Oswego, N.Y., Code of Ordinances ch. 149 § 149-7
Definitions
Operative Text
The following definitions shall apply in the interpretation of this Part 1 : ACCESSORY STRUCTURE A structure, the use of which is incidental to that of the residential building and which is located on the same premises. ACCESSORY USE A use, occupancy or tenancy customarily incidental to the principal use or occupancy of a residential building. Such "accessory uses" may include, among others, the following: A. Offices for the building management; B. Dining rooms, banquet rooms, public kitchens and ballrooms; C. Recreation and playrooms; D. Laundries for the use of tenants and occupants and in connection with the management and operation of a residential building; E. Maintenance and workshops, storage rooms for linen, bedding, furniture, supplies and tenants', equipment and effects; F. Rooms or space for the incidental sale or display of merchandise to occupants and tenants, such as newspaper, candy and cigar stands; and G. Garages within a residential building or on the premises thereof used primarily for the storage of passenger-type motor vehicles. APPROVED Approved by the City Engineer under the regulations of this chapter or approved by an authority designated by law or this chapter. BASEMENT That space of a building that is partly below grade which has more than 1/2 its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building. BATHROOM Enclosed space containing one or more bathtubs or showers, or both, and which may also contain water closets, lavatories or fixtures serving similar purposes (see definition of "toilet room"). BUILDING A structure wholly or partially enclosed within exterior walls, or within exterior or party walls, and a roof, affording shelter to persons, animals or property. CELLAR That space of a building that is partly or entirely below grade and which has more than 1/2 of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building. DWELLING, ONE-FAMILY Building containing not more than one dwelling unit occupied exclusively for residential purposes. DWELLING, TWO-FAMILY Building containing not more than two dwelling units occupied exclusively for residential purposes. DWELLING UNIT One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family, EXIT A way of departure from the interior of a building or structure to the exterior at street or grade, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape. FAMILY A household constituting a single housekeeping unit occupied by one or more persons. GENERALLY ACCEPTED STANDARD A specification, code, rule, guide or procedure in the field of construction or related thereto, recognized and accepted as authoritative. GRADE, FINISHED Natural surface of the ground or the surface of ground after completion of any change in contour, abutting building or premises. HABITABLE SPACE Space occupied by one or more persons for living, sleeping, eating or cooking. Kitchenettes shall not be deemed to be "habitable space." See definitions of "nonhabitable space," "public space" and "exit." INFESTATION The presence, within or contiguous to a dwelling, dwelling unit, lodging house, lodging unit or premises, of insects, rodents, vermin or other pests. KITCHEN Space, 60 square feet or more in floor area, with a minimum width of five feet, used for cooking or preparation of food. KITCHENETTE Space, less than 60 square feet in floor area, used for cooking or preparation of food. LODGING HOUSE A multiple residence used primarily for purpose of furnishing lodging, with or without meals, for compensation. LODGING UNIT A room or group of rooms forming a single habitable unit, used or intended to be used for lodging. MIXED OCCUPANCY Occupancy of a building in part for residential use and in part for some other use not accessory thereto. MULTIPLE RESIDENCE — A building: A. Containing three or more dwelling units; B. Containing living, sanitary, and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families; C. With one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants; D. With sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house, or for similar uses; or E. Used or occupied as a convalescent, old-age or nursing home, but not including private or public hospitals or public institutions. 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. See definitions of "habitable space," "public space" and "exit." PLUMBING SYSTEM The water supply system, the drainage system, the vent system and fixtures and traps, including their respective connections, devices and appurtenances within the property lines of the premises. POTABLE WATER Water which is approved for drinking, culinary and domestic purposes. PUBLIC SPACE Space within a residential building for public use, such as lobbies, lounges, reception hall, meeting, lecture and recreation rooms, banquet and dining rooms and their kitchens and swimming pools. SEWAGE Liquid waste containing animal or vegetable matter in suspension or solution, and which may include industrial wastes and liquids containing chemicals. STRUCTURE An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings. TOILET ROOM Enclosed space containing one or more water closets, which may also contain one or more lavatories, urinals and other plumbing fixtures. See definition of "bathroom." VENTILATION Supply and removal of air to and from a space by natural or mechanical means. VENTILATION, MECHANICAL Ventilation by power-driven devices. VENTILATION, NATURAL Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks with or without wind-driven devices.
Section 149-7 of Oswego, N.Y., Code of Ordinances ch. 149 establishes the foundational vocabulary used throughout Part 1 of the city's residential building code. It defines key terms—ranging from structural concepts like 'basement' and 'cellar' to occupancy categories like 'multiple residence' and 'dwelling unit'—that govern how the rest of the chapter's requirements are interpreted and applied. These definitions set the boundaries of what counts as habitable space, what qualifies as an accessory use, and how different types of residential structures are classified under Oswego's housing regulations.
Plain English — not legal advice.
Property owners and managers operating under Oswego, N.Y., Code of Ordinances ch. 149 § 149-7 generally familiarize themselves with each defined term, since the classification of a space—whether it is a 'basement' versus a 'cellar,' or 'habitable space' versus 'nonhabitable space'—directly affects which code requirements apply to their building. Operators of buildings with three or more dwelling units, for example, should note that such properties fall under the 'multiple residence' definition, which typically triggers a broader set of obligations throughout ch. 149. Keeping accurate records of how spaces are used and configured helps demonstrate that a property's actual conditions align with the classifications recognized in § 149-7.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants living in Oswego, the definitions in ch. 149 § 149-7 are the starting point for understanding what protections and standards apply to their home. For instance, whether a rented space qualifies as a 'dwelling unit' with required 'habitable space,' or whether a building meets the threshold for a 'multiple residence,' can determine which code provisions a landlord must follow. Tenants who believe their living conditions may not meet the standards implied by these definitions can consult local tenant-rights organizations or contact the appropriate city authority to learn about complaint and inspection processes available under ch. 149.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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