This chapter shall be known as "Housing Standards Applicable to Residential Premises."
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.
[Amended 4-11-1995 by L.L. No. 1-1995]
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 the 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 persons and property.
The provisions of this chapter shall supersede local laws, codes or regulations to the extent that such laws, 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, code or regulation which is more restrictive or establishing 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.
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 regulation adopted pursuant thereto or other local law, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.
Every portion of a building or premises used or intended to be used for residential purposes in the Village of Spring Valley shall comply with the provisions of this code.
Editor's Note: Original Sec. 9-6, which immediately followed this section and pertained to nonapplicability of this chapter to certain types of premises, was repealed 6-18-1973.
The following definitions shall apply in the interpretation and enforcement of this chapter:
- The term applied to a building, structure or use which is clearly incidental or subordinate to and customarily in connection with the principal building, structure or use and which is located on the same lot with the principal building, structure or use. Any accessory building or structure attached to a principal building or structure is deemed to be part of such principal building or structure in applying the bulk requirements to such building or structure. No use shall be considered "accessory" where such use requires a greater area of a lot or larger setbacks or yards or for which greater restrictions than for the principal use on the lot are imposed by Chapter 255, Zoning.[Added 4-11-1995 by L.L. No. 1-1995]
- APPROVED or APPROVED BY
- Approved or approved by the administrative officer under the regulations of this chapter or approved by an authority designated by law or this chapter.
- That portion of a building which is partly or completely below grade
plane. (See "story" and "grade plane.") A basement shall be considered as
a story above grade plane where the finished surface of the floor above the
basement is:[Amended 4-11-1995 by L.L. No. 1-1995; 4-12-2005 by L.L. No. 5-2005]
- 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.")
- A dwelling, part of which is occupied by one or more persons, roomers,
boarders or lodgers, etc., who are not members of the immediate family of
the primary occupants, on more than an occasional basis, exceeding one month,
in which there are provided services incidental to the dwelling's use as a
temporary residence for said boarders, roomers, lodgers, etc. The term "boardinghouse"
shall include a rooming house or lodging house, but not foster homes, for
the purpose of this chapter.[Added 12-11-1984 by L.L. No. 10-1984]
- Any structure or extension thereof or addition thereto having a roof
supported by such things as columns, posts, press or walls and intended for
the shelter, business, housing or enclosing of persons, animals or property.[Amended 4-11-1995 by L.L. No. 1-1995]
- DWELLING, MULTIFAMILY
- A building which is designed, used or occupied for residential purposes
for more than two dwelling units.[Amended 4-11-1995 by L.L. No. 1-1995]
- DWELLING, ONE-FAMILY
- A building designed, used or occupied for residential purposes for
one dwelling unit [Amended 4-11-1995 by L.L. No. 1-1995]
- DWELLING, TWO-FAMILY
- A building containing not more than two dwelling units occupied exclusively for residential purposes, plus permitted accessory uses.
- DWELLING UNIT
- A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any domestic
servants employed on the premises, having no enclosed space (other than vestibules,
entrances or other hallways or porches) or cooking or sanitary facilities
in common with any other dwelling unit. A house trailer, boarding- or rooming
house, convalescent home, dormitory, fraternity house, hotel, inn, lodging,
nursing or other similar home or other similar structure shall not be deemed
to constitute a "dwelling unit."[Amended 4-11-1995 by L.L. No. 1-1995]
- A way of departure from the interior of a building or structure to the exterior at street or grade, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape.
- One or more persons, related by blood, adoption or marriage, living
and cooking together as a single housekeeping unit or a number of persons
living and cooking together as a single housekeeping unit though not related
by blood, adoption or marriage.[Amended 12-11-1984 by L.L. No. 9-1984; 4-11-1995 by L.L. No. 1-1995]
- GRADE, FINISHED
- The natural surface of the ground or the surface of the ground after completion of any change in contour, abutting building or premises.
- GRADE PLANE
- A reference plane representing the average of finished ground level
adjoining the building at exterior walls. Where the finished ground level
slopes away from the exterior walls, the reference plane shall be established
by the lowest points within the area between the building and the lot line
or, where the lot line is more than six feet (1,828 mm) from the building,
between the building and a point six feet (1,829 mm) from the building.[Added 4-12-2005 by L.L. No. 5-2005]
- 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.")
- The presence, within or contiguous to a dwelling, dwelling unit, lodging house, lodging unit or premises, of insects, rodents, vermin or other pests.
- KITCHENETTE SPACE
- Less than 60 square feet in floor area used for cooking or preparation of food.
- KITCHEN SPACE
- Sixty square feet or more in floor area, with a minimum width of five feet used for cooking or preparation of food.
[Repealed 12-11-1984 by L.L. No. 10-1984]
[Repealed 12-11-1984 by L.L. No. 10-1984]
- MIXED OCCUPANCY
- Occupancy of a building in part for residential use and in part for some other use not accessory thereto.
- NONHABITABLE SPACE
- 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.")
- PLUMBING SYSTEM
- The water supply system, the drainage system and 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, lounges, 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.
- That portion of a building included between the upper surface of
a floor and the upper surface of the floor or roof next above. It is measured
as the vertical distance from top to top of two successive tiers of beams
or finished floor surfaces and, for the topmost floor, from the top of the
floor finish or ceiling joists to the top of the roof rafters. A distance
of six feet or less from the top of ceiling joists to the top of the roof
rafters shall not be considered a story.[Added 4-12-2005 by L.L. No. 5-2005; amended 9-14-2005 by L.L. No. 12-2005]
- A combination of materials constructed, assembled or erected on,
above or below the ground or attached to something having location on, above
or below the ground, including but not limited to buildings, fences, tanks,
towers and swimming pools.[Amended 4-11-1995 by L.L. No. 1-1995]
- TOILET ROOM
- 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, MECHANICAL
- Ventilation by power-driven devices.
- VENTILATION, NATURAL
- Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks with or without wind-driven devices.
Editor's Note: The original definitions of "accessory structure" and "accessory use" were repealed 4-11-1995 by L.L. No. 1-1995.
Editor's Note: The former definition of "cellar," which immediately followed, was repealed 4-12-2005 by L.L. No. 5-2005.
Editor's Note: The original definition of "multiple dwellings," as amended 12-11-1984 by L.L. No. 9-1984, was repealed 4-11-1995 by L.L. No. 1-1995.