Hempstead Town, N.Y., Code of Ordinances ch. 88 (eCode360 ed. 2026) § 88-12

A. All provisions of this section shall apply to every multiple residence of permanent or transient occupancy and shall apply in addition to, and not in substitution for, any provisions which are definitely provided in other sections of this code. B. Illegal use. No person, owner, tenant, lessee, agent, philanthropic, welfare or other agency shall harbor, board, rent, lease, place, permit, sanction or continue the use by any person or persons of any multiple residence which is in violation of any section of this code. C. Multiple residence on the same lot as another building. No multiple residence shall hereafter be erected upon the rear of a lot on which there is a building on the front of such lot, nor upon the front of such lot on which any building, other than a garage which is to be used by the occupants of such multiple residence in conformity with the New York State Multiple Residence Law Rule 5 (Motor Vehicle Storage), is erected. D. Hall lighting. In every multiple residence erected prior to July 1, 1952, there shall be provided at every floor level a window opening upon a street, yard or court: or there shall be maintained on such floor or floors continuous artificial lighting. A fireproof, self-closing bulkhead door, giving access from stair leading to a roof, shall be accepted in lieu of a window or continuous lighting for this stair leading from top story to roof, provided that such door contains not less than five square feet in area of clear wired glass. There shall also be provided a light or lights which shall be of not less than 25 watts or equivalent photometric rating, for the vestibule, entrance hall and every public hall, stair, fire stair and fire tower on every floor. Every such light shall be turned on by the owner or his agent at sunset every day and shall not be turned off by the owner or his agent until the following sunrise. Such light or lights shall be kept burning daily from sunset until sunrise, and any defective bulbs shall be replaced as soon as possible. The light or lights in every stair, fire tower and public hall shall be so located and be of such intensity that all portions shall be sufficiently lighted. The inspector shall make further recommendation on lighting where he deems there is insufficient daylight illumination. E. Ventilating skylight. In every multiple residence erected prior to July 1, 1952, there shall be provided, in the roof directly over each stair, fire stair, dumbwaiter, elevator or similar shaft which extends to or within one story of a roof, a ventilating metal skylight of the cross-sectional area of such shaft, but not less than 20 square feet in area and at least 144 square inches of fixed ventilation. An existing ventilating metal skylight in the roof may be accepted if deemed adequate in the opinion of the officer charged with the enforcement of this section. Every skylight shall be glazed with plain glass in the roof of such skylight and shall be equipped with metal screens above and below the skylight. In lieu of such ventilating skylight, a fixed louvre may be installed in the bulkhead door or in the exterior wall of such bulkhead not on a lot line, provided a minimum of 144 square inches of unobstructed ventilation is maintained to the outer air. Where there is a flooring of solid construction at the top of any stair, elevator or shaft, openings shall be left at the top of such shaft for ventilation. Such openings shall provide at least 144 square inches of unobstructed ventilation and shall communicate directly to the outer air. The Manager of the Building Department may accept a suitable plain glass window in lieu of such skylight. It shall be unlawful to discharge into any such shaft any inflammable or volatile gases, liquids or vapors or to install or permit any piping or other thing or matter which might endanger life. F. Mailboxes (lighting). When the natural light in any public hall in which a mailbox or other receptacle for mail is maintained in a multiple residence is not sufficient to permit a person to read the names appearing on such mailbox or receptacle, the owner shall install a lighting fixture directly over such mailbox or receptacle and maintain the same in serviceable condition in order that a light may be turned on for the convenience of the tenant or the mail carrier serving the premises. G. Sleeping room: maximum occupancy. One occupant per room having floor area of at least 80 but less than 120 square feet, two occupants per room having floor area of at least 120 but less than 180 square feet, and three occupants per room having floor area of 180 or more square feet. H. Rooms in cellars. No room in any cellar shall be used for living or sleeping purposes, but all or part of such cellar may be used for storage or other general utility purposes accessible to the owner or occupants only. I. Increase in occupancy. If the number of rooms or apartments in any multiple residence erected prior to July 1, 1952, is altered as to increase the occupancy of such building, the entrance hall, stair shall and their ceilings shall be fire retarded. In lieu of such required fire retarding, there may be installed an automatic sprinkler system, equipped on each story with heads in such number and so spaced as to protect the complete area of the public halls and stairs. J. Cellar stair. All interior stairs in any multiple residence, leading from the entrance story to a cellar or basement, shall be enclosed with fire-retarded partitions and shall be provided with a fire-retarded, self-closing door at both top and bottom of such stair. K. Business occupancy. When a business is conducted in any multiple residence erected prior to July 1, 1952, the ceiling of the business space shall be covered with fire-retarded material or shall be equipped with an automatic sprinkler system, and any openings between such business portion and a multiple residence shall be sealed up with fire-retarded material or provided with a fireproof, self-closing protective assembly. L. Closets. In any multiple residence, no closet of any kind shall be constructed or maintained under any stair one any floor from the cellar level to the roof, and such space shall be kept entirely open and clear of any encumbrance. M. Extinguisher: oil burner. In any multiple residence where oil is used for central heating, there shall be provided immediately outside the boiler room or other location, as designated by the officer charged with the enforcement of this section, a ten-pound CO2 or equivalent dry-powder chemical fire extinguisher. N. Emergency switch. An emergency switch with a red, designating plate shall be located outside the oil or gas burner room; or if such room is not required, then it shall be located at the top of and immediately inside the cellar or basement stair enclosure. O. Cellar/basement partitions. In any cellar or basement of any multiple residence, any wooden or other combustible partitions used for storage or otherwise shall be covered with fire-retarding material or otherwise rendered safe against fire by painting such material with a fire-retardant paint having a flame spread of not more than "25." P. Antennas/aerials. Any radio or television antenna or aerial which is mounted or secured to a roof of a multiple residence shall be so located that the lowest part of any arm or horizontal wire or connection shall not be less than 10 feet above the roof. All lines or contrivances used for the drying of clothes shall be removed when not in actual use, or otherwise arranged so that there is no horizontal projection within a vertical distance of 10 feet. No radio or television antenna or other wires shall be attached to any fire escape or to any soil or vent line. Q. Guard railings. Every multiple residence three or more stories in height shall have the perimeter of every open area of a roof, terrace, areaway, outside stair, retaining wall or porch protected by a parapet wall, guard railing or chain-link fencing, or any combination of both parapet wall and either such railing or fencing, extending three feet six inches or more in height above the level of such area, or in the case of a stair landing, stair window or window in a public hall, above the level of the floor adjacent thereto. In dwellings two stories in height, it shall be sufficient if the guard railing is erected at least five feet distant from and encloses any required bulkhead or scuttle opening to the roof. R. Gas meters. (1) Gas meters shall be located in spaces that are dry, well ventilated, readily accessible, free from steam or mechanical fumes and protected against extreme heat. Gas meters shall be located as near as practicable to the point of entry of the gas service. Gas meters shall not be installed in a stairway, boiler room or any room containing heating apparatus, nor in any public hall above the cellar nor above the lower story if there is no cellar. Gas meters shall not be installed in spaces designed for the storage of paints or flammable products. (2) Gas services, gas meters and gas-pressure regulators shall be located so that they are protected from damage. Such equipment shall be sufficiently removed or separated from the bottom termination of a stairway so as not to constitute a potential hazard. (3) Replacement meters shall be permitted in areas where originally installed, except in boiler rooms or rooms containing any heating apparatus or spaces designed for storage of paints or flammable products. S. Gas appliances. In any multiple residence erected prior to July 1, 1952, it shall be unlawful to place, use or maintain in a condition intended, arranged or designed for use, any gas-fired cooking appliance, laundry stove, heating stove, range or water heater or combination of such appliances, in any room or space used for living or sleeping, unless such room or space has a window opening to the outer air or such gas appliance is vented to the outer air. All automatically controlled gas appliances shall be equipped with a device which shall shut off automatically the gas supply when the pilot light or other constantly burning flame in such appliance is extinguished. All gas appliances shall be connected directly to the gas supply by means of rigid piping. All appliances and devices shall bear the approval label of the American Gas Association. Water heaters installed in any room or space within an apartment shall be connected to a flue or to the outer air. T. Kerosene heaters. After January 1, 1968, it shall be unlawful to use, place, store or keep any portable kerosene heater or other heater using a liquid petroleum product in any multiple residence. This does not include any legally installed oil burner used for central heating. U. Storage of oils. The storage of kerosene or other liquid petroleum products used in portable or other heaters, other than in a legally installed oil burner tank and used for central heating, shall be stored outside in a locked metal shed or receptacle which shall not be located closer than 20 feet of the multiple residence. There shall be permitted within the apartment a maximum of one gallon, other than in the storage tank of such storage heater, permitted to be stored in an approved can bearing the Underwriters' seal. There shall be no storage of such heating oils in any parts of such dwelling to which the public has access. V. Occupancy posters. Occupancy posters shall be located at the main entrance of any space or room, in a multiple residence, used as a place of public assembly, so as to be conspicuously visible to persons entering such area, and shall be illuminated and substantially secured to wall or partition. W. Kitchens and pantries (public assembly). (1) In all multiple residences, any kitchen or service pantry connected with a place of public assembly shall be equipped with an automatic sprinkler system or fire-detecting system, unless such kitchen or pantry is located at least 30 feet from the multiple dwelling, and shall be separated from all other parts of the place of public assembly by construction having a fire-resistive rating of at least one hour. (2) Doors in such partitions shall be fireproof self-closing doors having a one-hour rating and may have a vision panel of wire glass conforming to specifications as defined in § 88-12II(4) and (5) . (3) Any other openings other than doors shall be provided with automatic fire dampers or fire shutters of incombustible material. (4) Ranges shall be provided with hoods and exhaust ducts which shall be of at least No. 26-gauge metal with tight joints. Range hoods shall be located not more than seven feet above the floor level and shall be of the width and breadth of the appliances served. A clearance of at least 18 inches shall be provided between range hoods and any combustible material. Connections from hoods shall be to an independent chimney or to a metal stack, insulated from contact with any combustible material. (5) Hoods and ducts shall be thoroughly cleaned quarterly and records kept and available for inspection. (6) An approved ten-pound CO2 or equivalent dry-powder chemical extinguisher shall be provided and securely mounted on the wall in plain sight and readily accessible. Extinguishers shall be checked annually and recharged immediately after use and shall be tagged to indicate when this was done and by whom. X. Sprinkler inspection. The owner of every multiple residence in which a sprinkler system is installed as a necessary requirement shall cause such system to be tested and inspected annually. One copy of the test shall be kept on the premises and available for inspection, and the other copy is to be filed with the Manager of the Building Department of the Town of Hempstead. Whenever defects are found, they shall be corrected immediately. Y. Openings in public halls. In every multiple residence erected prior to July 1, 1952, every sash or other opening in the walls or partition of public halls shall be sealed closed with fire-retarded materials, and any door from apartments or other rooms to public halls, having glass panels or glass lights, shall be covered with fire-retarded material or provided with wired glass. All doors to public halls shall be self-closing. Z. Fire protection: public halls and stairways. (1) In every multiple residence erected prior to July 1, 1952, two or more stories in height, the wood wainscoting and other combustible material on walls and ceiling surfaces in all public halls and stairways shall be removed and replaced with incombustible or fire-retarded materials. In lieu thereof, a fire-retardant paint having a flame spread of not more than "25" may be accepted. When interior wall and ceiling finishes other than paint are used, they shall be mounted directly on a noncombustible or fire-retarded base, and such material shall have or be treated to have a flame spread of not more than "25." Subsequent refinishing or repainting shall comply with the "25" flame-spread rating. A manufacturer's certificate shall be forwarded to the Building Department stating the name of the paint used, where applied and the flame-spread rating. (2) Public halls and stairways in all multiple residences erected prior to July 1, 1952, three or more stories in height, shall be enclosed with fire-retarded material; and all openings shall have fireproof, self-closing doors, or public hall and stair shall be equipped throughout with an automatic sprinkler system. AA. Openings adjacent to fire escapes. All doors and windows of any business occupancy in the same building as a multiple residence, which are on the same level as any fire escape balcony or below a stair of a fire escape and within a horizontal distance of 10 feet, shall be fireproof and self-closing. BB. Openings to dumbwaiter. All doors opening from dumb-waiter shaft shall be self-closing, and doors and assemblies when of wood or other non-fireproof construction shall be completely covered with at least No. 26 United States Gauge metal, except in the cellar where doors and assemblies shall have a fire-resistive rating of at least one hour. CC. Gas water heaters and driers. All products of combustion from gas water heaters or gas driers shall be connected by a substantial gastight flue pipe to a chimney or to the exterior of the building. All lint shall be removed from such gas driers daily. DD. Boiler rooms. (1) In every multiple residence erected prior to July 1, 1952, which is more than three stories in height, the boiler or furnace room of a central-heating plant shall be equipped with a sprinkler system or such heating system shall be enclosed in a fire-resistant room having at least a two-hour rating and all openings to other portions of the dwelling shall be equipped with the required rated fireproof self-closing door. In any such residence three stories in height, the boiler or furnace room shall be equipped with a sprinkler system or may be enclosed with fire-retarded materials on walls and ceilings and be provided with a fire-retarded, self-closing door. In any such residence two stories or less in height, the ceiling of the cellar or lowest story shall be fire retarded over the boiler and hot-water heater for a distance of four feet in all directions. (2) In every dwelling erected after July 1, 1952, the boiler or furnace room shall be enclosed in a fire-resistant room or space having at least a two-hour rating and all openings therefrom to other portions of the residence shall be equipped with the required rated doors and assemblies with doors self-closing. EE. Awnings/canopies. Awnings and canopies on or connected to a multiple residence shall be of incombustible material or rendered safe against fire. FF. Cleaning of heating equipment. Before the starting of the heating system, the owner of every multiple residence shall have all heating units checked, cleaned and adjusted, including the cleaning of all smoke pipes, flues and chimneys. All defects are to be repaired prior to the operation of such heating system. GG. Garden-type maisonette apartments. Every one- or two-family unit of a garden-type maisonette dwelling shall be separated from all other units by an unpierced partition constructed of material having a fire-resistive rating of at least one hour, and such partition shall extend from the first floor above the basement or cellar of the dwelling to the top of the roof boards in such a manner as to prevent the passage of fire, smoke or gases between units. Cellar ceilings throughout shall be fire retarded. HH. Balloon framing. All balloon framing (open studding) must be fire-stopped at both the basement and attic levels. The firestopping may be done by packing openings tightly with rolled mineral or glass wool insulation or by covering such openings with two-inch-thick wood blocks, fitted snugly and well nailed, or by a combination thereof. II. Wired glass in doors and windows. (1) Doors for openings in fire wall shall be constructed without any glass. (2) Doors for openings in fire partitions may be constructed with glass, provided they meet the fire-resistive requirements for such doors. (3) Doors for openings in fireproof partitions may be constructed with a total maximum exposed area of wired glass of 720 square inches. (4) Doors for openings in stair enclosures may be constructed with vision panels having a maximum exposed area of wired glass of 100 square inches and a maximum dimension of 12 inches. Such vision panels shall be glazed with two thicknesses of wired glass with an airspace between. (5) All wired glass shall be at least 1/4 inch thick, enclosing a layer of wire fabric reinforcement. Such reinforcement shall have a maximum mesh of 7/8 of an inch, and the size of the wire shall be at least No. 25 steel wire gauge or shall be of equivalent fire-resistive qualities. Such wired glass shall be set at least 5/8 inch into the frame. (6) Wired glass in fire windows shall have a fire-resistive rating of at least 3/4 hour. JJ. Incinerators. (1) Incinerators, where permitted, shall be constructed and maintained in accordance with the New York State Building Code in addition to those requirements of the Town of Hempstead pertaining thereto. (2) Spark-arrester screens shall be at least twelve-gauge stainless steel wire with three-fourths-inch mesh. (3) Service openings into the chute shall be equipped with approved self-closing hoppers so constructed that the chute or flue is closed off while the hopper is being charged, and that no part will project into the chute or flue. The area of the service opening shall not exceed 1/3 of the area of the chute or flue. (4) It shall be unlawful for an incinerator opening here-after installed to open directly on a required means of egress, unless such opening is cut off from such means of egress by a self-closing protective assembly having a fire-resistive rating of at least one hour. (5) It shall be unlawful to throw carpet sweepings containing naphthalene, camphor balls or flakes; floor scrapings; oil-soaked rags; empty paint cans, pressurized cans or any other inflammable or highly combustible substance, into any incinerator chute or opening. (6) There shall be continuously and conspicuously posted on every door opening into a space in which there is located any service opening into an incinerator, and also on the wall directly over the hopper opening into such incinerator, a sign containing the following: "THROWING OILY RAGS, EMPTY PAINT CANS OR ANY OTHER INFLAMMABLE OR HIGHLY COMBUSTIBLE SUBSTANCE INTO THIS INCINERATOR IS UNLAWFUL." (7) Signs shall consist of the following: (a) Signs on doors leading to the service openings shall be not less than eight inches wide and not less than three inches high, and shall have letters not less than 1/4 inch high. (b) Signs placed on walls over the hopper shall be not less than 10 inches wide and four inches in height, and shall have letters not less than 5/16 of an inch high. (c) Lettering of signs shall be in red and background shall be in white. (d) Signs on doors shall be located on hall side and approximately five feet above the floor. (e) Signs shall be durable and substantially secured to the door or wall, and lighting shall be sufficient to make signs legible at all times. (8) Daily maintenance shall consist of: (a) Removal of residue and sittings from primary and separation chambers and ashpit. (b) Inspection of the proper operation of gas burner, main flue gate, manual and barometric dampers, grates and all cleanout doors. (9) Weekly maintenance shall consist of: (a) Removal of accumulated fly ash from bypass flue. (b) Inspection of hopper doors for tightness of fit. (c) Inspection of spark arrester for cleanliness and repair. (d) Removal of accumulated fly ash from roof baffle chamber. (e) Inspection of the condition of all refractory. All repairs or malfunctioning of equipment or deterioration shall be corrected before such incinerator may be used. KK. Elevators, dumbwaiters and escalators shall be maintained in proper working order; and elevators and escalators shall be tested whenever necessary: but at least once a year all working parts shall be tested by a reliable company whose sole business is installation, repair or service of elevators or escalators, who shall certify in writing to the Building Department of the Town of Hempstead that such device is in a safe and operable condition. LL. Hazardous-business occupancy. No business occupancy shall be permitted in any multiple residence which is of a hazardous nature. If there is any change in business occupancy different from that originally approved, in which the floor loads might exceed those for which the building was initially designed, the owner, lessee, tenant or occupant shall notify the Building Department before occupancy, for certification as to such use. MM. Waste receptacles. The owner, lessee or person in charge of every multiple residence shall provide and keep upon the premises proper and separate metal receptacles for the deposit of ashes, rubbish, garbage, refuse and other waste materials of sufficient capacity, and such shall be removed daily from such premises. NN. Cleanliness. (1) The owner of every multiple residence shall keep all and every part thereof, the lot on which it is situated, and the roofs, yards, courts, passages, areas or alleys appurtenant thereto, clean and free from vermin, dirt, filth, garbage or other thing or matter dangerous to life or health. (2) The owner of every multiple residence shall be responsible, to the satisfaction of the officer charged with the enforcement of this section, for the cleanliness of every public part thereof, including every room, passage, stair, floor, window, door, wall, ceiling, water-closet or toilet compartment, cesspool, drain, hall and cellar in such public part. (3) All carpets and rugs which are permitted in any public part of a multiple residence shall be taken up for cleaning, if possible; but regardless, shall be cleaned by the owner at least once a year or more often as the enforcing officer deems necessary. (4) Any tenant shall be punishable for existence of conditions within his apartment to the extent that such conditions are caused by him, by members of his family or household, or by his guests, and are under his control; but this provision shall not be construed to relieve the owner of any liability or duty under this section, except where a violation is caused and continued solely by the tenant or those under his control. OO. Bells. Whenever bells are installed at the entrance to any multiple residence or at any door of an individual apartment in a multiple dwelling, they shall be kept in good working order. PP. Mail. Whenever the owner of a multiple residence has not arranged for mail to be delivered to occupants thereof by himself, his agent or employees, arrangements shall be made for the delivery of such mail in conformity with regulations of the Post Office Department. QQ. Resident janitor or superintendent. Whenever there are 12 or more families occupying any multiple residence or a group of multiple residences which are connected or adjoining and are under the same ownership, and the owner does not reside therein, there shall be a janitor, superintendent or other responsible person on behalf of the owner who shall reside within such dwelling or within a radius of 1/2 mile of such dwelling and shall have charge of maintenance of such dwelling. However, the one-half-mile radius provision shall not prevail where the total number of families occupying any single or group of multiple residences is in excess of 25. RR. Repair. Every multiple residence, including its roof and every part thereof and the lot upon which it is situated, shall be kept in good repair. The owner shall be responsible for compliance with all provisions relating to multiple residences; but the tenant also shall be liable if a violation is caused by his own willful act, assistance or negligence or that of any member of his family or household, or his guest. Any such persons who shall willfully violate or assist in violating any provisions pertaining to multiple residences shall jointly and severally be subject to a summons. Whenever the light, ventilation or any matter or thing in or about a multiple residence or part thereof, or in or about the lot on which it is situated, is, in the opinion of the officer charged with the enforcement of the State Multiple Residence Law , and Codes, in a condition, or in its effect, dangerous to life or health, such officer may order or cause any such light, ventilation, matter or thing to be repaired or improved, or take such other action as deemed necessary to remove such danger to life or health. SS. Painting of new fire escapes. Every new fire escape shall be painted with two coats of paint. The Building Department requires these two coats to be applied in contrasting colors, the first coat at the shop before erection and the second coat after erection. Existing fire escapes shall be scraped and repainted whenever deemed necessary, in a manner satisfactory to the Building Department. Notice shall be given by the owner to the Department prior to painting of fire escapes. TT. Fire escapes. No iron bars, gates or other obstructing devices will be permitted on any window giving access to fire escapes. There shall be no encumbrances placed nor permitted to be maintained on any part of a fire escape, nor shall any wires, wash lines, aerials, antennas, etc., be permitted to be secured thereto. UU. Receptacles on window sills, etc. It shall be unlawful to place or keep any receptacles for the retention of flowers or other articles on any window sill, railing, balcony, porch top or other projections above a street, sidewalk or passageway, unless such receptacle is securely fastened or is protected by an iron railing so as to prevent the falling of such receptacle. VV. Filter or mixing rooms. Any filter or mixing room which is used in the process of purification of water for swimming pools located in or on the same premises as a multiple residence shall not be permitted in such residence if such chemicals, compounds or gaseous material used are of a highly combustible or hazardous nature or if the combination or admixture of such chemicals with other compounds used or dissolved in water will generate or give off gases of a dangerous or hazardous nature as defined by the National Board of Fire Underwriters or other nationally recognized laboratory. WW. Refrigeration systems. It shall be unlawful to install or maintain a refrigerating system employing a highly irritant, highly flammable or toxic refrigerant in any multiple residence. XX. Combustible and hazardous materials. It shall be prohibited: (1) To accumulate or store on residential premises, except in approved locations, any highly inflammable 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. (2) To accumulate or store 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.