Village of Port Chester, NY Definitions; Standards and Specifications

Approved by the Commissioner under the provisions of this law or the rules and regulations adopted pursuant thereto or approved by an authority designated by law or by this law.

BASEMENT

The portion of the building that is partly underground which has more than 1/2 its height, measured clear from floor to ceiling, above the average finished grade of the ground adjoining the building.

BATHROOM

Enclosed space containing one or more bathtubs, showers or both, and which may also include toilets, lavatories or fixtures serving similar purposes.

BUILDING

A combination of any materials, whether portable or fixed, having a roof, to form a structure affording shelter for persons, animals or property. The word "building" shall be construed, when used herein, as though followed by the words "or part or parts thereof" unless the context clearly requires a different meaning.

CELLAR

The lowermost portion of the building partly or totally underground having 1/2 or more of its height, measured clear from floor to ceiling, below the average finished grade of the adjoining ground.

COMMISSIONER

The Commissioner of Building referred to in this law shall be a Building Inspector or his designee.

DEPARTMENT

The Building Department of the Village of Port Chester.

DWELLING

A building containing not more than two dwelling units occupied exclusively for residential uses. Residential uses shall include a private garage and customary home occupations conducted in the "dwelling" by the occupants, such as the practice of a profession.

DWELLING UNIT

A building or portion thereof providing complete housekeeping facilities for one family.

EXTERIOR PROPERTY AREAS

Open space on the premises and vacant open space on adjacent premises.

EXTERMINATION

The control and extermination of insects, rodents and vermin by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, fumigating, trapping or by other approved means of pest elimination.

GARBAGE

The animal, vegetable and mineral waste resulting from the handling, preparation, cooking and consumption of food.

GRADE

The natural surface of the ground or the surface of the ground after completion of any change in contour.

GROSS FLOOR AREA

The total area of all habitable space.

HABITABLE SPACE

Space occupied by one or more persons for living, sleeping, eating or cooking. Restaurants for employees and occupants, kitchens serving them and kitchenettes shall not be deemed "habitable space."

INFESTATION

The presence, within or continuous to a dwelling, dwelling unit, rooming house, rooming unit or premises, of insects, rodents, vermin or other pests.

KITCHEN

A space 60 square feet or more in floor area, with a minimum width of five feet, used for cooking or preparation of food and deemed habitable space.

KITCHENETTE

A space, less than 60 square feet in floor area, used for cooking or preparation of food, not deemed habitable space.

MULTIPLE DWELLING

A dwelling which is either rented, leased, let or hired out to be occupied or which 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, 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 or convalescent, old age or nursing home or residences. It shall also include a dwelling, two or more stories in height, and with four or more boarders, roomers or lodgers residing with any one family.

NONHABITABLE SPACE

Space used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms, closets and other spaces used for access and vertical travel between stories.

OCCUPANT

Any person over one year 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 multiple residence or rooming house in which dwelling units or rooming units are let or offered for occupancy.

OUTSIDE DESIGN TEMPERATURE

Zero degrees Fahrenheit.

PLUMBING SYSTEM

Pipes, fixtures and other apparatus for supplying water for consumption or for the conveyance of waste and drainage.

POTABLE WATER

Water duly approved as satisfactory and safe for drinking.

PREMISES

A lot, plot or parcel of land, including the buildings or structures thereon.

PUBLIC SEWER

Sewer operated by a public authority or public utility and available for public use.

ROOMING HOUSE

A dwelling other than a hotel in which lodging is provided for three or more persons for compensation.

ROOMING UNIT

Any room or group of rooms forming a single habitable unit used or intended to be used for living or sleeping but not for cooking or eating purposes.

RUBBISH

All combustible and noncombustible waste, except garbage.

SEWAGE

Waste from a flush toilet, bath, sink, lavatory, dishwashing or laundry machine or the water-carried waste from any other fixture or equipment or machine.

STRUCTURE

The combination of any materials, whether fixed or portable, forming a construction, including buildings. The word "structure" shall be construed as though followed by the words "or part or parts thereof."

SUPPLIED FACILITIES

Facilities paid for, furnished, 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 utility system for more than 30 consecutive days. Any tent, trailer or other structure occupied for more than 30 consecutive days shall meet all requirements of this Code.

TOILET ROOM OR COMPARTMENT

Enclosed space containing one or more toilets, which may also contain one or more lavatories, urinals and other plumbing fixtures.

VENTILATION

Supply and removal of air to and from any space by natural or mechanical means.

VENTILATION, MECHANICAL

Ventilation by power-driven devices.

VENTILATION, NATURAL

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

§ 197-10 Hazards and nuisances prohibited.

Exterior property areas shall be free from conditions which might create a health, accident or fire hazard.

Exterior property areas shall be kept free from organic and inorganic material that might become a health, accident or fire hazard.

Sewage must be discharged into a public sewer system except as provided in § 197-13E of this law. Discharge of inadequately treated sewage shall not be permitted upon the surface of the ground or into natural or artificial surface drainageways.

Stormwater shall be properly drained to prevent recurrent or excessive ponding or the entrance of water into any basement or cellar.

Exterior property areas shall be free from species of weeds or plant growth which are noxious or detrimental to the public health.

Exterior property areas shall be kept free from sources of insect, vermin and rodent breeding, harborage and infestation.

Domestic animals and pets shall not be kept on any premises in such a manner as to create insanitary conditions or constitute a nuisance.

Accessory structures located on exterior property areas shall be kept in good repair, free from health, fire and accident hazards and vermin, insect and rodent harborage.

Exterior property areas shall be so maintained as not to cause a substantial depreciation in property values in the immediate neighborhood.

§ 197-11 Standards for exterior of structure.

The foundation walls of every structure used for human habitation shall be maintained in good repair and be structurally sound.

The stairs, porches and railings affixed to the exterior of every structure used for human habitation shall be kept in good repair and structurally sound. Railings shall be provided for stairs and balconies and, where necessary, for porches and accessible roofs.

Every structure used for human habitation shall be so maintained that it will be weather- and raintight.

Every structure used for human habitation shall be free of loose overhanging objects.

The exterior of every structure used for human habitation shall be so maintained as to be vermin- and rodent-free.

Every window, door and other opening to outdoor space in the exterior of every structure used for human habitation shall be effectively protected against the entrance of insects.

§ 197-12 Standards for interior of structure.

Free from dampness. Cellars, basements and crawl spaces in every structure used for human habitation shall be reasonably free from dampness to prevent conditions conducive to decay or deterioration of the structure.

Structural members. Supporting structural members of every structure used for human habitation shall be structurally sound.

Chimneys, flues and vents. Chimneys and all flue and vent attachments thereto of every structure used for human habitation and all other flues and vents shall be structurally sound and free from defects, performing the function for which they were designed and are used.

Stairs and railings. Interior stairs of every structure used for human habitation shall be structurally sound and free from defects. Railings shall be provided for stairs, balconies, landings and stairwells.

Floors, walls and ceilings. Floors, walls and ceilings of every structure used for human habitation shall be structurally sound and maintained in a clean and sanitary condition.

Bathroom floors. Bathroom, shower room and toilet room or compartment floors of every structure used for human habitation shall be water-resistant.

Free from rubbish and garbage. The interior of every structure used for human habitation shall be maintained free from rubbish and garbage that might become a health, accident or fire hazard.

Insect and rodent harborage. The interior of every structure used for human habitation shall be free from insect, rodent and vermin infestation.

§ 197-13 Basic facilities and services to be provided.

Potable water supply. Every dwelling unit and rooming house shall be supplied with a potable water supply. There shall be adequate water and pressure at all installed hot and cold water outlets.

Hot water. Every dwelling, dwelling unit and rooming house shall have an adequate supply of hot water, properly connected to plumbing fixtures requiring hot water.

Plumbing fixtures required. Every dwelling and dwelling unit shall have the following plumbing fixtures: kitchen sink, toilet, bathtub or shower and lavatory. Kitchen sinks, bathtubs, showers and lavatories shall be properly connected to both hot and cold water lines.

Required plumbing fixtures in rooming house. In every rooming house, the following minimum plumbing fixtures are required for each multiple of three sleeping rooms or fraction thereof: toilet, bathtub or shower and lavatory. Bathtubs, showers and lavatories shall be properly connected to both hot and cold water lines. All fixtures shall be so located as to be accessible to the occupant of each rooming unit sharing the use of such facilities without going through a dwelling unit or rooming unit of another occupant. Where sleeping accommodations are arranged as a dormitory, the same plumbing fixtures are required for each multiple of 10 persons or fraction thereof. Where toilet rooms are provided for the exclusive use of males, urinals may be substituted for not more than one-third (1/3) of the required number of toilets.

Plumbing fixtures connected to sewer lines. All plumbing fixtures installed within a structure used for human habitation shall be connected to sewer lines that discharge into a public sewage system or other approved means of disposal.

Privies not permitted. No privy shall be constructed or continued in operation without the written approval of responsible local authorities.

Heating facilities. Every dwelling, dwelling unit, rooming house and rooming unit occupied shall comply with the requirements of Article 10, New York State Uniform Fire Prevention and Building Code, and Westchester County Health Department regulations.

Electric service. Every dwelling, dwelling unit, rooming house and rooming unit shall be provided with electric service.

Cooking facilities. Every dwelling unit shall be provided with installed cooking facilities or utility connections for such facilities.

Refrigerated space. In every dwelling unit where perishable foods are kept, refrigerated space for their storage or appropriate utility connections shall be provided.

Means of egress. Every dwelling unit and rooming unit shall have safe and unobstructed means of egress from the structure.

§ 197-14 Maintenance of plumbing, heating and electrical facilities.

Maintenance of plumbing fixtures. Every water line, plumbing fixture and drain located in a structure used for human habitation shall be properly installed, connected and maintained and capable of performing the function for which it was designed.

Maintenance of plumbing systems. Every stack, waste and sewer line located in a structure used for human habitation and every connecting sewer line shall be so installed and maintained as to function properly and not be a source of structural deterioration or a health hazard.

Installation of heating equipment.

(1)

Every heating, cooking and water-heating device located in a structure used for human habitation shall be properly installed, connected and capable of performing the function for which it was designed.

(2)

All heating, cooking and water-heating equipment burning solid fuels shall be rigidly connected to a chimney or flue, and such heating equipment burning liquid or gaseous fuels shall be rigidly connected to a supply line and, where required, to a chimney, flue or vent.

Maintenance and operation of heating equipment. Every heating, cooking and water-heating device located in a structure used for human habitation shall be so maintained and operated as to be free from fire, health and accident hazards.

Storage of fuels. All fuels stored on the premises for the operation of heat-producing equipment shall be stored in a safe manner.

Maintenance of electric wiring and devices.

(1)

Electric wiring and devices located in a structure used for human habitation shall be so designed, installed and maintained as not to be a potential source of ignition of combustible material or an electric hazard.

(2)

The rating or setting of overcurrent devices shall not be in excess of the carrying capacity of the circuit conductor.

§ 197-15 Space required for occupancy.

Requirements for dwelling units, other than one-room studio apartments. Except as otherwise set out in this § 197-15, every dwelling unit shall have a kitchen or kitchenette and a bathroom and shall, in addition to the gross floor area contained within those rooms, have not less than 300 square feet of gross floor area of habitable space for one occupant and 200 additional square feet of habitable space for each additional occupant.

One-room studio apartments. Every dwelling unit which is occupied by two or more occupants and which contains a room not intended primarily for cooking or sleeping, but which is properly designed and equipped or especially furnished with either a kitchenette and bed furniture properly designed for daytime storage or other daytime uses, to be maintained as a combination of regular living and efficiency sleeping, may contain 100 square feet less gross floor area of habitable space than that required in Subsection A above.

Required space in sleeping rooms. In every dwelling unit, every room occupied for sleeping purposes by one occupant shall have a minimum gross floor area of at least 80 square feet. Every room occupied for sleeping purposes by more than one occupant shall have a minimum gross floor area of 50 square feet per occupant thereof. In the case of children under six years of age, the requirement shall be 40 square feet per child for two or more children. Every room used for sleeping purposes shall have a minimum horizontal dimension of seven feet. Kitchens shall not be used for sleeping purposes.

Required space in rooming units. Rooms let to one or more persons shall contain a minimum gross floor area for sleeping purposes of 90 square feet for a single occupant, and every such room occupied by more than one occupant shall contain a minimum gross floor area of 70 square feet per occupant thereof.

Basement dwelling units. Dwelling units and rooming units located in a basement shall meet all the requirements of this Code, and the floors and outside walls shall be dampproof.

Sleeping space in cellars. No space in any cellar shall be used for sleeping purposes.

§ 197-16 Light and ventilation.

Natural light in habitable rooms. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum aggregate area available for unobstructed light shall be not less than 8% of the floor area of such rooms.

Light in nonhabitable space. Every stair, hall, cellar and basement located in a structure used for human habitation shall have either adequate natural or artificial lighting available at all times.

Light in nonhabitable work space. Every laundry, furnace room and all similar nonhabitable work space located in a structure used for human habitation shall have either adequate natural or artificial lighting available at all times.

Light in public halls and stairways. Every public hall and common stairway located in a structure used for human habitation and which is used primarily for ingress and egress in connection with two or more dwelling units or rooming units shall be supplied with a proper amount of natural light or lighting facilities controllable by the occupants of the structure and available at all times.

Electric outlets. Every habitable room shall have electric outlets properly connected to a source of electric power as required in § 197-13I.

Electric fixtures in bathrooms. Every bathroom, shower room, toilet room or compartment located in a structure used for human habitation shall have permanently installed artificial lighting fixtures.

Ventilation inhabitable rooms. Every habitable room shall be ventilated by either openable areas equal to 50% of the required window area or by equivalent mechanical ventilation or 4% of floor area.

Ventilation in bathrooms. Every bathroom, shower room, toilet room or compartment located in a structure used for human habitation shall be adequately ventilated.

§ 197-17 Responsibilities of owners and occupants.

Maintenance of private space. Every occupant of a dwelling or a dwelling unit shall keep in clean and sanitary condition that part of the dwelling, dwelling unit or premises thereof which he occupies or controls.

Maintenance of plumbing equipment. Every occupant of a dwelling or dwelling unit shall be responsible for the exercise of proper care and cleanliness in the use and operation of all plumbing fixtures, sanitary facilities, appliances and equipment therein.

Waste disposal. Every occupant of a dwelling or dwelling unit shall dispose of rubbish, garbage and other matter, as provided in §§ 197-10B and 197-12G. In a dwelling containing three or more dwelling units, adequate rubbish and garbage containers shall be supplied by the owner.

Extermination. Every occupant of a single dwelling unit shall be responsible for the extermination of any rodents, vermin or other pests therein or on the premises. Every occupant of the dwelling unit in a building containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested, except that whenever such infestation is caused by the failure of the owner to carry out the provisions of this law, as cited in §§ 197-10F, 197-11F and 197-12H, extermination shall be the responsibility of the owner. When two or more dwelling units within a building are so infested, it shall be the responsibility of the owner to carry out the provisions of this law within such building, as cited above with respect to extermination.

Maintenance of public space. Every owner of a building containing three or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.

Supplied facilities. Every owner of a dwelling, dwelling unit, rooming house and rooming unit shall be responsible for keeping supplied facilities in proper operating condition.

Supplied heat. Every owner or operator of a building who permits to be occupied any dwelling unit or rooming unit therein, under an agreement expressed or implied, shall supply or furnish heat to the occupants thereof in accordance with the requirements of the County Health Code and applicable state law. The provisions of this subsection shall not apply where the failure to maintain minimum requirements is caused by a general area-wide shortage of fuel, negligent or malicious act of the occupant, necessary repairs or alterations or any cause beyond the control of the owner or occupant.

Discontinuance of utilities. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required to be supplied by the provisions of this Code to be removed from or shut off from or discontinued for any occupied dwelling unit, except for necessary repairs, alterations or emergencies.

Occupancy of vacant units. No person shall occupy as owner-occupant or permit to be occupied by another any vacant dwelling or dwelling unit, unless or until it is in good repair, clean, sanitary, in habitable condition and in full compliance with all the provisions of the Code and the rules and regulations adopted pursuant thereto.