A.
Buildings occupied in whole or in part shall comply with the requirements
set forth herein concerning size, occupancy, light and ventilation
in order to provide a safe and healthful environment.
B.
Dwelling units shall be separated from each other and from other
spaces outside the dwelling unit.
C.
Sleeping rooms within dwelling units shall be separated from each
other and from other spaces outside the sleeping rooms to ensure privacy.
D.
Lodging units shall be separated from each other and from other spaces
outside the lodging units.
E.
A communal kitchen or dining room in a lodging unit shall be accessible
to the occupants sharing such kitchen or dining room without going
through a dwelling unit or lodging unit of another occupant.
A.
Size.
(1)
Habitable space shall have a minimum ceiling height of seven feet
six inches over 50% of the floor area, and the floor area where the
ceiling height is five feet or less shall not be considered in computing
the floor area of habitable space.
(2)
A dwelling unit shall contain at least one habitable room having
a minimum of 132 square feet of floor area and a minimum horizontal
dimension of 10 feet.
(3)
Kitchens shall have a minimum of 60 square feet of floor area and
a minimum horizontal dimension of seven feet. A kitchenette of less
than 60 square feet or an efficiency- or pullman-type kitchen is not
computed as habitable space.
(4)
Every room occupied for sleeping purposes by one occupant shall have
a minimum gross floor area of at least 70 square feet. Every room
occupied for sleeping purposes by more than one occupant shall have
a minimum gross floor area of 50 square feet per occupant thereof.
In the case of children under six years of age, the requirement shall
be 35 square feet per child. Every room used for sleeping purposes
shall have a minimum width of seven feet.
(5)
Every dwelling unit which is intended for occupancy as an efficiency,
bachelor, studio, kitchenette or similar type of apartment and which
contains a room not intended primarily for either cooking or for sleeping,
but which is properly designed and equipped or especially furnished
with kitchenette and bed furniture, properly designed for daytime
storage or other daytime uses, to be maintained as a combination or
regular living and efficiency sleeping unit, shall have a minimum
of 100 square feet of habitable floor area for the first occupant
and 50 square feet for each additional occupant, exclusive of that
area designated as a kitchenette and bathroom or toilet room.
B.
Maximum occupancy.
(1)
In dwelling units, the maximum number of occupants shall be limited
to the number determined on the basis of the floor areas of the habitable
rooms provided for sleeping purposes, as follows: one occupant for
each 50 square feet of floor area, with a minimum of 70 square feet
for the first occupant.
(2)
In lodging units, the maximum number of occupants shall be limited
to the number determined on the same basis as for dwelling units.
D.
Light and ventilation.
(1)
Habitable space shall be provided with natural light through one
or more windows, skylights, transparent or translucent panels or any
combination thereof that faces directly on a street, yard, court or
passageway upon the same lot as that occupied by the dwelling in which
such habitable space is located and above the adjoining finished grade
or above a roof. The amount of light shall be equivalent to that transmitted
through clear glass equal in area to 10% of the floor area of the
habitable space.
(2)
Habitable space shall be provided with artificial light in accordance with § 148-28 of this chapter.
(3)
Habitable space shall be provided with ventilation in accordance
with either of the following:
(a)
Natural ventilation through openable parts of windows or other
openings in exterior walls that face legal open spaces or through
openable parts of skylights, providing clear ventilation area equal
to not less than 5% of the total floor area of each habitable space;
or
(b)
Mechanical ventilation providing at least two air changes per
hour, either of outdoor air or a mixture of outdoor and recirculated
air in such proportion that a minimum of one air change per hour shall
be outdoor air.
A.
Height. Nonhabitable space, except crawl spaces and attics, shall
have a minimum height of seven feet, measured from floor to ceiling.
B.
Toilet rooms and bathrooms.
(1)
Toilet rooms and bathrooms in one- and two-family dwelling units
shall have provision for privacy.
(2)
Toilet rooms and bathrooms in multiple dwellings shall be located
within the dwelling units and shall be accessible from any sleeping
room without passing through any other sleeping room.
(3)
In multiple dwellings, toilet rooms for employees shall not open
directly into any public kitchen or other space used for the cooking
or preparation of food.
(4)
In one- or two-family dwellings, bathrooms and toilet rooms shall
be provided with floors of moisture-resistant material.
(5)
In multiple dwellings, floors of bathrooms, toilet rooms and similar
places shall be waterproof, and such waterproofing shall extend six
inches or more above floors, except at doors.
C.
Light and ventilation.
(1)
All nonhabitable space shall be provided with artificial light appropriate for the use of such space and in accordance with § 148-28 of this chapter.
(2)
Kitchenettes, bathrooms and toilet rooms shall be provided with ventilation
in accordance with either of the following:
(a)
Natural ventilation as required for habitable space in § 148-9D of this chapter, except that the minimum opening shall be 1 1/2 square feet for bathrooms or toilet rooms and three square feet for kitchenettes; or
(b)
Mechanical ventilation exhausting not less than 25 cubic feet
per minute for bathrooms and toilet rooms and not less than 100 cubic
feet per minute for kitchenettes.
(3)
Ventilation shall be provided in unheated attics, crawl spaces and
spaces below flat roofs. The location shall be arranged so as to provide
cross-ventilation. The minimum standard shall be one square foot 144
square inches to 500 square feet of floor area.
A.
Interior stairways. Interior stairways of every structure used for
human habitation shall be structurally sound and free from defects.
Railings shall be provided, securely fastened to structural members
and maintained to be capable of bearing normally imposed loads, on
the open portion of stairs, balconies, landings and stairwells. Where
interior stairways are enclosed by walls on both sides, a handrail
shall be affixed to one sidewall for the entire length of the stairs.
B.
Exterior stairways. Exterior stairways shall be structurally sound
and free from cracks and holes and capable of supporting normally
imposed loads. A railing shall be provided on the open portion of
stairs, balconies, platforms and landings. Where exterior stairs are
enclosed by walls on both sides, a handrail shall be affixed to one
sidewall for the entire length of the stairs.
C.
Folding stairs. Folding or disappearing stairs may be used only for
access to attics or other nonhabitable space which is used for storage
purposes and are prohibited as a means of access to any area used
for habitation.
A.
General requirements.
(1)
All exits shall be arranged, constructed, proportioned and maintained
so as to provide safe, continuous and unobstructed exit from the building
in case of emergency.
(2)
In addition to a primary exit from any building, there shall be provided
a secondary exit from the building or, in lieu thereof, one or more
openings for emergency use.
B.
Openings for emergency use in buildings containing dwelling units
and not over three stories in height.
(1)
In addition to the primary opening, a second or emergency opening
shall be provided at each floor level containing a habitable space.
Such openings shall include doors, openable parts of windows or openable
panels, located so as to provide ready access to legal open spaces.
Such openings shall have a minimum area of five square feet with a
minimum dimension of 16 inches and with the bottom of the opening
no higher than three feet above the finished floor in all above-grade
stories and no higher than four feet six inches in basement occupancies.
(2)
If the building is occupied by three or more families, exits shall
be provided as detailed by the Multiple Residence Law of New York
State.
C.
Exits for dwellings more than three stories in height.
(1)
If the building is occupied by three families or more, exits shall
be provided as detailed by the Multiple Residence Law of New York
State.
(2)
If the building is occupied by one or two families and not more than
two lodgers residing with either family, the building shall have exits
from every story which shall provide safe, continuous passage to a
legal open space and which will comply with one of the following requirements:
(a)
One stairway, enclosed by walls having a fire-retardant rating
of 3/4 hour, and all openings provided with self-closing doors or
other protectives with a fire-retardant rating of 3/4 hour.
(b)
Two interior stairways with all doors opening upon such stairways
equipped with a self-closing device.
(c)
One interior stairway with all doors equipped with a self-closing
device and one exterior stairway or fire escape providing exit from
each dwelling unit on any story.
(d)
One interior stairway, equipped with an automatic sprinkler
system, with all doors opening upon such stairway equipped with a
self-closing device.
