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.
This chapter 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 §
27-3.
C. Residential occupancies in buildings of mixed occupancy.
D. Accessory structures, accessory to residential occupancies.
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.
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 Code shall be prima facie
evidence that the same is reasonably safe to person and property.
As used in this chapter:
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:
A.
Offices for the building management.
B.
Dining rooms, banquet rooms, public kitchens and ballrooms.
C.
Recreation and playrooms.
D.
Laundries for the use of tenants and occupants and in connection
with the management and operation of a residential building.
E.
Maintenance shops and workshops, 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.
APPROVED
Approved by the administrative officer under the regulations
of this chapter or approved by an authority designated by law or this
chapter.
BASEMENT
That space of a building that is partly below grade which
has more than half 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 half 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
A building containing not more than one dwelling unit occupied
exclusively for residential purposes.
DWELLING, TWO-FAMILY
A 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 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.
Building containing three or more dwelling units.
B.
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.
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.
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.
Building used or occupied as a convalescent, old-age or nursing home, but not including private or public hospitals or public institutions. (See §
27-3 for certain multiple dwellings not within scope of this chapter.)
MUNICIPALITY
The Village of Avon in the County of Livingston and the State
of New York.
NONHABITABLE SPACE
Space used as kitchenettes, pantries, bathrooms, restrooms,
toilet, laundry, 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
ballrooms, lobbies, lounges, reception, 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 or 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.