§ 48-22. Definitions
The following terms are defined for purposes of this chapter:
Appellant - One who appeals a judicial decision.
Approved - Approved refers to approval by the Code official as the result of investigation and
tests conducted by him or her, and/or by reason of accepted principles or tests by nationally
Basement. - That portion of a building which is partly or completely below grade.
Bathroom Group - A group of fixtures, including or excluding a bidet, consisting of a water
closet, lavatory, and bathtub or shower. Such fixtures are located on the same floor level.
Bedroom - Any room or space used or intended to be used for sleeping purposes.
Code Official - The official who is charged with the administration and enforcement of this
code, or any duly authorized representative.
Condemn - To judge unfit for occupancy.
Court - A space, open and unobstructed to the sky, located at or above grade level on a lot
bounded on three or more sides by walls or a building.
Dead Load - The weight of materials of construction incorporated into the building, including
but not limited to walls, floors, ceilings, stairways, built-in partitions, finishes, cladding, and
other similarly incorporated architectural and structural items, and fixed service equipment.
Department - The department responsible for the administration and enforcement of this Code.
Deteriorated - A dwelling unit that is unfit for human habitation and can be repaired, altered,
or improved to comply with all of the minimum standards established by this Chapter, at a cost
not in excess of 50 percent of its value, as determined by the findings of the Code official.
Dilapidated - A dwelling unit that is unfit for human habitation and can be repaired, altered, or
improved to comply with all of the minimum standards established by this Chapter, at a cost of
more than 50 percent of its value, as determined by the findings of the Code official.
Dwelling Unit - A single unit providing complete, independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Easement - That portion of land or property reserved for present or future use by a person or
agency other than the legal fee owner(s) of the property. The easement shall be permitted to be
for use under, on or above a said lot or lots.
Exterior Property- The open space on the premises and on adjoining property under the control
of owners or operators of such premises.
Extermination - The control and elimination of insects, rats or other pests by eliminating their
harborage places; by removing or making inaccessible, materials that serve as their food;
by poison spraying, fumigating, trapping or by any other approved pest elimination methods.
Garbage - All putrescible waste, including animal offal and carcasses, excluding sewage and
Guard - A building component or a system of building components located at or near the open
sides of elevated walking surfaces that minimizes the possibility of a fall from the walking
surface to a lower level.
Habitable Space - Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not
considered habitable spaces.
Housekeeping Unit - A room or group of rooms forming a single habitable space
equipped and intended to be used for living, sleeping, cooking and eating which does not
contain, within such a unit, a toilet, lavatory and bathtub or shower.
Imminent Danger - A condition which could cause serious or life-threatening injury or death
at any time.
Infestation - The presence, within or contiguous to, a structure or premises of insects, rats,
vermin or other pests.
Inoperable Motor Vehicle - A vehicle which cannot be driven upon the public streets for reason
including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or
incapable of being moved under its own power.
Labeled - Devices, equipment, appliances, or materials to which has been affixed a label,
seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection
agency or other organization concerned with product evaluation that maintains periodic
inspection of the production of the above-labeled items and by whose label the manufacturer
attests to compliance with applicable nationally recognized standards.
Let For Occupancy Or Let - To permit, provide or offer possession or occupancy of a dwelling,
dwelling unit, rooming unit, building, premise or structure by a person who is or is not the
legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or
pursuant to a recorded or unrecorded agreement of contract for the sale of land.
Live Load - Those loads produced by the use and occupancy of the building or other structure
and do not include construction or environmental loads such as wind load, snow load, rain
load, earthquake load, flood load or dead load.
Occupancy -The purpose for which a building or portion thereof is utilized or occupied.
Occupant - Any individual living or sleeping in a building, or having possession of a space
within a building.
Openable Area - That part of a window, skylight 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 structure or premises which is
let or offered for occupancy.
Owner - Any person, agent, operator, firm or corporation having a legal or equitable interest
in the property; or recorded in the official records of the state, county or municipality as
holding title to the property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator of the estate of
such person if ordered to take possession of real property by a court.
Person - An individual, corporation, partnership or any other group acting as a unit.
Premises - A lot, plot or parcel of land, easement or public way, including any structures
Public Nuisance - Any activity or failure to act that adversely affects the public and shall
include, but is not limited to, any condition which poses an immediate and direct hazard to
human health if left unheeded due to the existence of the condition itself or due to the
immediate threat of transmission of disease through insects, animals, or other means of
transmission or infections.
Public Way - Any street, alley or similar parcel of land essentially unobstructed from the ground
to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public
for public use and that has a clear width and height of not less than ten feet.
Putrescible - Solid waste capable of being decomposed by microorganisms including, but
not limited, to kitchen waste.
Rooming House - A building arranged or occupied for lodging, with or without meals, for
compensation and not occupied as a one- or two-family dwelling.
Rooming Unit - Any room or group of rooms forming a single habitable unit occupied or
intended to be occupied for sleeping or living, but not for cooking purposes.
Rubbish - Solid or liquid waste from residences.
Strict Liability Offense - An offense in which the prosecution in a legal proceeding is not
required to prove criminal intent as a part of its case. It is enough to prove that the defendant
either did an act which was prohibited, or failed to do an act which the defendant was legally
required to do.
Structure - That which is built or constructed or a portion thereof.
Telephonic Notice Notice given by means of telephone communication with the person being
given notice by the Code official, documented by the Code official in a manner similar to that
for telephone notice of a witness subpoenaed to testify by a Sheriff under the Rules of Civil
Tenant - A person, corporation, partnership or group, whether or not the legal owner of
occupying a building or portion thereof as a unit.
Toilet Room - A room including or excluding a bidet and or urinal, containing a water closet,
lavatory but not a bathtub or shower.
Ventilation - The natural or mechanical process of supplying conditioned or unconditioned air
to, or removing such air from, any space.
Workmanlike - Executed in a skilled manner; e.g., generally plumb, level, square, in line,
undamaged and without marring adjacent work.
Yard - An open space, other than a court, unobstructed from the ground to the sky, except
where specifically provided by this Code, on the lot on which a building is situated.