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City of Oneida, NY
Madison County
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Table of Contents
Table of Contents
Buildings occupied in whole or in part shall comply with the requirements set forth in this article concerning occupancy, size, light and ventilation in order to provide a safe and healthful environment.
A. 
Every dwelling unit shall contain a minimum gross floor area of 150 square feet for the first person, 150 square feet for the second person and 100 square feet for each occupant thereafter.
B. 
In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under 12 years of age.
C. 
Floor area shall be calculated on the basis of habitable room area. However, closet area and hall area within the dwelling unit, where provided, may count for not more than 10% of the required habitable floor area. At least 1/2 of the floor area of every habitable room shall have a ceiling height of at least seven feet; and the floor area of any part of any room where the ceiling height is less than 4 1/2 feet shall not be considered as part of the floor area in computing the total floor area of the room to determine maximum permissible occupancy.
D. 
In buildings occupied as clubs, dormitories, sorority or fraternity houses and providing sleeping accommodations for more than five persons, the maximum number of occupants so accommodated in any habitable room shall be limited to the number determined on the basis of the floor area, in square feet, of any 50 square feet per occupant.
E. 
In lodging units and rooming units the maximum number of occupants shall be limited to the number determined on the same basis as for dwelling units.
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 and rooming 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 meals in lodging units and rooming units.
D. 
It shall be prohibited to use any cellar or basement as habitable space except as provided in § 77-88.
A. 
Habitable space shall have a minimum ceiling height of seven feet over 50% of the floor area; and the floor area where the ceiling height is less than 4 1/2 feet shall not be considered in computing floor area.
B. 
Every alcove less than 60 square feet in area, except a cooling 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 such 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.
A. 
Rooms providing facilities for recreation and which may also have facilities for incidental food preparation may be located in a cellar or a basement.
B. 
No basement shall be used as a habitable room or dwelling unit unless:
(1) 
The floors and walls are substantially watertight.
(2) 
Windows are provided on at least one wall.
(3) 
The dimension from the wall having the major window area to the opposite wall does not exceed four times the clear height of the basement. If this dimension is exceeded, the portion of the basement beyond the limiting dimension shall not be used as habitable space.
C. 
Except in multiple dwellings, cellars may be used as habitable space providing the cellar complies with all the following requirements:
(1) 
Combustion air shall not be taken from habitable space directly or indirectly.
(2) 
All habitable space in cellars shall be ventilated by mechanical means. The ventilating system shall replace the air in the habitable spaces at the rate of at least five cubic feet per minute per human occupant. The air supply of said ventilation system shall be from the exterior or may be drawn from the floor above provided that the floor above is occupied by the same tenancy as the cellar.
(3) 
Walls of cellars shall be constructed to prevent condensation forming thereon when the relative humidity in the habitable area is 35%.
(4) 
All fuel-burning equipment shall be separated from habitable space by a partition having a minimum fire rating of 3/4 of an hour.
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 required for each room 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 electric 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 also may 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 and boarding 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 such kitchen or dining room without going through a dwelling unit or lodging unit of another occupant.
Public space shall have a minimum height of 7 1/2 feet, measured from finished floor to finished ceiling.
A. 
Public space shall be provided with electric light.
B. 
In public stairs, stairways and passageways, electric lighting shall be available at all times so as to afford safe passage for occupants and users. Such lighting shall conform to the following:
(1) 
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.
(2) 
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.
(3) 
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.
(4) 
Where under these formulas the calculated wattage does not correspond to that of a standard lamp, the next larger size shall be used.
C. 
Public spaces shall be provided with either natural ventilation, conforming to the requirements for habitable space or with mechanical ventilation.
Nonhabitable space, except crawl spaces and attics, in multiple dwellings shall have a minimum height of seven feet measured from floor to ceiling.
A. 
Toilet rooms and bathrooms shall have provisions for privacy.
B. 
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.
C. 
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.
D. 
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 such employees and shall not open directly into any public kitchen or other public space used for the cooking or preparation of food.
E. 
In one- and two-family dwellings, bathrooms, toilet rooms shall be provided with floors of moisture-resistant material.
F. 
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. Walls shall be constructed or covered with a moisture-resistant material.
G. 
All shower enclosures shall have waterproof floors and water-resistant walls.
A. 
Kitchenettes, bathrooms and toilet room shall be provided with electric light appropriate for the use of such rooms.
B. 
Laundry rooms, furnace rooms and similar nonhabitable space shall be provided with electric light appropriate for the intended use of such rooms.
C. 
Stairs shall be provided with electric light to allow safe ascent or descent.
D. 
Kitchenettes, bathrooms and toilet rooms shall be provided with ventilation in accordance with either of the following:
(1) 
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
(2) 
Mechanical ventilation exhausting not less than 20 cubic feet per minute for kitchenettes.
E. 
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 circulated to other parts of the building.
F. 
Ventilation shall be provided in unheated attics, spaces below flat roofs and in crawl spaces. Location and net area 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. 
Stairs, both interior and exterior, shall be of sufficient width in conformity with generally accepted standards so as to serve the occupants.
B. 
Railings shall be provided on open portions of stairs, balconies, landings and stairwells.
A. 
Safe, continuous and unobstructed exits 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 an 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 openings for emergency use. Openings for emergency uses shall be as defined in the New York State Uniform Fire Prevention and Building Code applicable to one- and two-family dwellings.
D. 
In multiple dwellings, approved exits shall be provided.