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No floor area in any dwelling unit or part thereof shall be considered as constituting “habitable floor area” and no owner, operator or agent shall occupy, maintain or lease or offer for rental or lease any dwelling or dwelling unit unless such floor area thereof meets at least the following minimum standards:
(a) Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant thereof and at least 100 additional square feet of habitable floor area for every additional occupant thereof, but in no case shall any dwelling unit contain less than the minimum number of square feet of habitable floor area as required by other provisions of this Code.
(b) In every dwelling unit, every room occupied for sleeping purposes by one occupant shall contain at least seventy square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least fifty square feet of floor space for each occupant thereof.
(c) No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can occur only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can occur only by going through another sleeping room or bathroom or water closet compartment. All bedrooms and bathrooms shall be provided with doors to provide privacy to the occupant(s) thereof.
(d) At least two-thirds of the floor area of every habitable room shall have a ceiling of at least seven feet six inches; and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as habitable floor area in computing the total habitable floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
(e) No cellar space shall be used as a habitable room or dwelling unit unless it conforms to all of the following standards in addition to all other requirements to this Code for habitable rooms:
(1) The room shall have been, prior to the effective date of this Code, originally designed and constructed, or legally converted to use as a habitable room;
(2) The floors and walls are impervious to leakage or seepage of water into the habitable space and are insulated against dampness;
(3) The total window area required to be open in each room is equal to the minimum window area as required in Section 1306.17(a); and
(4) The total window area required to be open in each room is equal to the minimum required under Section 1306.17(b), except where there is supplied some other device affording adequate ventilation and approved by the Building Commissioner. (Ord. 68-97. Passed 4-20-
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98.)
No basement space shall be occupied as a habitable room unless it conforms to all of the following standards, in addition to all other requirements of this Code for habitable rooms:
(a) The rooms shall have been, prior to the effective date of this Code, originally designed and constructed, or legally converted to use as a habitable room.
(b) The floors and walls are impervious to leakage or seepage of water into the habitable space and are insulated against dampness.
(c) The total window area in each room is equal to the minimum window area as required in Section 1306.17(a).
(d) Such required minimum window area shall be located entirely above the grade of the ground adjoining such window area; provided, however, that such window openings may face upon an area way or window well where the width of such well, measured perpendicularly to the building wall at such opening, is not less than the distance from the bottom of the window to the finished grade at such window, and
(e) The total window area required to be open in each room is equal to at least the minimum as required under Section 1306.17(b), except where there is supplied some other devices affording adequate ventilation and approved by the Building Commissioner. (Ord. 68-97. Passed 4-20-1998.)
No owner, operator or agent shall occupy, maintain or lease or offer for rental or lease any dwelling or dwelling unit which does not comply with the following requirements:
(a) Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area measured between stops, for every habitable room, shall be ten percent (10%) of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light-obstructing structures are located less than three feet from the window and extended to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total area of such skylight shall equal at least fifteen percent (15%) of the total floor area of such room.
(b) Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total window area required to be open in every habitable room shall be equal to at least forty-five percent (45%) of the minimum window size as required in subsection (a) hereof, except where there is supplied some other device affording adequate ventilation and approved by the Building Commissioner.
(c) Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in subsections (a) and (b) hereof, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilating system which is kept in continuous operation and is approved by the Building Commissioner.
(Ord. 68-97. Passed 4-20-1998.)
Every dwelling unit and business establishment shall have heating facilities which are properly installed, maintained in a safe and good working condition and capable of safely and adequately heating all occupiable and habitable rooms, to a temperature of not less than seventy degrees (700) Fahrenheit, at a distance of three feet above floor level, throughout the year without forcing the facilities to operate in excess of their designed capacity.
(Ord. 68-97. Passed 4-20-1998.)
(a) Whenever the exterior temperature falls below fifty degrees (50o) Fahrenheit it shall be the duty of every person who has contracted or undertaken, or shall otherwise be bound to heat or to furnish heat for any building or portion thereof, occupied as a home or a place of residence of one or more persons, or as a business establishment where one or more persons are employed, to heat, or to furnish heat for every occupied room in such building, or portion thereof, so that a minimum temperature of seventy degrees (70o) Fahrenheit is maintained therein at all such times when so occupied between the hours of 6:00 a.m. and 12:00 midnight and so that a minimum temperature of sixty-five degrees (65o) Fahrenheit is maintained therein at all times when occupied between the hours of 12:00 midnight and 6:00 a.m.
Exceptions:
(1) Processing, storage and operation areas that require cooling or special temperature conditions.
(2) Areas in which persons are primarily engaged in vigorous physical activity.
(b) Whenever a building is heated by means of a furnace, boiler or other apparatus under the control of the owner, agent or lessee of such building, such owner, agent or lessee, in the absence of a written or verbal contract or agreement to the contrary, shall be deemed to have contracted, undertaken or bound himself or herself to furnish heat in accordance with the provisions of this section. However, nothing herein contained shall apply to buildings or portions thereof used and occupied by trades, businesses or occupations where high or low temperatures are essential or unavoidable.
(Ord. 68-97. Passed 4-20-1998.)
Every appliance or piece of equipment burning solid, liquid or gaseous fuel, where permitted, shall be connected to an approved smoke pipe and flue. However, any appliance approved for use without such connections is exempted from the requirements of this section.
(Ord. 68-97. Passed 4-20-1998.)
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