Fallsburg, N.Y., Code of Ordinances ch. 156 (eCode360 ed. 2026) § 156-13
Nonhabitable space
Operative Text
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. (1) Toilet rooms and bathrooms in one and two-family dwellings shall have provisions for privacy. (2) Toilet rooms and bathrooms for dwelling units in multiple dwellings shall be located within the dwelling units and shall be accessible from any sleeping room without passing through any other sleeping room. (3) Unless located within dwelling units or directly connected with sleeping rooms, toilet rooms and bathrooms in multiple dwellings shall be provided in each story containing habitable space, and shall be accessible thereto. (4) Toilet rooms for employees in multiple dwellings shall be in separate rooms for each sex where there are five or more employees, shall be readily accessible to such employees and shall not open directly into any public kitchen or other public space used for the cooking or preparation of food. (5) In one and two-family dwellings, bathrooms and toilet rooms shall be provided with floors of moisture-resistant material. (6) In multiple dwellings, floors of bathrooms, toilet rooms and similar spaces shall be waterproof; such waterproofing shall extend six inches or more above floors except at doors, so that floors can be flushed or washed without leaking. C. Light and ventilation. (1) Kitchenettes, bathrooms, and toilet rooms shall be provided with artificial light appropriate for the use of such rooms. (2) Laundry rooms, furnace rooms, and similar nonhabitable space shall be provided with artificial light appropriate for the intended use of such rooms. (3) Stairs shall be provided with artificial light to allow safe ascent or descent. (4) Kitchenettes, bathrooms, and toilet rooms shall be provided with ventilation in accordance with either of the following: (a) Natural ventilation as required for habitable space, except that such openable areas shall be not less than 1 1/2 square feet for bathrooms or toilet rooms and not less than three square feet for kitchenettes. (b) Mechanical ventilation exhausting not less than 25 cfm for bathrooms and toilet rooms and not less than 100 cfm for kitchenettes. (5) 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. (6) Ventilation shall be provided in unheated attics, spaces below flat roofs, and crawl spaces. Location and net areas of ventilation openings shall be such as to minimize deterioration of structural members from condensation or other causes, in conformity with generally accepted standards.
Section 156-13 of Fallsburg's Code of Ordinances establishes minimum physical standards for nonhabitable spaces such as bathrooms, toilet rooms, kitchenettes, laundry rooms, and utility areas in both single-family and multi-family dwellings. The rule sets requirements for ceiling height (at least seven feet, with exceptions for crawl spaces and attics), bathroom privacy and accessibility, waterproofing of floors, and adequate artificial lighting throughout these spaces. It also mandates ventilation — either natural or mechanical — for kitchenettes, bathrooms, and toilet rooms, and requires that equipment rooms in multiple dwellings vent directly to the outside without recirculating air to the rest of the building.
Plain English — not legal advice.
Operators of rental properties in Fallsburg should ensure that all nonhabitable spaces covered by § 156-13 meet the code's structural and environmental minimums. In multiple dwellings, this means confirming that bathroom and toilet room floors are fully waterproofed with a six-inch upward extension, that each bathroom or toilet room has either qualifying natural ventilation openings or a mechanical exhaust fan meeting the cubic-feet-per-minute thresholds stated in the provision, and that equipment rooms vent only to the outside. For one- and two-family rentals, landlords generally verify that bathrooms have moisture-resistant flooring, that toilet rooms provide privacy, and that all stairways and utility spaces have appropriate artificial lighting.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Fallsburg dwellings are entitled to bathrooms, toilet rooms, and other nonhabitable spaces that meet the standards set out in § 156-13, including proper waterproofing, ventilation, lighting, and accessibility from sleeping areas without passing through another sleeping room. If a bathroom lacks adequate ventilation, has non-waterproof flooring, or a stairway is unlit, these conditions may constitute code violations that can be reported to the local code enforcement or housing authority in Fallsburg. Tenant-rights organizations can help residents understand whether observed conditions fall short of § 156-13's requirements and what general options — such as filing a complaint or raising a habitability concern — 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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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