Section 27-2082. Occupancy of cellars and basements in any multiple dwelling with "adequate adjacent space"  


Latest version.
  • A  dwelling  unit  in  the  cellar  or  basement  of a multiple dwelling may be occupied if all of the following
      requirements are met:
        a. Every room has a minimum height of eight  feet  in  every  part  in
      dwellings erected after July first, nineteen hundred fifty-seven, and of
      seven feet in dwellings erected prior thereto.
        b.  Every room has at least one-half of its height in every part above
      the highest level of an "adequate  adjacent  space."  As  used  in  this
      section  an  "adequate  adjacent  space" is an area outside the dwelling
      which:
        (1) is thirty feet in its least dimension,
        (2) is located on the same lot as the  dwelling  or  in  a  street  or
      public place,
        (3)  is  open and unobstructed, except as provided in subdivision nine
      of section twenty-six of the multiple dwelling law, and
        (4) abuts at the same level, or directly  below,  every  part  of  the
      exterior walls of every dwelling unit located on the same floor.
        c.  The  bottom  of  such  "adequate  adjacent space" is at a level no
      higher than six inches below the sill of any required window opening  on
      such space.
        d.  Whenever  the  floor of any part of the dwelling unit is below the
      level of such "adequate adjacent space," either the ceiling,  walls  and
      partitions  of  the dwelling unit are fire retarded or the dwelling unit
      is equipped with a sprinkler system in  a  manner  satisfactory  to  the
      department.
        e. The entire cellar or basement in which the dwelling unit is located
      complies with all requirements of the multiple dwelling law with respect
      to fire protection and to means of egress, including cellar and basement
      stairs and cellar entrances.
        f.  A cellar occupied hereunder for dwelling purposes shall be counted
      as a story for the purpose of the requirements of the multiple  dwelling
      law  with  respect  to  means  of  egress, but shall not be counted as a
      separate story for the purpose of determining when a dwelling must be of
      fireproof construction.