Part 1 of this chapter shall be known as the "Housing Standards Applicable to Residential Premises."
The purpose of Part 1 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 Part 1 shall apply to residential premises
as follows:
A.Â
Lots, plots or parcels of land on which residential
buildings, buildings of mixed occupancy or accessory structures are
located.
B.Â
Residential buildings, including one- and two-family dwellings and multiple residences, except as specifically excluded in § 149-4.
C.Â
Residential occupancies in buildings of mixed occupancy.
D.Â
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.
A.Â
The provisions of 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, 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 Part 1, and such more restrictive
requirement or higher standard shall govern during the period in which
it is in effect.
B.Â
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 10-11-2016]
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, including but not
limited to the New York State Uniform Fire Prevention and Building
Code in accordance with Title 19 of the New York Codes, Rules and
Regulations, Part 1203, and amendments thereto, and the City of Oswego
and orders, rules and regulations issued by authority thereof.
The following definitions shall apply in the
interpretation of this Part 1:
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 playrooms;
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; and
Garages within a residential building or on
the premises thereof used primarily for the storage of passenger-type
motor vehicles.
Approved by the City Engineer 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 and 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.
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 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.
Natural surface of the ground or the 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 residence used primarily for 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.
Containing three or more dwelling units;
Containing living, sanitary, and sleeping facilities
occupied by one or two families and more than four lodgers residing
with either one of such families;
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;
With sleeping accommodations for more than five
persons used or occupied as a club, dormitory, fraternity or sorority
house, or for similar uses; or
Used or occupied as a convalescent, old-age
or nursing home, but not including private or public hospitals or
public institutions.
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 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.
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."
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.
