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