§ 231-12. Definitions.

A. 

General.

(1) 

Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meanings shown.

(2) 

Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.

(3) 

Terms defined in other codes. Where terms are not defined in this chapter and are defined in the International Building Code, International Zoning Code, International Plumbing Code, International Mechanical Code, International Existing Building Code or the ICC Electrical Code, such terms have the meanings ascribed to them as in those codes.

(4) 

Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.

(5) 

Parts. Whenever the words "dwelling unit," "dwelling," "premises." "building," "rooming unit," "housekeeping unit" or "story" are stated in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

B. 

General definitions. As used in this chapter, the following terms shall have the meanings indicated:

APPROVED

Approved by the Housing Officer.

BASEMENT

That portion of a building which is partly or completely below grade.

BATHROOM

A room containing plumbing fixtures including a bathtub and/or shower.

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 chapter or any duly authorized representative.

CONDEMN

To adjudge unfit for occupancy.

DWELLING UNIT

A single unit providing complete, independent living facilities for one or more persons, including 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

Those portions of a building or structure which are exposed to public view or are visible from adjoining or adjacent lots, including all outside surfaces and appurtenances thereto, all fences and walls, and the open land space of any premises outside of any building or structure erected thereon.

EXTERMINATION

The control and elimination of insects, rodents 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

The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

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, rodents, vermin or other pests.

INOPERABLE MOTOR VEHICLE

A vehicle which cannot be driven upon the public streets for reasons 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, premises 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.

NUISANCE

Any public or private condition that would constitute a nuisance according to the statutes, laws and regulations of the State of New Jersey, its governmental agencies or the ordinances of the Borough of Wharton. Any physical condition existing in or on the exterior of any premises which is potentially dangerous, detrimental or hazardous to the life, health or safety of persons on, near or passing within the proximity of premises where said condition exists.

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 thereon.

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.

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 AND/OR REFUSE

All discarded, useless, unusable, unused or worthless solid waste matter or materials, combustible or noncombustible, including but not limited to garbage; trash; ashes; paper, paper goods and products; wrappings; cans, bottles, containers; yard clippings, garden waste; debris; junk; glass; boxes; crockery; wood; mineral matter; plastic; rubber; leather; furniture; household goods; appliances or parts thereof; bedding; scrap lumber; scrap metal; construction material; inoperable machinery or parts thereof; garden or farming implements; dead or rotting vegetation; tires; abandoned, inoperative or unusable automobiles and vehicles or their components; and solid commercial or industrial waste.

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.

TENANT

A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

TOILET ROOM

A room containing a water closet or urinal 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 on the same lot with a structure.