Hornell, N.Y., Code of Ordinances ch. 178 § 178-6
Definitions
Operative Text
As used in this Part 1 , the following terms shall have the meanings indicated: ACCESSORY STRUCTURE A structure, the use of which 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: A. Offices for the building management. B. Dining rooms, banquet rooms, public kitchens and ballrooms. C. Recreation and play rooms. D. Laundries for the use of tenants and occupants and in connection with the management and operation of a residential building. E. Maintenance and work shops and storage rooms for linen, bedding, furniture, supplies and tenants' equipment and effects. F. Rooms or space for the incidental sale or display of merchandise to occupants and tenants, such as newspaper, candy and cigar stands. G. 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 Part 1 or approved by an authority designated by law or this Part 1 . BASEMENT That space of a building that is partly below grade which has more than half its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building. BATHROOM An 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 the definition of "toilet room." BUILDING A structure wholly or partially enclosed within exterior walls or within exterior or party walls and a roof, affording shelter to persons, animals or property. CELLAR That space of a building that is partly or entirely below grade which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building. DWELLING, ONE-FAMILY A building containing not more than one dwelling unit occupied exclusively for residential purposes. DWELLING, TWO-FAMILY A building containing not more than two dwelling units occupied exclusively for residential purposes. DWELLING UNIT One or more rooms with provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one family. EXIT A 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. FAMILY A household constituting a single housekeeping unit occupied by one or more persons. GENERALLY ACCEPTED STANDARD A specification, code, rule, guide or procedure in the field of construction or related thereto recognized and accepted as authoritative. GRADE, FINISHED The natural surface of the ground or the surface of the ground after completion of any change in contour, abutting buildings 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 the definitions of "nonhabitable space," "public space" and "exit." INFESTATION The presence, within or contiguous to a dwelling, dwelling unit, lodging house, lodging 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 for cooking or preparation of food. KITCHENETTE A space, less than 60 square feet in floor area, used for cooking or preparation of food. LODGING HOUSE A multiple dwelling used primarily for the purpose of furnishing lodging, with or without meals, for compensation. 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 and in part for some other use not accessory thereto. MULTIPLE DWELLING A. A building containing three or more dwelling units. B. 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. C. 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. D. A building with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house or for similar uses. E. A building used or occupied as a convalescent, old-age or nursing home, but not including private or public hospitals or public institutions. (See § 178-3B for certain multiple dwellings not within scope of this Part 1 .) MULTIPLE RESIDENCE See the definition of "multiple dwelling." MUNICIPALITY A city, town or village. 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 the definitions of "habitable space," "public space" and "exit." PLUMBING SYSTEM The water supply system, the drainage system, the vent system, fixtures and traps, including their respective connections, devices and appurtenances within the property lines of the premises. POTABLE WATER Water which is approved for drinking, culinary and domestic purposes. PUBLIC SPACE Space within a residential building for public use, such as lobbies and lounges, reception, ball, meeting, lecture and recreation rooms, banquet and dining rooms and their kitchens and swimming pools. SEWAGE Liquid waste containing animal or vegetable matter in suspension or solution and which may include industrial wastes and liquids containing chemicals. STRUCTURE An assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings. TOILET ROOM An enclosed space containing one or more water closets which may also contain one or more lavatories, urinals and other plumbing fixtures. See the definition of "bathroom." VENTILATION The supply and removal of air to and from a space by natural or mechanical means. A. VENTILATION, MECHANICAL Ventilation by power-driven devices. B. VENTILATION, NATURAL Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks, with or without wind-driven devices.
Section 178-6 of Hornell, N.Y., Code of Ordinances ch. 178 establishes the official definitions that govern how terms are interpreted throughout Part 1 of the city's residential housing code. Words like "dwelling unit," "habitable space," "multiple dwelling," "infestation," and "exit" carry specific technical meanings under this section that may differ from everyday usage. These definitions set the interpretive foundation for all other requirements, standards, and obligations found elsewhere in ch. 178.
Plain English — not legal advice.
Property owners and managers operating residential buildings in Hornell should be familiar with the definitions set out in § 178-6, because those meanings control how compliance is assessed under the rest of Part 1. For example, the distinction between a "basement" and a "cellar," or between a "kitchen" and a "kitchenette," can affect whether a space qualifies as habitable and whether it may lawfully be used for occupancy. Operators who understand these defined terms are better positioned to classify their spaces, structures, and uses correctly when seeking approvals or responding to inspections.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in Hornell rental housing benefit from understanding the definitions in § 178-6, because those terms shape what protections and standards apply to their homes under ch. 178. For instance, whether a space qualifies as "habitable space" or a building qualifies as a "multiple dwelling" can determine which code requirements a landlord must meet. Tenants who believe their unit or building may be misclassified or that conditions like "infestation" are present can consult a local tenant-rights organization or contact the relevant municipal authority to understand what remedies may be available.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation
Related Rules
Source Information
Use this in your app
Access this data programmatically via our API