Westbury, N.Y., Code of Ordinances ch. 83 (eCode360 ed. 2026) § 83-6

A. General requirements. Buildings occupied in whole or in part as defined in this chapter shall comply with the requirements hereinafter set forth concerning occupancy, size, light and ventilation in order to provide safe and healthful environment. B. Maximum occupancy and minimum room size. (1) Calculation. For the purpose of this regulation, each person 12 years of age and older shall be counted as one person; children more than one year old but less than 12 years old shall be deemed to be 1/2 person; and infants up to one year old shall not be counted. The floor area shall be based upon the area of habitable rooms contained within the living unit, exclusive of utility and storage rooms, halls, closets, porches and any connecting spaces. Any area in a habitable room which has a ceiling height of less than five feet shall not be counted or included in the computation of the space. (2) Dwelling units. Every dwelling unit shall have at least 150 square feet of habitable floor space for the first occupant, plus 100 square feet of habitable floor space for each additional occupant. Each dwelling unit shall contain one habitable room with at least 150 square feet of floor area and a minimum horizontal dimension of eight feet. Any additional habitable rooms shall have a minimum floor area of 100 square feet and a minimum horizontal dimension of seven feet. (3) Sleeping rooms. No room in any dwelling unit or rooming unit shall be used for sleeping purposes unless there is a minimum habitable floor space of 70 square feet for each occupant. (4) Ceiling height. At least 1/2 of the floor space of any habitable room must have an average ceiling height of at least seven feet, six inches. Portions of floor spaces having ceiling heights less than five feet shall not be counted. C. Prohibited uses. (1) It shall be prohibited to use for sleeping purposes any kitchen, nonhabitable space or public space. (2) It shall be prohibited to use any cellar space as habitable space. (3) It shall be prohibited to install outdoor cellar stairway entrances. (4) It shall be prohibited to install any bathtub or shower within the cellar or basement. D. Basements or cellars. (1) The basement or cellar of any building shall be dry and ventilated and shall be kept free from rubbish accumulation and infestation. (2) Basement dwelling units. No room in any basement shall be occupied as a habitable room unless: (a) The finished floor surface is not more than four feet below grade. (b) The ceiling is not less than four feet above grade. (c) The floors and walls are water- and dampproof in accordance with an approved method, if in contact with earth. Such waterproofing shall be between the floor or wall finish and the ground. E. Lighting and ventilation. Every habitable room in a dwelling or dwelling unit shall contain a window or windows opening directly to the outside air, and the total area of said window or windows shall not be less than 10% of the floor area of such rooms, provided that such window shall not be less than 10 square feet. All window sash shall be glazed and provided with suitable hardware, and shall be made to open to the extent of not less than 5% of the floor area of such room. F. Heating. (1) General. Heating facilities and their accompanying chimneys, flues or stacks are to be installed in compliance with the ordinances of the Village of Westbury and be maintained in good order and repair so that they are capable of safely and adequately providing heat to enclosed spaces which are or may be normally occupied. Doors, windows and other parts of a building shall be constructed and maintained so as to prevent abnormal heat losses. Heating facilities utilizing gas as a fuel shall have a shutoff valve provided at or near the source of supply to the facility in accordance with generally accepted standards. (2) Heating facilities shall be provided to safely and adequately maintain heat in all habitable rooms, bathrooms, kitchenettes, toilet rooms or compartments within the walls of a dwelling to a temperature of at least 68° F. at a distance of three feet and more from the exterior walls and at a level of five feet above the floor level. The capability of said heating equipment shall be based upon an outside temperature of 0° F. (3) Room heaters. No room heater that is independent of the heating system in the dwelling shall be used except where the unit or appliance is first approved by the Superintendent of the Building Department. (4) Water heaters. Every dwelling shall be supplied with an approved water heater or heaters capable of supplying a sufficient quantity of water heated to a temperature of at least 120° F. to every kitchen sink, lavatory, bathtub or shower located therein. Such water heater or heaters shall be properly connected to a supply of potable water. G. Dampness. The floors and walls of every building, every dwelling unit and every rooming unit shall be kept free from dampness. H. Water supplies and sinks. (1) Each dwelling shall be provided with a potable water supply, servicing all required plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable them to function satisfactorily and without undue noise under normal operating conditions. (2) There shall be at least one kitchen sink installed and maintained in good, clean operating condition in every dwelling unit. (3) Every kitchen sink, lavatory, bathtub or shower required by this chapter or other law or ordinance shall be supplied with both hot and cold water properly connected to a supply of potable water. I. Bathrooms. (1) Number and location. In one-family dwellings, there shall be at least one bathroom located within the dwelling. In two- or more family dwellings, each dwelling unit shall have at least one bathroom located within each unit. (2) Arrangement. At least one bathroom in dwelling units shall be accessible from any sleeping room without passing through any other sleeping room. Bathrooms within dwelling units and those in public spaces available for the use of dwelling units shall have provisions made for privacy. (3) Floors. Shower stalls shall be provided with waterproof floors and with a wall wainscot made of at least a water-resistant material and extending to a minimum height of five feet, six inches above the floor level. The floor of existing bathrooms shall be provided, as a minimum, with a surface treatment which is reasonably impervious to moisture. The floors of bathrooms in private dwellings shall be covered, as a minimum, with a moisture-resistant material. The floors of new bathrooms in multiple dwellings shall be waterproof; such waterproofing shall extend six inches or more on the walls above the floors except at doors. Floors shall be kept in a dry, clean and sanitary condition by occupant. (4) Employee facilities. Where there are five or more employees in a multiple dwelling, separate bathroom facilities shall be provided for them and for each sex. Said facilities shall be readily accessible to the employees and shall not open directly into a public kitchen or other public space used for the cooking or preparation of food. (5) Light and ventilation. Every bathroom in a building shall be provided with adequate light and ventilation, either natural or artificial, in accordance with the requirements of the Village of Westbury. J. Plumbing. (1) All plumbing fixtures, water-supply lines, sewer lines and waste-disposal systems and their appurtenances shall be properly installed in accordance with the requirements of the Plumbing Code of the Village of Westbury. They shall be maintained in a safe, sanitary and operating condition, free from defects, leaks and obstructions. (2) Every occupant shall be responsible for the exercise of proper care and cleanliness in the use and operation of all plumbing fixtures, sanitary facilities, appliances and equipment therein. This liability on the part of the occupant shall not relieve the owner of the responsibility of remedying any defect, nor of any other liability imposed upon the owner by law, but it shall subject the occupant to the penalties of this chapter, upon proper proof, of any willful or malicious act he has performed. K. Electrical requirements. (1) General requirements. Existing electrical fixtures, devices, wiring and systems shall be maintained in safe working condition and in a manner which will avoid a potential source of ignition or shock and shall be properly connected to a reasonably adequate source of electrical power. Any old, deteriorated, unused and/or unapproved materials and equipment shall be removed and replaced, as may be required with approved materials and equipment. Additional electrical installations or systems shall be installed in accordance with National Electrical Code and approved by the New York Board of Fire Underwriters. Fixed wiring, equipment, fixtures and devices shall be firmly secured to the surface on which they are mounted. Electrical wiring and equipment shall be protected against excessive current demands by properly rated overcurrent devices installed in approved locations. All panel boards shall be kept free from encumbrances and shall be accessible at all times. (2) Exceptions. The Superintendent of the Building Department of the Village of Westbury may request other repairs, alterations, removal of and/or additional wiring, equipment, safety controls or methods when he deems it necessary to assure safety to the occupants or users. He may further modify the requirements of this section for a particular location when, in his opinion, reasonable and adequate safety is assured by a different but equally safe installation.