Article 121: Other Food Establishments: Dry Warehouses; Edible Egg Breaking; Bakeries; Mineral, Spring and Other Waters; Carbonated and Other Beverages [Repealed]

Part B: Control of Environment

Article 131: Buildings

§ 131.01 Scope and Applicability.

This Article shall apply to all occupied commercial and residential buildings unless otherwise specified.

§ 131.03 Definitions.

When used in this Article, the following terms shall have the following meanings.

   (a)   Child-occupied premises shall mean a building or part of a building used as a residence for persons under eighteen (18) years of age, or in which child care or educational services are provided to such persons.

   (b)   Commercial building shall mean any building or part thereof in which a business, occupation, or trade is conducted but shall not mean a building that is registered with HPD in accordance with § 27-2097(ff) of the Administrative Code or any successor provision.

   (c)   Dry cleaning facility shall mean any building or part of a building in which dry cleaning equipment using perchloroethylene is used.

   (d)   Dust shall mean the solid particles generated by means such as handling, crushing, grinding, and rapid impact of materials such as rock, metal, and wood.

   (e)   Fumes shall mean the airborne particles formed from the condensation of a volatilized solid.

   (f)   Gas shall mean the state of a substance in which it can expand indefinitely and completely fill its container.

   (g)   Multiple dwelling shall mean a residential building consisting of three or more dwelling units, rooms or apartments.

   (h)   Nuisance shall mean any condition dangerous to life or detrimental to health, as defined in § 17-142 of the Administrative Code or any successor provision.

   (i)   Vapor shall mean the gaseous form of a substance that is normally in a solid or liquid state at room temperature and pressure.

§ 131.04 Gas-Fired Refrigerators; Certain Prohibited; Sealing of Defective . [Repealed]

§ 131.041 Refrigerators, Discarded; Removal of Locking Devices . [Repealed]

§ 131.042 Approved Space and Water Heaters to Be Provided in Certain One and Two Family Residential Buildings . [Repealed]

§ 131.05 Duty; Responsibility for Violations .

   (a)   Duty. The owner, manager, agent, lessee, tenant, occupant or other person who manages or controls all or part of a building shall operate such building or part thereof in a safe condition and in a manner that maintains the structural integrity, prevents infestation by pests, and provides heat, ventilation and lighting in accordance with this Code and other applicable law, and shall not create or allow to exist in such building any nuisance or other condition dangerous to the life or health of occupants, invitees or members of the public who are within such building or in or on premises adjacent to such building.

   (b)   Violations. The owner, manager, agent, lessee, tenant, and occupants of a building shall be jointly and severally liable for the existence in such building of a nuisance, or condition dangerous to life or health, or a violation of any provision of this article, insofar as they have the power to prevent or abate such condition or violation. Such persons shall comply with an order of the Commissioner or the Department, or of HPD, DOB, DEP or DOS, to remove any nuisance, or dangerous or unsanitary condition.