This chapter shall be known as "Housing Standards Applicable
to Residential Premises."
The purpose of this chapter 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 occupants and users thereof.
This chapter shall apply to residential premises as follows:
A.
The provisions of this chapter shall supersede local laws, ordinances,
codes or regulations to the extent that such laws, ordinances, codes
or regulations are inconsistent with the provisions of this chapter,
provided that nothing herein contained shall be construed to prevent
the adoption and enforcement of a law, ordinance, code or regulation
which is more restrictive or establishes higher standards than those
provided in this chapter, and such more restrictive requirement or
higher standard shall govern during the period in which it is in effect.
B.
Where a provision of this chapter is found to be in conflict with
a provision of a zoning, building, electrical, plumbing, fire, safety,
health, water supply or sewage disposal law or ordinance, or regulation
adopted pursuant thereto, or other local law, ordinance, code or regulation,
the provision or requirement which is the more restrictive or which
establishes the higher standard shall prevail.
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 and 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 persons
and property.
As used in this chapter, the following terms shall have the
meanings indicated:
A structure, the use of which is incidental to that of the
main building, and which is attached thereto, or is located on the
same premises.
[Amended 6-21-1999 by L.L. No. 5-1999]
A use, occupancy or tenancy customarily incidental to the
principal use or occupancy of a building. In a multiple dwelling,
such accessory uses may include, among others, the following: offices
for the building management; dining rooms, banquet rooms, public kitchens
and ballrooms; recreation and play rooms; laundries for the use of
tenants and occupants, and in connection with the management and operation
of the multiple dwelling; maintenance and work shops, storage rooms
for linen, bedding, furniture, supplies and tenants' equipment
and effects; rooms or space for the incidental sale or display of
merchandise to occupants and tenants, such as newspaper, candy and
cigar stands; and garages within the multiple dwelling or on the premises
thereof used primarily for the storage of passenger-type motor vehicles.
[Amended 6-21-1999 by L.L. No. 5-1999][1]
That space of a building that is partially 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.
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."
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.
That space of a building that is partially or entirely below
grade, which has more than half its height, measured from floor to
ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
A building arranged for one dwelling unit.
[Amended 6-21-1999 by L.L. No. 5-1999]
A building arranged for two dwelling units.
[Amended 6-21-1999 by L.L. No. 5-1999]
A way of departure from the interior of a building or structure
to the exterior at street or grade level, including doorways, passageways,
hallways, corridors, stairways, ramps, fire escapes, fire stairs and
all other elements necessary for egress or escape.
[Amended 6-21-1999 by L.L. No. 5-1999]
A household constituting a single housekeeping unit occupied
by one or more persons.
A specification, code, rule, guide or procedure in the field
of construction or related thereto, recognized and accepted as authoritative.
The natural surface of the ground, or the surface of the
ground after completion of any change in contour, abutting a building
or premises.
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."
The presence, within or contiguous to a dwelling, dwelling
unit, lodging house, lodging unit or premises, of insects, rodents,
vermin or other pests.
Space, 60 square feet or more in floor area, with a minimum
width of five feet, used for cooking or preparation of food.
Space, less than 60 square feet in floor area, used for cooking
or preparation of food.
A multiple dwelling used primarily for the purpose of furnishing
lodging, with or without meals, for compensation.
A room or group of rooms forming a single habitable unit
used or intended to be used for lodging.
Occupancy of a building in part for residential use and in
part for some other use not accessory thereto.
[Amended 6-21-1999 by L.L. No. 5-1999]
A building containing three or more dwelling units.
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.
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.
A building with sleeping accommodations for more than five persons,
used or occupied as a club, dormitory, fraternity or sorority house
or for similar uses.
A building used or occupied as a convalescent, old-age or nursing
home, but not including private or public hospitals or public institutions.
See definition of "multiple dwelling."
The Village of Monticello.
Space used as kitchenettes, pantries, bath, toilet, laundry,
rest, dressing, locker, storage, utility, heater and boiler rooms,
closets and other spaces for service and maintenance of the building,
and those spaces used for access and vertical travel between stories.
See definitions of "habitable space," "public space" and "exit."
The water supply system, the drainage system, the vent system,
fixtures and traps, including their respective connections, devices
and appurtenances within the property lines of the premises.
Water which is approved for drinking, culinary and domestic
purposes.
Space within a residential building for public use, such
as lobbies, lounges, reception, ball, meeting, lecture and recreation
rooms, banquet and dining rooms and their kitchens, and swimming pools.
Liquid waste containing animal or vegetable matter in suspension
or solution and which may include industrial wastes and liquids containing
chemicals.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
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."
Supply and removal of air to and from a space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks with or without wind-driven devices.
[1]
Editor's Note: The original definition of "approved,"
which immediately followed this definition, was repealed 6-21-1999
by L.L. No. 5-1999.
