§ 45-24.3-11. Minimum space, use, and location requirements.
No person shall occupy, or let to be occupied, a dwelling or dwelling unit, for the
purpose of living, unless there is compliance with the requirements of this section.
(1) Every dwelling unit must contain at least one hundred fifty (150) square feet of floor
space for the first occupant, and at least one hundred thirty (130) square feet of
floor space for every additional occupant, the floor space to be calculated on the
basis of total habitable room space.
(2)(i) In every dwelling unit for two (2) or more rooms, every room occupied for sleeping
purposes must contain at least seventy (70) square feet of floor space for the first
occupant, and at least fifty (50) square feet of floor space for each additional occupant.
A bathroom or water closet compartment must not be used as the only passageway to
any habitable room, hall, basement, or cellar or to the exterior of a dwelling unit.
(ii) At least seventy-five percent (75%) of the floor area of every habitable room must
have a ceiling height of no less than seven feet (7′) and the floor area of that part
of any room, where the ceiling height is less than five feet (5′), must not be considered
as part of the floor area of the room for the purpose of determining the maximum permissible
occupancy. At least fifty percent (50%) of the floor area in attic rooms must have
a ceiling height of seven feet (7′).
(iii) No space, located totally or partially below grade, shall be used as a habitable room
or dwelling unit unless:
(A) The floor, and those portions of the walls below grade, are of waterproof and damp
proof construction;
(B) The minimum window area, required in § 45-24.3-8, is located entirely above grade of the ground adjoining the window area or, if windows
are located wholly or partly below grade, there is constructed a properly drained
window well whose ground open area is equal to, or greater than, the area of the window
opening; the bottom of the window well is below the top of the impervious masonry
construction under this window; and the minimum horizontal projections of the bottom
of the window well is equal to, or greater than, the vertical dimensions (depth) of
the window well as measured from the bottom of the masonry opening for the window,
and no part of the window well opposite this window protrudes above the line projected
at a forty-five degree (45 °) angle from the bottom of the window opening at right
angles to the outer wall;
(C) The total openable window area in each room is equal to at least the minimum, as required
under this chapter, except where there is supplied some other device affording adequate
ventilation and humidity control and approved by the appropriate authority; and
(D) There are no pipes, ducts, or other obstructions, less than six feet (6′) above the
floor level which interfere with the normal use of the room or area.
(3) Every dwelling unit must have at least four (4) square feet of floor to ceiling height
closet space, for the personal effects of each permissible occupant. If it is lacking
in whole or in part, an amount of space, equal in square footage to the deficiency,
must be subtracted from the area of habitable room space used in determining permissible
occupancy.
(4) A dwelling unit must not be occupied by more than one family plus two (2) occupants
unrelated to the family, except for guests or domestic employees or by not more than
one household if the occupants are unrelated, unless a permit for a rooming house
has been granted by the appropriate authority.
(5) Each dwelling must have a suitable facility for the safe storage of medicines, toxic
materials, and household poisons, such as ammonia, paint, gasoline, etc., to ensure
safety for children in the residential environment.