All buildings or structures with any or all
of the following defects shall be deemed unsafe buildings or structures:
A.
Those whose interior walls or other vertical structural
members list, lean or buckle to such an extent that a plumb line passing
through the center of gravity falls outside of the middle 1/3 of its
base.
B.
Those which, exclusive of the foundation, show 33%
or more of damage or deterioration of the supporting member or members,
or 50% of damage or deterioration of the nonsupporting, enclosing
or outside walls or covering.
C.
Those which have improperly distributed loads upon
the floors or roofs or in which the same are overloaded, or which
have insufficient strength to be reasonably safe for the purpose used.
D.
Those which have been damaged by fire, wind or other
causes so as to have become dangerous to life, safety, morals or the
general health and welfare of the occupants or the people of the Village.
E.
Those which have become or are so dilapidated, decayed,
unsafe, unsanitary or which so utterly fail to provide the amenities
essential to decent living that they are likely to cause sickness
or disease, so as to work injury to the health, morals, safety or
general welfare of those living therein and those members of the public
who may come in contact with such persons.
F.
Those having inadequate facilities for egress in case
of fire or panic, or those having insufficient stairways, elevators,
fire escapes or other means of communication.
G.
Those who have parts thereof which are so attached
that they may fall and injure members of the public or property.
H.
Those which because of their condition are unsafe,
unsanitary or dangerous to the health, morals, safety or general welfare
of the people of this Village.
A.
General requirements. Buildings occupied in whole
or in part as defined in this chapter shall comply with the requirements
hereinafter set forth concerning occupancy, size, light and ventilation
in order to provide safe and healthful environment.
B.
Maximum occupancy and minimum room size.
(1)
Calculation. For the purpose of this regulation, each
person 12 years of age and older shall be counted as one person; children
more than one year old but less than 12 years old shall be deemed
to be 1/2 person; and infants up to one year old shall not be counted.
The floor area shall be based upon the area of habitable rooms contained
within the living unit, exclusive of utility and storage rooms, halls,
closets, porches and any connecting spaces. Any area in a habitable
room which has a ceiling height of less than five feet shall not be
counted or included in the computation of the space.
(2)
Dwelling units. Every dwelling unit shall have at
least 150 square feet of habitable floor space for the first occupant,
plus 100 square feet of habitable floor space for each additional
occupant. Each dwelling unit shall contain one habitable room with
at least 150 square feet of floor area and a minimum horizontal dimension
of eight feet. Any additional habitable rooms shall have a minimum
floor area of 100 square feet and a minimum horizontal dimension of
seven feet.
[Amended 9-10-1998 by L.L. No. 5-1998]
(3)
Sleeping rooms. No room in any dwelling unit or rooming
unit shall be used for sleeping purposes unless there is a minimum
habitable floor space of 70 square feet for each occupant.
[Amended 9-10-1998 by L.L. No. 5-1998]
(4)
Ceiling height. At least 1/2 of the floor space of
any habitable room must have an average ceiling height of at least
seven feet, six inches. Portions of floor spaces having ceiling heights
less than five feet shall not be counted.
C.
Prohibited uses.
(1)
It shall be prohibited to use for sleeping purposes
any kitchen, nonhabitable space or public space.
(2)
It shall be prohibited to use any cellar space as
habitable space.
(3)
It shall be prohibited to install outdoor cellar stairway entrances.
[Added 2-5-2015 by L.L. No. 1-2015]
(4)
It shall be prohibited to install any bathtub or shower within the
cellar or basement.
[Added 2-5-2015 by L.L. No. 1-2015]
D.
Basements or cellars.
(1)
The basement or cellar of any building shall be dry
and ventilated and shall be kept free from rubbish accumulation and
infestation.
(2)
Basement dwelling units. No room in any basement shall
be occupied as a habitable room unless:
(a)
The finished floor surface is not more than four feet
below grade.
(b)
The ceiling is not less than four feet above grade.
(c)
The floors and walls are water- and dampproof in accordance
with an approved method, if in contact with earth. Such waterproofing
shall be between the floor or wall finish and the ground.
E.
Lighting and ventilation. Every habitable room in
a dwelling or dwelling unit shall contain a window or windows opening
directly to the outside air, and the total area of said window or
windows shall not be less than 10% of the floor area of such rooms,
provided that such window shall not be less than 10 square feet. All
window sash shall be glazed and provided with suitable hardware, and
shall be made to open to the extent of not less than 5% of the floor
area of such room.
F.
Heating.
(1)
General. Heating facilities and their accompanying
chimneys, flues or stacks are to be installed in compliance with the
ordinances of the Village of Westbury and be maintained in good order
and repair so that they are capable of safely and adequately providing
heat to enclosed spaces which are or may be normally occupied. Doors,
windows and other parts of a building shall be constructed and maintained
so as to prevent abnormal heat losses. Heating facilities utilizing
gas as a fuel shall have a shutoff valve provided at or near the source
of supply to the facility in accordance with generally accepted standards.
(2)
Heating facilities shall be provided to safely and
adequately maintain heat in all habitable rooms, bathrooms, kitchenettes,
toilet rooms or compartments within the walls of a dwelling to a temperature
of at least 68° F. at a distance of three feet and more from the
exterior walls and at a level of five feet above the floor level.
The capability of said heating equipment shall be based upon an outside
temperature of 0° F.
(3)
Room heaters. No room heater that is independent of
the heating system in the dwelling shall be used except where the
unit or appliance is first approved by the Superintendent of the Building
Department.
(4)
Water heaters. Every dwelling shall be supplied with
an approved water heater or heaters capable of supplying a sufficient
quantity of water heated to a temperature of at least 120° F.
to every kitchen sink, lavatory, bathtub or shower located therein.
Such water heater or heaters shall be properly connected to a supply
of potable water.
G.
Dampness. The floors and walls of every building,
every dwelling unit and every rooming unit shall be kept free from
dampness.
H.
Water supplies and sinks.
(1)
Each dwelling shall be provided with a potable water
supply, servicing all required plumbing fixtures, devices and appurtenances
in sufficient volume and at pressures adequate to enable them to function
satisfactorily and without undue noise under normal operating conditions.
(2)
There shall be at least one kitchen sink installed
and maintained in good, clean operating condition in every dwelling
unit.
(3)
Every kitchen sink, lavatory, bathtub or shower required
by this chapter or other law or ordinance shall be supplied with both
hot and cold water properly connected to a supply of potable water.
I.
Bathrooms.
(1)
Number and location. In one-family dwellings, there
shall be at least one bathroom located within the dwelling. In two-
or more family dwellings, each dwelling unit shall have at least one
bathroom located within each unit.
(2)
Arrangement. At least one bathroom in dwelling units
shall be accessible from any sleeping room without passing through
any other sleeping room. Bathrooms within dwelling units and those
in public spaces available for the use of dwelling units shall have
provisions made for privacy.
[Amended 9-10-1998 by L.L. No. 5-1998]
(3)
Floors. Shower stalls shall be provided with waterproof
floors and with a wall wainscot made of at least a water-resistant
material and extending to a minimum height of five feet, six inches
above the floor level. The floor of existing bathrooms shall be provided,
as a minimum, with a surface treatment which is reasonably impervious
to moisture. The floors of bathrooms in private dwellings shall be
covered, as a minimum, with a moisture-resistant material. The floors
of new bathrooms in multiple dwellings shall be waterproof; such waterproofing
shall extend six inches or more on the walls above the floors except
at doors. Floors shall be kept in a dry, clean and sanitary condition
by occupant.
(4)
Employee facilities. Where there are five or more
employees in a multiple dwelling, separate bathroom facilities shall
be provided for them and for each sex. Said facilities shall be readily
accessible to the employees and shall not open directly into a public
kitchen or other public space used for the cooking or preparation
of food.
(5)
Light and ventilation. Every bathroom in a building
shall be provided with adequate light and ventilation, either natural
or artificial, in accordance with the requirements of the Village
of Westbury.
J.
Plumbing.
(1)
All plumbing fixtures, water-supply lines, sewer lines
and waste-disposal systems and their appurtenances shall be properly
installed in accordance with the requirements of the Plumbing Code[1] of the Village of Westbury. They shall be maintained in
a safe, sanitary and operating condition, free from defects, leaks
and obstructions.
(2)
Every occupant shall be responsible for the exercise
of proper care and cleanliness in the use and operation of all plumbing
fixtures, sanitary facilities, appliances and equipment therein. This
liability on the part of the occupant shall not relieve the owner
of the responsibility of remedying any defect, nor of any other liability
imposed upon the owner by law, but it shall subject the occupant to
the penalties of this chapter, upon proper proof, of any willful or
malicious act he has performed.
K.
Electrical requirements.
(1)
General requirements. Existing electrical fixtures,
devices, wiring and systems shall be maintained in safe working condition
and in a manner which will avoid a potential source of ignition or
shock and shall be properly connected to a reasonably adequate source
of electrical power. Any old, deteriorated, unused and/or unapproved
materials and equipment shall be removed and replaced, as may be required
with approved materials and equipment. Additional electrical installations
or systems shall be installed in accordance with National Electrical
Code and approved by the New York Board of Fire Underwriters. Fixed
wiring, equipment, fixtures and devices shall be firmly secured to
the surface on which they are mounted. Electrical wiring and equipment
shall be protected against excessive current demands by properly rated
overcurrent devices installed in approved locations. All panel boards
shall be kept free from encumbrances and shall be accessible at all
times.
(2)
Exceptions. The Superintendent of the Building Department
of the Village of Westbury may request other repairs, alterations,
removal of and/or additional wiring, equipment, safety controls or
methods when he deems it necessary to assure safety to the occupants
or users. He may further modify the requirements of this section for
a particular location when, in his opinion, reasonable and adequate
safety is assured by a different but equally safe installation.
A.
General requirements. Residential, commercial and
industrial premises, whether improved or vacant, shall be maintained
in conformity with the provisions of this chapter so as to assure
the desirable character of the property.
B.
Open areas. Surface and subsurface water shall be
appropriately drained to protect buildings and structures and to prevent
the development of stagnant ponds. Gutters, culverts, catch basins,
drain inlets, stormwater sewers, approved combined storm and sanitary
sewers or other satisfactory drainage system shall be utilized where
necessary. No roof, surface or sanitary drainage shall create a structural,
safety or health hazard by reason of construction, maintenance or
manner of discharge.
C.
Buildings and structures.
(1)
All exterior exposed surfaces not inherently resistant
to deterioration shall be repaired, coated, treated or sealed to protect
them from deterioration or weathering.
(2)
Floors, walls, ceilings, stairs, furnishings and fixtures
of buildings shall be maintained in a clean, safe and sanitary condition.
Every floor, exterior wall, roof and porch, or appurtenance thereto,
shall be maintained in a manner so as to prevent collapse of the same
or injury to the occupants of the building or to the public.
(3)
The foundation walls of every building shall be maintained
in good repair and shall be structurally sound.
(4)
Exterior walls, roofs and all openings around doors,
windows, chimneys and other parts of a building shall be so maintained
as to keep water from entering the building and to prevent undue heat
loss from occupied areas. Materials which have been damaged or show
evidence of dry rot or other deterioration shall be repaired or replaced
and refinished in a workmanlike manner. Exterior walls, roofs and
other parts of the building shall be free from loose and unsecured
objects. Such objects or materials shall be removed, repaired or replaced.
(5)
The owner of a vacated building shall take such steps
and perform such acts as may be required of him from time to time
to ensure that the building and its adjoining yards remain safe and
secure, and do not present a hazard to adjoining property or to the
public.
(6)
Infestation and screening. Grounds, buildings and
structures shall be maintained free of insect, vermin and rodent harborage
and infestation. Methods used for exterminating insects, vermin and
rodents shall conform with generally accepted practice.
