Finger Lakes Building Officials, Inc.

An Affiliated Member of the New York State Building Officials Conference

May 28, 2003

Re: Basement ceiling height
9 NYCRR 1233.3(b)(5)
19 NYCRR 1226 ref. Property Maintenance Code of New York State

You have requested my opinion concerning the application of former provisions of the Uniform Code, in effect prior to January 1, 2003. In this case, your question concerns the required ceiling height of a recreation room in the cellar of a one-family dwelling, Group A-1 occupancy. Based on the sketch floor plan accompanying your letter, it appears that the construction in question would have been regulated as an alteration under former provisions of the Uniform Code.

Section 1233.3(b)(5) provided that an existing ceiling height of 6'-8" was permitted to remain for nonhabitable spaces. As you will recall, recreation rooms were considered nonhabitable spaces, in accordance with section 711.2(b). You should be aware that section 1233.3(b) did not provide for reducing existing ceiling heights.

As a point of information, you should be aware that Title 19 NYCRR Part 1226, ref. Property Maintenance Code of New York State, regulates existing buildings, including those constructed or altered under the former provisions of the Uniform Code. In the PMCNYS, section 404.3, exception number 2 provides that existing basement rooms in one-and two-family dwellings occupied for recreation purposes are permitted to have a ceiling height of 6'-8".

This advisory opinion is based upon the information provided. If you have questions regarding this advisory, please call me at (518) 474-4073.

Sincerely,
Steven Rocklin, RA
Associate Architect
Codes Division

Al03-114

Finger Lakes Building Officials Association, Inc.
3100 Atlantic Ave.
Penfield, NY 14526