Section 76. Water-closet and bath accommodations

1. General requirements.
  This section shall apply to all dwellings whenever erected or  converted
  except as herein provided.
    a. No water-closet shall be installed, kept or maintained in any yard,
  court or other open space, and every water-closet or other receptacle to
  receive fecal matter, urine or sewerage, located in any such yard, court
  or  other  open  space, shall be completely removed, and the place where
  they were located shall  be  disinfected  under  the  direction  of  the
  department.
    b.  No water-closet shall be installed, kept or maintained in a cellar
  or basement unless it is provided for lawful cellar or  basement  living
  rooms, or is supplementary to the required water-closet accommodations.
    c. No water-closet shall open directly into any kitchen or kitchenette
  in  a multiple dwelling erected after April eighteenth, nineteen hundred
  twenty-nine.
    d. Every water-closet compartment shall be  at  least  two  feet  four
  inches in clear width and, except in a general toilet or bathroom, shall
  be  enclosed  with  partitions  which shall extend from the floor to the
  ceiling and which shall be plastered or tiled or  covered  with  similar
  materials approved by the department.
    e.  The  floor  of  every such compartment, bathroom or general toilet
  room shall be made waterproof with material approved by the  department,
  and  such  waterproofing  material shall extend six inches or more above
  the floor, except at doors.
    f. The use of drip trays is unlawful.
    g. No plumbing fixture or water-closet shall be enclosed wholly or  in
  part with woodwork.
    h.  Every  water-closet  compartment,  bathroom  and general or public
  toilet room, and every other room containing one or  more  water-closets
  or  urinals,  except as specifically provided otherwise in this section,
  shall have at least one window opening upon a street  or  lawful  court,
  yard or space above a setback. Every such window shall be at least three
  square  feet  in  area  and  shall  be made so that half its area can be
  readily opened.
    i. No window shall be required when each such compartment, bathroom or
  general toilet room is located on the top story or underneath the bottom
  of a lawful shaft or court and is lighted and ventilated in either  case
  by  a  skylight the roof of which contains at least three square feet of
  glazed surface and is arranged to be readily opened.
    j. In lieu of a required window or skylight, it  shall  be  lawful  to
  install   a   system  of  ventilation,  approved  for  construction  and
  arrangement by the department, for water-closet  compartments  used  for
  the  business  portions  of  any dwelling or for compartments containing
  water-closets, bathrooms or general toilet room in  any  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  such
  water-closet  compartment,  bathroom  or  general toilet room daily from
  seven o'clock in the  morning  until  seven  o'clock  at  night  in  any
  business  parts  of  such  dwelling  and from six o'clock in the morning
  until midnight in all parts used for dwelling purposes.
    k. Every water-closet compartment or bathroom shall be  provided  with
  electricity and fixtures to light the same properly.
    l.  In  a  fireproof dwelling in which two or more rooms, all of which
  open directly upon the same public hall,  are  occupied  exclusively  by
  persons employed by the tenants thereof, there shall be provided for the
  occupants  of  such  rooms  and accessible therefrom directly or through
  such public hall, at least one water-closet compartment  for  the  first
  four  such  rooms  or  fraction  thereof  and  at  least  one additional

  water-closet  compartment  for  each  additional  seven  such  rooms  or
  fraction  thereof,  and  no further water-closet accommodations for such
  rooms shall be required.
    m.  Water-closets  may  be  placed  together  in a general toilet room
  provided they are supplementary to required water-closet  accommodations
  or are solely for the use of business portions of the dwelling.
    n.  Except  as  herein  provided  if  any  living rooms in a fireproof
  dwelling open directly upon a public hall without any intervening  room,
  foyer  or  passage,  or  if  any  suites  of  two living rooms in such a
  dwelling open upon a foyer giving direct access to a public  hall,  only
  one  water-closet  compartment  shall  be  required for every three such
  living rooms on each story. Every such water-closet compartment shall be
  accessible to one or more of said rooms without passage through a public
  hall or any bedroom.
    2. Class A dwellings.
    a. Every apartment in a class A dwelling,  except  old-law  tenements,
  shall  be  provided  with  a  water-closet  which  shall  be placed in a
  compartment completely separated from any other water-closet.  b.  Every
  apartment  in  a  class A dwelling, except old-law tenements, shall also
  contain a bath, which may be in a separate compartment or together  with
  the  water-closet  in  a bathroom. There shall be access to at least one
  such compartment or bathroom from every bedroom without passing  through
  any other bedroom.
    3. Class B dwellings.
    a. The requirements of paragraph n, of subdivision one of this section
  shall  not  apply  to a fireproof class B dwelling, every living room of
  which, except those used only by employees employed exclusively  in  the
  management  and  maintenance  of  such  dwelling, has direct access to a
  public hall without passing through any other  room,  foyer  or  private
  hall and in which water-closet accommodations are provided in accordance
  with the provisions of this subdivision.
    b.  In  such  a  fireproof  dwelling there shall be on each story upon
  which there is any living room at least  two  water-closet  compartments
  for  the first twenty such living rooms or fraction thereof and at least
  one additional water-closet compartment for each additional fifteen such
  living  rooms  or  fraction  thereof,  and   no   further   water-closet
  accommodations for such rooms shall be required.
    c.  There  shall  be  on  each  story  of  such fireproof dwelling, in
  addition to the water-closet accommodations required in paragraph  n  of
  subdivision  one hereof, at least one water-closet compartment for every
  fifteen living  rooms  or  fraction  thereof  not  having  access  to  a
  water-closet  compartment  without  passage  through  a  public  hall or
  bedroom, and every such room shall have access  to  such  a  compartment
  through  a  public hall. If two or more such compartments be required on
  any story by the provisions of this paragraph, they may be placed  in  a
  general toilet room.
    d.  For  every urinal supplied on any story of such fireproof dwelling
  on which seventeen rooms or more are occupied exclusively by males,  one
  water-closet  compartment less than the number otherwise required may be
  provided  on  such  story;  except  that  the  number  of   water-closet
  compartments   on   such   story   may  not  be  reduced  to  less  than
  three-quarters of the number otherwise required.
    e. The water-closet compartments on each  story  of  such  a  dwelling
  shall   be  accessible  from  every  living  room  on  the  story.  Such
  compartments may be placed in one or more general toilet rooms.
    f. In a non-fireproof class B dwelling there shall  be  at  least  one
  water-closet  compartment  and  one  wash basin for every seven sleeping
  rooms and there need not be more than  that  number  except  that  there

  shall  be  at  least  one  on each story. At least one such water-closet
  compartment and one wash basin on each story of such dwelling  shall  be
  accessible from every living room on the same story.
    4. Converted dwellings.
    a.  Every  apartment in a class A converted dwelling shall be provided
  with a water-closet which shall be placed in a compartment  or  bathroom
  within  each apartment completely separated from any other water-closet.
  Every such apartment shall also contain a bath  or  shower  and  a  wash
  basin.
    b.  In  every  class  B converted dwelling there shall be at least one
  water-closet compartment on any floor containing any room used for class
  B occupancy and at least one bathroom or shower room and one wash  basin
  for every six persons and for any remainder of less than six persons who
  may lawfully occupy any room or rooms for class B occupancy.
    (c)  Additional  required  water-closets  and  wash  basins  which are
  installed in order to comply  with  the  provisions  of  this  paragraph
  whether provided separately or in combination, shall be in a compartment
  separate  and  apart  from  every  bath  or  shower  required  under the
  provisions of paragraph b, and each such  additional  required  bath  or
  shower  shall  be  in  a  compartment  separate  and  apart  from  every
  water-closet and wash basin required under the provisions  of  paragraph
  b, except that any such additional required water-closet, bath or shower
  or  wash basin may be included in a single compartment containing any or
  all of such facilities, if such compartment is accessible only  from  or
  only  within  a  room,  apartment  or suite of rooms and the occupant or
  occupants of such room, apartment or suite are exclusively  entitled  to
  use all such facilities contained in such compartment.
    5.  Old-law  tenements.    In  every  old-law  tenement there shall be
  provided for the exclusive use of each family at least one  water-closet
  compartment  located  within  the  dwelling.  Such  compartment shall be
  constructed and ventilated  as  approved  by  the  department  but  such
  compartment  shall  be  located  on  the same story as that on which the
  apartment occupied by each such family is situated and shall be equipped
  with lock and key. The provisions of this subdivision shall not apply
    (a) to any dwelling which the department of city planning certifies is
  in an area to be acquired for a  public  improvement  and  for  which  a
  request for acquisition has been submitted to the board of estimate by a
  public  agency;  or  (b)  to  any dwelling in an area for which an urban
  renewal plan has been submitted to the planning commission, as  provided
  in  section  five  hundred  five  of  the  general municipal law, if the
  planning commission shall certify that compliance with the provisions of
  this subdivision would be inconsistent with the plan; or (c) for which a
  demolition permit has been  or  shall  be  issued  by  the  municipality
  pursuant  to local law or ordinance. The exemption provided in (a), (b),
  and (c) of this subdivision shall be valid for a period  of  six  months
  after  the date of the acquisition request or the date of the submission
  of the urban renewal plan to the commission or the date of the  issuance
  of  the  demolition  permit  as  the  case may be. Such exemption may be
  extended from time to time by the  department  provided,  however,  that
  such  exemption shall not extend beyond November first, nineteen hundred
  sixty-five.
    6. Single room occupancy.
    a. Every apartment used for single room occupancy shall have at  least
  one  bath  or  shower,  one wash-basin and one water-closet for each six
  adult persons who may lawfully occupy the rooms  in  such  apartment  as
  provided  in  section  two hundred forty-eight, and for any remainder of
  less than six persons. If additional baths or showers  or  water-closets
  are installed within an apartment in order to comply with the provisions

  of  this  paragraph  each water-closet shall be in an enclosure separate
  and apart from every bathroom or shower room and  each  bath  or  shower
  shall be in an enclosure separate and apart from every water-closet.
    b.  There  shall  be access to each required water-closet and bathroom
  without passing through any sleeping room, except that any water-closet,
  wash-basin or bathroom which connects directly with  any  sleeping  room
  shall  be  deemed to be available only to the occupants of such room and
  shall not be included in the computations for  the  required  number  of
  water-closets and bathrooms.
    7. Saving clause.  No change need be made in the number, construction,
  arrangement,  lighting  or  ventilation  of  water-closet  compartments,
  bathrooms or general toilet rooms in any portion of any dwelling if  the
  number,  construction,  arrangement,  lighting  or  ventilation  of such
  water-closet compartments, bathrooms or general toilet rooms was  lawful
  on July first, nineteen hundred sixty-one.