1492.01 DEFINITIONS.
   Certain words and phrases as used in this Chapter 1492 are defined as set forth in this Section 1492.01.
   (a)   “Approved” means approved by the Building Commissioner, or by any other person or board designated to give approval to the matter in question, pursuant to this Housing Code or any other section of the Codified Ordinances which so specifies.
   (b)   “Basement” means a portion of a building partly or entirely underground whose ceiling or under part of the floor above is four feet or less above the average finished ground elevation. The “average finished ground elevation” is the mean elevation of the finished grade around the entire exterior of the building.
   (c)   “Bathroom” means a separate room which contains toilet and lavatory facilities and contains tub and/or shower facilities.
   (d)   “Building Commissioner” means the individual appointed by the Mayor and charged with enforcing the provisions of the Building and Housing Code, including the authorized agent of such Building Commissioner.
   (e)   “Communal kitchen” means a kitchen which is used by the residents of more than one dwelling unit or by the residents of a lodging house or cooperative dwelling house, as such terms are defined in the Zoning Code.
   (f)   “Double house” means a detached dwelling arranged, intended or designed to be occupied by two families only, living side by side with a party wall between.
   (g)   “Dwelling” means a building intended or designed to be occupied by not more than two families living separately and independently of each other.
   (h)   “Dwelling structure” means a building or structure used or designed or intended to be used, all or in part, for residential purposes.
   (i)   “Dwelling unit” means a group of rooms arranged, maintained or designed to be occupied by a single family and consisting of a complete bathroom with toilet, lavatory and tub or shower facilities; one and only one complete kitchen or kitchenette with approved cooking, refrigeration and sink facilities; approved living and sleeping facilities. All of these facilities shall be in contiguous rooms and used exclusively by such family and by any authorized persons occupying such dwelling unit with the family. The words “dwelling unit”, “apartment” and “suite” shall be considered synonymous.
   (j)   “Family” means one individual or a number of individuals related by blood, adoption or marriage to the head of the household or to the spouse of the head of the household, and/or other relationships as provided hereinafter living as a single housekeeping unit in a single dwelling unit. A “single housekeeping group” exists where the group of individuals shares expenses and labor related to the maintenance of the dwelling unit and are living and eating together as a household. Notwithstanding the provisions of this definition, no family unit shall exceed in total number those persons permitted under the applicable provisions of the Housing Code describing required habitable floor and bedroom areas for each occupant.
   (k)   “Foundation” means construction primarily below grade which provides support for exterior walls or other structural parts of a building.
   (l)   “Habitable floor area” means the floor area in any habitable room in any dwelling structure or multiple dwelling, which floor area is required to be contained within such dwelling structure or multiple dwelling, or part thereof, in order to meet the minimum standards as found in Section 1492.03.
   (m)   “Habitable room” means a room or enclosed floor space used or intended to be used for living, sleeping or eating purposes, including kitchens containing eating space separate from the cooking areas, but excluding the following: kitchens, bathrooms, toilet rooms, laundries, pantries, dressing rooms, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms and basement recreation rooms.
   (n)   “Kitchen” means a separate room containing a kitchen facility and having as its primary purpose the preparation of food.
   (o)   “Kitchen facility” means a room or section of a room containing a kitchen sink, a refrigerator and a cooking unit.
   (p)   “Kitchen sink” means a sink, located in a kitchen facility and designed and used primarily for cleaning food and food preparation utensils.
   (q)   “Lavatory sink” means a sink, usually located in a bathroom, designed and used primarily for personal cleanliness.
   (r)   “Mechanical room” means a room, other than a habitable room, containing a furnace, hot water tank, boiler, or other hydronic equipment.
   (s)   “Multiple dwelling” means a building or portion thereof designed for occupancy by three or more families living independently of each other.
   (t)   “Nonusable” means having no apparent usefulness either to the construction or maintenance of a dwelling, or to the occupants therein, but not describing a junk motor vehicle.
   (u)   “Occupant” means a person over one year of age living, sleeping, cooking or eating in or having actual possession of a dwelling unit or a room.
   (v)   “Operable window” means an a window which is not painted, nailed or in any other manner prevented from being raised or lowered and which has sash cords or other mechanical devices capable of maintaining any opened window in the opened position. A window without such devices which, nonetheless, remains in an open position shall not be considered operable.
   (w)   “Operator” means a person who has charge, care or control of a dwelling structure.
   (x)   “Owner” means the owner of the premises, or one of the owners of the premises if owned by more than one person, including the holder of title thereto subject to contract of purchase, a vendee in possession, a mortgagee or receiver in possession, a lessee or joint lessees of the whole thereof, or an agent or any other person, firm, corporation or fiduciary directly in control of the premises.
   (y)   “Person” means any person, firm, partnership, association, corporation, company or organization or association of persons of any kind.
   (z)   “Premises” means a lot, parcel or plot of land including the buildings or structures thereon.
   (aa)   “Sanitary facilities” means those fixtures contained in bathrooms or kitchen facilities, together with the service and disposal systems necessary to proper use of such fixtures.
   (bb)   “Secondary or appurtenant structure” means a structure, the use of which is incidental or accessory to that of the main building and which is attached to the main building or located on the same premises with it.
   (cc)   “Single-family dwelling” means a building having a single dwelling unit, and designed or arranged for use by a single family.
   (dd)   “Sink” means a fixture other than a toilet or bathtub for supplying, holding and disposing of water.
   (ee)   “Supply or supplied” means paid for, furnished, provided by or under the control of the owner or operator.
   (ff)   “Two-family dwelling” means a detached dwelling arranged, intended or designed to be occupied by two families only, one of which has its principal living rooms on the first floor and the other of which has its principal living rooms on the second floor.
   (gg)   “Utility room” means a room, other than a habitable room, containing laundry facilities or heating equipment.
(Ord. 2008-157. Passed 8-13-08.)