(A) Leasing or sale for residential occupancy; restrictions. No owner, operator, or agent shall rent, lease, sell, or offer for rental, lease, or sale any dwelling units, dwelling structures, or any parts thereof which do not comply with the provisions of this chapter; provided, however, that an owner, operator, or agent may apply for an occupancy permit, have a dwelling unit inspected and offer it for sale subject to the purchaser's agreement to place the unit in compliance with the provisions of this chapter prior to occupying it or subject to the purchaser's submission of a satisfactory bond or escrow agreement guaranteeing completion of the work within one year.
(B) Habitable floor area; standards. No floor area, in any dwelling or part thereof, shall be considered as constituting the habitable floor area, unless such floor area meets at least the following minimum standards.
(1) In a one-floor single-family dwelling, or in the first floor area of any other dwelling, clear ceiling height shall be at least seven feet six inches.
(2) In the second floor area of any dwelling, a clear ceiling height of at least seven feet six inches in at least two-thirds of such floor area and a clear ceiling height of not less than five feet in the remaining one-third of such floor area shall be required.
(3) No portion of any room which is less than seven feet in width shall be included in determining the habitable floor area.
(4) Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant thereof and at least one hundred additional square feet of habitable floor area for every additional occupant thereof, but in no case shall any dwelling unit contain less than the minimum number of square feet of habitable floor area as required by other provisions of this code.
(5) One-floor single-family dwellings shall have a minimum habitable floor area of 780 square feet in addition to a basement or utility room. The basement shall have a minimum floor area of 400 square feet or the utility room shall have a minimum floor area of 150 square feet.
(6) Any single-family dwelling consisting of more than one floor shall have a minimum first floor habitable floor area of 624 square feet and a minimum second floor habitable floor area of 624 square feet, in addition to a basement or utility room. The basement shall have a minimum habitable floor area of 450 square feet, or the utility room shall have a minimum floor area of 150 square feet.
(7) Each two-family dwelling shall have a basement and first and second floor, each of which shall have a minimum habitable floor area of 750 square feet.
(8) A one-floor double house shall have a minimum habitable floor area of 750 square feet in each suite, in addition to a basement or utility room for each suite. Each of the basements shall have a minimum floor area of 400 square feet and each of the utility rooms shall have a minimum floor area of 150 square feet.
(9) A two-floor double house, or any double house other than a one-floor double house, shall have a minimum first floor habitable floor area of 650 square feet in each suite, in addition to a basement or utility room for each suite. The basements shall each have a minimum floor area of 325 square feet, and the utility rooms shall each have a minimum floor area of 150 square feet.
(10) Each dwelling unit shall contain not less than three rooms (exclusive of basement or utility room) and an additional room or rooms containing toilet and bath facilities.
(11) The rooms required to be provided by division (B) (10) shall consist of or include rooms of the following classification or intended use. Such rooms shall contain minimum habitable floor areas in the following amounts:
(a) One bedroom having a minimum habitable floor area of 100 square feet and a minimum width of eight feet.
(b) One other room having a minimum habitable floor area of 150 square feet and a minimum width of ten feet.
(c) One kitchen having a minimum habitable floor area of 90 square feet.
(d) One room providing toilet and bath facilities, containing at least a water closet, lavatory, and tub or stall shower, the fixtures in which room shall be arranged so as to provide at least a 90 degree door swing, and which rooms shall have a minimum width of at least three feet.
(e) Such other closets and dressing rooms as may be incidental to the dwelling.
(f) If a breakfast room is provided, it shall have a minimum habitable floor area of 50 square feet.
(g) No utility room shall be used as a garage.
(h) No space in the minimum habitable floor area shall be used as an open or enclosed porch or garage, or used as a storage space, except for the storage of fuel in the basement.
(12) In addition to the minimum habitable floor areas required above, dwelling units shall provide the minimum gross floor areas required by Chapter 154.
(C) Habitable rooms below grade; restrictions. No basement of any dwelling shall be used as a sleeping room or kitchen facility. No room which has its floor level below grade shall be occupied as a habitable room unless it shall conform to all of the following standards, in addition to all other requirements for habitable rooms:
(1) The room shall have been, prior to the effective date of this chapter, originally designed and constructed for or legally converted to, use as a habitable room.
(2) The walls and floor enclosing the room shall be maintained in such condition as to prevent the entrance of moisture into the habitable space.
(3) All required openings for light and ventilation shall be located entirely above the average adjoining grade. However, such openings may face upon an areaway or window well where the width of such well, measured perpendicularly to the building wall at such opening, is not less than the distance from the bottom of the window to the finished grade at such window.
(4) The height of the finished ceiling of such room above the average adjoining ground level shall be at least 50% of the clear ceiling height of the room.
(D) Required window area. Every habitable room shall be provided with natural light by one or more windows, or approved equivalent, facing upon an approved open space. The aggregate glass area of such required windows shall be not less than 10% of the habitable floor area of the room served by them.
(E) Required ventilation area. Every habitable room shall be provided with natural ventilation by one or more openable windows or approved equivalent. The aggregate openable area of such ventilation openings shall be not less than 6% of the habitable floor area of the room served by them.
(F) Kitchens, bathrooms, and water closet compartments. Every kitchen, bathroom, and water closet compartment shall be provided with light and ventilation as prescribed for habitable rooms, except that in no case shall the aggregate glass area in each room be less than six square feet. However, where an approved exhaust ventilation system and approved artificial light is installed in such a manner as to be in operation at all times when any such room is occupied, no natural light or ventilation shall be required.
(G) Required sanitary facilities.
(1) Every dwelling unit shall be provided with not less than the following sanitary facilities contained within a room which shall afford privacy to any occupant thereof:
(a) A water closet.
(b) A bathtub or shower.
(c) A lavatory.
(2) Every dwelling unit shall be provided with one, and one only, complete kitchen or kitchenette with approved cooking, refrigeration, and sink facilities. No such kitchen facilities shall be placed within any water closet compartment or within any bathroom.
(H) Communal kitchens are prohibited.
(I) Connection of fixtures.
(1) All plumbing fixtures in a dwelling structure shall be supplied with running water from the municipal water supply system. Each dwelling structure shall have its own separate approved connection with the system.
(2) Every dwelling unit shall have an approved supply of running hot water properly connected to all plumbing fixtures normally requiring hot water.
(3) All plumbing fixtures in a dwelling structure shall be so designed and installed as to prevent contamination of the water supply system.
(4) All plumbing fixtures in a dwelling structure shall be connected to a public sanitary sewer.
(J) Rubbish and garbage disposal.
(1) Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in approved receptacles or in other approved rubbish disposal facilities.
(2) Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and other organic waste, which might provide food for insects and rodents, in a clean and sanitary manner by placing it in approved, nonleakable, nonabsorbent, covered garbage storage receptacles, or in other approved garbage disposal facilities.
(K) Heating capacity. Every dwelling unit shall be provided with approved heating facilities capable of maintaining an average temperature of 70° F. in all habitable rooms, kitchens, bathrooms, and water closet compartments when the outdoor temperature is minus five degrees Fahrenheit, without forcing the facilities to operate in excess of their design capacity.
(1) Supply of heat. The owner, operator, or agent in charge of a dwelling structure, who rents or leases any dwelling unit therein under an agreement, express, or implied, to supply or furnish heat to the occupants thereof, shall supply heat adequate to maintain an inside temperature of not less than 70° F. in all habitable rooms, bathrooms, water closet compartments, and kitchens whenever the outside temperature falls below 50°F. Such inside temperature shall be measured in the approximate center of each room, approximately three feet above the floor. The provisions of this section shall not apply where the failure to meet minimum standards is caused by a general shortage of fuel, negligent, or malicious act of the occupant or any cause beyond the control of the owner or occupant.
(M) Flue connections required. Every appliance or piece of equipment burning solid, liquid, or gaseous fuel, where permitted, shall be connected to an approved smokepipe and flue. However, any appliance approved for use without such connection is exempted from the requirements of this section.
(N) Prohibited locations of heating equipment. No heating equipment, including water heaters, which burn solid, liquid, or gaseous fuel shall be located in any bedroom, bathroom, toilet room, or any room used for sleeping purposes, unless specifically approved for such use.
(O) Electrical facilities required. Every dwelling structure and accessory structure shall be provided with approved electrical service, outlets, and fixtures, which shall be installed and maintained so as to be free of any potential source of ignition of combustible material or any potential source of electrical hazard. Such facilities shall be approved as being adequate to supply the requirements of lighting, appliances, and equipment of the structure concerned. Each kitchen shall be provided with two receptacle outlets on the walls, which may be from existing wire circuits. The living room shall be provided with a minimum of three receptacles, one on each of three walls where practical, which may be from existing wire circuits. Bedrooms shall be supplied with a minimum of two receptacles, which may be from the existing wire circuits. Dining rooms shall contain a minimum of one receptacle outlet. All receptacles at laundry trays shall be three-pronged grounded receptacles.
(P) Maintenance responsibilities.
(1) The owner of every multiple dwelling or his appointed agent shall be responsible for maintaining in a clean and sanitary condition the shared or common areas of the premises. In any multiple dwelling in which the owner thereof does not reside, there shall be designated by the owner a janitor, custodian, agent, operator, or other responsible person, who shall be considered the resident agent and who shall reside in the multiple dwelling and have charge of the same. However, where there exist two or more such multiple dwellings on one parcel of land or upon two or more contiguous parcels of land, one janitor, custodian, agent, or operator, residing in any one of the multiple dwellings, may serve as janitor, custodian, agent, or operator for all of the multiple dwellings. This requirement shall be deemed to be waived in cases where the management and operation of the property has been, by the owner, delegated to a recognized property management company having offices in the county.
(2) The owner and/or occupant of a dwelling structure or a dwelling unit in any dwelling structure shall be responsible for maintaining in a clean and sanitary condition that part of the property, dwelling unit, dwelling structure, or premises which he or she occupies, controls and or owns.
(Q) General maintenance requirements.
(1) All dwelling structures and all parts thereof, both exterior and interior, shall be maintained in good repair and shall be capable of performing the function for which such structure or part or any feature thereof was designed or intended to be used.
(2) All equipment and facilities appurtenant to a dwelling structure or dwelling unit shall be maintained in good and safe working order.
(R) Maintenance of foundations.
(1) All foundations of every dwelling structure shall be maintained structurally sound and in good repair.
(2) All foundations of every dwelling structure shall be maintained in such condition as to prevent the accumulation of moisture within the space enclosed within such foundations.
(3) All openings into the foundation of every dwelling structure shall be protected against the entrance of rodents.
(S) Maintenance of roofs, gutters, and downspouts. All roofs of every dwelling structure shall be maintained weathertight and shall be equipped with gutters and downspouts connected to a public storm sewer. However, this requirement shall be waived if, in the opinion of the Building Inspector, the drainage does not cause excessive erosion or water damage or does not create a nuisance on public or private property.
(T) Maintenance of exteriors of dwelling structures and accessory structures.
(1) All exterior walls of every dwelling structure shall be maintained weathertight and shall be maintained so as to resist decay or deterioration from any cause.
(2) Any dwelling structure or secondary or appurtenant structure whose exterior surface is bare, deteriorated, ramshackle, tumble-down, decaying, disintegrating, or in poor repair must be repaired or razed.
(a) All buckled, rotted, or decayed walls, doors, windows, porches, floors, steps, railings, trim, and their missing members must be replaced and put in good condition.
(b) All replacements must match and conform to original design or be replaced completely.
(c) All exterior wood or exterior unfinished surfaces must be sealed and painted, or the surface covered with other approved protective coating or treated to prevent rot and decay, and conform and match the existing paint or surface covering and original design or replacement thereof. All exterior walls and surfaces must be properly protected against the weather, where such are defective or lack weather protection, including lack of paint or surface covering, or have weathered due to lack of proper protective covering. This section shall not prohibit the use of approved untreated lumber where this is an appropriate part of the building design.
(3) Any dwelling structure or secondary or appurtenant structure whose exterior surface is deteriorated, decaying, disintegrating, or whose exterior surface has weathered with dirt and grime or has been impaired through peeling or flaking of the paint or other protective coating, shall be repaired, repainted, or resurfaced.
(a) All exterior surfaces shall be replaced or repaired in good condition preparatory to repainting or coating.
(b) All bare exterior surfaces which are flaking or crumbling to an extent of more than 10% of the total surface shall be replaced or sealed in a good and workmanlike manner.
(c) All new or repaired bare surfaces shall be painted or coated.
(d) All exterior surfaces weathered with dirt and grime or which are peeling or flaking to an extent of more than 10% of the total surface shall be painted or covered with approved protective coating or surface.
(U) Maintenance of interior walls and floors.
(1) All interior walls and floors of every dwelling structure shall be maintained free of holes, large cracks, and any lose or deteriorated materials.
(2) All floors within every bathroom or water closet compartment of a dwelling structure shall be made waterproof and nonabsorbent, and such waterproofing shall extend up the walls at least six inches above the floor.
(V) Infestation by pests. All dwelling structures and the premises thereof shall be maintained free from sources of breeding, harborage, and infestation by insects, vermin, or rodents.
(W) Exterior property areas. Exterior property areas of all premises shall be kept free of any debris, object, material, or condition which may create a health, accident, or fire hazard, or which is a public nuisance, or which constitutes a blighting or deteriorating influence on the neighborhood.
(X) Accessory structures.
(1) All accessory structures such as sheds, barns, garages, and such, shall either be maintained in good repair and free from health, accident, and fire hazards or shall be removed from the premises.
(2) All roofs of every accessory structure shall be equipped with gutters and downspouts connected to a public storm sewer. However, if the roof area served by a specific downspout does not exceed 500 square feet, measured horizontally, and the drainage does not, in the opinion of the Building Inspector, cause excessive erosion or water damage or does not create a nuisance on public or private property, this requirement shall be waived.
(Y) Access and egress.
(1) Every dwelling unit shall have frontage on a hardsurfaced public or approved private street.
(2) Every dwelling unit shall be provided with direct and approved means of access and egress to the outside of the dwelling structure without passing through any part of any other dwelling unit. In multiple dwellings any door which is used in connection with such means of access and egress shall be provided with a lock which can be opened from the inside without the use of a key.
(3) Every multiple dwelling shall have at least two continuous flights of stairs extending from the entrance floor to the top floor, and at least one such flight of stairs shall connect directly with an entrance hall; every dwelling unit in a multiple dwelling shall be directly accessible to the main entrance hall of such multiple dwelling by at least such stairway, and every such dwelling unit shall be directly accessible by means of a public hallway or landing to at least two such stairways. Every dwelling unit in any multiple dwelling shall have available the means of access and egress required by this section without passing through any other dwelling unit.
(Z) Lighting of public or common areas in multiple dwellings.
(1) In every multiple dwelling, all public hallways, corridors, and stairways shall be provided at all times with natural or artificial illumination equal to at least three footcandles on every part of such area.
(2) All other common areas, such as boiler rooms, laundries, basements, locker rooms, meter rooms, and cellars, shall be provided with electrical lighting facilities which, when lighted, will provide illumination equal to at least three footcandles on every part of such area.
(3) The Building Inspector shall have the authority to increase the requirements of division (Z) (1) and (2) if the degree of reflected light is not, in his opinion, adequate for safety.
(AA) Identification of dwelling units. Each dwelling unit must be identified with permanent numerals or letters placed on the front entrance to such dwelling unit.
(Am. Ord. 2009-08, passed 3-2-09) Penalty, see § 155.99