1309.04 MINIMUM REQUIREMENTS; SPACE, AND LOCATION.
   (a)   Compliance Required. No person shall occupy as owner-occupant, or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements.
 
   (b)   Floor Space Per Dwelling Unit. No dwelling unit shall contain less than 600 square feet of floor space, except in multiple dwellings. In multiple dwellings, no dwelling unit shall contain less than 200 square feet of floor space. A dwelling unit in a multiple dwelling shall be used for not more than one occupant for the first 200 square feet of floor space, and at least 100 additional square feet of floor space shall be provided for every additional occupant. Floor space shall be calculated to include habitable rooms, bathrooms, water closet compartments, foyers, communicating corridors and closets.
   (c)   Floor and Air Space For Sleeping Rooms. In every dwelling unit of two or more habitable rooms, no room shall be used for sleeping purposes unless there are at least 400 cubic feet of air space per person, fifty square feet of floor space for each person twelve years of age or older and at least 200 cubic feet of air space and thirty-six square feet of floor space for each child under twelve years of age. No room used for sleeping purposes shall have a floor space of less than seventy square feet.
 
   (d)   Number of Persons Per Sleeping Room; Owner Responsibility. For the purpose of this section, any child under one years of age shall not be counted, and any child more than one year old but under eight years of age shall be deemed one-half person. It shall be the responsibility of the occupant or tenant to see that no room shall be used for sleeping purposes in which the occupancy shall exceed two and one half persons, except that sleeping rooms occupied by persons of the same sex or solely by children under the age of twelve years shall not be considered a violation where space permits such use.
   (e)   Width of Kitchen. Any habitable room other than a kitchen shall be not less than seven feet wide in at least ninety percent (90%) of the room.
 
   (f)   Ceiling Height; Computation. At least one half of the floor area of every habitable room shall have a ceiling height of at least seven feet, and the floor area of that part of any from where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of the determining the maximum permissible occupancy thereof.
   (g)   Access to Water Closets, Bathrooms. No multiple dwelling shall have rooms arranged in such a way that access to a bathroom or water closet compartment, intended for use by occupants of more than one dwelling unit, can be had only by going through another dwelling unit. No room arrangements shall be such that access to a sleeping room in one dwelling unit can be had only by going through another dwelling unit or through a bathroom or water closet compartment. No water closet compartments which because of their general condition or location are insanitary or otherwise dangerous to the health or safety of the occupants shall open directly into kitchens or rooms used for the preparation of food.
 
   (h)   Access to One Unit Through Another Prohibited. Access to a dwelling unit in a multiple dwelling shall be made without passing through any part of another dwelling unit.
 
   (i)   Cellar Space; Use. No cellar space shall be used as a habitable room or dwelling unit. Cellar space may, however, be used as a recreation room or workroom where it complies with subsection (j) and has adequate lighting, ventilation and means of egress as approved by the Housing Director.
   (j)   Basement Space, Conditional Use. No basement space shall be used as a habitable room or dwelling unit unless:
      (1)   The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness.
      (2)   The total window area in each room is equal to at least the minimum window area sizes as required by Section 1309.03(b).
      (3)   Such required window area is located entirely above the grade of the ground adjoining the window area.
      (4)   The total openable window area in each room is equal to at least the minimum as required under Section 1309.03(c) except where there is supplied some other device affording adequate ventilation and is approved by the Housing Director.
      (5)   The room or unit, and access thereto, are protected and separated from any adjacent heating, incinerating or other hazardous facilities.
   Basement space may, however, be used as a recreation room or workroom where it complies with subsection (j)(1) herein and has adequate lighting, ventilation and means of egress as approved by the Housing Director.
 
   (k)   Unobstructed Means of Ingress, Egress. Every dwelling unit shall have at least one interior, unobstructed means of egress and ingress leading to a safe and open space at ground level and to a public street or alley. Where there is more than one dwelling unit on a second story, or where there are more than two stories, a minimum of two approved exit ways serving every occupied story above or below the first story shall be provided.
(Ord. 41-1989. Passed 3-20-89.)