This article shall be known as "Housing Standards Applicable
to Residential Premises."
The purpose of this article 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.
This article shall apply to residential premises as follows:
A. Lots, plots or parcels of land on which residential buildings, buildings
of mixed occupancy or accessory structures are located.
B. Residential buildings, including one- and two-family dwellings and multiple dwellings, except as specifically excluded in §
79-4.
C. Residential occupancies in buildings of mixed occupancy.
D. Accessory structures accessory to residential occupancies.
This article 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.
[Amended 10-16-1990 by L.L. No. 2-1990]
Installations, alterations and repairs to residential premises
and materials, assemblies and equipment utilized in connection therewith
shall be reasonably safe to persons and property and in conformity
with applicable statutes of the State of New York and orders, rules
and regulations issued by authority thereof. Conformity of such work,
materials, assemblies or equipment with the applicable requirements
of the New York State Building Construction and Uniform Fire Prevention
Code shall be prima facie evidence that the same is reasonably safe
to person and property.
As used in this article, the following terms shall have the
meanings indicated:
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
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: offices for the building
management; dining rooms, banquet rooms, public kitchens, and ballrooms;
recreation and play rooms; laundries for the use of tenants and occupants
and in connection with the management and operation of a residential
building; maintenance and work shops; storage rooms for linen, bedding,
furniture, supplies and tenants' equipment and effects; rooms or space
for the incidental sale or display of merchandise to occupants and
tenants, such as newspaper, candy and cigar stands; and garages within
a residential building or on the premises thereof used primarily for
the storage of passenger-type motor vehicles.
APPROVED
Approved by the administrative officer under the regulations
of this article or approved by an authority designated by law or this
article.
BASEMENT
That space of a building that is partly below grade which
has more than 1/2 of its height, measured from floor to ceiling, above
the average established curb level or finished grade of the ground
adjoining the building.
BATHROOM
Enclosed space containing one or more bathtubs or showers,
or both, and which may also contain water closets, lavatories or fixtures
serving similar purposes. See definition of "toilet room."
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
That space of a building that is partly or entirely below
grade, which has more than 1/2 of its height, measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
DWELLING UNIT
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
DWELLING, ONE-FAMILY
Building containing not more than one dwelling unit occupied
exclusively for residential purposes.
DWELLING, TWO-FAMILY
Building containing not more than two dwelling units occupied
exclusively for residential purposes.
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
Natural surface of the ground or surface of 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
Space, 60 square feet or more in floor area, with a minimum
width of five feet, used for cooking or preparation of food.
KITCHENETTE
Space, less than 60 square feet in floor area, used for cooking
or preparation of food.
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
A.
A building containing three or more dwelling units.
B.
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.
C.
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.
D.
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.
E.
A building used or occupied as a convalescent, old-age or nursing home but not including private or public hospitals or public institutions. (See §
79-4 for certain multiple dwellings not within scope of this chapter.)
MUNICIPALITY
The Village of Canajoharie.
[Amended 10-16-1990 by L.L. No. 2-1990]
NONHABITABLE SPACE
Space used as a kitchenette or for pantries; bath, toilet,
laundry, rest, dressing, locker, storage, utility, heater and boiler
rooms; closets; and other spaces for service and maintenance of the
building; and those spaces used for access and vertical travel between
stories. See definitions of "habitable space," "public space" and
"exit."
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
Enclosed space, containing one or more water closets, which
may also contain one or more lavatories, urinals and other plumbing
fixtures. See definition of "bathroom."
VENTILATION
Supply and removal of air to and from a space by natural
or mechanical means.
VENTILATION, NATURAL
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks, with or without wind-driven devices.
Buildings, for the purpose of this chapter, shall be classified
in respect to their occupancies as follows:
A. One- and two-family dwellings. Buildings containing one or two dwelling
units with less than four lodgers residing with a family in either
one of such dwelling units.
B. Multiple dwellings.
(1) Buildings containing one or two dwelling units with more than four
lodgers with a family in either one of such dwelling units.
(2) Buildings containing three or more dwelling units.
(3) Apartment houses and apartment hotels.
(5) Buildings with sleeping accommodations for more than five persons,
used or occupied as a club, dormitory, fraternity or sorority house
or for similar uses.
C. Accessory structures. Garages, carports and similar type structures
on residential premises.
It shall be prohibited to accumulate or store:
A. On residential premises, except in approved locations, any highly
flammable 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.
B. 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 firefighting operations.
Interior finish materials for acoustical correction, surface
insulation and decorative treatment on the surfaces of walls and ceilings,
and interior trim shall be of materials that will not, in burning,
give off excessive amounts of smoke or objectionable gases.
Residential premises shall be maintained in conformity with
the provisions of this article so as to assure the desirable residential
character of the property.
Domestic animals and pets shall be kept in an appropriate manner
and shall not be permitted to run at large.