Albany, N.Y., Code of Ordinances ch. 231 § 231-10

A. The following definitions shall be used in the interpretation and construction of this code. Words used in the present tense include the future; words used in the masculine gender include the feminine and neuter; the singular number shall include the plural, and the plural the singular; the word "shall" is mandatory and not optional; the words "dwelling," "dwelling unit" or "premises" include the words "or any part thereof." B. Words and terms used in this code shall have the following meanings: ACCESSORY STRUCTURE A structure, the use of which customarily is incidental to that of the residential building and which is located on the same premises. ACCESSORY USE A use, occupancy or tenancy customarily incidental to the principal use or occupancy of a residential building. Such accessory uses may include, among others, the following: offices for the building management; dining rooms, banquet rooms, public kitchens and ballrooms; recreation and play rooms; laundries for the use of tenants and occupants and in connection with the management and operation of a residential building maintenance and work shops; storage rooms for linen, bedding, furniture, supplies and tenants' equipment and effects; rooms or space for the incidental sale or display of merchandise to occupants and tenants, such as newspaper, candy and cigar stands; garages within a residential building or on the premises thereof used primarily for the storage of passenger-type motor vehicles. APPROVED Approved by the administrative officer under the regulations of this code or approved by an authority designated by law or this code. BASEMENT That space of a building that is partly below grade which has more than one-half (1/2) its height measured from floor to ceiling above the average established curb level or finished grade of the ground adjoining the building. BATHROOM Enclosed space containing one or more bathtubs or showers, or both, and which may also contain water closets, lavatories or fixtures serving similar purposes. See definition of "toilet room." BOARDINGHOUSE See definition of "rooming house." BUILDING Any structure having a roof supported by columns or walls, either wholly or partially enclosed within exterior walls or within exterior or party walls, intended to be used for the shelter or enclosure of persons, animals or property. CELLAR An enclosed space in a dwelling having more than one-half (1/2) of its height below the curb level. However, where a dwelling is set back from the curb level in such a manner that the enclosed space in the dwelling is above curb level but at least one-half (1/2) of its height is below the land immediately adjacent to the dwelling, such space shall be deemed a "cellar." A "cellar" shall not be counted as a story. CONVALESCENT HOME See definition of "nursing home." COURT Any portion of the interior of a lot or a building site which is wholly or partially surrounded by buildings, and which is not required as a front, side or rear yard. CURB LEVEL The level of the curb at the center of the front of the building, for the purpose of measuring the height of any portion of a building; except that where a building faces on more than one street, the "curb level" is the average of the levels of the curbs at the center of each front. Where no curb elevation has been established, the mean level of the land immediately adjacent to the dwelling shall be considered the "curb level," unless the Municipal Engineer shall establish such "curb level" or its equivalent. DORMITORY Any room occupied for sleeping purposes by five or more persons. A "cubicle" is a small, partially enclosed sleeping space within a dormitory, with or without a window. DWELLING Any building, house or structure or portion thereof, which is occupied as, in whole or part, or intended to be used as a home, residence, living or sleeping place of one or more human beings, either permanently or transiently. DWELLING, ONE-FAMILY A detached building which shall be intended or designed for, or occupied exclusively for residential purposes by, one family and containing not more than one dwelling unit. DWELLING, TWO-FAMILY A detached or semidetached building which shall be intended or designed for, or occupied exclusively for residential purposes by, two individual family or dwelling units entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar. A "two-family dwelling" includes a flat. DWELLING UNIT Any room or group of rooms within a dwelling which are used or intended to be used by one or more persons for living and sleeping with or without facilities for cooking and eating. EXIT A safe and unobstructed way of departure from the interior of a building or structure to the exterior at street or grade, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape. EXTERMINATION Control and elimination of insects, rodents and vermin by eliminating their harborage places; by removing or poisoning, spraying, fumigating, trapping; or by any other approved means of pest elimination. FAMILY A collective body of persons forming a household and for the purpose of this code may consist of a single person. FARM LABOR CAMP A property consisting of a tract of land and all tents, vehicles, buildings or other structures pertaining thereto, any part of which may be occupied by persons employed as laborers in farm activities who are provided with sleeping facilities, in whole or in part, by the owner, lessee or operator thereof, with or without stipulated agreements as to the duration of their stay, whether or not they are supplied with meals but who are supplied with such services or facilities as are necessary for their use of such property. FLOOR AREA The horizontal area of a building which is enclosed by the exterior walls of the structure. GARBAGE The animal, vegetable and mineral waste resulting from handling, preparation, cooking and consumption of food. GENERALLY ACCEPTED STANDARD A specification, code rule, guide or procedure in the field of construction or related thereto recognized and accepted as authoritative. Publications and standards issued by the following organizations shall be considered "generally accepted standards": ACI American Concrete Institute, 18263 West McNichols Road, Detroit 19, Michigan AFM Associated Factory Mutual Fire Insurance Companies, Factory Mutual Engineering Division, 1151 Boston-Providence Turnpike, Norwood, Massachusetts AGA American Gas Association Laboratories, 1032 East 62nd Street, Cleveland 3, Ohio AISC American Institute of Steel Construction, Inc., 101 Park Avenue, New York 17, New York AISI American Iron and Steel Institute, 350 Fifth Avenue, New York 1, New York API American Petroleum Institute, 50 West 50th Street, New York 20, New York ARA Agricultural Research Administration, United States Department of Agriculture ASA American Standards Association, Inc., 70 East 45th Street, New York 17, New York ASCE American Society of Civil Engineers, 29 West 39th Street, New York 18, New York ASHAE American Society of Heating and Air-Conditioning Engineers, 62 Worth Street, New York 13, New York ASME American Society of Mechanical Engineers, 29 West 39th Street, New York 18, New York ASTM American Society for Testing Materials, 1916 Race Street, Philadelphia 3, Pennsylvania AEC Atomic Energy Commission AWWA American Water Works Association, 521 Fifth Avenue, New York 17, New York AWS American Welding Society, 33 West 39th Street, New York 18, New York AWPA American Wood Preservers' Association, 111 West Washington Street, Chicago 2, Illinois Army-Air Forces Specifications, Commanding General, Air Material Command, Wright-Patterson Air Force Base, Dayton, Ohio CS Commercial Standards, United States Department of Commerce, Office of Technical Services DEPA Douglas Fir Plywood Association, Tacoma 2, Washington DH Department of Health, New York State, Albany 1, New York FCC Federal Communications Commission FPL Forest Products Laboratory, Forest Service, United States Department of Agriculture FS Federal Supply Service, Standards Division, General Services Administration H Handbooks, United States Department of Commerce, National Bureau of Standards HHFA Housing and Home Finance Agency IC Industrial Code Rules, New York State Department of Labor, Board of Standards and Appeals, 80 Centre Street, New York 13, New York, or Bureau of Printing, Room 912, State Office Building, Albany 1, New York ICC Interstate Commerce Commission Regulations, H. A. Campbell, 30 Vesey Street, New York 7, New York MIL Military Specifications, Commanding General, Air Materiel Command, Wright-Patterson Air Force Base, Dayton, Ohio NBBPVI National Board of Boiler and Pressure Vessel Inspectors, 145 North High Street, Columbus 15, Ohio NBFU The National Board of Fire Underwriters, 85 John Street, New York 38, New York NFPA National Fire Protection Association, 60 Batterymarch Street, Boston 10, Massachusetts NLMA National Lumber Manufacturers Association, 1319 Eighteenth Street, N. W., Washington 6, D.C. SJI Steel Joist Institute, 1346 Connecticut Avenue, N. W., Washington, D.C. SPR Simplified Practice Recommendations, United States Department of Commerce, Office of Technical Services ULI Underwriters' Laboratories, Inc., 207 East Ohio Street, Chicago 11, Illinois, or 161 Sixth Avenue, New York 13, New York GRADE, FINISHED Natural surface of the ground or surface of ground after completion of any change in contour, abutting building or premises. HABITABLE SPACE Space occupied by one or more persons for living, sleeping, eating or cooking. Kitchenettes shall not be deemed to be "habitable space." See definitions of "nonhabitable space," "public space" and "exit." HOTEL A dwelling in which there are 30 or more sleeping rooms in one building or structure occupied primarily by transients who are lodged with or without meals; and there are provided such services as are incidental to the use thereof as a temporary residence. INFESTATION The presence, within or contiguous to a dwelling, dwelling unit, rooming house, rooming unit, lodging house, lodging unit or premises, of wild rodents, insects, vermin or other pests. KITCHEN Space, 60 square feet or more in floor area, with a minimum width of five feet, used for cooking or preparation of food. KITCHENETTE Space, less than 60 feet in floor area, used for cooking or preparation of food. LODGING HOUSE A dwelling, other than a hotel, in which persons are housed in a dormitory or dormitories, whether or not the space for sleeping accommodations therein is divided into cubicles. LODGING UNIT A room or group of rooms forming a single habitable unit, used or intended to be used for lodging. MIXED OCCUPANCY Occupancy of a building in part for residential use, in part for some other use not accessory thereto. MOBILE HOME A movable living unit equipped with a chassis and provided with the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "trailer." MOBILE HOME COURT A parcel of land which has been planned and improved for the placement of two or more mobile homes. MOTELS, MOTOR COURTS and MOTOR HOTELS A series of attached or semi-attached dwellings where each unit has convenient access to parking space for the use of the unit's occupants. The units, with the exception of the manager's or caretaker's, are designed to provide sleeping accommodations for automobile transients or overnight guests. MULTIPLE DWELLING A dwelling which is either rented, leased, let or hired out to be occupied or is occupied as the temporary or permanent residence or home of three or more families living independently of each other, including but not limited to the following: a tenement, flat, house, maisonette apartment, apartment house, apartment hotel, tourist house, bachelor apartment, studio apartment, duplex apartment, kitchenette apartment, hotel, lodging house, rooming house, boardinghouse, boarding and nursery school, furnished room house, club, sorority house, fraternity house, college and school dormitory, convalescent, old age or nursing homes or residences. It shall also include a dwelling, two or more stories in height, and with five or more boarders, roomers or lodgers residing with any one family. See § 231-7 for certain multiple dwellings not within the scope of this code. MULTIPLE RESIDENCE See definition of "multiple dwelling." NONHABITABLE SPACE Space used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms, closets and other spaces for service and maintenance of the building and those spaces used for access and vertical travel between stories. See definitions of "habitable space," "public space" and "exit." NURSING HOME A home for the care of the sick or infirm for compensation, where three or more inmates thereof are or may be accommodated, including nursing homes, homes for the care of the sick, convalescent or infirm patients or inmates. OCCUPANT That person or persons occupying a dwelling unit. OPENING PROTECTIVE Assembly of materials and accessories, including frames and hardware, installed in a wall, partition, floor, ceiling or roof opening to prevent, resist or retard the passage of fire, flame, excessive heat or hot gases. (1) AUTOMATIC Constructed and arranged to operate other than manually, if open, it will close when subjected to a predetermined temperature or rate of temperature rise. (2) SELF-CLOSING Arranged and equipped with devices which will ensure closing after having been opened. OPERATOR That person or persons charged and authorized by the owner for specific responsibilities involving the care, maintenance and operation of one or more dwelling units. OWNER That person or persons in whom is vested ownership, dominion or title of property. PLUMBING SYSTEM The plumbing system of building includes water supply distribution pipes; the fixtures and fixture traps; the soil, waste and vent pipes; the house drain and house sewer; the stormwater drainage, with their devices, appurtenances and connections all within or adjacent to the building. POTABLE WATER Water which is approved for drinking, culinary and domestic purposes. PREMISES A lot, plot or parcel of land, including the building or structure thereon. PRIVY Any place for the voiding of excreta that is not connected by plumbing to an approved sewage disposal system. PUBLIC SPACE Space within a residential building for public use, such as lobbies, lounges, reception, ball, meeting, lecture and recreation rooms, banquet and dining rooms and their kitchens and swimming pools. ROOMING HOUSE A multiple dwelling in which there are fewer than 30 sleeping rooms occupied primarily by transients who are lodged with or without meals and in which there are provided such services as are incidental to its use as a temporary residence. Also, a dwelling two or more stories in height, occupied by one or two families and with five or more transient boarders, roomers or lodgers residing with any one family. Where "rooming house" is used in this code it shall mean boardinghouse, furnished room house or tourist house. ROOMING UNIT Any room or group of rooms forming a single habitable unit used or intended to be used for living or sleeping but not designed for cooking or eating purposes. RUBBISH All combustible and noncombustible waste, except garbage. SEWAGE Liquid waste containing animal or vegetable matter in suspension or solution and which may include industrial wastes and liquids containing chemicals. STORY A space between the level of one finished floor and the level of the next higher finished floor or, if the top story, the space between the level of the highest finished floor and the top of the highest roof beams or, if the first story, the space between the level of the finished floor and the finished ceiling immediately above. For the purpose of measuring height by stories of dwellings erected on or after July 1, 1952, one additional story shall be added for each 12 feet or fraction thereof that the first story exceeds 15 feet in height and for each 12 feet or fraction thereof that any story above the first story exceeds 12 feet in height. STRUCTURE An assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings. TENANT That person or persons who is given possession of real estate for a fixed period or at will. TOILET ROOM Enclosed space containing one or more water closets and one or more lavatories, which may also contain urinals and other plumbing fixtures. See definition of "bathroom." TRAILER A movable living unit equipped with a chassis but lacking any of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. VENTILATION Supply and removal of air to and from a space by natural or mechanical means. VENTILATION, MECHANICAL Ventilation by power-driven devices, other than wind-driven. VENTILATION, NATURAL Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks with or without wind-driven devices. WINDOW DIMENSIONS The measurements between the stop-beads or, if there are no stop-beads, between the sides and the head and sill of the sash opening.