The following terms, wherever used herein or referred to in this code, shall have the respective meanings assigned to them, unless a different meaning clearly appears from the context:
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the main building and which is attached thereto or located on the same premises.
ANSI
American National Standards Institute, Inc.
[Added 8-9-1984 by Ord. No. 795-84]
BASEMENT
The portion of the building that is partly underground which has more than 1/2 of its height, measured from clear floor to ceiling, above the average adjoining ground level. Where the natural contour of the ground level immediately adjacent to the building is interrupted by ditching, pits or trenching, then the average adjoining ground level shall be the nearest natural contour line parallel to the walls of the building without regard to the levels created by the ditching pits or trenching.
BATHROOM
Enclosed space containing one or more bathtubs or showers, or both, and which shall also include toilets, lavatories or fixtures serving similar purposes.
BUILDING
A combination of materials to form a structure adapted to permanent or continuous occupancy or use for public, institutional, residence, business, industrial or storage purposes.
BUILDING CODE
The adopted Building Code of the City of Passaic.[1]
BUILDING OFFICIAL
The officer or other designated authority charged with the administration and enforcement of the BOCA Basic Building Code or the Uniform Construction Code; the Construction Official; or a duly authorized representative.
[Added 8-9-1984 by Ord. No. 795-84]
CARBON MONIXIDE DETECTOR
Any device designed to detect and alert the presence of abnormal carbon monoxide levels within a building, dwelling or structure.
[Added 6-9-2004 by Ord. No. 1620-04]
CELLAR
The lowermost portion of the building partly or totally underground, having 1/2 or more of its height measured from clear floor to ceiling below the average adjoining ground level. Where the natural contour of the ground level immediately adjacent to the building is interrupted by ditching, pits or trenching, then the average adjoining ground level shall be the nearest natural contour line parallel to the walls of the building without regard to the levels created by the ditching, pits or trenching.
CENTRAL HEATING SYSTEM
A heating system in a fire-resistant enclosed space or spaces, separate and apart from the area to be heated, which system is permanently affixed on a fireproof base and connected by breaching to a stack in accordance with Article 10 of the Building Code. Direct electric and/or gas heating systems without the use of a boiler, serving all dwelling units in a structure, are exempt from the above requirements.
CERTIFICATE OF OCCUPANCY
[Added 8-9-1984 by Ord. No. 795-84; repealed 10-7-1993 by Ord. No. 1252-93]
CHANGE OF USE
An alteration by change of use in a building heretofore existing, such as from a one-family to a two-family dwelling or from a commercial use to a residential use or any other change, whether from less intensive to more intensive or from more intensive to less intensive.
[Added 8-9-1984 by Ord. No. 795-84]
COMMUNITY KITCHEN
A kitchen facility shared by occupants of one or more rooming units or dwelling units.
COOKING FACILITY
A device or combination of devices which provides no fewer than four burners and an oven, which may be a convection- or microwave-type. For the purposes of this chapter, a hot plate or similar device does not fulfill the requirement of a "cooking facility" or any part thereof.
[Added 3-20-1986 by Ord. No. 924-86]
DETERIORATION
The condition or appearance of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay/neglect, lack of maintenance or excessive use.
DWELLING
Any structure designed for use by human occupants for sleeping and living purposes, whether occupied or vacant, except that the foregoing shall not apply to hotels.
DWELLING UNIT
Any room or group of rooms located within a dwelling forming a single habitable unit, which includes facilities for living, sleeping, cooking, eating, bathing and toilet purposes.
ESTABLISHMENT SUBJECT TO LICENSING
Any rooming house or nursing home which is required to be licensed pursuant to this code.
EXPOSED TO PUBLIC VIEW
Any premises or any part thereof or any building or any part thereof which may be lawfully viewed by the public or any member thereof from a sidewalk, street, alleyway, licensed open-air parking lot or from any adjoining or neighboring premises.
EXTERIOR OF THE PREMISES
Those portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.
EXTERMINATION
The control and elimination of insects, rodents and vermin by exterminating their harborage places; by removing or making inaccessible material that may serve as their food; by poisoning, spraying, fumigating, trapping or by other approved means of pest elimination.
FAMILY
See "immediate family."
FIRE CHIEF
The Fire Chief of the City of Passaic.
FIRE HAZARD (also see "nuisance")
Anything or any act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fire; or which may obstruct, delay or hinder or may become the cause of an obstruction, a delay, a hazard or a hindrance to the prevention, suppression or extinguishment of fire.
FLOOR AREA, SUPERFICIAL
The net floor area within the enclosing walls of the room, excluding built-in equipment, such as wardrobes, cabinets, closets, kitchen units or fixtures which are not readily removable and excluding the floor area where the floor to ceiling height is less than seven feet.
GARBAGE
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. (See also "refuse" and "rubbish.")
HABITABLE ROOMS
Rooms used or designed for use by one or more persons for living or sleeping or cooking and eating, but not including bathrooms, water closet compartments, laundries, serving and storage pantries, corridors, foyers, vestibules, cellars, heater rooms, boiler rooms, utility rooms and other rooms or spaces that are not used frequently or for an extended period of time or that have less than 50 square feet of superficial floor area shall not be considered as "habitable rooms."
HOTEL
Any building kept, used, maintained, advertised as or held out to be a place where sleeping accommodations are supplied for pay to transient or permanent guests, in which 10 or more rooms are rented, furnished or unfurnished, including any room found to be arranged for or used for sleeping purposes, with or without meals, for the accommodation of such guests, or every building or part thereof which is rented for hire to 25 or more persons for sleeping accommodations. There shall not be included rooms which are physically a part of a self-contained and enclosed dwelling unit.
HOUSING INSPECTORS
All officials, officers or employees of the City of Passaic entrusted with the enforcement of this code.
HOUSING OFFICER
The Director of Housing Inspections of the City of Passaic.
[Amended 1-5-1984 by Ord. No. 768-83; 8-9-1984 by Ord. No. 795-84; 6-9-2004 by Ord. No. 1620-04]
IMMEDIATE FAMILY
The head of the family, spouse, the parents and children (including adopted children) of either the head of the family or spouse. There shall be a rebuttable presumption that three or more persons occupying any dwelling unit or rooming unit are not related to one another so that any two or more shall be members of an immediate family, and the burden on proving such relationship shall be on the person or persons asserting it.
INDEPENDENT ROOMING UNIT
A rooming unit in other than a single-family dwelling which opens directly to the exterior of the premises by way of a common hallway, common areaway or common stairway or door to the exterior of the premises without passing through any other rooming unit or dwelling unit.
INFESTATION
The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.
KITCHEN
Any room or part of a room used for cooking or the preparation of food.
MIXED OCCUPANCY
Any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to nondwelling uses or as a hotel.
MULTIPLE DWELLING
Any building or structure of one or more stories and any land appurtenant thereto, and any portion thereof, in which three or more units of dwelling space are occupied or intended to be occupied by three or more persons who live independently of each other or in which two units of dwelling space are occupied by two or more persons who live independently of each other in cases where none of said persons is the owner of the premises.
[Added 8-9-1984 by Ord. No. 795-84]
NUISANCE
A. 
Any public nuisance known at common law or in eq-uity jurisprudence, or as provided by the statutes of the State of New Jersey or the ordinances of the City of Passaic or any other local or state code.
B. 
Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes, but is not limited to abandoned wells, shafts, basements, excavations, abandoned ice-boxes, refrigerators, motor vehicles, any structurally unsound fences or structures, lumber, trash, fences, debris, or vegetation such as poison ivy, oak or sumac, which may prove a hazard for inquisitive minors.
C. 
Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.
D. 
Overcrowding of a room with occupants in violation of this code or any other local or state code.
E. 
Insufficient ventilation or illumination in violation of this code or any other local or state code.
F. 
Inadequate or insanitary sewage or plumbing facilities in violation of this code or any other local or state code.
G. 
Insanitary conditions or anything offensive to the senses or dangerous to health, in violation of this code or any other local or state code.
H. 
Fire hazards.
NURSING HOME
Any building in which two or more disabled persons are housed for purposes of care, special attention, treatment and or supervision and are housed for such purposes overnight or longer, but dwellings where not more than two disabled persons live with members of their families to whom they are related by blood or marriage shall be excluded therefrom.
OCCUPANT
Any person living, sleeping, or having actual possession of a dwelling unit or rooming unit.
OPERATOR
Any person who has charge, care or control of a dwelling or premises, or part thereof, whether with or without the knowledge and consent of the owner.
OWNER
Any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof; or shall have charge, care or control of any building or parcel, as owner or agent of the owner, or as fiduciary, including but not limited to executor, executrix, administrator, administratrix, trustee, receiver, or guardian of the estate, or as a mortgagee in possession regardless of how much possession was obtained. Any person who is a lessee subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.
PERSON REQUIRING SPECIAL CARE
Any person who does not suffer from such physical or mental incapacity as to be classified as a disabled person but, by reason of physical or mental limitations or advanced years, does require a limited degree of care and attention to assure personal safety at all times.
PLUMBING
All of the following supplies, facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines, and water pipes and lines utilized in conjunction with air-conditioning equipment.
PREMISES
A lot, plot or parcel of land, including the buildings or structure thereon.
PROPERTY MAINTENANCE CODE - OCCUPANCY CERTIFICATE
The certificate issued by the Director of Housing Inspections which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of state law and this chapter for the use, occupancy and transfer of a building in its several parts, together with any special stipulations or conditions.
[Added 10-7-1993 by Ord. No. 1252-93; amended 6-9-2004 by Ord. No. 1620-04]
REFUSE
All putrescible and nonputrescible solid waste (except body wastes), including but not limited to: garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes. (See also "garbage" and "rubbish.")
REGISTERED MAIL
Registered mail or certified mail.
ROOM
Space in an enclosed building or space set apart by a partition or partitions and any space in a building used or intended to be used as a bedroom, dining room, living room, kitchen, sewing room, library, den, music room, dressing room, enclosed sleeping porch, sun room, party room, recreation room, breakfast room, study, storage room and similar uses.
ROOMING HOUSE
Any dwelling, whether furnished or unfurnished, in which there are one or more independent rooming units, where there are sleeping accommodations for occupancy or available for occupancy by three or more persons and where there is no agreement between the operator and any occupant for feeding, personal care or special supervision or attention, except "hotels" as defined herein.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit, other than a dwelling unit, which is rented or available for rent for sleeping purposes, with or without cooking facilities.
RUBBISH
Nonputrescible solid waste consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. (See also "garbage" and "refuse.")
SANITARY SEWER
Any sanitary sewer owned, operated and maintained by the City of Passaic and available for public use for the disposal of sewage.
SEWAGE
Waste from flush toilet, bathtub, sink, lavatory, dishwashing or laundry machine or the water-carried waste from any other fixture or equipment or machine.
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. If the finished ceiling level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a "story."
STRUCTURE
The combination of any materials, whether fixed or portable, forming a construction, including buildings.
USE
The specific purpose for which land or a building is designed, arranged, intended, occupied or maintained.
[Added 8-9-1984 by Ord. No. 795-84]
VENTILATION
Supply and removal of air to and from any space by natural or mechanical means.
VENTILATION, MECHANICAL
Ventilation by power-driven devices.
VENTILATION, NATURAL
Ventilation by openings to outer air through windows, skylights, doors, louvres or stacks, with or without wind-driven devices.
WASHROOMS
Enclosed space containing one or more bathtubs or showers, or both, and which shall also include toilets, lavatories or fixtures serving similar purposes.
WATER CLOSET COMPARTMENTS
Enclosed space containing one or more toilets which may also contain one or more lavatories, urinals and other plumbing fixtures.
WEATHERING
Deterioration, decay or damage caused by exposure to the elements.
[1]
Editor's Note: See Ch. 107, Construction Codes, Uniform.
A. 
Whenever the words "accessory structure," "boardinghouse," "building," "dwelling," "dwelling unit," "establishment subject to licensing," "habitable room," "independent rooming unit," "lodging house," "nursing home," "premises," "room," "rooming unit" or "structure" are used in this code, they shall be construed, unless expressly stated to the contrary, to include the plurals of these words and as if they were followed by the words "or any part thereof."
B. 
The word "shall" shall be applied retroactively as well as prospectively.