Chapter 179

Chapter 179
HOUSING STANDARDS
[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia 1-26-1970. Amendments noted where applicable.]
GENERAL REFERENCES
Plumbing Board — See Ch. 55.
Unsafe buildings — See Ch. 105.
Electrical standards — See Ch. 129.
Fire prevention and building construction — See Ch. 151.
Littering — See Ch. 193.
Property maintenance — See Ch. 223.
Sewers — See Ch. 237.
Solid waste — See Ch. 253.
Trailer parks — See Ch. 269.
Water — See Ch. 287.
Zoning — See Ch. 297.

Part 1
Residential Premises
ARTICLE I
General Provisions
§ 179-1. Title.
This Part 1 shall be known as “Housing Standards Applicable to Residential Premises in the Village of Fredonia, New York.”
§ 179-2. Purpose.
The purpose of this Part 1 is to provide basic and uniform standards, in terms of performance objectives implemented by specific requirements, governing the condition, occupancy and maintenance of residential premises and establishing reasonable safeguards for the safety, health and welfare of the occupants and users thereof.
§ 179-3. Applicability.
This Part 1 shall apply to residential premises as follows:
A. Lots, plots or parcels of land on which residential buildings, buildings of mixed occupancy or accessory structures are located.
B. Residential buildings, including one- and two-family dwellings and multiple dwellings, except as specifically excluded in § 179-4.
C. Residential occupancies in buildings of mixed occupancy.
D. Accessory structures, accessory to residential occupancies.
§ 179-4. Exceptions.
This Part 1 shall not apply to mobile homes and mobile home courts or to transient-type occupancies and uses, including but not limited to nursing and convalescent homes, hotels, motels, tourist camps, farm labor camps, travel trailers and trailer parks and other forms of temporary housing.
§ 179-5. Effect of other provisions.
A. The provisions of this Part 1 shall supersede local laws, ordinances, codes or regulations to the extent that such laws, ordinances, codes or regulations are inconsistent with the provisions of this Part 1, provided that nothing herein contained shall be construed to prevent the adoption and enforcement of a law, ordinance, code or regulation which is more restrictive or establishes a higher standard than those provided in this Part 1, and such more restrictive requirement or higher standard shall govern during the period in which it is in effect.
B. Where a provision of this Part 1 is found to be in conflict with a provision of a zoning, building, electrical, plumbing, fire, safety, health, water supply or sewage disposal law or ordinance or regulation adopted pursuant thereto or other local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.
§ 179-6. Conformity with state laws and regulations.
Installations, alterations and repairs to residential premises and materials, assemblies and equipment utilized in connection therewith shall be reasonably safe to persons and property and in conformity with applicable statutes of the State of New York and orders, rules and regulations issued by authority thereof. Conformity of such work, materials, assemblies or equipment with the applicable requirements of the New York State Uniform Fire Prevention and Building Code shall be prima facie evidence that the same is reasonably safe to person and property.
§ 179-7. Definitions.
As used in this Part 1, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE — A structure, the use of which is incidental to that of the residential building and which is located on the same premises.
ACCESSORY USE — A use, occupancy or tenancy customarily incidental to the principal use or occupancy of a residential building. Such “accessory uses” may include, among others, the following:
A. Offices for the building management.
B. Dining rooms, banquet rooms, public kitchens and ballrooms.
C. Recreation and play rooms.
D. Laundries for the use of tenants and occupants and in connection with the management and operation of a residential building.
E. Maintenance and work shops and storage rooms for linen, bedding, furniture, supplies and tenants’ equipment and effects.
F. Rooms or space for the incidental sale or display of merchandise to occupants and tenants, such as newspaper, candy and cigar stands.
G. Garages within a residential building or on the premises thereof used primarily for the storage of passenger-type motor vehicles.
APPROVED — Approved by the administrative officer under the regulations of this Part 1 or approved by an authority designated by law or this Part 1.
BASEMENT — That space of a building that is partly below grade which has more than half its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.
BATHROOM — Enclosed space containing one or more bathtubs or showers, or both, and which may also contain water closets, lavatories or fixtures serving similar purposes. See the definition of “toilet room.”
BUILDING — A structure wholly or partially enclosed within exterior walls or within exterior or party walls and a roof, affording shelter to persons, animals or property.
CELLAR — That space of a building that is partly or entirely below grade which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.
DWELLING, ONE-FAMILY — A building containing not more than one dwelling unit occupied exclusively for residential purposes.
DWELLING, TWO-FAMILY — A building containing not more than two dwelling units occupied exclusively for residential purposes.
DWELLING UNIT — One or more rooms with provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one family.
EXIT — A way of departure from the interior of a building or structure to the exterior at street or grade, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape.
FAMILY — A household constituting a single housekeeping unit occupied by one or more persons.
GENERALLY ACCEPTED STANDARD — A specification, code, rule, guide or procedure in the field of construction or related thereto, recognized and accepted as authoritative.
GRADE, FINISHED — The natural surface of the ground or the surface of the ground after completion of any change in contour, abutting building or premises.
HABITABLE SPACE — Space occupied by one or more persons for living, sleeping, eating or cooking. Kitchenettes shall not be deemed to be “habitable space.” See the definitions of “nonhabitable space,” “public space” and “exit.”
INFESTATION — The presence, within or contiguous to a dwelling, dwelling unit, lodging house, lodging unit or premises, of insects, rodents, vermin or other pests.
KITCHEN — Space, 60 square feet or more in floor area with a minimum width of five feet, used for cooking or preparation of food.
KITCHENETTE — Space, less than 60 square feet in floor area, used for cooking or preparation of food.
LODGING HOUSE — A multiple dwelling used primarily for the purpose of furnishing lodging, with or without meals, for compensation.
LODGING UNIT — A room or group of rooms forming a single habitable unit, used or intended to be used for lodging.
MIXED OCCUPANCY — Occupancy of a building in part for residential use and in part for some other use not accessory thereto.
MULTIPLE DWELLING (See § 179-4 for certain multiple dwellings not within scope of this chapter.)
A. A building containing three or more dwelling units.
B. A building containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families.
C. A building with one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants.
D. A building with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house or for similar uses.
E. A building used or occupied as a convalescent, old-age or nursing home, but not including private or public hospitals or public institutions.
MULTIPLE RESIDENCE — See the definition of “multiple dwelling.”
MUNICIPALITY — A city, town or village.
NONHABITABLE SPACE — Space used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms, closets and other spaces for service and maintenance of the building and those spaces used for access and vertical travel between stories. See definitions of “habitable space,” “public space” and “exit.”
PLUMBING SYSTEM — The water supply system, the drainage system, the vent system, fixtures and traps, including their respective connections, devices and appurtenances within the property lines of the premises.
POTABLE WATER — Water which is approved for drinking, culinary and domestic purposes.
PUBLIC SPACE — Space within a residential building for public use, such as lobbies, lounges, reception, ball, meeting, lecture and recreation rooms, banquet and dining rooms and their kitchens, and swimming pools.
SEWAGE — Liquid waste containing animal or vegetable matter in suspension or solution and which may include industrial wastes and liquids containing chemicals.
STRUCTURE — An assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings.
TOILET ROOM — Enclosed space, containing one or more water closets, which may also contain one or more lavatories, urinals and other plumbing fixtures. See the definition of “bathroom.”
VENTILATION — Supply and removal of air to and from a space by natural or mechanical means.
VENTILATION, MECHANICAL — Ventilation by power-driven devices.
VENTILATION, NATURAL — Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks with or without wind-driven devices.
ARTICLE II
Space Requirements
§ 179-8. Compliance required.
Buildings occupied in whole or in part, as defined in this Part 1, shall comply with the requirements hereinafter set forth concerning occupancy, size, light and ventilation in order to provide safe and healthful environment.
§ 179-9. Accessory uses.
The term “accessory use” shall have a uniform meaning and shall apply in the same manner and under the same conditions or restrictions to all residential buildings.
§ 179-10. Occupancy classification of buildings.
Buildings, for the purpose of this Part 1, shall be classified in respect to their occupancies as follows:
A. One- and two-family dwellings:
(1) Buildings containing one or two dwelling units with fewer than four lodgers residing with a family in either one of such dwelling units.
B. Multiple dwellings:
(1) Buildings containing one or two dwelling units with more than four lodgers with a family in either one of such dwelling units.
(2) Buildings containing three or more dwelling units.
(3) Apartment houses and apartment hotels.
(4) Lodging houses.
(5) Buildings with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house, or for similar uses.
(6) Garden apartments.
C. Accessory structures.
(1) Garages, carports and similar type structures on residential premises.
§ 179-11. Determination of maximum occupancy.
A. In dwelling units, the maximum number of occupants shall be limited to the number determined on the basis of the floor areas of habitable rooms, other than kitchens, as follows:
(1) One occupant per room having a floor area of at least 80 but less than 120 square feet.
(2) Two occupants per room having a floor area of at least 120 but less than 180 square feet.
(3) Three occupants per room having a floor area of 180 or more square feet.
B. In lodging units, the maximum number of occupants shall be limited to the number determined on the same basis as for dwelling units.
C. In buildings occupied as clubs, dormitories or sorority or fraternity houses and providing sleeping accommodations for more than five persons, the maximum number of occupants so accommodated in any habitable room shall be limited to the number determined on the basis of the floor area, in square feet, of the room divided by 50 square feet per occupant.
§ 179-12. Prohibited use of space.
A. It shall be prohibited to use for sleeping purposes any kitchen, nonhabitable space or public space.
B. It shall be prohibited in lodging houses to use for dining purposes any communal kitchen containing less than 100 square feet of floor area or any nonhabitable space or public space other than dining space.
C. It shall be prohibited to prepare or eat meals in lodging units.
D. It shall be prohibited to use any cellar space as habitable space.
E. Purpose. The purpose of this subsection is to prohibit the use of any roof, porch roof or balcony of any building in such a manner as to create a condition that may imperil the safety, life, or cause injury to any person, such as, but not limited to, using the roof or porch or balcony of a building for partying, drinking, congregating for demonstrations or meetings in such a manner which creates a condition which may imperil the life of any person or cause injury to any person. [Added 4-21-2014 by L.L. No. 2-2014]
(1) No owner or tenant of any premises or any other person shall use, permit, or allow the use of a roof or porch roof or balcony of a building in a manner prohibited by § 179-12E above. Notwithstanding any inconsistent provision of this chapter, the Fredonia Police are hereby authorized to enforce the provisions of this subsection. This subsection shall apply to any dwelling, garage or any building used for a business. A violation of this subsection shall constitute a violation punishable by a fine not exceeding $500.
(2) Presumption. Any person using a roof, porch roof or balcony and engaging in any of the activities in the manner set forth in § 179-12E above shall be presumed to have imperiled the life of any person or cause injury to any person.
§ 179-13. Habitable space.
A. Size.
(1) Habitable space shall have a minimum ceiling height of seven feet six inches over 50% of the floor area; and the floor area where the ceiling height is less than five feet shall not be considered in computing floor area.
(2) A dwelling unit shall contain at least one habitable room having a minimum of 150 square feet of floor area and a minimum horizontal dimension of 10 feet.
(3) Kitchens shall have a minimum of 60 square feet of floor area, and other habitable spaces shall contain not less than 80 square feet of floor area and shall have a minimum horizontal dimension of seven feet.
(4) Every alcove less than 60 square feet in area, except a cooking space or foyer, shall be deemed to be part of a habitable room. The area of the opening in the dividing partition between the alcove and the room shall be at least 80% of the wall area of such partition, measured on the alcove side, but not less than 40 square feet. The depth of such alcove shall not exceed half its width. The floor area of the alcove shall be added to the floor area of the room in determining light and ventilation requirements for the room. An alcove with an area of 60 square feet or more but less than the required area of a habitable room shall be separately lighted and ventilated as required for habitable space.
B. Basements. Basements shall not be deemed habitable space where required windows are located only on one wall and the depth of the basement space exceeds four times its clear height.
C. Light and ventilation.
(1) Habitable space shall be provided with natural light through one or more windows, skylights, transparent or translucent panels, or any combinations thereof, that face directly on legal open spaces at least six inches above the adjoining finished grade or which are above a roof. The amount of light shall be equivalent to that transmitted through clear glass equal in area to 10% of the floor area of the habitable space.
(2) Habitable space shall be provided with artificial light.
(3) Habitable space shall be provided with natural ventilation through openable parts of windows or other openings in exterior walls that face legal open spaces above the adjoining finished grade or above a roof or through openable parts of skylights providing total clear ventilation area equal to not less than 5% of the total floor area of each habitable space.
(4) Habitable space may also be provided with mechanical ventilation, in addition to natural ventilation.
D. Miscellaneous requirements.
(1) Dwelling units shall be separated from each other and from other spaces outside the dwelling unit.
(2) Sleeping rooms within dwelling units shall be separated from each other and from other spaces outside the sleeping rooms to provide privacy.
(3) Lodging units shall be separated from each other and from other spaces outside the lodging units.
(4) A communal kitchen or dining room in a lodging house shall be accessible to the occupants sharing such kitchen or dining room without going through a dwelling unit or lodging unit of another occupant.
§ 179-14. Public space.
A. Height. Public space shall have a minimum height of seven feet six inches measured from finished floor to finished ceiling.
B. Light and ventilation.
(1) Public spaces shall be provided with artificial light.
(2) In public stairs, stairways and passageways, artificial light shall be electric lighting available at all times so as to afford safe passage for occupants and users. Such lighting shall conform to the following:
(a) A sufficient number of fixtures shall be provided so that the distance between fixtures is not more than 30 feet and so that no wall is more than 15 feet distant from a fixture.
(b) Incandescent lighting shall be based on not less than 1/4 watt per square foot of floor area, except that each fixture shall have a lamp or lamps with a total of not less than 25 watts.
(c) Fluorescent lighting shall be based on not less than 1/10 watt per square foot of floor area, except that each fixture shall have a lamp or lamps with a total of not less than 25 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.
C. Public spaces shall be provided with either natural ventilation, conforming to the requirements for habitable space, or with mechanical ventilation.
§ 179-15. Nonhabitable space.
A. Height. Nonhabitable space, except crawl spaces and attics, in multiple dwellings shall have a minimum height of seven feet measured from floor to ceiling.
B. Toilet rooms and bathrooms.
(1) Toilet rooms and bathrooms in one- and two-family dwellings shall have provisions for privacy.
(2) Toilet rooms and bathrooms for dwelling units in multiple dwellings shall be located within the dwelling units and shall be accessible from any sleeping room without passing through any other sleeping room.
(3) Unless located within dwelling units or directly connected with sleeping rooms, toilet rooms and bathrooms in multiple dwellings shall be provided in each story containing habitable space and shall be accessible thereto.
(4) Toilet rooms for employees in multiple dwellings shall be in separate rooms for each sex where there are five 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.
(5) In one- and two-family dwellings, bathrooms and toilet rooms shall be provided with floors of moisture-resistant material.
(6) In multiple dwellings, floors of bathrooms, toilet rooms and similar spaces shall be waterproof; such waterproofing shall extend six inches or more above floors, except at doors, so that floors can be flushed or washed without leaking.
C. Light and ventilation.
(1) Kitchenettes, bathrooms and toilet rooms shall be provided with artificial light appropriate for the use of such rooms.
(2) Laundry rooms, furnace rooms and similar nonhabitable space shall be provided with artificial light appropriate for the intended use of such rooms.
(3) Stairs shall be provided with artificial light to allow safe ascent or descent.
(4) Kitchenettes, bathrooms and toilet rooms shall be provided with ventilation in accordance with either of the following:
(a) Natural ventilation as required for habitable space, except that such openable areas shall be not less than one and one-half (1 1/2) square feet for bathrooms or toilet rooms and not less than three square feet for kitchenettes; or
(b) Mechanical ventilation exhausting not less than 25 cubic feet per minute for bathrooms and toilet rooms and not less than 100 cubic feet per minute for kitchenettes.
(5) Spaces in multiple dwellings which contain central heat-producing, air-conditioning and other equipment shall be ventilated to the outer air, and air from these spaces shall not be recirculated to other parts of the building.
(6) Ventilation shall be provided in unheated attics, spaces below flat roofs and crawl spaces. Location and net areas of ventilation openings shall be such as to minimize deterioration of structural members from condensation or other causes, in conformity with generally accepted standards.
§ 179-16. Stairs and railings.
A. Stairs, both interior and exterior, shall be of sufficient width in conformity with generally accepted standards so as to serve the occupants.
B. Railings shall be provided on open portions of stairs, balconies, landings and stairwells.
§ 179-17. Exits.
A. Safe, continuous and unobstructed exit shall be provided from the interior of the building to the exterior at street or grade level.
B. Exits shall be arranged, constructed and proportioned so that occupants may escape safely from the building in case of emergency.
C. In one- and two-family dwellings, in addition to a primary exit from the building, there shall be provided a secondary exit or, in lieu thereof, one or more exit openings for emergency use.
D. In multiple dwellings, approved exits shall be provided.
ARTICLE III
Structural Requirements
§ 179-18. Structural maintenance and safety.
A. Buildings and parts thereof shall be maintained so as to be capable of sustaining safely their own weight and the loads to which they may be subject.
B. Buildings shall be maintained so that loads are transmitted to the soil without undue differential settlement, unsafe deformation or movement of the building or of any structural part.
C. Buildings shall be maintained so that protection is provided for all structural members which may become structurally unsound if left unprotected. Causes of such deterioration include, among others, action of freezing and thawing, dampness, corrosion, wetting and drying and termites and other destructive insects.
D. Buildings built in soil which is water-bearing at any season of the year shall be maintained so that ground- and surface water will not penetrate into habitable spaces, basements and cellars.
§ 179-19. Exterior protection.
A. Foundation walls shall be maintained so as to be structurally sound and to prevent entrance of moisture, termites and vermin. Such protection shall consist of shoring where necessary, subsoil drains at footings, grouting of masonry cracks, waterproofing of walls and joists and other suitable means.
B. Exterior walls and wall components shall be maintained so as to prevent deterioration due to the elements and destructive insects. Such maintenance shall consist of painting, installation or repair of walls, copings and flashings, waterproofing of joints, waterproof coatings, installation or repair of termite shields, poison treatment of soil or other suitable means.
C. Roofing shall be maintained in watertight condition so as to prevent leakage into the building. Such maintenance shall consist of repairs of roofing, flashings, waterproof coatings or other suitable means.
§ 179-20. Interior protection.
A. Crawl spaces shall be maintained free of moisture, and the flow of air from such spaces into walls above shall be effectively barred so as to prevent deterioration of structural members. Such provisions shall consist of maintenance of openings in foundation walls to provide adequate circulation of air in the crawl space, covering the ground in the crawl space with a moisture barrier, installation of drains outside the structure if the crawl space is below surrounding grade, blocking openings in stud walls to prevent flow of air and moisture into walls, frequent destruction of termite tubes from the soil to wood floor members above, poison treatment of soil and other suitable means.
B. Structural members shall be maintained so as to be structurally sound. Such protection shall consist of shoring, reinforcement or repair where necessary, frequent destruction of termite tubes or other appropriate means.
C. Chimneys and flues shall be maintained so as to be structurally sound and to prevent leakage of gases into the structure. Such maintenance shall consist of clearing flue stoppages, sealing open joints, repairing masonry where necessary and other suitable means.
D. Ceilings and walls shall be maintained so that parts which become loose or defective do not constitute a hazard to occupants. Such maintenance shall consist of removing and replacing loose or defective sections.
E. Toilet room and bathroom floors shall be maintained so as to prevent leakage of water through the floor, under normal conditions of use and floor washing, and resultant deterioration or defects in structural members and ceilings below. Maintenance shall consist of repairs which effectively provide the moistureproof and waterproof qualities required for the particular floor.
ARTICLE IV
Firesafety Requirements
§ 179-21. Accumulation and storage of materials.
It shall be prohibited to accumulate or store any of the following:
A. On residential premises, except in approved locations, any highly flammable or explosive matter, such as paints, volatile oils, cleaning fluids and similar materials, or any combustible refuse liable to spontaneous combustion, such as wastepaper, boxes, rags or similar materials.
B. Materials on fire escapes or stairs, in stairways or passageways, at doors or windows or in any other locations where, in the event of fire, such materials may obstruct egress of occupants or interfere with fire-fighting operations.
§ 179-22. Prevention of fire spread.
A. Walls and ceilings shall be maintained free from cracks and openings which would permit flame or excessive heat to enter the concealed space.
B. In buildings of mixed occupancy, nonresidential space shall be separated from residential space by approved fire separations which will retard the spread of fire.
C. Garages in or attached to a residential building shall be separated from other spaces in the building by approved fire separations which will retard the spread of fire and prevent flammable or toxic vapors originating within the garage from being transmitted to other parts of the building.
§ 179-23. Interior finish materials, trim and decorative treatments.
Interior finish materials for acoustical correction, surface insulation and decorative treatment on the surfaces of walls and ceilings and interior trim shall be of materials that will not, in burning, give off excessive amounts of smoke or objectionable gases.
§ 179-24. Fireplaces.
A. Fireplaces and similar construction used or intended to be used for burning fuel in open fires shall be connected to approved chimneys and shall be installed so that nearby or adjacent combustible material and structural members shall not be heated to unsafe temperatures.
B. Hearths and linings or other parts of fireplaces exposed directly to flame shall be of materials that will not melt, disintegrate, spill or shatter at high temperatures.
C. Wood mantels and trim on fireplaces shall be placed and attached so that they cannot be heated to unsafe temperatures or ignited by sparks or embers from the fire.
§ 179-25. Smoke detectors. [Added 8-23-1982 by L.L. No. 7-1982]
A. Definitions. As used in this section, the following terms shall have the meanings indicated:
SINGLE-STATION SMOKE DETECTOR (HEREINAFTER REFERRED TO AS A “SMOKE DETECTOR”) — An assembly comprised of a photoelectric- or ionization-type smoke detector, control equipment and audible alarm in one unit which can detect smoke and, upon detection, activate an alarm and which shall contain the Underwriters’ Laboratories, Inc., listing.
B. In all rental dwellings within the Village of Fredonia, at least one smoke detector shall be installed within four feet of the entrance to each bedroom and shall be located on or within one foot of the ceiling.
C. The smoke detector shall be designed and installed so as to avoid dead air space, to detect smoke and to activate the alarm and to be reasonably free from false alarm.
D. The smoke detector alarm shall be clearly audible in adjacent sleeping spaces with intervening doors closed.
E. The smoke detector may be battery operated or operated by one-hundred-ten-volt alternating current.
(1) Batteries shall be properly maintained and replaced annually or sooner if needed.
(2) One-hundred-ten-volt-operated smoke detectors shall be directly connected to the lighting circuit of the dwelling unit with no intervening wall switch. Cord-connected installations are permissible but not in lieu of a permanent type installation as above stated.
F. A fire and/or smoke detecting system installed in conformity with the New York State Uniform Fire Prevention and Building Code shall be permitted in lieu of the single-station smoke detector.
G. Responsibility. The smoke detectors required by this section shall be installed by the owner of the rental unit. The maintenance of the smoke detector shall be the responsibility of the occupant unless the premises is a hotel, motel or lodging house, in which case the owner shall be responsible for the installation and maintenance of fire detectors.
H. This section shall apply to all rental dwellings, whether single-, double- or multiple-dwelling units, within the Village of Fredonia, and such dwelling units shall be required to be in compliance with this section within 12 months from the effective date of this section.
I. Any person, firm or corporation who violates a provision of this section shall be guilty of an offense and, upon conviction, shall be liable to pay to the Village of Fredonia a fine not to exceed $500. Each and every day that said violation continues after written notice of said violation shall constitute a separate offense punishable by a like fine or penalty.
J. If any state or federal regulation requiring smoke detectors has more stringent standards than this section, then the more stringent provisions of such state or federal regulation shall apply.
ARTICLE V
Equipment Requirements
§ 179-26. Safety requirements.
A. Plumbing, heating, electrical, ventilating, air-conditioning, refrigerating, cooking, fire protection and radiation production equipment, elevators, dumbwaiters, escalators and other mechanical additions, installations or systems for the use of the building shall be installed, located and maintained so that under normal conditions of use such equipment and systems will not be a danger to health or welfare, a danger because of structural defects or a source of ignition or a radiation hazard and will not create excessive noise or otherwise become a nuisance. Equipment and systems include but are not limited to apparatus, devices, fixtures, piping, pipe hangers, pipe covering, wiring, fittings and materials used as part of or in connection with such installations.
B. Equipment and systems subject to damage from freezing shall be adequately protected against freezing.
C. Moving parts of equipment which may be a potential hazard shall be guarded to protect against accidental contact.
§ 179-27. Plumbing.
A. General requirements.
(1) Plumbing systems shall be maintained in sanitary and serviceable condition.
(2) Plumbing systems shall be maintained so as not to weaken structural members nor cause damage or deterioration to any part of the building through fixture usage.
B. Water supply.
(1) Potable water from an approved source shall be available at all times in residential buildings. The domestic water supply system of the building shall be connected to such approved source and shall not be subject to contamination. When supplied from a public source, the potable water supply system shall not be connected to private or unsafe water supplies.
(2) Water supply systems shall be installed and maintained so as 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 and without undue noise under all normal conditions of use.
(3) Water supply systems shall be installed and maintained so that water used for purposes of cooling or heating shall not be reintroduced into the domestic water supply system nor be distributed through such equipment to plumbing fixtures.
(4) Hot-water supply systems shall be provided with safety devices arranged to relieve hazardous pressures and excessive temperatures.
C. Sewage drainage system.
(1) Plumbing fixtures shall be drained to a sewage drainage system, and such system shall be connected to a public sewer or to an adequate and approved system of sewage disposal.
(2) Where a public sewer is not available, a system shall be provided to receive and dispose of sewage without health hazard or nuisance.
(3) Sewage or other waste which may be deleterious to surface or subsurface waters shall not be discharged into the ground or into a waterway unless it has first been rendered harmless through subjection to treatment in conformity with generally accepted standards.
(4) Substances which will clog the pipes, produce explosive mixtures, destroy the pipes or their joints or interfere unduly with the sewage disposal process shall not be discharged into the building drainage system unless it is provided with approved devices suitable for intercepting such substances.
(5) Each fixture directly connected to the sewage drainage system shall be equipped with a water seal trap.
(6) Adequate cleanouts shall be provided and maintained so that the pipes may be readily cleaned.
(7) The drainage system and its attendant vent piping shall be maintained so as to provide adequate circulation of air in all pipes in order that siphonage, aspiration or pressure will not cause a loss of trap seal under ordinary conditions of use.
(8) Each vent terminal to the outer air shall be installed and maintained so as to minimize the possibilities of clogging, frost closure, the return of foul air to the building or the creation of a nuisance to adjacent premises.
(9) Drains provided for fixtures, devices, appliances or apparatus containing food, water, sterile goods or similar materials shall be equipped with air breaks, adequate to prevent contamination of such contents from any possible backup of sewage through the direct or indirect drainage piping.
D. Storm drainage.
(1) Roofs and paved areas, including yards and courts, shall be drained. Storm drainage shall be conveyed to an adequate and approved system of stormwater disposal where available. Storm drains shall be discharged in such manner that water will not flow onto sidewalks.
(2) Where a drainage system may be subject to backwater, suitable provision shall be made to prevent its overflow into the building.
(3) Leaders and gutters, if used, shall be constructed of noncombustible material, except that wood leaders and gutters may be used for buildings not more than three stories high.
E. Plumbing facilities.
(1) Buildings and portions thereof 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. In multiple dwellings, hot water shall be furnished at a temperature range of 130° F. to 140° F. from 6:00 a.m. to 12:00 midnight.
(2) 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.
(3) Where multiple dwellings contain sleeping accommodations arranged as individual rooms or suites, for each multiple of six sleeping rooms or fraction thereof, there shall be provided plumbing fixtures consisting of at least one water closet, one bathtub or shower and one lavatory.
(4) Where multiple dwellings contain sleeping accommodations arranged as a dormitory, for each multiple of 15 persons or fraction thereof so accommodated, there shall be provided and located adjacent thereto plumbing fixtures consisting of at least one water closet, one bathtub or shower and one lavatory.
(5) Urinals may be substituted in men’s toilet rooms for not more than 1/3 of the required number of water closets.
(6) Privies, privy vaults and outhouses shall be prohibited on residential premises.
F. Plumbing fixtures.
(1) Plumbing fixtures shall be made of smooth nonabsorbent material and shall be free from concealed fouling surfaces.
(2) Plumbing fixtures shall be so spaced as to be reasonably accessible for their intended use.
(3) Plumbing fixtures shall be located in spaces that are accessible, lighted and ventilated.
G. Swimming pools.
(1) The water supply used for the filling or cleaning of the pool shall be clean. The water supply shall be protected against potential pollution from all sources, including cross-connection and backflow.
(2) Drains shall be provided so that the pool can be safely and adequately drained. Drains shall be provided in floors surrounding the swimming pool and arranged so that water from such areas will drain without entering the pool.
(3) Filtering, sterilizing and auxiliary equipment, where required, 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 arranged and maintained to prevent dirt, sand or other foreign matter from entering the bathing area.
H. Water supply tanks.
(1) Water supply tanks shall be installed and maintained so as to be watertight, verminproof, rodentproof, resistant to corrosion and capable of withstanding the working pressures under normal operation.
(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.
(4) Means for emptying water supply tanks shall be provided and maintained in proper working condition.
(5) Potable water supply tanks for domestic supply and standpipe or automatic sprinkler systems shall be installed and maintained to furnish water in sufficient quantity and pressure for such systems.
§ 179-28. Fuel gas.
A. General requirements.
(1) Fuel gas piping systems shall be installed and maintained so as to remain gastight, 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 the installed gas-burning appliances connected thereto.
B. Shutoff valves.
(1) Gas piping systems shall have at least one accessible means for shutting off all gas supply, and such means shall be maintained in good operating condition.
(2) An easily accessible shutoff valve or cock shall be provided in the piping in close proximity to and ahead of every outlet for a gas appliance.
C. Service equipment for gas supplied from utility mains. Gas services, gas meters and gas pressure regulators shall be located so that they are protected from damage.
D. Gas refrigerators and ranges. Gas refrigerators and ranges shall be installed with clearance for ventilation and shall be maintained in good operating condition.
E. High pressure gas. Any service connection supplying gas at a pressure in excess of one pound per square inch (psi) gage shall be provided with a device to reduce such pressure to not more than 1/2 psi gage prior to entering the meter, except where such service supplies equipment using gas at high pressures.
F. Liquefied petroleum gas.
(1) Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems in buildings.
(2) Liquefied petroleum gas shall not be vaporized by devices utilizing open flame or open electrical coil.
(3) Where two or more containers are installed, connection shall be arranged so that containers can be replaced without shutting off the flow of gas to equipment.
(4) Containers shall be designed, stored and located so as not to be a hazard to the premises served or to the surrounding property.
(5) Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.
(6) Systems shall have at least one accessible means for shutting off the gas. Such means shall be located outside the building and shall be maintained in good operating condition.
§ 179-29. Heating.
A. General requirements.
(1) Residential buildings intended for occupancy between the first day of November and the first day of May of the following year shall be provided with heating equipment designed to maintain a temperature of not less than 70° F. at a distance of three feet and more from exterior walls and at a level of five feet above the floor in habitable spaces, kitchenettes, bathrooms and toilet rooms. The capability of the heating equipment to maintain such indoor temperature shall be based on the average of the recorded annual minimum outside temperatures for the locality.
(2) In multiple dwellings, adequate heat shall be provided to maintain the indoor temperature in habitable spaces, kitchenettes, bathrooms and toilet rooms at 70° F. from 6:00 a.m. to 11:00 p.m. when the outside temperature falls below 55° F..
B. Smoke control. Fuel-burning heat-producing equipment shall be installed and maintained so that the emission or discharge into the atmosphere of smoke, dust, particles, odors or other products of combustion will not create a nuisance or be detrimental to the health, comfort, safety or property of any person.
C. Warm-air heating. Ducts and other air-handling equipment used for heating shall conform to the requirements of such equipment used for ventilating purposes.
D. Prohibited locations for heat-producing equipment. Fuel-burning water heaters shall not be located in sleeping rooms, bathrooms or toilet rooms.
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.
F. Installation and clearance. Where heat-producing equipment is installed on or adjacent to combustible materials, the location, insulation, clearance and the control of the equipment shall be such that the temperature on the surface of the combustible materials will not exceed a safe temperature.
G. Air supply.
(1) Direct-fired heat-producing 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 to prevent the accumulation of heat.
(2) Rooms containing fuel-burning equipment shall have such air supply provided by means of one or more openings to the exterior or by means of 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 gas vents. Unvented heaters burning liquid fuel shall be prohibited.
(2) Fuel-burning space heaters located in sleeping rooms or rooms normally kept closed shall be connected to a suitable chimney, flue or gas vent.
(3) Gas-fired equipment shall be connected to a suitable chimney, flue or gas vent when the discharge of products of combustion into the space where the equipment is installed would be a hazard.
I. Safety devices.
(1) Equipment capable of developing hazardous pressures or temperatures shall be provided with means 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 the 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.
J. Heating of garages. Fuel-burning equipment for garages servicing multiple dwellings 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 so as not to be exposed to possible accumulation of flammable gases.
§ 179-30. Chimneys, flues and gas vents.
A. General requirements.
(1) Chimneys, flues, gas vents and their supports shall be installed and maintained so as to be structurally safe, durable, smoketight, noncombustible and capable of withstanding the action of flue gases without softening, cracking, corroding or spalling.
(2) Such facilities shall effectively convey the products of combustion to the outer air.
(3) Masonry chimneys, except approved prefabricated chimneys, shall have noncombustible foundations.
(4) Flue linings shall be capable of withstanding the action of flue gas without softening, cracking, corroding or spalling at the temperature to which they will be subjected.
(5) Openings for smoke pipes or gas vent connections shall be provided with means for each connection without restriction of flue.
(6) No flue shall have smoke pipe or gas vent connections in more than one story of a building.
(7) Fuel-burning equipment and fireplaces located in different tenancies shall not be connected to the same flue.
B. Firesafety. Chimneys, flues and gas vents shall be installed and maintained so that under conditions of use, the temperature of any combustible material adjacent thereto, insulated therefrom or in contact therewith does not exceed a safe temperature.
C. Spark arresters. A chimney or flue connected to an incinerator and a chimney or flue which may emit sparks shall be provided with a spark arrester of noncombustible construction. Spark arresters shall have sufficient total clear area to permit unrestricted passage of flue gases. Openings in spark arresters shall be of such size as to prevent passage of embers and to minimize clogging by soot.
§ 179-31. Incinerators.
A. General requirements.
(1) Incinerators shall be of adequate capacity for the intended use.
(2) Flue-fed incinerators shall be equipped with means for burning auxiliary fuel in sufficient quantity to assure complete combustion of refuse.
(3) A flue serving an incinerator shall be provided with a substantially constructed spark arrester.
(4) Incinerators shall be connected to a suitable noncombustible chimney, smokestack or flue.
(5) Connections to incinerators shall provide free passage of refuse without clogging.
B. Service openings.
(1) Service openings shall be readily accessible to the building occupants.
(2) Durable signs with plainly legible letters prohibiting disposal of highly flammable substances in incinerators shall be provided near service openings.
§ 179-32. Electrical wiring and equipment; artificial lighting; signs.
A. General requirements.
(1) Electrical wiring and equipment shall be installed in conformity with generally accepted standards and maintained so as not to be a potential source of ignition of combustible material or a potential source of electrical hazard. Electrical wiring and equipment shall be firmly secured to the surface on which it is mounted.
(2) Electrical wiring and equipment installed in damp or wet locations or where exposed to explosive or flammable gases or to excessive temperatures shall be of a type approved for the purpose and location.
(3) Electrical wiring and equipment shall be grounded or otherwise protected by insulation, isolation or guarding so as to minimize the danger of high voltages from lightning or other causes.
(4) Electrical equipment which in ordinary operation produces arcs or sparks shall be enclosed unless separated and isolated from all combustible material.
(5) Service equipment and overcurrent protection devices shall be installed and maintained in a readily accessible location.
B. Artificial lighting.
(1) Residential buildings and occupancies shall be wired for electricity, and lighting equipment shall be installed throughout to provide adequate illumination for the intended use of each space. Electric wiring system shall be connected to an adequate source of supply.
(2) There shall be a switch or other means for controlling a light in each dwelling unit near the point of entrance to such unit.
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 those portions of a building which contain dwelling units only or in which exit from sleeping rooms is directly to the outside.
(2) Directional signs shall be provided at locations from which the exit doorway is not readily discernible.
(3) Such 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 the exit for directional signs. Letters for signs shall be conspicuous, readily discernible and at least six inches high, except that for internally illuminated signs, the height of such letters shall be at least 4 1/2 inches.
(4) Exit and directional signs shall be illuminated, either externally or internally, by electric lights and shall be kept illuminated at all times when the building is occupied.
§ 179-33. Cooking and refrigeration.
A. General requirements.
(1) Each dwelling unit shall be provided with appropriate cooking and refrigeration equipment.
(2) Cooking and refrigeration equipment shall be maintained in good operating condition.
(3) Gas-burning cooking equipment shall be permanently fastened and connected in place. The gas supply connection to such equipment shall be made with pipe or tubing or solid metal.
(4) Solid-fuel-burning cooking equipment shall be appropriately vented.
B. Communal cooking and dining facilities. Communal kitchens and dining rooms shall comply with the following requirements:
(1) Communal kitchens shall contain at least one kitchen sink; at least one kitchen gas or electric stove equipped with an oven and not fewer than four top burners; and at least one electric or gas-type refrigerator with adequate food storage capacity, but in no case less than eight cubic feet nominal size. Dining space and eating facilities, where provided in the kitchen area, shall comply with the requirements for communal dining rooms.
(2) Communal dining rooms shall contain at least one dining chair and two linear feet of dining space for each occupant permitted in a dining room at any particular time.
§ 179-34. Air conditioning and mechanical ventilation.
A. One- and two-family dwellings.
(1) Exhaust air from a dwelling unit shall not be circulated to another dwelling unit.
(2) Ducts shall be securely fastened in place and appropriately firestopped.
B. Multiple dwellings.
(1) Refrigerants.
(a) Refrigerants that are highly flammable shall not be used in multiple dwellings.
(b) Direct systems using refrigerants that are flammable or toxic shall not be used for air-conditioning purposes.
(2) Ventilating systems.
(a) Ventilating systems shall be installed and maintained so that the rapid spread of heat, flame or smoke through the system will be prevented and so that under conditions of use the temperature of any combustible material adjacent thereto or in contact therewith will not exceed a safe temperature.
(b) Stairways, passageways, exits, shafts, hoistways or attics shall not be used as plenum chambers.
(c) Ducts shall be securely fastened in place and appropriately firestopped.
(d) Ducts and other air-handling equipment shall be of noncombustible material.
(e) Filters shall be installed and maintained so as not to constitute a fire or smoke hazard.
(f) Ducts passing through or located within combustible construction shall be separated from such construction by a clearance of at least 1/2 inch or by a noncombustible insulating material at least one-fourth-inch thick.
(g) Air required for ventilation shall be taken from the exterior or shall be quality-controlled.
(h) Exhaust air from a dwelling unit or a space whose contents may emit odors, fumes or vapors shall not be circulated to other occupied spaces within the building.
(3) Air intake and exhaust openings.
(a) Air intake and exhaust openings shall be installed, located and maintained so as not to constitute a hazard or nuisance and so as to prevent the possibility of fire, smoke, fumes or foreign matter being drawn into the system.
(b) Ventilating systems shall be provided with adequate openings for incoming and outgoing air to obtain the required circulation. Intake openings shall provide air from an uncontaminated source.
(c) 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.
(d) Exhaust openings shall be located so that the exhaust air will not create a nuisance.
(4) Ventilation requirements.
(a) Enclosures or spaces where heat, gases, vapors or odors may accumulate and become a potential source of hazard or nuisance shall be provided with adequate means of ventilation to remove such excess.
(b) Public spaces shall be provided with means for obtaining air supply for the maximum number of persons for which such spaces are designed.
(5) Safety controls.
(a) Manually operated controls shall be provided to stop the operation of all central fan equipment. Such controls shall be conspicuously identified and in readily accessible locations outside the fan room.
(b) Every system using recirculated air and serving an assembly space or more than one fire area or more than one story of a building shall be provided with controls arranged so that under an abnormal rise in temperature of the air in the system, the fans causing normal circulation shall stop and require manual restart.
(c) Every system for ventilating an assembly space shall be provided with an emergency switch conveniently located and with a durable sign giving instructions for shutting down the system in case of fire.
§ 179-35. Fuel oil.
A. General requirements. Fuel oil shall be received, stored and conveyed by means of fixed liquidtight equipment.
B. Storage tanks.
(1) Tanks shall be provided with means for venting.
(2) Tanks shall be installed and maintained so as not to be a hazard to the premises served or the surrounding property.
C. Piping.
(1) 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.
(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.
§ 179-36. Fire protection in multiple dwellings.
A. Fire alarm systems. Required fire alarm systems shall be maintained in proper operating condition at all times.
B. Sprinkler equipment.
(1) Required sprinkler equipment shall be maintained in proper operating condition at all times. Storage of materials shall cause minimum interference to effective discharge of water.
(2) Valves controlling water supply to sprinklers shall be secure in the open position.
(3) Sprinkler heads shall be maintained free of corrosion and paint.
C. Standpipe systems.
(1) Standpipe systems shall be maintained in proper operating condition at all times.
(2) Gate valves at those stations shall be maintained tight against leaks.
(3) Hose shall be in the proper position ready for operation, dry and free of deterioration.
D. Portable extinguishers.
(1) Each oil burner for a boiler, furnace or central hot-water heater shall be provided with an approved hand fire extinguisher or two rounded-bottom pails filled with sand.
(2) Portable extinguishers required for fire protection shall be in their designated locations and in a condition which will permit efficient operation without delay.
§ 179-37. Elevators, dumbwaiters and escalators in multiple dwellings.
A. Elevators, dumbwaiters and escalators shall be maintained so as to be free from physical and fire hazards.
B. Elevator and power-operated dumbwaiter cars shall be provided with durable signs in conspicuous locations on which the rated capacity shall be indicated.
C. Elevator cars shall be provided with approved means for transmitting a signal outside the hoistway in case of emergency.
D. Hoistways and pits shall be maintained free of refuse.
E. Machine rooms shall be maintained free of oil and grease and shall not be used for storage of articles or materials unnecessary for the maintenance of the elevator or dumbwaiter. Flammable liquids shall not be kept in such rooms.
F. No person shall at any time make any required safety device or electrical protective device inoperative, except where necessary during tests, inspections or maintenance.
ARTICLE VI
Property Maintenance Requirements
§ 179-38. Compliance required.
Residential premises shall be maintained in conformity with the provisions of this article so as to assure the desirable residential character of the property.
§ 179-39. Open areas.
A. Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent development of stagnant ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers, approved combined storm and sanitary sewers or other satisfactory drainage systems shall be utilized where deemed necessary.
B. Fences and other minor constructions shall be maintained in safe and substantial condition.
C. Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions.
D. Yards and courts shall be kept clean and free of physical hazards.
E. Heavy undergrowths and accumulations of plant growth which are noxious or detrimental to health shall be eliminated.
§ 179-40. Buildings and structures.
A. Exterior wood surfaces of buildings and structures that are not inherently resistant to deterioration shall be periodically treated with a protective coating of paint or other suitable preservative.
B. Floors, walls, ceilings, furnishings and fixtures of residential buildings shall be maintained in clean and sanitary condition.
C. Accessory structures shall be maintained so as to be free of conditions detrimental to safety or health.
§ 179-41. Infestation and screening.
A. Grounds, buildings and structures shall be maintained free of insect, vermin and rodent harborage and infestation. Methods used for exterminating insects, vermin and rodents shall conform to generally accepted practice.
B. Where the potential for rodent or vermin infestation exists, windows and other openings in basements and cellars shall be appropriately screened with wire mesh or other suitable materials.
C. From May 1 to October 1, entrances to residential buildings shall be provided with self-closing-type devices or screens, and windows and other openings used for ventilation shall be appropriately screened. Screens shall not be required in rooms located sufficiently high in the upper stories of multiple dwellings as to be free of mosquitoes, flies and other flying insects.
§ 179-42. Garbage and refuse.
A. Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse.
B. In multiple dwellings, it shall be prohibited to store or accumulate garbage or refuse in public halls and stairways.
§ 179-43. Domestic animals and pets.
Domestic animals and pets shall be kept in an appropriate manner and shall not be permitted to run at large.
Part 2
Mobile Homes and Mobile Home Courts
ARTICLE VII
General Provisions
§ 179-44. Title.
This Part 2 shall be known as “Housing Standards Applicable to Mobile Homes and Mobile Home Courts in the Village of Fredonia, New York.”
§ 179-45. Purpose.
The purpose of this Part 2 is to provide basic and uniform standards, in terms of performance objectives implemented by specific requirements, governing the construction, occupancy and maintenance of mobile homes and mobile home courts and establishing reasonable safeguards for the safety, health and welfare of the occupants and users thereof.
§ 179-46. Applicability.
This Part 2 shall apply to mobile homes used or intended to be used for year-round dwelling accommodations in fixed locations and to mobile home courts.
§ 179-47. Effect on other provisions.
A. The provisions of this Part 2 shall supersede local laws, ordinances, codes or regulations to the extent that such laws, ordinances, codes or regulations are inconsistent with the provisions of this Part 2, provided that nothing herein contained shall be construed to prevent the adoption and enforcement of a law, ordinance or regulation which is more restrictive or establishes a higher standard than those provided in this Part 2, and such more restrictive requirement or higher standard shall govern during the period in which it is in effect.
B. In a case where a provision of this Part 2 is found to be in conflict with a provision of a zoning, building, electrical, plumbing, fire, safety, health, water supply or sewage disposal law or ordinance or regulation adopted pursuant thereto or other local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.
§ 179-48. Conformity with state laws and regulations.
A. Installations, alterations and repairs to mobile homes and mobile home courts and materials, assemblies and equipment utilized in connection therewith shall be reasonably safe to persons and property and shall comply with applicable statutes of the State of New York and orders, rules and regulations issued by authority thereof.
B. Except as otherwise provided in this Part 2, conformity of installations, alterations and repairs of mobile home court buildings and their accessory structures and of materials, assemblies and equipment utilized in connection with such buildings and structures with the applicable requirements of the New York State Uniform Fire Prevention and Building Code shall be prima facie evidence that such work, material, assembly or equipment is reasonably safe to persons and property.
§ 179-49. Permit required.
No person shall maintain or operate a mobile home court which falls within the purview of Chapter VII of the New York State Sanitary Code without first having obtained a permit from the State, County or City Health Department office having jurisdiction.
§ 179-50. Definitions.
The following definitions shall apply in the interpretation of this Part 2:
ACCESSORY STRUCTURE — A structure, the use of which is incidental to that of the mobile home and which is attached thereto or located on the same mobile home lot. “Accessory structures” include but are not limited to portable, demountable or permanent enclosures, shade structures and carports.
APPROVED — Approved by the administrative officer under the regulations of this Part 2 or approved by an authority designated by law or this Part 2.
COMMUNITY AREA — An area or space within a mobile home court, including fences, walls and other minor constructions, which is designed for joint use of occupants or restricted to nonresidential use.
COMMUNITY STRUCTURE — A structure within a mobile home court providing laundry, toilet, recreation, parking or other common facilities, including the management office and storage buildings.
GENERALLY ACCEPTED STANDARD — A specification, code, rule, guide or procedure in the field of construction of mobile homes or mobile home courts or related thereto, recognized and accepted as authoritative.
HABITABLE SPACE — Space used for living, sleeping, eating or cooking purposes, excluding kitchenettes, bathrooms, toilet rooms, storage spaces and enclosures for equipment installations.
MECHANICAL SYSTEMS AND EQUIPMENT — Mobile home electrical, plumbing, heating, ventilating and air-conditioning systems and equipment used for living purposes, including cooking and refrigeration equipment.
MOBILE HOME — A movable living unit equipped with a chassis and provided with the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See the definition of “trailer, travel or vacation.”
MOBILE HOME COURT — A parcel of land which has been planned and improved for the placement of two or more mobile homes.
MOBILE HOME LOT — A designated site within a mobile home court for the exclusive use of the occupants of a single mobile home.
MOBILE HOME STAND — That part of an individual mobile home lot which has been reserved for the placement of the mobile home.
PATIO — A paved outdoor living space designed to supplement the mobile home living area.
STORAGE LOCKER — An enclosed space designed to provide auxiliary general storage space for an individual mobile home.
TRAILER, TRAVEL OR VACATION — A movable living unit equipped with a chassis but lacking any of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See the definition of “mobile home.”
ARTICLE VIII
Mobile Homes
§ 179-51. General requirements.
A. Mobile home design and construction shall conform to generally accepted standards of the mobile home industry.
B. Materials, assemblies and equipment shall conform to generally accepted standards with respect to strength, durability, corrosion and fire-resistance and other qualities recognized under such standards.
C. Habitable and nonhabitable space shall be arranged, located, lighted and ventilated so as to be appropriate for the intended use.
D. Mechanical systems and equipment shall be designed, installed and located so that under normal conditions of use, such systems and equipment shall be capable of functioning safely and efficiently without being forced to operate beyond the designed capacity.
E. Equipment requiring operation, inspection or maintenance shall be located so that easy access to it is provided.
F. Plumbing, heating and electrical systems shall be properly connected to approved sources of supply when a mobile home is in a fixed location and occupied for living purposes.
G. Mobile home units, including mechanical systems and equipment, shall be maintained and operated so as to be free of conditions conducive to personal injury or detrimental to health and welfare.
§ 179-52. Design and construction.
A. Mobile homes shall be structurally sound, effectively insulated and capable of sustaining designed dynamic loading.
B. Body and body framing.
(1) Body frames shall be designed and constructed as complete units. Wall and floor surfaces shall be firmly attached to body framing members. Doors and windows shall be securely framed in place. Framing and exterior skin shall be surface treated or painted to prevent deterioration.
(2) Roofs shall be pitched for proper drainage and shall be weathertight. Roof decks shall be of metal or noncombustible materials.
(3) Wood body framing shall be of seasoned lumber and shall provide adequate support and rigidity. Members shall be joined so as to ensure permanent attachment to each other.
(4) Metal body framing shall be of structural formed sections, riveted, bolted or welded together. Where different metals are joined, precaution shall be taken to prevent electrolytic action.
(5) Insulation of floors, roof and exterior walls shall consist of noncombustible materials.
(6) Ventilation shall be provided to minimize deterioration of structural members from condensation or other causes.
C. Chassis.
(1) The chassis shall extend substantially the length of the body and shall be capable of supporting the live and dead loads to which subjected.
(2) The tongue or drawbar shall be secured to the chassis and shall be capable of supporting the weight of the forward end of the mobile home. If designed to support gas cylinders, the tongue shall be of sufficient strength and shall permit secure attachment.
(3) The hitch shall be securely attached to the tongue so as to become an integral part of the tongue.
(4) Axles, spring assemblies and wheels shall be capable of supporting the calculated loads.
D. Placement. Placement of the mobile home on the mobile home stand by jacks or supports shall be such as to ensure the retention of the mobile home in a fixed position.
§ 179-53. Maximum occupancy.
The maximum number of occupants of a mobile home shall be limited to the number determined on the basis of the square feet of floor area of habitable space, exclusive of habitable space used for cooking purposes, in accordance with the following:
A. 150 square feet for one or two occupants.
B. 250 square feet for three occupants.
C. 80 square feet additional for each occupant thereafter.
§ 179-54. Height of habitable space.
Habitable space shall have a minimum ceiling height of seven feet over 50% of the floor area; and the floor area where the ceiling height is less than five feet shall not be considered in computing gross floor area.
§ 179-55. Bathrooms and toilet rooms.
Bathrooms and toilet rooms shall have provisions for privacy and shall be provided with floors of moisture-resistant material.
§ 179-56. Prohibited sleeping areas.
Bathrooms, toilet rooms, kitchens and kitchenettes shall not be used for sleeping purposes.
§ 179-57. Exits.
A mobile home shall have a safe and unobstructed primary exit and an emergency exit located remote from the primary exit.
§ 179-58. Light and ventilation.
A. Habitable space. A mobile home shall be provided with natural light and ventilation adequate for the intended use of each habitable space in accordance with the following:
(1) The window area shall equal at least 10% of the floor area of each habitable space.
(2) The openable area of windows and other openings used for natural ventilation of each habitable space shall equal at least 45% of the required window area; or mechanical ventilation shall be provided as set forth in § 179-59B(16).
B. Nonhabitable space. A mobile home shall be provided with light and ventilation adequate for the intended use of nonhabitable space in accordance with the following:
(1) Kitchenettes, bathrooms and toilet rooms shall be provided with 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) Kitchenettes, bathrooms and toilet rooms shall be provided with natural ventilation consisting of openable areas of not less than one and one-half (1 1/2) square feet for bathrooms and toilet rooms and not less than three square feet for kitchenettes; or mechanical ventilation shall be provided as set forth in § 179-59B(16).
§ 179-59. Mechanical systems and equipment.
A. Plumbing.
(1) A mobile home shall contain a kitchen sink, flush-type water closet, bathtub or shower and lavatory.
(2) A hot and cold water supply shall be provided at the kitchen sink, bathtub or shower and lavatory. Cold water shall be supplied to the water closet.
(3) The plumbing system shall be designed and arranged so as to facilitate connecting to approved exterior water supply and sewage disposal systems, to provide adequate water supply to all plumbing fixtures and to dispose of all liquid wastes therefrom.
B. Heating, ventilating and air conditioning.
(1) A mobile home shall contain space heating equipment and water heating equipment.
(2) Areas allocated for installation of space heating and water heating equipment shall provide adequate clearance so that the surface of adjacent combustible materials will not exceed a safe temperature. Curtains and draperies shall not be used in such areas.
(3) Space and water heating units shall be of an approved type for installation in a mobile home. Fuel-burning water heaters and furnaces other than those having a sealed combustion space shall not be located in sleeping rooms, bathrooms and toilet rooms.
(4) Space heating units shall have sufficient capacity to maintain a minimum inside temperature of 70° F., based on the average of the recorded annual minimum outside temperatures for the locality, and shall be provided with manual or automatic temperature control devices.
(5) Water heating units shall have sufficient capacity to deliver at each hot water outlet an ample supply of water at a minimum temperature range of 130° F. to 140° F., and such units shall be provided with safety devices arranged to relieve hazardous pressures and excessive temperatures.
(6) Electrical space and water heating equipment shall be of an approved type and shall have adequate circuit protection devices.
(7) Gas and liquid fuel-burning equipment shall be specifically designed for the type of fuel used. Flues and vents shall be suitable for the type of fuel used and shall be installed so that the surface of adjacent combustible material will not exceed a safe temperature.
(8) Automatically operated heat-producing equipment using utility gas shall have a valve that will automatically shut off the flow of gas to the main burner when the pilot flame is extinguished.
(9) Automatically operated heat-producing equipment using liquefied petroleum gas shall have a valve that will automatically shut off the flow of gas to the pilot light and main burner when the pilot flame is extinguished.
(10) Fuel-burning space and water heating units shall be vented. Other fuel-burning equipment shall be vented where the discharge of products of combustion into the space where the equipment is installed would be unsafe.
(11) Liquid fuel-burning equipment shall be vented and shall be provided with means to prevent spilling of fuel.
(12) Fuel storage containers and gas cylinders shall be mounted outside the mobile home or in a space that is vented to the outside and is vaportight to the inside.
(13) Warm air supply ducts and fittings shall be of noncombustible material.
(14) Return air ducts shall be of noncombustible material where exposed to temperatures which are unsafe for combustible materials.
(15) Return air grilles in doors and partitions shall be of a permanent nonclosable type. Openings for return air shall not be located in bathrooms, toilet rooms or kitchenettes.
(16) Mechanical ventilation, where required, shall exhaust air at rates not less than the following:
(a) For habitable space: two air charges per hour.
(b) For bathrooms and toilet rooms: 25 cubic feet per minute.
(c) For kitchenettes: 100 cubic feet per minute.
(17) Air conditioning for habitable space provided in lieu of mechanical ventilation shall supply an amount of air not less than that set forth in Subsection B(16), with at least 25% of the required quantity taken from the outside.
C. Electrical.
(1) A mobile home shall contain an electrical wiring system and service equipment.
(2) Electrical wiring shall have adequate capacity for designed lighting and appliance equipment. Individual circuits shall contain overload protection devices.
(3) At least one receptacle outlet shall be provided for each multiple of 12 linear feet of wall space or major fraction thereof in each habitable space and kitchenette. Bathrooms and toilet rooms shall have permanently installed lighting fixtures and switches located so as not to be an electrical hazard.
(4) Exterior equipment shall be weatherproofed to ensure protection of equipment from the elements. Service equipment shall have means for quick disconnection from the source of supply.
(5) Provision shall be made for grounding non-current-carrying metallic parts of the electrical system. Such grounding shall be common to one external supply point. Provision shall be made for exterior source grounding of the electrical system.
D. Cooking and refrigeration.
(1) A mobile home shall contain cooking equipment and refrigeration equipment.
(2) Electrical cooking and refrigeration equipment shall be of an approved type for installation in a mobile home and shall have adequate circuit protection devices.
(3) Gas-burning cooking and refrigeration equipment shall be of an approved type for mobile home installation, and connections to rigid pipe shall be made with approved flexible metal gas appliance connectors.
(4) Fuel storage shall conform to the requirements of fuel storage for heating.
§ 179-60. Maintenance.
A. A mobile home shall be maintained in a safe and sanitary condition.
B. Interior. Floors, walls, ceilings, furnishings and fixtures shall be maintained in a clean and sanitary condition. Exits shall be maintained free of obstructions.
C. Garbage and refuse. Suitable containers shall be provided for the temporary storage of garbage and refuse within the mobile home.
D. Screening. From May 1 to October 1, entrances to the mobile home shall be provided with self-closing-type devices or screens, and windows and other openings used for ventilation shall be appropriately screened.
E. Extermination. Mobile homes shall be maintained free of insects, vermin and rodents. Extermination shall be effected in conformance with generally accepted practice.
F. Flammable materials. Flammable cleaning liquids and other flammable materials shall be stored in a safe, approved manner.
ARTICLE IX
Mobile Home Courts
§ 179-61. Design and construction.
A. Design and construction of mobile home courts shall conform to applicable zoning and building regulations and generally accepted standards for mobile home courts.
B. Open areas shall be adequate to assure privacy, natural light and ventilation for each mobile home and sufficient for essential outdoor uses.
§ 179-62. Stormwater drainage.
A. Mobile home courts shall have adequate facilities for drainage of surface and subsurface water.
B. Grading of the entire property shall be such as to facilitate the safe and efficient drainage of surface water.
C. Gutters, culverts, catch basins, drain inlets, stormwater sewers, approved combined storm and sanitary sewers or other satisfactory drainage systems shall be utilized where deemed necessary.
§ 179-63. Surfacing.
Walks, driveways and parking spaces shall be provided with paved and durable surfacing so as to provide safe and easy access under normal use and weather conditions.
§ 179-64. Overhead wires.
Wires installed above driveways and parking spaces shall have a clearance of not less than 18 feet.
§ 179-65. Exterior lighting.
Artificial lighting shall be provided to illuminate walks, driveways and parking spaces for the safe movement of pedestrians and vehicles at night.
§ 179-66. Maintenance of residential character.
Mobile home courts shall be properly maintained so as to assure the desirable residential character of the property.
§ 179-67. Travel or vacation trailers.
No occupied travel or vacation trailer or other form of temporary type living units shall be permitted in a mobile home court.
§ 179-68. Utilities.
A. Water, sewage, gas and electricity.
(1) A mobile home court shall be provided with the following utilities:
(a) Water supply system.
(b) Sewage disposal system.
(c) Electrical system.
(2) Utilities, including a gas piping system where provided, shall have sufficient capacity to supply the requirements of the mobile home court and for the maximum number of connected mobile homes.
B. Water supply system. The water supply system shall be designed to provide a sufficient supply of potable water under adequate pressure to outlets servicing mobile homes, community structures, drinking fountains, hose connections, hydrants, etc.
C. Private water system. Where a public water supply system is not available, an adequate private water supply system, approved by the State, County or City Health Department having jurisdiction, shall be provided.
D. Sewage disposal system.
(1) The sewage disposal system shall provide each mobile home and community structure containing plumbing fixtures with an adequate and safe method of sewage disposal.
(2) No sewage from a plumbing system shall be disposed of into the waters of the State of New York, except where specially approved by the authority having jurisdiction in accordance with Article 12 of the New York State Public Health Law.
E. Private sewage disposal system. Where a public sewage disposal system is not available, an adequate private sewage disposal system, approved by the State, County or City Health Department having jurisdiction, shall be provided.
F. Gas piping system. The gas piping system shall be designed to provide a supply of gas sufficient to meet the maximum demand without undue loss of pressure at the connection to the mobile home furthest from the source of supply.
G. Electrical system. The electrical system shall be designed to provided adequate capacity to supply the connected load without exceeding the allowable current-carrying capacity of the conductors.
§ 179-69. Mobile home lots.
A. Mobile home stand.
(1) A mobile home lot shall contain a mobile home stand capable of retaining the mobile home in a fixed position.
(2) The mobile home stand shall be adequately compacted and at such elevation, distance and angle in relation to the accessway as to facilitate the safe and efficient placement and removal of the mobile home.
B. Accessory structures. Accessory structures shall be of durable construction and appropriate for intended use and location.
C. Patios. Patios shall be located so as to provide safe and easy access from the mobile home.
D. Storage lockers. Storage lockers shall be designed to provide adequate storage facilities convenient to the mobile home.
E. Utility connections.
(1) A mobile home lot shall be provided with the following utility connections:
(a) Water supply connection.
(b) Sanitary drainage connection.
(c) Electrical receptacle.
(2) Utility connections, including gas connection, where provided, shall be readily accessible at the mobile home stand and shall have means for safe and efficient hookup to the mobile home.
(3) The water supply connection shall be located a safe distance from sanitary drainage connection and shall not be subject to surface drainage. Means shall be provided for a suitable watertight connection without cross-connection and danger of freezing.
(4) The sanitary drainage connection shall be at the proper location relative to the mobile home, and piping shall have a continuous grade to the point of disposal. The drainage connection shall be provided with suitable fittings to permit a watertight junction to be made with the mobile home outlet.
(5) The gas connection shall provide a suitable gastight connection to the mobile home.
(6) The electric system connection receptacle or terminal box shall be of an approved weatherproof type. Such receptacle shall have provision for an equipment ground.
§ 179-70. Community areas.
A. Community areas, including community facilities, shall be appropriate for intended use and location.
B. Fences, walls and other minor constructions shall be capable of sustaining anticipated loads.
C. Swimming pools, playground equipment, etc., shall be designed so as not to be a potential hazard.
§ 179-71. Community structures.
Community structures shall be structurally sound and appropriate for intended use and location.
§ 179-72. Community fuel storage.
A. A mobile home court shall be provided with facilities for the safe and efficient storage of required fuels.
B. Liquefied petroleum gas. Liquefied petroleum gas storage containers having a capacity exceeding 125 gallons shall be located not less than 25 feet from the nearest mobile home, structure, building and lot line and shall not be subject to damage from moving vehicles.
C. Fuel oil. Fuel oil and other flammable materials shall be stored so as not to be a fire hazard.
§ 179-73. Property maintenance.
A. A mobile home court shall be maintained in a safe, sanitary and orderly condition.
B. Premises shall be kept clean and free of physical hazards.
§ 179-74. Brush and weed control.
Open areas shall be maintained free of heavy undergrowths. Accumulations of plant growth which are noxious or detrimental to health shall be eliminated.
§ 179-75. Infestation.
Grounds and structures shall be maintained free of insect, vermin and rodent harborage and infestation. Methods used for purposes of extermination shall conform to generally accepted practice.
§ 179-76. Protective treatment of exterior surfaces.
Exterior wood surfaces of structures that are not inherently resistant to deterioration shall be periodically treated with a protective coating of paint or other suitable preservative.
§ 179-77. Garbage and refuse.
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse.
§ 179-78. Domestic animals and pets.
Domestic animals and pets shall be kept in an appropriate manner and shall not be permitted to run at large.
Part 3
Administration and Compliance
ARTICLE X
General Provisions
§ 179-79. Title.
This Part 3 shall be known as “Administration and Compliance Provisions Supplementary to Applicable Housing Standards.”
§ 179-80. Purpose.
The purpose of this Part 3 is to provide basic and uniform administration of and compliance with applicable housing standards and to establish the responsibilities of parties concerned therewith.
§ 179-81. Applicability.
A. This Part 3 shall apply to the administration of and compliance with applicable housing standards.
B. This Part 3 shall not apply to premises which are not within the scope of applicable housing standards.
ARTICLE XI
Building Inspector; Enforcement; Penalties
§ 179-82. Building Inspector designated; qualifications; liability.
A. There shall be established or designated by the Board of Trustees a Building Inspector to administer and secure compliance with the applicable housing standards.
B. The Board of Trustees may appoint assistant building inspectors as may be necessary to carry out effectively the powers and duties of the Building Inspector.
C. The Building Inspector and any assistant inspectors shall be qualified and appointed as prescribed by law and shall be furnished with official badges or identification cards.
D. The Building Inspector and any assistant inspectors shall be free from personal liability for acts done in good faith in the performance of their official duties.
§ 179-83. Powers and duties of Building Inspector.
A. The Building Inspector shall be charged with the duty of administering the applicable housing standards and securing compliance therewith.
B. The Building Inspector shall be authorized to conduct surveys of housing in any area of the municipality to determine the condition of premises, extent of deterioration, lack of facilities, inadequate maintenance, unsafe and insanitary conditions, extent of overcrowding, land use and other relevant factors.
C. It shall be the duty of the Building Inspector to:
(1) Cause periodic inspections to be made not less than once every five years of all premises within the scope of applicable housing standards.
(2) Cause an investigation of all complaints of alleged housing violations or other unsafe or insanitary conditions.
(3) Order, in writing, the remedying of all conditions found to exist in or on any premises in violation of provisions of the housing standards, to state in the violation order a reasonable time limit for compliance therewith and, where necessary, to order the vacation of premises found unfit for human habitation.
(4) Request the chief legal officer of the municipality to take appropriate legal action upon failure of the responsible party to comply with such violation order within the time specified therein.
(5) Cause a search of the Building Inspector’s records of housing violations existing on any premises and to issue a certified statement thereof upon receipt of written request and payment of any fees required by local law or ordinance.
(6) Study housing conditions in the municipality.
(7) Cooperate with other municipal, governmental and private agencies engaged in the study and improvement of housing conditions.
(8) Publish an annual report of housing conditions in the municipality, accomplishments of the Building Inspector and recommendations for the future.
D. Where violations of the housing standards exist and pose an immediate hazard or danger to the health, safety or welfare of building occupants or of the public, the Building Inspector may issue an order citing the violation and directing such action as is necessary to remove or abate the immediate hazard or danger.
§ 179-84. Inspections.
A. Inspectors shall be authorized and shall have the right, in the performance of their duties, to enter any premises during normal business hours and in emergencies whenever necessary to protect the public interest.
B. Owners, agents, operators and occupants shall be responsible for providing access to all parts of the premises within their control to the Building Inspector or any assistants acting in the performance of their duties.
§ 179-85. Records to be kept.
The Building Inspector shall keep records of all complaints received, inspections made and violations found regarding premises regulated by the housing standards. Records shall be kept in a manner and form as prescribed by local law and shall be available for public inspection.
§ 179-86. Penalties for offenses. [Amended 12-9-1996 by L.L. No. 8-1996]
The violation of any provision of this chapter or the failure to comply with a notice or order of the Building Inspector to remove or remedy any conditions found to be in violation of the provisions of this chapter within the time limit stated thereon shall constitute an offense, and any person upon being convicted of such violation shall be punished by a fine not exceeding $250 or by imprisonment for not more than 30 days, or both. Every day of such violation may be held to constitute a separate offense.
ARTICLE XII
Responsibility for Compliance
§ 179-87. Responsibilities of owners.
A. Owners of premises shall be responsible for compliance with the housing standards and shall remain responsible therefor regardless of the fact that this chapter may also place certain responsibilities on operators and occupants and regardless of any agreements between owners and operators or occupants as to which party shall assume such responsibility.
B. Owners of premises shall be responsible for the proper maintenance, condition and operation of service facilities and for furnishing adequate heat and hot water supply in multiple dwellings.
§ 179-88. Responsibilities of lodging house operators.
Lodging house operators shall be responsible for compliance with the housing standards in regard to the following:
A. Limiting occupancy to the maximum permitted by the housing standards.
B. Maintenance of safe and sanitary conditions in all parts of lodging house premises.
C. Maintenance and operation of all required service facilities.
D. Maintenance of all plumbing, cooking and refrigeration fixtures and appliances within his control as well as other building equipment and facilities in an operative, clean and sanitary condition.
E. Sanitary maintenance of walls, floors and ceilings.
F. Keeping exits clear and unencumbered.
G. Disposal of building garbage and refuse in a clean and sanitary manner.
H. Extermination of insects, rodents or other pests on the premises.
I. Hanging and removing required screens.
§ 179-89. Responsibilities of occupants.
Occupants of dwelling units shall be responsible for compliance with the housing standards in regard to the following:
A. Limiting occupancy of that part of the premises which he occupies or controls to the maximum permitted by the housing standards.
B. Maintenance of that part of the premises which he occupies or controls in a clean, sanitary and safe condition.
C. Maintenance of all plumbing, cooking and refrigeration fixtures and appliances as well as other building equipment and storage facilities in that part of the premises which he occupies or controls in a clean and sanitary condition and providing reasonable care in the operation and use thereof.
D. Keeping exits from his dwelling unit clear and unencumbered.
E. Disposal of garbage and refuse into provided facilities in a clean and sanitary manner.
F. Extermination of insects, rodents or other pests within his dwelling unit if his unit is the only one infested in the premises.
G. Hanging and removing required screens.
H. Keeping his domestic animals and pets in an appropriate manner and under control.