[Amended 6-2-1986 by L.L. No. 3-1986]
This chapter shall be known as "An Ordinance
Providing for Standards Applicable to Residential, Commercial and
Industrial Premises in the City and the Administration and Compliance
Thereof."
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, per capita
space requirements and maintenance of residential, commercial and
industrial premises and establishing reasonable safeguards for safety,
health and welfare of the occupants and users thereof.[1]
[1]
Editor's Note: Former Subsection (b) of this
section, which immediately followed this section, was deleted 6-2-1986
by L.L. No. 3-1986.
A.
This chapter shall apply to the following:
(1)
Lots, plots or parcels of land which are vacant or
upon which buildings used for dwellings, mixed occupancy, commercial,
industrial or storage uses, whether occupied or vacant, are located.
(2)
Residential buildings, including private dwellings
and multiple dwellings, unless specifically excluded.
(3)
Buildings of mixed occupancy, occupied in whole or
in part.
(4)
Commercial, industrial and storage buildings.
(5)
Vacant residential, mixed-occupancy, commercial, industrial
and storage buildings.
(6)
Residential, mixed-occupancy, commercial, industrial
and storage buildings which are under construction or demolition,
including buildings not completed, to the extent that a nuisance or
practice exists or is being carried out which is a disturbance to
the public health, safety or welfare.
(7)
Accessory structures, accessory to dwellings, commercial,
industrial or vacant buildings.
B.
This chapter shall exclude institutional buildings
and public buildings and their accompanying yards.
A.
This chapter shall not apply to mobile housing premises,
migrant housing premises and to nursing, convalescent and old-age
homes, or similar institutional occupancies.
B.
This chapter shall not apply to fallout shelters constructed
or installed to provide safety and security to occupants in accordance
with specifications and standards contained in regulations or orders
issued by the New York State Civil Defense Commission or other analogous
or successor body.
The provisions of this chapter shall supersede
ordinances, codes or regulations to the extent that such ordinances,
codes or regulations are inconsistent with the provisions of this
chapter, unless such ordinances, codes or regulations are more restrictive.
As used in this chapter, the following definitions
shall apply:
A structure, the use of which is incidental to that of the
building, and which is located on the same premises.
A use, occupancy or tenancy customarily incidental to the
principal use or occupancy of a 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.
As applied to a building or structure, it means a change
or rearrangement of the structural parts or in the exit facilities
or an enlargement, whether by extending on the side or by increasing
in height, or the moving from one location or position to another.
The term "alter," in its various modes and tenses and its participial
forms, refers to the making of an "alteration."
A room or suite of two or more rooms occupied or intended
to be occupied as the home or residence of an individual, family or
household.
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 1/2 of 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, water closets 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 and which has more than 1/2 of its height, measured from
floor to ceiling, below the average established curb level or finished
grade of the ground adjoining the building.
See "dormitory."
A facility supervised by the state or a governmental agency
and operated for the purpose of providing therein lodging, board and
bedside care of hygienic attention, but not including medical or nursing
care, to sick, infirm, disabled or convalescent persons.
A space, other than a yard, on the same lot as a building
and open both to the sky and at least on one side.
A court not extending to a street or yard.
A court extending to a street or yard.
A multiple dwelling containing dormitory units, lodging units
or apartments for the use of students, employees or guests or a public
or private institution, with incidental facilities appurtenant thereto.
A building containing not more than one dwelling unit occupied
exclusively for residential purposes by one family.
A building containing two dwelling units occupied exclusively
for residential purposes by two families.
One or more rooms with provisions 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, as necessary for egress
or escape, doorways, passageways, hallways, corridors, stairways,
ramps, fire escapes and all other elements necessary for egress or
escape.
Any number of persons related to each other by blood or marriage,
living together as a single housekeeping unit. Servants shall not
be precluded.
[Amended 6-2-1986 by L.L. No. 3-1986]
Time, in hours or parts thereof, that a material, construction
or assembly will withstand fire exposure as determined in a fire test
made in conformity with generally accepted standards or as determined
by extension or interpretation of information derived therefrom.
The allowable floor area of a story or portion of a story
of a building within exterior walls, party walls, fire walls or any
combination thereof for the type of building construction and occupancy
classification as established by the Building Code of the City and
the Building Code of the State of New York.
See "dormitory."
A specification, code, rule, guide or procedure in the field
of construction or related thereto, recognized and accepted as authoritative
under the State Building Construction Code.
Natural surface of the ground or surface of the ground after
completion of any change in contour.
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 of insects, rodents, vermin or other pests within
or contiguous to a building or on premises.
Space, 60 square feet or more in floor area with a minimum
width of five feet, used for cooking or preparation of food, which
shall meet the definition of "habitable space."
[Amended 6-2-1986 by L.L. No. 3-1986]
Space, less than 60 square feet in floor area and/or less
than five feet in width, used for cooking and/or preparation of food.
A multiple dwelling containing one or more lodging units,
with or without meals being provided.
A room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping purposes, but
without cooking facilities within such unit. A "lodging unit" is not
limited to a lodging house. Dormitory buildings and buildings of mixed
occupancy may contain such units.
Occupancy of a building in part for residential use and in
part for some other use not accessory thereto.
A dwelling which is either rented, leased, let or hired out,
to be occupied, or is occupied as the residence or home of three or
more families living independently of each other.
[Amended 6-9-2018 by Ord.
No. 2018-06]
City of Schenectady.
Material or combination of materials which will not ignite
and support combustion when heated at any temperature up to 1,382º
F. during an exposure of five minutes.
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."
A facility licensed by an appropriate state or other governmental
agency providing therein nursing care to sick, invalid, infirm, disabled
or convalescent persons, in addition to lodging and board.
A facility supervised by the state or a governmental agency
and operated for the purpose of providing suitable care therein to
adult persons who, though not requiring medical or nursing care, are
in such condition by reason of their age as to require, in addition
to lodging and board, the services of attendants to assure their safety
and comfort, and providing personal assistance to such adults as they
may require.
Any person, as that term is defined in this chapter, who
is the proprietor of a multiple dwelling or rooming house as defined
in this chapter. Said person need not be the owner of the premises
of which he is the operator.
Any individual or individuals, partnership or corporation
or any similar type of business organization, whether for profit or
otherwise, in whose name title to a building stands, a mortgagee or
vendee in possession subject to NYS Real Property Actions and Proceedings
Law § 1308, assignee of rents, receiver, executor, trustee,
lessee, agent or any other person, firm or corporation directly or
indirectly in control of the property.
[Amended 12-14-2020 by Ord. No. 2020-14]
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. The "plumbing
system" also includes all of the gas piping on the consumer's side
of the meter.
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
or solution and which may include liquids containing chemicals.
See "dormitory."
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 and
lavatories and which may also contain one or more urinals and/or other
plumbing fixtures. See definition of "bathroom."
A building which is not legally being used for an occupancy
authorized by the owner.
[Added 12-14-2020 by Ord.
No. 2020-14]
A building, a portion of a building, or a structure in which any one or more of the following conditions apply: unoccupied and not secured or boarded in compliance with the standards set forth in § 167-51.1 of the Code; unoccupied and unsafe as determined by an enforcement officer; unoccupied and has any violation of the Schenectady City Code or New York State Property Maintenance Code; illegally occupied; or unoccupied for a period of time of 45 days or longer.
[Amended 12-14-2020 by Ord. No. 2020-14]
Supplying of air to and removal of air from a space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by openings to the outer air through windows,
skylights, doors, louvers or stacks, with or without wind-driven devices.
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 Building Code of the City of Schenectady, the National Electrical
Code and the Building Code of the State of New York shall be prima
facie evidence that the same is reasonably safe to person and property.
