Modesto Municipal Code Art. 18 Light, Ventilation and Occupancy Limitations

The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.

(Ord. 3513-C.S., § 2, effective 6-12-09)

The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter.

(Ord. 3513-C.S., § 2, effective 6-12-09)

In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the provisions of Chapter 1 of Title 9 of the Modesto Municipal Code shall be permitted.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be eight (8) percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three (3) feet from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.

Exception:

Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight (8) percent of the floor area of the interior room or space, but not less than twenty-five (25) square feet. The exterior glazing area shall be based on the total floor area being served.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Every common hall and stairway in residential occupancies, other than in one-and two-family dwellings, shall be lighted at all times with at least a sixty (60) watt standard incandescent light bulb for each two hundred (200) square feet of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than thirty (30) feet. In other than residential occupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of one (1) footcandle at floors, landings and treads.

(Ord. 3513-C.S., § 2, effective 6-12-09)

All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Every habitable space shall have at least one (1) openable window. The total openable area of the window in every room shall be equal to at least forty-five (45) percent of the minimum glazed area required in Section 9-8.1804 of this Code.

Exception:

Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight (8) percent of the floor area of the interior room or space, but not less than twenty-five (25) square feet. The ventilation openings to the outdoors shall be based on a total floor area being ventilated.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 9-8.1807 of this Code, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit.

Exceptions:

1. Where specifically approved in writing by the Building Official.

2. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.

(Ord. 3513-C.S., § 2, effective 6-12-09)

A habitable room, other than a kitchen, shall not be less than seven (7) feet in any plan dimension. Kitchens shall have a clear passageway of not less than three (3) feet between counterfronts and appliances or counterfronts and walls.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven (7) feet.

Exceptions:

1. In one-and two-family dwellings, beams or girders spaced not less than four (4) feet on center and projecting not more than six (6) inches below the required ceiling height.

2. Basement rooms in one-and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six (6) feet eight (8) inches with not less than six (6) feet four (4) inches of clear height under beams, girders, ducts and similar obstructions.

3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven (7) feet over not less than one-third (⅓) of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five (5) feet or more shall be included.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Every bedroom and living room shall comply with the requirements of Sections 9-8.1813 and 9-8.1814 of this Code.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Every living room shall contain at least one hundred twenty (120) square feet and every bedroom shall contain at least seventy (70) square feet.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.

Exception:

Units that contain fewer than two (2) bedrooms.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Every bedroom shall have access to at least one (1) water closet and one (1) lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one (1) water closet and lavatory located in the same story as the bedroom or an adjacent story.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Kitchens and non-habitable spaces shall not be used for sleeping purposes.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Bedrooms shall comply with the applicable provisions of this Code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements set forth in Article 19 of this Code; the heating facilities and electrical receptacle requirements set forth in Article 24 of this Code; and the smoke detector and emergency escape requirements set forth in Article 27 of this Code.

(Ord. 3513-C.S., § 2, effective 6-12-09)

The number of persons occupying a dwelling unit shall not create conditions that, in the opinion of the Building Official, endanger the life, health, safety or welfare of the occupants.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Efficiency dwelling units shall comply with the following:

(a) The unit shall have a living room of not less than two hundred twenty (220) square feet of floor area. An additional one hundred (100) square feet of floor area shall be provided for each occupant of such unit in excess of two (2).

(b) The unit shall be provided with a separate closet.

(c) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty (30) inches (762 mm) in front. Light and ventilation conforming to this Code shall be provided.

(d) The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower.

(Ord. 3513-C.S., § 2, effective 6-12-09)

All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.

(Ord. 3513-C.S., § 2, effective 6-12-09)