East Haven, Conn., Code of Ordinances app. A § II
Definitions
Operative Text
The following definitions shall apply in the interpretation and enforcement of this ordinance. 2.01 Accessory structure shall mean a detached structure which is not used or intended to be used for living or sleeping by human occupants and which is located on or partially on any premise. 2.02 Approved shall mean approved by the local or State authority having such administrative authority. 2.03 Ashes shall mean the residue from the burning of combustible materials. 2.04 Attic shall mean to be the space situated immediately below the roof rafters, either in whole or in part, so designed, arranged, or built as to be used for business, storage, or habitation. 2.05 Basement shall mean the portion of the building partly underground, but having less than half its clear height below the average grade of the adjoining ground. 2.06 Cellar shall mean the portion of the building partly underground, having half or more of its clear height below the average grade of the adjoining ground. 2.07 Central heating system shall mean a single system supplying heat to one or more dwelling unit(s) or rooming unit(s). 2.08 Chimney shall mean a vertical masonry shaft of reinforced concrete, or other approved noncombustible, heat resisting material enclosing one (1) or more flues, for the purpose of venting products of combustion of solid, liquid or gaseous fuel. 2.09 Dilapidated shall mean fallen into partial ruin or decay. 2.10 Dwelling shall mean any enclosed space which is wholly or partly used or intended to be used for living or sleeping by human occupants. 2.11 Dwelling unit shall mean 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. 2.12 Egress shall mean a place or means of existing. 2.13 Enforcement officer shall be interchangeable with "Housing Code Enforcement Officer" as defined below and with respect to this ordinance. 2.14 Extermination shall mean the control and elimination of insects, rodents, or other pests by eliminating their harborage places; be removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods approved by the local or state health authority. 2.15 Fair market value shall mean the price the property would bring in a competitive market under all conditions requisite to a fair sale, which would result from negotiations between a buyer and a seller, each acting prudently, with knowledge, and without undue stimulus. 2.16 Family shall mean a group of persons related by blood, marriage, or adoption within, and including, the degree of first cousins. 2.17 Flush water closet shall mean a toilet bowl flushed with water under pressure with a water sealed trap above the floor level, or a "below frost-level water-trap" if approved by the Building Official of the Town of East Haven. 2.18 Foundation shall mean the means by which a structure is supported. For the purposes of this code, "foundation" shall include those of poured concrete wall construction, block wall construction, piles, piers and slab foundations. 2.19 Garbage shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, serving, and non-consumption of food. 2.20 Guest shall mean any person who shares a dwelling unit in a non-permanent status for not more than 30 days. 2.21 Habitable room shall mean 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, furnace rooms, pantries, kitchenettes, and utility rooms of less than fifty (50) square feet of floor space, foyers, or communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in unheated or uninsulated parts of a structure below ground level or in attics. 2.22 Heated water shall mean water heated to a temperature of at least 120? at the outlet. 2.23 Household shall mean a family and/or one or more unrelated persons, including servants, who share the same dwelling and use some or all of its cooking and eating facilities. 2.24 Housing code enforcement officer shall mean the official designated herein or otherwise charged with the responsibilities of administering this code, or his authorized representative. 2.25 Infestation shall mean the presence within or around a dwelling or other structure of any insects, rodents or other pests. 2.26 Kitchen shall mean any room containing any or all of the following equipment, or any area of a room within three (3) feet of such equipment: sink or other device for dishwashing, stove or other device for cooking, refrigerator or other device for cool storage of food, cabinets and/or shelves for the storage of equipment and utensils and a counter or table for food preparation. 2.27 Kitchenette shall mean a small kitchen or an alcove containing cooking facilities as described in Section 2.26 above. 2.28 Lead-based paint shall mean any pigmented, liquid substance applied to surfaces by brush, roller or spraying which the total non-volatile ingredient contains more than six one-hundredths (6/100's) of one per centum (1%) of lead by weight, calculated as metallic lead. 2.29 Meaning of certain words. Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit," "premises," "structure" are used in this ordinance, they shall be construed as though they were followed by the words "or any part thereof." Words used in the singular include the plural, and the plural the singular, the masculine gender includes the feminine and the feminine the masculine. 2.30 Multiple dwelling shall mean any dwelling containing more than two (2) dwelling units. 2.31 Occupant shall mean any person, over 1 year of age, living, sleeping, cooking, or eating in, or actually having possession of, a dwelling unit or a rooming unit; except that in dwelling units a guest will not be considered an occupant. 2.32 Operator shall mean any person who has charge, care, control or management of a building, or part thereof, in which dwelling units or rooming units are let. 2.33 Ordinary summer conditions shall mean a temperature 10? below the highest recorded temperature in the locality for the prior ten (10) year period. 2.34 Ordinary winter conditions shall mean a temperature 15? above the lowest recorded temperature in the locality for the prior ten (10) year period. 2.35 Owner shall mean any person who, alone or jointly or severally with others: (a) shall have legal title to any premise, dwelling or dwelling unit, with or without accompanying actual possession thereof, or (b) shall have charge, care, or control of any premise, dwelling or dwelling unit as owner or agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this ordinance and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. 2.36 Permissible occupancy shall mean the maximum number of persons permitted as family or household to reside in a dwelling unit or rooming unit based on the square footage per person in habitable rooms. 2.37 Plumbing shall mean and include all of the following supplied 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, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer systems, septic tanks or gas lines. 2.38 Premises shall mean a platted lot or part thereof or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or nondwelling structure and includes any such building, accessory structure or other structure thereon. 2.39 Privacy shall mean the existence of conditions which will permit a person or persons to carry out an activity commenced without interruption or interference either by sight or sound, by unwanted persons. 2.40 Rat harborage shall mean any place where rats can live, nest or seek shelter. 2.41 Rat proofing shall mean a form of construction which will prevent the ingress or egress of rats to or from a given space of building or gaining access to food, water or harborage. It consists of the closing and keeping of every opening in foundations, basements, cellars, exterior and interior walls, ground or first floors, roofs, sidewalk openings, and other places that may be reached and entered by rats by climbing, burrowing or other methods, by the use of materials impervious to rat gnawing and other methods approved by a duly authorized representative of the local or state health authority and/or the Building Inspector of the Town of East Haven. 2.42 Refuse shall mean all putrescible and nonputrescible solids (except body wastes) including garbage, rubbish, ashes and dead animals. This term shall also include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, and other combustible waste material. 2.43 Refuse container shall mean a watertight container that is constructed of metal, or other durable material impervious to rodents, that is capable of being serviced without creating insanitary conditions, or such other containers approved by the Housing Code Enforcement Officer or his authorized representative. Opening into the container such as covers and doors shall be tight-fitting. 2.44 Rooming house shall mean any dwelling other than a hotel or motel or that part of any dwelling, containing one (1) or more rooming units in which persons either individually or as families are housed with or without meals being provided. 2.45 Rooming unit shall mean 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 purposes. 2.46 Rubbish shall mean nonputrescible solid wastes (excluding ashes) consisting of either: (a) combustible wastes such as paper, cardboard, plastic containers, yard clippings, or wood; or (b) noncombustible wastes such as tin cans, glass or crockery. 2.47 Septic tank See "Sewer System" below. 2.48 Sewer system shall mean cesspools, septic tanks, package treatment, plants and municipal sewers approved by the Sewer Administrator of the Town of East Haven and/or the local or state health authority. 2.49 Space heater shall mean a self-contained, heating appliance of either the circulating type or the radiating type and intended primarily to heat only one (1) room. 2.50 Stairway shall mean one (1) or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one floor to another. A flight of stairs, for the purposes of this ordinance, must have at least two (2) risers. 2.51 Summer dwellings shall mean any dwelling, dwelling unit, rooming house or rooming unit which does not have a completely enclosed foundation of either poured concrete wall, block wall, or slab construction; which does not have adequately insulated plumbing as determined by the Enforcement Officer; and/or which does not comply with the provisions of Sec. VI of this ordinance shall be designated by the Housing Code Enforcement Officer as a summer dwelling. 2.52 Supplied shall mean paid for, furnished, provided by, or under the control of the operator, or agent. 2.53 Ventilation shall mean the condition of supplying and removing air by natural or mechanical means to or from any space.
East Haven Code of Ordinances Appendix A, Section II establishes a standardized set of definitions that govern how terms are interpreted and applied throughout the town's housing ordinance. These definitions cover a wide range of concepts—from structural elements like basements, cellars, and foundations, to occupancy categories like dwelling units, rooming units, and households, to sanitation-related terms like garbage, refuse, and extermination. By fixing the meaning of these terms at the outset, Section II ensures that all parties, inspectors, and adjudicators are working from the same shared vocabulary when the ordinance is applied.
Plain English — not legal advice.
Property owners and operators subject to East Haven's housing ordinance should be familiar with the definitions set out in Appendix A, Section II, as these terms carry specific legal meanings that differ from everyday usage. For example, the distinction between a 'basement' and a 'cellar' (based on how much of the structure sits below grade) affects how spaces may be classified and used, and the definition of 'owner' in Section 2.35 extends compliance obligations to agents, executors, and trustees acting on an owner's behalf. Compliant operators generally ensure that their understanding of terms like 'habitable room,' 'occupant,' and 'supplied' aligns with the ordinance's definitions before making decisions about occupancy, maintenance, or services.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in East Haven dwellings benefit from the definitional framework established in Appendix A, Section II, because it sets the baseline for what qualifies as a dwelling unit, a habitable room, or adequate plumbing under the local housing code. Understanding how terms like 'occupant,' 'guest,' and 'permissible occupancy' are defined in Section 2.31 and 2.36 can be relevant when questions arise about who is recognized as a lawful resident or how many people may legally occupy a unit. Tenants who believe conditions in their home may not meet the standards implied by these definitions can reach out to the Housing Code Enforcement Officer referenced in Section 2.24, or consult a local tenant-rights organization for general guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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