ARTICLE I, General Provisions

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Chapter 143, Housing Standards

Part 1, Residential Premises

ARTICLE I, General Provisions

§ 143-1. Title

This Part 1 shall be known as "Housing Standards Applicable to Residential Premises."

§ 143-2. Purpose

The purpose of this Part 1 is to provide basic and uniform standards in terms of performance objectives implemented by specific requirements governing the condition, occupancy and maintenance of residential premises and establishing reasonable safeguards for the safety, health and welfare of the occupants and users thereof.

§ 143-3. Applicability

A Scope. This Part 1 shall apply to existing and to future residential premises, as follows:

(1) Lots, plots or parcels of land which are vacant and which are located in districts zoned for residential use.

(2) Lots, plots or parcels of land on which buildings devoted to residential use or occupancy, mixed occupancy buildings or accessory structures are located.

(3) Buildings devoted to residential use or occupancy, including one- and two-family dwellings and multiple dwellings, mixed occupancy buildings and accessory structures.

B This Part 1 shall not apply to:

(1) Mobile housing premises or migrant housing premises referred to in Parts 2 and 3, respectively, or to nursing, convalescent and old-age homes or similar institutional occupancies.

(2) Fallout shelters constructed or installed to provide safety and security to occupants in accordance with specifications and standards contained in regulations or orders issued by the New York State Civil Defense Commission or other analogous or successor body.

§ 143-4. Application of provisions

The provisions of this Part 1 shall supplement state and local laws, ordinances, codes or regulations. Where a provision of this Part 1 is found to be in conflict with a provision of a state or local law, ordinance, code or regulation, the more restrictive provision shall prevail.

§ 143-5. Compliance with statutes required

Installations, alterations and repairs to residential premises which are required to correct violations of the provisions of this Part 1 and materials, assemblies and equipment utilized in connection therewith shall be safe to persons and property. Conformity of such work, materials, assemblies or equipment to applicable statutes of the State of New York and orders, rules and regulations issued by authority thereof shall be required. Conformity of such work, materials, assemblies or equipment with the applicable requirements of the New York State Uniform Fire Prevention and Building Code shall be prima facie evidence that the same is reasonably safe to person and property.

§ 143-6. Definitions

As used in this Part 1, the following terms shall have the meanings indicated:

ACCESSORY STRUCTURE -- A structure, the use of which is incidental to that of the residential building and which is located on the same premises.

ACCESSORY USE -- A use, occupancy or tenancy customarily incidental to the principal use or occupancy of a residential building. Such "accessory uses" may include, among others, the following:

A Offices for building management.

B Dining rooms, banquet rooms, public kitchens and ballrooms.

C Recreation and playrooms.

D Laundries for the use of tenants and occupants and in connection with the management and operation of a residential building.

E Maintenance and work shops and storage rooms for linen, bedding, furniture, supplies and tenants' equipment and effects.

F Rooms or space for the incidental sale or display of merchandise to occupants and tenants, such as newspaper, candy and cigar stands.

G Garages within a residential building or on the premises thereof used primarily for the storage of passenger-type motor vehicles.

APPROVED -- Approved by the administrative officer under the regulations of this Part 1 or approved by an authority designated by law or this Part 1.

BASEMENT -- That space of a building that is partly below grade, which has more than half its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.

BATHROOM -- Enclosed space containing one (1) or more bathtubs or showers, or both, and which may also contain water closets, lavatories or fixtures serving similar purposes. See definition of "toilet room."

BUILDING -- A structure wholly or partially enclosed within exterior walls, or within exterior or party walls, and a roof, affording shelter to persons, animals or property.

CELLAR -- That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.

DWELLING, ONE-FAMILY -- A building containing not more than one (1) dwelling unit occupied exclusively for residential purposes.

DWELLING, TWO-FAMILY -- A building containing not more than two (2) dwelling units occupied exclusively for residential purposes.

DWELLING UNIT -- One (1) or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one (1) family.

EXIT -- A way of departure from the interior of a building or structure to the exterior at street or grade level, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape.

FAMILY -- A household constituting a single housekeeping unit occupied by one (1) or more persons.

GENERALLY ACCEPTED STANDARD -- A specification, code, rule, guide or procedure in the field of construction or related thereto, recognized and accepted as authoritative.

GRADE, FINISHED -- The natural surface of the ground, or surface of the ground after completion of any change in contour, abutting a building or premises.

HABITABLE SPACE -- Space occupied by one (1) or more persons for living, sleeping, eating or cooking. Kitchenettes shall not be deemed to be "habitable space." See definitions of "nonhabitable space," "public space" and "exit."

INFESTATION -- The presence within or contiguous to a dwelling, dwelling unit, lodging house, lodging unit or premises of insects, rodents, vermin or other pests.

KITCHEN -- Space, sixty (60) square feet or more in floor area, with a minimum width of five (5) feet, used for cooking or preparation of food.

KITCHENETTE -- Space, less than sixty (60) square feet in floor area, used for cooking or preparation of food.

LODGING HOUSE -- A multiple dwelling used primarily for the purpose of furnishing lodging, with or without meals, for compensation.

LODGING UNIT -- A room or group of rooms forming a single habitable unit used or intended to be used for lodging.

MIXED OCCUPANCY -- Occupancy of a building in part for residential use and in part for some other use not accessory thereto.

MULTIPLE DWELLING:

A Building containing three (3) or more dwelling units.

B A building containing living, sanitary and sleeping facilities occupied by one (1) or two (2) families and with more than four (4) lodgers residing with either one (1) of such families

C A building with one (1) or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants.

D A building with sleeping accommodations for more than five (5) persons used or occupied as a club, dormitory or fraternity or sorority house or for similar uses.

E A building used or occupied as a convalescent, old-age or nursing home, but not including private or public hospitals or public institutions. (See § 143-3B for certain multiple dwellings not within scope of this Part 1.)

MULTIPLE RESIDENCE -- See definition of "multiple dwelling."

MUNICIPALITY -- A city, town or village.

NONHABITABLE SPACE -- Space used as kitchenettes; pantries; bath, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms; closets; and other spaces for service and maintenance of the building; and those spaces used for access and vertical travel between stories. See definitions of "habitable space," "public space" and "exit."

PLUMBING SYSTEM -- The water supply system, the drainage system, the vent system, fixtures and traps, including their respective connections, devices and appurtenances within the property lines of the premises.

POTABLE WATER -- Water which is approved for drinking, culinary and domestic purposes.

PUBLIC SPACE -- Space within a residential building for public use, such as lobbies; lounges; reception, ball, meeting, lecture and recreation rooms; banquet and dining rooms and their kitchens; and swimming pools.

SEWAGE -- Liquid waste containing animal or vegetable matter in suspension or solution and which may include industrial wastes and liquids containing chemicals.

STRUCTURE -- An assembly of materials forming a construction frame of component structural parts for occupancy or use, including buildings.

TOILET ROOM -- Enclosed space containing one (1) or more water closets, which may also contain one (1) or more lavatories, urinals and other plumbing fixtures. See definition of "bathroom."

VENTILATION -- Supply and removal of air to and from a space by natural or mechanical means.

VENTILATION, MECHANICAL -- Ventilation by power-driven devices.

VENTILATION, NATURAL -- Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks with or without wind-driven devices.