This chapter shall be known and referred to as the "Housing Code for
the City of Auburn, New York."
A.
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.
B.
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.
C.
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:
A.
Lots, plots, or parcels of land on which are located
buildings devoted to residential use or occupancy, mixed-occupancy buildings,
or accessory structures.
B.
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.
A.
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.
B.
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.
A.
General.
(1)
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.
(2)
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.
(3)
The word "shall" is always to be construed as mandatory.
B.
Abbreviations. The following abbreviations as used throughout
this Part 1 shall have the following meanings:
|
Btu
|
British thermal unit
| |
|
C
|
Centigrade
| |
|
cfm
|
Cubic feet per minute
| |
|
F
|
Fahrenheit
| |
|
ft
|
Foot or feet
| |
|
gal
|
Gallon or gallons
| |
|
in
|
Inch or inches
| |
|
psf
|
Pounds per square foot
| |
|
psi
|
Pounds per square inch
|
C.
ACCESSORY STRUCTURE
ACCESSORY USE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
AMPACITY
APARTMENT
APARTMENT HOTEL
APARTMENT HOUSE
APPROVED
BASEMENT
BATHROOM
BOARDINGHOUSE
BOATEL
BUILDING
CELLAR
CENTRAL DINING ROOM
CENTRAL KITCHEN
CLUB
COMBUSTIBLE
COMMUNAL DINING ROOM
COMMUNAL KITCHEN
CONVALESCENT HOME
DORMITORY
DORMITORY UNIT
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EXIT
FALLOUT SHELTER
FAMILY
FIRE-RESISTANCE RATING
FLAME-RESISTANT MATERIAL
FLAME SPREAD RATING
FRATERNITY HOUSE
GENERALLY ACCEPTED STANDARD
GRADE
(1)
(2)
GROUND COVER
(1)
(2)
HABITABLE SPACE
HOTEL
HOTEL UNIT
INFESTATION
INTERIOR FINISH
INTERIOR TRIM
JUNK VEHICLE
KITCHEN
KITCHENETTE
LODGING HOUSE
LODGING UNIT
MIGRANT
MIGRANT HOUSING PREMISES
MIXED-OCCUPANCY BUILDING
MOBILE HOUSING PREMISES
MOTEL
MULTIPLE DWELLING
(1)
(a)
(b)
(c)
(2)
MUNICIPALITY
NONCOMBUSTIBLE
NONHABITABLE SPACE
NURSING HOME
OCCUPANT
OLD-AGE HOME
OWNER
PLUMBING SYSTEM
POTABLE WATER
PUBLIC SPACE
PROPERTY
RESIDENTIAL PREMISES
ROOMING HOUSE
SEWAGE
SHOWER ROOM
SORORITY HOUSE
STATE UNIFORM FIRE PREVENTION AND BUILDING CODE
STORY
STRUCTURE
TOILET ROOM
UNIFORM CODE
VENTILATION
(1)
(2)
Definitions. As used in this Part 1, the following terms
shall have the meanings indicated:
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.
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:
Offices for the building management;
Public dining rooms, banquet rooms, public kitchens, and ballrooms;
Recreation and play rooms;
Laundries for the use of occupants provided by or in connection with
the management and operation of a residential building;
Maintenance and work shops and storage rooms for linen, bedding, furniture,
supplies, and occupants' equipment and effects;
Stores, rooms, or space for the sale or display of merchandise;
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.
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."
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.
A room where meals are furnished or served.
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.
A room designed and equipped for eating purposes for occupants.
A kitchen available for common use of occupants.
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."
A room designed to be used for sleeping purposes only by four or
more occupants.
A building containing only one dwelling unit and occupied by only
one family.
A building containing only two dwelling units and occupied by only
two families.
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.
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.
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.
Material which is flame resistant by nature or has been made flame
resistant in conformity with generally accepted standards.
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.
See "dormitory."
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.
FINISHEDThe natural surface of the ground or the surface of the ground after completion of any change in contour.
AVERAGE FINISHEDThe average elevation of the finished grade adjoining a building wall. Where two or more building walls are involved, the average shall be computed on the following basis: multiply the length of each building wall by the average elevation along the respective wall and add the products obtained to form a total; divide this total by the sum of the lengths of the building walls.
VEGETATIVELawn, turf, or vegetative growth other than weeds, thistles, allergenics, drug derivatives, or similar plants.
MECHANICALCrushed stone or other mechanically applied materials which stabilize ground surface.
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."
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.
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.
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.
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.
A building containing primarily lodging units, with or without meals
provided as a condition of occupancy. See "multiple dwelling."
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.
Property used, or intended to be used, as residential accommodations
and related facilities for migrants.
A building occupied in part for residential use and in part for some
other nonaccessory use. See "multiple dwelling."
Property, including improvements and facilities, designed to accommodate
mobile homes and recreational vehicles, including such units located thereon.
See "hotel."
Any of the following:
A building designed or occupied for residential purposes by more than
two families;
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
The residential part of a mixed-occupancy building.
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.
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."
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.
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.
The water supply system, drainage system, vent system, fixtures and
traps, including their respective connections, devices, and appurtenances
within property lines.
Water approved for drinking, culinary, and domestic purposes.
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.
Property used or intended to be used for dwelling or related purposes.
See "lodging house."
Liquid waste containing animal or vegetable matter in suspension
or solution, and which may include industrial wastes and liquids containing
chemicals.
See "bathroom."
See "dormitory."
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.
An enclosed space containing one or more water closets which may
also contain one or more lavatories, urinals, and other plumbing fixtures.
See "bathroom."
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.
The supply to and removal of air from a space by natural or mechanical
means:
NATURALVentilation by opening to outer air through windows, skylights, doors, louvers, or stacks, with or without wind-driven devices.
MECHANICALVentilation by power-driven devices.
