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Village of Thomaston, NY
Nassau County
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Table of Contents
Table of Contents
This chapter shall be known as the "Housing Code of the Village of Thomaston" and may be referred to as the "Housing Code."
The purpose 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 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.
[Amended 9-28-1993 by L.L. No. 23-1993]
C. 
Residential occupancies in buildings of mixed occupancy.
D. 
Accessory structures, accessory to residential occupancies.[1]
[1]
Editor's Note: Former §§ 80-4, Nonapplicability, and 80-5, Prevalence of higher standards, which immediately followed this subsection, were repealed 9-28-1993 by L.L. No. 23-1993 and 11-8-1993 by L.L. No. 28-1993.
As used in this chapter, 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, and 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.
APARTMENT
A dwelling unit within a multiple dwelling.
APPROVED
Approved by the administrative officer under the regulations of this chapter or approved by an authority designated by law or this chapter.
BASEMENT
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.
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 "toilet rooms."
BUILDING
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.
CELLAR
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.
DWELLING, ONE-FAMILY
A building containing not more than one dwelling unit occupied exclusively for residential purposes.
DWELLING, TWO-FAMILY
A building containing not more than two dwelling units occupied exclusively for residential purposes.
DWELLING UNIT
One or more rooms with provision for separate entrance and living, cooking, sanitary and sleeping facilities arranged for the use of one family only.
EXIT
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.
FAMILY
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
The natural surface of the ground, or the surface of the 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. Kitchen areas shall not be deemed to be "habitable space." See "nonhabitable space," "public space" and "exit."
INFESTATION
The presence, within or contiguous to a dwelling, dwelling unit, lodging house, lodging unit or premises, of insects, rodents, 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 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.
MULTIPLE DWELLING
A. 
A building containing three or more dwelling units.
B. 
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.
C. 
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.
D. 
A building used or occupied as a convalescent, old-age or nursing home, but not including private or public hospitals or public institutions.
[Amended 9-28-1993 by L.L. No. 23-1993]
MULTIPLE RESIDENCE
See "multiple dwelling."
MUNICIPALITY
A city, town or village.
NEWSPAPERS
Papers sold or distributed at stated intervals, usually daily or weekly, to convey news and advocate opinions, containing advertisements and other matters of public interest, but excluding all magazines or other periodicals as well as all other paper products of any nature whatsoever.
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 "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, ball, meeting, lecture and recreation rooms, banquet and dining rooms and their kitchens and swimming pools.
RUBBISH
Nonputrescible solid waste, excluding ashes, consisting of combustible waste such as wood, baled paper, excluding newspapers, and similar materials.
SEWAGE
Liquid waste containing animal or vegetable matter in suspension or solution and which may include industrial wastes and liquids containing chemicals.
STRUCTURE
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 "bathroom."
VENTILATION
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.