The owner of any dwelling or dwelling unit must assure compliance with the following standards during human habitation:
(a) Floor area, dwelling unit. Every dwelling unit must contain at least 150 square feet of floor area for the first occupant and at least 100 additional square feet of floor area for every additional occupant. The floor area of that part of any room where the ceiling height is less than 5 feet or where the room width is less than 7 feet must not be considered in computing the habitable space of the room to decide its maximum permissible occupancy.
(b) Floor area, sleeping. In every dwelling unit of 2 or more rooms, every room occupied for sleeping purposes by one occupant must contain at least 70 square feet of habitable space, and every room occupied for sleeping purposes by more than one occupant must contain at least 50 square feet of habitable space for each occupant. However, in a mobile home every room occupied for sleeping purposes by one occupant must contain at least 50 square feet of habitable space; by 2 occupants, at least 70 square feet of habitable space; and by more than 2 occupants, at least an additional 50 square feet of habitable space for each additional occupant.
(c) Floor area, individual living unit. Each individual living unit must contain at least 150 square feet of floor area for each occupant. The floor area of that part of any room where the ceiling height is less than 5 feet or where the room width is less than 7 feet must not be considered in computing the habitable space of the room to decide its maximum permissible occupancy.
(d) Ceiling height. At least one-half of the floor area of every habitable room must have a ceiling height of at least 6 feet 8 inches, except that a beam, girder, duct or other obstruction may project to within 6 feet 4 inches of the finished floor.
(e) Cellar space. Cellar space must not be used as habitable space without written permission from an enforcing agency.
(f) Basement space. Basement space must not be used as habitable space unless, in addition to all other requirements of this Chapter:
(1) the floor and walls and are impervious to leakage of underground and surface runoff water and insulated against dampness; and
(2) the minimum aggregate glass area of windows required by this Chapter is located entirely above the grade of the ground adjoining the window area.
(g) Access to sleeping room. The access to any sleeping room must not pass through another sleeping room.
(h) Privacy. Each dwelling unit and individual living unit must be arranged to provide privacy, with doors and floor to ceiling walls. (Mont. Co. Code 1965, § 91-8; 1979 L.M.C., ch. 11, § 4; 1980 L.M.C., ch. 29, § 1; 1988 L.M.C., ch. 23, § 1; 1997 L.M.C., ch. 1, § 1; , § 1; , §1.)
Editor’s note—Former § 26-9, “Minimum space, use and location requirements,” was repealed, reenacted with amendments, renumbered § 26-5, and retitled pursuant to , § 1.
Editor’s note—Former § 26-5, “Minimum standards for basic equipment and facilities,” which was derived from Mont. Co. Code 1965, § 91-5; 1972 L.M.C., ch. 12, § 1; 1979 L.M.C., ch. 11, § 2; 1988 L.M.C., ch. 23, § 1; 1997 L.M.C., ch. 1, § 1, former § 26-6, “Minimum standards for light, ventilation and heating,” which was derived from Mont. Co. Code 1965, § 91-6; 1972 L.M.C., ch. 12, § 2; 1972 L.M.C., ch. 16, § 13; 1979 L.M.C., ch. 11, § 3; 1980 L.M.C., ch. 23, § 1; 1997 L.M.C., ch. 1, § 1; and former § 26-7, “Temperature control,” which was derived from 1972 L.M.C., ch. 12, § 3; 1973 L.M.C., ch. 27, § 1; 1988 L.M.C., ch. 23, § 1; and 1997 L.M.C., ch. 1, § 1, were repealed, reenacted with amendments, renumbered §§ 26-6 and 26-7, and retitled pursuant to , § 1. Certain portions of Former § 26-5, “Minimum standards for basic equipment and facilities,” were incorporated into § 26-8 pursuant to 2002 L.M.C., ch.15, § 1.
