CHAPTER 2
HOUSING MAINTENANCE CODE

[table of contents]

SUBCHAPTER 3
PHYSICAL AND OCCUPANCY STANDARDS FOR DWELLING UNITS

ARTICLE 3
Kitchens and Kitchenettes

[Section] Section
[D26-32.01] 27-2070 Facilities and Equipment
[D26-32.03] 27-2071 Lighting and Ventilation
[D26-32.05] 27-2072 Fire Protection
[D26-32.07] 27-2073 Requirements for Kitchens and Kitchenettes in One-and Two- Family Dwellings


Sec. [D26-32.01] 27-2070 Facilities and equipment

a. The owner of a multiple dwelling shall provide every kitchen and kitchenette therein with gas or electricity or both for cooking.

b. The owner of a multiple dwelling shall provide every kitchen and kitchenette therein with a sink with running water, equipped with a waste and trap at least two inches in diameter.

c. Every kitchenette in a multiple dwelling shall be surrounded by partitions extending from the floor to the ceilings, except for entrances to such kitchenette. When located within a room, such kitchenette, except for entrances, shall be designed so that it is separated from said room. However, a kitchenette existing on December 9, 1955 shall be deemed to be in compliance with this subsection if it is maintained in accordance with prior acceptance or approval by the department.

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Sec. [D26-32.03] 27-2071 Lighting and ventilation

The following requirements shall govern in multiple dwellings:

a. The lighting and ventilation of kitchens shall be governed by the provisions on lighting and ventilation in article one of this subchapter.

b. A kitchenette constructed after July 1, 1949, shall have a window opening upon a street, a yard, court, shaft, any partially enclosed balcony or space above a setback, as described in paragraph three of subdivision a of section 27-2058 of article one of this subchapter section D26 30.03(a)(3), or an offset or recess less than six feet in width. Such window shall be at least one foot wide, have a total area of at least three square feet and be at least ten percent of the floor area of such kitchenette. In lieu of such window, such kitchenette may have 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 of 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.

c. A kitchenette constructed after July 1, 1949, may have a door or doors, if the lower portion of each door has a metal grille containing at least 48 square inches of clear openings or, in lieu of such grille, there are two clear open spaces, each of at least 24 square inches, one between the bottom of the door and the floor, and the other between the top of the door and the head jamb.

d. A kitchenette shall be deemed to be in compliance with this section if it was accepted or approved by the department on or before July 1, 1952, and if it was maintained in accordance with such acceptance or approval.

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Sec. [D26-32.05] 27-2072 Fire protection

a. In a multiple dwelling, the owner shall fire-retard in every kitchen and kitchenette all combustible material immediately underneath or within one foot of any apparatus used for cooking or warming food; or shall cover such combustible material with asbestos of at least three-sixteenths of an inch in thickness and 26 gauge metal, or with fire resistive material of equivalent rating, except where such cooking or warming apparatus is installed in accordance with requirements established by the department in conformity with generally accepted safety standards. There shall be at least two feet of clear space above the exposed cooking surface of any such apparatus.

b. In a multiple dwelling, the owner shall, in every kitchenette, either fire-retard the ceilings and walls, exclusive of doors, or install one or more sprinkler heads to fuse at a temperature not higher than two hundred and twelve degrees Fahrenheit. Such heads shall be connected to the water supply through a pipe of at least one-half inch in diameter. Any kitchenette, which was accepted or approved by the department on or before July first, nineteen hundred fifty-two and maintained in accordance with such acceptance or approval shall be deemed to be in compliance with this subdivision.

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Sec. [D26-32.07] 27-2073 Requirements for kitchens and kitchenettes in one-and two-family dwellings

The following requirements shall govern one- and two-family dwellings:

a. The lighting and ventilation of kitchens constructed on or after July 14, 1967 shall be governed by the provisions on lighting and ventilation of section 27-2062 of article one of this subchapter.

b. Every kitchenette constructed on or after July 14, 1967 shall be provided with a window opening upon a street, yard, or court. Such window shall be at least one foot wide, have a total area of at least three square feet and be at least ten percent of the floor area of such kitchenette. However, when a kitchenette is on the top story, it may have, in lieu of such window, 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 which shall have ventilating openings of at least one-half of the area of the skylight. In lieu of a window, a kitchenette may have mechanical ventilation to provide at least six changes per hour of the air volume of such kitchenette.

c. Every kitchenette may be equipped with a door or doors, if the lower portion of each such door has a metal grille containing at least 48 square inches of clear openings or, in lieu of such a grille. there are two clear open spaces, each of at least 24 square inches, one between the bottom of the door and the floor, and the other between the top of the door and the head jamb.

d. In every kitchen and kitchenette, constructed on or after July 14, 1967, all combustible material immediately underneath or within one foot of any permanent apparatus used for cooking or warming food shall be fire-retarded or covered with asbestos at least three-sixteenths of an inch in thickness and 26 gauge metal or with fire-resistive material of equivalent rating, except where such permanent cooking or warming apparatus is installed in accordance with requirements established by the department in conformity with generally accepted safety standards. There shall always be at least two feet of clear space above any exposed cooking surfaces of such apparatus.

e. The owner shall, in every kitchenette constructed on or after July 14, 1967, fire-retard the ceilings and walls, exclusive of doors.

f. The owners of a dwelling shall provide every kitchen and kitchenette with gas or electricity or both for cooking and with a sink with running water, equipped with a waste and trap at least two inches in diameter.

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