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(a) Title. These regulations shall be known specifically as the Property Maintenance Regulations of City of Greenville hereinafter referred to as "this regulation."
(b) Scope. This regulation is enacted to protect the public health, safety and welfare in all existing structures, residential and nonresidential, and on all existing premises by establishing minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; fixing the responsibility of owners, operators and occupants; regulating the occupancy of existing structures and premises, and providing for administration, enforcement and penalties.
(c) Intent. This regulation shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.
(d) Application of Other Regulations. Any repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the building, plumbing and mechanical regulations of the State of Ohio.
(e) Maintenance. Required: All equipment, systems, devices and safeguards required by this regulation or a previous statute or regulation for the structure or premises when erected or altered shall be maintained in good working order. The requirements of this regulation are not intended to provide the basis for removal or abrogation of tire protection and safety systems and devices in existing structures.
(1) Duties and powers of the inspecting official.
A. General. An inspecting official shall enforce all of the provision of this regulation. For purposes of this regulation an "inspecting official" shall be that person or persons designated by the Chief of the Greenville Fire Department to conduct property maintenance services within the City.
B. Notices and orders. The inspecting official shall issue all necessary notices or orders to ensure compliance with this regulation.
C. Right of entry. The inspecting official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the inspecting official is authorized to pursue recourse as provided by law.
(2) Notices and orders.
A. Notice to owner or to person or persons responsible. Whenever the inspecting official determines that there has been a violation of this regulation or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefore in the manner prescribed herein.
(3) Unsafe structures and equipment.
A. General. When a structure or equipment is found by the inspecting official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this regulation.
1. Unsafe structure. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is likely.
2. Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the inspecting official finds that such structure is unsafe, unlawful, or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this regulation, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
4. Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this regulation, or was erected, altered or occupied contrary to law.
B. Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the inspecting official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the inspecting official shall cause the premises to be closed through any available public agency or by contract or arrangement by private persons and the cost thereof shall be assessed against the real estate upon which the structure is located and shall be a lien upon such real estate.
C. Notice. Whenever the inspecting official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 1482.04. The notice shall be in the form prescribed in Section 1482.06.
(4) Emergency measures.
A. Imminent danger. When, in the opinion of the inspecting official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the inspecting official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The inspecting official shall cause to be posted at not less than one entrance to such structure a notice reading as follows: "This Structure is Unsafe and its Occupancy has been Prohibited by the Inspecting Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or of demolishing the same.
B. Temporary safeguards. Notwithstanding other provisions of this regulation, whenever, in the opinion of the inspecting official, there is imminent danger due to an unsafe condition, the inspecting official shall order the necessary work to be done, including the boarding-up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the inspecting official deems necessary to meet such emergency.
C. Closing streets. When necessary for the public safety, the inspecting official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
D. Emergency repairs. For the purpose of this section, the inspecting official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
E. Costs of emergency repairs. Costs and expenses incurred in the performance of emergency work shall be paid expended upon authorization of the inspecting official. The Law Director shall undertake appropriate collection action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs and expenses.
A. General. The inspecting official shall order the owner of any premises upon which is located any structure, which in the inspecting official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to raze and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to raze and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to raze and remove such structure.
B. Order. All notices and orders shall comply with Section 1482.06.
C. Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the inspecting official shall cause the structure to be razed and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such razing and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
D. Salvage materials. When any structure has been ordered razed and removed, the inspecting official shall have the right to sell the salvage and valuable materials at the highest price obtainable, pursuant to applicable Ohio law. The net proceeds of such sale, after deducting the expenses of such razing and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
(6) General requirements.
A. Scope. The provision of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
B. Responsibility. The owner of the premises shall maintain the structures and interior and exterior property in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any which does not comply with the requirements of this chapter.
C. Exterior property areas.
1. Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
2. Grading and drainage. All premises shall be graded and maintained to prevent the accumulation of stagnant water thereon, or within any structure located thereon.
Exception: Water retention areas and reservoirs approved by the inspecting official.
3. Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
4. Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
5. Exterior painting. All wood and metal surfaces, including but not limited to, window frames, doors, door frames, cornices, porches and trim shall be maintained in good condition. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted.
6. Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
7. Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rats.
8. Exterior walls. All exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
9. Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
10. Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
11. Overhang extensions. All canopies, marquees, signs, metal awnings, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
12. Stair and walking surfaces. Every stair, ramp, balcony, porch, deck or other walking surface shall comply with the provisions of all applicable law or regulation.
13. Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
14. Chimneys and towers. All chimneys, cooking towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
15. Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
16. Window and door frames. Every window, door and frame shall be kept in sound condition, good repair and weather tight.
17. Glazing. All glazing materials shall be maintained free from cracks and holes.
18. Doors. All exterior doors and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door.
19. Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rats, rain and surface drainage water.
D. Interior structure.
1. General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. Every owner of a structure containing a rooming house, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
2. Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.
3. Interior surfaces. All interior surfaces, including windows and doors shall be maintained in good, clean and sanitary condition. Cracked or loose plaster or drywall, decayed wood, and other defective surface conditions shall be corrected.
4. Stairs and railings. All interior stairs and railings shall be maintained in sound condition and good repair.
5. Stairs and walking surfaces. Every stair, ramp, balcony, porch, deck or other walking surface shall comply with the provisions of all applicable laws and regulations.
6. Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
E. Plumbing facilities and fixture requirements.
1. Scope. The provisions of this chapter shall govern the minimum plumbing facilities and plumbing fixtures to be provided.
2. Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements.
a. "Plumbing" means the practice, materials and fixtures utilized in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances within the scope of the plumbing regulation listed herein.
b. "Plumbing fixture" means a receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises, and demands a supply of water therefrom; or discharges waste water, liquid-borne waste materials, or sewage either directly or indirectly to the drainage system of the premises; or which requires both a water supply connection and a discharge to the drainage system of the premises.
4. Plumbing fixtures. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of perforating the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
5. Water system.
a. General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water.
b. Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood level rim of the fixture. Shampoo basin faucets, 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.
c. Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
d. Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110 degrees F. (43 degrees C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.
6. Sanitary drainage system.
a. General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
b. Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.
7. Storm drainage. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance.
F. Mechanical and electrical requirements.
a. Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided.
b. Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter.
2. Mechanical equipment.
a. Mechanical equipment. All mechanical equipment, fireplaces and solid fuel-burning appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.
b. Equipment access. Access to outdoor mechanical equipment shall be maintained under all weather conditions.
c. 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.
d. Flue. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.
Exception: Fuel-burning equipment and appliances which are labeled for unvented operation.
e. Clearances. All required clearances to combustible materials shall be maintained.
f. Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation.
g. Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space shall be provided for the fuel-burning equipment.
h. Energy conservation devices. Devices purporting to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved.
3. Electrical facilities. Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or 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 corrected to eliminate the hazard.
4. Electrical equipment. Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.
5. Elevators, escalators and dumbwaiters. Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate properly, and to be free from physical and fire hazards.
G. Fire safety requirements.
a. Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.
b. Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that does not comply with the requirements of this chapter.
2. Means of egress.
a. General. A safe, continuous and unobstructed means of egress shall be provided from the interior of a structure to a public way.
b. Stairways, handrails and guards. Every exterior and interior flight of stairs having more than four risers, and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than thirty inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than thirty inches (762 mm) nor more than forty-two inches (1067 mm) high, measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than thirty inches (762 mm) high above the floor of the landing, balcony, porch, deck, ramp or other walking surface.
c. Locked doors.
i. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort.
ii. Locks permitted. Locks or fasteners shall not be installed on egress doors except in accordance with the following conditions:
(a) In mental, penal or other institutions where the security of inmates is necessary, in which case properly trained supervisory personnel shall be continuously on duty and approved provisions are made to remove occupants safely in case of fire or other emergency.
(b) In problem security areas, special-purpose door alarms or locking devices shall be approved prior to installation. Manually operated edge or surface-molded flush bolts are prohibited.
(c) Where the door hardware conforms to that permitted by applicable law or regulation.
3. Accumulations and storage. Rubbish, garbage or other materials shall not be stored or allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress.
4. Fire resistance ratings.
a. General. The fire resistance rating of floors, walls, ceilings, and other elements and components shall be maintained.
b. Maintenance. All required fire doors and smoke barriers shall be maintained in good working order, including all hardware necessary for the proper operation thereof. Fire doors shall not be held open by door stops, wedges and other unapproved hold-open devices.
c. Fire alarm systems. Fire alarm systems shall be in proper operating condition at all times.
i. Control panel. The "power on" indicator shall be lit. Alarm or trouble indicators shall not be illuminated.
ii. Manual fire alarm boxes. All manual fire alarm boxes shall be operational and unobstructed.
iii. Automatic fire detectors. All automatic fire detectors shall be operational and free from any obstructions that prevent proper operation, including smoke entry.
d. Records. A complete written record of all tests and inspections of fire protection systems shall be maintained on the premises by the owner or occupant in charge of said premises.
(Ord. 09-14. Passed 2-17-09.)