Heads up: There are no amended sections in this chapter.

401.1 Scope

AMENDMENT
This section has been amended at the state or city level.
The provisions of this chapter shall govern the maintenance of structures for light, ventilation, and space for occupancy.

401.2 Responsibility

AMENDMENT
This section has been amended at the state or city level.

401.3 Alternative Devices

AMENDMENT
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402.1 Habitable Spaces

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402.1 Natural or Artificial Light

AMENDMENT
This section has been amended at the state or city level.
Every habitable space, hallway, stairway, bathroom, and other spaces shall be maintained to provide natural or artificial light to the extent required by the applicable building code.

402.2 Common Halls and Stairways

AMENDMENT
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402.3 Other Spaces

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403.1 Habitable Spaces

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403.1 Natural or Mechanical Ventilation

AMENDMENT
This section has been amended at the state or city level.
Every habitable space, hallway, stairway, bathroom, and other spaces shall be maintained to provide natural or mechanical ventilation to the extent required by the applicable building code.

403.2 Bathrooms and Toilet Rooms

AMENDMENT
This section has been amended at the state or city level.
Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit.
Exceptions:
  1. Where specifically approved in writing by the code official.
  2. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances.

403.4 Process Ventilation

AMENDMENT
This section has been amended at the state or city level.
Local exhaust systems required by the applicable building code, or which are provided, that exhaust injurious, toxic, irritating, or noxious fumes, gases, dusts, or mists to the exterior of a building shall be maintained to prevent compromising the required ventilation system.

403.5 Clothes Dryer Exhaust

AMENDMENT
This section has been amended at the state or city level.

404.05 Limitation of Application of Section

AMENDMENT
This section has been amended at the state or city level.
The provisions of Section 404 that address construction aspects of occupancy limitations shall apply only to the extent that such requirements were part of the applicable building code. Operational requirements such as the use of rooms or minimum areas per occupant are part of this code only to the extent that they do not require alterations to be made to a building.
Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
A habitable room, other than a kitchen, shall be not less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a minimum clear passageway of 3 feet (914 mm) between counterfronts and appliances or counterfronts and walls.
Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of 7 feet (2134 mm).
Exceptions:
  1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting a maximum of 6 inches (152 mm) below the required ceiling height.
  2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of 6 feet 8 inches (2033 mm) with a minimum clear height of 6 feet 4 inches (1932 mm) under beams, girders, ducts and similar obstructions.
  3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear ceiling height of 7 feet (2134 mm) over not less than onethird of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of 5 feet (1524 mm) shall be included.
Every bedroom and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5.
Every living room shall contain not less than 120 square feet (11.2 m2) and every bedroom shall contain not less than 70 square feet (6.5 m2) and every bedroom occupied by more than one person shall contain not less than 50 square feet (4.6 m2) of floor area for each occupant thereof.
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 bedrooms.
Every bedroom shall have access to not less than one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story.
Kitchens and nonhabitable spaces shall not be used for sleeping purposes.
Bedrooms shall comply with the applicable provisions of this code 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 Chapter 5; the heating facilities and electrical receptacle requirements of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7.
Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5.
TABLE 404.5
MINIMUM AREA REQUIREMENTS
SPACE MINIMUM AREA IN SQUARE FEET
1-2 occupants 3-5 occupants 6 or more occupants
Living rooma, b 120 120 150
Dining rooma, b No
requirement
80 100
Bedrooms Shall comply with Section 404.4.1

For SI: 1 square foot = 0.0929 m2.
a. See Section 404.5.2 for combined living room/dining room spaces.
b. See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes.
The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. Sleeping areas shall comply with Section 404.4.
Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:
  1. A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet (11.2 m2). A unit occupied by not more than two occupants shall have a minimum clear floor area of 220 square feet (20.4 m2). A unit occupied by three occupants shall have a minimum clear floor area of 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3.
  2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.
  3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
  4. The maximum number of occupants shall be three.
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.
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