Newburgh, N.Y., Code of Ordinances ch. 190 § 190-11

For the purposes of this chapter, the following terms shall have the meanings respectively ascribed: ACCESSORY STRUCTURE A structure, the use of which is incidental to that of the main building and which is attached thereto or located on the same premises. APPROVED Approved by the head of the code enforcement agency under the provisions of this chapter or the rules and regulations adopted pursuant thereto or approved by an authority designated by law or by this chapter. BASEMENT The portion of the building that is partly underground, which has more than 1/2 its height measured from clear floor to ceiling above the average finished grade of the ground adjoining the building. BATHROOM An enclosed space containing one or more bathtubs or showers, or both, which may also include toilets, lavatories or fixtures serving similar purposes. BUILDING A combination of any materials, whether portable or fixed, having a roof to form a structure affording shelter for persons, animals or property. The word "building" shall be construed, when used herein, as though followed by the words "or part or parts thereof," unless the context clearly requires a different meaning. CELLAR The lowermost portion of the building, partly or totally underground, having half or more of its height, measured from clear floor to ceiling, below the average finished grade of the adjoining ground. CODE ENFORCEMENT AGENCY The Bureau of Code Compliance for the City. DWELLING A building used in whole or in part for residential uses. DWELLING UNIT One or more rooms with living, cooking, sanitary and sleeping facilities therein, arranged for one family with whom may reside not more than four lodgers or boarders. EXTERIOR PROPERTY AREAS The open space on the premises and the vacant open space on adjacent premises. EXTERMINATION The control and elimination of insects, rodents and vermin 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 approved means of pest elimination. 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 the surface of the ground after completion of any change in contour. GROSS FLOOR AREA The total area of all habitable space. HABITABLE SPACE The space occupied by one or more persons for living, sleeping, eating or cooking, excluding kitchenettes, bathrooms, toilet rooms, laundries, pantries, dressing rooms, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms and basement or cellar recreation rooms. HEAD OF CODE ENFORCEMENT AGENCY The Code Compliance Supervisor of the City or, in case of his absence or disability, any of the Assistant Chiefs or the Deputy Chief of the Fire Department as may be designated to act in that capacity by the Chief of the Fire Department or by the City Manager. INFESTATION The presence within or contiguous to 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 for 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: A. Containing three or more dwelling units. B. Containing living, sanitary and sleeping facilities, occupied by one family or two families and more than four lodgers residing with either one of such families. C. 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 over one year of age, living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit. OPERATOR Any person who has charge, care or control of a multiple residence or rooming house in which dwelling units or rooming units are let or offered for occupancy. OUTSIDE DESIGN TEMPERATURE The temperature, based on the average of the low temperature recorded in the area, either during the last 25 years or as long as temperature records have been kept. OWNER The owner or owners of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person in control of a building. PLUMBING SYSTEM The pipes, fixtures and other apparatus for supplying water for consumption or for the conveyance of waste and drainage. POTABLE WATER Water duly approved as satisfactory and safe for drinking. PREMISES A lot, plot or parcel of land, including the building or structures thereon. PUBLIC SEWER A sewer operated by a public authority or public utility and available for public use. ROOMING HOUSE A building or part thereof which contains one or more rooming units and which space is occupied or intended to be occupied by five or more persons who are not husband or wife, son or daughter, mother or father or sister or brother of the owner or operator. 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. SEWAGE The waste from a flush toilet, bath, sink, lavatory, dishwashing or laundry machine or the water-carried waste from any other fixture or equipment or machine. STRUCTURE A combination of any materials, whether fixed or portable, forming a construction, including buildings. The word "structure" shall be construed as though followed by the words "or part or parts thereof." SUPPLIED FACILITIES The facilities 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 utility system for more than 30 consecutive days. Any tent, trailer or other structure occupied for more than 30 consecutive days shall meet all requirements of this chapter. TOILET ROOM OR COMPARTMENT An enclosed space containing one or more toilets, which may also contain one or more lavatories, urinals and other plumbing fixtures. VENTILATION The supply and removal of air to and from any space by natural or mechanical means. VENTILATION, MECHANICAL Ventilation by power-driven devices. VENTILATION, NATURAL Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks, with or without wind-driven devices.