2006 New York Code - Definitions

 
    §  4.  Definitions. Certain words and terms when used in this chapter,
  unless the context or subject matter requires otherwise, are defined  as
  follows:
    1. Wherever the word or words "occupied," "is occupied," "used" or "is
  used"  appear,  such  word or words shall be construed as if followed by
  the words "or is intended, arranged or designed to be used or occupied."
    2. The word "shall" is always mandatory.
    3. The term "department" shall mean the department,  bureau,  division
  or other agency charged with the enforcement of this chapter.
    4.  A "dwelling" is any building or structure or portion thereof which
  is occupied in whole or in part as the home, residence or sleeping place
  of one or more human beings.
    5. A "family" is either a person occupying a dwelling and  maintaining
  a  household,  with  not more than four boarders, roomers or lodgers, or
  two  or  more  persons  occupying  a  dwelling,  living   together   and
  maintaining  a  common  household,  with  not  more  than four boarders,
  roomers or lodgers.  A "boarder," "roomer" or "lodger" residing  with  a
  family  shall  mean  a  person  living  within  the household who pays a
  consideration for such residence and does not occupy such  space  within
  the household as an incident of employment therein.
    6.  A  "private  dwelling"  is  any building or structure designed and
  occupied exclusively  for  residence  purposes  by  not  more  than  two
  families.
    A  building  designed  for and occupied exclusively by one family is a
  "single-family private dwelling."
    A building designed for and occupied exclusively by two families is  a
  "two-family private dwelling."
    Private  dwellings  shall  also  be  deemed  to  include  a  series of
  one-family or two-family dwelling  units  each  of  which  faces  or  is
  accessible  to  a legal street or public thoroughfare provided that each
  such dwelling unit is equipped as a  separate  dwelling  unit  with  all
  essential services, and also provided that each such unit is arranged so
  that it may be approved as a legal one-family or two-family dwelling.
    7. A "multiple dwelling" is a dwelling which is either rented, leased,
  let  or  hired  out,  to be occupied, or is occupied as the residence or
  home of three or more families living independently of  each  other.  On
  and after July first, nineteen hundred fifty-five, a "multiple dwelling"
  shall  also include residential quarters for members or personnel of any
  hospital staff which are not located in any building used primarily  for
  hospital  use  provided,  however,  that any building which was erected,
  altered or converted prior to July first, nineteen  hundred  fifty-five,
  to  be  occupied  by such members or personnel or is so occupied on such
  date shall not be subject to the requirements of this  chapter  only  so
  long  as  it  continues  to be so occupied provided there are local laws
  applicable to such building and such building is in compliance with such
  local laws. A "multiple dwelling" shall  not  be  deemed  to  include  a
  hospital,  convent,  monastery,  asylum  or  public  institution,  or  a
  fireproof building used wholly for commercial purposes  except  for  not
  more  than  one  janitor's  apartment  and  not  more than one penthouse
  occupied by not more than two families. For the purposes of this chapter
  "multiple dwellings" are divided into two classes: "class A" and  "class
  B."
    8.  a.  A  "class A" multiple dwelling is a multiple dwelling which is
  occupied, as a rule, for permanent residence purposes. This class  shall
  include tenements, flat houses, maisonette apartments, apartment houses,
  apartment   hotels,   bachelor  apartments,  studio  apartments,  duplex
  apartments,  kitchenette  apartments,  garden-type  maisonette  dwelling
  projects,  and  all  other  multiple  dwellings  except class B multiple
  dwellings.
    b.  A  "garden-type  maisonette  dwelling  project"  is  a  series  of
  attached, detached or semi-detached dwelling units which are provided as
  a group collectively with  all  essential  services  such  as,  but  not
  limited  to,  water supply and house sewers, and which units are located
  on a site or plot not less than twenty  thousand  square  feet  in  area
  under common ownership and erected under plans filed with the department
  on  or  after  April  eighteenth, nineteen hundred fifty-four, and which
  units together and in  their  aggregate  are  arranged  or  designed  to
  provide three or more apartments.
    9.  A  "class  B"  multiple  dwelling  is a multiple dwelling which is
  occupied, as a rule transiently, as the more or less temporary abode  of
  individuals or families who are lodged with or without meals. This class
  shall  include  hotels, lodging houses, rooming houses, boarding houses,
  boarding schools, furnished room houses, lodgings, club houses,  college
  and  school  dormitories and dwellings designed as private dwellings but
  occupied by one or two families with five or  more  transient  boarders,
  roomers or lodgers in one household.
    10.  A  "converted  dwelling"  is  a dwelling (a) erected before April
  eighteenth, nineteen hundred twenty-nine, to be occupied by one  or  two
  families living independently of each other and subsequently occupied as
  a  multiple  dwelling, or (b) a dwelling three stories or less in height
  erected after April eighteenth,  nineteen  hundred  twenty-nine,  to  be
  occupied  by  one or two families living independently of each other and
  subsequently occupied by not more than three families  in  all,  with  a
  maximum  occupancy of two families on each floor in a two story building
  and one family on each floor in a three story  building,  in  compliance
  with  the  provisions  of article six of this chapter, including section
  one hundred seventy-a of said article. A converted dwelling occupied  as
  a class A multiple dwelling is a class A converted dwelling; every other
  converted dwelling is a class B converted dwelling.
    11.  A "tenement" is any building or structure or any portion thereof,
  erected before April eighteenth, nineteen hundred twenty-nine, which  is
  occupied,  wholly or in part, as the residence of three families or more
  living independently of each other and  doing  their  cooking  upon  the
  premises,  and  includes  apartment  houses,  flat  houses and all other
  houses so erected and occupied, except that  a  tenement  shall  not  be
  deemed  to  include  any  converted dwelling. An "old-law tenement" is a
  tenement existing  before  April  twelfth,  nineteen  hundred  one,  and
  recorded  as  such  in  the department before April eighteenth, nineteen
  hundred twenty-nine, except that it shall not be deemed to  include  any
  converted dwelling.
    12. A "hotel" is an inn having thirty or more sleeping rooms.
    13.  A  "rooming  house"  or  a  "furnished  room house" is a multiple
  dwelling, other than a hotel, having less than thirty sleeping rooms and
  in which persons either individually or as families are housed for  hire
  or  otherwise  with  or  without  meals.  An  inn  with less than thirty
  sleeping rooms is a rooming house.
    14. A "lodging house" is a multiple dwelling, other than  a  hotel,  a
  rooming house or a furnished room house, in which persons are housed for
  hire  for  a  single  night, or for less than a week at one time, or any
  part of which is let for any person to sleep in for any term less than a
  week.
    15. An "apartment" is that part of a multiple dwelling  consisting  of
  one  or  more  rooms containing at least one bathroom and arranged to be
  occupied by the members of a family, which room or rooms  are  separated
  and set apart from all other rooms within a multiple dwelling.
    16.  "Single room occupancy" is the occupancy by one or two persons of
  a single room, or of two  or  more  rooms  which  are  joined  together,
  separated  from  all  other  rooms  within  an  apartment  in a multiple
  dwelling, so that the occupant or occupants  thereof  reside  separately
  and  independently  of  the  other  occupant  or  occupants  of the same
  apartment. When a class A multiple dwelling is used wholly  or  in  part
  for single room occupancy, it remains a class A multiple dwelling.
    17.  A  "public  hall"  is  a  hall,  corridor  or passageway within a
  building but outside of all apartments and suites of  private  rooms.  A
  "public  vestibule"  is  a corridor, not within an apartment or suite of
  private rooms, providing access to a stair or  elevator  and  not  wider
  than seven feet nor longer than twice the width of the stair or elevator
  shafts  opening  upon it. A "public room" or "public part" of a dwelling
  is a space used in common by the occupants of two or more apartments  or
  rooms,  or by persons who are not tenants, or exclusively for mechanical
  equipment of such dwelling or for storage purposes.
    18. A "living room" is a room which  is  not  a  public  hall,  public
  vestibule,  public  room  or other public part of a dwelling. Every room
  used for sleeping purposes shall be deemed a living  room.  Dining  bays
  and  dinettes  fifty-five  square  feet  or  less in floor area, foyers,
  water-closet compartments, bathrooms, cooking spaces  less  than  eighty
  square  feet  in  area,  and  halls,  corridors and passageways entirely
  within an apartment or suite of rooms shall not be deemed living  rooms.
  "Floor  space"  shall  mean the clear area of the floor contained within
  the partitions or walls  enclosing  any  room,  space,  foyer,  hall  or
  passageways of any dwelling.
    19.  A "dining bay," "dining recess" or "dinette" is a recess used for
  dining purposes off a living room, foyer or kitchen.
    20. A "foyer" is a space within an apartment or suite of rooms used as
  an entrance hall directly from a public hall.
    21. A "dormitory" in a lodging house is any place  used  for  sleeping
  purposes.  A  "cubicle"  is  a  small  partially enclosed sleeping space
  within a dormitory with or without a window to the outer air.
    22. "Premises" shall mean land and improvements  or  appurtenances  or
  any part thereof.
    23. "Structure" shall mean a building or construction of any kind.
    24.  "Alteration,"  as  applied to a building or structure, shall mean
  any change or rearrangement in the structural parts  or  in  the  egress
  facilities  of  any  such  building  or  structure,  or  any enlargement
  thereof, whether by extension on any side or by any increase in  height,
  or  the  moving  of  such  building  or  structure  from one location or
  position to another.
    25. A "fireproof multiple dwelling" is one  in  which  the  walls  and
  other  structural  members  are of incombustible materials or assemblies
  meeting all of the requirements of the building code and  with  standard
  fire-resistive  ratings  of  not  less than one of the following sets of
  requirements:
    a. For any multiple dwelling more than one  hundred  feet  in  height,
  four  hours  for  fire  walls,  party  walls,  piers,  columns, interior
  structural members which carry walls, girders carrying columns, and  for
  exterior  walls  other  than panel walls; three hours for other girders,
  fire partitions, floors including their beams and girders, beams, roofs,
  floor fillings, and stairway enclosures;  and  two  hours  for  exterior
  panel walls.
    b.  For  any multiple dwelling one hundred feet or less in height, the
  provisions of preceding paragraph a shall apply, except that the minimum
  requirements shall be three hours for exterior walls  other  than  panel
  walls,  which  shall  be two hours; two hours for protection of interior
  columns; one and one-half hours for roofs  and  for  floors  and  beams;
  provided, however, that for a multiple dwelling three stories or less in
  height, the requirement for all floors and the roof shall be one hour.
    26. The term "fireproof," as applied to a part or parts of a building,
  means  such  part  or  parts  are  made  of incombustible materials with
  standard fire-resistive ratings not less than  those  required  for  the
  corresponding part or parts of a fireproof dwelling.
    27.  A  "non-fireproof  dwelling"  is  one  which  does  not  meet the
  requirements for a fireproof dwelling.
    28. A "frame dwelling" is a dwelling of which the  exterior  walls  or
  any  structural  parts of such walls are of wood. A dwelling which would
  not otherwise be a frame dwelling shall not be deemed a  frame  dwelling
  by  reason  of  the  existence  on  such dwelling of frame oriel, bay or
  dormer windows, frame porches not more than  one  story  in  height,  or
  frame extensions not more than one story in height and fifty-nine square
  feet  in  area if such windows, porches or extensions were erected prior
  to April thirteenth, nineteen hundred forty.
    29. The term "fire-retarded," as applied to  a  part  or  parts  of  a
  building,  means  such  part or parts are either covered with metal lath
  plastered with two or  more  coats  of  mortar  or  otherwise  protected
  against  fire  in  a manner approved by the department with materials of
  standard fire-resistive ratings of at least one hour. Fireproofing shall
  always be accepted as meeting any requirement for fire-retarding.
    30. "Fire-stopping" means the closing of all concealed draft  openings
  to  form  an  effectual  fire barrier at floors, ceilings and roofs with
  brick, concrete, gypsum, asbestos, mineral wool, rock wool,  metal  lath
  with   cement   or  gypsum  plaster,  or  other  approved  incombustible
  materials.
    31. A "lot" is a parcel or plot of ground which is or may be  occupied
  wholly  or  in  part  by  a  dwelling,  including the spaces occupied by
  accessory or other structures and any open or unoccupied spaces thereon,
  but not including any part of an abutting public street or thoroughfare.
    a. A "corner lot" is a lot of which at least two adjacent  sides  abut
  for  their full length upon streets or public places not less than forty
  feet in width. That portion of a corner lot in  excess  of  one  hundred
  feet  from  any  street  on  which  the lot abuts shall be considered an
  interior lot.
    An "interior lot" is a lot which is neither a corner lot nor a through
  lot.
    b. The "front" of a lot is that  boundary  line  which  abuts  on  the
  street,  or,  if  there  be more than one street abutting, on the street
  designated by the owner. The "rear" of a lot is the  side  opposite  the
  front.
    c.  The  "depth" of a lot is the distance from the front of the lot to
  the extreme rear line of the lot. In the case of an irregular-shaped lot
  the mean depth shall be taken.
    d. A "through lot" is a lot running  through  from  street  to  street
  whose front and rear lines abut for their entire lengths upon streets or
  open  public  places;  provided, however, that when either of said lines
  exceeds the other in length by more than twenty per centum, that part of
  the lot contiguous to the excess length of  the  longer  line  shall  be
  deemed  an  interior lot. The department may designate which part of the
  longer  line  is  the  excess  in  length  and   make   any   reasonable
  interpretation  of  the  part of the lot to be regarded as contiguous to
  such excess.
    e. Lots or portions of lots shall be deemed "back to back"  when  they
  are on opposite sides of the same part of a rear line common to both and
  the opposite street lines on which the lots front are parallel with each
  other  or  make  an  angle  with  each other of not more than forty-five
  degrees.
    32.  A  "rear  yard"  is an open space on the same lot with a dwelling
  between the extreme rear line of the lot and the extreme  rear  wall  of
  the  dwelling.  A "side yard" is a continuous open space on the same lot
  with a dwelling between the wall of a dwelling and a  line  of  the  lot
  from  the  street  to a rear yard or rear line of a lot. A "court" is an
  open space other than a side  or  rear  yard,  on  the  same  lot  as  a
  dwelling.  A court not extending to the street or rear yard is an "inner
  court". A court extending to the  street  or  rear  yard  is  an  "outer
  court".
    32-a.  "A  rear yard equivalent" is an open area which may be required
  on a through lot as an alternative to a required rear yard.
    33. The "curb level", for the purpose of measuring the height  of  any
  portion  of  a  building,  is the level of the curb at the center of the
  front of the building; except that where a building faces on  more  than
  one  street, the curb level is the average of the levels of the curbs at
  the center of each front. Where no curb elevation has  been  established
  the average elevation of the final grade adjoining all exterior walls of
  a  building,  calculated from grade elevations taken at intervals of ten
  feet around the exterior walls of the building, shall be considered  the
  curb  level, unless the city engineer shall establish such curb level or
  its equivalent.
    34. A "street wall" of a building, at any level, is the  wall  of  the
  building nearest to a street line abutting the property.
    35.  a.  The  "height" of a dwelling is the vertical distance from the
  curb level to the level of the highest point of the roof  beams;  except
  that, in the case of pitched roofs, it is the vertical distance from the
  curb  level  to  the  mean  height  level of the gable or roof above the
  vertical street wall. When  no  roof  beams  exist  or  when  there  are
  structures  wholly or partly above the roof, the height shall, except as
  otherwise expressly provided, be measured from the  curb  level  to  the
  level  of  the  highest  point  of any such structure; except that where
  every part of the building is set back more than twenty-five feet from a
  street line, the  height  shall  be  measured  from  the  average  grade
  elevation  calculated from the final grade elevations taken at intervals
  of ten feet around the exterior walls of the building.
    b. Except as otherwise provided in section  two  hundred  eleven,  the
  following superstructure shall not be considered in measuring the height
  of  a  dwelling;  parapet walls or guard railings, other superstructures
  twelve feet or less in height and occupying fifteen per centum  or  less
  of  the  area  of  the  roof, elevator enclosures thirty feet or less in
  height used solely for elevator purposes, enclosures fifty feet or  less
  in  height  used  solely  for  tanks, cooling towers or other mechanical
  equipment; and, when  approved  by  the  department,  pergolas,  spires,
  chimneys, other ornamental treatments, roof gardens and playgrounds.
    c.  When  on  the main roof of any fireproof multiple dwelling erected
  after April eighteenth, nineteen hundred twenty-nine, in  which  one  or
  more  passenger  elevators are operated, a penthouse dwelling is erected
  the height of which does not exceed twelve feet and the walls  of  which
  are  set back as provided in this paragraph, the height of such multiple
  dwelling shall be measured as though no such penthouse had been  erected
  thereon.  Such  penthouse walls shall be set back from the outer face of
  the front parapet wall at least five feet, from the outer  face  of  the
  yard  parapet  wall  at least ten feet, and from the inner face of every
  other parapet wall at least three  feet;  except  that  the  setback  so
  required  from  any  parapet  wall  facing  any  court or yard or recess
  therefrom but not facing any street may be reduced  one-third  for  each
  ten  per  centum  by  which  the  area of such court or yard exceeds the
  required minimum area thereof at the highest level of such parapet wall,
  and the setback so required from any parapet wall facing any street  may
  be  reduced  one  foot  for each foot that such parapet wall is set back
  from the building line established by law at the highest level  of  such
  parapet  wall,  provided  that in the opinion of the department safe and
  sufficient passage is provided to and from every part of the main  roof.
  Any penthouse wall which may be flush with the inner face of any parapet
  wall may be flush with the outer face thereof.
    d.  If  a  rear  multiple  dwelling is erected after April eighteenth,
  nineteen hundred twenty-nine, on  the  same  lot  as  a  front  multiple
  dwelling,  and  the  depth of the yard of the front multiple dwelling is
  more than sixty feet and the lowest point of such yard is below the curb
  level and below the floor of a cellar of the front multiple dwelling  or
  of  the  lowest  story  thereof if there is no cellar, the height of the
  rear multiple dwelling shall be measured from such lowest point  instead
  of from the curb level.
    36.  A  "story" is a space between the level of one finished floor and
  the level of the next higher finished floor, or, if the  top  story,  of
  the space between the level of the highest finished floor and the top of
  the highest roof beams, or, if the first story, of the space between the
  level  of the finished floor and the finished ceiling immediately above.
  For the purpose of measuring height by  stories  in  multiple  dwellings
  erected  after  April  eighteenth,  nineteen  hundred  twenty-nine,  one
  additional story shall be added for each twelve feet or fraction thereof
  that the first story exceeds fifteen feet in height, and for each twelve
  feet or fraction thereof that any story above the  first  story  exceeds
  twelve feet in height.
    37.  A  "cellar"  in  a dwelling is an enclosed space having more than
  one-half of its height below the curb level;  except  that  where  every
  part  of  the  building  is  set  back more than twenty-five feet from a
  street line, the height shall  be  measured  from  the  adjoining  grade
  elevations  calculated from final grade elevations taken at intervals of
  ten feet around the exterior walls of the building. A cellar  shall  not
  be counted as a story.
    38.  A "basement" is a story partly below the curb level but having at
  least one-half of its height above the curb  level;  except  that  where
  every part of the building is set back more than twenty-five feet from a
  street  line,  the  height  shall  be  measured from the adjoining grade
  elevations calculated from final grade elevations taken at intervals  of
  ten  feet around the exterior walls of the building. A basement shall be
  counted as  a  story  in  determining  height,  except  as  provided  in
  paragraph e of subdivision six of section one hundred two.
    39.  A  "section" of a multiple dwelling is a part thereof, other than
  an apartment or suite of rooms, separated as a unit  from  the  rest  of
  such dwelling by fireproof construction.
    40.  A  "shaft"  is  an  enclosed  space extending through one or more
  stories of a building connecting a series of openings  therein,  or  any
  story or stories and the roof, and includes exterior and interior shafts
  whether for air, light, elevator, dumbwaiter or any other purpose.
    41.  A  "stair"  is  a  flight  or  flights of steps together with any
  landings and parts of public halls through which it is necessary to pass
  in going from one level thereof to another.
    42. a. A "fire-tower" is a  fireproof  stair,  enclosed  in  fireproof
  walls, without access to the building from which it affords egress other
  than by a fireproof self-closing door opening on a communicating balcony
  or other outside platform at each floor level.
    b.  A  "fire-stair" is a fireproof stair, enclosed in fireproof walls,
  within the body of the building which it serves, to which access may  be
  had only through self-closing fireproof doors.
    c.  A  "fire-escape"  is a combination of outside balconies and stairs
  providing an unobstructed means of egress from  rooms  or  spaces  in  a
  building.
    d.  A  "panel  wall"  is  a  non-bearing wall in skeleton construction
  erected between columns or piers and wholly supported at each story.
    43. Window dimensions shall always be taken between stop-beads or,  if
  there  are  no  stop-beads, between the sides, head and sill of the sash
  opening.
    44. The term "owner" shall mean and include the owner or owners of the
  freehold of the premises or lesser estate therein, a mortgagee or vendee
  in possession, assignee of rents, receiver, executor,  trustee,  lessee,
  agent,  or any other person, firm or corporation, directly or indirectly
  in control of a dwelling. Whenever a multiple dwelling shall  have  been
  declared  a  public  nuisance  to  any extent pursuant to paragraph b of
  subdivision one of section three hundred nine of this chapter  and  such
  declaration  shall have been filed as therein provided, the term "owner"
  shall be deemed to include, in addition to those mentioned  hereinabove,
  all  the officers, directors and persons having an interest in more than
  ten per cent of the issued and outstanding stock of the owner as  herein
  defined,  as  holder  or  beneficial  owner  thereof, if such owner be a
  corporation other than a banking organization as defined in section  two
  of  the  banking  law, a national banking association, a federal savings
  and loan association, The Mortgage Facilities Corporation, Savings Banks
  Life Insurance Fund, The Savings Banks Retirement System, an  authorized
  insurer as defined in section one hundred seven of the insurance law, or
  a  trust  company  or other corporation organized under the laws of this
  state all the capital stock of which is owned by at least twenty savings
  banks or a subsidiary corporation all of the capital stock of  which  is
  owned by such trust company or other corporation.