Phoenix — Ch. 22 Art. VI Property Maintenance § 22-338
Definitions
Operative Text
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Apartment means a dwelling unit having both bathroom and kitchen facilities. Appropriate authority means that person within the governmental structure of the corporate unit who is charged with the administration of the appropriate code. Approved means approved by the local or state authority having such administrative authority. Attic means any story situated wholly or partly within the roof, and so designed, arranged or built as to be used for business, storage, or habitation. Basement means a portion of a building located partly or wholly above grade and having half or more than half of its clear floor-to-ceiling height above the average grade of the adjoining ground. Building means a fixed structure with walls, foundation and roof, such as a house, factory, garage, etc. Cellar means a portion of a building located partly or wholly below grade and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground. Certificate of compliance means a document issued by the village after inspections performed either pursuant to this division or other provisions of the ordinances of the village showing that the premises conform to the ordinances of the village. Chief building inspector or his designee means the person who is acting as an inspector for the enforcement of this division, or a fire department employee assigned as a fire inspector by the fire chief, and any other persons assigned code enforcement inspection duties by their supervisors. The chief building inspector or his designee shall be certified by the International Code Council (ICC). Commercial building means any building or premises used to conduct a business or to manufacture or store goods or merchandise. Dilapidated means no longer adequate for the purpose or use for which it was originally intended. Dwelling means any enclosed space wholly or partly used or intended to be used for living, sleeping, cooking and eating; provided temporary housing shall not be classified as a dwelling. Dwelling unit means a room or group of rooms located within a dwelling forming a single habitable unit with facilities used or intended to be used by a single family for living, sleeping, cooking and eating purposes, including one- and two-family rental units and multiple-family dwelling units. Enforcement authority means that person or persons assigned to administer enforcement of this division or the referenced codes by the mayor of the village. Family means one or more individuals occupying a single dwelling unit; provided that unless all members are related by blood, marriage, legal adoption or are foster children, no such family shall contain over three persons; and not more than two guests or roomers, whether gratuitous or nongratuitous, may be housed. The term "family," as regards the number of persons residing within a dwelling unit, shall be further regulated by the necessary minimum requirement of the zoning ordinance of the village, and the adopted codes herein referenced. Grade means the finished ground level adjacent to a required window. 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, furnace rooms, pantries, kitchenettes and utility rooms with less than 50 square feet of floor space, foyers or communicating corridors, stairways, closets, storage spaces and workshops, hobby and recreation areas or other areas that clearly cannot be used or intended to be used for living, sleeping, cooking, or eating purposes. Household means one or more individuals living together in a single dwelling unit and sharing common living, sleeping, cooking and eating facilities. See Family. Multiple-family dwelling means any dwelling containing more than two dwelling units, including lodginghouses. Occupant means any individual, over one year of age, living, sleeping, cooking, or eating in, or having possession of, a dwelling unit or a rooming unit; except that in dwelling units, a guest shall not be considered an occupant. Operator means any person who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let or offered for rent or other consideration. Owner means any person who, alone or jointly or severally with others: (1) Has legal title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; and (2) Has charge, care, or control of any premises, dwelling or dwelling unit, as owner or agent of the owner, or an executor, administrator, manager, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be found to comply with the provisions of this division and of the rules and regulations adopted pursuant thereto, to the same extent as if he was the owner. Permissible occupancy means the maximum number of individuals permitted to reside in a dwelling unit, rooming unit or dormitory. Premises means 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. Rental means any structure owned by another and occupied or used for a fee or without a fee by any person unrelated to the owner by blood, marriage or legal adoption, or any other entity.
Phoenix City Code Chapter 22, Article VI, § 22-338 establishes a shared vocabulary for the property maintenance rules that follow in this division. Terms like "dwelling unit," "operator," "owner," and "habitable room" are given precise meanings here so that the same words carry consistent legal weight throughout the code. For example, a "basement" and a "cellar" are distinguished by how much of their height sits above or below grade, and an "apartment" specifically requires both bathroom and kitchen facilities. These definitions shape how every other requirement in the division is interpreted and applied.
Plain English — not legal advice.
Property owners and managers operating rental housing in Phoenix should treat § 22-338 as the interpretive foundation for all obligations that appear later in Chapter 22, Article VI. The definition of "owner" is notably broad — it covers not just titleholders but also agents, managers, trustees, and executors, all of whom are held to the same compliance standard as the actual owner. Operators who understand how terms like "dwelling unit," "habitable room," and "permissible occupancy" are defined here will be better positioned to apply the substantive maintenance requirements that follow in the division correctly.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants in Phoenix, § 22-338 provides the definitional groundwork that determines whether a space qualifies as a "dwelling unit," whether a room counts as "habitable," and who legally qualifies as an "owner" or "operator" responsible for maintenance obligations. Understanding that an "operator" includes anyone with charge, care, or control of a rental building — not just the titleholder — can be relevant when identifying the right party to hold accountable under the division. Tenants who believe a space does not meet the code's definitions, or that occupancy limits are being misapplied, may wish to consult a tenant-rights organization or contact the appropriate Phoenix enforcement authority for guidance.
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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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