This chapter shall be known and referred to as the "Housing Code for the City of Auburn, New York."
This chapter provides standards governing the facilities and the condition, use, occupancy, and maintenance of residential premises, to safeguard the safety, health and welfare of the occupants and users thereof.
It is intended that this Part 1 be compatible with the New York State Uniform Fire Prevention and Building Code but enacted to provide more specific standards than those contained in Chapter F of the Uniform Code. It is further intended that any of the standards contained in this Part 1 be more stringent than those contained in the Uniform Code and that this Part 1 shall be so construed.
In case of conflict with any provisions in this Part 1, the regulations contained in the Uniform Code shall prevail if it is determined that the regulations contained in the Uniform Code are more stringent.
This chapter shall be applicable to the following:
Lots, plots, or parcels of land on which are located buildings devoted to residential use or occupancy, mixed-occupancy buildings, or accessory structures.
Buildings devoted to residential use or occupancy, including one- and two-family dwellings and multiple dwellings, mixed-occupancy buildings and accessory structures. Migrant housing shall be governed solely by Chapter F of the Uniform Code.
This chapter shall not apply to mobile housing premises or migrant housing premises or to nursing, convalescent, and old-age homes or similar institutional occupancies.
This chapter shall not apply to fallout shelters constructed or installed to provide safety and security to occupants in accordance with specifications and standards contained in regulations or orders issued by the New York State Civil Defense Commission or other analogous or successor body.
The provisions of this chapter shall supplement state and local laws, ordinances, codes, or regulations. Where a provision of this Part 1 is found to be in conflict with a provision of a state or local law, ordinance, code, or regulation, the more restrictive provision shall prevail when legally permissible.
Installations, alterations, and repairs to residential premises which are required to correct violations of the provisions of this chapter, and materials, assemblies, and equipment utilized in connection therewith, shall be safe to persons and property. Conformity of such work, materials, assemblies, or equipment with applicable requirements of the State Uniform Fire Prevention and Building Code, hereinafter referred to as the "Uniform Code," and generally accepted standards shall satisfy this requirement.
Abbreviations, terms, phrases, words, and their derivatives used in this Part 1 shall have the meanings stated in this section. Terms and words not defined shall have their ordinarily accepted meanings or such as the context may imply.
Words used in the singular include the plural, and the plural include the singular. Words used in the masculine gender include the feminine and neuter genders.
The word "shall" is always to be construed as mandatory.
Abbreviations. The following abbreviations as used throughout this Part 1 shall have the following meanings:
British thermal unit
Cubic feet per minute
Foot or feet
Gallon or gallons
Inch or inches
Pounds per square foot
Pounds per square inch
Definitions. As used in this Part 1, the following terms shall have the meanings indicated:
- ACCESSORY STRUCTURE
- A structure used or occupied as an adjunct of, or in conjunction with, the use or occupancy of premises, or a building or buildings thereon, and which is located on the premises or adjacent thereto.
- ACCESSORY USE
- A use or occupancy of premises in conjunction with, or for the service of, the residential use. Such accessory use may be located within a residential building or on the same or adjoining premises and may include but not be limited to:
- (1) Offices for the building management;
- (2) Public dining rooms, banquet rooms, public kitchens, and ballrooms;
- (3) Recreation and play rooms;
- (4) Laundries for the use of occupants provided by or in connection with the management and operation of a residential building;
- (5) Maintenance and work shops and storage rooms for linen, bedding, furniture, supplies, and occupants' equipment and effects;
- (6) Stores, rooms, or space for the sale or display of merchandise;
- (7) Garages used for the storage of motor vehicles.
- Current-carrying capacity expressed in amperes.
- A dwelling unit in a multiple dwelling or mixed-occupancy building.
- APARTMENT HOTEL
- A building containing primarily apartments rented either furnished or unfurnished, with maid, telephone, desk, linen, or other services provided to the occupants. See "hotel" and "multiple dwelling."
- APARTMENT HOUSE
- A building containing primarily apartments. See "apartment hotel" and "multiple dwelling."
- Adjudged satisfactory by the enforcement officer pursuant to the regulations of this Part 1, by an authority designated by law or this Part 1 or, when used in connection with materials, appliances, equipment, or devices, by a testing agency recognized under the Uniform Code.
- That space of a building that is partly below grade, which has 1/2 or more of its height, measured from floor to ceiling, above the average finished grade.
- An enclosed space containing one or more bathtubs, showers, or both, and which may also contain water closets, lavatories, or fixtures serving similar purposes. See "toilet room."
- See "lodging house."
- See "hotel."
- A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof. The term "building" shall be construed as if followed by the phrase "or part thereof" unless otherwise indicated by the text.
- That space of a building that is partly or entirely below grade, which has more than 1/2 of its height, measured from floor to ceiling, below the average finished grade.
- CENTRAL DINING ROOM
- A room where meals are furnished or served.
- CENTRAL KITCHEN
- A kitchen serving a central dining room.
- See "dormitory."
- Material or a combination of materials which will ignite and support combustion when heated at any temperature up to 1,382° F. (750° C.) during an exposure for five minutes.
- COMMUNAL DINING ROOM
- A room designed and equipped for eating purposes for occupants.
- COMMUNAL KITCHEN
- A kitchen available for common use of occupants.
- CONVALESCENT HOME
- A facility regulated by the state and operated for the purpose of providing therein lodging, board, and bedside care or hygienic attention, but not including medical or nursing care, to sick, infirm, disabled, or convalescent persons.
- A building containing dormitory units, lodging units, or apartments for the use of students, employees, or guests. See "multiple dwelling."
- DORMITORY UNIT
- A room designed to be used for sleeping purposes only by four or more occupants.
- DWELLING, ONE-FAMILY
- A building containing only one dwelling unit and occupied by only one family.
- DWELLING, TWO-FAMILY
- A building containing only two dwelling units and occupied by only two families.
- DWELLING UNIT
- A complete, self-contained residential unit with living, sleeping, cooking, and sanitary facilities within the unit, for use by one family.
- A way of departure from the interior of a building or structure to the exterior, at a street, or to a yard, court, or passageway leading to a public open area, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes, and all other elements necessary for egress or escape.
- FALLOUT SHELTER
- A building, structure, or other real property, or an area or portion thereof, constructed, altered, or improved to afford protection against radioactive fallout.
- A household constituting a single housekeeping unit occupied by one or more persons.
- FIRE-RESISTANCE RATING
- Time in hours, or parts thereof, that a material, construction, or assembly will withstand fire exposure, as determined in a fire test made in conformity with generally accepted standards, or as determined by extension or interpretation of information derived therefrom.
- FLAME-RESISTANT MATERIAL
- Material which is flame resistant by nature or has been made flame resistant in conformity with generally accepted standards.
- FLAME SPREAD RATING
- The measurement of flame spread on the surface of materials or their assemblies, as determined by tests conducted in conformity with a generally accepted standard.
- FRATERNITY HOUSE
- See "dormitory."
- GENERALLY ACCEPTED STANDARD
- A specification, code, rule, guide, or procedure in the field of construction, or related thereto, recognized and accepted as authoritative under the Uniform Code, listed and published as of January 1, 1984.
- HABITABLE SPACE
- Space used for living, sleeping, eating, or cooking. Kitchenettes shall not be deemed to be habitable space. See "nonhabitable space," "public space," and "exit."
- A building containing primarily hotel units for the purpose of furnishing lodging, with or without meals, for transient occupancy and with management maintaining a register and providing daily housekeeping and other incidental services, including desk, telephone, or bellboy services. See "apartment hotel" and "multiple dwelling."
- HOTEL UNIT
- A room or group of rooms forming a single unit used or intended to be used for living and sleeping purposes, with or without sanitary facilities.
- The presence, within a building or structure, or on premises, of insects, rodents, vermin, or other pests.
- INTERIOR FINISH
- Material applied directly to walls or ceilings for acoustical correction, surface insulation, decorative treatment, or similar purposes, including but not limited to veneer, wainscoting, and paneling. Surface finishes of wallpaper or other materials not more than 1/28 inch thick having no greater fire hazard than wallpaper shall not be deemed to be interior finish.
- INTERIOR TRIM
- Material generally not exceeding 12 inches in width around openings or on the wall or ceiling, including casings, stools, aprons, baseboards, chair rails, picture molds, cornice moldings, and moldings applied for decoration.
- JUNK VEHICLE
- Any vehicle designed for operation by any power other than muscular
power, including trailers, lacking a current license plate and which has been
abandoned, junked, discarded, dismantled (in whole or in part) and/or is in
a rusted or wrecked condition or which is not in condition for legal use upon
the highways.[Added 1-21-1999 by Ord. No. 1-1999]
- Space, 60 square feet or more in floor area, designed and equipped for the purpose of cooking and preparation of food. See "central kitchen" and "communal kitchen."
- Space less than 60 square feet in floor area designed and equipped for the purpose of cooking and preparation of food.
- LODGING HOUSE
- A building containing primarily lodging units, with or without meals provided as a condition of occupancy. See "multiple dwelling."
- LODGING UNIT
- A room or group of rooms forming a single unit, used or intended to be used for living and sleeping purposes, with or without sanitary facilities, and having no cooking facilities. See "dwelling unit."
- A seasonal laborer who moves from area to area for work purposes in agriculture, horticulture, or food processing.
- MIGRANT HOUSING PREMISES
- Property used, or intended to be used, as residential accommodations and related facilities for migrants.
- MIXED-OCCUPANCY BUILDING
- A building occupied in part for residential use and in part for some other nonaccessory use. See "multiple dwelling."
- MOBILE HOUSING PREMISES
- Property, including improvements and facilities, designed to accommodate mobile homes and recreational vehicles, including such units located thereon.
- See "hotel."
- (1) Any of the following:
- (a) A building designed or occupied for residential purposes by more than two families;
- (b) A series of attached, detached, or semidetached buildings which are provided as a group collectively with essential services and utilities and which are located on a lot, plot, or parcel or land under common ownership; or
- (c) The residential part of a mixed-occupancy building.
- (2) Regardless of the foregoing, any residential building, other than a one- or two-family dwelling on a single zoning lot, shall be deemed to be a multiple dwelling.
- The City of Auburn in the County of Cayuga and State of New York.
- Material or a combination of materials which will not ignite and support combustion when heated at any temperature up to 1,382° F. (750° C.) during an exposure for five minutes.
- NONHABITABLE SPACE
- Space used for and including, but not limited to, kitchenettes; pantries; bath, toilet, laundry, rest, dressing, locker, storage, utility, heater, and boiler rooms; and other spaces for service and maintenance of the building or structure. See "habitable space," "public space," and "exit."
- NURSING HOME
- A facility regulated by the state, providing therein nursing care to sick, invalid, infirm, disabled, or convalescent persons, in addition to lodging and board.
- The person in occupancy, or in possession, or in control of premises, or using premises.
- OLD-AGE HOME
- A facility regulated by the state and operated for the purpose of providing therein care to adult persons who, though not requiring medical or nursing care, are in such condition by reason of age as to require, in addition to lodging and board, personal services to assure their safety and comfort.
- The person exercising dominion or control over, or vested with title in, premises; a proprietor (legal owner, joint owner, part owner, record owner, equitable owner, reputed owner, or their successors in interest); or the respective agent of any of them.
- PLUMBING SYSTEM
- The water supply system, drainage system, vent system, fixtures and traps, including their respective connections, devices, and appurtenances within property lines.
- POTABLE WATER
- Water approved for drinking, culinary, and domestic purposes.
- PUBLIC SPACE
- Space within a building for public use, such as lobbies; lounges; reception, ball, meeting, lecture, and recreation rooms; banquet and dining rooms, including appurtenant kitchens; and swimming pools.
- Land, including buildings, structures, facilities, and improvements, used or intended to be used as residential accommodations or facilities.
- RESIDENTIAL PREMISES
- Property used or intended to be used for dwelling or related purposes.
- ROOMING HOUSE
- See "lodging house."
- Liquid waste containing animal or vegetable matter in suspension or solution, and which may include industrial wastes and liquids containing chemicals.
- SHOWER ROOM
- See "bathroom."
- SORORITY HOUSE
- See "dormitory."
- STATE UNIFORM FIRE PREVENTION AND BUILDING CODE
- The rules and regulations relating to building construction as promulgated by the State Fire Prevention and Building Code Council and which collectively are known as the "New York State Uniform Fire Prevention and Building Code," as last amended, and hereinafter referred to as the "Uniform Code."
- The portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds 1/3 of the floor immediately below, it shall be deemed to be a story. A basement shall be deemed to be a story when its ceiling is six or more feet above the average finished grade. A cellar shall not be deemed to be a story. An attic shall not be deemed to be a story, if unfinished and not used for human occupancy.
- An assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings.
- TOILET ROOM
- An enclosed space containing one or more water closets which may also contain one or more lavatories, urinals, and other plumbing fixtures. See "bathroom."
- UNIFORM CODE
- The New York State Uniform Fire Prevention and Building Code promulgated by the State Fire Prevention and Building Code Council pursuant to § 371 of Article 18 of the Executive Law, as last amended.