City of Albany, NY Article II General Provisions

§ 231-4 Purpose.

The Common Council, in order to improve upon living conditions for the citizens of the City of Albany, does deem it in the best interest of the City of Albany that there be adopted and enacted the following provisions to carry out such purposes, to be known as the "Housing Code of the City of Albany, New York."

§ 231-5 Title; Director.

[Amended 12-2-2013 by L.L. No. 5-2013]

This code shall be known as the "Housing Code of the City of Albany, New York," which provides housing standards applicable to residential premises within the boundaries of said City and all annexations thereto. The Commissioner of the Department of Buildings and Regulatory Compliance shall also be known as the "Director of Housing" under the provisions of this code.

§ 231-6 Scope.

This code shall apply to premises as follows:

A. Lots, plots or parcels of land on which residential buildings, buildings of mixed occupancy or accessory structures may be or are located.

B. Residential buildings, including one- and two-family dwellings, rooming and lodging houses and multiple dwellings, except as specifically excluded in § 231-7.

C. Residential occupancies in buildings of mixed occupancy.

D. Structures accessory to residential occupancies.

E. Hotels, motels, motor courts and motor hotels.

§ 231-7 Nonapplicability.

A. Whereas, mobile homes, mobile home courts, tourist camps, farm labor camps, travel trailers and trailer parks are not permitted for dwelling purposes within the boundaries of the City of Albany; and

B. Whereas, housing standards applicable to nursing and convalescent homes have been established and regulated by the State of New York; therefore

C. The provisions of this section are hereby deleted from this code.

§ 231-8 Application and availability of remedies; authority to issue regulations.

A. Except as provided in §§ 231-104 and 231-126, the provisions of this code shall supplement local laws, ordinances, codes or regulations. When a provision of this code is found to be inconsistent with any provision of a local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail. A greater penalty shall not be considered as more restrictive or a higher standard.

B. Notwithstanding the availability of other remedies for enforcement of the provisions contained in the Building Code, Plumbing Code, Electrical Code, Sanitary Code of the Albany County Health District and Zoning Ordinances of the City of Albany, the remedies and enforcement procedures as set forth in this code are made available to enforce the provisions of the aforesaid enumerated City codes and ordinances and shall be deemed cumulative to other procedures and remedies; subject, however, to the provisions of §§ 231-104C and 231-126 of this code.

C. The Commissioner of Buildings as Director of Housing shall have the authority to issue such regulations as may be necessary to implement the provisions of this code.

§ 231-9 Severability.

If a chapter, part, provision, section, subdivision or paragraph or term of this code shall be held unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to invalidate the remaining chapter, parts, provisions, sections subdivisions, paragraphs or terms.

§ 231-10 Definitions and word usage.

A. The following definitions shall be used in the interpretation and construction of this code. Words used in the present tense include the future; words used in the masculine gender include the feminine and neuter; the singular number shall include the plural, and the plural the singular; the word "shall" is mandatory and not optional; the words "dwelling," "dwelling unit" or "premises" include the words "or any part thereof."

B. Words and terms used in this code shall have the following meanings:

ACCESSORY STRUCTURE

A structure, the use of which customarily 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; 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 code or approved by an authority designated by law or this code.

BASEMENT

That space of a building that is partly below grade which has more than one-half (1/2) 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."

BOARDINGHOUSE

See definition of "rooming house."

BUILDING

Any structure having a roof supported by columns or walls, either wholly or partially enclosed within exterior walls or within exterior or party walls, intended to be used for the shelter or enclosure of persons, animals or property.

CELLAR

An enclosed space in a dwelling having more than one-half (1/2) of its height below the curb level. However, where a dwelling is set back from the curb level in such a manner that the enclosed space in the dwelling is above curb level but at least one-half (1/2) of its height is below the land immediately adjacent to the dwelling, such space shall be deemed a "cellar." A "cellar" shall not be counted as a story.

CONVALESCENT HOME

See definition of "nursing home."

COURT

Any portion of the interior of a lot or a building site which is wholly or partially surrounded by buildings, and which is not required as a front, side or rear yard.

CURB LEVEL

The level of the curb at the center of the front of the building, for the purpose of measuring the height of any portion of a building; except that where a building faces on more than one street, the "curb level" is the average of the levels of the curbs at the center of each front. Where no curb elevation has been established, the mean level of the land immediately adjacent to the dwelling shall be considered the "curb level," unless the Municipal Engineer shall establish such "curb level" or its equivalent.

DORMITORY

Any room occupied for sleeping purposes by five or more persons. A "cubicle" is a small, partially enclosed sleeping space within a dormitory, with or without a window.

DWELLING

Any building, house or structure or portion thereof, which is occupied as, in whole or part, or intended to be used as a home, residence, living or sleeping place of one or more human beings, either permanently or transiently.

DWELLING, ONE-FAMILY

A detached building which shall be intended or designed for, or occupied exclusively for residential purposes by, one family and containing not more than one dwelling unit.

DWELLING, TWO-FAMILY

A detached or semidetached building which shall be intended or designed for, or occupied exclusively for residential purposes by, two individual family or dwelling units entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar. A "two-family dwelling" includes a flat.

DWELLING UNIT

Any room or group of rooms within a dwelling which are used or intended to be used by one or more persons for living and sleeping with or without facilities for cooking and eating.

EXIT

A safe and unobstructed 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.

EXTERMINATION

Control and elimination of insects, rodents and vermin by eliminating their harborage places; by removing or poisoning, spraying, fumigating, trapping; or by any other approved means of pest elimination.

FAMILY

A collective body of persons forming a household and for the purpose of this code may consist of a single person.

FARM LABOR CAMP

A property consisting of a tract of land and all tents, vehicles, buildings or other structures pertaining thereto, any part of which may be occupied by persons employed as laborers in farm activities who are provided with sleeping facilities, in whole or in part, by the owner, lessee or operator thereof, with or without stipulated agreements as to the duration of their stay, whether or not they are supplied with meals but who are supplied with such services or facilities as are necessary for their use of such property.

FLOOR AREA

The horizontal area of a building which is enclosed by the exterior walls of the structure.

GARBAGE

The animal, vegetable and mineral waste resulting from handling, preparation, cooking and consumption of food.

GENERALLY ACCEPTED STANDARD

A specification, code rule, guide or procedure in the field of construction or related thereto recognized and accepted as authoritative. Publications and standards issued by the following organizations shall be considered "generally accepted standards":

ACI	American Concrete Institute, 18263 West McNichols Road, Detroit 19, Michigan
AFM	Associated Factory Mutual Fire Insurance Companies, Factory Mutual Engineering Division, 1151 Boston-Providence Turnpike, Norwood, Massachusetts
AGA	American Gas Association Laboratories, 1032 East 62nd Street, Cleveland 3, Ohio
AISC	American Institute of Steel Construction, Inc., 101 Park Avenue, New York 17, New York
AISI	American Iron and Steel Institute, 350 Fifth Avenue, New York 1, New York
API	American Petroleum Institute, 50 West 50th Street, New York 20, New York
ARA	Agricultural Research Administration, United States Department of Agriculture
ASA	American Standards Association, Inc., 70 East 45th Street, New York 17, New York
ASCE	American Society of Civil Engineers, 29 West 39th Street, New York 18, New York
ASHAE	American Society of Heating and Air-Conditioning Engineers, 62 Worth Street, New York 13, New York
ASME	American Society of Mechanical Engineers, 29 West 39th Street, New York 18, New York
ASTM	American Society for Testing Materials, 1916 Race Street, Philadelphia 3, Pennsylvania
AEC	Atomic Energy Commission
AWWA	American Water Works Association, 521 Fifth Avenue, New York 17, New York
AWS	American Welding Society, 33 West 39th Street, New York 18, New York
AWPA	American Wood Preservers' Association, 111 West Washington Street, Chicago 2, Illinois Army-Air Forces Specifications, Commanding General, Air Material Command, Wright-Patterson Air Force Base, Dayton, Ohio
CS	Commercial Standards, United States Department of Commerce, Office of Technical Services
DEPA	Douglas Fir Plywood Association, Tacoma 2, Washington
DH	Department of Health, New York State, Albany 1, New York
FCC	Federal Communications Commission
FPL	Forest Products Laboratory, Forest Service, United States Department of Agriculture
FS	Federal Supply Service, Standards Division, General Services Administration
H	Handbooks, United States Department of Commerce, National Bureau of Standards
HHFA	Housing and Home Finance Agency
IC	Industrial Code Rules,
New York State Department of Labor, Board of Standards and Appeals, 80 Centre Street, New York 13, New York, or Bureau of Printing, Room 912, State Office Building, Albany 1, New York
ICC	Interstate Commerce Commission Regulations, H. A. Campbell, 30 Vesey Street, New York 7, New York
MIL	Military Specifications, Commanding General, Air Materiel Command, Wright-Patterson Air Force Base, Dayton, Ohio
NBBPVI	National Board of Boiler and Pressure Vessel Inspectors, 145 North High Street, Columbus 15, Ohio
NBFU	The National Board of Fire Underwriters, 85 John Street, New York 38, New York
NFPA	National Fire Protection Association, 60 Batterymarch Street, Boston 10, Massachusetts
NLMA	National Lumber Manufacturers Association, 1319 Eighteenth Street, N. W., Washington 6, D.C.
SJI	Steel Joist Institute, 1346 Connecticut Avenue, N. W., Washington, D.C.
SPR	Simplified Practice Recommendations, United States Department of Commerce, Office of Technical Services
ULI	Underwriters' Laboratories, Inc., 207 East Ohio Street, Chicago 11, Illinois, or 161 Sixth Avenue, New York 13, New York

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."

HOTEL

A dwelling in which there are 30 or more sleeping rooms in one building or structure occupied primarily by transients who are lodged with or without meals; and there are provided such services as are incidental to the use thereof as a temporary residence.

INFESTATION

The presence, within or contiguous to a dwelling, dwelling unit, rooming house, rooming unit, lodging house, lodging unit or premises, of wild rodents, insects, 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 feet in floor area, used for cooking or preparation of food.

LODGING HOUSE

A dwelling, other than a hotel, in which persons are housed in a dormitory or dormitories, whether or not the space for sleeping accommodations therein is divided into cubicles.

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, in part for some other use not accessory thereto.

MOBILE HOME

A movable living unit equipped with a chassis and provided with the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "trailer."

MOBILE HOME COURT

A parcel of land which has been planned and improved for the placement of two or more mobile homes.

MOTELS, MOTOR COURTS and MOTOR HOTELS

A series of attached or semi-attached dwellings where each unit has convenient access to parking space for the use of the unit's occupants. The units, with the exception of the manager's or caretaker's, are designed to provide sleeping accommodations for automobile transients or overnight guests.

MULTIPLE DWELLING

A dwelling which is either rented, leased, let or hired out to be occupied or is occupied as the temporary or permanent residence or home of three or more families living independently of each other, including but not limited to the following: a tenement, flat, house, maisonette apartment, apartment house, apartment hotel, tourist house, bachelor apartment, studio apartment, duplex apartment, kitchenette apartment, hotel, lodging house, rooming house, boardinghouse, boarding and nursery school, furnished room house, club, sorority house, fraternity house, college and school dormitory, convalescent, old age or nursing homes or residences. It shall also include a dwelling, two or more stories in height, and with five or more boarders, roomers or lodgers residing with any one family. See § 231-7 for certain multiple dwellings not within the scope of this code.

MULTIPLE RESIDENCE

See definition of "multiple dwelling."

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."

NURSING HOME

A home for the care of the sick or infirm for compensation, where three or more inmates thereof are or may be accommodated, including nursing homes, homes for the care of the sick, convalescent or infirm patients or inmates.

OCCUPANT

That person or persons occupying a dwelling unit.

OPENING PROTECTIVE

Assembly of materials and accessories, including frames and hardware, installed in a wall, partition, floor, ceiling or roof opening to prevent, resist or retard the passage of fire, flame, excessive heat or hot gases.

(1) AUTOMATIC Constructed and arranged to operate other than manually, if open, it will close when subjected to a predetermined temperature or rate of temperature rise.

(2) SELF-CLOSING Arranged and equipped with devices which will ensure closing after having been opened.

OPERATOR

That person or persons charged and authorized by the owner for specific responsibilities involving the care, maintenance and operation of one or more dwelling units.

OWNER

That person or persons in whom is vested ownership, dominion or title of property.

PLUMBING SYSTEM

The plumbing system of building includes water supply distribution pipes; the fixtures and fixture traps; the soil, waste and vent pipes; the house drain and house sewer; the stormwater drainage, with their devices, appurtenances and connections all within or adjacent to the building.

POTABLE WATER

Water which is approved for drinking, culinary and domestic purposes.

PREMISES

A lot, plot or parcel of land, including the building or structure thereon.

PRIVY

Any place for the voiding of excreta that is not connected by plumbing to an approved sewage disposal system.

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.

ROOMING HOUSE

A multiple dwelling in which there are fewer than 30 sleeping rooms occupied primarily by transients who are lodged with or without meals and in which there are provided such services as are incidental to its use as a temporary residence. Also, a dwelling two or more stories in height, occupied by one or two families and with five or more transient boarders, roomers or lodgers residing with any one family. Where "rooming house" is used in this code it shall mean boardinghouse, furnished room house or tourist house.

ROOMING UNIT

Any room or group of rooms forming a single habitable unit used or intended to be used for living or sleeping but not designed for cooking or eating purposes.

RUBBISH

All combustible and noncombustible waste, except garbage.

SEWAGE

Liquid waste containing animal or vegetable matter in suspension or solution and which may include industrial wastes and liquids containing chemicals.

STORY

A space between the level of one finished floor and the level of the next higher finished floor or, if the top story, the space between the level of the highest finished floor and the top of the highest roof beams or, if the first story, the space between the level of the finished floor and the finished ceiling immediately above. For the purpose of measuring height by stories of dwellings erected on or after July 1, 1952, one additional story shall be added for each 12 feet or fraction thereof that the first story exceeds 15 feet in height and for each 12 feet or fraction thereof that any story above the first story exceeds 12 feet in height.

STRUCTURE

An assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings.

TENANT

That person or persons who is given possession of real estate for a fixed period or at will.

TOILET ROOM

Enclosed space containing one or more water closets and one or more lavatories, which may also contain urinals and other plumbing fixtures. See definition of "bathroom."

TRAILER

A movable living unit equipped with a chassis but lacking any of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration.

VENTILATION

Supply and removal of air to and from a space by natural or mechanical means.

VENTILATION, MECHANICAL

Ventilation by power-driven devices, other than wind-driven.

VENTILATION, NATURAL

Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks with or without wind-driven devices.

WINDOW DIMENSIONS

The measurements between the stop-beads or, if there are no stop-beads, between the sides and the head and sill of the sash opening.