Borough of Hasbrouck Heights, NJ Article X Definitions and Word Usage

§ 206-46 Word usage.

Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural, the singular.

§ 206-47 Terms defined elsewhere.

Where terms are not defined in this chapter and are defined in the building, plumbing, mechanical or zoning codes,[1] they shall have the same meanings ascribed to them as in those codes.

[1] Editor's Note: See Ch. 119, Construction Codes, Uniform, and Ch. 275, Zoning.

§ 206-48 Terms not defined elsewhere.

Where terms are not defined under the provisions of this chapter or under the provisions of the building, plumbing, mechanical or zoning codes, they shall have ascribed to them their ordinarily accepted meanings or such as the context herein may imply.

§ 206-49 Definitions.

A. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this article:

APPROVED

As applied to a material, device, or method of construction, approved by the code official, under the provisions of this chapter, or approved by another authority designated by law to give approval in the matter in question.

BASEMENT

That portion of a building which is partly below and partly above grade and having at least 1/2 of its height above grade (see "cellar").

BUILDING CODE

The Building Code officially adopted by the legislative body of this jurisdiction[1] or such other code as may be officially designated by the legislative body of the jurisdiction for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures.

BUILDING OFFICIAL

The Building Inspector of the Borough of Hasbrouck Heights or a duly authorized representative.

CELLAR

That portion of a building which is partly or completely below grade and having at least 1/2 of its height below grade (see "basement").

CENTRAL HEATING

The heating system permanently installed and adjusted so as to provide the distribution of heat to all habitable rooms, bathrooms and water-closet compartments from a source outside of these rooms.

CODE OFFICIAL

The official who is charged with the administration and enforcement of this chapter or any duly authorized representative.

CONDEMN

To adjudge unfit for use or occupancy.

CONDEMNATION

The act of judicially condemning.

DWELLINGS

(1) ONE-FAMILY DWELLING A building containing one dwelling unit with not more than two lodgers or boarders.

(2) TWO-FAMILY DWELLING A building containing two dwelling units with not more than two lodgers or boarders per family.

(3) MULTIFAMILY APARTMENT HOUSE A building or portion thereof containing more than two dwelling units and not classified as a one- or two-family dwelling.

(4) BOARDINGHOUSE, LODGING HOUSE AND TOURIST HOUSE A building arranged or used for the lodging, with or without meals, for compensation, of more than two and not more than 20 individuals.

(5) DORMITORY A space in a building where group sleeping accommodations are provided for persons who are not members of the same family group, in one room or in a series of closely associated rooms.

(6) HOTEL Any building containing six or more guest rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests.

DWELLING UNIT

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

ENFORCEMENT OFFICER

The official designated herein or otherwise charged with the responsibilities of administering this chapter or the official's authorized representative.

EXTERIOR PROPERTY AREAS

The open space on the premises and on adjoining property under the control of owners or operators of such premises.

EXTERMINATION

The control and elimination of insects, rats or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poison spraying, fumigating or trapping or by any other approved pest-elimination methods.

FAMILY

An individual or married couple and the children thereof with not more than two other persons related directly to the individual or married couple by blood or marriage or a group of not more than two unrelated persons, excluding servants, living together as a single housekeeping unit in a dwelling unit.

GARBAGE

The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

HABITABLE SPACE

Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not considered habitable space.

HOTEL

See "dwellings."

INFESTATION

The presence, within or contiguous to a structure or premises, of insects, rats, vermin or other pests.

JUNK VEHICLE

Any vehicle which is without a currently valid license plate or plates and is in either a rusted, wrecked, discharged, dismantled, partly dismantled, inoperative or abandoned condition. A "junk vehicle" shall be classified as to its condition in one of the two following categories. The code official shall make the final determination as to the classification to be assigned to any one particular vehicle.

(1) RESTORABLE A junk vehicle that is in a condition whereby repairs to the same could be made to place it in operating condition without exceeding the estimated value when repaired.

(2) WRECK A junk vehicle in such condition that it is economically unsound to restore the same to operating condition considering the repairs to be made, age of the vehicle and market value of the vehicle, if it were restored, or in such condition that the public officer determines that it warrants such classification.

LET FOR OCCUPANCY or LET

To permit possession or occupancy of a dwelling, dwelling unit, rooming unit, building or structure by a person who shall be the legal owner or not be the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license or pursuant to a recorded or unrecorded agreement or contract for the sale of land.

MAINTENANCE

Conformance of a building and its facilities to the code under which the building was constructed.

MOTEL

A "hotel," as defined in this chapter.

MULTIFAMILY (MULTIPLE) DWELLINGS

See "dwellings."

OCCUPANT

Any person over one year of age, including the owner or operator, living and sleeping in a dwelling unit or having actual possession of said dwelling or rooming unit.

OPENABLE AREA

That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

OPERATOR

Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER

Any person, agent, firm or corporation having a legal or equitable interest in the property.

PERSON

Includes a corporation or copartnership as well as an individual.

PLUMBING

The practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances within the scope of the Plumbing Code.[2]

PLUMBING FIXTURE

A receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises and demands a supply of water therefrom or discharges used water, liquid-borne waste materials or sewage either directly or indirectly to the drainage system of the premises or which requires both a water supply connection and a discharge to the drainage system of the premises.

PREMISES

A lot, plot or parcel of land, including the buildings or structures thereon.

PUBLIC NUISANCE

Includes the following:

(1) The physical condition or use of any premises regarded as a "public nuisance" at common law.

(2) Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including but not limited to abandoned wells, shafts, basements, excavations and unsafe fences or structures.

(3) Any premises which has unsanitary sewerage or plumbing facilities.

(4) Any premises designated as unsafe for human habitation or use.

(5) Any premises which is manifestly capable of being a fire hazard or is manifestly unsafe or unsecure as to endanger life, limb or property.

(6) Any premises from which the plumbing, heating and/or facilities required by this chapter have been removed or from which utilities have been disconnected, destroyed, removed or rendered ineffective or the required precautions against trespassers have not been provided.

(7) Any premises which is unsanitary or which is littered with rubbish or garbage or which has an uncontrolled growth of weeds.

(8) Any structure or building that is in a state of dilapidation, deterioration or decay or faulty construction or is overcrowded, open, vacant or abandoned, damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and is dangerous to anyone on or near the premises.

RENOVATION

A building and its facilities made to conform to present day minimum standards of sanitation, fire and life safety.

RESIDENCE BUILDING

A building in which sleeping accommodations or sleeping accommodations and cooking facilities as a unit are provided, except when classified as an institution under the Building Code.[3]

ROOMING HOUSE

Any residence building, or any part thereof, containing one or more rooming units in which space is let by the owner or operator to more than two persons who are not members of the family. (See "dwellings, boardinghouse.")

ROOMING UNIT

Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.

RUBBISH

Combustible and noncombustible waste materials, except garbage, including the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.

STRUCTURE

That which is built or constructed, including, without limitation because of enumeration, buildings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes, chute escapes, railings, water tanks, towers, open grade steps, sidewalks or stairways, tents or anything erected and framed of component parts which is fastened, anchored or rests on a permanent foundation or on the ground.

SUPPLIED

Installed, furnished or provided by the owner or operator.

VENTILATION

The process of supplying and removing air, by natural or mechanical means, to or from any space.

(1) MECHANICAL VENTILATION Ventilation by power-driven devices.

(2) NATURAL VENTILATION Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks without wind-driven devices.

WORKMANLIKE STATE OF MAINTENANCE AND REPAIR

That such maintenance and repair shall be made in a reasonably skillful manner.

YARD

An open, unoccupied space on the same lot with a building.

[1] Editor's Note: See Ch. 119, Construction Codes, Uniform.

[2] Editor's Note: See Ch. 119, Construction Codes, Uniform.

[3] Editor's Note: See Ch. 119, Construction Codes, Uniform.

B. Whenever the words "multifamily dwelling," "residence building," "dwelling unit," "rooming house," "rooming unit" or "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."