N.Y. Comp. Codes R. & Regs. tit. 10 § 15.6

Current through Register Vol. 46, No. 43, October 23, 2024

Section 15.6 - Housing, fire hazards; maintenance

(a) Requirements for new construction.

(1) No migrant farmworker housing facility, or any portion thereof, shall be constructed or enlarged for occupancy or use, and no property shall be converted for occupancy or use as a migrant farmworker housing facility without the permit-issuing official beeing first notified in writing. The required notice of construction, enlargement or connversion shall be submitted at least 30 days prior to beginning such construction on a form approved by the Commissioner of Health. The notice may be supplemented by such further information, plans or specifications as required by the permit-issuing official.

(2) All new construction including alterations, enlargements, conversions, or relocation of mobile homes, shall conform with the Uniform Code. A certificate of occupancy, or equivalent documentation to certify the construction was completed in conformance with Uniform Code requirements, must be obtained prior to occupancy, and be available for review on request by the permit-issuing official.

(b) General requirements. A building or structure which is part of a migrant farmworker housing facility shall be structurally safe, adequate in size for its use, and easy to keep clean. Every foundation, roof and exterior wall, door, skylight and window shall be maintained to prevent entrance by rodents, weathertight and watertight, and shall be kept in sound condition and good repair. Porches, landings, stairs, and railings shall be maintained structurally sound and in good repair. Interior floors, walls, doors; and ceilings shall be sound and in good repair.

(c) Flooring required in buildings. A building used for accommodation of people in a migrant farmworker housing facility shall have a floor which is constructed of smooth, readily cleanable, durable material such as sealed concrete, close-grained wood or composition material. Floors and floor covering materials shall be maintained in cleanable condition and in good repair.

(d) Sleeping quarters. Adequate sleeping quarters shall be provided.

(1) sleeping quarters shall contain at least 50 square feet of floor area for each occupant over two years of age.

(2) The required floor area in a room used for sleeping shall consist only of that part which has a height of at least five feet, and at least 80 percent of the required floor area shall have a minimun ceiling height of at least seven feet.

(i) In all housing facilities constructed after May 1, 1997, rooms used for sleeping are required to have a minimum ceiling height of seven and one-half feet.

(3) Adequate sleeping facilities shall be provided for each person. Such facilities shall consist of beds, cribs, or bunks, complete with required springs and mattresses. Every bed, bunk, crib, bed or bunk spring, mattress, pillow, sheet, pillow case, blanket or other bed cover, provided by the operator, shall be clean and in good condition at the time of issue.

(4) Each sleeping quarters shall contain adequate space for the storage of clothes and personal possessions of each occupant. As a minimum, this space shall include 21 square feet of wall storage area which has a minimum depth of 12 inches and is equipped with clothes rods or hooks and shelving for each occupant. Other provisions which provide equivalent storage capacity for each person may be substituted.

(5) Separate sleeping quarters for persons of each sex shall be provided except in the housing of families.

(6) There shall be a clear space of at least 27 inches above the sleeping surface of a bed or bunk.

(7) When a separate partitioned sleeping area is provided for parents having one or more children two years of age or over the partition shall be of sound construction and extend a minimum of six feet above the floor.

(e) Light and ventilation. Adequate light and ventilation shall be provided in each habitable room, and in common use rooms and in areas, including: kitchens, dining rooms, mess halls, cooking areas, hallways, stairways, laundry rooms, shower rooms, privies and toilet rooms. Adequate artificial lighting and mechanical ventilation may be provided in lieu of natural light and ventilation in toilet rooms where approved by the permit issuing official.

(1) For sleeping quarters, kitchens, cooking areas, dining rooms, mess halls, toilet rooms and privies, natural light shall be provided by windows, transoms or skylights having a total area within the casements of at least 10 percent of the floor area of the room.

(2) Provision shall be made for natural ventilation in each sleeping quarters, dining room, kitchen, cooking area, mess hall, bathroom, washroom, public space, toilet room or privy, by providing that at least 40 percent of the area within casements required for light shall be capable of being opened.

(i) In all housing constructed after May 1, 1997, it is required that 50 percent of the required window area be capable of being opened.

(3) One or more ceiling or wall-type electric light fixtures which provide adequate lighting shall be installed in each habitable room, and all common use rooms or areas including: kitchen, cooking area, dining room, mess hall, bathroom, washroom, shower room, laundry room, hallways, stairways, public space, toilet room, and at each privy. At least one separate wall-type electric duplex outlet shall be provided in addition to the required electric light fixtures in each sleeping quarters, bathroom, washroom, laundry room, cooking and eating spaces. Additional electrical circuits and outlets may be required when problems with overloading or excessive use of extension cords are identified. The electric service, wiring, and fixtures shall be properly installed in accordance with the Uniform Code and be maintained in good repair and safe condition.

(f) Stoves. All stoves, heating units or other sources of heat using combustible fuel shall be installed and vented in such a manner as to avoid both a fire hazard and a dangerous concentration of fumes or gas.

(1) No portable heaters or stoves, other than electrical, shall be provided or used. In a room with a combustible floor, there shall be a concrete slab, metal sheet or other fireproof material on the floor under any solid fuel burning stove or heating unit, extending 18 inches beyond the perimeter of the base of the unit. Any wall, ceiling or other combustible surface or material within 18 inches of a heating unit or chimney pipe shall be adequately protected with fire proof material or moved to a distance of 36 inches or greater from the heater or pipe. Stoves and heating units intended to be provided with a stovepipe shall have such stovepipe connected to the stove and discharging to the outside air or to a chimney. A stovepipe or vent pipe passing through a combustible wall, ceiling, floor or roof shall be installed with adequate fire protection.

(2) Electric stoves and portable electric heaters, and gas fueled space or water heaters, or any other heat producing equipment and applicances shall be adequately designed, installed and maintained.

(g) Fire exits. A building in which people sleep or eat shall be provided with ready exit in case of fire and shall have at least two exits from each occupied floor. Where sleeping quarters are occupied above the ground floor, at least one outside exit from each floor above the ground floor is required. Windows in sleeping quarters two stories or less in height may constitute a required exit, if the sill is no more than three feet above the floor, the drop from the windowsill to an unobstructed area on the ground below is less than 14 feet, and the window has a minimum openable area of four square feet with a minimum dimension of 18 inches. Every sleeping room in which 10 or more individuals sleep shall have at least two exit doors which swing in the direction of exit travel and open to the outside of the building or to an interior hall. Any stairway extending beyond two occupied floors in a building shall have tight-fitting, self-closing doors which have a minimum three quarter hour fire rating at each floor level. The doors shall swing in the direction of exit travel. Stairways shall be enclosed within smoke-tight walls. All required exit pathways shall be maintained free and clear.

(h) Fire extinguishing equipment. A minimum of a type 2A rated fire extinguisher shall be provided in a readily accessible location not more than 100 feet from each housing unit. In addition, a minimum of a type 5BC rated extinguisher shall be provided within 30 feet of all rooms containing cooking facilities. Any extinguisher with an equivalent A: BC rating may be provided.

(i) Fire and smoke detection devices. Each dwelling unit shall have smoke detection devices that are adequately designed, installed and maintained in accordance with the Uniform Code. Battery operated devices are acceptable in existing construction.

(j) Heating. All habitable rooms used or occupied between September 1 and June 1, including bathrooms, shower rooms and washrooms must have heating facilities which are properly installed and maintained, and which are capable of maintaining a minimum temperature of 68 degrees Fahrenheit in each room. Heating facilities may be required by the permit issuing official at housing facilities which are occupied at times other than noted above when the room temperature falls below 68 degrees Fahrenheit. When regulation of the temperature is not controlled by the occupants, the heating facilities must be operated to maintain minimum temperature requirements in all occupied habitable rooms during the specified time period.

(1) In housing constructed after May 1, 1997, all habitable rooms shall have heating equipment which is capable of maintaining a minimum temperature of 70 degrees Fahrenheit, and a minimum temperature of 70 degrees Fahrenheit shall be maintained as required.

(k) Screening of exterior openings. Effective screening shall be provided for all windows and exterior openings of dwelling units. Screen doors shall be tight fitting and self-closing. All screening shall be maintained in good repair.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 15.6