[Amended 10-30-1991 by L.L. No. 23-1991; 7-1-1996
by L.L. No. 6-1996]
For the purposes of this law, the following terms shall mean and include:
A structure, the use of which is incidental to that of main building
and which is attached thereto or located on the same premises.
Approved by the Commissioner under the provisions of this law or
the rules and regulations adopted pursuant thereto or approved by an authority
designated by law or by this law.
The portion of the building that is partly underground which has
more than 1/2 its height, measured clear from floor to ceiling, above the
average finished grade of the ground adjoining the building.
Enclosed space containing one or more bathtubs, showers or both,
and which may also include toilets, lavatories or fixtures serving similar
purposes.
A combination of any materials, whether portable or fixed, having
a roof, to form a structure affording shelter for persons, animals or property.
The word "building" shall be construed, when used herein, as though followed
by the words "or part or parts thereof" unless the context clearly requires
a different meaning.
The lowermost portion of the building partly or totally underground
having 1/2 or more of its height, measured clear from floor to ceiling, below
the average finished grade of the adjoining ground.
The Commissioner of Building referred to in this law shall be a Building
Inspector or his designee.
The Building Department of the Village of Port Chester.
A building containing not more than two dwelling units occupied exclusively
for residential uses. Residential uses shall include a private garage and
customary home occupations conducted in the "dwelling" by the occupants, such
as the practice of a profession.
A building or portion thereof providing complete housekeeping facilities
for one family.
Open space on the premises and vacant open space on adjacent premises.
The control and extermination of insects, rodents and vermin by eliminating
their harborage places, by removing or making inaccessible materials that
may serve as their food, by poisoning, spraying, fumigating, trapping or by
other approved means of pest elimination.
The animal, vegetable and mineral waste resulting from the handling,
preparation, cooking and consumption of food.
The natural surface of the ground or the surface of the ground after
completion of any change in contour.
The total area of all habitable space.
Space occupied by one or more persons for living, sleeping, eating
or cooking. Restaurants for employees and occupants, kitchens serving them
and kitchenettes shall not be deemed "habitable space."
The presence, within or continuous to a dwelling, dwelling unit,
rooming house, rooming unit or premises, of insects, rodents, vermin or other
pests.
A space 60 square feet or more in floor area, with a minimum width
of five feet, used for cooking or preparation of food and deemed habitable
space.
A space, less than 60 square feet in floor area, used for cooking
or preparation of food, not deemed habitable space.
A dwelling which is either rented, leased, let or hired out to be
occupied or which is occupied as the temporary or permanent residence or home
of three or more families living independently of each other, including but
not limited to the following: a tenement, flat house, maisonette apartment,
apartment house, apartment hotel, tourist house, bachelor apartment, studio
apartment, duplex apartment, kitchenette apartment, hotel, lodging house,
rooming house, boardinghouse, boarding and nursery school, furnished room
house, club, sorority house, fraternity house, college and school dormitory
or convalescent, old age or nursing home or residences. It shall also include
a dwelling, two or more stories in height, and with four or more boarders,
roomers or lodgers residing with any one family.
Space used as kitchenettes, pantries, bath, toilet, laundry, rest,
dressing, locker, storage, utility, heater and boiler rooms, closets and other
spaces used for access and vertical travel between stories.
Any person over one year of age living, sleeping, cooking or eating
in or having actual possession of a dwelling unit or rooming unit.
Any person who has charge, care or control of a multiple residence
or rooming house in which dwelling units or rooming units are let or offered
for occupancy.
Zero degrees Fahrenheit.
Pipes, fixtures and other apparatus for supplying water for consumption
or for the conveyance of waste and drainage.
Water duly approved as satisfactory and safe for drinking.
A lot, plot or parcel of land, including the buildings or structures
thereon.
Sewer operated by a public authority or public utility and available
for public use.
A dwelling other than a hotel in which lodging is provided for three
or more persons for compensation.
Any room or group of rooms forming a single habitable unit used or
intended to be used for living or sleeping but not for cooking or eating purposes.
All combustible and noncombustible waste, except garbage.
Waste from a flush toilet, bath, sink, lavatory, dishwashing or laundry
machine or the water-carried waste from any other fixture or equipment or
machine.
The combination of any materials, whether fixed or portable, forming
a construction, including buildings. The word "structure" shall be construed
as though followed by the words "or part or parts thereof."
Facilities paid for, furnished, provided by or under the control
of the owner or operator.
Any tent, trailer or other structure used for human shelter which
is designed to be transportable and which is not attached to the ground, to
another structure or to any utility system for more than 30 consecutive days.
Any tent, trailer or other structure occupied for more than 30 consecutive
days shall meet all requirements of this Code.
Enclosed space containing one or more toilets, which may also contain
one or more lavatories, urinals and other plumbing fixtures.
Supply and removal of air to and from any 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.
A.
Exterior property areas shall be free from conditions
which might create a health, accident or fire hazard.
B.
Exterior property areas shall be kept free from organic
and inorganic material that might become a health, accident or fire hazard.
C.
Sewage must be discharged into a public sewer system except as provided in § 197-13E of this law. Discharge of inadequately treated sewage shall not be permitted upon the surface of the ground or into natural or artificial surface drainageways.
D.
Stormwater shall be properly drained to prevent recurrent
or excessive ponding or the entrance of water into any basement or cellar.
E.
Exterior property areas shall be free from species of
weeds or plant growth which are noxious or detrimental to the public health.
F.
Exterior property areas shall be kept free from sources
of insect, vermin and rodent breeding, harborage and infestation.
G.
Domestic animals and pets shall not be kept on any premises
in such a manner as to create insanitary conditions or constitute a nuisance.
H.
Accessory structures located on exterior property areas
shall be kept in good repair, free from health, fire and accident hazards
and vermin, insect and rodent harborage.
I.
Exterior property areas shall be so maintained as not
to cause a substantial depreciation in property values in the immediate neighborhood.
A.
The foundation walls of every structure used for human
habitation shall be maintained in good repair and be structurally sound.
B.
The stairs, porches and railings affixed to the exterior
of every structure used for human habitation shall be kept in good repair
and structurally sound. Railings shall be provided for stairs and balconies
and, where necessary, for porches and accessible roofs.
C.
Every structure used for human habitation shall be so
maintained that it will be weather- and raintight.
D.
Every structure used for human habitation shall be free
of loose overhanging objects.
E.
The exterior of every structure used for human habitation
shall be so maintained as to be vermin- and rodent-free.
F.
Every window, door and other opening to outdoor space
in the exterior of every structure used for human habitation shall be effectively
protected against the entrance of insects.
A.
Free from dampness. Cellars, basements and crawl spaces
in every structure used for human habitation shall be reasonably free from
dampness to prevent conditions conducive to decay or deterioration of the
structure.
B.
Structural members. Supporting structural members of
every structure used for human habitation shall be structurally sound.
C.
Chimneys, flues and vents. Chimneys and all flue and
vent attachments thereto of every structure used for human habitation and
all other flues and vents shall be structurally sound and free from defects,
performing the function for which they were designed and are used.
D.
Stairs and railings. Interior stairs of every structure
used for human habitation shall be structurally sound and free from defects.
Railings shall be provided for stairs, balconies, landings and stairwells.
E.
Floors, walls and ceilings. Floors, walls and ceilings
of every structure used for human habitation shall be structurally sound and
maintained in a clean and sanitary condition.
F.
Bathroom floors. Bathroom, shower room and toilet room
or compartment floors of every structure used for human habitation shall be
water-resistant.
G.
Free from rubbish and garbage. The interior of every
structure used for human habitation shall be maintained free from rubbish
and garbage that might become a health, accident or fire hazard.
H.
Insect and rodent harborage. The interior of every structure
used for human habitation shall be free from insect, rodent and vermin infestation.
A.
Potable water supply. Every dwelling unit and rooming
house shall be supplied with a potable water supply. There shall be adequate
water and pressure at all installed hot and cold water outlets.
B.
Hot water. Every dwelling, dwelling unit and rooming
house shall have an adequate supply of hot water, properly connected to plumbing
fixtures requiring hot water.
C.
Plumbing fixtures required. Every dwelling and dwelling
unit shall have the following plumbing fixtures: kitchen sink, toilet, bathtub
or shower and lavatory. Kitchen sinks, bathtubs, showers and lavatories shall
be properly connected to both hot and cold water lines.
D.
Required plumbing fixtures in rooming house. In every
rooming house, the following minimum plumbing fixtures are required for each
multiple of three sleeping rooms or fraction thereof: toilet, bathtub or shower
and lavatory. Bathtubs, showers and lavatories shall be properly connected
to both hot and cold water lines. All fixtures shall be so located as to be
accessible to the occupant of each rooming unit sharing the use of such facilities
without going through a dwelling unit or rooming unit of another occupant.
Where sleeping accommodations are arranged as a dormitory, the same plumbing
fixtures are required for each multiple of 10 persons or fraction thereof.
Where toilet rooms are provided for the exclusive use of males, urinals may
be substituted for not more than one-third (1/3) of the required number of
toilets.
E.
Plumbing fixtures connected to sewer lines. All plumbing
fixtures installed within a structure used for human habitation shall be connected
to sewer lines that discharge into a public sewage system or other approved
means of disposal.
F.
Privies not permitted. No privy shall be constructed
or continued in operation without the written approval of responsible local
authorities.
G.
Heating facilities. Every dwelling, dwelling unit, rooming house and rooming unit occupied shall comply with the requirements of Article 10, New York State Uniform Fire Prevention and Building Code, and Westchester County Health Department regulations.
H.
Electric service. Every dwelling, dwelling unit, rooming
house and rooming unit shall be provided with electric service.
I.
Cooking facilities. Every dwelling unit shall be provided
with installed cooking facilities or utility connections for such facilities.
J.
Refrigerated space. In every dwelling unit where perishable
foods are kept, refrigerated space for their storage or appropriate utility
connections shall be provided.
K.
Means of egress. Every dwelling unit and rooming unit
shall have safe and unobstructed means of egress from the structure.
A.
Maintenance of plumbing fixtures. Every water line, plumbing
fixture and drain located in a structure used for human habitation shall be
properly installed, connected and maintained and capable of performing the
function for which it was designed.
B.
Maintenance of plumbing systems. Every stack, waste and
sewer line located in a structure used for human habitation and every connecting
sewer line shall be so installed and maintained as to function properly and
not be a source of structural deterioration or a health hazard.
C.
Installation of heating equipment.
(1)
Every heating, cooking and water-heating device located
in a structure used for human habitation shall be properly installed, connected
and capable of performing the function for which it was designed.
(2)
All heating, cooking and water-heating equipment burning
solid fuels shall be rigidly connected to a chimney or flue, and such heating
equipment burning liquid or gaseous fuels shall be rigidly connected to a
supply line and, where required, to a chimney, flue or vent.
D.
Maintenance and operation of heating equipment. Every
heating, cooking and water-heating device located in a structure used for
human habitation shall be so maintained and operated as to be free from fire,
health and accident hazards.
E.
Storage of fuels. All fuels stored on the premises for
the operation of heat-producing equipment shall be stored in a safe manner.
F.
Maintenance of electric wiring and devices.
(1)
Electric wiring and devices located in a structure used
for human habitation shall be so designed, installed and maintained as not
to be a potential source of ignition of combustible material or an electric
hazard.
(2)
The rating or setting of overcurrent devices shall not
be in excess of the carrying capacity of the circuit conductor.
A.
Requirements for dwelling units, other than one-room studio apartments. Except as otherwise set out in this § 197-15, every dwelling unit shall have a kitchen or kitchenette and a bathroom and shall, in addition to the gross floor area contained within those rooms, have not less than 300 square feet of gross floor area of habitable space for one occupant and 200 additional square feet of habitable space for each additional occupant.
B.
One-room studio apartments. Every dwelling unit which is occupied by two or more occupants and which contains a room not intended primarily for cooking or sleeping, but which is properly designed and equipped or especially furnished with either a kitchenette and bed furniture properly designed for daytime storage or other daytime uses, to be maintained as a combination of regular living and efficiency sleeping, may contain 100 square feet less gross floor area of habitable space than that required in Subsection A above.
C.
Required space in sleeping rooms. In every dwelling unit,
every room occupied for sleeping purposes by one occupant shall have a minimum
gross floor area of at least 80 square feet. Every room occupied for sleeping
purposes by more than one occupant shall have a minimum gross floor area of
50 square feet per occupant thereof. In the case of children under six years
of age, the requirement shall be 40 square feet per child for two or more
children. Every room used for sleeping purposes shall have a minimum horizontal
dimension of seven feet. Kitchens shall not be used for sleeping purposes.
D.
Required space in rooming units. Rooms let to one or
more persons shall contain a minimum gross floor area for sleeping purposes
of 90 square feet for a single occupant, and every such room occupied by more
than one occupant shall contain a minimum gross floor area of 70 square feet
per occupant thereof.
E.
Basement dwelling units. Dwelling units and rooming units
located in a basement shall meet all the requirements of this Code, and the
floors and outside walls shall be dampproof.
F.
Sleeping space in cellars. No space in any cellar shall
be used for sleeping purposes.
A.
Natural light in habitable rooms. Every habitable room
shall have at least one window or skylight facing directly to the outdoors.
The minimum aggregate area available for unobstructed light shall be not less
than 8% of the floor area of such rooms.
B.
Light in nonhabitable space. Every stair, hall, cellar
and basement located in a structure used for human habitation shall have either
adequate natural or artificial lighting available at all times.
C.
Light in nonhabitable work space. Every laundry, furnace
room and all similar nonhabitable work space located in a structure used for
human habitation shall have either adequate natural or artificial lighting
available at all times.
D.
Light in public halls and stairways. Every public hall
and common stairway located in a structure used for human habitation and which
is used primarily for ingress and egress in connection with two or more dwelling
units or rooming units shall be supplied with a proper amount of natural light
or lighting facilities controllable by the occupants of the structure and
available at all times.
E.
Electric outlets. Every habitable room shall have electric outlets properly connected to a source of electric power as required in § 197-13I.
F.
Electric fixtures in bathrooms. Every bathroom, shower
room, toilet room or compartment located in a structure used for human habitation
shall have permanently installed artificial lighting fixtures.
G.
Ventilation inhabitable rooms. Every habitable room shall
be ventilated by either openable areas equal to 50% of the required window
area or by equivalent mechanical ventilation or 4% of floor area.
H.
Ventilation in bathrooms. Every bathroom, shower room,
toilet room or compartment located in a structure used for human habitation
shall be adequately ventilated.
A.
Maintenance of private space. Every occupant of a dwelling
or a dwelling unit shall keep in clean and sanitary condition that part of
the dwelling, dwelling unit or premises thereof which he occupies or controls.
B.
Maintenance of plumbing equipment. Every occupant of
a dwelling or dwelling unit shall be responsible for the exercise of proper
care and cleanliness in the use and operation of all plumbing fixtures, sanitary
facilities, appliances and equipment therein.
D.
Extermination. Every occupant of a single dwelling unit shall be responsible for the extermination of any rodents, vermin or other pests therein or on the premises. Every occupant of the dwelling unit in a building containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested, except that whenever such infestation is caused by the failure of the owner to carry out the provisions of this law, as cited in §§ 197-10F, 197-11F and 197-12H, extermination shall be the responsibility of the owner. When two or more dwelling units within a building are so infested, it shall be the responsibility of the owner to carry out the provisions of this law within such building, as cited above with respect to extermination.
E.
Maintenance of public space. Every owner of a building
containing three or more dwelling units shall be responsible for maintaining
in a clean and sanitary condition the shared or public areas of the dwelling
and premises thereof.
F.
Supplied facilities. Every owner of a dwelling, dwelling
unit, rooming house and rooming unit shall be responsible for keeping supplied
facilities in proper operating condition.
G.
Supplied heat. Every owner or operator of a building
who permits to be occupied any dwelling unit or rooming unit therein, under
an agreement expressed or implied, shall supply or furnish heat to the occupants
thereof in accordance with the requirements of the County Health Code and
applicable state law. The provisions of this subsection shall not apply where
the failure to maintain minimum requirements is caused by a general area-wide
shortage of fuel, negligent or malicious act of the occupant, necessary repairs
or alterations or any cause beyond the control of the owner or occupant.
H.
Discontinuance of utilities. No owner, operator or occupant
shall cause any service, facility, equipment or utility which is required
to be supplied by the provisions of this Code to be removed from or shut off
from or discontinued for any occupied dwelling unit, except for necessary
repairs, alterations or emergencies.
I.
Occupancy of vacant units. No person shall occupy as
owner-occupant or permit to be occupied by another any vacant dwelling or
dwelling unit, unless or until it is in good repair, clean, sanitary, in habitable
condition and in full compliance with all the provisions of the Code and the
rules and regulations adopted pursuant thereto.