§ 150.002  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BASEMENT.  Portion of the building located partly underground, but having less than two-thirds of its clear floor-to-ceiling height below the average grade of the adjoining ground.
   BUILDING COMMISSIONER.  Building Commissioner of the town.
   BUILDING INSPECTOR.  Building Inspector of the county, and includes individuals employed by the Building Department or individuals that are authorized to represent the County Building Inspector.
   CELLAR.  Portion of a building located partly or wholly underground, and having two-thirds of its clear floor-to-ceiling height below the average grade of adjoining ground.
   CLASS 1 STRUCTURE.  Pursuant to I.C. 22-12-1-4 and as amended in HEA 1218 (Pub. L. No. 141-2003) Section 2 has the following definition:
      (1)   CLASS 1 STRUCTURE means any part of the following:
         (a)   A building or structure that is intended to be or is occupied or otherwise used in any part by any of the following:
            1.   The public;
            2.   Three or more tenants; and/or
            3.   One or more persons who act as the employee(s) of another.
         (b)   A site improvement affecting access by persons with physical disabilities to a building or structure described in division (1)(a) above; or
         (c)   Any class of buildings or structures that the Commission determines by rules to affect a building or structure described in division (1)(a) above, except buildings or structures described in divisions (2) through (6) below.
      (2)   Division (1)(a) includes a structure that contains three or more condominium units (as defined in I.C. 32-25-2-9) or other units that:
         (a)   Are intended to be or are used or leased by the owner of the unit; and
         (b)   Are not completely separated from each other by an unimproved space.
      (3)   Division (1)(a) does not include a building or structure that:
         (a)   Is intended to be or is used only for an agricultural purpose on the land where it is located; and
         (b)   Is not used for retail trade or is a stand used for retail sales of farm produce for eight or less consecutive months in a calendar year.
      (4)   Division (1)(a) does not include a Class 2 structure.
      (5)   Division (1)(a) does not include a vehicular bridge.
      (6)   Division (1)(a) does not include a structure that is intended to be or is occupied solely to provide periodic maintenance or repair of:
         (a)   The structure; or
         (b)   Mechanical or electrical equipment located within and affixed to the structure.
      (7)   Pursuant to I.C. 22-12-1-24, structure includes swimming pool.
   CLASS 2 STRUCTURE.  Pursuant to I.C. 22-12-1-5, has the following definition:
      (1)   CLASS 2 STRUCTURE means any part of the following:
         (a)   A building or structure that is intended to contain or contains only one dwelling unit or two dwelling units, unless any part of the building or structure is regularly used as a Class 1 structure; or
         (b)   An outbuilding for a structure described in division (1)(a) above, such as a garage, barn or family swimming pool, unless any part of the outbuilding is regularly used as a Class 1 structure.
      (2)   Division (1) does not include a vehicular bridge.
      (3)   Pursuant to I.C. 22-12-1-24, structure includes swimming pool.
   CONSTRUCTION.  Pursuant to I.C. 22-12-1 -7, means any of the following:
      (1)   Fabrication of any part of an industrialized building system or mobile structure for use at another site;
      (2)   Erection or assembly of any part of a Class 1 or Class 2 structure at the site where it will be used;
      (3)   Installation of any part of the permanent heating, ventilating, air conditioning, electrical, plumbing sanitary, emergency detection, emergency communication or fire or explosion suppression systems for a Class 1 or Class 2 structure at the site where it will be used;
      (4)   Work undertaken to alter, remodel, rehabilitate or add to any part of a Class 1 or Class 2 structure; and/or
      (5)   Work undertaken to relocate any part of a Class 1 or Class 2 structure, except a mobile structure.
   DWELLING.  Building designed and used exclusively as a dwelling unit or units.
   DWELLING UNIT.  One or more connecting rooms designed for occupancy by one family containing permanent cooking accommodations and/or private bath facilities.
   EXTERMINATION.  Control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible that which may serve as their food, by poisoning, spraying, fumigating, trapping or by other recognized and legal pest extermination methods.
   GARBAGE.  Animal and vegetable waste resulting from handling, preparation, cooking and consumption of food.
   HABITABLE ROOM.  Room of enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridor closets, storage spaces and utility rooms.
   INDUSTRIALIZED BUILDING SYSTEM.  Pursuant to I.C. 22-12-1-14, any part of a building or other structure that is in whole or in substantial part fabricated in an offsite manufacturing facility for installation or assembly at the building site as part of a Class 1 structure, a Class 2 structure or another building or structure. However, the term does not include a mobile structure or a system that is capable of inspection at the building site.
   INFESTATION.  The presence, within or around a dwelling, of any insects, rodents or other pests.
   MANUFACTURED HOME.  Pursuant to I.C. 22-12-1-16 and as amended by HEA 1218 (Pub. L. No. 141-2003) Section 8, has the meaning set forth in 42 U.S.C. § 5402 as it existed on January l, 2003. This definition is as follows: "Structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein; except that the terms shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under this 42 U.S.C. §§ 5401 et seq. and except that the term shall not include any self-propelled recreational vehicle."
   MOBILE STRUCTURE.  Pursuant to I.C. 22-12-1-17:
      (1)   Any part of a fabricated unit that is designed to be:
         (a)   Towed on its own chassis; and
         (b)   Connected to utilities for year-round occupancy or use as a Class 1 structure, a Class 2 structure or another structure.
      (2)   The term includes the following:
         (a)   Two or more components that can be retracted for towing purposes and subsequently expanded for additional capacity; and
         (b)   Two or more units that are separately towable but designed to be joined into one integral unit.
   MULTIPLE DWELLING.  Dwelling containing more than two dwelling units.
   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 building or part thereof, in which dwelling units or rooming units are let.
   OWNER.  Any person who, alone or jointly or severally with others:
      (1)   Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; provided, however, that whenever the dwelling or dwelling unit is subject to a conditional sale contract, lease with option to purchase or any other form of written contract under the terms of which any person is entitled to a conveyance of legal title upon payment of a specific sum, the term OWNER means the person who shall have the contractual right, in addition to the person having legal title; or
      (2)   Shall have charge, care or control of any dwelling or dwelling unit as executor, executrix, receiver or guardian of the owner. Any person thus representing the actual owner shall be bound to comply with the provisions of this chapter to the same extent as if he or she were the owner. Any person acting as agent of the owner shall not be construed to be an owner within the terms of this chapter, but shall be bound to notify the owner, by means of registered letter addressed to the owner at his or her last known address, of any order or notice issued by the Building Inspector relating to the property of the owner.
   PERSON.  Pursuant to I.C. 22-12-1-18, an individual, corporation, limited liability company, partnership, unincorporated association or governmental entity.
   PLUMBING.  All of the following, together with all connections to the water, sewer or gas line:
      (1)   Supplied facilities and equipment;
      (2)   Gas pipe;
      (3)   Gas burning equipment;
      (4)   Water pipes;
      (5)   Water closets;
      (6)   Sinks;
      (7)   Installed dishwashers;
      (8)   Lavatories;
      (9)   Bathtubs;
      (10)   Installed washing machines;
      (11)   Catch basins;
      (12)   Drains;
      (13)   Vents; and
      (14)   Any other similar supplied fixtures.
   RUBBISH.  Combustible and noncombustible waste materials, except garbage, including the residue from the burning of wood, coal, coke and other combustible materials, papers, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, leaves, tin cans, metals, mineral matter, glass, crockery and dust.
   STRUCTURE.  Both Class 1 and Class 2 structures, unless specifically stated otherwise.
   SUPPLIED.  Paid for, furnished or provided by or under the control of the owner or operator.
   TEMPORARY HOUSING.  Any tent, mobile home 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 utilities system on the same premises for more than 30 days.
   VEHICULAR BRIDGE.  Pursuant to I.C. 22-12-1-26, any bridge that is neither:
      (1)   A pedestrian walkway; nor
      (2)   A passageway for light vehicles suspended between two or more parts of a building or between two or more buildings.
(Ord. 09-002, passed 5-12-2009)