Sleepy Hollow, N.Y., Code of Ordinances ch. 245 (eCode360 ed. 2026) § 245-68
Terms defined
Operative Text
The following definitions shall apply in the interpretation and enforcement of this Part 3 : 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 1/2 of 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 cubic yards or greater and which 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 half 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 a combination of materials that will ignite and support combustion when heated to any temperature up to 1,382° F. (750° C.), during an exposure for five 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 Part 3 . 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 Part 3 . 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 public open areas, 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 Building Inspector. 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 or 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 resulting from the handling, preparation, cooking and consumption of food, trash and unwanted matter. GROSS FLOOR AREA The total area of all habitable space. GROUP HOME A family-type home for the care and maintenance of seven to 12 individuals, operated by an authorized agency. GUEST A person who shares a dwelling unit in a nonpermanent status for not more than 30 days. HABITABLE SPACE Space occupied by one 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 or more persons living together in a single dwelling unit and sharing common living, sleeping, cooking and eating facilities. INFESTATION The presence of a high incidence 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 finished of wallpaper or other materials not more than 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 12 inches in width, around openings or on a wall or ceiling, including casings, tools, aprons, baseboards, chair rails, picture moldings, cornice moldings and moldings applied for decoration. KITCHEN Space, 60 square feet or more in floor area, with a minimum width of five feet, used for cooking or the preparation of food and deemed habitable space. KITCHENETTE Space, less than 60 square feet in floor area, used for cooking or preparation of food and not deemed habitable space. MULTIPLE DWELLING A. Any of the following: (1) A building designed or occupied for residential purposes by three or more families; (2) 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; or (3) The residential part of a mixed-occupancy building. B. 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 a combination of materials that will not ignite and support combustion when heated at any temperature up to 1,382° F. (75° C.), during an exposure for five 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 maintenance of the building or structure. NUISANCE A. 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 other vegetation that may prove a hazard for inquisitive minors. B. HEALTH NUISANCE Dangerous to human life or detrimental to health, as determined by the Building Inspector. C. PUBLIC NUISANCE The physical condition or use of any premises regarded as a public nuisance at common law. 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. 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 A sewer operated by a public authority or public utility and available for public use. RATPROOFING A form of construction that will prevent the ingress or egress of rats to or from a given space or building or 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 Building Inspector. 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 or more rooming units and in which space is occupied or intended to be occupied by three 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 All combustible and noncombustible waste, except garbage. SEWAGE Waste from a flush toilet, 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 room or two adjoining rooms.
Section 245-68 of Sleepy Hollow's Code of Ordinances establishes a standardized set of definitions that govern how terms are interpreted and applied throughout Part 3 of Chapter 245. These definitions cover a wide range of concepts—from physical building components like basements and cellars to operational terms like 'operator,' 'occupant,' and 'owner'—ensuring consistent meaning across the entire regulatory framework. By anchoring these terms in one place, the provision shapes how every other rule in Part 3 is read and enforced.
Plain English — not legal advice.
Property owners and operators subject to Part 3 of Chapter 245 should familiarize themselves with the definitions set out in § 245-68, as these terms carry specific legal meanings that may differ from everyday usage. For example, the distinction between 'basement' and 'cellar' turns on precise measurements relative to grade, which can affect how a space is classified and what standards apply to it. Compliant operators generally ensure that their buildings, records, and communications use these defined terms consistently, particularly when interacting with the Department of Building or an Enforcement Officer.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in Sleepy Hollow residential buildings benefit from understanding the definitions in § 245-68, since terms like 'dwelling unit,' 'habitable space,' 'occupant,' and 'permissible occupancy' directly shape what protections and standards apply to their homes. For instance, the definition of 'habitable space' determines which rooms must meet certain livability requirements, while 'infestation' and 'extermination' definitions inform what remediation a building operator may be obligated to address. Tenants who believe conditions in their unit may implicate these defined terms can raise concerns with the Department of Building or consult 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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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