§ 12-74. Definitions; references to certain words.

(a)

Definitions. In construing the provisions of this article, where the context will permit and no definition is provided herein, the definitions provided in the Florida Building Code shall apply. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Approval means approved by the head of the enforcement agency or his/her authorized representatives.

Basement means that portion of a building having less than one-half its clear floor-to-ceiling height below the average finished grade of the ground adjoining the building and its ceiling not more than six feet above said grade.

Cellar means that portion of a building having one-half or more than one-half of its clear floor-to-ceiling height below the average finished grade of the ground adjoining the building.

Dwelling means any building which is wholly or partly used or intended to be used for living, sleeping, cooking and eating, provided that temporary housing as hereinafter defined shall not be regarded as a dwelling.

Dwelling unit means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities used or intended to be used for living, sleeping, cooking and eating.

Enforcing agency means the code enforcement officer.

Enforcing officer means any employee of the enforcing agency charged with the responsibility of making inspections of buildings and premises and issuing violation notices when necessary. The term shall be synonymous with inspecting officer.

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

Habitable area means two or more habitable rooms.

Habitable room means a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, shower rooms, water closet compartments, laundries, pantries, foyers, connecting corridors, closets and storage spaces.

Head of enforcement agency means the code enforcement officer.

Hotel means any dwelling or commercial building, or any part of any dwelling or commercial building, containing one or more hotel units in which space is let by the owner or operator on a predominantly temporary basis to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator. Motels and buildings offering dormitory-type sleeping accommodations shall be included in this category.

Hotel unit means any room or group of hotel rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. Motel units and dormitory-type sleeping accommodations shall be included in this category.

Infestation means the presence of any insects, rodents, vermin, or other pests.

Inspecting officer. See Enforcing officer.

Means of egress.

(1)

The term "means of egress" shall mean a continuous path of travel from any point in a building or structure to the open air outside at ground level and consists of three separate and distinct parts:

a.

The way of exit access;

b.

The exit; and

c.

The means of discharge from the exit.

(2)

A means of egress comprises the vertical and horizontal means of travel and may include the room, space, doorway, corridor, hallway, passageway, stairs, ramps, lobby, escalator, and other paths of travel.

a.

The term "exit access" means that portion of a means of egress which leads to an entrance to an exit.

b.

The term "exit" means that portion of a means of egress which is separated from the area of the building from which escape is to be made by walls, floors, doors or other means which provide the protected path necessary for the occupants to proceed with reasonable safety to the exterior of the building. An interior aisle, corridor, hallway or other means of travel used to reach an exit or doorway is not an exit, except where the maximum allowable distance of travel to an exit is exceeded, at which point the aisle or corridor shall be treated as part of an exit or it is so located, arranged, and enclosed as to constitute an integral part of an exit facility.

c.

The term "exit discharge" means that portion of a means of egress between the termination of the exit at the exterior of the building and ground level.

Occupant means any person over one year of age living, sleeping, cooking, eating in, or having actual possession of a dwelling, dwelling unit, hotel unit, or rooming unit.

Operator means any person who has charge, care, or control of a building, or part thereof, in which dwelling units, hotel units, rooming units, or dormitory-type sleeping accommodations are let.

Owner or record owner means any person, firm, corporation or other legal entity, who individually or jointly or severally with others, holds the legal or beneficial title to any dwelling, dwelling unit, roominghouse, rooming unit, facilities, equipment or premises subject to the provisions of this chapter. The term shall include the owner's duly authorized agent, a purchaser, devisee, fiduciary, property holder or any other person, firm, corporation, or legal entity having a vested or contingent interest, the holder of record of each mortgage or other lien, except judgment liens, or a taxpayer as defined in F.S. § 192.001(13), as may be amended from time to time. It is intended that this term shall be construed as applicable to the person responsible for the construction, maintenance and operation of the building, facilities or premises involved.

Premises means any occupied or unoccupied building, accessory structure, lot, parcel of land, or any part thereof, used or intended to be used for residential purposes.

Rooming unit means 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.

Roominghouse means any dwelling, or part of any dwelling, containing one or more rooming units in which space is let by the owner or operator on a predominantly permanent basis to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator. For the purpose of this article, boardinghouses are included in this category.

Rubbish means all combustible and noncombustible waste materials except garbage. The term shall include 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, metal, mineral matter, glass and crockery.

Supplied means paid for, furnished, or provided by or under control of the owner or operator.

Temporary housing means any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or in a permanent manner to any utilities system. For the purpose of this article, living quarters for migratory agricultural workers shall be defined as temporary housing.

(b)

Meaning of certain words. Whenever the words "dwelling," "dwelling unit," "hotel," "hotel unit," "roominghouse," "rooming unit" and "premises" are used in this article they shall be construed as though they were followed by the words "or any part thereof."

(c)

References to certain words. Any reference in this article to the words "approved," "adequate," "adequately," "properly installed," "properly connected" or "properly constructed," shall have reference to those standards set out in the Florida Building Code, the Rules of the state department of health, this Code, and any other enactment of law applicable to the structure or particular portion or system of the structure under inspection by the enforcing agency.

(County Code, §§ 17-6, 17-46)