(A) All dwellings shall provide for a safe and healthful environment with living facilities arranged and equipped to assure such safe and healthful environment.
(B) No person shall occupy or allow another to occupy, or hold out for intended use for human habitation any dwelling which does not comply with the conditions set out in G.S. § 160D-1205 in addition to the requirements, standards and conditions as set out in this Code or for which a valid certificate of compliance has not been issued by the Housing Inspector.
(C) Minimum requirements, standards, and conditions contained in G.S. § 160D-1205 in addition to the standards, requirements and conditions, contained in this Code, are the fundamental requirements, standards and conditions imposed and mandated by the town.
(D) Pursuant to G.S. § 160D-1205 and this Code, the Housing Inspector may determine a dwelling is unfit for human habitation, if the officer finds that any defective condition exist in the dwelling that render it dangerous or injurious to the health, safety, or welfare of the occupants of the dwelling, the occupants of neighboring dwellings, or other residents of the jurisdiction. Defective conditions may include any of the following without limiting the generality any of the of the foregoing:
(1) Defects therein increasing the hazards of fire, accident, or other calamities;
(2) Lack of adequate ventilation, or light, or sanitary facilities;
(3) Dilapidation;
(4) Disrepair;
(5) Structural defects; or
(6) Uncleanliness.
(E) Minimum standards for plumbing systems and equipment. Shall contain not less than the following:
(1) A connection to a potable water supply and to the public sewer supply and to the public or other approved sewage disposal system;
(2) A kitchen sink, lavatory, tub or shower and a water closet, all in good working condition and installed in accordance with the adopted Plumbing Code, and located within the dwelling and accessible to the occupants. The water closet and tub or shower shall be located in a room or rooms affording privacy to the user;
(3) Plumbing all of which meets the standards of the adopted Plumbing Code and which is in a state of good repair and in good working order;
(4) Connections to the kitchen sink, lavatory and tub or shower of an adequate supply of both cold and hot water. All water shall be supplied through an approved pipe distribution system connected to a potable water supply; and
(5) Installations of all hot water heating appliances according to the Plumbing Code adopted by the town and capable of supplying a continuous source of hot water, on demand, to all the required fixtures at a temperature of not less than 120°F.
(F) Minimum standards for ventilation and lights. Every dwelling shall contain not less than the following:
(1) Windows and the like. Every habitable room shall have at least one window or skylight facing directly to the outdoors;
(2) The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of the room;
(3) Whenever walls or other portions of structures face a window of any like room and the light obstruction structures are located less than five feet from the window and extend to a level above that of the ceiling of the room, the window shall not be deemed to face directly to the outdoors and shall be included as contributing to the required minimum total window area;
(4) Whenever the only window in the top of the 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;
(5) 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;
(6) All fixtures, receptacles, equipment and wiring should be maintained in a state of good repair, safe, capable of being used and installed in accordance with the electric Code adopted by the town; and
(7) The minimum capacity of the service supply and the main disconnect switch shall be sufficient to carry adequately the total load as required by the electrical code adopted by the town.
(G) Minimum standards for heating. Every building, dwelling shall have facilities for providing heat in accordance with either divisions (1) or (2) below, as well as complying with division (3) below.
(1) Central and electrical heating systems. Every central or electric heating system shall be of sufficient capacity so as to heat each dwelling to which it is connected with minimum temperature of 70°F measured at a point three feet above the floor during ordinary minimum winter conditions.
(2) Other heating facilities. Where a central or electric heating system is not provided each dwelling shall be provided with sufficient fireplaces, chimney flues or gas vents whereby heating appliances may be connected so as to furnish a minimum temperature of 70°F measured at a point three feet above the floor during ordinary minimum winter conditions.
(3) Installation and maintenance. Heating appliances and facilities shall be installed in accordance with the Building Code adopted by the town and shall be maintained in a safe and good working condition.
(H) Minimum standards for space, use and location. Every dwelling shall contain not less than the following:
(1) Dwelling unit. Every dwelling shall contain at least 150 square feet of habitable floor area for the first occupant at least 100 square feet of additional habitable floor area for each of the next three occupants and at least 75 square feet of additional habitable floor area for each additional occupant.
(2) Room sizes.
(a) Every dwelling shall contain at least the minimum room size in each habitable room as required by the Building Code adopted by the town.
(b) In every dwelling, every room occupied for sleeping purposed 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 of floor area for each occupant under 12 years of age.
(3) Floor area calculation. Floor area shall be calculated on the basis of habitable room area; however, closet area and hall area within the dwelling, where provided, may count for 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 four and one-half feet shall not be considered as part of the floor area in computing the total floor area of the room to determine maximum permissible occupancy.
(4) Ceiling height. At least one half of the floor area of every habitable room shall have a ceiling height of at least seven feet.
(5) Cellar. No cellar shall be used for living purposes.
(6) Basements. No basement shall be used for living purposes unless:
(a) The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness and condensation;
(b) The total window area, total openable window area and ceiling height are equal to this required for habitable rooms; and
(c) 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 access way.
(I) Minimum standards for safe and sanitary maintenance. Every dwelling shall comply with the following:
(1) Exterior foundation wall and roofs. Every foundation wall, exterior wall and exterior roof shall be substantially weather-tight, water-tight and rodent-proof; shall be capable of affording privacy; shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture or the weather.
(2) Interior floors, walls and ceilings. Every floor, interior wall and ceiling shall be substantially rodent-proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load placed thereon.
(3) Interior floors, walls and ceilings. Every floor, interior wall and ceiling shall be substantially rodent-proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load placed thereon.
(4) Stairs, porches and appurtenances. Every inside and outside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair.
(5) Bathroom floors. Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained so as to be substantially impervious to water and so as to permit the floor to be easily kept in a clean and sanitary condition.
(6) Supplied facilities. Every supplied facility piece of equipment or utility, which is required under this Code shall be so constructed and installed that it will function safely and effectively and shall be maintained in sound working condition.
(7) Drainage. Every yard shall be properly graded so as to obtain thorough drainage and so as to prevent the accumulation of stagnant water.
(8) Egress. Every dwelling shall be provided with means of egress as required by the Building Code adopted by the town.
(9) Noxious weeds. Every yard and all exterior property areas of a dwelling shall be kept free of noxious weeds or plant growth which are in excess of 12 inches, and which cause or threaten to cause a hazard detrimental to the public health and safety.
(J) Minimum standards for control of insects, rodents and infestations. Every dwelling shall at least comply with the following:
(1) Screens. For protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall have supplied and installed screens and a self- closing device; and every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens installed.
(2) Rodent control. Every basement or cellar window used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with screens installed or other approved device as will effectively prevent their entrance.
(3) Infestation. Every occupant of a dwelling containing a single dwelling shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for the extermination; whenever his or her dwelling is the only one infested. Notwithstanding caused by failure to the actual owner to maintain a dwelling in a rodent proof or reasonably insect-proof condition, extermination shall be the responsibility of the actual owner, as opposed to the tenant/occupant. Whenever infestation exists in two or more of the dwellings containing two or more dwelling units, extermination thereof shall be the responsibility of the owner, and not the tenants.
(4) Rubbish. Every dwelling shall be supplied with adequate rubbish storage facilities.
(5) Garbage. Every dwelling shall have adequate garbage disposal facilities or garbage storage containers, having a capacity of not more than 30 gallons per each container.
(K) Minimum standards for structural condition. Every dwelling shall at least comply with the following:
(1) Walls or partitions or supporting members, sills, joists, rafters or other structural members shall not list, lean or buckle, and shall not be rotten deteriorated or damaged, and shall not have holes or cracks which might admit rodents.
(2) Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used.
(3) Foundations, foundation walls, piers or other foundation supports shall not be deteriorated or damaged.
(4) Steps, stairs, landings, porches or other parts or appurtenances shall be maintained in a condition so that they will not fail or collapse.
(5) Adequate facilities for egress in case of fire or panic shall be provided.
(6) 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 a manner so as to enable the occupants to maintain reasonable privacy between various spaces.
(7) The roof, flashing, 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 water-tight.
(8) There shall be no chimneys or parts thereof which are defective, deteriorated or in danger of failing, or in a condition or location as to constitute a fire hazard.
(9) There shall be no use of the ground for floors, or wood floors on the ground.
(Prior Code, § HB-I-9) (Am. Ord. passed 10-11-2022)