Amherst, N.Y., Code of Ordinances ch. 151 (eCode360 ed. 2026) § 151-58

A. General. (1) Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this article, have the meanings shown in this section. (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 article and are defined in the Building, Fire Prevention, Zoning, Electrical, Plumbing or Mechanical Codes, ASME A17.1 and NFPA 70, such terms shall 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 house," "rooming unit" or "story" are stated in this article, they shall be construed as though they were followed by the words "or any part thereof." B. Definitions. As used in this article, the following terms shall have the meanings indicated: APPROVED Approved by the code official. AREA OF PUBLIC ASSEMBLY Includes a building or a portion of a building used for the gathering together of 50 or more persons for amusement, athletic, civic, dining, educational, patriotic, political, recreational, religious, social or similar purposes, the entire area of which it is a part, and the means of egress therefrom. ASME A17.1 The Safety Code for Elevators and Escalators, as referenced in the Building Code. ASSEMBLY SPACE A room or space whose primary use is classified as Group C5 occupancy (as defined in the Building Code), regardless of the number of persons. BASEMENT That space of a building that is partly below grade which has more than 1/2 of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building. BATHROOM A room containing plumbing fixtures, including a bathtub or shower. BEDROOM Any room or space used or intended to be used for sleeping purposes. BUILDING CODE The approved Building, Mechanical, Electrical, Plumbing and Fire Prevention Codes as designated in Chapter 83 of the Code of the Town of Amherst. CELLAR That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building. CHAPTER 83 OF THE CODE OF THE TOWN OF AMHERST Local Law No. 3-1977 (as amended) of the Town of Amherst. This local law is also known as the "Building Construction Administration Code." CODE OFFICIAL The Commissioner of Building of the Town of Amherst. In accordance with Chapter 83 , Building Construction Administration, of the Code of the Town of Amherst, the Commissioner of Building shall be assisted by the Assistant Commissioner of Building and other code enforcement personnel assigned to the Building Department. CONDEMN To adjudge unfit for occupancy or use. DWELLING UNIT One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family. ELECTRICAL CODE The electrical code as designated in Chapter 83 of the Code of the Town of Amherst. EXTERIOR PROPERTY The open space on the premises and on adjoining property under the control of owners or operators of such premises. EXTERMINATION The control and elimination of insects, rats 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. FAMILY Any number of individuals living together as a single housekeeping unit who are related by blood, marriage or adoption or although not related by blood, marriage or adoption, whose living arrangements are the functional equivalent of a traditional family. FIRE PREVENTION CODE The approved fire prevention codes as designated in Chapter 83 of the Code of the Town of Amherst. GARBAGE The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. HABITABLE SPACE Space occupied by one or more persons for living, sleeping, eating or cooking. Restaurants for employees and occupants, kitchens serving them and kitchenettes, bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas shall not be deemed to be habitable space. IMMINENT HAZARD 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, rats, vermin or other pests. 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. MECHANICAL CODE The approved Mechanical Code as designated in Chapter 83 of the Code of the Town of Amherst. NFPA 70 The National Electrical Code (NEC) as referenced in the Building and Electrical Codes. NONHABITABLE SPACE Space used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms, closets and other spaces for service and maintenance of the building, and those spaces used for access and vertical travel between stories. 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. OCCUPIED SPACE Space within a building wherein persons normally work or remain for a period of time. 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. PLUMBING CODE The approved Plumbing Code as designated in Chapter 83 of the Code of the Town of Amherst. PREMISES A lot, plot or parcel of land, including any structures thereon. 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 Combustible and noncombustible waste materials, except garbage; the term shall include 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 That which is built or constructed or a portion thereof or an assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings. 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. TOWN ATTORNEY The Town Attorney of the Town of Amherst. TOWN BOARD The Town Board of the Town of Amherst. TOWN OF AMHERST The Town of Amherst, New York. 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. ZONING ORDINANCE Chapter 203 of the Code of the Town of Amherst, as amended.