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.
This chapter shall apply to residential premises
as follows:
A.
Lots, plots or parcels of land on which residential
buildings, buildings of mixed occupancy or accessory structures are
located.
B.
Residential buildings, including one and two-family dwellings and multiple dwellings, except as specifically excluded in § 156-3.
C.
Residential occupancies in buildings of mixed occupancy.
D.
Accessory structures, accessory to residential occupancies.
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.
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 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 chapter, 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 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 or ordinance,
or regulation adopted pursuant thereto, or other local law, ordinance,
code or regulation, the provision or requirement which is the more
restrictive or establishes the higher standard shall prevail.
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. Conformity
of such work, materials, assemblies or equipment with the applicable
requirements of the New York State Fire Prevention and Building Code
shall be prima facie evidence that the same is reasonably safe to
person and property.
As used in this chapter, the following terms shall have the
meaning 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 of 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 playrooms.
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, candy,
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 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.
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 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.
Building containing not more than one dwelling unit occupied
exclusively for residential purposes.
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.
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 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.
Space, 60 square feet or more in floor area, with a minimum
width of five feet, used for cooking or preparation of food.
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.
[Amended 2-25-2013 by L.L. No. 1-2013]
Building containing three or more dwelling units
on the property or in the building.
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.
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.
Building with sleeping accommodations for more
than five persons used or occupied as a club, dormitory, fraternity
or sorority house, or for similar uses.
Building used or occupied as a convalescent, old-age or nursing home but not including private or public hospitals or public institutions. (See § 156-3 for certain multiple dwellings not within scope of this chapter.)
See definition of "multiple dwelling."
The Town of Fallsburg.
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.")
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, reception, ball, meeting, lecture and recreation
rooms, banquet and dining rooms and their kitchens, and swimming pools.
Liquid waste containing animal or vegetable matter in suspension
of 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 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.
