N.Y. Multiple Dwelling Law § 76: Water-closet and bath accommodations

§ 76. Water-closet and bath accommodations. 1. General requirements.

This section shall apply to all dwellings whenever erected or converted

except as herein provided.

a. No water-closet shall be installed, kept or maintained in any yard,

court or other open space, and every water-closet or other receptacle to

receive fecal matter, urine or sewerage, located in any such yard, court

or other open space, shall be completely removed, and the place where

they were located shall be disinfected under the direction of the

department.

b. No water-closet shall be installed, kept or maintained in a cellar

or basement unless it is provided for lawful cellar or basement living

rooms, or is supplementary to the required water-closet accommodations.

c. No water-closet shall open directly into any kitchen or kitchenette

in a multiple dwelling erected after April eighteenth, nineteen hundred

twenty-nine.

d. Every water-closet compartment shall be at least two feet four

inches in clear width and, except in a general toilet or bathroom, shall

be enclosed with partitions which shall extend from the floor to the

ceiling and which shall be plastered or tiled or covered with similar

materials approved by the department.

e. The floor of every such compartment, bathroom or general toilet

room shall be made waterproof with material approved by the department,

and such waterproofing material shall extend six inches or more above

the floor, except at doors.

f. The use of drip trays is unlawful.

g. No plumbing fixture or water-closet shall be enclosed wholly or in

part with woodwork.

h. Every water-closet compartment, bathroom and general or public

toilet room, and every other room containing one or more water-closets

or urinals, except as specifically provided otherwise in this section,

shall have at least one window opening upon a street or lawful court,

yard or space above a setback. Every such window shall be at least three

square feet in area and shall be made so that half its area can be

readily opened.

i. No window shall be required when each such compartment, bathroom or

general toilet room is located on the top story or underneath the bottom

of a lawful shaft or court and is lighted and ventilated in either case

by a skylight the roof of which contains at least three square feet of

glazed surface and is arranged to be readily opened.

j. In lieu of a required window or skylight, it shall be lawful to

install a system of ventilation, approved for construction and

arrangement by the department, for water-closet compartments used for

the business portions of any dwelling or for compartments containing

water-closets, bathrooms or general toilet room in any dwelling. Such

system of ventilation shall be maintained and operated continuously to

provide at least four changes per hour of the air volume of each such

water-closet compartment, bathroom or general toilet room daily from

seven o'clock in the morning until seven o'clock at night in any

business parts of such dwelling and from six o'clock in the morning

until midnight in all parts used for dwelling purposes.

k. Every water-closet compartment or bathroom shall be provided with

electricity and fixtures to light the same properly.

l. In a fireproof dwelling in which two or more rooms, all of which

open directly upon the same public hall, are occupied exclusively by

persons employed by the tenants thereof, there shall be provided for the

occupants of such rooms and accessible therefrom directly or through

such public hall, at least one water-closet compartment for the first

four such rooms or fraction thereof and at least one additional

water-closet compartment for each additional seven such rooms or

fraction thereof, and no further water-closet accommodations for such

rooms shall be required.

m. Water-closets may be placed together in a general toilet room

provided they are supplementary to required water-closet accommodations

or are solely for the use of business portions of the dwelling.

n. Except as herein provided if any living rooms in a fireproof

dwelling open directly upon a public hall without any intervening room,

foyer or passage, or if any suites of two living rooms in such a

dwelling open upon a foyer giving direct access to a public hall, only

one water-closet compartment shall be required for every three such

living rooms on each story. Every such water-closet compartment shall be

accessible to one or more of said rooms without passage through a public

hall or any bedroom.

2. Class A dwellings.

a. Every apartment in a class A dwelling, except old-law tenements,

shall be provided with a water-closet which shall be placed in a

compartment completely separated from any other water-closet.

b. Every apartment in a class A dwelling, except old-law tenements,

shall also contain a bath, which may be in a separate compartment or

together with the water-closet in a bathroom. There shall be access to

at least one such compartment or bathroom from every bedroom without

passing through any other bedroom.

3. Class B dwellings.

a. The requirements of paragraph n, of subdivision one of this section

shall not apply to a fireproof class B dwelling, every living room of

which, except those used only by employees employed exclusively in the

management and maintenance of such dwelling, has direct access to a

public hall without passing through any other room, foyer or private

hall and in which water-closet accommodations are provided in accordance

with the provisions of this subdivision.

b. In such a fireproof dwelling there shall be on each story upon

which there is any living room at least two water-closet compartments

for the first twenty such living rooms or fraction thereof and at least

one additional water-closet compartment for each additional fifteen such

living rooms or fraction thereof, and no further water-closet

accommodations for such rooms shall be required.

c. There shall be on each story of such fireproof dwelling, in

addition to the water-closet accommodations required in paragraph n of

subdivision one hereof, at least one water-closet compartment for every

fifteen living rooms or fraction thereof not having access to a

water-closet compartment without passage through a public hall or

bedroom, and every such room shall have access to such a compartment

through a public hall. If two or more such compartments be required on

any story by the provisions of this paragraph, they may be placed in a

general toilet room.

d. For every urinal supplied on any story of such fireproof dwelling

on which seventeen rooms or more are occupied exclusively by males, one

water-closet compartment less than the number otherwise required may be

provided on such story; except that the number of water-closet

compartments on such story may not be reduced to less than

three-quarters of the number otherwise required.

e. The water-closet compartments on each story of such a dwelling

shall be accessible from every living room on the story. Such

compartments may be placed in one or more general toilet rooms.

f. In a non-fireproof class B dwelling there shall be at least one

water-closet compartment and one wash basin for every seven sleeping

rooms and there need not be more than that number except that there

shall be at least one on each story. At least one such water-closet

compartment and one wash basin on each story of such dwelling shall be

accessible from every living room on the same story.

4. Converted dwellings.

a. Every apartment in a class A converted dwelling shall be provided

with a water-closet which shall be placed in a compartment or bathroom

within each apartment completely separated from any other water-closet.

Every such apartment shall also contain a bath or shower and a wash

basin.

b. In every class B converted dwelling there shall be at least one

water-closet compartment on any floor containing any room used for class

B occupancy and at least one bathroom or shower room and one wash basin

for every six persons and for any remainder of less than six persons who

may lawfully occupy any room or rooms for class B occupancy.

(c) Additional required water-closets and wash basins which are

installed in order to comply with the provisions of this paragraph

whether provided separately or in combination, shall be in a compartment

separate and apart from every bath or shower required under the

provisions of paragraph b, and each such additional required bath or

shower shall be in a compartment separate and apart from every

water-closet and wash basin required under the provisions of paragraph

b, except that any such additional required water-closet, bath or shower

or wash basin may be included in a single compartment containing any or

all of such facilities, if such compartment is accessible only from or

only within a room, apartment or suite of rooms and the occupant or

occupants of such room, apartment or suite are exclusively entitled to

use all such facilities contained in such compartment.

5. Old-law tenements. In every old-law tenement there shall be

provided for the exclusive use of each family at least one water-closet

compartment located within the dwelling. Such compartment shall be

constructed and ventilated as approved by the department but such

compartment shall be located on the same story as that on which the

apartment occupied by each such family is situated and shall be equipped

with lock and key. The provisions of this subdivision shall not apply

(a) to any dwelling which the department of city planning certifies is

in an area to be acquired for a public improvement and for which a

request for acquisition has been submitted to the board of estimate by a

public agency; or (b) to any dwelling in an area for which an urban

renewal plan has been submitted to the planning commission, as provided

in section five hundred five of the general municipal law, if the

planning commission shall certify that compliance with the provisions of

this subdivision would be inconsistent with the plan; or (c) for which a

demolition permit has been or shall be issued by the municipality

pursuant to local law or ordinance. The exemption provided in (a), (b),

and (c) of this subdivision shall be valid for a period of six months

after the date of the acquisition request or the date of the submission

of the urban renewal plan to the commission or the date of the issuance

of the demolition permit as the case may be. Such exemption may be

extended from time to time by the department provided, however, that

such exemption shall not extend beyond November first, nineteen hundred

sixty-five.

6. Single room occupancy.

a. Every apartment used for single room occupancy shall have at least

one bath or shower, one wash-basin and one water-closet for each six

adult persons who may lawfully occupy the rooms in such apartment as

provided in section two hundred forty-eight, and for any remainder of

less than six persons. If additional baths or showers or water-closets

are installed within an apartment in order to comply with the provisions

of this paragraph each water-closet shall be in an enclosure separate

and apart from every bathroom or shower room and each bath or shower

shall be in an enclosure separate and apart from every water-closet.

b. There shall be access to each required water-closet and bathroom

without passing through any sleeping room, except that any water-closet,

wash-basin or bathroom which connects directly with any sleeping room

shall be deemed to be available only to the occupants of such room and

shall not be included in the computations for the required number of

water-closets and bathrooms.

7. Saving clause. No change need be made in the number, construction,

arrangement, lighting or ventilation of water-closet compartments,

bathrooms or general toilet rooms in any portion of any dwelling if the

number, construction, arrangement, lighting or ventilation of such

water-closet compartments, bathrooms or general toilet rooms was lawful

on July first, nineteen hundred sixty-one.