New Britain, Conn., Code of Ordinances ch. 13 § 13-176
Use of space below grade as habitable room
Operative Text
(a) No space located partially below grade shall be used as a habitable room or dwelling unit unless approved by the director of health and unless: (1) The floor and those portions of the walls below grade are of waterproof and dampproof construction; (2) The minimum window area is equal to at least that required in section 13-117 , and such window area is located entirely above the grade of the ground adjoining such window area; and (3) The total openable window area in each room is equal to at least the minimum as required under section 13-118 , except where some other devices affording adequate ventilation and humidity control are supplied and approved by the director of health. (b) Cellars shall never be used as habitable rooms or dwelling units.
New Britain Code of Ordinances ch. 13, art. II, div. 8 § 13-176 establishes two tiers of restriction on below-grade living spaces. Spaces that are only partially below grade may be used as habitable rooms or dwelling units, but only after the director of health approves them and only if they meet specific construction, window area, and ventilation requirements. Full cellars, however, face an absolute prohibition and may never be used as habitable rooms or dwelling units under any circumstances.
Plain English — not legal advice.
Under § 13-176, compliant operators ensure that no partially below-grade space is offered or rented as a habitable room without first obtaining approval from the director of health and confirming that the space meets all three technical requirements: waterproof and dampproof floor and below-grade walls, minimum window area located entirely above the adjoining grade, and adequate openable window area or an approved alternative ventilation and humidity-control system. Operators also ensure that no cellar space is ever converted to or marketed as a habitable room or dwelling unit, regardless of any improvements made to the space. Maintaining documentation of the director of health's approval and any approved alternative ventilation devices is a common practice for demonstrating ongoing compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 13-176 gives tenants a basis to question whether a below-grade or cellar unit they occupy or are being offered meets New Britain's habitability standards. If a space is a full cellar, the provision flatly prohibits its use as a dwelling unit; if it is partially below grade, it must have director-of-health approval and satisfy specific construction and ventilation criteria. Tenants who believe their unit may not comply can document conditions, contact the New Britain director of health or relevant code enforcement office, or reach out to a local tenant-rights organization to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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