Lyons, N.Y., Code of Ordinances ch. 236 (eCode360 ed. 2026) § 236-3

This section clarifies the minimum acceptable standards for the maintenance of rental units in addition to any and all other requirements of the New York State Uniform Fire Prevention and Building Code. A. Sanitary facilities; appliances. (1) Dwelling units shall include sanitary facilities located in the unit. The sanitary facilities must be in proper operating condition, and adequate for personal cleanliness and the disposal of human waste. The sanitary facilities must be usable in privacy. (2) Each dwelling unit shall have an oven, and a stove or range, and a refrigerator of appropriate size for the number of occupants. (3) All of the equipment must be in proper operating condition. The equipment may be supplied by either the owner or the occupants. A microwave oven may be substituted for a tenant-supplied oven and stove or range. A microwave oven may be substituted for an owner-supplied oven and stove or range if the tenant agrees and microwave ovens are furnished instead of an oven and stove or range to all tenants in the building or premises. (4) Each dwelling unit shall have a kitchen sink in proper operating condition, with a sink trap and hot and cold running water. The sink shall drain into an approved public or private sewage disposal system. (5) Each dwelling unit must have a flush toilet, a fixed basin with hot and cold running water, and a shower or tub with hot and cold running water in a separate, private room in the dwelling unit, all in proper operating condition. These facilities shall utilize an approved public or private disposal system. B. Food preparation and refuse disposal. (1) Each dwelling unit shall have suitable space and equipment to store, prepare, and serve foods in a sanitary manner. (2) There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary. (a) Location on site. Centralized solid waste and recyclables collection facilities shall be set back 30 feet from all property lines of the parcel proposed for development. In the alternative, if it is not possible to service the centralized facilities in a location which is at least 30 feet from all property lines, then the facilities may be located closer to the property lines, provided that they are designed and constructed to be consistent and compatible with the building or buildings on the parcel in terms of materials and architecture and are located as far from the property line as is practicable. (b) Enclosure requirements. The areas where refuse and recycling containers are stored shall be fully enclosed to a height of one foot above the top of the container(s) by solid fencing or an opaque wall constructed of brick, stone, or stucco-finished concrete block. Exception: one- and two-family dwellings. (c) Size of residential refuse containers. The minimum size of rubbish facilities shall be 0.56 cubic yard (or one ninety-gallon trash can) per residential unit served, with weekly pickup. C. Space and security. (1) Each dwelling unit shall contain a living room, kitchen area, and bathroom. The dwelling unit shall also contain the appropriate number and size of bedrooms for the number of occupants. Persons of the opposite sex, other than husband and wife or children under the age of six, shall not be required to occupy the same bedroom. (2) Dwelling unit windows located on the first floor, at the basement level, on a fire escape, porch, or other outside space that can be reached from the ground and that are designed to be opened shall have a locking device. (Windows with sills less than six feet off the ground shall be considered accessible.) Traditional window locks, those provided by storm/screen combination windows, window pins, and nails are acceptable. Windows leading to a fire escape, serving as a means of escape, or required to meet ventilation requirements may not be permanently nailed shut. (3) Doors leading to the outside and common hallways, fire escapes, and porches or otherwise accessible from the ground must have locks. (4) Except for vehicular access, door openings in enclosed attached garages must have locks. (5) Window and door surfaces (including the door frame) must be in sufficient condition to support the installation and proper operation of window and door locks. (6) Security methods shall not create a hazard to life by obstructing any means of egress or any opening which is classified as a means of escape. Security provisions shall not supersede the safety requirements relative to latching or locking devices on exit doors which would be contrary to the provisions of the Uniform Code. (7) Bars, grilles, grates or similar devices may be installed in an egress window or door required by the Uniform Code, provided the devices are equipped with approved release mechanisms which are openable from the inside without the use of a key or special knowledge or effort. D. Mechanical systems and cooking equipment. (1) Forced warm air and gravity furnaces. (a) Filters shall be changed at least yearly. (b) All heating ducts shall be connected and grates shall be installed on all duct openings to prevent trip hazards and/or debris from accumulating in the duct. (c) Room registers that have an open/close damper shall operate properly or be locked in the open position. (2) Hot water and steam boilers. All hot water and steam boilers shall comply with the following: (a) All water boilers and steam boilers shall be provided with an automatic means to shut off the fuel supply to the burner(s) if the boiler water level drops below the lowest safe water line. In lieu of the low-water cutoff, water tube or coil-type boilers that require forced circulation to prevent overheating and failure shall have an approved flow-sensing device arranged to shut down the boiler when the flow rate is inadequate to protect the boiler against overheating. (b) Steam and hot water boilers shall be equipped, respectively, with listed or approved steam safety or pressure relief valves of appropriate discharge capacity and conforming to ASME requirements. A shutoff valve shall not be placed between the relief valve and the boiler or on discharge pipes between such valves and the atmosphere. Relief valves shall be piped to discharge near the floor, and the entire discharged piping shall be at least the same size as the relief valve discharge piping. Discharge piping shall not contain threaded end connection at its termination point. (3) Hot water heaters. All water heaters shall comply with the following: (a) A shut-off valve shall be provided on the cold water line. (b) A pressure-relief valve shall be installed and extended to within six inches of the floor. The extension pipe shall be a 3/4-inch pipe. (c) Where the plumbing is a metallic water system, a copper jumper (#6 ground wire) shall be connected from the cold water line to the hot water line. (d) The water heater shall be adequate in size to serve the number of occupants. (e) The water heater shall be free of leaks. (4) Electric baseboard heating. (a) All electric baseboard heaters shall have a cover and be in good working condition. (b) Electrical receptacles shall not be installed or maintained above electric baseboard heaters. (c) Sufficient clearance shall be maintained between electric baseboard heaters and draperies so as to avoid fire. Where the baseboard heater instructions are not available for guidance, a minimum of 18 inches of clearance shall be provided. (5) Cooking equipment. (a) All burners on cooking equipment shall work, and all knobs must be present for burners and oven. (b) Electric ranges shall have an approvable 220-volt receptacle properly secured to the wall. (6) Plumbing. (a) The dwelling shall be free of leaks in supply lines. (b) Sewer and waste lines shall be sound and free of leaks or backups. Waste lines at sinks and tubs shall drain freely. (c) Faucets, hose bibs and toilets shall be free of leaks and drips. (d) Minor drips at faucets, hose bibs and toilets may be allowed when the landlord pays for the water and if the leak does not affect the surrounding areas such as countertops or base cabinets. (e) Water shall not be permitted to run continuously in toilets. E. Illumination and electricity. (1) Each room shall have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of occupants. (2) Exterior artificial lighting shall be maintained in operating condition. (3) Sufficient electrical sources shall be provided to permit use of essential electrical appliances while assuring safety from fire. (4) Electrical receptacles at water service areas such bathrooms, kitchen countertops, laundry areas, and within six feet of any other sink or hose bibs shall be grounded. Where a receptacle at a water service area must be corrected to include a ground, or electrical work must be done to add a receptacle, ground fault circuit interrupters (GFI) shall be installed. (5) Receptacles of the three-prong type shall be grounded or shall be marked "No Equipment Ground." (6) Receptacles that are part of a bathroom cabinet fixture shall be grounded or disconnected. (7) When new electrical services are being installed or upgraded, the circuit box shall be labeled on the inside to list what circuits each breaker serves. All blank circuit spaces in the box must be covered. (8) Wiring systems shall be deemed to be a fire hazard when conditions such as, but not limited to, the following are found: (a) A switch or receptacle faceplate feels unusually warm or there is a burning odor in the immediate vicinity. (b) There is a flickering of lights which is not traceable to appliances or obvious external causes. (c) Any abnormal heating or sparking of any wiring system. F. Structure and materials. Ceilings, walls, and floors shall not have any serious defects such as severe bulging or leaning, large holes, loose surface materials, severe buckling or noticeable movement under walking stress, missing parts or other serious damage. The roof structure shall be firm and the roof shall be weathertight. The exterior wall structure and exterior wall surface shall not have any serious defects such as serious leaning, buckling, sagging, cracks or holes, loose siding, or other serious damage. The condition and equipment of interior and exterior stairways, halls, porches, walkways, etc., shall be such as not to present a danger of tripping or falling. Elevators shall be maintained in safe and operating condition. (1) Walls and ceilings must be free from holes which exceed a 1/2-inch diameter. Walls at tub or shower areas must be properly waterproofed. (2) All uncovered wood floors of a soft wood construction must be covered if there is evidence of splintering wood or unsanitary conditions. Carpets or other floor coverings which are unsanitary or present a trip hazard shall be removed, repaired, thoroughly cleaned or replaced as necessary. Unsanitary carpet includes carpet that has collected excessive food spills, pet waste, dirt, etc. Any holes in floor coverings greater than four inches in width shall be deemed a trip hazard. (3) Garages and outbuildings shall be structurally sound, shall have no broken windows, and be free of accumulated rubbish. (4) The exterior of dwellings shall be maintained comparable in condition to the dwellings in the surrounding neighborhood. G. Interior air quality. (1) The dwelling shall be free from dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust, and other harmful pollutants. (2) There shall be adequate air circulation in the dwelling unit. H. Water supply. Dwellings must be served by an approved public or private water supply that is sanitary and free from contamination. I. Access. The dwelling shall be usable and capable of being maintained without unauthorized use of other private properties, and the building shall provide an alternate means of egress in case of fire. J. Infestations. (1) All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation. (2) Standing water in buckets, aquatic vessels, tires, etc., shall be eliminated to control the breeding of mosquitoes. (3) Control of bedbugs. (a) A landlord shall not show, rent, or lease to a prospective tenant any vacant rental unit that the landlord knows has a current bed bug infestation. (b) A tenant shall promptly notify a landlord orally or in writing when the tenant knows or reasonably suspects that the tenant's rental unit is infested with bed bugs. Not later than five business days after receiving such notice, the landlord shall obtain an inspection by a qualified inspector of the rental unit and any contiguous unit of which the landlord is an owner, lessor or sublessor, and may enter any such dwelling unit or contiguous unit for the purpose of conducting such inspection. If the qualified inspector determines that any such rental unit or contiguous unit is infested with bed bugs, the landlord shall, not later than five business days after the date of the inspection, take reasonable measures, as determined by such qualified inspector, to effectively treat the bed bug infestation, including treating or retaining the services of a pest control agent to treat the rental unit and any contiguous unit of which the landlord is an owner, lessor or sublessor, except the landlord may first attempt to treat such infestation. If the landlord treats such bed bug infestation without retaining the services of a pest control agent, the landlord shall first vacuum the areas to be treated and shall, not later than five business days after the date of such treatment, obtain an inspection of any treated unit by a qualified inspector. If the qualified inspector determines that any such unit is not infested with bed bugs, the qualified inspector shall provide the landlord with a written certification of such determination, a copy of which shall be provided to the Code Enforcement Officer. If the qualified inspector determines that any such unit is infested with bed bugs, the landlord shall, not later than five business days after the date of such inspection, retain the services of a pest control agent. The landlord shall be responsible for all costs associated with inspection for and treatment of a bed bug infestation in multiple dwellings, and upon vacancy of any rental unit where a bedbug infestation is known to exist. Tenants shall cooperate with the inspection and extermination process, which shall include reducing unreasonable amounts of clutter that create hiding places for pests and deter treatment. (c) Whenever any furniture, clothing, equipment or personal property belonging to a tenant is found to be infested with bed bugs, such furniture, clothing, equipment or personal property shall not be removed from the dwelling unit until a pest control agent determines that a bed bug treatment has been completed, or until the landlord approves of such removal. (d) This subsection shall not impose a duty on a landlord to inspect or treat a dwelling unit or the common areas of the premises for bed bugs if the landlord has no notice of a suspected or actual bed bug infestation. If a bed bug infestation is evident on visual inspection, the landlord shall be considered to have notice pursuant to this section. K. Fire and life safety. (1) There shall be a working smoke alarm located in each bedroom and in a central location on each floor level of the rental unit, including the basement. (2) If the rental unit is occupied by hearing-impaired persons, each required smoke alarm shall be designed for hearing-impaired persons. (3) The rental unit shall have an adequate fire exit. Windows are acceptable for the first and/or second floor. The third floor or above shall have a fire escape or an acceptable second stairway and exit. (a) Exception 1: where a fire sprinkler system is installed in conformity with NFPA 13, NFPA 13R, or NFPA 13D, as applicable. (b) Exception 2: above the second floor and below the seventh floor, where a means of escape is provided and equipped with a portable escape ladder compliant with ASTM F2175 (Standard Specification for Portable and Permanent Emergency Escape Ladders for Residential Use). (4) The rental unit shall have unimpeded access to at least one portable fire extinguisher within 75 feet of travel distance, located along the path of exit from the unit and/or building. Such extinguisher shall be at least a 2.5-pound ABC dry chemical type, and shall be properly mounted in place. (5) There shall be a working carbon monoxide alarm provided and located in the rental unit as required by the New York State Uniform Fire Prevention and Building Code. (6) Stovetop fire suppressors. Owners and/or managers of apartment buildings containing three or more rental units with no automatic fire suppression or sprinkler system shall: (a) Install and maintain an approved, automatic, laboratory-tested fire-extinguishing device designed to suppress fires in all vent hoods located above cooking appliances; or (b) Install and maintain other automatic, laboratory-tested stovetop fire prevention or mitigation technology for all stovetops in the dwelling. (c) The Code Enforcement Officer shall set a date or dates for achieving compliance with this subsection, and may establish a phase-in schedule for compliance. L. Paint and paint hazards. (1) All interior and exterior painted surfaces, including but not limited to doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained free of peeling, flaking and chipped paint. Deteriorated interior painted surfaces exceeding two square feet, deteriorated exterior painted surfaces exceeding 20 square feet, and deteriorated individual components exceeding 10% of the component shall require stabilization. Exception: Interior surfaces in rental units and common areas constructed after 1978, or which have been inspected by a certified (licensed) lead-based paint inspector or risk assessor (see 40 CFR Part 745) and found to contain no lead-based paint. (2) Where applicable, stabilization shall follow lead-safe work practices as stipulated by HUD and/or EPA. (3) Before ratification of a contract for a housing sale or lease, sellers and landlords must: (a) Give to the tenant or buyer an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards ("Protect Your Family From Lead in Your Home" pamphlet). (b) Disclose any known information concerning lead-based paint or lead-based paint hazards. The seller or landlord shall also disclose information such as the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces. (c) Provide any records and reports on lead-based paint and/or lead-based paint hazards which are available to the seller or landlord (for multi-unit buildings, this requirement includes records and reports concerning common areas and other units, when such information was obtained as a result of a building-wide evaluation). (d) Include an attachment to the contract or lease (or language inserted in the lease itself) which includes a Lead Warning Statement and confirms that the landlord has complied with all notification requirements. This attachment shall be provided in the same language used in the rest of the contract. Sellers, landlords, and agents, as well as buyers and tenants, must sign and date the attachment. (e) Sellers and landlords shall retain a copy of the disclosures for no less than three years from the date the leasing period begins. M. Manufactured housing. A manufactured home shall be securely anchored by tie-down devices which distribute and transform the loads imposed by the unit to appropriate ground anchors to resist wind overturning and sliding. N. Housekeeping. (1) Cooking surfaces and equipment shall be kept free of grease. (2) Occupied buildings and structures shall be kept in broom swept condition at all times. O. Site and neighborhood conditions. The site and neighborhood shall be maintained reasonably free from disturbing noises and reverberations or other dangers to the health, safety and general welfare of the occupants. (1) Adverse natural or man-made environmental conditions may include dangerous walks or steps, instability, flooding, poor drainage, septic tank back-ups or sewer hazards, mudslides, abnormal air pollution, smoke or dust, excessive noise, vibration, or vehicular traffic, excessive accumulations of trash, vermin or rodent infestation, or fire hazards. (2) It shall be prohibited to occupy or use for residential purposes the residential part of a mixed occupancy building if the nonresidential part of such building is classified for use as a high-hazard occupancy, or if the nonresidential use is obnoxious or offensive to the residential occupancy or use.