This chapter shall be known and may be cited
as the "Housing Code Applicable to Residential Premises."
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.
One- and two-family dwellings and multiple dwellings,
except as specifically excluded herein.
C.
Residential occupancies in buildings of mixed occupancy.
D.
Structures accessory to residential occupancies.
This chapter shall not apply to transient facilities,
including but not limited to hotels, motels 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 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 which 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, Conformity
of such work, materials, assemblies or equipment with the applicable
requirements of the Building Code of the Village of Garden City[1] shall be prima facie evidence that the same are reasonably
safe to persons and property.
A.
It shall be the duty and responsibility of the Building
Department of the village to enforce the provisions of this Housing
Code as herein provided.
B.
The inspection of premises and the issuing of orders
in connection therewith under the provisions of this code shall be
the exclusive responsibility of the Building Department of the village.
Wherever, in the opinion of the Building Official, it is necessary
or desirable to have inspections of any condition by any other department,
he shall arrange for this to be done in such manner that the owners
or occupants of buildings shall not be subjected to visits by numerous
inspectors nor to multiple or conflicting orders.
C.
No order for correction of any violation under this
code shall be issued without the approval of the Building Official,
and it shall be the responsibility of that official before issuing
any such order to determine that it has the concurrence of any other
department or official of the government concerned with any matter
involved on the case in question.
D.
Except as may otherwise be provided by statute or
local law or ordinance, no officer, agent or employee of the municipality
charged with the enforcement of this Housing Code shall render himself
personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his
duties under this code. No person who institutes or assists in the
prosecution of a criminal proceeding under this code shall be liable
to damages hereunder unless he acted with actual malice and without
reasonable grounds for believing that the person accused or prosecuted
was guilty of an unlawful act or omission. Any suit brought against
any officer, agent or employee of the municipality as a result of
any act required or permitted in the discharge of his duties under
this code shall be defended by the legal representative of the municipality
until the final determination of the proceedings therein.
E.
The Building Official shall make or cause to be made
inspections to determine the conditions of dwellings, multifamily
dwellings, dwelling units, rooming units and premises in order to
safeguard the safety, morals and welfare of the public under the provisions
of this code. The Building Official is authorized to enter any dwelling,
dwelling unit, multifamily dwelling, rooming unit or premises at any
reasonable time for the purpose of performing his duties under this
code. The owner, operator or occupant of every dwelling, multifamily
dwelling, dwelling unit or rooming unit, or the person in charge thereof,
shall give the Building Official free access thereto and to all parts
thereof and to the premises on which it is located at all reasonable
times for the purpose of such inspection, examination and survey.
F.
It shall be unlawful for any person to refuse entrance
or impede an inspector or officer authorized under this code in the
performance of his duties, and every such inspector or officer shall
have the right to enter, examine and survey all premises, grounds,
structures, dwellings and multifamily dwellings and every part thereof
at all reasonable times upon display of proper identification.
G.
Every occupant of a dwelling unit or rooming unit
shall give the owner or operator thereof or his agent or employee
access to any part of such dwelling unit, rooming unit or its premises
at reasonable times for the purpose of making such inspections, maintenance,
repairs or alterations as are necessary to comply with the provisions
of this code.
A.
Word usage. For the purpose of this code, words used
in the present tense include the future. The singular number includes
the plural, and the plural includes the singular.
B.
ACCESSORY STRUCTURE
ACCESSORY USE
(1)
(2)
(3)
(4)
(5)
APPROVED
BASEMENT
BATHROOM
CELLAR
DORMITORY
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EXIT
FAMILY
(1)
(a)
(b)
(c)
(2)
(a)
(b)
(c)
[1]
[2]
[3]
[4]
(d)
GENERALLY ACCEPTED STANDARD
HABITABLE SPACE
INFESTATION
KITCHEN
KITCHENETTE
MIXED OCCUPANCY
MULTIPLE DWELLING
MUNICIPALITY
NONHABITABLE SPACE
PLUMBING SYSTEM
POTABLE WATER
PUBLIC SPACE
SEWAGE
STRUCTURE
TOILET ROOM
VENTILATION
VENTILATION, MECHANICAL
VENTILATION, NATURAL
Unless otherwise expressly stated, the following terms
shall, for the purpose of this code, have the meanings indicated in
this section. Where terms are not defined in this section, they shall
have their ordinarily accepted meanings or such as the context may
imply.
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.
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
bedding, furniture, supplies and tenants' equipment and effects.
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.
A story partly underground but having at least 1/2 its height,
measured from finished floor to finished ceiling, above the ground
level.
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 story having more than 1/2 its height, measured from finished
floor to finished ceiling, below the ground level.
A building arranged for sleeping purposes and having common
toilet and bathroom facilities.
A detached building containing one dwelling unit only.
A building containing not more than two dwelling units occupied
exclusively for residential purposes.
A building or portion thereof designed for occupancy by and
containing housekeeping facilities for one family only.
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.
[Amended 4-18-2013 by L.L. No. 2-2013]
One of the following:
A group of people related by blood, marriage or legal adoption,
living together in a dwelling unit, constituting a natural family;
or
No more than three (3) unrelated persons living together in
a dwelling unit; or
Four (4) or more persons living together in a dwelling unit
who are not related by blood, marriage or legal adoption, who have
overcome a presumption that they do not constitute a family by a determination
that they are the functional equivalent of a natural family.
In determining whether a group of individuals is living together
as the functional equivalent of a natural family, the following criteria
must be present:
The group is one which in appearance, structure and function
resembles a natural family.
The group must share the entire dwelling unit, including the
cooking facilities, as a single housekeeping unit, use all rooms and
housekeeping facilities in common and have access to all parts of
the dwelling unit.
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependant children regularly residing
in the household who are enrolled in local schools;
Members of the group have the same address for purposes of voter
registration, driver's license, motor vehicle registration and filing
of taxes;
Members of the group are employed in the area; and
The group has been living together in the current dwelling unit,
or elsewhere, for a continuous period of one year or more.
Any other factors which may be determinative of whether or not
the group is the functional equivalent of a natural family.
A specification, code, rule, guide or procedure in the field
of construction or related thereto, recognized and accepted as authoritative.
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" and "public space."
The presence, within or contiguous to the premises, of insects,
rodents, vermin or other pests.
Space, 60 square feet or more in floor area, used for cooking
or preparation of food.
Space, less than 60 square feet in floor area, used for cooking
or preparation of food.
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.
The Village of Garden City, 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."
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, including
but not limited to passageways, stairways, lobbies and lounges.
Liquid waste containing animal or vegetable matter in suspension
or solution and which may include industrial wastes and liquids containing
chemicals.
Any combination of materials forming any construction and
including, among other things, heating or air-conditioning units,
stadiums, tents, trailers (whether movable or stationary), reviewing
stands, platforms, unenclosed porches, stagings, observation towers,
radio and television towers and antennas, gasoline pumps, water tanks,
standpipes, outdoor bins, outdoor pools, walls, fences, trellises,
pergolas, gates and gateposts and signs. The word "structure" shall
be construed as though followed by the words "or part thereof."
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.
