§ 16.24.030. Definitions.

A.

Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this chapter.

B.

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.

C.

Terms Defined in Other Codes. Where terms are not defined in this chapter and are defined in the metropolitan building code, fire code, zoning code, plumbing code, gas/mechanical code, ANSI A117.1 Handicap Code, energy code or the electrical code, such terms shall have the meanings ascribed to them as in those codes.

D.

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.

E.

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

F.

Terms.

"Accessory building" or "Accessory structure" means a detached building or structure customarily incidental and subordinate to the principal building or structure located on the same lot.

"Accessory use" means a use of a building, structure, or premises, or part thereof, that is customarily incidental and subordinate to the principal use of the building, structure or premises and that occurs on the same lot as the principal use.

"And/or" in a choice of two code provisions, means that use of both or either provisions will satisfy the requirement of this chapter.

"Approved" means approved by the director.

"Basement" means that portion of a building or structure that is partly or completely below grade.

"Bathroom" means a room containing plumbing fixtures including a bathtub and or shower.

"Bedroom" means any room or space used or intended to be used for sleeping purposes.

"Board" or "board of appeals" means the metropolitan board of property standards and appeals.

"Building" means any structure that encloses a space used for sheltering any occupancy. Each part of a building separated from other parts by a firewall shall be construed as a separate building. The term, building, shall be construed as if followed by the words "or part thereof."

"Building code" means the building code adopted by the Metropolitan Government of Nashville and Davidson County.

"Condemn" means to adjudge unfit for habitation, occupation, or use.

"Dilapidated building" or "dilapidated structure" means all buildings and or structures which, by reason of inadequate maintenance, dilapidation, abandonment, inadequate exits, unsanitary conditions, and or conditions that constitute a fire hazard, are unsafe and or are otherwise dangerous to human life and/or are unfit for human habitation, occupation, or use. This definition shall include all buildings and structures as may legally come within the scope of the definition of "building" and "structure" as set forth in this section.

"Director" means the director of the department of codes administration, or such other officers and employees of the department of codes administration as may be charged with the administration of this chapter, or the director's duly authorized representative.

"Dwelling" means any building or structure, or part thereof, used and occupied for human occupation or use or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.

"Dwelling unit" means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. A dwelling unit shall be construed to include any accessory structure belonging thereto or usually enjoyed therewith.

"Electrical code" means the electrical code adopted by the metropolitan government.

"Energy code" means the energy code adopted by the metropolitan government.

"Enforcement officer" means the director of the department of codes administration and such other officers, employees, and other duly authorized representatives of the director as may be charged with the administration and enforcement of this chapter.

"Exterior property" means the open space on the premises and on adjoining property under the control of the owner, occupant, or operator of such premises.

"Extermination" means the control and elimination of insects, rats, and or other pests by: Eliminating their harborage places, removing or making inaccessible materials that serve as their food, poison spraying, fumigating, and or trapping; or, by any other approved control or elimination method.

"Family" means for purposes of this chapter, an individual, or two or more persons related by blood, marriage or law, or, unless otherwise required by federal or state law, a group of not more than three unrelated persons living together in a dwelling unit.

"Fire code" means the fire prevention code and or life safety code as adopted by the metropolitan government.

"Fire wall" means a four-hour fire resistive wall, having protective openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof, with sufficient structural stability under fire conditions to allow collapse of construction on either side without collapse of the wall.

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

"Guard" means 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" means space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage spaces, utility spaces and similar areas are not considered habitable spaces.

"Imminent danger" means a condition that could cause serious or life-threatening injury or death, or significant property damage at any time.

"Infestation" means the presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.

"Labeled" means 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" means to permit, provide, or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, structure, or premise by a person or entity 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.

"Occupancy" means the purpose for which a building or portion thereof is utilized or occupied.

"Occupant" means any individual living, sleeping, having possession of a space within, or operating in or on a building, structure, or premises.

"Openable area" means that part of a window, skylight or door which is available for unobstructed ventilation, egress or rescue and which opens from the inside to a full clear opening, without the use of a key or tool, directly to the outdoors.

"Operator" means any person who has charge, care, or control of a structure, building, or premises that is let or offered for occupancy.

"Owner" means 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, and including every mortgagee of record.

"Parties in interest" means all individuals, associations, corporations, and others who have interests of record in a building, structure, or premises, and any who are in possession thereof.

"Place of public accommodation" means any building or structure in which goods are sold or supplied, or in which services are performed, or in which the trade of the general public is solicited.

"Plumbing" means all of the following supplied facilities and equipment: 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, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.

"Plumbing code" means the plumbing code adopted by the metropolitan government.

"Premises" means a lot, plot or parcel of land including any building or structure thereon. Such term shall be construed as if followed by the words "or part thereof."

"Privacy" when used in this chapter, means an area or room which may be closed-off from other rooms with a solid door with a locking device thereon.

"Public authority" means any officer in charge of any department or branch of the metropolitan government or the state, relating to health, fire, building regulations or other activities concerning housing, buildings, structures or premises in the area under the jurisdiction of the metropolitan government.

"Roominghouse" means 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" means 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" means combustible and noncombustible waste materials, except garbage; the term shall include, but not be limited to, the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.

"Structure" means any dwelling or place of public accommodation or vacant building or structure suitable as a dwelling or place of public accommodation. Also, that which is built or constructed, or part thereof.

"Substandard building" or "substandard structure" means a building, structure and/or premises that is used or designed or intended to be used as a habitable space, which does not meet the basic minimum requirements of this chapter for such use or occupancy, or for which a valid certificate of occupancy has not been issued.

"Supplied" means paid for, furnished or provided by or under the control of the owner or operator or the owner's or operator's agents or representatives.

"Tenant" means 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" means a room containing a water closet or urinal but not a bathtub or shower.

"Ventilation" means the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

"Workmanlike" means executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.

"Yard" means an open space on the same lot with a structure.

"Zoning code" means the zoning code adopted by the Metropolitan Government of Nashville and Davidson County.

(Ord. BL2001-585 § 1 (part), 2001)