================================================================ THE CITY OF NEW YORK TITLE D* HOUSING MAINTENANCE CODE * Added by L. L. 1967, No. 56, July 14. Subsequent amendments indicated in text. Department of Housing Preservation and Development Office of Rent and Housing Maintenance ================================================================ Title D Housing Maintenance Code SUBTITLE I: GENERAL PROVISIONS Article 1: General Provisions SUBTITLE II: MAINTENANCE, SERVICES, AND UTILITIES Article 10: Obligations of Owner and Tenant; Duty to Repair Article 11: Cleaning Article 12: Painting Article 13: Extermination and Rodent Eradication Article 14: Collection of Wastes Article 15: Water Supply Article 16: Sewers and Drainage Article 17: Heat and Hot Water Article 18: Gas Appliances Article 19: Artificial Lighting Article 20: Protective Devices and Fire Protection Article 21: Miscellaneous Services and Facilities Article 22: Janitorial Services SUBTITLE III: PHYSICAL AND OCCUPANCY STANDARDS FOR DWELLING UNITS Article 30: Lighting and Ventilation Article 31: Sanitary Facilities Article 32: Kitchens and Kitchenettes Article 33: Minimum Room Sizes and Occupancy Regulations Article 34: Occupancy of Cellars and Basements Article 35: Vacant Multiple Dwellings SUBTITLE IV: ADMINISTRATION Article 40: Powers and Functions of the Department Article 41: Registration SUBTITLE V: LEGAL REMEDIES AND ENFORCEMENT Article 50: Enforcement Actions and Proceedings in General Article 51: Civil Penalty Article 52: Criminal Penalty Article 53: Injunctive Relief Article 54: Repairs by Department Article 55: Receivership Article 56: Vacate Orders Article 57: Recovery of Expenses ================================================================ SUBTITLE I: GENERAL PROVISIONS ARTICLE 1: General Provisions Section D26-1.01 Short Title D26-1.03 Legislative Declaration D26-1.05 Applicability D26-1.07 Definitions D26-1.09 Severability ---------------------------------------------------------------- Sec. D26-1.01 Short title This title shall be known and may be cited as the "housing maintenance code." Sec. D26-1.03 Legislative declaration It is hereby found that the enforcement of minimum standards of health and safety, fire protection. light and ventilation, cleanliness, repair and maintenance, and occupancy in dwellings is necessary to protect the people of the city against the consequences of urban blight. The sound enforcement of minimum housing standards is essential: 1. to preserve decent housing; 2. to prevent adequate or salvageable housing from deteriorating to the point where it can no longer be reclaimed; and 3. to bring about the basic decencies and minimal standards of healthful living in already deteriorated dwellings, which, although no longer salvageable, must serve as habitations until they can be replaced. In order to accomplish these purposes, and following a review of existing housing standards in the light of present needs, and a reexamination of methods of administration, including legal sanctions and remedies, to assure the effectiveness of enforcement, it is hereby found that the enactment of a comprehensive code of standards for decent housing maintenance, imposing duties and responsibilities for the preservation of the dwellings in the city upon owners and tenants, as well as on the municipality itself, enforceable by a broad range of legal, equitable and administrative powers, is appropriate for the protection of the health, safety and welfare of the people of the city. Sec. D26-1.05 Applicability The provisions of this title, except as otherwise provided, apply to all dwellings. Sec. D26-1.07 Definitions a. The following terms, as used in this title, shall have the following meanings: 1. The term department shall mean the department, bureau, division or other agency charged with the enforcement of this title. 2. Wherever the word or words occupied, is occupied, used, or is used appear such word or words shall be construed as if followed by the words or is intended, arranged or designed to be used or occupied." 3. A dwelling is any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings. 4. A family is (i) a single person, or (ii) two or more persons related by blood or marriage, occupying a dwelling unit and maintaining a common household with not more than two boarders, roomers or lodgers;* or (iii) not more than three unrelated persons occupying a dwelling unit and maintaining a common household. A boarder, roomer or lodger is a person who pays a consideration for living within the household and does not occupy such space as an incident of employment. Foster children lawfully living with the family in accordance with the provisions of the social welfare law are considered to be members of the family. A common household is deemed to exist if every member of the family has access to all parts of the dwelling unit. 5. Person, for the purposes of article 33, means any adult or child over the age of four years. The term persons as used in subtitle IV and subtitle V of this code shall include the owner, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of a dwelling or part thereof. Whenever a multiple dwelling shall have been declared a public nuisance to any extent pursuant to section D26-50.11 and such declaration shall have been filed as therein provided, the term persons shall he deemed to include in addition to those mentioned hereinabove, all the officers, directors and persons having an interest in more than 10 per cent of the issued and outstanding stock of the owner as herein defined, as holder or beneficial owner thereof, if such person be a corporation other than a banking organization as defined in section two of the banking law, a national banking association, a federal savings and loan association, the Mortgage Facilities Corporation, Savings Bank Life Insurance Fund, The Savings Banks Retirement System, an authorized insurer as defined in section four of the insurance law, or a trust company or other corporation organized under the laws of this state all the capital stock of which is owned by at least twenty savings banks or by at least twenty savings and loan associations or a subsidiary corporation all of the capital stock of which is owned by such trust company or other corporation (Amended by L. L. 1969, No. 18, May 12.) 6. A private dwelling is any building or structure designed and occupied for residential purposes by not more than two families. Private dwellings shall also be deemed to include a series of one-family or two-family dwelling units each or which faces or is accessible to a legal street or public thoroughfare, if each such dwelling unit is equipped as a separate dwelling unit with all essential services, and if each such unit is arranged so that it may be approved as a legal one- family or two-family dwelling. 7. A multiple dwelling is a dwelling which is either rented, leased, let or hired out, to be occupied, or is occupied, as the residence or home of three or more families living independently of each other. A multiple dwelling shall also include residential quarters for members or personnel of any hospital staff which are not located in any building used primarily for hospital use. but any building which was erected, altered or converted prior to July 1, 1955, to be occupied by such members or personnel or is so occupied on such date shall not be subject to the requirements of this code only so long as it continues to be so occupied if there are local laws applicable to such building and such building is in compliance with such local laws. A multiple dwelling does not include (i) a hospital, convent, monastery, asylum or public institution;* or (ii) a fireproof building used wholly for commercial purposes except for not more than one janitor's apartment and not more than one penthouse occupied by not more than two families. For the purposes of this chapter, multiple dwellings are divided into two classes: "Class A" and "Class B." 8. (a) A Class A multiple dwelling is a multiple dwelling which is occupied, as a rule, for permanent residence purposes. This class shall include tenements, flat houses, maisonette apartments, apartment houses, apartment hotels, bachelor apartments, studio apartments, duplex apartments, kitchenette apartments, garden-type maisonette dwelling projects, and all other multiple dwellings except Class B multiple dwellings. (b) A garden-type maisonette dwelling project is a series of attached, detached or semi-detached dwelling units which are provided as a group collectively with all essential services such as, but not limited to. water supply and house sewers, and which units are located on a site or plot not less than twenty thousand square feet in area under common ownership and erected under plans filed with the department on or after April 18, 1954, and which units together and in their aggregate are arranged or designed to provide three or more apartments. 9. A Class B multiple dwelling is a multiple dwelling which is occupied, as a rule, transiently, as the more or less temporary abode of individuals or families who are lodged with or without meals. This class includes hotels, lodging houses, rooming houses, boarding houses, boarding schools, furnished room houses, lodgings, club houses, and college and school dormitories. 10. A converted dwelling is a dwelling (i) erected before April eighteenth, nineteen hundred twenty-nine, to be occupied by one or two families living independently of each other and subsequently occupied as a multiple dwelling or (ii) a dwelling three stories or less in height erected after April eighteenth, nineteen hundred twenty-nine, to be occupied by one or two families living independently of each other and subsequently occupied by not more than three families in all, with a maximum occupancy of two families on each floor in a two story building and one family on each floor in a three story building. A converted dwelling occupied as a Class A multiple dwelling is a Class A converted dwelling; every other converted dwelling is a Class B converted dwelling. (Amended by L. L. 1971, No. 20, May 27.) 11. A tenement is any building or structure or any portion thereof; erected before April 18, 1929, which is occupied, wholly or in part, as the residence of three families or more living independently of each other and doing their cooking upon the premises and includes apartment houses, flat houses and all other houses so erected and occupied, except that unit; tenement shall not he deemed to include any converted dwelling. An old law tenement is a tenement existing before April 12, 1901, and recorded as such in the tenement house department before April 18, 1929, except that it shall not be deemed to include any converted dwelling. 12. A hotel is an inn having thirty or more sleeping rooms. 13. Dwelling unit shall mean any residential accommodation in a multiple dwelling or private dwelling. 14. Apartment shall mean one or more living rooms, arranged to be occupied as a unit separate from all other rooms within a dwelling, with lawful sanitary facilities and a lawful kitchen or kitchenette for the exclusive use of the family residing in such unit. 15. Rooming unit shall mean one or more living rooms arranged to be occupied as a unit separate from all other living rooms, and which does not have both lawful sanitary facilities and lawful cooking facilities for the exclusive use of the family residing in such unit. It may be located either within an apartment or within any Class A or Class B multiple dwelling. A rooming unit shall not include a living room in a Class B hotel or any other dwelling complying with section 67 of the multiple dwelling law and so classified and recorded in the department. 16. Rooming house shall mean a Class B converted dwelling with more than half of the rooms in rooming units. 17. Single room occupancy is the occupancy by one or two persons of a single room, or of two or more rooms which are joined together, separated from all other rooms within an apartment in a multiple dwelling, so that the occupant or occupants thereof reside separately and independently of the other occupant or occupants of the same apartment. When a Class A multiple dwelling is used wholly or in pan for single room occupancy, it remains a Class A multiple dwelling. 18. A lodging house is a multiple dwelling, other than a hotel, a rooming house or a furnished room house, in which persons are housed for hire for a single night, or for less than a week at one time, or any part of which is let for any person to sleep in for any term less than a week. 19. Public hall shall mean a hall, corridor or passageway within a building hut outside of all apartments and suites of private rooms. 20. Public part of a dwelling includes a public hall and any space used in common by the occupants of two or more apartments or rooms, or by persons who are not tenants, or exclusively for mechanical equipment of such dwelling or for storage purposes. 21. Living room shall mean any room within a dwelling unit except a dining space, kitchenette, bathroom or water closet compartment, foyer or private hall, corridor or passageway. 22. The floor area is the clear area of the floor contained within the partitions or walls enclosing any room, space, foyer, hall or passageway of any dwelling. 23. Dining space shall mean a space with 55 square feet or less of floor area, which has such permanent fittings as the department requires, located off a living room, foyer or kitchen. A dining space includes a dining hay, dining recess or dinette. 24. Foyer shall mean a space within a dwelling unit in a multiple dwelling used as an entrance hall from the public hall, which is not a living room when its floor area does not exceed either: (a) 10 per cent of the total floor area of the dwelling unit: or ( b) 20 per cent of such floor area, if every living room is at least 20 per cent larger than the required minimum room size. 25. Kitchen shall mean a living room used for cooking with 59 square feet or more of floor area. 26. Kitchenette shall mean a space used for cooking with less than 59 square feet of floor area. 27. Dormitory shall mean a space occupied for sleeping purposes by three or more persons who are not members of a family maintaining a common household in: a. a lodging house, except for an apartment occupied solely by an owner, janitor or superintendent; or b. a college or school dormitory legally recorded and classified in the department prior to May 15, 1954, or converted to such use prior to April 30, 1956; or c. a multiple dwelling owned and operated by a religious, charitable or educational organization for the purposes enumerated in section D26-33.07; or d. a dwelling owned, operated or used by a public welfare department for the purposes enumerated in section D26-33.07. 28. Premises shall mean land and improvements or appurtenances or any part thereof. 29. Structure shall mean a building or construction of any kind. 30. Alteration, as applied to a building or structure, shall mean any change or rearrangement in the structural parts or in the existing facilities of any such building or structure, or any enlargement thereof, whether by extension on any side or by any increase in height, or the moving of such building or structure from one location or position to another. 31. A multiple dwelling is fireproof if the walls and structural members thereof meet the fire-resistive standards set forth in subdivision 25 of section four of the multiple dwelling law. Any other multiple dwelling is non-fireproof. A part of a dwelling is fireproof if it meets the standard set forth in the multiple dwelling law for the corresponding part of a fireproof dwelling. 32. Fire-retarded shall mean either covered with metal lath plastered with two or more coats of mortar or otherwise protected against fire in a manner approved by the department with materials of standard fire-resistive ratings of at least one hour. Fire-proofing shall always be accepted as meeting any requirement for fire- retarding. 33. A rear yard is an open space on the same lot with a dwelling between the extreme rear line of the lot and the extreme rear wall of the dwelling. A side yard is a continuous open space on the same lot with a dwelling between the wall of a dwelling and a line of the lot from the street to a rear yard or rear line of a lot. 34 A court is an open space other than a side or rear yard, on the same lot as a dwelling. A court not extending to the street or rear yard is an inner court. A court extending to the street or rear yard is an outer court 35. A story is a space between the level of one finished floor and the level of the next higher finished floor, or, if the top story, the space between the level of the highest finished floor and the top of the highest roof beams, or, if the first story, the space between the level of the finished floor and the finished ceiling immediately above. For the purpose of measuring height by stories in multiple dwellings erected after April 18, 1929, one additional story shall be added for each twelve feet or fraction thereof that the first story exceeds fifteen feet in height, and for each twelve feet or fraction thereof that any story above the first story exceeds twelve feet in height. 36. Except as otherwise provided, the curb level, for the purpose of measuring the height of any portion of a building, is the level of the curb at the center of the front of the building; except that where a building faces on more than one street, the curb level is the average of the levels of the curbs at the center of each front. Where no curb elevation has been established the mean level of the land immediately adjacent to the building prior to any excavation or fill shall be considered the curb level, unless the city engineer shall establish such curb level or its equivalent. 37. A cellar in a dwelling is an enclosed space having more than one-half of its height below the curb level. A cellar shall not be counted as a story. 38. A basement is a story partly below the curb level but having at least one-half of its height above the curb level. A basement shall be counted as a story. 39. A shaft is an enclosed space extending through one or more stories of a building connecting a series of openings therein, or any story or stories and the roof, and includes exterior and interior shafts whether for air, light, elevator, dumbwaiter or any other purpose. 40. A stair is a flight or flights of steps together with any landings and parts of public halls through which it is necessary to pass in going from one level thereof to another. 41. A fire-stair is a fireproof stair, enclosed in fireproof walls, within the body of the building which it serves, to which access may be had only through self- closing fire-proof doors. 42. A fire-tower is a fireproof stair, enclosed in fireproof walls, without access to the building from which it affords egress other than by a fireproof self- closing door opening on a communicating balcony or other outside platform at each floor level. 43. A fire-escape is a combination of outside balconies and stairs providing an unobstructed means of egress from rooms or spaces in a building. 44. Window dimensions shall always be taken between stop- beads or, if there are no stop-beads, between the sides, head and sill of the sash opening. 45. The term owner shall mean and include the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm or corporation, directly or indirectly in control of a dwelling. Whenever a multiple dwelling shall have been declared a public nuisance to any extent pursuant to section D26-50.11 of this title and such declaration shall have been filed as therein provided, the term "owner" shall be deemed to include, in addition to those mentioned hereinabove, all the officers, directors and persons having an interest in more than ten per cent of the issued and outstanding stock of the owner as herein defined, as holder or beneficial owner thereof, if such owner be a corporation other than a banking organization as defined in section two of the banking law, a national banking association, a federal savings and loan association, The Mortgage Facilities Corporation, Savings Banks Life Insurance Fund, The Savings Banks Retirement System, an authorized insurer as defined in section four or the insurance law, or a trust company or other corporation organized under the laws of this state all the capital stock of which is owned by at least twenty savings banks or by at least twenty savings and loan. associations or a subsidiary corporation all of the capital stock of which is owned by such trust company or other corporation. (Amended by L. L. 1969, No. 18. May 12.) 46. Summer resort dwelling shall mean a dwelling located in a summer resort community, which is occupied in whole or in part for living purposes only for a seasonal period of the year between June 1 and September 30, other than by the family of the owner or the family of a caretaker. b. Except as otherwise provided herein, all terms used in this title shall be construed in a manner consistent with their use in the multiple dwelling law. Sec. D26-1.09 Severability If any portion of this code, or its application to any person or set of circumstances, is adjudged to be invalid, such determination shall not affect the validity of any other portion of this code, or the application of any portion of this code to any other person or set of circumstances. ================================================================ SUBTITLE II: MAINTENANCE, SERVICES, AND UTILITIES ARTICLE 10: Obligations of Owner and Tenant; Duty to Repair Section D26-10.01 Duties of Owner D26-10.03 Duties of Tenant D26-10.05 Certain Specific Duties of Tenants and Others D26-10.07 Owner's Right of Access D26-10.09 Tenant Violations as Grounds for Eviction ---------------------------------------------------------------- Sec. D26-10.01 Duties of owner a. The owner of a multiple dwelling shall keep the premises in good repair. b. The owner of a multiple dwelling, in addition to the duty imposed upon him by subsection ( a ) of this section, shall be responsible for compliance with the requirements of this code, except insofar as responsibility for compliance is imposed upon the tenant alone. c. The owner of a one- or two-family dwelling shall keep the premises in good repair, and shall be responsible for compliance with the provisions of this code, except to the extent otherwise agreed between him and any tenant of such dwelling by lease or other contract in writing, or except insofar as responsibility for compliance with this code is imposed upon the tenant alone. Sec. D26-10.03 Duties of tenant a. A tenant shall, in addition to complying with all provisions of this code and the multiple dwelling law applicable to him, be responsible for violations of this code to the extent that he has the power to prevent the occurrence of a violation. A tenant has the power to prevent the occurrence of a violation if: (1) it is caused by his own willful act or that of a member of his family or household, or a guest; or (2) it is the result of his gross negligence, neglect or abuse, or the gross negligence, neglect or abuse of a member of his family, or household or a guest. b. The tenant, any member of his family or household, or his guest shall, with respect to the public parts of the premises, be liable if a violation is caused by his own willful act, gross negligence, neglect or abuse. c. The fact that a tenant is or may be liable for a violation of this code or any other law or is found liable for civil or criminal penalties does not relieve the owner of his obligation to keep the premises, and every part thereof, in good repair. Sec. D26-10.05 Certain specific duties of tenants and others In addition to other duties imposed upon him by this code, no tenant, or any other person, shall: a. remove or render inoperative any self-closing device on any door which is required by any provision of law to be self- closing, or cause or permit such door to be held open by any device; b. use, or cause or permit to be installed, a louvred door or screen door in addition to or in place of any required self- closing door to a public hall; c. place any encumbrance before or upon, or cause access to be obstructed to, any fire escape, or obstruct by a baby carriage or any encumbrance the public halls or any required means of egress; d. take down, alter, destroy, or in any way deface any sign required by this code to be displayed. Sec. D26-10.07 Owner's right of access No tenant shall refuse to permit the owner, or his agent or employee, to enter his dwelling unit or other space under his control to make repairs or improvements required by this code or other law or to inspect such apartment or other space to determine compliance with this code or any other provision of law, if the right of entry is exercised at a reasonable time and in a reasonable manner. The department may by regulation restrict the time and manner of such inspections. Sec. D26-10.09 Tenant violations as grounds for eviction Any conviction of a tenant for violation of this code which: (1) results from willful or grossly negligent conduct and causes substantial damage to the dwelling units; or (2) results from repeated or continued conduct which causes damage to the dwelling unit or substantially interferes with the comfort or safety of another person; or (3) consists of an unreasonable refusal to afford access to the dwelling unit to the owner or his agent or employee for the purpose of making repairs or improvements required by this code, shall constitute grounds for summary proceedings by the owner to recover possession of such dwelling unit from the tenant. ---------------------------------------------------------------- ARTICLE 11: Cleaning Section D26-11.01 Cleaning of Roofs, Yards, Courts and Other Open Spaces D26-11.03 Cleaning of Interior Shared Space D26-11.05 Cleaning of Interior of Dwelling Units ---------------------------------------------------------------- Sec. D26-11.01 Cleaning of roofs, yards, courts and other open spaces The owner of a dwelling containing two or more dwelling units, and the occupant of a single family dwelling shall keep the roof, yard, courts and other open spaces clean and free from dirt, filth, garbage or other offensive material. Sec. D26-11.03 Cleaning of interior shared space The owner of a dwelling shall maintain the public parts in a clean and sanitary condition. Sec. D26-11.05 Cleaning of interior of dwelling units a. The occupant of a dwelling shall maintain the dwelling unit which he occupies and controls in a clean and sanitary condition except as provided in subdivision (b) b. The owner of all rooming units in a rooming house or an entire multiple dwelling used for single room occupancy, or the person in control of an apartment containing rooming units, shall clean any such unit before any change in occupancy and at least once a week during the period of occupancy and shall at all times maintain the same in a clean and sanitary condition. ---------------------------------------------------------------- ARTICLE 12: Painting Section D26-12.01 Painting Or Public Parts and Within Dwellings D26-12.03 Window Frames and Fire Escapes D26-12.05 Courts and Shafts D26-12.07 Departmental Regulations Concerning Paint and Wall Covering and Quality and Frequency of Repainting or Re-covering ---------------------------------------------------------------- Sec. D26-12 01 Painting of public parts and within dwellings a. In the public parts of a multiple dwelling, and in a tenant- occupied dwelling unit in a one-or two-family dwelling, the owner shall: (1) paint or cover the walls and ceilings with wallpaper or other acceptable wall covering; and (2) repaint or re-cover the walls and ceilings with wallpaper or other acceptable wall covering whenever necessary in the judgment of the department to keep such surfaces sanitary. b. In occupied dwelling units in a multiple dwelling, the owner shall (1) paint or cover the walls and ceilings with wallpaper or other acceptable wall covering; and (2) repaint or re-cover the walls and ceilings with wallpaper or other acceptable wall covering every three years, and more often when required by contract or other provisions of law. c. The department may require a tenant of a dwelling unit in a multiple dwelling to repaint or recover the interior walls and ceilings of his dwelling unit with wallpaper or other acceptable wall covering if such walls and ceilings become unsanitary at any time within three years from the date of the last refinishing by the owner. However, if the tenant can show, to the satisfaction of the department, that the walls and ceilings have become unsanitary through no act or neglect of his own or of his family or guests, the department may require the owner to repaint or re-cover the same. This subsection does not relieve the owner from his duties under subsection (b)(2) of this section. d. The owner and tenant of any dwelling unit in a multiple dwelling may, by voluntary agreement, provide that the owner need not repaint in such unit as required by subsection (b) (2) of this section for such additional period, not to exceed two years, as may be agreed upon. Such an agreement to extend the time for repainting shall not be valid unless it has been entered into not earlier than one month prior to the expiration of the three-year period, and shall not form part of any agreement of lease. The department may prescribe the form of such agreements, require them to be filed, and may make such other regulations as may be necessary to avoid abuse, and to further the purposes of this article. Notwithstanding any agreement, the department may, during the period for which repainting is deferred by agreement, order repainting by the owner in any dwelling unit when deemed necessary to keep the walls and ceilings of such unit sanitary. This subsection shall not affect the applicability of subsection (c) of this section during the three years after any repainting or re-covering. e. Neither the owner nor a tenant of a dwelling unit shall place wallpaper or wall covering upon a wall or ceiling in the public or tenant-occupied parts of a dwelling unless existing wallpaper or wall covering is first removed and such wall or ceiling is cleaned and repaired. However, if wallpaper or wall covering is in good condition, free from vermin and a coat of acceptable paint or sizing is applied, one additional layer of wallpaper or wall covering may be applied. f. Nothing contained in this section shall be deemed to require the owner of a dwelling to cover with wallpaper or other acceptable covering any wall or ceiling not previously so covered by him. When a wall or ceiling of a dwelling unit has been decorated with paper, wood paneling, or other material over which paint normally is not applied, the owner shall be relieved of his obligation to repaint or recover such wall or ceiling so long as the same remains in a sanitary condition, in the judgment of the department. When the department requires redecoration of such wall or ceiling, the tenant shall remove any paper, wall covering, wood paneling or other material which he himself has applied before the owner is required to clean and repair and repaint or re-cover. However, if the owner or a former tenant has applied paper, wall covering, wood paneling or other material, the owner shall be responsible for its removal before redecoration. g. The owner of a multiple dwelling shall keep and maintain records relating to the refinishing of public parts and dwelling units showing when such parts were last painted or papered or covered with acceptable material and who performed the work. Such records shall be open to inspection by the department, and shall be submitted to the department upon request. Sec. D26-12.03 Window frames and fire escapes a. At least once every five years, the owner of a dwelling shall paint all exterior window frames and sashes with one coat of an exterior paint. The department may require a more frequent repainting of any window frame or sash, as it deems necessary. This subsection shall not apply to window frames and sashes of approved atmospheric corrosion resistant metal. b. The owner of a dwelling shall paint every fire escape with two coats of paint of contrasting colors. The owner shall paint the first coat before and the second after erection of a new fire escape, except that this shall not apply to fire escapes constructed of approved atmospheric corrosion resistant metal. Whenever a fire escape becomes corroded, the owner shall scrape and remove the corrosion products and repaint it with two coats of paint of contrasting colors. Sec. D26-12.05 Courts and shafts a. The owner of a multiple dwelling shall whitewash the walls enclosing all courts and shafts not made of light-colored brick or stone or shall paint such walls a light color, and shall maintain them in a clean condition. b. As often as it deems necessary, the department may require the owner of a multiple dwelling: (1) to rewhitewash or repaint the walls enclosing courts and shafts not made of a light colored brick or stone, and (2) to clean the walls enclosing courts and shafts made of a light-colored brick or stone. c. This section does not apply to: (1) outer courts which open on a street; or (2) courts which exceed the minimum dimensions set forth in section 26 of the multiple dwelling law by at least 50 per cent. Sec. D26-12.07 Departmental regulations concerning paint and wall covering and quality and frequency of repainting or re-covering a. The department may by regulation prescribe or approve the kind and quality of paints or wall covering which may be used to satisfy the requirements of this article. b. The department may by regulation extend the time for repainting when in its judgment the particular kind and quality of paint or wall covering used is designed to wear for considerably longer periods of time than the time set for repainting in this article. An owner who uses such long- wearing paints or wall covering shall inform the department prior to his doing so in accordance with departmental regulations. ---------------------------------------------------------------- ARTICLE 13: Extermination and Rodent Eradication Section D26-13.01 Definitions D26-13.03 Rodent and Insect Eradication; Mandatory Extermination D26-13.05 Elimination of Harborages ---------------------------------------------------------------- Sec. D26-13.01 Definitions When used in this article: (a) Eradication means the elimination of rodents or insects and other pests from any premises through the use of traps, poisons, fumigation or any other method of extermination. (b) Insects and other pests include the members of class insects, including houseflies, lice, bees, cockroaches, moths, silverfish, beetles, bedbugs, ants, termites, hornets, mosquitoes and wasps, and such members of the phylum arthopoda as spiders, mites, ticks, centipedes and wood lice. (c) Harborage means any condition which provides shelter or protection for rodents or insects and other pests. Sec. D26-13.03 Rodent and insect eradication; mandatory extermination a. The owner or occupant in control of a dwelling shall keep the premises free from rodents, and from infestations of insects and other pests, and from any condition conducive to rodent or insect and other pest life. b. When any premises is subject to infestation by rodents or insects and other pests, the owner or occupant in control shall apply continuous eradication measures. c. When the department makes the determination that any premises are infested by rodents, insects or other pests, it may order such eradication measures as the department deems necessary. Sec. D26-13.05 Elimination of harborages All building material, lumber, boxes, cartons, barrels, containers, machinery. raw material, fabricated goods, junk, food, animal feed and any other substance which may afford harborage or provide food for such rodents or insects and other pests shall be kept stored or handled by the owner and tenants of every dwelling in such manner as the department may require. The department may make orders to eliminate rat harborages to the person who is responsible for the conditions. The department shall uncover and inspect periodically all structural harborages which cannot be eliminated from dwellings. ---------------------------------------------------------------- ARTICLE 14: Collection of Wastes Section D26-14.01 Definitions D26-14.03 Receptacles for Waste Matter D26-14.05 Frequency of Collection of Waste Matter from Dwelling Units in Multiple Dwellings D26-14.07 Collection of Waste Matter from Dwelling units in One- and Two-Family Dwellings ---------------------------------------------------------------- Sec. D26-14.01 Definitions When used in this article: (a) Organic wastes shall mean all wastes produced by or from living organisms. (b) Inorganic wastes shall mean all waste other than organic wastes, including discarded lumber, wood shavings and furniture. (c) Household wastes shall mean all wastes, organic and inorganic, which are produced within a dwelling unit. Sec. D26-14.03 Receptacles for waste matter a. The owner or occupant in control of a dwelling shall provide and maintain metal cans, or other receptacles jointly approved as to specifications by the department, the environmental protection administration and the department of health, for the exclusive use of each building, which shall be of sufficient size and number to contain the wastes accumulated in such building during a period of 72 hours. No receptacle shall he filled to a height so as to prevent the effective closure thereof and no receptacle shall weigh more than 100 pounds when filled. The receptacles shall be so constructed as to hold their contents without leakage. Metal cans shall be provided with tight-fitting covers and other receptacles shall be effectively closed. When requested by the environmental protection administration, the owner or occupant in control shall separate and place in separate receptacles, ashes, organic and inorganic wastes. Nothing contained in this subsection shall prevent the department, the environmental protection administration and the department of health from jointly approving as to specifications other systems for the disposal of waste utilizing containers of larger size and different construction as may be appropriate for such systems. (Subd. a amended by L. L. 1971, No. 11, Jan. 25. ) b. Metal cans shall he kept within the dwelling or as required by the department until the time for removal of their contents when they shall he placed in front of the dwelling. When inside storage is required, receptacles of other materials shall be kept in a metal can or a rat-proof and fire-proof room until the time of their removal when they shall be removed from the metal can and he neatly stacked in front of the dwelling. After the contents have been removed by the environmental protection administration, any receptacles remaining shall be returned promptly to their place of storage. Metal cans shall be kept covered at all times and shall be disinfected regularly and maintained in a sanitary condition. Yard sweepings, hedge cuttings, grass, leaves, earth, stone, or bricks shall not be mixed with household wastes. (Subd. b amended by L. L. 1971, No. 11, Jan. 25. ) c. Newspapers, wrapping paper, or other inorganic wastes which are likely to be blown or scattered about the streets shall be securely bundled, tied or packed before being placed for collection. Such material shall be kept and placed for collection in the same manner as the receptacles. Sec. D26-14.05 Frequency of collection of waste matter from dwelling units in multiple dwellings a. The owner of a multiple dwelling shall not allow the accumulation except in a lawful receptacle of ashes or any type of waste matter in any part of the premises. b. In multiple dwellings where the owner provides dumbwaiter service, all waste matter shall be collected at least once daily and deposited in separate receptacles. c. In multiple dwellings where no dumbwaiter service is provided, the owner shall provide between the hours of seven a.m. and ten a.m. or between five p.m. and eight p.m. daily: (1) a sufficient number of receptacles but in no event less than two within the dwelling or other area approved by the department which are accessible to the tenants. Such receptacles shall be removed promptly upon the expiration of the selected time period and taken to their place of storage; or (2) a pick-up service at each dwelling unit to collect ashes and wastes for deposit in the receptacles referred to in section D26-14.03 of this article. The owner shall post and maintain a notice in a conspicuous place in the dwelling informing the tenants of the hour and method of collection. A new notice shall be posted and maintained within 48 hours preceding any change in such hour or method. d. The tenant of a multiple dwelling shall dispose of waste matter in accordance with the method provided by the owner under subsection (b) or (c) of this section. The tenant shall not accumulate any waste matter in his dwelling unit so as to create a condition which is unsanitary or a fire hazard in the judgment of the department. e. Subsections (b), (c) and (d) shall not apply to any multiple dwelling where regular incinerator services or other means of disposal approved by the department are provided. The tenant in such a dwelling shall dispose of waste matter in an incinerator or by such other approved means of disposal and shall not permit wastes to accumulate so as to create a condition which is unsanitary or a fire hazard in the judgment of the department. Sec. D26-14.07 Collection of waste matter from dwelling units in one- and two-family dwellings The owner and occupants of a one- or two-family dwelling shall provide for the regular collection of waste matter from dwelling units and its deposit in the receptacles required by section D26- 14.03, and shall not permit ashes or any type of waste matter to accumulate in any part of the premises so as to create a condition which is unsanitary or a fire hazard in the judgment of the department. ---------------------------------------------------------------- ARTICLE 15: Water Supply Section D26-15.01 Water Supply to Buildings D26-15.03 Water Supply to Individual Units and Fixtures ---------------------------------------------------------------- Sec. D26-15.01 Water supply to buildings The owner of a dwelling shall provide and maintain a supply of pure and wholesome water sufficient in quantity and at sufficient pressure to keep all plumbing fixtures adequately supplied for their sanitary maintenance. Where water mains are available in the street, every dwelling shall be supplied with water from such mains. The owner shall keep the water free from connection to any unsafe water supply or from cross-connections to any drainage system. Sec. D26-15.03 Water supply to individual units and fixtures The owner of a dwelling shall provide proper appliances for the use of every dwelling unit to receive and distribute an adequate supply of water during all hours. ---------------------------------------------------------------- ARTICLE 16: Sewers and Drainage Section D26-16.01 Maintenance of Sewer Connections and Plumbing Fixtures D26-16.03 Drainage of Roofs and Court Yards ---------------------------------------------------------------- Sec. D26-16.01 Maintenance of sewer connection and plumbing fixtures The owner of a dwelling shall properly maintain and keep in good repair the plumbing and drainage system, including water closets, toilets, sinks and other fixtures. Sec. D26-16.03 Drainage of roofs and court yards a. The owner of a dwelling shall grade and maintain the grading of all roofs, terraces, shafts, courts yards, and other open spaces on the lot, and shall provide and maintain unobstructed drainage from these areas and spaces through a drain connected to a street storm-water main or combined sewer and street storm-water main. In the absence of a street storm-water main or combined sewer and street storm- water main, the department may permit the storm water from such areas to drain into a street gutter leading to a natural channel, water course, or dry well. b. The owner of a dwelling shall provide and maintain drainage from all roofs to carry off storm water, to prevent it from dripping to the ground, or from causing dampness in walls, ceilings, and open spaces. c. The department may require the owner of a dwelling to surface shafts, courts, yards, and other open spaces on the lot with concrete, and to pitch the surfaces of such areas towards a sewer-connected drain or other adequate drainage system, except that, with respect to private dwellings, the department may permit the surfacing of such areas with bitumineous* aggregate or other similar material. d. The owner of a dwelling may plant grass, sod, shrubs, trees and other vegetation in yards and courts, unless the department orders its removal because in its opinion such vegetation interferes with proper drainage, light, ventilation, or egress. ---------------------------------------------------------------- ARTICLE 17: Heat and Hot Water Section D26-17.01 Central Heat or Electric or Gas Heating System; When Required D26-17.03 Minimum Temperature to be Maintained D26-17.05 Self-inspection of Central Heating Plants D26-17.07 Supply of Hot Water; When Required D26-17.09 Gas-fueled or Electric Heaters ---------------------------------------------------------------- Sec. D26-17.01 Central heat or electric or gas heating system; when required Except as otherwise provided in this article. every multiple dwelling and every tenant-occupied one- or two-family dwelling shall he provided with heat from a central heating system constructed in accordance with the provisions of the building code and the regulations or the department. A system of gas or electric heating provided for each dwelling unit may, if approved by the department, be utilized in lieu of a central heating system if (1) the system is lawfully in use on the effective date of this code; or (2) the system is approved by the appropriate city agencies having jurisdiction and is installed in a structure or building erected. converted. substantially rehabilitated, or completely vacated, after the effective date of this code. Sec. D26-17.03 Minimum temperature to be maintained a. During the period from October 1 through May 31, centrally supplied heat, in any dwelling in which such heat is required to be provided, shall be furnished so as to maintain in every portion of such dwelling used or occupied for living purposes: (1) between the hours of six a.m. and ten p.m. a temperature of at least 68 degrees Fahrenheit whenever the outside temperature falls below 55 degrees: and (2) between the hours of ten p.m. and six a.m. a temperature of at least 55 degrees Fahrenheit whenever the outside temperature falls below 40 degrees. b. During the period from October I through May 31. all central heating systems required under this article shall be maintained free of any device which shall cause or which is capable of causing an otherwise operable central heating system to become incapable of providing the minimum requirements of heat or hot water as required by this article for any period of time. This subdivision shall not apply to any safety device required by law, or by a rule or regulation of any city agency, to be used in conjunction with a central heating system. (Subd. b added by LL. 1978, No. 43, Sept. 22, amended by LL. 1981, No. 76, Oct. 1, 1981, eff. Oct. 31, 1981.) Sec. D26-17.05 Self-inspection of central heating plants The owner of a private dwelling or a multiple dwelling containing six or less units, occupied in whole or in part by a tenant or tenants, in which there was a breakdown or other failure in central heating system, under the control of the owner, shall cause the furnace, boiler or other central heating system to be inspected by a qualified person in the period between January first and September thirtieth subsequent to the breakdown. The owner of a multiple dwelling containing more than six units shall cause the furnace, boiler or other central heating system to be inspected by a qualified person between January first and September thirtieth of each year. The department shall, by regulation, provide criteria as to the qualification of and certify such persons. In addition to testing the efficiency and adequacy of the heating system, the central heating system or water heating appliance and its flues, vents and dampers shall be inspected for escape of carbon monoxide gas. The findings on inspection shall be recorded on forms approved by the department within fifteen days following the inspection and shall be delivered to the owner, who shall file a copy with the department within seven days of the receipt of such findings. Before October fifteenth all defects as found upon the inspection shall be corrected. The failure to file a copy of the report shall be a class C violation for the purpose of subdivision (d) of section D26-51.01 of the code. Even after such violation is placed the owner may file such report and the department shall enter a notation in its records of the date on which such report was accepted by the department. After the date of acceptance by the department the per diem penalty shall be stayed. The department shall maintain the violation on its records, with a notation of the date on which such report was accepted by the department until the May 31st following the year in which the report was to be filed. Notwithstanding any other provision of this code. the department may serve a notice of violation of failure to file a copy of the report in the same manner as a class A or class B violation and shall not be required to serve such notice by registered or certified mail. The provisions of this section shall not apply to dwellings owned or operated by the New York City housing authority. Notwithstanding the provisions of any other law, failure by an owner of a dwelling required to file an inspection report prior to December thirty-first, nineteen hundred seventy-nine shall not be deemed a violation under the provisions off the article. (Amended by L. 1978, ch. 132, May 16, eff. Jan. 1, 1979; L. 1980, ch. 59, April 8, L. L. 1980, No. 47, Sept. 8.) Sec. D26-17.07 Supply of hot water; when required Except as otherwise provided in this article, every bath, shower, washbasin and sink in any dwelling unit in a multiple dwelling or tenant-occupied one-family or two-family dwelling shall be supplied at all times between the hours of six a.m. and midnight with hot water at a constant minimum temperature of 120 degrees Fahrenheit from a central source of supply constructed in accordance with the provisions of the building code and the regulations of the department. Gas or electric water heaters may, if approved by the department, be utilized in lieu of a central source of supply of hot water if such heaters (1) are lawfully in use on the effective date of this code; or (2) are approved by the appropriate city agencies having jurisdiction and are installed in a structure or building erected, converted, substantially rehabilitated, or completely vacated after the effective date of this code. Sec. D26-17.09 Gas-fueled or electric heaters a. Gas-fueled or electric space or water heaters, where permitted by this article as an alternative to a central supply of heat or hot water, shall be governed by the provisions of this section. b. The capacity, number and location of such heaters shall be such as to furnish the same standard of heat or hot water supply, as the case may be, as is required to be furnished from a central heat or hot water system. c. Electric heaters shall be approved by Underwriters Laboratories, Inc. and shall comply with applicable provisions of the building code and the multiple dwelling law. d. Gas-fueled heaters shall comply with article 18 of this code and with applicable provisions of the building code and the multiple dwelling law, but any such heater lawfully in existence on the effective date of this code which does not comply with section D26-18.01(b) shall comply with such section by July fourteenth, nineteen hundred seventy-eight. No person shall cause or permit to be occupied for sleeping purposes any room containing such a non-complying heater. Any heater installed in replacement of any such non- complying heater shall comply with all provisions of article eighteen. (Subd. amended by L. L. 1977, No. 73, Oct. 6.) e. The owner shall not, unless otherwise agreed between owner and tenant, be required to pay for the gas or electricity used by such heaters. f. Notwithstanding any provision of prior law, it shall be the duty of the owner to keep each such heater in good repair and good operating condition. regardless of the identity of the person originally owning or installing the heater. g. The owner shall instruct each successive tenant of an apartment in which such heaters are installed as to safe and proper method of using and operating such heaters. h. The department may make and enforce regulations supplementary to the provisions of this section and article 18 of this code to secure an adequate supply of heat and hot water and to protect the health and safety of tenants. ---------------------------------------------------------------- ARTICLE 18: Gas Appliances Section D26-18.01 Space and Water Heaters D26-18.03 Gas-fired Refrigerators D26-18.05 Self-inspection of Gas heaters ---------------------------------------------------------------- Sec. D26-18.01 Space and water heaters a. Any gas-fueled space or water heater used in any dwelling unit, in addition to the provisions of section D26-17.09 of this code, shall comply with the provisions of this section and with the regulations of the department. b. No person shall install or maintain in any dwelling unit a gas-fueled space or water heater unless the heater obtains combustion air directly from the outside of the building. c. No person shall install or maintain a gas-fueled water heater in a room occupied for sleeping purposes, or cause or permit to he occupied for sleeping purposes any room in which a gas-fueled water heater is installed. d. No person shall install or maintain in any dwelling unit a gas-fueled water heater so designed and arranged that it heats water in pipe coils placed at a distance from the hot water storage tank. e. Every gas-fueled space or water heater shall be approved by the American Gas Association and by the department of health or shall have a certificate of listing issued for the heating unit by the American Gas Association and approved by the department of health. All accessories or control devices for use with such heaters shall have such a certificate of listing. f. Each heater shall be equipped with an effective device which will automatically shut off the gas supply to the heater if its pilot light or other constantly burning flame is extinguished, or in the event of an interruption of the gas supply to the heater, and will not permit the heater to be relighted unless such shut-off device is first rest manually. g. Each heater shall be rigidly connected to the gas piping supplying gas in the premises. h. Each heater shall be connected to a flue or outlet pipe conforming to the provisions of the building code. No heater shall be vented to an inner court. A flu or outlet pipe may be extended to an inner court if the flue or pipe is connected with an outside chimney which conforms with the provisions of the building code. Sec. D26-18.03 Gas-fired refrigerators a. It shall be unlawful to install or furnish for use or to use, operate, or permit to be used or operated in a dwelling any gas-fired refrigerator: (1) which utilizes a water-cooled gas-fired refrigerator unit; or (2) which is not equipped with a flue and flue components wholly composed of a non-metallic material or of molybdenum stainless steel or aluminum; or (3) which is not equipped with a fixed mounted dust incinerating type of gas burner, gas pressure regulator, gas supply filter, and thermostat; or (4) which does not have a properly operating automatic regulating or safety device of a type installed or specified by the manufacturer, or which has a clogged flue, or an improperly operating burner, or which gives off excessive heat or odors or discharges carbon monoxide or is otherwise defective. b. Inspectors or other duly authorized representatives of the department may seal any refrigerator which is in violation of this section. Any refrigerator so sealed shall not be installed, used, or operated without the written permission of the department. Sec. D26-18.05 Self-inspection of gas appliances The owner shall cause an inspection to be made by a licensed plumber, utility company or other qualified gas service person of each gas-fueled space heater and, in an old law tenement or in any rooming unit, of each gas appliance, at least once a year. The findings on inspection shall be recorded on forms approved by the department and shall be kept on file by the owner for a period of one year. Such inspection reports shall be submitted to the department upon request but shall not be subject to inspection by others or to subpoena, or used in or as the basis of prosecution for the existence of a defect on the date of inspection. (Amended by L. L. 1977, No. 73, Oct. 6.) ---------------------------------------------------------------- ARTICLE 19: Artificial Lighting Section D26-19.01 Duty to Provide Electric Lighting Equipment in all Dwellings D26-19.03 Electric Lighting Fixtures in Certain Public Parts of Dwellings; Fixtures and Lights Required D26-19.05 Lighting to be Provided at Night Owners Responsibility D26-19.07 Lights Near Entrance Ways and in Yards and Courts of Multiple Dwellings ---------------------------------------------------------------- Sec. D26-19.01 Duty to provide electric lighting equipment in all dwellings The owner shall equip every dwelling for lighting by electricity. He shall provide and maintain light fixtures to provide lighting for all public parts in a dwelling, including the means of egress, for every room, water-closet compartment and bathroom in every dwelling unit, and for every water-closet without the dwelling unit. In addition to required light fixtures, the owner shall install and maintain such receptacle outlets as may be required by the electrical code. Except as otherwise provided in this code or in the electrical code, the owner may substitute an additional receptacle outlet for a required light fixture in living rooms other than kitchens. Sec. D26-19.03 Electric lighting fixtures in certain public parts of dwellings; fixtures and lights required a. In every multiple dwelling and tenant-occupied two-family dwelling the owner shall provide electric lighting fixtures for every public hall, stair, firestair and fire tower on every floor, in accordance with the following requirements: (1) If an incandescent lighting fixture is provided, it shall be capable of providing illumination of at least ten watts per 25 square feet of floor-area or fraction thereof. Each lighting fixture shall he provided with one or more lights of a total of not less. than 60 watts. Where, under this requirement, the number of watts per fixture would exceed 100, one or more additional fixtures shall be provided and shall be located as may he prescribed by the department, except where the distance from the fixture to the furthest intersecting wall does not exceed 20 feet. (2) If a fluorescent lighting fixture is provided, it shall he capable of providing illumination of at least four watts cool white fluorescent light per 25 square feet of floor-area or fraction thereof. Each lighting fixture shall be provided with one or more lights of a total of not less than 20 watts. Where, under this requirement, the number of watts per fixture would exceed 40, one or more additional fixtures shall be provided and shall be located as may be prescribed by the department, except where the distance from the fixture to the farthest intersecting wall does not exceed 20 feet. (3) In every multiple dwelling hereafter erected, in addition to other lighting requirements, a sufficient number of incandescent or fluorescent fixtures shall be provided so that the distance between fixtures is not more than 30 feet and so that no wall is more than 15 feet distant from a fixture. b. The department may approve electric lighting for public halls, stairs, fire-stairs and fire towers other than the incandescent and fluorescent lighting required in subsection (a) if such other method of electric lighting provides equivalent illumination, and meets the requirements of the electrical code. c. Notwithstanding any other requirement of this section, the department may require fixtures to be so located, and additional fixtures to be installed, in order to assure that every pan of every public hall, stair, fire-stair or fire tower is adequately lighted. Sec. D26-19.05 Lighting to be provided at night; owner's responsibility a. The owner of a multiple dwelling shall turn on all required lights in every public hall and stair at sunset every day and shall keep them on until sunrise the day following. b. The owner of a multiple dwelling shall keep all required lights burning continuously (1) in every fire-stair and fire tower; (2) in every stair and public hall where there is no window opening on a street, court, yard, space above a setback, or on a shaft; and (3) in every stair and public hall where there is a window which in the opinion of the department does not provide adequate natural light. c. The owner of a multiple dwelling shall provide electric light at all hours of the day and night in rooms or spaces in multiple dwellings in which laundry equipment is provided for the common use of the occupants whenever natural light is insufficient in the opinion of the department. d. The owner of a multiple dwelling shall install and maintain in working condition a lighting fixture that can be turned on by a tenant or by the mail carrier directly over a mail box or other receptacle for mail if the natural light in the public hall is not sufficient to read the names on each mail box or receptacle. e. The owner of a multiple dwelling shall not be responsible if any required light becomes extinguished and remains so if he can show to the satisfaction of the department or the court that it became and remained extinguished without his knowledge or consent. Sec. D26-19.07 Lights near entrance ways and in yards and courts of multiple dwellings a. The owner of a multiple dwelling shall install and maintain one or more lights at or near the outside of the front entrance way of the building which shall in the aggregate provide not less than 50 watts incandescent illumination or its equivalent for a building with a frontage up to 22 feet, and 100 watts incandescent illumination or its equivalent for a building with a frontage in excess of 22 feet. In the case of a multiple dwelling with a frontage in excess of 22 feet and front entrance doors with a combined width in excess of five feet, the owner shall install at least two lights, one on each side of the entrance way, with an aggregate illumination of 150 watts incandescent illumination or its equivalent. If the minimum level of illumination is maintained, the owner may determine details of location, design and installation of lighting fixtures, subject, however, to regulations of the department with respect to the maximum height above or distance from the entrance way of such fixtures, and the electrical and other safety of their installation. The lights required by this subsection shall be kept burning from sunset on each day to sunrise on the day following. b. The owner of a multiple dwelling shall install and maintain in every yard and court one or more lights of at least 40 watts of incandescent illumination or its equivalent, in such locations as the department may prescribe. The lights required by this subsection shall be kept burning from sunset on each day to sunrise on the day following. ---------------------------------------------------------------- ARTICLE 20: Protective Devices and Fire Protection Section D26-20.01 Peepholes D26-20.03 Mirrors in Elevators D26-20.05 Locks in Dwelling Unit Doors D26-20.07 Fire Protection in Certain Old Law Tenements ---------------------------------------------------------------- Sec. D26-20.01 Peepholes In every dwelling the owner shall provide and maintain a peephole in the entrance door of each dwelling unit. Such peephole shall be located, as prescribed by the department, in such a place that the person in each dwelling unit may view from the inside any person immediately outside the entrance door. However, such peephole need not be installed In any tenant-occupied one- or two- family home where it is possible to see from the inside any person immediately outside the entrance door. This section shall not apply to hotels, apartment hotels, college or school dormitories, or owner-occupied dwelling units in one- and two- family homes. Sec. D26-20.03 Mirrors in elevators The owner of a multiple dwelling in which there arc one or more self-service elevators shall affix and maintain in each such elevator a mirror which enables persons to view its interior before entering the same. The mirror shall meet such requirements as the department shall by regulation prescribe. Sec. D26-20.05 Locks in dwelling unit doors a. The owner of a dwelling shall provide a key lock in the entrance door to each dwelling unit and at least one key. In a class A multiple dwelling such door shall be equipped with a heavy duty latch set and a heavy duty dead bolt operable by a key from the outside and a thumb-turn from the inside. b. Each dwelling unit entrance door in a Class A multiple dwelling shall also be equipped with a chain door guard so as to permit partial opening of the door. (Amended by L. L. 1971, No. 8, Jan. 22, eff. March 31.) Sec. D26-20.07 Fire protection in certain old law tenements a. In every old law tenement which is less than four stories in height: (1) Every door opening into any entrance hall or stair, or into any public hall connected therewith, shall be self- closing; every glazed opening or glazed panel in such a door shall be glazed with wire glass, and every transom opening upon any public hall shall be glazed with wire glass firmly secured in a closed position; and (2) Every interior sash, or opening other than a door, in the walls or partitions of any such hall, and every window in any such hall not opening to the outer air, shall be removed and the openings closed up and fire- retarded, and (3) The ceiling of the cellar, or if there is no cellar, of the basement or other lowest story, shall be fire- retarded unless such ceiling already has been plastered or covered in a manner satisfactory to the department with plaster board or gypsum board at least one-half inch in thickness. b. In every old law tenement which is four stories or more in height: (1) On all stories above the third story, every apartment door opening into any stair or into any public hall connected therewith, unless such stair or public hall is protected by an approved sprinkler system shall have a fire resistance rating of at least one hour. Existing door frames in good condition may be retained. All such doors shall comply with this requirement, not later than six months after the effective date of this local law. (2) For all stories below the fourth story, any application for an alteration permit for alterations to be made in an apartment below the fourth story shall include the provision that every door of such apartment opening into any entrance hall, stair or into any public hall connected therewith, unless such entrance hall, stair or public hall is protected by an approved sprinkler system, shall have a fire resistance rating of at least one hour. Existing door frames in good condition may be retained. (3) Where apartment doors having a fire resistance rating of at least one hour are required, every transom opening upon any entrance hall, stair or public hall connected therewith shall be sealed and fire-retarded. All other transoms opening upon any entrance hall, stair or public hall connected therewith shall be glazed with wire glass and permanently sealed in a closed position. (4) All doors opening into any entrance hall, stair or into any public hall connected therewith shall be self- closing; every glazed opening or glazed panel in such a door shall be glazed with wire glass. (Amended by L. L. 1971, No. 11. Jan. 25; L. L. 1973, No. 17, May 2.) Sec. D26-20.08 Duties of owner and occupant with respect to installation and maintenance of smoke detecting devices in class A multiple dwelling. a. It shall be the duty of the owner of a class A multiple dwelling which is required to be equipped with smoke detecting devices pursuant to sub-article 1705.0 of article seventeen of title C of chapter twenty-six of this code to: (1) Provide and install one or more approved and operational smoke detecting devices in each dwelling unit. Such devices shall be installed in accordance with the requirements of Reference Standard 17-12. (2) Post a notice in a form approved by the commissioner in a common area of the building informing the occupants of such building that the owner is required by law to install one or more approved and operational smoke detecting devices in each dwelling unit in the building and that each occupant is responsible for the maintenance and repair of such devices and for replacing any or all such devices which are stolen, removed, missing or rendered inoperable during the occupancy of such dwelling unit. (3) Replace any smoke detecting device which has been stolen, removed, missing or rendered inoperable during a prior occupancy of the dwelling unit and which has not been replaced by the prior occupant prior to the commencement of a new occupancy of a dwelling unit. (4) Replace within thirty calendar days after the receipt of written notice any such device which becomes inoperable within one year of the installation of such device due to a defect in the manufacture of such device and through no fault of the occupant of the dwelling unit. (5) Keep such records as the commissioner shall prescribe relating to the installation and maintenance of smoke detecting devices in the building and make such records available to the commissioner upon request. b. Notwithstanding the provisions of subdivision a of Section D26-10.01 of this code and subdivision c of Section D26- 10.03 of this code, it shall be the sole duty of the occupant of each dwelling unit in a class A multiple dwelling in which a smoke detecting device has been provided and installed by the owner pursuant to the provisions of sub- article 1705.0 of article seventeen of title C of chapter twenty-six of this code to: (1) keep and maintain such device in good repair; and (2) replace any and all devices which are either stolen removed missing or rendered inoperable during the occupancy of such dwelling unit. c. Except as otherwise provided in paragraphs (3) and (4) of subdivision a of this section an owner of a class A multiple dwelling who has provided and installed a smoke detecting device in a dwelling unit pursuant to this section shall not required to keep and maintain such device in good repair or to replace any such device which is stolen removed missing or rendered inoperable during the occupancy of such dwelling unit. d. The occupant of a dwelling unit in which a battery-operated smoke detecting device is provided and installed pursuant to this section shall reimburse the owner a maximum of ten dollars for the cost of providing and installing each such device. The occupant shall have one year from the date of installation to make such reimbursement. (Added by L. L. 1982 No. 62. July 27 ) Sec. D26-20.09 Duties of owner with respect to installation and maintenance of smoke detecting devices in class B multiple dwellings. It shall be the duty of the owner of a class B multiple dwelling which is required to be equipped with smoke detecting devices pursuant to sub-article 1705.0 of article seventeen of title C of chapter twenty-six if this code to: (1) provide and install one or more approved and operational smoke detecting devices in each dwelling unit or, in the alternative, provide and install a line-operated zoned smoke detecting system with central annunciation and central office tie-in for all public corridors and public spaces, pursuant to rules and regulations promulgated by the commissioner of buildings (2) keep and maintain smoke detecting devices in good repair. (3) replace any smoke detecting device which has been stolen, removed, missing or rendered inoperable prior to the commencement of a new occupancy of a dwelling unit (4) keep such records as the commissioner shall prescribe relating to the installation and maintenance of smoke detecting devices in each dwelling unit and make such records available to the commissioner upon request (Added by L. L. 1981, No. 62, July 27.) ---------------------------------------------------------------- ARTICLE 21: Miscellaneous Services and Facilities Section D26-21.01 Mail Service D26-21.03 Floor Signs D26-21.05 Street Numbers D26-21.07 Inspection of Required Sprinklers in Converted Dwellings and Dwellings Used for Single Room Occupancy D26-21.09 Maintenance of Rooming Units ---------------------------------------------------------------- Sec. D26-21.01 Mail service The owner of a multiple dwelling shall either: (1) arrange for mail to be delivered to himself, his agents, or employees for prompt distribution to the occupants, or (2) provide and maintain approved mail receptacles and directories of persons living in the dwelling, as provided by federal law and by the regulations of the post office department. Sec. D26-21.03 Floor signs The owner of a multiple dwelling more than two stories in height shall post and maintain a sign, of sufficient size to be readily seen, which states the number of the floor. Such signs shall be located in the public hall near the stairs and elevator, and within any stair enclosure. Sec. D26--21.05 Street numbers The owner of a dwelling shall post and maintain street numbers on the dwelling, which are plainly visible from the sidewalk in front of the dwelling, in accordance with section 82(3)-1.0 of the administrative code and the rules and regulations issued by the borough presidents thereunder. Sec. D26-21.07 Inspection of required sprinklers in converted dwellings and dwellings used for single room occupancy a. In every converted dwelling, or in every tenement used, in whole or in part, for single room occupancy in which a sprinkler system has been installed pursuant to the requirements of the multiple dwelling law, the owner shall have an annual test and inspection of such sprinkler system made by a licensed plumber or sprinkler system contractor. b. For the purposes of such test. the owner shall provide an angle hose valve or sill cock threaded on the outlet side for standard garden hose couplings at the extreme end of the highest line of sprinklers. A piece of garden hose ten feet in length with female coupling shall be kept on the premises. There shall be available for use by the tester a pail of at least ten quarts capacity. c. The person conducting the inspection shall perform the following tests: (1) obtain and record the static pressure at the test valve by means of a hydraulic gauge. (2) connect the test hose to the test valve and drain off into a pail or other suitable receptacle not less than ten quarts of water to insure that the system is operative and that there is a full and free flow of water (3) check the valve on the main supply to the system making certain the valve is fully open and sealed in such open position. (4) check the system to insure that all sprinkler heads are in place, and shall incorporate in his report the findings d. The owner, resident manager or janitor shall witness the test. e. A report of the test, signed by the tester and witness, shall be filed, within ten days thereafter, with the superintendent of buildings for the borough in which the dwelling is located; and a copy of such report shall be kept on the premises in the care of the owner, resident manager or janitor. f. If the system is found defective, the owner or his authorized agent shall notify the fire commissioner through the local firehouse and the superintendent within 24 hours after the test, and shall promptly cure such defect. Sec. D26-21.09 Maintenance of rooming units A manager, who may be the owner, shall reside in every rooming house or multiple dwelling used for single room occupancy, except that two adjoining or connected rooming houses may be under the same supervision. The manager shall be responsible for the operation and maintenance of the dwelling. ---------------------------------------------------------------- ARTICLE 22: Janitorial Services Section D26-22.01 Definitions D26-22.03 Obligations of Owner D26-22.05 Residence of Person Performing Janitorial Services; Limitation on Number of Dwelling Units Served D26-22.07 Certification of Competency D26-22.09 Exemption of New York City Housing Authority ---------------------------------------------------------------- Sec. D26-22 01 Definitions When used in this article: (a) Janitorial services means: cleaning and maintenance, including the making of minor repairs; the furnishing of heat and hot water, where supplied from a central source; the removal of garbage, refuse, ashes and wastes from the premises; and the removal of snow, ice. dirt and other matter from the sidewalk and gutter. (b) Janitor means a person employed to perform janitorial services. Sec. D26-22.03 Obligations of owner a. The owner of a multiple dwelling shall provide adequate janitorial services. b. In a multiple dwelling of nine or more dwelling units, the owner shall either: (1) perform the janitorial services himself, if he is a resident owner; or (2) provide a janitor; or (3) provide for janitorial services to be performed on a 24- hour-a-day basis in a manner approved by the department. c. The owner of a multiple dwelling or his managing agent in control shall post and maintain in such dwelling a legible sign, conspicuously displayed, containing the janitor's name, address (including apartment number) and telephone number. A new identification sign shall be posted and maintained within five days following a change of janitor. (Subd. c amended by L. L. 1978, No. 28, Sept. 14.) Sec. D26-22.05 Residence of person performing janitorial services; limitation on number of dwelling units served The person who performs janitorial services for a multiple dwelling of nine or more dwelling units (other than where janitorial services are performed on a 24-hour-a-day basis under section D26-22.03 (b)(3) shall reside in or within a distance of one block or 200 feet from the dwelling, whichever is greater, unless the owner resides in the multiple dwelling. Where two or three multiple dwellings are connected or adjoining, it shall be sufficient, however, that the person who performs janitorial services resides in one of these, but no person who performs janitorial services for more than one multiple dwelling may service more than 65 dwelling units. Regardless of residence the janitor must have a telephone where the janitor may reasonably be expected to be reached. (Amended by L. L 1978, No. 28, Sept. 14.) Sec. D26-22.07 Certification of competency a. Except as provided in subsection (b), the owner who is required to employ a janitor shall certify in writing to the department that his janitor is competent to perform janitorial services required to be performed by this article in a competent fashion and is capable of operating the incinerator and the furnace, boiler and other machinery that provides central heat and hot water. The owner shall submit a new certificate of the janitor's competency to the department no later than 60 days after hiring a new janitor. b. No such certification shall be required concerning a janitor who has satisfactorily completed a course of not less than 15 hours given or approved by the department of buildings in the basic skills required for the performance of janitorial services. Such course should include, but need not be limited to, instruction on operation of the central heating plant; replacement of the smoke pipe from the furnace to the chimney; and the making of necessary minor repairs, such as replacement of washers and water faucets. Courses approved by the department of buildings may he offered by a school, association, labor union or other public agency. c. This section shall become effective one year following the enactment of this code. Sec. D26-22.09 Exemption of New York city housing authority The provisions of this article shall not be applicable to the New York city housing authority ================================================================ SUBTITLE III: PHYSICAL AND OCCUPANCY STANDARDS FOR DWELLING UNITS ARTICLE 30: Lighting and Ventilation Section D26-30.01 Lighting and Ventilation in Multiple Dwellings; General Requirements D26-30.03 Lighting and Ventilation of Living Rooms in Multiple Dwellings Erected after 1929 D26-30.05 Lighting and Ventilation of Living Rooms in Converted Dwellings D26-30.07 Lighting and Ventilation of Living Rooms in New Law Tenements D26-30.09 Lighting and Ventilation of Living Rooms in Old Law Tenements D26-30.11 Lighting and Ventilation in One- and Two-Family Dwellings ---------------------------------------------------------------- Sec. D26-30.01 Lighting and Ventilation in Multiple Dwellings; General Requirements a. 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. b. Every required window shall be so located as to light properly all portions of the room. c. Any obstruction of required light and ventilation shall be unlawful. (Subd. c added by L. L. 1971, No. 11, Jan. 25.) Sec. D26-30.03 Lighting and ventilation of living rooms in multiple dwellings erected after 1929 a. Required windows Every living room in a multiple dwelling erected after April 18, 1929, shall have at least one window opening on: (1) a street; (2) a lawful yard or court on the same lot; (3) a partially enclosed balcony or space above a setback which opens directly to a street, yard or court in the area of the front of such balcony or space open to the outer air is at least equal to 75 per cent of the floor area of such balcony or space; or (4) 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 (4). (Subd. a, par. 4 amended by L. L. 1971, No. 11, Jan. 25.) b. No required window of a living room shall open on an offset or recess of less than six feet in width. (Subd. b amended by L. L. 1971, No. 11, Jan. 25.) c. Size of windows (1) 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. (2) Every required window shall be at least twelve square feet. (3) 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 40 cubic feet of air per minute, 25 per cent of the window area or five and one-half square feet of such area, whichever is greater, shall be openable. (4) 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 23, 1959, and prior to the effective date of this code, this requirement shall not apply. d. Through ventilation (1) 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 30 feet from the exterior face of the outer enclosing wall. (2) 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 30 feet from a window opening on a street or yard unless such room also opens on a legal court. e. 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 one-quarter of an inch thick. Every such window shall be of automatic self-closing construction whenever it is less than 50 feet above the non-fireproof roof of another structure located 30 feet or less from the lot line. f. Dining space A dining space shall have a window which: (1) complies with the provisions of subdivision (a) of this section, and (2) has an area at least one-eighth the floor area of such dining space. Sec. D26-30.05 Lighting and ventilation of living rooms in converted dwellings a. Required windows Except as provided in subsection (c), every living room in a converted dwelling shall have at least one window opening on: (1) a street, (2) a yard or outer court which complies with the provisions of section 172 of the multiple dwelling law, or (3) 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 subsection (b) may be substituted for a window. b. Size of windows (1) The total area of all windows in the room shall be at least one-tenth the floor area of such room. (2) 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. (3) 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 144 square inches of c. Non-complying rooms (1) A living room in a one- or two-family dwelling constructed after January 1, 1938 which meets the minimum room size requirements of article 33 of this code but does not comply with subsection (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 rooms (2) In a one- or two-family dwelling constructed prior to January 1, 1938, 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 32½ square feet. ---------------------------------------------------------------- ARTICLE 31: Sanitary Facilities Section D26-31.01 Location of Water Closets D26-31.03 Size and Construction of Water Closet Compartments D26-31 05 Light and Ventilation of Water Closet Compartments D26-31.07 Sanitary Facilities in Apartments D26-31.09 Sanitary Facilities in Rooming Units D26-31.11 Sanitary Facilities in Certain Multiple Dwellings Erected After 1929 D26-31.13 Sanitary Facilities in One- and Two-Family Dwellings ---------------------------------------------------------------- Sec. D26-31.01 Location of water closets a. Water closets are prohibited in any yard, court or other open space. The owner shall remove any such existing water closet or other similar receptacle and, under the direction of the department disinfect the area where such receptacle was located. b. Nothing in this section shall require any change to be made in the lighting or ventilation of water closets, bathrooms, or general toilet rooms in any portion of any old law tenement or any converted dwelling if such lighting or ventilation was lawful on July first, nineteen hundred sixty- one and in one or two family dwellings if such lighting or ventilation was lawful on August second, nineteen hundred and sixty-seven. (Subd. b amended by L. L. 1971, No. 11, Jan. 17. c. In any apartment, a water closet may be placed in a separate compartment or in a bathroom. d. In any apartment, no more than one water closet shall be placed within a single compartment. e. In a Class A multiple dwelling, a general toilet room containing more than one water closet is prohibited, unless such water closets are supplementary to the facilities required for each apartment, or serve the non-residential portions of the premises. f. In a multiple dwelling erected after April 18, 1929, no water closet located in a compartment or bathroom may open into any kitchen or kitchenette. Sec. D26-31.03 Size and construction of water closet compartments a. Every water closet compartment shall be at least two feet, four inches in clear width. b. The walls enclosing every water closet compartment shall extend from floor to ceiling except in general toilet or bath rooms. c. The walls of every water closet compartment and general toilet or bath room shall be plastered tiled or covered with similar materials approved by the department. d. The floor of every water closet compartment, bathroom or general toilet room shall be waterproofed with material approved by the department. Such waterproofing shall extend at least six inches above the floor, except at the doors. e. Drip trays are prohibited. f. No water closet or other plumbing fixture shall be enclosed with any woodwork. Sec. D26-31.05 Light and ventilation of water closet compartments a. In every water closet compartment, bathroom and general toilet room one of the following requirements for light and ventilation shall be met: (1) There shall be a window opening upon a street, yard, court, partially enclosed balcony or space above a setback, on an offset or recess which may be less than six feet in width. Every such window shall be at least three square feet in area and one-half of its area shall open. (2) If the water closet compartment, bathroom or general toilet room is either located on the top story or is underneath the bottom of a lawful shaft or court, it may be lighted and ventilated by a skylight in the roof. Such skylight shall contain three square feet of glazed area and shall open. (3) There shall be a system of mechanical ventilation, approved for construction and arrangement by the department. In a multiple dwelling such system of ventilation shall be maintained and operated continuously to provide at least four changes per hour of the air volume of each water closet, bathroom or general toilet room daily from six o'clock in the morning until midnight in all residential parts of a dwelling and from seven o'clock in the morning until seven o'clock at night in any non-residential parts of a dwelling. In a private dwelling the approved system of mechanical ventilation may be switch-operated. b. Nothing in this section shall require any change to be made in the lighting or ventilation of water closets, bathrooms, or general toilet rooms in any portion of any old law tenement or any converted dwelling if such lighting or ventilation was lawful on July 1, 1961. Sec. D26-31.07 Sanitary facilities in apartments a. Multiple dwellings erected after 1929 (1) Every apartment in a multiple dwelling erected after April 18, 1929 shall contain a water closet and a bath. (2) In every such dwelling exceeding two stories in height, a water closet shall be accessible to every bedroom without passing through any other bedroom, and such access shall be required in every dwelling of two stories or less in height erected after July 1, 1961. (3) In a multiple dwelling erected after the effective date of this code, every apartment shall contain a washbasin. b. Converted dwellings (1) Every apartment in a converted dwelling shall contain a water closet and a bath or shower; and every apartment in a dwelling converted after July 1, 1961 shall also contain a washbasin. (2) In an apartment located in a dwelling converted after April 13, 1940, there shall be access to a water closet from every bedroom without passing through any other bedroom. c. New law tenements (1) Every apartment in a new law tenement shall contain a water closet and a bath. (2) In every apartment, a water closet shall be accessible to every bedroom without passing through any other bedroom. d. Old law tenements (1) In every old law tenement a water closet shall be provided for the exclusive use of the occupants of every apartment. If it is not located within the apartment, the water closet shall be located on the same story as the apartment and shall be equipped with lock and key. (2) Such water closet shall be constructed and ventilated as approved by the department. e. New apartments in converted dwellings or tenements After December 9, 1955, in any converted dwelling or tenement in which: (1) the number of apartments in the dwelling is increased by any alteration, including the subdivision of existing apartments, the conversion of non-residential space or rooming units to apartments, or the enlargement of the dwelling; or (2) all apartments in the dwelling are vacated by the department or, except in a summer resort dwelling, are untenanted for 60 days or more; a new certificate of occupancy shall not be issued and a newly created apartment shall not be occupied, or a vacated apartment reoccupied, unless it contains a water closet, bath or shower, and washbasin. f. Requirements for all apartments in multiple dwellings effective January 1, 1973 Effective January 1, 1973, there shall be provided for the exclusive use of the occupants of each apartment in a multiple dwelling a water closet, a bath or shower;* and a washbasin, except that in tenements, no washbasin shall be required pursuant to this section where there is a sink within the apartment. (Amended by L. L. 1975, No. 24, June 2.) * So in original Sec. D26-31.09 Sanitary facilities in rooming units a. Every building containing rooming units, and each individual apartment used for single room occupancy, shall contain at least one water closet, washbasin and bath or shower for each six persons lawfully occupying rooming units therein, and for any remainder of less than six persons. At least one water closet shall be located on any floor containing a rooming unit. If there are not more than two rooms on the first story above the basement in a rooming house, no water closet is required on such floor but the occupants of the room shall be counted in determining the required number of facilities. (Subd. a amended by L. L 1970, No. 55, Nov. 17.) b. Every occupant of a rooming unit shall have access to each required water closet, washbasin and bath or shower without passing through any other rooming unit or portion of the dwelling reserved for other occupants. c. Any additional water closet installed to comply with the requirements of subsection (a) shall be located in a compartment, separate from any other water closet, bath or shower, except that a required washbasin may be provided in such compartment. Such additional baths, or showers, shall he located in compartments separate from every required water closet. d. Sanitary facilities for the exclusive use of and accessible only to the occupants of one rooming unit may be combined in a bathroom. Neither the facilities nor the occupants shall be counted in determining the number of facilities required in subsection (a). e. The provisions of subsection (a) of this section shall not apply to any dwelling which (1) is located in an area which has been designated by the city planning commission as suitable for urban renewal pursuant to article fifteen of the general municipal law and (2) has been certified by the housing and redevelopment board, prior to the effective date of this code, as suitable for an exemption from this requirement. There shall be provided, in any such converted dwelling, at least one watercloset compartment for every seven sleeping rooms used for Class B occupancy, and in any such dwelling used in whole or in part for single room occupancy, at least one water-closet, wash-basin and bath or shower in each apartment so used for each eight adult persons who may lawfully occupy such apartment. This subsection shall expire May 1, 1970. Sec. D26-31.11 Sanitary facilities in certain multiple dwellings erected after 1929 a. Fireproof multiple dwellings In a fireproof multiple dwelling erected after April 18, 1929, in which any living room opens directly upon a public hall without any intervening room, foyer or passage, or in which any suites of two living rooms open upon a foyer giving direct access to a public hall, there shall be one water closet for every three such living rooms on a story. Every such water closet shall be accessible to one or more such rooms without passage through a public hall or bedroom. In a Class B multiple dwelling, where any such living room does not have access to a water closet without passage through a public hall or bedroom, there shall be at least one water closet for every fifteen living rooms or fraction thereof, and every living room shall have access to a water closet through a public hall. b. Non-fireproof Class B dwellings In a non-fireproof Class B multiple dwelling erected after April 18, 1929, there shall be one water closet and washbasin for every seven living rooms. One such water closet compartment with washbasin shall be accessible to every room on each floor. (Subd. b relettered by L. L. 1970, No. 55, Nov. 17, and former subd. b repealed.) c. (Former subd. c relettered b by L. L. 1970, No. 55, Nov. 17.) d. Sanitary facilities for employees of tenants If employees of the tenants occupy two or more rooms opening directly to the same public hall in a fireproof multiple dwelling erected after April 18, 1929, there shall be one water closet for the first four rooms or fraction thereof and one additional water closet for each additional seven rooms or fraction thereof. Such facilities shall be accessible either directly from such rooms or through the public halls. Sec. D26-31.13 Sanitary facilities in one- and two-family dwellings The owner of a one- or two-family dwelling shall provide for the exclusive use of the occupants of each dwelling unit at least one water closet, one washbasin, and one bath or shower. Such facilities shall be located on the same story as each dwelling unit, or on any of the stories to which a dwelling unit extends. ---------------------------------------------------------------- ARTICLE 32: Kitchens and Kitchenettes Section D26-32.01 Facilities and Equipment D26-32.03 Lighting and Ventilation D26-32.05 Fire Protection D26-32.07 Requirements for Kitchens and Kitchenettes in One-and Two-Family Dwellings ---------------------------------------------------------------- Sec. D26-32.01 Facilities and equipment a. The owner of a multiple dwelling shall provide every kitchen and kitchenette therein with gas or electricity or both for cooking. b. The owner of a multiple dwelling shall provide every kitchen and kitchenette therein with a sink with running water, equipped with a waste and trap at least two inches in diameter. c. Every kitchenette in a multiple dwelling shall be surrounded by partitions extending from the floor to the ceiling, except for entrances to such kitchenette. When located within a room, such kitchenette, except for entrances, shall be designed so that it is separated from said room. However, a kitchenette existing on December 9, 1955 shall be deemed to be in compliance with this subsection if it is maintained in accordance with prior acceptance or approval by the department. Sec. D26-32.03 Lighting and ventilation The following requirements shall govern in multiple dwellings: a. The lighting and ventilation of kitchens shall be governed by the provisions on lighting and ventilation in article 30 of this code. b. A kitchenette constructed after July 1, 1949, shall have a window opening upon a street, a yard, court, shaft, any partially enclosed balcony or space above a setback, as described in section D26-30.03(a)(3), or an offset or recess less than six feet in width. Such window shall be at least one foot wide, have a total area of at least three square feet and be at least ten percent of the floor area of such kitchenette. In lieu of such window, such kitchenette may have mechanical ventilation to provide at least six changes per hour of the air volume of such kitchenette, or, when such kitchenette is on the top story, may have a skylight of at least one foot wide with a total area of at least four square feet or one-eighth of the area of the kitchenette, whichever is greater, and shall have ventilating openings of at least one-half of the area of the skylight. c. A kitchenette constructed after July 1, 1949, may have a door or doors, if the lower portion of each door has a metal grille containing at least 48 square inches of clear openings or, in lieu of such grille, there are two clear open spaces, each of at least 24 square inches, one between the bottom of the door and the floor, and the other between the top of the door and the head jamb. d. A kitchenette shall be deemed to be in compliance with this section if it was accepted or approved by the department on or before July 1, 1952, and if it was maintained in accordance with such acceptance or approval. Sec. D26-32.05 Fire protection a. In a multiple dwelling, the owner shall fire-retard in every kitchen and kitchenette all combustible material immediately underneath or within one foot of any apparatus used for cooking or warming food; or shall cover such combustible material with asbestos of at least three-sixteenths of an inch in thickness and 26 gauge metal, or with fire resistive material of equivalent rating, except where such cooking or warming apparatus is installed in accordance with requirements established by the department in conformity with generally accepted safety standards. There shall be at least two feet of clear space above the exposed cooking surface of any such apparatus. b. In a multiple dwelling, the owner shall, in every kitchenette, either fire-retard the ceilings and walls, exclusive of doors, or install one or more sprinkler heads to fuse at a temperature not higher than two hundred and twelve degrees Fahrenheit. Such heads shall be connected to the water supply through a pipe of at least one-half inch in diameter. Any kitchenette which was accepted or approved by the department on or before July first, nineteen hundred fifty-two and maintained in accordance with such acceptance or approval shall be deemed to be in compliance with this subsection. (Subd. b amended by L. L. 1971, No. 11, Jan. 25.) Sec. D26-32.07 Requirements for kitchens and kitchenettes in one- and two-family dwellings The following requirements shall govern one- and two-family dwellings: a. The lighting and ventilation of kitchens constructed on or after the effective date of this code shall be governed by the provisions on lighting and ventilation of section D26- 30.11 of this code. b. Every kitchenette constructed on or after the effective date of this code shall be provided with a window opening upon a street, yard, or court. Such window shall be at least one foot wide, have a total area of at least three square feet and be at least ten percent of the floor area of such kitchenette. However, when a kitchenette is on the top story, it may have, in lieu of such window, a skylight at least one foot wide with a total area of at least four square feet or one-eighth of the area of the kitchenette, whichever is greater, and which shall have ventilating openings of at least one-half of the area of the skylight. In lieu of a window, a kitchenette may have mechanical ventilation to provide at least six changes per hour of the air volume of such kitchenette. c. Every kitchenette may be equipped with a door or doors, if the lower portion of each such door has a metal grille containing at least 48 square inches of clear openings or, in lieu of such a grille. there are two clear open spaces, each of at least 24 square inches, one between the bottom of the door and the floor, and the other between the top of the door and the head jamb. d. In every kitchen and kitchenette, constructed on or after the effective date of this code, all combustible material immediately underneath or within one foot of any permanent apparatus used for cooking or warming food shall be fire- retarded or covered with asbestos at least three-sixteenths of an inch in thickness and 26 gauge metal or with fire- resistive material of equivalent rating, except where such permanent cooking or warming apparatus is installed in accordance with requirements established by the department in conformity with generally accepted safety standards. There shall always be at least two feet of clear space above any exposed cooking surfaces of such apparatus. e. The owner shall, in every kitchenette constructed on or after the effective date of this code, fire-retard the ceilings and walls, exclusive or doors. f. The owners of a dwelling shall provide every kitchen and kitchenette with gas or electricity or both for cooking and with a sink with running water, equipped with a waste and trap at least two inches in diameter. ---------------------------------------------------------------- Article 33: Minimum Room Sizes and Occupancy Regulations Section D26-33.01 Minimum Room Sizes D26-33.03 Maximum Permitted Occupancy D26-33.05 Prohibited Occupancies D26-33.07 Conversions to Rooming Units Prohibited D26-33.09 Rental of Rooms to Boarders D26-33.11 Single Room Occupancy D26-33.13 Maintenance of a Registry in Rooming House and Single Room Occupancy Buildings ---------------------------------------------------------------- Sec. D26-33.01 Minimum room sizes a. In all multiple dwellings erected after April 18, 1929, every living room shall have a minimum height of eight feet, except as required for cellars and basements in sections D26- 34.03 or D26-34.05. In a multiple dwelling erected after April 18, 1929 pursuant to plans filed and approved prior to December 9, 1955, and classified and recorded in the department, at least one living room in an apartment shall have a minimum floor area of 132 square feet; if erected, constructed or altered pursuant to plans filed on or after December 9, 1955, one living room shall have a minimum floor area of 150 square feet. Every other living room of an apartment in a multiple dwelling erected after April 18, 1929 shall contain 80 square feet and have a* least minimum dimension of eight feet, except: * So in original (1) a kitchen; (2) a room complying with the light and ventilation requirements of section D26-30.03(a) which has an opening or not less than 60 square feet into an immediately adjoining room, may have a minimum floor area of 70 square feet and a* least horizontal dimension of seven feet; * So in original (3) a dining space complying with the light and ventilation requirements of D26-30.03(f); (4) one-half the number of bedrooms in an apartment containing three or more bedrooms may have a least minimum dimension of seven feet; (5) a room in a Class B multiple dwelling may have a floor area of 60 square feet and a* least minimum dimension of six feet; * So in original (6) a room in a lodging house, other than an apartment occupied by the owner, janitor, superintendent or caretaker, shall comply with the provisions of section 66 of the multiple dwelling law and rules and regulations issued pursuant thereto by the department. No living room, except dormitories in a lodging house, shall be subdivided or otherwise enclosed unless each such portion complies with the provisions of this section and those for light and ventilation required in section D26-30.03. b. In a converted dwelling, every living room shall have a minimum height of eight feet, except that a living room located on the top story shall have a minimum height of seven feet in any part located more than six feet from the front of such room, and a living room in the basement or cellar shall comply with the requirements of section D26- 34.07( b) of this code. Except as provided in subsection (e) of this section, a living room in an apartment shall have at least* minimum dimension of six feet, a minimum floor area of sixty square feet and a minimum of five hundred and fifty cubic feet of air; and a living room in a rooming unit shall have not less than five hundred and fifty cubic feet of air, unless it is: (1) a kitchen; (2) a non-complying room which has an opening of not less than thirty-two and one-half square feet into an immediately adjoining room. (Subd. b amended by L. L. 1971, No. 11, Jan. 25.) c. In a new law tenement, every living room shall have a* least horizontal dimension of seven feet, except that if a living room is either located in a dwelling erected prior to 1912, or is a kitchen or a sleeping room for a maid in a fireproof tenement where a passenger elevator is operated, a* least minimum dimension of only six feet is required. Except as provided in subdivision (e), one living room shall have a minimum floor area of 120 square feet, and every other room shall contain 70 square feet if the minimum height of the room is nine feet, or 80 square feet if such room has a minimum height of eight feet. unless it is: (1) a kitchen; (2) a dining space complying with the light and ventilation requirements of section D26-30.07. A dining space is not permitted in an apartment with less than three rooms. No living room Shall be subdivided or otherwise enclosed unless each such portion complies with the provisions of this section and those for light and ventilation required in section D26-30.03 for multiple dwellings erected after April 18, 1929. * So in original d. In an old law tenement, every living room shall have a minimum floor area of sixty square feet, except as provided in subdivision (c). e. In a multiple dwelling erected prior to April 18, 1929 and altered pursuant to plans filed on or after December 9, 1955: (1) at least one living room in an apartment and any room used for single room occupancy shall have a minimum floor area of 150 square feet. (2) all other living rooms in an apartment, or in a rooming unit in a converted dwelling shall have a minimum floor area of 70 square feet, except that a room in a lodging house, other than a room in an apartment occupied by the owner, janitor, superintendent, or caretaker, shall comply with the provisions of section 66 of the multiple dwelling law and regulations issued pursuant thereto by the department. f. As used in subsections (a) and (e) of this section, an alteration shall mean the subdivision of any previously existing residential units; the combination of residential units with non-residential space within the multiple dwelling, any of which results in new dwelling units or rooming units; or the conversion without physical change to a rooming unit, whenever permitted under the provisions of section D26-33.07. (Subd. f. amended by L. L. 1968, No. 77, Nov. 27.) g. Notwithstanding any of the provisions of this article, in every multiple dwelling the minimum acceptable floor area of rooms existing on December ninth, nineteen hundred fifty- five shall be the present lawful area, provided, however, that the rooms have not been altered since December ninth, nineteen hundred fifty-five. (Subd. g added by L. L. 1971, No. 11, Jan 25.) Sec. D26-33.03 Maximum permitted occupancy a. No dwelling unit shall be occupied by a greater number of persons than is permitted by this section. (1) Every person occupying an apartment in a Class A or Class B multiple dwelling or in a tenant-occupied apartment in a one- or two-family dwelling shall have a liveable area of not less than 80 square feet. The maximum number of persons who may occupy any such apartment shall be determined by dividing the total liveable floor area of the apartment by 80 square feet. For every two persons who may lawfully occupy an apartment, one child under four may also reside therein, except that a child under four is permitted in an apartment lawfully occupied by one person. No residual floor area of less than 80 square feet shall be counted in determining the maximum permitted occupancy for such apartment. The floor area of a kitchen or kitchenette shall be included in measuring the total liveable floor area of an apartment but the floor area for private hall- foyers, bathrooms or water closets shall be excluded. (2) A living room in a rooming unit may be occupied by not more than two persons if it has a minimum floor area not less than 110 square feet in a rooming house, or 130 square feet in a single room occupancy. b. The maximum number of persons who may occupy a dormitory shall not exceed the occupancy permitted under section 66 of the multiple dwelling law, and the regulations issued thereunder by the department. c. On written demand by the department, or by the owner when he rents a dwelling unit or any time thereafter, the tenant shall submit an affidavit setting forth the names and relationship of all occupants residing within the dwelling unit and the ages of any minors. In the event of an increase in the number of occupants, the tenant shall advise the owner and, if the owner so demands in writing, the tenant shall submit an affidavit, setting forth the pertinent information regarding such increase in occupancy. d. In any case where the birth of a child or its attainment of the age of four causes the number of persons or children to exceed the maximum occupancy permitted in this section, such excess occupancy shall be permissible until one year after such event. e. In every rooming unit, a sign shall be posted showing the maximum lawful occupancy. Such sign shall be made and installed in the manner and location prescribed by the department and shall be maintained at all times. Sec. D26-33.05 Prohibited occupancies a. No kitchen shall be occupied for sleeping purposes. b. No rooming unit shall be occupied by a family with a child under the age of 16 years, except that if a child is born to a family residing in such accommodations. the unlawful occupancy shall not commence until one year after the birth of such child. In any case where such an unlawful occupancy continues for ten days after the service of a notice of violation upon both the tenant and owner the department may, in addition to all other remedies, institute a proceeding for an injunction pursuant to article 53 to obtain an order requiring that such violation be remedied by eviction or removal of the tenant. The provisions of this subsection shall not prohibit such occupancy (1) in rooming units operated without profit by an educational, religious or charitable institution of the type described and for the purposes set forth in subdivision (a) of section D26-33.07, or (2) in a summer resort dwelling. Sec. D26-33.07 Conversions to rooming units prohibited a. No rooming unit which was not classified and recorded as such in the department prior to May 15, 1954 or converted to such use prior to April 30, 1956, shall be created in a tenement, converted dwelling or private dwelling, whether such conversion is effected with or without physical alterations, except for rooming units in a multiple dwelling: (1) owned or controlled and operated by a hospital for