The following definitions shall apply in the interpretation and enforcement of this Part
3:
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the
main building, and which is attached to or located on the same premises.
BASEMENT
That portion of a building that is partly below grade, which
has more than 1/2 of 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
The 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 a 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 Building of the municipality, or a department which regulates the administration and enforcement of this Part
3.
DWELLING UNIT
Any room or group of rooms located within a residential building
and forming a single habitable unit, containing living, cooking, sanitary
and sleeping facilities.
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 Part
3.
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 areas, 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 Building Inspector.
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 or 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 the handling, preparation,
cooking and consumption of food, trash and unwanted matter.
GROUP HOME
A family-type home for the care and maintenance of seven
to 12 individuals, 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
finished 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 a wall or ceiling, including casings, tools, aprons,
baseboards, chair rails, picture moldings, 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 the 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
A.
Any of the following:
(1)
A building designed or occupied for residential purposes by
three or more families;
(2)
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; or
(3)
The residential part of a mixed-occupancy building.
B.
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.
NONCOMBUSTIBLE
Material or a combination of materials that will not ignite
and support combustion when heated at any temperature up to 1,382° F.
(75° 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 maintenance
of the building or structure.
NUISANCE
A.
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 other vegetation that may prove a hazard for inquisitive minors.
B.
HEALTH NUISANCEDangerous to human life or detrimental to health, as determined by the Building Inspector.
C.
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
The 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
A 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 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 Building
Inspector.
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, sink, lavatory, dishwashing 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.
Whenever the words "building," "rooming house," "dwelling unit," "rooming unit," "premises" and "structure" are used in this Part
3, they shall be construed as though they were followed by the words "or any part thereof."
The words "approved," "adequate," "properly installed" and "properly connected" shall refer to those standards in the Multiple Residence Law, local building code and any other enactment of law applicable to a building or under inspection by the Department and all rules and regulations adopted pursuant to this Part
3. Words not specifically defined in this Part
3 shall have the common definition set forth in a standard dictionary.