Village of East Aurora, NY
Erie County
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Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 108.
Unsafe buildings — See Ch. 113.
Solid waste — See Ch. 214.
Sidewalk maintenance — See Ch. 223, Art. III.
Abandoned vehicles — See Ch. 246.
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. 
General definitions:
APPROVED
Approved by the Code Enforcement Official.
AREA OF PUBLIC ASSEMBLY
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.
BASEMENT
That portion of a building which is partly or completely below grade.
BATHROOM
A room containing plumbing fixtures including a bathtub or shower.
BEDROOM
Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.
BUILDING
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.
CODE ENFORCEMENT OFFICIAL
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.
CONDEMN
To adjudge unfit for occupancy.
CONSTRUCTION
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.
DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EASEMENT
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.
EQUIPMENT
Plumbing, heating, electrical, ventilating, air conditioning, refrigerating equipment, elevators, dumbwaiters, escalators and other mechanical additions or installations.
EXTERIOR PROPERTY
The open space on the premises and on adjoining property under the control of the owners or operators of such premises.
EXTERMINATION
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.
GARBAGE
The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
GUARD
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.
HABITABLE SPACE
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.
HOUSEKEEPING UNIT
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.
IMMINENT DANGER
A condition which could cause serious or life-threatening injury or death at any time.
INFESTATION
The presence within or contiguous to a structure or premises of insects, rats, vermin or other pests.
INOPERABLE MOTOR VEHICLE
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.
LABELED
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.
LET FOR OCCUPANCY or LET
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.
OCCUPANCY
The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT
Any individual living or sleeping in a building, or having possession of a space within a building.
OPENABLE AREA
That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR
Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OWNER
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.
PERSON
An individual, corporation, partnership, limited liability company, or any other group acting as a unit.
PREMISES
A lot, plot or parcel of land, easement or public way, including any structures thereon.
PUBLIC WAY
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.
ROOMING HOUSE
A building arranged or occupied for lodging, with or without meals, for compensation, and not occupied as a one- or two-family dwelling.
ROOMING UNIT
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.
RUBBISH
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.
SLEEPING UNIT
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.
STATE CODE
For the purposes of this code, the most current version of the Property Maintenance Code of New York State.
STOP-WORK ORDER
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).)
STRUCTURE
That which is built or constructed, or a portion thereof.
SWIMMING POOL
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.
TENANT
A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
TOILET ROOM
A room containing a water closet or urinal but not a bathtub or shower.
VENTILATION
The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
VILLAGE
The Village of East Aurora, New York.
VILLAGE BOARD
The Village Board of Trustees of the Village of East Aurora, New York.
WEEDS
All grasses, annual plants and vegetation, other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens.
WORKMANLIKE
Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
YARD
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.
(4) 
Storage of solid fuel for use in heating equipment in quantities not to exceed:
(a) 
Wood: 10 full cords, a volume of 1,280 cubic feet, neatly piled so as not to create a hazard.
(b) 
Coal: a volume of five tons when covered by an approved material.
(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.
(1) 
Glazing. All glazing materials shall be maintained free from cracks and holes.
(2) 
Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
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:
(a) 
The release mechanism shall be located on the pool side of the gate at least three inches (76 millimeters) below the top of the gate; and
(b) 
The gate and barrier shall have no opening greater than 0.5 inch (12.7 millimeters) within 18 inches (457 millimeters) of the release mechanism.
(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
(c) 
Other means of protection, such as self-closing doors with self-latching devices shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by Subsection C(9)(a) or (b) described above.
(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.
(2) 
Exceptions:
(a) 
A hot tub or spa equipped with a safety cover which complies with ASTM F 1346.
(b) 
A swimming pool (other than a hot tub or spa) equipped with an automatic power safety cover which complies with ASTM F 1346.
(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:
[1] 
Ninety days of the date of issuance of the building permit for the installation or construction of the swimming pool; or
[2] 
Ninety days of the date of commencement of the installation or construction of the swimming pool.
(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.