For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED OR SUBSTANDARD BUILDING. Any structure, residential or nonresidential, found to be in violation of this subchapter except an involuntary vacancy as defined herein.
ALTER OR ALTERATION. Any change or modification in construction.
APPROVED. Approved by the Housing Inspector or other authority having jurisdiction.
AREA (BUILDING). The maximum horizontally projected area of the building at or above grade, exclusive of court and vent shafts.
AREA (GROSS FLOOR). The area within the inside perimeter of the exterior walls with no deduction for corridors, stairs, closets, thickness of walls, columns or other features, exclusive of court and vent shafts.
AREA (NET FLOOR). The area actually occupied not including accessory unoccupied areas such as corridors, stairs, closets, thickness of walls, columns, toilet room, mechanical area or other features.
BASEMENT. A story of a building or structure having 1/2 or more of its clear height below grade.
BOARD. The Building Appeals Board.
BUILDING. Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for 50% or more of its perimeter. The term BUILDING shall be construed as if followed by the words "or part thereof." For the purpose of this subchapter, each portion of a building separated from other portions by a fire wall shall be considered as a separate building. For the purpose of area and height limitations, this definition shall be applicable to sheds and open sheds.
CELLAR. That portion of a building, the ceiling of which is entirely below grade or less than 4 feet 6 inches above grade.
CERTIFIED. Certified or confirmed by the Codes Enforcement Officer or his or her designee.
CODES ENFORCEMENT OFFICER OR HIS OR HER DESIGNEE. The Fairmont Codes Enforcement Officer or his or her designee.
DETERIORATED. A structure that can be repaired, altered or improved to comply with all the minimum standards established by this subchapter at a reasonable cost in relation to the value of the structure.
DILAPIDATED. A structure that cannot be repaired, altered or improved to comply with all the minimum standards established by this subchapter, at a reasonable cost in relation to the value of the structure.
EXTERMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, fumigating, trapping or by other recognized and legal pest elimination methods approved by the Housing Inspector.
GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
HEARING OFFICER. The Codes Enforcement Officer or other inspector or person charged with conducting hearings, including administering oaths and affirmations, examining witnesses, receiving evidence, making findings of fact and issuing orders as provided in the requirements of this subchapter. Reference to one title herein shall also mean the other.
HOUSING INSPECTOR. The town employee designated as the Codes Enforcement Officer.
INFESTATION. The presence, within or around a dwelling, of any insects, rodents or other pests in such numbers as to constitute a menace to the health, safety or welfare of the occupants or to the public.
INVOLUNTARY VACANCY. An unoccupied building, residential or nonresidential, structurally damaged as a result of fire, wind or other perils, through no fault of the owner, for which an insurance claim has been filed, if insured; provided that said vacancy shall not exceed 180 days from the date that such damage occurred, after which said structure will be deemed an abandoned building as defined herein.
OCCUPANCY. The purpose for which a building, or part thereof, is used or intended to be used.
OPENABLE AREA. That 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 building, or part thereof, in which dwelling units or rooming units are let.
OWNER. Any person, agent, firm or corporation having a legal or equitable interest in the property.
PARTIES IN INTEREST. All individuals, associations and corporations that have interests of record in a structure or any that are in possession thereof; or shall have charge, care or control of any structure as owner or agent of the owner, or as executor, executrix, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this subchapter, and rules and regulations adopted pursuant thereto, to the same extent as if he or she were the owner.
PERSON. Any individual, firm, corporation, association or partnership, or any other legal entity.
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 public or private water supply system, 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 sewerage and water supply systems of any premises to their connection with any point of public disposal, or other acceptable terminal.
PREMISES. A lot, plot or parcel of land including the building or structure thereon and any appurtenances thereto.
RUBBISH. Combustible and noncombustible waste materials except garbage, and the term shall include, but not be limited to, ashes, paper, rags, cartons, boxes, wood, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust.
STAIRWAY. One or more flights of stairs and the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one story to another in a building or structure.
STORY. That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. The basement of a building shall be considered a story if it is used for purposes other than storage or heating.
STRUCTURE. That which is built or constructed.
SUPPLIED. Paid for, furnished or provided by, or under control of the owner or operator.
VENTILATION. The process of supplying and removing air by natural or mechanical means to or from any space.
YARD. An open, unoccupied space on the same lot with a building extending along the entire length of a street or rear or interior lot line.
(Ord. 09-119, passed 5-19-2009)