Avoid violations and hefty fines by knowing your Codes
Some of Design 2147’s extended family members have received violations for having installed a bathroom in their cellars. To help prevent violations and hefty fines, Design 2147, Ltd. would like to review Buildings Bulletin 2011-010 and clarify the conditions for installing a bathroom in one- or two-family dwellings.
Section 12-10 of the Zoning Resolution allows a cellar to contain accessory spaces not used for dwelling purposes. A bathroom is generally not considered a habitable room. Accordingly, a cellar in a one- or two-family dwelling may contain a minimally-sized powder room with two fixtures consisting of a lavatory and water closet.
However, subject to the review and acceptance of the borough commissioner, a cellar in a one- or two-family dwelling may contain a full bathroom with a lavatory, a water closet and a shower or bathtub (“three-fixture bathroom”) that complies with the requirements listed below:
- A cellar in a one- or two-family dwelling may contain a three-fixture bathroom provided the following conditions are met:
- The cellar is open without partitions except for enclosures for:
• a boiler room
• a laundry room
• windowless storage and/or utility rooms limited to less than 60sf
- The cellar is connected via an unenclosed stair to the residence above except for a door at the top of the stair.
- The cellar has direct access to the outdoors via stairs and an operable door.
- The cellar is equipped with smoke and carbon monoxide detectors.
- The cellar does not contain any other fixtures or roughing for future fixtures; however, laundry (slop) sinks, washers, gas dryers and related piping shall be permitted.
- The boiler room shall be enclosed with one-hour fire-rated construction and properly ventilated.
- Where the cellar contains a garage, such garage shall be separated from the cellar by one-hour fire-rated construction.