This Part 1 shall be known as "Housing Standards
Applicable to Residential Premises."
The purpose of this Part 1 is to provide basic
and uniform standards, in terms of performance objectives implemented
by specific requirements, governing the condition, occupancy and maintenance
of residential premises and establishing reasonable safeguards for
the safety, health and welfare of the occupants and users thereof.
This Part 1 shall apply to residential premises
as follows:
A. Lots, plots or parcels of land on which residential
buildings, buildings of mixed occupancy or accessory structures are
located.
B. Residential buildings, including one- and two-family dwellings and multiple dwellings, except as specifically excluded in §
93-4.
C. Residential occupancies in buildings of mixed occupancy.
D. Accessory structures, accessory to residential occupancies.
[Amended 5-22-2012 by L.L. No. 2-2012]
This Part 1 shall not apply to manufactured
homes and manufactured home courts nor to transient-type occupancies
and uses, including but not limited to nursing and convalescent homes,
hotels, motels, tourist camps, farm labor camps, travel trailers and
trailer parks and other forms of temporary housing.
[Amended 6-14-1988 by L.L. No. 1-1988]
Installations, alterations and repairs to residential
premises and materials, assemblies and equipment utilized in connection
therewith shall be reasonably safe to persons and property and in
conformity with applicable statutes of the State of New York and orders,
rules and regulations issued by authority thereof. Conformity of such
work, materials, assemblies or equipment with the applicable requirements
of the New York State Uniform Fire Prevention and Building Code shall
be prima facie evidence that the same is reasonably safe to person
and property.
As used in this Part 1, the following terms
shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the
residential building and which is located on the same premises.
ACCESSORY USE
A use, occupancy or tenancy customarily incidental to the
principal use or occupancy of a residential building. Such "accessory
uses" may include, among others, the following:
A.
Offices for the building management.
B.
Dining rooms, banquet rooms, public kitchens
and ballrooms.
C.
Recreation and play rooms.
D.
Laundries for the use of tenants and occupants
and in connection with the management and operation of a residential
building.
E.
Maintenance and work shops, storage rooms for
linen, bedding, furniture, supplies and tenants' equipment and effects.
F.
Rooms or space for the incidental sale or display
of merchandise to occupants and tenants, such as newspaper, candy
and cigar stands.
G.
Garages within a residential building or on
the premises thereof used primarily for the storage of passenger-type
vehicles.
APPROVED
Approved by the administrative officer under the regulations
of this Part 1 or approved by an authority designated by law or this
Part 1.
BASEMENT
That space of a building that is partly below grade which
has more than half its height, measured from floor to ceiling, above
the average established curb level or finished grade of the ground
adjoining the building.
BATHROOM
Enclosed space containing one or more bathtubs or showers,
or both, and which may also contain water closets, lavatories or fixtures
serving similar purposes. See definition of "toilet room."
BUILDING
A structure wholly or partially enclosed within exterior
walls or within exterior or party walls and a roof affording shelter
to persons, animals or property.
CELLAR
That space of a building that is partly or entirely below
grade which has more than half of its height, measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
DWELLING, ONE-FAMILY
A building containing not more than one dwelling unit occupied
exclusively for residential purposes.
DWELLING, TWO-FAMILY
A building containing not more than two dwelling units occupied
exclusively for residential purposes.
DWELLING UNIT
One or more rooms with provisions for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
EXIT
A way of departure from the interior of a building or structure
to the exterior at the street or grade, including doorways, passageways,
hallways, corridors, stairways, ramps, fire escapes and all other
elements necessary for egress or escape.
FAMILY
Any number of individuals related by blood, marriage or adoption
or not more than four persons who are not related living together
as a single housekeeping unit, using rooms and housekeeping facilities
in common and having such meals as they may eat at home generally
prepared and eaten together.
[Amended 6-14-1988 by L.L. No. 1-1988]
GENERALLY ACCEPTED STANDARD
A specification, code, rule, guide or procedure in the field
of construction, or related thereto, recognized and accepted as authoritative.
GRADE, FINISHED
Natural surface of the ground, or surface of the ground after
completion of any change in contour, abutting a building or premises.
HABITABLE SPACE
Space occupied by one or more persons for living, sleeping,
eating or cooking. Kitchenettes shall not be deemed to be "habitable
space." See definitions of "nonhabitable space," "public space" and
"exit."
INFESTATION
The presence, within or contiguous to a dwelling, dwelling
unit, lodging house, lodging unit or premises, of insects, rodents,
vermin or other pests.
KITCHEN
Space, 60 square feet or more in floor area, with a minimum
width of five feet, used for cooking or preparation of food.
KITCHENETTE
Space, less than 60 square feet in floor area, used for cooking
or preparation of food.
LODGING HOUSE
A multiple dwelling used primarily for the purpose of furnishing
lodging, with or without meals, for compensation.
LODGING UNIT
A room or group of rooms forming a single habitable unit,
used or intended to be used for lodging.
MIXED OCCUPANCY
Occupancy of a building in part for residential use and in
part for some other use not accessory thereto.
MULIPLE DWELLING
A.
A building containing three or more dwelling
units.
B.
A building containing living, sanitary and sleeping
facilities occupied by one or two families and more than four lodgers
residing with either one of such families.
C.
A building with one or more sleeping rooms,
other than a one- or two-family dwelling, used or occupied by permanent
or transient paying guests or tenants.
D.
A building with sleeping accommodations for
more than five persons used or occupied as a clubhouse, dormitory
or fraternity or sorority house, or for similar uses.
E.
A building used or occupied as a convalescent,
old-age or nursing home, but not including private or public hospitals
or public institutions.
F.
See §
93-4 for certain multiple dwellings not within the scope of this Part
1.
MUNICIPALITY
The Village of Waverly.
[Amended 6-14-1988 by L.L. No. 1-1988]
NONHABITABLE SPACE
Space used as kitchenettes, pantries, bathrooms and toilet,
laundry, rest, dressing, locker, storage, utility, heater and boiler
rooms, closets and other spaces for service and maintenance of the
building and those spaces used for access and vertical travel between
stories. See definitions of "habitable space," "public space" and
"exit."
PLUMBING SYSTEM
The water supply system, the drainage system, the vent system
and fixtures and traps, including their respective connections, devices
and appurtenances within the property lines of the premises.
POTABLE WATER
Water which is approved for drinking, culinary and domestic
purposes.
PUBLIC SPACE
Space within a residential building for public use, such
as lobbies, lounges, reception rooms, ballrooms, meeting rooms, lecture
rooms and recreation rooms, banquet and dining rooms and their kitchens
and swimming pools.
SEWAGE
Liquid waste containing animal or vegetable matter in suspension
or solution, which may include industrial wastes and liquids containing
chemicals.
STRUCTURE
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
TOILET ROOM
Enclosed space, containing one or more water closets, which
may also contain one or more lavatories, urinals and other plumbing
fixtures. See definition of "bathroom."
VENTILATION
Supply and removal of air to and from a space by natural
or mechanical means.
VENTILATION, NATURAL
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks, with or without wind-driven devices.