For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DUAL RESIDENTIAL UNIT STRUCTURE. Any structure or unit which is insurable as a permanent dwelling, and used or intended by the nature of its design and construction to be used as a two- (separate) family dwelling by persons for living or sleeping quarters, and having only two units within such structure, but shall not include unit structures intended primarily for transient lodging, including without limitation, hotels, motels, rest homes and hospital rooms. Such structure shall include, but not be limited to, duplexes.
FACTORY BUILT HOME. Modular homes, mobile homes, house trailers and manufactured homes.
FIRE CHIEF. The City of Elkins Fire Chief.
FIRE DEPARTMENT. The paid Fire Department of the City of Elkins and all firefighters serving as volunteers within said Department.
FIRE PROTECTION SERVICES. Specifically, and the scope of the services contemplated as being provided by the City Fire Department and charged for through the fire protection service fee program described in this subchapter; including, but are not limited to: response to fires; motor vehicle accidents; entrapment; extrication; high-angle rescue; gas leaks; downed power lines; arcing electrical equipment; aircraft standby; lock-outs; smoke removal; animal rescue; public service; and/or unauthorized burning.
MULTIPLE-FAMILY RESIDENTIAL UNIT STRUCTURE. A residential unit structure having more than two-family dwellings or units within such structure. Such structure shall include, but not be limited to, apartment buildings, condominiums, townhouses or boarding houses. Such structure shall exclude hotels, motels, tourist homes and the like.
NONRESIDENTIAL UNIT STRUCTURE. All other buildings not included within the definitions of residential unit structure. Such structures shall include, but not be limited to, all commercial establishments, schools, churches, government buildings and the like. If a structure has multiple uses such as residential and commercial, it will be classified as a NONRESIDENTIAL UNIT.
OWNER. The owner of record of any tract or parcel of real estate, as reflected by the records maintained in the office of the Clerk of the County Commission of Randolph County but may also include the grantee or transferee of any interest in any real estate by unrecorded deed, or by an owner-financed sale evidenced by written agreement, such as a “land contract”; provided that the parties to any such transaction are required to notify the Treasurer as to which party to any such transaction shall be responsible to pay any fire service fees due and payable pursuant to this subchapter.
RESIDENTIAL UNIT STRUCTURE.
(1) Any structure or unit which is insurable as a permanent dwelling and used or intended by the nature of its design and construction to be used as a single-family dwelling by persons for living or sleeping quarters, but shall not include unit structures intended primarily for transient lodging, including without limitation, hotels, motels, rest homes and hospital rooms.
(2) It shall also not include cabins, camps or other structures that are:
(a) Intended by the nature of their design and construction for occasional, seasonal use;
(b) Actually used in a manner that is nonremunerative to the owner; and
(c) Assessed by the County Assessor at a value less than $25,000.
SQUARE FOOTAGE. All space within a building including all attics, basements and garages attached or detached, and all utility buildings upon the premises of the property owner shall be included in as part of the total SQUARE FOOTAGE in determining the fire protection service assessment provided for in this subchapter. SQUARE FOOTAGE shall be fixed and determined by the City Collector and Treasurer, and in fixing and determining SQUARE FOOTAGE, the City Collector and Treasurer may make, or cause to be made, such reports, investigations, surveys and measurements as be requisite and, as an said, may consult the SQUARE FOOTAGE records maintained by the State Tax Department and the Assessor of the county.
TOTAL SQUARE FEET. The sum as measured by the exterior dimensions of each structure on a lot multiplied by the number of stories, also including enclosed porches, finished basements, garden centers, finished attics, detached garages utility buildings and car washes with roofs. The following shall not be included in the calculation of total square footage: canopies for banks, hotels, gas stations and retail stores.
TREASURER. The City of Elkins Treasurer.
(Ord. 049, passed 7-6-2006; Ord. 178, passed 6-19-2014; Ord. 195, passed 7-2-2015; Ord. 203, passed 10-8-2015; Ord. 208, passed 3-17-2016)