Buildings occupied in whole or in part as multiple
dwellings shall conform to the requirements hereinafter set forth
concerning occupancy, size, light and ventilation so as to provide
a safe and healthful environment.
A.
In dwelling units existing or under construction on
May 1, 1972, the maximum number of occupants shall be determined at
the time of letting or renting on the basis of gross floor area as
follows:
[Amended 11-19-1991 by L.L. No. 13-1991]
B.
In dwelling units, the construction of which was commenced
after May 1, 1972, the maximum number of occupants shall be determined
at the time of letting or renting on the basis of gross floor area
as follows:
[Amended 11-19-1991 by L.L. No. 13-1991]
C.
It shall be prohibited to use for regular sleeping
purposes any kitchen, nonhabitable space or public space.
D.
Habitable spaces shall conform to the following requirements:
(1)
Habitable space shall have a minimum ceiling height
of seven feet six inches over 50% of the floor area.
(2)
Every dwelling unit shall contain at least one habitable
room with a floor area of at least 150 square feet and a minimum dimension
of 10 feet.
(3)
All habitable space shall have a minimum dimension
of seven feet.
(4)
Habitable space shall be provided with natural light
through one or more windows, skylights, transparent or translucent
panels or any combination thereof that face on a legal open space
or are above a roof. The amount of light transmitted by these shall
be equal to that transmitted by clear glass equal in area to 10% of
the floor area of the habitable space.
(5)
Habitable spaces shall be provided with artificial
light.
(6)
Habitable spaces shall be furnished with natural ventilation
through openable parts of windows of other openings in exterior walls.
Such openings shall provide ventilation equal to that provided by
a clear ventilation area equal in area to 5% of the floor area of
the habitable space.
E.
Public spaces within a multiple dwelling shall meet
the following requirements:
(1)
Public spaces shall have a minimum ceiling height
of seven feet six inches.
(2)
Public spaces shall be provided with artificial electric
lighting sufficient to afford safe passage for occupants and users
at all times.
(3)
When, in public halls and stairs, artificial lights
are controlled by switches, a switch shall be located at each terminus
of such public hall or stair.
(4)
Public spaces shall be provided with either natural
ventilation conforming to the requirements of natural ventilation
for habitable spaces or with equivalent artificial ventilation.
F.
Nonhabitable spaces within a multiple dwelling shall
meet the following requirements:
(1)
Nonhabitable spaces, except cellars, crawl spaces
and attics, shall have a minimum ceiling height of seven feet.
(2)
Toilet rooms and bathrooms in multiple dwellings shall
be located within the dwelling unit and shall be accessible from each
sleeping room without passing through another sleeping room.
(3)
Toilet rooms and bathrooms shall be provided with
floors of moisture-resistive materials.
(4)
Nonhabitable spaces shall be provided with artificial
light.
(5)
Nonhabitable spaces shall be furnished with ventilation
in accordance with either of the following:
(a)
Natural ventilation as required for habitable
spaces, except that such openable areas shall be not less than two
square feet for toilet rooms and bathrooms nor less than three square
feet for kitchenettes; or
(b)
Mechanical ventilation exhausting not less than
25 cubic feet per minute for toilet rooms and bathrooms or 150 cubic
feet per minute for kitchenettes.
(6)
Ventilation shall be provided for unheated attics,
spaces below flat roofs and for crawl spaces. Locations and net areas
of ventilation openings shall be such as to minimize deterioration
due to condensation.
G.
Stairs in multiple dwellings shall be so arranged
and constructed so as to provide for safe ascent and descent.
H.
There shall be no variation in excess of 1/2 inch
in height of risers in any one run of stairs.
I.
Stairs or steps or more than three risers shall be
provided with handrails parallel to the slope of such stair on at
least one side. When such stairs are open in one or more sides, such
handrails shall be installed on all open sides. The top surfaces of
such handrails or railings shall be between 30 and 36 inches above
the floor or tread level, measured at the riser face. Clearance between
the handrail and the supporting wall shall be no less than 1 1/2
inches.
J.
Safe, continuous and unobstructed egress from the interior of the building to the exterior at street or grade level shall be provided. For the purpose of this subsection, compliance with the requirements of the New York State Uniform Fire Prevention and Building Code applicable to multiple dwellings shall constitute compliance with this Article V.
[Amended 11-19-1991 by L.L. No. 13-1991]
A.
Buildings and parts thereof shall be maintained so
that they are capable of sustaining safely their own weight and the
loads to which they may be subjected.
B.
Buildings shall be maintained so that loads are transmitted
to the soil without undue differential settlement, unsafe deformation
or movement of the building or any part thereof.
C.
Buildings shall be maintained so that protection is
provided for all structural members which may become structurally
unsound if left unprotected. Causes of such deterioration include,
among others, action of freezing and thawing, dampness, corrosion,
wetting and drying and termites and other destructive insects.
D.
Buildings built in soil which is water-bearing at
any time of the year shall be maintained so that ground- and surface
water will not penetrate into the habitable space.
E.
Foundation walls shall be maintained so as to be structurally
sound and so as to prevent the entrance of moisture, termites and
vermin. Such protection shall, where necessary, consist of shoring,
subsoil drainage, grouting of masonry cracks, waterproofing of walls
and joints and other approved means.
F.
Exterior walls and wall components, including windows
and doors, shall be maintained so as to prevent deterioration due
to the elements and destructive insects. Such maintenance shall consist
of painting, installation and repair of walls, copings, flashings,
waterproofing of joints, installation and repair of termite shields
or other approved means.
G.
Roofing shall be maintained in a watertight condition
so as to prevent leakage into the building. Such maintenance shall
consist of repairs to roofing, flashings, waterproof coatings and
other suitable means.
H.
Interior structural members shall be maintained so
as to remain structurally sound.
I.
Chimneys and flues shall be maintained so as to be
structurally sound and so as to prevent the leakage of flue gasses
into the multiple dwellings.
J.
Ceilings and walls shall be maintained so that parts
thereof do not become loose or defective and constitute a hazard to
occupants.
K.
Toilet room and bathroom floors shall be maintained
so as to prevent the leakage of water through the floor and resultant
deterioration of structural members or ceilings below.
A.
In multiple dwellings, it shall be prohibited to accumulate
or store any highly flammable or explosive materials such as paints,
violatile oils, cleaning fluids and similar materials or any combustible
refuse subject to spontaneous combustion, such as wastepaper, boxes,
rags or similar materials.
B.
In multiple dwellings, it shall be prohibited to store
materials on stairs or on fire escapes, in passageways or at windows
and doors or other locations where, in the event of fire, such materials
may obstruct egress of occupants or interfere with fire-fighting operations.
C.
Walls and ceilings of dwelling units shall be maintained
free from cracks or other openings which would permit flames or excessive
heat or combustion gasses from entering concealed spaces or adjoining
dwelling units.
D.
In multiple dwellings, all dwelling units shall be
separated from each other by construction having the following fire-resistance
ratings:
|
Construction Classification Type
|
Required Rating
|
|---|---|
|
1
|
1-hour
|
|
2
|
3/4-hour
|
|
3
|
3/4-hour
|
|
4
|
3/4-hour
|
|
5
|
3/4-hour
|
E.
In multiple dwellings, all exits, including stairways
and hallways forming a part thereof, shall be enclosed with construction
having the following fire-resistance ratings:
|
Construction Classification Type
|
Required Rating
|
|---|---|
|
1
|
1-hour
|
|
2
|
3/4-hour
|
|
3
|
3/4-hour
|
|
4
|
3/4-hour
|
|
5
|
3/4-hour
|
F.
All structural members shall be protected by a finish
affording a fire-protection rating of at least 3/4 of an hour.
G.
Chimneys, flues and gas vents shall be so constructed,
located and maintained so as to prevent any wood in immediate proximity
to said chimney, flue or gas vent from being subjected to temperatures
in excess of 175° F.
A.
Surface and subsurface water shall be appropriately
drained to protect buildings and to prevent the formation of stagnant
pools.
B.
Fences and other minor constructions shall be maintained
in a safe and substantial condition.
C.
Steps, walks, driveways, parking spaces, private roads
on the premises of multiple dwellings and similar paved areas shall
be maintained in a substantial condition so as to afford safe passage
under normal use.
D.
Yards and courts shall be kept clean and free from
physical hazards.
E.
Heavy undergrowths and accumulations of plant growths
shall be eliminated and regularly trimmed.
F.
Exterior wood surfaces and other surfaces which are
not inherently resistive to deterioration shall be periodically treated
with a protective coating of paint or other preservative material.
G.
Floors, ceilings, walls, furnishings and fixtures
of dwelling units in a multiple dwelling shall be maintained in a
clean and sanitary condition.
H.
Accessory structures shall be maintained so as to
be free from conditions detrimental to safety and health.
A.
Plumbing, heating, electrical, ventilating, air-conditioning,
refrigerating and cooking equipment, elevators, dumbwaiters and other
mechanical installations for use in multiple dwellings shall be installed,
located, maintained and constructed so that, under normal conditions
of use, such equipment and systems shall not be a danger to the safety
and health of the occupants or users of the buildings and will not
create excessive noise or otherwise constitute a nuisance.
B.
Moving parts of equipment which may be a potential
hazard shall be guarded against accidental contact.
C.
Plumbing systems shall be maintained in a safe, operable
and sanitary condition and so that fixture usage will not cause damage
or deterioration to any part of the building.
D.
Potable water shall be available at all times in dwelling
units to multiple dwellings.
E.
Water supply systems shall be installed and maintained
in such a manner as to provide at all times a supply of water to all
fixtures in sufficient volume and at pressures adequate to enable
the fixtures to operate satisfactorily and without undue noise.
F.
Hot-water supply systems shall be equipped with safety
devices arranged to relieve hazardous pressures and excessive temperatures.
G.
Plumbing fixtures shall be drained to a sewage drainage
system, and such system shall be connected to a public sewer or to
an approved private system.
H.
Each fixture directly connected to the sewage drainage
system shall be equipped with a water seal trap.
I.
Storm drains shall be installed in such a manner that
discharged water shall not flow across sidewalks.
J.
Where a drainage system is subject to backwater, suitable
provision shall be made that it does not overflow into the building.
K.
Plumbing fixtures shall be made of smooth, nonabsorbent
materials and shall be free from concealed fouling surfaces.
L.
Plumbing fixtures shall be spaced so that they are
reasonably accessible for their intended use.
M.
Each dwelling unit shall contain at least one kitchen
sink connected to sources of both hot and cold water, one lavatory
connected to sources of both hot and cold water, one bathtub or shower
connected to sources of both hot and cold water and one flush water
closet connected to a source of cold water.
N.
Fuel gas piping systems shall be installed and maintained
so as to remain gastight, safe and operative under conditions of use.
O.
Fuel gas piping systems shall be so sized as to provide
a supply of gas sufficient to meet the maximum expected demand of
the installed gas-burning appliance connected thereto.
P.
Shutoff valves.
(1)
Gas piping systems shall have at least one accessible
means for shutting off all gas supply, and such means shall be maintained
in good operating condition.
(2)
An easily accessible shutoff valve shall be provided
in the gas piping in close proximity to and ahead of every outlet
for a gas appliance.
Q.
Gas services, meters and piping shall be so located
that they are protected from damage.
R.
Any service connection supplying gas at a pressure
in excess of one pound per square inch shall be provided with a device
to reduce such pressure to not more than 1/2 psi prior to entering
the meter.
S.
Multiple dwellings intended for occupancy between
the first day of October and the last day of May of the following
year shall be provided with heating equipment designed to maintain
a temperature of not less than 70° F., at a distance of three
feet and more from exterior walls at a level of five feet above the
floor. The capacity of such equipment shall be based on a minimum
outside temperature of minus -10° F.
T.
In all dwelling units in multiple dwellings, heat
shall be provided to maintain a temperature of 70° F. whenever
the outside temperature falls below 55° F. In the event that the
outside temperature falls below -10° F., the interior temperature
shall be maintained at a point 80° higher than the exterior temperature.
U.
Fuel-burning heat-producing equipment shall be installed
and maintained so that the omission of smoke, dust, particles, odors
and other products of combustion into the atmosphere will not create
a nuisance or be detrimental to the health, safety, comfort or property
of any person.
V.
Fuel-burning equipment shall be permanently fastened
and connected in place. Fuel supply connection to such equipment shall
consist of pipe or tubing of solid metal.
W.
Where heat-producing equipment is installed on or
near combustible materials, the location, installation clearance and
control of the equipment shall be such that the surface temperature
of such combustible materials shall not exceed 120° F.
X.
Heat-producing equipment shall be located so that
it is provided with a supply of outside air adequate to provide for
both complete combustion at the gross rated capacity of the equipment
and for the prevention of accumulation of heat.
Y.
Equipment burning solid or liquid fuel shall be connected
to a suitable chimney or flue and shall not be connected to gas vents.
Z.
Gas-fired equipment shall be connected to suitable
chimneys, flues or gas vents or shall otherwise be provided with an
approved means of discharging products of combustion to the outside
air.
AA.
Equipment capable of developing hazardous pressures
or temperatures shall be provided with a means to safely relieve such
pressures or temperatures.
BB.
Automatically operated heat-producing equipment shall
be provided with controls to function as follows:
(1)
When failure or interruption of flame or ignition
occurs, the fuel supply shall be cut off.
(2)
When a predetermined temperature or pressure is exceeded,
the input of additional heat shall be prevented or reduced to a safe
rate.
(3)
When the water level in a steam boiler drops below
a predetermined level, the fuel supply shall be shut off.
CC.
Dwelling units shall be wired for electricity, and
lighting equipment shall be installed throughout to provide adequate
illumination for the intended use of each space.
DD.
There shall be a switch or other means of controlling
a light in each dwelling unit near the point of entry to such unit.
EE.
Electrical wiring and equipment shall be installed
and maintained in conformity with generally accepted standards and
so as not to be a source of potential ignition of combustible material
or a potential source of electrical hazard.
FF.
Electrical wiring shall be protected against excessive
current by properly rated overcurrent devices.
GG.
Service equipment and overcurrent protection devices
shall be installed and maintained in a readily accessible location.
HH.
Every dwelling unit shall be supplied with appropriate
cooking and refrigeration equipment.
II.
Cooking and refrigeration equipment shall be maintained
in good operating condition.
JJ.
Ventilating systems shall be installed and maintained
so that the rapid spread of heat, flame, smoke or combustion gases
through the system shall be prevented and so that, under normal conditions
of use, combustible materials in contact with or near shall not be
heated to a temperature in excess of 120° F.
KK.
Ducts shall be fastened securely in place.
LL.
Air required for ventilation shall be taken from the
exterior or shall be quality controlled.
MM.
Exhaust air from a dwelling unit or space whose contents
may emit odors, fumes or vapors shall not be circulated to other spaces
within the building.
NN.
Air intake and exhaust openings shall be so located,
installed and maintained as not to constitute a hazard and so as to
prevent the possibility of fire, smoke, fumes or foreign matter being
drawn into the system.
OO.
Fuel oil shall be received, stored and conveyed by
means of fixed, liquid-tight equipment which conforms to the requirements
of the National Fire Protective Association. Number 6 or Bunker C
fuel oil shall not be used in equipment originally designed to burn
Number 2 or Number 4 fuel oil.
PP.
Automatically operated boilers or furnaces employing
fuel oil shall be provided with a remote control to stop the flow
of oil during a fire or emergency or whenever the temperature at a
point three feet above the top of the boiler or furnace exceeds 130°
F. Such fuel oil interruption device shall interrupt the fuel supply
as near as is practicable to the furnace or boiler.
QQ.
There shall be provided in each building one Underwriters'
Laboratories approved hand fire extinguisher rated 2-A:20B:C. Such
extinguisher shall be rated for use on all fires and shall be located
in a readily accessible location.
