[Amended 5-3-2011 by L.L. No. 17-2011]
(A) 
Applicability. The provisions of this article shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.
(B) 
Responsibility.
(1) 
The owner or person-in-charge of the structure shall provide and maintain light, ventilation and space conditions in compliance with the requirements of this article. The failure, neglect or refusal to maintain any one of the minimum conditions or standards set forth in this article shall be deemed a violation of this chapter.
(2) 
It shall be unlawful to occupy as an owner-occupant, or to permit another person to occupy, any structure which does not comply with the provisions of this article.
(A) 
Habitable spaces. Every habitable space shall have at least one (1) window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be eight (8%) percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three (3) feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight (8%) percent of the floor area of the interior room or space, but not less than twenty-five (25) square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served.
(B) 
Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each two hundred (200) square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than thirty (30) feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of one (1) foot candle (11 lux) at floors, landings and treads.
(C) 
Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.
(A) 
Habitable spaces. Every habitable space shall have at least one (1) openable window. The total openable area of the window in every room shall be equal to at least forty-five (45%) percent of the minimum glazed area required in § 124-27(A). Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight (8%) percent of the floor area of the interior room or space, but not less than twenty-five (25) square feet (2.33 m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated.
(B) 
Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Subsection (A), except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.
(C) 
Cooking facilities. Cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormitory unit.
[Amended 5-3-2011 by L.L. No. 17-2011]
(D) 
Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Contaminated air shall be exhausted to the exterior and not be recirculated to any space.
(E) 
Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions.
(A) 
Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
(B) 
Minimum room widths.
(1) 
A habitable room, other than a kitchen, shall not be less than seven (7) feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three (3) feet (914 mm) between counterfronts and appliances or counterfronts and walls.
(2) 
Exceptions:
(a) 
Manufactured housing regulated in the Residential Code of New York State shall be permitted to retain room dimensions provided for at time of manufacture.
(b) 
Spaces legally in existence before January 1, 2003, and spaces for which a variance has been legally granted shall be allowed to be occupied.
(C) 
Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven (7) feet (2134 mm); except that:
(1) 
In one- and two-family dwellings, beams or girders spaced not less than four (4) feet (1219 mm) on center and projecting not more than six (6) inches (152 mm) below the required ceiling height.
(2) 
Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six (6) feet eight (8) inches (2033 mm) with not less than six (6) feet four (4) inches (1932 mm) of clear height under beams, girders, ducts and similar obstructions.
(3) 
Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven (7) feet (2134 mm) over not less than one-third (1/3) of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five (5) feet (1524 mm) or more shall be included.
(4) 
Manufactured housing regulated in the Residential Code of New York State shall be permitted to retain ceiling heights provided at time of manufacture.
(5) 
Spaces legally in existence before January 1, 2003, and spaces for which a variance has been legally granted shall be allowed to be occupied.
(6) 
Ceiling heights reduced by necessary repairs shall be no lower than six (6) feet eight (8) inches.
(D) 
Bedroom requirements. Every bedroom shall comply with the following requirements:
(1) 
Area for sleeping purposes. Every bedroom occupied by one (1) person shall contain at least seventy (70) square feet (6.5 m2) of floor area, and every bedroom occupied by more than one (1) person shall contain at least fifty (50) square feet (4.6 m2) of floor area for each occupant thereof.
(2) 
Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.
Exception: Units that contain fewer than two (2) bedrooms.
(3) 
Water closet accessibility. Every bedroom shall have access to at least one (1) water closet and one (1) lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one (1) water closet and lavatory located in the same story as the bedroom or an adjacent story.
Exception: Owner-occupied, one-family dwellings.
(4) 
Prohibited occupancy. Kitchens and non-habitable spaces shall not be used for sleeping purposes.
(5) 
Other requirements. Bedrooms shall comply with the applicable provisions of this chapter including, but not limited to the light, ventilation, room area, ceiling height, room width, plumbing facilities and water-heating facilities, heating facilities and electrical receptacle requirements of this chapter.
(E) 
Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements as follows:
MINIMUM AREA REQUIREMENTS
MINIMUM AREA IN SQUARE FEET*
SPACE
1-2 occupants
3-5 occupants
6 or more occupants
Living room1, 2
No requirements
120
150
Dining room1, 2
No requirements
80
100
Kitchen
50
50
60
Bedrooms
Shall comply with section (D) above
* For SI: One square foot = 0.093 mr2
(1) 
Sleeping area. The minimum occupancy area set forth above shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with section (D) above.
(2) 
Combined spaces. Combined living room and dining room spaces shall comply with the requirements set forth above if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
(F) 
Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:
(1) 
A unit occupied by not more than two (2) occupants shall have a clear floor area of not less than two hundred twenty (220) square feet (20.4 m2). A unit occupied by three (3) occupants shall have a clear floor area of not less than three hundred twenty (320) square feet (29.7 m2). These required areas shall be exclusive of the areas required by sections (2) and (3).
(2) 
The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty (30) inches (762 mm) in front. Light and ventilation conforming to this chapter shall be provided.
(3) 
The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
(4) 
There shall be a maximum of three (3) occupants.
(G) 
Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.