For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ALTER or ALTERATION. Any change or modification in construction or occupancy.
APARTMENT. A room or a suite of rooms occupied, or which is intended or designed to be occupied, as the home or residence of one individual, family or household for housekeeping purposes.
APARTMENT HOUSE. See MULTIPLE DWELLING.
APPROVED. Approved by the Chief Code Enforcement Officer, 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 designed, arranged or built as to be used for business, storage or habitation.
BASEMENT. 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. Any structure built for the support, shelter or enclosure of persons which has enclosed walls of 50% of its perimeter. The term BUILDING shall be construed as if followed by the words “or part thereof”.
BUILDING CODE. Any editions, together with all adopted amendments and supplements thereto, of the State Building, Plumbing and Mechanical Codes and the State Uniform Residential Building Code, the National Electric Code and Residential Maintenance Code NFPA 73, or any other building rules or regulations adopted by the city relating to the construction, alteration, repair or removal of various types of buildings and structures.
CELLAR. A portion of a building located partly or wholly underground, having one-half or more of its clear floor-to-ceiling height (by cubic measurement) below the average grade of the adjoining ground, and having an inadequate access to light and air from windows located partly or wholly below the level of the adjoining ground.
CHIEF CODE ENFORCEMENT OFFICIAL/OFFICER. The person who has been designated, in writing, by the City Manager to enforce the provisions of this subchapter.
CODE ENFORCEMENT OFFICIAL/OFFICER. The employees of the Code Enforcement Division.
DETERIORATED. 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 physical value, as determined by the Code Enforcement Officer. Repair at a cost not in excess of 50% of the value is hereby deemed reasonable pursuant to G.S. § 160D-1203(3).
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, only at a cost in excess of 50% of its physical value, as determined by the Code Enforcement Officer.
DWELLING. Any building or structure, or portion thereof, which is used, or designed or intended to be used for human habitation including living, sleeping, cooking and eating, or any combination thereof, and includes accessory structures intended for human habitation.
DWELLING UNIT. Any room or group of rooms located within a dwelling, building or structure and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, eating and/or cooking. This includes any living arrangements, in hotels, motels, lodges and other similar establishments, where any individual, family or extended family resides in the same unit or complex for more than seven consecutive days within a 30-day period and the living arrangements constitute the principal residence of the occupant(s). A living arrangement shall not be considered a principal residence, regardless of length of stay, if it is the result of a temporary employment assignment.
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 or trapping; or by any other recognized and legal pest elimination method approved by the Inspections Superintendent.
FLOOR AREA. The area included within surrounded 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.
HABITABLE ROOM. A room used or intended to be used by one or more persons for living, eating or sleeping purposes, excluding bathrooms, water closet compartments, laundries, serving and storage pantries, corridors, cellars and spaces that are not used frequently or during extended periods.
HEATING. The definitions following under this division 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, hot water boilers and steam boilers operating at not in excess of 15 pounds of gauge pressure, used for heating of buildings or structures.
(2) CHIMNEY. A vertical shaft of masonry, reinforced concrete or other approved noncombustible, 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.
INFESTATION. The presence, within or around a dwelling, of any insects, rodents or other pests in such number as to constitute a menace to the health, safety or welfare of the occupants or the public.
MULTIPLE DWELLING. Any dwelling containing more than one dwelling unit.
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.
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 building, or part thereof, in which dwelling units or rooming units are let.
ORDINARY MINIMUM WINTER CONDITIONS. The temperature 20°F above the lowest recorded temperature for the previous 15-year period.
OWNER. Any person who jointly or severally:
(1) Has title or any interest in or to any dwelling or dwelling unit, without regard to actual possession; 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 under this division 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 above definition.
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, 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.
ROOMING HOUSE. Any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.
ROOMING UNIT. Any room or group of rooms forming a single habitable unit or intended to be used for living and sleeping, but not for cooking or eating purposes.
RUBBISH. Combustible and noncombustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, code 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 OR STRUCTURE. A dwelling, dwelling unit, multiple dwelling, apartment, apartment house or any other space used or intended to be used as a habitable living space in any building or structure which does not meet the basic minimum requirements of this subchapter for such use.
SUPPLIED. Paid for, furnished or provided by or under the control of the owner or operator.
UNFIT FOR HUMAN HABITATION. Conditions that exist in a dwelling which violate or do not comply with the minimum standards of fitness or one or more of the provisions established by this subchapter.
WALLS.
(1) BEARING WALL. A wall which supports any vertical load in addition to its own weight.
(2) EXTERIOR WALL. A wall, bearing or nonbearing, which is used as an enclosing wall for a building, but which is not necessarily suitable for use as a party wall or firewall.
(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.
(Code 2019, § 9-37)