A. General:
1. Scope: The provisions of this section shall apply to all dwellings within the City.
2. Responsibility: Unless otherwise stated, the owner shall be responsible for compliance with the requirements of this section. An owner or manager shall not permit another person to occupy dwellings which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter.
B. Minimum Standards For Basic Equipment And Facilities: No person shall occupy as owner/occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements:
1. Kitchen Sink: Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to a water and sewer system.
2. Toilets: Every dwelling unit shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to a water and sewer system.
3. Bath: Every dwelling unit shall contain, within a room which affords privacy to a person within said room, a bathtub or shower in good working condition and properly connected to a water and sewer system.
4. Water: Every kitchen sink, lavatory basin, bathtub, shower, and laundry facilities required under the provisions of this chapter shall be properly connected with both hot and cold water lines in good working order. If served by private wells, the water shall be tested annually. A copy of the results of the test shall be filed with the City and posted on the site.
5. Rubbish And Garbage: Every dwelling unit shall have adequate disposal facilities or storage containers for rubbish, garbage, and recyclables in accordance with the requirements of applicable City ordinances. Rubbish and garbage shall be collected and disposed of in accordance with the requirements of applicable City ordinances.
6. Smoke Detector: Smoke detectors shall be installed in hallways or areas giving access to each separate sleeping area. Where sleeping rooms are on the upper level only, the detector shall be placed at the center of the ceiling directly above the stairway. Smoke detectors shall also be installed in the basement of a dwelling unit having a stairway which opens from the basement into the dwelling unit.
7. Fire Extinguisher: Every dwelling unit shall be equipped with a fire extinguisher with a minimum rating of 2A10BC.
8. Carbon Monoxide Alarm: A carbon monoxide alarm shall be installed outside and not more than ten feet (10') from each separate sleeping area or bedroom. An alarm shall be installed on each level containing sleeping areas or bedrooms.
9. Hot Water: Every dwelling shall have supplied water-heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with hot water lines required under the provisions of this chapter, and are capable of heating water to such 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 one hundred twenty degrees Fahrenheit (120°F). Such supplied water-heating facilities shall be capable of meeting the requirements of this chapter when the dwelling or dwelling unit heating facilities required are not in operation.
10. Exits:
a. Every dwelling unit shall have safe, unobstructed means of egress leading to safe and open space at ground level as required by the laws of this State.
b. No basement or cellar area or room may be tenant occupied for sleeping purposes unless a properly sized and installed second emergency exit is present and approved.
C. Minimum Standards For Light, Ventilation, And Heating: No person shall occupy as owner/occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:
1. Emergency Exit: Every habitable room used for sleeping purposes shall have at least one openable window, second door, or other opening facing directly to the outdoors or leading directly to a room that has an opening directly outdoors. The minimum openable area of the window or other area shall be sufficient in size to allow for emergency egress; it being the intent of this provision to ensure that there are two (2) means of escape from all habitable rooms used for sleeping. The window or other opening shall have a minimum net clear openable width of twenty inches (20"), a minimum net clear openable height of twenty four inches (24"), and the finished sill height shall not be more than forty four inches (44") above the floor. The minimum total area shall not be less than 5.7 square feet. Escape windows or other openings with finished sill heights below the adjacent ground level shall have a window well that is at least as deep as the window sill, extends at least thirty six inches (36") from the building, and allows the opening of the window to a full ninety degrees (90°). Existing emergency exits that fail to meet the standards contained in this subsection, shall, at a minimum, meet the standards specified in the Building Code that was in effect at the time of construction or alteration/modification.
2. Ventilation: Every habitable room shall have at least one window or skylight which can easily be opened or such other means to adequately ventilate the room as approved by the City. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least fifteen percent (15%) of the total floor area of such room. Existing habitable rooms that fail to meet the standards contained in this subsection, shall, at a minimum, meet the standards specified in the Building Code that was in effect at the time of construction or alteration/modification.
3. Bathroom Light And Ventilation: Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in this section except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with ventilation.
4. Electric Outlets: Every habitable room of a dwelling shall contain at least two (2) separate floor or wall-type electric convenience outlets or one such convenience outlet and one supplied ceiling type electric light fixture; and every water closet compartment, bathroom, laundry room, furnace room, and public hall shall contain at least one supplied ceiling or wall- type electric light fixture. Every such outlet and fixture 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. Every dwelling unit must have access to the fuse or circuit boxes serving that unit for safety purposes. Any outlet located within six feet (6') of a water source shall be GFCI protected.
5. Heating Facilities: Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good working condition, 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 seventy degrees Fahrenheit (70°F), at a distance of three feet (3') above floor level, under ordinary minimum winter conditions. Every dwelling unit must have access at all times to the heating thermostat controls for its heating supply.
6. Lighting Halls And Stairways: Every hallway and stairway in every multiple dwelling containing five (5) or more dwelling units shall be adequately lighted at all times. Every hallway and stairway in buildings devoted solely to dwelling occupancy and containing not more than four (4) dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting.
7. Rodent Protection: Every basement or cellar window used or intended to be used for ventilation and every other opening to a basement which might provide an entry for rodents shall be supplied with a screen or such other device as will effectively prevent their entrance.
D. General Requirements Relating To The Safe And Sanitary Maintenance Of Dwelling And Dwelling Units: No person shall occupy as owner/occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:
1. Foundation, Floor, Wall, Ceiling, And Roof: Every foundation, floor, wall, ceiling, and roof shall be reasonably weathertight, watertight, and rodent-proof, shall be capable of affording privacy, and shall be kept in good repair.
2. Structural Members: All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
3. Exterior Opening: Every window, exterior door, and basement hatchway shall be reasonably weathertight, watertight, and rodent-proof and shall be kept in sound working condition and good repair.
4. Stairs And Porches: Every inside and outside stair, every porch, and every appurtenance thereto shall be so constructed as to 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. Properly installed and maintained handrails are required on all stairs with four (4) risers or more. Guardrails shall be present to prevent any opening from being over four inches (4") on all porches, balconies, stairs, or landings which are higher than thirty inches (30") off the ground. Guardrails may not be less than thirty six inches (36") in height. Existing stairs and porches that fail to meet the standards contained in this subsection, shall, at a minimum, meet the standards specified in the Building Code that was in effect at the time of construction or alteration/modification.
5. Plumbing Fixtures: Every plumbing fixture and water waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions.
6. Surfaces: Every water closet compartment floor surface, bathroom floor surface, kitchen floor surface, and kitchen counter surfaces shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such surfaces to be easily kept in a clean and sanitary condition.
7. Supplied Facilities: Every supplied facility, piece of equipment, or utility, which is required under this section, shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition.
8. Continuous Service Of Facilities: No owner, operator, or occupant shall cause any service, facility equipment, or utility, which is required under this section, to be removed from or shut off from or discontinued for any occupied dwelling let or occupied by the owner, operator, or occupant, except for such temporary interruption as may be necessary while actual repairs or alterations are in process.
9. Fitness For Occupancy: No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary, and fit for human occupancy.
E. Minimum Standards For Space, Use, And Location: No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:
1. Living Space: Every dwelling unit shall contain for use as living space at least one hundred fifty (150) square feet of floor space of habitable room floor space for the first occupant thereof and at least one hundred (100) additional square feet of habitable room floor space for every additional occupant thereof. Sleeping space to be contained within a dwelling unit shall be a separate requirement in accordance within this section and shall not be counted in the calculation of living space to be contained in the unit under this section.
2. Sleeping Space: In every dwelling unit of two (2) or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square feet of habitable room floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least forty (40) square feet of habitable room floor space for each occupant thereof.
3. Access To Toilet Facilities: No dwelling or dwelling unit used for rental purposes containing two (2) or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room, nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment.
4. Ceiling Height: The floor area of that part of any room where the ceiling height is less than five feet (5') shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
5. Basements: No basement space shall be used as a habitable room or dwelling unit unless:
a. It shall comply with this chapter.
b. The floor and walls must be constructed so as to reasonably prevent leakage of underground and surface runoff water. Proper drainage must be provided away from the building, and floors and walls must be protected against dampness.
c. There is adequate window space sufficient for ventilation and escape.
F. Responsibilities Of Owners And Occupants:
1. Public Areas: Every owner of a dwelling containing two (2) or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.
2. Cleanliness: Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which the occupant controls.
3. Rubbish: Every occupant of a dwelling or dwelling unit shall dispose of all rubbish in a clean and sanitary manner by placing it in the rubbish or recycling containers as required by City ordinance.
4. Garbage: Every occupant of a dwelling or dwelling unit shall dispose of all garbage and any other organic waste which might provide food for rodents in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage storage containers required by this chapter. It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than four (4) dwelling units and for all dwelling units located on premises where more than four (4) dwelling units share the same premises. In all other cases, it shall be the responsibility of the occupant to furnish such facilities or containers.
5. Extermination Of Pests: Every occupant of a dwelling containing a single dwelling unit 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 such extermination whenever the dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this section, whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent or reasonably insect- proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two (2) or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two (2) or more dwelling units, extermination thereof shall be the responsibility of the owner.
6. Plumbing Fixtures: Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. (Ord. 152, 1-14-2019)