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What is NYC BC § 1205.2.3.1?

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This section establishes requirements for adequate adjacent space for rooms located in cellars or basements of multiple dwellings. The space must be open to the sky, continuous, and meet specific dimensional criteria. Applies to building owners of multiple dwellings with basement or cellar units.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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1205.2.3.1 Adequate adjacent space for multiple dwellings.

BC § 1205.2.3.1

Where rooms within a dwelling unit in a multiple dwelling are located in a cellar or a basement, such rooms shall have at least one-half of their height and all of their required window surfaces above every part of an "adequate adjacent space." Such "adequate adjacent space" shall be open to the sky and shall be a continuous surface area not less than 30 feet (9144 mm) in its least dimension abutting at same level or directly below the exterior walls of every part of the basement and cellar portions of such dwelling unit. Such "adequate adjacent space" shall be spaces that are located on the same tax lot or plot in compliance with Section 1206.1 as the building or a public street, space, alley, park, highway or right of way and the level of such areas which abut or adjoin the habitable room shall be at least 6 inches (152.4 mm) below the window sills of any windows.

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