[HISTORY: Adopted by the Board of Trustees
of the Village of Brewster 7-7-1993 by L.L. No. 1-1993 (Ch. 72 of the 1992
Code). Amendments noted where applicable.]
It is hereby found and declared that there exists
in the Village of Brewster a significant number of structures containing
two or more dwelling units, each designed for occupancy by a distinct
family unit; that certain problems may exist in connection with the
operation of such structures, particularly with respect to the provisions
of this chapter of the Code of the Village of Brewster, which affect
the health, safety and general welfare of the persons residing therein
and of the population of the Village in general; that administration
of the provisions of this chapter is especially inhibited with regard
to rental units in that the curing of violations in such units is
made more difficult by the presence of persons actually occupying
such units while violations continue; and that increased efficiency
in the administration of this chapter will alleviate the conditions
above referred to and will help to maintain the economic value of
real property in the Village.
A.
The purpose of this article 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.
B.
This article shall apply to residential premises as
follows:
(1)
Lots, plots or parcels of land on which residential
buildings, buildings of mixed occupancy or accessory structures are
located.
(2)
Residential buildings, including one- and two-family dwellings and multiple dwellings, except as specifically excluded in Subsection C below.
(3)
Residential occupancies in buildings of mixed occupancy.
(4)
Accessory structures, accessory to residential occupancies.
C.
This article shall not apply to mobile homes and mobile
home courts, trailer courts or to transient-type occupancies and uses,
including but not limited to nursing and convalescent homes, hotels,
motels, tourist camps, farm labor camps, travel trailers and trailer
parks and other forms of temporary housing.
A.
The provisions of this article 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 article, 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 article, 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 article is found to be in
conflict with a provision of a zoning, building, electrical, plumbing,
firesafety, 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 more restrictive
or which establishes the higher standard shall prevail.
A.
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 applicable statutes of the State of New York and orders,
rules and regulations issued by authority thereof.
B.
Conformity of such work, materials, assemblies or
equipment with the applicable requirements of the New York State Uniform
Fire Prevention and Building Code Act shall be prima facie evidence
that the same is reasonably safe to persons and property.
As used in this article, 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
use 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 residential
building.
Maintenance and work shops, 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 and cigar
stands.
Garages within a residential building or on
the premises thereof used primarily for the storage of passenger-type
motor vehicles.
Approved by the administrative officer under the regulations
of this article or approved by an authority designated by law or this
article.
That space of a building that is partly below grade, which
has more than half its height, measured from floor to ceiling, above
the average established curb level or finished grade of the ground
adjoining the building.
Enclosed space containing one or more bathtubs or showers,
or both, and which may also contain 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.
See "basement."
A building containing not more than two dwelling units, occupied
exclusively for residential purposes.
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities, arranged for the use of one family.
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.
Any number of individuals related by blood, marriage or adoption,
living together as a single housekeeping unit using rooms and housekeeping
facilities in common and having such meals as they may eat at home
generally prepared and eaten together.[1]
A specification, code, rule, guide or procedure in the field
of construction or related thereto recognized and accepted as authoritative.
The natural surface of the ground or the surface of the ground
after completion of any change in contour, abutting a building or
premises.
A 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.")
The presence, within or contiguous to a dwelling unit, lodging
house, lodging unit or premises, of insects, rodents, vermin or other
pests.
A space 60 square feet or more in floor area, with a minimum
width of five feet, used for cooking or preparation of food.
A space less than 60 square feet in floor area, used for
cooking or preparation of food.
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, 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."
The Village of Brewster, located in the County of Putnam,
State of New York.
Space used as kitchenettes, 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.")
Shall be held to embrace public nuisance, as known at common
law or in equity juris prudence; whatever is dangerous to human life
or detrimental to health; whatever building or erection or part or
cellar thereof is overcrowded with occupants, or is not provided with
adequate ingress and egress to and from the same or the apartments
thereof, or is not sufficiently supported, ventilated, sewered, drained,
cleaned or lighted in reference to its intended or actual use; and
whatever renders the air or human food or drink unwholesome. All such
nuisances are hereby declared illegal.
[Added 11-20-2002 by L.L. No. 4-2002[2]]
An individual, partnership, corporation or other legal entity
which is the owner of record of real property subject to the provisions
of this chapter. In cases where such owner is a partnership, each
general partner shall also be considered to be an owner with respect
to such property, and in cases where such owner is a corporation,
each person owning 20% of the voting shares thereof or more shall
be considered to be an owner with respect to such property, or any
other person recognized at law as being an owner.
The water supply system, the drainage system, the vent system,
fixtures and traps, including their respective connections, devices
and appurtenances within the property line 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.[3]
Liquid waste containing animal or vegetable matter in suspension
or solution and which may include industrial wastes and liquids containing
chemicals.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
Enclosed space containing one or more water closets, which
may also contain one or more lavatories, urinals and other plumbing
fixtures. (See also definition of "bathroom.")
Supply and removal of air to and from a space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks, with or without wind-driven devices.
The duly elected Mayor of the Village of Brewster and/or
any person duly appointed to carry out the charges and responsibilities
of the Mayor under the provisions of this chapter.
A.
Buildings occupied, in whole or in part, as defined
in this article shall comply with the requirements hereinafter set
forth concerning occupancy, size, light and ventilation in order to
provide safe and healthful environment.
B.
The term "accessory use" shall have a uniform meaning
and shall apply in the same manner and under the same conditions or
restrictions to all residential buildings.
Buildings, for the purpose of this article,
shall be classified in respect to their occupancies as follows:
A.
One- and two-family dwellings: buildings containing
one or two dwelling units with fewer than four lodgers residing with
a family in either one of such dwelling units.
B.
Multiple dwellings:
(1)
Buildings containing one or two dwelling units with
more than four lodgers with a family in either one of such dwelling
units.
(2)
Buildings containing three or more dwelling units.
(3)
Apartment houses and apartment hotels.
(4)
Lodging houses.
(5)
Buildings with sleeping accommodations for more than
five persons, used or occupied as a club, dormitory, fraternity or
sorority house or for similar uses.
(6)
Garden apartments.
C.
Accessory structures. Garages, carports and similar-type
structures on residential premises.
A.
In dwelling units, the maximum number of occupants
shall be limited to the number determined on the basis of floor areas
of habitable rooms, other than kitchens, as follows:
B.
In lodging units, the maximum number of occupants
shall be limited to the number determined on the same basis as for
dwelling units.
C.
In buildings occupied as clubs, dormitories or sorority
or fraternity houses and providing sleeping accommodations for more
than five persons, the maximum number of occupants so accommodated
in any habitable room shall be limited to the number determined on
the basis of the floor area, in square feet, of the room divided by
50 square feet per occupant.
A.
It shall be prohibited to use for sleeping purposes
any kitchen, nonhabitable space or public space.
B.
It shall be prohibited in lodging houses to use, for
dining purposes, any communal kitchen containing less than 100 square
feet of floor area or any nonhabitable space or public space other
than a dining space.
C.
It shall be prohibited to use any cellar space as
habitable space.
A.
Size.
(1)
Habitable space shall have a minimum ceiling height
of seven feet six inches over 50% of the floor area, and the floor
area where the ceiling height is less than five feet shall not be
considered in computing floor area.
(2)
A dwelling unit shall contain at least one habitable
room having a minimum of 150 square feet of floor area and a minimum
horizontal dimension of 10 feet.
(3)
Kitchens shall have a minimum of 60 square feet of
floor area, and other habitable spaces shall contain not less than
80 square feet of floor area and shall have a minimum horizontal dimension
of seven feet.
(4)
Every alcove less than 60 square feet in area, except
a cooking space or foyer, shall be deemed to be part of a habitable
room. The area of the opening in the dividing partition between the
alcove and the room shall be at least 80% of the wall area of such
partition, measured on the alcove side, but not less than 40 square
feet. The depth of such alcove shall not exceed half its width. The
floor area of the alcove shall be added to the floor area of the room
in determining light and ventilation requirements for the room. An
alcove with an area of 60 square feet or more but less than the required
area of a habitable room shall be separately lighted and ventilated
as required for habitable space.
B.
Basements. Basements shall not be deemed habitable
space where required windows are located only on one wall and the
depth of the basement space exceeds four times its clear height.
C.
Light and ventilation.
(1)
Habitable space shall be provided with natural light
through one or more windows, skylights or transparent or translucent
panels, or any combination thereof, that face directly on legal open
spaces, at least six inches above the adjoining finished grade, or
are above a roof. The amount of light shall be equivalent to that
transmitted through clear glass equal in area to 8% of the floor area
of the habitable space.
(2)
Habitable space shall be provided with artificial
light.
(3)
Habitable space shall be provided with natural ventilation
through operable parts of windows or other openings in exterior walls
that face legal open spaces above the adjoining finished grade or
above a roof or through operable parts of skylights providing total
clear ventilation area equal to not less than 4% of the total floor
area of each habitable space.
(4)
Habitable space may also be provided with mechanical
ventilation in addition to natural ventilation.
D.
Miscellaneous requirements.
(1)
Dwelling units shall be separated from each other
and from other spaces outside the dwelling unit.
(2)
Sleeping rooms within dwelling units shall be separated
from each other and from other spaces outside the sleeping rooms to
provide privacy.
(3)
Lodging units shall be separated from each other and
from other spaces outside the lodging units.
(4)
A commercial kitchen or dining room in a lodging house
shall be accessible to the occupants sharing such kitchen or dining
room without going through a dwelling unit or lodging unit of another
occupant.
A.
Height. Public space shall have a minimum height of
seven feet six inches measured from finished floor to finished ceiling.
B.
Light and ventilation.
(1)
Public spaces shall be provided with artificial light.
(2)
In public stairs, stairways and passageways, artificial
light shall be electric lighting available at all times so as to afford
safe passage for occupants and users. Such lighting shall conform
to the following:
(a)
A sufficient number of fixtures shall be provided
so that the distance between fixtures is not more than 30 feet and
so that no wall is more than 15 feet distant from a fixture.
(b)
Incandescent lighting shall be based on not
less than 1/4 watt per square foot of floor area, except that each
fixture shall have a lamp or lamps with a total of not less than 25
watts.
(c)
Fluorescent lighting shall be based on not less
than 1/10 watt per square foot of floor area, except that each fixture
shall have a lamp or lamps of a total of not less than 15 watts.
(d)
Where under these formulas the calculated wattage
does not correspond to that of a standard lamp, the next larger size
shall be used.
(3)
Public spaces shall be provided with either natural
ventilation, conforming to the requirements for habitable space, or
with mechanical ventilation.
A.
Height. Nonhabitable space, except crawl spaces and
attics, in multiple dwellings shall have a minimum height of seven
feet measured from floor to ceiling.
B.
Toilet rooms and bathrooms.
(1)
Toilet rooms and bathrooms in one- and two-family
dwellings shall have provisions for privacy.
(2)
Toilet rooms and bathrooms for dwelling units in multiple
dwellings shall be located within the dwelling units and shall be
accessible from any sleeping room without passing through any other
sleeping room.
(3)
Unless located within dwelling units or directly connected
with sleeping rooms, toilet rooms and bathrooms in multiple dwellings
shall be provided in each story containing habitable space and shall
be accessible thereto.
(4)
Toilet rooms for employees in multiple dwellings shall
be in separate rooms for each sex where there are five or more employees,
shall be readily accessible to such employees and shall not open directly
into any public kitchen or other public space used for the cooking
or preparation of food.
(5)
In one- and two-family dwellings, bathrooms and toilet
rooms shall be provided with floors of moisture-resistant material.
(6)
In multiple dwellings, floors of bathrooms, toilet
rooms and similar spaces shall be waterproof; such waterproofing shall
extend six inches or more above floors, except at doors, so that floors
can be flushed or washed without leaking.
C.
Light and ventilation.
(1)
Kitchenettes, bathrooms and toilet rooms shall be
provided with artificial light appropriate for the use of such rooms.
(2)
Laundry rooms, furnace rooms and similar nonhabitable
space shall be provided with artificial light appropriate for the
intended use of such rooms.
(3)
Stairs shall be provided with artificial light to
allow safe ascent or descent.
(4)
Kitchenettes, bathrooms and toilet rooms shall be
provided with ventilation in accordance with either of the following:
(a)
Natural ventilation as required for habitable
space, except that such operable areas shall be not less than 1 1/2
square feet for bathrooms or toilet rooms and not less than three
square feet for kitchenettes; or
(b)
Mechanical ventilation exhausting not less than
25 cubic feet per minute for bathrooms and toilet rooms and not less
than 100 cubic feet per minute for kitchenettes.
(5)
Spaces in multiple dwellings which contain central
heat-producing, air-conditioning and other equipment shall be ventilated
to the outer air, and air from these spaces shall not be recirculated
to other parts of the building.
(6)
Ventilation shall be provided in unheated attics,
spaces below flat roofs and crawl spaces. Location and net areas of
ventilation openings shall be such as to minimize deterioration of
structural members from condensation or other causes, in conformity
with generally accepted standards.
A.
Safe, continuous and unobstructed exits shall be provided
from the interior of the building to the exterior at street or grade
level.
B.
Exits shall be arranged, constructed and proportioned
so that occupants may escape safely from the building in case of emergency.
C.
In one- and two-family dwellings, in addition to a
primary exit from the building, there shall be provided a secondary
exit or, in lieu thereof, one or more exit openings for emergency
use.
D.
In multiple dwellings approved exits shall be provided.
A.
Buildings and parts hereof shall be maintained so
as to be capable of sustaining safely their own weight and the loads
to which they may be subject.
B.
Buildings shall be maintained so that loads are transmitted
to the soil without undue differential settlement, unsafe deformation
or movement of the building or of any structural part.
C.
Buildings shall be maintained so that protection is
provided for all structural members which may become structurally
unsound if left unprotected. Causes of such deterioration include,
among others, the action of freezing and thawing, dampness, corrosion,
wetting and drying and termites and other destructive insects.
D.
Buildings built in soil which is water-bearing at
any season of the year shall be maintained so that ground- and surface
water will not penetrate into habitable spaces, basements and cellars.
A.
Foundation walls shall be maintained so as to be structurally
sound and to prevent entrance of moisture, termites and vermin. Such
protection shall consist of shoring, where necessary, subsoil drains
at footings, grouting of masonry cracks, waterproofing of walls and
joists and other suitable means.
B.
Exterior walls and wall components shall be maintained
so as to prevent deterioration due to the elements and destructive
insects. Such maintenance shall consist of painting, installation
or repair of walls, copings and flashings, waterproofing of joints,
waterproof coatings, installation or repair of termite shields, poison
treatment of soil or other suitable means.
C.
Roofing shall be maintained in a watertight condition
so as to prevent leakage into the building. Such maintenance shall
consist of repairs of roofing, waterproof coating or other suitable
means.
A.
Crawl spaces shall be maintained free of moisture,
and the flow of air from such spaces into walls above shall be effectively
barred so as to prevent deterioration of structural members. Such
provisions shall consist of maintenance of openings in foundation
walls to provide adequate circulation of air in the crawl spaces,
covering the ground in the crawl space with a moisture barrier, installation
of drains outside the structure if the crawl space is below surrounding
grade, blocking openings in stud walls to prevent flow of air and
moisture into walls, frequent destruction of termite tubes from the
soil to wood floor members above, poison treatment of soil and other
suitable means.
B.
Structural members shall be maintained so as to be
structurally sound. Such protection shall consist of shoring, reinforcement
of repair where necessary, frequent destruction of termite tubes or
other appropriate means.
C.
Chimneys and flues shall be maintained so as to be
structurally sound and to prevent leakage of grease into the structure.
Such maintenance shall consist of clearing flue stoppages, sealing
open joints, repairing masonry where necessary and other suitable
means.
D.
Ceilings and walls shall be maintained so that parts
which become loose or defective do not constitute a hazard to occupants.
Such maintenance shall consist of removing and replacing loose or
defective sections.
E.
Toilet room and bathroom floors shall be maintained
so as to prevent leakage of water through the floors, under normal
conditions of use and floor washing, and resultant deterioration or
defects in structural members and ceilings below. Maintenance shall
consist of repairs which effectively provide the moisture and waterproof
qualities required for the particular floor.
It shall be prohibited:
A.
To accumulate or store on residential premises, except
in approved locations, any highly flammable or explosive matter, such
as paints, volatile oils, cleaning fluids and similar materials, or
any combustible refuse liable to spontaneous combustion, such as wastepaper,
boxes, rags or similar materials.
B.
To accumulate or store materials on fire escapes or
stairs, in stairways or passageways, at doors or windows or in any
other location where, in the event of fire, such materials may obstruct
the egress of occupants or interfere with fire-fighting operations.
A.
Walls and ceilings shall be maintained free from cracks
and openings which would permit flame or excessive heat to enter the
concealed space.
B.
In buildings of mixed occupancy, nonresidential space
shall be separated from residential space by approved fire separations
which will retard the spread of fire.
C.
Garages in or attached to a residential building shall
be separated from other spaces in the building by approved fire separations
which will retard the spread of fire and prevent flammable or toxic
vapors originating within the garage from being transmitted to other
parts of the building.
Interior finish materials for acoustical correction,
surface insulation and decorative treatment on the surfaces of walls
and ceilings and interior trim shall be of materials that will not,
in burning, give off excessive amounts of smoke or objectionable gases.
A.
Fireplaces and similar construction used or intended
to be used for burning fuel in open fires shall be connected to approved
chimneys and shall be installed so that nearby or adjacent combustible
materials and structural members shall not be heated to unsafe temperatures.
B.
Hearths and linings or other parts of fireplaces exposed
directly to flame shall be of materials that will not melt, disintegrate,
spall or shatter at high temperatures.
C.
Wood mantels and trim on fireplaces shall be placed
and attached so that they cannot be heated to unsafe temperatures
or ignited by sparks or embers from the fire.
A.
Plumbing, heating, electrical, ventilating, air-conditioning,
refrigerating, cooking, fire-protection and radiation-production equipment,
elevators, dumbwaiters and escalators and their mechanical additions,
installations or systems for the use of the building shall be installed,
located and maintained so that under normal conditions of use such
equipment and systems will not be a danger to health or welfare, a
danger because of structural defects or a source of ignition or a
radiation hazard and will not create excessive noise or otherwise
become a nuisance. Equipment and systems include but are not limited
to apparatus, devices, fixtures, piping, pipe hangers, pipe covering,
wiring, fittings and materials used as part of or in connection with
such installations.
B.
Equipment and systems subject to damage from freezing
shall be adequately protected against freezing.
C.
Moving parts of equipment which may be a potential
hazard shall be guarded to protect against accidental contact.
B.
Water supply.
(1)
Potable water from an approved source shall be available
at all times in residential buildings. The domestic water supply system
of the building shall be connected to such approved source and shall
not be subject to contamination. When supplied from a public source,
the potable water supply system shall not be connected to private
or unsafe water supplies.
(2)
Water supply systems shall be installed and maintained
so as to provide at all times a supply of water to plumbing fixtures,
devices and appurtenances in sufficient volume and at pressures adequate
to enable them to function satisfactorily and without undue noise
under all normal conditions of use.
(3)
Water supply systems shall be installed and maintained
so that water used for purposes of cooling or heating shall not be
reintroduced into the domestic water supply system nor be distributed
through such equipment to plumbing fixtures.
(4)
Hot-water supply systems shall be provided with safety
devices arranged to relieve hazardous pressures and excessive temperatures.
C.
Sewage drainage system.
(1)
Plumbing fixtures shall be drained to a sewage drainage
system, and such system shall be connected to a public sewer or to
an adequate and approved system of sewage disposal.
(2)
Where a public sewer is not available, a system shall
be provided to receive and dispose of sewage without health hazard
or nuisance.
(3)
Sewage or other waste which may be deleterious to
surface or subsurface waters shall not be discharged into the ground
or into a waterway, unless it has first been rendered harmless through
subjection to treatment in conformity with generally accepted standards.
(4)
Substances which will clog the pipes, produce explosive
mixtures, destroy the pipes or their joints or interfere unduly with
the sewage disposal process shall not be discharged into the building
drainage system, unless it is provided with approved devices suitable
for intercepting such substances.
(5)
Each fixture directly connected to the sewage drainage
system shall be equipped with a water-seal trap.
(6)
Adequate cleanouts shall be provided and maintained
so that the pipes may be readily cleaned.
(7)
The drainage system and its attendant vent piping
shall be maintained so as to provide adequate circulation of air in
all pipes in order that siphonage, aspiration or pressure will not
cause a loss of trap seal under ordinary conditions of use.
(8)
Each vent terminal to the outer air shall be installed
and maintained so as to minimize the possibilities of clogging, frost
closure, the return of foul air to the building or the creation of
a nuisance to adjacent premises.
(9)
Drains provided for fixtures, devices, appliances
or apparatus containing food, water, sterile goods or similar materials
shall be equipped with air breaks adequate to prevent contamination
of such contents from any possible backup of sewage through the direct
or indirect drainage piping.
D.
Storm drainage.
(1)
Roofs and paved areas, including yards and courts,
shall be drained. Storm drainage shall be conveyed to an adequate
and approved system of stormwater disposal where available. Storm
drains shall be discharged in such manner that water will not flow
onto sidewalks.
(2)
Where a drainage system may be subject to backwater,
suitable provisions shall be made to prevent its overflow into the
building.
(3)
Leaders and gutters, if used, shall be constructed
of noncombustible material, except that wood leaders and gutters may
be used for buildings not more than three stories high.
E.
Plumbing facilities.
(1)
Buildings and portions thereof shall be provided with
plumbing systems designed to dispose of the sewage from all fixtures
and to furnish cold water to every water closet and urinal and hot
and cold water to every sink, lavatory, bathtub and shower required
therein. In multiple dwellings, hot water shall be furnished at a
temperature range of 130° F. to 140° F. from 6:00 a.m. to
12:00 midnight.
(5)
Urinals may be substituted in men's toilet rooms for
not more than 1/3 of the required number of water closets.
(6)
Privies, privy vaults and outhouses shall be prohibited
on residential premises.
F.
Plumbing fixtures.
(1)
Plumbing fixtures shall be made of smooth nonabsorbent
material and shall be free from concealed fouling surfaces.
(2)
Plumbing fixtures shall be so spaced as to be reasonably
accessible for their intended use.
(3)
Plumbing fixtures shall be located in spaces that
are accessible, lighted and ventilated.
G.
Swimming pools.
(1)
The water supply used for filling or for cleaning
of the pool shall be clean. The water supply shall be protected against
potential pollution from all sources, including cross-connection and
backflow.
(2)
Drains shall be provided so that the pool can be safely
and adequately drained. Drains shall be provided in floors surrounding
the swimming pool and arranged so that water from such areas will
drain without entering the pool.
(3)
Filtering, sterilizing and auxiliary equipment, where
required, shall be adequate to maintain the sanitary quality of water
during each period the pool is in use. Equipment containing gases
or disinfectants capable of giving off irritating, toxic or flammable
fumes shall be located in ventilated rooms.
(4)
The installation shall be arranged and maintained
to prevent dirt, sand or other foreign matter from entering the bathing
area.
H.
Water supply tanks.
(1)
Water supply tanks shall be installed and maintained
so as to be watertight, vermin proof, rodent proof, resistant to corrosion
and capable of withstanding the working pressures under normal operation.
(2)
Supports for tanks shall be of noncombustible construction.
(3)
Tanks and their supports shall not be used to support
equipment or structures other than for tank use, except where specially
designed for such other use.
(4)
Means for emptying water supply tanks shall be provided
and maintained in proper working conditions.
(5)
Potable water supply tanks for domestic supply and
standpipe or automatic sprinkler systems shall be installed and maintained
to furnish water in sufficient quantity and pressure for such systems.
A.
Fuel gas.
(1)
General requirements.
(2)
Shutoff valves.
(a)
Gas piping systems shall have at least one accessible
means for shutting off all gas supply, and such means shall be maintained
in good operating condition.
(b)
An easily accessible shutoff valve or cock shall
be provided in the piping in close proximity to and ahead of every
outlet for gas appliance.
(3)
Service equipment for gas supplied from utility mains.
Gas services, gas meters and gas pressure regulators shall be located
so that they are protected from damage.
(4)
Gas refrigerators and ranges. Gas refrigerators and
ranges shall be installed with clearance for ventilation and shall
be maintained in good operating condition.
(5)
High-pressure gas. Any service connection supplying
gas at a pressure in excess of one pound per square inch gauge shall
be provided with a device to reduce such pressure to not more than
1/2 pound per square inch gauge prior to entering the meter, except
where such service supplies equipment using gas at high pressures.
(6)
Liquefied petroleum gas.
(a)
Undiluted liquefied petroleum gas in liquid
form shall not be conveyed through piping equipment and systems in
buildings.
(b)
Liquefied petroleum gas shall not be vaporized
by devices utilizing open flame or open electrical coil.
(c)
Where two or more containers are installed,
the connection shall be arranged so that the containers can be replaced
without shutting off the flow of gas to equipment.
(d)
Containers shall be designed, stored and located
as not to be a hazard to the premises served or to the surrounding
property.
(e)
Systems shall be provided with safety devices
to relieve excessive pressures and shall be arranged so that the discharge
terminates at a safe location.
(f)
Systems shall have at least one accessible means
for shutting off the gas. Such means shall be located outside the
building and shall be maintained in good operating condition.
B.
Fuel oil.
(1)
General requirements. Fuel oil shall be received,
stored and conveyed by means of fixed liquid-tight equipment.
(3)
Piping.
(a)
Automatically operated boilers and furnaces
using fuel oil shall be provided with remote controls to stop the
flow of oil during fire or other emergency.
(b)
Filling, emptying and venting of tanks shall
be by means of fixed piping. Pipes to underground tanks shall be pitched
toward tanks. Terminals to fill and vent pipes shall be located outside
buildings at a safe distance from building openings.
A.
General requirements.
(1)
Residential buildings intended for occupancy between
the first day of November and the first day of May of the following
year shall be provided with heating equipment designed to maintain
a temperature of not less than 70° F., at a distance of three
feet and more from exterior walls and at a level of five feet above
the floor in habitable spaces, kitchenettes, bathrooms and toilet
rooms. The capability of the heating equipment to maintain such indoor
temperature shall be based on the average of the recorded annual minimum
outside temperature for the locality.
(2)
In multiple dwellings, adequate heat shall be provided
to maintain the indoor temperature in habitable spaces, kitchenettes,
bathrooms and toilet rooms at 70° F. from 6:00 a.m. to 11:00 p.m.
when the outside temperature falls below 55° F.
B.
Smoke control. Fuel-burning heat-producing equipment
shall be installed and maintained so that the emission or discharge
into the atmosphere of smoke, dust, particles, odors or other products
of combustion will not create a nuisance or be detrimental to the
health, comfort, safety or property of any person.
C.
Warm-air heating. Ducts and other air-handling equipment
used for heating shall conform to the requirements of such equipment
used for ventilating purposes.
D.
Prohibited locations for heat-producing equipment.
Fuel-burning water heaters shall not be located in sleeping rooms,
bathrooms or toilet rooms.
E.
Fuel-supply connection. Fuel-burning equipment shall
be permanently fastened and connected in place. Fuel-supply connection
to such equipment shall be made with pipe or tubing of solid metal.
F.
Installation and clearance. Where heat-producing equipment
is installed on or adjacent to combustible materials, the location,
insulation, clearance and control of the equipment shall be such that
the temperature on the surface of the combustible material will not
exceed a safe temperature.
G.
Air supply.
(1)
Direct-fired heat-producing equipment and the enclosure
in which it is located shall be provided with a supply of air adequate
both for complete combustion at the rated gross output of the equipment
and for the ventilation of the enclosure to prevent the accumulation
of heat.
(2)
Rooms containing fuel-burning equipment shall have
such air supply provided by means of one or more openings to the exterior
or by means of fixed openings to interior spaces which open to the
exterior.
H.
Removal of products of combustion.
(1)
Equipment for burning solid or liquid fuel shall be
connected to suitable chimneys or flues and shall not be connected
to gas vents. Unvented heaters burning liquid fuel shall be prohibited.
(2)
Fuel-burning space heaters located in sleeping rooms
or rooms normally kept closed shall be connected to a suitable chimney,
flue or gas vent.
(3)
Gas-fired equipment shall be connected to a suitable
chimney, flue or gas vent when the discharge of the products of combustion
onto the space where the equipment is installed would be a hazard.
I.
Safety devices.
(1)
Equipment capable of developing hazardous pressures
or temperatures shall be provided with means to relieve safely such
pressures and temperatures.
(2)
Controls for the safe operation of automatically operated
heat-producing equipment shall be provided to function as follows:
(a)
When failure or interruption of flame or ignition
occurs, the fuel supply shall be cut off.
(b)
When a predetermined temperature or pressure
is exceeded, the input of additional heat shall be prevented or reduced
to a safe rate.
(c)
When the water level in a steam boiler drops
below a predetermined level, the fuel supply shall be cut off.
(d)
When failure or interruption of a pilot light
or main burner of liquefied-petroleum-gas equipment occurs, the fuel
supply to each pilot light and main burner shall be cut off.
J.
Heating of garages. Fuel-burning equipment for garages
servicing multiple dwellings shall be located in heater rooms, except
that equipment burning gas or liquid fuel located in the vehicle storage
space shall be permitted in stories at or above grade where elevated
so as not to be exposed to possible accumulation of flammable gases.
A.
General requirements.
(1)
Chimneys, flues, gas vents and their supports shall
be installed and maintained so as to be structurally safe, durable,
smoketight, noncombustible and capable of withstanding the action
of flue gases without softening, cracking, corroding or spalling.
(2)
Such facilities shall effectively convey the products
of combustion to the outer air.
(3)
Masonry and chimneys, except approved prefabricated
chimneys, shall have noncombustible foundations.
(4)
Flue linings shall be capable of withstanding the
action of flue gas without softening, cracking, corroding or spalling
at the temperature to which they will be subjected.
(5)
Openings for smoke-pipe or gas-vent connections shall
be provided with means for easy connection without restriction of
flue.
(6)
No flue shall have smoke-pipe or gas-vent connections
in more than one story of a building.
(7)
Fuel-burning equipment and fireplaces located in different
tenancies shall not be connected to the same flue.
B.
Firesafety. Chimneys, flues and gas vents shall be
installed and maintained so that under conditions of use the temperature
of any combustible material adjacent thereto, insulated therefrom
or in contact therewith does not exceed a safe temperature.
C.
Spark arrestors. A chimney or flue connected to an
incinerator and a chimney or flue which may emit sparks shall be provided
with a spark arrestor of noncombustible construction. Spark arrestors
shall have sufficient total clear area to permit unrestricted passage
of flue gases. Openings in spark arrestors shall be of such size as
to prevent passage of embers and to minimize clogging by soot.
[Added 11-20-2002 by L.L. No. 4-2002]
A.
Nuisances; who is liable. It hereby declared to be
the duty, of which there shall be a joint and several liability of
every owner, part owner, person interested and every lessee, tenant
and occupant of, or in, any place, water, ground, room, stall, apartment,
building, erection, vessel, vehicle, matter and thing in the Village,
and of every person conducting or interested in business therein,
and of every person who has undertaken to clean any place, ground
or street therein, and of every person, public officer and employee
or appointee of the incorporated municipality of the Village of Brewster
having charge of any ground, place, building or erection therein,
to keep, place and preserve the same in every part, and the sewerage,
drainage and ventilation thereof in such condition, and to conduct
the same in such manner that it shall not be dangerous or prejudicial
to life or health, subject to the health code and orders of the department.
B.
Dangerous buildings, places and things; declaration
as nuisance. Whenever any building, erection, excavation, premises,
business pursuit, matter or thing, or the sewerage, drainage or ventilation
thereof, in the Village, in the opinion of the Village of Brewster
Board of Trustees, whether as a whole or in any particular, shall
be in a condition or in effect dangerous to life or health, and whether
there shall be growing on any property any ragweed or any species
of weed, plant or growth which is noxious and detrimental to the public
health or the seed, pollen or emanation thereof, when carried through
the air or otherwise disbursed, is noxious or detrimental to the public
health, or in the considered opinion of the Village of Brewster Board
of Trustees, employees and/or appointees of the Village of Brewster
Board of Trustees that the same is in such a vast state or condition
of deterioration or disrepair, the Village may take and file among
its records what it shall regard as sufficient proof to authorize
its declaration that the same, to the extent it may specify, is a
public nuisance or dangerous to life or health; and may thereupon
enter the same in its records as a nuisance, and order the same to
be removed, abated, suspended, altered or otherwise improved or purified
as such order shall specify. The Village of Brewster Board of Trustees
and its designated representatives are authorized to furnish the municipality
with information in writing as to the properties and locations where
such noxious weeds and growths and such deleterious deterioration
may be found.
C.
Stay of execution; modification. If any party, within three days after service or tentative service of such order upon him or her and before its execution is commenced shall apply to the Village of Brewster Board of Trustees or its designated representative/agent thereof, to have such order or its execution stayed or modified, it shall then be the duty of the Village of Brewster Board of Trustees to temporarily suspend or modify it at the execution thereof, save in cases of imminent peril to the public health, when the Village of Brewster Board of Trustees may exercise extraordinary powers as defined in Chapter 82, Buildings, Unsafe, infra, and in this chapter to give such party or parties together, as the case in the opinion of such Village of Brewster Board of Trustees may require, a reasonable and fair opportunity to be heard before it and to present facts and proofs, according to its rules and directions, against such declaration and the execution of such order or in favor of its modification, according to the regulation of the Village of Brewster Board of Trustees. Such Village of Brewster Board of Trustees shall enter in its minutes such facts and proofs as it may receive in its proceedings on such hearing as required, and any other proof it may take; and thereafter as necessary may rescind, modify or reaffirm its declaration and order and require execution of the original, or of a new or modified order to be made in such form and effect as it may finally determine.
D.
Execution. If such order is not complied with, or
so far complied with as the Village of Brewster Board of Trustees
may regard as reasonable, within five days after service or attempted
service or within any shorter time, which, in case of imminent peril
to the community's public health, the Village of Brewster Board of
Trustees may have designated, or is not thereafter speedily and fully
executed, then such order may be executed as any orders of the Village
of Brewster Board of Trustees and its designated agent, representative,
appointee or employee. Any such agent of the Village is authorized
to act on behalf of the Village of Brewster Board of Trustees in executing
such order. In the event that this agent shall so act, it shall certify
and transmit to the Village of Brewster Board of Trustees its expenses
in the execution of such order separately in respect of each separately
owned parcel of property. Such expenses shall be reimbursed through
the Village of Brewster and shall be chargeable and collectable as
expenses of the Village of Brewster Board of Trustees, the respective
municipal department, agent, employee or appointee in connection with
the execution of an order as referred to in this chapter.
E.
Substituted service; posting; service by publication.
(1)
If a personal service of any such order cannot be
made by reason of absence from the district, or inability to find
one or more of the owners, occupants, lessees or tenants of the subject
matter to which such order relates, or one or more of the persons
whose duty it was to have done what is therein required to be done,
as the case may render just and proper in the opinion of the Village
of Brewster Board of Trustees, to be shown by the official certificates
of the officer having such order to serve, then service may be made
through the mail, or by copy left at the residence or place of business
of the person sought to be served, with a person of suitable age and
discretion.
(2)
In any case where personal service of any such order cannot be made for the reasons stated in Subsection E(1) of this section and service cannot be made as provided in such subsection through the mail or by leaving a copy with a person of suitable age and discretion, because of inability to obtain the name or address of the person sought to be served, and such inability to effect service is shown by the official certificate of the officer having such order to serve, service may be made by conspicuously posting a copy of such order upon the property to which it relates. The posting of such order shall be sufficient notice of such order and of the nuisance therein mentioned to all persons having any duty or liability in relation thereto under the provisions of this chapter.
(3)
Whenever the Village of Brewster Board of Trustees shall have declared any condition, matter or thing to be a nuisance, including ragweed or any other species of weed, plant or growth, and has entered the same in its records as a nuisance, the Village of Brewster Board of Trustees may also take and file among its records what it shall regard as sufficient proof to authorize a declaration that such nuisance is widespread throughout the Village or in any area thereof, and that personal service or service pursuant to Subsection E(1) or (2) of this section of an order or orders requiring the abatement, removal or correction of such nuisance would result in delay prejudicial to the public health, welfare or safety, and upon the filing of such proof and the making of such declaration, the Village of Brewster Board of Trustees may order that such nuisance be removed, abated or corrected, as prescribed by the Village of Brewster Board of Trustees, by an order addressed generally, without specification of names or addresses, to all persons who, pursuant to the provisions of this chapter, have any duty or liability in relation to any such nuisance which may exist upon or in any real or personal property or place located within the area or areas specified in such order. Such order may be served by publishing the same for a period of not less than three days in a newspaper circulated in the area or areas mentioned in such order. Service of such order shall be complete at the expiration of the third day of such publication and such publication shall be sufficient notice of such order and of the nuisance therein mention to all persons having any duty or liability in relation thereto under the provisions of this chapter.
F.
On what expenses to be a lien. The expenses attending
the execution of any and all orders made by the Village shall respectively
be a several and joint personal charge against each of the owners
or part owners and each of the lessees and occupants of the building,
business, place, property, matter or thing to which such order relates,
and in respect to which such expenses were incurred; and also against
every person or body who was by law or contract bound to do that in
regard to such business, place, street, property, matter or thing
which such order requires. Such expenses shall also be a lien on all
rent and compensation due, or to grow due, for the use of any place,
room, building, premises, matter or thing to which such order relates,
and in respect of which such expenses were incurred, and also a lien
on all compensation due, or to grow due, for the cleaning of any street,
place, ground or thing, or the cleaning or removal of any matter,
thing or place, the failure to do which by the party bound so to do,
or doing of the same in whole or in part by order of such Village
appointee, employee, agent or representative.
G.
Suits for expenses. The incorporated municipality
of the Village of Brewster, in case it has incurred any expense, or
has rendered service for which payment is due, and as the rules of
the department may provide, may institute and maintain a suit against
anyone liable for such expenses, or against any person, firm or corporation,
owing or who may owe such rent or compensation, and may recover the
expenses so incurred under any such order. One or more of such parties
liable or interested may be made parties to such action as the department
may elect; but the parties made responsible herein for such expenses
shall be liable to contribute or to make payment as between themselves,
in respect of such expenses, and of any sum recovered for such expenses
or compensation, or by any party paid on account thereof, according
to the legal or equitable obligation existing between them.
H.
Lien on premises.
(1)
There shall be filed in the office of the Village
Clerk/Treasurer a record of all work caused to be performed by or
on behalf of the Village in executing any order of the Village of
Brewster Board of Trustees or department. Such records shall be kept
on a building-by-building basis and shall be accessible to the public
during business hours at Village Hall, 208 Main Street, Brewster,
New York 10509. Within 30 days after the issuance of a purchase or
work order to cause such work to be done, entry of such order shall
be made on the records of the Village of Brewster. Such entry shall
constitute notice to all parties.
(2)
All expenses incurred by or on behalf of the Village for such work, pursuant to this title or any other applicable provision of law, shall constitute a lien upon the land and building upon or in respect to which, or either of which, the work required by such order has been done, or expenses incurred, when the amount thereof shall have been definitely computed as a statement of account by the department and the department shall cause to be filed in the office of the Village Collector an entry of the account stated in the book in which such charges against the premises are to be entered. Such lien shall have priority over all other liens and encumbrances except for the lien of taxes and assessments. However, no lien created pursuant to this title shall be enforced against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements occurring after the date such record should have been entered pursuant to Subsection H(1) and before the date such entry was made.
(3)
A notice thereof, stating the amount due and the nature
of the charge, shall be mailed by the Village Clerk within five days
after such entry to the last known address of the person whose name
appears on the records in the office of the Village Clerk as being
the owner or agent or as the person designated by the owner to receive
tax bills, or, where no name appears, to the premises, addressed to
either the owner or the agent.
(4)
If such charge is not paid within 30 days from the
date of entry, it shall be the duty of the Village Clerk to receive
interest thereon at the rate of 15% per annum, to be calculated to
the date of payment from the date of entry.
(5)
Such charge and the interest thereon shall continue
to be, until paid, a lien on the premises. Such lien shall be a tax
lien within the meaning of the relevant sections of the Village and
Town of Southeast codes and may be sold, enforced or foreclosed in
the manner provided in those codes, and may be satisfied in accordance
with the provisions of § 1354 of the Real Property Actions
and Proceedings Law.
J.
Statement of expenses of executing orders.
(1)
When the Village Clerk shall have executed, or so
far executed as the Village of Brewster Board of Trustees may require,
any order, a certificate setting forth the expenses of such execution,
itemized generally, and the date thereof shall be filed among the
records of the Village with the order so executed; and the Village
shall take care by or through some proper officer, or otherwise, that
the expenses of such execution be so stated with fairness and accuracy.
(2)
When it shall appear that such execution or the expenses
thereof relate to several lots or buildings belonging to different
persons, such certificate shall state what belongs to or arose in
respect to each lot or such several lots or buildings, as the department
or its authorized officer of the Village may direct; and the Village
of Brewster Board of Trustees may revise the correctness of such apportionment
of expenses as truth and justice may require.
(3)
Whenever the expenses attending the execution of any
order of the Village of Brewster may be made the subject of a suit
by it, there may be joined in the same suit a claim or claims for
any penalty or penalties for violation of any health provisions, or
for the violation or omission to perform or obey such order, or any
prior order of the Village of Brewster Board of Trustees, or for the
not doing of that, or any portion of that, for the doing of which
such expenses arose or were incurred; and the proper joint or several
judgment may be had against one or more of the defendants in the suit,
as that or either of them may be liable in respect of both such claims,
or either or any of them.
K.
Service of order or judgment. The Village of Brewster
Board of Trustees may serve a copy of the order under or by reason
of which such expenses were authorized or incurred with a copy of
the affidavit stating the expenses of the execution of such order,
or, if the claim be a judgment, may serve a transcript of such judgment,
and an affidavit showing the expenses of its execution if there be
any, upon any person or corporation owing, or who is about to owe,
any such compensation, or owing or about to owe by rent or compensation
for the use or occupation of any grounds, premises or buildings or
any part thereof, to which such order or judgment relates, and in
respect of which such expenses embraced in such judgment related or
were incurred, and may, at the time of such service, demand in writing
that such rent, or any such compensation to the extent of such claim
for such expenses, or for any such judgment or expenses in executing
the same, when such rent or compensation becomes due and payable,
be paid to the Village, and which shall be the joint responsibility
of the Village Clerk and Village Counsel.[2]
A.
General requirements.
(1)
Electrical wiring and equipment shall be installed
in conformity with generally accepted standards and maintained so
as not to be a potential source of ignition of combustible material
or a potential source of electrical hazard.
(2)
Electrical wiring and equipment shall be firmly secured
to the surface on which it is mounted.
(3)
Electrical wiring and equipment installed in damp
or wet locations or where exposed to explosive or flammable gases
or to excessive temperatures shall be of a type approved for the purpose
and location.
(4)
Electrical wiring and equipment shall be protected
against excessive current by properly rated over-current devices.
(5)
Electrical wiring and equipment shall be grounded
or otherwise protected by insulation, isolation or guarding so as
to minimize the danger of high voltages from lightning or other causes.
(6)
Electrical equipment which in ordinary operation produces
arcs or sparks shall be enclosed unless separated and isolated from
all combustible material.
(7)
Service equipment and overcurrent protection devices
shall be installed and maintained in a readily accessible location.
B.
Artificial lighting.
(1)
Residential buildings and occupancies shall be wired
for electricity, and lighting equipment shall be installed throughout
to provide adequate illumination for the intended use of each space.
Electric-wiring systems shall be connected to an adequate source of
supply.
(2)
There shall be a switch or other means for controlling
a light in each dwelling unit near the point of entrance to such unit.
C.
Exit and directional signs.
(1)
Exits in multiple dwellings shall be provided with
exit and directional signals, visible from the approach to the exits,
except that such signs shall not be required in those portions of
a building which contain dwelling units only or in which exit from
sleeping rooms is directly to the outside.
(2)
Directional signs shall be provided at locations from
which the exit doorway is not readily discernible.
(3)
Such signs shall be worded in plainly legible block
letters with the word EXIT for exit signs and the words TO EXIT with
a suitable pointer or arrow indicating the direction of exit for directional
signs. Letters for signs shall be conspicuous, readily discernible
and at least six inches high, except that for internally illuminated
signs the height of such letters shall be at least 4 1/2 inches.
(4)
Exit and directional signs shall be illuminated either
externally or internally by electric lights and shall be kept illuminated
at all times when the building is occupied.
A.
General requirements.
(1)
Each dwelling unit shall be provided with appropriate
cooking and refrigeration equipment.
(2)
Cooking and refrigeration equipment shall be maintained
in good operating condition.
(3)
Gas-burning cooking equipment shall be permanently
fastened and connected in place. Gas-supply connection to such equipment
shall be made with pipe or tubing of solid metal.
(4)
Solid-fuel-burning cooking equipment shall be appropriately
vented.
B.
Communal cooking and dining facilities. Communal kitchens
and dining rooms shall comply with the following requirements:
(1)
Communal kitchens shall contain at least one kitchen
sink, at least one kitchen gas or electric stove equipped with an
oven and not fewer than four top burners and at least one electric
or gas-type refrigerator with adequate food-storage capacity, but
in no case less than eight cubic feet nominal size.
(2)
Dining space and eating facilities where provided
in the kitchen area shall comply with the requirements for communal
dining rooms.
(3)
Communal dining rooms shall contain at least one dining
chair and two linear feet of dining space for each occupant permitted
in a dining room at any particular time.
B.
Ventilating systems.
(1)
Ventilating systems shall be installed and maintained
so that the rapid spread of heat, flame or smoke through the system
will be prevented and so that under conditions of use the temperature
of any combustible material adjacent thereto or in contact therewith
will not exceed a safe temperature.
(2)
Stairways, passageways, exits, shafts, hoistways or
attics shall be used as plenum chambers.
(3)
Ducts shall be securely fastened in place and appropriately
fire-stopped.
(4)
Ducts and other air-handling equipment shall be of
noncombustible material.
(5)
Filters shall be installed and maintained so as not
to constitute a fire or smoke hazard.
(6)
Ducts passing through or located within combustible
construction shall be separated from such construction by a clearance
of at least 1/2 inch or by a noncombustible insulating material at
least one-fourth-inch thick.
(7)
Air required for ventilation shall be taken from the
exterior or shall be quality controlled.
(8)
Exhaust air from a dwelling unit or a space whose
contents may emit odors, fumes or vapors shall not be circulated to
other occupied spaces within the building.
C.
Air-intake and exhaust openings.
(1)
Air-intake and exhaust openings shall be installed,
located and maintained so as not to constitute a hazard or nuisance
and so as to prevent the possibility of fire, smoke, fumes or foreign
matter being drawn into the system.
(2)
Ventilating systems shall be provided with adequate
openings for incoming and outgoing air to obtain the required circulation.
Intake openings shall provide air from an uncontaminated source.
(3)
Where openings for mechanical exhaust are located
in spaces that also contain fuel-burning equipment, there shall be
provided fixed intake openings from the exterior to supply sufficient
air so that the fuel-burning equipment is not adversely affected.
(4)
Exhaust openings shall be located so that the exhaust
air will not create a nuisance.
D.
Ventilation requirements.
(1)
Enclosures or spaces where heat, gases, vapors or
odors may accumulate and become a potential source of hazard or nuisance
shall be provided with adequate means of ventilation to remove such
excess.
(2)
Public spaces shall be provided with means for obtaining
an air supply for the maximum number of persons for which such spaces
are designed.
E.
Safety controls.
(1)
Manually operated controls shall be provided to stop
the operation of all central fan equipment. Such controls shall be
conspicuously identified and in readily accessible locations outside
the fan room.
(2)
Every system using recirculated air and serving an
assembly space or more than one fire area or more than one story of
a building shall be provided with controls arranged so that under
an abnormal rise in temperature of the air in the system the fans
causing normal circulation shall stop and require manual restart.
(3)
Every system for ventilating an assembly space shall
be provided with an emergency switch conveniently located and with
a durable sign giving instructions for shutting down the system in
case of fire.
A.
Fire alarm system. Required fire alarm systems shall
be maintained in proper operating condition at all times. Storage
of materials shall cause minimum interference to effective discharge
of water.
B.
Sprinkler equipment.
(1)
Required sprinkler equipment shall be maintained in
proper operating condition at all times. Storage of materials shall
cause minimum interference to effective discharge of water.
(2)
Valves controlling the water supply to sprinklers
shall be secure in the open position.
(3)
Sprinkler head shall be maintained free of corrosion
and paint.
D.
Portable extinguishers.
(1)
Each oil burner for a boiler, furnace or central hot-water
heater shall be provided with an approved hand fire extinguisher or
two rounded-bottom pails filled with sand.
(2)
Portable extinguishers required for fire protection
shall be in their designated locations and in a condition which will
permit efficient operation without delay.
A.
Elevators, dumbwaiters and escalators shall be maintained
so as to be free from physical and fire hazards.
B.
Elevators and power-operated dumbwaiter cars shall
be provided with durable signs in conspicuous locations on which the
rated capacity shall be indicated.
C.
Elevator cars shall be provided with approved means
for transmitting a signal outside the hoistway in case of emergency.
D.
Hoistways and pits shall be maintained free of refuse.
E.
Machine rooms shall be maintained free of oil and
grease and shall not be used for storage of articles or materials
unnecessary for the maintenance of the elevator or dumbwaiter. Flammable
liquids shall not be kept in such rooms.
F.
No person shall at any time make any required safety
device or electrical protective device inoperative, except where necessary
during tests, inspections or maintenance.
Residential premises shall be maintained in
conformity with the provisions of this article so as to assure the
desirable residential character of the property.
A.
Surface and substance water shall be appropriately
drained to protect buildings and structures and to prevent development
of stagnant ponds. Gutters, culverts, catch basins, drain inlets,
stormwater sewers or other satisfactory drainage systems shall be
utilized where deemed necessary.
B.
Fences and other minor constructions shall be maintained
in a safe and substantial condition.
C.
Steps, walks, driveways, parking spaces and similar
paved areas shall be maintained so as to afford safe passage under
normal use and weather conditions.
D.
Yards and courts shall be kept clean and free of physical
hazards.
E.
Heavy undergrowths and accumulations of plant growth
which are noxious or detrimental to health shall be eliminated.
A.
Exterior wood surfaces of buildings and structures
that are not inherently resistant to deterioration shall be periodically
treated with a protective coating of paint or other suitable preservative.
B.
Floors, walls, ceilings, furnishings and fixtures
of residential buildings shall be maintained in a clean and sanitary
condition.
C.
Accessory structures shall be maintained in clean
and sanitary condition.
A.
Accessory structures shall be maintained free of insect,
vermin and rodent harborage and infestation. Methods used for exterminating
insects, vermin and rodents shall conform to generally accepted practices.
B.
Where the potential for rodent or vermin infestation
exists, windows and other openings in basements and cellars shall
be appropriately screened with wire mesh or other suitable materials.
C.
From May 1 to October 1, entrances to residential
buildings shall be provided with self-closing-type devices or screens,
and windows and other openings used for ventilation shall be appropriately
screened. Screens shall not be required in rooms located sufficiently
high in the upper stories of multiple dwellings as to be free of mosquitoes,
flies and other flying insects.
Domestic animals and pets shall be kept in an
appropriate manner and shall not be permitted to run at large.
The purpose of this article is to provide basic
and uniform administration of and compliance with applicable housing
standards and to establish the responsibilities of parties concerned
therewith.
A.
The Village Mayor is hereby charged with the duty
of administering the applicable housing standards and securing compliance
therewith and shall be empowered to adopt rules and regulations necessary
to securing such compliance, provided that such rules and regulations
shall not be in conflict with the applicable housing standards.
B.
The Village Mayor is authorized to conduct surveys
of housing in any area of the municipality to determine the condition
of premises, extent of deterioration, lack of facilities, inadequate
maintenance, unsafe and insanitary conditions, extent of overcrowding,
land use and other relevant factors.
C.
The chief investigative officer of this municipality,
for the purpose of this chapter, shall be the Building Inspector,
and he shall be under the direction and supervision of the Village
Mayor; however, the Village Mayor may also delegate, hire or contract
with any person, firm or body to supplement or assist such Building
Inspector; subject, however, to the approval of the Village of Brewster
Board of Trustees for all salaries of such persons and subject to
the Village of Brewster Board of Trustees' approval of all contracts
over the amount of $1,000.
D.
It shall be the duty of the Village Mayor:
(1)
To cause periodic inspections of all premises within
the scope of applicable housing standards where such is warranted.
(2)
To cause an investigation of all complaints of alleged
housing violations or other unsafe unsanitary conditions.
(3)
To order, in writing, the remedying of all conditions
found to exist in or on any premises in violation of provisions of
the housing standards or of rules and regulations adopted by the agency,
to state in the violation order a reasonable time limit for compliance
therewith and, where necessary, to order the vacation of premises
found unfit for human habitation.
(4)
To request the chief legal officer of the municipality
to take appropriate legal action in the name of the municipality upon
failure of the responsible party to comply with such violation order
within the time specified therein.
(5)
To cause a search of the municipality's records of
housing violations existing on any premises and to issue a certified
statement thereof upon receipt of written request and payment of any
fees required by local law or ordinance.
(6)
To study housing conditions in the municipality.
(7)
To cooperate with other municipal, governmental and
private agencies engaged in the study and improvement of housing conditions.
E.
Where violations of the housing standards exist and
pose an immediate hazard or danger to the health, safety or welfare
of building occupants or of the public, the Village Mayor may, after
first consulting with the Building Inspector, issue an order citing
the violation and directing such action by such municipal agency as
is necessary to remove or abate the immediate hazard of danger.
A.
The Building Inspector or any other authorized inspector
shall be authorized and have the right, in the performance of his
duties, to enter any premises during normal business hours in emergencies
whenever necessary to protect the public interest.
B.
Owners, agents, operators and occupants shall be responsible
for providing access to all parts of the premises within their control
to authorized personnel acting in the performance of their duties.
C.
Upon any dwelling unit in the Village becoming vacant,
except for a dwelling unit in a structure which consists exclusively
of dwelling units and which contains three or fewer dwelling units
at least one of which is used and occupied as a primary residence
by an owner of the structure, the same shall not be reused or reoccupied
for residential purposes unless an inspection, made under the provisions
of this chapter at a date not more than 30 days prior to the dwelling
unit so becoming vacant and, in any event, prior to any reoccupancy
or reuse thereof, shall disclose the absence of any violations of
the provisions of this chapter, as presently or hereafter amended.
For purposes of this subsection, a dwelling unit shall be considered
to have become vacant on the last day on which the tenant shall use
the same as his residence, notwithstanding that such date may be prior
or subsequent to the expiration date of any lease or rental agreement
with respect to such dwelling unit. It shall be the obligation of
the owner prior to reoccupancy to notify the municipality, in writing,
of the existence or pendency of a vacancy in a dwelling unit subject
to the provisions of this subsection. It shall be the duty of the
municipality to make an inspection, if the vacancy actually exists,
on the same day as receipt of such notice or on the next business
day and, if the vacancy is pending, on the first available business
day to fall within 30 days of the projected date of vacancy. Prior
to the time when a dwelling unit subject to the provisions of this
subsection is to become occupied for residential purposes by a new
tenant, the owner shall give to the tenant a document containing the
following legend, in English, and printed or typed in a typeface of
a size not smaller than ten-pitch pica:
[Amended 3-4-2009 by L.L. No. 1-2009]
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"The dwelling unit which you are about to occupy is subject to the provisions of Chapter 148 of the Code of the Village of Brewster and may not lawfully be occupied unless it has been found to be free of violations of such chapter. If it is occupied in violation of such chapter, the tenant may be subject to removal. Records relating to the dwelling unit may be examined at Brewster Village Hall, or inquiry may be made of the Building Department by calling (845) 279-3760."
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A.
Owners of premises shall be responsible for compliance
with the housing standards and shall remain responsible therefor,
regardless of the fact that this article may also place certain responsibilities
on operators and occupants and regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
B.
Owners of premises shall be responsible for proper
maintenance, condition and operation of service facilities and for
furnishing adequate heat and hot-water supply in multiple dwellings.
C.
It shall be the obligation of each owner of premises
occupied by others to conduct regular inspections of such premises
and to ensure that such premises and the occupancy thereof comply
with the standards set forth in this chapter.
Lodging house operators shall be responsible
for compliance with the housing standards with regard to the following:
A.
Limiting occupancy to the maximum permitted by the
housing standard.
B.
Maintenance of safe and sanitary conditions in all
parts of lodging house premises.
C.
Maintenance and operation of all required service
facilities.
D.
Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances within his control, as well as other building
equipment and facilities, in an operative, clean and sanitary condition.
E.
Sanitary maintenance of walls, floors and ceilings.
F.
Keeping exits clear and unencumbered.
G.
Disposal of building garbage and refuse in a clean
and sanitary manner.
H.
Extermination of insects, rodents or other pests on
the premises.
I.
Hanging and removing required screens.
Occupants of dwelling units shall be responsible
for compliance with the housing standards with regard to the following:
A.
Limiting occupancy of that part of the premises which
he occupies or controls to the maximum permitted by the housing standards.
B.
Maintenance of that part of the premises which he
occupies or controls in a clean, sanitary and safe condition.
C.
Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances, as well as other building equipment and storage
facilities, in that part of the premises which he occupies or controls,
in a clean and sanitary condition and providing reasonable care in
the operation and use thereof.
D.
Keeping exits from his dwelling unit clear and unencumbered.
E.
Disposal of garbage and refuse into provided facilities
in a clean and sanitary manner.
F.
Extermination of insects, rodents or other pests within
his dwelling unit if his unit is the only one infested in the premises.
G.
Hanging and removing required screens.
H.
Keeping his domestic animals and pets in an appropriate
manner and under control.
[Added 11-20-2002 by L.L. No. 4-2002]
A.
Service of any order of the Village of Brewster Board
of Trustees shall be deemed sufficient if made:
(1)
By any employee, agent, officer or representative
of the incorporated municipality of the Village of Brewster; and
(2)
Upon a principal person interested in the business,
property, matter or thing, or the nuisance or abuse to which such
order relates; or
(3)
Upon a principal officer charged with a duty in relation
thereto; or
(4)
Upon a person, officer or department, or an officer
or employee of such a department, that may be most interested in or
affected by its execution.
B.
If such order relates to any building or to the drainage,
sewerage, cleaning, purification or ventilation thereof, or any lot
or ground on which such building stands, used for or intended to be
rented as the residence or lodging place of several persons or a multiple
dwelling, service of such order on the agent of any person or persons
for the renting or the collecting of rent thereof, or of the parts
thereof to which such order may relate, shall be of the same effect
and validity as due service made upon the principal of such agent
or upon the owners, lessees, tenants or occupants of such buildings,
or parts thereof, or of the subject matter to which such order relates.
[Added 11-20-2002 by L.L. No. 4-2002]
A willful omission or refusal of any individual,
corporation or body to forthwith abate any nuisance, as ordered by
the Village Engineer, Village Building Inspector and/or Code Enforcement
Officer, such order having been duly served upon them, shall be an
unclassified misdemeanor.
[Amended 5-15-1996 by L.L. No. 3-1996; 10-18-2006 by L.L. No.
3-2006]
A.
The following penalty and fine schedule herein adopts
the provisions set forth in Section 103.6 of the Property Maintenance
Code of the State of New York effective May 1, 2002, which shall be
incorporated by reference herein.
B.
Nothing contained herein shall in any way abridge or prevent the Municipal Building Inspector of the Village of Brewster, New York, from effecting notice of municipal zoning code violations through the issuance of its notice(s) to remedy as more fully set forth and authorized in the Code of the Village of Brewster. This chapter shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 4, Appearance Tickets, of the Code of the Village of Brewster or the laws of the State of New York.[1]
C.
Fine schedule. The schedule of fines for housing maintenance
violations shall be as set by resolution after a public hearing from
time to time by the Village of Brewster Board of Trustees. Said resolution
shall be on file in the office of the Village Clerk.[2]
|
Violation
|
NY Property Maintenance Code Section
| |
|---|---|---|
|
Locked bedroom in multiple dwelling
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Section 702.3
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|
Faulty/illegal extension cords
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Section 604.3
| |
|
Illegal use of room (i.e., living room used
as bedroom)
|
Section 404.4
| |
|
Overoccupancy (occupancy violations)
|
Section 405.5
| |
|
Inoperable smoke detector
|
Section 704.2
| |
|
Fire extinguisher missing or inoperable (NYS
Fire Code)
|
Section 704.1
| |
|
Building-property
|
Sections 301-306
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|
Plumbing
|
Sections 501-507
| |
|
Unsafe building
|
Section 108
| |
|
Other housing maintenance code violations
|
Section(s) 301-704
|
D.
Each offense codified hereunder at § 148-50C shall also be punishable by a period of incarceration not to exceed 15 days.
E.
For any violations not specifically enumerated in § 148-50C, any person committing an offense against any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable for each offense by a penalty of not more than $250 or by imprisonment for not more than 15 days, or both.[3]
