Village of Dobbs Ferry, NY General Provisions

Editor's Note: See Ch. 127, Building Construction.

The following definitions shall apply in the interpretation and enforcement of this chapter:

A structure, the use of which is incidental to that of the main building and which is attached or located on the same premises.

BASEMENT

That portion of a building that is partly below grade which has more than 1/2 its height, measured from clear floor to ceiling, above the average finished grade of the ground abutting the building.

BULK CONTAINER

A garbage container having a capacity of two cubic yards or greater and which is equipped with fittings for hydraulic and/or mechanical emptying, unloading and/or removal.

CELLAR

Lowermost portion of a building, partly or totally underground, having half or more of its height, measured from clear floor to ceiling, below the average finished grade of the ground abutting the building.

COMBUSTIBLE

Material or combination of materials that will ignite and support combustion when heated to any temperature up to 1,382° F. (750° C.) during an exposure for five minutes.

CONDEMN

To adjudge unfit for use or occupancy.

DEPARTMENT

The Department of Buildings of the municipality or a department which regulates the administration and enforcement of this chapter.[1]

EGRESS

An arrangement of exit facilities to assure a safe means of exit from a building.

ENFORCEMENT OFFICER

The officer or other designated authority charged with the administration and enforcement of this chapter.

EXIT

A means of departure from the interior of a building to the exterior, at a street or to a yard, court or passageway leading to public open area, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape.

EXTERMINATION

The control and elimination of insects, vermin, rodents and other pests by eliminating their harborage areas; by removing or making inaccessible materials that might serve as their food; by poisoning, spraying, fumigating, trapping or using any other recognized and legal pest-elimination methods approved by the Enforcement Officer.

FIRE-RESISTANCE RATING

Time in hours or parts thereof that a material, construction or assembly will withstand fire exposure, as determined in a fire test made in conformity with generally accepted standards or as determined by extension or interpretation of information derived therefrom.

FLAME-RESISTANT MATERIAL

Material that is flame resistant by nature or has been made flame resistant in conformity with generally accepted standards.

FLUSH WATER CLOSET

A toilet bowl that is flushed with water supplied under pressure and equipped with a water-sealed trap above the floor level.

FUMIGATION

Extermination by the use of fumigants. A fumigant is any substance that, by itself or in combination with any other substance, emits or liberates a gas or gases, fumes or vapors which, when liberated and used for the destruction or control of insects, vermin, rodents or other pests, are lethal, poisonous, noxious or dangerous to human life.

GARBAGE

Animal and vegetable waste resulting from handling, preparation, cooking and consumption of food.

GROSS FLOOR AREA

The total area of all habitable space.

GROUP HOME

A family-type home for the care and maintenance of seven to 12 children, operated by an authorized agency.

GUEST

A person who shares a dwelling unit in a nonpermanent status for not more than 30 days.

HABITABLE SPACE

Space occupied by one or more persons for living, sleeping, eating or cooking, excluding kitchenettes, bathrooms, water closet rooms, laundries, pantries, dressing rooms, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms and basement or cellar recreation rooms.

HOUSEHOLD

One or more persons living together in a single dwelling unit and sharing common living, sleeping, cooking and eating facilities.

INFESTATION

The presence of a high incidence of insects, vermin, rodents or other pests within a residential building or on the outdoor premises.

INSECTICIDE

Any substance, not a fumigant, under whatever name known, used for the destruction or control of insects and other similar pests.

INTERIOR FINISH

Material applied directly to walls or ceilings for acoustical correction, surface insulation, decorative treatment or similar purposes, including but not limited to veneer, wainscoting and paneling. Surface finishes of wallpaper or other materials not more than 1/28 inch thick, having no greater fire hazard than wallpaper, shall not be deemed to be "interior finish."

INTERIOR TRIM

Material, generally not exceeding 12 inches in width, around openings or on wall or ceiling, including casings, stools, aprons, baseboards, chair rails, picture molds, cornice moldings and moldings applied for decoration.

KITCHEN

Space, 60 square feet or more in floor area, with a minimum width of five feet, used for cooking or preparation of food and deemed habitable space.

KITCHENETTE

Space, less than 60 square feet in floor area, used for cooking or preparation of food and not deemed habitable space.

MULTIPLE DWELLING

(1)

Any of the following:

(a)

A building designed or occupied for residential purposes by three or more families.

(b)

A series of attached, detached or semidetached buildings which are provided as a group collectively with essential services and utilities and which are located on a lot, plot or parcel of land under common ownership.

(c)

The residential part of a mixed occupancy building.

(2)

Regardless of the foregoing, any residential building other than a one- or two-family house on a single zoning lot shall be deemed to be a "multiple dwelling."

MUNICIPALITY

The Village of Dobbs Ferry.

NONCOMBUSTIBLE

Material or combination of materials that will not ignite and support combustion when heated at any temperature up to 1,382° F. (750° C.) during an exposure for five minutes.

NONHABITABLE SPACE OR AREA

Space used for and including but not limited to kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms and other spaces for service and maintenance of the building or structure.

NUISANCE

Includes the following:

(1)

ATTRACTIVE NUISANCEAttractive to and detrimental to children. This includes abandoned wells, shafts, basements and excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences and structures; and lumber, trash, fences, debris and vegetation that may prove a hazard for inquisitive minors.

(2)

HEALTH NUISANCEDangerous to human life or detrimental to health, as determined by the Enforcement Officer.

(3)

PUBLIC NUISANCEThe physical condition or use of any premises regarded as a public nuisance at common law.

OCCUPANT

Any person over one year of age living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit.

OPERATOR

Any person who has charge, care or control of a multiple residence or rooming house in which dwelling units or rooming units are let or offered for occupancy.

OWNER

Owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building.

PERMISSIBLE OCCUPANCY

The maximum number of persons permitted as a family or household to reside in a dwelling unit or rooming unit, based on the square feet per person in habitable rooms.

PERSON

Any individual, firm, corporation, association or partnership.

POTABLE WATER

Water duly approved as satisfactory and safe for drinking.

PREMISES

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

PRIVACY

The ability of a person or persons to carry out an activity without interruption or interference, either by sight or sound, by unwanted individuals.

PUBLIC AREAS

Areas available for common usage or used for storage purposes or for mechanical equipment of the dwelling.

PUBLIC SEWER

Sewer operated by a public authority or public utility and available for public use.

RATPROOFING

A form of construction that will prevent the ingress or egress of rats to or from a given space or building or prevent them from gaining access to food, water or harborage. It consists of the closing and keeping closed of every opening in foundations, basements, cellars, exterior and interior walls, ground or first floors, roofs, sidewalk gratings, sidewalk openings and other places that may be reached and entered by rats climbing, burrowing or other methods, by the use of materials impervious to rat gnawing or by other methods approved by the Enforcement Officer.

RODENTICIDE

Any substance, not a fumigant, under whatever name known, whether poisonous or otherwise, used for the destruction or control of rodents.

ROOMING HOUSE

A residential building or part thereof which contains one or more rooming units and, in which, space is occupied or intended to be occupied by three or more persons who are not husband or wife, son or daughter, mother or father or sister or brother of the owner or operator.

RUBBISH

All combustible and noncombustible waste, except garbage.

SEWAGE

Waste from a flush toilet, bath, sink, lavatory, dish-washing or laundry machine, or the water-carried waste from any other fixture or equipment or machine.

SPACE HEATER

A self-contained heating appliance of either the convection type or the radiant type and intended primarily to heat only a limited space or area, such as one room or two adjoining rooms.

[1]

Editor's Note: The former definition of "dwelling unit," which immediately followed, was repealed 6-27-2006 by L.L. No. 7-2006.

The term "shall," as used in this chapter, is always to be construed as mandatory.