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(a) General Requirements. The owner of a structure shall provide and maintain light and ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or let to another for occupancy or use, any premises which do not comply with the following requirements of this section.
(1) All structures shall be provided access to public property. Such means of access shall be maintained unobstructed.
(2) An open space, when used for the origin of light and ventilation, shall be maintained and unobstructed.
(3) In place of the means for natural light and ventilation herein prescribed, alternative arrangements of windows, louvers or other methods and devices that will provide the equivalent minimum performance requirements shall be permitted when such other arrangements are in compliance with this Building and Housing Code.
(b) Light. All spaces or rooms shall be provided with sufficient light so as not to endanger health and safety.
(1) Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total window area, measured between stops, for every habitable space, shall be eight percent of the floor area of such room, except in kitchens when artificial light is provided in accordance with the provisions of this Building and Housing Code.
Whenever walls or other portions of a structure face a window of any room, and such obstructions are located less than three feet (914 mm) 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, nor to a court, and shall not be included as contributing to the required minimum total window area for the room.
(2) Common halls and stairways. Every common hall and stairway shall be adequately lighted at all times with an illumination of at least a sixty-watt standard incandescent light bulb or equivalent thereof for each 200 square feet (18.60 m2) of floor area, provided that the spacing between lights shall not be greater than thirty feet (9144 mm). Every exterior stairway shall be illuminated with a minimum of one foot-candle (10.76 lux) at the floor, landings and treads.
(3) Other spaces. All other spaces shall be provided with natural or artificial light of sufficient intensity and so distributed as to permit the maintenance of sanitary conditions and the safe use of the space and the appliances, equipment and fixtures.
(c) Ventilation. All spaces or rooms shall be provided sufficient natural or mechanical ventilation so as not to endanger health and safety. Where mechanical ventilation is provided in lieu of the natural ventilation, such mechanical ventilating systems shall be maintained in operation during the occupancy of any structure or portion thereof. When part of the air provided by a mechanical ventilation system is recirculated, the portion or volume of air recirculated shall not be recirculated to a different residential space from which it is withdrawn.
(1) Habitable spaces. Every habitable space shall have at least one window which can be easily opened, or such other device as will adequately ventilate the room. The total openable window area in every room shall be equal to at least forty-five percent of the minimum window area size required in paragraph (b)(1) hereof.
(2) Toilet rooms. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable spaces as required by paragraph (b)(1) hereof, except that a window shall not be required in bathrooms or water closet compartments equipped with an approved mechanical ventilation system. Air exhausted by a mechanical ventilation system from rooms containing a bathtub or shower within a dwelling unit shall be exhausted to the exterior and shall not be recirculated to any habitable space, including the space from which it is withdrawn. Air exhausted by a mechanical ventilation system from all other bathroom or water closet compartments shall be exhausted to the exterior without recirculation to any space, or not more than eighty-five percent of the exhaust air shall be recirculated where the system is provided with effective absorption and filtering equipment complying with this Building and Housing Code.
(3) Clothes dryer exhaust. Clothes dryer venting systems shall be independent of all other systems and shall be vented in accordance with the manufacturer's recommendations. Gas dryers shall be vented to the exterior.
(Ord. 2285. Passed 1-14-91.)
(a) Generally. The provisions of this section shall govern the minimum plumbing facilities and fixtures to be provided in rental units. All plumbing facilities and fixtures shall comply with the requirements herein prescribed insofar as they are applicable.
The owner of the structure shall provide and maintain such plumbing facilities and fixtures in compliance with these requirements. A person shall not occupy, as owner-occupant, or let to another for occupancy or use, any structure or portion thereof or premises which do not comply with the following requirements.
(b) Required Facilities. Every dwelling unit shall include its own plumbing facilities, which are in proper operating condition, can be used in privacy and are adequate for personal cleanliness and the disposal of human waste. The following minimum plumbing facilities set forth in paragraphs (b)(1) through (3) hereof shall be supplied and maintained in sanitary and safe working condition.
(1) Water closet and lavatory. Every dwelling unit shall contain, within its walls, a room separate from habitable spaces, which affords privacy and a water closet supplied with cold running water. A lavatory shall be placed in the same room as the water closet or located in another room in close proximity to the door leading directly into the room in which said water closet is located. The lavatory shall be supplied with hot and cold running water.
(2) Bathtub or shower. Every dwelling unit shall contain a room which affords privacy to a person in said room and which is equipped with a bathtub or shower supplied with hot and cold running water.
(3) Kitchen sink. Every dwelling unit shall contain a kitchen sink apart from the lavatory required under paragraph (b)(1) hereof, and such sink shall be supplied with hot and cold running water.
(c) Plumbing Fixtures. All plumbing fixtures shall be maintained in a safe and usable condition. All plumbing fixtures shall be of approved nonabsorbent material.
(1) Connections. Water supply lines, plumbing fixtures, vents and drains shall be properly installed, connected and maintained in working order, shall be kept free from obstructions, leaks and defects, and shall be capable of performing the function for which they are designed. All repairs and installations shall be made in accordance with the provisions of this Building and Housing Code.
(2) Maintenance. All plumbing facilities shall be maintained in a clean and sanitary condition by the occupant so as not to breed insects and rats or produce dangerous or offensive gases or odors.
(3) Access for cleaning. Plumbing fixtures shall be installed to permit easy access for cleaning both the fixture and the area about it.
(d) Water System. Every sink, lavatory, bathtub, shower, water closet or other facility shall be properly connected to either a public water system or to an approved private water system. All sinks, lavatories, bathtubs and showers shall be supplied with hot and cold running water.
(1) Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the overflow rim of the fixture. Janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved, atmospheric-type vacuum breaker or an approved, permanently-attached hose connection vacuum breaker.
(2) Supply. The water supply system shall be installed and maintained to provide, at all times, a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable them to function satisfactorily.
(3) Water heating facilities. Water heating facilities shall be installed in an approved manner, properly maintained and properly connected with hot water lines to the fixtures required to be supplied with the hot water. Water heating facilities shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower and laundry facility, or other similar units, at a temperature of not less than 110 degrees Fahrenheit (forty-three degrees Celsius). Every gas-burning water heater shall be vented to a chimney or other venting device leading to outdoor space. A gas-burning water heater shall not be located in any bathroom, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. There shall be installed on water heaters an approved combination temperature and pressure relief valve. All water heating appliances shall be properly installed and maintained in accordance with this chapter and with other applicable provisions of this Building and Housing Code.
(e) Sewage System. Every sink, lavatory, bathtub, shower, water closet or other facility shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
Every plumbing stack, waste and sewer line shall be so installed and maintained as to function properly and shall be kept free from obstructions, leaks, and defects to prevent structural deterioration or health hazards. All repairs and installations shall be made in accordance with the provisions of this Building and Housing Code.
(Ord. 2285. Passed 1-14-91.)
The provisions of this section shall govern the minimum mechanical facilities and equipment to be provided in rental units. All mechanical facilities and equipment shall comply with the requirements herein prescribed insofar as they are applicable.
The owner of the structure shall provide and maintain such mechanical facilities and equipment in compliance with these requirements. A person shall not occupy, as owner-occupant, or let to another for occupancy or use, any premises which do not comply with the following requirements:
(a) Heating Facilities. Every owner of any structure who rents, leases or lets one or more dwelling units on terms, either express or implied, to furnish heat to the occupants thereof, shall supply sufficient heat during the period from October 1 to May 15 to maintain a room temperature of not less than sixty-five degrees Fahrenheit (eighteen degrees Celsius), in all habitable spaces, bathrooms and toilet rooms during the hours between 6:30 a.m. and 10:30 p.m. of each day, and to maintain a temperature of not less than sixty degrees Fahrenheit (sixteen degrees Celsius) during other hours. The temperature shall be measured at a point three feet (914 mm) above the floor and three feet (914 mm) from exterior walls.
Exception: When the exterior temperature falls below zero degrees Fahrenheit (minus eighteen degrees Celsius) and the heating system is operating at its full capacity, a minimum room temperature of sixty degrees Fahrenheit (sixteen degrees Celsius) shall be maintained at all times.
(b) Cooking and Heating Equipment. All cooking and heating equipment, components and accessories in every heating, cooking and water heating device shall be maintained free from leaks and obstructions, and kept functioning properly in accordance with the manufacturer's recommendations so as to be free from fire, health and safety hazards. All installations and repairs shall be made in accordance with the provisions of this Building and Housing Code.
(c) Installation.
(1) All mechanical equipment shall be properly installed and safely maintained in good working condition and be capable of performing the function for which it was designed and intended.
(2) All vented fuel-burning equipment shall be connected to an approved chimney or vent.
(3) All required clearances to combustible materials shall be maintained.
(4) All safety controls for fuel-burning equipment shall be maintained in effective operation.
(5) A supply of air for complete combustion of the fuel and for ventilation of the space shall be provided for the fuel-burning equipment.
(d) Boilers. Each boiler and pressure vessel, other than boilers located within a dwelling unit, shall be inspected by the Department of Planning and Zoning or its representative a minimum of once every two years. The inspection shall determine that the boiler operates in accordance with the manufacturer's requirements and that all safety devices and controls function correctly. A copy of the most recent inspection certificate shall be made available upon request.
(e) Fireplaces. Fireplaces, and other construction and devices intended for use similar to a fireplace, shall be stable and structurally safe and connected to approved chimneys.
(f) Climate Control. When facilities for interior climate control (heating, cooling and/or humidity) are integral functions of structures used as dwelling units, such facilities shall be maintained and operated in a continuous manner in accordance with the designed capacity.
(g) Elevators.
(1) Elevators, dumbwaiters and escalators shall be maintained to safely sustain the loads to which they are subjected, to operate properly and to be free of physical and fire hazards.
(2) In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied.
(3) Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.
(Ord. 2285. Passed 1-14-91.)
The provisions of this section shall govern the minimum electrical facilities and equipment to be provided in rental units. All electrical facilities and equipment shall comply with the requirements herein prescribed insofar as they are applicable.
The owner of the structure shall provide and maintain such electrical facilities and equipment in compliance with these requirements. A person shall not occupy, as owner-occupant, or let to another for occupancy or use, any premises which do not comply with the following requirements:
(a) Electrical Facilities. Every building, or part thereof, used for human occupancy shall be adequately and safely provided with an electrical system in compliance with the requirements of this section and with other applicable requirements of this Building and Housing Code. The provisions of paragraphs (a)(1) and (2) hereof shall be considered absolute minimum. The size of units and the usage of appliances and equipment shall be used as a basis for determining the need for additional facilities in accordance with NFIPA 70, the National Electrical Code.
(1) Electrical outlets. Every habitable room shall contain at least one floor or wall-type electrical outlet and one ceiling electrical lighting fixture or two electrical convenience outlets. Every water closet compartment, bathroom, hall, furnace room or laundry room shall contain at least one wall- or ceiling-type electric light fixture. Every electrical outlet and fixture shall be properly installed and maintained in good and safe working condition, and connected to an approved source of electrical power in a safe, approved manner.
(2) Service. When the electrical system requires modification to correct inadequate service, as defined in subsection (c) hereof, the service shall be corrected to a minimum of sixty ampere, three-wire service.
(b) Installation. All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type.
(c) Defective Systems. Where it is found that the electrical system in a structure constitutes a hazard to the occupants of the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the Code Official shall require the defects to be eliminated.
(Ord. 2285. Passed 1-14-91.)
The provisions of this section shall govern the minimum fire safety facilities and equipment to be provided in rental units. All structures shall be constructed and maintained to prevent and avoid fire hazards, and in a manner conducive to fire safety. All fire safety facilities and equipment shall comply with the requirements herein prescribed insofar as they are applicable.
The owner of the structure shall provide and maintain such fire safety facilities and equipment in compliance with these requirements and the Fire Prevention Code. A person shall not occupy, as owner-occupant, or let to another for occupancy or use, any premises which do not comply with the following requirements:
(a) Means of Egress.
(1) A safe, continuous and unobstructed means of egress shall be provided from the interior of a structure to the exterior at a street, or to a yard, court or passageway leading to a public open area at grade.
(2) All required and all existing fire escapes shall be maintained in working condition and shall be structurally sound.
(3) Waste, refuse or other materials shall not be allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress.
(b) Exit Signs. All exit signs shall be maintained, illuminated and visible.
(c) Fire Resistance Ratings. Floors, walls, ceilings and other elements and components required to develop a fire resistance rating shall be maintained so that the respective fire resistance rating of the enclosure, separation or construction is preserved.
(d) Fire Protection Systems. All fire protection systems and equipment shall be maintained in proper operating condition at all times.
(1) Fire alarms. Fire alarms and detecting systems shall be maintained in good working condition and shall be suitable for their respective purposes.
(2) Fire suppression systems. Fire suppression systems shall be maintained in good condition, free from mechanical injury. Sprinkler heads shall be maintained clean, free of corrosion and paint, and not bent or damaged.
(3) Standpipe systems. Hose stations shall be identified and accessible. The hose shall be in proper position, ready for operation, dry and free of deterioration.
(4) Fire extinguishers. All portable fire extinguishers shall be visible and accessible, and maintained in an efficient and safe operating condition.
(e) Fire Doors. All required fire resistance rated doors or smoke barriers shall be maintained in good working order, including all hardware necessary for the proper operation thereof. The use of door stops, wedges and other unapproved hold-open devices is prohibited.
(f) Smoke Detectors. All residential occupancies shall be provided with a minimum of one approved single-station smoke detector in the sleeping area of each dwelling unit. The detectors shall be installed in accordance with the provisions of this Building and Housing Code and the Fire Prevention Code. When actuated, the smoke detector shall provide an alarm suitable to warn the occupants within the individual dwelling unit.
(Ord. 2285. Passed 1-14-91.)
(a) Certificate of Occupancy Required. After the effective date of this chapter, it shall be unlawful for the owner, agent or person in charge of any rental structure or unit to rent, lease or permit to be occupied any unit without a current and valid certificate of occupancy issued by the Zoning Department.
(b) Application and Issuance of Certificates of Occupancy Generally.
(1) Application for a certificate of occupancy shall be made biannually to the City of Geneva Department of Planning and Zoning on forms provided. Said application shall be accompanied by fees as set forth in subsection (d) hereof. Applications to renew valid certificates of occupancy shall be filed with the Department of Planning and Zoning not less than thirty days prior to the expiration date of the current certification of occupancy.
(2) Upon receipt of an application for a certificate of occupancy, the Department of Planning and Zoning shall schedule inspections of the rental dwelling unit as necessary to determine its compliance with these regulations.
(3) If a rental dwelling unit is found to be in compliance with this chapter, a certificate of occupancy shall be issued for said unit and shall be valid for a period not to exceed two years.
(4) If, upon inspection of the rental dwelling unit, it is determined that a violation of this chapter exists, notice of said violation shall be made to the owner or agent. The owner or agent shall obtain the proper permits as required by this Building and Housing Code to correct the noted violations. No certificate of occupancy shall be issued until the violations have been corrected and the repairs inspected and approved.
(5) An application for a certificate of occupancy shall be made to the City of Geneva Department of Planning and Zoning not less than thirty days after a change in ownership has been completed.
(c) Application and Issuance of Certificates of Occupancy for Existing Occupancies. Within thirty days of adoption of this chapter, the owner or agent of each single-family and multifamily rental structure shall submit to the Department of Planning and Zoning an application for a certificate of occupancy for each such single-family and multifamily rental structure. Units occupied at the time of adoption of this chapter may continue to be occupied until such time as an inspection has been made by the Code Official, after which all units shall comply with all of the provisions of this chapter.
(d) Fees. A fee of twenty-five dollars ($25.00) shall be charged for the biannual inspection of each rental unit.
(e) Duties of Planning and Zoning Department Officer. It shall be the duty and responsibility of the Department of Planning and Zoning officer, or the representative duly designated by the City Manager, to enforce the provisions of this chapter as herein provided.
The designated Code Official may exercise his or her discretion in waiving the provisions of Section 1462.09(c), provided that the entire dwelling unit and building are in compliance with all other provisions of this chapter.
(f) Inspection; Right of Entry.
(1) In order to safeguard the safety, health and welfare of the public, the Code Official is authorized to enter any structure or premises at any reasonable time for the purpose of making inspections and performing duties under this chapter or under other applicable provisions of this Building and Housing Code.
(2) If any owner, occupant or other person in charge of a structure subject to the provisions of this chapter refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to any part of the structure or premises where inspection authorized by this chapter is sought, such owner, occupant or other person shall be considered to be in violation of this chapter, and, in addition to the penalty provided in Section 1462.99, the administrative authority shall be permitted to seek, in a court of competent jurisdiction, an order that such owner, occupant or other person in charge cease and desist with such interference.
(3) Every occupant of a structure or premises shall give the owner or operator thereof, or his or her agent or employee, access to any part of such structure or premises at reasonable times for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this chapter.
(g) Notice of Violations.
(1) Whenever the Department of Planning and Zoning officer, or a duly designated representative, determines that a single-family rental dwelling unit or multifamily rental structure, or any portion thereof, is in violation of any provisions of this chapter, he or she shall give written notice to the owner, agent or person in charge of the single-family rental dwelling unit or multifamily rental structure, stating the nature of said violation and establishing a period of time for correction or repair.
(2) Posting of a copy of such notice at the premises and mailing or delivering a copy to the address shown on the application for a certificate of occupancy or to the address shown on the current tax records of the Ashtabula County Treasurer, shall be deemed legal service of notice.
(h) Correction of Violations. All alterations or repairs to an existing building which are caused directly or indirectly by the enforcement of this chapter shall be done in accordance with the applicable procedures and provisions of the this Building and Housing Code.
(Ord. 2285. Passed 1-14-91.)
(i) Failure to Correct or Comply. Whenever the owner of a single-family rental dwelling unit or multifamily rental structure fails, neglects or refuses to comply with any notice of violation, said owner shall be considered to be in violation of this chapter and shall be subject to the penalty provided in Section 1462.99.
(Ord. 2521. Passed 2-10-97; Ord. 3108. Passed 5-13-13.)
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