§ 45-24.3-11 - Minimum space, use, and location requirements.
SECTION 45-24.3-11
§ 45-24.3-11 Minimum space, use, andlocation requirements. – No person shall occupy, or let to be occupied, a dwelling or dwelling unit, forthe purpose of living, unless there is compliance with the requirements of thissection.
(1) Every dwelling unit must contain at least one hundredfifty (150) square feet of floor space for the first occupant, and at least onehundred thirty (130) square feet of floor space for every additional occupant,the floor space to be calculated on the basis of total habitable room space.
(2) In every dwelling unit for two (2) or more rooms, everyroom occupied for sleeping purposes must contain at least seventy (70) squarefeet of floor space for the first occupant, and at least fifty (50) square feetof floor space for each additional occupant. A bathroom or water closetcompartment must not be used as the only passageway to any habitable room,hall, basement, or cellar or to the exterior of a dwelling unit.
(ii) At least seventy-five percent (75%) of the floor area ofevery habitable room must have a ceiling height of no less than seven feet (7')and the floor area of that part of any room, where the ceiling height is lessthan five feet (5'), must not be considered as part of the floor area of theroom for the purpose of determining the maximum permissible occupancy. At leastfifty percent (50%) of the floor area in attic rooms must have a ceiling heightof seven feet (7').
(iii) No space, located totally or partially below grade,shall be used as a habitable room or dwelling unit unless:
(A) The floor, and those portions of the walls below grade,are of waterproof and damp proof construction;
(B) The minimum window area, required in § 45-24.3-8, islocated entirely above grade of the ground adjoining the window area or, ifwindows are located wholly or partly below grade, there is constructed aproperly drained window well whose ground open area is equal to, or greaterthan, the area of the window opening; the bottom of the window well is belowthe top of the impervious masonry construction under this window; and theminimum horizontal projections of the bottom of the window well is equal to, orgreater than, the vertical dimensions (depth) of the window well as measuredfrom the bottom of the masonry opening for the window, and no part of thewindow well opposite this window protrudes above the line projected at aforty-five degree (45°) angle from the bottom of the window opening atright angles to the outer wall;
(C) The total openable window area in each room is equal toat least the minimum, as required under this chapter, except where there issupplied some other device affording adequate ventilation and humidity controland approved by the appropriate authority; and
(D) There are no pipes, ducts, or other obstructions, lessthan six feet (6') above the floor level which interfere with the normal use ofthe room or area.
(3) Every dwelling unit must have at least four (4) squarefeet of floor to ceiling height closet space, for the personal effects of eachpermissible occupant. If it is lacking in whole or in part, an amount of space,equal in square footage to the deficiency, must be subtracted from the area ofhabitable room space used in determining permissible occupancy.
(4) A dwelling unit must not be occupied by more than onefamily plus two (2) occupants unrelated to the family, except for guests ordomestic employees or by not more than one household if the occupants areunrelated, unless a permit for a rooming house has been granted by theappropriate authority.
(5) Each dwelling must have a suitable facility for the safestorage of medicines, toxic materials, and household poisons, such as ammonia,paint, gasoline, etc., to ensure safety for children in the residentialenvironment.