The
following definitions shall apply in the interpretation and enforcement
of this article:
Applicable governing body
means the city council, to administer and enforce the provisions
of this code, as adopted or amended.
Approved
means approved by the building official.
Basement
means a portion of a building located partly underground
but having less than one-half (1/2) or more of its clear floor-to-ceiling
height below the average grade of the adjoining ground.
Building
means 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 official
means the officer or other person charged with the administration
and enforcement of this article, or his duly authorized representative.
Cellar
means a portion of a building located partly or wholly underground,
having one-half (1/2) or more of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
Dwelling
means any building which is wholly or partly used or intended
to be used for living or sleeping by human occupants whether or not
such building is occupied or vacant; provided that temporary housing
as herein defined shall not be regarded as a dwelling, nor shall trailers
be included as a dwelling.
Dwelling unit
means any room or group of rooms located within a dwelling
and forming a single habitable unit with facilities which are used
or intended to be used for living, sleeping, cooking and eating, whether
or not such unit is occupied or vacant.
Extermination
means the control and extermination of insects, rodents,
or other pests by eliminating their 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
and legal pest elimination methods.
Family
means one or more persons living together, whether related
by blood, marriage, or adoption, and having common housekeeping facilities.
Floor area
means the total area of all habitable space in a building
or structure.
Garbage
means the animal and vegetable waste resulting from the handling,
preparation, cooking, and consumption of food.
Habitable room
means a room or enclosed floor space used or intended to
be used for living, sleeping, cooking, or eating purposes, excluding
bathrooms, water closet compartments, laundries, pantries, foyers,
or communicating corridors, closets and storage spaces.
Infestation
means the presence, within or around a dwelling, of any insects,
rodents or other pests.
Multiple dwelling
means any building, or portion thereof, which is designed,
built, rented, leased, let or hired out to be occupied, or which is
occupied, as the home or residence of more than two (2) families living
independently of each other and doing their own cooking in the said
building, and shall include flats and apartments.
Openable area
means that part of a window or door which is available for
unobstructed ventilation and which opens directly to the outdoors.
Operator
means any person who has charge, care or control of a building,
or part thereof, in which dwelling units or rooming units are let.
Owner
means the holder of the title in fee simple and any person,
groups of persons, company, association or corporation in whose name
tax bills on the property are submitted. It shall also mean any person
who, alone or jointly or severally with others:
(1)
Shall have legal title to any dwelling or dwelling unit, with
or without accompanying any actual possession thereof; or
(2)
Shall have charge, care or control of any dwelling or dwelling
unit, as owner, executor, executrix, administrator, trustee, or guardian
of the estate of the owner, mortgagee or vendee in possession, assignee
of rents, lessee, or other person, firm, or corporation in control
of a building, or their duly authorized agents. Any such person thus
representing the actual owner shall be bound to comply with the provisions
of this article, and of rules and regulations adopted pursuant thereto,
to the same extent as if these regulations were pertaining to the
actual property owner.
Person
means and includes any individual, firm, corporation or partnership.
Plumbing
means 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, the venting system and the
public or private water supply systems, within or adjacent to any
building, structure, or conveyance; also the practice and materials
used in the installation, maintenance, extension, or alteration of
stormwater, liquid waste, or sewerage and water supply systems of
any premises to their connection with any point of public disposal
or other acceptable terminal.
Premises
means a lot, plot or parcel of land including the buildings
or structures thereon. In the case of multi-dwelling units, each dwelling
unit as defined in this article shall be considered a separate premises.
Public area,
as used in this code, means 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
means 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, a vital element of an elevator,
plumbing, gas piping, wiring or heating installations, or that would
be in violation of a provision of law or ordinance. The term “repair”
or “repairs” shall not apply to any change of construction.
Required
means required by some provisions of this code.
Residential occupancy
means buildings in which families or households live or in
which sleeping accommodations are provided, and all dormitories shall
be classified as “residential occupancy.” Such buildings
include, among others, the following: dwellings, multiple dwellings,
and lodging houses.
Rooming house
means any dwelling or part of any dwelling containing one
or more rooming units, in which space is let by the owner or operator
to 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.
Rooming unit
means 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
means combustible and noncombustible waste materials, except
garbage, and the term shall include the residue from the burning of
wood, coal, coke, and other combustible material, paper, rags, cartons,
boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings,
tin cans, metal, mineral matter, glass, crockery and dust.
Stairway
means one or more flights of stairs and the necessary landings
and platforms connecting them to form a continuous and uninterrupted
passage from one story to another in a building or structure.
Story
means 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
means that which is built or constructed, an edifice or 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.”
Supplied
means paid for, furnished, or provided by, or under control
of, the owner or operator.
Temporary housing
means any tent, trailer, or other structure used for human
shelter which is designed to be transportable and which is not attached
to the ground, to another structure, or to any utilities system on
the same premises for more than thirty (30) consecutive days.
Ventilation
means the process of supplying and removing air by natural
or mechanical means to or from any space.
Yard
means 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.