Watervliet, N.Y., Code of Ordinances ch. 175 § 175-2
Definitions
Operative Text
As used in this chapter, the following terms shall have the meanings ascribed to them: 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. 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: (1) Offices for the building management. (2) Dining rooms, banquet rooms, public kitchens and ballrooms. (3) Recreation and play rooms. (4) Laundries for the use of tenants and occupants and in connection with the management and operation of a residential building. (5) Maintenance and work shops, storage rooms for linen, bedding, furniture, supplies and tenants' equipment and effects. (6) Rooms or space for the incidental sales or display of merchandise to occupants and tenants, such as newspaper, candy, and cigar stands. (7) Garages within a residential building or on the premises thereof used primarily for the storage of passenger-type motor vehicles. B. The term "accessory use" shall have a uniform meaning and shall apply in the same manner and under the same conditions or restrictions to all residential buildings. APPROVED Approved by the administrative officer 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 half its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building. BATHROOM An 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 the 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 which has more than half 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 A building containing not more than one dwelling unit occupied exclusively for residential purposes. DWELLING, TWO-FAMILY A building containing not more than two dwelling units occupied exclusively for residential purposes. DWELLING UNIT One (1) or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family. ENFORCEMENT OFFICER The person designated by the City Council to carry out the duties of enforcement and administration specified in this chapter. 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 A natural surface of the ground or 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 the 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 A space, sixty (60) square feet or more in floor area with a minimum width of five feet, used for cooking or preparation of food. KITCHENETTE A space, less than sixty (60) square feet in floor area, used for cooking or preparation of food. LODGING HOUSE A multiple dwelling used primarily for the 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 DWELLING A. A building containing three or more dwelling units. B. A building 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. A building 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. A building with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house or for similar uses. E. A building used or occupied as a convalescent, old-age or nursing home, but not including private or public hospitals or public institutions. MULTIPLE RESIDENCE see "multiple dwelling." MUNICIPALITY The City of Watervliet, New York. NONHABITABLE SPACE Space used as a kitchenette, pantry, bath-, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler room, closets and other spaces for service and maintenance of the building and those spaces used for access and vertical travel between stories. See the definitions of "habitable space," "public space," and "exit." OWNER A person, agent, operator, firm, association, organization, partnership, company, corporation, beneficiary, trust, trustee, and all other persons 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. PLUMBING SYSTEM The water supply system, the drainage system, the vent system, 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, receptions, balls, meetings, lectures 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 An enclosed space containing one or more water closets, which may also contain one or more lavatories, urinals and other plumbing fixtures. See the definition of "bathroom." VENTILATION The 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 175-2 of Watervliet, N.Y., Code of Ordinances ch. 175 establishes the official definitions that govern how terms are interpreted throughout the city's residential building code chapter. Key concepts such as "dwelling unit," "multiple dwelling," "habitable space," "owner," and "accessory use" are given precise meanings that determine how other provisions in the chapter apply. These definitions set the shared vocabulary used by residents, property owners, and city officials when applying or interpreting the chapter's requirements.
Plain English — not legal advice.
Property owners and managers operating under ch. 175 should familiarize themselves with the definitions in § 175-2, since terms like "owner," "multiple dwelling," and "accessory use" directly shape which obligations apply to a given property. For example, the broad definition of "owner" encompasses agents, operators, and others with legal or equitable interest, meaning management companies may share responsibility alongside titleholders. Compliant operators generally ensure that spaces are classified correctly—distinguishing habitable from nonhabitable space, or a basement from a cellar—because those distinctions affect which standards must be met elsewhere in the chapter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in Watervliet residential buildings benefit from understanding the definitions in § 175-2, because terms like "dwelling unit," "infestation," and "habitable space" establish the baseline standards that the rest of ch. 175 is built upon. Knowing, for instance, that "infestation" is formally defined as the presence of insects, rodents, or other pests within or contiguous to a dwelling can help tenants recognize when a condition may trigger protections elsewhere in the chapter. Tenants who believe a condition in their home implicates these definitions may consider contacting the city's Enforcement Officer or a local tenant-rights organization for general information about available options.
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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