This chapter shall be known as the "Property
Rehabilitation and Conservation Code" and shall be applicable to residential,
nonresidential, commercial and industrial buildings, structures or
vacant areas and combinations thereof.
The purpose of this Part 1 is to provide basic and uniform standards, in terms of performance objectives implemented by specific requirements, governing the condition, occupancy and maintenance of residential, nonresidential, commercial and industrial buildings, structures or vacant areas and combinations thereof and to establish reasonable safeguards for the safety, health and welfare of the occupants and users thereof.
A.
Scope. This Part 1 shall apply to premises as follows:
(1)
Lots, plots or parcels of land which are vacant or
upon which buildings used for dwellings, mixed occupancy, commercial,
industrial or storage uses, whether occupied or vacant, are located.
(2)
Residential buildings, including private dwellings
and multiple dwellings, unless specifically excluded.
(3)
Buildings of mixed occupancy, occupied in whole or
in part.
(4)
Commercial, industrial and storage buildings.
(5)
Vacant residential, mixed occupancy, commercial, industrial
and storage buildings.
(6)
Residential, mixed occupancy, commercial, industrial
and storage buildings which are under construction or demolition,
including buildings not completed to the extent that a nuisance or
practice exists or is being carried out which is a disturbance to
the public health, safety or welfare.
(7)
Accessory structures of dwellings, commercial, industrial
or vacant buildings.
B.
Nonapplicability. There shall be excluded from the building space and/or equipment requirements of this Part 1 application to hospitals, nursing homes, educational facilities and similar structures and premises to which, and to the extent to which, existing or superseding federal, state or county standards shall apply.
A.
The provisions of this 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 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.
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,[1] 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 8-10-1992 by L.L. No. 2-1992]
Installations, alterations and repairs to buildings
and structures and the materials, assemblies and equipment utilized
in connection therewith shall be reasonably safe to persons and property
and in conformity with applicable statutes and codes of the State
of New York and the City of Jamestown and orders, rules and regulations
issued by the authority thereof. Conformity of such work, materials,
assemblies or equipment to the applicable requirements of the New
York State Uniform Fire Prevention and Building Code shall be prima
facie evidence that the same is reasonably safe to person and property.
A.
ACCESSORY STRUCTURE
ACCESSORY USE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
AGENT
ALTERATION
APARTMENT or SUITE
APPROVED
BASEMENT
BATHROOM
BUILDING
BUILDING PERMIT
CELLAR
CERTIFICATE OF OCCUPANY/CERTIFICATE OF COMPLIANCE
CODE ENFORCEMENT PERSONNEL
COURT
DEPARTMENT
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
ENERGY CODE
EXIT
FAMILY
FIXED WINDOW
GARBAGE
GENERALLY ACCEPTED STANDARDS
GRADE, FINISHED
HABITABLE SPACE
HAZARD
INFESTATION
INSPECTOR
KITCHEN
KITCHENETTE
LEGAL OPEN SPACE
LODGING HOUSE
LODGING UNIT
MIXED OCCUPANCY
MULTIPLE DWELLING
(1)
(2)
(3)
(4)
(5)
MULTIPLE RESIDENCE
MUNICIPALITY
NONHABITABLE SPACE
NOTICE OF VIOLATION
OCCUPANT
OPERATING PERMIT
OPERATOR
OVERCROWDED
OWNER
PERMIT HOLDER
PERSON
PLUMBING SYSTEM
POTABLE WATER
PUBLIC SPACE
REFUSE
RESPONSIBLE PERSON
SERVICE FACILITY
SEWAGE
STOP-WORK ORDER
STRUCTURE
TEMPORARY CERTIFICATE
TOILET ROOM
UNFIT PREMISES
(1)
(2)
(3)
UNIFORM CODE
UNOCCUPIED HAZARD
VENTILATION
(1)
(2)
YARD
As used in this chapter, the following terms shall
have the meanings indicated:
A structure the use of which is incidental to that of the
main building and which is located on the same premises.
A use, occupancy or tenancy customarily incidental to the
principal use or occupancy of a building. In a multiple dwelling,
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 building.
Maintenance and work shops, and 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 building or on the premises
thereof used primarily for the storage of passenger-type motor vehicles.
A person, partnership, corporation or other entity designated
by the owner of the premises to manage, operate or otherwise exert
controlling influence over the premises on behalf of the owner. For
purposes of this section, a lodging house operator shall be deemed
to be an agent of the owner, and an individual who reasonably appears
to have authority to act for another whether actual authority has
been conferred (e.g., collects rents without any designation) shall
be deemed to be an agent of the owner. An agent shall accept service
of process for any violation of this chapter.
[Amended 3-19-2007]
As applied to buildings or structures, a change or rearrangement
of the structural parts or in the exit facilities, or an enlargement,
whether by extending on the side or by increasing in height, or the
moving from one location or position to another. The term "alter"
in its various modes and tenses and its participial forms refers to
the making of an alteration.
A room or suite of two or more rooms occupied or intended
to be occupied as the home or residence of an individual, family or
household.
Adjudged satisfactory by the administrative officer pursuant
to the regulations of this chapter, by an authority designated by
law or this chapter or, when used in connection with materials, appliances,
equipment or devices, by a testing agency recognized under the New
York State Uniform Fire Prevention and Building Code.
That space of a building that is partly below grade 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.
An 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.
A permit issued pursuant to § 215-49 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
[Added 3-19-2007]
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.
A certificate issued pursuant to § 215-52 of this chapter.
[Added 3-19-2007]
The Building and Zoning Code Enforcement Officer, Rehab and
Code Enforcement Officer and Target Area Code Enforcement Officer,
all appointed by the Director of Development and all inspectors (including
but not limited to the Plumbing Inspector, Electrical Inspector and
Fire Inspector).
[Added 3-19-2007]
An open, uncovered, unoccupied space surrounded on all sides
by the exterior walls of a building or structure or by such walls
and an interior lot line of the same premises.
The Department of Development of the City of Jamestown.
A building containing not more than one dwelling unit occupied
exclusively for residential purposes.
A building containing not more than two dwelling units occupied
exclusively for residential purposes.
The State Energy Conservation Construction Code as currently
in effect and as hereafter amended from time to time.
[Added 3-19-2007]
That portion of the way of departure from the interior of
a building or structure to the exterior at street or grade level accessible
to a street, consisting of:
One or more persons living together in one dwelling unit
and maintaining a common household, including domestic servants and
gratuitous guests, together with boarders, roomers or lodgers not
in excess of the number allowed by this Code as an accessory use.
[Added 8-10-1992 by L.L. No. 2-1992]
A window whose sash is designed and intended by the manufacturer
of the unit to not open.
All putrescible animal or vegetable wastes resulting from
the handling, preparation, cooking and consumption of food.
Those specifications, codes, rules, guides or procedures
in the field of construction and fire prevention as specified in Chapter
G of the New York State Fire Prevention and Building Code.
The natural surface of the ground, or surface of the ground
after completion of any change in contour, abutting the building or
the 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."
A condition which bears a high potential for harm to the
health or safety of an individual or property.
The presence, within or contiguous to a building, of insects,
rodents, vermin or other pests.
An inspector (including but not limited to the Plumbing Inspector, Electrical Inspector and Fire Inspector) appointed pursuant to § 215-48 of this chapter.
[Added 3-19-2007]
Space, 60 square feet or more in floor area, with a minimum
width of five feet, used for cooking or the preparation of food.
Space, less than 60 square feet in floor area, used for cooking
or the preparation of food.
Open space on the premises, such as yards or courts, or an
open space at least 25 feet wide permanently dedicated to the public
use which abuts the premises.
A multiple dwelling used primarily for the 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.
A building containing three or more dwelling
units.
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.
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.
A building with sleeping accommodations for
more than five persons used or occupied as a club, dormitory or fraternity
or sorority house or for similar uses.
A building used or occupied as a convalescent,
old-age or nursing home, but not including private or public hospitals
or public institutions.
See definition of "multiple dwelling."
A city, town or village.
Space used as kitchenettes and 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."
A notice issued by code enforcement personnel pursuant to § 215-61 of this chapter.
[Added 3-19-2007]
Any person, including the owner or operator, living and sleeping
in a dwelling unit or having actual possession of said dwelling or
rooming unit.
A permit issued pursuant to § 215-55 of this chapter. The term "operating permit" shall also include an operating permit that is renewed, amended or extended pursuant to any provision of this chapter.
[Added 3-19-2007]
Any person who has the charge, care or control of a structure
in which dwelling units or rooming units are let or offered for occupancy.
A condition in which a structure exceeds, in part or whole,
its designed occupant load as described in this chapter and the New
York State Uniform Fire Prevention and Building Code.
The owner or owners of the freehold of the premises or lessor
of the estate therein, a mortgagee or vendee in possession, an assignee
of rents, a receiver, executor, trustee, lessee or other person, firm
or corporation in control of a building or their duly authorized agents.
The person to whom a building permit has been issued.
[Added 3-19-2007]
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
[Added 3-19-2007]
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.
Water which is approved for drinking, culinary and domestic
purposes.
Space within a residential building for public use, such
as lobbies, hallways, lounges, reception halls, meeting, lecture and
recreation rooms, banquet and dining rooms and their kitchens and
swimming pools.
All cardboard, plastic, metal or glass containers, wastepaper,
rags, sweepings, small pieces of wood, excelsior, rubber, leather
and similar waste material that accumulates around a home, business
or industry.
Any individual, or any corporation, partnership or association
and individual members thereof, who is the owner, lessor, designated
agent, tenant, lessee or person possessing fiduciary responsibility
for real property to which the provisions of this chapter apply, or
any combination thereof, jointly and severally.
Any system used by an occupant, installed and in operating
condition on said premises, that aids and/or supplies any approved
form of heating fuel by code standard, gas, electricity or water to
a dwelling.
Liquid waste containing animal or vegetable matter in suspension
or solution, and which may include industrial wastes and liquids containing
chemicals.
An order issued pursuant to § 215-51 of this chapter.
[Added 3-19-2007]
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
A certificate issued pursuant to § 215-52D of this chapter.
[Added 3-19-2007]
An 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."
Structures lacking ventilation, sanitation,
heat or other facilities adequate to protect the health and safety
of the occupants or the public.
Structures or premises which are damaged, decayed,
dilapidated, unsanitary, unsafe or infested in such a manner as to
create a hazard to the health and safety of the occupants or the public.
Structures or premises which because of the
location, general condition, state of the premises or number of occupants
are unsanitary, unsafe and overcrowded or are otherwise detrimental
to health and safety that a hazard to the occupant or the public is
created.
The New York State Uniform Fire Prevention and Building Code
as currently in effect and as hereafter amended from time to time.
[Added 3-19-2007]
Any building within any residential zoning district, or within
1,000 feet of any residential zoning district, which remains unoccupied
for a period of more than 60 days with either doors, windows or other
openings broken, removed, boarded or similarly sealed or any building
under construction, upon which little or no construction work has
been performed for a period of three months, or any building within
the City which has been fire damaged or damaged by act of God and
allowed to so remain, which shall be presumed to constitute a hazard.
The supply and removal of air to and from a space by natural
or mechanical means.
VENTILATION, MECHANICALVentilation by power-driven devices.
VENTILATION, NATURALVentilation by opening to outer air through windows, skylights, doors, louvers or stacks, with or without wind-driven devices.
An open, unoccupied space on the lot, plot or parcel of land
on which the building stands, which extends the entire length of the
front or rear or interior lot line.
B.
Definitions in the New York State Uniform Fire Prevention
and Building Code that are not specifically listed here shall also
be recognized as authoritative by this chapter.
