SUBCHAPTER
3
PHYSICAL AND OCCUPANCY STANDARDS FOR DWELLING UNITS
ARTICLE
1
Lighting
and Ventilation
Section 27-2057 Lighting and Ventilation in Multiple Dwellings;
General Requirements 27-2058 Lighting and Ventilation
of Living Rooms in Multiple Dwellings Erected after 1929 27-2059 Lighting and Ventilation
of Living Rooms in Converted Dwellings 27-2060 Lighting and Ventilation
of Living Rooms in New Law Tenements 27-2061 Lighting and Ventilation
of Living Rooms in Old Law Tenements 27-2062 Lighting and Ventilation
in One- and Two-Family Dwellings
Sec. 27-2057 Lighting
and Ventilation in Multiple Dwellings; General Requirements
No multiple dwelling shall be so altered as to diminish the light and ventilation
of any room in any way not approved by the department.
Every required window shall be so located as to light properly all portions
of the room.
Any obstruction of required light and ventilation shall be unlawful.
Sec. 27-2058 Lighting
and ventilation of living rooms in multiple dwellings erected after 1929
Required windows. Every living room in a multiple dwelling erected after
April eighteenth, nineteen hundred twenty-nine, shall have at least one window
opening on:
a street;
a lawful yard or court on the same lot;
a partially enclosed balcony or space above a setback which opens
directly to a street, yard or court if the area of the front of such
balcony or space open to the outer air is at least equal to seventy-five
percent of the floor area of such balcony or space; or
A completely enclosed balcony or space above a setback in a fireproof
multiple dwelling if: the enclosure is not more than one story in height;
the outer enclosing walls and roof are of incombustible materials; an
area, glazed with clear plate glass or plastic equivalent, on the outer
enclosing walls if at least fifty percent of the area of the interior
enclosing walls; and at least fifty percent of such glazed area opens
on a street, legal yard or court. One-half of such glazed area shall
be openable. A living room does not include a kitchen under this paragraph.
No required window of a living room shall open on an offset or a recess
of less than six feet in width.
Size of windows.
The total area of all windows in the room shall
be at least one-tenth the floor area of such room, except that when a
room opens solely on a balcony or space above a setback the total area
of such opening shall be one-tenth the combined floor area of the room
and that portion of the balcony or space directly in front of such room.
In determining the ratio of windows to floor area, the combined glazed
area of windows and doors opening on a balcony or a space above a setback
may be used.
Every required window shall be at least twelve square feet.
At least one-half of every required window shall open, except that
for a mullioned casement window a minimum of five and one-half square
feet is sufficient. In a room where a centralized mechanical ventilating
system provides forty cubic feet of air per minute, twenty-five percent
of the window area or five and one-half square feet of such area, whichever
is greater, shall be openable.
The top of one required window in every room shall be at least seven
feet above the floor, except that in dwellings erected pursuant to plans
filed after April twenty-third, nineteen hundred fifty-nine, and prior
to June fourteenth, nineteen hundred sixty-seven, this requirement shall
not apply.
Through ventilation.
No part of any living room with windows,
or doors in lieu thereof, opening on a balcony or space above a setback
shall be more than thirty feet from the exterior face of the outer enclosing
wall.
In any dwelling unit in a non-fireproof multiple dwelling or in
a dwelling unit of three rooms or less in a fireproof multiple dwelling,
no part of any room shall be more than thirty feet from a window opening
on a street or yard unless such room also opens on a legal court.
Openings on lot line. Every window and its assembly in a wall situated
on a lot line, except a street line, shall be fireproof; the assembly
shall have a fire resistive rating of at least three-quarters of an hour;
and the window shall be glazed with wire glass at least onequarter of
an inch thick. Every such window shall be of automatic selfclosing construction
whenever it is less than fifty feet above the non-fireproof roof of another
structure located thirty feet or less from the lot line.
Dining space. A dining space shall have a window which:
Complies with the provisions of subdivision a of this section, and
Has an area at least one-eighth the floor area of such dining space.
Sec. 27-2059 Lighting
and ventilation of living rooms in converted dwellings
Required windows. Except as provided in subdivision c, every living room
in a converted dwelling shall have at least one window opening on:
A street,
A yard or outer court which complies with the provisions of section
one hundred seventy-two of the multiple dwelling law, or
An inner court or shaft with minimum dimensions of three feet, nine
inches in width and eight feet in length.
For a room located on the top story, a skylight of the dimensions required
in subdivision b may be substituted for a window.
Size of windows.
The total area of all windows in the room shall
be at least one-tenth the floor area of such room.
Every required window or skylight shall be at least twelve square
feet, except that if the total area of windows in the room is one-eighth
of the floor area this requirement shall not apply.
At least one-half of every required window shall open. One-half
of the skylight shall have ventilating openings, unless (a) the skylight
is equipped with a minimum of one hundred and forty-four square inches
of ventilation, and (b) there is at least one window in the room, and
(c) the combined glazed area of the skylight and window is at least one-eighth
of the floor area.
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The top of every required window shall be at least seven feet above
the floor, except that on the top story it shall be a minimum of six
feet above the floor.
Noncomplying rooms.
A room which is noncomplying with the minimum
room size requirements of subdivision b of section 27-2074 of article
four of this subchapter or with the requirements of subdivisions a and
b of this section may not be occupied unless it has a single or unbroken
opening of not less than thirty-two and one-half square feet into an
immediately adjoining room. Such adjoining room shall have a window on
a street or a yard which complies with the provisions of section one
hundred seventy-two of the multiple dwelling law, except that if the
dwelling is two stories or less in height, the window of such adjoining
room may open on an outer court or a court not less than four feet in
width extending from street to yard.
No room may be subdivided in any manner unless each subdivided portion
meets the requirements of paragraph one of this subdivision, or of subdivision
a of this section.
Sec. 27-2060 Lighting
and ventilation of living rooms in new law tenements.
Required windows. Every living room in a new law tenement shall have a window
opening on:
A street, or
A lawful yard or court.
Size of windows.
The total area of all windows in the room shall
be at least one-tenth the floor area of such room.
Every required window shall be at least twelve square feet.
At least one-half of every required window shall open.
The top of one required window in a room shall be at least seven
feet six inches above the floor.
Through ventilation.
Every part of a dwelling unit of three rooms
or less shall be either within eighteen feet of a street or yard or have
a window opening upon a lawful court.
If the window of any room opens on an inner court with a width of
less than ten feet between the exterior wall of the dwelling and the
lot line, there shall be a sash window connecting such room to an adjoining
room within the dwelling unit. The sash window shall have at least ten
square feet of glazed area, one-half of which shall open.
Dining space. A dining space shall have at least one window:
That
complies with the provisions of subdivision a; and
That has an area not less than one-eighth the floor area of such
dining space.
Sec. 27-2061 Lighting
and ventilation of living rooms in old law tenements.
Required windows. Every living room in an old law tenement shall either have
a window opening:
On a street; or
On a yard at least four feet in depth; or
On a court or shaft at least twenty square feet in area open to
the sky without a roof or skylight; or
Above the roof of an adjoining building; or it shall meet the requirements
of the multiple dwelling law. In the event that a window opens above
the roof of an adjoining building and the light and air from the adjoining
lot is thereafter diminished in any way, the department may determine
that such a room is a noncomplying room and require compliance with the
requirements of the multiple dwelling law. For a room located on the
top story, a ventilating skylight opening to the outer air may be substituted
for a window. At least one-half of every required window shall open.
Dining space. A dining space shall have at least one window which:
Opens on a street, yard or legal court, and
Has an area not less than one-eighth the floor area of such dining
space.
Sec. 27-2062 Lighting
and ventilation in one- and two-family dwellings.
Required windows. Every living room shall have at least one window open to
a street, public place or an open and
unobstructed yard, court or other required
open space on the same lot as the dwelling.
Size
of windows; substitutes for windows.
The total area of all windows
in the room shall be at least one-tenth the floor area of such room,
or twelve square feet, whichever is greater.
Skylights, opening directly to the outer air, transparent or translucent
panels or doors, or other natural light transmitting media may be substituted
for window openings, subject to the approval of the department, if
they provide an equivalent amount of light to that transmitted through
the window area required in paragraph one of this subdivision.
At least forty-five percent of the required window area, skylight
or other openings shall be openable to provide natural ventilation.
If a mechanical ventilation system provides forty cubic feet of air per
minute, the openable area may be reduced to twenty-five percent.
Noncomplying
rooms.
A
living room in a oneor two-family dwelling constructed after January
first, nineteen hundred thirty-eight which meets the minimum room size
requirements of article four of this subchapter but does not comply with
subdivision a of this section may not be occupied unless it has a single
unbroken opening of not less than sixty square feet into an immediately
adjoining room. The adjoining room shall have at least one window opening
to the outer air and such window shall be not less than one-tenth of
the combined floor area of the room.
In
a one- or two-family dwelling constructed prior to January first, nineteen
hundred thirty-eight, an opening shall be required between a room without
a window and an immediately adjoining living room with at least one window.
Such opening shall have a minimum size of thirty-two and one-half square
feet.
