The following terms, used throughout this Part
5, shall be defined as follows:
BEDROOM
Any room or space used or intended to be used for sleeping
purposes in either a dwelling or sleeping unit.
BUILDING
Any structure used or intended for supporting or sheltering
any use or occupancy.
BUILDING SAFETY INSPECTOR (BSI)
The official who is charged with the administration and enforcement
of this article, and such person(s) successfully completed the training
courses 9A16, 9B16 and 9C16 with the New York State Department of
State, Division of Code Enforcement, and is currently certified a
Building Safety Inspector.
CODE ENFORCEMENT OFFICIAL (CEO)
The official who is charged with the administration and enforcement
of this article, or any duly authorized representative of such person,
including but not limited to the Building Inspector, Chief Building
Inspector, Principal Building Inspector, Senior Building Inspector,
Building Permits Coordinator, Zoning Inspector, Electrical Inspector,
Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II,
Chief Fire Marshal, Town Investigator, Senior Town Investigator, Ordinance
Enforcement Officer, Ordinance Inspector, Code Enforcement Officer
or Spanish-Speaking Code Enforcement Officer of the Town of Riverhead
and such person(s) successfully completed the training courses 9A16,
9B16, 9C16, 9D16, 9E16 and 9F16 with the New York State Department
of State, Division of Code Enforcement, and is currently certified
as a New York State Code Enforcement Official.
CONDEMN
To adjudge unfit for occupancy.
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.
IMMINENT DANGER
(1)
The Code Enforcement Official (CEO) or Building Safety Inspector
(BSI) is authorized to order and require the occupants to vacate premises
when there exists:
(a)
Imminent danger of failure or collapse of a building or structure
which endangers life;
(b)
A structure in which any part of the structure has fallen and
life is endangered by the occupation of the structure; or
(c)
An 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
(d)
Operation of defective or dangerous equipment.
(2)
The Code Enforcement Official (CEO) or Building Safety Inspector
(BSI) shall require the posting, at each entrance to such structure,
a notice reading as follows: "This Structure is Unsafe and its Occupancy
Has Been Prohibited by the Code Enforcement Official." It shall be
unlawful for any person to enter such structure except for the purpose
of securing the structure, making the required repairs, removing the
hazardous condition, or of demolishing the same.
OCCUPANCY
The purpose for which a building or portion thereof is utilized
or occupied.
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, operator, firm or corporation having 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.
PERSON
An individual, corporation, partnership or any other group
acting as a unit.
STRUCTURE
That which is built or constructed or a portion thereof.
STRUCTURE UNFIT FOR HUMAN OCCUPANCY
A structure is unfit for human occupancy whenever 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 the International Property Maintenance (IPMC) of New York
State, or because the location of the structure constitutes a hazard
to the occupants of the structure and/or to the public.
TENANT
A person, corporation, partnership or group whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
UNLAWFUL STRUCTURE
An unlawful structure is one found in whole or in part to
be occupied by more persons than permitted under the International
Property Maintenance (IPMC) of New York State, or was erected, altered
or occupied contrary to law.
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 that is in such disrepair or condition that such equipment
is a hazard to life, health, property or safety of the public and/or
occupants of the premises or structure.
UNSAFE STRUCTURE
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.
WORKMANLIKE
Executed in a skilled manner using proper materials; e.g.,
generally plumb, level, square, in line, undamaged and without marring
adjacent work.