Glens Falls, N.Y., Code of Ordinances ch. 128 § 128-2

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Verified 11/7/2026 · Next check 2/5/2027
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Glens Falls, N.Y., Code of Ordinances ch. 128 § 128-2
A. The following definitions shall apply in the interpretation and enforcement of this chapter: APPROVED Constructed, installed and maintained in accordance with the provisions of this chapter and other pertinent ordinances or regulations of the City of Glens Falls or applicable therein. BASEMENT A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A "basement" shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes. BUILDING Any structure having a roof for the shelter, housing or enclosure of persons, animals, chattels or property of any kind. CELLAR An enclosed space within the foundation walls of a building and having more than 1/2 of its height below the average level of the adjoining ground. In no event shall a "cellar" be considered a dwelling. DIRECTOR OF BUILDINGS The person designated by the Mayor to carry out the duty of providing a hearing and making a determination with respect to repair and/or demolition of buildings as specified in this chapter. DWELLING A building designed or used as the living quarters for one or more families. The terms "dwelling," "one-family dwelling," "two-family dwelling" or "dwelling group" shall be deemed to include automobile court, rooming house or tourist home. DWELLING UNIT A dwelling or portion thereof providing complete living facilities for one family. ENFORCEMENT OFFICER The person designated by a majority of the Common Council to carry out the duties of enforcement and administration specified in this chapter (Building Inspector). EXTERIOR PROPERTY AREAS Open space on the premises and vacant open space on adjacent premises. EXTERMINATION The control and elimination of insects, rodents or other pests by eliminating their harborage places and by removing or making inaccessible materials that may serve as their food by any recognized and legal pest elimination method approved by the enforcement officer. GARBAGE The animal, vegetable and mineral waste resulting from the handling, preparation, cooking and consumption of food. GRADE The natural surface of the ground or surface ground after completion of any change in contour, including the completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto. HABITABLE ROOM A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding stairways, bathrooms, water closet compartments, laundries, pantries, foyers, communicating corridors, closets or storage spaces. INFESTATION The presence within or around a dwelling, dwelling unit, rooming house, rooming unit or premises of insects, rodents, vermin or other pests. KITCHEN A space 60 square feet or more in floor area with a minimum width of five feet, used in cooking or preparation of food and deemed habitable space. KITCHENETTE A space less than 60 square feet in floor area used for cooking or preparation of food and not deemed habitable space. MULTIPLE RESIDENCE A building containing three or more dwelling units; a building containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families; or a building with one or more sleeping rooms other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants. OCCUPANT Any person, including an owner or operator, over one year of age living, sleeping, cooking or eating in or having actual possession of a dwelling unit or room in a rooming house. OPENABLE AREA Any part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR Any person having charge, care, management or control of any dwelling, or part of it, in which dwelling units or rooming units are let. OWNER Any person who, alone, jointly or severally with others, holds legal or equitable title to any dwelling, dwelling unit, rooming house or rooming unit. PERSON An individual, firm, corporation, association or partnership. PLUMBING Includes 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 or gas lines. PREMISES A plotted lot or part thereof or unplotted lot or parcel or plot of land, either occupied or unoccupied by any dwelling or nondwelling structure, including the dwelling or structure thereon. PUBLIC HALL Any hall, corridor or passageway not within the exclusive control of one family. RENTAL DUPLEX A duplex (two-family) building within the City of Glens Falls, at least one dwelling unit of which is rented to one or more persons as living quarters. ROOMING HOUSE Any dwelling or part thereof which contains one or more rooming units, in which space is let by the occupant or owner to three or more persons not directly related to him. 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 for cooking or eating purposes. RUBBISH All combustible and noncombustible waste, except garbage. SINGLE-FAMILY-DWELLING A dwelling occupied by one family alone. SUPPLIED Paid for, furnished or provided by or under the control of the owner or operator, his agents and/or representatives. VENTILATION, MECHANICAL Any ventilation by power-driven devices. VENTILATION, NATURAL Any ventilation by opening to outer air through windows, skylights, doors, louvers or stacks, with or without wind-driven devices. WATER CLOSET A toilet, with a bowl and trap, which is connected to the City water and sewer system or to another approved water supply and sewer system. B. Meaning of certain words. Whenever the words "building," "dwelling," "dwelling unit," "rooming house" and "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."
Source: Legislative text reproduced verbatim
Plain English

Section 128-2 of Glens Falls, N.Y., Code of Ordinances ch. 128 establishes the foundational vocabulary used throughout the city's housing and building code. It draws precise distinctions between terms such as "basement" and "cellar" (notably, a cellar may never be considered a dwelling), defines who qualifies as an owner, operator, or occupant, and sets minimum size thresholds for spaces like kitchens and kitchenettes. These definitions govern how every other provision in Chapter 128 is interpreted and enforced across all covered structures and premises.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 7, 2026

Plain English — not legal advice.

For Property Managers

Property owners and operators subject to Glens Falls, N.Y., Code of Ordinances ch. 128 § 128-2 should be familiar with how the code distinguishes between key structural and occupancy terms, since those definitions shape compliance obligations throughout the chapter. For example, a compliant operator understands that a cellar—defined as a space with more than half its height below grade—cannot lawfully be used or rented as a dwelling unit under any circumstances. Operators who manage multiple residences, rooming houses, or rental duplexes as defined in § 128-2 are subject to the full scope of Chapter 128's requirements, and maintaining records that accurately reflect the classification of each space helps demonstrate ongoing compliance.

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

For Tenants

Tenants living in Glens Falls should know that § 128-2 of Chapter 128 sets the definitions that determine what spaces legally qualify as habitable dwellings or dwelling units, which directly affects the protections they are entitled to under the rest of the chapter. For instance, the provision explicitly states that a cellar can never be considered a dwelling, meaning anyone renting such a space may have grounds to raise a code violation. Tenants who believe their living space does not meet the definitions established in § 128-2—or that it is being misclassified—can contact the city's Enforcement Officer (Building Inspector) or reach out to a local tenant-rights organization to understand 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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 244.850
Basement space may be habitable
§ 8
General application to all dwellings
§ 65
Artificial lighting

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