[HISTORY: Adopted by the Village Council
of the Village of New Haven 3-13-1973 by Ord. No. 140. Amendments noted where
applicable.]
GENERAL REFERENCES
Unsafe buildings, structures and fences — See Ch. 168.
Electrical standards — See Ch. 230.
Fire prevention — See Ch. 258.
Housing and property maintenance — See Ch. 304.
Off-street parking areas — See Ch. 378.
Plumbing standards — See Ch. 394.
Water and sewers — See Ch. 495.
Zoning — See Ch. 515.
This chapter shall be known and may be cited
as the “Village of New Haven Boarding, Referral and Convalescent
Home Licensing and Regulation Ordinance.”
This chapter is enacted for the purpose of licensing,
and regulating the operation of boarding, referral and convalescent
homes within the Village of New Haven and regulating such operations
in the interest of preservation of the public health, safety and general
welfare of all within the community.
For the purpose of this chapter, certain terms,
phrases, words, and their derivatives shall be construed as specified
in this section. Words used in the singular shall include the plural
and the plural the singular. Words used in the masculine gender shall
include the feminine and the feminine the masculine. The word "shall"
is mandatory and not merely directive. Where words and terms are not
defined they shall have their ordinarily accepted meaning or such
as they may imply.
That portion of a building located partially or wholly below
ground enclosed by what are generally considered to be the foundation
walls.
Premises used for the purpose of housing two or more people
not ordinarily included in a family unit, and shall be further construed
to mean the same as “referral home,” “convalescent
home” or other terms such as “guest home,” “retiree
home,” “shelter home” or similar designation for
facilities that provide housing, food and care, whether it be for
profit or nonprofit.
The Building Inspector of the Village of New Haven.
The clear vertical distance from the finished floor to the
finished ceiling.
A continuous and unobstructed means of egress to a public
way and shall include intervening doorways, corridors, ramps, stairways,
smokeproof enclosures, horizontal exits, exterior courts and yards.
Shall be construed to mean that which normally constitutes
a family such as a husband, wife, sons and daughters by blood, marriage
or adoption and may further include grandparents, aunts, uncles, nieces,
nephews or cousins by blood, marriage or adoption; provided, however,
it is not the intent of this definition to provide for recognition
of a large aggregation of relatives to circumvent a realistic interpretation
of a family unit.
The net floor area within the enclosing walls of the room,
excluding equipment such as wardrobes, cabinets, kitchen units, appliances
or fixtures.
A room or enclosed floor space used or intended to be used
for living, sleeping or eating purposes, excluding kitchens, bathrooms,
water closet compartments, laundries, pantries, foyers, corridors,
stairways, closets, unfinished attics, basements, offices, utility
rooms and storage spaces.
Includes the following:
Any public nuisance known at common law or in
equity jurisprudence.
Whatever is dangerous to human life or detrimental
to health.
Overcrowding a room or building with occupants.
Insufficient light, heat or ventilation.
Inadequate or unsanitary sewage or plumbing
facilities.
Uncleanliness.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
Insufficient supervision to provide care, control
or assistance to patients or referrals either on or off the premises
of homes licensed under this chapter.
Any person living and/or sleeping and eating on the premises,
whether he or she is there by his or her own volition or by referral
from other individuals or agencies.
Any person, firm or corporation having charge, care or control
of any premises as owner, or agent of the owner, or as executor, administrator,
trustee or guardian of an estate and shall be bound to comply with
the provisions of this chapter and any rules and regulations adopted
pursuant thereto.
A lot, plot or parcel of land, including the buildings and
structures thereon.
Statistical accounts of the number of occupants of homes
licensed under this chapter, kept current, showing the source of referral,
if any, and made available to the appointed representative of the
Village Council.
Any member or members of the staff, paid or voluntary, employed
for the purpose of assisting in the care, feeding and overseeing of
the occupants of licensed homes both off and on the premises.
The Village of New Haven.
The appointed representative of the Village Council whose
responsibility it shall be to investigate all applications for licenses,
make periodic inspections as called for in this chapter and as directed
by the Village Council, make periodic review of occupancy records
maintained by licensed homes and make regular monthly reports on his
findings to the Village Council.
A.
Subsequent to enactment of this chapter, no person,
firm or corporation shall own or operate a boarding home, referral
home, convalescent home or other operation similar in nature without
having a valid current license approved by the Village Council and
signed by the Village Clerk. Prior to such approval, an inspection
of the premises shall be made by Village Fire Chief and Building Inspector,
and their report shall be reviewed by the Village Council and noted
in the minutes when the license is considered. The term of license
shall be for two years from the approval date noted thereon and subject
to suspension or revocation by the Village Council for violation of
the provisions of this chapter. The form of license shall be substantially
as follows:
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License to Operate a Boarding, Referral or Convalescent
Home within the Village of New Haven
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Name of Facility
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Date of Issuance
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Address of Facility
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Maximum Capacity
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Name of Owner
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Address
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Date of Council Approval
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Date of Expiration
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Issued pursuant to the provisions of New Haven
Village Ordinance No. 140.
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Fee: $100
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Paid
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Village Clerk
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Recommended for approval by
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Fire Chief
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Date
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Date
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Building Inspector
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Date
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Village Health Officer
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B.
License fees shall be $100 per two-year period; no
refunds.
C.
Licenses may be transferred following a report from
the Village Fire Chief, Health Officer, and Building Inspector subsequent
to reinspection by them of the premises to be transferred and approval
of the transfer by the Village Council.
D.
Transfers will be for a two-year period commencing
the date of approval, and the fee will be $100. Fees for new licenses,
renewals, and transfers shall be payable in advance.
For the purpose of providing for the health,
safety and welfare of the citizens of New Haven and the owners, operators
and occupants of the premises, the following minimum standards shall
apply in addition to any county, state or federal regulations or supplementary
to such regulations where applicable. In any case where county, state
or federal minimum standards are less than those required by this
chapter, then the provisions of this chapter shall prevail.
A.
Bulk and parking standards.
(1)
The minimum total floor area for a structure to house
no more than five occupants, including the owner, operator and supervisory
personnel, shall be 1,200 square feet. For each additional occupant,
add 200 square feet.
(2)
The minimum lot area for a structure to house no more than five occupants, including the owner, operator and supervisory personnel, shall be 30,000 square feet unless otherwise provided for in Chapter 515, Zoning. For each five additional occupants, add 500 square feet.
(3)
The minimum off-street parking space for a structure
to house no more than five occupants, including the owner, operator
and supervisory personnel, in addition to the minimum lot area and
exclusive of access drives, shall be two spaces measuring nine feet
by 20 feet. For each five additional occupants, add one off-street
parking space.
B.
Basic equipment and facilities.
(1)
Cooking, food preparation and storage, refrigerator,
freezers, ranges, sinks, properly connected to hot and cold running
water, storage cabinets and counter space of sufficient size and capacity
to properly and expeditiously prepare food for occupants shall be
provided.
(2)
Sanitary facilities. Minimum bathroom facilities for
the first five occupants of any premises shall include a standard
tub or shower connected to hot and cold running water and the Village
sanitary sewer and water system, a flush water closet connected to
a constant supply of cold water and connected to the Village sanitary
sewer and water system, and a lavatory basin connected to a constant
supply of hot and cold running water and connected to the Village
sanitary sewer and water system. All of the foregoing are to be maintained
in good working order. For each additional five occupants, the same
type of facilities shall be duplicated. The flush water closet and
lavatory basins need not be located in the same room as the bathtub
or shower, provided said rooms in either instance provide privacy
for those using them. Clean towels shall be provided each occupant
upon arrival and at least once a week thereafter.
(3)
Dining facilities and space requirements. The minimum
dining area, exclusive of kitchen space, shall be 80 square feet and
shall include a sturdy table or tables of sufficient size to adequately
serve all occupants at one seating. One chair shall be provided for
each occupant. Dining space shall be increased by 10 square feet of
floor space for each occupant in excess of five. Table space shall
be increased proportionately.
(4)
Sleeping facilities and space requirements. Every
room used for sleeping purposes by one occupant shall contain at least
80 square feet of floor area. Every room used for sleeping purposes
by more than one occupant shall contain at least 50 square feet of
floor space for each occupant. One bed shall be provided for each
occupant, consisting of a bedstead, spring and mattress of a minimum
size of 36 inches by 72 inches. In the case of a husband and wife,
where mutually agreeable, double beds may be provided. Bedding shall
be provided in a clean and sanitary manner and changed at least once
a week and prior to any change of occupancy.
(5)
Leisure or living area. At least one room with a minimum
of 120 square feet shall be provided for the first five occupants.
Such room shall be reserved for the purpose of reading, television
viewing or other forms of relaxation. Ten square feet shall be provided
for each additional occupant; except where dining area facilities
can be converted for leisure or living purposes after the serving
of meals, then the above requirement may be reduced to five square
feet for each additional occupant.
(6)
Ceiling height and floor areas. At least 1/2 of the
floor area in any bathroom, water closet or bedroom shall have a minimum
ceiling height of seven feet six inches at all walls.
(7)
Lighting, ventilation and heating.
(a)
Every habitable room shall have at least one
operable window facing to the outside of a minimum size of 12 square
feet or 1/8 of the floor area, whichever is greater, and equipped
with a screen. Every room shall have an operable door, a minimum size
of two feet six inches by six feet eight inches; and where the door
leads to the outside it shall be equipped with a screen. Bathrooms
may be equipped with ventilating fans in lieu of windows, provided
adequate movement and volume of air change can be demonstrated. All
kitchens shall be equipped with exhaust fans of a sufficient size
to dispel steam and odors. Every habitable room shall contain at least
two separate floor or wall-type electric convenience outlets, or one
such convenience outlet and one supplied ceiling-type electric light
fixture, and every bathroom, water closet, compartment, laundry room,
furnace room and public hall shall contain at least one supplied coiling
or wall-type electric light fixture. Every such outlet and fixture
shall be in working condition and installed in accordance with the
requirements of the Village of New Haven Electric Code.[1] Every hall and stairway shall be adequately lighted with
lighting facilities sufficient to provide at least one footcandle
of light at the floor or stairtread level at all times. Every bathroom
and water closet compartment shall conform to the lighting requirements
for habitable rooms.
(b)
Every dwelling shall have heating facilities
which are properly installed, maintained in good working condition
and are capable of safely and adequately heating all habitable rooms,
bathrooms, and water closet compartments located therein to a temperature
of at least 68° F. at a distance of three feet above floor level,
when the outside temperature is 10° F. Such facilities shall be
installed and maintained in a safe condition and in accordance with
all other applicable laws. No unvented or open-flame gas heaters shall
be permitted. All heating devices or appliances shall be of an approved
type.
(c)
Every dwelling unit shall have supplied water-heating
facilities which are properly installed, maintained in safe and good
working condition, properly connected with hot water lines, and are
capable of heating water to such a temperature as to permit an adequate
amount of water to be drawn at every required kitchen sink, lavatory
basin, bathtub or shower at a temperature of not less than 120°
F. even when the heating facilities required by this chapter are not
in operation.
Competent supervisory personnel shall be provided
both on the premises and off to oversee the safety and welfare of
all occupants. In the case of occupants referred to the premises for
reasons of old age, infirmity or mental retardation, it shall be the
responsibility of the owner to provide a minimum of one supervisor
for every five occupants to provide assistance and guidance whenever
said occupants leave the premises for purposes of visiting, shopping,
strolling, or any other purpose.
The Village Health Officer, Building Inspector
and the Chief of the New Haven Fire Department or their duly authorized
subordinates may enter upon any premises for which a license is sought
or for which a license has been issued at any reasonable time for
the purpose of inspecting the premises or examining records of occupancy.
Failure to allow inspection shall be deemed prima facie evidence of
failure to comply with the provisions of this chapter and may be deemed
cause for suspension or revocation of the license by the Village Council.
Any licensee who has his license suspended or
revoked shall have the right of appeal and may request a hearing from
the New Haven Village Council, provided such request is filed within
10 days following revocation.
Variances reducing minimum lot area and minimum
off-street parking in the case of existing premises being used for
the purposes covered by this chapter may be granted by the New Haven
Village Council conditional upon adherence to all other provisions
of this chapter. Application for variance by existing premises so
used must be made within 20 days following adoption of this chapter.
[Amended 1-13-2015 by Ord. No. 333]
Any person, firm, or corporation violating any provisions of this chapter shall, upon conviction, be punished as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven. Each day a violation is permitted to continue may be considered a separate offense.
