[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.
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:
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.
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.
(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.
APPROVED
AREA OF PUBLIC ASSEMBLY
ASME A17.1
ASSEMBLY SPACE
BASEMENT
BATHROOM
BEDROOM
BUILDING CODE
CELLAR
CHAPTER 83 OF THE CODE OF THE TOWN OF AMHERST
CODE OFFICIAL
CONDEMN
DWELLING UNIT
ELECTRICAL CODE
EXTERIOR PROPERTY
EXTERMINATION
FAMILY
FIRE PREVENTION CODE
GARBAGE
HABITABLE SPACE
IMMINENT HAZARD
INFESTATION
LABELED
LET FOR OCCUPANCY or LET
MECHANICAL CODE
NFPA 70
NONHABITABLE SPACE
OCCUPANCY
OCCUPANT
OCCUPIED SPACE
OPENABLE AREA
OPERATOR
OWNER
PERSON
PLUMBING CODE
PREMISES
ROOMING HOUSE
ROOMING UNIT
RUBBISH
STRUCTURE
TENANT
TOILET ROOM
TOWN ATTORNEY
TOWN BOARD
TOWN OF AMHERST
VENTILATION
WORKMANLIKE
YARD
ZONING ORDINANCE
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Approved by the code official.
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.
The Safety Code for Elevators and Escalators, as referenced
in the Building Code.
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.
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.
A room containing plumbing fixtures, including a bathtub
or shower.
Any room or space used or intended to be used for sleeping
purposes.
The approved Building, Mechanical, Electrical, Plumbing and Fire Prevention Codes as designated in Chapter 83 of the Code of the Town of Amherst.
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.
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]
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.
To adjudge unfit for occupancy or use.
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
The electrical code as designated in Chapter 83 of the Code of the Town of Amherst.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
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.
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.
The approved fire prevention codes as designated in Chapter 83 of the Code of the Town of Amherst.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
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.
A condition which could cause serious or life-threatening
injury or death at any time.
The presence, within or contiguous to a structure or premises,
of insects, rats, vermin or other pests.
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.
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.
The approved Mechanical Code as designated in Chapter 83 of the Code of the Town of Amherst.
The National Electrical Code (NEC) as referenced in the Building
and Electrical Codes.
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.
The purpose for which a building or portion thereof is utilized
or occupied.
Any individual living or sleeping in a building or having
possession of a space within a building.
Space within a building wherein persons normally work or
remain for a period of time.
That part of a window, skylight or door which is available
for unobstructed ventilation and which opens directly to the outdoors.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
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.
An individual, corporation, partnership or any other group
acting as a unit.
The approved Plumbing Code as designated in Chapter 83 of the Code of the Town of Amherst.
A lot, plot or parcel of land, including any structures thereon.
A building arranged or occupied for lodging, with or without
meals, for compensation and not occupied as a one- or two-family dwelling.
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.
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.
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.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
A room containing a water closet or urinal but not a bathtub
or shower.
The Town Attorney of the Town of Amherst.
The Town Board of the Town of Amherst.
The Town of Amherst, New York.
The natural or mechanical process of supplying conditioned
or unconditioned air to, or removing such air from, any space.
Executed in a skilled manner, e.g., generally plumb, level,
square, in line, undamaged and without marring adjacent work.
An open space on the same lot with a structure.
Chapter 203 of the Code of the Town of Amherst, as amended.
[Amended 5-1-2006 by L.L. No. 6-2006]
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
Duct systems shall be maintained free of all obstructions and
shall be capable of providing the required function.
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:
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.
F.
Fire alarm systems. Fire alarm systems shall be maintained in proper
operating condition at all times.
