Section 33. Cooking spaces

1. Every space which is intended, arranged or
  designed for cooking or warming of food shall be  either  a  kitchen  or
  kitchenette.  The  term  "kitchen" shall mean such a space eighty square
  feet or more in floor area. The term "kitchenette"  shall  mean  such  a
  space which is less than eighty square feet in floor area.
    2.  Every  cooking space shall be deemed to be in compliance with this
  section if such space was accepted or approved by the department  on  or
  before  June  thirtieth, nineteen hundred ninety-five, and is maintained
  in accordance with such acceptance or approval.
    3. Except as  provided  in  sections  sixty-one  and  sixty-seven  and
  subdivision  two  of  this  section,  a  kitchen or kitchenette shall be
  unlawful unless it is constructed, arranged and maintained in compliance
  with the following applicable provisions:
    a. The ceiling and walls, exclusive  of  doors,  of  all  kitchenettes
  shall  be  fire-retarded or in lieu thereof such space shall be equipped
  with one or more sprinkler heads to fuse at  a  temperature  not  higher
  than  two  hundred  twelve  degrees  Fahrenheit.  Such  heads  shall  be
  connected to the water supply through a pipe of at least  one-half  inch
  inside diameter.
    b.   In  every  kitchen  and  kitchenette,  all  combustible  material
  immediately underneath or within one foot  of  any  apparatus  used  for
  cooking  or  warming  of  food  shall  be  fire-retarded or covered with
  asbestos  at  least  three-sixteenths  of  an  inch  in  thickness   and
  twenty-six  gauge  metal  or  with fire-resistive material of equivalent
  rating, except where such apparatus  is  installed  in  accordance  with
  requirements  established by the department in conformity with generally
  accepted safety standards for such apparatus. There shall always  be  at
  least  two feet of clear space above any exposed cooking surface of such
  apparatus.
    c. Every kitchenette constructed after July  first,  nineteen  hundred
  forty-nine,  shall  be  provided  with a window opening upon a street or
  upon a yard, court, shaft, or upon  any  space  above  a  setback.  Such
  window  shall  be  at least one foot wide, have a total area of at least
  three square feet and be at least ten  per  centum  of  the  superficial
  floor area of such kitchenette. In lieu of such window, such kitchenette
  may  be  provided  with  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 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.
    d.  Every  kitchenette  constructed after July first, nineteen hundred
  forty-nine, may be equipped with a door or  doors,  provided  the  lower
  portion  of  each  such  door  has  a  metal  grille containing at least
  forty-eight square inches of clear  openings  or,  in  lieu  of  such  a
  grille,  there  are  two clear open spaces, each of at least twenty-four
  square inches, one between the bottom of the door and the floor, and the
  other between the top of each such door and the head jamb.
    e. Every kitchen  and  kitchenette  shall  be  provided  with  gas  or
  electricity or both, and shall be equipped for artificial lighting.