§ 14-261. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Apartment means a room or group of rooms in an apartment house designed for and occupied exclusively as a residence for only one family.

Apartment house means a building designed for and occupied exclusively by two or more families living independently of one another.

Basement means a portion of a building located partially underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.

Cellar means a portion of a building located partially or wholly underground, and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.

Dwelling means any building which is wholly or partially used, or intended to be used, for living or sleeping purposes by human occupants, provided that temporary housing, as defined in this section, shall not be regarded as a dwelling.

Dwelling unit means 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.

Extermination means the control and elimination of insects, rodents or other pests by eliminating their harborage places; removing or making inaccessible materials that may serve as their food; poisoning, spraying, fumigating or trapping; or any other recognized and legal pest elimination method approved by the board of health.

Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Habitable room means a room or enclosed floor space used, or intended to be used, for sleeping, cooking or eating purposes, excluding bathrooms, water closets, compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.

Hotel means every building or structure kept, used or maintained as, and advertised or held out to the public to be, an inn, hotel, motel, family hotel, apartment hotel, lodginghouse, dormitory, bed and breakfast or place where sleep or rooming accommodations are furnished for hire or are used or maintained for the accommodation of guests, lodgers or roomers.

Infestation means the presence, within or around a dwelling, of any insects, rodents or other pests.

Inspection certificate means the certificate issued by the office of the building commissioner, which documents that a dwelling unit has passed inspection and the owner is permitted to rent or lease the unit.

Inspection officers means the following persons, working separately or together, who shall enforce the provisions of this article:

(1)

Building commissioner or his designated officer;

(2)

Fire inspector (chief or his designated officer);

(3)

Electrical inspector or his designated officer.

Lead-based paint means any paint containing more lead than the level established by the U.S. Consumer Product Safety Commission as being the safe level in residential paint and paint products.

Multiple dwelling means any dwelling containing more than two dwelling units.

Occupant means any person, over one year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.

Operator means any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.

Owner means any person who, alone, jointly or severally with others, shall:

(1)

Have legal title to any dwelling or dwelling unit, whether or not they occupy the dwelling or dwelling unit;

(2)

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 article, and the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner; or

(3)

Be the purchaser under a land contract of any dwelling or dwelling unit, whether or not they occupy the dwelling or dwelling unit.

Plumbing means and includes gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catchbasins, building drains, sewer drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.

Registration fee means the amount paid to the office of the building commissioner when registering a rental unit.

Registration receipt means the receipt issued by the office of the building commissioner, which documents that a dwelling unit has been registered and the owner has paid the appropriate registration fee.

Rental building means a building containing one or more rental units.

Rental dwelling unit means a rented dwelling unit in a residential premises.

Rental unit means a unit of a hotel, motel, roominghouse or apartment house, a rental dwelling unit, a dwelling unit, an apartment or other similar designation, which is held for lease or rent.

Roominghouse means a structure occupied by individuals sharing common facilities occupying rooming units. Roominghouses shall differ from two-family and multifamily dwelling units in that the rooms contained in the structure do not constitute independent housekeeping establishments. Examples of a roominghouse include a boardinghouse, lodginghouse, club, fraternity or residential hotel.

Rooming unit means any room or group of rooms forming a single habitable unit, used, or intended to be used, for living or sleeping, but not for cooking or eating purposes.

Rubbish includes materials, other than garbage, resulting from ordinary household operations, including tin cans, glass, bottles, ashes, papers, magazines, newsprint, boxes, china, crockery, rags, old shoes, small cartons, broken crockery which has been used as food or beverage containers, etc., in metal or plastic covered containers or tied plastic bags.

Substantial property interest has the meaning specified in IC 36-7-9-2, incorporated in this definition by reference (i.e., any right in real property that may be affected in a substantial way by actions authorized by this article, including a fee interest, life estate interest, future interest, present possessory interest or an equitable interest of a contract purchaser).

Supplied means paid for, furnished or provided by or under the control of the owner or operator.

Temporary housing means any tent, recreational vehicle or other structure used for human shelter, which is designed to be transportable and which is not attached to the ground, to another structure or to any utility system on the same premises for more than 30 days.

Unacceptable means any violation of this article or any applicable state code or statute, which violation does not render the building, or any portion thereof, unsafe.

Unsafe building has the meaning specified in IC 36-7-9-4, and means a building or structure, or any part thereof, that is:

(1)

In an impaired structural condition that makes it unsafe to a person or property;

(2)

A fire hazard, as determined by the fire chief;

(3)

A hazard to the public health, with input from the county health officer;

(4)

A public nuisance;

(5)

Dangerous to a person or property because of a violation of a statute or ordinance concerning the building condition or maintenance; or

(6)

Vacant and not maintained in a manner that would allow human habitation, occupancy or use under the requirements of a statute or an ordinance.

Unsafe premises, as specified in IC 36-7-9-4, means the tract of real estate on which an unsafe building is located.

(Code 1974, § 5-101)

Cross reference

Definitions generally, § 1-2.