This Part 1 shall be known and referred to as
"Housing Standards for Residential Premises."
This Part 1 provides basic and uniform standards,
in terms of performance objectives implemented by specific requirements,
governing the facilities and the condition, use, occupancy and maintenance
of residential premises to safeguard the safety, health and welfare
of the occupants and users thereof.
This Part 1 shall apply to existing and to future
residential premises, as follows:
A.Â
Lots, plots or parcels of land which are vacant and
which are located in districts zoned for residential use.
B.Â
Lots, plots or parcels of land on which buildings
devoted to residential use or occupancy, mixed occupancy buildings
or accessory structures are located.
C.Â
Buildings devoted to residential use or occupancy,
including one- and two-family dwellings and multiple dwellings, mixed
occupancy buildings and accessory structures.
A.Â
This Part 1 shall not apply to mobile housing premises
or migrant housing premises or to nursing, convalescent and old-age
homes, or similar institutional occupancies.
B.Â
This Part 1 shall not apply to fallout shelters constructed
or installed to provide safety and security to occupants in accordance
with specifications and standards contained in regulations or orders
issued by the New York State Civil Defense Commission or other analogous
or successor body.
The provisions of this Part 1 shall supplement
state and local laws, ordinances, codes or regulations. Where a provision
of this Part 1 is found to be in conflict with a provision of a state
or local law, ordinance, code or regulation, the more restrictive
provision shall prevail when legally permissible.
Installations, alterations and repairs to residential
premises, which are required to correct violations of the provisions
of this Part 1, and materials, assemblies and equipment utilized in
connection therewith, shall be safe to persons and property. Conformity
of such work, materials, assemblies or equipment with applicable requirements
of the New York State Uniform Fire Prevention and Building Code and
generally accepted standards shall satisfy this requirement.
A.Â
General word usage.
(1)Â
Abbreviations, terms, phrases, words and their derivatives used in this Part 1 shall have the meanings stated in this section. Terms and words not defined shall have their ordinarily accepted meanings or such as the context may imply.
(2)Â
Words used in the singular include the plural, and
the plural include the singular. Words used in the masculine gender
include the feminine and neuter genders.
(3)Â
"Shall" as used in this Part 1 is always to be construed
as mandatory.
B.Â
Abbreviations. The following abbreviations as used
throughout this Part 1 shall have the following meanings:
|
Btu
|
British thermal unit
| |
|
C.
|
Centigrade
| |
|
cfm
|
Cubic feet per minute
| |
|
F.
|
Fahrenheit
| |
|
ft
|
Foot or feet
| |
|
gal
|
Gallon or gallons
| |
|
gpm
|
Gallons per minute
| |
|
in.
|
Inch or inches
| |
|
psf
|
Pounds per square foot
| |
|
psi
|
Pounds per square inch
|
C.Â
ACCESSORY STRUCTURE
ACCESSORY USE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
AMPACITY
APARTMENT
APARTMENT HOTEL
APARTMENT HOUSE
APPROVED
BASEMENT
BATHROOM
BOARDINGHOUSE
BOATEL
BUILDING
CELLAR
CENTRAL DINING ROOM
CENTRAL KITCHEN
CLUB
COMBUSTIBLE
COMMUNAL DINING ROOM
COMMUNAL KITCHEN
CONTAINER
CONVALESCENT HOME
DORMITORY
DORMITORY UNIT
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EXIT
FALLOUT SHELTER
FAMILY
[1]
FIRE-RESISTANCE RATING
FLAME-RESISTANT MATERIAL
FLAME-SPREAD RATING
FRATERNITY HOUSE
GENERALLY ACCEPTED STANDARD
GRADE
(1)Â
(2)Â
GROUND COVER
(1)Â
(2)Â
HABITABLE SPACE
HOTEL
HOTEL UNIT
INFESTATION
INTERIOR FINISH
INTERIOR TRIM
KITCHEN
KITCHENETTE
LODGING HOUSE
LODGING UNIT
MIGRANT
MIGRANT HOUSING PREMISES
MIXED OCCUPANCY BUILDING
MOBILE HOUSING PREMISES
MOTEL
MULTIPLE DWELLING
(1)Â
(a)Â
(b)Â
(c)Â
(2)Â
MUNICIPALITY
NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE
NONCOMBUSTIBLE
NONHABITABLE SPACE
NURSING HOME
OCCUPANT
OLD-AGE HOME
OWNER
PLUMBING SYSTEM
POTABLE WATER
PROPERTY
PUBLIC SPACE
RESIDENTIAL PREMISES
ROOMING HOUSE
SEWAGE
SHOWER ROOM
SORORITY HOUSE
STORY
STRUCTURE
SUPERINTENDENT
TOILET ROOM
VENTILATION
(1)Â
(2)Â
Definitions. As used in this Part 1, the following
terms shall have the meanings indicated:
A structure used or occupied as an adjunct of, or in conjunction
with, the use or occupancy of premises, or building or buildings thereon,
and which is located on the premises or adjacent thereto.
A use or occupancy of premises in conjunction with, or for
the service of, the residential use. Such accessory use may be located
within a residential building or on the same or adjoining premises
and may include, but not be limited to:
Offices for the building management.
Public dining rooms, banquet rooms, public kitchens
and ballrooms.
Recreation and play rooms.
Laundries for the use of occupants, provided
by or in connection with the management and operation of a residential
building.
Maintenance and workshops, storage rooms for
linen, bedding, furniture, supplies and occupants' equipment and effects.
Stores, rooms or space for the sale or display
of merchandise.
Garages used for the storage of motor vehicles.
Current-carrying capacity expressed in amperes.
A dwelling unit in a multiple dwelling or mixed occupancy
building.
A building containing primarily apartments rented, either
furnished or unfurnished, with maid, telephone, desk, linen or other
services provided to the occupants. See "hotel," "multiple dwelling."
A building containing primarily apartments. See "apartment
hotel," "multiple dwelling."
Adjudged satisfactory by the administrative officer pursuant
to the regulations of this Part 1, by an authority designated by law
or this Part 1 or, when used in connection with materials, appliances,
equipment or devices, by a testing agency recognized under the New
York State Uniform Fire Prevention and Building Code.
That space of a building that is partly below grade, which
has 1/2 or more of its height, measured from floor to ceiling, above
the average finished grade.
An enclosed space containing one or more bathtubs, showers,
or both, and which may also contain water closets, lavatories or fixtures
serving similar purposes. See "toilet room."
See "lodging house."
See "hotel."
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls and a roof. The term "building"
shall be construed as if followed by the phrase "or part thereof,"
unless otherwise indicated by the text.
That space of a building that is partly or entirely below
grade, which has more than 1/2 of its height, measured from floor
to ceiling, below the average finished grade.
A room where meals are furnished or served.
A kitchen serving a central dining room.
See "dormitory."
Material or combination of materials which will ignite and
support combustion when heated at any temperature up to 1,382º
F. (750º C.), during an exposure for five minutes.
A room designed and equipped for eating purposes for occupants.
A kitchen available for common use of occupants.
Any trash receptacle larger than a standard trash can which
shall be stationed on any property for the purpose of depositing refuse;
also known as a "dumpster." Container shall also include such a receptacle
used for the temporary storage of items, such as a POD.
[Added 7-25-2017]
A facility regulated by the state and operated for the purpose
of providing therein lodging, board and bedside care or hygienic attention,
but not including medical or nursing care to sick, infirm, disabled
or convalescent persons.
A building containing dormitory units, lodging units or apartments
for the use of students, employees or guests. See "multiple dwelling."
A room designed to be used for sleeping purposes only, by
four or more occupants.
A building containing only one dwelling unit and occupied
by only one family.
A building containing only two dwelling units and occupied
by only two families.
A complete self-contained residential unit, with living,
sleeping, cooking and sanitary facilities within the unit, for use
by one family.
A way of departure from the interior of a building or structure
to the exterior, at a street, or to a yard, court or passageway leading
to a public open area, including doorways, passageways, hallways,
corridors, stairways, ramps, fire escapes and all other elements necessary
for egress or escape.
A building, structure or other real property, or an area
or portion thereof, constructed, altered or improved to afford protection
against radioactive fallout.
Time in hours, or parts thereof, that a material, construction
or assembly will withstand fire exposure, as determined in a fire
test made in conformity with generally accepted standards, or as determined
by extension or interpretation of information derived therefrom.
Material which is flame-resistant by nature or has been made
flame-resistant in conformity with generally accepted standards.
The measurement of flame spread on the surface of materials
or their assemblies, as determined by tests conducted in conformity
with a generally accepted standard.
See "dormitory."
A specification, code, rule, guide or procedure in the field
of construction, or related thereto, recognized and accepted as authoritative
under the New York State Uniform Fire Prevention and Building Code,
listed and published as of January 1, 1973.
FINISHEDNatural surface of the ground, or surface of ground after completion of any change in contour.
AVERAGE FINISHEDThe average elevation of the finished grade adjoining a building wall. Where two or more building walls are involved, the average shall be computed on the following basis: multiply the length of each building wall by the average elevation along the respective wall and add the products obtained to form a total; divide this total by the sum of the lengths of the building walls.
VEGETATIVELawn, turf or vegetative growth other than weeds, thistles, allergenics, drug derivatives or similar plants.
MECHANICALCrushed stone or other mechanically-applied materials which stabilize ground surface.
Space used for living, sleeping, eating or cooking. Kitchenettes
shall not be deemed to be habitable space. See "nonhabitable space,"
"public space" and "exit."
A building containing primarily hotel units, for the purpose
of furnishing lodging, with or without meals, for transient occupancy;
and with management maintaining a register and providing daily housekeeping
and other incidental services, including desk, telephone or bellboy
services. See "apartment hotel," multiple dwelling."
A room or group of rooms forming a single unit, used or intended
to be used for living and sleeping purposes, with or without sanitary
facilities, and having no cooking facilities. See "dwelling unit."
The presence within a building or structure or on premises
of insects, rodents, vermin or other pests.
Material applied directly to walls or ceilings for acoustical
correction, surface insulation, decorative treatment or similar purposes,
including but not limited to veneer, wainscoting and paneling. Surface
finishes of wallpaper or other materials not more than 1/28 inch thick
having no greater fire hazard than wallpaper shall not be deemed to
be interior finish.
Material, generally not exceeding 12 inches in width, around
openings or on wall or ceiling, including casings, stools, aprons,
baseboards, chair rails, picture molds, cornice moldings and moldings
applied for decoration.
Space, 60 square feet or more in floor area, designed and
equipped for the purpose of cooking and preparation of food. See "central
kitchen," "communal kitchen."
Space, less than 60 square feet in floor area, designed and
equipped for the purpose of cooking and preparation of food.
A building containing primarily lodging units, with or without
meals provided as a condition of occupancy. See "multiple dwelling."
A room or group of rooms forming a single unit, used or intended
to be used for living and sleeping purposes, with or without sanitary
facilities, and having no cooking facilities. See "dwelling unit."
A seasonal laborer who moves from area to area for work purposes
in agriculture, horticulture or food processing.
Property used, or intended to be used, as residential accommodations
and related facilities for migrants.
A building occupied in part for residential use and in part
for some other nonaccessory use. See "multiple dwelling."
Property, including improvements and facilities, designed
to accommodate mobile homes and recreational vehicles, including such
units located thereon.
See "hotel."
Any of the following:
A building designed or occupied for residential
purposes by more than two families;
A series of attached, detached or semidetached
buildings, which are provided as a group collectively with essential
services and utilities, and which are located on a lot, plot or parcel
or land, under common ownership; or
The residential part of a mixed occupancy building.
Regardless of the foregoing, any residential
building, other than a one- or two-family dwelling on a single zoning
lot, shall be deemed to be a multiple dwelling.
The City of Glen Cove in the County of Nassau and State of
New York.
The rules and regulations relating to building construction,
as promulgated by the State Building Code Council, and which collectively
are known as the "New York State Uniform Fire Prevention and Building
Code," as in force and effect on January 1, 1973.
Material or combination of materials which will not ignite
and support combustion when heated at any temperature up to 1,382º
F. (750º C.), during an exposure for five minutes.
Space used for and including, but not limited to, kitchenettes,
pantries, bath, toilet, laundry, rest, dressing, locker, storage,
utility, heater and boiler rooms, and other spaces for service and
maintenance of the building or structure. See "habitable space," "public
space" and "exit."
A facility regulated by the state, providing therein nursing
care to sick, invalid, infirm, disabled or convalescent persons, in
addition to lodging and board.
The person in occupancy or in possession or in control of
premises, or using premises.
A facility regulated by the state, and operated for the purpose
of providing therein care to adult persons who, though not requiring
medical or nursing care, are in such condition by reason of age as
to require, in addition to lodging and board, personal services to
assure their safety and comfort.
The person exercising dominion or control over, or vested
with title in, premises; a proprietor (legal owner, joint owner, part
owner, record owner, equitable owner, reputed owner or their successors
in interest); or the respective agent of any of them.
The water supply system, drainage system, vent system, fixtures
and traps, including their respective connections, devices and appurtenances
within property lines.
Water approved for drinking, culinary and domestic purposes.
Land, including buildings, structures, facilities and improvements,
used, or intended to be used, as residential accommodations or facilities.
Space within a building for public use, such as lobbies,
lounges, reception, ball, meeting, lecture and recreation rooms, banquet
and dining rooms, including appurtenant kitchens, and swimming pools.
Property used, or intended to be used, for dwelling or related
purposes.
See "lodging house."
Liquid waste containing animal or vegetable matter in suspension
or solution, and which may include industrial wastes and liquids containing
chemicals.
See "bathroom."
See "dormitory."
The 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 floor immediately below, it shall be deemed
to be a story. A basement shall be deemed to be a story when its ceiling
is six or more feet 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 and not used for human occupancy.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
Superintendent, whose responsibilities include seven-day,
twenty-four-hour presence on the premises with an emergency telephone
number and designated apartment prominently disclosed; possession
of keys to all rooms; maintenance of lighting, drainage, vents, electrical
systems, plumbing, common areas, heating system, smoke detectors (appliances
where lease so stipulates); basic cleanliness of building; secure
elevator/building; and removal of vagrants and trespassers.
[Added 10-10-1989]
An enclosed space containing one or more water closets, which
may also contain one or more lavatories, urinals and other plumbing
fixtures. See "bathroom."
The supply to and removal of air from a space by natural
or mechanical means:
NATURALVentilation by opening to outer air through windows, skylights, doors, louvers or stacks with or without wind-driven devices.
MECHANICALVentilation by power-driven devices.
