[HISTORY: Adopted by the Board of Trustees of the Village
of East Aurora 1-7-1985 by L.L. No. 1-1985; amended in its entirety 11-4-2013 by L.L. No.
3-2013. Subsequent amendments noted where applicable.]
A.
Title. These provisions shall be known as the "Property Maintenance
Code of the Village of East Aurora" and shall be cited as such and
will be referred to herein as "this code."
B.
Scope. The provisions of this code shall apply to all existing residential
and nonresidential structures and all premises in the Village of East
Aurora. The provisions contained herein shall constitute minimum requirements
and standards for premises, structures, equipment and facilities for
light, ventilation, space, heating, sanitation, protection from the
elements, life safety, safety from fire and other hazards, and for
safe and sanitary maintenance; the responsibility of owners, operators
and occupants; and the occupancy of existing structures and premises.
C.
Purpose. This code shall be construed to ensure and safeguard public
safety, health and general welfare insofar as they are affected by
the occupancy and maintenance of structures and premises, and to prevent
and remedy blighted conditions with respect to all occupied and unoccupied
structures, buildings and premises. The provisions of this code shall
govern the minimum conditions and the responsibilities of persons
for maintenance of structures, equipment and exterior property.
D.
Responsibility. The owner of premises within the Village of East
Aurora, whether improved, unimproved or vacant, shall maintain the
structures and exterior property in compliance with the provisions
of this code and the Property Maintenance Code of New York State (hereinafter,
referred to in this code as the "State Code"), except as otherwise
provided for in this code. A person shall not occupy as owner-occupant
or permit another person to occupy premises which are not in a sanitary
and safe condition and which do not comply with the requirements of
this code and the State Code. Occupants of a dwelling unit, rooming
unit or housekeeping unit are responsible for keeping in a clean,
sanitary and safe condition that part of the dwelling unit, rooming
unit, housekeeping unit or premises which they occupy and control.
E.
Vacant structures and land. All vacant structures and premises thereof
or vacant land shall be maintained in a clean, safe, secure and sanitary
condition as provided herein so as not to cause a blighting problem
or adversely affect the public safety, health and general welfare.
F.
General. Where, in any specific case, different sections of this
code specify different materials, methods of construction or other
requirements, the most restrictive shall be applicable. Where there
is a conflict between a general requirement and a specific requirement,
the specific requirement shall be applicable.
G.
Referenced standards. The standards referenced in this code shall
be considered part of the requirements of this code to the prescribed
extent of each such reference. Where differences occur between provisions
of this code and referenced standards, the provisions of this code
shall apply.
H.
Application of other codes. Repairs, additions or alterations to
a structure, or changes of occupancy, shall be done in accordance
with the applicable procedures and provisions of the Residential Code
of New York State, the Building Code of New York State, the Plumbing
Code of New York State, the Mechanical Code of New York State, the
Fuel Gas Code of New York State, the Fire Code of New York State,
the Existing Building Code of New York State and/or the Energy Conservation
Construction Code of New York State.
I.
OSHA standards. Nothing in this code shall be construed to relieve
a person from complying with a stricter standard issued pursuant to
the Occupational Safety and Health Act of 1970, as amended.
J.
Change of use or occupancy. No change shall be made in the use or
occupancy of any structure that would place the structure in a different
division of the same group or occupancy or in a different group of
occupancies, unless such structure is made to comply with the requirements
of the Existing Building Code of New York State.
K.
Existing structures. The legal occupancy of any structure existing
on the date of adoption of this code shall be permitted to continue
without change, except as is specifically covered in this code, the
Fire Code of New York State or the Existing Building Code of New York
State.
L.
Historic buildings. Historic building shall conform to requirement
of the Existing Building Code of New York State, Chapter 11, Historic
Buildings.
M.
Existing remedies. The provisions in this code shall not be construed
to abolish or impair existing remedies of the Village of East Aurora
or its officers or agencies relating to the removal or demolition
of any structure which is dangerous, unsafe and/or unsanitary.
A.
Administration and enforcement. This code and the State Code shall
be administered and enforced by the Code Enforcement Official, subject
to the minimum requirements set forth in the "Official Compilation
of Codes Rules and Regulations of the State of New York," 19 NYCRR
Part 1203, "Minimum Standards for Administration and Enforcement."
The powers in this code and the State Code shall be exercised in due
and proper manner so as to extend to the public protections from the
hazards of fire and inadequate building construction. Where the Village
relies upon contracted-for services for the principal part of the
administration and enforcement of this code and the State Code, it
shall satisfy itself that any such provider has qualifications comparable
to those of an individual who has met the requirements of 19 NYCRR
Part 434.
B.
Right of entry. The Code Enforcement Official, or a duly authorized
representative, is authorized to enter the structure or premises to
perform a fire safety and property maintenance inspection subject
to constitutional restrictions on unreasonable searches and seizures.
If entry is refused or not obtained, the Code Enforcement Official
is authorized to pursue recourse as provided by law. The Code Enforcement
Official shall carry proper identification when inspecting structures
or premises in the performance of duties under this code.
C.
Procedure for complaints. The Code Enforcement Official shall review
and investigate each and every bona fide complaint which asserts that
conditions or activities fail to comply with this code, the State
Code, or with local laws or regulations adopted for administration
and enforcement of this code and/or the State Code. The process for
responding to such complaint shall include each of the following steps
deemed appropriate by the Code Enforcement Official or requested by
the Village Board:
(1)
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting in writing the results of such
inspection;
(2)
If a violation is found to exist, providing the owner of the affected premises and any other person who may be responsible for the violation with a written notice of violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in Subsection D of this section;
(3)
Where appropriate, issuing a stop-work order;
(4)
If an owner or owner's agent asserts that a violation has been
abated, corrected or cured, performing an inspection to ensure that
the violation has been abated, corrected or cured, preparing a final
written report reflecting the same, filing such report with the complaint,
and notifying the complainant of same.
D.
Notice of violation.
(1)
Notice to owner or to person or persons responsible. Whenever the Code Enforcement Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed in Subsection D(2) and (3).
(2)
Form. Such notice prescribed in Subsection D(1) shall:
(a)
Be in writing;
(b)
Include a description of the real estate sufficient for identification;
(c)
Include a description of the violation or violations.
(d)
Include a correction order allowing a reasonable time to make
the repairs and improvements required to bring the dwelling unit or
structure into compliance with the provisions of this code; in any
case, the time shall not exceed 14 days from the date of notice; and
(e)
Inform the property owner that in the event that the property
owner fails to correct any violations after the date so noticed in
the notice of violation, the Village reserves the right to enter said
property and abate, correct or cure such violations, and that any
expenses associated with the abatement, correction or cure of said
violations shall be the responsibility of the property owner.
(3)
Method of service. Such notice shall be deemed to be properly served
if a copy thereof is served as follows:
(a)
The notice is delivered personally;
(b)
The notice is sent by certified or registered mail addressed
to the last known address; or
(c)
If the notice is returned showing that the letter was not delivered,
a copy thereof shall be posted in a conspicuous place in or about
the structure affected by such notice.
(d)
Placement of a door hanger.
(4)
Extension of deadlines. Any period of time fixed for performance
hereunder may be extended by the Code Enforcement Official for a period
not exceeding 14 days.
E.
Assessment of expenses. All expenses incurred by the Village in connection
with the abatement, correction or cure of said violation(s) shall
be assessed upon the real property upon which such removal or repairs
are located, shall be a tax lien as defined in the Real Property Law
of the State of New York, and shall be levied and collected in the
same manner as provided for in the Village Law of the State of New
York.
F.
Violations of any of the provisions of this chapter shall be punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both. Each day's continuance of a violation after notice
shall be deemed a separate and distinct violation and shall be punishable
accordingly.
[Amended 9-19-2016 by L.L. No. 3-2016]
G.
Application for judicial relief. Where the construction or use of
a building or structure is in violation of any provision of this code
or the State Code or any lawful order obtained thereunder, a justice
of the Supreme Court at a special term in the judicial district in
which the building is located may order the removal of the building
or an abatement of the condition in violation of such provisions.
An application for such relief may be made by the Secretary of State,
an appropriate municipal officer, or any other person aggrieved by
the violation.
A.
Scope. Unless otherwise expressly stated, the following terms shall,
for the purposes of this code, have the meanings shown in this chapter.
B.
Interchangeability. Words stated in the present tense include the
future; words stated in the masculine gender include the feminine
and neuter; the singular number includes the plural and the plural
the singular.
C.
Terms defined in other codes. Where terms are not defined in this
code or the State Code and are defined in the Building Code of New
York State, Fire Code of New York State, the Plumbing Code of New
York State, the Mechanical Code of New York State, the Fuel Gas Code
of New York State, the Residential Code of New York State, the Energy
Conservation Construction Code of New York State or the Existing Building
Code of New York State, such terms shall have the meanings ascribed
to them as in those codes.
D.
Terms not defined. Where terms are not defined through the methods
authorized by this section, such terms shall have ordinarily accepted
meanings such as the context implies.
E.
Parts. Whenever the words "dwelling unit," "dwelling," "premises,"
"building," "rooming house," "rooming unit," "housekeeping unit" or
"story" are stated in this code, they shall be construed as though
they were followed by the words "or any part thereof."
F.
APPROVED
AREA OF PUBLIC ASSEMBLY
BASEMENT
BATHROOM
BEDROOM
BUILDING
CODE ENFORCEMENT OFFICIAL
CONDEMN
CONSTRUCTION
DWELLING UNIT
EASEMENT
EQUIPMENT
EXTERIOR PROPERTY
EXTERMINATION
GARBAGE
GUARD
HABITABLE SPACE
HOUSEKEEPING UNIT
IMMINENT DANGER
INFESTATION
INOPERABLE MOTOR VEHICLE
LABELED
LET FOR OCCUPANCY or LET
OCCUPANCY
OCCUPANT
OPENABLE AREA
OPERATOR
OWNER
PERSON
PREMISES
PUBLIC WAY
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SLEEPING UNIT
STATE CODE
STOP-WORK ORDER
STRUCTURE
SWIMMING POOL
TENANT
TOILET ROOM
VENTILATION
VILLAGE
VILLAGE BOARD
WEEDS
WORKMANLIKE
YARD
General definitions:
Approved by the Code Enforcement Official.
Includes a building or a portion of a building used for the
gathering together of 50 or more persons for amusement, athletic,
civic, dining, educational, patriotic, political, recreational, religious,
social or similar purposes, the entire fire area of which it is a
part, and the means of egress therefrom.
That portion of a building which is partly or completely
below grade.
A room containing plumbing fixtures including a bathtub or
shower.
Any room or space used or intended to be used for sleeping
purposes in either a dwelling or sleeping unit.
A combination of any materials, whether portable or fixed,
having a roof, to form a structure affording shelter for persons,
animals or property. The term "building" shall also mean "factory-manufactured
home" and "mobile home." The term "building" shall not include a temporary
greenhouse.
The Village of East Aurora's Code Enforcement Officer, or other designated authority charged with the administration and enforcement of this code, as set forth at Chapter 108 of the Village of East Aurora Code, or a duly authorized representative.
To adjudge unfit for occupancy.
The construction, reconstruction, alteration, conversion,
repair, installation of equipment or use of buildings, and requirements
or standards relating to or affecting materials used in connection
therewith, including provisions for safety and sanitary conditions.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
That portion of land or property reserved for present or
future use by a person or agency other than the legal fee owner(s)
of the property. The easement shall be permitted to be for use under,
on or above a lot or lots.
Plumbing, heating, electrical, ventilating, air conditioning,
refrigerating equipment, elevators, dumbwaiters, escalators and other
mechanical additions or installations.
The open space on the premises and on adjoining property
under the control of the owners or operators of such premises.
The control and elimination of insects, rats or other pests
by eliminating their harborage places; by removing or making inaccessible
materials that serve as their food; by poison spraying, fumigating,
trapping; or by any other approved pest elimination methods.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A building component or a system of building components located
at or near the open sides of elevated walking surfaces that minimizes
the possibility of a fall from the walking surface to a lower level.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces,
and similar areas are not considered habitable spaces.
A room or group of rooms forming a single habitable space
equipped and intended to be used for living, sleeping, cooking and
eating which does not contain, within such a unit, a toilet, lavatory
and bathtub or shower.
A condition which could cause serious or life-threatening
injury or death at any time.
The presence within or contiguous to a structure or premises
of insects, rats, vermin or other pests.
A motor vehicle which cannot be driven upon the public streets
for reasons including but not limited to being unlicensed, wrecked,
abandoned, in a state of disrepair, or incapable of being moved under
its own power.
Devices, equipment, appliances, or materials to which have
been affixed a label, seal, symbol or other identifying mark of a
nationally recognized testing laboratory, inspection agency or other
organization concerned with product evaluation that maintains periodic
inspection of the production of the above-labeled items and by which
label the manufacturer attests to compliance with applicable nationally
recognized standards.
To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premises or structure
by a person who is or is not the legal owner of record thereof, pursuant
to a written or unwritten lease, agreement or license, or pursuant
to a recorded or unrecorded agreement of contract for the sale of
land.
The purpose for which a building or portion thereof is utilized
or occupied.
Any individual living or sleeping in a building, or having
possession of a space within a building.
That part of a window, skylight or door which is available
for unobstructed ventilation and which opens directly to the outdoors.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
An individual, corporation, partnership, limited liability
company, or any other group acting as a unit.
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
Any street, alley or similar parcel of land essentially unobstructed
from the ground to the sky, which is deeded, dedicated or otherwise
permanently appropriated to the public for public use.
A building arranged or occupied for lodging, with or without
meals, for compensation, and not occupied as a one- or two-family
dwelling.
Any room or group of rooms forming a single habitable unit
occupied or intended to be occupied for sleeping or living, but not
for cooking purposes.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials; this term shall also include discarded, abandoned or stored
refrigerators.
A room or space in which people sleep, which can also include
permanent provisions for living, eating and either sanitation or kitchen
facilities, but not both. Such rooms and spaces that are also part
of a dwelling unit are not sleeping units.
For the purposes of this code, the most current version of
the Property Maintenance Code of New York State.
A stop-work order shall be used by the Code Enforcement Official,
or a duly authorized representative, to halt work that is determined
to be contrary to provisions of this code or the State Code, or is
being conducted in a dangerous or unsafe manner, or is being performed
without obtaining a required permit. A stop-work order shall state
the reason for its issuance and the conditions which must be satisfied
before work will be permitted to resume. (See 19 NYCRR 1203.3(c).)
That which is built or constructed, or a portion thereof.
Any structure, basin, chamber or tank which is intended for
swimming, diving, recreational bathing or wading and which contains,
is designed to contain, or is capable of containing, water more than
24 inches (610 mm) deep at any point. This includes in-ground, aboveground
and on-ground pools; indoor pools; hot tubs; spas; and fixed-in-place
wading pools.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
A room containing a water closet or urinal but not a bathtub
or shower.
The natural or mechanical process of supplying conditioned
or unconditioned air to, or removing such air from, any space.
The Village of East Aurora, New York.
The Village Board of Trustees of the Village of East Aurora,
New York.
All grasses, annual plants and vegetation, other than trees
or shrubs; provided, however, that this term shall not include cultivated
flowers and gardens.
Executed in a skilled manner; e.g., generally plumb, level,
square, in line, undamaged and without marring adjacent work.
An open space on the same lot with a structure.
A.
Sanitation. All exterior property and premises shall be maintained
in a clean, safe and sanitary condition. The occupant shall keep that
part of the exterior property which such occupant occupies or controls
in a clean and sanitary condition.
B.
Grading and drainage. All premises shall be graded and maintained
to prevent the erosion of soil and to prevent the accumulation of
stagnant water thereon, or within any structure located thereon. Exception:
approved retention areas and reservoirs.
C.
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways,
parking spaces and similar areas shall be kept in a proper state of
repair, and maintained free from hazardous conditions.
D.
Off-street parking lots.
(1)
Whenever a person, firm or corporation performs the following work
in an off-street parking lot, within a six-month period of time, the
design of designated accessible parking shall be in accordance with
the requirements of the Building Code of New York State Section 1106
and the design features found in this section:
(a)
Repave or repaint more than 1/2 of the total number of parking
spaces in an off-street parking lot, which contains designated accessible
parking spaces.
(b)
Creates designated accessible parking spaces in an off-street
parking lot.
(c)
Repave or repaint more than one half of the total number of
designated accessible parking spaces in an off-street parking lot.
(2)
Designated accessible parking spaces shall incorporate the following
design features:
(a)
Spaces.
[1]
The parking space shall be 96 inches (2,438 millimeters) wide
minimum and shall have an adjacent access aisle of 96 inches (2,438
millimeters) wide minimum.
[2]
Two parking spaces shall be permitted to share a common access
aisle.
[3]
Access aisles shall extend the full length of the parking space
they serve and shall have a surface slope not steeper than 1:48.
(b)
Signage.
[1]
Each accessible parking space shall be provided with signage
displaying the international symbol of accessibility.
[2]
Each access aisle shall be provided with signage reading "No
Parking Anytime." Signs shall be permanently installed at a clear
height of between 60 inches (1,525 millimeters) and 84 inches (2,185
millimeters) above grade and shall not interfere with an accessible
route from an access aisle.
E.
Weeds. All premises and immediate exterior property shall be maintained
free from weeds or plant growth in excess of 10 inches (254 millimeters).
All noxious weeds shall be prohibited.
F.
Rodent harborage. All structures and exterior property shall be kept
free from rodent harborage and infestation. Where rodents are found,
they shall be promptly exterminated by approved processes which will
not be injurious to human health. After extermination, proper precautions
shall be taken to eliminate rodent harborage and prevent reinfestation.
G.
Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not
discharge gases, steam, vapor, hot air, grease, smoke, odors or other
gaseous or particulate wastes directly upon abutting or adjacent public
or private property or that of another tenant.
H.
Accessory structures. All accessory structures, including detached
garages, fences and walls, shall be maintained structurally sound
and in good repair.
I.
Storage within enclosed buildings. Every owner shall keep or store
property or possessions within a completely enclosed building except
as follows:
(1)
Construction material for permitted construction or repairs.
(2)
Material or products for sale to the public when listed as a permitted use under Chapter 285 of the Village Code.
(3)
Regularly used lawn, garden and recreational equipment.
(5)
Motor vehicles, properly inspected, insured and licensed so as to
be legally used on the public highway.
A.
General. The exterior of a structure shall be maintained in good
repair, structurally sound and sanitary so as not to pose a threat
to the public health, safety or welfare.
B.
Protective treatment. All exterior surfaces, including, but not limited
to, doors, door and window frames, cornices, porches, trim, balconies,
decks and fences shall be maintained in good condition. Exterior wood
surfaces, other than decay-resistant woods, shall be protected from
the elements and decay by painting or other protective covering or
treatment. Peeling, flaking and chipped paint shall be eliminated
and surfaces repainted. In addition to requirements of this code,
40 CFR 745 (titled "Lead-based Paint Poisoning Prevention in Certain
Residential Structures"), a regulation issued and enforced by the
Federal Environmental Protection Agency, applies to certain activities
in buildings that may contain lead-based paint, including renovations
performed for compensation in "target housing" and "child-occupied
facilities," "abatement" of lead-based paint hazards and other "lead-based
paint activities" (as those terms are defined in 40 CFR Part 745).
All siding and masonry joints as well as those between the building
envelope and the perimeter of windows, doors, and skylights shall
be maintained weather resistant and watertight. All metal surfaces
subject to rust or corrosion shall be coated to inhibit such rust
and corrosion and all surfaces with rust or corrosion shall be stabilized
and coated to inhibit future rust and corrosion. Oxidation stains
shall be removed from exterior surfaces. Surfaces designed for stabilization
by oxidation are exempt from this requirement.
C.
Premises identification. Buildings shall have approved address numbers
placed in a position to be plainly legible and visible from the street
or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters.
Numbers shall be a minimum of four inches (102 millimeters) high with
a minimum stroke width of 0.5 inch (12.7 millimeters). Exception:
Buildings identified under an addressing scheme as part of a countywide
911 numbering system.
D.
Structural members. All structural members shall be maintained free
from deterioration, and shall be capable of safely supporting the
imposed dead and live loads.
E.
Foundation walls. All foundation walls shall be maintained plumb
and free from open cracks and breaks and shall be kept in such condition
so as to prevent the entry of rodents and other pests.
F.
Exterior walls. All exterior walls shall be free from holes, breaks,
and loose or rotting materials; and maintained weatherproof and properly
surface coated where required to prevent deterioration.
G.
Roofs and drainage. The roof and flashing shall be sound, tight and
not have defects that admit rain. Roof drainage shall be adequate
to prevent dampness or deterioration in the walls or interior portion
of the structure. Roof drains, gutters and downspouts shall be maintained
in good repair and free from obstructions. Roof water shall not be
discharged in a manner that creates a public nuisance.
H.
Decorative features. All cornices, belt courses, corbels, terra cotta
trim, wall facings and similar decorative features shall be maintained
in good repair with proper anchorage and in a safe condition.
I.
Overhang extensions. All overhang extensions, including, but not
limited to canopies, marquees, signs, metal awnings, fire escapes,
standpipes and exhaust ducts, shall be maintained in good repair and
be properly anchored so as to be kept in a sound condition. When required,
all exposed surfaces of metal or wood shall be protected from the
elements and against decay or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
J.
Stairways, decks, porches and balconies. Every exterior stairway,
deck, porch and balcony, and all appurtenances attached thereto, shall
be maintained structurally sound, in good repair, with proper anchorage
and capable of supporting the imposed loads.
K.
Chimneys and towers. All chimneys, cooling towers, smoke stacks,
and similar appurtenances shall be maintained structurally safe and
sound, and in good repair. All exposed surfaces of metal or wood shall
be protected from the elements and against decay or rust by periodic
application of weather-coating materials, such as paint or similar
surface treatment.
L.
Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained
in good condition.
M.
Window, skylight and door frames. Every window, skylight, door and
frame shall be kept in sound condition, good repair and weather tight.
N.
Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with § 192-20B(3).
O.
Basement hatchways. Every basement hatchway shall be maintained to
prevent the entrance of rodents, rain and surface drainage water.
P.
Guards for basement windows. Every basement window that is openable
shall be supplied with rodent shields, storm windows or other approved
protection against the entry of rodents.
A.
General. The interior of a structure and equipment therein shall
be maintained in good repair, structurally sound and in a sanitary
condition. Occupants shall keep that part of the structure which they
occupy or control in a clean and sanitary condition. Every owner of
a structure containing a rooming house, housekeeping units, a hotel,
a dormitory, two or more dwelling units or two or more nonresidential
occupancies shall maintain, in a clean and sanitary condition, the
shared or public areas of the structure and exterior property.
B.
Structural members. All structural members shall be maintained structurally
sound, and be capable of supporting the imposed loads.
C.
Interior surfaces. All interior surfaces, including windows and doors,
shall be maintained in good, clean and sanitary condition. Peeling,
chipping, flaking or abraded paint shall be repaired, removed or covered.
In addition to requirements of this code, 40 CFR 745 (titled "Lead-based
Paint Poisoning Prevention in Certain Residential Structures"), a
regulation issued and enforced by the Federal Environmental Protection
Agency, applies to certain activities in buildings that may contain
lead-based paint, including renovations performed for compensation
in "target housing" and "child-occupied facilities," "abatement" of
lead-based paint hazards and other "lead-based paint activities" (as
those terms are defined in 40 CFR Part 745). Cracked or loose plaster,
decayed wood and other defective surface conditions shall be corrected.
D.
Stairs and walking surfaces. Every stair, ramp, landing, balcony,
porch, deck or other walking surface shall be maintained in sound
condition and good repair.
E.
Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained
in good condition.
F.
Interior doors. Every interior door shall fit reasonably well within
its frame and shall be capable of being opened and closed by being
properly and securely attached to jambs, headers or tracks as intended
by the manufacturer of the attachment hardware.
See the Property Maintenance Code of New York State, Section
306.
A.
Accumulation of rubbish or garbage. All exterior property and premises,
and the interior of every structure, shall be free from any accumulation
of rubbish or garbage.
(1)
Dry vegetation, combustible waste and refuse. Combustible waste,
refuse and large quantities of dry vegetation which by reason of their
proximity to buildings or structures would constitute a fire hazard
or contribute to the spread of fire shall be removed.
B.
Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. See Chapter 214, Solid Waste, of the Code of the Village of East Aurora.
(1)
Rubbish storage facilities. The owner of every occupied premises
shall supply approved covered containers for rubbish, and the owner
of the premises shall be responsible for the removal of rubbish.
(2)
Refrigerators. Refrigerators and similar equipment shall not be discarded,
abandoned or stored on premises accessible to children without first
removing the doors.
C.
Disposal of garbage. Every occupant of a structure shall dispose
of garbage in a clean and sanitary manner by placing such garbage
in an approved garbage disposal facility or approved garbage containers.
(1)
Garbage facilities. The owner of every dwelling shall supply one
of the following: an approved mechanical food waste grinder in each
dwelling unit; an approved incinerator unit in the structure available
to the occupants in each dwelling unit; or an approved leakproof,
covered, outside garbage container.
(2)
Containers. The operator of every establishment producing garbage
shall provide, and at all times cause to be utilized, approved leakproof
containers provided with close-fitting covers for the storage of such
materials until removed from the premises for disposal.
A.
Infestation. All structures shall be kept free from insect and rodent
infestation. All structures in which insects or rodents are found
shall be promptly exterminated by approved processes that will not
be injurious to human health. After extermination, proper precautions
shall be taken to prevent reinfestation.
B.
Owner. The owner of any structure shall be responsible for extermination
within the structure prior to renting or leasing the structure.
C.
Single occupant. The occupant of a one-family dwelling or of a single-tenant
nonresidential structure shall be responsible for extermination on
the premises.
D.
Multiple occupancy. The owner of a structure containing two or more
dwelling units, a multiple occupancy, a rooming house or a nonresidential
structure shall be responsible for extermination in the public or
shared areas of the structure and exterior property. If infestation
is caused by failure of an occupant to prevent such infestation in
the area occupied, the occupant shall be responsible for extermination.
E.
Occupant. The occupant of any structure shall be responsible for
the continued rodent and pest-free condition of the structure. Exception:
Where the infestations are caused by defects in the structure, the
owner shall be responsible for extermination.
See the Property Maintenance Code of New York State, Section
103.
See the Property Maintenance Code of New York State, Section
104.
See the Property Maintenance Code of New York State, Section
105.
See the Property Maintenance Code of New York State, Section
106.
See the Property Maintenance Code of New York State, Section 107; and Chapter 113, Unsafe Buildings, of the Code of the Village of East Aurora.
See the Property Maintenance Code of New York State, Section
108.
A.
Swimming pools. Swimming pools shall be maintained in a clean and
sanitary condition, and in good repair.
B.
Enclosures. The provisions of this section shall control the design
of barriers for residential swimming pools, spas and hot tubs. For
public swimming pools, spas and hot tubs refer to Chapter 31 of the
Building Code of New York State. Design controls are intended to provide
protection against potential drownings and near-drownings by restricting
access to swimming pools, spas and hot tubs. Exception: Spas or hot
tubs with a safety cover that complies with ASTM F 1346 shall be exempt
from the provisions of this section.
C.
Outdoor swimming pools. An outdoor swimming pool, including an in-ground,
aboveground or on-ground pool, hot tub or spa, shall be provided with
a barrier which shall comply with the following:
(1)
The top of the barrier shall be at least 48 inches (1,219 millimeters)
above grade measured on the side of the barrier which faces away from
the swimming pool. The maximum vertical clearance between grade and
the bottom of the barrier shall be two inches (51 millimeters), measured
on the side of the barrier which faces away from the swimming pool.
Where the top of the pool structure is above grade, such as an aboveground
pool, the barrier may be at ground level, such as the pool structure,
or mounted on top of the pool structure. Where the barrier is mounted
on top of the pool structure, the maximum vertical clearance between
the top of the pool structure and the bottom of the barrier shall
be four inches (102 millimeters).
(2)
Openings in the barrier shall not allow passage of a four-inch-diameter
(one-hundred–two-millimeter) sphere.
(3)
Solid barriers which do not have openings, such as a masonry or stone
wall, shall not contain indentations or protrusions except for normal
construction tolerances and tooled masonry joints.
(4)
Where the barrier is composed of horizontal and vertical members
and the distance between the tops of the horizontal members is less
than 45 inches (1,143 millimeters), the horizontal members shall be
located on the swimming pool side of the fence. Spacing between vertical
members shall not exceed 1.75 inches (44 millimeters) in width. Where
there are decorative cutouts within vertical members, spacing within
the cutouts shall not exceed 1.75 inches (44 millimeters) in width.
(5)
Where the barrier is composed of horizontal and vertical members
and the distance between the tops of the horizontal members is 45
inches (1,143 millimeters) or more, spacing between vertical members
shall not exceed four inches (102 millimeters). Where there are decorative
cutouts within vertical members, spacing within the cutouts shall
not exceed 1.75 inches (44 millimeters) in width.
(6)
Maximum mesh size for chain link fences shall be a two-and-one-quarter-inch
(thirty-two-millimeters) square unless the fence is provided with
slats fastened at the top or the bottom which reduce the openings
to not more than 1.75 inches (44 millimeters).
(7)
Where the barrier is composed of diagonal members, such as a lattice
fence, the maximum opening formed by the diagonal members shall not
be more than 1.75 inches (44 millimeters).
(8)
Access gates shall comply with the requirements of Subsection C(1) through (7) and shall be securely locked with a key, combination or other childproof lock sufficient to prevent access to the swimming pool through such gate when the swimming pool is not in use or supervised. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches (1,372 millimeters) from the bottom of the gate, the release mechanism and openings shall comply with the following:
(9)
Where a wall of a dwelling serves as part of the barrier one of the
following conditions shall be met:
(a)
The pool shall be equipped with a powered safety cover in compliance
with ASTM F 1346; or
(b)
All doors with direct access to the pool through that wall shall
be equipped with an alarm which produces an audible warning when the
door and/or its screen, if present, are opened. The alarm shall be
listed in accordance with UL 2017. The audible alarm shall activate
within seven seconds and sound continuously for a minimum of 30 seconds
immediately after the door and/or its screen, if present, are opened
and be capable of being heard throughout the house during normal household
activities. The alarm shall automatically reset under all conditions.
The alarm system shall be equipped with a manual means, such as touch
pad or switch, to temporarily deactivate the alarm for a single opening.
Deactivation shall last for not more than 15 seconds. The deactivation
switch(es) shall be located at least 54 inches (1,372 millimeters)
above the threshold of the door; or
(10)
Where an aboveground pool structure is used as a barrier or
where the barrier is mounted on top of the pool structure, and the
means of access is a ladder or steps, then:
(a)
The ladder or steps shall be capable of being secured, locked
or removed to prevent access; or
(b)
The ladder or steps shall be surrounded by a barrier which meets the requirements of § 192-16C(1) through (9). When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a four-inch-diameter (one-hundred-two-millimeter) sphere.
D.
Indoor swimming pool. All walls surrounding an indoor swimming pool shall comply with Subsection C(9).
E.
Prohibited locations. Barriers shall be located so as to prohibit
permanent structures, equipment or similar objects from being used
to climb the barriers.
F.
Swimming pool and spa alarms. Spas or hot tubs with a safety cover
which complies with ASTM F 1346 shall be exempt from the provisions
of this section.
(1)
Applicability. A swimming pool or spa installed, constructed or substantially
modified after December 14, 2006, shall be equipped with an approved
pool alarm.
(3)
Pool alarms shall comply with ASTM F 2208 and shall be installed,
used and maintained in accordance with the manufacturer's instructions
and this section.
(4)
Multiple alarms. A pool alarm must be capable of detecting entry
into the water at any point on the surface of the swimming pool. If
necessary to provide detection capability at every point on the surface
of the swimming pool, more than one pool alarm shall be provided.
(5)
Alarm activation. Pool alarms shall activate upon detecting entry
into the water and shall sound poolside and inside the dwelling.
(6)
Prohibited alarms. The use of personal immersion alarms shall not
be construed as compliance with this section.
G.
Temporary barriers. An outdoor swimming pool, including an in-ground, aboveground or on-ground pool, hot tub or spa, shall be surrounded by a temporary barrier during installation or construction, which shall remain in place until a permanent barrier in compliance with Subsection C is provided. Exceptions:
(1)
Aboveground or on-ground pools where the pool structure is the barrier in compliance with Subsection C.
(2)
Spas or hot tubs with a safety cover which complies with ASTM F 1346,
provided that such safety cover is in place during the period of installation
or construction of such hot tub or spa. The temporary removal of a
safety cover as required to facilitate the installation or construction
of a hot tub or spa during periods when at least one person engaged
in the installation or construction is present is permitted.
(3)
Height. The top of the temporary barrier shall be at least 48 inches
(1,219 millimeters) above grade measured on the side of the barrier
which faces away from the swimming pool.
(4)
Replacement by a permanent barrier.
(a)
A temporary barrier shall be replaced by a complying permanent
barrier within either of the following periods:
(b)
Replacement extension. Subject to the approval of the Code Enforcement
Official, the time period for completion of the permanent barrier
may be extended for good cause, including, but not limited to, adverse
weather conditions delaying construction.
H.
Entrapment protection for swimming pools and spas. Swimming pools
and spas shall maintain body entrapment protections for suction outlets
in accordance with the Building Code of New York State or the Residential
Code of New York State, as applicable.
See the Property Maintenance Code of New York State, Chapter
4.
See the Property Maintenance Code of New York State, Chapter 5.
See the Property Maintenance Code of New York State, Chapter
6.
A.
General.
(1)
Scope. The provisions of this section shall govern the minimum conditions
and standards for firesafety relating to structures and exterior premises,
including firesafety facilities and equipment to be provided.
(2)
Responsibility. The owner of the premises shall provide and maintain
such firesafety facilities and equipment in compliance with these
requirements. A person shall not occupy as owner-occupant or permit
another person to occupy any premises that do not comply with the
requirements of this section.
B.
Means of egress.
(1)
General. A safe, continuous and unobstructed path of travel shall
be provided from any point in a building or structure to the public
way. Means of egress shall comply with the Fire Code of New York State.
(2)
Aisles. The required width of aisles in accordance with the Fire
Code of New York State shall be unobstructed.
(3)
Locked doors. All means of egress doors shall be readily openable
from the side from which egress is to be made without the need for
keys, special knowledge or effort, except where the door hardware
conforms to that permitted by the Fire Code of New York State.
(4)
Emergency escape openings. Required emergency escape openings shall
be maintained in accordance with the code in effect at the time of
construction, and the following. Required emergency escape and rescue
openings shall be operational from the inside of the room without
the use of keys or tools. Bars, grilles, grates or similar devices
are permitted to be placed over emergency escape and rescue openings,
provided the minimum net clear opening size complies with the code
that was in effect at the time of construction and such devices shall
be releasable or removable from the inside without the use of a key,
tool or force greater than that which is required for normal operation
of the escape and rescue opening.
C.
Fire-resistance ratings.
(1)
Fire-resistance-rated assemblies. The required fire-resistance rating
of fire-resistance-rated walls, fire stops, shaft enclosures, partitions
and floors shall be maintained.
(2)
Opening protectives. Required opening protectives shall be maintained
in an operative condition. All fire and smoke stop doors shall be
maintained in operable condition. Fire doors and smoke barrier doors
shall not be blocked or obstructed or otherwise made inoperable.
D.
Fire protection systems.
(1)
General. All systems, devices and equipment to detect a fire, actuate
an alarm, or suppress or control a fire or any combination thereof
shall be maintained in an operable condition at all times in accordance
with the Fire Code of New York State.
(2)
Smoke alarms.
(a)
Single- or multiple-station smoke alarms shall be installed
and maintained in Groups R-2, R-3, and R-4 and in dwellings regulated
by the Residential Code of New York State, regardless of occupant
load, at all of the following locations:
[1]
On the ceiling or wall outside of each separate sleeping area
in the immediate vicinity of bedrooms.
[2]
In each room used for sleeping purposes.
[3]
In each story within a dwelling unit, including basements but
not including crawl spaces and uninhabitable attics. In dwellings
or dwelling units with split levels and without an intervening door
between the adjacent levels, a smoke alarm installed on the upper
level shall suffice for the adjacent lower level, provided that the
lower level is less than one full story below the upper level.
(b)
Single- or multiple-station smoke alarms shall be installed
in other groups, including Group R-1 and I-1, in accordance with the
Fire Code of New York State.
(c)
Exception: Group R-2 occupancies used as dormitories, fraternities,
sororities and similar student housing and meeting the requirements
of the Fire Code of New York State, Section 907.2.9.1.
(3)
Power source.
(a)
In Group R occupancies and in dwellings not regulated as Group
R occupancies, single-station smoke alarms shall receive their primary
power from the building wiring, provided that such wiring is served
from a commercial source, or an on-site electrical power system, and
shall be equipped with a battery backup. Smoke alarms shall emit a
signal when the batteries are low. Wiring shall be permanent and without
a disconnecting switch other than as required for over current protection.
(b)
Exception: Smoke alarms are permitted to be solely battery operated
in buildings where no construction is taking place, buildings that
are not served from a commercial power source, or an on-site electrical
power system, and in existing areas of buildings undergoing alterations
or repairs that do not result in the removal of interior wall or ceiling
finishes.
(4)
Interconnection.
(a)
Where more than one smoke alarm is required to be installed
within an individual dwelling unit in Group R occupancies and in dwellings
not regulated as Group R occupancies, the smoke alarms shall be interconnected
in such a manner that the activation of one alarm will activate all
of the alarms in the individual unit. The alarm shall be clearly audible
in all bedrooms over background noise levels with all intervening
doors closed.
(b)
Exceptions:
[1]
Interconnection is not required in buildings which are not undergoing
alterations, repairs, or construction of any kind.
[2]
Smoke alarms in existing areas are not required to be interconnected
where alterations or repairs do not result in the removal of interior
wall or ceiling finishes exposing the structure.
[3]
Smoke alarms shall not be required to be interconnected where
battery-operated alarms are permitted.
E.
Carbon monoxide alarms. Carbon monoxide alarms and detectors shall
comply with the Fire Code of New York State.
The standards that are referenced in various sections of this
code are listed by the agency promulgating the standard, the standard
identification, the effective date and title, and the section or sections
of the Property Maintenance Code of New York State that reference
the standard, at Chapter 8 (Referenced Standards) of the Property
Maintenance Code of New York.
The provisions of this chapter shall be effective upon filing
with the office of the Department of State.
