A.Â
Title. This chapter shall be known as the "Property
Maintenance Code of the Borough of Wharton," hereinafter referred
to as "this chapter."
B.Â
Scope. The provisions of this chapter shall apply
to all existing residential and nonresidential structures and all
existing premises and constitute minimum requirements and standards
for premises, structures, equipment and facilities for light, ventilation,
space, heating, sanitation, protection from the elements, life safety,
safety from fire and other hazards, and for safe and sanitary maintenance;
the responsibility of owners, operators and occupants; the occupancy
of existing structures and premises; and for administration, enforcement
and penalties.
C.Â
Intent. This chapter shall be construed to secure
its expressed intent, which is to ensure public health, safety and
welfare insofar as they are affected by the continued occupancy and
maintenance of structures and premises. Existing structures and premises
that do not comply with these provisions shall be altered or repaired
to provide a minimum level of health and safety as required herein.
Repairs, alterations, additions to and change of occupancy in existing
buildings shall comply with the International Existing Building Code.
D.Â
Compliance required. Every residential and nonresidential
building, structure and lot and the premises or part of the premises
on which it is situated in the Borough of Wharton previously or presently
used or intended to be used for dwelling, commercial business, recreational,
service, transportation, institutional, religious, charitable, quasi-public,
professional, warehousing, or industrial occupancy and uses accessory
thereto shall comply with the provisions of this chapter, whether
or not any such building or structure or use of the premises shall
have been constructed, altered or repaired before or after the enactment
of this chapter and irrespective of any permits or license which may
have been issued for the use or occupancy of such building or for
the installation or repair of equipment or facilities prior to the
effective date of this chapter. Vacant lots, lands and premises are
also required to comply with the provisions of this chapter.
E.Â
Higher standards to prevail. In any case where the
provisions of this chapter impose a higher standard than those set
forth in any other ordinance or regulation of the Borough of Wharton
or impose a higher standard than those set forth in the laws of the
State of New Jersey or any of its agencies, then the higher standard
shall prevail.
F.Â
Compliance with other ordinances. Compliance with
this chapter shall not constitute a defense against any violation
of any other ordinance of the Borough of Wharton applicable to any
structure or premises, nor shall any one act of compliance constitute
a defense against any subsequent or other violation of this chapter.
A.Â
General. The provisions of this chapter shall apply to all matters affecting or relating to structures and premises, as set forth in § 231-3 above. Where, in a specific case, different sections of this chapter specify different requirements, the most restrictive shall govern.
B.Â
Maintenance. Equipment, systems, devices and safeguards
required by this chapter or a previous regulation or code under which
the structure or premises was constructed, altered or repaired shall
be maintained in good working order. No owner, operator or occupant
shall cause any service, facility, equipment or utility which is required
under this section to be removed from or shut off from or discontinued
for any occupied dwelling, except for such temporary interruption
as necessary while repairs or alterations are in progress. The requirements
of this chapter are not intended to provide the basis for removal
or abrogation of fire protection and safety systems and devices in
existing structures. Except as otherwise specified herein, the owner
or the owner's designated agent shall be responsible for the maintenance
of buildings, structures and premises.
C.Â
Application of other codes. Repairs, additions or alterations to a structure or changes of occupancy shall be done in accordance with the procedures and provisions of the International Existing Building Code. Nothing in this chapter shall be construed to cancel, modify or set aside any provision of the Land Use and Development Code of the Borough of Wharton (Chapter 165).
D.Â
Existing remedies. The provisions of this chapter
shall not be construed to abolish or impair existing remedies of the
jurisdiction or its officers or agencies relating to the removal or
demolition of any structure which is dangerous, unsafe and unsanitary.
E.Â
Workmanship. Repairs, maintenance work, alterations
or installations which are caused directly or indirectly by the enforcement
of this chapter shall be executed and installed in a workmanlike manner
and installed in accordance with the manufacturer's installation instructions.
F.Â
Historic buildings. The provisions of this chapter
shall not be mandatory for existing buildings or structures designated
as historic buildings when such buildings or structures are judged
by the Housing Officer to be safe and in the public interest of health,
safety and welfare.
G.Â
Referenced codes and standards. The codes and standards
referenced in this chapter shall be those that are listed in this
chapter and considered part of the requirements of this chapter to
the prescribed extent of each such reference. Where differences occur
between provisions of this chapter and the referenced standards, the
provisions of this chapter shall apply.
H.Â
Requirements not covered by the property maintenance
code. Requirements necessary for the strength, stability or proper
operation of an existing fixture, structure or equipment, or for the
public safety, health and general welfare, not specifically covered
by this chapter, shall be determined by the Housing Officer.
A.Â
General. The Housing Officer is hereby designated
as the code official for the purposes of enforcement of this chapter.
The administration of the Borough may designate other officers, agents
or employees of the Borough, including, but not limited to, the Borough
Administrator, the Deputy Administrator, and the Director of Public
Works, to enforce this chapter.
B.Â
Appointment. The Housing Officer shall annually be
appointed by the chief appointing authority of the Borough, and the
Housing Officer shall not be removed from office except for cause
and after full opportunity to be heard on specific and relevant charges
by and before the appointing authority.
C.Â
Deputies. In accordance with the prescribed procedures
of the Borough and with the concurrence of the appointing authority,
the Housing Officer shall have the authority to appoint a deputy code
official, other related technical officers, inspectors and other employees.
D.Â
Liability.
(1)Â
The Housing Officer or employee charged with the enforcement
of this chapter while acting for the Borough shall not thereby be
rendered liable personally and is hereby relieved from all personal
liability for any damage accruing to persons or property as a result
of an act required or permitted in the discharge of official duties.
(2)Â
Any suit instituted against any officer or employee
because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this chapter shall
be defended by the legal representative of the Borough until the final
termination of the proceedings. The Housing Officer or any subordinate
shall not be liable for costs in an action, suit or proceeding that
is instituted in pursuance of the provisions of this chapter, and
any officer of the Borough acting in good faith and without malice
shall be free from liability for acts performed under any of its provisions
or by reason of any act or omission in the performance of official
duties in connection therewith.
A.Â
General. The Housing Officer shall enforce the provisions
of this chapter, along with the Administrator, the Deputy Administrator,
the Director of Public Works and any other agent, officer or employee
of the Borough as may be designated by the administration of the Borough.[1]
B.Â
Inspections. The Housing Officer shall make all of
the required inspections or shall accept reports of inspections by
approved agencies or individuals. All reports of such inspections
shall be in writing and be certified by a responsible officer of such
approved agency or by the responsible individual. The Housing Officer
is authorized to engage such expert opinion as deemed necessary to
report upon unusual technical issues that arise, subject to the approval
of the appointing authority.
C.Â
Right of entry. The Housing Officer is authorized
to enter the structure or premises at reasonable times to inspect
subject to constitutional restrictions on unreasonable searches and
seizures. If entry is refused or not obtained, the Housing Officer
is authorized to pursue recourse as provided by law.
D.Â
Identification. The Housing Officer shall carry proper
identification when inspecting structures or premises in the performance
of duties under this chapter.
E.Â
Notices and orders. The Housing Officer shall issue
all necessary notices or orders to ensure compliance with this chapter.
F.Â
Records. The Housing Officer shall keep official records
of all business and activities in the provisions of this chapter.
Such records shall be retained in the official records as long as
the building or structure to which such records relate remains in
existence, unless otherwise provided for by other regulations.
G.Â
Coordination of inspections. Whenever in the enforcement
of this chapter or another code or ordinance the responsibility of
more than one code official of the Borough is involved, it shall be
the duty of the code officials involved to coordinate their inspections
and administrative orders as fully as practicable so that the owners
and occupants of the structure shall not be subjected to visits by
numerous inspectors or multiple or conflicting orders. Whenever an
inspector from any agency or department observes an apparent or actual
violation of some provision of some law, ordinance or code not within
the inspector's authority to enforce, the inspector shall report the
findings to the code official having such jurisdiction.
A.Â
Modifications. Whenever there are practical difficulties
involved in carrying out the provisions of this chapter, the Housing
Officer shall have the authority to grant modifications for individual
cases, provided the Housing Officer shall first find that special
individual reason makes the strict letter of this chapter impractical
and the modification is in compliance with the intent and purpose
of this chapter and that such modification does not lessen health,
life and fire safety requirements. The details of action granting
modifications shall be recorded and entered in the official files.
B.Â
Alternative materials, methods and equipment. The
provisions of this chapter are not intended to prevent the installation
of any material or to prohibit any method of construction not specifically
prescribed by this chapter, provided that any such alternative has
been approved. An alternative material or method of construction shall
be approved where the Housing Officer finds that the proposed design
is satisfactory and complies with the intent of the provisions of
this chapter and that the material, method or work offered is, for
the purpose intended, at least the equivalent of that prescribed in
this chapter in quality, strength, effectiveness, fire resistance,
durability and safety.
C.Â
Required testing. Whenever there is insufficient evidence
of compliance with the provisions of this chapter or evidence that
a material or method does not conform to the requirements of this
chapter or in order to substantiate claims for alternative materials
or methods, the Housing Officer shall have the authority to require
tests to be made as evidence of compliance at no expense to the Borough.
(1)Â
Test methods. Test methods shall be as specified in
this chapter or by other recognized test standards. In the absence
of recognized and accepted test methods, the Housing Officer shall
be permitted to approve appropriate testing procedures performed by
an approved agency.
(2)Â
Test reports. Reports of tests shall be retained by
the Housing Officer for the period required for retention of public
records.
(3)Â
Material and equipment reuse. Materials, equipment
and devices shall not be reused unless such elements are in good repair
or have been reconditioned and tested when necessary, placed in good
and proper working condition and approved.
A.Â
General. When a structure or equipment is found by
the Housing Officer to be unsafe or when a structure is found unfit
for human occupancy or is found unlawful, such structure may be condemned
pursuant to the provisions of this chapter.
(1)Â
Unsafe structures. An unsafe structure is one that
is found to be dangerous to the life, health, property or safety of
the public or the occupants of the structure by not providing minimum
safeguards to protect or warn occupants in the event of fire or because
such structure contains unsafe equipment or is so damaged, decayed,
dilapidated, structurally unsafe or of such faulty construction or
unstable foundation that partial or complete collapse is possible.
(2)Â
Unsafe equipment. Unsafe equipment includes any boiler,
heating equipment, elevator, moving stairway, electrical wiring or
device, flammable liquid containers or other equipment on the premises
or within the structure which is in such disrepair or condition that
such equipment is a hazard to life, health, property or safety of
the public or occupants of the premises or structure.
(3)Â
Structure unfit for human occupancy. A structure is
unfit for human occupancy whenever the Housing Officer finds that
such structure is unsafe, unlawful or, because of the degree to which
the structure is in disrepair or lacks maintenance, is unsanitary,
vermin- or rat-infested, contains filth and contamination, or lacks
ventilation, illumination, sanitary or heating facilities or other
essential equipment required by this chapter, or because the location
of the structure constitutes a hazard to the occupants of the structure
or to the public.
(4)Â
Unlawful structure. An unlawful structure is one found
in whole or in part to be occupied by more persons than permitted
under this chapter or that was erected, altered or occupied contrary
to law.
B.Â
Closing of vacant structures. If the structure is
vacant and unfit for human habitation and occupancy and is not in
danger of structural collapse, the Housing Officer is authorized to
post a notice of condemnation on the premises and order all external
areas closed and windows secured so as not to be an attractive nuisance.
Upon failure of the owner to close the premises within the time specified
in the order, the Housing Officer shall cause the premises to be closed
and secured through any available public agency or by contract or
arrangement by private persons, and the cost thereof shall be charged
against the real estate upon which the structure is located and shall
be a lien upon such real estate and may be collected by any other
legal remedy.
C.Â
Notice. Whenever the Housing Officer has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with § 231-33. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in this chapter.
D.Â
Placarding.
(1)Â
Upon failure of the owner or person responsible to
comply with the notice provisions within the time given, the Housing
Officer shall post on the premises or on defective equipment a placard
bearing the word "condemned" and a statement of the penalties provided
for occupying the premises, operating the equipment or removing the
placard.
(2)Â
Placard removal. The Housing Officer shall remove
the condemnation placard whenever the defect or defects upon which
the condemnation and placarding action were based have been eliminated.
Any person who defaces or removes a condemnation placard without the
approval of the Housing Officer shall be subject to the penalties
provided by this chapter.
E.Â
Prohibited occupancy. Any occupied structure condemned
and placarded by the Housing Officer shall be vacated as ordered by
the Housing Officer. Any person who shall occupy placarded premises
or shall operate placarded equipment and any owner or any person responsible
for the premises who shall let anyone occupy placarded premises or
operate placarded equipment shall be liable for the penalties provided
by this chapter.
A.Â
Imminent danger. When in the opinion of the Housing
Officer there is imminent danger of failure or collapse of a building
or structure which endangers life, or when any structure or part of
a structure has fallen and life is endangered by the occupation of
the structure, or when there is actual or potential danger to the
building occupants or those in the proximity of any structure because
of explosives, explosive fumes or vapors or the presence of toxic
fumes, gases or materials, or operation of defective or dangerous
equipment, the Housing Officer is authorized and empowered to order
and require the occupants to vacate the premises forthwith. The Housing
Officer shall cause to be posted at each entrance to such structure
a notice reading as follows: "This Structure is Unsafe and Its Occupancy
Has Been Prohibited by the Housing Officer." It shall be unlawful
for any person to enter such structure except for the purpose of securing
the structure, making the requirement repairs, removing the hazardous
condition or of demolishing the same.
B.Â
Temporary safeguards. Notwithstanding other provisions
of this chapter, whenever in the opinion of the Housing Officer there
is imminent danger due to an unsafe condition, the Housing Officer
shall order the necessary work to be done, including the boarding
up of openings, to render such structure temporarily safe whether
or not the legal procedure herein described has been instituted and
shall cause such other action to be taken as the Housing Officer deems
necessary to meet such emergency.
C.Â
Closing streets. When necessary for public safety,
the Housing Officer shall temporarily close structures and close or
order the authority having jurisdiction to close sidewalks, streets,
public ways and places adjacent to unsafe structures and prohibit
the same from being utilized.
D.Â
Emergency repairs. For the purposes of this section,
the Housing Officer shall employ the necessary labor and materials
to perform the required work as expeditiously as possible.
E.Â
Costs of emergency repairs. Costs incurred in the
performance of emergency work shall be paid by the Borough. The legal
counsel of the Borough may institute appropriate action against the
owner of the premises where the unsafe structure is or was located
for the recovery of such costs and it shall be a lien upon such real
estate.
F.Â
Hearing. Any person ordered to take emergency measures
shall comply with such order forthwith. Any affected person shall
thereafter, upon petition directed to the Appeal Committee, be afforded
a hearing as described in this chapter.
A.Â
General. The Housing Officer shall order the owner
of any premises upon which is located any structure which in the Housing
Officer's judgment is so old, dilapidated or has become so out of
repair as to be dangerous, unsafe, unsanitary or otherwise unfit for
human habitation or occupancy, and such that it is unreasonable to
repair the structure, to demolish and remove such structure; or, if
such structure is capable of being made safe by repairs, to repair
and make safe and sanitary or to demolish and remove at the owner's
option; or, where there has been a cessation of normal construction
of any structure for a period of more than two years, to demolish
and remove such structure.
B.Â
Notices and orders. All notices and orders shall comply
with this chapter.
C.Â
Failure to comply. If the owner of a premises fails
to comply with a demolition order within the time prescribed, the
Housing Officer shall cause the structure to be demolished and removed,
either through an available public agency or by contract or arrangement
with private persons, and the cost of such demolition and removal
shall be charged against the real estate upon which the structure
is located and shall be a lien upon such real estate.
D.Â
Salvage materials. Whenever any structure has been
ordered demolished and removed, the governing body or other designated
officer under said contract or arrangement aforesaid shall have the
right to sell the salvage and valuable materials at the highest price
obtainable. The next proceeds of such sale, after deducting the expenses
of such demolition and removal, shall be promptly remitted with a
report of such sale or transaction, including the items of expense
and the amounts deducted, for the person who is entitled thereto,
subject to any order of a court. If such a surplus does not remain
to be turned over, the report shall so state.
A.Â
Any person affected by a decision of the Housing Officer
or a notice or demolition issued under this chapter, except when the
Housing Officer has filed a summons and complaint in the Municipal
Court, shall have the right to appeal to a committee consisting of
three members of the Council of the Borough, appointed by the Mayor,
provided that a written application for appeal is filed within 20
days after the date of the decision, notice or order was served. An
application for appeal shall be based on a claim that the true intent
of this chapter or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this chapter do not fully
apply, or the requirements of this chapter are adequately satisfied
by other means.
B.Â
Notice of meeting. The Committee shall meet upon notice
from the Clerk, within 10 days of the filing of an appeal or at scheduled
regular meetings.
C.Â
Open hearing. All hearings before the Committee shall
be open to the public. The appellant, the appellant's representative,
the Housing Officer, and any person whose interests are affected shall
be given an opportunity to be heard.
D.Â
Procedure. The Council shall adopt and make available
to the public through the Clerk procedures under which a hearing will
be conducted. The procedures shall not require compliance with strict
rules of evidence but shall mandate that only relevant information
be received.
E.Â
Postponed hearing. When two members are not present
to hear an appeal, either the appellant or the appellant's representative
shall have the right to request a postponement of the hearing.
F.Â
Decision. The Committee may modify or reverse the
decision of the Housing Officer by a concurring vote of a majority
of members eligible to vote.
G.Â
Resolution. The decision of the Committee shall be
by resolution. Certified copies shall be furnished to the appellant
and to the Housing Officer.
H.Â
Administration. The Housing Officer shall take immediate
action in accordance with the decision of the Committee.
I.Â
Court review. Any person, whether or not a previous
party of the appeal, shall have the right to apply to an appropriate
court to correct errors of law. Application for review shall be made
in the manner and time required by law.
A.Â
General.
(1)Â
Scope. Unless otherwise expressly stated, the following
terms shall, for the purposes of this chapter, have the meanings shown.
(2)Â
Interchangeability. Words stated in the present tense
include the future; words stated in the masculine gender include the
feminine and neuter; the singular number includes the plural and the
plural, the singular.
(3)Â
Terms defined in other codes. Where terms are not
defined in this chapter and are defined in the International Building
Code, International Zoning Code, International Plumbing Code, International
Mechanical Code, International Existing Building Code or the ICC Electrical
Code, such terms have the meanings ascribed to them as in those codes.
(4)Â
Terms not defined. Where terms are not defined through
the methods authorized by this section, such terms shall have ordinarily
accepted meanings such as the context implies.
(5)Â
Parts. Whenever the words "dwelling unit," "dwelling,"
"premises." "building," "rooming unit," "housekeeping unit" or "story"
are stated in this chapter, they shall be construed as though they
were followed by the words "or any part thereof."
B.Â
APPROVED
BASEMENT
BATHROOM
BEDROOM
CODE OFFICIAL
CONDEMN
DWELLING UNIT
EASEMENT
EXTERIOR PROPERTY
EXTERMINATION
GARBAGE
GUARD
HABITABLE SPACE
HOUSEKEEPING UNIT
IMMINENT DANGER
INFESTATION
INOPERABLE MOTOR VEHICLE
LABELED
LET FOR OCCUPANCY or LET
NUISANCE
OCCUPANCY
OCCUPANT
OPENABLE AREA
OPERATOR
OWNER
PERSON
PREMISES
PUBLIC WAY
ROOMING HOUSE
ROOMING UNIT
RUBBISH AND/OR REFUSE
STRICT LIABILITY OFFENSE
STRUCTURE
TENANT
TOILET ROOM
VENTILATION
WORKMANLIKE
YARD
General definitions. As used in this chapter, the
following terms shall have the meanings indicated:
Approved by the Housing Officer.
That portion of a building which is partly or completely
below grade.
A room containing plumbing fixtures including a bathtub and/or
shower.
Any room or space used or intended to be used for sleeping
purposes.
The official who is charged with the administration and enforcement
of this chapter or any duly authorized representative.
To adjudge unfit for occupancy.
A single unit providing complete, independent living facilities
for one or more persons, including provisions for living, sleeping,
eating, cooking and sanitation.
That portion of land or property reserved for present or
future use by a person or agency other than the legal fee owner(s)
of the property. The easement shall be permitted to be for use under,
on or above a said lot or lots.
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent lots, including
all outside surfaces and appurtenances thereto, all fences and walls,
and the open land space of any premises outside of any building or
structure erected thereon.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that serve as their food; by poison spraying,
fumigating, trapping or by any other approved pest elimination methods.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A building component or a system of building components located
at or near the open sides of elevated walking surfaces that minimizes
the possibility of a fall from the walking surface to a lower level.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces,
and similar areas are not considered habitable spaces.
A room or group of rooms forming a single habitable space
equipped and intended to be used for living, sleeping, cooking and
eating, which does not contain within such a unit a toilet, lavatory
and bathtub or shower.
A condition which could cause serious or life-threatening
injury or death at any time.
The presence, within or contiguous to, a structure or premises
of insects, rodents, vermin or other pests.
A vehicle which cannot be driven upon the public streets
for reasons including but not limited to being unlicensed, wrecked,
abandoned, in a state of disrepair, or incapable of being moved under
its own power.
Devices, equipment, appliances or materials to which has
been affixed a label, seal, symbol or other identifying mark of a
nationally recognized testing laboratory, inspection agency or other
organization concerned with product evaluation that maintains periodic
inspection of the production of the above labeled items and by whose
label the manufacturer attests to compliance with applicable nationally
recognized standards.
To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premises or structure
by a person who is or is not the legal owner of record thereof, pursuant
to a written or unwritten lease, agreement or license, or pursuant
to a recorded or unrecorded agreement of contract for the sale of
land.
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
Jersey, its governmental agencies or the ordinances of the Borough
of Wharton. Any physical condition existing in or on the exterior
of any premises which is potentially dangerous, detrimental or hazardous
to the life, health or safety of persons on, near or passing within
the proximity of premises where said condition exists.
The purpose for which a building or portion thereof is utilized
or occupied.
Any individual living or sleeping in a building or having
possession of a space within a building.
That part of a window, skylight or door which is available
for unobstructed ventilation and which opens directly to the outdoors.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property, or recorded in the official
records of the state, county or municipality as holding title to the
property, or otherwise having control of the property, including the
guardian of the estate of any such person and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
An individual, corporation, partnership or any other group
acting as a unit.
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
Any street, alley or similar parcel of land, essentially
unobstructed from the ground to the sky, which is deeded, dedicated
or otherwise permanently appropriated to the public for public use.
A building arranged or occupied for lodging, with or without
meals, for compensation and not occupied as a one- or two-family dwelling.
Any room or group of rooms forming a single habitable unit
occupied or intended to be occupied for sleeping or living but not
for cooking purposes.
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, combustible or noncombustible, including
but not limited to garbage; trash; ashes; paper, paper goods and products;
wrappings; cans, bottles, containers; yard clippings, garden waste;
debris; junk; glass; boxes; crockery; wood; mineral matter; plastic;
rubber; leather; furniture; household goods; appliances or parts thereof;
bedding; scrap lumber; scrap metal; construction material; inoperable
machinery or parts thereof; garden or farming implements; dead or
rotting vegetation; tires; abandoned, inoperative or unusable automobiles
and vehicles or their components; and solid commercial or industrial
waste.
An offense in which the prosecution in a legal proceeding
is not required to prove criminal intent as a part of its case. It
is enough to prove that the defendant either did an act which was
prohibited or failed to do an act which the defendant was legally
required to do.
That which is built or constructed or a portion thereof.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
A room containing a water closet or urinal but not a bathtub
or shower.
The natural or mechanical process of supplying conditioned
or unconditioned air to or removing such air from any space.
Executed in a skilled manner, e.g., generally plumb, level,
square, in line, undamaged and without marring adjacent work.
An open space on the same lot with a structure.
