Buildings occupied in whole or in part as defined in this code
shall comply with the requirements hereinafter set forth concerning
occupancy, size, light and ventilation in order to provide a safe
and healthful environment.
No person shall occupy as owner or occupant or let to another
for occupancy any structure or portion thereof which does not comply
with the following requirements:
A.
Calculation.
For the purpose of this regulation, each person 12 years of age and
older shall be counted as one person; children more than one year
old but less than 12 years old shall be deemed to be 1/2 person; and
infants up to one year old shall not be counted. The floor area shall
be based upon the area of habitable rooms contained within the living
unit, exclusive of utility and storage rooms, halls, closets, porches
and any connecting spaces. Any area in a habitable room which has
a ceiling height of less than five feet shall not be counted or included
in the computation of the space.
B.
Dwelling
units. Every dwelling unit shall have at least 150 square feet of
habitable floor space for the first occupant, plus 100 square feet
of habitable floor space for each additional occupant. Each dwelling
unit shall contain one habitable room with at least 150 square feet
of floor area and a minimum horizontal dimension of eight feet. Any
additional habitable rooms shall have a minimum floor area of 120
square feet and a minimum horizontal dimension of seven feet.
[Amended 1-29-2019 by L.L. No. 4-2019]
C.
Sleeping
rooms. No room in any dwelling unit or rooming unit shall be used
for sleeping purposes unless there is a minimum habitable floor space
of 70 square feet for a space with a single occupant, and a minimum
habitable floor space of 50 square feet per occupant for a space with
multiple occupants.
[Amended 1-29-2019 by L.L. No. 4-2019]
D.
Ceiling
height. Habitable spaces, hallways, corridors, laundry areas, bathrooms,
toilet rooms and habitable basement areas shall have a minimum clear
ceiling height of seven feet, except:
[Amended 1-29-2019 by L.L. No. 4-2019]
(1)
In one- and two-family dwellings, beams or girders spaced not less
than four feet on center may project a maximum of six inches below
the required ceiling height; and
(2)
Basement rooms in one- and two-family dwellings occupied exclusively
for laundry, study or recreation purposes shall have a minimum ceiling
height of six feet eight inches with a minimum clear height of six
feet four inches under beams, girders and similar obstructions; and
(3)
In rooms occupied exclusively for sleeping, study or similar purposes
and having a sloped ceiling, all or part of the room shall have a
minimum clear ceiling height of seven feet over not less than 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 minimum
clear ceiling height of five feet shall be included.
A.
It
shall be prohibited to use for sleeping purposes any kitchen, nonhabitable
space or public space.
B.
It
shall be prohibited to use any cellar space as habitable space.
C.
Use
of a single-family dwelling by more than one family is prohibited.
D.
Use
of a two-family dwelling by more than two families is prohibited.
E.
No motor vehicle, boat, 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
for such use or in an area approved by the Commissioner of the Building
Department as a location for temporary or emergency housing.
No person shall occupy as owner or occupant or let to another
for occupancy any structure or portion thereof which does not comply
with the following requirements: The basement or cellar of any building
shall be dry and ventilated and shall be kept from rubbish accumulation
and infestation.
No room in any basement shall be occupied as a habitable room
unless:
A.
The finished floor surface is not more than four feet below grade.
B.
The ceiling is not less than four feet above grade.
C.
The floors and walls are waterproof and dampproof in accordance with
an approved method, if no contact with earth. Such waterproofing shall
be between the floor or wall finish and the ground.
No person shall occupy as owner or occupant or let to another
for occupancy any structure or portion thereof which does not comply
with the following requirements: Every habitable room in a dwelling
or dwelling unit shall contain a window or windows opening directly
to the outside air, and the total area of said window or windows shall
not be less than 8% of the floor area of such rooms. All window sashes
shall be glazed and provided with suitable hardware and shall be made
to open to the extent of not less than 4% of the floor area of such
room.
No person shall occupy as owner or occupant or let to another
for occupancy any structure or portion thereof which does not comply
with the following requirements:
A.
General. Heating facilities and their accompanying chimneys, flues
or stacks are to be installed in compliance with the ordinances of
the Town of North Hempstead and be maintained in good order and repair
so that they are capable of safely and adequately providing heat to
enclosed spaces which are or may be normally occupied. Doors, windows
and other parts of a building shall be constructed and maintained
so as to prevent abnormal heat losses. Heating facilities utilizing
gas as a fuel shall have a shutoff valve provided at or near the source
of supply to the facility.
B.
Heating facilities shall be provided to safely and adequately maintain
heat in all habitable rooms, bathrooms, kitchenettes, toilet rooms
or compartments within the walls of a dwelling to a temperature of
at least 68° F. at a distance of three feet or more from the exterior
walls and at a level of five feet above the floor level. The capability
of said heating equipment shall be based upon an outside temperature
of 0° F.
C.
Room heaters. No room heater that is independent of the heating system
in the dwelling shall be used except where the unit or appliance is
first approved by the office of the Fire Marshal of the County of
Nassau.
D.
Water heaters. Every dwelling shall be supplied with an approved
water heater or heaters capable of supplying a sufficient quantity
of water heated to a temperature of at least 120° F. to every
kitchen sink, lavatory, bathtub or shower located therein. Such water
heater or heaters shall be properly connected to a supply of potable
water.
No person shall occupy as owner or occupant or let to another
for occupancy any structure or portion thereof which does not comply
with the following requirements: The floors and walls of every building,
every dwelling unit and every rooming unit shall be kept free from
dampness.
No person shall occupy as owner or occupant or let to another
for occupancy any structure or portion thereof which does not comply
with the following requirements:
A.
Each dwelling shall be provided with a potable water supply, servicing
all required plumbing fixtures, devices and appurtenances in sufficient
volume and at pressures adequate to enable them to function satisfactorily
and without undue noise under normal operating conditions.
B.
There shall be at least one kitchen sink installed and maintained
in good, clean operation in every dwelling unit.
C.
Every kitchen sink, lavatory, bathtub or shower required by the code
or other law or ordinance shall be supplied with both hot and cold
water properly connected to a supply of potable water.
No person shall occupy as owner or occupant or let to another
for occupancy any structure or portion thereof which does not comply
with the following requirements:
A.
Number and location. In one-family dwellings, there shall be at least
one bathroom, located within the dwelling. In two- or more family
dwellings, each dwelling unit shall have at least one bathroom, located
within each unit.
B.
Arrangement. Bathrooms in dwelling units shall be accessible from
any sleeping room without passing through any other sleeping room.
Bathrooms within dwelling units and those in public spaces available
for the use of dwelling units shall have provisions made for privacy.
C.
Floors. Shower stalls shall be provided with waterproof floors and
with a wall wainscot made of at least a water-resistant material and
extending to a minimum height of five feet six inches above the floor
level. The floors of existing bathrooms shall be provided, as a minimum,
with a surface treatment which is reasonably impervious to moisture.
The floors of bathrooms in private dwellings shall be covered, as
a minimum, with a moisture-resistant material. The floors of new bathrooms
in multiple dwellings shall be waterproof; such waterproofing shall
extend six inches or more on the walls above the floors except at
doors. Floors shall be kept in a dry, clean and sanitary condition
by the occupant.
D.
Employee facilities. Where there are five or more employees in a
multiple dwelling, separate bathroom facilities shall be provided
for them and for each sex. Said facilities 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.
E.
Light and ventilation. Every bathroom in a building shall be provided
with adequate light and ventilation, either natural or artificial
in accordance with the requirements of the Town of North Hempstead
Building Code.
No person shall occupy as owner or occupant or let to another
for occupancy any structure or portion thereof which does not comply
with the following requirements:
A.
All plumbing fixtures, water supply lines, sewer lines and waste
disposal systems and their appurtenances shall be properly installed
in accordance with the requirements of the Plumbing Code of the Town.[1] They shall be maintained in a safe, sanitary and operating
condition, free from defects, leaks and obstructions.
B.
Every occupant shall be responsible for the exercise of proper care
and cleanliness in the use and operation of all plumbing fixtures,
sanitary facilities, appliances and equipment therein. This liability
on the part of the occupant shall not relieve the owner of the responsibility
of remedying any defect, nor of any other liability imposed upon the
owner by law, but it shall subject the occupant to the penalties of
this ordinance, upon proper proof, of any willful or malicious act
he has performed.
No person shall occupy as owner or occupant or let to another
for occupancy any structure or portion thereof which does not comply
with the following requirements:
A.
General requirements. Existing electrical fixtures, devices, wiring
and systems shall be maintained in safe working conditions and in
a manner which will avoid a potential source of ignition or shock
and shall be properly connected to a reasonable and adequate source
of electrical power. Any old, deteriorated, unused and/or unapproved
materials and equipment shall be removed and replaced, as may be required,
with approved materials and equipment. Existing electrical installations
or systems shall further be installed in accordance with standards
in force at the time of installation and approved by the National
Board of Fire Underwriters. Any alterations, major repairs or additional
installations shall comply with the requirements of the National Board
of Fire Underwriters. Fixed wiring, equipment, fixtures and devices
shall be firmly secured to the surface on which they are mounted.
Electrical wiring and equipment shall be protected against excessive
current demands by properly rated over-current devices installed in
approved locations. All panel boards shall be kept free from encumbrances
and shall be accessible at all times.
B.
Exceptions. The Building Official may request other repairs, alterations,
removal of and/or additional wiring, equipment, safety controls or
methods when he deems it necessary to assure safety to the occupants
or users. He may further modify the requirements of this section for
a particular location when, in his opinion, reasonable and adequate
safety is assured by a different but equally safe installation.
No person shall occupy as owner or occupant or let to another
for occupancy any structure or portion thereof which does not comply
with the following requirements: There shall be for each dwelling
unit and rooming unit a separate access either to a hallway, landing,
stairway or street.
No person shall occupy as owner or occupant or let to another
for occupancy any structure or portion thereof which does not comply
with the following requirements: All courts, yards or other areas
on the premises of each building shall be properly graded and drained.
No person shall occupy as owner or occupant or let to another
for occupancy any structure or portion thereof which does not comply
with the following requirements:
A.
Safe, continuous and unobstructed exit 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.
