The purpose of this chapter is to provide basic
and uniform standards 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.
C.
Residential occupancies in buildings of mixed occupancy.
D.
Accessory structures, accessory to residential occupancies.
A.
The provisions of this chapter shall supersede local
laws, ordinances, codes or regulations to the extent that such laws,
ordinances, codes or regulations are inconsistent with the provisions
of this chapter; provided however, that nothing herein contained shall
be construed to prevent the adoption and enforcement of a 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 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 law or ordinance,
or regulation adopted pursuant thereto, or other local law, ordinance,
code or regulation, the provision or requirement which is the more
restrictive or which establishes the higher standard shall prevail.
As used in this chapter, the following terms
shall have the meanings indicated:
A structure the use of which is incidental to that of the
residential building and which is located on the same premises.
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.
Garages within a residential building or on
the premises thereof, used for the storage of passenger-type motor
vehicles.
Dwelling unit within a multiple dwelling or two-family dwelling.
Approved by the administrative officer under the regulations
of this chapter or approved by an authority designated by law or this
chapter.
That space of a building that is partly below grade and which
has more than 1/2 its height, measured from floor to ceiling, either
above the average established curb level or above the finished grade
of the ground adjoining the building.
[Amended 7-21-1998 by L.L. No. 3-1998]
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.")
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.
That space of a building that is partly or entirely below
grade and which has more than 1/2 of its height, measured from floor
to ceiling, both below the average established curb level or below
finished grade of the ground adjoining the building.
[Amended 7-21-1998 by L.L. No. 3-1998]
Building containing not more than one dwelling unit, occupied
exclusively for residential purposes.
Building containing not more than two dwelling units, occupied
exclusively for residential purposes.
One or more rooms with a separate entrance and with provision
for living, cooking, sanitary and sleeping facilities arranged for
the use of one family only.
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.
One or more persons related by blood, adoption or marriage
living and cooking together as a single housekeeping unit, exclusive
of household servants. A number of persons, not exceeding two, living
and cooking together as a single housekeeping unit though not related
by blood, adoption or marriage shall be deemed to constitute a "family."
[Amended 9-26-1978 by L.L. No. 4-1978]
The wastes from the preparation, cooking and consumption
of foods; market refuse; waste from the handling, storage and sale
of produce; paper; cartons; empty glass bottles; small tin cans; rags
and miscellaneous combustible household trash.
A specification, code, rule, guide or procedure in the field
of construction or related thereto, recognized and accepted as authoritative.
Natural surface of the ground, or surface of ground after
completion of any change in contour, abutting building or premises.
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.")
The presence, within or contiguous to a dwelling, dwelling
unit or premises, of insects, rodents, vermin or other pests.
Space 60 square feet or more in floor area, with a minimum
width of five feet, used for cooking or preparation of food.
Space less than 60 square feet in floor area, used for cooking
or preparation of food.
Occupancy of a building in part for residential use and in
part for some other use not accessory thereto.
Building containing three or more dwelling units.
See "multiple dwelling."
A county, town or village.
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 definitions of "habitable space," "public space" and "exit.")
The water supply system, the drainage system, the vent system,
and fixtures and traps, including their respective connections, devices
and appurtenances within the property lines of the premises.
Water which is approved for drinking, culinary and domestic
purposes.
Space for public use within a residential building, such
as lobbies; lounges; reception, ball, meeting, lecture and recreation
rooms; banquet and dining rooms and their kitchens, and swimming pools.
Liquid waste containing animal or vegetable matter in suspension
or solution.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
Enclosed space containing one or more water closets, which
space may also contain one or more lavatories, urinals and other plumbing
fixtures. (See definition of "bathroom.")
Supply and removal of air to and from a space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks, with or without wind-driven devices.
