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§ 151.004  SCOPE; JURISDICTION.
   The provisions of this chapter shall apply to all existing nonresidential buildings and premises and to all nonresidential buildings and premises hereafter constructed within the town limits as now or hereafter established.
(Ord. passed 1-13-1998)
§ 151.005  GENERAL DEFINITIONS AND INTERPRETATIONS.
   (A)   Unless specifically defined in § 151.006, words used in the Nonresidential Building Maintenance Standards shall have their respective customary dictionary definitions.
   (B)   For the purpose of these regulations, certain words, terms or phrases used herein are interpreted and defined as follows.
      (1)   Words used in the present tense shall include the future tense.
      (2)   Words used in the singular shall include the plural and words used in the plural shall include the singular.
      (3)   The words “shall” and “will” always indicate mandatory. The words “should” and “may” always indicate optional.
      (4)   The word “lot” includes the words “plot” and/or “parcel.”
      (5)   The word “building” includes the word “structure.”
      (6)   The word “person” includes a “firm, association, organization, partnership, trust, company, corporation and/or individual.”
      (7)   The word “use” includes the terms “arranged, designed and/or intended” for a use, activity and/or purpose.
      (8)   The term “Board of Adjustment” shall always indicate the Board of Adjustment of the Town of Walnut Cove, North Carolina as created and appointed by the Board of Commissioners of said town.
      (9)   The term “Board of Commissioners” shall always indicate the Board of Commissioners of the Town of Walnut Cove, North Carolina.
(Ord. passed 1-13-1998)
§ 151.006  SPECIFIC DEFINITIONS AND INTERPRETATIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUILDING. Any covered structure intended for shelter, housing or enclosure of persons, animals, facilities, equipment or chattels; the term BUILDING shall be construed to include the term structure; furthermore, it shall be construed as if followed by the term “or part thereof.”
   BUILDING, ACCESSORY. A detached subordinate building located on a lot, parcel or tract whose use is incidental to that of the principal building. A building cannot be considered accessory unless it accompanies a principal building on the same lot, parcel or tract.
   BUILDING, PRINCIPAL. A building in which the principal use of the lot, parcel or tract is conducted.
   BUILDING CODE. The North Carolina State Building Code.
   DETERIORATION. The condition of a building or part thereof, characterized by holes, breaks, rot, crumbling, rusting, peeling paint or other evidence of physical decay or loss of structural integrity.
   FIRE HAZARD. Any thing or act which increases, or may cause an increase of, the hazard, likelihood or menace of fire to a greater degree than reasonable for the conduct of the nonresidential use on the premises, or which may unreasonably obstruct, delay or hinder, or may unreasonably become the cause of an obstruction, a delay, a hazard or an unreasonable hindrance to the prevention, suppression or extinguishment of fire. See also NUISANCE.
   GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
   INFESTATION. The haunting or overrunning by rats, snakes, birds, insects or other destructive vermin or animals that endanger the public health and safety.
   NONRESIDENTIAL BUILDING MAINTENANCE STANDARDS INSPECTOR. The person delegated as such by the Town Manager. (Hereinafter referred to as “the Inspector.”)
   NUISANCE:
      (1)   Any public nuisance known as common law or in equity jurisprudence, or as provided by the statutes of the state, or the ordinances of the town;
      (2)   Any condition including an ATTRACTIVE NUISANCE which may prove detrimental to human health or safety whether in a building, on the premises of a building, or part of a building or upon an occupied lot;
      (3)   Physical conditions dangerous to human life or detrimental to health of persons in, on or near the premises where the condition exists;
      (4)   Unsanitary conditions or conditions that are dangerous to public health, well-being or the general welfare; or
      (5)   Fire hazards or other safety hazards.
   OCCUPANT. Any person who has charge, care or control of a nonresidential building and/or premises or a part thereof, whether with or without the knowledge and consent of the owner, or any person, individually or jointly, entitled to possession regardless of whether the building and/or premises are actually occupied or not.
   OWNER. The holder of the title in fee simple and every mortgagee of record of a property.
   PHYSICAL VALUATION. The estimated cost to replace a building in kind.
   PLUMBING. All of the following supplies, facilities and equipment: gas pipes; gas burning equipment; water pipes; water heaters; garbage disposal units; waste pipes; water closets; sinks; installed dishwashers; lavatories; bathtubs; shower bath; installed clothes washing machines; catch basins; vents; and other similar fixtures, together with all connections to water, sewer or gas lines, and water pipes and lines utilized in conjunction with HVAC equipment.
   PREMISES. A lot, plot or parcel of land including the buildings or structures thereon, under control by the same owner or occupant, devoted to or zoned for nonresidential use.
   PUBLIC SANITARY SEWER. Any sanitary sewer owned, operated and maintained by the town and available for public use for the disposal of sewage.
   RUBBISH. Combustible and non-combustible waste materials, except garbage and ashes, including, but not limited to, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust.
   SEWAGE. Waste from a flush toilet, bathtub, sink, lavatory, dishwashing or laundry machine, or water carried waste from any other fixture, equipment or machine.
   STRUCTURALLY SOUND. Substantially free from flaw, defect, decay or deterioration to the extent that such structure or structural member is capable of adequately or safely accomplishing the purpose for which it was intended or designed.
   STRUCTURE. Anything constructed or erected which requires location on the ground. Refer to the definition of BUILDING herein.
   SUPPLIED. Paid for, furnished or provided by, or under control of, the owner or occupant.
(Ord. passed 1-13-1998)
§ 151.007  CONFLICT WITH OTHER PROVISIONS.
   In the event any provision, standard or requirement of this chapter is found to be in conflict with any provision of any other ordinance or code of the town, the provision which establishes the higher standard or more stringent requirement for the promotion and protection of the health and safety of the residents of the jurisdiction shall prevail. The North Carolina Building Code, current edition, shall serve as the standard for all alterations, repairs, additions, removals, demolitions and other acts of building made or required pursuant to this chapter.
(Ord. passed 1-13-1998)
§ 151.008  AMENDMENTS.
   The Board of Commissioners may, from time to time amend, supplement or change the provisions and requirements of this chapter. Any such amendment shall be by ordinance of the Board of Commissioners.
(Ord. passed 1-13-1998)
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