Heads up: There are no amended sections in this chapter.
Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter.
Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
Where terms are not defined in this code and are defined in the Building Code of New York State, Existing Building Code of New York State, Fire Code of New York State, Fuel Gas Code of New York State, Mechanical Code of New York State, Plumbing Code of New York State, Residential Code of New York State or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes.
Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit," "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof."

ANCHORED. Secured in a manner that provides positive connection.

[A] APPROVED. Acceptable to the building official.

[NY] AUTHORITY HAVING JURISDICTION. The governmental unit or agency responsible for administration and enforcement of this code.

BASEMENT. That portion of a building that is partly or completely below grade.

BATHROOM. A room containing plumbing fixtures including a bathtub or shower.

BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.

[NY] BUILDING CODE OF NEW YORK STATE. The 2020 edition of the publication entitled "Building Code of New York State," published by the International Code Council, Inc. (publication date November 2019).

[NY] BUILDING OFFICIAL. The officer who is charged with the administration and enforcement of this code, or any duly authorized representative.

[NY] CHILDREN'S OVERNIGHT CAMP. A property consisting of a tract of land and any tents, vehicles, buildings or other structures that may be pertinent to its use, any part of which may be occupied by persons under 18 years of age under general supervision for the purpose of outdoor or indoor organized activities and on which provisions are made for overnight occupancy of children. However, the term "children's overnight camp" shall not include any place or facility which has been excepted from the State Sanitary Code by the Commissioner of the New York State Department of Health pursuant to Section 1392(1) of the Public Health Law.

[NY] CODE ENFORCEMENT PROGRAM. The program under which an authority having jurisdiction administers and enforces this code, as such program is currently in effect and as such program may hereafter be amended from time to time.

CONDEMN. To adjudge unfit for occupancy.

COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a building official, the governing body or board of appeals.

DETACHED. When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection.

DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness.

[A] 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.

[Z] EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lot or lots.

[NY] ENERGY CODE. The New York State Energy Conservation Construction Code, adopted pursuant to Article 11 of the New York State Energy Law.

EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure.

EXISTING BUILDING. A building or structure that is legally occupied and/or for which a certificate of occupancy authorizing its use(s) has been issued, without regard to the date on which such legal occupancy began or the date on which such certificate of occupancy was issued.

[NY] EXISTING BUILDING CODE OF NEW YORK STATE. The 2020 edition of the publication entitled "Existing Building Code of New York State," published by the International Code Council, Inc. (publication date November 2019).

EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises.

[NY] FIRE CODE OF NEW YORK STATE. The 2020 edition of the publication entitled "Fire Code of New York State," published by the International Code Council, Inc. (publication date November 2019).

[NY] FUEL GAS CODE OF NEW YORK STATE. The 2020 edition of the publication entitled "Fuel Gas Code of New York State," published by the International Code Council, Inc. (publication date November 2019).

GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

[BE] GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.

[BG] HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

[A] HISTORIC BUILDING. Any building or structure that is one or more of the following:

  1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places.
  2. Designated as historic under an applicable state or local law.
  3. Certified as a contributing resource within a National Register or state or locally designated historic district.

HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating that does not contain, within such a unit, a toilet, lavatory and bathtub or shower.

IMMINENT DANGER. A condition that could cause serious or life-threatening injury or death at any time.

INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rodents, vermin or other pests.

INOPERABLE MOTOR VEHICLE. A vehicle that cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

[A] LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, approved agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose.

LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

[NY] LIVE FIRE TRAINING FACILITIES. As defined by NFPA 1402, fire service training centers, fire training structures and props, gas-fueled and flammable liquid-fueled live fire training systems, mobile fire training props, and associated training props.

[NY] MECHANICAL CODE OF NEW YORK STATE. The 2020 edition of the publication entitled "Mechanical Code of New York State," published by the International Code Council, Inc. (publication date November 2019).

NEGLECT. The lack of proper maintenance for a building or structure.

[A] OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.

OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building.

OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.

OPERATOR. Any person who has charge, care or control of a structure or premises that is let or offered for occupancy.

[A] 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.

[NY] PART 1202. The regulations set forth in 19 NYCRR Part 1202 ("Uniform Code: Administration and Enforcement in Certain Local Governments"), as currently in effect and as hereafter amended from time to time.

[NY] PART 1203. The regulations set forth in 19 NYCRR Part 1203 ("Uniform Code: Minimum Standards for Administration and Enforcement"), as currently in effect and as hereafter amended from time to time.

[NY] PART 1203—COMPLIANT CODE ENFORCEMENT PROGRAM. A code enforcement program that includes the features required by Part 1203 and satisfies the requirements of Part 1203.

[NY] PART 1204. The regulations set forth in 19 NYCRR Part 1204 ("Uniform Code: Administration and Enforcement by State Agencies"), as currently in effect and as hereafter amended from time to time.

[NY] PART 1205. The regulations set forth in 19 NYCRR Part 1205 ("Uniform Code: Variance Procedures"), as currently in effect and as hereafter amended from time to time.

[A] PERSON. An individual, corporation, partnership or any other group acting as a unit.

PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods.

[NY] PLUMBING CODE OF NEW YORK STATE. The 2020 edition of the publication entitled "Plumbing Code of New York State," published by the International Code Council, Inc. (publication date November 2019).

[A] PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon.

[A] PUBLIC WAY. Any street, alley or other parcel of land that: is open to the outside air; leads to a street; has been deeded, dedicated or otherwise permanently appropriated to the public for public use; and has a clear width and height of not less than 10 feet (3048 mm).

[NY] RESIDENTIAL CODE OF NEW YORK STATE. The 2020 edition of the publication entitled "Residential Code of New York State," published by the International Code Council, Inc. (publication date November 2019).

ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.

ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.

RUBBISH. Combustible and noncombustible waste materials, except garbage; the term 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 and other similar materials.

[A] SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.

[A] STRUCTURE. That which is built or constructed.

[NY] SUMMER CAMP CABIN. A sleeping quarter which:

  1. Is located in a children's overnight camp.
  2. Has a sleeping capacity of fewer than 25 occupants, with a total combined sleeping room floor area of 1,200 square feet (1115 m2) or less for all sleeping rooms.
  3. Is one story.
  4. Is used and occupied only between June 1 and September 14.
  5. Has no cooking facilities, no heating systems, and no solid fuel heating or burning systems.
  6. Has only sleeping rooms (including the necessary area for storing occupant belongings) and bathrooms.
  7. Has no interior corridors or separate common area rooms.
  8. Has at least two exits per sleeping room which are remote from each other and which discharge directly to the building's exterior.
  9. Has exit doors that open in the direction of, and are nonlocking against, egress.
  10. Has smoke alarms in each sleeping room that are interconnected such that the activation of one alarm will activate all of the alarms in the cabin.

TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.

[NY] TOWNHOUSE. A single-family dwelling unit constructed in a group of three or more attached units in which each unit (1) extends from the foundation to roof, (2) has open space on at least two sides, and (3) has a separate means of egress.

ULTIMATE DEFORMATION. The deformation at which failure occurs and that shall be deemed to occur if the sustainable load reduces to 80 percent or less of the maximum strength.

[NY] UNIFORM CODE. The New York State Uniform Fire Prevention and Building Code, adopted pursuant to Article 18 of the New York State Executive Law, as currently in effect and as hereafter amended from time to time.

[M] VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

[NY] WEEDS. Uncultivated vegetation such as grasses, brush, briars, and annual plants, excluding trees and cultivated vegetation, such as shrubs, flowers, gardens, and vegetation used for agricultural purposes.

WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.

[Z] YARD. An open space on the same lot with a structure.

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