City of Troy, NY Article II Definitions

§ 176-14 Word usage and terms defined.

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

B. Terms defined in building code. Where terms are not defined in this section and are defined in the Uniform Fire Prevention and Building Code or in Chapter 141, Buildings, of this Code, they shall have the meanings ascribed to them in those building codes.

C. Terms not defined. Where terms are not defined under the provisions of this chapter or under the provisions of Chapter 141, Buildings, of this Code or of the Uniform Fire Prevention and Building Code of the State of New York, they shall have ascribed to them their ordinarily accepted meanings or such as the context herein may imply.

D. 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."

E. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.

APPROVED

As applied to a material, device or method of construction, approved by the Director of Code Enforcement and/or his/her designee under the provisions of this chapter, or approved by other authority designated by law to give approval in the matter in question.

ACCESSORY STRUCTURE

A structure, the use of which is incidental to that of a residential building and which is located on the same premises.

BASEMENT

A portion of the building partly underground but having less than half its clear height below the average grade of the adjoining ground. (See "cellar.")

BUILDING CODE

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

CELLAR

The portion of the building partly underground, having half or more than half of its clear height below the average grade of adjoining ground.

DIRECTOR OF CODE ENFORCEMENT

The official designated by the City of Troy to enforce this chapter, or his/her duly authorized representative.

DWELLINGS

(1) ONE-FAMILY DWELLING A building containing one dwelling unit with not more than four lodgers or boarders in addition to family.

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

(3) MULTIFAMILY APARTMENT HOUSE A building containing more than two dwelling units.

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

(5) DORMITORY A building arranged or used for lodging six but not more than 20 individuals and having common toilet and bathroom facilities.

DWELLING UNIT

One or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.

ENFORCEMENT OFFICER

The official designated herein or otherwise charged with the responsibilities of administering this chapter, or his/her authorized representatives.

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, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poison spraying, fumigating, trapping, or by any other approved pest elimination methods.

FAMILY

A group of persons related by blood, marriage or adoption, within and including the degree of first cousins.

GARBAGE

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

GROSS FLOOR AREA

The total area of all habitable space in a building or structure.

HABITABLE ROOM

A room or enclosed floor space arranged for living, eating, and sleeping purposes (not including bathrooms, water closet compartments, laundries, pantries, foyers, hallways and other accessory floor spaces).

HOTEL

A building arranged or used for sheltering, sleeping, or feeding, for compensation, of more than 20 individuals.

INFESTATION

The presence, within or contiguous to a multifamily dwelling, dwelling unit, rooming house, rooming unit, or premises, of insects, rodents, vermin or other pests.

MOTEL

For purposes of this chapter, a motel shall be defined the same as a hotel.

MULTIFAMILY (Multiple Dwelling)

(See "dwellings.")

OCCUPANT

Any person over one year of age (including 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 multifamily dwelling or rooming house in which dwelling units or rooming units are let or offered for occupancy.

OWNER

The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possessions, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building or their duly authorized agents.

PERSON

An individual, firm, corporation, association or partnership.

PLUMBING or PLUMBING FIXTURES

water-heating facilities, water pipes, gas pipes, garbage and disposal units, waste lavatories, bathtub, shower baths, installed clothes washing machines or other similar equipment, catch basins, drains, vents or other similarly supplied fixtures, together with all connections to water, gas, sewer or vent lines.

PREMISES

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

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 Uniform Fire Prevention and Building Code.[2]

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 four persons who are not members of the same 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; and the term shall include 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 material.

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 by power-driven devices

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

WORKMANLIKE

Whenever the words "workmanlike state of maintenance and repair" are used in this chapter, they shall mean 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, extending along the entire length of a street or rear or interior lot line.

[1] Editor's Note: See Ch. 141, Buildings, of this Code.

[2] Editor's Note: See Chapter 141, Buildings, of this Code.