For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense include the future, words in the masculine gender include the feminine and neuter, words in the feminine and neuter gender include the masculine, and the singular number includes the plural and the plural number includes the singular.
ALTER or ALTERATION. Any change or modification in construction or occupancy.
APPROVED. Approved by the Housing Inspector or his or her authorized agent.
AREA. As applied to the dimensions of a building, the maximum horizontal projected area of the building at grade. See FLOOR AREA.
ATTIC STORY. Any story situated wholly or partly in the roof, so designated, arranged or built as to be used for business, storage, or habitation.
BASEMENT OR CELLAR. A portion of a building located partly underground but having more than one-half of its clear floor-to-ceiling height (by cubic measurement) above the average grade of the adjoining ground, and having direct access to light and air from windows located above the level of the adjoining ground.
BUILDING CODE. Any edition, together with all adopted amendments and supplements thereto, of the State Building Code or of the State Uniform Residential Building Code, or any other building rules or regulations adopted by the town relating to the construction, alteration, repair or removal of various types of buildings and structures.
DETERIORATED OR DILAPIDATED. A dwelling which is unfit for human habitation and can be repaired, altered, or improved to comply with all of the minimum standards established by this subchapter, at a cost not in excess of 50% of its value,
as determined by the Housing Inspector pursuant to G.S. § 160D-1203(3) and 150.43(B).
DILAPIDATED. A dwelling which is unfit for human habitation and can be repaired, altered or improved to comply with this subchapter only at a cost in excess of 50% of its value, as determined by the Housing Inspector pursuant to G.S. § 160D-1203(3) and 150.43 (B).
DWELLING. Any unit, multiple unit, apartment(s), building, structure, manufactured home, or mobile home, or part thereof, used and occupied to be used for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. For the purposes of G.S. Chapter 160D, Article 12 and this Code, the term does not include recreational vehicle, if used solely for a seasonal vacation purpose pursuant to G.S. § 160D-102, nor any temporary shelter as hereinafter defined. Whenever the word DWELLING is used in the Code, it shall be construed as though it is followed by the words "or any part thereof".
EXTERMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places by removing or making fumigating, trapping or by any other recognized and legal pest elimination method approved by the Housing Inspector.
FLOOR AREA. The area included with surrounding walls of a building exclusive of vent shafts and courts.
GARBAGE. The animal and vegetable waste resulting from handling preparation, cooking and consumption of food or other matter subject to decomposition, decay, putrefaction, or the generation of noxious or offensive gases or odors, or which, may serve as breeding or feeding material for flies, insects, or animals.
HEATING. The following definitions shall apply to heating installations.
(1) CENTRAL HEATING BOILERS AND FURNACES. Heating furnaces and boilers shall include warm air furnaces, floor-mounted, direct-fired unit heaters or water boilers, and steam boilers operating at not in excess of 15 pounds of gauge pressure, used for heating of building or structures.
(2) CHIMNEY. A vertical shaft of masonry, reinforced concrete or other approved non-combustible, heat resisting material enclosing one or more flues, for the purpose of removing products of combustion from solid, liquid or gas fuel.
(3) FLUE. A vertical passageway for products of combustion.
(4) VENT PIPE. As applied to heating, means a pipe for removing products of combustion from gas appliances.
(5) WATER HEATER. A device for the heating and storage of water to be used for other than heating or industrial purposes.
HOUSING INSPECTOR. The public officer authorized to exercise the powers of the Code, and the designation includes his or her duly authorized representative.
INFESTATION. The presence, within or around a dwelling, of any insects, rodents or other pests in a number so as to constitute a menace to the health, safety or welfare of the occupants of the public.
OCCUPANT. Any person, over one year of age, living, sleeping, cooking or eating in or having actual possession of, a dwelling.
OPENABLE AREA. The part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR. Any person who has charge, care or control of a dwelling, or part thereof, in which the dwelling or part thereof are let.
ORDINARY MINIMUM WINTER CONDITIONS. The temperature for the previous 15-year period.
OWNER. Any person(s) who jointly or severally:
(1) Holds the title in fee simple and every mortgagee of record; or
(2) Has charge, care or control of any dwelling or dwelling unit, as owner or representative of the owner, or as a fiduciary of the estate of the owner. It is specifically noted that any person meeting the definition of OWNER shall be bound to comply with the provisions of the Code to the same extent as though he or she were an OWNER under the definition of division (1) above.
PARTIES IN INTEREST. All individuals, associations, and corporations that have interests of record in a dwelling and any that are in possession of a dwelling, pursuant to G.S. § 160D-1202.
PERSON. A natural person, his or her heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
PLUMBING. The practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system and the public or private water supply systems within or adjacent to any building, structure or conveyance; also the practice and materials used in the installation maintenance extension or alteration of storm water, liquid waste or sewage and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal.
PUBLIC AUTHORITY. Any housing authority or any officer that is in charge of any department or branch of the government of the town, relating to health, fire, building regulations, or other activities concerning dwellings in the local government.
PUBLIC OFFICER. The officer authorized by ordinances adopted under this subchapter to exercise the powers prescribed by the ordinances and by this subchapter.
RUBBISH. Combustible and non-combustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches yard trimmings, tin cans, metals, mineral matter, glass crockery and dust.
SUBSTANDARD DWELLING. A dwelling, which does not meet the basic minimum requirements of this Code for the use.
SUPPLIED. Paid for, furnished or provided by or under the control of the owner operator.
TEMPORARY SHELTER. Any tent, or other similar personal property used for human shelter which is designed to be a temporary shelter, and which is not attached to the ground, or another structure or to any utilities system on the same premises for not more than 30 consecutive days.
UNFIT FOR HUMAN HABITATION. Conditions exist in a dwelling which violate or do not comply with one or more of the minimum standards of fitness pursuant to G.S. § 160D-1205 or one or more of the requirements, standard and conditions established by this Code.
WALLS.
(1) BEARING WALL. A wall which supports any vertical load in addition to its own weight.
(2) EXTERIOR WALL. A wall, bearing or non-bearing, which is used as an enclosing wall for a building, but which is not necessarily suitable for use as a part wall or fire wall.
(3) FOUNDATION WALL. A wall below the first floor extending below the adjacent ground level and serving as support for a wall, pier, column or other structural part of a building.
(Prior Code, § HB-I-7) (Am. Ord. passed 10-11-2022)