Patchogue, N.Y., Code of Ordinances ch. 238 (eCode360 ed. 2026) § 238-4

Definitions

In Force
Verified 11/9/2026 · Next check 2/7/2027
PatchogueHabitability & Repair

Operative Text

Patchogue, N.Y., Code of Ordinances ch. 238 (eCode360 ed. 2026) § 238-4
As used in this chapter, the following terms shall have the meanings indicated: ACCESSORY STRUCTURE A structure subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building. ACCESSORY USE A use or occupancy customarily incidental to the principal use or occupancy of a residential building. 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. BEDROOM A room designed and authorized for use as a bedroom or, as in the case of a studio apartment, a common room used for sleeping purposes. Rooms having other purposes, such as dens, living rooms or hallways, are not to be interpreted as "bedrooms." A room may not be converted to a bedroom without the permission of the Building Inspector and shall not be deemed authorized for use as a bedroom until written authorization by the Building Inspector shall have been obtained. 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. BUILDING INSPECTOR The Building Inspector of the Village of Patchogue or any person duly appointed as such Inspector. 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. DECK A platform-like structure commonly made of wood and commonly extending from a building or surrounding a pool. DWELLING, ONE-FAMILY A building designed and authorized for exclusive occupancy as a home or residence for not more than one family, which building shall have not more than one kitchen. DWELLING, TWO-FAMILY A building designed and authorized for exclusive occupancy as a home or residence for not more than two families living independently of each other, which building shall have at least, but not more than, two kitchens. DWELLING UNIT One or more rooms with provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one family, said sleeping facilities to be limited to sleeping rooms only. EXIT A way of departure from the interior of a building or structure to the exterior at street or grade level, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape. FAMILY One or more persons related by blood, adoption or marriage, or a domestic partnership, living and cooking together as a single housekeeping unit, or a number of persons, not so related, but the factual and functional equivalent of the same, living and cooking together as a single housekeeping unit and as a relatively permanent household, and not as a framework for transients or transient living. 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 building 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." HEATER ROOM Space containing central heat-producing or heat-transfer equipment. HIGH-CAPACITY Containing equipment having an individual or combined rated gross capacity of 1,000,000 BTUs per hour or more, or capable of operating at more than 15 pounds per square inch for steam or more than 30 pounds per square inch or 250° F. for hot water. 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 Any assembly of cabinets, appliances, countertops or plumbing used in connection with the storage, preparation or cooking of food. KITCHENETTE A space, less than 60 square feet in floor area, used for cooking or preparation of food. MIXED OCCUPANCY The occupancy of a building used in part for residential use and in part for some other use not accessory thereto. MODERATE-CAPACITY Containing equipment having an individual or combined rated gross capacity from 250,000 to 1,000,000 BTUs per hour and operating at less than 15 pounds per square inch for steam or less than 30 pounds per square inch or 250° F. for hot water. MULTIPLE DWELLING A. A building containing three or more dwelling units. B. 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. C. 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. D. A building used or occupied as a convalescent, old age or nursing home, but not including private or public hospitals or public institutions. NONHABITABLE SPACE Space used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater, boiler and recreation rooms, closets and other space for service and maintenance of the building, and those spaces used for access and vertical travel between stories and specifically excluding any rooms used for sleeping, eating and cooking, other than kitchenettes. The presence of a bed or bed frame in a room is presumptive evidence that the room is being used for sleeping purposes. OPERATOR Any person, partnership, corporation or other entity who has charge, care and/or control of a dwelling or premises, or a part thereof, whether with or without the knowledge and/or consent of the owner, including but not limited to a managing agent. OWNER Any person, partnership, corporation or other entity who, alone or jointly, shall have legal title to any premises, with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. PLUMBING SYSTEMS The water supply system, the drainage system, the vent system and 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. ROOMING UNIT Any room or group of rooms forming a single habitable unit used, intended, arranged or designed to be used for living and sleeping, but not for cooking or eating, purposes. SEWAGE Liquid waste containing animal or vegetable matter in suspension or solution, and which may include industrial wastes and liquids containing chemicals. SPACE HEATERS Any and all devices used for producing heat in an unheated space which are not part of the regular heating system of a dwelling. STRUCTURE Anything constructed or erected which requires location in or upon the ground or which is attached to something having location in or upon the ground, including all types of signs, but not including fences which are six feet or less in height or anything constructed or erected which is less than 100 square feet in area and which is used as a shed. The word "structure" shall be construed as though followed by the words "or part thereof." TOILET ROOM An enclosed space, containing one or more water closets, which may also contain one or more lavatories, urinals and other plumbing fixtures. VENTILATION The supply and removal of air to and from a space by natural or mechanical means. VENTILATION, MECHANICAL Ventilation by power-driven devices. VENTILATION, NATURAL Ventilation by an opening to the outer air through windows, skylights, doors, louvers or stacks, with or without wind-driven devices. WALL COMPONENTS All parts of a wall including doors, windows, locks and wall coverings, including paint, wallpaper, vinyl wall covering, wood or composite paneling or any other material used to cover or construct a wall.
Source: Legislative text reproduced verbatim
Plain English

Section 238-4 of Patchogue, N.Y., Code of Ordinances ch. 238 establishes the official definitions that govern how terms are interpreted throughout the entire chapter on residential housing standards. Words like "bedroom," "dwelling unit," "family," "habitable space," and "multiple dwelling" carry specific legal meanings under this section that may differ from everyday usage. These definitions set the interpretive foundation for all other requirements, restrictions, and rights described elsewhere in Chapter 238.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 9, 2026

Plain English — not legal advice.

For Property Managers

Property owners and operators subject to Patchogue, N.Y., Code of Ordinances ch. 238 § 238-4 should be familiar with how key terms are defined, since those definitions shape compliance obligations throughout the chapter. For example, converting a room to a bedroom requires written authorization from the Building Inspector, and a space qualifies as a "kitchen" or "kitchenette" based on specific criteria that affect how dwelling units are classified. Operators and owners—both terms defined broadly in § 238-4 to include managing agents and entities with charge or control of a property—are generally expected to apply these definitions consistently when describing, renting, or maintaining residential units.

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 Patchogue should be aware that § 238-4 of Chapter 238 defines the terms that underpin their housing rights and protections under the local code. For instance, the definition of "bedroom" means that a landlord cannot simply designate any room as a sleeping space without Building Inspector authorization, and the definition of "family" may affect who is recognized as a lawful occupant. Tenants who believe a unit is being misrepresented—such as an unauthorized room being rented as a bedroom—may consider raising the relevant § 238-4 definition when filing a complaint with local code enforcement or consulting a tenant-rights organization for 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 9, 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

Patchogue Code § 238-4
Patchogue Code § 238-5
Patchogue Code § 238-43

Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information

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