(a) The following definitions shall apply in the interpretation and enforcement of this Housing Code.
(1) "Accessory structure" means a detached structure located on or partially on any premises which is not used or not intended to be used for living or sleeping.
(2) "Approved" means approved by the Director of Health and Environment and/or the Medical Officer in accordance with rules and regulations established hereunder.
(3) "Basement" means a space with a floor level two feet or more below adjoining ground, but having less than half its clear height below adjoining ground. A basement shall be deemed a story when the ceiling is more than four feet six inches above adjoining ground.
(4) "Bath" means a bathtub or shower stall.
(5) "Bedroom" means a habitable room within a dwelling unit which is used or intended to be used primarily for the purpose of sleeping but shall not include any kitchen or dining room.
(6) "Branch circuit" means that portion of a wiring system that extends beyond the final overcurrent device (fuse or circuit breaker) protecting the circuit. A "general purpose branch circuit" supplies electrical energy to a number of outlets for lighting and appliances. An "appliance circuit" supplies energy to one or more outlets to which appliances are to be connected; such circuits shall not have permanently connected lighting fixtures not a part of an appliance.
(Ord. 688-91. Passed 9-3-91.)
(7) "Building Official" means the Commissioner referenced in Section 1303.01(b).
(Ord. 38-95. Passed 1-24-95.)
(8) "Cellar" means a space having half or more than half of its clear height below adjoining ground.
(9) "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 gas fuel.
(Ord. 688-91. Passed 9-3-91.)
(10) "Commissioner" means the Director of Neighborhoods.
(Ord. 38-95. Passed 1-24-95.)
(11) "Dormitory" means a room in any dwelling used for sleeping purposes by four or more unrelated persons.
(12) "Dwelling" means any enclosed space which is wholly or partly used or intended to be used for living, sleeping, cooking and eating by human occupants, except for mobile homes located in a properly designated mobile home park or trailer court provided that temporary housing as hereinafter defined shall not be regarded as a dwelling.
(13) "Dwelling unit" means 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 or eating.
(14) "Exposed wiring" (as applied to wiring method) means wiring not rendered inaccessible by the structure or finish of the building.
A. "Exposed wiring" (as applied to live parts) means that a live part can be inadvertently touched or approached nearer than a safe distance by a person. This term is applied to parts not suitably guarded, isolated or insulated.
B. "Readily exposed" wiring is capable of being reached quickly without requiring persons to climb stairs, climb over or remove obstacles or to resort to portable ladders, chairs, etc.
C. "Romex or nonmetallic sheathed cable" shall not be considered to be exposed wiring within existing residential structures.
D. "Knob and tube" wiring shall be considered to be readily exposed when installed in basements. Such a condition shall be remedied by requiring the installation of conduit or other approved metal raceway. However, knob and tube wiring in attics not containing any habitable rooms shall not be considered "readily exposed" and, if the insulation is in good condition, will not require the installation of conduit or other metal raceway.
E. "Convenience outlet" means duplex outlet except in bathrooms where a single receptacle shall be acceptable.
(15) "Extermination" means the control and elimination of insects, rodents or other pests by removing or making inacces-sible materials that may serve as their food; by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination methods approved by the Director of Health and Environment and/or the Medical Officer and eliminating their harborage places.
(16) "Family" means one adult person plus one or more persons who are legally related to such person and residing in the same dwelling unit with such person.
(17) "Flush water closet" (toilet) means a bowl with a water seal trap made in one piece which is of such shape and form and which holds a sufficient quantity of water so that no human wastes will collect on the surface of the bowl and which is equipped with flushing rims which permit the bowl to be properly flushed and secured when water is discharged through the flushing rims. Such toilet bowls shall have a smooth, easily cleanable surface.
(18) "Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking, serving and nonconsumption of food.
(19) "Grade" means the top surface elevation of lawns, walks, drives or other improved surfaces after completion of construction or grading operations.
(20) "Guest" means any person who shares a dwelling unit in a nonpermanent status for not more than thirty days.
(21) "Habitable room" means a room not in a cellar, except as provided in Section 1745.11 (a), designed to be used for living, sleeping, eating or cooking, excluding bathrooms, lavatories, closets, halls, storage, utility rooms and similar spaces.
(22) "Heated water" means water heated to a temperature of not less than 120 degrees Fahrenheit at the source of use.
(23) "Infestation" means the presence, within or around a dwelling, of any insects, rodents or other pests.
(24) "Kitchen" means a room designed or used primarily for the preparation of and cooking of food and having an area of not less than sixty square feet.
(25) "Kitchenette" means an area designed or used as a kitchen but having a floor area less than sixty square feet.
(26) "Lead based paint" means any paint containing more lead than the safe level standard established for residential paint and paint products by the United States Consumer Product Safety Commission.
(27) "Multiple dwelling" means any dwelling containing more than two dwelling units and/or rooming units.
(28) "Occupant" means any person over two years of age, living, sleeping, cooking or eating in, or actually having possession of a dwelling unit or a rooming unit; except that in dwelling units a guest will not be considered an occupant.
(29) "Operator" means any person who has charge, care, control or management of a multiple dwelling or part thereof, in which dwelling units or rooming units are let.
(30) "Owner" means any person who, alone or jointly or severally with others:
A. Has legal or equitable title to any dwelling or dwelling unit with or without accompanying actual possession thereof except for mortgagees and vendors under land contract, or
B. Has charge, care of or control of any dwelling or dwelling unit as owner or agent of the owner including but not limited to trustee, guardian of the estate of the owner, or executor, executrix, administrator or administratrix who with approval of the probate court has assumed the responsibility of management. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Housing Code and the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
(31) "Permissible occupancy" means the maximum number of persons permitted by this regulation to reside in a dwelling unit or rooming unit.
(32) "Person" means any individual, firm, corporation, association or partnership, or governmental agency.
(33) "Plumbing" means 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 supplied fixtures, together with all connections to water, sanitary sewer or gas lines.
(34) "Premises" means a platted lot or part thereof or unplatted lot or parcel of land or plot of land either occupied or unoccupied by any dwelling or nondwelling structure and includes any such building, accessory structure or other structure thereon.
(35) "Privacy" means the condition wherein a person has the ability to carry out an activity commenced, without interruption or interference, either by sight or sound, of unwanted persons.
(36) "Roomer" means an occupant of a rooming or dwelling unit who is not family or the owner.
(37) "Rooming house" means any dwelling, or that part of any dwelling containing three or more rooming units, in which space is let by the owner or operator for living or sleeping, but not for cooking or eating purposes.
(38) "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 or eating purposes.
(39) "Rubbish" means combustible and noncombustible waste materials except garbage, and "rubbish" includes 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.
(40) "Safety" means the condition of being free from danger and hazards which may cause accidents or disease.
(41) "Space heater" means a self-contained heating appliance of either the circulating type or the radiant type properly vented and intended primarily to heat one or more rooms.
(42) "Systematic inspection" means the inspection of all dwellings, dwelling units and premises within the City or subarea of the City as designated by the Director of Health and Environment and/or the Medical Officer for the purposes of finding and eliminating violations in accordance with the provisions of the Housing Code.
(43) "Temporary housing" means any tent, trailer, mobile home or any 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 utility system on the same premises for more than thirty- one consecutive days.
(44) "Landlord" means the owner, lessor or sublessor of a dwelling or dwelling unit which is rented out or leased to others for living purposes. In addition, "landlord" includes any person authorized to exercise any aspect of the management of the premises, including any person who, directly or indirectly, receives rents or any part thereof, and any person held out by the owner as the appropriate party to accept performance.
(45) "Tenant" means any person who occupies or possesses a dwelling or dwelling unit for living purposes with the owner's or landlord's consent.
(b) Meaning of Certain Words. Whenever the words "dwelling", "dwelling unit", "rooming house", "rooming unit", "premises", "hotel", "motel", "structure" are used in this Housing Code, they shall be construed as though they were followed by the words "or any part thereof." Words in the singular include the plural and the plural, the singular. The masculine gender includes the feminine and the feminine, the masculine gender.
(Ord. 688-91. Passed 9-3-91.)