This chapter shall be known as "Housing Standards Applicable to Residential
Premises."
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, except as specifically excluded in §
140-4.
C. Residential occupancies in buildings of mixed occupancy.
D. Accessory structures, accessory to residential occupancies.
Articles
I through
V hereof apply to residential premises. Article
VI relates to mobile homes. This chapter shall not apply 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 other forms of temporary housing.
Where a provision of this chapter as now enacted or as hereafter amended
is found to be in conflict with the provision of any other statute, local
law, ordinance, code or regulation, the provision or requirement which is
the more restrictive or which 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 the New
York State Building Code and applicable statutes of the State of New York
and orders, rules and regulations issued by authority thereof, and in conformity
with the local laws and ordinances of the Town of Wallkill as may apply. Conformity
of such work, materials, assemblies or equipment with the applicable requirements
of the New York State Building Construction Code and such laws and ordinances
shall be prima facie evidence that the same is reasonably safe to persons
and property.
For the purpose of this chapter, the terms used herein are defined as
follows:
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the residential
building and which is located on the same premises as the residential building.
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 playrooms; 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
chapter, or approved by an authority designated by law or this chapter.
BASEMENT
That space of a building that is partly below grade and which has
more than half of 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.")
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 and
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 living, cooking, sanitary and
sleeping facilities arranged for the use of one family.
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
Natural surface of the ground, or surface of the ground after completion
of any change in contour, abutting a 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.")
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 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.
E.
A building used or occupied as a convalescent, old-age or nursing home, but not including private or public hospitals or public institutions. (See §
140-4 for certain multiple dwellings not within the scope of this chapter.)
NONHABITABLE SPACE
Space used as kitchenettes, pantries and 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.")
PERSON
Any individual, firm, company, association, society, corporation
or group.
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 and reception, ball, meeting, lecture and recreation rooms, banquet
and dining rooms and their kitchens, and swimming pools.
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
definition of "bathroom.")
VENTILATION
Supply and removal of air to and from a space by natural or mechanical
means.
VENTILATION, NATURAL
Ventilation by opening to outer air through windows, skylights, doors,
louvers or stacks, with or without wind-driven devices.