Patchogue, N.Y., Code of Ordinances ch. 238 (eCode360 ed. 2026) § 238-12
Nonhabitable space
Operative Text
Nonhabitable space shall conform to the following requirements: A. Height. Nonhabitable space, except crawl spaces and attics, in multiple dwellings shall have a minimum height of seven feet, measured from floor to ceiling. B. Toilet rooms and bathrooms. Toilet rooms and bathrooms shall meet the following requirements: (1) Toilet rooms and bathrooms shall have provisions for privacy. (2) Bathrooms and toilet rooms shall be provided with floors of moisture-resistant material and natural ventilation to the exterior, or mechanical ventilation. C. Light and ventilation. Nonhabitable space shall have the following light and ventilation requirements: (1) Kitchenettes, bathrooms and toilet rooms shall be provided with ventilation by natural means as required for habitable space, except that openable areas shall not be less than 1 1/2 square feet for bathrooms or toilet rooms and not less than three square feet for kitchenettes. In the alternative, such rooms may be provided with mechanical ventilation exhausting not less than 25 cubic feet per minute for bathrooms and toilet rooms and not less than 100 cubic feet per minute for kitchenettes. (2) Ventilation shall be provided in unheated attics, spaces below flat roofs and crawl spaces. The location and net areas of ventilation openings shall be such as to minimize the deterioration of structural members from condensation or other causes, in conformity with generally accepted standards. (3) Spaces in multiple dwellings which contain central heat-producing, air-conditioning and other equipment shall be ventilated to the outer air, and air from these spaces shall not be recirculated to other parts of the building, and such spaces shall be fire resistant as follows: (a) High-capacity heater rooms shall be located in a separate building or be enclosed by noncombustible construction having a fire-resistance rating of not less than two hours. (b) Moderate-capacity heater rooms shall be located in a separate room enclosed by construction having a fire-resistance rating of at least one hour. (c) Low-capacity heater rooms shall not be required to be enclosed. Where an enclosure is provided for such equipment, the enclosure shall have a fire-resistance rating of at least 3/4 of an hour.
Section 238-12 of Patchogue's Code of Ordinances establishes minimum physical standards for nonhabitable spaces in multiple dwellings, covering ceiling heights, bathroom privacy and moisture resistance, ventilation requirements for kitchenettes and bathrooms, and fire-resistance ratings for mechanical equipment rooms. Nonhabitable spaces such as bathrooms and kitchenettes must meet specific airflow thresholds—either through natural openings or mechanical exhaust systems—while attics and crawl spaces require ventilation sized to prevent structural deterioration. Equipment rooms housing heating and air-conditioning systems must be ventilated to the outside and constructed with fire-resistant materials rated according to the capacity of the equipment they contain.
Plain English — not legal advice.
Operators of multiple dwellings in Patchogue should ensure that all nonhabitable spaces comply with the dimensional and ventilation standards set out in ch. 238 § 238-12. Compliant properties generally feature bathroom and toilet room floors made of moisture-resistant materials, ventilation openings or mechanical exhaust systems meeting the specified square-footage and cubic-feet-per-minute thresholds, and heater rooms enclosed with construction materials carrying the fire-resistance ratings required for their capacity level. Routine inspections of attic and crawl space ventilation openings, as well as verification that equipment room air is not recirculated into occupied areas, are among the practices associated with ongoing compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in multiple dwellings in Patchogue are entitled to bathrooms, toilet rooms, and other nonhabitable spaces that meet the standards described in ch. 238 § 238-12, including adequate ventilation, moisture-resistant flooring, and privacy provisions. If a bathroom lacks proper ventilation, has deteriorating floors, or a mechanical equipment room appears improperly constructed or vented, these conditions may constitute code violations that can be reported to the appropriate local housing or code enforcement authority. Tenant-rights organizations can help residents understand what documentation to gather and what local complaint processes may be available.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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