[HISTORY: Comes from ordinance adopted 11-26-1963, effective 12-27-1963.]
GENERAL REFERENCES
Building construction administration — See Ch. 86.
Dangerous buildings and structures — See Ch. 90.
Fallout shelters — See Ch. 92.
Emergency lighting and power — See Ch. 94.
Licensing places of public assembly — See Ch. 96.
The following definitions shall apply in the interpretation and enforcement of this chapter:
BASEMENT
That space of a building that is partly below grade which has more than 1/2 of its height, measured from finished floor to finished ceiling, above the average established curb level or finished grade of the ground adjoining the building.
CELLAR
That space of a building that is partly or entirely below grade which has more than 1/2 of its height, measured from finished floor to finished ceiling, below the average established curb level or finished grade of the ground adjoining the building.
DORMITORY
Any room occupied for sleeping purposes by five or more persons. A cubicle is a small, partially enclosed sleeping space within a dormitory, with or without a window.
DWELLING
Any building which is wholly or partially used or intended to be used for living or sleeping by human occupants; provided that temporary housing as hereinafter defined shall not be regarded as a dwelling.
DWELLING UNIT
One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family.
ELEVATOR
A hoisting and lowering mechanism, equipped with a car or platform, which moves in guides in a substantially vertical direction and which serves two or more floors of a building or structure.
EXTERMINATION
The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest-elimination methods approved by the Health Officer.
FAMILY
A. 
Shall mean one or more persons related by blood, marriage or legal adoption, residing or cooking or warming food as a single housekeeping unit, with whom there may be not more than two boarders, roomers or lodgers, who must live together in a common household. A boarder, roomer or lodger residing within the family household is a person who does or does not pay a consideration therefor to such family for such residence.
B. 
If consisting of more than one person, shall consist only of:
(1) 
A husband and wife.
(2) 
Parent or parents and child or children and grandchild or grandchildren and/or grandparent or grandparents.
(3) 
Brother and/or brothers.
(4) 
Sister and/or sisters.
(5) 
Any combination of those listed in (1) through (4) above.
(6) 
other person or persons of a more distant relationship shall be considered as boarder or another family or families. The enforcement office may require substantiation of family status by affidavit or by other legal proof or documents.
FIRE-DETECTING SYSTEM
An approved installation of equipment which automatically actuates a fire alarm when the detecting element is exposed to fire or abnormal rise in temperature.
FIRE-RETARDING MATERIAL
Any material that has successfully withstood the one-hour fire test as prescribed by the National Board of Fire Underwriters or other nationally recognized agency.
FIRE WINDOW
A window frame with sash and glazing, having a fire-resistive rating of at least 3/4 of an hour. Where moving sash is used, such window shall close automatically by the action of a heat-actuated device or other approved means of effecting closure.
FLAMEPROOF
Refer to materials which will not readily ignite and will not propagate flame under test conditions. Flameproof materials are usually combustible materials with the addition of some treatment or coating to modify their burning properties. Flameproof denotes a lower degree of resistance than fire retardant.
FLAME SPREAD
The surface propagation of flaming over a given distance in a specified time. Numerical classification is established by the performance of the material as compared with that of asbestos-cement board and select-grade red flooring oak, which have been arbitrarily established as zero and 100 respectively.
FRAME DWELLING
A dwelling of which the exterior walls or any structural parts of such walls are of wood.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
HABITABLE ROOM
A room or space occupied by one or more persons for living, sleeping, eating or cooking, and includes kitchens, but does not include kitchenettes, bathrooms, water-closet compartments, laundries, serving and storage pantries, rest, dressing, locker, utility, heater and boiler rooms, corridors, cellars and similar spaces that are not used frequently or for extended periods.
HOTEL
Be deemed a building or structure occupied, maintained, used, advertised or offered to the public as an inn or place where sleeping accommodations are furnished for rent, lease or hire with or without meals, in which sleeping accommodations for 20 or more persons are provided, arranged or maintained for the accommodation or comfort of guests.
INFESTATION
The presence within or around a dwelling of any insects, rodents or other pests.
KITCHEN AND KITCHENETTE
Any space designated, designed, used or intended for use in which the warming, cooking or preparation of food is carried on.
A. 
A kitchen is a cooking space with 60 or more square feet of floor area.
B. 
A kitchenette is a cooking space with less than 60 square feet of floor area but not less than 48 square feet of floor area.
LODGING HOUSE
A dwelling, other than a hotel, in which persons are housed in a dormitory or dormitories, whether or not the space for sleeping accommodations therein is divided into cubicles for a single night or for less than a week at a time.
MOTEL
Be deemed, in all respects, a hotel, and is generally considered as the temporary refuge along the highway for transient motorists, and is not more than two stories in height, in which the exit from each dwelling unit or sleeping room is directly to the exterior.
MULTIPLE RESIDENCE
A residence which is either rented, leased, let or hired out, to be occupied or is occupied as the temporary or permanent residence or home of three or more families living independently of each other, including, but not limited to, the following: A tenement, flat house, maisonette apartment, apartment house, apartment hotel, garden apartment, motel, tourist house, bachelor apartment, studio apartment, duplex apartment, kitchenette apartment, hotel, lodging house, rooming house, boardinghouse, boarding and nursery school, furnished-room house, club, sorority house, fraternity house, college and school dormitory, convalescent, old-age, senior citizens', rest or nursing home or residence, but not including private or public hospitals or public institutions. It shall also include a dwelling with three or more roomers, boarders or lodgers residing with a family. For further clarification of this definition, "multiple residences" are divided into two classes: Class A and Class B.
A. 
CLASS A MULTIPLE RESIDENCEA multiple residence which is occupied, as a rule, for permanent residence purposes and not transiently. This class shall be deemed to include all occupancies as mentioned above and all other multiple residences, except Class B multiple residences, as defined below, whether or not such other multiple residences are specifically designated by name.
B. 
CLASS B MULTIPLE RESIDENCEA multiple residence which is occupied, as a rule, transiently and is the more or less temporary abode of individuals or families who are lodged with or without meals. This class shall be deemed to include and shall include hotels, motels, lodging houses, boardinghouses, boarding schools, furnished-room houses, lodgings, clubhouses and college and school dormitories.
NURSING HOME
A building used for the accommodation and care of persons with, or recuperating from, illness or incapacity, where nursing services are furnished.
OCCUPANCY POSTER
A sign designating the lawful number of occupants permitted in a room, floor or space which is open to the public as a place of public assembly.
OCCUPANT
Any person over 12 years of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.
OPERATOR
Any person who has charge, care or control of a building or part thereof in which dwelling units or rooming units are let.
ORDINARY MINIMUM WINTER CONDITIONS
The temperature 15° F. above the lowest average recorded temperature for the previous ten-year period taken at the nearest official recording station.
OWNER
Any person who, alone or jointly or severally with others:
A. 
Shall have legal title to any dwelling or dwelling unit with or without accompanying actual possession thereof, or
B. 
Shall have charge, care or control of any dwelling as owner, agent of the owner or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter and of rules and regulations adopted pursuant thereto, to the extent as if he were the owner.
PERSON
And include any individual, firm, corporation, association or partnership or other interested party.
PLACE OF ASSEMBLY
A room or space which is occupied or arranged to be occupied by 75 or more persons and which is used for educational, recreational, amusement, social, religious, patriotic, civic, travel and similar purposes, and shall include assembly halls, lecture rooms, exhibition halls, museums, auditoriums, instruction rooms, dance shall or studios; cabarets, nightclubs, restaurants, any room or space used for private banquets, feasts, socials, card parties, bingo or weddings; lodge or meeting halls or rooms; skating rinks, gymnasiums, swimming pools, billiard rooms, bowling alleys, archery ranges, halls used for public or private catering purposes; funeral parlors, recreation rooms, concert halls, broadcasting studios, theaters, motion picture theaters; passenger stations and terminals of air, surface, underground and marine public transportation facilities; or any other building, shed or enclosure coming within the occupancy and other similar classifications of this definition as determined by the officer charged with the enforcement of this definition. Nothing in this definition shall be construed to apply to any room or space used exclusively for dwelling purposes in a private or multiple dwelling, places of incarceration, an asylum, convalescent, old-age or nursing home, or designated areas for religious worship only, or nonparochial elementary or high schools; colleges licensed to operate by the State Board of Regents, provided such rooms are used solely and exclusively by the students of such schools or colleges. All places of assembly shall substantially comply with Rule 36 of the New York State Standard Building Code and/or with all rules, regulations, ordinances, zoning and directives of the designated enforcing authority of the Town of Hempstead, where such conditions are not definitely specified or are more restrictive.
PLUMBING
And include all of the following supplied facilities and equipment: water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
ROOMING HOUSE
Any dwelling containing one or more rooming units in which space is let by the owner or operator to two or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.
RUBBISH
Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust.
SELF-CLOSING DOORS
As applied to fire doors or other opening protectives, shall mean doors which are normally kept in a closed position and which close automatically after having been opened.
SINGLE-ROOM OCCUPANCY
The occupancy by one or two persons of a single room or of two or more rooms which are joined together, separated from all other rooms within an apartment in a multiple residence so that the occupant or occupants reside separately and independently of the other occupant or occupants of the same apartment. When a Class A multiple residence is used wholly or in part for singleroom occupancy, it shall remain a Class A multiple residence.
STORY
That portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds 1/3 of the area of the floor immediately below, it shall be deemed to be a story. A basement shall be counted as a story when its ceiling height is six feet or more above the average finished grade. A cellar shall not be deemed to be a story. An attic shall not be deemed to be a story if unfinished or without human occupancy.
SUPPLIED
Paid for, furnished or provided by, or under the control of, the owner or operator.
TEMPORARY HOUSING
Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system on the same premises for more than 30 consecutive days.
THE MANAGER OF THE BUILDING DEPARTMENT
The legally designated Building Inspector of the Town of Hempstead, New York, or his authorized representative.
THE MEANING OF CERTAIN WORDS
Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit," "premises" are used in this ordinance, they shall be construed as though they were followed by the words "or any part thereof."
UNTENANTED HAZARD
A multiple residence or any part thereof, or any structure on the same premises with a multiple residence, which has been untenanted for a period of 60 days or more and either is not guarded continuously by a resident caretaker or has any exterior openings which are not sealed in a manner approved by the Building Department; and is, in their opinion, a fire hazard or in a condition dangerous or detrimental to human life, health or morals.
The Manager of the Building Department is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units, nursing homes, hotels, motels and mobile homes and premises located within this Town of Hempstead, in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and the general public. For the purpose of making such inspections, the Manager of the Building Department is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises. The owner or occupants of every dwelling, dwelling unit, or the person in charge thereof, shall give the Manager of the Building Department free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.
A. 
Whenever the Manager of the Building Department determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall:
(1) 
Be put in writing.
(2) 
Include a statement of the reasons why it is being issued.
(3) 
Allow a reasonable time for the performance of any act it requires.
(4) 
Be served upon the owner or agent, or his occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally; or if a copy thereof is sent by certified mail to his last known address, and a copy thereof is posted within 24 hours of each other in a conspicuous place in or about the dwelling affected by the notice; or if he is served with such notice by any other method authorized or required under the laws of this state.
(5) 
Set forth the procedure rights as outlined in § 88-3B.
(6) 
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
B. 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing on the matter before the Manager of the Building Department; provided that such person shall file in the office of the Manager of the Building Department a verified written petition requesting such hearing and setting forth a brief statement of the grounds therefor, within 10 days after the day the notice was served. Upon receipt of such petition, the Manager of the Building Department shall set a time and place for such hearing and shall give the petitioner 10 days' written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 20 days after the day on which the petition was filed; provided that upon application of any interested party, the Manager of the Building Department may postpone the date of the hearing for a reasonable time beyond such twenty-day period if in his judgment the interested party has submitted a good and sufficient reason for such postponement, but in no event shall said hearing be postponed longer than 60 days. In any case, if no written petition shall be filed with the Manager of the Building Department within the ten-day period provided for in this subsection; the Manager of the Building Department shall immediately issue an order directing the removal of violations as listed on the notice.
C. 
The proceedings at such hearing, including the findings and decision of the Manager of the Building Department, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Manager of the Building Department. Such record shall also include a copy of every notice or order issued in connection with the matter.
D. 
After such hearing, the Manager of the Building Department shall sustain, modify or withdraw the notice, depending upon his findings as to whether the provisions of this chapter have been complied with. If the Manager of the Building Department sustains or modifies such notice, it shall be deemed to be in order. After a hearing in the case of any notice revoking any permit required by this chapter, when such notice has been sustained by the Manager of the Building Department, upon the receipt of the written decision by the petitioner, the permit shall be deemed to have been revoked. If a petition for hearing is not filed in the office of the Manager of the Building Department within 10 days after such notice is served, the Manager of the Building Department shall issue an order directing the revocation of any permit affecting the notice and such revocation shall take effect upon receipt of the order by the violator.
E. 
Whenever the Manager of the Building Department finds that an emergency exists which requires immediate action to protect the public health, safety and welfare, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any party to whom such order is directed shall comply therewith immediately. If such party is not available or does not respond with sufficient promptness to meet the emergency, then the Manager of the Building Department shall have the power to correct the emergency, and any expense suffered by this Town of Hempstead shall be borne by the party.
No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the following requirements:
A. 
Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to a water and sewer system approved by the Manager of the Building Department.
B. 
Every dwelling unit shall be equipped with a complete bathroom fixture group consisting of a flush water closet, lavatory basin and bathtub or shower in good working condition and properly connected to a water and sewage system approved by the Manager of the Building Department. The flush water closet, lavatory basin and bathtub or shower need not be installed in the same room, but said room or rooms shall afford privacy to a person within said room or rooms.
C. 
Every dwelling unit shall be supplied with adequate rubbish storage facilities and with adequate garbage disposal facilities or garbage storage containers whose type and location are approved by the Manager of the Building Department. It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing three or more dwelling units. In all other cases it shall be the responsibility of the occupants to furnish such facilities or containers.
D. 
The water-heating facilities necessary to provide the hot water required under Subsections A and B shall be properly installed and connected to the hot-water lines required under those subsections, shall be maintained in safe and good working condition, and shall be capable of heating water to such a temperature as to permit an adequate flow of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120° F. Such supplied water-heating facilities shall be capable of meeting the requirements of this subsection when the dwelling, dwelling unit, rooming house or rooming unit heating facilities required under the provisions of § 88-5E are not in operation.
E. 
Every dwelling unit shall have safe, unobstructed means of egress leading to safe and open space at ground level as required by the laws of this state and this Town of Hempstead, New York.
No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements:
A. 
Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window or skylight area, measured between stops, for every habitable room shall be 10% of the floor area of the room. Whenever walls or other portions of structures face a window of any such room, and such light-obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area.
B. 
Every habitable room shall have at least one window or skylight which can easily be opened, or such other device that will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size as required in Subsection A of this section, except where there is supplied some other device affording adequate ventilation and approved by the Manager of the Building Department.
C. 
Every bathroom and water-closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in this chapter, except that no window or skylight shall be required where the bathroom or water-closet compartment is adequately ventilated by a ventilation system which is kept in continuous automatic operation while in use, and approved by the Manager of the Building Department.
D. 
Every dwelling unit and all public and common areas shall be supplied with electric service, outlets and fixtures which shall be properly installed, shall be maintained in good and safe working condition and shall be connected to the sources of electric power in a safe manner.
E. 
Every dwelling or dwelling unit shall be supplied with heating facilities which are properly installed, are maintained in safe and good working condition and are capable of safely and adequately heating all habitable rooms, bathrooms and water-closet compartments located therein, to a temperature of at least 70° F., at a distance three feet and more from exterior walls and at a level of five feet above the floor, under ordinary minimum winter conditions. Either central- or space-heating facilities may be used, provided that they meet the following requirements:
(1) 
Every central-heating unit and/or central hot-water heating shall:
(a) 
Have every heat duct, steam pipe and/or hot-water pipe free of leaks and functioning properly to provide an adequate amount of heat and/or hot water to the intended place of delivery;
(b) 
Be provided with seals between sections of hot-air furnaces to prevent the escape of noxious gaes into heat ducts:
(c) 
If employing electricity, be connected to an electric circuit of adequate capacity in an approved manner: and
(d) 
Be provided with automatic or safety devices and be installed and operated in the manner required by the state and the Town of Hempstead.
(2) 
Every space-heating unit and/or unit hot-water facility shall:
(a) 
Not use gasoline as a fuel;
(b) 
Not be of the portable type if using solid, liquid or gaseous fuel;
(c) 
If employing a flame, be connected to a flue or a vent in the manner required by the state and the Town of Hempstead;
(d) 
If employing solid or liquid fuels, have a fire-resistant panel beneath it;
(e) 
Be located at least two feet away from any wall or be equipped with insulation sufficient to prevent the overheating of any wall in the manner prescribed by the current Standards of the American Standards Association and the National Fire Protection Association;
(f) 
If employing gaseous fuel, be equipped with other than rubber-tube or armored rubber-tube connector;
(g) 
If employing electricity, be connected to an electric circuit of adequate capacity in an approved manner; and
(h) 
Be installed and operated in the manner required by the state and the Town of Hempstead.
F. 
Every common hallway and stairway in every dwelling shall be adequately lighted at all times.
G. 
During that portion of each year when the Manager of the Building Department deems it necessary for protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall have supplied screens and a self-closing device; and every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens, provided that such screens shall not be required during such period in rooms deemed by the Manager of the Building Department to be located high enough in the upper stories of buildings to be free enough from such insects, and in rooms located in areas of this Town of Hempstead which are deemed by the Manager of the Building Department to have so few such insects as to render screens unnecessary.
H. 
Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with a screen or such other device as will effectively prevent their entrance.
No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements:
A. 
Every foundation, floor, wall, ceiling and roof shall be reasonably weathertight, watertight and rodentproof, shall be capable of affording privacy, and shall be kept in good repair.
B. 
Every window, exterior door and basement hatchway shall be kept reasonably weathertight, watertight and rodentproof, and shall be kept in sound working condition and good repair.
C. 
Every inside and outside stair, every porch and every appurtenance thereto shall be maintained and kept in sound condition and good repair.
D. 
Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks and obstructions.
E. 
Every water-closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.
F. 
All rainwater shall be so drained and conveyed from every roof so as not to cause dampness in the walls, ceilings or floors of any habitable room or of any bathroom or water-closet compartment.
G. 
All exterior wood surfaces shall be adequately protected from water seepage and against decay.
H. 
All walls, ceilings, interior woodwork, doors and windows shall be kept free of flaking, peeling or loose paint.
I. 
Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition.
J. 
No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this chapter, to be removed from or shut off from or discontinued for any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during temporary emergencies when discontinuance of service is approved by the Manager of the Building Department.
K. 
No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary and fit for human occupancy.
No person shall occupy or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements:
A. 
Every dwelling unit shall contain at least 150 square feet of floor area for the first occupant thereof and at least 100 additional square feet of floor area for every additional occupant thereof, the floor areas to be calculated on the basis of total usable floor area of habitable rooms.
B. 
At least half of the floor area of every habitable room shall have a ceiling height of at least 7 1/2 feet. The floor area of the part of any room where the ceiling height is less than five feet shall not be considered in computing the usable floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
C. 
No cellar space shall be used as a habitable room or dwelling unit.
D. 
No basement space shall be used as a habitable room or dwelling unit unless, in addition to the other provisions of this chapter:
(1) 
The floors and walls are impervious to leakage of underground and surface runoff water and insulated dampness; and
(2) 
The minimum aggregate glass area of windows as required under § 88-5A is located entirely above the grade of the grade adjoining such window area.
Every owner of a dwelling containing two or more dwelling units shall have the following responsibilities:
A. 
In addition to a primary exit, there shall be provided a secondary exit from the building or, in lien thereof in buildings not more than two stories in height, such secondary means of egress shall not be required, provided that the sill of the second-story window does not exceed 14 feet in vertical height above the ground or other safe landing place immediately below such window sills.
B. 
Safe, continuous and unobstructed exits shall be provided from the interior of the building to the exterior at street or grade level; they shall be arranged, constructed and proportioned so that occupants may escape safely from the building in case of emergency.
C. 
Railings shall be provided on open portions of stairs, balconies, landings and stairwells.
A. 
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.
B. 
Such facilities shall effectively convey the products of combustion to the outer air.
C. 
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.
D. 
Openings for smoke pipes or gas vent connections shall be provided with means for easy connection without restriction of flue.
E. 
No flue shall have smoke pipe or gas vent connections in more than one story of a building.
F. 
Fuel-burning equipment and fireplaces located in different tenancies shall not be connected to the same flue.
A. 
Exhaust air from a dwelling unit shall not be circulated to another dwelling unit.
B. 
Ducts shall be of noncombustible material and securely fastened in place and appropriately fire-stopped.
C. 
Direct air-conditioning systems using refrigerants that are highly flammable, highly irritant or toxic shall not be used for air-conditioning purposes.
D. 
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.
E. 
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.
F. 
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.
G. 
Exhaust openings shall be located so that the exhaust air will not create a nuisance.
H. 
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.
A. 
Water supply used for filling or for cleaning of the pool shall be clean. Water supply shall be protected against potential pollution from all sources, including cross connection and backflow.
B. 
Drains shall be provided so that the pool can be safely and adequately drained in floors surrounding the swimming pool, and arranged so that water from such areas will drain without entering the pool.
C. 
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 locked in ventilated rooms.
D. 
The installation shall be arranged and maintained to prevent dirt, sand or other foreign matter from entering the bathing area.
A. 
All provisions of this section shall apply to every multiple residence of permanent or transient occupancy and shall apply in addition to, and not in substitution for, any provisions which are definitely provided in other sections of this code.
B. 
Illegal use. No person, owner, tenant, lessee, agent, philanthropic, welfare or other agency shall harbor, board, rent, lease, place, permit, sanction or continue the use by any person or persons of any multiple residence which is in violation of any section of this code.
C. 
Multiple residence on the same lot as another building. No multiple residence shall hereafter be erected upon the rear of a lot on which there is a building on the front of such lot, nor upon the front of such lot on which any building, other than a garage which is to be used by the occupants of such multiple residence in conformity with the New York State Multiple Residence Law Rule 5 (Motor Vehicle Storage), is erected.
D. 
Hall lighting. In every multiple residence erected prior to July 1, 1952, there shall be provided at every floor level a window opening upon a street, yard or court: or there shall be maintained on such floor or floors continuous artificial lighting. A fireproof, self-closing bulkhead door, giving access from stair leading to a roof, shall be accepted in lieu of a window or continuous lighting for this stair leading from top story to roof, provided that such door contains not less than five square feet in area of clear wired glass. There shall also be provided a light or lights which shall be of not less than 25 watts or equivalent photometric rating, for the vestibule, entrance hall and every public hall, stair, fire stair and fire tower on every floor. Every such light shall be turned on by the owner or his agent at sunset every day and shall not be turned off by the owner or his agent until the following sunrise. Such light or lights shall be kept burning daily from sunset until sunrise, and any defective bulbs shall be replaced as soon as possible. The light or lights in every stair, fire tower and public hall shall be so located and be of such intensity that all portions shall be sufficiently lighted. The inspector shall make further recommendation on lighting where he deems there is insufficient daylight illumination.
E. 
Ventilating skylight. In every multiple residence erected prior to July 1, 1952, there shall be provided, in the roof directly over each stair, fire stair, dumbwaiter, elevator or similar shaft which extends to or within one story of a roof, a ventilating metal skylight of the cross-sectional area of such shaft, but not less than 20 square feet in area and at least 144 square inches of fixed ventilation. An existing ventilating metal skylight in the roof may be accepted if deemed adequate in the opinion of the officer charged with the enforcement of this section. Every skylight shall be glazed with plain glass in the roof of such skylight and shall be equipped with metal screens above and below the skylight. In lieu of such ventilating skylight, a fixed louvre may be installed in the bulkhead door or in the exterior wall of such bulkhead not on a lot line, provided a minimum of 144 square inches of unobstructed ventilation is maintained to the outer air. Where there is a flooring of solid construction at the top of any stair, elevator or shaft, openings shall be left at the top of such shaft for ventilation. Such openings shall provide at least 144 square inches of unobstructed ventilation and shall communicate directly to the outer air. The Manager of the Building Department may accept a suitable plain glass window in lieu of such skylight. It shall be unlawful to discharge into any such shaft any inflammable or volatile gases, liquids or vapors or to install or permit any piping or other thing or matter which might endanger life.
F. 
Mailboxes (lighting). When the natural light in any public hall in which a mailbox or other receptacle for mail is maintained in a multiple residence is not sufficient to permit a person to read the names appearing on such mailbox or receptacle, the owner shall install a lighting fixture directly over such mailbox or receptacle and maintain the same in serviceable condition in order that a light may be turned on for the convenience of the tenant or the mail carrier serving the premises.
G. 
Sleeping room: maximum occupancy. One occupant per room having floor area of at least 80 but less than 120 square feet, two occupants per room having floor area of at least 120 but less than 180 square feet, and three occupants per room having floor area of 180 or more square feet.
H. 
Rooms in cellars. No room in any cellar shall be used for living or sleeping purposes, but all or part of such cellar may be used for storage or other general utility purposes accessible to the owner or occupants only.
I. 
Increase in occupancy. If the number of rooms or apartments in any multiple residence erected prior to July 1, 1952, is altered as to increase the occupancy of such building, the entrance hall, stair shall and their ceilings shall be fire retarded. In lieu of such required fire retarding, there may be installed an automatic sprinkler system, equipped on each story with heads in such number and so spaced as to protect the complete area of the public halls and stairs.
J. 
Cellar stair. All interior stairs in any multiple residence, leading from the entrance story to a cellar or basement, shall be enclosed with fire-retarded partitions and shall be provided with a fire-retarded, self-closing door at both top and bottom of such stair.
K. 
Business occupancy. When a business is conducted in any multiple residence erected prior to July 1, 1952, the ceiling of the business space shall be covered with fire-retarded material or shall be equipped with an automatic sprinkler system, and any openings between such business portion and a multiple residence shall be sealed up with fire-retarded material or provided with a fireproof, self-closing protective assembly.
L. 
Closets. In any multiple residence, no closet of any kind shall be constructed or maintained under any stair one any floor from the cellar level to the roof, and such space shall be kept entirely open and clear of any encumbrance.
M. 
Extinguisher: oil burner. In any multiple residence where oil is used for central heating, there shall be provided immediately outside the boiler room or other location, as designated by the officer charged with the enforcement of this section, a ten-pound CO2 or equivalent dry-powder chemical fire extinguisher.
N. 
Emergency switch. An emergency switch with a red, designating plate shall be located outside the oil or gas burner room; or if such room is not required, then it shall be located at the top of and immediately inside the cellar or basement stair enclosure.
O. 
Cellar/basement partitions. In any cellar or basement of any multiple residence, any wooden or other combustible partitions used for storage or otherwise shall be covered with fire-retarding material or otherwise rendered safe against fire by painting such material with a fire-retardant paint having a flame spread of not more than "25."
P. 
Antennas/aerials. Any radio or television antenna or aerial which is mounted or secured to a roof of a multiple residence shall be so located that the lowest part of any arm or horizontal wire or connection shall not be less than 10 feet above the roof. All lines or contrivances used for the drying of clothes shall be removed when not in actual use, or otherwise arranged so that there is no horizontal projection within a vertical distance of 10 feet. No radio or television antenna or other wires shall be attached to any fire escape or to any soil or vent line.
Q. 
Guard railings. Every multiple residence three or more stories in height shall have the perimeter of every open area of a roof, terrace, areaway, outside stair, retaining wall or porch protected by a parapet wall, guard railing or chain-link fencing, or any combination of both parapet wall and either such railing or fencing, extending three feet six inches or more in height above the level of such area, or in the case of a stair landing, stair window or window in a public hall, above the level of the floor adjacent thereto. In dwellings two stories in height, it shall be sufficient if the guard railing is erected at least five feet distant from and encloses any required bulkhead or scuttle opening to the roof.
R. 
Gas meters.
(1) 
Gas meters shall be located in spaces that are dry, well ventilated, readily accessible, free from steam or mechanical fumes and protected against extreme heat. Gas meters shall be located as near as practicable to the point of entry of the gas service. Gas meters shall not be installed in a stairway, boiler room or any room containing heating apparatus, nor in any public hall above the cellar nor above the lower story if there is no cellar. Gas meters shall not be installed in spaces designed for the storage of paints or flammable products.
(2) 
Gas services, gas meters and gas-pressure regulators shall be located so that they are protected from damage. Such equipment shall be sufficiently removed or separated from the bottom termination of a stairway so as not to constitute a potential hazard.
(3) 
Replacement meters shall be permitted in areas where originally installed, except in boiler rooms or rooms containing any heating apparatus or spaces designed for storage of paints or flammable products.
S. 
Gas appliances. In any multiple residence erected prior to July 1, 1952, it shall be unlawful to place, use or maintain in a condition intended, arranged or designed for use, any gas-fired cooking appliance, laundry stove, heating stove, range or water heater or combination of such appliances, in any room or space used for living or sleeping, unless such room or space has a window opening to the outer air or such gas appliance is vented to the outer air. All automatically controlled gas appliances shall be equipped with a device which shall shut off automatically the gas supply when the pilot light or other constantly burning flame in such appliance is extinguished. All gas appliances shall be connected directly to the gas supply by means of rigid piping. All appliances and devices shall bear the approval label of the American Gas Association. Water heaters installed in any room or space within an apartment shall be connected to a flue or to the outer air.
T. 
Kerosene heaters. After January 1, 1968, it shall be unlawful to use, place, store or keep any portable kerosene heater or other heater using a liquid petroleum product in any multiple residence. This does not include any legally installed oil burner used for central heating.
U. 
Storage of oils. The storage of kerosene or other liquid petroleum products used in portable or other heaters, other than in a legally installed oil burner tank and used for central heating, shall be stored outside in a locked metal shed or receptacle which shall not be located closer than 20 feet of the multiple residence. There shall be permitted within the apartment a maximum of one gallon, other than in the storage tank of such storage heater, permitted to be stored in an approved can bearing the Underwriters' seal. There shall be no storage of such heating oils in any parts of such dwelling to which the public has access.
V. 
Occupancy posters. Occupancy posters shall be located at the main entrance of any space or room, in a multiple residence, used as a place of public assembly, so as to be conspicuously visible to persons entering such area, and shall be illuminated and substantially secured to wall or partition.
W. 
Kitchens and pantries (public assembly).
(1) 
In all multiple residences, any kitchen or service pantry connected with a place of public assembly shall be equipped with an automatic sprinkler system or fire-detecting system, unless such kitchen or pantry is located at least 30 feet from the multiple dwelling, and shall be separated from all other parts of the place of public assembly by construction having a fire-resistive rating of at least one hour.
(2) 
Doors in such partitions shall be fireproof self-closing doors having a one-hour rating and may have a vision panel of wire glass conforming to specifications as defined in § 88-12II(4) and (5).
(3) 
Any other openings other than doors shall be provided with automatic fire dampers or fire shutters of incombustible material.
(4) 
Ranges shall be provided with hoods and exhaust ducts which shall be of at least No. 26-gauge metal with tight joints. Range hoods shall be located not more than seven feet above the floor level and shall be of the width and breadth of the appliances served. A clearance of at least 18 inches shall be provided between range hoods and any combustible material. Connections from hoods shall be to an independent chimney or to a metal stack, insulated from contact with any combustible material.
(5) 
Hoods and ducts shall be thoroughly cleaned quarterly and records kept and available for inspection.
(6) 
An approved ten-pound CO2 or equivalent dry-powder chemical extinguisher shall be provided and securely mounted on the wall in plain sight and readily accessible. Extinguishers shall be checked annually and recharged immediately after use and shall be tagged to indicate when this was done and by whom.
X. 
Sprinkler inspection. The owner of every multiple residence in which a sprinkler system is installed as a necessary requirement shall cause such system to be tested and inspected annually. One copy of the test shall be kept on the premises and available for inspection, and the other copy is to be filed with the Manager of the Building Department of the Town of Hempstead. Whenever defects are found, they shall be corrected immediately.
Y. 
Openings in public halls. In every multiple residence erected prior to July 1, 1952, every sash or other opening in the walls or partition of public halls shall be sealed closed with fire-retarded materials, and any door from apartments or other rooms to public halls, having glass panels or glass lights, shall be covered with fire-retarded material or provided with wired glass. All doors to public halls shall be self-closing.
Z. 
Fire protection: public halls and stairways.
(1) 
In every multiple residence erected prior to July 1, 1952, two or more stories in height, the wood wainscoting and other combustible material on walls and ceiling surfaces in all public halls and stairways shall be removed and replaced with incombustible or fire-retarded materials. In lieu thereof, a fire-retardant paint having a flame spread of not more than "25" may be accepted. When interior wall and ceiling finishes other than paint are used, they shall be mounted directly on a noncombustible or fire-retarded base, and such material shall have or be treated to have a flame spread of not more than "25." Subsequent refinishing or repainting shall comply with the "25" flame-spread rating. A manufacturer's certificate shall be forwarded to the Building Department stating the name of the paint used, where applied and the flame-spread rating.
(2) 
Public halls and stairways in all multiple residences erected prior to July 1, 1952, three or more stories in height, shall be enclosed with fire-retarded material; and all openings shall have fireproof, self-closing doors, or public hall and stair shall be equipped throughout with an automatic sprinkler system.
AA. 
Openings adjacent to fire escapes. All doors and windows of any business occupancy in the same building as a multiple residence, which are on the same level as any fire escape balcony or below a stair of a fire escape and within a horizontal distance of 10 feet, shall be fireproof and self-closing.
BB. 
Openings to dumbwaiter. All doors opening from dumb-waiter shaft shall be self-closing, and doors and assemblies when of wood or other non-fireproof construction shall be completely covered with at least No. 26 United States Gauge metal, except in the cellar where doors and assemblies shall have a fire-resistive rating of at least one hour.
CC. 
Gas water heaters and driers. All products of combustion from gas water heaters or gas driers shall be connected by a substantial gastight flue pipe to a chimney or to the exterior of the building. All lint shall be removed from such gas driers daily.
DD. 
Boiler rooms.
(1) 
In every multiple residence erected prior to July 1, 1952, which is more than three stories in height, the boiler or furnace room of a central-heating plant shall be equipped with a sprinkler system or such heating system shall be enclosed in a fire-resistant room having at least a two-hour rating and all openings to other portions of the dwelling shall be equipped with the required rated fireproof self-closing door. In any such residence three stories in height, the boiler or furnace room shall be equipped with a sprinkler system or may be enclosed with fire-retarded materials on walls and ceilings and be provided with a fire-retarded, self-closing door. In any such residence two stories or less in height, the ceiling of the cellar or lowest story shall be fire retarded over the boiler and hot-water heater for a distance of four feet in all directions.
(2) 
In every dwelling erected after July 1, 1952, the boiler or furnace room shall be enclosed in a fire-resistant room or space having at least a two-hour rating and all openings therefrom to other portions of the residence shall be equipped with the required rated doors and assemblies with doors self-closing.
EE. 
Awnings/canopies. Awnings and canopies on or connected to a multiple residence shall be of incombustible material or rendered safe against fire.
FF. 
Cleaning of heating equipment. Before the starting of the heating system, the owner of every multiple residence shall have all heating units checked, cleaned and adjusted, including the cleaning of all smoke pipes, flues and chimneys. All defects are to be repaired prior to the operation of such heating system.
GG. 
Garden-type maisonette apartments. Every one- or two-family unit of a garden-type maisonette dwelling shall be separated from all other units by an unpierced partition constructed of material having a fire-resistive rating of at least one hour, and such partition shall extend from the first floor above the basement or cellar of the dwelling to the top of the roof boards in such a manner as to prevent the passage of fire, smoke or gases between units. Cellar ceilings throughout shall be fire retarded.
HH. 
Balloon framing. All balloon framing (open studding) must be fire-stopped at both the basement and attic levels. The firestopping may be done by packing openings tightly with rolled mineral or glass wool insulation or by covering such openings with two-inch-thick wood blocks, fitted snugly and well nailed, or by a combination thereof.
II. 
Wired glass in doors and windows.
(1) 
Doors for openings in fire wall shall be constructed without any glass.
(2) 
Doors for openings in fire partitions may be constructed with glass, provided they meet the fire-resistive requirements for such doors.
(3) 
Doors for openings in fireproof partitions may be constructed with a total maximum exposed area of wired glass of 720 square inches.
(4) 
Doors for openings in stair enclosures may be constructed with vision panels having a maximum exposed area of wired glass of 100 square inches and a maximum dimension of 12 inches. Such vision panels shall be glazed with two thicknesses of wired glass with an airspace between.
(5) 
All wired glass shall be at least 1/4 inch thick, enclosing a layer of wire fabric reinforcement. Such reinforcement shall have a maximum mesh of 7/8 of an inch, and the size of the wire shall be at least No. 25 steel wire gauge or shall be of equivalent fire-resistive qualities. Such wired glass shall be set at least 5/8 inch into the frame.
(6) 
Wired glass in fire windows shall have a fire-resistive rating of at least 3/4 hour.
JJ. 
Incinerators.
(1) 
Incinerators, where permitted, shall be constructed and maintained in accordance with the New York State Building Code in addition to those requirements of the Town of Hempstead pertaining thereto.
(2) 
Spark-arrester screens shall be at least twelve-gauge stainless steel wire with three-fourths-inch mesh.
(3) 
Service openings into the chute shall be equipped with approved self-closing hoppers so constructed that the chute or flue is closed off while the hopper is being charged, and that no part will project into the chute or flue. The area of the service opening shall not exceed 1/3 of the area of the chute or flue.
(4) 
It shall be unlawful for an incinerator opening here-after installed to open directly on a required means of egress, unless such opening is cut off from such means of egress by a self-closing protective assembly having a fire-resistive rating of at least one hour.
(5) 
It shall be unlawful to throw carpet sweepings containing naphthalene, camphor balls or flakes; floor scrapings; oil-soaked rags; empty paint cans, pressurized cans or any other inflammable or highly combustible substance, into any incinerator chute or opening.
(6) 
There shall be continuously and conspicuously posted on every door opening into a space in which there is located any service opening into an incinerator, and also on the wall directly over the hopper opening into such incinerator, a sign containing the following: "THROWING OILY RAGS, EMPTY PAINT CANS OR ANY OTHER INFLAMMABLE OR HIGHLY COMBUSTIBLE SUBSTANCE INTO THIS INCINERATOR IS UNLAWFUL."
(7) 
Signs shall consist of the following:
(a) 
Signs on doors leading to the service openings shall be not less than eight inches wide and not less than three inches high, and shall have letters not less than 1/4 inch high.
(b) 
Signs placed on walls over the hopper shall be not less than 10 inches wide and four inches in height, and shall have letters not less than 5/16 of an inch high.
(c) 
Lettering of signs shall be in red and background shall be in white.
(d) 
Signs on doors shall be located on hall side and approximately five feet above the floor.
(e) 
Signs shall be durable and substantially secured to the door or wall, and lighting shall be sufficient to make signs legible at all times.
(8) 
Daily maintenance shall consist of:
(a) 
Removal of residue and sittings from primary and separation chambers and ashpit.
(b) 
Inspection of the proper operation of gas burner, main flue gate, manual and barometric dampers, grates and all cleanout doors.
(9) 
Weekly maintenance shall consist of:
(a) 
Removal of accumulated fly ash from bypass flue.
(b) 
Inspection of hopper doors for tightness of fit.
(c) 
Inspection of spark arrester for cleanliness and repair.
(d) 
Removal of accumulated fly ash from roof baffle chamber.
(e) 
Inspection of the condition of all refractory. All repairs or malfunctioning of equipment or deterioration shall be corrected before such incinerator may be used.
KK. 
Elevators, dumbwaiters and escalators shall be maintained in proper working order; and elevators and escalators shall be tested whenever necessary: but at least once a year all working parts shall be tested by a reliable company whose sole business is installation, repair or service of elevators or escalators, who shall certify in writing to the Building Department of the Town of Hempstead that such device is in a safe and operable condition.
LL. 
Hazardous-business occupancy. No business occupancy shall be permitted in any multiple residence which is of a hazardous nature. If there is any change in business occupancy different from that originally approved, in which the floor loads might exceed those for which the building was initially designed, the owner, lessee, tenant or occupant shall notify the Building Department before occupancy, for certification as to such use.
MM. 
Waste receptacles. The owner, lessee or person in charge of every multiple residence shall provide and keep upon the premises proper and separate metal receptacles for the deposit of ashes, rubbish, garbage, refuse and other waste materials of sufficient capacity, and such shall be removed daily from such premises.
NN. 
Cleanliness.
(1) 
The owner of every multiple residence shall keep all and every part thereof, the lot on which it is situated, and the roofs, yards, courts, passages, areas or alleys appurtenant thereto, clean and free from vermin, dirt, filth, garbage or other thing or matter dangerous to life or health.
(2) 
The owner of every multiple residence shall be responsible, to the satisfaction of the officer charged with the enforcement of this section, for the cleanliness of every public part thereof, including every room, passage, stair, floor, window, door, wall, ceiling, water-closet or toilet compartment, cesspool, drain, hall and cellar in such public part.
(3) 
All carpets and rugs which are permitted in any public part of a multiple residence shall be taken up for cleaning, if possible; but regardless, shall be cleaned by the owner at least once a year or more often as the enforcing officer deems necessary.
(4) 
Any tenant shall be punishable for existence of conditions within his apartment to the extent that such conditions are caused by him, by members of his family or household, or by his guests, and are under his control; but this provision shall not be construed to relieve the owner of any liability or duty under this section, except where a violation is caused and continued solely by the tenant or those under his control.
OO. 
Bells. Whenever bells are installed at the entrance to any multiple residence or at any door of an individual apartment in a multiple dwelling, they shall be kept in good working order.
PP. 
Mail. Whenever the owner of a multiple residence has not arranged for mail to be delivered to occupants thereof by himself, his agent or employees, arrangements shall be made for the delivery of such mail in conformity with regulations of the Post Office Department.
QQ. 
Resident janitor or superintendent. Whenever there are 12 or more families occupying any multiple residence or a group of multiple residences which are connected or adjoining and are under the same ownership, and the owner does not reside therein, there shall be a janitor, superintendent or other responsible person on behalf of the owner who shall reside within such dwelling or within a radius of 1/2 mile of such dwelling and shall have charge of maintenance of such dwelling. However, the one-half-mile radius provision shall not prevail where the total number of families occupying any single or group of multiple residences is in excess of 25.
RR. 
Repair. Every multiple residence, including its roof and every part thereof and the lot upon which it is situated, shall be kept in good repair. The owner shall be responsible for compliance with all provisions relating to multiple residences; but the tenant also shall be liable if a violation is caused by his own willful act, assistance or negligence or that of any member of his family or household, or his guest. Any such persons who shall willfully violate or assist in violating any provisions pertaining to multiple residences shall jointly and severally be subject to a summons. Whenever the light, ventilation or any matter or thing in or about a multiple residence or part thereof, or in or about the lot on which it is situated, is, in the opinion of the officer charged with the enforcement of the State Multiple Residence Law, and Codes, in a condition, or in its effect, dangerous to life or health, such officer may order or cause any such light, ventilation, matter or thing to be repaired or improved, or take such other action as deemed necessary to remove such danger to life or health.
SS. 
Painting of new fire escapes. Every new fire escape shall be painted with two coats of paint. The Building Department requires these two coats to be applied in contrasting colors, the first coat at the shop before erection and the second coat after erection. Existing fire escapes shall be scraped and repainted whenever deemed necessary, in a manner satisfactory to the Building Department. Notice shall be given by the owner to the Department prior to painting of fire escapes.
TT. 
Fire escapes. No iron bars, gates or other obstructing devices will be permitted on any window giving access to fire escapes. There shall be no encumbrances placed nor permitted to be maintained on any part of a fire escape, nor shall any wires, wash lines, aerials, antennas, etc., be permitted to be secured thereto.
UU. 
Receptacles on window sills, etc. It shall be unlawful to place or keep any receptacles for the retention of flowers or other articles on any window sill, railing, balcony, porch top or other projections above a street, sidewalk or passageway, unless such receptacle is securely fastened or is protected by an iron railing so as to prevent the falling of such receptacle.
VV. 
Filter or mixing rooms. Any filter or mixing room which is used in the process of purification of water for swimming pools located in or on the same premises as a multiple residence shall not be permitted in such residence if such chemicals, compounds or gaseous material used are of a highly combustible or hazardous nature or if the combination or admixture of such chemicals with other compounds used or dissolved in water will generate or give off gases of a dangerous or hazardous nature as defined by the National Board of Fire Underwriters or other nationally recognized laboratory.
WW. 
Refrigeration systems. It shall be unlawful to install or maintain a refrigerating system employing a highly irritant, highly flammable or toxic refrigerant in any multiple residence.
XX. 
Combustible and hazardous materials. It shall be prohibited:
(1) 
To accumulate or store on residential premises, except in approved locations, any highly inflammable 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.
(2) 
To accumulate or store materials on fire escapes or stairs, in stairways or passageways, at doors or windows, or in any other locations where in the event of fire such materials may obstruct egress of occupants or interfere with fire-fighting operations.
A. 
The provisions of this section shall apply to all multiple residences used or arranged to be occupied for single-room occupancy as defined in § 88-1, and shall apply to all existing or converted dwellings used for this purpose. All provisions of this section shall apply in addition to any other requirements which are definitely provided in other sections of this code, as well as those contained in the New York State Multiple Residence Law, Chapter 36 of the New York State Labor Law, or any applicable rule or ordinance of the Town of Hempstead.
B. 
Conditions and regulations.
(1) 
Whenever any owner or tenant of any apartment in a multiple residence shall rent such apartment or any part thereof to more than two boarders, roomers or lodgers, such renting shall constitute a use of such apartment for single-room occupancy.
(2) 
It shall be unlawful for the owner or tenant of any multiple residence to rent any apartment therein for single-room occupancy, or to cause or permit any apartment so rented or any portion thereof to be used for single-room occupancy, without a permit.
C. 
General requirements. It shall be unlawful to occupy any frame multiple residence more than two stories in height for single-room occupancy. It shall be unlawful to occupy any other existing Class A dwelling or part thereof as a rooming house or furnished-room house or for single-room occupancy, unless such dwelling or part conforms to the provisions of this section and to such other provisions as were applicable to such dwelling before such conversion. This section shall not be construed to prohibit the letting by a family of one or more rooms within their apartment to not more than two boarders, roomers or lodgers, provided, however, that every room in such apartment shall have free and unobstructed access to each required exit.
D. 
Increase in occupancy: rooms.
(1) 
Any such dwelling may be so occupied without necessitating the increase in the number of stairs.
(2) 
The number of rooms shall not be increased nor shall the light or ventilation of any room be impaired.
E. 
Egress.
(1) 
No room in any apartment shall be so occupied unless each room therein shall have free and unobstructed access to each required means of egress from the dwelling without passing through any sleeping room, bathroom or water-closet compartment.
(2) 
There shall be access to a second means of egress within the apartment without passing through any public stair or public hall. In lieu of such secondary egress, every stair hall, public hall and every hall or passage within an apartment shall be equipped on each story with one or more automatic sprinkler heads, installed in accordance with Rule 5 of the Multiple Residence Law.
(3) 
Where access to a required means of egress is provided through a room, such access shall be through a clear opening at least 30 inches wide extending from floor to ceiling, and such opening shall not be equipped with any door or door frame or with any device by means of which the opening may be closed, concealed or obstructed.
(4) 
All doors opening into a public hall or required stair, from any room, shall be fireproof and self-closing.
(5) 
All doors opening from any room to any hall or passage within an apartment shall be self-closing, and all transoms within an apartment shall be permanently closed. All plain glass shall be removed from such doors and transoms and replaced with wired glass, wood or other nonshatterable material.
(6) 
Directly over the opening to every required means of egress within an apartment, there shall be a sign marked "FIRE EXIT" as approved by the Building Department, and lighted by a red light at all times to indicate clearly the location of the means of egress; and on the walls of any hall or passage within the apartment leading to such means of egress, there shall be maintained, at all times, directional signs indicating the location of the fire exit.
(7) 
Every hall or passage within an apartment shall be unobstructed and shall be illuminated by sufficient natural or artificial light to permit a person to read the average print used in a daily newspaper.
(8) 
All wood wainscoting, except a baseboard, shall be removed from every hall or passage within an apartment.
F. 
Sprinkler system. In every dwelling which is not fire-proof, every hall or passage within an apartment shall be equipped with a sprinkler system which shall be extended so as to have at least one sprinkler head in every room.
G. 
Interior fire alarm system. There shall be provided in each such dwelling an adequate and reliable fire alarm system approved by the Building Department, by means of which alarms of fire or other danger may be instantly communicated to every portion of the dwelling. Where a fire-detecting system is installed throughout the building which actuates an interior fire alarm system, or where an automatic sprinkler system is installed throughout the building which actuates an interior fire alarm system by the flow of water through such sprinkler system, a watchman need not be provided as hereinafter required.
H. 
Bulkhead. There shall be a fire-retarded bulkhead in the roof connecting directly with the highest portion of any stairway to the roof; such bulkhead shall contain a fireproof, self-closing door and assembly. Stairs leading to such bulkheads shall be at least fire retarded.
I. 
Cooking. Cooking shall be legally permitted only in designated kitchen and cooking spaces. Any gas fixture in such space shall be connected with permanent, rigid piping. The use of any cooking apparatus in any sleeping room is unlawful.
J. 
Heating.
(1) 
There shall be a central-heating system adequate to heat every sleeping room. The use of any movable heating apparatus in any sleeping room is unlawful.
(2) 
Boiler rooms shall be completely enclosed with in-combustible materials having a fire-resistive rating of at least one hour and shall be provided with a fireproof, self-closing door. An emergency switch with designating switch plate shall be located immediately outside such boiler room. A ten-pound CO2 or equivalent-type fire extinguisher shall be provided and located as determined by the officer charged with the enforcement of this section. Natural ventilation shall be secured from the exterior of the building.
K. 
Bath, basin and water closet.
(1) 
Every apartment shall have at least one bath or shower, one washbasin and one water closet for each six adult persons who may lawfully occupy the rooms in such apartment. If additional baths or showers or water closets are installed within an apartment in order to comply with the provisions of this paragraph, each such water closet shall be in an enclosure separate and apart from every bathroom or shower room, and each such bath or shower shall be in an enclosure separate and apart from every water closet.
(2) 
There shall be access to each required water closet and bathroom without passing through any sleeping room, except that any water closet, washbasin or bathroom which connects directly with any sleeping room shall be deemed to be available only to occupants of such room and shall not be included in the computations for the required number of water closets and bathrooms.
(3) 
When the number of occupants of such dwelling is 11 or more, there shall be provided in such dwelling a laundry tub and facilities for drying clothes.
L. 
Cleaning: rooms, furniture, etc. Every room rented for single-room occupancy and all furniture and bedding shall be thoroughly cleaned before occupancy and every sleeping room at least once a week thereafter. When bed linens are provided, they shall be changed at least once every week. When the rent includes the use of towels, at least one bath and two hand towels shall be provided every week for each occupant. Such cleaning and service shall be the exclusive obligation of the person from whom the occupant rents.
M. 
Cleaning dwellings. Except as in Subsection L above, the owner shall maintain the dwelling as herein prescribed.
N. 
Manager. The owner living on the premises or a competent manager living on the premises shall be responsible for the conduct, operation and maintenance of the dwelling.
O. 
Watchman. There shall be provided at all times a competent watchman's system, complying with Article 4 of the Multiple Residence Law, when the number of sleeping rooms exceeds 30, except as provided in § 88-13G.
P. 
Minimum rental period. It shall be unlawful to rent any room in any such dwelling for a period of less than one week.
Q. 
Registration of occupants. In each such dwelling, a register shall be kept which shall show the name, signature, residence, date of arrival and date of departure of each occupant and the room occupied by him.
A. 
The provisions of this section shall supplement the requirements of Article 4 of the Multiple Residence Law of the State of New York, and shall apply to all Class B multiple residences used or arranged to be occupied transiently, and shall include hotels, lodging houses, dormitories, boarding and nursery schools, sorority houses, fraternity houses and rooming houses. Conval scent, old-age and nursing homes shall comply with § 88-15 in addition to this section.
B. 
Emergency lighting. In every hotel or similar dwelling in which there is a place of public assembly having a capacity of 200 or more persons, and in all public hallways on each floor, there shall be installed and maintained, in addition to the principal lighting system, an independent substitute system powered by a source of electricity other than that of the principal system, which shall be arranged to operate automatically upon failure of the electric current to provide a distinct illumination for a period of 30 minutes of all exitways and aisles. A light intensity of 0.5 footcandle at floor or ground level shall be deemed distinct illumination within the meaning and intent of this section.
C. 
Storage compartments. All spaces in or within 30 feet of the dwelling where inflammable or combustible materials are stored must be equipped with a sprinkler or fire-detection system.
D. 
Kitchens and pantries.
(1) 
All kitchens and pantries serving restaurants or dining rooms in any transient dwelling shall be equipped with an automatic sprinkler system or a fire-detection system. Where such kitchens and pantries are located at least 30 feet from such dwelling, no sprinkler or fire-detection system shall be required.
(2) 
Where a kitchen or service pantry is used in connection with a place of public assembly, it shall be separated from such place of assembly by construction having a fire-resistive rating of at least one hour. All doors from such area shall be at least one-hour fireproof, self-closing doors. Such doors may have a vision panel of wired glass and shall meet the specifications as defined for wire glass in § 88-12II(4) and (5). Interior openings other than doors shall be provided with automatic fire dampers or fire shutters.
E. 
Interior fire alarm system. In every transient dwelling containing 20 or more sleeping rooms for transient occupancy, there shall be an interior fire alarm system so installed and maintained that it can be operated manually from any floor to sound an alarm or alarms capable of being heard clearly in all parts of the dwelling. Such alarm system shall be installed, arranged and maintained pursuant to Rule 1 of the State Multiple Residence Law.
F. 
Watchman. In every fireproof dwelling containing 50 or more rooms used for living or sleeping purposes by transient occupants, and in every such non-fireproof dwelling containing 30 or more such rooms, the owner shall employ one or more watchmen or clerks whose duty it shall be to visit every portion of the dwelling at frequent intervals, between the hours of 11:00 p.m. and 7:00 a.m., for the purpose of detecting fire or other sources of danger and giving immediate and timely warning thereof to all the occupants. There shall be provided a watchman's clock system or other device to record the movements of such watchman. Such system shall be installed, supervised and maintained in accordance with Rule 3 of the State Multiple Residence Law. However, the provision of this subdivision shall not apply when throughout the dwelling a closed-circuit automatic, thermostatic, fire-detecting system is installed or where throughout the dwelling an approved-type automatic sprinkler system is installed which actuates a fire alarm by the flow of water through such system. If at any time any one of the foregoing protective devices is inoperative or undergoing repair, it shall be the responsibility of the owner or person in charge to provide a temporary watchman's service until such time as the protective system is placed in satisfactory normal operation.
G. 
Shafts and elevators. It shall be the responsibility of the owner or operator of every building coming under the jurisdiction of this section to have all elevator and other shafts kept free and clear of any accumulation of grease, debris or combustibles, and such removal shall be done when necessary but not less than four times a year.
H. 
Switchboard operators. It shall be the responsibility of the owner or operator of every building coming under the jurisdiction of this section, in which a telephone switchboard is maintained or operated, to acquaint all such operators with the necessary steps and procedure to follow in event of a telephone report of fire or other danger. In addition, such procedure shall be posted at or near the switchboard. No person shall be permitted to operate such switchboard until they have been duly instructed on such procedure.
I. 
Fire training of personnel. It shall be the responsibility of the owner or operator of every building coming under the jurisdiction of this section to have personnel trained in the procedure for reporting verbal or visual signs of fire or other danger and in the operation of all fire-extinguishing appliances provided on the premises.
J. 
Where second means of egress not required. In two-story transient dwellings, except nursing and convalescent homes, homes for the aged and boarding and nursery schools or similar occupancies, such secondary means of egress shall not be required, provided that the first means of egress shall be an interior stair closed off at top and bottom with fireproof, self-closing doors and the dwelling contains less than 20 sleeping rooms and the sills of the second-story windows do not exceed 14 feet in vertical height above the ground or other safe landing place immediately below such window sills.
K. 
Cellar ceiling. The ceiling of the cellar shall be completely fire retarded or the entire cellar ceiling shall be equipped with a complete sprinkler or fire-detection system. In addition to such fire retarding, sprinkler or fire-detection system, any room within the dwelling in which a boiler or furnace is used for generating heat or hot water to service the dwelling shall be enclosed with fire-retarded partitions and every door opening therefrom and its assembly shall be fireproof and self-closing. The ceiling of such room shall also be fire retarded or equipped with a sprinkler or fire-detection system.
A. 
The provisions of this section shall supplement the requirements of Article 4 of the Multiple Residence Law of the State of New York and the Town of Hempstead, and shall apply to all nursing, rest, convalescent, old-age homes and similar dwellings. Variations of this section for mental institutions shall be made by the enforcing officer commensurate with the conditions existing.
B. 
Display of Health Department license. Operators of all multiple residences included under this section shall be required to prominently display, at or near the reception desk, the current required license to operate, as issued by the Nassau County Department of Health.
C. 
Additions or conversions to existing buildings. Each addition to a new or existing building which has been lawfully converted shall be such that the entire resulting building conforms to the requirements of new buildings, or the addition shall be separated from the older structure by a noncombustible fire partition having a fire-resistive rating of at least two hours. Each communicating opening in such fire partition shall be protected by a self-closing fire door having a fire-resistive rating of at least 1 1/2 hours. Such doors may have vision panels of wired glass, provided such glass maintains the same fire-resistive rating as the door and is installed in accordance with § 88-12II.
D. 
Occupancy.
(1) 
Occupancies not under the control and management nor necessary to the administration of such institutions or homes are prohibited therein, except for residence facilities for personnel or management required by the administration to live in such building:
(2) 
Patients shall not be permitted to sleep in basements or cellars.
(3) 
Personnel shall not have living or sleeping quarters in cellars.
(4) 
Nonambulatory patients shall not be placed above the first floor unless the building is of fireproof construction and completely sprinklered.
E. 
Capacity of institution. The number of patients occupying such institution shall be limited to the number as listed in the Statement of Registry approved by the officer charged with the enforcement of this section.
F. 
Halls, stairways, passageways, etc. All halls, stairways, passageways, including those to cellar and attic, shall be enclosed with approved fire-resistive partitions and with self-closing fireproof doors at all levels.
G. 
Ramps. Exterior ramps may be permitted, provided they are at least 44 inches wide and have handrails on each side and have a maximum slope of one in 12 inches.
H. 
Painting. All rooms, halls, stair- and passageways shall be painted with a fire-retardant paint having a flame spread of not more than "25." A manufacturer's paint certificate shall be submitted to the Building Department stating the name of paint used, where applied and the flame-spread rating.
I. 
Doors.
(1) 
No locks shall be installed on patient-room doors, except in mental institutions under such conditions as permitted by the officer charged with the enforcement of this section.
(2) 
In buildings hereafter converted or erected, all doorways to patient-occupied spaces, all doorways between patient-occupied spaces and the required exits, and all exit doorways shall be at least 44 inches in clear width.
(3) 
Revolving doors shall not be counted as required exits and may only be located at main entrances where not subject to emergency use by patients.
(4) 
Every patient-sleeping room, unless it has a door leading directly outside of the building, shall have at least one outside window which can be readily opened from the inside and of such size as to be usable in an emergency.
(5) 
All doors to patients' rooms shall be self-closing and may be provided with a clear, one-fourth-inch plateglass vision panel.
(6) 
There shall be provided outside landings at least six inches greater on each side than the width of the exit doors and equivalent in depth to at least the swing of the door.
(7) 
All required exit doors shall be provided with panic hardware or nonlockable hardware so as to permit such doors to be readily opened from the inside. Exit doors shall open outwardly and there shall be no obstructions to such doors at any time. There shall be an exterior light fixture at each exit and shall be kept lighted between sunset and sunrise.
(8) 
Doors and openings to shafts, laundry chutes, dumbwaiter shafts, etc., shall be fireproof and self-closing.
J. 
Smoke doors. Smoke doors shall be required for every 100 feet of continuous travel of every hall or passageway. Such doors shall be fireproof and self-closing, having a fire-resistive rating of at least one hour. They may be double swinging, and there shall be installed clear wired glass vision panels of the same rating as the door and of such size and material as required in § 88-12II.
K. 
Basement or cellar ceilings. Such ceilings shall be covered with fire-retarding material having a fire-resistive rating of at least one hour, in addition to the automatic sprinkler or fire-detection system required.
L. 
Combustible and hazardous materials. The storage of combustible or hazardous materials, or those deemed by the officer charged with the enforcement of this section to be, or likely to create, a hazardous or unsafe condition, shall be prohibited to be stored in any building to which this section refers. Such storage, however, may be on the same premises if, in the opinion of the officer, it is so located and stored so as not to create a hazard or potential danger to such institution.
M. 
Hazardous areas.
(1) 
Boiler or furnace rooms shall be enclosed with at least one-hour fire-resistive materials and all openings between such rooms and other areas shall be protected by a fireproof, self-closing door.
(2) 
Hazardous areas or other areas with contents which may easily ignite, burn with intense flame or result in the projection of dense smoke and fumes shall be separated from other parts of the building by construction having a fire-resistive rating of at least one hour, with openings protected with a fireproof, self-closing door, or in lieu of construction only, shall be protected by an approved automatic sprinkler or fire-detection system. Closets, rooms or spaces used for storage of combustible supplies and equipment such as brooms, insecticides, furniture, floor wax, mattresses, mops, paint and similar articles shall be considered as hazardous areas within the meaning of this section.
N. 
Automatic fire protection.
[Amended 1-27-1970 by L.L. No. 5-1970, effective 1-30-1970]
(1) 
Automatic sprinkler system.
(a) 
Every portion of an existing building which is not of Type 1 or Type 2 construction, as defined by the New York State Building Construction Code, shall be protected by an automatic sprinkler system from cellar to attic, including all rooms and storage spaces.
(b) 
Every portion of a building hereafter erected and every addition hereafter erected to an existing building, and every building hereafter converted to such use, shall be protected as required in Subsection (a) above.
(c) 
Every automatic sprinkler system shall be installed and maintained in accordance with the requirements of the New York Rating Organization of the New York Board of Fire Underwriters, and a permit shall be secured from the Department of Buildings prior to installation.
(d) 
Every automatic sprinkler system shall be connected to the fire alarm system of the local Fire Department where permitted by such Department.
(e) 
Every automatic sprinkler system shall be maintained in operating condition at all times, and if such system is disconnected or inoperative for any cause, the local Fire Department and the Department of Buildings shall be notified immediately upon interruption and upon restoration of such system.
(f) 
An existing automatic sprinkler system, as required herein, may be accepted by the Commissioner of Buildings if, in his opinion, such system is satisfactory and adequate.
(g) 
An Underwriters' certificate shall be required by the Department of Buildings for any electrical work performed in conjunction with the installation of an automatic sprinkler system or for any electrical repairs, additions or extensions thereto.
(h) 
The installation of required automatic sprinkler systems in existing buildings, as specified in Subdivision (a) of this section, shall be effective on July 1, 1970; all other required automatic sprinkler system installations shall be approved by the Department of Buildings prior to occupancy or use.
(2) 
Automatic fire-detection system.
(a) 
Every portion of an existing building which is of Type 1 or Type 2 construction, as defined by the New York State Building Construction Code, shall be protected by an automatic fire-detection system or by an automatic sprinkler system from cellar to attic, including all rooms and storage spaces.
(b) 
Every automatic fire-detection system shall be installed and maintained in conformity with Rule 2 of the New York State Multiple Residence Law, and a permit shall be secured from the Department of Buildings prior to installation. Every automatic sprinkler system shall conform to the requirements of Subsection (1) above.
(c) 
Every automatic fire-detection system shall be connected to the fire alarm system of the local Fire Department where permitted by such Department.
(d) 
Every automatic fire-detection system shall be maintained in operating condition at all times, and if such system is disconnected or inoperative for any cause, the local Fire Department and the Department of Buildings shall be notified immediately upon interruption and upon restoration of such system.
(e) 
An existing automatic fire-detection system or automatic sprinkler system may be accepted by the Commissioner of Buildings if, in his opinion, such system is satisfactory and adequate.
(f) 
An Underwriters' certificate shall be required by the Department of Buildings for any electrical work performed in conjunction with the installation of either an automatic fire-detection system or an automatic sprinkler system or for any electrical repairs, additions or extensions thereto.
(g) 
The installation of either required automatic fire-detection systems or automatic sprinkler systems, as specified in Subdivision (a) of this subsection, shall be effective immediately; all other required installations shall be approved by the Department of Buildings prior to occupancy or use.
O. 
Interior fire alarm system. Every home or institution shall be equipped with an interior fire alarm system consisting of sending stations and sounding devices as provided in Rule 1 of the New York State Multiple Residence Law. Each system shall be tested daily and all fire alarm boxes and sounding devices tested monthly and kept in working order at all times. Records shall be kept and available as to time and date such tests were made and by whom.
P. 
Telephone communication to local Fire Department. All personnel shall be instructed to immediately notify the local Fire Department in the event of fire or smoke conditions, regardless of the extent of such condition. The telephone number and instructions shall be conspicuously posted at all telephones within the building.
Q. 
Fire drills: personnel.
(1) 
All personnel shall be duly trained and instructed in the duties required for an orderly, rapid evacuation in the event of a fire, the necessary procedure in communicating and transmitting an alarm of fire, and the use and operation of all fire-fighting appliances provided on the premises.
(2) 
A monthly test shall be held at different times and shall include all employees.
(3) 
The operator of such home shall be charged with the responsibility of conducting and recording such drills and the instruction and assignment of such duties for all new and regularly assigned personnel.
R. 
Fire-fighting appliances.
(1) 
All fire-fighting appliances shall be provided and located as required by the officer charged with the enforcement of this section, and shall be immediately made serviceable after use. All extinguishers shall be checked and serviced annually and shall be tagged showing the date and name of person or company providing this service.
(2) 
Fire extinguishers shall bear the Fire Underwriters' label and shall be so located on each floor that a person will not have to travel more than 75 feet from any point to reach the nearest unit. At least one unit shall be required for each 2,500 square feet of floor area or fraction thereof. Additional fire extinguishers shall be installed in each kitchen, workshop, cellar and basement storeroom and shall be approved for the specific type of hazard present in such areas as determined by the officer charged with the enforcement of this section.
S. 
Attendant or watchman. There shall be in attendance, on a twenty-four-hour basis, at least one dependable attendant or watchman, of ample agility and physical fitness, whose sole duty shall be to make regular and frequent inspections of all parts of such building from attic to cellar. Such attendant or watchman shall be sufficiently trained in reporting all signs and indications of fire or other dangers and capable of using all fire-fighting equipment provided on the premises.
T. 
Emergency lighting. Automatic emergency lighting shall be installed in all halls, stairways and assembly rooms that in the event of the failure of the regular lighting system, such emergency lighting will automatically operate and continue to operate for a period of not less than 30 minutes. Such system shall be maintained in an operable condition at all times and shall be tested at least once a month and records kept and available for inspection.
U. 
Exits. At least two exits shall be provided from each occupied floor and basement.
V. 
Exits and directional signs. Illuminated exit and directional signs shall be provided for each required exit doorway.
W. 
Fire escapes. All fire escapes required shall be approved by the Building Department and shall be maintained in safe, operable condition, free of rust, snow, ice or any encumbrances. Such fire escapes shall be repainted when necessary or as ordered by the officer charged with the enforcement of this section. Straight-run fire escapes are the only type permitted; drop ladders are prohibited.
X. 
Openings adjacent to fire escapes, etc. All glazed openings which are on the same level as any fire escape balcony or below a stair or fire escape and within a horizontal distance of 10 feet shall be provided with wire glass as required in § 88-12II.
Y. 
Heating and air conditioning.
(1) 
Only central heating shall be permitted and all parts of such system shall be maintained in a clean, safe and operable condition at all times. Prior to the start of the heating season, all parts shall be thoroughly cleaned, checked and adjusted and flue pipes and chimney connections cleaned and made airtight. All chimneys shall be cleaned annually.
(2) 
Central air-conditioning units shall be located remote and separated from all parts of such institutions, and such necessary protection shall be provided as required by the officer charged with the enforcement of this section. The use of any highly flammable, highly irritant or toxic refrigerants in air-conditioning units will not be permitted in the same building housing the institution; and if such are used, it shall be located in a separate building and the circulating system shall be of the indirect type. Such installations shall be approved by the Building Department and tested in the presence of a representative of this Department before acceptance is given.
Z. 
Flameproofing. All drapes, curtains, decorations, floor coverings and acoustical material in all parts used by occupants or visitors, if not of noncombustible material, shall be rendered safe against fire by flameproofing in accordance with the requirements of the National Board of Fire Underwriters. Such flameproofing certificate shall be submitted to the Building Department. Freshly cut flowers, decorative greens or living vegetation which do not contain pitch or resin are permitted in any part of such institution. During the Christmas season, one nonflameproof Christmas tree may be permitted in the entrance foyer or sitting or social room, provided that it shall be kept fresh and not permitted to dry out; the base shall be immersed in water; only approved noncombustible ornaments are used; electric lights shall bear the Underwriters' label and shall be so installed as not to overload the circuit, and an approved two-and-one-half-gallon soda-and-acid or loaded-stream fire extinguisher shall be located within 15 feet and clearly visible. Such tree may be maintained only between December 23 and January 2.
AA. 
Smoking.
(1) 
Smoking shall be prohibited in any room where flammable liquids, combustible gases or oxygen are used or stored and in any other hazardous locations. Such areas shall be posted with no-smoking signs.
(2) 
Smoking by patients shall be strictly regulated and only when a responsible nonpatient is present and in the room.
(3) 
Ashtrays of noncombustible materials shall be provided in all areas where smoking is permitted. Metal containers with self-closing covers shall be provided for the disposal of contents of ashtrays, and the emptying of ashtrays into open wastepaper containers is prohibited.
A. 
Registry of owner. Every owner of a multiple residence in the Town of Hempstead shall be required to register such building with the Building Department on such form or forms as prescribed by the Manager of such Department. A new form shall be filed whenever there is a change of ownership, and it shall be the responsibility of the new owner to see that such form is filed within a period of 30 days from the date of taking title.
B. 
Registry fee.[1] On or after the effective date of this subsection, every owner or prospective owner of a Class A or Class B multiple residence, as defined in this chapter, which is presently within the town, or which may hereafter be erected therein, shall be required to register said multiple residence with the Department of Buildings annually and pay an annual fee based upon the number of dwelling units. The annual registration fee for a multiple residence shall be $30 for up to and including 10 units, and $2.50 per unit thereafter for the year in which the registration fee is paid, without proportion, payable to the Town of Hempstead on or before September 1 each year.
[Amended 3-16-1982 by L.L. No. 24-1982, effective 3-22-1982; 8-24-1982 by L.L. No. 85-1982, effective 8-30-1982; 10-20-1987 by L.L. No. 87-1987, effective 10-29-1987]
[1]
Editor's Note: For current fees, see § 86-11T.
C. 
Permits.
(1) 
It shall be unlawful to commence the construction or alteration of a multiple residence or any part or section thereof or of any building or structure on the same lot with such a residence or the alteration or conversion of a building for use as a multiple residence or the moving of a residence from one lot to another, until an application or plans have been filed in and a permit issued by the Building Department. The Building Department shall have the power to charge and collect a reasonable fee for each application filed and for each permit issued.
(2) 
No person shall be recognized as the agent of the owner unless he shall file with the Building Department a written instrument, signed by the owner, designating him as such agent. Upon the filing of such instrument, the person designated therein as such agent shall be deemed to be and shall be known as the certified agent of the owner.
(3) 
The owner of any multiple residence situated in the Town of Hempstead who does not live or reside in such town shall be required to designate and certify a responsible agent who shall live, reside or have a place of business in the Town of Hempstead.
(4) 
The Building Department shall have power to issue, refuse, revoke or cancel any permit or approval in case of any failure to comply with any of the provisions of this code or where any false allegation or representation is made in any plans or statements submitted or filed for such permit or approval. If such permit is refused, revoked or canceled, the reason for such action shall be recorded by the Department.
(5) 
All plans, statements and permits filed in the Building Department shall be public records and shall not be destroyed or removed from the Department.
D. 
Certificate of occupancy.
(1) 
No multiple residence shall be occupied in whole or in part until the issuance of a certificate by the Building Department that said residence conforms in all respects with the requirements of this code. No such certificate shall be required for any multiple residence existing on July 1, 1952, for which a certificate of occupancy was not required before such date and in which no change or alterations commenced on or after such date have been made except in compliance with this code, and except that a certificate shall be required prior to July 1, 1957, for any residence, the plans for the alteration or conversion of which to multiple-residence occupancy were on file with the Department or a permit authorizing such conversion was issued before such date and for which a certificate of occupancy upon completion of such conversion or alteration was not required before such date. This exception shall not be deemed to relieve an owner from the obligation to make such residence comply with the applicable provisions of this code.
(2) 
Except as above provided, no residence constructed as or altered or converted into a multiple dwelling on or after July 1, 1952, shall be occupied in whole or in part until the issuance of a certificate of occupancy.
(3) 
The Building Department shall, on request of the owner or of his certified agent, issue a certificate of occupancy for any old multiple residence not requiring such certificate, provided that after an inspection by the Department, no violations are found against such residence.
(4) 
A certificate of occupancy shall be issued within 10 days after written application therefor, if the residence shall be entitled thereto. When the Building Department does not issue such certificate within 10 days, the Manager of the Building Department shall, on the request of the owner or his certified agent, issue a temporary certificate of occupancy for a multiple residence or a section or a part thereof for a period of 90 days or less, provided that such certificate shall bear the endorsement that the residence has been inspected by the Department and complies with all the requirements of this code, and that such temporary occupancy will not jeopardize life, health or property. Such temporary certificate may be renewed at the discretion of the Manager of the Building Department for similar periods, but shall not extend, together with such renewals, beyond one year from the date of its original issuance.
(5) 
A certificate, a record in the Building Department, or a statement signed by the Manager of the Department that a certificate has been issued, may be relied upon by every person who in good faith purchases a multiple residence or who in good faith lends money upon the security of a mortgage covering such a residence. Whenever any person has so relied upon such a certificate, no claim that such residence had not prior to the issuance of such certificate, conformed in all respects to the provisions of this code, shall be made against such person or his successor in title or ownership with respect to such multiple residence or mortgage, or against the interest of any such person with respect thereto.
(6) 
The owner or duly registered agent shall be required to file an application for a special inspection of such multiple residence to determine that such building complies with the Multiple Residence Law prior to the granting of a certificate of occupancy. Such fee shall be set and stipulated by the Town Board.
The following responsibilities of owners and occupants are in addition to those specified elsewhere in the chapter:
A. 
Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or common areas of the dwelling and premises thereof.
B. 
Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls.
C. 
Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers required in this code.
D. 
Every occupant of a dwelling or dwelling unit shall dispose of his garbage and any other organic waste which might be food for rodents, in a clean or sanitary manner, by placing it in the garbage disposal facilities or garbage containers required in this code.
E. 
Every occupant of a dwelling unit shall be responsible for hanging all screens except where the owner has agreed to supply such service.
F. 
Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only dwelling unit within the dwelling that is infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a ratproof or reasonably insectproof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or common parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.
G. 
Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care and the proper use and operation thereof.
The designation of dwellings or dwelling units as unfit for human habitation and the procedure for the condemnation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:
A. 
Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation after due notice and hearing pursuant to § 88-3 of this chapter, and shall be so designated and placarded by the Manager of the Building Department.
(1) 
One which is so damaged, decayed, dilapidated, insanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public.
(2) 
One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public as prescribed by the provisions of this code.
(3) 
One which because of its general condition or location is insanitary or otherwise dangerous to the health or safety of the occupants or of the public.
B. 
Any dwelling or dwelling unit condemned as unfit for human habitation and so designated and placarded by the Manager of the Building Department shall be vacated within a reasonable time as ordered by the Manager of the Building Department.
C. 
No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from and such placard is removed by the Manager of the Building Department. The Manager of the Building Department shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
D. 
No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such.
A. 
In any case where a provision of this code is found to be in conflict with a provision of any zoning, building, fire safety provisions or health ordinance or code of this Town of Hempstead existing on the effective date of this code, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this code is found to be in conflict with a provision of any other ordinance or code of this Town of Hempstead existing on the effective date of this code which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this code shall be deemed to prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this code.
B. 
Variances or modifications.
(1) 
It shall be within the province of the enforcing officer to vary or modify any provisions of this code where the strict enforcement of such code would affect the family unit and would be contrary to public policy and welfare and cause undue hardship. Such variation or modification shall be noted in the records pertaining to this occupancy when approved by the department head.
(2) 
Any dwelling or dwelling unit designated for rehabilitation and conservation under an urban renewal plan of the Town of Hempstead, requiring variation or modification from the provisions of this code, shall be approved by the Board of Urban Renewal Review, which shall consist of three members appointed by the Town Board, two of whom shall be the enforcing officer and the Director of Urban Renewal, and the third shall be a qualified citizen.
[Added 10-10-1967, effective 11-4-1967]
A. 
Time for compliance. The inspecting officer shall stipulate such necessary time for compliance with a notice of violation of this chapter. Such period of time may vary depending, in his discretion, on the severity of the violation. Extension of time for compliance may be given by such officer where undue hardship exists or where extensive repairs are required.
B. 
Penalties.[2]
(1) 
For any and every offense against the provisions of this chapter, the owner, general agent or contractor of a building or premises where such offense has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such offense has been committed or shall exist, or the owner, general agent, contractor, lessee or tenant of any part of the building or premises in which part such offense has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part in or assists in any such offense or who maintains a building or premises in which any offense shall exist, shall be guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days for each such offense, or by both such fine and imprisonment.
(2) 
Each week's continued offense against this chapter shall constitute a separate additional offense.
[2]
Editor's Note: Amended 2-20-1968, effective 3-18-1968.
[1]
Editor's Note: Amended 7-23-1968, effective 8-15-1968.