A. 
As used in this chapter, the following terms shall have the meanings ascribed to them:
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the residential building and which is located on the same premises.
ACCESSORY USE —
(1) 
A use, occupancy or tenancy customarily incidental to the principal use or occupancy of a residential building. Such "accessory uses" may include, among others, the following:
(a) 
Offices for the building management.
(b) 
Dining rooms, banquet rooms, public kitchens and ballrooms.
(c) 
Recreation and play rooms.
(d) 
Laundries for the use of tenants and occupants and in connection with the management and operation of a residential building.
(e) 
Maintenance and work shops, storage rooms for linen, bedding, furniture, supplies and tenants' equipment and effects.
(f) 
Rooms or space for the incidental sale or display of merchandise to occupants and tenants, such as newspaper, candy and cigar stands.
(g) 
Garages within a residential building or on the premises thereof used primarily for the storage of passenger-type motor vehicles.
(2) 
The term "accessory use" shall have a uniform meaning and shall apply in the same manner and under the same conditions or restrictions to all residential buildings.
APPROVED
Approved by the administrative officer under the provisions of this chapter, or approved by an authority designated by law or this chapter.
BASEMENT
That portion of a building that is partly or completely below grade plane.
[Amended 10-16-2012 by L.L. No. 3-2012]
BATHROOM
An enclosed space containing one or more bathtubs or showers, or both, and which may also contain water closets, lavatories or fixtures serving similar purposes. See the definition of "toilet room."
BUILDING
A structure wholly or partially enclosed within exterior walls or within exterior or party walls and a roof, affording shelter to persons, animals or property.
CELLAR
See "basement."
[Amended 10-16-2012 by L.L. No. 3-2012]
DWELLING, ONE-FAMILY
A building containing not more than one dwelling unit occupied exclusively for residential purposes by the immediate family of the owner-occupant, nor having more than one kitchen or one kitchenette and no portion of which is used for the accommodation of roomers or boarders.
DWELLING, ONE-FAMILY, OWNER-OCCUPIED
A building containing not more than one dwelling unit occupied exclusively for residential purposes by the immediate family of the owner-occupant, not having more than one kitchen or one kitchenette and no portion of which is used for the accommodation of roomers or boarders.
DWELLING, TWO-FAMILY
A building containing not more than two dwelling units occupied exclusively for residential purposes.
DWELLING UNIT
One or more rooms with provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one family.
EXIT
A way of departure from the interior of a building or structure to the exterior at street or grade, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape.
FAMILY
A household constituting a single housekeeping unit occupied by one or more persons.
GENERALLY ACCEPTED STANDARD
A specification, code, rule, guide or procedure in the field of construction or related thereto, recognized and accepted as authoritative.
GRADE, FINISHED
A natural surface of the ground, or surface of the ground after completion of any change in contour, abutting a building or premises.
HABITABLE SPACE
Space occupied by one or more persons for living, sleeping, eating or cooking. Kitchenettes shall not be deemed to be "habitable space." See definitions of "nonhabitable space," "public space" and "exit."
INFESTATION
The presence, within or contiguous to a dwelling, dwelling unit, lodging house, lodging unit or premises, of insects, rodents, vermin or other pests.
KITCHEN
That portion of a building designed for the storage and cooking or preparation of food, having at least but not limited to facilities for cooking, a sink and refrigerator.
[Amended 10-16-2012 by L.L. No. 3-2012]
KITCHENETTE
A space, less than 60 square feet in floor area, with a minimum width of five feet, designed and used exclusively for cooking and eating, having at least but not limited to facilities for cooking, a sink and refrigerator.
LODGING HOUSE
A multiple dwelling used primarily for the purpose of furnishing lodging, with or without meals, for compensation.
LODGING UNIT
A room or group of rooms forming a single habitable unit used or intended to be used for lodging.
MIXED OCCUPANCY
Occupancy of a building in part for residential use and in part for some other use not accessory thereto.
MULTIPLE DWELLING
(1) 
A building containing three or more dwelling units.
(2) 
A building containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families.
(3) 
A building with one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants.
(4) 
A building with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house or for similar uses.
(5) 
A building used or occupied as a convalescent, old-age or nursing home, but not including private or public hospitals or public institutions.
MULTIPLE RESIDENCE
See the definition of "multiple dwelling."
NONHABITABLE SPACE
Space used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms, closets and other spaces for service and maintenance of the building, and those spaces used for access and vertical travel between stories. See the definitions of "habitable space," "public space" and "exit."
PLUMBING SYSTEM
The water supply system, the drainage system, the vent system, fixtures and traps, including their respective connections, devices and appurtenances within the property lines of the premises.
POTABLE WATER
Water which is approved for drinking, culinary and domestic purposes.
PUBLIC SPACE
Space within a residential building for public use, such as lobbies, lounges, reception, ball, meeting, lecture and recreation rooms, banquet and dining rooms and their kitchens, and swimming pools.
SEWAGE
Liquid waste containing animal or vegetable matter in suspension or solution and which may include industrial wastes and liquids containing chemicals.
STRUCTURE
An assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings.
TOILET ROOM
An enclosed space containing one or more water closets, which may also contain one or more lavatories, urinals and other plumbing fixtures. See the definition of "bathroom."
VENTILATION
The supply and removal of air to and from a space by natural or mechanical means.
VENTILATION, MECHANICAL
Ventilation by power-driven devices.
VENTILATION, NATURAL
Ventilation by opening to the outer air through windows, skylights, doors, louvers or stacks with or without wind-driven devices.
B. 
Any term not defined in this section, but defined in the Town Building Code or in the Town Electrical Code or Plumbing Code,[1] shall be construed for the purpose of this chapter as so defined.
[1]
Editor's Note: See Ch. 93, Building Construction; Ch. 107, Electrical Standards; and Ch. 180, Plumbing, respectively.
This chapter shall be known and may be cited as the "Town of Oyster Bay Housing Code," but is referred to herein as "this chapter."
The purpose of this chapter is to provide basic and uniform standards in terms of performance objectives implemented by specific requirements governing the condition, occupancy and maintenance of residential premises and establishing reasonable safeguards for the safety, health and welfare of the occupants and users thereof.
A. 
This chapter shall not apply to mobile homes and mobile home courts or to transient-type occupancies and uses, including but not limited to nursing and convalescent homes, hotels, motels, tourist camps, farm labor camps, travel trailers and trailer parks and other forms of temporary housing.
B. 
This chapter shall apply to residential premises as follows:
(1) 
Lots or parcels of land on which residential buildings, buildings of mixed occupancy or accessory structures are located.
(2) 
Residential buildings and accessory structures, including one- and two-family dwellings and multiple dwellings, except as specifically excluded herein.
(3) 
Residential occupancies in buildings of mixed occupancy.
[Amended 3-12-1991 by L.L. No. 1-1991]
Installations, alterations and repairs to residential premises, and materials, assemblies and equipment utilized in connection therewith, shall be reasonably safe to persons and property and in conformity with the local laws and the Building Code of the Town, the statutes of the state and the orders, rules and regulations issued by authority of any of such ordinances, local laws or statutes. Conformity of work, materials, assemblies or equipment with the applicable requirements of the State Uniform Fire Prevention and Building Code, the Building Code of the Town and applicable ordinances and local laws of the Town shall be prima facie evidence that the same is reasonably safe to persons and property.
A. 
The provisions of this chapter shall supersede local laws, provisions of this Code, ordinances, code or regulations to the extent that such local laws, provisions of this Code, ordinances, codes or regulations are inconsistent with the provisions of this chapter; however, nothing contained in this chapter shall be construed to prevent the adoption and enforcement of a local law, ordinance, code or regulation which is more restrictive or establishes a higher standard than those provided in this chapter, and such more restrictive requirement or higher standard shall govern during the period in which it is in effect.
B. 
Where a provision of this chapter is found to be in conflict with a provision of a zoning, building, electrical, plumbing, fire, safety, health, water supply or sewage disposal local law, provision of this Code, ordinance, code or regulation adopted pursuant thereto, or other local law, provision of this Code, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.