Fall River, Mass., Code of Bylaws art iii d1 § 42-61

Definitions (Fall River Art. III Div. 1: Generally)

In Force
Verified 11/11/2026 · Next check 2/9/2027
Fall RiverHabitability & Repair

Operative Text

Fall River, Mass., Code of Bylaws art iii d1 § 42-61
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: AGENT, JANITOR AND SUPERINTENDENT Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are rented. BASEMENT A story whose floor may be partly below grade, but the ceiling of which is not less than 4 1/2 feet above the grade of the adjoining ground. CELLAR A portion of a building located partly or wholly underground, the ceiling of which is less than 4 1/2 feet above the grade of the adjoining ground. DWELLING Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided that temporary housing shall not be regarded as a dwelling. The term "dwelling" includes a dwelling unit and rooming unit and includes the whole or any part thereof, as well as the premises thereof. DWELLING UNIT 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. EXTERMINATION The control and elimination 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 approved by the Health Department. GARBAGE The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. HABITABLE ROOM 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, stairs, closets and storage spaces. HOT WATER Water at a temperature not less than 120° F. INFESTATION The presence, within or around a dwelling, of any insects, rodents or other pests. LODGING HOUSE Any structure or that part of any structure in which space is let by the owner or operator to five or more persons. A philanthropic institution similarly occupied shall also be classified as a lodging house. MULTIPLE DWELLING Any dwelling containing more than three dwelling units. OCCUPANT Any person, over one year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit. OCCUPIED Includes the words "designed, arranged or intended to be occupied." ORDINARY MINIMUM WINTER CONDITIONS The temperature 0° F. OWNER A person who, alone or jointly or severally with others, shall have: A. Legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or B. Charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, 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 article, and of any regulations adopted pursuant thereto, to the same extent as if he were the owner. PLUMBING All the following supplied facilities and equipment: gas pipes, gas-burning equipment, garbage disposal units, waste pipes, water pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower-baths, installed clothes washing machines, catchbasins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines. ROOMING UNIT Any room or group of rooms forming a single habitable unit or intended to be used for living and sleeping, but not for cooking or eating purposes. RUBBISH Combustible and noncombustible waste materials, except garbage. The term shall include 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, metals, mineral matter, glass, crockery, dust and other similar substances. SPACE HEATER A heating appliance located entirely above the floor for the direct heating of the space in and adjacent to that in which the device is located and without external heating pipes and ducts. SUPPLIED Paid for, furnished or provided by or under the control of the owner or operator. TEMPORARY HOUSING 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 for more than 30 consecutive days. TOILET FACILITIES A flush water closet with a seat and cover, and the room in which it is located. VENTILATION Air exchange shall be considered adequate when there is an air exchange of 20 cubic feet per person per minute. WINDOW AREA The area of the window space opening, measured between stops, with no wall or other light-obstructing structure within six feet of the exterior face of the window.
Source: Legislative text reproduced verbatim
Plain English

Fall River, Mass., Code of Bylaws ART. III D1 § 42-61 establishes the official definitions that govern how key terms are interpreted throughout the city's housing article. Words like 'dwelling,' 'owner,' 'occupant,' 'habitable room,' and 'extermination' carry specific legal meanings that apply whenever those terms appear in the article's requirements. These definitions set the shared vocabulary that determines who is covered by the rules, what spaces are regulated, and what standards apply.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 11, 2026

Plain English — not legal advice.

For Property Managers

Under Fall River, Mass., Code of Bylaws ART. III D1 § 42-61, property owners and their agents—including janitors and superintendents who have charge, care, or control of a building—are treated as 'owners' for compliance purposes and are equally bound by the article's requirements. Compliant operators familiarize themselves with how terms like 'dwelling unit,' 'rooming unit,' 'supplied,' and 'multiple dwelling' are defined, since those definitions determine which obligations apply to a given property or space. Understanding, for example, that a 'basement' and a 'cellar' are distinguished by ceiling height relative to grade can affect whether a space may lawfully be used for habitation.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Fall River, Mass., Code of Bylaws ART. III D1 § 42-61 defines who counts as an 'occupant' and what constitutes a 'dwelling unit' or 'habitable room,' which directly shapes the protections tenants are entitled to under the rest of the article. Tenants who believe a space they occupy does not meet the article's standards—for instance, regarding ventilation, hot water temperature, or pest infestation—can reference these definitions to understand whether their living space falls within the article's coverage. Local tenant-rights organizations or the Fall River Health Department can be consulted to learn more about how these definitions apply to a particular type of housing situation.

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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Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information

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Fetched:Nov 11, 2026, 03:47 AM UTC