The purpose of this Part 1 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 to establish
reasonable safeguards for the safety, health and welfare of the occupants
and users thereof.
This Part 1 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 § 110-3A.
C.
Residential occupancies in buildings of mixed occupancy.
D.
Accessory structures accessory to residential occupancies.
A.
Applicability. This Part 1 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.
Effect on other standards.
(1)
The provisions of this Part 1 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 Part 1,
provided 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 Part 1, and such
more restrictive requirement or higher standard shall govern during the period
in which it is in effect.
(2)
Where a provision of this Part 1, 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 establishes the higher standard
shall prevail.
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 Uniform Fire Prevention
and Building Code shall be prima facie evidence that the same is reasonably
safe to person and property.
As used in this Part 1, 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 workshops, 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.
Garages within a residential building or on the premises thereof, used
primarily for the storage of passenger-type motor vehicles.
"Approved" by the administrative officer under the regulations of
this Part 1, or "approved" by an authority dsignated by law or this Part 1.
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.
Enclosed space containing one or more bathtubs or showers, or both,
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,
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.
A building containing not more than one dwelling unit, occupied exclusively
for residential purposes.
A building containing not more than two dwelling units, occupied
exclusively for residential purposes.
one or more rooms, with provision for living, cooking, sanitary and
sleeping facilities, arranged for the use of one family.
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.
A household constituting a single housekeeping unit occupied by one
or more persons.
A specification, code, rule, guide or procedure in the field of construction
or related thereto, recognized and accepted as authoritative.
A 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,
lodging house, lodging 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.
A multiple dwelling used primarily for the purpose of furnishing
lodging, with or without meals, for compensation.
A room or group of rooms forming a single habitable unit, used or
intended to be used for lodging.
Occupancy of a building in part for residential use and in part for
some other use not accessory thereto.
A building containing three or more dwelling units.
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.
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.
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.
A building used or occupied as a convalescent, old-age or nursing home,
but not including private or public hospitals or public institutions.
See definition of "multiple dwelling."
The Village of Potsdam, New York.
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, 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 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.
Liquid waste containing animal or vegetable matter in suspension
of solution and which may include industrial wastes and liquids containing
chemicals.
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 may also
contain one or more lavatories, urinals and other plumbing fixtures. (See
definition of "bathroom.")
The 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.
