2006 New York Code - Occupancy Of Cellars And Basements In Any Multiple Dwelling With "adequate Adjacent Space".

 
    §  27-2082 Occupancy of cellars and basements in any multiple dwelling
  with "adequate adjacent  space".  A  dwelling  unit  in  the  cellar  or
  basement  of a multiple dwelling may be occupied if all of the following
  requirements are met:
    a. Every room has a minimum height of eight  feet  in  every  part  in
  dwellings erected after July first, nineteen hundred fifty-seven, and of
  seven feet in dwellings erected prior thereto.
    b.  Every room has at least one-half of its height in every part above
  the highest level of an "adequate  adjacent  space."  As  used  in  this
  section  an  "adequate  adjacent  space" is an area outside the dwelling
  which:
    (1) is thirty feet in its least dimension,
    (2) is located on the same lot as the  dwelling  or  in  a  street  or
  public place,
    (3)  is  open and unobstructed, except as provided in subdivision nine
  of section twenty-six of the multiple dwelling law, and
    (4) abuts at the same level, or directly  below,  every  part  of  the
  exterior walls of every dwelling unit located on the same floor.
    c.  The  bottom  of  such  "adequate  adjacent space" is at a level no
  higher than six inches below the sill of any required window opening  on
  such space.
    d.  Whenever  the  floor of any part of the dwelling unit is below the
  level of such "adequate adjacent space," either the ceiling,  walls  and
  partitions  of  the dwelling unit are fire retarded or the dwelling unit
  is equipped with a sprinkler system in  a  manner  satisfactory  to  the
  department.
    e. The entire cellar or basement in which the dwelling unit is located
  complies with all requirements of the multiple dwelling law with respect
  to fire protection and to means of egress, including cellar and basement
  stairs and cellar entrances.
    f.  A cellar occupied hereunder for dwelling purposes shall be counted
  as a story for the purpose of the requirements of the multiple  dwelling
  law  with  respect  to  means  of  egress, but shall not be counted as a
  separate story for the purpose of determining when a dwelling must be of
  fireproof construction.