Port Chester, N.Y., Code of Ordinances ch. 197 (eCode360 ed. 2026) § 197-9

Definitions

In Force
Verified 11/10/2026 · Next check 12/10/2026
Port ChesterStatutory Standards

Operative Text

Port Chester, N.Y., Code of Ordinances ch. 197 (eCode360 ed. 2026) § 197-9
For the purposes of this law, the following terms shall mean and include: ACCESSORY STRUCTURE A structure, the use of which is incidental to that of main building and which is attached thereto or located on the same premises. APPROVED Approved by the Commissioner under the provisions of this law or the rules and regulations adopted pursuant thereto or approved by an authority designated by law or by this law. BASEMENT The portion of the building that is partly underground which has more than 1/2 its height, measured clear from floor to ceiling, above the average finished grade of the ground adjoining the building. BATHROOM Enclosed space containing one or more bathtubs, showers or both, and 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 1/2 or more of its height, measured clear from floor to ceiling, below the average finished grade of the adjoining ground. COMMISSIONER The Commissioner of Building referred to in this law shall be a Building Inspector or his designee. DEPARTMENT The Building Department of the Village of Port Chester. DWELLING A building containing not more than two dwelling units occupied exclusively for residential uses. Residential uses shall include a private garage and customary home occupations conducted in the "dwelling" by the occupants, such as the practice of a profession. DWELLING UNIT A building or portion thereof providing complete housekeeping facilities for one family. EXTERIOR PROPERTY AREAS Open space on the premises and vacant open space on adjacent premises. EXTERMINATION The control and extermination 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 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 Space occupied by one or more persons for living, sleeping, eating or cooking. Restaurants for employees and occupants, kitchens serving them and kitchenettes shall not be deemed "habitable space." INFESTATION The presence, within or continuous 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, not deemed habitable space. MULTIPLE DWELLING A dwelling which is either rented, leased, let or hired out to be occupied or which is occupied as the temporary or permanent residence or home of three or more families living independently of each other, including but not limited to the following: a tenement, flat house, maisonette apartment, apartment house, apartment hotel, tourist house, bachelor apartment, studio apartment, duplex apartment, kitchenette apartment, hotel, lodging house, rooming house, boardinghouse, boarding and nursery school, furnished room house, club, sorority house, fraternity house, college and school dormitory or convalescent, old age or nursing home or residences. It shall also include a dwelling, two or more stories in height, and with four or more boarders, roomers or lodgers residing with any one family. NONHABITABLE SPACE Space used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms, closets and other spaces used for access and vertical travel between stories. 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 Zero degrees Fahrenheit. PLUMBING SYSTEM 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 buildings or structures thereon. PUBLIC SEWER Sewer operated by a public authority or public utility and available for public use. ROOMING HOUSE A dwelling other than a hotel in which lodging is provided for three or more persons for compensation. 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 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 The 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 Facilities paid for, furnished, 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 Code. TOILET ROOM OR COMPARTMENT Enclosed space containing one or more toilets, which may also contain one or more lavatories, urinals and other plumbing fixtures. VENTILATION 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.
Source: Legislative text reproduced verbatim
Plain English

Section 197-9 of Port Chester, N.Y., Code of Ordinances ch. 197 establishes the official vocabulary used throughout the village's housing and property maintenance law. Each defined term — from "basement" and "cellar" to "multiple dwelling" and "habitable space" — carries a precise legal meaning that governs how all other provisions in ch. 197 are interpreted and applied. The definitions set boundaries between categories of spaces, structures, and roles, which in turn determines what standards and obligations attach to each.

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 ch. 197 should familiarize themselves with the definitions in § 197-9, because terms like "dwelling," "multiple dwelling," "operator," and "habitable space" determine which code requirements apply to a given property. For example, the distinction between a "basement" and a "cellar" affects whether a space may be used for occupancy, and the definition of "operator" clarifies who bears responsibility for compliance in multi-unit settings. Compliant operators generally use these definitions as a reference point when assessing whether spaces, facilities, and structures meet the standards set out elsewhere in ch. 197.

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 Port Chester can look to § 197-9 to understand the precise meaning of terms that appear throughout ch. 197 and that may affect their rights — for instance, whether a rented space qualifies as "habitable space" or whether a building meets the definition of a "multiple dwelling." These classifications can be relevant when raising a housing-condition concern with the Village of Port Chester Building Department, which is identified in § 197-9 as the "Department" responsible for administering this law. Tenant-rights organizations familiar with local housing codes can help explain how these definitions apply to particular living situations.

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

Port Chester Code § 197-5
Port Chester Code § 197-13
Port Chester Code § 197-15
Port Chester Code § 197-13
Port Chester Code § 197-10
Port Chester Code § 197-22
Port Chester Code § 197-25
Port Chester Code § 197-22
Port Chester Code § 197-23
Port Chester Code § 197-22
Port Chester Code § 197-23
Port Chester Code § 197-25
Port Chester Code § 197-23
Port Chester Code § 197-24
Port Chester Code § 197-5
Port Chester Code § 197-5
Port Chester Code § 197-25
Port Chester Code § 197-23
Port Chester Code § 197-22
Port Chester Code § 197-27
Port Chester Code § 197-23
Port Chester Code § 197-28
Port Chester Code § 197-27

Related Rules

§ 192-8
Penalties for offenses
§ 157-2
Legislative intent
§ 227-13
License fees

Source Information

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