The following definitions shall apply in the interpretation and enforcement of this Housing Code. For the purpose of this code, certain abbreviations, terms, phrases, words and their derivations shall be construed as specified in this section. Words used in the singular include the plural and the plural the singular. The words (shall) and (will) are mandatory, the word (may) is permissive. Where terms are not defined, they shall have their ordinarily accepted meaning or such as the context may imply.
(1) "Accessory building" means a detached building or structure in a secondary or subordinate capacity from the main or principal building or structure on the same premises.
(2) "Addition" means any construction that increases the size of the building.
(3) "Apartment" means a dwelling unit made up of a suite of rooms with sanitation facilities and with or without cooking facilities, occupied as the home or residence of a single family.
(4) "Appropriate authority" means that person within the governmental structure of the corporate unit who is charged with the administration of the appropriate code.
(5) "Approved" means passed upon favorably by the local authority having such administrative authority.
(6) "Ashes" means the residue from the burning of combustible materials.
(7) "Attic" means the space between the top of the ceiling framing of the top habitable story, or any flooring over such framing, and the roof framing and any walls constituting a part of the enclosure of such space.
(8) "Basement" means that portion of a building which is partly underground, and which has one half or more of its, ceiling height above the average finished grade of the ground adjoining the building.
(9) "Boarding or rooming house" means any dwelling occupied in any such manner that certain rooms in excess of those used by members of the family as hereinafter provided, and occupied as a home or family unit, are leased or rented to persons outside of the family, without any attempt to provide there or therewith cooking or kitchen accommodations.
(10) "Cellar" means the portion of the building wholly below, or with less than half of its ceiling height above the average finished grade of the ground adjoining the building. Not primarily designed as a living accommodation.
(11) "Chimney" means a vertical masonry shaft of 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 gaseous fuel.
(12) “Dwelling” means any building that was formerly used, is presently used, or is intended to be used, in whole or in part, for living or sleeping by human occupants.
(13) "Dwelling unit" means any room or group of rooms located within a dwelling and forming a single habitable unit which has facilities used or intended to be used for living, sleeping, cooking and eating.
(14) "Egress" means an arrangement of exit facilities to assure a safe means of exit from buildings.
(15) "Emergency" means any existing combination of circumstances and or conditions which presently or imminently calls for immediate action to protect the residents of the City of Salem from any condition dangerous to health, life, safety, morals or the general welfare.
(16) "Extermination" means 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 or by any other recognized and legal pest elimination methods approved by the County Board of Health.
(17) Repealed 06/06/00.
(18) "Flush water closet" means a toilet bowl flushed with water under pressure with a water sealed trap above floor level.
(19) "Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking, serving and nonconsumption of food.
(20) "Habitable room" means a room used or intended to be used for living, sleeping, cooking or eating, excluding bathrooms, water closet compartments, laundries, pantries, foyers or corridors, closets and storage spaces.
(21) "Hazardous waste" means any chemical, compound, mixture, substance or article which is designated by the USEPA or appropriate agency of the State to be "hazardous" as that term is defined by or pursuant to federal or State law.
(22) "Heated water" means water heated to a temperature not exceeding 120 F. at the outlet.
(23) “Housing Inspector(s)” means the Service Director, the Director of Environmental Health or his their authorized representative(s)who is charged with enforcing the provisions of the Housing Code.
(24) "Infestation" means the presence within or around a dwelling of any insects, rodents or other pests.
(25) "Kitchen" means any room containing any or all of the following equipment or an area of a room within three feet of such equipment; Sink, and/or other device for dishwashing; stove or other similar device for cooking food and a refrigerator or similar device for the safe storage of food; cabinets and/or shelves for storage of equipment and utensils; and counter or table for food preparation
(26) "Multiple dwelling" means any dwelling containing more than two dwelling units.
(27) "Occupant" means any individual, including an owner or operator living, sleeping, cooking or eating in or having possession of a dwelling unit or rooming unit; except that in dwelling units a guest shall not be considered an occupant.
(28) "Operator" means any person who has charge, care, control or management of a building, or part thereof, in which dwelling units or rooming units are let.
(29) “Ordinary summer conditions" means a temperature 10 F. below the highest recorded temperature in the locality for the prior ten year period.
(30) "Ordinary winter conditions" means a temperature 15 F. above the lowest recorded temperature in the locality for the prior ten year period.
(31) "Owner" means any person who, alone or jointly or severally with others:
A. Shall have legal title to any premise, dwelling, or dwelling unit, with or without accompanying actual possession thereof, or
B. Shall have charge, care or control of any premise, dwelling or dwelling unit, as owner or agent of the owner, or an executor, 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 regulation to the same extent as if he were the owner.
(32) "Person" means the state, any political subdivision, public or private corporation, partnership, firm, association, individual or other entity.
(33) "Plumbing" includes all of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplies fixtures, together with all connections installed or connected to water, sewer or gas lines.
(34) "Premises" means not only the dwelling and any other building of any kind or nature located on the lot, but also the entire parcel of land surrounding such buildings, including, but not limited to fences, walkways, walls and appurtenances.
(35) "Refuse" means all putrescible and nonputrescible solids (except body wastes) including garbage, rubbish, ashes and dead animals.
(36) "Rodent harborage" means any place rodents can live, nest or seek shelter.
(37) "Rodentproofing" means a form of construction which will prevent the ingress or egress of rodents to or from a given space or building, or gaining access to food, water or harborage. It consists of the closing and keeping closed of every opening in foundations, basements, cellars, exterior and interior walls, ground or first floors, roofs, sidewalk gratings, burrowing or other methods by use of materials impervious to rodent gnawing and other methods approved by the appropriate authority.
(38) “Rooming house” means any dwelling or that part of any dwelling containing one or more rooming units, in which space was formerly let or in which space is let by the owner or operator to three or more persons who are not closely related to the owner or operator by marriage, adoption or blood.
(39) "Rooming unit" means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking purposes.
(40) "Rubbish" means nonputrescible solid wastes (excluding ashes) consisting of either:
A. Combustible wastes, including but not limited to, paper, cardboard, plastic containers, yard clippings, clothing, petroleum products, and wood; or
B. Noncombustible wastes such as tin cans, glass and crockery.
(41) "Safety" means the condition of being reasonably free from danger and hazards which may cause accidents or disease.
(42) "Secure" means to close, lock, padlock or seal so as to prevent or prohibit the entrance of persons, animals and/or insects, rodents or other pests.
(43) "Structure" means that which is built or constructed; an edifice or building of any kind designed for habitation, shelter, storage, trade, manufacture, religion, government, business, education, and the like located within the jurisdiction of the City of Salem. Also means a structure or edifice enclosing a space within its walls, and usually, but not necessarily, covered with a roof.
(44) "Vacant" means empty or unoccupied by human occupants.
(45) “Yard area” means all of the area that extends from the exterior of the principal dwelling structure and extending to the edge of the property boundary upon which said principal dwelling exists. This area shall also include the area encompassed by exterior porches, decks and patios, whether covered or uncovered which are visible from the property boundary and not enclosed by four (4) walls.
(46) “Parking” means the standing of a vehicle, whether occupied or not, other than for the purpose of and while actually engaged in loading or unloading merchandise or passengers Ref. to Section 301.21
(47) “Rodent proof” means trash containers which will prevent ingress of rodents and other animals. Ref. to Section 1309.03
(37)
(48) "Trash" means, but is not limited to, weeds, leaves, vegetation, lumber (new and used), junk, dead organic material, debris, garbage, offal, rat harborage, rubbish, stagnant water, combustible materials, animal wastes, mattresses, rugs, new or old construction materials, vehicle parts, tools, toys, interior household furniture, or other household furnishings, interior plumbing fixtures, appliances, or other items customarily found or used on the interior of a home or similar materials.
(49) “Trash container” means any exterior receptacle in which garbage, trash, rubbish, waste, refuse or other materials are collected, held, stored or kept for the purpose of disposal or recycling. Trash containers are to be rodent proof, water tight, nonabsorbent and easily washable and are to be covered with tightly fitting lids and have handles. Trash containers commonly supplied by trash, garbage and rubbish pick up services and other similar containers will be acceptable. Ref to Section 1135.01
(36)
(50) “Yard” means an open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward except by trees or other natural cover. Ref. to Section 1135.01
(67)
(51) “Yard, front” means a yard across the full width of the lot extending from the front line of the main building to the front of the lot. Ref. To Section 1135.01
(68)
(52) “Yard, rear” means a yard extending the full width of the lot between a principal building and the rear lot line. Ref. to Section 1135.01
(69)
(53) “Yard, side” means a yard between the main building and the side line of the lot, and extending from the front yard line to the rear yard line. Ref. to Section 1135.01
(70).
(54) “Vehicles” means automobiles, trucks, campers, motor homes, trailers, recreational vehicle, boats or water craft.
(Ord. 210119-02. Passed 1-19-21.)