[HISTORY: Comes from ordinance adopted 11-26-1963, effective 12-27-1963.]
The following definitions shall apply in the interpretation
and enforcement of this chapter:
That space of a building that is partly below grade which
has more than 1/2 of its height, measured from finished floor to finished
ceiling, above the average established curb level or finished grade
of the ground adjoining the building.
That space of a building that is partly or entirely below
grade which has more than 1/2 of its height, measured from finished
floor to finished ceiling, below the average established curb level
or finished grade of the ground adjoining the building.
Any room occupied for sleeping purposes by five or more persons.
A cubicle is a small, partially enclosed sleeping space within a dormitory,
with or without a window.
Any building which is wholly or partially used or intended
to be used for living or sleeping by human occupants; provided that
temporary housing as hereinafter defined shall not be regarded as
a dwelling.
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
A hoisting and lowering mechanism, equipped with a car or
platform, which moves in guides in a substantially vertical direction
and which serves two or more floors of a building or structure.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping; or by any other recognized and legal
pest-elimination methods approved by the Health Officer.
Shall mean one or more persons related by blood, marriage or
legal adoption, residing or cooking or warming food as a single housekeeping
unit, with whom there may be not more than two boarders, roomers or
lodgers, who must live together in a common household. A boarder,
roomer or lodger residing within the family household is a person
who does or does not pay a consideration therefor to such family for
such residence.
If consisting of more than one person, shall consist only of:
A husband and wife.
Parent or parents and child or children and grandchild or grandchildren
and/or grandparent or grandparents.
Brother and/or brothers.
Sister and/or sisters.
Any combination of those listed in (1) through (4) above.
other person or persons of a more distant relationship shall
be considered as boarder or another family or families. The enforcement
office may require substantiation of family status by affidavit or
by other legal proof or documents.
An approved installation of equipment which automatically
actuates a fire alarm when the detecting element is exposed to fire
or abnormal rise in temperature.
Any material that has successfully withstood the one-hour
fire test as prescribed by the National Board of Fire Underwriters
or other nationally recognized agency.
A window frame with sash and glazing, having a fire-resistive
rating of at least 3/4 of an hour. Where moving sash is used, such
window shall close automatically by the action of a heat-actuated
device or other approved means of effecting closure.
Refer to materials which will not readily ignite and will
not propagate flame under test conditions. Flameproof materials are
usually combustible materials with the addition of some treatment
or coating to modify their burning properties. Flameproof denotes
a lower degree of resistance than fire retardant.
The surface propagation of flaming over a given distance
in a specified time. Numerical classification is established by the
performance of the material as compared with that of asbestos-cement
board and select-grade red flooring oak, which have been arbitrarily
established as zero and 100 respectively.
A dwelling of which the exterior walls or any structural
parts of such walls are of wood.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A room or space occupied by one or more persons for living,
sleeping, eating or cooking, and includes kitchens, but does not include
kitchenettes, bathrooms, water-closet compartments, laundries, serving
and storage pantries, rest, dressing, locker, utility, heater and
boiler rooms, corridors, cellars and similar spaces that are not used
frequently or for extended periods.
Be deemed a building or structure occupied, maintained, used,
advertised or offered to the public as an inn or place where sleeping
accommodations are furnished for rent, lease or hire with or without
meals, in which sleeping accommodations for 20 or more persons are
provided, arranged or maintained for the accommodation or comfort
of guests.
The presence within or around a dwelling of any insects,
rodents or other pests.
Any space designated, designed, used or intended for use
in which the warming, cooking or preparation of food is carried on.
A dwelling, other than a hotel, in which persons are housed
in a dormitory or dormitories, whether or not the space for sleeping
accommodations therein is divided into cubicles for a single night
or for less than a week at a time.
Be deemed, in all respects, a hotel, and is generally considered
as the temporary refuge along the highway for transient motorists,
and is not more than two stories in height, in which the exit from
each dwelling unit or sleeping room is directly to the exterior.
A residence which is either rented, leased, let or hired
out, to be occupied or is occupied as the temporary or permanent residence
or home of three or more families living independently of each other,
including, but not limited to, the following: A tenement, flat house,
maisonette apartment, apartment house, apartment hotel, garden apartment,
motel, tourist house, bachelor apartment, studio apartment, duplex
apartment, kitchenette apartment, hotel, lodging house, rooming house,
boardinghouse, boarding and nursery school, furnished-room house,
club, sorority house, fraternity house, college and school dormitory,
convalescent, old-age, senior citizens', rest or nursing home
or residence, but not including private or public hospitals or public
institutions. It shall also include a dwelling with three or more
roomers, boarders or lodgers residing with a family. For further clarification
of this definition, "multiple residences" are divided into two classes:
Class A and Class B.
CLASS A MULTIPLE RESIDENCEA multiple residence which is occupied, as a rule, for permanent residence purposes and not transiently. This class shall be deemed to include all occupancies as mentioned above and all other multiple residences, except Class B multiple residences, as defined below, whether or not such other multiple residences are specifically designated by name.
CLASS B MULTIPLE RESIDENCEA multiple residence which is occupied, as a rule, transiently and is the more or less temporary abode of individuals or families who are lodged with or without meals. This class shall be deemed to include and shall include hotels, motels, lodging houses, boardinghouses, boarding schools, furnished-room houses, lodgings, clubhouses and college and school dormitories.
A building used for the accommodation and care of persons
with, or recuperating from, illness or incapacity, where nursing services
are furnished.
A sign designating the lawful number of occupants permitted
in a room, floor or space which is open to the public as a place of
public assembly.
Any person over 12 years of age, living, sleeping, cooking
or eating in, or having actual possession of, a dwelling unit or rooming
unit.
Any person who has charge, care or control of a building
or part thereof in which dwelling units or rooming units are let.
The temperature 15° F. above the lowest average recorded
temperature for the previous ten-year period taken at the nearest
official recording station.
Any person who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling unit with
or without accompanying actual possession thereof, or
Shall have charge, care or control of any dwelling as owner,
agent of the owner or as executor, executrix, administrator, administratrix,
trustee or guardian of the estate of the owner. Any such person thus
representing the actual owner shall be bound to comply with the provisions
of this chapter and of rules and regulations adopted pursuant thereto,
to the extent as if he were the owner.
And include any individual, firm, corporation, association
or partnership or other interested party.
A room or space which is occupied or arranged to be occupied
by 75 or more persons and which is used for educational, recreational,
amusement, social, religious, patriotic, civic, travel and similar
purposes, and shall include assembly halls, lecture rooms, exhibition
halls, museums, auditoriums, instruction rooms, dance shall or studios;
cabarets, nightclubs, restaurants, any room or space used for private
banquets, feasts, socials, card parties, bingo or weddings; lodge
or meeting halls or rooms; skating rinks, gymnasiums, swimming pools,
billiard rooms, bowling alleys, archery ranges, halls used for public
or private catering purposes; funeral parlors, recreation rooms, concert
halls, broadcasting studios, theaters, motion picture theaters; passenger
stations and terminals of air, surface, underground and marine public
transportation facilities; or any other building, shed or enclosure
coming within the occupancy and other similar classifications of this
definition as determined by the officer charged with the enforcement
of this definition. Nothing in this definition shall be construed
to apply to any room or space used exclusively for dwelling purposes
in a private or multiple dwelling, places of incarceration, an asylum,
convalescent, old-age or nursing home, or designated areas for religious
worship only, or nonparochial elementary or high schools; colleges
licensed to operate by the State Board of Regents, provided such rooms
are used solely and exclusively by the students of such schools or
colleges. All places of assembly shall substantially comply with Rule
36 of the New York State Standard Building Code and/or with all rules,
regulations, ordinances, zoning and directives of the designated enforcing
authority of the Town of Hempstead, where such conditions are not
definitely specified or are more restrictive.
And include all of the following supplied facilities and
equipment: water pipes, garbage disposal units, waste pipes, water
closets, sinks, installed dishwashers, lavatories, bathtubs, shower
baths, installed clothes-washing machines, catch basins, drains, vents
and any other similar supplied fixtures, together with all connections
to water, sewer or gas lines.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
or eating purposes.
Any dwelling containing one or more rooming units in which
space is let by the owner or operator to two or more persons who are
not husband or wife, son or daughter, mother or father, or sister
or brother of the owner or operator.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible material, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust.
As applied to fire doors or other opening protectives, shall
mean doors which are normally kept in a closed position and which
close automatically after having been opened.
The occupancy by one or two persons of a single room or of
two or more rooms which are joined together, separated from all other
rooms within an apartment in a multiple residence so that the occupant
or occupants reside separately and independently of the other occupant
or occupants of the same apartment. When a Class A multiple residence
is used wholly or in part for singleroom occupancy, it shall remain
a Class A multiple residence.
That portion of a building which is between one floor level
and the next higher floor level or the roof. If a mezzanine floor
area exceeds 1/3 of the area of the floor immediately below, it shall
be deemed to be a story. A basement shall be counted as a story when
its ceiling height is six feet or more above the average finished
grade. A cellar shall not be deemed to be a story. An attic shall
not be deemed to be a story if unfinished or without human occupancy.
Paid for, furnished or provided by, or under the control
of, the owner or operator.
Any tent, trailer or other structure used for human shelter
which is designed to be transportable and which is not attached to
the ground, to another structure or to any utilities system on the
same premises for more than 30 consecutive days.
The legally designated Building Inspector of the Town of
Hempstead, New York, or his authorized representative.
Whenever the words "dwelling," "dwelling unit," "rooming
house," "rooming unit," "premises" are used in this ordinance, they
shall be construed as though they were followed by the words "or any
part thereof."
A multiple residence or any part thereof, or any structure
on the same premises with a multiple residence, which has been untenanted
for a period of 60 days or more and either is not guarded continuously
by a resident caretaker or has any exterior openings which are not
sealed in a manner approved by the Building Department; and is, in
their opinion, a fire hazard or in a condition dangerous or detrimental
to human life, health or morals.
The Manager of the Building Department is hereby authorized
and directed to make inspections to determine the condition of dwellings,
dwelling units, rooming units, nursing homes, hotels, motels and mobile
homes and premises located within this Town of Hempstead, in order
that he may perform his duty of safeguarding the health and safety
of the occupants of dwellings and the general public. For the purpose
of making such inspections, the Manager of the Building Department
is hereby authorized to enter, examine and survey at all reasonable
times all dwellings, dwelling units, rooming units and premises. The
owner or occupants of every dwelling, dwelling unit, or the person
in charge thereof, shall give the Manager of the Building Department
free access to such dwelling, dwelling unit or rooming unit and its
premises at all reasonable times for the purpose of such inspection,
examination and survey. Every occupant of a dwelling or dwelling unit
shall give the owner thereof, or his agent or employee, access to
any part of such dwelling or dwelling unit or its premises at all
reasonable times for the purpose of making such repairs or alterations
as are necessary to effect compliance with the provisions of this
chapter or with any lawful rule or regulation adopted or any lawful
order issued pursuant to the provisions of this chapter.
A.
Whenever the Manager of the Building Department determines that there
are reasonable grounds to believe that there has been a violation
of any provision of this chapter, he shall give notice of such alleged
violation to the person or persons responsible therefor, as hereinafter
provided. Such notice shall:
(1)
Be put in writing.
(2)
Include a statement of the reasons why it is being issued.
(3)
Allow a reasonable time for the performance of any act it requires.
(4)
Be served upon the owner or agent, or his occupant, as the case may
require; provided that such notice shall be deemed to be properly
served upon such owner or agent, or upon such occupant, if a copy
thereof is served upon him personally; or if a copy thereof is sent
by certified mail to his last known address, and a copy thereof is
posted within 24 hours of each other in a conspicuous place in or
about the dwelling affected by the notice; or if he is served with
such notice by any other method authorized or required under the laws
of this state.
(6)
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter and with rules and
regulations adopted pursuant thereto.
B.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this chapter may request
and shall be granted a hearing on the matter before the Manager of
the Building Department; provided that such person shall file in the
office of the Manager of the Building Department a verified written
petition requesting such hearing and setting forth a brief statement
of the grounds therefor, within 10 days after the day the notice was
served. Upon receipt of such petition, the Manager of the Building
Department shall set a time and place for such hearing and shall give
the petitioner 10 days' written notice thereof. At such hearing,
the petitioner shall be given an opportunity to be heard and to show
why such notice should be modified or withdrawn. The hearing shall
be commenced not later than 20 days after the day on which the petition
was filed; provided that upon application of any interested party,
the Manager of the Building Department may postpone the date of the
hearing for a reasonable time beyond such twenty-day period if in
his judgment the interested party has submitted a good and sufficient
reason for such postponement, but in no event shall said hearing be
postponed longer than 60 days. In any case, if no written petition
shall be filed with the Manager of the Building Department within
the ten-day period provided for in this subsection; the Manager of
the Building Department shall immediately issue an order directing
the removal of violations as listed on the notice.
C.
The proceedings at such hearing, including the findings and decision
of the Manager of the Building Department, shall be summarized, reduced
to writing and entered as a matter of public record in the office
of the Manager of the Building Department. Such record shall also
include a copy of every notice or order issued in connection with
the matter.
D.
After such hearing, the Manager of the Building Department shall
sustain, modify or withdraw the notice, depending upon his findings
as to whether the provisions of this chapter have been complied with.
If the Manager of the Building Department sustains or modifies such
notice, it shall be deemed to be in order. After a hearing in the
case of any notice revoking any permit required by this chapter, when
such notice has been sustained by the Manager of the Building Department,
upon the receipt of the written decision by the petitioner, the permit
shall be deemed to have been revoked. If a petition for hearing is
not filed in the office of the Manager of the Building Department
within 10 days after such notice is served, the Manager of the Building
Department shall issue an order directing the revocation of any permit
affecting the notice and such revocation shall take effect upon receipt
of the order by the violator.
E.
Whenever the Manager of the Building Department finds that an emergency
exists which requires immediate action to protect the public health,
safety and welfare, he may, without notice or hearing, issue an order
reciting the existence of such an emergency and requiring that such
action be taken as he deems necessary to meet the emergency. Notwithstanding
the other provisions of this chapter, such order shall be effective
immediately. Any party to whom such order is directed shall comply
therewith immediately. If such party is not available or does not
respond with sufficient promptness to meet the emergency, then the
Manager of the Building Department shall have the power to correct
the emergency, and any expense suffered by this Town of Hempstead
shall be borne by the party.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living,
sleeping, cooking or eating therein which does not comply with the
following requirements:
A.
Every dwelling unit shall contain a kitchen sink in good working
condition and properly connected to a water and sewer system approved
by the Manager of the Building Department.
B.
Every dwelling unit shall be equipped with a complete bathroom fixture
group consisting of a flush water closet, lavatory basin and bathtub
or shower in good working condition and properly connected to a water
and sewage system approved by the Manager of the Building Department.
The flush water closet, lavatory basin and bathtub or shower need
not be installed in the same room, but said room or rooms shall afford
privacy to a person within said room or rooms.
C.
Every dwelling unit shall be supplied with adequate rubbish storage
facilities and with adequate garbage disposal facilities or garbage
storage containers whose type and location are approved by the Manager
of the Building Department. It shall be the responsibility of the
owner to supply such facilities or containers for all dwelling units
in a dwelling containing three or more dwelling units. In all other
cases it shall be the responsibility of the occupants to furnish such
facilities or containers.
D.
The water-heating facilities necessary to provide the hot water required under Subsections A and B shall be properly installed and connected to the hot-water lines required under those subsections, shall be maintained in safe and good working condition, and shall be capable of heating water to such a temperature as to permit an adequate flow of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120° F. Such supplied water-heating facilities shall be capable of meeting the requirements of this subsection when the dwelling, dwelling unit, rooming house or rooming unit heating facilities required under the provisions of § 88-5E are not in operation.
E.
Every dwelling unit shall have safe, unobstructed means of egress
leading to safe and open space at ground level as required by the
laws of this state and this Town of Hempstead, New York.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living
therein which does not comply with the following requirements:
A.
Every habitable room shall have at least one window or skylight facing
directly to the outdoors. The minimum total window or skylight area,
measured between stops, for every habitable room shall be 10% of the
floor area of the room. Whenever walls or other portions of structures
face a window of any such room, and such light-obstruction structures
are located less than three feet from the window and extend to a level
above that of the ceiling of the room, such a window shall not be
deemed to face directly to the outdoors and shall not be included
as contributing to the required minimum total window area.
B.
Every habitable room shall have at least one window or skylight which can easily be opened, or such other device that will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size as required in Subsection A of this section, except where there is supplied some other device affording adequate ventilation and approved by the Manager of the Building Department.
C.
Every bathroom and water-closet compartment shall comply with the
light and ventilation requirements for habitable rooms contained in
this chapter, except that no window or skylight shall be required
where the bathroom or water-closet compartment is adequately ventilated
by a ventilation system which is kept in continuous automatic operation
while in use, and approved by the Manager of the Building Department.
D.
Every dwelling unit and all public and common areas shall be supplied
with electric service, outlets and fixtures which shall be properly
installed, shall be maintained in good and safe working condition
and shall be connected to the sources of electric power in a safe
manner.
E.
Every dwelling or dwelling unit shall be supplied with heating facilities
which are properly installed, are maintained in safe and good working
condition and are capable of safely and adequately heating all habitable
rooms, bathrooms and water-closet compartments located therein, to
a temperature of at least 70° F., at a distance three feet and
more from exterior walls and at a level of five feet above the floor,
under ordinary minimum winter conditions. Either central- or space-heating
facilities may be used, provided that they meet the following requirements:
(1)
Every central-heating unit and/or central hot-water heating shall:
(a)
Have every heat duct, steam pipe and/or hot-water pipe free
of leaks and functioning properly to provide an adequate amount of
heat and/or hot water to the intended place of delivery;
(b)
Be provided with seals between sections of hot-air furnaces
to prevent the escape of noxious gaes into heat ducts:
(c)
If employing electricity, be connected to an electric circuit
of adequate capacity in an approved manner: and
(d)
Be provided with automatic or safety devices and be installed
and operated in the manner required by the state and the Town of Hempstead.
(2)
Every space-heating unit and/or unit hot-water facility shall:
(a)
Not use gasoline as a fuel;
(b)
Not be of the portable type if using solid, liquid or gaseous
fuel;
(c)
If employing a flame, be connected to a flue or a vent in the
manner required by the state and the Town of Hempstead;
(d)
If employing solid or liquid fuels, have a fire-resistant panel
beneath it;
(e)
Be located at least two feet away from any wall or be equipped
with insulation sufficient to prevent the overheating of any wall
in the manner prescribed by the current Standards of the American
Standards Association and the National Fire Protection Association;
(f)
If employing gaseous fuel, be equipped with other than rubber-tube
or armored rubber-tube connector;
(g)
If employing electricity, be connected to an electric circuit
of adequate capacity in an approved manner; and
(h)
Be installed and operated in the manner required by the state
and the Town of Hempstead.
F.
Every common hallway and stairway in every dwelling shall be adequately
lighted at all times.
G.
During that portion of each year when the Manager of the Building
Department deems it necessary for protection against mosquitoes, flies
and other insects, every door opening directly from a dwelling unit
to outdoor space shall have supplied screens and a self-closing device;
and every window or other device with openings to outdoor space, used
or intended to be used for ventilation, shall likewise be supplied
with screens, provided that such screens shall not be required during
such period in rooms deemed by the Manager of the Building Department
to be located high enough in the upper stories of buildings to be
free enough from such insects, and in rooms located in areas of this
Town of Hempstead which are deemed by the Manager of the Building
Department to have so few such insects as to render screens unnecessary.
H.
Every basement or cellar window used or intended to be used for ventilation,
and every other opening to a basement which might provide an entry
for rodents, shall be supplied with a screen or such other device
as will effectively prevent their entrance.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living
therein which does not comply with the following requirements:
A.
Every foundation, floor, wall, ceiling and roof shall be reasonably
weathertight, watertight and rodentproof, shall be capable of affording
privacy, and shall be kept in good repair.
B.
Every window, exterior door and basement hatchway shall be kept reasonably
weathertight, watertight and rodentproof, and shall be kept in sound
working condition and good repair.
C.
Every inside and outside stair, every porch and every appurtenance
thereto shall be maintained and kept in sound condition and good repair.
D.
Every plumbing fixture and water and waste pipe shall be properly
installed and maintained in good sanitary working condition, free
from defects, leaks and obstructions.
E.
Every water-closet compartment floor surface and bathroom floor surface
shall be constructed and maintained so as to be impervious to water
and so as to permit such floor to be easily kept in a clean and sanitary
condition.
F.
All rainwater shall be so drained and conveyed from every roof so
as not to cause dampness in the walls, ceilings or floors of any habitable
room or of any bathroom or water-closet compartment.
G.
All exterior wood surfaces shall be adequately protected from water
seepage and against decay.
H.
All walls, ceilings, interior woodwork, doors and windows shall be
kept free of flaking, peeling or loose paint.
I.
Every supplied facility, piece of equipment or utility which is required
under this chapter shall be so constructed or installed that it will
function safely and effectively and shall be maintained in satisfactory
working condition.
J.
No owner, operator or occupant shall cause any service, facility,
equipment or utility which is required under this chapter, to be removed
from or shut off from or discontinued for any occupied dwelling let
or occupied by him, except for such temporary interruption as may
be necessary while actual repairs or alterations are in process or
during temporary emergencies when discontinuance of service is approved
by the Manager of the Building Department.
K.
No owner shall occupy or let to any other occupant any vacant dwelling
unit unless it is clean, sanitary and fit for human occupancy.
No person shall occupy or let to another for occupancy any dwelling
or dwelling unit for the purpose of living therein which does not
comply with the following requirements:
A.
Every dwelling unit shall contain at least 150 square feet of floor
area for the first occupant thereof and at least 100 additional square
feet of floor area for every additional occupant thereof, the floor
areas to be calculated on the basis of total usable floor area of
habitable rooms.
B.
At least half of the floor area of every habitable room shall have
a ceiling height of at least 7 1/2 feet. The floor area of the
part of any room where the ceiling height is less than five feet shall
not be considered in computing the usable floor area of the room for
the purpose of determining the maximum permissible occupancy thereof.
C.
No cellar space shall be used as a habitable room or dwelling unit.
D.
No basement space shall be used as a habitable room or dwelling unit
unless, in addition to the other provisions of this chapter:
Every owner of a dwelling containing two or more dwelling units
shall have the following responsibilities:
A.
In addition to a primary exit, there shall be provided a secondary
exit from the building or, in lien thereof in buildings not more than
two stories in height, such secondary means of egress shall not be
required, provided that the sill of the second-story window does not
exceed 14 feet in vertical height above the ground or other safe landing
place immediately below such window sills.
B.
Safe, continuous and unobstructed exits shall be provided from the
interior of the building to the exterior at street or grade level;
they shall be arranged, constructed and proportioned so that occupants
may escape safely from the building in case of emergency.
C.
Railings shall be provided on open portions of stairs, balconies,
landings and stairwells.
A.
Chimneys, flues, gas vents and their supports shall be installed
and maintained so as to be structurally safe, durable, smoketight,
noncombustible and capable of withstanding the action of flue gases
without softening, cracking, corroding or spalling.
B.
Such facilities shall effectively convey the products of combustion
to the outer air.
C.
Flue linings shall be capable of withstanding the action of flue
gas without softening, cracking, corroding or spalling at the temperature
to which they will be subjected.
D.
Openings for smoke pipes or gas vent connections shall be provided
with means for easy connection without restriction of flue.
E.
No flue shall have smoke pipe or gas vent connections in more than
one story of a building.
F.
Fuel-burning equipment and fireplaces located in different tenancies
shall not be connected to the same flue.
A.
Exhaust air from a dwelling unit shall not be circulated to another
dwelling unit.
B.
Ducts shall be of noncombustible material and securely fastened in
place and appropriately fire-stopped.
C.
Direct air-conditioning systems using refrigerants that are highly
flammable, highly irritant or toxic shall not be used for air-conditioning
purposes.
D.
Exhaust air from a dwelling unit or a space whose contents may emit
odors, fumes or vapors shall not be circulated to other occupied spaces
within the building.
E.
Air intake and exhaust openings shall be installed, located and maintained
so as not to constitute a hazard or nuisance and so as to prevent
the possibility of fire, smoke, fumes or foreign matter being drawn
into the system.
F.
Ventilating systems shall be provided with adequate openings for
incoming and outgoing air to obtain the required circulation. Intake
openings shall provide air from an uncontaminated source.
G.
Exhaust openings shall be located so that the exhaust air will not
create a nuisance.
H.
Enclosures or spaces where heat, gases, vapors or odors may accumulate
and become a potential source of hazard or nuisance shall be provided
with adequate means of ventilation to remove such excess.
A.
Water supply used for filling or for cleaning of the pool shall be
clean. Water supply shall be protected against potential pollution
from all sources, including cross connection and backflow.
B.
Drains shall be provided so that the pool can be safely and adequately
drained in floors surrounding the swimming pool, and arranged so that
water from such areas will drain without entering the pool.
C.
Filtering, sterilizing and auxiliary equipment, where required, shall
be adequate to maintain the sanitary quality of water during each
period the pool is in use. Equipment containing gases or disinfectants
capable of giving off irritating, toxic or flammable fumes shall be
locked in ventilated rooms.
D.
The installation shall be arranged and maintained to prevent dirt,
sand or other foreign matter from entering the bathing area.
A.
All provisions of this section shall apply to every multiple residence
of permanent or transient occupancy and shall apply in addition to,
and not in substitution for, any provisions which are definitely provided
in other sections of this code.
B.
Illegal use. No person, owner, tenant, lessee, agent, philanthropic,
welfare or other agency shall harbor, board, rent, lease, place, permit,
sanction or continue the use by any person or persons of any multiple
residence which is in violation of any section of this code.
C.
Multiple residence on the same lot as another building. No multiple
residence shall hereafter be erected upon the rear of a lot on which
there is a building on the front of such lot, nor upon the front of
such lot on which any building, other than a garage which is to be
used by the occupants of such multiple residence in conformity with
the New York State Multiple Residence Law Rule 5 (Motor Vehicle Storage),
is erected.
D.
Hall lighting. In every multiple residence erected prior to July
1, 1952, there shall be provided at every floor level a window opening
upon a street, yard or court: or there shall be maintained on such
floor or floors continuous artificial lighting. A fireproof, self-closing
bulkhead door, giving access from stair leading to a roof, shall be
accepted in lieu of a window or continuous lighting for this stair
leading from top story to roof, provided that such door contains not
less than five square feet in area of clear wired glass. There shall
also be provided a light or lights which shall be of not less than
25 watts or equivalent photometric rating, for the vestibule, entrance
hall and every public hall, stair, fire stair and fire tower on every
floor. Every such light shall be turned on by the owner or his agent
at sunset every day and shall not be turned off by the owner or his
agent until the following sunrise. Such light or lights shall be kept
burning daily from sunset until sunrise, and any defective bulbs shall
be replaced as soon as possible. The light or lights in every stair,
fire tower and public hall shall be so located and be of such intensity
that all portions shall be sufficiently lighted. The inspector shall
make further recommendation on lighting where he deems there is insufficient
daylight illumination.
E.
Ventilating skylight. In every multiple residence erected prior to
July 1, 1952, there shall be provided, in the roof directly over each
stair, fire stair, dumbwaiter, elevator or similar shaft which extends
to or within one story of a roof, a ventilating metal skylight of
the cross-sectional area of such shaft, but not less than 20 square
feet in area and at least 144 square inches of fixed ventilation.
An existing ventilating metal skylight in the roof may be accepted
if deemed adequate in the opinion of the officer charged with the
enforcement of this section. Every skylight shall be glazed with plain
glass in the roof of such skylight and shall be equipped with metal
screens above and below the skylight. In lieu of such ventilating
skylight, a fixed louvre may be installed in the bulkhead door or
in the exterior wall of such bulkhead not on a lot line, provided
a minimum of 144 square inches of unobstructed ventilation is maintained
to the outer air. Where there is a flooring of solid construction
at the top of any stair, elevator or shaft, openings shall be left
at the top of such shaft for ventilation. Such openings shall provide
at least 144 square inches of unobstructed ventilation and shall communicate
directly to the outer air. The Manager of the Building Department
may accept a suitable plain glass window in lieu of such skylight.
It shall be unlawful to discharge into any such shaft any inflammable
or volatile gases, liquids or vapors or to install or permit any piping
or other thing or matter which might endanger life.
F.
Mailboxes (lighting). When the natural light in any public hall in
which a mailbox or other receptacle for mail is maintained in a multiple
residence is not sufficient to permit a person to read the names appearing
on such mailbox or receptacle, the owner shall install a lighting
fixture directly over such mailbox or receptacle and maintain the
same in serviceable condition in order that a light may be turned
on for the convenience of the tenant or the mail carrier serving the
premises.
G.
Sleeping room: maximum occupancy. One occupant per room having floor
area of at least 80 but less than 120 square feet, two occupants per
room having floor area of at least 120 but less than 180 square feet,
and three occupants per room having floor area of 180 or more square
feet.
H.
Rooms in cellars. No room in any cellar shall be used for living
or sleeping purposes, but all or part of such cellar may be used for
storage or other general utility purposes accessible to the owner
or occupants only.
I.
Increase in occupancy. If the number of rooms or apartments in any
multiple residence erected prior to July 1, 1952, is altered as to
increase the occupancy of such building, the entrance hall, stair
shall and their ceilings shall be fire retarded. In lieu of such required
fire retarding, there may be installed an automatic sprinkler system,
equipped on each story with heads in such number and so spaced as
to protect the complete area of the public halls and stairs.
J.
Cellar stair. All interior stairs in any multiple residence, leading
from the entrance story to a cellar or basement, shall be enclosed
with fire-retarded partitions and shall be provided with a fire-retarded,
self-closing door at both top and bottom of such stair.
K.
Business occupancy. When a business is conducted in any multiple
residence erected prior to July 1, 1952, the ceiling of the business
space shall be covered with fire-retarded material or shall be equipped
with an automatic sprinkler system, and any openings between such
business portion and a multiple residence shall be sealed up with
fire-retarded material or provided with a fireproof, self-closing
protective assembly.
L.
Closets. In any multiple residence, no closet of any kind shall be
constructed or maintained under any stair one any floor from the cellar
level to the roof, and such space shall be kept entirely open and
clear of any encumbrance.
M.
Extinguisher: oil burner. In any multiple residence where oil is
used for central heating, there shall be provided immediately outside
the boiler room or other location, as designated by the officer charged
with the enforcement of this section, a ten-pound CO2 or equivalent
dry-powder chemical fire extinguisher.
N.
Emergency switch. An emergency switch with a red, designating plate
shall be located outside the oil or gas burner room; or if such room
is not required, then it shall be located at the top of and immediately
inside the cellar or basement stair enclosure.
O.
Cellar/basement partitions. In any cellar or basement of any multiple
residence, any wooden or other combustible partitions used for storage
or otherwise shall be covered with fire-retarding material or otherwise
rendered safe against fire by painting such material with a fire-retardant
paint having a flame spread of not more than "25."
P.
Antennas/aerials. Any radio or television antenna or aerial which
is mounted or secured to a roof of a multiple residence shall be so
located that the lowest part of any arm or horizontal wire or connection
shall not be less than 10 feet above the roof. All lines or contrivances
used for the drying of clothes shall be removed when not in actual
use, or otherwise arranged so that there is no horizontal projection
within a vertical distance of 10 feet. No radio or television antenna
or other wires shall be attached to any fire escape or to any soil
or vent line.
Q.
Guard railings. Every multiple residence three or more stories in
height shall have the perimeter of every open area of a roof, terrace,
areaway, outside stair, retaining wall or porch protected by a parapet
wall, guard railing or chain-link fencing, or any combination of both
parapet wall and either such railing or fencing, extending three feet
six inches or more in height above the level of such area, or in the
case of a stair landing, stair window or window in a public hall,
above the level of the floor adjacent thereto. In dwellings two stories
in height, it shall be sufficient if the guard railing is erected
at least five feet distant from and encloses any required bulkhead
or scuttle opening to the roof.
R.
Gas meters.
(1)
Gas meters shall be located in spaces that are dry, well ventilated,
readily accessible, free from steam or mechanical fumes and protected
against extreme heat. Gas meters shall be located as near as practicable
to the point of entry of the gas service. Gas meters shall not be
installed in a stairway, boiler room or any room containing heating
apparatus, nor in any public hall above the cellar nor above the lower
story if there is no cellar. Gas meters shall not be installed in
spaces designed for the storage of paints or flammable products.
(2)
Gas services, gas meters and gas-pressure regulators shall be located
so that they are protected from damage. Such equipment shall be sufficiently
removed or separated from the bottom termination of a stairway so
as not to constitute a potential hazard.
(3)
Replacement meters shall be permitted in areas where originally installed,
except in boiler rooms or rooms containing any heating apparatus or
spaces designed for storage of paints or flammable products.
S.
Gas appliances. In any multiple residence erected prior to July 1,
1952, it shall be unlawful to place, use or maintain in a condition
intended, arranged or designed for use, any gas-fired cooking appliance,
laundry stove, heating stove, range or water heater or combination
of such appliances, in any room or space used for living or sleeping,
unless such room or space has a window opening to the outer air or
such gas appliance is vented to the outer air. All automatically controlled
gas appliances shall be equipped with a device which shall shut off
automatically the gas supply when the pilot light or other constantly
burning flame in such appliance is extinguished. All gas appliances
shall be connected directly to the gas supply by means of rigid piping.
All appliances and devices shall bear the approval label of the American
Gas Association. Water heaters installed in any room or space within
an apartment shall be connected to a flue or to the outer air.
T.
Kerosene heaters. After January 1, 1968, it shall be unlawful to
use, place, store or keep any portable kerosene heater or other heater
using a liquid petroleum product in any multiple residence. This does
not include any legally installed oil burner used for central heating.
U.
Storage of oils. The storage of kerosene or other liquid petroleum
products used in portable or other heaters, other than in a legally
installed oil burner tank and used for central heating, shall be stored
outside in a locked metal shed or receptacle which shall not be located
closer than 20 feet of the multiple residence. There shall be permitted
within the apartment a maximum of one gallon, other than in the storage
tank of such storage heater, permitted to be stored in an approved
can bearing the Underwriters' seal. There shall be no storage
of such heating oils in any parts of such dwelling to which the public
has access.
V.
Occupancy posters. Occupancy posters shall be located at the main
entrance of any space or room, in a multiple residence, used as a
place of public assembly, so as to be conspicuously visible to persons
entering such area, and shall be illuminated and substantially secured
to wall or partition.
W.
Kitchens and pantries (public assembly).
(1)
In all multiple residences, any kitchen or service pantry connected
with a place of public assembly shall be equipped with an automatic
sprinkler system or fire-detecting system, unless such kitchen or
pantry is located at least 30 feet from the multiple dwelling, and
shall be separated from all other parts of the place of public assembly
by construction having a fire-resistive rating of at least one hour.
(2)
Doors in such partitions shall be fireproof self-closing doors having a one-hour rating and may have a vision panel of wire glass conforming to specifications as defined in § 88-12II(4) and (5).
(3)
Any other openings other than doors shall be provided with automatic
fire dampers or fire shutters of incombustible material.
(4)
Ranges shall be provided with hoods and exhaust ducts which shall
be of at least No. 26-gauge metal with tight joints. Range hoods shall
be located not more than seven feet above the floor level and shall
be of the width and breadth of the appliances served. A clearance
of at least 18 inches shall be provided between range hoods and any
combustible material. Connections from hoods shall be to an independent
chimney or to a metal stack, insulated from contact with any combustible
material.
(5)
Hoods and ducts shall be thoroughly cleaned quarterly and records
kept and available for inspection.
(6)
An approved ten-pound CO2 or equivalent dry-powder chemical extinguisher
shall be provided and securely mounted on the wall in plain sight
and readily accessible. Extinguishers shall be checked annually and
recharged immediately after use and shall be tagged to indicate when
this was done and by whom.
X.
Sprinkler inspection. The owner of every multiple residence in which
a sprinkler system is installed as a necessary requirement shall cause
such system to be tested and inspected annually. One copy of the test
shall be kept on the premises and available for inspection, and the
other copy is to be filed with the Manager of the Building Department
of the Town of Hempstead. Whenever defects are found, they shall be
corrected immediately.
Y.
Openings in public halls. In every multiple residence erected prior
to July 1, 1952, every sash or other opening in the walls or partition
of public halls shall be sealed closed with fire-retarded materials,
and any door from apartments or other rooms to public halls, having
glass panels or glass lights, shall be covered with fire-retarded
material or provided with wired glass. All doors to public halls shall
be self-closing.
Z.
Fire protection: public halls and stairways.
(1)
In every multiple residence erected prior to July 1, 1952, two or
more stories in height, the wood wainscoting and other combustible
material on walls and ceiling surfaces in all public halls and stairways
shall be removed and replaced with incombustible or fire-retarded
materials. In lieu thereof, a fire-retardant paint having a flame
spread of not more than "25" may be accepted. When interior wall and
ceiling finishes other than paint are used, they shall be mounted
directly on a noncombustible or fire-retarded base, and such material
shall have or be treated to have a flame spread of not more than "25."
Subsequent refinishing or repainting shall comply with the "25" flame-spread
rating. A manufacturer's certificate shall be forwarded to the
Building Department stating the name of the paint used, where applied
and the flame-spread rating.
(2)
Public halls and stairways in all multiple residences erected prior
to July 1, 1952, three or more stories in height, shall be enclosed
with fire-retarded material; and all openings shall have fireproof,
self-closing doors, or public hall and stair shall be equipped throughout
with an automatic sprinkler system.
AA.
Openings adjacent to fire escapes. All doors and windows of any business
occupancy in the same building as a multiple residence, which are
on the same level as any fire escape balcony or below a stair of a
fire escape and within a horizontal distance of 10 feet, shall be
fireproof and self-closing.
BB.
Openings to dumbwaiter. All doors opening from dumb-waiter shaft
shall be self-closing, and doors and assemblies when of wood or other
non-fireproof construction shall be completely covered with at least
No. 26 United States Gauge metal, except in the cellar where doors
and assemblies shall have a fire-resistive rating of at least one
hour.
CC.
Gas water heaters and driers. All products of combustion from gas
water heaters or gas driers shall be connected by a substantial gastight
flue pipe to a chimney or to the exterior of the building. All lint
shall be removed from such gas driers daily.
DD.
Boiler rooms.
(1)
In every multiple residence erected prior to July 1, 1952, which
is more than three stories in height, the boiler or furnace room of
a central-heating plant shall be equipped with a sprinkler system
or such heating system shall be enclosed in a fire-resistant room
having at least a two-hour rating and all openings to other portions
of the dwelling shall be equipped with the required rated fireproof
self-closing door. In any such residence three stories in height,
the boiler or furnace room shall be equipped with a sprinkler system
or may be enclosed with fire-retarded materials on walls and ceilings
and be provided with a fire-retarded, self-closing door. In any such
residence two stories or less in height, the ceiling of the cellar
or lowest story shall be fire retarded over the boiler and hot-water
heater for a distance of four feet in all directions.
(2)
In every dwelling erected after July 1, 1952, the boiler or furnace
room shall be enclosed in a fire-resistant room or space having at
least a two-hour rating and all openings therefrom to other portions
of the residence shall be equipped with the required rated doors and
assemblies with doors self-closing.
EE.
Awnings/canopies. Awnings and canopies on or connected to a multiple
residence shall be of incombustible material or rendered safe against
fire.
FF.
Cleaning of heating equipment. Before the starting of the heating
system, the owner of every multiple residence shall have all heating
units checked, cleaned and adjusted, including the cleaning of all
smoke pipes, flues and chimneys. All defects are to be repaired prior
to the operation of such heating system.
GG.
Garden-type maisonette apartments. Every one- or two-family unit
of a garden-type maisonette dwelling shall be separated from all other
units by an unpierced partition constructed of material having a fire-resistive
rating of at least one hour, and such partition shall extend from
the first floor above the basement or cellar of the dwelling to the
top of the roof boards in such a manner as to prevent the passage
of fire, smoke or gases between units. Cellar ceilings throughout
shall be fire retarded.
HH.
Balloon framing. All balloon framing (open studding) must be fire-stopped
at both the basement and attic levels. The firestopping may be done
by packing openings tightly with rolled mineral or glass wool insulation
or by covering such openings with two-inch-thick wood blocks, fitted
snugly and well nailed, or by a combination thereof.
II.
Wired glass in doors and windows.
(1)
Doors for openings in fire wall shall be constructed without any
glass.
(2)
Doors for openings in fire partitions may be constructed with glass,
provided they meet the fire-resistive requirements for such doors.
(3)
Doors for openings in fireproof partitions may be constructed with
a total maximum exposed area of wired glass of 720 square inches.
(4)
Doors for openings in stair enclosures may be constructed with vision
panels having a maximum exposed area of wired glass of 100 square
inches and a maximum dimension of 12 inches. Such vision panels shall
be glazed with two thicknesses of wired glass with an airspace between.
(5)
All wired glass shall be at least 1/4 inch thick, enclosing a layer
of wire fabric reinforcement. Such reinforcement shall have a maximum
mesh of 7/8 of an inch, and the size of the wire shall be at least
No. 25 steel wire gauge or shall be of equivalent fire-resistive qualities.
Such wired glass shall be set at least 5/8 inch into the frame.
(6)
Wired glass in fire windows shall have a fire-resistive rating of
at least 3/4 hour.
JJ.
Incinerators.
(1)
Incinerators, where permitted, shall be constructed and maintained
in accordance with the New York State Building Code in addition to
those requirements of the Town of Hempstead pertaining thereto.
(2)
Spark-arrester screens shall be at least twelve-gauge stainless steel
wire with three-fourths-inch mesh.
(3)
Service openings into the chute shall be equipped with approved self-closing
hoppers so constructed that the chute or flue is closed off while
the hopper is being charged, and that no part will project into the
chute or flue. The area of the service opening shall not exceed 1/3
of the area of the chute or flue.
(4)
It shall be unlawful for an incinerator opening here-after installed
to open directly on a required means of egress, unless such opening
is cut off from such means of egress by a self-closing protective
assembly having a fire-resistive rating of at least one hour.
(5)
It shall be unlawful to throw carpet sweepings containing naphthalene,
camphor balls or flakes; floor scrapings; oil-soaked rags; empty paint
cans, pressurized cans or any other inflammable or highly combustible
substance, into any incinerator chute or opening.
(6)
There shall be continuously and conspicuously posted on every door
opening into a space in which there is located any service opening
into an incinerator, and also on the wall directly over the hopper
opening into such incinerator, a sign containing the following: "THROWING
OILY RAGS, EMPTY PAINT CANS OR ANY OTHER INFLAMMABLE OR HIGHLY COMBUSTIBLE
SUBSTANCE INTO THIS INCINERATOR IS UNLAWFUL."
(7)
Signs shall consist of the following:
(a)
Signs on doors leading to the service openings shall be not
less than eight inches wide and not less than three inches high, and
shall have letters not less than 1/4 inch high.
(b)
Signs placed on walls over the hopper shall be not less than
10 inches wide and four inches in height, and shall have letters not
less than 5/16 of an inch high.
(c)
Lettering of signs shall be in red and background shall be in
white.
(d)
Signs on doors shall be located on hall side and approximately
five feet above the floor.
(e)
Signs shall be durable and substantially secured to the door
or wall, and lighting shall be sufficient to make signs legible at
all times.
(9)
Weekly maintenance shall consist of:
(a)
Removal of accumulated fly ash from bypass flue.
(b)
Inspection of hopper doors for tightness of fit.
(c)
Inspection of spark arrester for cleanliness and repair.
(d)
Removal of accumulated fly ash from roof baffle chamber.
(e)
Inspection of the condition of all refractory. All repairs or
malfunctioning of equipment or deterioration shall be corrected before
such incinerator may be used.
KK.
Elevators, dumbwaiters and escalators shall be maintained in proper
working order; and elevators and escalators shall be tested whenever
necessary: but at least once a year all working parts shall be tested
by a reliable company whose sole business is installation, repair
or service of elevators or escalators, who shall certify in writing
to the Building Department of the Town of Hempstead that such device
is in a safe and operable condition.
LL.
Hazardous-business occupancy. No business occupancy shall be permitted
in any multiple residence which is of a hazardous nature. If there
is any change in business occupancy different from that originally
approved, in which the floor loads might exceed those for which the
building was initially designed, the owner, lessee, tenant or occupant
shall notify the Building Department before occupancy, for certification
as to such use.
MM.
Waste receptacles. The owner, lessee or person in charge of every
multiple residence shall provide and keep upon the premises proper
and separate metal receptacles for the deposit of ashes, rubbish,
garbage, refuse and other waste materials of sufficient capacity,
and such shall be removed daily from such premises.
NN.
Cleanliness.
(1)
The owner of every multiple residence shall keep all and every part
thereof, the lot on which it is situated, and the roofs, yards, courts,
passages, areas or alleys appurtenant thereto, clean and free from
vermin, dirt, filth, garbage or other thing or matter dangerous to
life or health.
(2)
The owner of every multiple residence shall be responsible, to the
satisfaction of the officer charged with the enforcement of this section,
for the cleanliness of every public part thereof, including every
room, passage, stair, floor, window, door, wall, ceiling, water-closet
or toilet compartment, cesspool, drain, hall and cellar in such public
part.
(3)
All carpets and rugs which are permitted in any public part of a
multiple residence shall be taken up for cleaning, if possible; but
regardless, shall be cleaned by the owner at least once a year or
more often as the enforcing officer deems necessary.
(4)
Any tenant shall be punishable for existence of conditions within
his apartment to the extent that such conditions are caused by him,
by members of his family or household, or by his guests, and are under
his control; but this provision shall not be construed to relieve
the owner of any liability or duty under this section, except where
a violation is caused and continued solely by the tenant or those
under his control.
OO.
Bells. Whenever bells are installed at the entrance to any multiple
residence or at any door of an individual apartment in a multiple
dwelling, they shall be kept in good working order.
PP.
Mail. Whenever the owner of a multiple residence has not arranged
for mail to be delivered to occupants thereof by himself, his agent
or employees, arrangements shall be made for the delivery of such
mail in conformity with regulations of the Post Office Department.
QQ.
Resident janitor or superintendent. Whenever there are 12 or more
families occupying any multiple residence or a group of multiple residences
which are connected or adjoining and are under the same ownership,
and the owner does not reside therein, there shall be a janitor, superintendent
or other responsible person on behalf of the owner who shall reside
within such dwelling or within a radius of 1/2 mile of such dwelling
and shall have charge of maintenance of such dwelling. However, the
one-half-mile radius provision shall not prevail where the total number
of families occupying any single or group of multiple residences is
in excess of 25.
RR.
Repair. Every multiple residence, including its roof and every part
thereof and the lot upon which it is situated, shall be kept in good
repair. The owner shall be responsible for compliance with all provisions
relating to multiple residences; but the tenant also shall be liable
if a violation is caused by his own willful act, assistance or negligence
or that of any member of his family or household, or his guest. Any
such persons who shall willfully violate or assist in violating any
provisions pertaining to multiple residences shall jointly and severally
be subject to a summons. Whenever the light, ventilation or any matter
or thing in or about a multiple residence or part thereof, or in or
about the lot on which it is situated, is, in the opinion of the officer
charged with the enforcement of the State Multiple Residence Law,
and Codes, in a condition, or in its effect, dangerous to life or
health, such officer may order or cause any such light, ventilation,
matter or thing to be repaired or improved, or take such other action
as deemed necessary to remove such danger to life or health.
SS.
Painting of new fire escapes. Every new fire escape shall be painted
with two coats of paint. The Building Department requires these two
coats to be applied in contrasting colors, the first coat at the shop
before erection and the second coat after erection. Existing fire
escapes shall be scraped and repainted whenever deemed necessary,
in a manner satisfactory to the Building Department. Notice shall
be given by the owner to the Department prior to painting of fire
escapes.
TT.
Fire escapes. No iron bars, gates or other obstructing devices will
be permitted on any window giving access to fire escapes. There shall
be no encumbrances placed nor permitted to be maintained on any part
of a fire escape, nor shall any wires, wash lines, aerials, antennas,
etc., be permitted to be secured thereto.
UU.
Receptacles on window sills, etc. It shall be unlawful to place or
keep any receptacles for the retention of flowers or other articles
on any window sill, railing, balcony, porch top or other projections
above a street, sidewalk or passageway, unless such receptacle is
securely fastened or is protected by an iron railing so as to prevent
the falling of such receptacle.
VV.
Filter or mixing rooms. Any filter or mixing room which is used in
the process of purification of water for swimming pools located in
or on the same premises as a multiple residence shall not be permitted
in such residence if such chemicals, compounds or gaseous material
used are of a highly combustible or hazardous nature or if the combination
or admixture of such chemicals with other compounds used or dissolved
in water will generate or give off gases of a dangerous or hazardous
nature as defined by the National Board of Fire Underwriters or other
nationally recognized laboratory.
WW.
Refrigeration systems. It shall be unlawful to install or maintain
a refrigerating system employing a highly irritant, highly flammable
or toxic refrigerant in any multiple residence.
XX.
Combustible and hazardous materials. It shall be prohibited:
(1)
To accumulate or store on residential premises, except in approved
locations, any highly inflammable or explosive matter, such as paints,
volatile oils, cleaning fluids and similar materials, or any combustible
refuse liable to spontaneous combustion, such as wastepaper, boxes,
rags or similar materials.
(2)
To accumulate or store materials on fire escapes or stairs, in stairways
or passageways, at doors or windows, or in any other locations where
in the event of fire such materials may obstruct egress of occupants
or interfere with fire-fighting operations.
A.
The provisions of this section shall apply to all multiple residences used or arranged to be occupied for single-room occupancy as defined in § 88-1, and shall apply to all existing or converted dwellings used for this purpose. All provisions of this section shall apply in addition to any other requirements which are definitely provided in other sections of this code, as well as those contained in the New York State Multiple Residence Law, Chapter 36 of the New York State Labor Law, or any applicable rule or ordinance of the Town of Hempstead.
B.
Conditions and regulations.
(1)
Whenever any owner or tenant of any apartment in a multiple residence
shall rent such apartment or any part thereof to more than two boarders,
roomers or lodgers, such renting shall constitute a use of such apartment
for single-room occupancy.
(2)
It shall be unlawful for the owner or tenant of any multiple residence
to rent any apartment therein for single-room occupancy, or to cause
or permit any apartment so rented or any portion thereof to be used
for single-room occupancy, without a permit.
C.
General requirements. It shall be unlawful to occupy any frame multiple
residence more than two stories in height for single-room occupancy.
It shall be unlawful to occupy any other existing Class A dwelling
or part thereof as a rooming house or furnished-room house or for
single-room occupancy, unless such dwelling or part conforms to the
provisions of this section and to such other provisions as were applicable
to such dwelling before such conversion. This section shall not be
construed to prohibit the letting by a family of one or more rooms
within their apartment to not more than two boarders, roomers or lodgers,
provided, however, that every room in such apartment shall have free
and unobstructed access to each required exit.
E.
Egress.
(1)
No room in any apartment shall be so occupied unless each room therein
shall have free and unobstructed access to each required means of
egress from the dwelling without passing through any sleeping room,
bathroom or water-closet compartment.
(2)
There shall be access to a second means of egress within the apartment
without passing through any public stair or public hall. In lieu of
such secondary egress, every stair hall, public hall and every hall
or passage within an apartment shall be equipped on each story with
one or more automatic sprinkler heads, installed in accordance with
Rule 5 of the Multiple Residence Law.
(3)
Where access to a required means of egress is provided through a
room, such access shall be through a clear opening at least 30 inches
wide extending from floor to ceiling, and such opening shall not be
equipped with any door or door frame or with any device by means of
which the opening may be closed, concealed or obstructed.
(4)
All doors opening into a public hall or required stair, from any
room, shall be fireproof and self-closing.
(5)
All doors opening from any room to any hall or passage within an
apartment shall be self-closing, and all transoms within an apartment
shall be permanently closed. All plain glass shall be removed from
such doors and transoms and replaced with wired glass, wood or other
nonshatterable material.
(6)
Directly over the opening to every required means of egress within
an apartment, there shall be a sign marked "FIRE EXIT" as approved
by the Building Department, and lighted by a red light at all times
to indicate clearly the location of the means of egress; and on the
walls of any hall or passage within the apartment leading to such
means of egress, there shall be maintained, at all times, directional
signs indicating the location of the fire exit.
(7)
Every hall or passage within an apartment shall be unobstructed and
shall be illuminated by sufficient natural or artificial light to
permit a person to read the average print used in a daily newspaper.
(8)
All wood wainscoting, except a baseboard, shall be removed from every
hall or passage within an apartment.
F.
Sprinkler system. In every dwelling which is not fire-proof, every
hall or passage within an apartment shall be equipped with a sprinkler
system which shall be extended so as to have at least one sprinkler
head in every room.
G.
Interior fire alarm system. There shall be provided in each such
dwelling an adequate and reliable fire alarm system approved by the
Building Department, by means of which alarms of fire or other danger
may be instantly communicated to every portion of the dwelling. Where
a fire-detecting system is installed throughout the building which
actuates an interior fire alarm system, or where an automatic sprinkler
system is installed throughout the building which actuates an interior
fire alarm system by the flow of water through such sprinkler system,
a watchman need not be provided as hereinafter required.
H.
Bulkhead. There shall be a fire-retarded bulkhead in the roof connecting
directly with the highest portion of any stairway to the roof; such
bulkhead shall contain a fireproof, self-closing door and assembly.
Stairs leading to such bulkheads shall be at least fire retarded.
I.
Cooking. Cooking shall be legally permitted only in designated kitchen
and cooking spaces. Any gas fixture in such space shall be connected
with permanent, rigid piping. The use of any cooking apparatus in
any sleeping room is unlawful.
J.
Heating.
(1)
There shall be a central-heating system adequate to heat every sleeping
room. The use of any movable heating apparatus in any sleeping room
is unlawful.
(2)
Boiler rooms shall be completely enclosed with in-combustible materials
having a fire-resistive rating of at least one hour and shall be provided
with a fireproof, self-closing door. An emergency switch with designating
switch plate shall be located immediately outside such boiler room.
A ten-pound CO2 or equivalent-type fire extinguisher shall be provided
and located as determined by the officer charged with the enforcement
of this section. Natural ventilation shall be secured from the exterior
of the building.
K.
Bath, basin and water closet.
(1)
Every apartment shall have at least one bath or shower, one washbasin
and one water closet for each six adult persons who may lawfully occupy
the rooms in such apartment. If additional baths or showers or water
closets are installed within an apartment in order to comply with
the provisions of this paragraph, each such water closet shall be
in an enclosure separate and apart from every bathroom or shower room,
and each such bath or shower shall be in an enclosure separate and
apart from every water closet.
(2)
There shall be access to each required water closet and bathroom
without passing through any sleeping room, except that any water closet,
washbasin or bathroom which connects directly with any sleeping room
shall be deemed to be available only to occupants of such room and
shall not be included in the computations for the required number
of water closets and bathrooms.
(3)
When the number of occupants of such dwelling is 11 or more, there
shall be provided in such dwelling a laundry tub and facilities for
drying clothes.
L.
Cleaning: rooms, furniture, etc. Every room rented for single-room
occupancy and all furniture and bedding shall be thoroughly cleaned
before occupancy and every sleeping room at least once a week thereafter.
When bed linens are provided, they shall be changed at least once
every week. When the rent includes the use of towels, at least one
bath and two hand towels shall be provided every week for each occupant.
Such cleaning and service shall be the exclusive obligation of the
person from whom the occupant rents.
M.
Cleaning dwellings. Except as in Subsection L above, the owner shall maintain the dwelling as herein prescribed.
N.
Manager. The owner living on the premises or a competent manager
living on the premises shall be responsible for the conduct, operation
and maintenance of the dwelling.
O.
Watchman. There shall be provided at all times a competent watchman's system, complying with Article 4 of the Multiple Residence Law, when the number of sleeping rooms exceeds 30, except as provided in § 88-13G.
P.
Minimum rental period. It shall be unlawful to rent any room in any
such dwelling for a period of less than one week.
Q.
Registration of occupants. In each such dwelling, a register shall
be kept which shall show the name, signature, residence, date of arrival
and date of departure of each occupant and the room occupied by him.
A.
The provisions of this section shall supplement the requirements of Article 4 of the Multiple Residence Law of the State of New York, and shall apply to all Class B multiple residences used or arranged to be occupied transiently, and shall include hotels, lodging houses, dormitories, boarding and nursery schools, sorority houses, fraternity houses and rooming houses. Conval scent, old-age and nursing homes shall comply with § 88-15 in addition to this section.
B.
Emergency lighting. In every hotel or similar dwelling in which there
is a place of public assembly having a capacity of 200 or more persons,
and in all public hallways on each floor, there shall be installed
and maintained, in addition to the principal lighting system, an independent
substitute system powered by a source of electricity other than that
of the principal system, which shall be arranged to operate automatically
upon failure of the electric current to provide a distinct illumination
for a period of 30 minutes of all exitways and aisles. A light intensity
of 0.5 footcandle at floor or ground level shall be deemed distinct
illumination within the meaning and intent of this section.
C.
Storage compartments. All spaces in or within 30 feet of the dwelling
where inflammable or combustible materials are stored must be equipped
with a sprinkler or fire-detection system.
D.
Kitchens and pantries.
(1)
All kitchens and pantries serving restaurants or dining rooms in
any transient dwelling shall be equipped with an automatic sprinkler
system or a fire-detection system. Where such kitchens and pantries
are located at least 30 feet from such dwelling, no sprinkler or fire-detection
system shall be required.
(2)
Where a kitchen or service pantry is used in connection with a place of public assembly, it shall be separated from such place of assembly by construction having a fire-resistive rating of at least one hour. All doors from such area shall be at least one-hour fireproof, self-closing doors. Such doors may have a vision panel of wired glass and shall meet the specifications as defined for wire glass in § 88-12II(4) and (5). Interior openings other than doors shall be provided with automatic fire dampers or fire shutters.
E.
Interior fire alarm system. In every transient dwelling containing
20 or more sleeping rooms for transient occupancy, there shall be
an interior fire alarm system so installed and maintained that it
can be operated manually from any floor to sound an alarm or alarms
capable of being heard clearly in all parts of the dwelling. Such
alarm system shall be installed, arranged and maintained pursuant
to Rule 1 of the State Multiple Residence Law.
F.
Watchman. In every fireproof dwelling containing 50 or more rooms
used for living or sleeping purposes by transient occupants, and in
every such non-fireproof dwelling containing 30 or more such rooms,
the owner shall employ one or more watchmen or clerks whose duty it
shall be to visit every portion of the dwelling at frequent intervals,
between the hours of 11:00 p.m. and 7:00 a.m., for the purpose of
detecting fire or other sources of danger and giving immediate and
timely warning thereof to all the occupants. There shall be provided
a watchman's clock system or other device to record the movements
of such watchman. Such system shall be installed, supervised and maintained
in accordance with Rule 3 of the State Multiple Residence Law. However,
the provision of this subdivision shall not apply when throughout
the dwelling a closed-circuit automatic, thermostatic, fire-detecting
system is installed or where throughout the dwelling an approved-type
automatic sprinkler system is installed which actuates a fire alarm
by the flow of water through such system. If at any time any one of
the foregoing protective devices is inoperative or undergoing repair,
it shall be the responsibility of the owner or person in charge to
provide a temporary watchman's service until such time as the
protective system is placed in satisfactory normal operation.
G.
Shafts and elevators. It shall be the responsibility of the owner
or operator of every building coming under the jurisdiction of this
section to have all elevator and other shafts kept free and clear
of any accumulation of grease, debris or combustibles, and such removal
shall be done when necessary but not less than four times a year.
H.
Switchboard operators. It shall be the responsibility of the owner
or operator of every building coming under the jurisdiction of this
section, in which a telephone switchboard is maintained or operated,
to acquaint all such operators with the necessary steps and procedure
to follow in event of a telephone report of fire or other danger.
In addition, such procedure shall be posted at or near the switchboard.
No person shall be permitted to operate such switchboard until they
have been duly instructed on such procedure.
I.
Fire training of personnel. It shall be the responsibility of the
owner or operator of every building coming under the jurisdiction
of this section to have personnel trained in the procedure for reporting
verbal or visual signs of fire or other danger and in the operation
of all fire-extinguishing appliances provided on the premises.
J.
Where second means of egress not required. In two-story transient
dwellings, except nursing and convalescent homes, homes for the aged
and boarding and nursery schools or similar occupancies, such secondary
means of egress shall not be required, provided that the first means
of egress shall be an interior stair closed off at top and bottom
with fireproof, self-closing doors and the dwelling contains less
than 20 sleeping rooms and the sills of the second-story windows do
not exceed 14 feet in vertical height above the ground or other safe
landing place immediately below such window sills.
K.
Cellar ceiling. The ceiling of the cellar shall be completely fire
retarded or the entire cellar ceiling shall be equipped with a complete
sprinkler or fire-detection system. In addition to such fire retarding,
sprinkler or fire-detection system, any room within the dwelling in
which a boiler or furnace is used for generating heat or hot water
to service the dwelling shall be enclosed with fire-retarded partitions
and every door opening therefrom and its assembly shall be fireproof
and self-closing. The ceiling of such room shall also be fire retarded
or equipped with a sprinkler or fire-detection system.
A.
The provisions of this section shall supplement the requirements
of Article 4 of the Multiple Residence Law of the State of New York
and the Town of Hempstead, and shall apply to all nursing, rest, convalescent,
old-age homes and similar dwellings. Variations of this section for
mental institutions shall be made by the enforcing officer commensurate
with the conditions existing.
B.
Display of Health Department license. Operators of all multiple residences
included under this section shall be required to prominently display,
at or near the reception desk, the current required license to operate,
as issued by the Nassau County Department of Health.
C.
Additions or conversions to existing buildings. Each addition to a new or existing building which has been lawfully converted shall be such that the entire resulting building conforms to the requirements of new buildings, or the addition shall be separated from the older structure by a noncombustible fire partition having a fire-resistive rating of at least two hours. Each communicating opening in such fire partition shall be protected by a self-closing fire door having a fire-resistive rating of at least 1 1/2 hours. Such doors may have vision panels of wired glass, provided such glass maintains the same fire-resistive rating as the door and is installed in accordance with § 88-12II.
D.
Occupancy.
(1)
Occupancies not under the control and management nor necessary to
the administration of such institutions or homes are prohibited therein,
except for residence facilities for personnel or management required
by the administration to live in such building:
(2)
Patients shall not be permitted to sleep in basements or cellars.
(3)
Personnel shall not have living or sleeping quarters in cellars.
(4)
Nonambulatory patients shall not be placed above the first floor
unless the building is of fireproof construction and completely sprinklered.
E.
Capacity of institution. The number of patients occupying such institution
shall be limited to the number as listed in the Statement of Registry
approved by the officer charged with the enforcement of this section.
F.
Halls, stairways, passageways, etc. All halls, stairways, passageways,
including those to cellar and attic, shall be enclosed with approved
fire-resistive partitions and with self-closing fireproof doors at
all levels.
G.
Ramps. Exterior ramps may be permitted, provided they are at least
44 inches wide and have handrails on each side and have a maximum
slope of one in 12 inches.
H.
Painting. All rooms, halls, stair- and passageways shall be painted
with a fire-retardant paint having a flame spread of not more than
"25." A manufacturer's paint certificate shall be submitted to
the Building Department stating the name of paint used, where applied
and the flame-spread rating.
I.
Doors.
(1)
No locks shall be installed on patient-room doors, except in mental
institutions under such conditions as permitted by the officer charged
with the enforcement of this section.
(2)
In buildings hereafter converted or erected, all doorways to patient-occupied
spaces, all doorways between patient-occupied spaces and the required
exits, and all exit doorways shall be at least 44 inches in clear
width.
(3)
Revolving doors shall not be counted as required exits and may only
be located at main entrances where not subject to emergency use by
patients.
(4)
Every patient-sleeping room, unless it has a door leading directly
outside of the building, shall have at least one outside window which
can be readily opened from the inside and of such size as to be usable
in an emergency.
(5)
All doors to patients' rooms shall be self-closing and may be
provided with a clear, one-fourth-inch plateglass vision panel.
(6)
There shall be provided outside landings at least six inches greater
on each side than the width of the exit doors and equivalent in depth
to at least the swing of the door.
(7)
All required exit doors shall be provided with panic hardware or
nonlockable hardware so as to permit such doors to be readily opened
from the inside. Exit doors shall open outwardly and there shall be
no obstructions to such doors at any time. There shall be an exterior
light fixture at each exit and shall be kept lighted between sunset
and sunrise.
(8)
Doors and openings to shafts, laundry chutes, dumbwaiter shafts,
etc., shall be fireproof and self-closing.
J.
Smoke doors. Smoke doors shall be required for every 100 feet of continuous travel of every hall or passageway. Such doors shall be fireproof and self-closing, having a fire-resistive rating of at least one hour. They may be double swinging, and there shall be installed clear wired glass vision panels of the same rating as the door and of such size and material as required in § 88-12II.
K.
Basement or cellar ceilings. Such ceilings shall be covered with
fire-retarding material having a fire-resistive rating of at least
one hour, in addition to the automatic sprinkler or fire-detection
system required.
L.
Combustible and hazardous materials. The storage of combustible or
hazardous materials, or those deemed by the officer charged with the
enforcement of this section to be, or likely to create, a hazardous
or unsafe condition, shall be prohibited to be stored in any building
to which this section refers. Such storage, however, may be on the
same premises if, in the opinion of the officer, it is so located
and stored so as not to create a hazard or potential danger to such
institution.
M.
Hazardous areas.
(1)
Boiler or furnace rooms shall be enclosed with at least one-hour
fire-resistive materials and all openings between such rooms and other
areas shall be protected by a fireproof, self-closing door.
(2)
Hazardous areas or other areas with contents which may easily ignite,
burn with intense flame or result in the projection of dense smoke
and fumes shall be separated from other parts of the building by construction
having a fire-resistive rating of at least one hour, with openings
protected with a fireproof, self-closing door, or in lieu of construction
only, shall be protected by an approved automatic sprinkler or fire-detection
system. Closets, rooms or spaces used for storage of combustible supplies
and equipment such as brooms, insecticides, furniture, floor wax,
mattresses, mops, paint and similar articles shall be considered as
hazardous areas within the meaning of this section.
N.
Automatic fire protection.
[Amended 1-27-1970 by L.L. No. 5-1970, effective 1-30-1970]
(1)
Automatic sprinkler system.
(a)
Every portion of an existing building which is not of Type 1
or Type 2 construction, as defined by the New York State Building
Construction Code, shall be protected by an automatic sprinkler system
from cellar to attic, including all rooms and storage spaces.
(b)
Every portion of a building hereafter erected and every addition hereafter erected to an existing building, and every building hereafter converted to such use, shall be protected as required in Subsection (a) above.
(c)
Every automatic sprinkler system shall be installed and maintained
in accordance with the requirements of the New York Rating Organization
of the New York Board of Fire Underwriters, and a permit shall be
secured from the Department of Buildings prior to installation.
(d)
Every automatic sprinkler system shall be connected to the fire
alarm system of the local Fire Department where permitted by such
Department.
(e)
Every automatic sprinkler system shall be maintained in operating
condition at all times, and if such system is disconnected or inoperative
for any cause, the local Fire Department and the Department of Buildings
shall be notified immediately upon interruption and upon restoration
of such system.
(f)
An existing automatic sprinkler system, as required herein,
may be accepted by the Commissioner of Buildings if, in his opinion,
such system is satisfactory and adequate.
(g)
An Underwriters' certificate shall be required by the Department
of Buildings for any electrical work performed in conjunction with
the installation of an automatic sprinkler system or for any electrical
repairs, additions or extensions thereto.
(h)
The installation of required automatic sprinkler systems in
existing buildings, as specified in Subdivision (a) of this section,
shall be effective on July 1, 1970; all other required automatic sprinkler
system installations shall be approved by the Department of Buildings
prior to occupancy or use.
(2)
Automatic fire-detection system.
(a)
Every portion of an existing building which is of Type 1 or
Type 2 construction, as defined by the New York State Building Construction
Code, shall be protected by an automatic fire-detection system or
by an automatic sprinkler system from cellar to attic, including all
rooms and storage spaces.
(b)
Every automatic fire-detection system shall be installed and maintained in conformity with Rule 2 of the New York State Multiple Residence Law, and a permit shall be secured from the Department of Buildings prior to installation. Every automatic sprinkler system shall conform to the requirements of Subsection (1) above.
(c)
Every automatic fire-detection system shall be connected to
the fire alarm system of the local Fire Department where permitted
by such Department.
(d)
Every automatic fire-detection system shall be maintained in
operating condition at all times, and if such system is disconnected
or inoperative for any cause, the local Fire Department and the Department
of Buildings shall be notified immediately upon interruption and upon
restoration of such system.
(e)
An existing automatic fire-detection system or automatic sprinkler
system may be accepted by the Commissioner of Buildings if, in his
opinion, such system is satisfactory and adequate.
(f)
An Underwriters' certificate shall be required by the Department
of Buildings for any electrical work performed in conjunction with
the installation of either an automatic fire-detection system or an
automatic sprinkler system or for any electrical repairs, additions
or extensions thereto.
(g)
The installation of either required automatic fire-detection
systems or automatic sprinkler systems, as specified in Subdivision
(a) of this subsection, shall be effective immediately; all other
required installations shall be approved by the Department of Buildings
prior to occupancy or use.
O.
Interior fire alarm system. Every home or institution shall be equipped
with an interior fire alarm system consisting of sending stations
and sounding devices as provided in Rule 1 of the New York State Multiple
Residence Law. Each system shall be tested daily and all fire alarm
boxes and sounding devices tested monthly and kept in working order
at all times. Records shall be kept and available as to time and date
such tests were made and by whom.
P.
Telephone communication to local Fire Department. All personnel shall
be instructed to immediately notify the local Fire Department in the
event of fire or smoke conditions, regardless of the extent of such
condition. The telephone number and instructions shall be conspicuously
posted at all telephones within the building.
Q.
Fire drills: personnel.
(1)
All personnel shall be duly trained and instructed in the duties
required for an orderly, rapid evacuation in the event of a fire,
the necessary procedure in communicating and transmitting an alarm
of fire, and the use and operation of all fire-fighting appliances
provided on the premises.
(2)
A monthly test shall be held at different times and shall include
all employees.
(3)
The operator of such home shall be charged with the responsibility
of conducting and recording such drills and the instruction and assignment
of such duties for all new and regularly assigned personnel.
R.
Fire-fighting appliances.
(1)
All fire-fighting appliances shall be provided and located as required
by the officer charged with the enforcement of this section, and shall
be immediately made serviceable after use. All extinguishers shall
be checked and serviced annually and shall be tagged showing the date
and name of person or company providing this service.
(2)
Fire extinguishers shall bear the Fire Underwriters' label and
shall be so located on each floor that a person will not have to travel
more than 75 feet from any point to reach the nearest unit. At least
one unit shall be required for each 2,500 square feet of floor area
or fraction thereof. Additional fire extinguishers shall be installed
in each kitchen, workshop, cellar and basement storeroom and shall
be approved for the specific type of hazard present in such areas
as determined by the officer charged with the enforcement of this
section.
S.
Attendant or watchman. There shall be in attendance, on a twenty-four-hour
basis, at least one dependable attendant or watchman, of ample agility
and physical fitness, whose sole duty shall be to make regular and
frequent inspections of all parts of such building from attic to cellar.
Such attendant or watchman shall be sufficiently trained in reporting
all signs and indications of fire or other dangers and capable of
using all fire-fighting equipment provided on the premises.
T.
Emergency lighting. Automatic emergency lighting shall be installed
in all halls, stairways and assembly rooms that in the event of the
failure of the regular lighting system, such emergency lighting will
automatically operate and continue to operate for a period of not
less than 30 minutes. Such system shall be maintained in an operable
condition at all times and shall be tested at least once a month and
records kept and available for inspection.
U.
Exits. At least two exits shall be provided from each occupied floor
and basement.
V.
Exits and directional signs. Illuminated exit and directional signs
shall be provided for each required exit doorway.
W.
Fire escapes. All fire escapes required shall be approved by the
Building Department and shall be maintained in safe, operable condition,
free of rust, snow, ice or any encumbrances. Such fire escapes shall
be repainted when necessary or as ordered by the officer charged with
the enforcement of this section. Straight-run fire escapes are the
only type permitted; drop ladders are prohibited.
X.
Openings adjacent to fire escapes, etc. All glazed openings which are on the same level as any fire escape balcony or below a stair or fire escape and within a horizontal distance of 10 feet shall be provided with wire glass as required in § 88-12II.
Y.
Heating and air conditioning.
(1)
Only central heating shall be permitted and all parts of such system
shall be maintained in a clean, safe and operable condition at all
times. Prior to the start of the heating season, all parts shall be
thoroughly cleaned, checked and adjusted and flue pipes and chimney
connections cleaned and made airtight. All chimneys shall be cleaned
annually.
(2)
Central air-conditioning units shall be located remote and separated
from all parts of such institutions, and such necessary protection
shall be provided as required by the officer charged with the enforcement
of this section. The use of any highly flammable, highly irritant
or toxic refrigerants in air-conditioning units will not be permitted
in the same building housing the institution; and if such are used,
it shall be located in a separate building and the circulating system
shall be of the indirect type. Such installations shall be approved
by the Building Department and tested in the presence of a representative
of this Department before acceptance is given.
Z.
Flameproofing. All drapes, curtains, decorations, floor coverings
and acoustical material in all parts used by occupants or visitors,
if not of noncombustible material, shall be rendered safe against
fire by flameproofing in accordance with the requirements of the National
Board of Fire Underwriters. Such flameproofing certificate shall be
submitted to the Building Department. Freshly cut flowers, decorative
greens or living vegetation which do not contain pitch or resin are
permitted in any part of such institution. During the Christmas season,
one nonflameproof Christmas tree may be permitted in the entrance
foyer or sitting or social room, provided that it shall be kept fresh
and not permitted to dry out; the base shall be immersed in water;
only approved noncombustible ornaments are used; electric lights shall
bear the Underwriters' label and shall be so installed as not
to overload the circuit, and an approved two-and-one-half-gallon soda-and-acid
or loaded-stream fire extinguisher shall be located within 15 feet
and clearly visible. Such tree may be maintained only between December
23 and January 2.
AA.
Smoking.
(1)
Smoking shall be prohibited in any room where flammable liquids,
combustible gases or oxygen are used or stored and in any other hazardous
locations. Such areas shall be posted with no-smoking signs.
(2)
Smoking by patients shall be strictly regulated and only when a responsible
nonpatient is present and in the room.
(3)
Ashtrays of noncombustible materials shall be provided in all areas
where smoking is permitted. Metal containers with self-closing covers
shall be provided for the disposal of contents of ashtrays, and the
emptying of ashtrays into open wastepaper containers is prohibited.
A.
Registry of owner. Every owner of a multiple residence in the Town
of Hempstead shall be required to register such building with the
Building Department on such form or forms as prescribed by the Manager
of such Department. A new form shall be filed whenever there is a
change of ownership, and it shall be the responsibility of the new
owner to see that such form is filed within a period of 30 days from
the date of taking title.
B.
Registry fee.[1] On or after the effective date of this subsection, every
owner or prospective owner of a Class A or Class B multiple residence,
as defined in this chapter, which is presently within the town, or
which may hereafter be erected therein, shall be required to register
said multiple residence with the Department of Buildings annually
and pay an annual fee based upon the number of dwelling units. The
annual registration fee for a multiple residence shall be $30 for
up to and including 10 units, and $2.50 per unit thereafter for the
year in which the registration fee is paid, without proportion, payable
to the Town of Hempstead on or before September 1 each year.
[Amended 3-16-1982 by L.L. No. 24-1982, effective 3-22-1982; 8-24-1982 by L.L. No.
85-1982, effective 8-30-1982; 10-20-1987 by L.L. No. 87-1987, effective 10-29-1987]
C.
Permits.
(1)
It shall be unlawful to commence the construction or alteration of
a multiple residence or any part or section thereof or of any building
or structure on the same lot with such a residence or the alteration
or conversion of a building for use as a multiple residence or the
moving of a residence from one lot to another, until an application
or plans have been filed in and a permit issued by the Building Department.
The Building Department shall have the power to charge and collect
a reasonable fee for each application filed and for each permit issued.
(2)
No person shall be recognized as the agent of the owner unless he
shall file with the Building Department a written instrument, signed
by the owner, designating him as such agent. Upon the filing of such
instrument, the person designated therein as such agent shall be deemed
to be and shall be known as the certified agent of the owner.
(3)
The owner of any multiple residence situated in the Town of Hempstead
who does not live or reside in such town shall be required to designate
and certify a responsible agent who shall live, reside or have a place
of business in the Town of Hempstead.
(4)
The Building Department shall have power to issue, refuse, revoke
or cancel any permit or approval in case of any failure to comply
with any of the provisions of this code or where any false allegation
or representation is made in any plans or statements submitted or
filed for such permit or approval. If such permit is refused, revoked
or canceled, the reason for such action shall be recorded by the Department.
(5)
All plans, statements and permits filed in the Building Department
shall be public records and shall not be destroyed or removed from
the Department.
D.
Certificate of occupancy.
(1)
No multiple residence shall be occupied in whole or in part until
the issuance of a certificate by the Building Department that said
residence conforms in all respects with the requirements of this code.
No such certificate shall be required for any multiple residence existing
on July 1, 1952, for which a certificate of occupancy was not required
before such date and in which no change or alterations commenced on
or after such date have been made except in compliance with this code,
and except that a certificate shall be required prior to July 1, 1957,
for any residence, the plans for the alteration or conversion of which
to multiple-residence occupancy were on file with the Department or
a permit authorizing such conversion was issued before such date and
for which a certificate of occupancy upon completion of such conversion
or alteration was not required before such date. This exception shall
not be deemed to relieve an owner from the obligation to make such
residence comply with the applicable provisions of this code.
(2)
Except as above provided, no residence constructed as or altered
or converted into a multiple dwelling on or after July 1, 1952, shall
be occupied in whole or in part until the issuance of a certificate
of occupancy.
(3)
The Building Department shall, on request of the owner or of his
certified agent, issue a certificate of occupancy for any old multiple
residence not requiring such certificate, provided that after an inspection
by the Department, no violations are found against such residence.
(4)
A certificate of occupancy shall be issued within 10 days after written
application therefor, if the residence shall be entitled thereto.
When the Building Department does not issue such certificate within
10 days, the Manager of the Building Department shall, on the request
of the owner or his certified agent, issue a temporary certificate
of occupancy for a multiple residence or a section or a part thereof
for a period of 90 days or less, provided that such certificate shall
bear the endorsement that the residence has been inspected by the
Department and complies with all the requirements of this code, and
that such temporary occupancy will not jeopardize life, health or
property. Such temporary certificate may be renewed at the discretion
of the Manager of the Building Department for similar periods, but
shall not extend, together with such renewals, beyond one year from
the date of its original issuance.
(5)
A certificate, a record in the Building Department, or a statement
signed by the Manager of the Department that a certificate has been
issued, may be relied upon by every person who in good faith purchases
a multiple residence or who in good faith lends money upon the security
of a mortgage covering such a residence. Whenever any person has so
relied upon such a certificate, no claim that such residence had not
prior to the issuance of such certificate, conformed in all respects
to the provisions of this code, shall be made against such person
or his successor in title or ownership with respect to such multiple
residence or mortgage, or against the interest of any such person
with respect thereto.
(6)
The owner or duly registered agent shall be required to file an application
for a special inspection of such multiple residence to determine that
such building complies with the Multiple Residence Law prior to the
granting of a certificate of occupancy. Such fee shall be set and
stipulated by the Town Board.
The following responsibilities of owners and occupants are in
addition to those specified elsewhere in the chapter:
A.
Every owner of a dwelling containing two or more dwelling units shall
be responsible for maintaining in a clean and sanitary condition the
shared or common areas of the dwelling and premises thereof.
B.
Every occupant of a dwelling or dwelling unit shall keep in a clean
and sanitary condition that part of the dwelling, dwelling unit and
premises thereof which he occupies and controls.
C.
Every occupant of a dwelling or dwelling unit shall dispose of all
his rubbish in a clean and sanitary manner by placing it in the rubbish
containers required in this code.
D.
Every occupant of a dwelling or dwelling unit shall dispose of his
garbage and any other organic waste which might be food for rodents,
in a clean or sanitary manner, by placing it in the garbage disposal
facilities or garbage containers required in this code.
E.
Every occupant of a dwelling unit shall be responsible for hanging
all screens except where the owner has agreed to supply such service.
F.
Every occupant of a dwelling containing a single dwelling unit shall
be responsible for the extermination of any insects, rodents or other
pests therein or on the premises; and every occupant of a dwelling
unit in a dwelling containing more than one dwelling unit shall be
responsible for such extermination whenever his dwelling unit is the
only dwelling unit within the dwelling that is infested. Notwithstanding
the foregoing provisions of this subsection, whenever infestation
is caused by failure of the owner to maintain a dwelling in a ratproof
or reasonably insectproof condition, extermination shall be the responsibility
of the owner. Whenever infestation exists in two or more of the dwelling
units in any dwelling or in the shared or common parts of any dwelling
containing two or more dwelling units, extermination thereof shall
be the responsibility of the owner.
G.
Every occupant of a dwelling unit shall keep all plumbing fixtures
therein in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care and the proper use and operation
thereof.
The designation of dwellings or dwelling units as unfit for
human habitation and the procedure for the condemnation and placarding
of such unfit dwellings or dwelling units shall be carried out in
compliance with the following requirements:
A.
Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation after due notice and hearing pursuant to § 88-3 of this chapter, and shall be so designated and placarded by the Manager of the Building Department.
(1)
One which is so damaged, decayed, dilapidated, insanitary, unsafe
or vermin-infested that it creates a serious hazard to the health
or safety of the occupants or of the public.
(2)
One which lacks illumination, ventilation or sanitation facilities
adequate to protect the health or safety of the occupants or of the
public as prescribed by the provisions of this code.
(3)
One which because of its general condition or location is insanitary
or otherwise dangerous to the health or safety of the occupants or
of the public.
B.
Any dwelling or dwelling unit condemned as unfit for human habitation
and so designated and placarded by the Manager of the Building Department
shall be vacated within a reasonable time as ordered by the Manager
of the Building Department.
C.
No dwelling or dwelling unit which has been condemned and placarded
as unfit for human habitation shall again be used for human habitation
until written approval is secured from and such placard is removed
by the Manager of the Building Department. The Manager of the Building
Department shall remove such placard whenever the defect or defects
upon which the condemnation and placarding action were based have
been eliminated.
D.
No person shall deface or remove the placard from any dwelling or
dwelling unit which has been condemned as unfit for human habitation
and placarded as such.
A.
In any case where a provision of this code is found to be in conflict
with a provision of any zoning, building, fire safety provisions or
health ordinance or code of this Town of Hempstead existing on the
effective date of this code, the provision which establishes the higher
standard for the promotion and protection of the health and safety
of the people shall prevail. In any case where a provision of this
code is found to be in conflict with a provision of any other ordinance
or code of this Town of Hempstead existing on the effective date of
this code which establishes a lower standard for the promotion and
protection of the health and safety of the people, the provisions
of this code shall be deemed to prevail, and such other ordinances
or codes are hereby declared to be repealed to the extent that they
may be found in conflict with this code.
B.
Variances or modifications.
(1)
It shall be within the province of the enforcing officer to vary
or modify any provisions of this code where the strict enforcement
of such code would affect the family unit and would be contrary to
public policy and welfare and cause undue hardship. Such variation
or modification shall be noted in the records pertaining to this occupancy
when approved by the department head.
(2)
Any dwelling or dwelling unit designated for rehabilitation and conservation
under an urban renewal plan of the Town of Hempstead, requiring variation
or modification from the provisions of this code, shall be approved
by the Board of Urban Renewal Review, which shall consist of three
members appointed by the Town Board, two of whom shall be the enforcing
officer and the Director of Urban Renewal, and the third shall be
a qualified citizen.
[Added 10-10-1967, effective 11-4-1967]
A.
Time for compliance. The inspecting officer shall stipulate such
necessary time for compliance with a notice of violation of this chapter.
Such period of time may vary depending, in his discretion, on the
severity of the violation. Extension of time for compliance may be
given by such officer where undue hardship exists or where extensive
repairs are required.
B.
Penalties.[2]
(1)
For any and every offense against the provisions of this chapter,
the owner, general agent or contractor of a building or premises where
such offense has been committed or shall exist, and the lessee or
tenant of an entire building or entire premises where such offense
has been committed or shall exist, or the owner, general agent, contractor,
lessee or tenant of any part of the building or premises in which
part such offense has been committed or shall exist, and the general
agent, architect, builder, contractor or any other person who knowingly
commits, takes part in or assists in any such offense or who maintains
a building or premises in which any offense shall exist, shall be
guilty of a violation punishable by a fine not exceeding $250 or imprisonment
for a period not to exceed 15 days for each such offense, or by both
such fine and imprisonment.
(2)
Each week's continued offense against this chapter shall constitute
a separate additional offense.
[2]
Editor's Note: Amended 2-20-1968, effective 3-18-1968.
[1]
Editor's Note: Amended 7-23-1968, effective 8-15-1968.
