The provisions of this chapter shall govern ventilation, temperature control, lighting, yards and courts, sound transmission, room dimensions, surrounding materials and rodent proofing associated with the interior spaces of buildings.
The following terms are defined in Chapter 2:
HABITABLE SPACE.
KITCHEN.
KITCHENETTE.
OCCUPIABLE SPACE.
SUNROOM.
THERMAL ISOLATION.
HABITABLE SPACE.
KITCHEN.
KITCHENETTE.
OCCUPIABLE SPACE.
SUNROOM.
THERMAL ISOLATION.
Buildings shall be provided with ventilation in accordance with Section 1203.5 of this code and the New York City Mechanical Code.
Enclosed attics and enclosed rafter spaces formed where ceilings are applied directly to the underside of roof framing members shall have cross ventilation for each separate space by ventilation openings protected against the entrance of rain and snow. Blocking and bridging shall be arranged so as not to interfere with the movement of air. An airspace of not less than 1 inch (25.4 mm) shall be provided between the insulation and the roof sheathing. The net free ventilating area shall be not less than 1/150 of the area of the space ventilated. Ventilators shall be installed in accordance with the manufacturer's instructions.
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Exterior openings into the attic space of any building intended for human occupancy shall be protected to prevent the entry of birds, squirrels, rodents, snakes and other similar creatures. Openings for ventilation having a least dimension of not less than 1/16 inch (1.6 mm) and not more than 1/4 inch (6.4 mm) shall be permitted. Openings for ventilation having a least dimension larger than 1/4 inch (6.4 mm) shall be provided with corrosion-resistant wire cloth screening, hardware cloth, perforated vinyl or similar material with openings having a least dimension of not less than 1/16 inch (1.6 mm) and not more than 1/4 inch (6.4 mm). Where combustion air is obtained from an attic area, it shall be in accordance with Chapter 7 of the New York City Mechanical Code.
Unvented attics and unvented enclosed roof framing assemblies created by ceilings applied directly to the underside of the roof framing members/rafters and the structural roof sheathing at the top of the roof framing members shall be permitted where all the following conditions are met:
- The unvented attic space is completely within the building thermal envelope.
- No interior Class I vapor retarders are installed on the ceiling side (attic floor) of the unvented attic assembly or on the ceiling side of the unvented enclosed roof framing assembly.
- Where wood shingles or shakes are used, a minimum 1/4-inch (6.4 mm) vented airspace separates the shingles or shakes and the roofing underlayment above the structural sheathing.
- Insulation shall be located in accordance with the following:
- Item 4.1.1, 4.1.2, 4.1.3 or 4.1.4 shall be met, depending on the air permeability of the insulation directly under the structural roof sheathing.
- Where only air-impermeable insulation is provided, it shall be applied in direct contact with the underside of the structural roof sheathing.
- Where air-permeable insulation is provided inside the building thermal envelope, it shall be installed in accordance with Item 4.1. In addition to the air-permeable insulation installed directly below the structural sheathing, rigid board or sheet insulation shall be installed directly above the structural roof sheathing in accordance with the R values in Table 1203.3 for condensation control.
- Where both air-impermeable and air-permeable insulation are provided, the air-impermeable insulation shall be applied in direct contact with the underside of the structural roof sheathing in accordance with Item 4.1.1 and shall be in accordance with the R values in Table 1203.3 for condensation control. The air-permeable insulation shall be installed directly under the air-impermeable insulation.
- Alternatively, sufficient rigid board or sheet insulation shall be installed directly above the structural roof sheathing to maintain the monthly average temperature of the underside of the structural roof sheathing above 45°F (7°C). For calculation purposes, an interior air temperature of 68°F (20°C) is assumed and the exterior air temperature is assumed to be the monthly average outside air temperature of the three coldest months.
- Where preformed insulation board is used as the air-permeable insulation layer, it shall be sealed at the perimeter of each individual sheet interior surface to form a continuous layer.
- Item 4.1.1, 4.1.2, 4.1.3 or 4.1.4 shall be met, depending on the air permeability of the insulation directly under the structural roof sheathing.
Exception: Section 1203.3 does not apply to special use structures or enclosures such as swimming pool enclosures, data processing centers, hospitals or art galleries.
| CLIMATE ZONE | MINIMUM R-VALUE OF AIR-IMPERMEABLE INSULATIONa |
| 2B and 3B tile roof only | 0 (none required) |
| 1, 2A, 2B, 3A, 3B, 3C | R-5 |
| 4C | R-10 |
| 4A, 4B | R-15 |
| 5 | R-20 |
| 6 | R-25 |
| 7 | R-30 |
| 8 | R-35 |
- Contributes to, but does not supersede, thermal resistance requirements for attic and roof assemblies in the New York City Energy Conservation Code.
The space between the bottom of the floor joists and the surface under any building except spaces occupied by basements or cellars shall be provided with ventilation openings through foundation walls or exterior walls. Such openings shall be placed so as to provide cross ventilation of the under-floor space.
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The net area of ventilation openings shall be not less than 1 square foot for each 150 square feet (304.8 mm2 for each 45 720 mm2) of crawl space area. Ventilation openings shall be covered for their height and width with any of the following materials, provided that the least dimension of the covering shall be not greater than 1/4 inch (6.4 mm):
- Perforated sheet metal plates not less than 0.070 inch (1.8 mm) thick.
- Expanded sheet metal plates not less than 0.047 inch (1.2 mm) thick.
- Cast-iron grilles or gratings.
- Extruded load-bearing vents.
- Hardware cloth of 0.035 inch (0.89 mm) wire or heavier.
- Corrosion-resistant wire mesh, with the least dimension not greater than 1/8 inch (3.2 mm).
The following are exceptions to Sections 1203.4 and 1203.4.1:
- Where warranted by climatic conditions, ventilation openings to the outdoors are not required if ventilation openings to the interior are provided.
- The total area of ventilation openings is permitted to be reduced to 1/1,500 of the under-floor area where the ground surface is covered with a Class I vapor retarder material and the required openings are placed so as to provide cross ventilation of the space. The installation of operable louvers, in accordance with Section 1203.4.1, shall not be prohibited.
- Ventilation openings are not required where continuously operated mechanical ventilation is provided at a rate of 1.0 cubic foot per minute (cfm) for each 50 square feet (1.02 L/s for each 10 m2) of crawl space floor area and the ground surface is covered with a Class I vapor retarder.
- Ventilation openings are not required where the ground surface is covered with a Class I vapor retarder, the perimeter walls are insulated and the space is conditioned in accordance with the New York City Energy Conservation Code.
- Openings for under-floor ventilation for buildings in flood hazard areas shall also comply with the additional requirements of Appendix G.
Natural ventilation of occupiable and habitable space shall be through openings to the outdoors. The openings shall be of a type permitted under Sections 1203.5.1.1, 1203.5.1.2, 1203.5.1.3 and 1203.5.1.4. The operating mechanism for such openings shall be provided with ready access so that the openings are readily controllable by the building occupants.
Exception:
An opening providing the required dimensional operable area shall be permitted to be reduced by limiting devices in accordance with the New York City Health Code, provided that the owner shall remove such limiting devices where requested by the occupant. In such cases, where required by the New York City Health Code, alternative means of compliance shall be provided in accordance with the New York City Health Code.
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Where occupiable spaces are not required to be provided with mechanical ventilation in accordance with the New York City Mechanical Code, natural ventilation shall be provided in accordance with Section 1203.5.1.1. Openings providing required natural ventilation to occupiable spaces shall be windows, doors, louvers, skylights or other similar ventilating openings.
Exceptions:
- Bathrooms and toilet rooms in Group R or I-1 occupancies shall comply with Section 1203.5.1.3.
- Kitchenettes in Group R or I-1 occupancies shall comply with Section 1203.5.1.4.
The minimum openable area to the outdoors shall be 4 percent of the floor area of the occupiable space being ventilated.
Where occupiable rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the opening to the adjoining room shall be unobstructed and shall have an area of not less than 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.3 m2). The openable area of the openings to the outdoors shall be based on the total floor area being ventilated.
Exception:
Exterior openings required for ventilation shall be permitted to open into a sunroom or covered patio provided that the openable area between such sunroom addition or covered patio and the interior room shall have an area of not less than 8 percent of the floor area of the interior room or space, but not less than 20 square feet (1.9 m2). The openable area of the openings to the outdoors shall be based on the total floor area being ventilated.
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Where openings below grade provide required natural ventilation, the outside horizontal clear space measured perpendicular to the opening shall be one and one-half times the depth of the opening. The depth of the opening shall be measured from the average adjoining ground level to the bottom of the opening.
Where an interior balcony or mezzanine opens to form part of another room or space, its area shall be added to the area of the room or space in which it is located to compute the ventilation required for both spaces.
All habitable spaces shall be provided with natural ventilation in accordance with this section. Openings providing required natural ventilation to habitable spaces shall be windows and/or glazed doors to the outdoors.
Exception:
Group R-3 occupancies. Openable skylights opening directly to the outer air, transparent or translucent panels, or other natural light-transmitting media may be substituted for window openings in Group R-3 occupancies provided that they meet the minimum dimensional requirements of Section 1203.5.1.2.1.
The minimum openable area to the outdoors shall be 5 percent of the floor area of the habitable space being ventilated. Every opening providing required natural ventilation shall be at least 12 square feet (1.1 m2) of glazed area, providing a minimum of 6 square feet (0.56 m2) of openable area.
Exceptions:
- Where fresh air is furnished in any habitable room or space by mechanical means supplying a minimum of 40 cubic feet per minute (0.02 m3/s), the free openable area of the openings may be reduced to 21/2 percent of the floor area but each such opening shall provide not less than 51/2 square feet (0.51 m2) of openable area.
- The minimum free openable area of a mullioned casement window shall be 51/2 square feet (0.51 m2), provided that the minimum ratio of floor area to openable area is met.
An alcove or room opening off another room or space shall be considered as a separate room in determining its requirements for ventilation.
Exceptions:
- Alcoves within Group R-3 dwelling units. In Group R-3 occupancies, where an opening between the alcove and the room or space is at least 80 percent of the area of the common wall and the floor area of the alcove does not exceed twice the area of the opening, the alcove and the room opening into the alcove may be considered as a single space.
- Balconies, partially enclosed. Exterior openings required for ventilation shall be permitted to open upon a partially enclosed balcony or space above a setback when:
- Such balcony or space faces upon a public street, space, alley, park, highway, or right of way; or upon a yard, court, plaza, or space above a setback where such yard, court, plaza, or space above a setback complies with Section 1206;
- The maximum depth of any habitable room is 30 feet (9144 mm) measured from the outer face of the exterior wall forming the partial or full enclosure of the balcony or space;
- The enclosure of the balcony or space is not more than one story in height; and
- The front of a partially enclosed balcony or space above a setback shall be open to the outer air with an open area equal to at least 75 percent of the floor surface area of such balcony or space.
- Balconies, fully enclosed. Exterior openings required for ventilation shall be permitted to open upon a fully enclosed balcony or space above a setback, including sunroom and patio covers, when:
- Such balcony or space faces upon a public street, space, alley, park, highway, or right of way; or upon a yard, court, plaza, or space above a setback where such yard, court, plaza, or space above a setback complies with Section 1206;
- The maximum depth of any habitable room is 30 feet (9144 mm) measured from the outer face of the exterior wall forming the partial or full enclosure of the balcony or space;
- The enclosure of the balcony or space is not more than one story in height;
- The building is of Type I or II construction;
- The outer enclosing walls of the balcony or space are glazed with an area at least 50 percent of the area of the interior enclosing walls of such balcony or space; the glazing may be clear plate glass or slow burning plastic;
- At least 50 percent of the glazed area required by Exception 3.5 of this section is openable; and
- No window from any bathroom, toilet room, kitchen or kitchenette shall open on such balcony or space.
- Mezzanines and split-level rooms. Where a habitable mezzanine or portion of a split-level room or space is not directly served by an opening providing natural ventilation in accordance with Section 1203.5.1.2, such mezzanine or space shall open for its full width with no obstruction, except for railings, to an adjoining habitable room which is provided with natural ventilation. The floor area of such mezzanine or portion of the split-level room or space shall be added to the floor area of the adjoining room to compute the required ventilation in accordance with Section 1203.5.1.2.1. The combined space shall also comply with Section 1203.5.1.2.4. When required natural ventilation is not provided, mechanical ventilation shall be provided to the mezzanine and split-level rooms in accordance with the New York City Mechanical Code capable of providing 2 cubic feet per minute (0.00094 m3/s) of fresh air per 1 square foot (0.09 m2) of floor area of mezzanine.
Where openings provide natural ventilation to habitable spaces located in basements or cellars, such opening shall also comply with the applicable provisions of Sections 27-2081 through 27-2087 of the New York City Housing Maintenance Code and Sections 26(8) and 34 of the New York State Multiple Dwelling Law.
No part of any room shall be more than 30 feet (9144 mm) from a window opening onto a street or yard unless such room also opens onto a court complying with Section 1206.
Exception:
In dwelling units containing more than three habitable rooms in Group R-1 or R-2 occupancies in buildings of Type I or II construction, rooms may be greater than 30 feet (9144 mm) in depth provided that all other requirements of Section 1203.5.1.2 are met and that the required windows are so located as to properly light all portions of the room in accordance with Section 1205.
Bathrooms and toilet rooms in Group R or I-1 occupancies shall be provided with natural ventilation in accordance with Section 1203.5.1.3, unless provided with ventilation in accordance with the New York City Mechanical Code. Openings providing required natural ventilation shall be windows.
Exception:
Openable skylights may be substituted for windows provided that the bathroom or toilet room is on the top story.
The minimum openable area to the outdoors shall be 5 percent of the floor area of the space being ventilated. Every window or skylight providing required natural ventilation shall be at least 3 square feet (0.28 m2) providing a minimum of 11/2 square feet (0.14 m2) of openable area.
Natural ventilation for bathrooms and toilet rooms may not be through openings from another room or space.
Exception:
A bathroom or toilet room may open onto a partially enclosed balcony or space above a setback conforming with Exception 2 of Section 1203.5.1.2.2.
Where openings provide natural ventilation to bathrooms or toilet rooms located in basements or cellars, such opening shall also comply with the applicable provisions of Sections 27-2081 through 27-2087 of the New York City Housing Maintenance Code and Sections 26(8) and 34 of the New York State Multiple Dwelling Law.
Kitchenettes in Group R or I-1 occupancies shall be provided with natural ventilation in accordance with Section 1203.5.1.4, unless provided with ventilation in accordance with the New York City Mechanical Code. Openings providing required natural ventilation shall be windows.
Exception:
Openable skylights may be substituted for windows provided that:
- The kitchenette is on the top story;
- The skylight is 12 inches (304.8 mm) in its least dimensions;
- The skylight is at least 4 square feet (0.37 m2) or one-eighth of the area of the kitchenette, whichever is greater; and
- The skylight provides ventilating openings for at least one-half of its area.
The minimum openable area to the outdoors shall be 5 percent of the floor area of the space being ventilated. Every window or other opening providing required natural ventilation shall be at least 1 foot (304.8 mm) wide and at least 3 square feet (0.28 m2) in total area, providing a minimum of 11/2 square feet (0.14 m2) of openable area.
Exception:
Skylights shall comply with the exception of Section 1203.5.1.4.
Natural ventilation for kitchenettes shall not be through openings off another room or space.
Exception:
A kitchenette may open onto a partially enclosed balcony or space above a setback conforming with Exception 2 of Section 1203.5.1.2.2.
Where openings provide natural ventilation to kitchenettes less than 80 square feet (7.4 m2) located in basements or cellars, such opening shall also comply with the applicable provisions of Sections 27-2081 through 27-2087 of the New York City Housing Maintenance Code and Sections 26(8) and 34 of the New York State Multiple Dwelling Law.
Contaminant sources in naturally ventilated spaces, including kitchens, kitchenettes, toilet rooms and bathing rooms, shall be exhausted in accordance with the New York City Mechanical Code.
Rooms containing bathtubs, showers, spas and similar bathing fixtures in other than Group R and I-1 occupancies shall be mechanically ventilated in accordance with the New York City Mechanical Code, whether or not they are also provided with natural ventilation.
Natural ventilation shall be provided by openings to a public street, space, alley, park, highway, or right-of-way; or upon a yard, court, plaza, or space above a setback where such yard, court, plaza, or space above a setback complies with Section 1206. No such opening shall be on a recess of less than 6 feet (1828.8 mm) in width.
Exceptions:
- Openings providing natural ventilation to habitable spaces located in basements or cellars shall also comply with the applicable provisions of Sections 27-2081 through 27-2087 of the New York City Housing Maintenance Code and Sections 26(8) and 34 of the New York State Multiple Dwelling Law.
- A kitchenette, a bathroom, or a water closet compartment may be located on a recess of less than 6 feet (1828.8 mm) in width.
Dimensions of windows and other openings shall always be taken between stop beads or, if there are no stop beads, between the sides, head, and sill of the sash opening.
Ventilation and exhaust systems for occupancies and operations involving flammable or combustible hazards or other contaminant sources as covered in the New York City Mechanical Code or the New York City Fire Code shall be provided as required by both codes.
Interior spaces intended for human occupancy shall be provided with active or passive space heating systems capable of maintaining an indoor temperature as indicated in Table 1204.1 at a point 3 feet (914.4 mm) above the finished floor. The heating capacity of heat-producing devices and equipment which are contained in the room and in constant use during occupancy may be deducted from the capacity of the heating system. Portable heating systems shall not be considered as contributing to the capacity of the heating system.
Exception:
Where specific rooms or spaces are not listed, the temperature shall be determined by the requirements of the listed space to which they most nearly conform or as determined by the registered design professional.
| ROOMS OR SPACES | MINIMUM TEMPERATURE (°F) |
| Habitable rooms in all buildings | 68 |
| Building equipment and machinery rooms | 50 |
| Patients' rooms, bathrooms and toilet rooms, stairs and corridors in hospitals and nursing homes | As per the New York State Health Code |
| Bathrooms and toilet rooms except patients' bathrooms and toilet rooms in hospitals and nursing homes | 68 |
| Offices, waiting rooms, art galleries, museums, libraries, meeting rooms, houses of worship, classrooms, auditoriums, lecture halls, nightclubs, restaurants, theatres, locker rooms, dressing rooms, and spaces where persons are engaged in sedentary activities | 68 |
| Laboratories, light machine work, product inspections, loft buildings, shops, stores, display rooms, show rooms, sales rooms, and spaces where persons are engaged in moderate physical activities | 65 |
| Gymnasia, dance halls, skating rinks, bowling alleys, heavy assembly workrooms or shops, and spaces where persons are engaged in vigorous physical activities | 60 |
| Automotive repair shops | 50 |
| Storage areas, garages, space where work or process requires a low temperature | None |
| Hospital operating rooms, and recovery, labor, delivery, and nursery rooms | As per the New York State Health Code |
| Swimming pools, bath houses, and shower rooms | 75 |
- Temperatures listed here are the minimum requirements of the department. However, other jurisdictional authorities may have more stringent requirements.
Exceptions:
- Heating systems are not required when occupancy is seasonal and the rooms or buildings are not occupied between November 1st and May 1st of the following year.
- Heating systems are not required when the processes or activities normally conducted in the space will generate sufficient heat to maintain the prescribed temperatures during the time of occupancy.
- Spaces where strict process requirements mandate temperatures other than those cited above shall be exempt from the minimum requirements listed in Table 1204.1.
Interior spaces intended for human occupancy that are provided with air conditioning shall be provided with active or passive systems that are capable of maintaining 78°F (26°C) at 50-percent relative humidity when the outdoor air temperature is 89°F (32°C) and the coincident wet bulb temperature is 73°F (23°C). Interior spaces without air conditioning shall be provided with mechanical or natural ventilation in compliance with other subsections of this code.
All interior spaces shall be provided with active or passive systems or with methods of construction capable of preventing wet piping systems and vessels from freezing at all times, including permanently installed pipe heat tracing systems.
The heating system and air-conditioning system, as applicable, shall be designed to provide sufficient capacity to meet the temperature and humidity requirements of Section 1204 when considering the outdoor air ventilation requirements and all losses in the system and ancillary uses, such as domestic hot water, for which the system is used. The system shall be designed and installed to meet all other applicable provisions of this code.
Every room and space in every building shall be provided with artificial light in accordance with Section 1205.3. Every habitable room and space shall also be provided with natural light by means of exterior glazed openings in accordance with Section 1205.2.
Exceptions:
Artificial light need not be provided in rooms or spaces:
- Occupied exclusively during the daylight hours between 1 hour after sunrise and 1 hour before sunset, and which are provided with natural light meeting the requirements of Section 1205.2; or
- With less than 40 square feet (3.7 m2) of floor area if they are used exclusively for storage purposes or for mechanical facilities containing no rotating or moving parts, no combustion equipment, or no other hazardous equipment.
Every opening providing required natural light shall be so located so as to properly light all portions of the room. Openings providing required natural light shall be windows or glazed doors.
Exception:
Group R-3 occupancies. Skylights, opening directly to the outer air, transparent or translucent panels, or other light-transmitting media, may be substituted for window openings in Group R-3 occupancies provided that they meet the minimum dimensional requirements of Section 1205.2.1.
An alcove or room opening off another room or space shall be considered as a separate room in determining its requirements for natural lighting.
Exceptions:
- Alcoves within Group R-3 dwelling units. In Group R-3 occupancies, where an opening between the alcove and the room or space is at least 80 percent of the area of the common wall and the floor area of the alcove does not exceed twice the area of the opening, the alcove and the room opening into the alcove may be considered as a single space.
- Balconies, partially enclosed. Exterior openings required for natural light shall be permitted to open upon a partially enclosed balcony or space above a setback when:
- Such balcony or space faces upon a public street, space, alley, park, highway, or right of way; or upon a yard, court, plaza, or space above a setback where such yard, court, plaza, or space above a setback complies with Section 1206;
- The maximum depth of any habitable room is 30 feet (9144 mm) measured from the outer face of the exterior wall forming the partial or full enclosure of the balcony or space;
- The enclosure of the balcony or space is not more than one story in height; and
- The front of a partially enclosed balcony or space above a setback shall be open to the outer air with an open area equal to at least 75 percent of the floor surface area of such balcony or space.
- Balconies, fully enclosed. Exterior openings required for natural lighting shall be permitted to open upon a fully enclosed balcony or space above a setback, including thermally isolated sunroom additions and covered patios, when:
- Such balcony or space faces upon a public street, space, alley, park, highway, or right of way; or upon a yard, court, plaza, or space above a setback where such yard, court, plaza, or space above a setback complies with Section 1206;
- The maximum depth of any habitable room is 30 feet (9144 mm) measured from the outer face of the wall forming the partial or full enclosure of the balcony or space;
- The enclosure of the balcony or space is not more than one story in height;
- The building is of Type I or II construction;
- The outer enclosing walls of the balcony or space are glazed with an area at least 50 percent of the area of the interior enclosing walls of such balcony or space; the glazing may be clear plate glass or slow burning plastic;
- At least 50 percent of the glazed area required by Exception 3.5 of this section is openable; and
- No window from any bathroom, toilet room, kitchen or kitchenette shall open on such balcony or space.
- Mezzanines and split-level rooms. Where a habitable mezzanine or portion of a split-level room or space is not directly served by an opening providing natural lighting in accordance with Section 1205.2, such space shall be open for its full width with no obstruction, except for railings, to an adjoining habitable room which is provided with such window or other opening. The floor area of the mezzanine or portion of the split level room or space shall be added to the floor area of the adjoining room to compute the required lighting in accordance with Section 1205.2.1. The combined space shall also comply with Sections 1205.2.4 and 1205.2.7.
Where openings provide natural light to habitable spaces
located in basements or cellars, such openings shall comply with Sections 1205.2.3.1 through
1205.2.3.2.
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Where rooms within a dwelling unit in a multiple dwelling are located in a cellar or a basement, such rooms shall have at least one-half of their height and all of their required window surfaces above every part of an "adequate adjacent space." Such "adequate adjacent space" shall be open to the sky and shall be a continuous surface area not less than 30 feet (9144 mm) in its least dimension abutting at same level or directly below the exterior walls of every part of the basement and cellar portions of such dwelling unit. Such "adequate adjacent space" shall be spaces that are located on the same tax lot or plot in compliance with Section 1206.1 as the building or a public street, space, alley, park, highway or right of way and the level of such areas which abut or adjoin the habitable room shall be at least 6 inches (152.4 mm) below the window sills of any windows.
Where openings provide natural lighting to habitable spaces located in basements or cellars, such opening shall comply with the applicable provisions of Sections 27-2081 through 27-2087 of the New York City Housing Maintenance Code and Sections 26(8) and 34 of the New York State Multiple Dwelling Law.
No part of any room shall be more than 30 feet (9144 mm) from a window opening on a street or yard unless such room also opens onto a legal court in compliance with Section 1206.1.
Exception:
In dwelling units containing more than three habitable rooms in Group R-1 or R-2 occupancies in buildings of Type I or II construction, rooms may be greater than 30 feet (9144 mm) in depth provided that all other requirements of Section 1205.2 are met and that the required windows are located so as to properly light all portions of the room.
Exterior glazed openings shall open directly onto a public street, space, alley, park, highway, or right-of-way; or upon a yard, court, plaza, or space above a setback where such yard, court, plaza, or space above a setback complies with Section 1206. No such opening shall be on a recess of less than 6 feet (1828.8 mm) in width.
Dimensions of windows and other glazed areas shall always be taken between stop beads or, if there are no stop beads, between the sides, head, and sill.
Height of glazed areas on openings providing natural light shall
comply with Sections 1205.2.7.1 and 1205.2.7.2.
Only that portion of glazed areas higher than 30 inches (9144 mm) above the floor shall be considered as providing the required natural lighting.
The top of at least one window or other opening providing required natural lighting to a habitable room shall be a minimum of 7 feet (2133.6 mm) above the floor of the room or space served by the window or opening.
Exception:
Mezzanines. Where the required natural lighting for a habitable mezzanine level is provided by a window(s) on the lower level in accordance with Section 1205.2.2, Exception 4, and where compliance with Section 1205.2.7.2 is not feasible on the mezzanine floor, Section 1205.2.7.2 shall not apply to such mezzanine floor provided that such window(s) is on the opposite wall from the mezzanine, and the top of such window is at least 12 inches (304.8 mm) above the floor of the mezzanine.
Artificial light shall meet the minimum illumination standards set forth in Section 1205.3. Artificial light shall not exceed maximum energy consumption requirements, if applicable, as required by the New York City Energy Conservation Code.
Artificial light shall be adequate to provide an average illumination of 10 footcandles (107 lux) over the area of the room at a height of 30 inches (762 mm) above the floor level.
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Stairways within dwelling units and exterior stairways serving a dwelling unit shall have an illumination level on tread runs of not less than 1 footcandle (11 lux). Stairs in other occupancies shall be governed by Chapter 10.
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The means of egress shall be illuminated in accordance with Section 1008. Exterior lights near entranceways to multiple dwellings shall also comply with Section 27-2040 of the New York City Housing Maintenance Code.
Places of assembly shall be illuminated in accordance with Chapter 10.
This section shall apply to yards and courts adjacent to exterior openings that provide required natural light or required natural ventilation. Such yards and courts shall be on the same zoning lot as the building. Where such yard or court is wholly or partially on a different tax lot from the exterior opening which the yard or court serves, a light and air easement or restrictive declaration acceptable to the commissioner shall be recorded against the tax lot or lots where such yard or court is located.
Yards shall be not less than the dimensions prescribed by the New York City Zoning Resolution and other applicable laws, rules, and regulations.
For multiple dwellings, there shall be direct access from the street to every rear yard through a noncombustible 2-hour fire-resistance-rated passage either in a direct line or through a court, except that the passage may be 1-hour fire-resistance-rated for dwellings not exceeding three stories in height and occupied by not more than two families on any story. Such passage shall be at least 36 inches (914.4 mm) in clear width and 7 feet (2133.6 mm) in height.
Exceptions:
No such passage shall be required for:
- Buildings of Type IA or IB construction.
- Buildings not exceeding three stories in height, and occupied by not more than one family on any story nor more than three families in all.
- Buildings not exceeding two stories in height, and occupied by not more than two families on any story nor more than four families in all.
Courts shall not be less than the dimensions prescribed by the New York City Zoning Resolution and other applicable laws, rules and regulations.
Access shall be provided to the bottom of courts for cleaning purposes.
Courts more than two stories in height shall be provided with a horizontal air intake at the bottom not less than 10 square feet (0.93 m2) in area and leading to the exterior of the building unless abutting a yard or public way.
Exception:
For multiple dwellings more than two stories in height, an air intake with a vertical cross-sectional area of 21 square feet (1.95 m2) and a least minimum dimension of 3 feet (914.4 mm) shall be provided at or near the lowest level of any court, in accordance with Section 26(7)(a) of the New York State Multiple Dwelling Law.
The bottom of every court shall be properly graded and drained to a public sewer or other approved disposal system complying with the New York City Plumbing Code. For Group R and I-1 occupancies, such grading and drainage shall also comply with Section 27-2027 of the New York City Housing Maintenance Code. For Group R-1, R-2 and I-1 occupancies, such grading and drainage shall also comply with Section 77 of the New York State Multiple Dwelling Law.
All walls enclosing courts of multiple dwellings shall be of light colored materials or shall be painted a light color.
Exceptions:
- Outer courts that open to a street.
- Courts that exceed the minimum dimension set forth in the New York City Zoning Resolution by at least 50 percent.
In Group I-1, R-1 or R-2 occupancies, all yards and courts shall be artificially illuminated with a minimum intensity of not less than 1 footcandle (11 lux) measured 30 inches (762 mm) above the floor of the lowest level of such yards or courts.
Exception:
Such lighting is not required in an inner court that is accessible only from the interior of the building and to which access is restricted for clean-out purposes.
This section shall apply to common interior walls, partitions and floor/ceiling assemblies between adjacent dwelling units, between dwelling units and adjacent mechanical equipment spaces, or between dwelling units and adjacent occupancies, and public areas such as halls, corridors, stairs or service areas.
Walls, partitions and floor/ceiling assemblies separating dwelling units from each other, from adjacent occupancies, from public or service areas, from stairs or from mechanical equipment spaces, including boiler rooms, or elevator or other shafts shall have a sound transmission class (STC) for air-borne noise of not less than 50 based upon laboratory measurements made in accordance with ASTM E 90, or not less than 45 if field tested in accordance with ASTM E 336. Dwelling unit entrance doors shall be installed of assemblies having an STC of not less than 30 based upon laboratory measurements made in accordance with ASTM E 90. Penetrations or openings in construction assemblies for piping; electrical devices; recessed cabinets; bathtubs; soffits; or heating, ventilating or exhaust ducts shall be sealed, lined, insulated or otherwise treated to maintain the required ratings.
The sound transmission class of concrete masonry and clay masonry assemblies shall be calculated in accordance with TMS 302 or determined through testing in accordance with ASTM E 90.
| OCTAVE BANDS, HZ MID-FREQUENCY |
MAXIMUM SOUND PRESSURE LEVEL dba |
| db re 0.0002 microbars | |
| 63 | 61 |
| 125 | 53 |
| 250 | 46 |
| 500 | 40 |
| 1000 | 36 |
| 2000 | 34 |
| 4000 | 33 |
| 8000 | 32 |
- The maximum sound pressure levels shall be reduced 5 db in any octave band where the equipment data indicate pure tone generation. The presence of pure tones may be determined by means of one-third octave band analysis. The criterion for a significant pure tone component shall be an audible pure-tone sound together with an increase of the sound pressure level in the corresponding one-third octave band above the mean of the two adjacent one-third of at least:
| Center frequency of one-third octave band: | 40/125 | 160/250 | 215/500 | 630/1,000 | 1,000/10,000 |
| Increase in sound pressure level (db): |
6 | 4 | 3 | 2 | 11/2 |
Elevator machine rooms and machinery spaces containing equipment totaling more than 75 rated h.p. shall not be located vertically or horizontally adjacent to dwelling units unless the total sound pressure level output of all the equipment in the machine room or space is certified not to exceed the maximum sound pressure levels of Table 1207.2.1 in any octave band.
Floor/ceiling assemblies between dwelling units and sleeping units or between a dwelling unit or sleeping unit and a public or service area stair, exterior mechanical equipment, or other mechanical equipment space, including boiler rooms, shall be constructed of assemblies having an impact insulation class (IIC) rating of not less than 50 based upon laboratory measurements made in accordance with ASTM E 492, or not less than 45 if field tested in accordance with ASTM E 1007 in completed construction. See Chapter 30 of this code for additional sound control requirements for elevator machinery.
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Metal refuse chutes, metal chute supports, and metal chute bracing shall be free of direct contact with the shaft enclosure and the openings provided in the floor construction. Metal chutes shall be resiliently supported at each structural support location. Isolators shall provide a minimum static deflection of 0.3 inches (7.62 mm). All chutes shall be plumb.
Where conditions indicate that the installed construction or equipment does not meet the noise control prescribed in Section 1207, measurements shall be taken to determine conformance or nonconformance.
Habitable spaces, other than a kitchen, shall be not less than 8 feet (2438.4 mm) in any plan dimension. Kitchens and kitchenettes shall have a clear passageway of not less than 3 feet (914.4 mm) between counter fronts and appliances or counter fronts and walls.
Exceptions:
- A room that complies with the requirements for natural light and natural ventilation and in addition has an unobstructed opening of not less than 60 square feet (5.6 m2) into an immediately adjoining room shall be not less than 7 feet (2133.6 mm) in any plan dimension.
- A habitable dining space that complies with the requirements for natural light and natural ventilation may be less than 8 feet (2438.4 mm) in any plan dimension.
- One-half the number of bedrooms in a dwelling unit containing three or more bedrooms shall be not less than 7 feet (2133.6 mm) in any plan dimension.
- A room in a Group R-1 dwelling or sleeping unit shall be not less than 6 feet (1828.8 mm) in any plan dimension.
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Habitable rooms and spaces shall have a ceiling height of not less than 8 feet (2438.4 mm). Occupiable spaces and corridors shall have a ceiling height of not less than 7 feet 6 inches (2286 mm). Bathrooms, toilet rooms, kitchens in other than Group I-1 and R occupancies, kitchenettes in Group I-1 or R occupancies, storage rooms and laundry rooms shall have a ceiling height of not less than 7 feet (2133.6 mm). All measurements shall be taken from the finished floor to the finished underside of the ceiling or ceiling beams.
Exceptions:
- In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1220 mm) on center may project not more than 6 inches (152.4 mm) below the required ceiling height, provided that a clear height of 7 feet (2133.6 mm) is maintained.
- Habitable rooms in basements of one- or two-family dwellings, including any projecting beams, shall have a ceiling height of not less than 7 feet (2133.6 mm).
- Habitable rooms in basements of multiple dwellings may have as many as four beams crossing the ceiling if none of the beams exceeds 12 inches (304.8 mm) in width or extends below the ceiling more than 6 inches (152.4 mm).
- Spaces above and below a mezzanine, other than habitable spaces, shall have a ceiling height of not less than 7 feet (2133.6 mm).
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Any room with a furred ceiling shall be required to have the minimum ceiling height in two-thirds of the area thereof, but in no case shall the height of the furred ceiling be less than 7 feet (2133.6 mm).
Exception:
Minimum ceiling heights of habitable rooms and spaces shall be not less than established in Section 1208.2.
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Every habitable room or space shall have not less than 80 square feet (7.4 m2) in net floor area.
Exceptions:
- A room that complies with the requirements for natural light and natural ventilation and in addition has an unobstructed opening of not less than 60 square feet (5.6 m2) into an immediately adjoining room shall have not less than 70 square feet (6.5 m2) of net floor area.
- A habitable dining space, as defined by the New York City Housing Maintenance Code, that complies with the requirements for natural light and natural ventilation may have less than 80 square feet (7.4 m2) of net floor area.
- A room in a Group R-1 dwelling unit shall have not less than 60 square feet (5.6 m2) of net floor area.
In a dwelling unit, at least one habitable room shall have not less than 150 square feet (13.9 m2) of net floor area.
Where a single room within a dwelling unit is used for single room occupancy, as such term is used in Section 27-2074(e) of the New York City Housing Maintenance Code, such room shall have not less than 150 square feet (13.9 m2) of net floor area.
Where two or more rooms, joined together and separated from all other rooms within a dwelling unit, are used for single room occupancy, as such term is used in Section 27-2074(e) of the New York City Housing Maintenance Code, at least one of such separated rooms shall have not less than 150 square feet (13.9 m2) of net floor area.
Crawl spaces shall be provided with not fewer than one access opening that shall be not less than 18 inches by 24 inches (457.2 mm by 609.6 mm). All crawl spaces shall have a minimum clear height of 18 inches (457.2 mm).
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Access to mechanical appliances installed in under-floor areas, in attic spaces and on roofs or elevated structures shall be in accordance with the New York City Mechanical Code.
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The number and type of plumbing fixtures provided in any occupancy
shall comply with the New York City Plumbing Code.
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In other than dwelling units, toilet, bathing and shower room floor finish materials shall have a smooth, hard, nonabsorbent surface. The intersections of such floors with walls shall have a smooth, hard, nonabsorbent vertical base that extends upward onto the walls not less than 4 inches (101.6 mm).
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Walls and partitions within 2 feet (609.6 mm) of service sinks, urinals and water closets shall have a smooth, hard, nonabsorbent surface, to a height of not less than 4 feet (1220 mm) above the floor, and except for structural elements, the materials used in such walls shall be of a type that is not adversely affected by moisture.
Exceptions:
Accessories such as grab bars, towel bars, paper dispensers and soap dishes, provided on or within walls, shall be installed and sealed to protect structural elements from moisture.- Dwelling units.
- Toilet rooms that are not accessible to the public and that have not more than one water closet.
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Shower compartments and walls above bathtubs with installed shower heads shall be finished with a smooth, nonabsorbent surface to a height not less than 72 inches (1828.8 mm) above the drain inlet.
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Each water closet utilized by the public or employees shall
occupy a separate compartment with walls or partitions and a door enclosing the fixtures for
privacy.
Exceptions:
- Water closet compartments shall not be required in a single-occupant toilet room with a lockable door.
- Toilet rooms located in child day care facilities and containing two or more water closets shall be permitted to have one water closet without an enclosing compartment.
- This provision is not applicable to toilet areas located within Group I-3 occupancy housing areas.
Each urinal utilized by the public or employees shall occupy a
separate area with walls or partitions to provide privacy. The walls or partitions shall begin at a
height not more than 12 inches (304.8 mm) from and extend not less than 60 inches (1524 mm)
above the finished floor surface. The walls or partitions shall extend from the wall surface at each
side of the urinal not less than 18 inches (457.2 mm) or to a point not less than 6 inches (152.4
mm) beyond the outermost front lip of the urinal measured from the finished backwall surface,
whichever is greater.
Exceptions:
- Urinal partitions shall not be required in a single-occupant or family or assisted-use toilet room with a lockable door.
- Toilet rooms located in child day care facilities and containing two or more urinals shall be permitted to have one urinal without partitions.
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Toilet rooms shall not open directly into a room used for the preparation of food for service to the public. In multiple dwellings no toilet room or bathroom shall open onto any kitchen or kitchenette.
No kitchen or kitchenette shall be occupied for sleeping purposes.
Except at entrances thereto, every kitchenette in a multiple dwelling shall be surrounded by partitions extending from floor to ceiling, and/or by a soffit dropped 1 foot (304.8 mm) from the ceiling.
Rodentproofing shall be in accordance with Appendix F.
Multiple dwellings shall comply with Section 81 of the New York State Multiple Dwelling Law and Section 27-2021 of the New York City Housing Maintenance Code. In Group R-2 occupancies, space shall be provided for the storage of refuse and recyclables as a common accessory space. The location of such refuse and recyclables storage space shall be clearly identified on the construction documents and configured to permit separate unobstructed access by building personnel to stored refuse and recyclables. Such refuse and recyclables storage space shall be a minimum of 1.5 square feet (0.140 m2) per dwelling unit, or a minimum of 350 square feet (32.516 m2), whichever is less, for the storage of collected refuse and recyclables.
Exceptions:
- In multiple dwellings required to have a compactor in accordance with Section 1213.2, such refuse and recyclables storage space shall be, in addition to space required for equipment or circulation, a minimum of 1.0 square foot (0.094 m2) per dwelling unit, or a minimum of 350 square feet (32.516 m2), whichever is less, for the storage of collected refuse and recyclables.
- Refuse and recyclables storage space shall not be required in multiple dwellings equipped with a chute system that provides for source separation of refuse and recyclable materials without cross contamination and an integrated mechanical system to transport such materials off-site that has been approved by the commissioner.
Where an interior room is provided for the storage of refuse and recyclables, such room shall be completely enclosed by construction that has a fire-resistance rating of not less than 2 hours, with self-closing opening protective having a fire protection rating of not less than 11/2 hours.
Where space is provided on the exterior of a building for the storage of refuse and recyclables, such refuse and recyclables storage space shall include a minimum of 4 square feet (0.372 m2) in addition to the space per dwelling unit required by Section 1213.1, shall be clearly identified on the construction documents, and shall not be located in the public right-of-way.
A refuse compacting system shall be provided in multiple dwellings in a Group I-1 or R-2 occupancy that are four or more stories in height and contain 12 or more dwelling units, and in buildings of any size occupied as a Group R-1 multiple dwelling. Such system shall be located within a refuse storage room constructed in accordance with Section 1213.1 or in a refuse chute termination room constructed in accordance with Section 713.13.4. The floor within such room shall be constructed of concrete and shall be sloped to a floor drain connected to the building sewer. A hose connection shall be provided within such room.
A multiple dwelling that is five or more stories in height and that contains 9 or more dwelling units shall be provided with a refuse chute, refuse chute access rooms, and refuse chute termination room constructed in accordance with Section 713.13. A minimum of 5 square feet (0.470 m2) of floor area within each refuse chute access room shall be provided for the temporary holding of recyclables. Such floor area shall be clearly identified on the construction documents. In Group I-1 and R-1 occupancies, access to the chute access room shall be permitted to be restricted to employees provided that separate refuse storage rooms are located on each story for general occupant use.
Exceptions:
- In buildings without an elevator, floor area within refuse chute access rooms for the temporary holding of recyclables is not required.
- In buildings equipped with separate chutes designated for refuse, for paper and cardboard, and for metal, glass and plastic, and in buildings equipped with a chute system that provides for source separation of recyclable materials without cross contamination, floor area within refuse chute access rooms for the temporary holding of recyclables is not required. Chutes for designated recyclable materials shall be constructed in accordance with Section 713.13 of this code.
- The refuse chute and the occupant use storage rooms shall not be required in transient hotels meeting the following requirements:
- the refuse is removed from rooms by a daily cleaning service, with the staff using a service elevator that is not accessed by hotel guests;
- the building is of Type I or Type II construction; or
- a compactor and refuse storage room is provided in accordance with Section 1213.2.