No person shall occupy as owner, occupant, or let to another for occupancy, a dwelling or dwelling unit for the purpose of living therein, which does not comply with the requirements of this section.
(A) Every habitable room shall have at least one window or skylight facing outdoors, provided that if connected to a room or area used seasonally (for example, a porch), then adequate daylight must be possible through this interconnection. The minimum total window or skylight area, measured between stops, for every habitable room, shall be at least 10% of the floor area of the room, but if light-obstructing structures are located less than three feet from the window and extend to face directly to the outdoors, these shall not be included as contributing to the required minimum total window area.
(B) (1) Every habitable room shall have at least one window or skylight facing directly outdoors which can be opened easily, or other device as will ventilate the room adequately, provided that if connected to a room or area used seasonally, then adequate ventilation must be possible through this interconnection. The total of operable window or skylight area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight type window size, as required in division (A) above, except where there is supplied some other device affording adequate ventilation and approved by the town.
(2) When facilities for interior climate control (heating, cooling, and/or humidity) are integral functions of structures containing dwelling units or rooming units, the facilities shall be maintained and operated in a continuous manner and in accordance with the designed capacity of the installed equipment. During instances when the integral equipment is inoperative because of power or mechanical failure, alternative provisions for fresh air ventilation of each dwelling or rooming unit shall be provided.
(C) Every bathroom and water closet compartment, and nonhabitable room used for food preparation shall comply with the light and ventilation requirement for habitable rooms contained in divisions (A) and (B) above, except that no window or skylight shall be required in the rooms if they are equipped with a ventilation system in working condition, which is approved by the appropriate authority.
(1995 Code, § 151.038) Penalty, see § 151.999