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§ 151.16 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITATES.
   (A)   Every dwelling unit shall contain a kitchen sink in good working condition.
   (B)   Every dwelling unit shall have a room which affords privacy to a person within the room which is equipped with a flush water closet and a lavatory basin in good working condition.
   (C)   Every dwelling unit shall contain within a room which affords privacy to a person within the room, a bathtub or shower in good working condition.
   (D)   Every kitchen sink, lavatory basin, bathtub, or shower required under the provisions of this chapter shall be properly connected with both hot and cold water lines.
   (E)   Every dwelling unit shall have supplied water-heating facilities which are properly installed according to applicable laws and regulations for the city and state, properly connected with the hot water lines, required under the provisions of this chapter and are capable for heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, or shower at a temperature of not less than 120° F. The supplied water-heating devices shall be capable of meeting the requirements of this division when the dwelling, or dwelling unit heating facilities, required under the provisions of this chapter, are not in operation.
   (F)   Every dwelling, dwelling unit, or rooming house shall be supplied with a potable water supply system.
   (G)   All plumbing fixtures installed within a dwelling shall be properly connected to a sewer line or lines that discharge into a public sewage system, or if no public system is available, into a private or jointly-owned system meeting the requirements of the county and state health departments.
   (H)   Every dwelling unit shall have adequate garbage storage facilities or disposal facilities, or garbage storage containers.
   (I)   Every dwelling unit shall have safe, unobstructed exits leading to safe and open space at ground level, as required by the laws and regulations of the state and city.
('76 Code, § 210.11(C)) Penalty, see § 151.99 
§ 151.17 MINIMUM STANDARDS FOR LIGHT, VENTILATION, AND HEATING.
   (A)   Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window space (area), measured between stops, for every habitable dwelling room shall be 10% of the floor area of the room. Whenever walls or other portions of structures face a window of any room, and the light- obstructing structures are located less than three 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 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)   Every habitable room shall have one window or skylight that can easily be opened, or such other device as will adequately ventilate the room. The total openable window in every habitable room shall be equal to at least 45% of the minimum window area size and minimum skylight-type window size, as required in this chapter, except where there is supplied some other device affording adequate ventilation and approved by the Building Inspector
   (C)   Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in divisions (A) and (B) above, except that no window or skylight shall be required where the bathroom and water closet compartments are equipped with a ventilation system which provides ventilation equivalent to that in (B) above.
   (D)   Where there is electric service available from power lines, which are not more than 300 feet away from a dwelling, every habitable room of the dwelling shall contain at least two separate floor- or wall-type electric outlets, or one such convenient outlet and one supplied ceiling-type electric light fixture, and every water compartment, bathroom, laundry room, furnace room and public hall shall contain at least one supplied ceiling- or wall-type electric light fixture. Every outlet shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner.
   (E)   Every dwelling shall have heating facilities which are installed and maintained in accordance with the Kentucky Revised Standards of Safety, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit located therein to a temperature of at least 70° F. at a distance of three feet above floor level, when the outside temperature is 0° F. Fuel-burning space heaters located in sleeping rooms or rooms generally kept closed shall be connected up to a suitable chimney, flue, or gas vent. There shall be supplied an adequate air supply for combustion through one or more openings to the outside, or by means of fixed openings to interior spaces which open to the exterior.
('76 Code, § 210.11(D)) Penalty, see § 151.99 
§ 151.18 MINIMUM SPACE, USE, AND LOCATION REQUIREMENTS.
   (A)   Every dwelling unit shall contain at least 150 feet of floor space for the first occupant, and at least 100 additional square feet of floor space for each additional occupant, the floor spaces to be calculated on the basis of the total allowable habitable floor area of the room.
   (B)   In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor space for each occupant, except for children under the age of seven years sleeping rooms may contain 35 feet of floor space per child.
   (C)   No dwelling of dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet intended for use by occupants of both rooms is such that the occupants of one room must go through the other sleeping room.
   (D)   At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven fee; and the floor area of that part of any room where the ceiling is less than five feet shall not be considered a part of the floor area in computing the total area of the room for the purposes of determining the maximum permissible occupancy thereof.
   (E)   No basement or cellar shall be used as a habitable room or dwelling unit unless: the floors and walls are impervious to leakage of underground and surface water runoff, and are insulated against dampness; the total window area in each room is equal to at least the minimum window area sizes as required in § 151.17 (A) of this chapter; the required minimum window area is located entirely above the grade of the ground adjoining the window area, and the total of openable window area of each room is equal to at least the minimum as required by § 151.17 (B) of this chapter except where there is supplied some other device affording adequate ventilation and approved by the Building Inspector; there are adequate exits as required by state and city laws and regulations.
('76 Code, § 210.11(E)) Penalty, see § 151.99 
§ 151.19 HAZARDOUS CONDITIONS.
   The following conditions are determined to be hazardous and shall warrant a finding that a building or its premises are unsafe or constitute a nuisance:
   (A)   Any door, aisle, passageway, stairway, or other mean of exit is not of sufficient width or size, or not so arranged as to provide safe and adequate means of exit in case of fire or panic for all persons housed, or assembled therein, who would be required to, or might use such door, aisle, passageway, or other means of exit.
   (B)   A stress in any material, element, member, or portion thereof, due to all dead and live loads, which is greater than the working stress allowed by the Kentucky Building Code of any city building ordinance.
   (C)   Damage to any portion of a building by earthquake, wind, fire, flood, or any other cause, in such a manner that the structural stability or strength thereof, is appreciably less than the minimum requirements set forth in existing ordinances for a new building or structure of similar size, construction, location, and use.
   (D)   The likelihood of any portion, member, or appurtenance of a building to fall, or become dislodged or detached, or to collapse and thereby cause bodily injury or property damage.
   (E)   Settling of any building or portion thereof, to such an extent that walls or other structural portions thereof have been displaced or distorted and rendered structurally unstable, or dangerous, or that the basic function of the element has been impaired.
   (F)   The building, structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting the building, structure, or portion thereof, or other cause is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way.
   (G)   The building, structure, or any portion thereof, is for any reason whatsoever manifestly unsafe for the purpose for which it is used or intended to be used.
   (H)   The exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity of that wall or structural member does not fall inside the middle third of the base.
   (I)   The building or structure, exclusive of the foundation, shows 33% or more of damage or deterioration to the member or members, or 50% of damage or deterioration of a nonsupporting enclosing or outside wall or covering.
   (J)   The building or structure has been so damaged by fire, wind, earthquake, flood, or has become so dilapidated or deteriorated, from any cause whatsoever, as to become an attractive nuisance to children who might play therein to their danger or as to afford a harbor for vagrants, criminals, or immoral persons, or as to enable persons to resort thereto for the purpose of committing a nuisance, or unlawful or immoral act.
   (K)   Deteriorated, crumbling, or loose plaster.
   (L)   Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors.
   (M)   Defective or lack of weather protection for exterior wall coverings, including lack of paint or other approved protection covering.
   (N)   Broken, rotted, split, or buckled exterior walls or roof coverings.
   (O)   All materials of construction except those which are specifically allowed or approved by the Kentucky Standards of Safety and the building code, and which have been adequately maintained in good and safe condition, are defects from faulty materials of construction.
   (P)   All buildings or portions thereof which are not provided with fire-resistive construction, or fire-extinguishing systems, or equivalent required by the Kentucky Standards of Safety, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration, or addition, or any change in occupancy, are defective for inadequate fire protection or fire fighting equipment.
   (Q)   Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which is in such a condition as is likely to cause a fire, or explosion, or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause is a fire hazard.
   (R)   Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions constituting fire, health, or safety hazards, or constitute a nuisance as defined by city ordinance, are considered defective as hazardous or unsanitary premises.
   (S)   All buildings or portions thereof, occupied for purposes for which they were not intended to be used or for use inconsistent with the provisions of this chapter are defective for improper occupancy.
   (T)   Exposed electric wire or wires with deteriorated or damaged insulation.
   (U)   Switch and outlet plates improperly fastened or missing.
   (V)   Short circuit or break in any electric line.
   (W)   Obvious shock hazards.
   (X)   Temporary wiring except extension cords which run directly from portable electric fixtures to convenience outlets and which do not lie underneath floor covering materials, or extended through doorways, transoms, or other similar openings through walls or ceilings.
   (Y)   Plumbing that permits contamination of the water supply through breaks, backflow, back-siphonage, or any other method of contamination.
   (Z)   Water supply inlets below the flood level of any sink, lavatory basin, bathtub, or other fixture, and submerged inlets except those with a vaccuum breaker complying with the plumbing code.
   (AA)   The waste line of a water-using fixture that is not trapped.
   (BB)   Fuel supply connection of material other than pipe or tubing of solid metal and not permanently fastened in place.
   (CC)   Equipment or vents so close to a wall of combustible material or so lacking in insulation that there is a danger of combustion.
   (DD)   Equipment burning liquid or solid fuel which are not connected to chimneys or flues, or which are connected to vents suitable for gas only.
('76 Code, § 210.11(F)) Penalty, see § 151.99 
§ 151.20 RESPONSIBILITIES OF OCCUPANTS AND OWNERS.
   (A)   The responsibilities of the occupants are as follows:
      (1)   To keep the dwelling, dwelling unit, and premises he controls and occupies in a clean and sanitary condition.
      (2)   To dispose of garbage and rubbish in a clean and sanitary manner as prescribed by city regulation.
      (3)   To keep plumbing fixtures therein in a clean and sanitary condition and to exercise reasonable care in the proper use and operation thereof.
      (4)   To exterminate in all cases where the occupant of a single dwelling is responsible for the extermination of any insects, pests, rodents, or of a single dwelling unit if his unit is the only one affected. Notwithstanding the foregoing provision of this section, whenever infestation is caused by the failure of the owner to maintain the dwelling in a rat-proof or reasonable insect-proof condition, the occupant is not responsible for the extermination of any insects, rodents, or other pest therein.
   (B)   The responsibilities of the owner are as follows:
      (1)   To have the dwelling in clean, sanitary, habitable condition, to free from infestation before renting; to clean, repair, and exterminate if needed to meet aforementioned requirements before offering for rent.
      (2)   To exterminate in all cases when infestation exists in two or more units of a multiple-unit structure, when infestation exists in a shared or public area of a multiple-unit structure, when infestation exists in a single unit of a multiple-unit structure or in a single-unit structure, when infestation is due to failure of the owner to maintain the dwelling in a rat-proof and reasonably insect- proof condition, and to perform the responsibilities of the occupant when the premises are vacant.
('76 Code, § 210.12) Penalty, see § 151.99 
ENFORCEMENT AND ADMINISTRATIVE PROCEDURES
§ 151.30 BUILDING INSPECTOR.
   (A)   The administration of this chapter shall be the responsibility of the Building Inspector. He will work in close cooperating with the Fire Chief or his delegate, the County Health Department, and other officials and agencies and he may seek their written opinions concerning the conditions of dwellings or other buildings.
   (B)   The Building Inspector and his assistants shall be free from personal liability for acts done in good faith in the performance of official duties.
   (C)   The Building Inspector or any one of his assistants shall have no financial interest in the furnishing of labor, appliances, or materials for the construction, alteration, or maintenance of a building except where he is the owner and shall not act as agent for the real estate sales, leases, or rentals.
   (D)   The powers and duties of the Building Inspector are as follows:
      (1)   The Building Inspector is authorized to conduct surveys and make inspections in any area of the community to determine compliance with this chapter or any other chapters he is empowered to enforce.
      (2)   The Building Inspector shall investigate all written complaints alleging or charging that a violation of this chapter exists, or that a building or dwelling is unsafe for human habitation or other occupancy.
      (3)   For the purpose of making surveys, inspections, and investigations, the Building Inspector and authorized personnel are hereby authorized upon identification and statement of purpose, to enter, inspect, survey, and investigate between the hours of 8:00 a.m. and 8:00 p.m. , or at any time if any emergency exists, or if requested by the owner or occupant, all buildings, dwellings, dwelling units, rooming units, or general premises. The owner or occupant of every building, dwelling, dwelling unit, rooming unit, or general premises, or the person in charge thereof, shall give the Building Inspector free access to the building, dwelling, dwelling unit, rooming unit, or general premises, for the purpose of the inspection, survey, or investigation.
   (E)   The Building Inspector shall keep records of all complaints received.
('76 Code, § 210.02) Penalty, see § 151.99 
§ 151.31 BOARD OF BUILDING AND HOUSING APPEALS.
   (A)   Creation. There is hereby created a Board of Appeals to be known as the "Board of Building and Housing Appeals," consisting of five members appointed by the Mayor with approval of City Council.
   (B)   Members. Of the members first appointed, two shall be appointed for a term of one year, two for a term of two years, one for a tem of three years and thereafter they shall be appointed for a term of four years. Vacancies shall be filled for an unexpired term in the same manner in which original appointments are required to be made. Continued absence of any member from regular meetings of the Board shall, at the discretion of the appointing authority, render any member liable to immediate removal from office.
   (C)   Quorum. Three members of the Board shall constitute a quorum in varying the application of any provisions of this chapter or in modifying an order of the Building Inspector, affirmative votes of the majority present, but not less than three affirmative votes shall be required. No Board member shall act in a case in which he has a personal interest.
   (D)   Rules and regulations. The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this chapter. The Board shall meet at regular intervals to be determined by the Chairman, or in any event the Board shall meet within ten days after notice of appeal has been received.
   (E)   Powers. The Board shall have the power to administer oaths.
   (F)   Variances. Where, because of conditions peculiar to a particular building, it would be unreasonably difficult to meet the literal requirements of this chapter, a variance may be granted by the Board upon written application therefor. The application shall state in writing the reasons why the variance should be made. A variance shall be granted only where it is evident that reasonable safety and sanitation is assured, and may include conditions not generally specified by this chapter in order to achieve the end. The variance may include an expiration date. A copy of the variance shall be filed in the office of the Building Inspector and a copy shall be given to the applicant.
   (G)   Appeals.
      (1)   Whenever it is claimed that the true intent and meaning of this chapter has been wrongly interpreted, or that the time allowed for compliance is unreasonable, the owner, his agent or the occupant, as the case may be, may file a notice of appeal from the decision or order of the Building Inspector. The notice shall be in writing and filed within ten days after the decision or order of the Building Inspector has been made.
      (2)   The Board, upon appeal, may modify the decision or order of the Building Inspector. Its decision shall be final, subject however, to such remedy as any aggrieved person may have under § 151.36. The Board's decision shall be in writing, shall be filed with the City Clerk, and a certified copy shall be given to the applicant.
('76 Code, § 210.03)
                               
Statutory reference:
   Local appeals boards, see KRS 198B.070
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