Amherst, N.Y., Code of Ordinances ch. 151 (eCode360 ed. 2026) § 151-48
Applicability; referenced standards; other requirements
Operative Text
A. General. The provisions of this article shall apply to all matters affecting or relating to structures and premises, as set forth in § 151-47 . Where, in a specific case, different sections of this article specify different requirements, the most restrictive shall govern. B. Maintenance. Equipment, systems, devices and safeguards required by this article or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. The requirements of this article are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises. C. Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of NFPA 70 and the Building, Plumbing and Mechanical Codes that are in effect on the date of issuance of any required permit. Nothing in this article shall be construed to cancel, modify or set aside any provision of Chapter 203 , Zoning, any local law or any other ordinance, rule or regulation of the Town of Amherst. D. Existing remedies. The provisions in this article shall not be construed to abolish or impair existing remedies of the Town of Amherst or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and insanitary. E. Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this article shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions. F. Historic buildings. The provisions of this article shall not be mandatory for existing buildings or structures designated by the federal, state or local jurisdiction as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. G. Referenced codes and standards. The codes and standards referenced in this article shall be those that are defined in § 151-58 and considered part of the requirements of this article to the prescribed extent of each such reference. Where differences occur between provisions of this article and the referenced standards, the most restrictive provisions shall apply. H. Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing structure or equipment, or for the public safety, health and general welfare, not specifically covered by this article shall be determined by the code official.
Section 151-48 of Amherst, N.Y., Code of Ordinances ch. 151 establishes the foundational rules for how the property maintenance article applies across all structures and premises in the town. It sets a 'most restrictive governs' principle when different sections conflict, requires that safety and maintenance systems be kept in good working order, and preserves the town's existing authority to address dangerous or unsafe structures. Special accommodations are made for designated historic buildings, and any gaps in coverage are left to the judgment of the code official.
Plain English — not legal advice.
Under § 151-48, property owners and their designated agents bear primary responsibility for maintaining buildings, structures, and premises — including all equipment, systems, and safeguards required by current or prior codes. Compliant operators generally ensure that any repairs, alterations, or additions follow NFPA 70 and the applicable Building, Plumbing, and Mechanical Codes in effect at the time a permit is issued, and that all work is completed in a workmanlike manner consistent with manufacturer instructions. Owners of properties designated as historic should be aware that § 151-48(F) provides a conditional exemption from mandatory requirements, subject to the code official's determination that the structure is safe and in the public interest.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 151-48 affirms that the town's property maintenance standards apply broadly to all structures and premises, and that owners — not tenants — are generally responsible for upkeeping buildings and their safety systems. Tenants who observe deteriorating equipment, failed safety devices, or substandard repair work may have grounds to raise concerns under this provision, since § 151-48 requires that such systems be maintained in good working order. Tenants can explore options such as filing a complaint with the Town of Amherst's code enforcement office or consulting a tenant-rights organization to understand how this article's requirements may apply to their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation