Buildings occupied in whole or in part for residential purposes,
subject to this chapter, shall comply with the requirements established
in this article concerning occupancy, size, light and ventilation
in order to provide safe and healthful environment.
[Amended 6-26-2018 by L.L. No. 6-2018]
The maximum number of occupants of any building shall be determined
based on the requirements of the New York State Uniform Fire Prevention
and Building Code, as amended.
A.
It shall be prohibited to use for sleeping purposes any kitchen,
nonhabitable space or public space.
B.
It shall be prohibited in lodging houses to use for dining purposes
any communal kitchen containing less than 100 square feet of floor
area or any nonhabitable space or public space other than dining space.
C.
It shall be prohibited to prepare or eat meals in lodging units.
D.
It shall be prohibited to use any cellar space as habitable space.
E.
No vehicle, motor home, camping trailer, pickup camper, recreational
vehicle or similar item shall be used as habitable space, as defined
in this chapter, within the boundaries of the Town unless such vehicle
is parked in an area specifically approved by the Town as a campground
or as a location for temporary or emergency housing. In all civil
and criminal prosecutions brought for the enforcement of Code provisions
in respect to the use of a vehicle, motor home, camping trailer, pickup
camper, recreational vehicle, or similar item, as habitable space,
it shall be a rebuttable presumption that such vehicle is being used
as habitable space if said vehicle is connected to a source of energy
that provides light, heat and/or power.
[Added 3-31-2009 by L.L. No. 4-2009]
A.
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 less than six feet shall not be considered in computing
floor area.
B.
Kitchens shall have a minimum of 60 square feet of floor area, and
other habitable spaces shall contain not less than 80 square feet
of floor area and shall have a minimum horizontal dimension of seven
feet.
A dwelling unit shall contain at least one habitable room having
a minimum of 150 square feet of floor area and a minimum horizontal
dimension of 10 feet.
Each alcove less than 60 square feet in area, except a cooking
space or foyer, shall be deemed to be part of a habitable room. The
area of the opening in the dividing partition between the alcove and
the room shall be at least 80% of the wall area of the partition,
measured on the alcove side, but not less than 40 square feet. The
depth of such alcove shall not exceed half its width. The floor area
of the alcove shall be added to the floor area of the room in determining
light and ventilation requirements for the room. An alcove with an
area of 60 square feet or more but less than the required area of
a habitable room shall be separately lighted and ventilated, as required
for habitable space.
Basements shall not be deemed habitable space where required
windows are located only on one wall and the depth of the basement
space exceeds four times its clear height.
A.
Habitable space shall be provided with natural light through one
or more windows, skylights, transparent or translucent panels, or
any combinations thereof, that face directly on legal open spaces
at least six inches above the adjoining finished grade or are 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.
B.
Habitable space shall be provided with artificial light.
C.
Habitable space shall be provided with natural ventilation through
openable parts of windows or other openings in exterior walls that
face legal open spaces above the adjoining finished grade or above
a roof, or through openable parts of skylights, providing total clear
ventilation area equal to not less than 5% of the total floor area
of each habitable space.
D.
Habitable space may also be provided with mechanical ventilation
in addition to natural ventilation.
A.
Dwelling units shall be separated from each other and from other
spaces outside the dwelling unit.
B.
Sleeping rooms within dwelling units shall be separated from each
other and from other spaces outside the sleeping rooms, to provide
privacy.
C.
Lodging units shall be separated from each other and from other spaces
outside the lodging units.
D.
A communal kitchen or dining room in a lodging house shall be accessible
to the occupants sharing the kitchen or dining room without going
through a dwelling unit or lodging unit of another occupant.
A.
Height. Public space shall have a minimum height of seven feet six
inches, measured from finished floor to finished ceiling.
B.
Light and ventilation.
(1)
Public spaces shall be provided with artificial light.
(2)
In public stairs, stairways and passageways, artificial light shall
be electric lighting available at all times so as to afford safe passage
for occupants and users. Such lighting shall conform to the following:
(a)
A sufficient number of fixtures shall be provided so that the
distance between fixtures is not more than 30 feet and so that no
wall is more than 15 feet distant from a fixture.
(b)
Incandescent lighting shall be based on not less than 1/4 watt
per square foot of floor area, except that each fixture shall have
a lamp or lamps with a total of not less than 25 watts.
(c)
Fluorescent lighting shall be based on not less than 1/10 watt
per square foot of floor area, except that each fixture shall have
a lamp or lamps of a total of not less than 15 watts.
(d)
Where under these formulas the calculated wattage does not correspond
to that of a standard lamp, the next larger size shall be used.
(3)
Public spaces shall be provided either with natural ventilation conforming
to the requirements for habitable space or with mechanical ventilation.
Buildings for the purpose of this chapter shall be classified
in respect to their occupancies as follows:
A.
One-family owner-occupied dwellings: buildings containing not more
than one dwelling unit occupied exclusively for residential purposes
by the immediate family of the owner-occupant, not having more than
one kitchen or one kitchenette and no portion of which is used for
the accommodation of roomers or boarders.
B.
One- and two-family dwellings: buildings containing one or two dwelling
units, with less than four lodgers residing with a family in either
one of such dwelling units.
C.
Multiple dwellings: buildings containing one or two dwelling units
with more than four lodgers with a family in either one of such dwelling
units, buildings containing three or more dwelling units, lodging
houses, buildings with sleeping accommodations for more than five
persons used or occupied as a club, dormitory, fraternity or sorority
house or for similar uses and garden apartments.
D.
Accessory structures: garages, carports and similar-type structures
on residential premises.
A.
Height. Nonhabitable space, except crawl spaces and attics, in multiple
dwellings, 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 dwellings shall
have provisions for privacy.
(2)
Toilet rooms and bathrooms for dwelling units 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)
Unless located within dwelling units or directly connected with sleeping
rooms, toilet rooms and bathrooms in multiple dwellings shall be provided
in each story containing habitable space and shall be accessible thereto.
(4)
Toilet rooms for employees in multiple dwellings shall be in separate
rooms for each sex where there are five or more employees, shall be
readily accessible to the employees and shall not open directly into
any public kitchen or other public space used for the cooking or preparation
of food.
(5)
In one- and two-family dwellings, bathrooms and toilet rooms shall
be provided with floors of moisture-resistant material.
(6)
In multiple dwellings, floors of bathrooms, toilet rooms and similar
spaces shall be waterproof; such waterproofing shall extend six inches
or more above floors, except at doors, so that floors can be flushed
or washed without leaking.
C.
Light and ventilation.
(1)
Kitchenettes, bathrooms and toilet rooms shall be provided with artificial
light appropriate for the use of such rooms.
(2)
Laundry rooms, furnace rooms and similar nonhabitable space shall
be provided with artificial light appropriate for the intended use
of such rooms.
(3)
Stairs shall be provided with artificial light to allow safe ascent
or descent.
(4)
Kitchenettes, bathrooms and toilet rooms shall be provided with ventilation
in accordance with either of the following: Natural ventilation as
required for habitable space, except that such openable areas shall
be not less than 1 1/2 square feet for bathrooms or toilet rooms
and not less than three square feet for kitchenettes; or 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.
(5)
Spaces in multiple dwellings which contain central heat-producing,
air-conditioning and other equipment shall be ventilated to the outer
air, and air from these spaces shall not be recirculated to other
parts of the building.
(6)
Ventilation shall be provided in unheated attics, spaces below flat
roofs and crawl spaces. Location and net areas of ventilation openings
shall be such as to minimize deterioration of structural members from
condensation or other causes, in conformity with generally accepted
standards.
A.
Safe, continuous and unobstructed exits shall be provided from the
interior of the building to the exterior at street or grade level.
B.
Exits shall be arranged, constructed and proportioned so that occupants
may escape safely from the building in case of emergency.
C.
In one- and two-family dwellings, in addition to a primary exit from
the building, there shall be provided a secondary exit or, in lieu
thereof, one or more exit openings for emergency use.
D.
In multiple dwellings, approved exits shall be provided.