CHAPTER
27
HOUSING
CODE
ARTICLE
I
RESIDENTIAL
PREMISES
PART 1
GENERAL
PROVISIONS
§ 27.1 Title
This
Chapter shall be known and referred to as "Housing Code for the
Incorporated Village of Mineola, New York."
§ 27.2 Purpose
and intent
A. This Chapter provides standards governing the
facilities and the condition, use, occupancy, and maintenance of residential
premises, to safeguard the safety, health and welfare of the occupants and
users thereof.
B. It is intended that this Article be compatible
with the New York State Uniform Fire Prevention and Building Code but is
enacted to provide more specific standards than those contained in Chapter F of the Uniform Code. It is further
intended that any of the standards contained in this Article be more stringent
than those contained in the Uniform Code and that this Article shall be so
construed.
C. In case of conflict with any provisions in
this Article, the regulations contained in the Uniform Code shall prevail if it
is determined that the regulations contained in the Uniform Code are more
stringent.
§ 27.3 Scope
This
Chapter shall be applicable to the following:
A. Lots, plots, or parcels of land, on which are
located buildings devoted to residential use or occupancy, mixed occupancy
buildings, or accessory structures.
B.
Buildings devoted
to residential use or occupancy, including one‑ and two‑family
dwellings and multiple dwellings, mixed
§ 27.3 MUNICIPAL CODE
occupancy buildings and accessory structures. Migrant
housing shall be governed solely by Chapter F of the Uniform Code.
§ 27.4 Non‑Applicability
A. This Chapter shall not apply to mobile housing
premises or migrant housing premises or to nursing, convalescent, and old‑age
homes, or similar institutional occupancies.
B. This Chapter shall not apply to fallout
shelters constructed or installed to provide safety and security to occupants
in accordance with specifications and standards contained in regulations or
orders issued by the New York State Civil Defense Commission, or other
analogous or successor body.
§ 27.5 Application
The
provisions of this Chapter shall supplement State and local laws, ordinances,
codes, or regulations. Where a provision of this Article is found to be in
conflict with a provision of a State or local law, ordinance, code, or
regulation, the more restrictive provision shall prevail when legally
permissible.
§ 27.6 State
Uniform Fire Prevention and Building Code
Installations,
alterations, and repairs to residential premises, which are required to correct
violations of the provisions of this Chapter, and materials, assemblies, and
equipment utilized in connection therewith, shall be safe to persons and
property. Conformity of such work, materials, assemblies, or equipment with
applicable requirements of the State Uniform Fire Prevention and Building Code
hereinafter referred to as the Uniform Code and generally accepted standards
shall satisfy this requirement.
§ 27.7 Abbreviations
and definitions
A. General.
1. Abbreviations, terms, phrases, words, and
their derivatives used in this Article shall have the meanings stated in this
Section. Terms and words not defined shall have their ordinarily accepted
meanings or such as the context may imply.
2. Words used in the singular include the plural,
and the plural include the singular. Words used in the masculine gender include
HOUSING
CODE § 27.7
the feminine and neuter genders.
B. Abbreviations.
The
following abbreviations as used throughout this Article shall have the
following meanings:
Btu British thermal unit
c. Centigrade
cfm Cubic feet per minute
F. Fahrenheit
ft foot or feet
gal Gallon or gallons
in. Inch or inches
psf Pounds per square foot
psi Pounds per square inch
C. Definitions.
As used in
this Article:
1. "Accessory structure" shall mean a
structure used or occupied as an adjunct of, or in conjunction with, the use or
occupancy of premises, or building or buildings thereon, and which is located
on the premises or adjacent thereto.
2. "Accessory use" shall mean a use or
occupancy of premises in conjunction with, or for the service of, the
residential use. Such accessory use may
be located within a residential building or on the same or adjoining premises
and may include, but not be limited to:
a. Offices
for the building management;
b. Public
dining rooms, banquet rooms, public kitchens, and ballrooms;
c. Recreation
and play rooms;
d. Laundries
for the use of occupants, provided by or in connection with the management and
operation of a residential building;
e. Maintenance
and work shops, storage rooms for linen, bedding, furniture, supplies, and
occupants' equipment
§ 27.7 MUNICIPAL CODE
and
effects;
f. Stores,
rooms, or space for the sale or display of merchandise;
g. Garages
used for the storage of motor vehicles.
3. "Ampacity" shall mean current
carrying capacity expressed in amperes.
4. "Apartment"
shall mean a dwelling unit in a multiple dwelling or mixed occupancy building.
5. "Apartment hotel" shall mean a
building containing primarily apartments rented, either furnished or
unfurnished, with maid, telephone, desk, linen, or other services provided to
the occupants. See "hotel". "multiple dwelling".
6. "Apartment house" shall mean a
building containing primarily apartments. See "apartment hotel",
"multiple dwelling".
7. "Approved"
shall mean adjudged satisfactory, by the Enforcement Officer pursuant to the
regulations of this Article, by an authority designated by law or this Article,
or, when used in connection with materials, appliances, equipment, or devices,
by a testing agency recognized under the Uniform Code.
8.
"Basement" shall mean that space of a building that is partly below
grade, which has one‑half (½) or more of its height, measured from floor
to ceiling, above the average finished grade.
9. "Bathroom" shall mean an enclosed
space containing one or more bathtubs, showers, or both, and which may also
contain water closets, lavatories, or fixtures serving similar purposes. See
"toilet room".
10. "Boarding house". See "lodging
house".
11.
"Boatel". See "hotel".
12. "Building" shall mean a structure
wholly or partially enclosed within exterior walls, or within exterior and
party walls, and a roof. The term, building, shall be construed as if followed
by the phrase "or part thereof", unless otherwise indicated by the
HOUSING CODE § 27.7
text.
13. "Cellar" shall mean that space of a
building that is partly or entirely below grade, which has more than one‑half
(½) of its height, measured from floor to ceiling, below the average finished
grade.
14.
"Central dining room" shall mean a room where meals are furnished or
served.
15.
"Central kitchen" shall mean a kitchen serving a central dining room.
16. "Club". See "dormitory".
17. "Combustible" shall mean material or
combination of materials which will ignite and support combustion when heated
at any temperature up to 1382° F. (750° C.), during an exposure for five (5) minutes.
18. "Communal dining room" shall mean a
room designed and equipped for eating purposes for occupants.
19. "Commercial kitchen" shall mean a
kitchen available for common use of occupants.
20. "Convalescent home" shall mean a
facility regulated by the State, and operated for the purpose of providing
therein lodging, board, and bedside care or hygienic attention, but not
including medical or nursing care, to sick, infirm, disabled, or convalescent
persons.
21. "Dormitory" shall mean a building
containing dormitory units, lodging
units, or apartments for the use of students, employees, or guests. See "multiple dwelling".
22. "Dormitory unit" shall mean a room
designed to be used for sleeping purposes only, by four (4) or more occupants.
23. "Dwelling, one‑family" shall
mean a building containing only one dwelling unit, and occupied by only one
family.
24. "Dwelling, two‑family" shall
mean a building containing only two (2) dwelling units, and occupied by only
two (2) families.
§ 27.7 MUNICIPAL CODE
25.
"Dwelling unit" shall mean a complete self‑contained
residential unit, with living, sleeping, cooking, and sanitary facilities
within the unit, for use by one family.
26. "Exit" shall mean a may of departure
from the interior of a building or structure to the exterior, at a street, or
to a yard, court, or passageway leading
to a public open area, including doorways, passageways, hallways, corridors, stairways,
ramps, fire escapes, and all other elements necessary for egress or escape.
27. "Fallout shelter" shall mean a
building, structure, or other real property, or an area or portion thereof,
constructed, altered, or improved to afford protection against radio‑active
fallout.
28. "Family" shall mean a household
constituting a single housekeeping unit occupied by one or more persons. The
term, family, does not include live‑in household employees.
29. "Fire‑resistance rating" shall
mean time in hours, or parts thereof, that a material, construction, or
assembly will withstand fire exposure, as determined in a fire test made in
conformity with generally accepted standards, or as determined by extension or
interpretation of information derived therefrom.
30. "Flame‑resistant material"
shall mean material which is flame resistant by nature or has been made flame
resistant, in conformity with generally accepted standards.
31. "Flame‑spread rating" shall
mean the measurement of flame spread on the surface of materials or their
assemblies, as determined by tests conducted in conformity with a generally
accepted standard.
32. "Fraternity house". See
"dormitory".
33. "Generally accepted standard" shall
mean a specification, code, rule, guide, or procedure in the field of
construction, or related thereto, recognized and accepted as authoritative
under the Uniform Code. [See ¶73, infra.]
* See City of White Plains v
Ferraioli, 34 NY2d 300, 306. See also Mental Hygiene L § 41.34 as to group
homes; Group House v Bd. of Zoning, 45 NY2d 266; McMinn v. Oyster Bay, 106 AD2d
46, affd 66 NY2d 544, 498 NE2d 1240; People v. Multari, 135 Misc2d 913; app den
(sub nom People v. See) 70 NY2d 877.
HOUSING
CODE § 27.7
34. "Grade":
a. Finished.
Natural surface of the ground, or surface of ground after completion of any
change in contour.
b. Average
finished. The average elevation of the finished grade adjoining a building
wall. Where two (2) or more building walls are involved, the average shall be
computed on the following basis: multiply the length of each building wall by
the average elevation along the respective wall and add the products obtained
to form a total; divide this total by the sum of the lengths of the building
walls.
35. "Ground cover":
a. Vegetative.
Lawn, turf, or vegetative growth other than weeds, thistles, allergenics, drug
derivatives, or similar plants.
b. Mechanical.
Crushed stone or other mechanically applied materials which stabilize ground
surface.
36. "Habitable space" shall mean space
used for living, sleeping, eating, or cooking. Kitchenettes shall not be deemed
to be habitable space. See "nonhabitable space", "public
space", and "exit".
37. "Hotel" shall mean a building
containing primarily hotel units, for the purpose of furnishing lodging, with
or without meals, for transient occupancy; and with management maintaining a
register, and providing daily housekeeping and other incidental services,
including desk, telephone, or bellboy services. See "apartment
hotel", "multiple dwelling".
38.
"Hotel unit" shall mean a room or group of rooms forming a single
unit, used or intended to be used for living and sleeping purposes, with or
without sanitary facilities. See "dwelling unit".
39. "Infestation" shall mean the
presence, within a building or structure, or on premises, of insects, rodents,
vermin, or other pests.
40.
"Interior
finish" shall mean material applied directly to walls or ceilings for
acoustical correction, surface insulation,
§ 27.7 MUNICIPAL CODE
decorative treatment, or similar purposes, including,
but not limited to, veneer, wainscotting, and paneling. Surface finishes of
wallpaper or other materials not more than 1/28 inch thick having no greater
fire hazard than wallpaper, shall not be deemed to be interior finish.
41. "Interior trim" shall mean material
generally not exceeding twelve (12) inches in width, around openings or on wall
or ceiling; including casings, stools, aprons, baseboards, chair rails, picture
molds, cornice moldings, and moldings applied for decoration.
42. "Kitchen" shall mean space, sixty
(60) square feet or more in floor area, designed and equipped for the purpose
of cooking and preparation of food. See "central kitchen",
"communal kitchen".
43. "Kitchenette" shall mean space less
than sixty (60) square feet in floor area, designed and equipped for the
purpose of cooking and preparation of food.
44. "Lodging house" shall mean a building
containing primarily lodging units, with or without meals provided as a
condition of occupancy. See "multiple dwelling".
45. "Lodging unit" shall mean a room or
group of rooms forming a single unit, used or intended to be used for living
and sleeping purposes, with or without sanitary facilities, and having no
cooking facilities. See "dwelling unit".
46. "Migrant" shall mean a seasonal
laborer who moves from area to area for work purposes in agriculture,
horticulture, or food processing.
47. "Migrant housing premises" shall mean
property used, or intended to be used, as residential accommodations and
related facilities for migrants.
48. "Mixed occupancy building" shall mean
a building occupied in part for
residential use and in part for some other nonaccessory use. See "multiple
dwelling".
49. "Mobile housing premises" shall mean
property, including improvements and facilities, designed to accommodate mobile
homes and recreational vehicles, including such units located thereon.
50. "Motel". See"hotel".
HOUSING
CODE § 27.7
51. "Multiple dwelling" shall mean any of
the following:
a. A
building designed or occupied for residential purposes by more than two (2)
families; or
b. A
series of attached, detached, or semi‑detached buildings which are
provided as a group collectively with essential services and utilities, and
which are located on a lot, plot, or parcel or land, under common ownership; or
c. The
residential part of a mixed occupancy building.
Regardless
of the foregoing, any residential building, other than a one‑ or two‑family
dwelling on a single zoning lot, shall be deemed to be a multiple dwelling.
52. "Municipality" shall mean the
Incorporated Village of Mineola in the County of Nassau and State of New York.
53. "Noncombustible" shall mean material
or combination of materials which will not ignite and support combustion when
heated at any temperature up to 1382° F. (750° C.), during an exposure for five (5) minutes.
54. "Nonhabitable space" shall mean space
used for and including, but not limited to, kitchenettes, pantries, bath,
toilet, laundry, rest, dressing, locker, storage, utility, heater, and boiler
rooms, and other spaces for service and maintenance of the building or
structure. See "habitable space", "public space", and
"exit".
55. "Nursing home" shall mean a facility
regulated by the State, providing
therein nursing care to sick, invalid, infirm, disabled, or convalescent
persons, in addition to lodging and board.
56. "Old‑age home" shall mean a
facility regulated by the State, and operated for the purpose of providing
therein care to adult persons who, though not requiring medical or nursing
care, are in such condition by reason of age as to require, in addition to
lodging and board, personal services to assure their safety and comfort.
57. "Occupant" shall mean the person in
occupancy, or in possession, or in control of premises, or using premises.
§ 27.7 MUNICIPAL CODE
58. Owner shall mean the person exercising
dominion or control over, or vested with title in, premises; a proprietor
(legal owner, joint owner, part owner, record owner, equitable owner, reputed owner,
or their successors in interest); or the respective agent of any of them.
59. "Plumbing system" shall mean the
water supply system, drainage system, vent system, fixtures and traps,
including their respective connections, devices, and appurtenances within
property lines.
60. "Potable water" shall mean water
approved for drinking, culinary, and domestic purposes.
61. "Public space" shall mean space
within a building for public use, such as lobbies, lounges, reception, ball,
meeting, lecture, and recreation rooms, banquet and dining rooms including
appurtenant kitchens, and swimming pools.
62. "Property" shall mean land, including
buildings, structures, facilities, and improvements, used, or intended to
be used, as residential accommodations or facilities.
63. "Residential premises" shall mean
property used, or intended to be used, for dwelling or related purposes.
64. "Rooming house". See "lodging
house".
65. "Sewage" shall mean liquid waste
containing animal or vegetable matter in suspension or solution, and which may
include industrial wastes and liquids containing chemicals.
66. "Shall" as used in this Article, is
always to be construed as mandatory.
67. "Shower room". See
"bathroom".
68. "Sorority house". See
"dormitory".
69. "State Uniform Fire Prevention and
Building Code" shall mean the rules and regulations relating to building
construction, as promulgated by the State Fire Prevention and Building Code
Council, and which collectively are known as the New York State Uniform Fire
Prevention and Building Code, as last amended and hereinafter referred to as
the "Uniform Code".
HOUSING
CODE § 27.7
70. "Story" shall mean the portion of a
building which is between one floor
level and the next higher floor level or the roof. If a mezzanine floor area
exceeds one‑third (1/3) of the floor immediately below, it shall be
deemed to be a story. A basement shall be deemed to be a story when its ceiling
is six (6) or more feet above the average finished grade. A cellar shall not be
deemed to be a story. An attic shall not be deemed to be a story, if unfinished
and not used for human occupancy.
71. "Structure" shall mean an assembly of
materials, forming a construction framed of component structural parts for
occupancy or use, including buildings.
72. "Toilet room" shall mean an enclosed
space, containing one or more water closets, which may also contain one or more
lavatories, urinals, and other plumbing fixtures. See "bathroom".
73. "Uniform Code" means the New York
State Uniform Fire Prevention and Building Code promulgated by the State Fire
Prevention and Building Code Council pursuant to section three hundred seventy‑seven
of Article 18 of the Executive Law, as last amended.
74. "Ventilation" shall mean the supply
to and removal of air from a space by natural or mechanical means:
a. Natural.
Ventilation by opening to outer air through windows, skylights, doors, louvers,
or stacks with or without wind‑driven devices.
b. Mechanical.
Ventilation by power‑driven devices.
§ 27.8 MUNICIPAL CODE
PART 2
SPACE
REQUIREMENTS
§ 27.8 General
Requirements
Buildings
used or occupied for residential use, as defined and classified in this
Article, shall conform to the use, occupancy, size, light, ventilation,
vertical travel, exit and egress requirements, to provide for a safe and
healthful environment.
§ 27.9 Occupancy
classification of buildings