City of Baltimore
Baltimore City Code

Section 404. Occupancy Limitations

404.1 Privacy.

Dwelling units and rooming units must:

1. be arranged to provide privacy,

2. be separate from adjoining units and common areas, and

3. have a separate means of access from a hallway, landing, stairway, or street.

404.2 Minimum room size.

A habitable room, other than a kitchen, may not be less than 7 feet (2134 mm) in any plane dimension.

404.2.1 Kitchens.

A kitchen must contain at least 35 sq. ft (3.25 sq. m.) of floor area, and, if arranged as a corridor the corridor between counter fronts or between a wall and counter fronts must be at least 3 feet (914 mm).

404.3 Minimum ceiling heights.

Habitable spaces hallways, corridors, laundry areas, and bathrooms must have a clear ceiling height of not less than 7 feet (2134 mm) over at least 50% of the floor area. Toilet rooms must have a ceiling height of not less than 6½ feet (1981 mm) over at least 50% of the floor area

Exceptions:

1. {Not Adopted}

2. Basement rooms that otherwise meet the requirements of this § 404.3 may have a clear height of not less than 6 feet (1829 mm) under beams, girders, ducts, and similar obstructions.

3. Rooms occupied exclusively for sleeping, study, or similar purposes and having a sloped ceiling over all or part of the room may have a clear ceiling height of not less than 7 feet (2134 mm) over not less than 33⅓% of the required minimum floor area.

4. As allowed by rules and regulations adopted by the Code Official under § 104.1.1 of this Code

404.3.1 Floor area calculations.

In calculating floor area for purposes of this § 404.3, only those portions of the floor area with a clear height of 5 feet (1524 mm) or more may be included.

404.4 Bedroom requirements.

Every bedroom must comply with the requirements of this § 404.4.

404.4.1 Area for sleeping purposes.

Every bedroom occupied by 1 person must contain at least 70 sq. ft. (6.5 sq. m.) of floor area. Every bedroom occupied by more than one person must contain at least 50 sq. ft. (4.6 sq. m.) of floor area for each occupant of the bedroom.

404.4.2 to 404.4.5 {As in IPMC}

404.5 Overcrowding.

Dwelling units may not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5.

404.5.1 Sleeping area.

The minimum occupancy area required by Table 404.5 may not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas must comply with § 404.4.

404.5.2 Combined spaces.

Combined living room and dining room spaces must comply with the requirements of Table 404.5 if:

1. the total area is equal to that required for separate rooms, and

2. the space is located so as to function as a combination living room/dining room.

Table 404.5
Minimum Area Requirements
Minimum Area in Square Feet
Space 1 to 2 Occupants 3 to 5 Occupants 6 or More Occupants
Living room a,b No requirements 120 150
Dining room a,b No requirements 80 100
Kitchen b 50 50 60
Bedrooms Must comply with § 404.4

For SI: 1 sq. ft. = 0.093 sq. m.

a For combined living room/dining room spaces, see § 404.5.2.

b For limitations on determining minimum occupancy area for sleeping purposes, see § 404.5.1.

404.6 Efficiency unit. {Not Adopted}

404.7 Food preparation.

A dwelling unit must contain a room or space for the storage, preparation, and cooking of food, including a sink and space and connections for a stove and refrigerator.

404.8 Closets.

A dwelling unit must contain at least 1 closet, for storing clothing and other articles, with a floor area of not less than 6 sq. ft. (0.6 sq. m.). A dwelling unit with more than 1 bedroom must contain at least 1 additional closet of the same minimum size.

Exception: This section does not apply to an owner-occupied single family dwelling.

404.9 Minimum dwelling unit size.

A dwelling unit must contain at least 240 sq. ft. (22.3 sq. m.) of clear floor area. At least 1 room must have not less than 120 sq. ft. (11.2 sq. m.) of floor area, with its least plane dimension not less than 8 feet (2438 mm).