§ 28-7. Maximum occupancy and minimum room size.  


Latest version.
  • No person shall occupy as owner or occupant or let to another for occupancy any structure or portion thereof which does not comply with the following requirements:
    A. 
    Calculation. For the purpose of this regulation, each person 12 years of age and older shall be counted as one person; children more than one year old but less than 12 years old shall be deemed to be 1/2 person; and infants up to one year old shall not be counted. The floor area shall be based upon the area of habitable rooms contained within the living unit, exclusive of utility and storage rooms, halls, closets, porches and any connecting spaces. Any area in a habitable room which has a ceiling height of less than five feet shall not be counted or included in the computation of the space.
    B. 
    Dwelling units. Every dwelling unit shall have at least 150 square feet of habitable floor space for the first occupant, plus 100 square feet of habitable floor space for each additional occupant. Each dwelling unit shall contain one habitable room with at least 150 square feet of floor area and a minimum horizontal dimension of eight feet. Any additional habitable rooms shall have a minimum floor area of 120 square feet and a minimum horizontal dimension of seven feet.
    C. 
    Sleeping rooms. No room in any dwelling unit or rooming unit shall be used for sleeping purposes unless there is a minimum habitable floor space of 70 square feet for a space with a single occupant, and a minimum habitable floor space of 50 square feet per occupant for a space with multiple occupants.
    D. 
    Ceiling height. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of seven feet, except:
    (1) 
    In one- and two-family dwellings, beams or girders spaced not less than four feet on center may project a maximum of six inches below the required ceiling height; and
    (2) 
    Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes shall have a minimum ceiling height of six feet eight inches with a minimum clear height of six feet four inches under beams, girders and similar obstructions; and
    (3) 
    In rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling, all or part of the room shall have a minimum clear ceiling height of seven feet over not less than 1/3 of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of five feet shall be included.
Amended 1-29-2019 by L.L. No. 4-2019