MINIMUM HOUSING STANDARDS

§ 90.45 FINDINGS; PURPOSE.

   (A)   Pursuant to G.S. 160D-1201, it is hereby found and declared that there exists in the city dwellings unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents and other calamities, lack of ventilation, light, and sanitary facilities, and due to other conditions rendering the dwellings unsafe or insanitary, and dangerous and detri- mental to the health, safety, and morals, and otherwise inimical to the welfare of the residents of the city.

   (B)   In order to protect the health, safety, and welfare of the residents of the city, it is the purpose of §§ 90.45 through 90.66 to establish minimum standards of fitness for the initial and continued occupancy of all buildings used for human habitation, as expressly authorized by G.S. 160D-1205.

(‘58 Code, § 4-112) (Am. Ord. 16-27, passed 8-15-16; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 9-7-21)

§ 90.46 DEFINITIONS.

   (A)   For the purpose of §§ 90.45 through 90.66, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   "BASEMENT." A portion of a building located partly underground, having direct access to light and air from windows located above the level of the adjoining ground.

   “BUILDING.” Includes other structures.

   "CELLAR." A portion of a building located partly or wholly underground, having inadequate access to light and air from windows located partly or wholly below the level of the adjoining ground.

   "DETERIORATED." A dwelling unfit for human habitation that can be repaired, altered, or improved to comply with all of the minimum standards established by §§ 90.45 through 90.66 , at a cost not in excess of 50% of its value, as determined by finding of the Inspector.

   "DILAPIDATED." A dwelling unfit for human habitation that cannot be repaired, altered, or improved to comply with all of the minimum standards established by §§ 90.45 through 90.66, at a cost not in excess of 50% of its value, as determined by finding of the Inspector.

   “DWELLING.” Any building, structure, manufactured home, or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.

   “DWELLING UNIT.” 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.

   "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, trapping, or by any other recognized and legal pest elimination methods approved by the Inspector.

   "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, heater rooms, foyers, communicating corridors, closets, and storage spaces.

   "INFESTATION." The presence, within or around a dwelling, of any insects, rodents, or other pests in such number as to constitute a menace to the health, safety, or welfare of the occupants or to the public.

   "INSPECTOR." A Building Inspector of the city or any agent who is authorized by the city department responsible for the enforcement of this chapter.

   "MULTIPLE DWELLING." Any dwelling containing more than two dwelling units.

   "OCCUPANT." Any person over one year of age, 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 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 he were the owner.

   "PLUMBING." Includes all of the following supplied facilities and equipment: gas pipes, gas- burning equipment, water pipes, mechanical garbage disposal units (mechanical sink grinders), waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basin, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer, or gas lines.

   "PUBLIC AUTHORITY." The housing authority of the city, or any officer who is in charge of any department or branch of the government of the city or Stanly County or the State of North Carolina relating to health, fire, building regulations, or other activities concerning dwellings in the city.

   "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 three or more persons who are not husband and wife, son or daughter, mother or father, or sister or brother of the owner or operator.

   "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 ashes, and the term shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery, and dust.

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

   "TEMPORARY HOUSING." 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 to any utilities system on the same premises for more than 30 consecutive days.

   "UNFIT FOR HUMAN HABITATION." Conditions exist in a dwelling which violate or do not comply with one or more of the minimum standards of fitness, or one or more of the requirements established by §§ 90.45 through 90.66 .

   (B)   Whenever the words "DWELLING," "DWELLING UNIT," "ROOMING HOUSE," "ROOMING UNIT," or "PREMISES" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

(‘58 Code, § 4-113) (Am. Ord. 16-27, passed 8-15-16; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 9-7-21)

§ 90.47 MINIMUM STANDARDS OF FITNESS FOR DWELLINGS AND DWELLING UNITS.

   Every dwelling and dwelling unit used as a human habitation, or held out for use as a human habitation, shall comply with all of the minimum standards of fitness for human habitation and all of the requirements of §§ 90.45 through 90.66. No person shall occupy as owner-occupant, or let to another for occupancy or use as a human habitation, any dwelling or dwelling unit which does not comply with all of the minimum standards for human habitation and all of the requirements of §§ 90.45 through 90.66. A violation of this section is punishable as a misdemeanor.

(‘58 Code, § 4-114) (Am. Ord. 16-27, passed 8-15-16; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 9-7-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99

§ 90.48 MINIMUM STANDARDS FOR STRUCTURAL CONDITION.

   (A)   Walls or partitions or supporting members, sills, joists, rafters, or other structural members shall not list, lean, or buckle, and shall not be rotted, deteriorated, or damaged, and shall not have holes or cracks which might admit rodents.

   (B)   Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used.

   (C)   Foundations, foundation walls, piers, or other foundation supports shall not be deteriorated or damaged.

   (D)   Steps, stairs, landings, porches, or other parts or appurtenances shall be maintained in such condition that they will not fall or collapse.

   (E)   Adequate facilities for egress in case of fire or panic shall be provided.

   (F)   Interior walls and ceilings of all rooms, closets, and hallways shall be finished of suitable materials, which will, by use of reasonable household methods, promote sanitation and cleanliness, and shall be maintained in such a manner so as to enable the occupants to maintain reasonable privacy between various spaces.

   (G)   The roof, flashings, exterior walls, basement walls, floors, and all doors and windows exposed to the weather shall be constructed and maintained so as to be weather- and watertight.

   (H)   There shall be no chimneys or parts thereof which are defective, deteriorated, or in danger of falling, or in such condition or locations as to constitute a fire hazard.

   (I)   There shall be no use of the ground for floors, or wood floors on the ground.

   (J)   A violation of this section is punishable as a misdemeanor.

(‘58 Code, § 4-115) (Am. Ord. 16-27, passed 8-15-16; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 9-7-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99

§ 90.49 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES.

   (A)   Plumbing system.

      (1)   Each dwelling unit shall be connected to a potable water supply, and to the public sewer or other approved sewage disposal system.

      (2)   Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water closet, and adequate supply of both cold water and hot water. All water shall be supplied through an approved pipe distribution system connected to a potable water supply.

      (3)   All plumbing fixtures shall meet the standards of the city plumbing code and shall be maintained in a state of good repair and in good working order.

      (4)   All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet and tub or shower shall be located in a room or rooms affording privacy to the user.

   (B)   Heating system. Every dwelling and dwelling unit shall have facilities for providing heat in accordance with either (1) or (2) below.

      (1)   Central and electric heating systems. Every central or electric heating system shall be of sufficient capacity so as to heat all habitable rooms, bathrooms, and water closet compartments in every dwelling unit to which it is connected with a minimum temperature of 70°F, measured at a point three feet above the floor during ordinary winter conditions.

      (2)   Other heating facilities. Where a central or electric heating system is not provided, each dwelling and dwelling unit shall be provided with sufficient fireplaces, chimneys, flues, or gas vents whereby heating appliances may be connected so as to heat all habitable rooms with a minimum temperature of 70°F, measured three feet above the floor during ordinary winter conditions.

   (C)   Electrical system.

      (1)   Every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles. Every habitable room shall contain at least two floor or wall-type electric convenience receptacles, connected in such manner as determined by the city electrical code. There shall be installed in every bathroom, water closet room, laundry room, and furnace room at least one supplied ceiling, or wall- type electric light fixture. In the event wall or ceiling light fixtures are not provided in any habitable room, then each such habitable room shall contain at least three floor or wall- type electric convenience receptacles.

      (2)   Every public hall and stairway in every multiple dwelling shall be adequately lighted by electric lights at all times when natural daylight is not sufficient.

      (3)   All fixtures, receptacles, equipment, and wiring shall be maintained in a state of good repair, safe, capable of being used, and installed in accordance with the city electrical code.

   (D)   Utilities. Every dwelling and dwelling unit shall be actively serviced by public utilities for electricity, sanitary sewerage and water.

   (E)   A violation of this section is punishable as a misdemeanor.

(‘58 Code, § 4-116) (Am. Ord. 04-23, passed 6- 21-04; Am. Ord. 16-27, passed 8-15-16; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 9-7-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99

§ 90.50 MINIMUM STANDARDS FOR VENTILATION.

   (A)   General. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of the room. Whenever walls or other portions of structures face a window of any such room and the light-obstructing structures are located less than five feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors, and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of the room, the total window area of the skylight shall equal at least 15% of the total floor area of the room.

   (B)   Habitable rooms. Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size as required, or shall have other approved, equivalent ventilation.

   (C)   Bathroom and water closet rooms. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet rooms equipped with an approved ventilation system.

   (D)   A violation of this section is punishable as a misdemeanor.

(‘58 Code, § 4-117) (Am. Ord. 16-27, passed 8-15-16; Am. Ord. 21-40, passed 9-7-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99

§ 90.51 MINIMUM STANDARDS FOR SPACE, USE, AND LOCATION.

   (A)   Room sizes. Every dwelling unit shall contain at least the minimum room size in each habitable room as required by the city residential building code. Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant, at least 100 square feet of additional habitable area for each of the next three occupants, and at least 75 square feet of additional habitable floor area for each additional occupant. In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age and over, and at least 35 square feet for each occupant under 12 years of age.

   (B)   Ceiling height. At least one- half of the floor area of every habitable room shall have a ceiling height of not less than seven feet and six inches.

   (C)   Floor area calculation. Floor area shall be calculated on the basis of habitable room area. However, closet area and wall area within the dwelling unit may count for not more than 10% of the required habitable floor area. The floor area of any part of any room where the ceiling height is less than 4½ feet shall not be considered as part of the floor area in computing the total area of the room to determine maximum permissible occupancy.

   (D)   Cellar. No cellar shall be used for living purposes.

   (E)   Basements. No basement shall be used for living purposes unless: the floor and walls are substantially watertight; the total window area, total openable window area, and ceiling height are equal to those required for habitable rooms; the required minimum window area of every habitable room is entirely above the grade adjoining the window area, except where the window or windows face a stairwell, window well, or accessway.

   (F)   A violation of this section is punishable as a misdemeanor.

(‘58 Code, § 4-118) (Am. Ord. 16-27, passed 8-15-16; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 9-7-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99