§ 100.39  OCCUPANCY REQUIREMENTS.
   (A)   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.
   (B)   Minimum room widths.
      (1)   A habitable room, other than a kitchen, shall be a minimum of seven feet in any plan dimension. Kitchens shall have a minimum clear passageway of three feet between counter fronts and appliances or counter fronts and walls.
      (2)   Exception. Buildings or portions of buildings, including rooms, that comply with the rules of the Commission.
   (C)   Minimum ceiling heights.
      (1)   Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of seven feet.
      (2)   Exceptions.
         (a)   In one- and two-family dwellings, beams or girders spaced a minimum of four feet on center and projecting a maximum of six inches below the required ceiling height;
         (b)   Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of six feet eight inches with a minimum clear height of six feet four inches 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, shall have a minimum clear ceiling height of seven feet over a minimum of 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 minimum clear ceiling height of five feet shall be included.
         (d)   Buildings or portions of buildings including rooms, that comply with the rules of the Commission.
   (D)   Bedroom and living room requirements. Every bedroom and living room shall comply with the following requirements:
      (1)   Room area. Every living room shall contain at least 120 square feet and every bedroom shall contain a minimum of 70 square feet and every bedroom occupied by more than one person shall contain a minimum of 50 square feet of floor area for each occupant thereof.
      (2)   Access from bedrooms.
         (a)   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.
         (b)   Exceptions.
            1.   Units that contain fewer than two bedrooms.
            2.   Buildings or portions of buildings, including rooms, that comply with the rules of the Commission.
      (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.
      (4)   Prohibited occupancy. Kitchens and non-habitable spaces shall not be used for sleeping purposes.
      (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 §§ 100.45 through 100.52; the heating facilities and electrical receptacle requirements of §§ 100.60 through 100.64; and the smoke detector and emergency escape requirements of §§ 100.70 through 100.76.
   (E)   Overcrowding.
      (1)   (a)   Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of the Table appearing below, except as permitted by the rules of the Commission.
 
TABLE 405.5
MINIMUM OCCUPANCY AREA REQUIREMENTS TABLE
Space Minimum Occupancy area in square feet
1-2 Occupants
2-5 Occupants
6 or More Occupants
Living Room
No requirements
120
150
Dining Room
No requirements
80
100
Kitchen
50
50
60
 
         (b)   Exceptions. Buildings, portions of buildings or rooms that comply with the rules of the Commission.
      (2)   Sleeping area. The minimum occupancy area required by Table 405.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with this division (E).
      (3)   Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 405.5 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.
   (F)   Efficiency unit.
      (1)   Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:
         (a)   A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet. A unit occupied by not more than two occupants shall have a minimum clear floor area of 220 square feet. A unit occupied by three occupants shall have a minimum clear floor area of 320 square feet. These required areas shall be exclusive of the areas required by division (F)(1)(b) and (c) below.
         (b)   The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches 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.
      (2)   Exceptions. Buildings or portions of buildings, including rooms, that comply with the rules of the Commission.
   (G)   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. CO-96-08, passed 9-23-96; Am. Ord. CO-01-5, passed 3-26-01; Am. Ord. 06-2, passed 7-13-06; Am. Ord. 14-20, passed 12-22-14)