N.Y. Multiple Dwelling Law § 33: Cooking spaces

§ 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

apparatus.

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.