Pelham, N.Y., Code of Ordinances ch. 54 (eCode360 ed. 2026) § 54-8

A. The following definitions shall apply in the interpretation and enforcement of this code: ACCESSORY STRUCTURE A structure, the use of which is incidental to that of the main building and which is attached to or located on the same premises. BASEMENT That portion of a building that is partly below grade, which has more than one-half (1/2) its height, measured from clear floor to ceiling, above the average finished grade of the ground abutting the building. BULK CONTAINER A garbage container having a capacity of two (2) cubic yards or greater, which container is equipped with fittings for hydraulic and/or mechanical emptying, unloading and/or removal. CELLAR The lowermost portion of a building, partly or totally underground, having one-half (1/2) or more of its height, measured from clear floor to ceiling, below the average finished grade of the ground abutting the building. COMBUSTIBLE Material or combination of materials that will ignite and support combustion when heated to any temperature up to one thousand three hundred eighty two degrees Fahrenheit (1,382º F.) [seven hundred fifty degrees centigrade (750º C.)] during an exposure for five (5) minutes. CONDEMN To adjudge unfit for use or occupancy. DEPARTMENT The Department of Building of the municipality or a department which regulates the administration and enforcement of this code. DWELLING UNIT Any room or group of rooms located within a residential building and forming a single habitable unit, containing living, cooking, sanitary and sleeping facilities. EGRESS An arrangement of exit facilities to assure a safe means of exit from a building. ENFORCEMENT OFFICER The officer or other designated authority charged with the administration and enforcement of this code. EXIT A means of departure from the interior of a building to the exterior at a street or to a yard, court or passageway leading to a public open area, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes, and all other elements necessary for egress or escape. EXTERMINATION The control and elimination of insects, vermin, rodents and other pests by eliminating their harborage areas; by removing or making inaccessible materials that might serve as their food; by poisoning, spraying, fumigating, trapping or using any other recognized and legal pest-elimination methods approved by the Enforcement Officer. FIRE-RESISTANCE RATING Time, in hours or parts thereof, that a material, construction or assembly will withstand fire exposure, as determined in a fire test made in conformity with generally accepted standards or as determined by extension or interpretation of information derived therefrom. FLAME-RESISTANT MATERIAL Material that is flame resistant by nature or has been made flame resistant, in conformity with generally accepted standards. FLUSH WATER CLOSET A toilet bowl that is flushed with water supplied under pressure and equipped with a water-sealed trap above the floor level. FUMIGATION Extermination by the use of fumigants. A fumigant is any substance that, by itself or in combination with any other substance, emits or liberates a gas or gases, fumes or vapors which, when liberated and used for the destruction or control of insects, vermin, rodents or other pests, are lethal, poisonous, noxious or dangerous to human life. GARBAGE Animal and vegetable waste that is subject to putrefaction, resulting from the handling, preparation, cooking and consumption of food, and other household waste that can be compacted, bagged and placed in a container no larger than 33 gallons. Garbage does not include recyclables, organic yard waste, bulk metal, or construction and demolition waste. GROUP HOME A family-type home for the care and maintenance of seven (7) to twelve (12) children, operated by an authorized agency. GROSS FLOOR AREA The total area of all habitable space. GUEST A person who shares a dwelling unit in a nonpermanent status for not more than thirty (30) days. HABITABLE SPACE Space occupied by one (1) or more persons for living, sleeping, eating or cooking, excluding kitchenettes, bathrooms, water closet rooms, laundries, pantries, dressing rooms, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms and basement or cellar recreation rooms. HOUSEHOLD One (1) or more persons living together in a single dwelling unit and sharing common living, sleeping, cooking and eating facilities. INFESTATION The presence of insects, vermin, rodents or other pests within a residential building or on the outdoor premises. INSECTICIDE Any substance, not a fumigant, under whatever name known, used for the destruction or control of insects and other similar pests. INTERIOR FINISH Material applied directly to walls or ceilings for acoustical correction, surface insulation, decorative treatment or similar purposes, including but not limited to veneer, wainscoting and paneling. Surface finishes of wallpaper or other materials not more than one-twenty-eighth (1/28) inch thick, having no greater fire hazard than wallpaper, shall not be deemed to be "interior finish." INTERIOR TRIM Material, generally not exceeding twelve (12) inches in width, around openings or on walls or ceilings, including casings, stools, aprons, baseboards, chair rails, picture molds, cornice moldings and moldings applied for decoration. KITCHEN Space, sixty (60) square feet or more in floor area, with a minimum width of five (5) feet, used for cooking or preparation of food and deemed habitable space. KITCHENETTE Space, less than sixty (60) square feet in floor area, used for cooking or preparation of food and not deemed habitable space. MULTIPLE DWELLING (1) Any of the following: (a) A building designed or occupied for residential purposes by three (3) or more families. (b) A series of attached, detached or semidetached buildings, which are provided as a group collectively with essential services and utilities and which are located on a lot, plot or parcel of land, under common ownership. (c) The residential part of a mixed occupancy building. (2) Regardless of the foregoing, any residential building other than a one- or two-family house on a single zoning lot shall be deemed to be a multiple dwelling. MUNICIPALITY A county, city, town or village. NONCOMBUSTIBLE Material or combination of materials that will not ignite and support combustion when heated at any temperature up to one thousand three hundred eighty-two degrees Fahrenheit (1,382º F.) [seven hundred fifty degrees centigrade (750º C.)] during an exposure for five (5) minutes. NONHABITABLE SPACE OR AREA Space used for and including but not limited to kitchenettes; pantries; bath, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms; and other spaces for service and maintenance of the building or structure. NUISANCE (1) ATTRACTIVE NUISANCE Attractive to and detrimental to children. This includes abandoned wells, shafts, basements and excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences and structures; and lumber, trash, fences, debris and vegetation that may prove a hazard for inquisitive minors. (2) HEALTH NUISANCE Dangerous to human life or detrimental to health, as determined by the Enforcement Officer. (3) PUBLIC NUISANCE The physical condition or use of any premises regarded as a "public nuisance" at common law. OCCUPANT Any person over one (1) 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 Temperature based on the average of the low temperatures recorded in the area, either during the last twenty-five (25) years or as long as official temperature records have been kept. OWNER The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building. PERMISSIBLE OCCUPANCY The maximum number of persons permitted as a family or household to reside in a dwelling unit or rooming unit, based on the square feet per person in habitable rooms. PERSON Any individual, firm, corporation, association or partnership. POTABLE WATER Water duly approved as satisfactory and safe for drinking. PREMISES A lot, plot or parcel of land, including the buildings or structures thereon. PRIVACY The ability of a person or persons to carry out an activity without interruption or interference, either by sight or sound, by unwanted individuals. PUBLIC AREAS Areas available for common usage or used for storage purposes or for mechanical equipment of the dwelling. PUBLIC SEWER Sewer operated by a public authority or public utility and available for public use. RAT HARBORAGE Any place where rats can live, nest or seek shelter. RATPROOFING A form of construction that will prevent the ingress or egress of rats to or from a given space or building or will prevent gaining access to food, water or harborage. It consists of the closing and keeping closed of every opening in foundations, basements, cellars, exterior and interior walls, ground or first floors, roofs, sidewalk gratings, sidewalk openings and other places that may be reached and entered by rats climbing, burrowing or other methods, by the use of materials impervious to rat gnawing or by other methods approved by the Enforcement Officer. RODENTICIDE Any substance, not a fumigant, under whatever name known, whether poisonous or otherwise, used for the destruction or control of rodents. ROOMING HOUSE A residential building, or part thereof, which contains one (1) or more rooming units and in which space is occupied or intended to be occupied by three (3) or more persons who are not husband or wife, son or daughter, mother or father or sister or brother of the owner or operator. RUBBISH Excluding garbage, recyclables and construction and demolition debris, all household solid wastes that cannot be compacted, bagged and placed in a container no larger than 33 gallons and that are not subject to putrefaction. SEWAGE 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. SPACE HEATER A self-contained heating appliance of either the convection type or the radiant type and intended primarily to heat only a limited space or area such as one (1) room or two (2) adjoining rooms. B. The word "shall", as used in this code, is always to be construed as mandatory.