This chapter shall be known as "Housing Standards
Applicable to Residential Premises."
As used in this chapter, the following terms
shall have the meanings ascribed to them:
A structure, the use of which is incidental to that of the
residential building and which is located on the same premises.
A use, occupancy or tenancy customarily incidental
to the principal use or occupancy of a residential building. Such
"accessory uses" may include, among others, the following:
Offices for 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 sales or display
of merchandise to occupants and tenants, such as newspaper, candy,
and cigar stands.
Garages within a residential building or on
the premises thereof used primarily for the storage of passenger-type
motor vehicles.
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.
Approved by the administrative officer under the regulations
of this chapter or approved by an authority designated by law or this
chapter.
That space of a building 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.
An enclosed space containing one or more bathtubs or showers,
or both, and which may also contain water closets, lavatories or fixtures
serving similar purposes; see the definition of "toilet room."
A structure wholly or partially enclosed within exterior
walls, or within exterior or party walls, and a roof, affording shelter
to persons, animals or property.
That space of a building that is partly or entirely below
grade which has more than half of its height measured from floor to
ceiling below the average established curb level or finished grade
of the ground adjoining the building.
A building containing not more than one dwelling unit occupied
exclusively for residential purposes.
A building containing not more than two dwelling units occupied
exclusively for residential purposes.
One (1) or more rooms with provision for living, cooking,
sanitary and sleeping facilities arranged for the use of one family.
The person designated by the City Council to carry out the
duties of enforcement and administration specified in this chapter.
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.
A household constituting a single housekeeping unit occupied
by one or more persons.
A specification, code, rule, guide or procedure in the field
of construction or related thereto recognized and accepted as authoritative.
A natural surface of the ground or surface of ground, after
completion of any change in contour, abutting building or premises.
Space occupied by one or more persons for living, sleeping,
eating or cooking. Kitchenettes shall not be deemed to be "habitable
space." See the definitions of "nonhabitable space," "public space"
and "exit."
The presence, within or contiguous to a dwelling, dwelling
unit, lodging house, lodging unit or premises, of insects, rodents,
vermin or other pests.
A space, sixty (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 sixty (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 "multiple dwelling."
The City of Watervliet, New York.
Space used as a kitchenette, pantry, bath-, toilet, laundry,
rest, dressing, locker, storage, utility, heater and boiler room,
closets and other spaces for service and maintenance of the building
and those spaces used for access and vertical travel between stories.
See the definitions of "habitable space," "public space," and "exit."
A person, agent, operator, firm, association, organization,
partnership, company, corporation, beneficiary, trust, trustee, and
all other persons having a legal or equitable interest in the property;
or recorded in the official records of the state, county or municipality
as holding title to the property; or otherwise having control of the
property, including the guardian of the estate of any such person,
and the executor or administrator of the estate of such person if
ordered to take possession of real property by a court.
[Added 9-20-2007 by Ord. No. 1813]
The water supply system, the drainage system, the vent system,
fixtures and traps, including their respective connections, devices
and appurtenances within the property lines of the premises.
Water which is approved for drinking, culinary and domestic
purposes.
Space within a residential building for public use, such
as lobbies, lounges, receptions, balls, meetings, lectures and recreation
rooms, banquet and dining rooms and their kitchens and swimming pools.
Liquid waste containing animal or vegetable matter in suspension
or solution and which may include industrial wastes and liquids containing
chemicals.
An 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 the definition of "bathroom."
The 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 purpose of this chapter 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.
The ordinance from which this chapter is derived
took effect on the eighth day of August 1963.
A.Â
This chapter shall apply to residential premises as
follows:
(1)Â
Lots, plots or parcels of land on which residential
buildings, buildings of mixed occupancy or accessory structures are
located.
(2)Â
Residential buildings, including one- and two-family dwellings and multiple dwellings, except as specifically excluded in Subsection B.
(3)Â
Residential occupancies in buildings of mixed occupancy.
(4)Â
Accessory structures, accessory to residential occupancies.
B.Â
This chapter shall not apply to mobile homes and mobile
home 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.Â
The provisions of this chapter 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 chapter, provided that nothing in this chapter 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 ordinance, and such more restrictive requirement
or higher standard shall govern during the period in which it is in
effect.
B.Â
Where a provision of this chapter is found to be in
conflict with a provision of a zoning, building, electrical, plumbing,
fire safety, health, water supply or sewage disposal law, provision
of this Code or other City ordinance or regulation adopted pursuant
thereto or other local law, ordinance, code or regulation, the provision
or requirement which is the more restrictive or which establishes
the higher standard shall prevail.
[Amended 9-5-1996 by Ord. No. 1638]
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 and orders, rules
and regulations issued by authority thereof. Conformity of such work,
materials, assemblies or equipment with the applicable requirements
of the New York State Uniform Fire Prevention and Building Code[1] shall be prima facie evidence that the same is reasonably
safe to person and property.
A.Â
Owners of premises shall be responsible for compliance
with this chapter and shall remain responsible therefor regardless
of the fact that this chapter 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.Â
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.
Lodging house operators shall be responsible
for compliance with this chapter in regard to the following:
A.Â
Limiting occupancy to the maximum permitted by this
chapter.
B.Â
Maintenance of safe and sanitary conditions in all
parts of the lodging house premises.
C.Â
Maintenance and operation of all required service
facilities.
D.Â
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.Â
Sanitary maintenance of walls, floors, and ceilings.
F.Â
Keeping exits clear and unencumbered.
G.Â
Disposal of building garbage and refuse in a clean
and sanitary manner.
H.Â
Extermination of insects, rodents or other pests on
the premises.
I.Â
Hanging and removing required screens.
J.Â
Changing of linens weekly and upon change in occupancy.
[Amended 3-29-1973 by Ord. No. 1149]
Occupants of dwelling units shall be responsible
for compliance with this chapter in regard to the following:
A.Â
Limiting occupancy of that part of the premises which
he occupies or controls to the maximum permitted by this chapter.
B.Â
Maintenance of that part of the premises which he
occupies or controls in a clean, sanitary and safe condition.
C.Â
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.Â
Keeping exits from his dwelling unit clear and unencumbered.
E.Â
Disposal of garbage and refuse into provided facilities
in a clean and sanitary manner.
F.Â
Extermination of insects, rodents or other pests within
his dwelling unit if his unit is the only one infested in the premises.
G.Â
Hanging and removing required screens.
H.Â
Keeping his domestic animals and pets in an appropriate
manner and under control.
