HOUSING MAINTENANCE CODE
CHAPTER 2

SUBCHAPTER 3
PHYSICAL AND OCCUPANCY STANDARDS FOR DWELLING UNITS

ARTICLE 2
Sanitary Facilities

Section
27-2063 Location of Water Closets
27-2064 Size and Construction of Water Closet Compartments
27-2065 Light and Ventilation of Water Closet Compartments
27-2066 Sanitary Facilities in Apartments
27-2067 Sanitary Facilities in Rooming Units
27-2068 Sanitary Facilities in Certain Multiple Dwellings Erected After 1929
27-2069 Sanitary Facilities in One- and Two-Family Dwellings


Sec. 27-2063 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. Water closets are prohibited in a cellar or basement, unless they are either provided for lawful cellar and basement dwelling units, or are supplementary to water closets required under the provisions of this article.

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 nonresidential portions of the premises.

f. In a multiple dwelling erected after April eighteenth, nineteen-hundred twenty-nine no water closet located within a compartment or bathroom may open into any kitchen or kitchenette.

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Sec. 27-2064 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 bathrooms.

c. The walls of every water closet compartment and general toilet or bathroom 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.

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Sec. 27-2065 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 storey 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 first, nineteen-hundred sixty-one and in one- or two-family dwellings, if such lighting or ventilation was lawful on August second, nineteen-hundred sixty-seven.

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Sec. 27-2066 Sanitary facilities in apartments

a. Multiple dwellings erected after nineteen-hundred twenty-nine:

  1. Every apartment in a multiple dwelling erected after April eighteenth, nineteen-hundred twenty-nine shall contain a water closet and a bath.
  2. In every such dwelling exceeding two storeys 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 storeys or less in height erected after July first, nineteen-hundred sixty-one.
  3. In a multiple dwelling erected after July fourteenth, nineteen-hundred sixty-seven 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 first, nineteen-hundred sixty-one shall also contain a washbasin.
  2. In an apartment located in a dwelling converted after April thirteenth, nineteen-hundred forty 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 storey, 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 ninth, nineteen-hundred fifty-five 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 sixty 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 first, nineteen-hundred seventy-three: Effective January first, nineteen-hundred seventy-three 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 wash basin, except that in tenements no washbasin shall be required pursuant to this section, where there is a sink within the apartment.

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Sec. 27-2067 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 storey above the basement in said 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.

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 subdivision (a) of this section 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 be 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 the facilities required in subdivision (a) of this section.

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Sec. 27-2068 Sanitary facilities in certain multiple dwellings erected after 1929

a. Fireproof multiple dwelling. In a fireproof multiple dwelling erected after April eighteenth, nineteen-hundred twenty-nine, 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 storey. 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 such fifteen living rooms or fraction thereof and every such living room shall have access to a water closet through a public hall.

b. Fireproof class B dwelling. In a fireproof class B multiple dwelling erected after April eighteenth, nineteen-hundred twenty-nine, in which every living room, excluding rooms occupied by management and maintenance personnel of the dwelling, opens directly to a public hall without passing through any other room, foyer or private hall, there shall be two water closets for the first twenty living rooms or fraction thereof and one additional water closet for each additional fifteen living rooms or fraction thereof. Such water closets may be located in compartments or in general toilet rooms accessible from every living room on the floor. A urinal may be substituted for a water closet on any storey, where seventeen or more rooms are occupied exclusively by males, but not more, than one-quarter of the required facilities may be urinals.

c. Non-fireproof class B dwellings. In a non-fireproof class B multiple dwelling erected after April eighteenth, nineteen-hundred twenty-nine 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.

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 eighteenth, nineteen-hundred twenty-nine, 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.

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Sec. 27-2069 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 storey as each dwelling unit or on any of the storeys, to which a dwelling unit extends.

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