Elmira, N.Y., Code ch. 8, art. V § 8-331
Abbreviations and definitions
Operative Text
13-24.1. General. (a) Abbreviations, terms, phrases, words and their derivatives used in this article shall have the meanings stated in this section. Terms and words not defined shall have their ordinarily accepted meanings or such as the context may imply. (b) Words used in the singular include the plural, and the plural includes the singular. Words used in the masculine gender include the feminine and neuter genders. 13-24.2. Abbreviations. The following table describes the various abbreviations used in this article: Btu | British thermal unit C | Celsius cfm | Cubic feet per minute F | Fahrenheit ft | Foot or feet gal | Gallon or gallons gpm | Gallons per minute in | Inch or inches psf | Pounds per square foot psi | Pounds per square inch 13-24.3. Definitions. 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: Accessory structure means a structure used or occupied as an adjunct of, or in conjunction with, the use or occupancy of premises, or buildings thereon, and which is located on the premises or adjacent thereto. Accessory use means a use or occupancy of premises in conjunction with, or for the service of, the residential use. Such accessory use may be located within a residential building or on the same or adjoining premises and may include, but not be limited to: (a) Offices for the building management; (b) Public dining rooms, banquet rooms, public kitchens, and ballrooms; (c) Recreation and playrooms; (d) Laundries for the use of occupants, provided by or in connection with the management and operation of a residential building; (e) Maintenance and workshops, storage rooms for linen, bedding, furniture, supplies, and occupants' equipment and effects; (f) Stores, rooms or space for the sale or display of merchandise; (g) Garages used for the storage of motor vehicles. Ampacity means current-carrying capacity expressed in amperes. Apartment means a dwelling unit in a multiple dwelling or mixed occupancy building. Apartment hotel means a building containing primarily apartments rented, either furnished or unfurnished, with maid, telephone, desk, linen or other services provided to the occupants. See Hotel, Multiple dwelling. Apartment house means a building containing primarily apartments. See Apartment hotel, Multiple dwelling. Approved means adjudged satisfactory, by the administrative officer pursuant to the regulations of this article, by an authority designated by law or this article, or, when used in connection with materials, appliances, equipment or devices, by a testing agency recognized under the state building construction code. Average finished means the average elevation of the finished grade adjoining a building wall. Where two or more building walls are involved, the average shall be computed on the following basis: Multiply the length of each building wall by the average elevation along the respective wall and add the products obtained to form a total; divide this total by the sum of the lengths of the building walls. Basement means that space of a building that is partly below grade, which has one-half or more of its height, measured from floor to ceiling, above the average finished grade. Bathroom means enclosed space containing one or more bathtubs, showers or both, and which may also contain water closets, lavatories or fixtures serving similar purposes. See Toilet room. Boardinghouse. See Lodginghouse. Boatel. See Hotel. Building means a structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof. The term, building, shall be construed as if followed by the phrase "or part thereof," unless otherwise indicated by the text. Cellar means that space of a building that is partly or entirely below grade, which has more than one-half of its height, measured from floor to ceiling, below the average finished grade. Central dining room means a room where meals are furnished or served. Central kitchen means a kitchen serving a central dining room. Club. See Dormitory. Combustible means a material or combination of materials which will ignite and support combustion when heated at any temperature up to 1,382 degrees Fahrenheit (780 degrees Celsius), during an exposure for five minutes. Communal dining room means a room designed and equipped for eating purposes for occupants. Communal kitchen means a kitchen available for common use of occupants. Convalescent home means a facility regulated by the state, and operated for the purpose of providing therein lodging, board and bedside care or hygienic attention, but not including medical or nursing care, to sick, infirm, disabled or convalescent persons. Dormitory means a building containing dormitory units, lodging units, or apartments for the use of students, employees, or guests. See Multiple dwelling. Dormitory unit means a room designed to be used for sleeping purposes only, by four or more occupants. Dwelling, one-family, means a building containing only one dwelling unit and occupied by only one family. Dwelling, two-family, means a building containing only two dwelling units and occupied by only two families. Dwelling unit means a complete self-contained residential unit, with living, sleeping, cooking and sanitary facilities within the unit, for use by one family. Exit means a way of departure from the interior of a building or structure to the exterior, at a street or to a yard, court or passageway leading to a public open area, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape. Fallout shelter means a building, structure or other real property, or an area or portion thereof, constructed, altered or improved to afford protection against radioactive fallout. Family means a single person; or two or more persons, related by blood or marriage and maintaining a common household with not more than two boarders, roomers, or lodgers; or, a group of not more than four persons, not necessarily related by blood or marriage and maintaining a common household. The term "family" does not include live-in household employees. Fire-resistance rating means time in hours, or parts thereof, that a material, construction or assembly will withstand fire exposure, as determined in a fire test made in conformity with generally accepted standards, or as determined by extension or interpretation of information derived therefrom. Flame-resistant material means material which is flame-resistant by nature or has been made flame-resistant, in conformity with generally accepted standards. Flame-spread rating means the measurement of flame spread on the surface of materials or their assemblies, as determined by tests conducted in conformity with a generally accepted standard. Fraternity house. See Dormitory. Generally accepted standard means a specification, code, rule, guide or procedure in the field of construction, or related thereto, recognized and accepted as authoritative under the state building construction code, listed and published as of January 1, 1973. Grade means natural surface of the ground, or surface of ground after completion of any change in contour. Ground cover means: (a) Vegetative. Lawn, turf or vegetative growth other than weeds, thistles, allergenics, drug derivatives or similar plants. (b) Mechanical. Crushed stone or other mechanically applied materials which stabilize ground surface. Habitable space means space used for living, sleeping, eating or cooking. Kitchenettes shall not be deemed to be habitable space. See Nonhabitable space, Public space and Exit. Hotel means a building containing primarily hotel units, for the purpose of furnishing lodging, with or without meals, for transient occupancy; and with management maintaining a register, and providing daily housekeeping and other incidental services, including desk, telephone or bellboy services. See Apartment hotel, Multiple dwelling. Infestation means the presence, within a building or structure, or on premises, of insects, rodents, vermin or other pests. Interior finish means material applied directly to walls or ceilings for acoustical correction, surface insulation, decorative treatment or similar purposes, including, but not limited to, veneer, wainscoting and paneling. Surface finishes of wallpaper or other materials not more than 1/28 -inch thick, having no greater fire hazard than wallpaper, shall not be deemed to be interior finish. Interior trim means material generally not exceeding 12 inches in width, around openings or on wall or ceiling; including casings, stools, aprons, baseboards, chair rails, picture molds, cornice moldings and moldings applied for decoration. Kitchen means space that is 60 square feet or more in floor area, designed and equipped for the purpose of cooking and preparation of food. See Central kitchen, Communal kitchen. Kitchenette means space that is less than 60 square feet in floor space, designed and equipped for the purpose of cooking and preparation of food. Lodginghouse means a building containing primarily lodging units, with or without meals provided as a condition of occupancy. See Multiple dwelling. Lodging unit means a room or group of rooms forming a single unit, used or intended to be used for living and sleeping purposes, with or without sanitary facilities, and having no cooking facilities. See Dwelling unit. Migrant means a seasonal laborer who moves from area to area for work purposes in agriculture, horticulture or food processing. Migrant housing premises means property used, or intended to be used, as residential accommodations and related facilities for migrants. Mixed occupancy building means a building occupied in part for residential use and in part for some other nonaccessory use. See Multiple dwelling. Mobile housing premises means property, including improvements and facilities, designed to accommodate mobile homes and recreational vehicles, including such units located thereon. Motel. See Hotel. Multiple dwelling means any of the following: (a) A building designed or occupied for residential purposes by more than two families; (b) A series of attached, detached or semidetached buildings, which are provided as a group collectively with essential services and utilities, and which are located on a lot, plot or parcel of land, under common ownership; or (c) The residential part of a mixed occupancy building. Regardless of the foregoing, any residential building, other than a one- or two-family dwelling on a single zoning lot, shall be deemed a multiple dwelling. Municipality means a city, town or village. Noncombustible means material or combination of materials which will not ignite and support combustion when heated at any temperature up to 1,382 degrees Fahrenheit (750 degrees Celsius), during an exposure for five minutes. Nonhabitable space means space used for and including, but not limited to, kitchenettes, pantries, bath, toilet, laundry, restrooms, dressing, locker, storage, utility, heater and boiler rooms and other spaces for service and maintenance of the building or structure. See Habitable space, Public space and Exit. Nursing home means a facility regulated by the state, providing therein nursing care to sick, invalid, infirm, disabled, or convalescent persons, in addition to lodging and board. Old-age home means a facility regulated by the state, and operated for the purpose of providing therein care to adult persons who, though not requiring medical or nursing care, are in such condition by reason of age as to require, in addition to lodging and board, personal services to ensure their safety and comfort. Occupant means the person in occupancy, in possession or in control of premises, or using premises. Owner means the person exercising dominion or control over, or vested with title in premises; a proprietor (legal owner, joint owner, part owner, record owner, equitable owner, reputed owner or their successors in interest); or the respective agent of any of them. Plumbing system means the water supply system, drainage system, vent system, fixtures and traps, including their respective connections, devices and appurtenances within property lines. Potable water means water approved for drinking, culinary and domestic purposes. Public space means space within a building for public use, such as lobbies and lounges; receptions, ball, meeting, lecture and recreation rooms; banquet and dining rooms including, appurtenant kitchens; and swimming pools. Property means land, including buildings, structures, facilities and improvements, used or intended to be used as residential accommodations or facilities. Residential premises means property used, or intended to be used, for dwelling or related purposes. Roominghouse. See Lodginghouse. Sewage means liquid waste containing animal or vegetable matter in suspension or solution, and which may include industrial wastes and liquids containing chemicals. Shall is always to be construed as mandatory. Shower room. See Bathroom. Sorority house. See Dormitory. State building construction code means the rules and regulations relating to building construction, as promulgated by the state building code council, and which collectively are known as the state building construction code, as in force and effect on January 1, 1973. Story means the portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds one-third of the floor immediately below, it shall be deemed to be a story. A basement shall be deemed to be a story when its ceiling is six or more feet above the average finished grade. A cellar shall not be deemed to be a story. An attic shall not be deemed to be a story, if unfurnished and not used for human occupancy. Structure means an assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings. Toilet room means enclosed space, containing one or more water closets, which may also contain one or more lavatories, urinals and other plumbing fixtures. See Bathroom. Ventilation means the supply to, and removal of air from a space by natural or mechanical means: (a) Natural means ventilation by opening to outer air through windows, by skylights, doors, louvers or stacks with or without wind-driven devices. (b) Mechanical means ventilation by power-driven devices.
Elmira Code ch. 8, art. V § 8-331 (cross-referenced as sections 13-24.1 through 13-24.3) establishes the foundational vocabulary and abbreviations that govern interpretation of the housing article. Every defined term—from "dwelling unit" and "multiple dwelling" to "habitable space" and "owner"—carries a specific meaning that applies throughout the article unless context clearly indicates otherwise. Words not explicitly defined are read according to their ordinary accepted meanings, and grammatical forms such as singular/plural and gendered pronouns are treated interchangeably.
Plain English — not legal advice.
Property owners and managers operating under Elmira Code ch. 8, art. V § 8-331 benefit from reviewing these definitions carefully, because terms like "owner," "multiple dwelling," "accessory use," and "dwelling unit" carry precise meanings that determine which obligations apply to a given property. A compliant operator generally ensures that any communications, permits, or compliance documents use these terms consistently with the definitions provided in sections 13-24.1 through 13-24.3. Misapplying a defined term—for example, treating a structure as a one-family dwelling when it meets the code's definition of a multiple dwelling—can affect which standards and requirements govern the property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Elmira Code ch. 8, art. V § 8-331 matters to tenants because the definitions it establishes—such as "dwelling unit," "habitable space," "family," and "occupant"—shape the scope of protections and standards that apply throughout the housing article. If a dispute arises over whether a space qualifies as habitable, or whether a building is classified as a multiple dwelling, these definitions in sections 13-24.1 through 13-24.3 are the starting point for that analysis. Tenants who believe a classification is being applied incorrectly may find it useful to consult a local tenant-rights organization or review the full article with the definitions in hand.
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 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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