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This entry was published on 2014-09-22
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Cooking spaces
Multiple Dwelling (MDW) CHAPTER 61-A, ARTICLE 3, TITLE 1
§ 33. Cooking spaces. 1. Every space which is intended, arranged or
designed for cooking or warming of food shall be either a kitchen or
kitchenette. The term "kitchen" shall mean such a space eighty square
feet or more in floor area. The term "kitchenette" shall mean such a
space which is less than eighty square feet in floor area.

2. Every cooking space shall be deemed to be in compliance with this
section if such space was accepted or approved by the department on or
before June thirtieth, nineteen hundred ninety-five, and is maintained
in accordance with such acceptance or approval.

3. Except as provided in sections sixty-one and sixty-seven and
subdivision two of this section, a kitchen or kitchenette shall be
unlawful unless it is constructed, arranged and maintained in compliance
with the following applicable provisions:

a. The ceiling and walls, exclusive of doors, of all kitchenettes
shall be fire-retarded or in lieu thereof such space shall be equipped
with one or more sprinkler heads to fuse at a temperature not higher
than two hundred twelve degrees Fahrenheit. Such heads shall be
connected to the water supply through a pipe of at least one-half inch
inside diameter.

b. In every kitchen and kitchenette, all combustible material
immediately underneath or within one foot of any apparatus used for
cooking or warming of food shall be fire-retarded or covered with
asbestos at least three-sixteenths of an inch in thickness and
twenty-six gauge metal or with fire-resistive material of equivalent
rating, except where such apparatus is installed in accordance with
requirements established by the department in conformity with generally
accepted safety standards for such apparatus. There shall always be at
least two feet of clear space above any exposed cooking surface of such

c. Every kitchenette constructed after July first, nineteen hundred
forty-nine, shall be provided with a window opening upon a street or
upon a yard, court, shaft, or upon any space above a setback. Such
window shall be at least one foot wide, have a total area of at least
three square feet and be at least ten per centum of the superficial
floor area of such kitchenette. In lieu of such window, such kitchenette
may be provided with mechanical ventilation to provide at least six
changes per hour of the air volume of such kitchenette or, when such
kitchenette is on the top story, may have a skylight at least one foot
wide with a total area of at least four square feet or one-eighth of the
area of the kitchenette, whichever is greater, and shall have
ventilating openings of at least one-half of the area of the skylight.

d. Every kitchenette constructed after July first, nineteen hundred
forty-nine, may be equipped with a door or doors, provided the lower
portion of each such door has a metal grille containing at least
forty-eight square inches of clear openings or, in lieu of such a
grille, there are two clear open spaces, each of at least twenty-four
square inches, one between the bottom of the door and the floor, and the
other between the top of each such door and the head jamb.

e. Every kitchen and kitchenette shall be provided with gas or
electricity or both, and shall be equipped for artificial lighting.