Village of Brewster, NY
Putnam County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Brewster 7-7-1993 by L.L. No. 1-1993 (Ch. 72 of the 1992 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 82.
Uniform construction codes — See Ch. 103.
Solid waste — See Ch. 205.
Article I Standards

§ 148-1 Findings.

§ 148-2 Purpose and scope.

§ 148-3 Construal of provisions.

§ 148-4 Conformity of work with Building Code and other laws.

§ 148-5 Definitions.

§ 148-6 Construal of certain terms and requirements.

§ 148-7 Classification of buildings.

§ 148-8 Maximum occupancy.

§ 148-9 General restrictions on use of space.

§ 148-10 Habitable space.

§ 148-11 Public space.

§ 148-12 Nonhabitable space.

§ 148-13 Stairs and railings.

§ 148-14 Exits.

§ 148-15 General structural requirements.

§ 148-16 Exterior protection.

§ 148-17 Interior protection.

§ 148-18 Accumulation and storage of certain materials.

§ 148-19 Prevention of fire spread.

§ 148-20 Quality of interior materials.

§ 148-21 Fireplaces.

§ 148-22 Equipment requirements generally.

§ 148-23 Plumbing.

§ 148-24 Fuel gas and fuel oil.

§ 148-25 Heating.

§ 148-26 Chimneys, flues and gas vents.

§ 148-27 Nuisance liability and abatement.

§ 148-28 Electrical systems.

§ 148-29 Cooking and refrigeration.

§ 148-30 Air-conditioning and mechanical ventilation in one- and two-family dwellings.

§ 148-31 Air-conditioning and mechanical ventilation in multiple dwellings.

§ 148-32 Fire protection in multiple dwellings.

§ 148-33 Elevators, escalators and dumbwaiters in multiple dwellings.

§ 148-34 General maintenance of property.

§ 148-35 Open areas.

§ 148-36 Buildings and structures.

§ 148-37 Infestation and screening.

§ 148-38 Garbage and refuse.

§ 148-39 Domestic animals and pets.

Article II Administration and Enforcement; Responsibility for Compliance

§ 148-40 Statement of purpose.

§ 148-41 Scope.

§ 148-42 Enforcing officers designated; powers and duties.

§ 148-43 Inspectors.

§ 148-44 Records to be kept.

§ 148-45 Responsibilities of owners.

§ 148-46 Responsibilities of lodging house operators.

§ 148-47 Responsibilities of occupants.

§ 148-48 Service of orders.

§ 148-49 Failure to abate nuisance; classification of offense.

§ 148-50 Penalties for offenses.

§ 148-1 Findings.

It is hereby found and declared that there exists in the Village of Brewster a significant number of structures containing two or more dwelling units, each designed for occupancy by a distinct family unit; that certain problems may exist in connection with the operation of such structures, particularly with respect to the provisions of this chapter of the Code of the Village of Brewster, which affect the health, safety and general welfare of the persons residing therein and of the population of the Village in general; that administration of the provisions of this chapter is especially inhibited with regard to rental units in that the curing of violations in such units is made more difficult by the presence of persons actually occupying such units while violations continue; and that increased efficiency in the administration of this chapter will alleviate the conditions above referred to and will help to maintain the economic value of real property in the Village.

§ 148-2 Purpose and scope.

A. 
The purpose of this article 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.
B. 
This article shall apply to residential premises as follows:
(1) 
Lots, plots or parcels of land on which residential buildings, buildings of mixed occupancy or accessory structures are located.
(2) 
Residential buildings, including one- and two-family dwellings and multiple dwellings, except as specifically excluded in Subsection C below.
(3) 
Residential occupancies in buildings of mixed occupancy.
(4) 
Accessory structures, accessory to residential occupancies.
C. 
This article shall not apply to mobile homes and mobile home courts, trailer courts or to transient-type occupancies and uses, including but not limited to nursing and convalescent homes, hotels, motels, tourist camps, farm labor camps, travel trailers and trailer parks and other forms of temporary housing.

§ 148-3 Construal of provisions.

A. 
The provisions of this article shall supersede local laws, ordinances, codes or regulations to the extent that such laws, ordinances, codes or regulations are inconsistent with the provisions of this article, provided that nothing herein contained shall be construed to prevent the adoption and enforcement of a law, ordinance, code or regulation which is more restrictive or establishes a higher standard than those provided in this article, and such more restrictive requirement or higher standard shall govern during the period in which it is in effect.
B. 
Where a provision of this article is found to be in conflict with a provision of a zoning, building, electrical, plumbing, firesafety, health, water supply or sewage disposal law or ordinance or regulation adopted pursuant thereto or other local law, ordinance, code or regulation, the provision or requirement which is more restrictive or which establishes the higher standard shall prevail.

§ 148-4 Conformity of work with Building Code and other laws.

A. 
Installations, alterations and repairs to residential premises and materials, assemblies and equipment utilized in connection therewith shall be reasonably safe to persons and property and in conformity with applicable statutes of the State of New York and orders, rules and regulations issued by authority thereof.
B. 
Conformity of such work, materials, assemblies or equipment with the applicable requirements of the New York State Uniform Fire Prevention and Building Code Act shall be prima facie evidence that the same is reasonably safe to persons and property.

§ 148-5 Definitions.

As used in this article, 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 use may include, among others, the following:
A. 
Offices for the building management.
B. 
Dining rooms, banquet rooms, public kitchens and ballrooms.
C. 
Recreation and play rooms.
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, 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 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 article or approved by an authority designated by law or this article.
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 or more bathtubs or showers, or both, and which may also contain 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
See "basement."
DWELLING, TWO-FAMILY
A building containing not more than two dwelling units, occupied exclusively for residential purposes.
DWELLING UNIT
One or more rooms with provision for living, cooking, sanitary and sleeping facilities, arranged for the use of one family.
EXIT
A way of departure from the interior of a building or structure to the exterior at street or grade, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape.
FAMILY
Any number of individuals related by blood, marriage or adoption, living together as a single housekeeping unit using rooms and housekeeping facilities in common and having such meals as they may eat at home generally prepared and eaten together.[1]
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 the surface of the ground after completion of any change in contour, abutting a building or premises.
HABITABLE SPACE
A space occupied by one 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 unit, lodging house, lodging unit or premises, of insects, rodents, vermin or other pests.
KITCHEN
A space 60 square feet or more in floor area, with a minimum width of five feet, used for cooking or preparation of food.
KITCHENETTE
A space less than 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.
A. 
A building containing three or more dwelling units.
B. 
A building containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families.
C. 
A building with one 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 persons, used or occupied as a club, dormitory, 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.
MULTIPLE RESIDENCE
See definition of "multiple dwelling."
MUNICIPALITY
The Village of Brewster, located in the County of Putnam, State of New York.
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.")
NUISANCE
Shall be held to embrace public nuisance, as known at common law or in equity juris prudence; whatever is dangerous to human life or detrimental to health; whatever building or erection or part or cellar thereof is overcrowded with occupants, or is not provided with adequate ingress and egress to and from the same or the apartments thereof, or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted in reference to its intended or actual use; and whatever renders the air or human food or drink unwholesome. All such nuisances are hereby declared illegal.
[Added 11-20-2002 by L.L. No. 4-2002[2]]
OWNER
An individual, partnership, corporation or other legal entity which is the owner of record of real property subject to the provisions of this chapter. In cases where such owner is a partnership, each general partner shall also be considered to be an owner with respect to such property, and in cases where such owner is a corporation, each person owning 20% of the voting shares thereof or more shall be considered to be an owner with respect to such property, or any other person recognized at law as being an owner.
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 line 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.[3]
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 framed of component structural parts for occupancy or use, including buildings.
TOILET ROOM
Enclosed space containing one or more water closets, which may also contain one or more lavatories, urinals and other plumbing fixtures. (See also 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.
VILLAGE MAYOR
The duly elected Mayor of the Village of Brewster and/or any person duly appointed to carry out the charges and responsibilities of the Mayor under the provisions of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: This local law also added the term “nuisances; punishment” to this section, which term would have immediately followed this definition. This provision has been removed from this section and included as a separate regulation in § 148-49.
[3]
Editor's Note: Local Law No. 4-2002, adopted 11-20-2002, added the term “service of orders” to this section, which term would have immediately followed this definition. This provision has been removed from this section and included as a separate regulation in § 148-48.

§ 148-6 Construal of certain terms and requirements.

A. 
Buildings occupied, in whole or in part, as defined in this article shall comply with the requirements hereinafter set forth concerning occupancy, size, light and ventilation in order to provide safe and healthful environment.
B. 
The term "accessory use" shall have a uniform meaning and shall apply in the same manner and under the same conditions or restrictions to all residential buildings.

§ 148-7 Classification of buildings.

Buildings, for the purpose of this article, shall be classified in respect to their occupancies as follows:
A. 
One- and two-family dwellings: buildings containing one or two dwelling units with fewer than four lodgers residing with a family in either one of such dwelling units.
B. 
Multiple dwellings:
(1) 
Buildings containing one or two dwelling units with more than four lodgers with a family in either one of such dwelling units.
(2) 
Buildings containing three or more dwelling units.
(3) 
Apartment houses and apartment hotels.
(4) 
Lodging houses.
(5) 
Buildings with sleeping accommodations for more than five persons, used or occupied as a club, dormitory, fraternity or sorority house or for similar uses.
(6) 
Garden apartments.
C. 
Accessory structures. Garages, carports and similar-type structures on residential premises.

§ 148-8 Maximum occupancy.

A. 
In dwelling units, the maximum number of occupants shall be limited to the number determined on the basis of floor areas of habitable rooms, other than kitchens, as follows:
(1) 
One occupant per room having a floor area of at least 80 but less than 120 square feet.
(2) 
Two occupants per room having a floor area of at least 120 but less than 180 square feet.
(3) 
Three occupants per room having a floor area of 180 or more square feet.
B. 
In lodging units, the maximum number of occupants shall be limited to the number determined on the same basis as for dwelling units.
C. 
In buildings occupied as clubs, dormitories or sorority or fraternity houses and providing sleeping accommodations for more than five persons, the maximum number of occupants so accommodated in any habitable room shall be limited to the number determined on the basis of the floor area, in square feet, of the room divided by 50 square feet per occupant.

§ 148-9 General restrictions on use of space.

A. 
It shall be prohibited to use for sleeping purposes any kitchen, nonhabitable space or public space.
B. 
It shall be prohibited in lodging houses to use, for dining purposes, any communal kitchen containing less than 100 square feet of floor area or any nonhabitable space or public space other than a dining space.
C. 
It shall be prohibited to use any cellar space as habitable space.

§ 148-10 Habitable space.

A. 
Size.
(1) 
Habitable space shall have a minimum ceiling height of seven feet six inches over 50% of the floor area, and the floor area where the ceiling height is less than five feet shall not be considered in computing floor area.
(2) 
A dwelling unit shall contain at least one habitable room having a minimum of 150 square feet of floor area and a minimum horizontal dimension of 10 feet.
(3) 
Kitchens shall have a minimum of 60 square feet of floor area, and other habitable spaces shall contain not less than 80 square feet of floor area and shall have a minimum horizontal dimension of seven feet.
(4) 
Every alcove less than 60 square feet in area, except a cooking space or foyer, shall be deemed to be part of a habitable room. The area of the opening in the dividing partition between the alcove and the room shall be at least 80% of the wall area of such partition, measured on the alcove side, but not less than 40 square feet. The depth of such alcove shall not exceed half its width. The floor area of the alcove shall be added to the floor area of the room in determining light and ventilation requirements for the room. An alcove with an area of 60 square feet or more but less than the required area of a habitable room shall be separately lighted and ventilated as required for habitable space.
B. 
Basements. Basements shall not be deemed habitable space where required windows are located only on one wall and the depth of the basement space exceeds four times its clear height.
C. 
Light and ventilation.
(1) 
Habitable space shall be provided with natural light through one or more windows, skylights or transparent or translucent panels, or any combination thereof, that face directly on legal open spaces, at least six inches above the adjoining finished grade, or are above a roof. The amount of light shall be equivalent to that transmitted through clear glass equal in area to 8% of the floor area of the habitable space.
(2) 
Habitable space shall be provided with artificial light.
(3) 
Habitable space shall be provided with natural ventilation through operable parts of windows or other openings in exterior walls that face legal open spaces above the adjoining finished grade or above a roof or through operable parts of skylights providing total clear ventilation area equal to not less than 4% of the total floor area of each habitable space.
(4) 
Habitable space may also be provided with mechanical ventilation in addition to natural ventilation.
D. 
Miscellaneous requirements.
(1) 
Dwelling units shall be separated from each other and from other spaces outside the dwelling unit.
(2) 
Sleeping rooms within dwelling units shall be separated from each other and from other spaces outside the sleeping rooms to provide privacy.
(3) 
Lodging units shall be separated from each other and from other spaces outside the lodging units.
(4) 
A commercial kitchen or dining room in a lodging house shall be accessible to the occupants sharing such kitchen or dining room without going through a dwelling unit or lodging unit of another occupant.

§ 148-11 Public space.

A. 
Height. Public space shall have a minimum height of seven feet six inches measured from finished floor to finished ceiling.
B. 
Light and ventilation.
(1) 
Public spaces shall be provided with artificial light.
(2) 
In public stairs, stairways and passageways, artificial light shall be electric lighting available at all times so as to afford safe passage for occupants and users. Such lighting shall conform to the following:
(a) 
A sufficient number of fixtures shall be provided so that the distance between fixtures is not more than 30 feet and so that no wall is more than 15 feet distant from a fixture.
(b) 
Incandescent lighting shall be based on not less than 1/4 watt per square foot of floor area, except that each fixture shall have a lamp or lamps with a total of not less than 25 watts.
(c) 
Fluorescent lighting shall be based on not less than 1/10 watt per square foot of floor area, except that each fixture shall have a lamp or lamps of a total of not less than 15 watts.
(d) 
Where under these formulas the calculated wattage does not correspond to that of a standard lamp, the next larger size shall be used.
(3) 
Public spaces shall be provided with either natural ventilation, conforming to the requirements for habitable space, or with mechanical ventilation.

§ 148-12 Nonhabitable space.

A. 
Height. Nonhabitable space, except crawl spaces and attics, in multiple dwellings shall have a minimum height of seven feet measured from floor to ceiling.
B. 
Toilet rooms and bathrooms.
(1) 
Toilet rooms and bathrooms in one- and two-family dwellings shall have provisions for privacy.
(2) 
Toilet rooms and bathrooms for dwelling units in multiple dwellings shall be located within the dwelling units and shall be accessible from any sleeping room without passing through any other sleeping room.
(3) 
Unless located within dwelling units or directly connected with sleeping rooms, toilet rooms and bathrooms in multiple dwellings shall be provided in each story containing habitable space and shall be accessible thereto.
(4) 
Toilet rooms for employees in multiple dwellings shall be in separate rooms for each sex where there are five or more employees, shall be readily accessible to such employees and shall not open directly into any public kitchen or other public space used for the cooking or preparation of food.
(5) 
In one- and two-family dwellings, bathrooms and toilet rooms shall be provided with floors of moisture-resistant material.
(6) 
In multiple dwellings, floors of bathrooms, toilet rooms and similar spaces shall be waterproof; such waterproofing shall extend six inches or more above floors, except at doors, so that floors can be flushed or washed without leaking.
C. 
Light and ventilation.
(1) 
Kitchenettes, bathrooms and toilet rooms shall be provided with artificial light appropriate for the use of such rooms.
(2) 
Laundry rooms, furnace rooms and similar nonhabitable space shall be provided with artificial light appropriate for the intended use of such rooms.
(3) 
Stairs shall be provided with artificial light to allow safe ascent or descent.
(4) 
Kitchenettes, bathrooms and toilet rooms shall be provided with ventilation in accordance with either of the following:
(a) 
Natural ventilation as required for habitable space, except that such operable areas shall be not less than 1 1/2 square feet for bathrooms or toilet rooms and not less than three square feet for kitchenettes; or
(b) 
Mechanical ventilation exhausting not less than 25 cubic feet per minute for bathrooms and toilet rooms and not less than 100 cubic feet per minute for kitchenettes.
(5) 
Spaces in multiple dwellings which contain central heat-producing, air-conditioning and other equipment shall be ventilated to the outer air, and air from these spaces shall not be recirculated to other parts of the building.
(6) 
Ventilation shall be provided in unheated attics, spaces below flat roofs and crawl spaces. Location and net areas of ventilation openings shall be such as to minimize deterioration of structural members from condensation or other causes, in conformity with generally accepted standards.

§ 148-13 Stairs and railings.

A. 
Stairs, both interior and exterior, shall be of sufficient width in conformity with generally accepted standards so as to serve the occupants.
B. 
Railings shall be provided on open portions of stairs, balconies, landings and stairwells.

§ 148-14 Exits.

A. 
Safe, continuous and unobstructed exits shall be provided from the interior of the building to the exterior at street or grade level.
B. 
Exits shall be arranged, constructed and proportioned so that occupants may escape safely from the building in case of emergency.
C. 
In one- and two-family dwellings, in addition to a primary exit from the building, there shall be provided a secondary exit or, in lieu thereof, one or more exit openings for emergency use.
D. 
In multiple dwellings approved exits shall be provided.

§ 148-15 General structural requirements.

A. 
Buildings and parts hereof shall be maintained so as to be capable of sustaining safely their own weight and the loads to which they may be subject.
B. 
Buildings shall be maintained so that loads are transmitted to the soil without undue differential settlement, unsafe deformation or movement of the building or of any structural part.
C. 
Buildings shall be maintained so that protection is provided for all structural members which may become structurally unsound if left unprotected. Causes of such deterioration include, among others, the action of freezing and thawing, dampness, corrosion, wetting and drying and termites and other destructive insects.
D. 
Buildings built in soil which is water-bearing at any season of the year shall be maintained so that ground- and surface water will not penetrate into habitable spaces, basements and cellars.

§ 148-16 Exterior protection.

A. 
Foundation walls shall be maintained so as to be structurally sound and to prevent entrance of moisture, termites and vermin. Such protection shall consist of shoring, where necessary, subsoil drains at footings, grouting of masonry cracks, waterproofing of walls and joists and other suitable means.
B. 
Exterior walls and wall components shall be maintained so as to prevent deterioration due to the elements and destructive insects. Such maintenance shall consist of painting, installation or repair of walls, copings and flashings, waterproofing of joints, waterproof coatings, installation or repair of termite shields, poison treatment of soil or other suitable means.
C. 
Roofing shall be maintained in a watertight condition so as to prevent leakage into the building. Such maintenance shall consist of repairs of roofing, waterproof coating or other suitable means.

§ 148-17 Interior protection.

A. 
Crawl spaces shall be maintained free of moisture, and the flow of air from such spaces into walls above shall be effectively barred so as to prevent deterioration of structural members. Such provisions shall consist of maintenance of openings in foundation walls to provide adequate circulation of air in the crawl spaces, covering the ground in the crawl space with a moisture barrier, installation of drains outside the structure if the crawl space is below surrounding grade, blocking openings in stud walls to prevent flow of air and moisture into walls, frequent destruction of termite tubes from the soil to wood floor members above, poison treatment of soil and other suitable means.
B. 
Structural members shall be maintained so as to be structurally sound. Such protection shall consist of shoring, reinforcement of repair where necessary, frequent destruction of termite tubes or other appropriate means.
C. 
Chimneys and flues shall be maintained so as to be structurally sound and to prevent leakage of grease into the structure. Such maintenance shall consist of clearing flue stoppages, sealing open joints, repairing masonry where necessary and other suitable means.
D. 
Ceilings and walls shall be maintained so that parts which become loose or defective do not constitute a hazard to occupants. Such maintenance shall consist of removing and replacing loose or defective sections.
E. 
Toilet room and bathroom floors shall be maintained so as to prevent leakage of water through the floors, under normal conditions of use and floor washing, and resultant deterioration or defects in structural members and ceilings below. Maintenance shall consist of repairs which effectively provide the moisture and waterproof qualities required for the particular floor.

§ 148-18 Accumulation and storage of certain materials.

It shall be prohibited:
A. 
To accumulate or store on residential premises, except in approved locations, any highly flammable or explosive matter, such as paints, volatile oils, cleaning fluids and similar materials, or any combustible refuse liable to spontaneous combustion, such as wastepaper, boxes, rags or similar materials.
B. 
To accumulate or store materials on fire escapes or stairs, in stairways or passageways, at doors or windows or in any other location where, in the event of fire, such materials may obstruct the egress of occupants or interfere with fire-fighting operations.

§ 148-19 Prevention of fire spread.

A. 
Walls and ceilings shall be maintained free from cracks and openings which would permit flame or excessive heat to enter the concealed space.
B. 
In buildings of mixed occupancy, nonresidential space shall be separated from residential space by approved fire separations which will retard the spread of fire.
C. 
Garages in or attached to a residential building shall be separated from other spaces in the building by approved fire separations which will retard the spread of fire and prevent flammable or toxic vapors originating within the garage from being transmitted to other parts of the building.

§ 148-20 Quality of interior materials.

Interior finish materials for acoustical correction, surface insulation and decorative treatment on the surfaces of walls and ceilings and interior trim shall be of materials that will not, in burning, give off excessive amounts of smoke or objectionable gases.

§ 148-21 Fireplaces.

A. 
Fireplaces and similar construction used or intended to be used for burning fuel in open fires shall be connected to approved chimneys and shall be installed so that nearby or adjacent combustible materials and structural members shall not be heated to unsafe temperatures.
B. 
Hearths and linings or other parts of fireplaces exposed directly to flame shall be of materials that will not melt, disintegrate, spall or shatter at high temperatures.
C. 
Wood mantels and trim on fireplaces shall be placed and attached so that they cannot be heated to unsafe temperatures or ignited by sparks or embers from the fire.

§ 148-22 Equipment requirements generally.

A. 
Plumbing, heating, electrical, ventilating, air-conditioning, refrigerating, cooking, fire-protection and radiation-production equipment, elevators, dumbwaiters and escalators and their mechanical additions, installations or systems for the use of the building shall be installed, located and maintained so that under normal conditions of use such equipment and systems will not be a danger to health or welfare, a danger because of structural defects or a source of ignition or a radiation hazard and will not create excessive noise or otherwise become a nuisance. Equipment and systems include but are not limited to apparatus, devices, fixtures, piping, pipe hangers, pipe covering, wiring, fittings and materials used as part of or in connection with such installations.
B. 
Equipment and systems subject to damage from freezing shall be adequately protected against freezing.
C. 
Moving parts of equipment which may be a potential hazard shall be guarded to protect against accidental contact.

§ 148-23 Plumbing.

A. 
General requirements.
(1) 
Plumbing systems shall be maintained in a sanitary and serviceable condition.
(2) 
Plumbing systems shall be maintained so as not to weaken structural members nor cause damage or deterioration to any part of the building through fixture usage.
B. 
Water supply.
(1) 
Potable water from an approved source shall be available at all times in residential buildings. The domestic water supply system of the building shall be connected to such approved source and shall not be subject to contamination. When supplied from a public source, the potable water supply system shall not be connected to private or unsafe water supplies.
(2) 
Water supply systems shall be installed and maintained so as to provide at all times a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable them to function satisfactorily and without undue noise under all normal conditions of use.
(3) 
Water supply systems shall be installed and maintained so that water used for purposes of cooling or heating shall not be reintroduced into the domestic water supply system nor be distributed through such equipment to plumbing fixtures.
(4) 
Hot-water supply systems shall be provided with safety devices arranged to relieve hazardous pressures and excessive temperatures.
C. 
Sewage drainage system.
(1) 
Plumbing fixtures shall be drained to a sewage drainage system, and such system shall be connected to a public sewer or to an adequate and approved system of sewage disposal.
(2) 
Where a public sewer is not available, a system shall be provided to receive and dispose of sewage without health hazard or nuisance.
(3) 
Sewage or other waste which may be deleterious to surface or subsurface waters shall not be discharged into the ground or into a waterway, unless it has first been rendered harmless through subjection to treatment in conformity with generally accepted standards.
(4) 
Substances which will clog the pipes, produce explosive mixtures, destroy the pipes or their joints or interfere unduly with the sewage disposal process shall not be discharged into the building drainage system, unless it is provided with approved devices suitable for intercepting such substances.
(5) 
Each fixture directly connected to the sewage drainage system shall be equipped with a water-seal trap.
(6) 
Adequate cleanouts shall be provided and maintained so that the pipes may be readily cleaned.
(7) 
The drainage system and its attendant vent piping shall be maintained so as to provide adequate circulation of air in all pipes in order that siphonage, aspiration or pressure will not cause a loss of trap seal under ordinary conditions of use.
(8) 
Each vent terminal to the outer air shall be installed and maintained so as to minimize the possibilities of clogging, frost closure, the return of foul air to the building or the creation of a nuisance to adjacent premises.
(9) 
Drains provided for fixtures, devices, appliances or apparatus containing food, water, sterile goods or similar materials shall be equipped with air breaks adequate to prevent contamination of such contents from any possible backup of sewage through the direct or indirect drainage piping.
D. 
Storm drainage.
(1) 
Roofs and paved areas, including yards and courts, shall be drained. Storm drainage shall be conveyed to an adequate and approved system of stormwater disposal where available. Storm drains shall be discharged in such manner that water will not flow onto sidewalks.
(2) 
Where a drainage system may be subject to backwater, suitable provisions shall be made to prevent its overflow into the building.
(3) 
Leaders and gutters, if used, shall be constructed of noncombustible material, except that wood leaders and gutters may be used for buildings not more than three stories high.
E. 
Plumbing facilities.
(1) 
Buildings and portions thereof shall be provided with plumbing systems designed to dispose of the sewage from all fixtures and to furnish cold water to every water closet and urinal and hot and cold water to every sink, lavatory, bathtub and shower required therein. In multiple dwellings, hot water shall be furnished at a temperature range of 130° F. to 140° F. from 6:00 a.m. to 12:00 midnight.
(2) 
There shall be provided within each dwelling unit plumbing fixtures consisting of at least:
(a) 
One kitchen sink;
(b) 
One water closet;
(c) 
One bathtub or shower; and
(d) 
One lavatory.
(3) 
Where multiple dwellings contain sleeping accommodations arranged as individual rooms or suites, for each multiple of six sleeping rooms or fraction thereof there shall be provided plumbing fixtures consisting of at least:
(a) 
One water closet;
(b) 
One bathtub or shower; and
(c) 
One lavatory.
(4) 
Where multiple dwellings contain sleeping accommodations arranged as a dormitory, for each multiple of 15 persons or fraction thereof so accommodated there shall be provided plumbing fixtures consisting of at least:
(a) 
One bathtub or shower; and
(b) 
One lavatory.
(5) 
Urinals may be substituted in men's toilet rooms for not more than 1/3 of the required number of water closets.
(6) 
Privies, privy vaults and outhouses shall be prohibited on residential premises.
F. 
Plumbing fixtures.
(1) 
Plumbing fixtures shall be made of smooth nonabsorbent material and shall be free from concealed fouling surfaces.
(2) 
Plumbing fixtures shall be so spaced as to be reasonably accessible for their intended use.
(3) 
Plumbing fixtures shall be located in spaces that are accessible, lighted and ventilated.
G. 
Swimming pools.
(1) 
The water supply used for filling or for cleaning of the pool shall be clean. The water supply shall be protected against potential pollution from all sources, including cross-connection and backflow.
(2) 
Drains shall be provided so that the pool can be safely and adequately drained. Drains shall be provided in floors surrounding the swimming pool and arranged so that water from such areas will drain without entering the pool.
(3) 
Filtering, sterilizing and auxiliary equipment, where required, shall be adequate to maintain the sanitary quality of water during each period the pool is in use. Equipment containing gases or disinfectants capable of giving off irritating, toxic or flammable fumes shall be located in ventilated rooms.
(4) 
The installation shall be arranged and maintained to prevent dirt, sand or other foreign matter from entering the bathing area.
H. 
Water supply tanks.
(1) 
Water supply tanks shall be installed and maintained so as to be watertight, vermin proof, rodent proof, resistant to corrosion and capable of withstanding the working pressures under normal operation.
(2) 
Supports for tanks shall be of noncombustible construction.
(3) 
Tanks and their supports shall not be used to support equipment or structures other than for tank use, except where specially designed for such other use.
(4) 
Means for emptying water supply tanks shall be provided and maintained in proper working conditions.
(5) 
Potable water supply tanks for domestic supply and standpipe or automatic sprinkler systems shall be installed and maintained to furnish water in sufficient quantity and pressure for such systems.

§ 148-24 Fuel gas and fuel oil.

A. 
Fuel gas.
(1) 
General requirements.
(a) 
Fuel-gas piping systems shall be installed and maintained so as to remain gastight, safe and operative under conditions of use.
(b) 
Fuel-gas piping systems shall provide a supply of gas sufficient to meet the maximum expected demand of the installed gas-burning appliances connected thereto.
(2) 
Shutoff valves.
(a) 
Gas piping systems shall have at least one accessible means for shutting off all gas supply, and such means shall be maintained in good operating condition.
(b) 
An easily accessible shutoff valve or cock shall be provided in the piping in close proximity to and ahead of every outlet for gas appliance.
(3) 
Service equipment for gas supplied from utility mains. Gas services, gas meters and gas pressure regulators shall be located so that they are protected from damage.
(4) 
Gas refrigerators and ranges. Gas refrigerators and ranges shall be installed with clearance for ventilation and shall be maintained in good operating condition.
(5) 
High-pressure gas. Any service connection supplying gas at a pressure in excess of one pound per square inch gauge shall be provided with a device to reduce such pressure to not more than 1/2 pound per square inch gauge prior to entering the meter, except where such service supplies equipment using gas at high pressures.
(6) 
Liquefied petroleum gas.
(a) 
Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems in buildings.
(b) 
Liquefied petroleum gas shall not be vaporized by devices utilizing open flame or open electrical coil.
(c) 
Where two or more containers are installed, the connection shall be arranged so that the containers can be replaced without shutting off the flow of gas to equipment.
(d) 
Containers shall be designed, stored and located as not to be a hazard to the premises served or to the surrounding property.
(e) 
Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.
(f) 
Systems shall have at least one accessible means for shutting off the gas. Such means shall be located outside the building and shall be maintained in good operating condition.
B. 
Fuel oil.
(1) 
General requirements. Fuel oil shall be received, stored and conveyed by means of fixed liquid-tight equipment.
(2) 
Storage tanks.
(a) 
Tanks shall be provided with means for venting.
(b) 
Tanks shall be installed and maintained so as to be a hazard to the premises served or the surrounding property.
(3) 
Piping.
(a) 
Automatically operated boilers and furnaces using fuel oil shall be provided with remote controls to stop the flow of oil during fire or other emergency.
(b) 
Filling, emptying and venting of tanks shall be by means of fixed piping. Pipes to underground tanks shall be pitched toward tanks. Terminals to fill and vent pipes shall be located outside buildings at a safe distance from building openings.

§ 148-25 Heating.

A. 
General requirements.
(1) 
Residential buildings intended for occupancy between the first day of November and the first day of May of the following year shall be provided with heating equipment designed to maintain a temperature of not less than 70° F., at a distance of three feet and more from exterior walls and at a level of five feet above the floor in habitable spaces, kitchenettes, bathrooms and toilet rooms. The capability of the heating equipment to maintain such indoor temperature shall be based on the average of the recorded annual minimum outside temperature for the locality.
(2) 
In multiple dwellings, adequate heat shall be provided to maintain the indoor temperature in habitable spaces, kitchenettes, bathrooms and toilet rooms at 70° F. from 6:00 a.m. to 11:00 p.m. when the outside temperature falls below 55° F.
B. 
Smoke control. Fuel-burning heat-producing equipment shall be installed and maintained so that the emission or discharge into the atmosphere of smoke, dust, particles, odors or other products of combustion will not create a nuisance or be detrimental to the health, comfort, safety or property of any person.
C. 
Warm-air heating. Ducts and other air-handling equipment used for heating shall conform to the requirements of such equipment used for ventilating purposes.
D. 
Prohibited locations for heat-producing equipment. Fuel-burning water heaters shall not be located in sleeping rooms, bathrooms or toilet rooms.
E. 
Fuel-supply connection. Fuel-burning equipment shall be permanently fastened and connected in place. Fuel-supply connection to such equipment shall be made with pipe or tubing of solid metal.
F. 
Installation and clearance. Where heat-producing equipment is installed on or adjacent to combustible materials, the location, insulation, clearance and control of the equipment shall be such that the temperature on the surface of the combustible material will not exceed a safe temperature.
G. 
Air supply.
(1) 
Direct-fired heat-producing equipment and the enclosure in which it is located shall be provided with a supply of air adequate both for complete combustion at the rated gross output of the equipment and for the ventilation of the enclosure to prevent the accumulation of heat.
(2) 
Rooms containing fuel-burning equipment shall have such air supply provided by means of one or more openings to the exterior or by means of fixed openings to interior spaces which open to the exterior.
H. 
Removal of products of combustion.
(1) 
Equipment for burning solid or liquid fuel shall be connected to suitable chimneys or flues and shall not be connected to gas vents. Unvented heaters burning liquid fuel shall be prohibited.
(2) 
Fuel-burning space heaters located in sleeping rooms or rooms normally kept closed shall be connected to a suitable chimney, flue or gas vent.
(3) 
Gas-fired equipment shall be connected to a suitable chimney, flue or gas vent when the discharge of the products of combustion onto the space where the equipment is installed would be a hazard.
I. 
Safety devices.
(1) 
Equipment capable of developing hazardous pressures or temperatures shall be provided with means to relieve safely such pressures and temperatures.
(2) 
Controls for the safe operation of automatically operated heat-producing equipment shall be provided to function as follows:
(a) 
When failure or interruption of flame or ignition occurs, the fuel supply shall be cut off.
(b) 
When a predetermined temperature or pressure is exceeded, the input of additional heat shall be prevented or reduced to a safe rate.
(c) 
When the water level in a steam boiler drops below a predetermined level, the fuel supply shall be cut off.
(d) 
When failure or interruption of a pilot light or main burner of liquefied-petroleum-gas equipment occurs, the fuel supply to each pilot light and main burner shall be cut off.
J. 
Heating of garages. Fuel-burning equipment for garages servicing multiple dwellings shall be located in heater rooms, except that equipment burning gas or liquid fuel located in the vehicle storage space shall be permitted in stories at or above grade where elevated so as not to be exposed to possible accumulation of flammable gases.

§ 148-26 Chimneys, flues and gas vents.

A. 
General requirements.
(1) 
Chimneys, flues, gas vents and their supports shall be installed and maintained so as to be structurally safe, durable, smoketight, noncombustible and capable of withstanding the action of flue gases without softening, cracking, corroding or spalling.
(2) 
Such facilities shall effectively convey the products of combustion to the outer air.
(3) 
Masonry and chimneys, except approved prefabricated chimneys, shall have noncombustible foundations.
(4) 
Flue linings shall be capable of withstanding the action of flue gas without softening, cracking, corroding or spalling at the temperature to which they will be subjected.
(5) 
Openings for smoke-pipe or gas-vent connections shall be provided with means for easy connection without restriction of flue.
(6) 
No flue shall have smoke-pipe or gas-vent connections in more than one story of a building.
(7) 
Fuel-burning equipment and fireplaces located in different tenancies shall not be connected to the same flue.
B. 
Firesafety. Chimneys, flues and gas vents shall be installed and maintained so that under conditions of use the temperature of any combustible material adjacent thereto, insulated therefrom or in contact therewith does not exceed a safe temperature.
C. 
Spark arrestors. A chimney or flue connected to an incinerator and a chimney or flue which may emit sparks shall be provided with a spark arrestor of noncombustible construction. Spark arrestors shall have sufficient total clear area to permit unrestricted passage of flue gases. Openings in spark arrestors shall be of such size as to prevent passage of embers and to minimize clogging by soot.

§ 148-27 Nuisance liability and abatement.

[Added 11-20-2002 by L.L. No. 4-2002]
A. 
Nuisances; who is liable. It hereby declared to be the duty, of which there shall be a joint and several liability of every owner, part owner, person interested and every lessee, tenant and occupant of, or in, any place, water, ground, room, stall, apartment, building, erection, vessel, vehicle, matter and thing in the Village, and of every person conducting or interested in business therein, and of every person who has undertaken to clean any place, ground or street therein, and of every person, public officer and employee or appointee of the incorporated municipality of the Village of Brewster having charge of any ground, place, building or erection therein, to keep, place and preserve the same in every part, and the sewerage, drainage and ventilation thereof in such condition, and to conduct the same in such manner that it shall not be dangerous or prejudicial to life or health, subject to the health code and orders of the department.
B. 
Dangerous buildings, places and things; declaration as nuisance. Whenever any building, erection, excavation, premises, business pursuit, matter or thing, or the sewerage, drainage or ventilation thereof, in the Village, in the opinion of the Village of Brewster Board of Trustees, whether as a whole or in any particular, shall be in a condition or in effect dangerous to life or health, and whether there shall be growing on any property any ragweed or any species of weed, plant or growth which is noxious and detrimental to the public health or the seed, pollen or emanation thereof, when carried through the air or otherwise disbursed, is noxious or detrimental to the public health, or in the considered opinion of the Village of Brewster Board of Trustees, employees and/or appointees of the Village of Brewster Board of Trustees that the same is in such a vast state or condition of deterioration or disrepair, the Village may take and file among its records what it shall regard as sufficient proof to authorize its declaration that the same, to the extent it may specify, is a public nuisance or dangerous to life or health; and may thereupon enter the same in its records as a nuisance, and order the same to be removed, abated, suspended, altered or otherwise improved or purified as such order shall specify. The Village of Brewster Board of Trustees and its designated representatives are authorized to furnish the municipality with information in writing as to the properties and locations where such noxious weeds and growths and such deleterious deterioration may be found.
C. 
Stay of execution; modification. If any party, within three days after service or tentative service of such order upon him or her and before its execution is commenced shall apply to the Village of Brewster Board of Trustees or its designated representative/agent thereof, to have such order or its execution stayed or modified, it shall then be the duty of the Village of Brewster Board of Trustees to temporarily suspend or modify it at the execution thereof, save in cases of imminent peril to the public health, when the Village of Brewster Board of Trustees may exercise extraordinary powers as defined in Chapter 82, Buildings, Unsafe, infra, and in this chapter to give such party or parties together, as the case in the opinion of such Village of Brewster Board of Trustees may require, a reasonable and fair opportunity to be heard before it and to present facts and proofs, according to its rules and directions, against such declaration and the execution of such order or in favor of its modification, according to the regulation of the Village of Brewster Board of Trustees. Such Village of Brewster Board of Trustees shall enter in its minutes such facts and proofs as it may receive in its proceedings on such hearing as required, and any other proof it may take; and thereafter as necessary may rescind, modify or reaffirm its declaration and order and require execution of the original, or of a new or modified order to be made in such form and effect as it may finally determine.
D. 
Execution. If such order is not complied with, or so far complied with as the Village of Brewster Board of Trustees may regard as reasonable, within five days after service or attempted service or within any shorter time, which, in case of imminent peril to the community's public health, the Village of Brewster Board of Trustees may have designated, or is not thereafter speedily and fully executed, then such order may be executed as any orders of the Village of Brewster Board of Trustees and its designated agent, representative, appointee or employee. Any such agent of the Village is authorized to act on behalf of the Village of Brewster Board of Trustees in executing such order. In the event that this agent shall so act, it shall certify and transmit to the Village of Brewster Board of Trustees its expenses in the execution of such order separately in respect of each separately owned parcel of property. Such expenses shall be reimbursed through the Village of Brewster and shall be chargeable and collectable as expenses of the Village of Brewster Board of Trustees, the respective municipal department, agent, employee or appointee in connection with the execution of an order as referred to in this chapter.
E. 
Substituted service; posting; service by publication.
(1) 
If a personal service of any such order cannot be made by reason of absence from the district, or inability to find one or more of the owners, occupants, lessees or tenants of the subject matter to which such order relates, or one or more of the persons whose duty it was to have done what is therein required to be done, as the case may render just and proper in the opinion of the Village of Brewster Board of Trustees, to be shown by the official certificates of the officer having such order to serve, then service may be made through the mail, or by copy left at the residence or place of business of the person sought to be served, with a person of suitable age and discretion.
(2) 
In any case where personal service of any such order cannot be made for the reasons stated in Subsection E(1) of this section and service cannot be made as provided in such subsection through the mail or by leaving a copy with a person of suitable age and discretion, because of inability to obtain the name or address of the person sought to be served, and such inability to effect service is shown by the official certificate of the officer having such order to serve, service may be made by conspicuously posting a copy of such order upon the property to which it relates. The posting of such order shall be sufficient notice of such order and of the nuisance therein mentioned to all persons having any duty or liability in relation thereto under the provisions of this chapter.
(3) 
Whenever the Village of Brewster Board of Trustees shall have declared any condition, matter or thing to be a nuisance, including ragweed or any other species of weed, plant or growth, and has entered the same in its records as a nuisance, the Village of Brewster Board of Trustees may also take and file among its records what it shall regard as sufficient proof to authorize a declaration that such nuisance is widespread throughout the Village or in any area thereof, and that personal service or service pursuant to Subsection E(1) or (2) of this section of an order or orders requiring the abatement, removal or correction of such nuisance would result in delay prejudicial to the public health, welfare or safety, and upon the filing of such proof and the making of such declaration, the Village of Brewster Board of Trustees may order that such nuisance be removed, abated or corrected, as prescribed by the Village of Brewster Board of Trustees, by an order addressed generally, without specification of names or addresses, to all persons who, pursuant to the provisions of this chapter, have any duty or liability in relation to any such nuisance which may exist upon or in any real or personal property or place located within the area or areas specified in such order. Such order may be served by publishing the same for a period of not less than three days in a newspaper circulated in the area or areas mentioned in such order. Service of such order shall be complete at the expiration of the third day of such publication and such publication shall be sufficient notice of such order and of the nuisance therein mention to all persons having any duty or liability in relation thereto under the provisions of this chapter.
F. 
On what expenses to be a lien. The expenses attending the execution of any and all orders made by the Village shall respectively be a several and joint personal charge against each of the owners or part owners and each of the lessees and occupants of the building, business, place, property, matter or thing to which such order relates, and in respect to which such expenses were incurred; and also against every person or body who was by law or contract bound to do that in regard to such business, place, street, property, matter or thing which such order requires. Such expenses shall also be a lien on all rent and compensation due, or to grow due, for the use of any place, room, building, premises, matter or thing to which such order relates, and in respect of which such expenses were incurred, and also a lien on all compensation due, or to grow due, for the cleaning of any street, place, ground or thing, or the cleaning or removal of any matter, thing or place, the failure to do which by the party bound so to do, or doing of the same in whole or in part by order of such Village appointee, employee, agent or representative.
G. 
Suits for expenses. The incorporated municipality of the Village of Brewster, in case it has incurred any expense, or has rendered service for which payment is due, and as the rules of the department may provide, may institute and maintain a suit against anyone liable for such expenses, or against any person, firm or corporation, owing or who may owe such rent or compensation, and may recover the expenses so incurred under any such order. One or more of such parties liable or interested may be made parties to such action as the department may elect; but the parties made responsible herein for such expenses shall be liable to contribute or to make payment as between themselves, in respect of such expenses, and of any sum recovered for such expenses or compensation, or by any party paid on account thereof, according to the legal or equitable obligation existing between them.
H. 
Lien on premises.
(1) 
There shall be filed in the office of the Village Clerk/Treasurer a record of all work caused to be performed by or on behalf of the Village in executing any order of the Village of Brewster Board of Trustees or department. Such records shall be kept on a building-by-building basis and shall be accessible to the public during business hours at Village Hall, 208 Main Street, Brewster, New York 10509. Within 30 days after the issuance of a purchase or work order to cause such work to be done, entry of such order shall be made on the records of the Village of Brewster. Such entry shall constitute notice to all parties.
(2) 
All expenses incurred by or on behalf of the Village for such work, pursuant to this title or any other applicable provision of law, shall constitute a lien upon the land and building upon or in respect to which, or either of which, the work required by such order has been done, or expenses incurred, when the amount thereof shall have been definitely computed as a statement of account by the department and the department shall cause to be filed in the office of the Village Collector an entry of the account stated in the book in which such charges against the premises are to be entered. Such lien shall have priority over all other liens and encumbrances except for the lien of taxes and assessments. However, no lien created pursuant to this title shall be enforced against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements occurring after the date such record should have been entered pursuant to Subsection H(1) and before the date such entry was made.
(3) 
A notice thereof, stating the amount due and the nature of the charge, shall be mailed by the Village Clerk within five days after such entry to the last known address of the person whose name appears on the records in the office of the Village Clerk as being the owner or agent or as the person designated by the owner to receive tax bills, or, where no name appears, to the premises, addressed to either the owner or the agent.
(4) 
If such charge is not paid within 30 days from the date of entry, it shall be the duty of the Village Clerk to receive interest thereon at the rate of 15% per annum, to be calculated to the date of payment from the date of entry.
(5) 
Such charge and the interest thereon shall continue to be, until paid, a lien on the premises. Such lien shall be a tax lien within the meaning of the relevant sections of the Village and Town of Southeast codes and may be sold, enforced or foreclosed in the manner provided in those codes, and may be satisfied in accordance with the provisions of § 1354 of the Real Property Actions and Proceedings Law.
(6) 
Such notice mailed by the Village Clerk pursuant to this section shall have stamped or printed thereon a reference to this section of the Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
I. 
Validity of lien; grounds for challenge.
(1) 
In any proceedings to enforce or discharge the lien, the validity of the lien shall not be subject to challenge based on:
(a) 
The lawfulness of the work done; or
(b) 
The propriety and accuracy of the items of expenses for which a lien is claimed, except as provided in this action.
(2) 
No such challenge may be made except by:
(a) 
The owner of the property; or
(b) 
A mortgagee or lienor whose mortgage or lien would, but for the provision of Subsection H, have priority over the Village's lien.
(3) 
With respect to any issue specified in Subsection I(1) of this section, the certification of the Village Clerk filed pursuant to Subsection J shall be presumptive evidence of the facts stated therein.
J. 
Statement of expenses of executing orders.
(1) 
When the Village Clerk shall have executed, or so far executed as the Village of Brewster Board of Trustees may require, any order, a certificate setting forth the expenses of such execution, itemized generally, and the date thereof shall be filed among the records of the Village with the order so executed; and the Village shall take care by or through some proper officer, or otherwise, that the expenses of such execution be so stated with fairness and accuracy.
(2) 
When it shall appear that such execution or the expenses thereof relate to several lots or buildings belonging to different persons, such certificate shall state what belongs to or arose in respect to each lot or such several lots or buildings, as the department or its authorized officer of the Village may direct; and the Village of Brewster Board of Trustees may revise the correctness of such apportionment of expenses as truth and justice may require.
(3) 
Whenever the expenses attending the execution of any order of the Village of Brewster may be made the subject of a suit by it, there may be joined in the same suit a claim or claims for any penalty or penalties for violation of any health provisions, or for the violation or omission to perform or obey such order, or any prior order of the Village of Brewster Board of Trustees, or for the not doing of that, or any portion of that, for the doing of which such expenses arose or were incurred; and the proper joint or several judgment may be had against one or more of the defendants in the suit, as that or either of them may be liable in respect of both such claims, or either or any of them.
K. 
Service of order or judgment. The Village of Brewster Board of Trustees may serve a copy of the order under or by reason of which such expenses were authorized or incurred with a copy of the affidavit stating the expenses of the execution of such order, or, if the claim be a judgment, may serve a transcript of such judgment, and an affidavit showing the expenses of its execution if there be any, upon any person or corporation owing, or who is about to owe, any such compensation, or owing or about to owe by rent or compensation for the use or occupation of any grounds, premises or buildings or any part thereof, to which such order or judgment relates, and in respect of which such expenses embraced in such judgment related or were incurred, and may, at the time of such service, demand in writing that such rent, or any such compensation to the extent of such claim for such expenses, or for any such judgment or expenses in executing the same, when such rent or compensation becomes due and payable, be paid to the Village, and which shall be the joint responsibility of the Village Clerk and Village Counsel.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 148-28 Electrical systems.

A. 
General requirements.
(1) 
Electrical wiring and equipment shall be installed in conformity with generally accepted standards and maintained so as not to be a potential source of ignition of combustible material or a potential source of electrical hazard.
(2) 
Electrical wiring and equipment shall be firmly secured to the surface on which it is mounted.
(3) 
Electrical wiring and equipment installed in damp or wet locations or where exposed to explosive or flammable gases or to excessive temperatures shall be of a type approved for the purpose and location.
(4) 
Electrical wiring and equipment shall be protected against excessive current by properly rated over-current devices.
(5) 
Electrical wiring and equipment shall be grounded or otherwise protected by insulation, isolation or guarding so as to minimize the danger of high voltages from lightning or other causes.
(6) 
Electrical equipment which in ordinary operation produces arcs or sparks shall be enclosed unless separated and isolated from all combustible material.
(7) 
Service equipment and overcurrent protection devices shall be installed and maintained in a readily accessible location.
B. 
Artificial lighting.
(1) 
Residential buildings and occupancies shall be wired for electricity, and lighting equipment shall be installed throughout to provide adequate illumination for the intended use of each space. Electric-wiring systems shall be connected to an adequate source of supply.
(2) 
There shall be a switch or other means for controlling a light in each dwelling unit near the point of entrance to such unit.
C. 
Exit and directional signs.
(1) 
Exits in multiple dwellings shall be provided with exit and directional signals, visible from the approach to the exits, except that such signs shall not be required in those portions of a building which contain dwelling units only or in which exit from sleeping rooms is directly to the outside.
(2) 
Directional signs shall be provided at locations from which the exit doorway is not readily discernible.
(3) 
Such signs shall be worded in plainly legible block letters with the word EXIT for exit signs and the words TO EXIT with a suitable pointer or arrow indicating the direction of exit for directional signs. Letters for signs shall be conspicuous, readily discernible and at least six inches high, except that for internally illuminated signs the height of such letters shall be at least 4 1/2 inches.
(4) 
Exit and directional signs shall be illuminated either externally or internally by electric lights and shall be kept illuminated at all times when the building is occupied.

§ 148-29 Cooking and refrigeration.

A. 
General requirements.
(1) 
Each dwelling unit shall be provided with appropriate cooking and refrigeration equipment.
(2) 
Cooking and refrigeration equipment shall be maintained in good operating condition.
(3) 
Gas-burning cooking equipment shall be permanently fastened and connected in place. Gas-supply connection to such equipment shall be made with pipe or tubing of solid metal.
(4) 
Solid-fuel-burning cooking equipment shall be appropriately vented.
B. 
Communal cooking and dining facilities. Communal kitchens and dining rooms shall comply with the following requirements:
(1) 
Communal kitchens shall contain at least one kitchen sink, at least one kitchen gas or electric stove equipped with an oven and not fewer than four top burners and at least one electric or gas-type refrigerator with adequate food-storage capacity, but in no case less than eight cubic feet nominal size.
(2) 
Dining space and eating facilities where provided in the kitchen area shall comply with the requirements for communal dining rooms.
(3) 
Communal dining rooms shall contain at least one dining chair and two linear feet of dining space for each occupant permitted in a dining room at any particular time.

§ 148-30 Air-conditioning and mechanical ventilation in one- and two-family dwellings.

A. 
Exhaust air from a dwelling unit shall not be circulated to another dwelling unit.
B. 
Ducts shall be securely fastened in place and appropriately fire-stopped.

§ 148-31 Air-conditioning and mechanical ventilation in multiple dwellings.

A. 
Refrigerants.
(1) 
Refrigerants that are highly flammable shall not be used in multiple dwellings.
(2) 
Direct systems using refrigerants that are flammable or toxic shall not be used for air-conditioning purposes.
B. 
Ventilating systems.
(1) 
Ventilating systems shall be installed and maintained so that the rapid spread of heat, flame or smoke through the system will be prevented and so that under conditions of use the temperature of any combustible material adjacent thereto or in contact therewith will not exceed a safe temperature.
(2) 
Stairways, passageways, exits, shafts, hoistways or attics shall be used as plenum chambers.
(3) 
Ducts shall be securely fastened in place and appropriately fire-stopped.
(4) 
Ducts and other air-handling equipment shall be of noncombustible material.
(5) 
Filters shall be installed and maintained so as not to constitute a fire or smoke hazard.
(6) 
Ducts passing through or located within combustible construction shall be separated from such construction by a clearance of at least 1/2 inch or by a noncombustible insulating material at least one-fourth-inch thick.
(7) 
Air required for ventilation shall be taken from the exterior or shall be quality controlled.
(8) 
Exhaust air from a dwelling unit or a space whose contents may emit odors, fumes or vapors shall not be circulated to other occupied spaces within the building.
C. 
Air-intake and exhaust openings.
(1) 
Air-intake and exhaust openings shall be installed, located and maintained so as not to constitute a hazard or nuisance and so as to prevent the possibility of fire, smoke, fumes or foreign matter being drawn into the system.
(2) 
Ventilating systems shall be provided with adequate openings for incoming and outgoing air to obtain the required circulation. Intake openings shall provide air from an uncontaminated source.
(3) 
Where openings for mechanical exhaust are located in spaces that also contain fuel-burning equipment, there shall be provided fixed intake openings from the exterior to supply sufficient air so that the fuel-burning equipment is not adversely affected.
(4) 
Exhaust openings shall be located so that the exhaust air will not create a nuisance.
D. 
Ventilation requirements.
(1) 
Enclosures or spaces where heat, gases, vapors or odors may accumulate and become a potential source of hazard or nuisance shall be provided with adequate means of ventilation to remove such excess.
(2) 
Public spaces shall be provided with means for obtaining an air supply for the maximum number of persons for which such spaces are designed.
E. 
Safety controls.
(1) 
Manually operated controls shall be provided to stop the operation of all central fan equipment. Such controls shall be conspicuously identified and in readily accessible locations outside the fan room.
(2) 
Every system using recirculated air and serving an assembly space or more than one fire area or more than one story of a building shall be provided with controls arranged so that under an abnormal rise in temperature of the air in the system the fans causing normal circulation shall stop and require manual restart.
(3) 
Every system for ventilating an assembly space shall be provided with an emergency switch conveniently located and with a durable sign giving instructions for shutting down the system in case of fire.

§ 148-32 Fire protection in multiple dwellings.

A. 
Fire alarm system. Required fire alarm systems shall be maintained in proper operating condition at all times. Storage of materials shall cause minimum interference to effective discharge of water.
B. 
Sprinkler equipment.
(1) 
Required sprinkler equipment shall be maintained in proper operating condition at all times. Storage of materials shall cause minimum interference to effective discharge of water.
(2) 
Valves controlling the water supply to sprinklers shall be secure in the open position.
(3) 
Sprinkler head shall be maintained free of corrosion and paint.
C. 
Standpipe systems.
(1) 
Standpipe systems shall be maintained in proper operating condition at all times.
(2) 
Gate valves at hose stations shall be maintained in proper operating condition at all times.
(3) 
Hose shall be in proper position ready for operation, dry and free of deterioration.
D. 
Portable extinguishers.
(1) 
Each oil burner for a boiler, furnace or central hot-water heater shall be provided with an approved hand fire extinguisher or two rounded-bottom pails filled with sand.
(2) 
Portable extinguishers required for fire protection shall be in their designated locations and in a condition which will permit efficient operation without delay.

§ 148-33 Elevators, escalators and dumbwaiters in multiple dwellings.

A. 
Elevators, dumbwaiters and escalators shall be maintained so as to be free from physical and fire hazards.
B. 
Elevators and power-operated dumbwaiter cars shall be provided with durable signs in conspicuous locations on which the rated capacity shall be indicated.
C. 
Elevator cars shall be provided with approved means for transmitting a signal outside the hoistway in case of emergency.
D. 
Hoistways and pits shall be maintained free of refuse.
E. 
Machine rooms shall be maintained free of oil and grease and shall not be used for storage of articles or materials unnecessary for the maintenance of the elevator or dumbwaiter. Flammable liquids shall not be kept in such rooms.
F. 
No person shall at any time make any required safety device or electrical protective device inoperative, except where necessary during tests, inspections or maintenance.

§ 148-34 General maintenance of property.

Residential premises shall be maintained in conformity with the provisions of this article so as to assure the desirable residential character of the property.

§ 148-35 Open areas.

A. 
Surface and substance water shall be appropriately drained to protect buildings and structures and to prevent development of stagnant ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers or other satisfactory drainage systems shall be utilized where deemed necessary.
B. 
Fences and other minor constructions shall be maintained in a safe and substantial condition.
C. 
Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions.
D. 
Yards and courts shall be kept clean and free of physical hazards.
E. 
Heavy undergrowths and accumulations of plant growth which are noxious or detrimental to health shall be eliminated.

§ 148-36 Buildings and structures.

A. 
Exterior wood surfaces of buildings and structures that are not inherently resistant to deterioration shall be periodically treated with a protective coating of paint or other suitable preservative.
B. 
Floors, walls, ceilings, furnishings and fixtures of residential buildings shall be maintained in a clean and sanitary condition.
C. 
Accessory structures shall be maintained in clean and sanitary condition.

§ 148-37 Infestation and screening.

A. 
Accessory structures shall be maintained free of insect, vermin and rodent harborage and infestation. Methods used for exterminating insects, vermin and rodents shall conform to generally accepted practices.
B. 
Where the potential for rodent or vermin infestation exists, windows and other openings in basements and cellars shall be appropriately screened with wire mesh or other suitable materials.
C. 
From May 1 to October 1, entrances to residential buildings shall be provided with self-closing-type devices or screens, and windows and other openings used for ventilation shall be appropriately screened. Screens shall not be required in rooms located sufficiently high in the upper stories of multiple dwellings as to be free of mosquitoes, flies and other flying insects.

§ 148-38 Garbage and refuse.

A. 
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse.
B. 
In multiple dwellings, it shall be prohibited to store or accumulate garbage or refuse in public halls and stairways.

§ 148-39 Domestic animals and pets.

Domestic animals and pets shall be kept in an appropriate manner and shall not be permitted to run at large.

§ 148-40 Statement of purpose.

The purpose of this article is to provide basic and uniform administration of and compliance with applicable housing standards and to establish the responsibilities of parties concerned therewith.

§ 148-41 Scope.

A. 
This article shall apply to administration of and compliance with applicable housing standards.
B. 
This article shall not apply to premises which are not within the scope of applicable housing standards.

§ 148-42 Enforcing officers designated; powers and duties.

A. 
The Village Mayor is hereby charged with the duty of administering the applicable housing standards and securing compliance therewith and shall be empowered to adopt rules and regulations necessary to securing such compliance, provided that such rules and regulations shall not be in conflict with the applicable housing standards.
B. 
The Village Mayor is authorized to conduct surveys of housing in any area of the municipality to determine the condition of premises, extent of deterioration, lack of facilities, inadequate maintenance, unsafe and insanitary conditions, extent of overcrowding, land use and other relevant factors.
C. 
The chief investigative officer of this municipality, for the purpose of this chapter, shall be the Building Inspector, and he shall be under the direction and supervision of the Village Mayor; however, the Village Mayor may also delegate, hire or contract with any person, firm or body to supplement or assist such Building Inspector; subject, however, to the approval of the Village of Brewster Board of Trustees for all salaries of such persons and subject to the Village of Brewster Board of Trustees' approval of all contracts over the amount of $1,000.
D. 
It shall be the duty of the Village Mayor:
(1) 
To cause periodic inspections of all premises within the scope of applicable housing standards where such is warranted.
(2) 
To cause an investigation of all complaints of alleged housing violations or other unsafe unsanitary conditions.
(3) 
To order, in writing, the remedying of all conditions found to exist in or on any premises in violation of provisions of the housing standards or of rules and regulations adopted by the agency, to state in the violation order a reasonable time limit for compliance therewith and, where necessary, to order the vacation of premises found unfit for human habitation.
(4) 
To request the chief legal officer of the municipality to take appropriate legal action in the name of the municipality upon failure of the responsible party to comply with such violation order within the time specified therein.
(5) 
To cause a search of the municipality's records of housing violations existing on any premises and to issue a certified statement thereof upon receipt of written request and payment of any fees required by local law or ordinance.
(6) 
To study housing conditions in the municipality.
(7) 
To cooperate with other municipal, governmental and private agencies engaged in the study and improvement of housing conditions.
E. 
Where violations of the housing standards exist and pose an immediate hazard or danger to the health, safety or welfare of building occupants or of the public, the Village Mayor may, after first consulting with the Building Inspector, issue an order citing the violation and directing such action by such municipal agency as is necessary to remove or abate the immediate hazard of danger.

§ 148-43 Inspectors.

A. 
The Building Inspector or any other authorized inspector shall be authorized and have the right, in the performance of his duties, to enter any premises during normal business hours in emergencies whenever necessary to protect the public interest.
B. 
Owners, agents, operators and occupants shall be responsible for providing access to all parts of the premises within their control to authorized personnel acting in the performance of their duties.
C. 
Upon any dwelling unit in the Village becoming vacant, except for a dwelling unit in a structure which consists exclusively of dwelling units and which contains three or fewer dwelling units at least one of which is used and occupied as a primary residence by an owner of the structure, the same shall not be reused or reoccupied for residential purposes unless an inspection, made under the provisions of this chapter at a date not more than 30 days prior to the dwelling unit so becoming vacant and, in any event, prior to any reoccupancy or reuse thereof, shall disclose the absence of any violations of the provisions of this chapter, as presently or hereafter amended. For purposes of this subsection, a dwelling unit shall be considered to have become vacant on the last day on which the tenant shall use the same as his residence, notwithstanding that such date may be prior or subsequent to the expiration date of any lease or rental agreement with respect to such dwelling unit. It shall be the obligation of the owner prior to reoccupancy to notify the municipality, in writing, of the existence or pendency of a vacancy in a dwelling unit subject to the provisions of this subsection. It shall be the duty of the municipality to make an inspection, if the vacancy actually exists, on the same day as receipt of such notice or on the next business day and, if the vacancy is pending, on the first available business day to fall within 30 days of the projected date of vacancy. Prior to the time when a dwelling unit subject to the provisions of this subsection is to become occupied for residential purposes by a new tenant, the owner shall give to the tenant a document containing the following legend, in English, and printed or typed in a typeface of a size not smaller than ten-pitch pica:
[Amended 3-4-2009 by L.L. No. 1-2009]
"The dwelling unit which you are about to occupy is subject to the provisions of Chapter 148 of the Code of the Village of Brewster and may not lawfully be occupied unless it has been found to be free of violations of such chapter. If it is occupied in violation of such chapter, the tenant may be subject to removal. Records relating to the dwelling unit may be examined at Brewster Village Hall, or inquiry may be made of the Building Department by calling (845) 279-3760."

§ 148-44 Records to be kept.

A. 
The Village Mayor shall keep records of all complaints received, inspections made and violations found regarding premises regulated by the housing standards.
B. 
Records shall be kept in a manner and form a prescribed by law and shall be available for public inspections.

§ 148-45 Responsibilities of owners.

A. 
Owners of premises shall be responsible for compliance with the housing standards and shall remain responsible therefor, regardless of the fact that this article may also place certain responsibilities on operators and occupants and regardless of any agreements between owners and operators or occupants as to which party shall assume such responsibility.
B. 
Owners of premises shall be responsible for proper maintenance, condition and operation of service facilities and for furnishing adequate heat and hot-water supply in multiple dwellings.
C. 
It shall be the obligation of each owner of premises occupied by others to conduct regular inspections of such premises and to ensure that such premises and the occupancy thereof comply with the standards set forth in this chapter.

§ 148-46 Responsibilities of lodging house operators.

Lodging house operators shall be responsible for compliance with the housing standards with regard to the following:
A. 
Limiting occupancy to the maximum permitted by the housing standard.
B. 
Maintenance of safe and sanitary conditions in all parts of lodging house premises.
C. 
Maintenance and operation of all required service facilities.
D. 
Maintenance of all plumbing, cooking and refrigeration fixtures and appliances within his control, as well as other building equipment and facilities, in an operative, clean and sanitary condition.
E. 
Sanitary maintenance of walls, floors and ceilings.
F. 
Keeping exits clear and unencumbered.
G. 
Disposal of building garbage and refuse in a clean and sanitary manner.
H. 
Extermination of insects, rodents or other pests on the premises.
I. 
Hanging and removing required screens.

§ 148-47 Responsibilities of occupants.

Occupants of dwelling units shall be responsible for compliance with the housing standards with regard to the following:
A. 
Limiting occupancy of that part of the premises which he occupies or controls to the maximum permitted by the housing standards.
B. 
Maintenance of that part of the premises which he occupies or controls in a clean, sanitary and safe condition.
C. 
Maintenance of all plumbing, cooking and refrigeration fixtures and appliances, as well as other building equipment and storage facilities, in that part of the premises which he occupies or controls, in a clean and sanitary condition and providing reasonable care in the operation and use thereof.
D. 
Keeping exits from his dwelling unit clear and unencumbered.
E. 
Disposal of garbage and refuse into provided facilities in a clean and sanitary manner.
F. 
Extermination of insects, rodents or other pests within his dwelling unit if his unit is the only one infested in the premises.
G. 
Hanging and removing required screens.
H. 
Keeping his domestic animals and pets in an appropriate manner and under control.

§ 148-48 Service of orders.

[Added 11-20-2002 by L.L. No. 4-2002]
A. 
Service of any order of the Village of Brewster Board of Trustees shall be deemed sufficient if made:
(1) 
By any employee, agent, officer or representative of the incorporated municipality of the Village of Brewster; and
(2) 
Upon a principal person interested in the business, property, matter or thing, or the nuisance or abuse to which such order relates; or
(3) 
Upon a principal officer charged with a duty in relation thereto; or
(4) 
Upon a person, officer or department, or an officer or employee of such a department, that may be most interested in or affected by its execution.
B. 
If such order relates to any building or to the drainage, sewerage, cleaning, purification or ventilation thereof, or any lot or ground on which such building stands, used for or intended to be rented as the residence or lodging place of several persons or a multiple dwelling, service of such order on the agent of any person or persons for the renting or the collecting of rent thereof, or of the parts thereof to which such order may relate, shall be of the same effect and validity as due service made upon the principal of such agent or upon the owners, lessees, tenants or occupants of such buildings, or parts thereof, or of the subject matter to which such order relates.

§ 148-49 Failure to abate nuisance; classification of offense.

[Added 11-20-2002 by L.L. No. 4-2002]
A willful omission or refusal of any individual, corporation or body to forthwith abate any nuisance, as ordered by the Village Engineer, Village Building Inspector and/or Code Enforcement Officer, such order having been duly served upon them, shall be an unclassified misdemeanor.

§ 148-50 Penalties for offenses.

[Amended 5-15-1996 by L.L. No. 3-1996; 10-18-2006 by L.L. No. 3-2006]
A. 
The following penalty and fine schedule herein adopts the provisions set forth in Section 103.6 of the Property Maintenance Code of the State of New York effective May 1, 2002, which shall be incorporated by reference herein.
B. 
Nothing contained herein shall in any way abridge or prevent the Municipal Building Inspector of the Village of Brewster, New York, from effecting notice of municipal zoning code violations through the issuance of its notice(s) to remedy as more fully set forth and authorized in the Code of the Village of Brewster. This chapter shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 4, Appearance Tickets, of the Code of the Village of Brewster or the laws of the State of New York.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Fine schedule. The schedule of fines for housing maintenance violations shall be as set by resolution after a public hearing from time to time by the Village of Brewster Board of Trustees. Said resolution shall be on file in the office of the Village Clerk.[2]
Violation
NY Property Maintenance Code Section
Locked bedroom in multiple dwelling
Section 702.3
Faulty/illegal extension cords
Section 604.3
Illegal use of room (i.e., living room used as bedroom)
Section 404.4
Overoccupancy (occupancy violations)
Section 405.5
Inoperable smoke detector
Section 704.2
Fire extinguisher missing or inoperable (NYS Fire Code)
Section 704.1
Building-property
Sections 301-306
Plumbing
Sections 501-507
Unsafe building
Section 108
Other housing maintenance code violations
Section(s) 301-704
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Each offense codified hereunder at § 148-50C shall also be punishable by a period of incarceration not to exceed 15 days.
E. 
For any violations not specifically enumerated in § 148-50C, any person committing an offense against any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable for each offense by a penalty of not more than $250 or by imprisonment for not more than 15 days, or both.[3]
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).