Waverly, N.Y., Code of Ordinances ch. 93 (eCode360 ed. 2026) § 93-7

Definitions

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

Operative Text

Waverly, N.Y., Code of Ordinances ch. 93 (eCode360 ed. 2026) § 93-7
As used in this Part 1 , the following terms shall have the meanings indicated: 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: A. Offices for the building management. B. Dining rooms, banquet rooms, public kitchens and ballrooms. C. Recreation and play rooms. D. Laundries for the use of tenants and occupants and in connection with the management and operation of a residential building. E. Maintenance and work shops, storage rooms for linen, bedding, furniture, supplies and tenants' equipment and effects. F. Rooms or space for the incidental sale or display of merchandise to occupants and tenants, such as newspaper, candy and cigar stands. G. Garages within a residential building or on the premises thereof used primarily for the storage of passenger-type vehicles. APPROVED Approved by the administrative officer under the regulations of this Part 1 or approved by an authority designated by law or this Part 1 . 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 Enclosed space containing one or more bathtubs or showers, or both, and which may also contain water closets, lavatories or fixtures serving similar purposes. See definition of "toilet room." 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 finished grade of the ground adjoining the building. DWELLING, ONE-FAMILY A building containing not more than one dwelling unit occupied exclusively for residential purposes. DWELLING, TWO-FAMILY A building containing not more than two dwelling units occupied exclusively for residential purposes. DWELLING UNIT One or more rooms with provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one family. EXIT A way of departure from the interior of a building or structure to the exterior at the street or grade, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape. FAMILY Any number of individuals related by blood, marriage or adoption or not more than four persons who are not related living together as a single housekeeping unit, using rooms and housekeeping facilities in common and having such meals as they may eat at home generally prepared and eaten together. 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 Natural surface of the ground, or surface of the ground after completion of any change in contour, abutting a 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." See definitions of "nonhabitable space," "public space" and "exit." 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 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 multiple dwelling used primarily for the purpose of furnishing lodging, with or without meals, for compensation. 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. MULIPLE 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 clubhouse, dormitory or 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. F. See § 93-4 for certain multiple dwellings not within the scope of this Part 1 . MULTIPLE RESIDENCE See definition of "multiple dwelling." MUNICIPALITY The Village of Waverly. NONHABITABLE SPACE Space used as kitchenettes, pantries, bathrooms and 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." PLUMBING SYSTEM 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, such as lobbies, lounges, reception rooms, ballrooms, meeting rooms, lecture rooms and recreation rooms, banquet and dining rooms and their kitchens and swimming pools. SEWAGE Liquid waste containing animal or vegetable matter in suspension or solution, 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 Enclosed space, containing one or more water closets, which may also contain one or more lavatories, 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. 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 93-7 of Waverly, N.Y., Code of Ordinances ch. 93 establishes the foundational vocabulary used throughout Part 1 of the village's residential building code. It defines key terms—ranging from structural concepts like "basement," "cellar," and "exit" to occupancy categories like "dwelling unit," "multiple dwelling," and "lodging house"—so that all subsequent provisions in Part 1 are interpreted consistently. The definitions also draw important distinctions, such as the difference between habitable and nonhabitable space, and between a kitchen (60 square feet or more) and a kitchenette (less than 60 square feet).

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

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Waverly, N.Y., Code of Ordinances ch. 93 § 93-7 generally familiarize themselves with every defined term before applying any other provision in Part 1, since these definitions govern how the code is interpreted throughout. For example, correctly classifying a space as a "basement" versus a "cellar," or as "habitable space" versus "nonhabitable space," directly affects which standards apply to that area of a building. Operators of buildings with three or more units pay particular attention to the "multiple dwelling" definition, as that classification triggers a distinct set of regulatory obligations under Part 1.

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

For Tenants

Under Waverly, N.Y., Code of Ordinances ch. 93 § 93-7, the definitions set out in this section shape the rights and protections that apply to the space a tenant occupies—for instance, whether a room qualifies as "habitable space" or whether a building meets the definition of a "multiple dwelling" can determine which code standards a landlord must meet. Tenants who believe their unit or building has been misclassified, or that conditions fall short of what the code requires for their type of space, may raise those concerns with the village's administrative officer referenced in § 93-7. Tenant-rights organizations familiar with local housing codes can help residents understand how these definitions apply to their living situation.

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

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

Waverly Code § 93-53
Waverly Code § 93-4
Waverly Code § 93-4

Related Rules

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

Source Information

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