Sec. 10-57. Light, ventilation and occupancy limitations.
   (a)   General.
      (1)   Scope. The provisions of this section shall govern the minimum conditions and standards for light, ventilation, and space for occupying a structure.
      (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 section.
      (3)   Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Florida Building Code shall be permitted.
   (b)   Light.
      (1)   Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8% of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.
      Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the floor area of the interior room or space, but not less than 25 square feet (2.33 mm). The exterior glazing area shall be based on the total floor area being served.
      (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 one footcandle (11 lux) at floors, landings and treads.
      (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.
   (c)   Ventilation.
      (1)   Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45% of the minimum glazed area required in Section 10-57(b)(1).
      Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the floor area of the interior room or space, but not less than 25 square feet (2.33 mm). The ventilation openings to the outdoors shall be based on a total floor area being ventilated.
      (2)   Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required above, 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.
      (3)   Cooking facilities. Unless approved through the certificate of occupancy, 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 the rooming unit or dormitory unit.
      Exceptions: 
         (a)   Cooking facilities may be located in a room otherwise prohibited by this section where the Building Official specifically approves such a location in writing.
         (b)   Devices such as coffee pots and microwave ovens shall not be considered cooking appliances.
      (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. Air shall be exhausted to the exterior and not be re-circulated to any space.
      (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.
   (d)   Occupancy limitations.
      (1)   Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
      (2)   Size of dwelling unit. The total square footage of all habitable rooms in a dwelling unit shall be no less than 150 square feet of floor area for the first occupant, and 100 square feet of floor area for each additional occupant.
      Exception: Dwelling units shall contain a greater floor area if required by the applicable building or zoning code provisions.
      (3)   Minimum room widths. A habitable room, other than a kitchen, shall not be less than seven feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (914 mm) between counter-fronts and appliances or counter-fronts and walls.
      (4)   Every sleeping room for one occupant shall have no less than 70 square feet of floor space, or 50 square feet of floor space per occupant, whichever is greater.
      (5)   Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet (2134 mm).
      Exceptions:
         a.   In one and two-family dwellings, beams, or girders spaced not less than four feet (1219 mm) on center and projecting not more than six inches (152 mm) below the required ceiling height.
         b.   Basement rooms in one and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six feet eight inches (2033 mm) with not less than six feet four inches (1932 mm) of clear height under beams, girders, ducts and similar obstructions.
         c.   Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven 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 five feet (1524 mm) or more shall be included.
      (6)   Bedroom and living room requirements. Every bedroom and living room shall comply with the following requirements:
         a.   Room area. Every living room shall contain at least 120 square feet (1 1.2 m2) and every bedroom shall contain at least 70 square feet (6.5 m2).
         b.   Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.
         Exception: This provision shall not apply to units that contain fewer than two bedrooms.
         c.   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.
         d.   Prohibited occupancy. Kitchens and non-habitable spaces shall not be used for sleeping purposes.
         e.   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 section; the plumbing facilities and water-heating facilities requirements of Section 4, the heating facilities and electrical receptacle requirements of Section 5; and the smoke detector and emergency escape requirements of Section 6.
      (7)   Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:
         a.   A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 m2). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items (d)(2) and (d)(3) above.
         b.   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.
         c.   The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower.
         d.   The maximum number of occupants shall be three.
      (8)   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.
(Ord. No. 08-031, § 3, 11-18-08)