Any Fire Marshalls out there who can tell me if it is permissible in NY to install a FULL bath (toilet, sink and stall shower)in a CELLAR? This is a finished non-habitable space with NO egress to the outside world. Windows are not large enough and only staircase goes directly up into the house. Thanks!


Comments

  1. Oh, sorry, I read NY and saw in my mind NYC! I was talking about NYC. The declaration is a form that we submit and file with the clerk stating that the bathroom is to be used for single family only. You would have to ask if the local building dept would accept that. Here that filing is part of the recon that is submitted when aksing to do this.

    Jock deBoer, AIA
    deBoer Architects

  2. This would be a home in Nassau County – to make it more complicated, in an incorporated village. The Village code is based on the NYS code. Nowhere does it say specifically that a full bath cannot be installed in an uninhabitable space but when I wanted to put a shower stall, sink and toilet in my cellar I was told in no uncertain terms it was not permissible even though I have an outside entrance to the cellar. The explanation I was given by the bldg supt at that time was exactly what you said – that municipalities are afraid that illegal apts will be set up in these cellars and lives could be lost. So I accepted that explanation.

    However, someone else in the village has the setup I described. That someone works for the Building Department.

    Can you explain what you mean by a “declaration”? Thanks for your time.

  3. A three piece bathroom is not allowed by code in a cellar. He is asking to something other than what the books says. After the crains fell getting anyone to agree to something other than the book is very hard no matter how simple it seems. DOB is very worried about people installing them and then creating apartments where none are allowed. That is why the declaration is required.

  4. You would have to draw up plans, sumbit and ask for a recon. Showers for some reason seem to be allowed vs tubs. I have gotten these apporved in the past but it is alway subject to whose desk it lands on. You would need to file a declaration also.

    Jock deBoer, AIA
    deBoer Architects