Village of Ballston Spa, NY Chapter A209 Board of Health Regulations

[HISTORY: Adopted by the Board of Trustees of the Village of Ballston Spa 6-13-1972. Amendments noted where applicable.]

§ A209-1 Adoption of regulations.

The Board of Health of the Village of Ballston Spa adopts the rules and regulations contained in this chapter and the general provisions of the State Housing Code.

§ A209-2 Findings; purpose.

A. There exist and may in the future exist, within the State of New York premises, dwellings, dwelling units, rooming units or parts thereof which, by reason of their structure, equipment, sanitation, maintenance, use or occupancy, affect or are likely to affect adversely the public health (including the physical, mental and social well-being of persons and families), safety and general welfare. To correct and prevent the existence of such adverse conditions and to achieve and maintain such levels of residential environment quality as will protect and promote public health, safety and general welfare, the establishment and enforcement of minimum housing standards are required.

B. Purpose. It is hereby declared that the purpose of these regulations is to protect, preserve and promote the physical and mental health and social well-being of the people, to minimize the incidence of communicable diseases, to regulate privately and publicly owned dwellings for the purpose of maintaining adequate sanitation and public health and to protect the safety of the people and to promote the general welfare by regulations which shall be applicable to all dwellings now in existence or hereafter constructed. It is hereby further declared that the purpose of these regulations is to ensure that the quality of housing is adequate for the protection of public health, safety and general welfare. The achievement of this purpose includes the establishment of minimum standards for basic equipment and facilities for healthful living such as adequate water, waste disposal, bathroom facilities, light, ventilation, heating and cooling, for safety from fire and accidents, for the use and location and amount of space for human occupancy and for an adequate level of maintenance; setting forth the responsibilities of owners, operators and occupants of dwellings; and establishing the necessary provisions for administration and enforcement.

§ A209-3 Regulations for dwelling units.

A. Dwellings unfit for human habitation. Whenever the Board of Health finds that any dwelling constitutes a serious hazard to the health or safety of the occupant or to the public because it is dilapidated, unsanitary, vermin-infested or lacking in the facilities required by these regulations, it shall:

(1) Designate such dwelling unfit for human habitation.

(2) Order the dwelling vacated.

(3) Cause to be posted on the main entrance of any dwelling so closed a placard with the following words: "Use of this building for human habitation is prohibited and unlawful."

B. Failure to comply. If the owner fails to comply with an order issued by the Board of Health to bring the dwelling into compliance with the requirements of these regulations within a reasonable time, the Board of Health may beseech the District Health Officer to order such dwelling to be removed or demolished as provided for by applicable law.

C. Occupancy and letting. No owner or other person shall occupy or let to another person any vacant dwelling or dwelling unit unless it and the premises are clean, sanitary, fit for human occupancy and comply with the requirements of these regulations and all applicable laws.

D. Owner to maintain in a clean and sanitary condition. Every owner of a dwelling containing two or more dwelling units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.

E. Occupant to maintain in a clean and sanitary condition. Every occupant of a dwelling or dwelling unit shall maintain in a clean and sanitary condition that part or those parts of the dwelling, dwelling unit and premises thereof that he/she occupies and controls.

F. Occupant to dispose of rubbish. Every occupant of a dwelling or dwelling unit shall dispose of all his/her rubbish in a clean, sanitary and safe manner.

G. Occupant to dispose of garbage. Every occupant of a dwelling or dwelling unit shall dispose of all his/her garbage or any other organic waste which might provide food for insects or rodents in a clean, sanitary and safe manner, and if a container is used for storage pending collection, it shall be rodent proof, insect proof and watertight.

H. Containers to be provided for rubbish and garbage.

(1) Every owner of a dwelling containing three or more dwelling units shall supply facilities or containers for the sanitary and safe storage and/or disposal of rubbish and garbage.

(2) In single- or two-family dwellings it shall be the responsibility of the occupant to furnish such facilities or containers.

I. Responsibility for extermination.

(1) Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises.

(2) Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested.

(3) Whenever infestation is caused by failure of the owner to maintain a dwelling in a rat-proof or reasonable insect-proof condition, extermination shall be the responsibility of the owner.

(4) Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.

J. Water closet requirements. Within every dwelling unit there shall be a nonhabitable room which affords privacy to a person within said room and which is equipped with a flush water closet in good working condition. Said flush water closet shall be connected to a water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly and shall be connected to a municipal sewer system.

K. Lavatory sink requirements.

(1) Within every dwelling unit there shall be a room which affords privacy to a person within said room which is equipped with a lavatory sink.

(2) Said lavatory sink may be in the same room as the flush water closet or in another room, provided that the water closet shall be located in close proximity to the door leading directly into the room in which said lavatory sink is located.

(3) The lavatory sink shall be in good working condition and properly connected to a municipal water supply system which provides at all times an adequate amount of heated and unheated running water under pressure and which is connected to a municipal sewer system.

L. Bathtub or shower requirements.

(1) Within every dwelling unit there shall be a room which affords privacy to a person within said room and which is equipped with a bathtub or shower in good working condition.

(2) Said bathtub or shower may be in the same room as the flush water closet or in another room and shall be properly connected to a municipal water supply system which provides at all times an adequate amount of heated and unheated running water under pressure and which is connected to a municipal sewer system.

§ A209-4 Penalties for offenses.

Any person who shall be found in violation of the foregoing regulations shall be liable for a penalty of not more than $100 per day for each day that said violation is determined to have existed.