The
following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Apartment.
A room or a suite of rooms occupied, or which is intended
or designed to be occupied, as a home or residence of one (1) individual,
family or household for housekeeping purposes.
Apartment house.
A building or portion thereof which is designed, built, rented,
leased, let or hired out to be occupied, or which is occupied, as
a home or residence of more than two (2) families living independently
of each other and doing their own cooking in such building, and shall
include flats and apartments.
Applicable governing body.
A city, county, state, state agency or other political government,
subdivision, or entity authorized to administer and enforce the provisions
of this article, as adopted or amended.
Approved.
Approved by the building inspector.
Area.
As applied to the dimensions of the building, means the maximum
horizontal projected area of the building at grade. (See “Floor
area.”)
Attic story.
Any story situated as wholly or partly in the roof, so designated,
arranged or built as to be used for business, storage, or habitation.
Basement.
That portion of the building between floor and ceiling which
is partly below and partly above grade, but so located that the vertical
distance from grade to the floor below is less than the vertical distance
from the ceiling; providing, however, that the distance from grade
to ceiling shall be at least four (4) feet, six (6) inches. (See “Story.”)
Building.
Any structure built for the support, shelter, or enclosure
of persons, animals, chattels, or property of any kind. The term “building”
shall be construed as if followed by the words “or part thereof.”
Building inspector.
The officer or person charged with the administration and
enforcement of this article, or his or her duly authorized representative.
Cellar.
That portion of a building, the ceiling of which is entirely
below grade or less than four (4) feet, six (6) inches above grade.
(See “Story.”)
Dilapidated dwellings or structures.
A dwelling, dwelling unit, multiple dwelling, apartment,
or apartment house, including among others garages, sheds and similar
accessory structures, and all other buildings, which by reason of
inadequate maintenance, dilapidation, obsolescence, are abandoned,
or unsafe, unsanitary, or which constitute a fire hazard or are otherwise
dangerous to human life and are no longer adequate for the purpose
or use for which they were originally intended. It is the intent of
this definition to include any and all structures as may legally come
within the scope of the definition of structure.
Dwelling.
When used without other qualification, means a structure
occupied exclusively for residential purposes by not more than two
(2) families.
Evaluation or value.
As applied to a building, means the estimated cost to replace
the building in kind.
Dwelling unit.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
are intended to be used for living, sleeping, cooking, and eating.
Exit corridor.
Any corridor or passageway used as an integral part of the
system. That portion of a corridor or a passageway which exceeds the
allowable distance traveled to any exit becomes an exit corridor or
passageway.
Exit passageway.
An enclosed hallway or corridor connecting a required exit
to a street.
Extermination.
The control and elimination of insects, rodents, or other
pests by eliminating harborage places; by removing or making inaccessible
materials that may serve as their food; by poisoning, spraying, fumigating,
or trapping; or by any other recognized or legalized pest elimination
approved by the building inspector.
Family.
One (1) or more persons living together, whether related
by birth or not, and having common housekeeping facilities.
Floor area.
The area included within surrounding walls of a building
exclusive of vents, shafts, and courts.
Garbage.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
Grade.
With reference to a building, when the curb level has been
established, the average elevation of the curb level opposite those
walls that are located on or parallel with and within fifteen (15)
feet of street lines; or, when the curb level has not been established,
or all the walls of the building are more than fifteen (15) feet from
the street line, “grade” means the average of the finished
ground level at the center of all walls of the building.
Habitable room.
A room occupied by one (1) or more persons for living, eating
or sleeping purposes. It does not include toilets, laundries, serving
and storage pantries, corridors, cellars, and spaces that are not
used frequently or during extended periods.
Heating.
The following definitions shall apply to heating installations:
(1)
Central heating boilers and furnaces and boilers.
Shall include warm air furnaces, floor-mounted direct-fire
unit heaters, hot water boilers, and steam boilers operating not in
excess of fifteen (15) pounds of gage pressure used for heating of
buildings or structures.
(2)
Chimney.
A vertical shaft of masonry, reinforced concrete, or other
approved noncombustible, heat resisting material enclosing one (1)
or more flues, for the purpose of removing products of combustion
from solid, liquid, or gas fuel.
(3)
Flue.
A vertical passageway for products of combustion.
(4)
Vent pipe.
As applied to heating, means a pipe for removing products
of combustion from gas appliances.
(5)
Water heater.
A device for the heating and storage of water to be used
for other than heating or industrial purposes.
Infestation.
The presence, within or around a dwelling, of any insects,
rodents, or other pests.
Inner court.
An open unoccupied space, bounded by the walls of the building,
but located within the exterior walls of the building.
Occupant.
Any person, over one (1) 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 building,
or part thereof, in which dwelling units or rooming units or any other
building or portion of a building are let, rented or used.
Owner.
Includes his or her duly authorized agent or attorney. A
purchaser, devisee, fiduciary, and a person having a vested or continued
interest in the property in question.
Physical value.
The actual cost of replacement of a building or structure
with similar materials erected in a like manner to the original construction.
Physical value could also mean the fair market value of a building
or structure exclusive of land value, as may appear in the tax record
of the city council.
Plumbing.
The practice, materials, and fixtures used in the installation,
maintenance, extension, and alteration of all piping, fixtures, appliances,
and appurtenances in connection with any of the following: sanitary
drainage or storm drainage facilities, or the venting system of public
or private water supply systems within or adjacent to a building,
structure, or conveyance; also, the practice and materials used in
the installation, maintenance, extension, or alteration of stormwater,
liquid waste or sewage, and water supply systems of any premises to
their connection with any point of public disposal or other acceptable
terminal.
Public area.
An unoccupied open space adjoining a building and on the
same property that is permanently maintained accessible to the fire
department and free of all encumbrances that might interfere with
its use by the fire department.
Repair.
The replacement of existing work with the same kind of material
used in the existing work, not including additional work that would
change the structural safety of the building or that would affect
or change required exit facilities, or a vital element of an elevator,
plumbing, gas pipe, wiring, or heating installation, or that would
be in violation of the provision of law or ordinance. The term “repair”
or “repairs” shall not apply to any change of construction.
Required.
Required by some provision of this article.
Residential occupancy.
Buildings in which families or households live or in which
sleeping accommodations are provided, and all dormitories. Such buildings
include, among other things, the following: dwellings, multiple dwellings,
and lodging houses.
Rooming unit.
Any dwelling or that part of any dwelling containing one
(1) or more rooming units, in which space is let by the owner or operator
to three (3) 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.
Combustible and noncombustible waste material, except garbage,
and 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.
Stairway.
One (1) or more flights of stairs and the necessary landings
and platforms connecting them to form a continuous and uninterrupted
passage from one (1) story to another in a building or structure.
Story.
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above.
Structure.
That which is built or constructed, an edifice or a building
of any kind, or any piece of work artificially built up or composed
of parts joined together in some definite manner. The term “structure”
shall be construed as if followed by the words “or part thereof.”
Substandard building, dwelling or structure.
A building, dwelling, dwelling unit, multiple dwelling, apartment,
apartment house, or any other space used for any purpose or intended
to be used as a habitable living space in any building or structure
which does not meet basic minimum requirements of this article for
the use that it was originally intended.
Supplied.
Paid for, furnished, or provided by or under the control
of the owner or operator.
Walls.
(1)
Bearing wall.
A wall which supports any vertical load in addition to its
own weight.
(2)
Exterior wall.
A wall, bearing or nonbearing, which is used as an enclosing
wall for a building, but which is not necessarily suitable for use
as a party wall or firewall.
(3)
Foundation wall.
A wall below the first floor extending below the adjacent
ground level and serving as support for a wall, pier, column or other
structural part of a building.
Writing.
Includes printing and typewriting.
Written notice.
Shall be considered to have been served if delivered at or
sent by registered mail to the last home or business address known
to the party receiving the notice.