Oneida, N.Y., Code of Ordinances ch. 77 § 77-89
Basements and cellars
Operative Text
A. Rooms providing facilities for recreation and which may also have facilities for incidental food preparation may be located in a cellar or a basement. B. No basement shall be used as a habitable room or dwelling unit unless: (1) The floors and walls are substantially watertight. (2) Windows are provided on at least one wall. (3) The dimension from the wall having the major window area to the opposite wall does not exceed four times the clear height of the basement. If this dimension is exceeded, the portion of the basement beyond the limiting dimension shall not be used as habitable space. C. Except in multiple dwellings, cellars may be used as habitable space providing the cellar complies with all the following requirements: (1) Combustion air shall not be taken from habitable space directly or indirectly. (2) All habitable space in cellars shall be ventilated by mechanical means. The ventilating system shall replace the air in the habitable spaces at the rate of at least five cubic feet per minute per human occupant. The air supply of said ventilation system shall be from the exterior or may be drawn from the floor above provided that the floor above is occupied by the same tenancy as the cellar. (3) Walls of cellars shall be constructed to prevent condensation forming thereon when the relative humidity in the habitable area is 35%. (4) All fuel-burning equipment shall be separated from habitable space by a partition having a minimum fire rating of 3/4 of an hour.
Oneida, N.Y., Code of Ordinances ch. 77 § 77-89 sets out the conditions under which below-grade spaces may be used for living purposes. Basements may serve as habitable rooms or dwelling units only when floors and walls are substantially watertight, at least one wall has windows, and the room's depth does not exceed four times its clear ceiling height. Cellars (in non-multiple-dwelling buildings) may be used as habitable space only when specific mechanical ventilation, condensation-resistant walls, and fire-separation requirements for fuel-burning equipment are all met. Recreation rooms and incidental food-preparation areas may be placed in either a cellar or basement without meeting the full habitable-space standards.
Plain English — not legal advice.
Under Oneida, N.Y., Code of Ordinances ch. 77 § 77-89, compliant operators verify that any basement offered as a habitable room or dwelling unit has watertight floors and walls, windows on at least one wall, and a depth-to-height ratio within the prescribed limit before occupancy is permitted. For cellar habitable space in non-multiple dwellings, operators ensure that mechanical ventilation systems are installed and sized to the required air-exchange rate, that wall assemblies resist condensation at 35% relative humidity, and that fuel-burning equipment is separated from living areas by a partition with at least a 3/4-hour fire rating. Keeping documentation of inspections, ventilation system specifications, and waterproofing measures helps demonstrate ongoing compliance with § 77-89.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 77-89 of Oneida's Code of Ordinances establishes minimum conditions that must be present before a basement or cellar can lawfully be used as living space, including watertightness, adequate windows, proper mechanical ventilation, and fire separation from fuel-burning equipment. If a rented basement or cellar unit appears to lack these features—such as persistent water intrusion, no operable windows, or inadequate ventilation—tenants may have grounds to raise a housing-code violation with the appropriate local code enforcement authority in Oneida. Tenant-rights organizations and legal aid services can help residents understand how § 77-89 applies to their housing conditions and what complaint or defense options 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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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