SECTION 101 TITLE, SCOPE AND PURPOSE
101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises.
101.3 Purpose. This code is intended to provide minimum requirements to safeguard public safety, health and general welfare insofar as they are affected by the occupancy and maintenance of structures and premises.
SECTION 102 APPLICABILITY
102.2 Other laws and regulations. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal laws and regulations.
102.3 Change of use or occupancy. No change shall be made in the use or occupancy of any structure that would place the structure in a different division of the same group or occupancy or in a different group of occupancies, unless such structure is made to comply with the requirements of the Existing Building Code of New York State.
102.4 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
102.5 Referenced standards. The standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced standards, the provisions of this code shall apply.
102.6 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the applicable procedures and provisions of the Residential Code of New York State, the Building Code of New York State , the Plumbing Code of New York State , the Mechanical Code of New York State , the Fuel Gas Code of New York State , the Fire Code of New York State , the Existing Building Code of New York State or the Energy Conservation Construction Code of New York State .
102.7 Partial invalidity. In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
102.8 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Fire Code of New York State or the Existing Building Code of New York State .
SECTION 103 MATERIALS, EQUIPMENT AND METHODS OF CONSTRUCTION
103.2 Used materials and equipment. Material, equipment and devices shall not be reused unless they meet the requirements of the Residential Code of New York State , the Building Code of New York State , the Plumbing Code of New York State , the Mechanical Code of New York State , the Fuel Gas Code of New York State , the Fire Code of New York State , the Existing Building Code of New York State, and the Energy Conservation Construction Code of New York State and this code for new materials.
103.3 Alternate materials, design and methods of construction
and equipment. This code is not intended to prevent the use of any material
or to prohibit any design or method of construction not specifically prescribed
by this code, provided that any such alternative has been approved by the code
enforcement official or the State Fire Prevention and Building Code Council.
An alternative material, design or method of construction may only be approved when it is determined to comply with the intent of the provisions of this code and be at least equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
103.4 Safeguards during construction. All construction work covered in this code, including any demolition, shall comply with the requirements of the Fire Code of New York State and Chapter 33 of the Building Code of New York State .
103.5 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with this code and the manufacturer's installation instructions.
SECTION 104 SERVICE UTILITIES
104.2 Temporary power. Temporary power shall comply with the requirements of Chapter 27 of the Building Code of New York State.
SECTION 105 TEMPORARY STRUCTURES
SECTION 106 MAINTENANCE OF EQUIPMENT AND SYSTEMS
106.2 Existing nonrequired equipment and systems. Whenever
or wherever any nonrequired device, equipment, system, condition, arrangement,
level of protection or any other feature is provided, such device, equipment,
system, condition, arrangement, level of protection or other feature shall
thereafter be continuously maintained in accordance with this code and
applicable referenced standards.
Exception: Nonrequired devices, equipment and systems are permitted to be removed or disabled as provided herein.
1. Nonrequired devices, equipment and systems are permitted to be removed in entirety;
2. Nonrequired devices, equipment and systems are permitted to be disabled, provided that all visible elements are removed;
3. Electrically charged devices, equipment and systems are permitted to be disabled, provided that they are disconnected from power sources and all visible elements are labeled as not being energized; and
4. Nonrequired fire protection systems are permitted to be disabled, provided that sprinkler heads, exposed valves, fire department connections, initiating and notification devices and similar equipment are removed, and any remaining visible components are labeled as not being in service.
SECTION 107 UNSAFE STRUCTURES AND EQUIPMENT
107.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
107.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
107.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
107.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.
107.2 Vacant structures. Vacant structures shall comply with Sections F311.1 through F311.4 of the Fire Code of New York State.
107.3 Notice. Whenever a structure or equipment has been condemned under the provisions of this section, a notice shall be posted in a conspicuous place in or about the structure affected by such notice. If the notice pertains to equipment, it shall also be placed on the condemned equipment.
107.4 Prohibited occupancy. No person shall occupy a placarded premises or shall operate placarded equipment.
107.5 Placard removal. The placard shall be removed whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
SECTION 108 EMERGENCY MEASURES
SECTION 109 ADMINISTRATION AND ENFORCEMENT
109.2 Modification. No town, village, city or county, nor any state agency charged with the administration and enforcement of this code may waive, modify or otherwise alter any provision of this code unless approved by the State Fire Prevention and Building Code Council in accordance with Section 379 of Article 18 of the Executive Law.
109.3 Application for variance or appeal. Variance or appeal of any provision of this code shall be in accordance with the provisions of the "Official Compilation of Codes, Rules and Regulations of the State of New York," 19 NYCRR Part 1205, "Variance Procedures."
SECTION 301 GENERAL
301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
SECTION 302 EXTERIOR PROPERTY AREAS
302.2 Grading and drainage. All premises shall be graded and
maintained to prevent the erosion of soil and to prevent the accumulation of
stagnant water thereon, or within any structure located thereon.
Exception: Approved retention areas and reservoirs.
302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
302.3.1 Off Street Parking Lots. Whenever a person, firm or corporation performs the following work in an off street parking lot, within a six month period of time, the design of designated handicap parking shall be in accordance with the requirements of the Building Code of New York State Section 1106 and the design features found in this section.
1. Repave or repaint more than one half of the total number of parking spaces in an off street parking lot, which contains designated handicapped parking spaces.
2. Creates designated handicapped parking spaces in an off street parking lot.
3. Repave or repaint more than one half of the total
number of designated handicapped parking spaces in an off street parking
Designated Handicap Parking Spaces shall incorporate the following design feature:
The parking space shall be 96 inches (2438 mm) wide minimum and shall have an adjacent access aisle of 96 inches (2438 mm) wide minimum.
Two parking spaces shall be permitted to share a common access aisle.
Access aisle shall extend the full length of the parking space they serve and shall have a surface slope not steeper than 1:48.
Each accessible parking space shall be provided with signage displaying the international symbol of accessibility.
Each access aisle shall be provided with signage reading, "No Parking Anytime." Signs shall be permanently installed at a clear height of between 60 inches (1,525 mm) and 84 inches (2,185 mm) above grade and shall not interfere with an accessible route from an access aisle.
302.4 Weeds. All premises and immediate exterior property shall be maintained free from weeds or plant growth in excess of 10 inches (254 mm). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.
302.5 Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
302.7 Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
302.8 Motor vehicles. Except as otherwise provided for in
statute or other regulations, two or more inoperative or unlicensed motor
vehicles shall not be parked, kept or stored on any premises, and no vehicle
shall at any time be in a state of major disassembly, disrepair, or in the
process of being stripped or dismantled. Painting of vehicles is prohibited
unless conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS
303.2 Enclosures. The provisions of this section shall control the design of barriers for residential swimming pools, spas and hot tubs. For public swimming pools, spas and hot tubs refer to Chapter 31 of the Building Code of New York State . Design controls are intended to provide protection against potential drownings and near-drownings by restricting access to swimming pools, spas and hot tubs.[B]
303.3 Outdoor swimming pool. An outdoor swimming pool, including an in-ground, aboveground or on-ground pool, hot tub or spa shall be provided with a barrier which shall comply with the following:
1. The top of the barrier shall be at least 48 inches (1219 mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches (102 mm).
2. Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere.
3. Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
4. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1.75 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches (44 mm) in width.
5. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall not exceed 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches (44 mm) in width.
6. Maximum mesh size for chain link fences shall be a 2.25-inch (32 mm) square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1.75 inches (44 mm).
7. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than 1.75 inches (44 mm).
8. Access gates shall comply with the requirements of Section 303.3 Items 1 through 7, and shall be securely locked with a key, combination or other child-proof lock sufficient to prevent access to the swimming pool through such gate when the swimming pool is not in use or supervised. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches (1372 mm) from the bottom of the gate, the release mechanism and openings shall comply with the following:
8.1. The release mechanism shall be located on the pool side of the gate at least 3 inches (76 mm) below the top of the gate, and
8.2. The gate and barrier shall have no opening greater than 0.5 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism.
9. Where a wall of a dwelling serves as part of the barrier one of the following conditions shall be met:
9.1. The pool shall be equipped with a powered safety cover in compliance with ASTM F1346; or
9.2. All doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The alarm shall sound continuously for a minimum of 30 seconds immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as touchpad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for not more than 15 seconds. The deactivation switch(es) shall be located at least 54 inches (1372 mm) above the threshold of the door; or
9.3. Other means of protection, such as self-closing doors with self-latching devices, which are approved by the governing body, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by Item 9.1 or 9.2 described above.
10. Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then:
10.1. The ladder or steps shall be capable of being secured, locked or removed to prevent access, or
10.2. The ladder or steps shall be surrounded by a barrier which meets the requirements of Section 303.3 Items 1 through 9. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere.
303.4 Indoor swimming pool. All walls surrounding an indoor swimming pool shall comply with Section 303.3 Item 9.
303.5 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.
303.6 Barrier exceptions.Spas or hot tubs with a safety cover which complies with ASTM F 1346, shall be exempt from the provisions of this section.[B]
SECTION 304 EXTERIOR STRUCTURE
304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).[F]
304.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
304.5 Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
304.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
304.9 Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.
304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes.
304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
304.15 Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3.
304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
304.17 Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.
SECTION 305 INTERIOR STRUCTURE
305.2 Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.
305.3 Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.
SECTION 306 HANDRAILS AND GUARDRAILS
SECTION 307 RUBBISH AND GARBAGE
307.1.1 Dry vegetation, combustible waste and refuse. Combustible waste, refuse and large quantities of dry vegetation which by reason of their proximity to buildings or structures would constitute a fire hazard or contribute to the spread of fire shall be removed.
307.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.
307.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.
307.2.2 Refrigerators. Refrigerators and similar equipment shall not be discarded, abandoned or stored on premises accessible to children without first removing the doors.
307.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.
307.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container.
307.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.
SECTION 308 EXTERMINATION
308.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.
308.3 Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.
308.4 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination.
308.5 Occupant. The occupant of any structure shall be
responsible for the continued rodent and pest-free condition of the structure.
Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination.
LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
SECTION 401 GENERAL
401.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter.
401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Residential Code of New York State or the Building Code of New York State shall be permitted.
SECTION 402 LIGHT
402.2 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 200 square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 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 1 footcandle (11 lux) at floors, landings and treads.
402.3 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.
SECTION 403 VENTILATION
403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, 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.
403.3 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.
Exception: Devices such as coffeepots and microwave ovens shall not be considered cooking appliances.
403.4 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.
403.5 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.
SECTION 404 OCCUPANCY LIMITATIONS
404.2 Minimum room widths. A habitable room, other than a
kitchen, shall not be less than 7 feet (2134 mm) in any plan dimension. Kitchens
shall have a clear passageway of not less than 3 feet (914 mm) between
counterfronts and appliances or counterfronts and walls.
1. Manufactured housing regulated in the Residential Code of New York State shall be permitted to retain room dimensions provided for at time of manufacture.
2. Spaces legally in existence before January 1, 2003, and spaces for which a variance has been legally granted shall be allowed to be occupied.
404.3 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 7 feet (2134 mm).
1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting not more than 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 6 feet 8 inches (2033 mm) with not less than 6 feet 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 7 feet (2134 mm) over not less than one-third 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 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 6 feet 8 inches.
404.4 Bedroom requirements. Every bedroom shall comply with the requirements of Sections 404.4.1 through 404.4.5.
404.4.1 Area for sleeping purposes. Every bedroom occupied by one person shall contain at least 70 square feet (6.5 m
404.4.2 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
Exception: Units that contain fewer than two bedrooms.
404.4.3 Water closet accessibility. Every bedroom
shall have access to at least one water closet and one lavatory without
passing through another bedroom. Every bedroom in a dwelling unit shall
have access to at least one water closet and lavatory located in the
same story as the bedroom or an adjacent story.
Exception: Owner-occupied, one-family dwellings.
404.4.4 Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes.
404.4.5 Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of Chapter 5; the heating facilities and electrical receptacle requirements of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7.
404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5.
MINIMUM AREA IN SQUARE FEET
6 or more
Shall comply with Section 404.4
For SI: 1 square foot = 0.093 m2.
a. See Section 404.5.2 for combined living room/dining room spaces.
b. See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes.
404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with Section 404.4.
404.5.2 Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 404.5 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.
404.6 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 occupants shall have a clear floor area of not less than 220 square feet (20.4 m
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 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.
3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
4. The maximum number of occupants shall be three.
404.7 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.
PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
SECTION 501 GENERAL
501.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this chapter.
SECTION 502 REQUIRED FACILITIES [P]
502.2 Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.
502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants.
502.4 Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees.
502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.
SECTION 503 TOILET ROOMS [P]
503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway.
503.3 Location of employee toilet facilities. Toilet
facilities shall have access from within the employees' working area. The
required toilet facilities shall be located not more than one story above or
below the employees' working area and the path of travel to such facilities
shall not exceed a distance of 500 feet (152 m). Employee facilities shall
either be separate facilities or combined employee and public facilities.
Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities.
503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.
SECTION 504 PLUMBING SYSTEMS AND FIXTURES [P]
504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning.
504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the defects shall be corrected to eliminate the hazard.
SECTION 505 WATER SYSTEM
505.2 Contamination.The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.[P]
505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110°F (43°C) where hot water is required. A fuel-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.
SECTION 506 SANITARY DRAINAGE SYSTEM [P]
506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.
SECTION 507 STORM DRAINAGE [P]
MECHANICAL AND ELECTRICAL REQUIREMENTS
SECTION 601 GENERAL
601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter.
SECTION 602 HEATING FACILITIES
602.2 Residential occupancies. Dwellings shall be provided
with heating facilities capable of maintaining a room temperature of 68°F (20°C)
in all habitable rooms, bathrooms and toilet rooms based on the winter design
dry-bulb temperature for the locality indicated in the Energy Conservation
Construction Code of New York State . Cooking appliances shall not be used
to provide space heating to meet the requirements of this section.
Exception: Owner-occupied, one-family dwellings.
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 15th to May 31st to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.
1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required, provided that the heating system is operating at its full design capacity. The winter design dry-bulb temperature for the locality shall be as indicated in the Energy Conservation Construction Code of New York State .
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from September 15th to May 31st to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied.
1. Processing, storage and operation areas that require cooling or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
602.5 Occupiable public spaces. Indoor public spaces shall be supplied with heat during the period from September 15th to May 31st to maintain a temperature of not less than 68° F (20° C) in accordance with the Building Code of New York State during the period the spaces are occupied.
602.6 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall.
SECTION 603 MECHANICAL EQUIPMENT
603.2 Removal of combustion products. All fuel-burning
equipment and appliances shall be connected to an approved chimney or vent.
Exception: Fuel-burning equipment and appliances which are labeled for unvented operation.
603.3 Clearances. All required clearances to combustible materials shall be maintained.
603.4 Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation.
603.5 Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.
603.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved.
SECTION 604 ELECTRICAL FACILITIES
604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with Chapter 27 of the Building Code of New York State .
604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the defects shall be corrected to eliminate the hazard.
SECTION 605 ELECTRICAL EQUIPMENT
605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection.
605.3 Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture.
SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS
606.1.1 Elevators, dumbwaiters, escalators and platform lifts shall be maintained and meet schedule of inspections in accord with Building Code of New York State Section 3001, and Appendix N, Table-1 of ASME A17.1 and ASME A18.1.
606.2 Elevators. In buildings equipped with passenger
elevators, at least one elevator shall be maintained in operation at all times
when the building is occupied.
Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.
SECTION 607 DUCT SYSTEMS
SECTION 608 ASSISTIVE LISTENING SYSTEMS
SECTION 609 CARBON MONOXIDE DETECTORS
FIRE SAFETY REQUIRMENTS
SECTION 701 GENERAL
701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this chapter.
SECTION 702 MEANS OF EGRESS [F]
702.2 Aisles. The required width of aisles in accordance with the Fire Code of New York State shall be unobstructed.[F]
702.3 Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the Fire Code of New York State .[F]
702.4 Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings, provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening.
SECTION 703 FIRE-RESISTANCE RATINGS [F]
703.2 Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable.
SECTION 704 FIRE PROTECTION SYSTEMS [F]
704.2 Smoke alarms. Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of the following locations:
1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
2. In each room used for sleeping purposes.
3. In each story within a dwelling unit, including
basements and cellars but not including crawl spaces and uninhabitable
attics. In dwellings or dwelling units with split levels and without an
intervening door between the adjacent levels, a smoke alarm installed on
the upper level shall suffice for the adjacent lower level, provided
that the lower level is less than one full story below the upper level.
Single or multiple-station smoke alarms shall be installed in other groups in accordance with the Fire Code of New York State .
704.3 Power source. In Group R occupancies and in dwellings
not regulated as Group R occupancies, single-station smoke alarms shall receive
their primary power from the building wiring, provided that such wiring is
served from a commercial source and shall be equipped with a battery backup.
Smoke alarms shall emit a signal when the batteries are low. Wiring shall be
permanent and without a disconnecting switch other than as required for
Exception: Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place, buildings that are not served from a commercial power source and in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes.
704.4 Interconnection. Where more than one smoke alarm is
required to be installed within an individual dwelling unit in Group R-2, R-3,
R-4 and in dwellings not regulated as Group R occupancies, the smoke alarms
shall be interconnected in such a manner that the activation of one alarm will
activate all of the alarms in the individual unit. The alarm shall be clearly
audible in all bedrooms over background noise levels with all intervening doors
1. Interconnection is not required in buildings which are not undergoing alterations, repairs or construction of any kind.
2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for interconnection without the removal of interior finishes.