[Added 3-20-2000 by L.L. No. 2-2000]
A. 
Title. These regulations shall be known as the "Property Maintenance Code of the Town of Amherst, New York, hereinafter referred to as "this article."
B. 
Scope. The provisions of this article shall apply to all existing and future residential and nonresidential structures and all premises that contain structures or occupied or unoccupied buildings. The provisions contained herein shall constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises and for administration, enforcement and penalties.
C. 
Intent. This article shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare and to prevent and remedy blighted conditions with respect to all occupied and unoccupied structures, buildings and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health, safety and reasonable condition as required herein.
D. 
Severability. If a section, subsection, sentence, clause or phrase of this article is, for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article.
A. 
General. The provisions of this article shall apply to all matters affecting or relating to structures and premises, as set forth in § 151-47. Where, in a specific case, different sections of this article specify different requirements, the most restrictive shall govern.
B. 
Maintenance. Equipment, systems, devices and safeguards required by this article or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. The requirements of this article are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises.
C. 
Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of NFPA 70 and the Building, Plumbing and Mechanical Codes that are in effect on the date of issuance of any required permit.[1] Nothing in this article shall be construed to cancel, modify or set aside any provision of Chapter 203, Zoning, any local law or any other ordinance, rule or regulation of the Town of Amherst.
[1]
Editor's Note: See Ch. 83, Building Construction Administration.
D. 
Existing remedies. The provisions in this article shall not be construed to abolish or impair existing remedies of the Town of Amherst or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and insanitary.
E. 
Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this article shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions.
F. 
Historic buildings. The provisions of this article shall not be mandatory for existing buildings or structures designated by the federal, state or local jurisdiction as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare.
G. 
Referenced codes and standards. The codes and standards referenced in this article shall be those that are defined in § 151-58 and considered part of the requirements of this article to the prescribed extent of each such reference. Where differences occur between provisions of this article and the referenced standards, the most restrictive provisions shall apply.
H. 
Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing structure or equipment, or for the public safety, health and general welfare, not specifically covered by this article shall be determined by the code official.
A. 
General. The code official shall enforce the provisions of this article.
B. 
Rule-making authority. The code official shall have authority as necessary in the interest of public health, safety and general welfare to adopt and promulgate rules and procedures; to interpret and implement the provisions of this article; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this article or of violating accepted engineering methods involving public safety.
C. 
Inspections. The code official shall make all of the required inspections or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be signed by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
D. 
Right of entry. The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law.
E. 
Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this article.
F. 
Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this article.
G. 
Department records. The code official shall keep official records of all business and activities of the department specified in the provisions of this article. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence, unless otherwise provided for by other regulations.
H. 
Coordination of inspections. Whenever in the enforcement of this article or another code or ordinance the responsibility of more than one code official of the Town of Amherst is involved, it shall be the duty of the code officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector's authority to enforce, the inspector shall report the findings to the code official having jurisdiction.
A. 
Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this article, the code official shall have the authority to grant modifications for individual cases, provided that the code official shall first find that special individual reason makes the strict letter of this article impractical and the modification is in compliance with the intent and purpose of this article and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.
B. 
Alternative materials, methods and equipment. The provisions of this article are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this article, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this article and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this article in quality, strength, effectiveness, fire resistance, durability and safety.
C. 
Required testing. Whenever there is insufficient evidence of compliance with the provisions of this article, or evidence that a material or method does not conform to the requirements of this article, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests as evidence of compliance to be made at no expense to the Town of Amherst.
(1) 
Test methods. Test methods shall be as specified in this article or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall approve the testing procedures.
(2) 
Testing agency. All tests shall be performed by an approved agency.
(3) 
Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records.
D. 
Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements have been reconditioned and tested when necessary, placed in good and proper working condition and approved.
A. 
Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this article.
B. 
Notice of violation. The code official shall serve a notice of violation or order in accordance with § 151-53.
C. 
Prosecution of violation. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this article or of the order or direction made pursuant thereto.
D. 
Violation penalties. Any person who shall violate a provision of this article or fail to comply therewith or with any of the requirements thereof shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Any person, occupant, operator or owner who violates any provision of this article or any regulation contained herein is guilty of an offense punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both.
E. 
Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the code official of the Town of Amherst from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. If the owner of a premises fails to comply with an abatement or correction order within the time prescribed, the code official shall cause the violation to be corrected or abated, either through an available public agency or by contract or arrangement with private persons, and the cost of such correction or abatement shall be charged against the real estate upon which the violation is located and shall be a lien upon such real estate. The assessment of costs shall be administered in accordance with the procedures set forth in Article V of this chapter.
A. 
Notice to owner or to person or persons responsible. Whenever the code official determines that there has been a violation of this article or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed in Subsections B and C. Notices for condemnation procedures shall also comply with § 151-54C.
B. 
Form. Such notice prescribed in Subsection A shall:
(1) 
Be in writing;
(2) 
Include a description of the real estate sufficient for identification;
(3) 
Include a statement of the violation or violations and why the notice is being issued; and
(4) 
Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this article.
C. 
Method of service. Such notice shall be deemed to be properly served if a copy thereof is:
(1) 
Delivered personally;
(2) 
Sent by certified or first-class mail addressed to the last known address; or
(3) 
If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
D. 
Penalties. Penalties for noncompliance with orders and notices shall be as set forth in § 151-52D.
E. 
Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
A. 
General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful as defined in Subsection A(4), such structure shall be condemned pursuant to the provisions of this article.
(1) 
Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is possible.
(2) 
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
(3) 
Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin- or rat-infested, contains filth and contamination or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this article, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
(4) 
Unlawful structure. An unlawful structure is one found in whole or in part to be occupied, used or maintained or was erected or altered contrary to law.
B. 
Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed through any available public agency or by contract or arrangement by private persons, and the cost thereof shall be charged against the real property upon which the structure is located and shall be a lien upon such real property. The assessment of costs shall be administered in accordance with the procedures set forth in Article V of this chapter.
C. 
Notice. Whenever the code official has condemned a structure or equipment under the provisions of this subsection, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with § 151-53C. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in § 151-53B.
D. 
Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word or words "condemned," "unsafe" or "restricted use," as deemed appropriate by the code official, and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
E. 
Prohibited occupancy. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this article.
F. 
Removal of placard. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this article.
A. 
Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This structure is unsafe and its occupancy has been prohibited by the code official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
B. 
Temporary safeguards. Notwithstanding other provisions of this article, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding-up of openings, to render such structure temporarily safe, whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.
C. 
Closing streets. When necessary for the public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
D. 
Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
E. 
Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the Town of Amherst. The code official of the Town of Amherst shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. The assessment of costs shall be administered in accordance with the procedures set forth in Article V of this chapter.
F. 
Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Town Board, be afforded a hearing as described in this article.
A. 
General. The code official shall order the owner of any premises upon which is located any structure, which in the code official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure.
B. 
Notices and orders. All notices and orders shall comply with § 151-53.
C. 
Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real property upon which the structure is located and shall be a lien upon such real property. The assessment of costs shall be administered in accordance with the procedures set forth in Article V of this chapter.
D. 
Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
A. 
General.
(1) 
Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this article, have the meanings shown in this section.
(2) 
Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.
(3) 
Terms defined in other codes. Where terms are not defined in this article and are defined in the Building, Fire Prevention, Zoning, Electrical, Plumbing or Mechanical Codes,[1] ASME A17.1 and NFPA 70, such terms shall have the meanings ascribed to them as in those codes.
[1]
Editor's Note: See Ch. 83, Building Construction Administration.
(4) 
Terms not defined. Where terms are not defined, through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
(5) 
Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit" or "story" are stated in this article, they shall be construed as though they were followed by the words "or any part thereof."
B. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
APPROVED
Approved by the code official.
AREA OF PUBLIC ASSEMBLY
Includes a building or a portion of a building used for the gathering together of 50 or more persons for amusement, athletic, civic, dining, educational, patriotic, political, recreational, religious, social or similar purposes, the entire area of which it is a part, and the means of egress therefrom.
ASME A17.1
The Safety Code for Elevators and Escalators, as referenced in the Building Code.
ASSEMBLY SPACE
A room or space whose primary use is classified as Group C5 occupancy (as defined in the Building Code), regardless of the number of persons.
BASEMENT
That space of a building that is partly below grade which has more than 1/2 of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building.
BATHROOM
A room containing plumbing fixtures, including a bathtub or shower.
BEDROOM
Any room or space used or intended to be used for sleeping purposes.
BUILDING CODE
The approved Building, Mechanical, Electrical, Plumbing and Fire Prevention Codes as designated in Chapter 83 of the Code of the Town of Amherst.
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 finished grade of the ground adjoining the building.
CHAPTER 83 OF THE CODE OF THE TOWN OF AMHERST
Local Law No. 3-1977 (as amended) of the Town of Amherst. This local law is also known as the "Building Construction Administration Code."[2]
CODE OFFICIAL
The Commissioner of Building of the Town of Amherst. In accordance with Chapter 83, Building Construction Administration, of the Code of the Town of Amherst, the Commissioner of Building shall be assisted by the Assistant Commissioner of Building and other code enforcement personnel assigned to the Building Department.
CONDEMN
To adjudge unfit for occupancy or use.
DWELLING UNIT
One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family.
ELECTRICAL CODE
The electrical code as designated in Chapter 83 of the Code of the Town of Amherst.
EXTERIOR PROPERTY
The open space on the premises and on adjoining property under the control of owners or operators of such premises.
EXTERMINATION
The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.
FAMILY
Any number of individuals living together as a single housekeeping unit who are related by blood, marriage or adoption or although not related by blood, marriage or adoption, whose living arrangements are the functional equivalent of a traditional family.
FIRE PREVENTION CODE
The approved fire prevention codes as designated in Chapter 83 of the Code of the Town of Amherst.
GARBAGE
The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
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, bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas shall not be deemed to be habitable space.
IMMINENT HAZARD
A condition which could cause serious or life-threatening injury or death at any time.
INFESTATION
The presence, within or contiguous to a structure or premises, of insects, rats, vermin or other pests.
LABELED
Devices, equipment, appliances or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards.
LET FOR OCCUPANCY or LET
To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
MECHANICAL CODE
The approved Mechanical Code as designated in Chapter 83 of the Code of the Town of Amherst.
NFPA 70
The National Electrical Code (NEC) as referenced in the Building and Electrical Codes.
NONHABITABLE SPACE
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.
OCCUPANCY
The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT
Any individual living or sleeping in a building or having possession of a space within a building.
OCCUPIED SPACE
Space within a building wherein persons normally work or remain for a period of time.
OPENABLE AREA
That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR
Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OWNER
Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON
An individual, corporation, partnership or any other group acting as a unit.
PLUMBING CODE
The approved Plumbing Code as designated in Chapter 83 of the Code of the Town of Amherst.
PREMISES
A lot, plot or parcel of land, including any structures thereon.
ROOMING HOUSE
A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
RUBBISH
Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
STRUCTURE
That which is built or constructed or a portion thereof or an assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings.
TENANT
A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
TOILET ROOM
A room containing a water closet or urinal but not a bathtub or shower.
TOWN ATTORNEY
The Town Attorney of the Town of Amherst.
TOWN BOARD
The Town Board of the Town of Amherst.
TOWN OF AMHERST
The Town of Amherst, New York.
VENTILATION
The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
WORKMANLIKE
Executed in a skilled manner, e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
YARD
An open space on the same lot with a structure.
ZONING ORDINANCE
Chapter 203 of the Code of the Town of Amherst, as amended.
[Amended 5-1-2006 by L.L. No. 6-2006]
[2]
Editor's Note: L.L. No. 3-1977 was repealed 1-20-2009 by L.L. No. 1-2009, the provisions of which are included in Ch. 83, Building Construction Administration.
A. 
Scope. The provisions of §§ 151-59 through 151-64 shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
B. 
Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in §§ 151-63 and 151-64. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this article. Occupants of a dwelling unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises which they occupy and control.
C. 
Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
A. 
Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
B. 
Grading and drainage. Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent ponding. Exception: approved retention areas, reservoirs, lakes, ponds and creeks.
C. 
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. Stairs shall comply with the requirements of §§ 151-61J and 151-84I.
D. 
Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches [254 millimeters (mm)]. All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens. Exceptions:
(1) 
Farmland, vacant lots containing no structures, undeveloped portions of land zoned SA or NCD-MOS, designated open space areas, wetlands, conservation easement areas and any other area intended to be maintained in a natural state.
(2) 
Rights-of-way, lands or highway easements owned by another municipal corporation or political subdivision of the state.
E. 
Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
F. 
Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
G. 
Accessory structures.
(1) 
All accessory structures, including detached garages, sheds, fences and walls, shall be maintained structurally sound and in good repair.
(2) 
Gates which are required to be self-closing and self-latching in accordance with the Building Code shall be maintained in proper working condition.
H. 
(Reserved)
I. 
Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
J. 
Yards, courts and vacant lots. Yards, courts and vacant lots shall be kept clean and free of hazards.
K. 
Ground cover. Ground cover shall be properly established to prevent undue soil erosion due to the elements. When vehicles are parked on lawns, all ruts and other damage caused by vehicular traffic shall be promptly filled and ground cover shall be reestablished and maintained.
A. 
General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
B. 
Protective treatment. All exterior surfaces, including but not limited to doors, door and window frames, cornices, porches and trim, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors and skylights shall be maintained weather-resistant and watertight.
C. 
(Reserved)
D. 
Structural members. All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads.
E. 
Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents.
F. 
Exterior walls. All exterior walls shall be free from holes, breaks, loose or rotting materials and maintained weatherproof and properly surface-coated where required to prevent deterioration.
G. 
Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. A tarp may be placed on the roof of the property to provide temporary protection to the roof of the structure for an amount of time not to exceed sixty (60) days.
[Amended 4-23-2012 by L.L. No. 6-2012]
H. 
Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
I. 
Overhang extensions. All canopies, marquees, signs, metal awnings, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weathercoating materials, such as paint or similar surface treatment.
J. 
Stair and walking surfaces. Every stair, ramp, balcony, porch, deck or other walking surface shall comply with the provisions of § 151-84I.
K. 
Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
L. 
Chimneys and towers. All chimneys, cooling towers, smoke stacks and similar appurtenances shall be maintained structurally safe and sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
M. 
Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
N. 
Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weathertight.
(1) 
Glazing. All glazing materials shall be maintained free from cracks and holes.
(2) 
Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
O. 
(Reserved)
P. 
Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guest rooms shall tightly secure the door.
Q. 
Basement or cellar hatchways. Every basement or cellar hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
R. 
Guards for basement or cellar windows. Every basement or cellar window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.
A. 
General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. Every owner of a structure containing a rooming house, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies shall maintain in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
B. 
Structural members. All structural members shall be maintained structurally sound and be capable of supporting the imposed loads.
C. 
Interior surfaces. All interior surfaces, including ceilings, walls, floors, windows and doors, shall be maintained in good, clean, sound and sanitary condition.
D. 
Stairs and railings. All interior stairs and railings shall be maintained in sound condition and good repair.
E. 
Stairs and walking surfaces. Every stair, ramp, balcony, porch, deck or other walking surface shall comply with the provisions of § 151-84I.
F. 
Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
G. 
Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.
A. 
Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. In addition to the requirements contained herein, the collection, storage and disposal of rubbish and garbage shall comply with the requirements of Chapter 169, Solid Waste, Article I, Waste Management, of the Code of the Town of Amherst, otherwise known as the "Solid Waste Local Law" of the Town of Amherst (L.L. No. 10-1992, as amended).
B. 
Disposal of rubbish.
(1) 
Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.
(2) 
Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.
C. 
Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.
(1) 
Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container.
(2) 
Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.
A. 
Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
B. 
Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.
C. 
Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.
D. 
Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupants shall be responsible for extermination.
E. 
Occupant. The occupant of any structure shall be responsible for the continued rodent- and pest-free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination.
A. 
Scope. The provisions of §§ 151-65 through 151-68 shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.
B. 
Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this section.
C. 
Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Building Code shall be permitted.
A. 
Habitable spaces. Every habitable space shall comply with the requirements of Subsection A(1) and (2):
(1) 
Habitable space shall have natural light provided by means of one or more windows, skylights, transparent or translucent panels, or any combination thereof, that face directly on open space.
(2) 
Habitable space shall be provided with electric light appropriate for the intended use.
B. 
Common halls and stairways. Every common hall and stairway, other than in one- and two-family dwellings, shall be lighted at all times with at least a sixty-watt standard incandescent light bulb or equivalent for each 200 square feet (19 square meters) of floor area, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). Every exterior means of egress stairway, other than in one- and two-family dwellings, shall be illuminated with a minimum of one footcandle (11 lux) at floors, landings and treads.
C. 
Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.
A. 
Habitable spaces. Habitable space shall have natural ventilation provided by means of openable parts of windows or other openings in exterior walls that face directly on open space or through openable parts of skylights.
B. 
Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Subsection A, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.
C. 
Cooking facilities.
(1) 
Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormitory unit. Exception: where specifically approved, in writing, by the code official.
(2) 
Kitchens and kitchenettes without windows shall be provided with mechanical ventilation.
D. 
Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and shall not be recirculated to any space.
E. 
Clothes dryer exhaust. Clothes dryer venting systems shall be independent of all other systems and shall be vented in accordance with the stricter of the manufacturer's instructions or the Building Code.
A. 
Privacy. Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
B. 
Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.
C. 
Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.
D. 
Prohibited occupancy. Kitchens, nonhabitable spaces and cellars shall not be used for sleeping purposes.
E. 
(Reserved)
F. 
(Reserved)
G. 
Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. It shall be prohibited to prepare meals in hotel units, lodging units and dormitory units which have no kitchens or kitchenettes.
H. 
Habitable space located partially below grade shall conform to the definition of a basement, with the floor level of such space not more than four feet below the average finished grade or as otherwise permitted in the current Building Code.
A. 
Scope. The provisions of §§ 151-69 through 151-75 shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.
B. 
Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this article.
A. 
Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.
B. 
Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.
C. 
Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each 10 occupants.
D. 
Employees' facilities.
(1) 
A minimum of one water closet, one lavatory and one drinking facility shall be available to employees.
(2) 
Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.
A. 
Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.
B. 
Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway.
C. 
Location of employee toilet facilities. Toilet facilities shall have access from within the employees' regular working area. The required toilet facilities shall be located not more than one story above or below the employees' regular working area, and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or public customer facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities.
A. 
General. All plumbing fixtures shall be properly installed and maintained in working order and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
B. 
Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning.
C. 
Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.
A. 
General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Plumbing Code.
B. 
Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.
C. 
Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely and free from defects and leaks.
D. 
Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not more than 120° F. (49° C.). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.
A. 
General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
B. 
Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.
Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance.
A. 
Scope. The provisions of §§ 151-76 through 151-82 shall govern the minimum mechanical and electrical facilities and equipment to be provided.
B. 
Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this article.
A. 
Facilities required. Heating facilities shall be provided in structures as required by this section.
B. 
Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68° F. in all habitable rooms, bathrooms and toilet rooms.
C. 
Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guest room on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from the 15th day of September to the 31st day of May of the following year to maintain a temperature of not less than 68° F. in all habitable rooms, bathrooms and toilet rooms.
D. 
Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from the 15th day of September to the 31st day of May of the following year to maintain a temperature of not less than 68° F. during the period the spaces are occupied. Exceptions:
(1) 
Processing, storage and operation areas that require cooling or special temperature conditions.
(2) 
Areas in which persons are primarily engaged in vigorous physical activities.
E. 
Room temperature measurement. The required room temperatures shall be measured three feet above the floor and two feet and more inward from the center of each exterior wall.
A. 
Mechanical equipment. All mechanical equipment, fireplaces and solid fuel-burning appliances shall be properly installed and maintained in a safe working condition and shall be capable of performing the intended function.
B. 
Cooking and heating equipment.
(1) 
All cooking and heating equipment, components and accessories in every heating, cooking and water-heating device shall be maintained free from leaks and obstructions.
(2) 
Cooking equipment. Cooking appliances shall not be used to provide space heating to meet the minimum requirements of § 151-77C.
C. 
Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Exception: fuel-burning equipment and appliances which are labeled for unvented operation.
D. 
Clearances. All required clearances to combustible materials shall be maintained.
E. 
Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation.
F. 
Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.
G. 
Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto or to the vent outlet or vent piping therefrom shall not be installed unless labeled for such purpose and the installation is specifically approved.
A. 
Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and § 151-80.
B. 
Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Every dwelling and structure shall be served by a main service that is sized properly and is installed in a manner that provides safe electrical power to all of the electrical appliances and equipment in use therein.
C. 
Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.
A. 
Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.
B. 
Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection.
C. 
Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture.
A. 
General. Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate properly and to be free from physical and fire hazards. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, or the certificate shall be available for public inspection in the office of the building operator.
B. 
Elevators. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.
A. 
Scope. The provisions of §§ 151-83 through 151-87 shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.
B. 
Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this article.
A. 
General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way.
B. 
Exit capacity. The capacity of the exits serving a floor shall be sufficient for the occupant load thereof as determined by the Building Code.
C. 
Number of exits. In nonresidential buildings, every occupied story more than six stories above grade shall be provided with not less than two independent exits. In residential buildings, every story exceeding two stories above grade shall be provided with not less than two independent exits. In stories where more than one exit is required, all occupants shall have access to at least two exits. Exception: a single exit is acceptable under any one of the following conditions:
(1) 
Where the building is equipped throughout with an automatic sprinkler system and an automatic fire detection system with smoke detectors located in all corridors, lobbies and common areas.
(2) 
Where the building is equipped throughout with an automatic fire detection system and the exit is an approved smoke-proof enclosure or pressurized stairway.
(3) 
Where an existing fire escape conforming to the Building Code is provided in addition to the single exit.
(4) 
Where permitted by the Building Code.
D. 
Arrangement. Exits from dwelling units, rooming units, guest rooms and dormitory units shall not lead through other such units or through toilet rooms or bathrooms.
E. 
Exit signs. All means of egress shall be indicated with approved "exit" signs where required by the Building Code. All "exit" signs shall be maintained visible, and all illuminated "exit" signs shall be illuminated at all times that the building is occupied.
F. 
Corridor enclosure. All corridors serving an occupant load greater than 30 persons and the openings therein shall provide an effective barrier to resist the movement of smoke. All transoms, louvers, doors and other openings shall be closed or shall be self-closing. Exceptions:
(1) 
Corridors in occupancies, other than high-hazard occupancies, which are equipped throughout with an automatic sprinkler system.
(2) 
Patient room doors in corridors in health-care occupancies where smoke barriers are provided in accordance with the Fire Prevention Code are not required to be self-closing.
(3) 
Corridors in educational occupancies where each room that is occupied for instruction or assembly purposes has at least 1/2 of the required means of egress doors opening directly to the exterior of the building at ground level.
(4) 
Corridors that are in compliance with the Building Code.
G. 
Dead-end travel distance. All corridors that serve more than one exit shall provide direct connection to such exits. The length of a dead-end corridor shall not exceed 35 feet (10,668 mm) where the building is not equipped throughout with an automatic sprinkler system. The dead-end travel distance limitation shall be increased to 70 feet (21,336 mm) where the building is equipped throughout with an automatic sprinkler system. Exception: dead ends that are in compliance with the Building Code.
H. 
Aisles. Arrangements of chairs or tables and chairs shall provide for ready access by aisle accessways and aisles to each egress door. The minimum clear width of each aisle in assembly, educational and health care occupancies shall be maintained in accordance with the requirements of the Building Code. In all other occupancies, aisles shall have a minimum required clear width of 44 inches (1,118 mm) where serving an occupant load greater than 50, and 36 inches (914 mm) where serving an occupant load of 50 or less. The clear width of aisles shall not be obstructed by chairs, tables or other objects.
I. 
Stairways, handrails and guards. Every exterior and interior flight of means of egress stairs serving any building or portion thereof and having more than four risers shall have a handrail on at least one side of the stair. Every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) nor more than 42 inches (1,067 mm) high, measured vertically above the nosing of the tread or above the finished floor of the landing or walking surface. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, balcony, porch, deck, ramp or other walking surface. Exceptions:
(1) 
Guards are not required at any location where guards are exempted by the Building Code.
(2) 
Stairways, handrails and guards that are in compliance with the Building Code.
J. 
Stairway identification. A sign shall be provided at each floor landing in all interior stairways more than three stories above grade, designating the floor level above the floor of exit discharge. All elevator lobby call stations on all floor levels shall be identified by approved signs in accordance with the requirements for new buildings in the Building Code. Exception: The emergency sign shall not be required for elevators that are part of an accessible means of egress complying with the building code.
K. 
(Reserved)
L. 
Emergency escape. Every sleeping room located below the third story in residential and group home occupancies shall have at least one openable window or exterior door approved for emergency egress or rescue or shall have access to not less than two approved independent exits.
(1) 
Security. Bars, grilles or screens placed over emergency escape windows shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the window.
A. 
Accumulations. Rubbish, garbage or other materials shall not be stored or allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress.
B. 
Hazardous material. Combustible, flammable, explosive or other hazardous materials, such as paints, volatile oils and cleaning fluids, or combustible rubbish, such as wastepaper, boxes and rags, shall not be accumulated or stored unless such storage complies with the applicable requirements of the Building Code and the Fire Prevention Code.
A. 
General. The fire-resistance rating of floors, walls, ceilings and other elements and components required by the Building Code shall be maintained.
B. 
Maintenance. All required fire doors and smoke barriers shall be maintained in good working order, including all hardware necessary for the proper operation thereof. Fire doors shall not be held open by door stops, wedges and other unapproved hold-open devices.
A. 
General. All systems, devices and equipment to detect a fire, actuate an alarm or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the Fire Prevention Code.
B. 
Fire-suppression system. Fire-suppression systems shall be maintained in proper operating condition at all times. Fire-suppression systems located in vacant spaces of partially occupied structures shall be maintained in proper operating conditions at all times or as otherwise approved by the code official.
C. 
Standpipe systems. Standpipe systems shall be maintained in proper operating condition at all times. Hose connections shall be unobstructed. Standpipe systems located in vacant spaces of partially occupied structures shall be maintained in proper operating conditions at all times or as otherwise approved by the code official.
D. 
Fire extinguishers. All portable fire extinguishers shall be visible, provided with ready access thereto and maintained in an efficient and safe operating condition. Extinguishers shall be of an approved type.
E. 
Smoke detectors.
(1) 
Smoke detectors shall be installed and maintained in accordance with all applicable New York State codes, rules, regulations, laws, ordinances, etc.
(2) 
Tampering. Anyone tampering or interfering with the effectiveness of a smoke detector shall be in violation of this article.
F. 
Fire alarm systems. Fire alarm systems shall be maintained in proper operating condition at all times.