For the purposes of this Housing Code, certain abbreviations, terms, phrases, words, and their derivatives shall be construed as set forth in this section; and 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. Whenever the words APARTMENT, APARTMENT HOUSE, DWELLING, DWELLING UNIT, ROOMING HOUSE, ROOMING UNIT, or PREMISES, STRUCTURE are used in the Housing Code, they shall be construed as though they were followed by the words OR ANY PART THEREOF.
ABANDONED HOUSE. To leave unoccupied, without electrical service or connection to a potable water supply or approved septic or sewer service, or in any condition that would fall render any other subchapter regulating the public safety and welfare pertaining to an unsafe property. A property left empty but properly maintained to the standard of fitness dictated under §§ 151.105 through 151.126 shall not be deemed ABANDONED.
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 designated 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 Housing Inspector or his or her authorized agent.
AREA. As applied to the dimensions of a building, means 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. 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, animals, chattels or property of any kind.
BUILDING CODE. Any edition, together with all adopted amendments and supplements thereto, of the state’s Building Code or of the state’s 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 building and structures.
BUILDING, EXISTING. A building erected prior to the adoption of this Housing Code, or one for which a legal building permit has been issued.
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.
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 value, as determined by the Housing Inspector. 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 this subchapter only at a cost in excess of 50% of its value, as determined by the Housing Inspector.
DWELLING. Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided that temporary housing as hereinafter defined shall not be regarded as a DWELLING.
DWELLING UNIT. Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used, or intended to be used, for living, sleeping, cooking, and eating.
EXISTING BUILDING. See BUILDING, EXISTING.
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 any other recognized and legal pest elimination method approved by the Housing Inspector.
FLOOR AREA. The area included within 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.
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 paragraph shall apply to heating installations.
(1) CENTRAL HEATING BOILERS AND FURNACES. 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.
HOUSING INSPECTOR. The public officer authorized to exercise the powers of the Housing Code, and such designation includes his or her duly authorized representative.
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 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 definition shall be bound to comply with the provisions of the Housing Code to the same extent as though he or she were an OWNER under the definition of division (1) above.
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.
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, 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 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 Housing Code for such use.
SUPPLIED. Paid for, furnished, or provided by or under the control of the owner or operator.
TEMPORARY HOUSING. Any tent, trailer, or other structure used for human shelter which is designed to be transportable, and which is not attached to the ground, to another structure or to any utilities system on the same premises for 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 or one or more of the provisions established by this Housing 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 nonbearing, which is used as an enclosing wall for a building, but which is not necessarily suitable for use as a party 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, § 9-2097)