This chapter shall be known as the "Minimum Housing Standards
Applicable to Residential Premises in the Village of North Collins,
New York."
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.
A.Â
This chapter shall apply to residential premises as follows:
(1)Â
Lots, plots or parcels of land on which residential buildings, buildings
of mixed occupancy or accessory structures are located.
(2)Â
Residential buildings, including one- and two-family dwellings and multiple dwellings, except as specifically excluded in § 103-4.
(3)Â
Residential occupancies in buildings of mixed occupancy.
(4)Â
Accessory structures, accessory to residential occupancies.
B.Â
Every portion of a building, accessory structure or premises, used
or intended to be used for any dwelling purposes, shall comply with
the provisions of these standards, irrespective of when such a building
shall have been built, altered or repaired.
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.Â
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.Â
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 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 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 Uniform 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
meanings 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 or occupancy of a residential building. Such "accessory
uses" may include, among others, the following:
Offices of the building management.
Dining rooms, banquet rooms, public kitchens and ballrooms.
Recreation and play rooms.
Laundries for the use of tenants and occupants and in connection
with the management and operation of a residential building.
Rooms or space for the incidental sale or display of merchandise
to occupants, such as newspaper, candy and cigar stands.
Maintenance and work shops. Storerooms for linen, 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 Village Board under the regulations of this
chapter.
That space of a building that is partly below grade which
has more than half its height, measured from the floor to ceiling,
above the average curb level or finished grade of the ground adjoining
the building.
Enclosed space containing one or more bathtubs or showers,
or both, and may also contain water closets, lavatories or fixtures
serving similar purposes. (See definition of "toilet room.")
A structure wholly enclosed within exterior 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.
A building containing not more than one dwelling unit occupied
exclusively for residential purposes and not smaller than 750 square
feet.
[Amended 7-16-2018 by L.L. No. 2-2018]
A building containing not more than two dwelling units occupied
exclusively for residential purposes.
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,
at the exterior at the street or grade, including doorways, 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,
and in conformity with the New York State Uniform Fire Prevention
and Building Code and such other codes adopted by the Village of North
Collins.
Natural surface of the ground or surface of the 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 "noninhabitable 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.
Building containing three or more dwelling units.
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, nursing or boarding home not including private or public hospitals or public institutions. (See § 103-4 for certain multiple dwellings not within the scope of this chapter.)
See "multiple dwelling."
The Village of North Collins.
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.")
Any person 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.
Owner or owners of record of the freehold of the premises
or lesser estate therein, a mortgagee or vendee in possession, assignee
of rents, receiver, executor, trustee, lessee or other person, firm
or corporation in control of a building.
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 and 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 industrial wastes and liquids containing
chemicals.
An assembly of materials forming a construction framed of
component 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.
