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City of Jamestown, NY
Chautauqua County
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Table of Contents
Table of Contents
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This chapter shall be known as the "Property Rehabilitation and Conservation Code" and shall be applicable to residential, nonresidential, commercial and industrial buildings, structures or vacant areas and combinations thereof.
The purpose of this Part 1 is to provide basic and uniform standards, in terms of performance objectives implemented by specific requirements, governing the condition, occupancy and maintenance of residential, nonresidential, commercial and industrial buildings, structures or vacant areas and combinations thereof and to establish reasonable safeguards for the safety, health and welfare of the occupants and users thereof.
A. 
Scope. This Part 1 shall apply to premises as follows:
(1) 
Lots, plots or parcels of land which are vacant or upon which buildings used for dwellings, mixed occupancy, commercial, industrial or storage uses, whether occupied or vacant, are located.
(2) 
Residential buildings, including private dwellings and multiple dwellings, unless specifically excluded.
(3) 
Buildings of mixed occupancy, occupied in whole or in part.
(4) 
Commercial, industrial and storage buildings.
(5) 
Vacant residential, mixed occupancy, commercial, industrial and storage buildings.
(6) 
Residential, mixed occupancy, commercial, industrial and storage buildings which are under construction or demolition, including buildings not completed to the extent that a nuisance or practice exists or is being carried out which is a disturbance to the public health, safety or welfare.
(7) 
Accessory structures of dwellings, commercial, industrial or vacant buildings.
B. 
Nonapplicability. There shall be excluded from the building space and/or equipment requirements of this Part 1 application to hospitals, nursing homes, educational facilities and similar structures and premises to which, and to the extent to which, existing or superseding federal, state or county standards shall apply.
A. 
The provisions of this Part 1 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 Part 1, 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 Part 1, and such more restrictive requirement or higher standard shall govern during the period in which it is in effect.
B. 
Where a provision of this Part 1 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,[1] or regulation adopted pursuant thereto or other local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.
[1]
Editor's Note: See Ch. 300, Zoning; Ch. 140, Fire Prevention and Building Construction; Ch. 131, Electrical Standards; Ch. 210, Plumbing; and Ch. 240, Sewers, for example.
[Amended 8-10-1992 by L.L. No. 2-1992]
Installations, alterations and repairs to buildings and structures and the materials, assemblies and equipment utilized in connection therewith shall be reasonably safe to persons and property and in conformity with applicable statutes and codes of the State of New York and the City of Jamestown and orders, rules and regulations issued by the authority thereof. Conformity of such work, materials, assemblies or equipment to 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.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure the use of which is incidental to that of the main building and which is located on the same premises.
ACCESSORY USE
A use, occupancy or tenancy customarily incidental to the principal use or occupancy of a building. In a multiple dwelling, such accessory uses may include, among others, the following:
(1) 
Offices for the building management.
(2) 
Dining rooms, banquet rooms, public kitchens and ballrooms.
(3) 
Recreation and play rooms.
(4) 
Laundries for the use of tenants and occupants and in connection with the management and operation of a building.
(5) 
Maintenance and work shops, and storage rooms for linen, bedding, furniture, supplies and tenants' equipment and effects.
(6) 
Rooms or space for the incidental sale or display of merchandise to occupants and tenants, such as newspaper, candy and cigar stands.
(7) 
Garages within a building or on the premises thereof used primarily for the storage of passenger-type motor vehicles.
AGENT
A person, partnership, corporation or other entity designated by the owner of the premises to manage, operate or otherwise exert controlling influence over the premises on behalf of the owner. For purposes of this section, a lodging house operator shall be deemed to be an agent of the owner, and an individual who reasonably appears to have authority to act for another whether actual authority has been conferred (e.g., collects rents without any designation) shall be deemed to be an agent of the owner. An agent shall accept service of process for any violation of this chapter.
[Amended 3-19-2007]
ALTERATION
As applied to buildings or structures, a change or rearrangement of the structural parts or in the exit facilities, or an enlargement, whether by extending on the side or by increasing in height, or the moving from one location or position to another. The term "alter" in its various modes and tenses and its participial forms refers to the making of an alteration.
APARTMENT or SUITE
A room or suite of two or more rooms occupied or intended to be occupied as the home or residence of an individual, family or household.
APPROVED
Adjudged satisfactory by the administrative officer pursuant to the regulations of this chapter, by an authority designated by law or this chapter or, when used in connection with materials, appliances, equipment or devices, by a testing agency recognized under the New York State Uniform Fire Prevention and Building Code.
BASEMENT
That space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.
BATHROOM
An enclosed space containing one or more bathtubs or showers, or both, and which may also contain water closets, lavatories or fixtures serving similar purposes. See definition of "toilet room."
BUILDING
A structure wholly or partially enclosed within exterior walls, or within exterior or party walls, and a roof, affording shelter to persons, animals or property.
BUILDING PERMIT
A permit issued pursuant to § 215-49 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
[Added 3-19-2007]
CELLAR
That space of a building that is partly or entirely below grade and 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.
CERTIFICATE OF OCCUPANY/CERTIFICATE OF COMPLIANCE
A certificate issued pursuant to § 215-52 of this chapter.
[Added 3-19-2007]
CODE ENFORCEMENT PERSONNEL
The Building and Zoning Code Enforcement Officer, Rehab and Code Enforcement Officer and Target Area Code Enforcement Officer, all appointed by the Director of Development and all inspectors (including but not limited to the Plumbing Inspector, Electrical Inspector and Fire Inspector).
[Added 3-19-2007]
COURT
An open, uncovered, unoccupied space surrounded on all sides by the exterior walls of a building or structure or by such walls and an interior lot line of the same premises.
DEPARTMENT
The Department of Development of the City of Jamestown.
DWELLING, ONE-FAMILY
A building containing not more than one dwelling unit occupied exclusively for residential purposes.
DWELLING, TWO-FAMILY
A building containing not more than two dwelling units occupied exclusively for residential purposes.
ENERGY CODE
The State Energy Conservation Construction Code as currently in effect and as hereafter amended from time to time.
[Added 3-19-2007]
EXIT
That portion of the way of departure from the interior of a building or structure to the exterior at street or grade level accessible to a street, consisting of:
(1) 
Corridors, stairways and lobbies enclosed in construction having a fire-resistance rating, including the door opening thereto from a habitable, assembly or occupied space;
(2) 
An interior stairway;
(3) 
A horizontal exit;
(4) 
A door to the exterior at grade; or
(5) 
An exterior stairway or ramp.
FAMILY
One or more persons living together in one dwelling unit and maintaining a common household, including domestic servants and gratuitous guests, together with boarders, roomers or lodgers not in excess of the number allowed by this Code as an accessory use.
[Added 8-10-1992 by L.L. No. 2-1992]
FIXED WINDOW
A window whose sash is designed and intended by the manufacturer of the unit to not open.
GARBAGE
All putrescible animal or vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
GENERALLY ACCEPTED STANDARDS
Those specifications, codes, rules, guides or procedures in the field of construction and fire prevention as specified in Chapter G of the New York State Fire Prevention and Building Code.
GRADE, FINISHED
The natural surface of the ground, or surface of the ground after completion of any change in contour, abutting the building or the premises.
HABITABLE SPACE
Space occupied by one or more persons for living, sleeping, eating or cooking. Kitchenettes shall not be deemed to be habitable space. See definitions of "nonhabitable space," "public space" and "exit."
HAZARD
A condition which bears a high potential for harm to the health or safety of an individual or property.
INFESTATION
The presence, within or contiguous to a building, of insects, rodents, vermin or other pests.
INSPECTOR
An inspector (including but not limited to the Plumbing Inspector, Electrical Inspector and Fire Inspector) appointed pursuant to § 215-48 of this chapter.
[Added 3-19-2007]
KITCHEN
Space, 60 square feet or more in floor area, with a minimum width of five feet, used for cooking or the preparation of food.
KITCHENETTE
Space, less than 60 square feet in floor area, used for cooking or the preparation of food.
LEGAL OPEN SPACE
Open space on the premises, such as yards or courts, or an open space at least 25 feet wide permanently dedicated to the public use which abuts the premises.
LODGING HOUSE
A multiple dwelling used primarily for the purpose of furnishing lodging, with or without meals, for compensation.
LODGING UNIT
A room or group of rooms forming a single habitable unit used or intended to be used for lodging.
MIXED OCCUPANCY
Occupancy of a building in part for residential use and in part for some other use not accessory thereto.
MULTIPLE DWELLING
(1) 
A building containing three or more dwelling units.
(2) 
A 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.
(3) 
A 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.
(4) 
A building with sleeping accommodations for more than five persons used or occupied as a club, dormitory or fraternity or sorority house or for similar uses.
(5) 
A building used or occupied as a convalescent, old-age or nursing home, but not including private or public hospitals or public institutions.
MULTIPLE RESIDENCE
See definition of "multiple dwelling."
MUNICIPALITY
A city, town or village.
NONHABITABLE SPACE
Space used as kitchenettes and 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."
NOTICE OF VIOLATION
A notice issued by code enforcement personnel pursuant to § 215-61 of this chapter.
[Added 3-19-2007]
OCCUPANT
Any person, including the owner or operator, living and sleeping in a dwelling unit or having actual possession of said dwelling or rooming unit.
OPERATING PERMIT
A permit issued pursuant to § 215-55 of this chapter. The term "operating permit" shall also include an operating permit that is renewed, amended or extended pursuant to any provision of this chapter.
[Added 3-19-2007]
OPERATOR
Any person who has the charge, care or control of a structure in which dwelling units or rooming units are let or offered for occupancy.
OVERCROWDED
A condition in which a structure exceeds, in part or whole, its designed occupant load as described in this chapter and the New York State Uniform Fire Prevention and Building Code.
OWNER
The owner or owners of the freehold of the premises or lessor of the estate therein, a mortgagee or vendee in possession, an assignee of rents, a receiver, executor, trustee, lessee or other person, firm or corporation in control of a building or their duly authorized agents.
PERMIT HOLDER
The person to whom a building permit has been issued.
[Added 3-19-2007]
PERSON
An individual, corporation, limited-liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
[Added 3-19-2007]
PLUMBING SYSTEM
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.
POTABLE WATER
Water which is approved for drinking, culinary and domestic purposes.
PUBLIC SPACE
Space within a residential building for public use, such as lobbies, hallways, lounges, reception halls, meeting, lecture and recreation rooms, banquet and dining rooms and their kitchens and swimming pools.
REFUSE
All cardboard, plastic, metal or glass containers, wastepaper, rags, sweepings, small pieces of wood, excelsior, rubber, leather and similar waste material that accumulates around a home, business or industry.
RESPONSIBLE PERSON
Any individual, or any corporation, partnership or association and individual members thereof, who is the owner, lessor, designated agent, tenant, lessee or person possessing fiduciary responsibility for real property to which the provisions of this chapter apply, or any combination thereof, jointly and severally.
SERVICE FACILITY
Any system used by an occupant, installed and in operating condition on said premises, that aids and/or supplies any approved form of heating fuel by code standard, gas, electricity or water to a dwelling.
SEWAGE
Liquid waste containing animal or vegetable matter in suspension or solution, and which may include industrial wastes and liquids containing chemicals.
STOP-WORK ORDER
An order issued pursuant to § 215-51 of this chapter.
[Added 3-19-2007]
STRUCTURE
An assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings.
TEMPORARY CERTIFICATE
A certificate issued pursuant to § 215-52D of this chapter.
[Added 3-19-2007]
TOILET ROOM
An 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."
UNFIT PREMISES
(1) 
Structures lacking ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public.
(2) 
Structures or premises which are damaged, decayed, dilapidated, unsanitary, unsafe or infested in such a manner as to create a hazard to the health and safety of the occupants or the public.
(3) 
Structures or premises which because of the location, general condition, state of the premises or number of occupants are unsanitary, unsafe and overcrowded or are otherwise detrimental to health and safety that a hazard to the occupant or the public is created.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code as currently in effect and as hereafter amended from time to time.
[Added 3-19-2007]
UNOCCUPIED HAZARD
Any building within any residential zoning district, or within 1,000 feet of any residential zoning district, which remains unoccupied for a period of more than 60 days with either doors, windows or other openings broken, removed, boarded or similarly sealed or any building under construction, upon which little or no construction work has been performed for a period of three months, or any building within the City which has been fire damaged or damaged by act of God and allowed to so remain, which shall be presumed to constitute a hazard.
VENTILATION
The supply and removal of air to and from a space by natural or mechanical means.
(1) 
VENTILATION, MECHANICALVentilation by power-driven devices.
(2) 
VENTILATION, NATURALVentilation by opening to outer air through windows, skylights, doors, louvers or stacks, with or without wind-driven devices.
YARD
An open, unoccupied space on the lot, plot or parcel of land on which the building stands, which extends the entire length of the front or rear or interior lot line.
B. 
Definitions in the New York State Uniform Fire Prevention and Building Code that are not specifically listed here shall also be recognized as authoritative by this chapter.