A. General:
1. Scope: The provisions of this chapter 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. An owner or manager shall not permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter.
3. Alternative Devices: In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the building code shall be permitted.
B. Light:
1. Habitable Spaces: Every habitable room in a dwelling unit shall have a window area open to the outside equal to eight percent (8%) of the room's floor area with a minimum of eight (8) square feet (15 percent if the window is a skylight). Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet (3') (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 eight percent (8%) of the floor area of the interior room or space, but not less than twenty five (25) square feet (2.33 m2). 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 sixty (60) watt standard incandescent light bulb for each two hundred (200) square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than thirty feet (30') (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 foot-candle (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 forty five percent (45%) of the minimum glazed area required in subsection A of this section.
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 eight percent (8%) of the floor area of the interior room or space, but not less than twenty five (25) square feet (2.33 m2). 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 by subsection A of this section, 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, and a cooking facility or appliance shall not be permitted to be present in a rooming unit.
Exception: Where specifically approved in writing by the code official.
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 recirculated to any space.
5. Clothes Dryer Exhaust: Any dryer shall be vented to the outside of the building and maintained in safe and proper condition. Dryer vents shall be in compliance with the mechanical code and shall be made of rigid metal and have smooth interior surfaces.
Exception: Metal flexible duct connectors of less than six feet (6') may be used. These can not be concealed in or through construction.
D. Occupancy Limitations:
1. Privacy: Dwelling units and rooming units shall be arranged to provide privacy and be separate from other adjoining spaces.
2. Minimum Room Widths: A habitable room, other than a kitchen, shall not be less than seven feet (7') (2134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (3') (914 mm) between counterfronts and appliances or counterfronts and walls.
3. 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 (7').
Exceptions:
a. In one- and two-family dwellings, beams or girders spaced not less than four feet (4') (1219 mm) on center and projecting not more than six inches (6") (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 (6'8") (2033 mm) with not less than six feet four inches (6'4") (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 (7') over not less than one-third (1/3) 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 (5') (1524 mm) or more shall be included.
4. Bedroom Requirements: Every bedroom shall comply with the requirements of subsections D4a through D4e of this section.
a. Area For Sleeping Purposes: Every bedroom occupied by one person shall contain at least seventy (70) square feet (6.5 m2) of floor area, and every bedroom occupied by more than one person shall contain at least fifty (50) square feet (4.6 m2) of floor area for each occupant thereof.
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: Units that contain fewer than two (2) 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 nonhabitable spaces shall not be used for sleeping purposes.
e. Other Requirements: Bedrooms shall comply with the applicable provisions of this chapter 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 section 9-2-5 of this chapter; the heating facilities and electrical receptacle requirements of section 9-2-6 of this chapter; and the smoke detector and emergency escape requirements of section 9-2-7 of this chapter.
5. Overcrowding: Dwelling units shall not be occupied by more occupants than permitted by the definition of "family" in section 10-2-1 of this code.
6. 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 (2) occupants shall have a clear floor area of not less than two hundred twenty (220) square feet (20.4 m2). A unit occupied by three (3) occupants shall have a clear floor area of not less than three hundred twenty (320) square feet (29.7 m2). These required areas shall be exclusive of the areas required by subsections D6b and D6c of this section.
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 thirty inches (30") (762 mm) in front. Light and ventilation conforming to this chapter 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 (3).
7. 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.
E. Basements:
1. No basement may be considered habitable unless written verification is provided for proper drainage, proper waterproof condition, proper sanitation, and compliance with housing and life safety requirements.
2. No basement may be considered habitable unless it meets minimum window area and ventilation requirements. Such windows shall meet the requirements cited by the international building code adopted by the state of Minnesota and the city of Moorhead. (Ord. 2004-28, 10-18-2004)