Oneida, N.Y., Code of Ordinances ch. 77 § 77-5

Definitions

In Force
Verified 11/7/2026 · Next check 2/5/2027
OneidaStatutory Standards

Operative Text

Oneida, N.Y., Code of Ordinances ch. 77 § 77-5
The words and terms used in this chapter shall have the following meanings: 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: offices for the building management, dining rooms, banquet rooms, public kitchens, 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. Such term shall have a uniform meaning and shall apply in the same manner and under the same conditions or restrictions to all residential buildings. AGENCY The department designated by the Common Council to carry out the duties of enforcing and administering this chapter. APPROVED Approved by the administrative officer under the regulations of this chapter or approved by an authority designated by law or this chapter. 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 average 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. 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 average finished grade of the ground adjoining the building. 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. DORMITORY BUILDING This term shall be synonymous with the terms "college dormitory," "school dormitory" and "faculty residence." A dormitory building is a multiple dwelling owned and/or operated by an educational institution for the primary purpose of providing sleeping rooms for students enrolled in the educational institution and/or members of the educational institution's faculty. A dormitory building may or may not have additional facilities for dining and/or recreation. This definition has been included to provide the distinction between a structure which is a dormitory building and a dormitory which, as defined in this chapter, is a room. DWELLING A building containing not more than two dwelling units occupied exclusively for residential uses. DWELLING UNIT One or more rooms with provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one family. DWELLING, TWO-FAMILY A building containing not more than two dwelling units occupied exclusively for residential purposes. DWELLING, ONE-FAMILY A building containing not more than one dwelling unit occupied exclusively for residential purposes. 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. EXTERMINATION 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, trapping; or by any other means of pest elimination. FAMILY A household constituting a single housekeeping unit occupied by one or more persons. FARM LABOR CAMP A property consisting of a tract of land and tents, vehicles, buildings or other structure 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, who are supplied with such services or facilities as are necessary for their use of such property. FINISHED GRADE The natural surface of the ground or surface of ground after completion of any change in contour, abutting building or premises. FLOOR AREA The horizontal areas of a building which are enclosed by the exterior walls of the building. 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. HABITABLE SPACE Space occupied by one or more persons for living, sleeping, eating or cooking. Kitchenettes shall not be deemed to be habitable space. 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 square 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 and 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. MOBILE HOME COURT A parcel of land which has been planned and improved for the placement of two or more mobile homes. MOTEL A multiple dwelling not over two stories in height, intended primarily for motorists, in which the exit from each dwelling unit or sleeping room is directly to the exterior, The definition includes, but is not limited to, the terms "motor court," "motor hotel," "tourist court." 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. 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 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 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. OPENINGS FOR EMERGENCY USE This term shall be as defined in the New York State Uniform Fire Prevention and Building Code applicable to one- and two-family dwellings. 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. PLUMBING SYSTEM The water supply system, the drainage system, the vent system, fixtures and traps, including their various connections, devices and appurtenances within the property lines of the premises. POTABLE WATER Water which is approved for drinking, culinary and domestic purposes. PREMISES A lot, plot or parcel of land including the building or structures 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 less 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 chapter, 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 for cooking or eating purposes. RUBBISH All combustible and noncombustible waste, except garbage. SEWAGE A 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 and one or more lavatories, which may also contain urinals and other plumbing fixtures. (See definition of "bathroom.") VENTILATION Supply and removal of air to and from a space by natural or mechanical means. A. VENTILATION, MECHANICAL Ventilation by power-driven devices, other than wind-driven. B. VENTILATION, NATURAL Ventilation by openings 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 other approved water supply and sewer system.
Source: Legislative text reproduced verbatim
Plain English

Section 77-5 of Oneida, N.Y., Code of Ordinances Chapter 77 establishes the official definitions for all terms used throughout the chapter's housing and residential building regulations. These definitions set the precise meanings of words like "dwelling," "habitable space," "multiple dwelling," "rooming house," and dozens of other terms, ensuring consistent interpretation across the entire chapter. The definitions draw clear distinctions between similar concepts—such as basement versus cellar, kitchen versus kitchenette, and dormitory versus dormitory building—so that the chapter's requirements apply uniformly to the correct types of spaces and structures.

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

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Chapter 77 of the Oneida Code should be familiar with the definitions in § 77-5, as these terms govern how every other provision in the chapter applies to their properties. For example, whether a building qualifies as a "multiple dwelling," a "rooming house," or a "dwelling" determines which specific maintenance, safety, and occupancy standards apply. Compliant operators generally use these definitions as a reference point when classifying spaces, structures, and uses on their premises to ensure they are meeting the correct set of requirements.

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

For Tenants

Section 77-5 of Oneida's Chapter 77 provides the foundational definitions that shape tenants' rights and protections throughout the chapter, including what counts as a "habitable space," a "dwelling unit," or an "infestation." Understanding these definitions can help tenants recognize whether a condition or space in their home falls under the chapter's protections. Tenants who believe a landlord is misclassifying a space or use in a way that affects their rights may wish to consult the Agency designated by the Common Council to administer Chapter 77, or reach out to a local tenant-rights organization for general guidance.

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

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References Out

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References In

Rules and statutes that cite this regulation

Oneida Code § 77-12
Oneida Code § 77-88
Oneida Code § 77-17
Oneida Code § 77-20
Oneida Code § 77-32
Oneida Code § 77-34
Oneida Code § 77-25
Oneida Code § 77-26
Oneida Code § 77-32
Oneida Code § 77-34
Oneida Code § 77-4
Oneida Code § 77-32
Oneida Code § 77-32

Related Rules

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

Source Information

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Fetched:Nov 7, 2026, 10:12 AM UTC