(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ALTERATION." As applied to a building, means any change or modification in construction exit facilities, building equipment, or permanent fixtures which does not include an addition to the building.
"APPROVED." Approved by the Building Inspector.
"BASEMENT." A portion of a building which is located partly underground, having direct access to light and air from windows located above the level of the adjoining ground.
"BUILDING." Any structure built or used for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. The term "BUILDING" shall be construed as if followed by the words "or part thereof".
"CELLAR." A portion of a building located partly or wholly underground having an inadequate access to light and air from windows located partly or wholly below the level of the adjoining ground.
"DETERIORATED." That a dwelling is unfit for human habitation and can be repaired, altered, or improved to comply with all the minimum standards established by this chapter, at a cost not in excess of 50% of its value, as determined by findings of the Inspector.
"DILAPIDATED." That a dwelling is unfit for human habitation and cannot be repaired, altered, or improved to comply with all the minimum standards established by this chapter at a cost not in excess of 50% of its value, as determined by findings of the Inspector.
"DWELLING." Any building which is wholly used or intended to be used for living or sleeping by human occupants whether or not such building is occupied or vacant; provided that temporary housing as hereinafter defined shall not be regarded as a dwelling.
"DWELLING UNITS." 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 whether or not such unit is occupied or vacant.
"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 other recognized and legal pest elimination methods approved by the Inspector.
"FAMILY." One or more persons living together, whether related to each other by birth or not, and having common housekeeping facilities.
"FLOOR AREA." The total area of all habitable rooms in a building/structure.
"GARBAGE." The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
"HABITABLE ROOM." A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, heater rooms, foyers or communicating corridors, closets and storage spaces.
"INFESTATION." The presence, within or around a dwelling, of any insects, rodents, or other pests in such numbers as to constitute a menace to the health, safety, or welfare of the occupants or to the public.
"INSPECTOR." A Building Inspector of the town or other person charged with the administration and enforcement of this chapter or his duly authorized representative. An inspector shall be considered a "public officer" as defined hereinafter.
"MANUFACTURED HOME OR MOBILE HOME." A structure as defined in G.S. § 143-145(7).
"MULTIPLE DWELLING." Any dwelling containing more than two dwelling units.
"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.
"OCCUPANCY." The purpose for which a building is used or intended to be used. Change of occupancy is not intended to include change of tenants or proprietors.
"OPENABLE AREA." That 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.
"OWNER." The holder of the title in fee simple and every mortgagee of record.
"PARTIES IN INTEREST." All individuals, associations, and corporations who have interests of record in a dwelling or any who are in possession thereof; or shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, 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 chapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
"PERSON." Any individual, firm, corporation, association, or partnership.
"PLUMBING." The labor, 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 public or private water-supply system, within or adjacent to any building, structure, or conveyance; also the labor and material used in the installation, maintenance, extension, or alteration of storm water, liquid waste, or sewage, and water supply systems on any premises to their connection with any point of public disposal.
"PREMISES." A lot, plot, or parcel of land including the buildings or structures thereon.
"PUBLIC EASEMENT." As used in this code, means an unoccupied open space adjoining a building and on the same property, that is permanently maintained accessible to the Fire Department and free of all incumbrances that might interfere with its use by the Fire Department.
"REPAIR." The replacement of existing work with the same kind of material used in the existing work, not including additional work that would change the structural safety of the building, or that would affect or change required exit facilities, a vital element of an elevator, plumbing, gas piping, wiring or heating installations, or that would be a violation of a provision of law or ordinance. The term "REPAIR" or "REPAIRS" shall not apply to any change of construction.
"REQUIRED." Required by some provision of this code.
"RESIDENTIAL OCCUPANCY." Buildings in which a person or persons live or in which sleeping accommodations are provided. Such buildings include, among others, the following: dwellings, multiple dwellings, and lodging houses, and all dormitories.
"ROOMING HOUSE." Any dwelling, or that part of any dwelling containing one or more rooming unit, in which space is let by the owner or operator to three or more persons who are not members of the family of the owner or operator.
"ROOMING UNIT/RENTAL UNIT." 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.
"RUBBISH." Combustible and non-combustible waste materials except garbage, and the term shall include ashes, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust.
"STAIRWAY." One or more flights of stairs and the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one story to another in a building or structure.
"STORY." That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
"STRUCTURE." That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term "STRUCTURE" shall be construed as if followed by the words "or part thereof."
"SUPPLIED." Paid for, furnished, or provided by, or under control of the owner or operator.
"TEMPORARY HOUSING." Any trailer or other structure used for construction or display purposes.
"VENTILATION." The process of supplying and removing air by natural or mechanical means to or from any space.
"YARD." An open unoccupied space on the same lot with a building extending along the entire length of a street, or rear, or interior lot line.
(B) When the words "DWELLINGS", "DWELLING UNIT", "ROOMING HOUSE", "ROOMING UNIT", or "PREMISES" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof including land."
(Ord., passed 1-22-77; Am. Ord. 1845, passed 6-22-23)