Chapter 27

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

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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.

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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.

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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

Buildings, for the purpose of this Article, shall be classified in respect to their uses or occupancies, as follows:

A. One‑ and two‑family dwellings.

B. Multiple dwellings.

Apartment houses, apartment hotels,

Hotels, motels, boatels,

Lodging houses, rooming houses, boarding houses,

Clubs, dormitories, fraternity and sorority houses.

C. Mixed occupancy buildings.

Residential and accessory use parts shall be classified as multiple dwellings.

Non‑residential parts shall be classified in accordance with their occupancy and use under the Uniform Code. Components of such parts including, but not limited to, structural elements, mechanical and electrical service equipment, and fire protection equipment shall be subject to applicable provisions of this Article and generally accepted standards of engineering and fire protection practice, so as to ensure the health, safety, and welfare of the residential occupants of the building.

D. Accessory structures.

§ 27.10 Maximum occupancy

A. In dwelling units ‑ the maximum number af occupants of each such respective unit shall be limited to a number determined on the

HOUSING CODE § 27.11

basis of the floor area of each habitable room, other than kitchens, as follows:

One occupant per habitable room having a floor area of at least eighty (80) but less than one hundred twenty (120) square feet;

Two occupants per habitable room having a floor area of at least one hundred twenty (120) but less than one hundred eighty (180) square feet; and

Three occupants per habitable room having a floor area of one hundred eighty (180), or more, square feet.

B. In hotel units and lodging units ‑ the maximum number of occupants shall be limited to the number determined on the same basis as for dwelling units.

C. In dormitory units ‑ the maximum number of occupants shall be limited to a number determined by dividing the floor area of the unit by fifty (50) square feet. In no case shall the floor area of a dormitory unit be less than two hundred (200) square feet.

D. The maximum number of occupants permitted in hotel units, lodging units, or dormitory units shall be posted in a conspicuous place in each such unit.

E. Communal dining rooms and central dining rooms shall contain at least fifteen (15) square feet of floor area per occupant. The maximum number of occupants permitted, at any particular time, shall be posted in a conspicuous place in each such unit.

F. Communal dining space in communal kitchens shall be exclusive of clear working space, at least four (4) feet in front of kitchen equipment, and comply with the requirements for communal dining rooms.

§ 27.11 Prohibited uses

A. It shall be prohibited to use for sleeping purposes any kitchen or nonhabitable space. Public space shall be permitted to be used for temporary shelter.

B. It shall be prohibited to prepare meals in hotel units, lodging units, and dormitory units which have no kitchens or kitchenettes.

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C. It shall be prohibited to use any cellar space as habitable space.

D. It shall be prohibited, in dwelling units, hotel units, lodging units, and dormitory units, to conduct a home occupation as set forth in Paragraph 1 or 2, as follows:

1. When the utilized floor area is more than 25 percent of the total floor area of the unit, and in no event more than 500 square feet of floor area.

2. When the home occupation produces offensive noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare or other objectionable effects.

E. It shall be prohibited to occupy or use for residential purposes the residential part of a mixed occupancy building, if the non‑residential part of such building is classified for use as a high hazard occupancy, or if the non‑residential use is obnoxious or offensive to residential occupancy or use.

F. Dwelling units shall be separate from each other.

§ 27.12 Habitable space

A. Size.

1. Habitable space shall have a minimum height of seven (7) feet six (6) inches, measured from floor to ceiling. In habitable space with a sloping ceiling, the required minimum ceiling height of seven (7) feet six (6) inches shall be provided in at least fifty (50) per cent of the floor area, and the area where the ceiling height is less than five (5) feet shall not be included in computing required floor area.

2. A dwelling unit shall contain at least one habitable room having a minimum of one hundred fifty (150) square feet of floor area, with a minimum horizontal dimension of ten (10) feet.

3. Kitchens shall have a minimum of sixty (60) square feet of floor area, and other habitable spaces shall contain not less than eighty (80) square feet of floor area, with a minimum horizontal dimension of seven (7) feet.

4. Alcoves, except cooking spaces or foyers, to be deemed part

HOUSING CODE § 27.12

of a habitable room shall conform with the following:

a. An alcove less than sixty (60) square feet in area shall be deemed part of the habitable room which it abuts, provided, the dividing partition between the alcove and the room has an opening of at least eighty (80) per cent of the wall area of such partition, measured on the alcove side, which wall area may not be less than forty (40) square feet, and the depth of such alcove does not exceed half its width.

b. The floor area of the alcove shall be added to the floor area of the habitable room, for the purpose of complying with the light and ventilation requirements of Subdivision C of this Section.

c. An alcove with an area of sixty (60) square feet or more, but less than eighty (80) square feet, shall be deemed part of the habitable room which it abuts, provided, it meets the requirements of subparagraph a and is separately lighted and ventilated, as required for habitable space in Subdivision C of this Section.

B. Location in respect to grade level.

Habitable space located partially below grade shall conform to the definition of a basement, with the floor level of such space not more than four (4) feet below the average finished grade.

C. Light and ventilation.

1. Habitable space, exclusive of kitchens, shall have natural light provided by means of one or more windows, skylights, transparent or translucent panels, or any combination thereof, that face directly on open space. The amount of light shall be equivalent to that transmitted through clear glass equal in area to not less than ten (10) per cent of the floor area of the habitable space. In computing the amount of light transmitted, only window or panel areas six (6) inches or more above the adjoining finished grade shall be included in such calculation.

2. Habitable space shall be provided with electric light appropriate for the intended use.

3. Habitable space, exclusive of kitchens, shall have natural

§ 27.12 MUNICIPAL CODE

ventilation provided by means of openable parts of windows or other openings in exterior walls that face directly on open space, or through openable parts of skylights. Such openable parts shall have a total clear ventilation area equal to not less than five (5) per cent of the floor area of the habitable space. In computing the total clear ventilation area, only openable parts, of windows or other openings, six (6) inches or more above the adjoining finished grade shall be included in such calculation.

4. Habitable space may also be provided with mechanical ventilation in addition to natural ventilation, but not in substitution thereof, except: kitchens may be provided with natural ventilation, conforming with paragraph 3 of this Subdivision, or with mechanical ventilation exhausting not less than one hundred fifty (150) cfm.

D. Open space.

1. Open space shall be of sufficient area, to permit required natural light and ventilation for habitable space.

2. Windows, panels, and openings required to provide natural light or ventilation shall face directly on open space conforming to the following:

a. Where such open space is bounded on two (2) sides by walls, with two (2) open ends, and the vertical dimension of the lower wall is thirty (30) feet or less, the horizontal dimension between walls shall be at least eight (8) feet. For each foot that the vertical dimension of the lower wall exceeds thirty (30) feet, the horizontal dimension between walls, above the thirty (30) foot level, shall be increased by at least three (3) inches.

Vertical dimension shall be measured from the floor level of the story containing required windows, panels, or openings to the top of the lower wall. Horizontal dimension shall be measured, at the same floor level, from the wall containing such windows, panels, or openings to the facing wall.

b. Where such open space is bounded on three (3) sides by walls, in addition to the requirements of subparagraph (a), the horizontal dimension from the open end of the

HOUSING CODE § 27.13

open space to the wall opposite the open end shall not exceed four (4) times the horizontal dimension between the facing walls.

c. Where such open space is bounded on four (4) sides by walls, in addition to the requirements of subparagraph (a), the horizontal dimension between any two (2) facing walls shall not exceed two (2) times the horizontal dimension between the other two facing walls.

E. Miscellaneous requirements.

1. Dwelling units shall be separate and apart from each other. Sleeping rooms shall not be used as the only means of access to other sleeping rooms or habitable spaces.

2. Hotel units, lodging units, and dormitory units shall be designed to provide privacy, and be separate from other adjoining spaces.

3. Communal kitchens and communal dining rooms shall be accessible only from a common hall or passageway.

§ 27.13 Public space

1. Height.

Public space shall have a minimum height of seven (7) feet six (6) inches, measured from floor to ceiling.

2. Light and ventilation.

a. Public lobbies and lounges shall be provided with electric light conforming to the requirements of paragraph 5 of Subdivision E of § 27.17.

b. Public reception, ball, meeting, lecture, and recreation rooms, and similar public spaces, shall be provided with electric light appropriate for the intended use.

c. Public spaces shall be provided with either natural ventilation, conforming to the requirements for habitable space, or with mechanical ventilation conforming to the requirements of Table II.

§ 27.14 MUNICIPAL CODE

§ 27.14 Nonhabitable space

A. Height.

In multiple dwellings ‑ nonhabitable space, except crawl spaces and attics, shall have a minimum height of seven (7) feet, measured from floor to ceiling.

B. Toilet rooms and bathrooms.

1. Toilet rooms and bathrooms shall be designed and arranged to provide privacy.

2. Toilet rooms and bathrooms shall not be used as a passageway to a hall, or other spaces, or to the exterior.

3. A toilet room or bathroom in a dwelling unit shall be accessible from any sleeping room without passing through another sleeping room.

4. Toilet rooms and bathrooms serving hotel units, lodging units, or dormitory units, unless located within such respective units, or directly connected thereto, shall be provided on the same story with such units, and be accessible only from a common hall or passageway.

5. Toilet rooms for employees in multiple dwellings shall be separate for each sex where there are five (5) or more employees, shall be readily accessible to such employees, and shall not open directly into any public kitchen or other public space used for the cooking or preparation of food.

6. The entrance to every toilet room with facilities to serve more than one person at a time, and opening into a public space or passageway, shall be provided with a vestibule or fixed partition to screen the interior from view. The door of every such toilet room, with multiple facilities, shall have an effective self‑closing device. Doors of toilet rooms, with facilities to serve one person at a time, shall be provided with an interior door lock.

7. In one‑ and two‑family dwellings ‑ bathrooms and toilet rooms shall be provided with floors of moisture‑resistant material.

8. In multiple dwelling ‑ floors of bathrooms, toilet rooms, and

HOUSING CODE § 27.14

similar spaces shall be waterproof; such waterproofing shall extend six (6) inches or more above floors, except at doors. Walls shall be constructed or covered with moisture‑resistant material.

C. Light and ventilation.

1. Kitchenettes, bathrooms, and toilet rooms shall be provided with electric light of sufficient intensity and so distributed as to permit the maintenance of sanitary conditions, and the safe use of the space and the appliances, equipment, and fixtures.

2. In one‑ and two‑family dwellings ‑ kitchenettes, bathrooms, and toilet rooms shall be provided with ventilation in accordance with either of the following:

Mechanical ventilation exhausting not less than one hundred fifty (150) cfm for kitchenettes, and not less than twenty‑five (25) cfm for bathrooms and toilet rooms.

3. In multiple dwellings ‑ kitchenettes, bathrooms, and toilet rooms shall be provided with ventilation in accordance with either of the following:

Natural ventilation by openings which comply with the requirements of paragraph 3 of Subdivision C of § 27.12, except that minimum openings shall be three (3) square feet for kitchenettes, and bathrooms and toilet rooms designed for private use, and one (1) square foot per water closet or urinal, or three (3) square feet, whichever is greater, for bathrooms and toilet rooms designed for public use; or

Mechanical ventilation exhausting not less than one hundred fifty (150) cfm for kitchenettes, twenty‑five (25) cfm for bathrooms and toilet rooms designed for private use, and forty (40) cfm, per water closet or urinal, for bathrooms and toilet rooms designed for public use.

4. Stairs shall be provided with electric light to allow safe ascent and descent.

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5. Laundry rooms, furnace rooms, and similar non‑habitable spaces shall be provided with electric light appropriate for the intended use of such rooms.

6. Spaces in multiple dwellings which contain central heat producing equipment, incinerator, or air conditioning equipment, shall be ventilated directly to the outer air.

7. Shower rooms, locker rooms, dressing rooms, and laundry rooms shall be provided with either natural ventilation, conforming to the requirements for habitable space, or with mechanical ventilation conforming to the requirements of Table II.

8. Garages within or accessory to multiple dwellings shall be provided with electric light appropriate for the intended use of such spaces.

9. Garage areas above grade, in excess of one thousand (1000) square feet, and all garage areas below grade shall be provided with mechanical ventilation, in conformity with Table II.

§ 27.15 Elevators and escalators

Elevators and escalators shall be maintained in good and safe operating condition, and adequately lighted at all times.

§ 27.16 Railings and parapet walls

A. Railings or parapet walls shall be provided at open sides of balconies, mezzanines, porches, accessible roofs, exit passageways, areaways, motor vehicle parking decks and ramps, and around floor openings.

B. Railings or parapet walls shall be at least three (3) feet six (6) inches in height and designed to resist a lateral load, at the top, of at least fifty (50) pounds per linear foot. Fixed openings in railings or parapet walls shall not exceed six (6) inches in one dimension.

C. Wheel bumper blocks shall be provided at perimeter and around floor openings of open motor vehicle parking decks and ramps. Wheel bumper blocks shall be continuous, at least eight (8) inches in height, fastened to the floor, and designed to resist a minimum linear load of three hundred (300) pounds per foot.

HOUSING CODE § 27.17

§ 27.17 Exits

A. General.

1. Safe, continuous, and unobstructed exit shall be provided 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.

2. Exits shall be arranged, constructed, proportioned, and maintained so that occupants may escape safely from the building or structure in case of emergency. Width of exits shall conform to generally accepted standards.

3. Exits from dwelling units, hotel units, lodging units, and dormitory units shall not lead through other such units, or through toilet rooms or bathrooms.

4. Nothing shall be placed, accumulated, or stored on residential premises which obstructs egress from stairways, passageways, doors, windows, fire escapes, or other means of exit.

5. In multiple dwellings, exits, including vestibules, stairways, passageways, corridors and hallways, but excluding fire escapes, shall be lighted with natural or electric light at all times, so as to afford safe passage.

6. Stairways shall have handrails on at least one side.

7. Fire escapes shall be maintained free of encumbrances.

8. Vending machines and other equipment or materials shall not be located in lobbies, corridors, or passageways if it constitutes a fire hazard or interferes with the exit facilities.

B. One‑ and two‑family dwellings.

1. A fixed stairway shall be provided between stories, and between the first story and a basement or cellar.

2. In one‑ and two‑family dwellings, in addition to the primary exit there shall be provided an emergency exit from each story. Such emergency exit may be similar to the primary exit, or a fire escape, or an opening, such as a window or door, having at least four (4) square feet of openable area with a minimum dimension of

§ 27.17 MUNICIPAL CODE

eighteen (18) inches, and with the bottom of the opening not more than three (3) feet six (6) inches above the floor. All new construction or renovation shall comply with the Uniform Code.

3. In two‑family dwellings more than three (3) stories in height, exits shall comply with any of the following:

a. One interior stairway enclosed in construction having at least a three‑quarter (3/4) hour fire‑resistance rating with openings in such enclosure protected by self‑closing doors; or

b. Two (2) interior stairways with all doors opening upon such stairways equipped with a self‑closing device; or

c. One interior stairway with all doors opening upon such stairway equipped with a self‑closing device, and one exterior stairway or fire escape providing exit from each dwelling unit on any story; or

d. One interior stairway equipped with an automatic sprinkler system, with all doors opening upon such stairway equipped with a self‑closing device.

C. Multiple dwellings.

1. In multiple dwellings two (2) stories or less in height, in addition to the primary exit from each dwelling unit, hotel unit, lodging unit, or dormitory unit, there shall be provided an emergency exit from each such unit, conforming with the requirements of paragraph 2 of Subdivision B of this Section.

2. In multiple dwellings three (3) stories or more in height, there shall be provided from each story at least two (2) exits accessible to each dwelling unit, hotel unit, lodging unit, or dormitory unit. The primary exit shall be an interior public hall, stairway, lobby, vestibule, or any combination thereof. The secondary exit shall be another interior public hall, stairway, lobby, or vestibule, or any combination thereof, or a fire escape. Where the secondary exit is through the same public hall which provides access to the primary exit, the primary exit shall be separated from such public hall by construction having a fire resistance rating of at least three‑quarter (3/4) hour.

3. Public halls, stairways, lobbies, and vestibules serving as

HOUSING CODE § 27.17

exits shall be enclosed with construction having a fire‑resistance rating of at least three‑quarter (3/4) hour. Wood wainscotting in exits is prohibited. Combustible interior trim in exits is permitted only in buildings three (3) stories or less in height. Openings, other than doors, in interior walls or partitions of exits shall be sealed, so as to maintain the required fire‑resistance rating of the wall or partition.

4. Doors from dwelling units, hotel units, lodging units, or dormitory units opening upon a public hall, and doors in stairway enclosures shall be self‑closing. Doors from units opening upon public halls and doors in stairway enclosures shall have a fire resistance rating of at least three‑quarter (3/4) hour.

5. Basement and cellar stairways shall be separated from stairways leading to or from upper stories, at the grade level story, by construction having a fire‑resistance rating of at least three‑quarter (3/4) hour, with doors that are self‑closing and have a fire‑resistance rating of at least three‑quarter (3/4) hour.

D. Height.

In multiple dwellings ‑ passageways, corridors, hallways, and vestibules shall have a minimum height of seven (7) feet six (6) inches, measured from floor to ceiling. In stairways, headroom over landing floors and tread nosings shall have a minimum height of seven (7) feet.

E. Light and ventilation.

1. In multiple dwellings ‑ exits, including vestibules, stairways, passageways, corridors, and hallways, but excluding fire escapes, shall be lighted with natural or electric light at all times, so as to afford safe passage. Electric light shall conform to the following:

a. A sufficient number of fixtures shall be provided so that the distance between fixtures is not more than thirty (30) feet and so that no wall is more than fifteen (15) feet from a fixture.

b. Incandescent lighting ‑ not less than one‑quarter (¼) watt per square foot of floor area, except that each fixture shall have a lamp or lamps with a total of not less than twenty‑five (25) watts.

§ 27.17 MUNICIPAL CODE

c. Fluorescent lighting ‑ not less than one‑tenth (1/10) watt per square foot of floor area, except that each fixture shall have a lamp or lamps of a total of not less than fifteen (15) watts.

d. Where under these formulas the calculated wattage does not correspond to that of a standard lamp, the next larger size shall be used.

2. In multiple dwellings ‑ stairways, passageways, corridors, and hallways shall be provided with ventilation in accordance with either of the following:

Natural ventilation obtained by means of openings to the outer air, or by means of ducts connected to wind or gravity operated ventilators; or

Mechanical ventilation conforming to the requirements of Table II.

F. Stairways.

1. Stairway treads, risers, and landings shall be arranged, constructed, proportioned, and maintained to provide safe ascent and descent.

2. Guard rails or balustrades, at least thirty‑three (33) inches in height above nosings and thirty‑six (36) inches in height above landings, shall be provided at open portions of stairways.

3. Handrails shall be provided on at least one side of stairways.

4. Where stairways provide access to roofs by means of scuttles or bulkhead doors, such scuttles or doors shall be readily openable from the interior without the use of tools or keys.

G. Fire escapes.

1. Fire escapes which serve as a secondary means of egress shall be of material having the properties of ferrous metal, other than cast iron, and conform to generally accepted standards. Fire escapes shall be maintained free of encumbrances.

2. Access to fire escapes shall be through openable unobstructed

HOUSING CODE § 27.18

doors, or windows conforming to the requirements of windows for emergency exit in paragraph 2 of Subdivision B of this Section.

3. In buildings more than three (3) stories in height, fire escapes shall continue to the roof, except when the slope of the Roof exceeds fifteen (15) degrees.

4. The lowest balcony shall be provided with a drop ladder or counter‑balanced stair, if it is more than five (5) feet above the ground.

§ 27.18 Exterior lighting

Exterior artificial lighting shall be maintained in operating condition.

A. Multiple dwelling premises.

1. Exterior artificial lighting shall be provided at night to illuminate facilities used by pedestrians, including walks, driveways, parking spaces, and entranceways to buildings.

2. Exterior artificial lighting shall be of an approved type as to location and safety of installation.

3. Exterior artificial lighting at or near front entranceways shall consist of at least one fixture with a lamp or lamps having a cumulative wattage of at least fifty (50) watts, for a building with a frontage up to twenty‑five (25) feet. Where the frontage is in excess of twenty‑five (25) feet, at least two (2) fixtures with lamps having a cumulative wattage of at least one hundred (100) watts shall be provided.

§ 27.19 MUNICIPAL CODE

PART 3

STRUCTURAL REQUIREMENTS

§ 27.19 General requirements

A. Buildings and structures shall be structurally sound. Structural elements which conform to loading criteria specified in the Uniform Code, and stress limitations specified in generally accepted standards, shall be deemed structurally sound.

B. Buildings and structures shall be maintained weather‑resistant and in good condition.

§ 27.20 Exterior protection

A. Exterior walls, including foundations, shall be maintained so that ground and surface water does not penetrate into basements and cellars.

B. Exterior doors, windows, skylights, and similar openings shall be maintained weathertight.

C. Exterior stairs, porches, entrance platforms, fire escapes, and the railings thereon, shall be maintained in a safe and sound condition.

D. Roofs shall be maintained in a watertight condition.

E. Exterior surfaces shall be maintained in good condition. Surfaces not inherently resistant to deterioration shall be treated with a protective coating of paint or other suitable preservative. The surface and exterior of the building shall be maintained to prevent excessive peeling and flaking of paint, the rotting of wood or other deleterious conditions. The overall surface shall at all times present a neat appearance free from excessive peeling and uniformly painted or treated in a good workmanlike manner so as not to detract from other buildings in the neighborhood.

§ 27.21 Interior protection

A. Structural members shall be protected and maintained to resist and prevent deterioration.

B. Unheated attics, spaces below flat roofs, and crawl spaces

HOUSING CODE § 27.23

shall be ventilated, to minimize deterioration.

C. Chimneys and flues shall be maintained safe, sound, and smoketight.

D. Ceilings, walls, floors, and stairways shall be maintained in a safe and sound condition.

E. Toilet room, bathroom, and laundry room floors shall be maintained in a watertight condition. Kitchen floors must be covered with a hard, non‑porous material, free of holes, tears, cracks or other openings and shall be watertight, suitable for mopping and scrubbing: provided, however, that suitable kitchen carpeting may be used if it is of a material which will not absorb moisture or food particles.

§ 27.22 Porches

A. The area underneath all porches shall be enclosed either by a solid material or a trellis type enclosure to prevent trash and debris from accumulating under same.

B. Whenever a porch has been removed from a structure, the following conditions shall be complied with:

1. Any newly exposed area must be treated with paint or other material so that it matches the rest of the structural surface.

2. If steps or a new porch are not constructed, the doorway must be enclosed and covered over with paint or material in a good workmanlike condition to match the rest of the structural surface.

3. The exposed ground area must be graded and seeded with grass or covered with other suitable vegetation.

§ 27.23 Cellarways

Exterior cellarways, stairways and wells must be covered with doors which shall be kept closed at all times when not in use.

§ 27.24 MUNICIPAL CODE

PART 4

FIRE‑SAFETY REQUIREMENTS

§ 27.24 General requirements

Buildings and structures shall be constructed and maintained to prevent and avoid fire hazards, and in a manner conducive to fire safety as required by Chapter C of the Uniform Code.

§ 27.25 Fire protection equipment

A. Fire protection equipment, including fire alarm, fire detecting, watchman, sprinkler and standpipe systems and portable fire extinguishers, shall be maintained in proper operating condition at all times.

B. Sprinkler and standpipe systems shall have an adequate water supply available at all times.

C. Fire department connections shall be conspicuously identified and maintained readily accessible for fire department use.

D. Sprinkler systems shall be maintained in good condition, free from mechanical injury. Sprinkler heads shall be maintained clean, free of corrosion and paint and not bent or damaged.

E. Unsupervised valves controlling water supply to sprinklers shall be secured in the open position.

F. Portions of the system subject to freezing shall be appropriately protected.

G. Storage of materials shall not interfere with the effective discharge of water from the sprinkler heads.

H. Gate valves at hose stations shall be maintained tight against leaks.

I. Hose shall be in proper position ready for operation, dry and free of deterioration.

J. Portable fire extinguishers shall be in their designated location and shall be maintained in an efficient and safe operating condition.

HOUSING CODE § 27.26

§ 27.26 Smoke Detectors

A. Required in multiple dwellings.

All multiple dwellings shall have smoke detectors installed by the owners thereof. New construction shall have smoke detectors installed, inspected and approved before being occupied by any person or persons.

B. Requirements and specifications.

Smoke detectors shall be of a type approved for sale in the State of New York; shall be capable of sensing visible and invisible products of combustion and when activated, shall provide an alarm suitable to warn the occupants. Such detectors shall also include such markings and literature sufficient to inform the occupants and owners of the purposes, protective limitations and correct installation, operating, testing, maintenance and replacement procedures and servicing instructions for such equipment.

C. Installation and location.

The manner of installation and the location of the smoke detectors shall be approved by the Enforcement Officer which shall be in accordance with and shall not exceed the standards under which the detectors were tested and approved and any limitations of their use. Approval shall remain in effect unless the Enforcement Officer finds that the equipment is hazardous or unreliable and in such case he or she shall revoke such approval.

D. Number required.

1. At least one smoke detector shall be installed in each dwelling unit.

2. In each multiple dwelling, interconnected smoke detectors of the hardwire type, shall be installed in each common passageway on each floor and in the cellar or basement, the signal or alarm of which shall be clearly audible throughout the structure with alerting signals located on all floor levels.

In all multiple dwellings equipped with smoke detectors an auxiliary alarm pull type station should be located on all floor levels interconnected with the audible alerting system in the building.

§ 27.26 MUNICIPAL CODE

E. Maintenance.

It shall be the responsibility of the owner of each multiple dwelling covered by this section to maintain all smoke detectors in good working order.

F. Certificates of compliance.

During August of each year, the owner of each multiple dwelling, in which smoke detectors have been installed, shall certify to the Enforcement Officer in writing that the required maintenance has been performed on all such detectors in the owner's multiple dwelling and that the devices are in good working condition as of the date of the certification.

G. Inspections.

The Enforcement Officer may inspect all dwellings covered by this Section annually and as may be necessary to insure compliance with this Section.

HOUSING CODE § 27.30

PART 5

EQUIPMENT REQUIREMENTS

§ 27.29 General requirements

A. Plumbing, heating, electrical, ventilating, air conditioning, refrigerating, cooking, and fire protection equipment, elevators, dumbwaiters, escalators, and other mechanical additions, installations, or systems for the use of buildings and structures shall be installed, located, and maintained so that such equipment and systems will operate satisfactorily, and not be a danger to safety, health, or welfare.

B. X‑ray equipment used for medical, dental, or other professional purposes, and shielding of the space where such equipment is used, shall be approved by the health authority having jurisdiction as conforming to the standards established by such authority.

§ 27.30 Plumbing

A. General.

Plumbing systems shall be maintained in good, safe, sanitary, and serviceable condition.

B. Water supply.

1. Potable water from an approved source shall be available at all times. The domestic water supply system of the building shall be connected to such approved source, shall not be subject to contamination, and shall not be connected to unsafe water supplies.

2. The source of water supply for a one‑ or two‑family dwelling shall be a public water supply system, when such system is within one hundred (100) feet of the premises on which the building is located, measured along a street, alley, or right of way, and a connection may lawfully be made thereto.

3. The source of water supply for a multiple dwelling shall be a public water supply system, when such system is within five hundred (500) feet of the premises on which the building is located, measured along a street, alley, or right of way, and a connection may lawfully be made thereto.

§ 27.30 Municipal CODE

4. Water supply systems shall be installed and maintained to provide at all times a supply of water to plumbing fixtures, devices, and appurtenances in sufficient volume and at pressures adequate to enable them to function satisfactorily.

5. Hot water shall be supplied in sufficient quantity at all times commensurate with the number of occupants and the normal usage. Water heaters or central water heating equipment shall be maintained in operating condition.

6. Hot water supply systems shall be provided with safety devices designed to relieve hazardous pressures and excessive temperatures.

C. Sewage and storm water drainage systems shall be maintained so as to function properly and be kept free from obstructions, leaks and defects.

1. Sewage drainage.

a. Plumbing fixtures shall drain to a sewage system connected to a public sewer or approved system of sewage disposal.

b. The means of sewage disposal shall be a public sanitary sewer when it is available and connection to such sewer shall be made in accordance with all provisions of applicable laws, rules and regulations.

c. No sewage from a plumbing system shall be discharged into the waters of the State of New York (as defined in State law), unless specifically approved by the authority having jurisdiction, under and in accordance with State law.

d. Adequate cleanouts shall be provided and maintained so that the pipes may be readily cleaned.

2. Storm drainage.

a. An approved system of storm water disposal shall be provided for the safe and efficient drainage of roofs and paved areas, yards and courts, and other open areas on the premises.

HOUSING CODE § 27.30

b. The means for storm water disposal shall be in accordance with all applicable laws, ordinances, rules and regulations.

c. No storm water shall be drained into sewers intended for sewage only, or be discharged onto public sidewalks or streets.

3. Plumbing facilities.

a. Buildings and structures shall be provided with plumbing systems designed to dispose of the sewage from all fixtures and to furnish cold water to every water closet and urinal, and hot and cold water to every sink, lavatory, bathtub, and shower, required therein.

b. In one‑ and two‑family dwellings, not wholly owner occupied, and in all multiple dwellings hot water shall be furnished within a temperature range of 110° F. to 120° F.

c. There shall be provided within each dwelling unit, plumbing fixtures consisting of at least:

One kitchen sink,

One water closet,

One bathtub or shower, and

One lavatory.

d. In multiple dwellings ‑ each communal kitchen shall contain at least one kitchen sink, as provided in Table I.

e. In multiple dwellings ‑ where hotel units or lodging units are not provided with sanitary facilities therein, for each multiple of six (6) male or six (6) female occupants to be accommodated, or fractions thereof, there shall be provided, in separate rooms for each sex, plumbing fixtures consisting of at least:

One water closet,

One bathtub or shower, and

One lavatory.

§ 27.30 MUNICIPAL CODE

f. In multiple dwellings ‑ where sleeping accommodations are arranged as dormitory units, for each multiple of ten (10) male or eight (8) female occupants to be accommodated, or fractions thereof. There shall be provided, in separate rooms for each sex, plumbing fixtures consisting of at least:

One water closet,

One bathtub or shower, and

One lavatory.

g. Urinals may be substituted in a men's toilet room for not more than one‑third (1/3) of the required number of water closets.

h. Privies are prohibited on residential premises.

D. Plumbing fixtures.

1. Plumbing fixtures shall be made of smooth nonabsorbent material, and free from concealed fouling surfaces.

2. Plumbing fixtures shall be spaced to be readily accessible for their intended use.

3. Plumbing fixtures shall be located in spaces that are accessible, lighted, and ventilated.

E. Swimming pools.

1. Swimming pools shall be designed and maintained in accordance with generally accepted standards.

2. Drains shall be provided, so that the pool can be safely and adequately drained.

3. Filtering, sterilizing, and auxiliary equipment shall be adequate to maintain the sanitary quality of water during each period the pool is in use. Equipment containing gases or disinfectants capable of giving off irritating, toxic, or flammable fumes shall be located in ventilated rooms.

4. The installation shall be designed and maintained to prevent dirt, sand, or other foreign matter from entering the bathing area.

HOUSING CODE § 27.31

5. An approved enclosure shall be provided around outdoor swimming pools or the property as provided in Chapter 35 entitled "Swimming Pools" of this Municipal Code.

F. Water supply tanks.

1. Water supply tanks shall be maintained watertight, verminproof, rodentproof and resistant to corrosion.

2. Supports for tanks shall be of noncombustible construction.

3. Tanks and their supports shall not be used to support equipment or structures other than for tank use, except where specially designed for such other use.

4. Means for emptying water supply tanks shall be maintained in proper working condition.

5. Potable water supply tanks far domestic supply and standpipe or automatic sprinkler systems shall be maintained to furnish water in sufficient quantity and pressure for such systems.

§ 27.31 Fuel gas

A. General.

1. Fuel gas piping systems shall be maintained gas‑tight, safe, and operative under conditions of use.

2. Fuel gas piping systems shall provide a supply of gas sufficient to meet the maximum expected demand of gas‑burning equipment and appliances connected thereto.

B. Shutoff valves.

1. In one‑ and two‑family dwellings ‑ gas piping systems shall have at least one accessible valve for shutting off all gas supply, except that systems supplied with gas at pressures exceeding one (1) psi gage shall have at least two accessible valves for shutting off all gas supply. Where two valves are required, one valve shall be located outside at a safe distance from the building, and shall be suitably protected against unauthorized use, and the other shall be located ahead of the meter and as close as practicable to the point of service entrance.

§ 27.31 MUNICIPAL CODE

2. In multiple dwellings ‑ gas piping systems supplied from utility mains shall have at least two accessible valves for shutting off all gas supply. One valve shall be located outside and at a safe distance from the building, and shall be suitably protected against unauthorized use, and the other shall be located ahead of the meter and as close as practicable to the point of service entrance.

3. An easily accessible shutoff valve, or cock, shall be provided in the piping in close proximity to, and ahead of every gas appliance, or outlet for a gas connection.

C. Service equipment for gas supplied from utility mains.

1. Gas meters shall be located in spaces that are dry, ventilated, and accessible. Gas meters shall be located near the point of entry of the gas service, and remote from open flame, heat producing equipment, or other heat sources.

2. Gas services, gas meters, and gas pressure regulators shall be located so that they are protected from damage and tampering by unauthorized personnel.

D. High pressure gas.

Any service connection supplying gas at a pressure in excess of one (1) psi gage shall be provided with a device to reduce such pressure to not more than one‑half (1/2) psi gage prior to entering the meter.

E. Liquefied petroleum gas, containers and tanks.

1. Liquefied petroleum gas containers and tanks are subject to the regulations contained in Part 1163 of Chapter C of the Uniform Code, 1163.3 to and including 1163.5.

§ 27.32 Fuel oil

A. General.

Fuel oil shall be received, stored, and conveyed by means of fixed liquid‑tight equipment.

B. Storage tanks.

HOUSING CODE § 27.32

1. Fuel oil storage tanks shall rest on noncombustible supports that are maintained in a structurally sound condition.

2. Tanks subject to traffic shall be protected against vehicle damage.

3. Storage tanks inside buildings shall not be in a damaged or leaking condition.

4. Tanks shall be installed and maintained so as not to be a hazard to the premises served.

C. Storage tanks inside buildings.

1. Fuel oil storage tanks inside buildings shall be provided with liquid‑level indicating devices of fixed vapor‑tight construction.

2. The maximum capacity of an individual fuel oil storage tank unenclosed inside a building shall be five hundred fifty (550) gallons, and such tank shall be not less than five (5) feet horizontally from any fuel‑burning equipment.

3. Unenclosed fuel oil storage tanks shall not be located in garages exceeding one thousand (1000) square feet in area.

D. Piping.

1. Means for shutting off fuel flow shall be accessible and maintained in safe operating condition. Automatically operated boilers and furnaces using fuel oil shall be provided with remote control to stop the flow of oil during fire or other emergency. Such control shall be located outside the boiler room, or inside the boiler room at the entrance.

2. Filling, emptying, and venting of tanks shall be by means of fixed piping. Pipes to underground tanks shall be pitched toward tanks. Terminals of fill and vent pipes shall be located outside buildings at a safe distance from building openings.

3. Pipes for fuel oil entering buildings shall be protected from damage by settlement or corrosion.

§ 27.33 MUNICIPAL CODE

§ 27.33 Prohibited fuel

Gasoline shall be prohibited as fuel for heating and cooking except for camping and outdoor use.

§ 27.34 Heating

A. General.

In addition to the requirements of 1163.8 of Chapter C of the Uniform Code, the following regulations shall apply:

1. Buildings and structures intended or used for residential occupancy, during the period set forth in paragraph 2 of this Subdivision, shall be provided with heating equipment, of an approved fixed type, capable of producing and providing an indoor temperature of 68° F., measured at a distance of two (2) feet and more from exterior walls, and at a level of five (5) feet above the floor.

2. In one‑ and two‑family dwellings, not wholly owner occupied, and in all multiple dwellings, heat shall be provided whenever occupied during the period from September 15th to May 31st. Temperatures shall be maintained in habitable spaces, kitchenettes, toilet rooms, and bathrooms, as follows:

a. An indoor temperature of 68° F measured at a distance of two (2) feet and more from exterior walls and at a level of five (5) feet above the floor.

3. Fuel‑burning heat producing equipment shall not be located in exits.

4. Fuel‑burning water heaters shall not be located in sleeping rooms, bathrooms, or toilet rooms.

B. Air pollution.

Contaminants emitted into the atmosphere from fuel‑burning equipment shall not violate air pollution control regulations promulgated pursuant to State law, nor that of any other governmental authority having jurisdiction.

C. Warm air heating.

HOUSING CODE § 27.34

Ducts and air handling equipment used for heating shall conform to the requirements of Subdivisions E, F, and G(3) of § 27.40.

D. Portable heaters.

Portable heaters are governed by 1191.3d of Chapter C of the Uniform Code.

E. Fuel supply connection.

Fuel‑burning equipment shall be permanently fastened and connected in place. Fuel supply connection to such equipment shall be made with pipe or tubing of solid metal, or approved appliance connector.

F. Installation and clearance.

Where heat producing or cooking equipment is installed on, or adjacent to, combustible materials, the location, insulation, the temperature on the surface of the combustible materials will not exceed 175° F.

G. Air supply.

1. Fuel‑burning heating equipment and the enclosure in which it is located shall be provided with a supply of air adequate both, for complete combustion at the rated gross output of the equipment, and for the ventilation of the enclosure.

2. Rooms containing fuel‑burning equipment shall have such air supply provided by one or more openings to the exterior, or by fixed openings to interior spaces which open to the exterior.

H. Removal of products of combustion.

1. Equipment for burning solid or liquid fuel shall be connected to suitable chimneys or flues, and shall not be connected to gasvents.

2. Gas fired equipment shall be connected to a suitable chimney, flue, or gasvent. Where a gasvent is used, a permanent sign stating the type of heating equipment which may be connected to the gasvent shall be provided, and located where the gasvent passes through the wall or ceiling.

§ 27.34 MUNICIPAL CODE

I. Safety devices.

1. Equipment capable of developing hazardous pressures or temperatures shall be provided with devices to relieve safely such pressures and temperatures.

2. Controls for the safe operation of automatically operated heat producing equipment shall be provided to function as follows:

When failure or interruption of flame or ignition occurs, the fuel supply shall be cut off.

When a predetermined temperature or pressure is exceeded, the input of additional heat shall be prevented or reduced to a safe rate.

When the water level in a steam boiler drops below a predetermined level, the fuel supply shall be cut off.

When failure or interruption of pilot light or main burner of liquefied petroleum gas equipment occurs, the fuel supply to each pilot light and main burner shall be cut off.

3. Fuel‑burning space heaters located in bathrooms or toilet rooms less than one hundred (100) square feet in area, or in sleeping rooms, shall be provided with controls to cut off the fuel supply upon the failure or interruption of the flame or ignition, or whenever a predetermined temperature or pressure is exceeded.

J. Expansion tanks.

Hot water heating systems shall be provided with expansion tanks or other means to allow for the expansion of water in the system.

K. Heating of garages.

1. Fuel‑burning equipment for garages shall be located in heater rooms, except that equipment burning gas or liquid fuel, located in the vehicle storage space, shall be permitted in stories at or above grade where elevated as follows:

Suspended heaters shall be at least eight (8) feet above the floor level.

Floor mounted heaters shall be installed on a noncombustible

§ 27.37 MUNICIPAL CODE

4. Electrical wiring and equipment shall be protected against excessive current by approved, properly rated overcurrent protection devices. Overcurrent protection devices, of ratings higher than the ampacities of the conductors to be protected, shall not be used, except where expressly permitted by generally accepted standards. Where a circuit has been overfused, the Edison‑base plug fuse shall be replaced with a Type S plug fuse, of the proper rating, with a suitable fuse adapter.

5. Electrical service equipment and overcurrent protection devices shall be installed in a readily accessible location, and access to such location shall be kept unobstructed.

6. Electrical equipment shall be grounded, or otherwise protected by insulation, isolation, or guarding.

7. Parts of electrical equipment, which in ordinary operation produce arcs or sparks, shall be enclosed, unless separated and isolated from combustible material.

8. Flexible cord shall not be: run through holes in walls, ceilings, or floors; or run through doorways, windows, or similar openings; or attached to building surfaces; or concealed behind building walls, above ceilings, under floors or floor coverings.

B. Facilities.

1. A dwelling unit shall be supplied with at least one 15‑ampere lighting branch circuit for each multiple of four hundred (400) square feet of floor area, or fraction thereof.

2. Hotel units, lodging units, and dormitory units shall be supplied with at least one 15‑ampere lighting branch circuit for each multiple of six hundred (600) square feet of cumulative floor area, or fraction thereof.

3. Habitable spaces, except kitchens, shall be provided with at least one receptacle outlet for each multiple of twenty (20) feet, or fraction thereof, or the total distance around the room, measured horizontally along the wall at the floor line. An electric light outlet and fixture may be substituted for only one receptacle outlet.

4. Kitchens and kitchenettes shall be provided with at least two (2) receptacle outlets served by at least one 15‑ampere small appliance branch circuit. In addition, One electric light outlet and fixture shall be provided.

HOUSING CODE § 27.37

5. Bathrooms, toilet rooms, and laundry rooms shall be provided with at least one electric light outlet and fixture, and one receptacle outlet. Furnace rooms, storage rooms, work shops, and similar service rooms shall be provided with at least one electric light outlet and fixture.

6. Light switches or other devices, for controlling lights which illuminate entrances, shall be provided at points of entrance to dwelling units, hotel units, lodging units, and dormitory units.

C. Exit and directional signs.

1. Exits in multiple dwellings shall be provided with exit and directional signs, visible from the approach to the exits, except that such signs shall not be required in an apartment house, or in those portions of a multiple dwelling where exit from dwelling units, hotel units, lodging units, or dormitory units is directly to the outside.

2. Directional signs shall be provided at locations from which the exit doorway is not readily discernible.

3. Signs shall be worded in plainly legible block letters with the word EXIT for exit signs and the words TO EXIT with a suitable pointer or arrow indicating the direction of exit, for directional signs.

4. Any door, passageway, stair, or other means of communication that is not an exit, or that is not a way to an exit, but is so located as to be mistaken for an exit, shall be identified with a sign reading NOT AN EXIT, or identified by a sign indicating its use or purpose, or provided with a directional sign.

5. Letters for signs shall be conspicuous, readily discernible, and at least six (6) inches high with 3/4 inch strokes.

6. Signs shall be illuminated either externally or internally by electric lights, and be kept illuminated at all times when the building is occupied. Such electric lights shall be supplied with current from a separate circuit, or circuits which supply no other outlets.

§ 27.37 MUNICIPAL CODE

D. Overhead conductors.

1. Overhead electrical conductors, rated six hundred (600) volts or less, shall clear on‑premises areas as follows:

Location Clearance

Above streets, driveways, parking spaces,

and other use areas where motor vehicles

are permitted 18 feet

Above areas accessible to pedestrians only 10 feet

Above buildings and structures 8 feet

Horizontal clearance from any window, door,

porch, balcony, or other similar point of

access 6 feet

2. Metal fences, enclosures, or railings which enclose a swimming pool, and which could become energized through accidental contact with overhead electrical conductors, shall be properly grounded.

§ 27.38 Cooking and refrigeration

A. General.

1. There shall be provided within each dwelling unit approved type cooking and approved‑type refrigeration equipment located in a kitchen or kitchenette. If the Landlord does not provide cooking or refrigeration equipment, approved hook‑up fixtures shall be provided in convenient locations.

2. Approved‑type cooking shall be of the stationary type.

3. Electrical cooking and refrigeration equipment shall be properly connected to the electrical system.

4. Gas‑burning cooking and refrigeration equipment shall be connected to the gas supply system with pipe or tubing of solid metal, or approved appliance connectors.

5. Cooking and refrigeration equipment shall be maintained in good operating condition.

HOUSING CODE § 27.38

B. Ranges and gas refrigerators.

1. Ranges shall be installed with clearance for ventilation.

2. Water‑cooled gas refrigerators shall be prohibited.

3. Air‑cooled gas refrigerators shall be installed and maintained so that the burner operates properly, there is no emission of excessive heat or odors, there is no discharge of carbon monoxide, the flue is not internally clogged, the flue outlet is free of obstructions, and the refrigerator is not otherwise defective.

4. Air‑cooled gas refrigerators shall be equipped with:

a. An integral flue which is resistant to the corrosive action of flue gases;

b. A dust‑incinerating gas burner, gas pressure regulator, gas supply filter, and thermostat; and

c. A device to automatically shut off the gas supply to the burner when the pilot flame is extinguished.

C. Communal kitchens.

1. Communal kitchens shall be provided with kitchen equipment complying with the requirements of Table I.

2. Clear working space in front of such equipment shall be at least four (4) feet.

TABLE I ‑ COMMUNAL KITCHEN EQUIPMENT REQUIREMENTS

Number of occupants served

Equipment 12 and less 13 or more

Sink 24‑inch front Additional 24‑inch unit for each multiple of six occupants, or fraction thereof.

Range 4‑burners Additional 4‑burner unit for each

multiple of six occupants or fraction thereof.

§ 27.38 MUNICIPAL CODE

Equipment 12 and less 13 or more

Oven* 6 cubic feet Additional 6‑cubic foot unit for each multiple of six occupants, or fraction thereof.

Refrigerator 12 cubic feet Additional 1 cubic foot per occupant.

Storage 42 cubic feet Additional 1 ½ cubic feet per

cabinets occupant

* May be separate unit or part of range unit.

§ 27.39 Air conditioning and mechanical ventilation in one‑ and two‑family dwellings

Air conditioning and mechanical ventilation equipment and systems shall conform to the requirements of § 27.40, except that concealed spaces within the structure may be used for return air, in accordance with generally accepted standards.

§ 27.40 Air conditioning and mechanical ventilation in multiple dwellings

A. Refrigeration.

1. Mechanical refrigeration equipment shall be installed and maintained so as not to be a hazard from excessive pressure or refrigerant leakage.

2. Refrigerating equipment shall not be located in exits, except that self‑contained refrigerating units may be permitted in lobbies, corridors or passageways, provided that they do not obstruct or diminish the width of exits.

B. Refrigerants.

1. Refrigerants shall be normally nontoxic and nonflammable.

2. The amount of refrigerant contained in each direct refrigerating system shall not exceed the amount that in case of leakage may be contained safely, in accordance with generally accepted standards, in the space in which the equipment is located, or in the spaces in which the refrigerant would be dissipated.

HOUSING CODE § 27.40

3. Systems containing refrigerants exceeding the limit stated in paragraph 2 shall be of the indirect type.

4. Refrigerating equipment shall not be located in exits, except that self‑contained refrigerating units may be permitted in lobbies, corridors or passageways, provided that they do not obstruct or diminish the width of exits.

C. Safety controls.

Refrigerating equipment shall be provided with devices to relieve excessive pressures, safely.

D. Cooling towers.

Cooling towers shall be installed and maintained so that when in operation, noise, fog, or water spray will not cause a nuisance.

E. Mechanical ventilating systems.

1. Ventilating systems shall be installed and maintained so that the rapid spread of heat, flame, or smoke through the system will be prevented.

2. Shafts, other than those designed for ventilating purposes, stairways, passageways, exits, hoistways, or attics, shall not be used as plenum chambers.

3. Ducts shall be securely fastened in place and appropriately firestopped.

4. Ducts and other air handling equipment shall be of noncombustible material.

5. Filters shall be installed and maintained so as not to constitute a fire or smoke hazard.

6. Ducts passing through or located within combustible construction shall be separated from such construction by a clearance of at least one‑half (1/2) inch or by a noncombustible insulating material at least one‑quarter (1/4) inch thick.

7. Ducts passing through fire walls shall be equipped with a fire damper or shutter on each side of the fire wall. Ducts passing through other fire separations shall be equipped with a single fire

§ 27.40 MUNICIPAL CODE

damper or shutter.

8. Air required for ventilation shall be taken from the exterior or shall be quality‑controlled, including an amount of exterior air equal to not less than one air change per hour.

9. Exhaust air from a dwelling unit, or a space whose contents may emit odors, fumes, or vapors, shall not be circulated to another dwelling unit or to other spaces within the building.

F. Air intake and exhaust openings.

1. Air intake openings shall be installed, located, and maintained to prevent the possibility of fire, smoke, fumes, or foreign matter being drawn into the system.

2. Air exhaust openings shall be installed, located, and maintained so that exhaust air will not constitute a hazard or nuisance.

3. Ventilating systems shall be provided with adequate openings for incoming and outgoing air to obtain the required circulation. Intake openings shall provide for air to be received from an uncontaminated source.

4. Where openings for mechanical exhaust are located in spaces that also contain fuel‑burning equipment, there shall be provided fixed intake openings from the exterior to supply sufficient air so that the fuel‑burning equipment is not adversely affected.

G. Ventilation requirements.

1. Enclosures or spaces, where heat, gases, vapors, or odors accumulate and may become a hazard or nuisance, shall be provided with mechanical ventilation to remove such excess.

2. Cooking equipment in central kitchens shall be provided with mechanical exhaust systems which are not connected with any other exhaust system. Such systems shall be provided with equipment or filters to prevent the entry of flammable materials into ducts. Openings shall be provided to permit easy inspection and cleaning. System shall be installed and maintained so that in the event of fire the danger of spread to other parts of the building is minimized.

HOUSING CODE § 27.40

3. Mechanical ventilating systems shall be installed and maintained so that the temperature and velocity of the air coming into contact with occupants does not constitute a health hazard.

4. Required mechanical ventilation shall be provided in accordance with Table II.

TABLE II ‑ MECHANICAL VENTILATION REQUIREMENTS

Space Minimum Ventilation

Shower rooms, locker rooms, dressing 6 air changes per hour

rooms

Recreation rooms 2 air changes per hour

Lounges, reception rooms, dining rooms,

meeting rooms 4 air changes per hour

Workshops, service rooms, paint storage

rooms, utility service rooms 1 air change per hour

Laundry rooms 2 air changes per hour

Central kitchens 4 air changes per hour

Hoods for cooking equipment in central 100 cfm per square foot

kitchens of hood

Central dining rooms 4 air changes per hour

Garage areas:

above grade exceeding 1000 sq. ft. 4 air changes per hour

below grade 6 air changes per hour

Passageways, hallways, corridors and

stairways:

above grade 1/2 air change per hour

below grade 1 air change per hour

H. Safety controls.

Safety controls shall conform to 1004.2e of the Uniform Code.

§ 27.41 MUNICIPAL CODE

§ 27.41 Fire protection in multiple dwellings

A. General.

1. Fire protection equipment, including fire alarm, fire detecting, watchman, sprinkler, and standpipe systems and portable fire extinguishers, shall be maintained in proper operating condition at all times.

2. Sprinkler and standpipe systems shall have an adequate water supply available at all times.

3. Fire department connections shall be conspicuously identified and maintained readily accessible for fire department use.

B. Fire alarm and fire detecting systems.

Fire alarm and fire detecting systems shall be suitable for their respective purposes. Equipment and devices, comprising such systems, shall be of the approved type, and conform to generally accepted standards.

C. Sprinkler systems.

1. Sprinkler systems shall be maintained in good condition, free from mechanical injury. Sprinkler heads shall be maintained clean, free of corrosion and paint, and not bent or damaged.

2. Valves controlling water supply to sprinklers shall be secured in the open position.

3. Supports for piping and equipment shall be structurally sound.

4. Portions of the system subject to freezing shall be appropriately protected.

5. Storage of materials shall not interfere with the effective discharge of water from the sprinkler heads.

6. Water supply for the sprinklers shall be adequate to effectively extinguish the fire or confine it without spread.

D. Standpipe systems.

HOUSING CODE § 27.42

1. Gate valves at hose stations shall be maintained tight against leaks.