§ 30-5. Definitions and word usage; applicability of chapter.

A. 

Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter:

BASEMENT

A portion of a building located partly underground but having less than 1/2 of its clear floor-to-ceiling height below the average grade of the adjoining ground.

BUILDING OFFICIAL

The legally designated Building Official of the Town of New Milford or his designated assistant.

CELLAR

A portion of a building located partly or wholly underground and having 1/2 or more than 1/2 of its clear floor-to-ceiling height below the average grade of the adjoining ground.

DWELLING

Any building which is used or intended to be used, in whole or in part, for living or sleeping by human occupants, provided that temporary housing, as hereinafter defined, shall not be regarded as a "dwelling."

DWELLING UNIT

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

The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, fumigating or trapping or by any other recognized and legal pest elimination methods approved by the NMHD and the State Department of Health Services.

FIRE MARSHAL

The legally designated Fire Marshal of the Town of New Milford or his designated assistant.

GARBAGE

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

HABITABLE ROOM

A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, hallways, closets, recreation rooms (but not excluding living rooms), private workshops or hobby rooms and storage spaces.

HOTEL

A commercial establishment offering lodging to transient guests, including but not limited to motels, boatels and apartment hotels.

INFESTATION

The presence, within or around a dwelling, of any insects, rodents or other pests.

MULTIPLE DWELLING

Any dwelling containing more than two dwelling units.

NEW MILFORD HEALTH DEPARTMENT (NMHD)

The legally designated health authority of the Town of New Milford, including the Director of Health or his duly authorized personnel or other duly designated agent.

OCCUPANT

Any person living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit.

OPERATOR

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

OWNER

Any person who, alone or jointly or severally with others:

(1) 

Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

(2) 

Shall 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 chapter and of rules and regulations adopted pursuant thereto to the same extent as if such person were the owner.

PERSON

Includes any individual, firm, corporation, association or partnership.

PLUMBING

Includes 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.

ROOMING HOUSE

Any dwelling, or that part of any dwelling, containing one or more rooming units in which space is let by the owner or operator to more than three persons who are not the husband or wife, son or daughter, mother or father or sister or brother of the owner or operator, provided that hospitals, homes for the aged and other institutions licensed by the State Department of Health Services shall not be regarded as "rooming houses" or as subject to the provisions of this chapter.

ROOMING UNIT

Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.

RUBBISH

Combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coke or other combustible material, paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust or other items as specified by the NMHD.

SUPPLIED

Paid for, furnished or provided by or under the control of the owner or operator.

TEMPORARY HOUSING

Any tent, trailer or similar structure which is used for human shelter.

TOWN ENGINEER

The legally designated Town Engineer of the Town of New Milford or his designated assistant.

B. 

Meaning of certain words. Whenever the words "dwelling," "dwelling unit," "rooming housing," "rooming unit" and "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof." Whenever the masculine pronoun is used it shall also mean the feminine pronoun, and vice versa.

C. 

Application to owner-occupied premises. Except as provided in § 30-45 below, this chapter shall not apply to any single-family dwelling which is occupied or to be occupied by the owner of the dwelling, either alone or with other persons, or any dwelling unit or rooming unit which is occupied or to be occupied by the owner of the unit, either alone or with other persons.