This Part 1 shall be known as "Housing Standards Applicable to Residential Premises."
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 establishing reasonable safeguards for the safety, health and welfare of the occupants and users thereof.
This Part 1 shall take effect on the first day of February 1969.
This Part 1 shall apply to residential premises as follows:
Lots, plots or parcels of land on which residential buildings, buildings of mixed occupancy or accessory structures are located.
Residential buildings, including one- and two-family dwellings and multiple dwellings, except as specifically excluded in § 186-5.
Residential occupancies in buildings of mixed occupancy.
Accessory structures, accessory to residential occupancies.
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.
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.
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 which establishes the higher standard shall prevail.
[Amended 9-4-2001 by L.L. No. 2-2001]
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:
- 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 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 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 which has more than 1/2 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, 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, 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, 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.
- DWELLING UNIT
- One or more rooms with provisions 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.
- 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."
- 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.
- 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.
- 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.
- MULTIPLE RESIDENCE
- See definition of "multiple dwelling."
- A city, town or village.
- 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 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 hall, 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, 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.
- 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."
- Consistent in color, shape, size, design, texture and form.[Added 11-21-2017 by L.L. No. 4-2017]
- 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 outer air through windows, skylights, doors, louvers or stacks with or without wind-driven devices.