§ 1490.06 HABITABLE FLOOR AREA OF THIRD FLOORS.
   The usable or acceptable habitable area of the third floor of a one, two or three-family dwelling structure shall be computed in accordance with the following rules, requirements and limitations.
   (a)   Where there are two separate approved stairways from the third floor to the ground, only 75% of the habitable floor area of the third floor may be used to compute compliance area for a family occupying the third floor, or may be included in the habitable floor area for a family occupying the second and third floors, or for a family occupying the whole house.
   (b)   Where there is only one approved stairway to the third floor, only 50% of the habitable floor area of the third floor may be used to compute compliance area for a family occupying the whole dwelling or for a family occupying a second floor flat having two means of egress as required in § 1486.02. A separate family shall not occupy such a third floor.
   (c)   No portion of the habitable floor area on the third floor shall be used to compute compliance with the requirements for a minimum habitable floor area for a family occupying the first floor of a two-family dwelling, sometimes called a two-family flat.
   (d)   No portion of the floor area on the third floor that is used for storage purposes shall be included in determining the habitable floor area.
   (e)   No portion of any room on the third floor which does not meet the requirements of this Code for habitable rooms shall be included in determining the habitable floor area of such third floor.
   (f)   The permissible portion of the habitable area of a third floor may not be shared by more than one family for compliance with the requirements for minimum habitable floor area.
(Ord. 1674, passed 5-6-1969)