Waverly, N.Y., Code of Ordinances ch. 93 (eCode360 ed. 2026) § 93-14
Provisions applicable to 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 space 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: 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 or mechanical ventilation exhausting not less than 25 cubic feet per minute for bathrooms and toilet rooms and no less than 100 cubic feet per minute 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 93-14 of Waverly, N.Y., Code of Ordinances Chapter 93 establishes minimum physical standards for nonhabitable spaces in residential dwellings. It sets a seven-foot minimum ceiling height for nonhabitable areas (excluding crawl spaces and attics), specifies where and how toilet rooms and bathrooms must be located and constructed, and requires adequate artificial lighting and ventilation in kitchenettes, bathrooms, laundry rooms, stairways, and mechanical equipment spaces. Flooring in bathrooms and toilet rooms must be moisture-resistant in one- and two-family dwellings and fully waterproof in multiple dwellings, with waterproofing extending at least six inches up the walls.
Plain English — not legal advice.
Operators of residential properties in Waverly should ensure that all nonhabitable spaces comply with the detailed standards set out in § 93-14. In multiple dwellings, this means confirming that bathroom and toilet room floors are waterproofed with upturned edges of at least six inches, that each bathroom or toilet room has at least 1.5 square feet of openable ventilation or a mechanical exhaust system meeting the specified airflow rates, and that artificial lighting is installed in kitchenettes, bathrooms, laundry rooms, furnace rooms, and stairways. Compliant operators also verify that toilet rooms for five or more employees are sex-segregated, accessible, and not directly connected to food preparation areas, and that mechanical equipment spaces are vented to the outside without recirculating air.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Waverly dwellings are entitled to bathrooms and toilet rooms that meet the construction, privacy, accessibility, and ventilation standards described in § 93-14. If a bathroom lacks proper waterproofing, adequate ventilation, or appropriate lighting, or if a toilet room in a multiple dwelling is not accessible from a sleeping room without passing through another sleeping room, these conditions may constitute code violations. Tenants who believe their unit falls short of these standards can document the conditions, raise the issue with their landlord in writing, or contact the local code enforcement office to inquire about filing a complaint.
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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