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This entry was published on 2014-09-22
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Size of rooms
Multiple Dwelling (MDW) CHAPTER 61-A, ARTICLE 3, TITLE 1
§ 31. Size of rooms. 1. The provisions of this section, except
subdivision six, shall apply only to multiple dwellings erected after
April eighteenth, nineteen hundred twenty-nine, and shall apply to all
such dwellings unless otherwise expressly limited.

2. Except as in this section and in section thirty-three otherwise
expressly provided, rooms, except kitchens, water-closet compartments
and bathrooms, shall meet the following minimum requirements as to size:

a. In each apartment in a class A multiple dwelling there shall be at
least one living room containing at least one hundred thirty-two square
feet of floor area.

b. Every living room, except as provided in paragraph e, shall contain
at least eighty square feet of floor space.

c. Every room shall be at least eight feet high, the measurements to
be taken from the finished floor to the finished underside of the
ceiling beams except that as many as four beams crossing the ceiling of
any basement room may be disregarded if none of them exceeds twelve
inches in width or extends below the ceiling more than six inches.

d. Every living room shall be at least eight feet in its least
horizontal dimension, except as provided in paragraph e and except that
any number of bedrooms up to one-half of the total number in any
apartment containing three or more bedrooms may have a least horizontal
dimension of seven feet or more.

e. A one-room apartment in a class B multiple dwelling may be as small
as sixty square feet in its floor area and six feet in its least

3. The requirements of this section with respect to the least
horizontal dimension and the minimum area of rooms shall not be
applicable to any room in a fireproof class B multiple dwelling occupied
as a lodging house in which every apartment, other than one apartment
occupied exclusively by a person or persons engaged in the maintenance
or supervision of such multiple dwelling, consists of one room and in
which every such room opens directly upon a public hall.

4. Dining bays with a floor area of fifty-five square feet or less
shall not be considered as rooms or alcoves and shall not be required to
comply with the provisions of section thirty-two. Every such dining bay
shall be equipped with such appropriate permanent fittings as may be
required by the department and shall be provided with at least one
window opening directly upon a street or upon a lawful yard, court or
space above a setback. Such window shall have an area of at least
one-eighth of the floor area of such dining bay.

5. A portion of any apartment used as an entrance hall to such
apartment may be designated as a foyer. Such a foyer shall not be
considered a room if the department shall so permit and if either

a. Its floor area does not exceed ten per centum of the total floor
area of such apartment, or

b. Every room in such apartment exceeds in area the minimum required
area of such room by more than twenty per centum and the floor area of
such foyer does not exceed twenty per centum of the floor area of such

6. a. Exept in class B dwellings and dormitories, no room shall be
occupied for sleeping purposes by more than two adults, considering
children of twelve years of age or more as adults and two children
between the ages of two and eleven years inclusive as the equivalent of
one adult. Children under two years of age need not be considered as
occupants. No room shall have sleeping accomodations for more persons
than can be accommodated in conformity with the provisions of this

b. Every room in every dwelling, whenever erected, shall have at least
four hundred cubic feet of air for each adult, and two hundred cubic
feet of air for each child occupying such room. Except in class B
dwellings, dormitories and except as otherwise provided in subdivision
two of section thirty-one or in section thirty-four for dwellings
erected after April eighteenth, nineteen hundred twenty-nine, and in
sections one hundred seventy-four, two hundred fourteen and two hundred
sixteen, every living room shall (1) contain sixty square feet or more
of floor space, (2) be at least six feet wide at its narrowest part, (3)
if a sleeping room, contain seventy-five square feet or more of floor
space and (4) if less than seventy-five square feet in floor area, shall
not be occupied by more than one adult.