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 premises and establishing reasonable safeguards for
the safety, health and welfare of the occupants and users thereof.
A.Â
This Part 1 shall apply to residential premises as
follows:
(1)Â
Lots, plots or parcels of land on which residential
buildings, buildings of mixed occupancy or accessory structures are
located.
(2)Â
Residential buildings, including one- and two-family dwellings and multiple dwellings, except as specifically excluded in Subsection B.
(3)Â
Residential occupancies in buildings of mixed occupancy.
(4)Â
Accessory structures accessory to residential occupancies.
B.Â
This Part 1 shall not apply to transient hotels, transient
motels, mobile homes, or to other forms of temporary housing, including
but not limited to tourist camps, farm labor camps and travel trailers.
A.Â
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 that 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.
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 applicable statutes of the State of New York and
the orders, rules and regulations issued by 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.
As used in this Part 1, the following terms
shall have the meanings indicated:
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 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 residential
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 residential building or on
the premises thereof used primarily for the storage of passenger-type
motor vehicles.
A multiple dwelling comprised of dwelling units which are
occupied for periods of 30 days or more.
Approved by the administrative officer under the regulations
of this chapter or approved by an authority designated by law or this
chapter.
That space of a building as defined in the New York State
Uniform Fire Prevention and Building Code that is partly below grade.
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 the 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 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.
Within the context of a single dwelling unit,
common areas are the living spaces used in common by residents of
the household, including but not limited to living rooms, foyers,
household rooms, stairways and that portion of the exit path to the
exterior used by the dwelling unit. Kitchens and bathrooms are not
considered common areas.
Within the context of a building with more than
one residential unit or a mixed-occupancy building, common areas are
any spaces used by more than one of the building's tenants or uses,
including but not limited to entrance lobbies, stairways, laundry
rooms, mailrooms, etc. Common areas in this context shall not include
areas under the sole control of a single residential unit.
A facility for the mentally disabled as defined by the Mental
Hygiene Law, § 1.03, Subdivision 28, 1981 and as defined
in the Residential Code of New York State.
A group of three or more unrelated persons occupying a single
dwelling unit without auxiliary social facilities.
Any individual described in Paragraphs (1) through (10) of
Section 152(a) of Title 26 I.R.C. (1999 Edition) over half of whose
support, for the calendar year in which the taxable year of the taxpayer
begins, was received from the taxpayer.
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.
A building containing two dwelling units which are separated
from each other by a vertical wall without openings. In this type
of building there are no habitable spaces which are under the sole
control of one of the dwelling units located above another space under
the sole control of the other dwelling unit.
One or more rooms designed or used for living quarters by
one household, including provisions for living, cooking, sanitary
and sleeping facilities and having a separate entrance from the outside
of the building or through a common hall.
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 as defined in the applicable
portions of the New York State Uniform Fire Prevention and Building
Code and/or applicable portions of the State of New York Multiple
Residence Law.
One or more persons occupying a dwelling unit, provided that,
unless all members are related by blood, marriage, adoption or other
legal relationship, no such family shall contain over two persons,
but further provided that domestic servants employed on the premises
may be housed on the premises without being counted as a family or
families.
A multiple dwelling or group of multiple dwellings containing
dwelling units, occupying more than 35% of the area of the site or
plot on which such dwellings or dwelling units are situated.
A specification, code, rule, guide or procedure in the field
of construction and fire prevention or related thereto, recognized
and accepted as authoritative, which includes the list of reference
standards in the New York State Uniform Fire Prevention and Building
Code.
The natural surface of the ground or the surface of the ground,
after completion of any change in contour abutting a building or premises,
the average elevation of which is a single point determined by the
weighted average elevation of the finished grade adjoining each of
the exterior walls of the building, where such walls face open space
which is essentially level for 10 feet or more. Areaways, driveways
and entrances of abrupt change of elevation totaling 10% or less of
the length of the wall shall not be included in determining the average
elevation.
A multiple-dwelling classification that includes residential buildings used for transient occupancy of 30 days or less configured as a single dwelling unit or multiple dwelling as listed in § 210-7B(2).
A multiple-dwelling classification that includes residential buildings used for permanent occupancy of more than 30 days configured as a single dwelling unit or multiple dwelling units as listed in § 210-7B(1).
The space occupied by one or more persons for living, sleeping,
eating or cooking as defined in the New York State Uniform Fire Prevention
and Building Code. Kitchenettes shall not be deemed to be habitable
space. (See definitions of "nonhabitable space," "public space," "kitchenette,"
and "exit.")
A multiple dwelling used primarily for the purpose of furnishing
lodging, with or without meals, for more than 15 guests, for compensation.
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 transient, temporary or permanent guest or tenant.
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,
including rooms rented on an individual basis, used or intended to
be used for lodging.
Plumbing, heating, electrical, ventilating, air conditioning,
refrigerating, elevators, dumbwaiters, escalators and other mechanical
additions or installations.
An intermediate level or levels between the floor and ceiling
of any space as defined in the New York State Uniform Fire Prevention
and Building Code.
[Amended 11-2-2016 by Ord. No. 2016-14]
Occupancy of a building in part for residential use and in
part for some other use not accessory thereto.
A multiple dwelling, not over two stories in height, intended
primarily for motorists, in which the exit from each dwelling unit
or sleeping room is directly to the exterior (includes but is not
limited to the terms "motor court," "motor hotel" and "tourist court").
A building containing three or more dwelling
units.
A building containing living, sanitary and sleeping
facilities occupied by one family 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 a permanent
or transient paying guests or tenants.
A building with sleeping accommodations for
more than five persons used or occupied as a club, dormitory, fraternity
or sorority house, cooperative house or for similar uses.
Community residences.
See the definition of "multiple dwelling."
The City of Ithaca, in the County of Tompkins and State of
New York.
Space used as kitchenettes; pantries; bath-, toilet, laundry,
rest, dressing, locker, storage, utility, heater and boiler rooms;
closets; 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," "kitchenette"
and "exit.")
A person that is permitted to occupy a dwelling unit or building,
excluding minor dependent children of the same person.
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; lounges; reception, ball-, 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 individually rented room that provides space for sleeping
but does not provide sanitary fixtures within the room itself. Bathrooms
are shared by tenants occupying rooms on any one floor.
A room used and intended to be used for sleeping on a regular
basis which meets the state code requirements for habitable space
and which is completely enclosed and separated from all other spaces
in the dwelling by full-height walls and a door, so as to provide
privacy for the occupant(s).
A single device which, without any other devices other than
a power source, senses either smoke, heat or other products of combustion
and contains within itself the ability to sound an audible alarm at
the device location.
A series of independent smoke/heat detectors, connected in
such a way that activation of any detector causes the alarms of all
detectors in the series to also sound their alarms.
A single device which, without any other devices, other than
a power source, senses either smoke, heat or other products of combustion
and contains within itself the ability to sound an audible alarm at
the device location. Such a device need not be connected to the electrical
system of the building, but may instead be connected to a battery
as its own internal power source.
Smoke/heat detectors connected together in a system which
provides for a signal indicating the need for action to either maintain
or repair the system.
Smoke/heat detectors connected together in a system which provides for a signal indicating the need for action to either maintain or repair the system and shall also automatically provide for notification of an alarm condition to the Fire Department as specified in Municipal Code Chapter 181.
A portion of a building which is between one floor level
and the next higher floor level or a roof as defined in the New York
State Uniform Fire Prevention and Building Code. The following locations
shall not be deemed a story:
A basement as defined in the New York State
Uniform Fire Prevention and Building Code.
A cellar.
An attic not meeting the requirements for habitable
space. This includes the lack of permanent stairs or sufficient dimensions
to qualify as habitable space as described herein.
Roof construction enclosing stairs or equipment
other than for elevators, provided that they are less than 12 feet
in height and do not occupy more than 30% of the area of the roof
on which they are located; and elevator hoistway and elevator machine
rooms.
A mezzanine as defined in the New York State
Uniform Fire Prevention and Building Code.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
Thirty days or less.
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.")
The supply and removal of air to and from a space by natural
or mechanical means.
MECHANICAL VENTILATIONVentilation by power-driven devices.
NATURAL VENTILATIONVentilation by opening to the outer air through windows, skylights, doors, louvers or stacks, with or without wind-driven devices.
