A. Purpose: The purpose of this chapter is to provide for the health, safety, and welfare of the city and its present and future inhabitants and businesses, to protect the tax base, and to protect property values within the city, as provided in Utah Code Annotated sections 10-11-1, 57-22-1 et seq., and other applicable state statutes. This purpose shall be accomplished by regulating the maintenance, repair and remodeling of nonowner occupied residential buildings existing as of the date of enactment hereof by:
1. Establishing minimum housing standards for such buildings or portions thereof used, or designed or intended to be used, for human habitation;
2. Establishing minimum standards for safety from fire and other hazards;
3. Promoting maintenance and improvement of structures by applying standards of this chapter to renovations. This chapter allows distinctions in the application of standards based on the year a structure was built, as long as a reasonable level of safety is achieved;
4. Avoiding the closure or abandonment of housing and the displacement of occupants where such can be done without sacrificing the public health, safety and welfare;
5. Providing for the administration, enforcement and penalties for this chapter.
B. Scope:
1. Application To Existing Buildings: This chapter encompasses fire safety and structural integrity of existing nonowner occupied residential buildings. Within the structures, the scope includes equipment and facilities for light, ventilation, heating, sanitation, protection from the elements, space requirements, and for safe and sanitary maintenance.
2. Owner Occupied Versus Rental Properties: The standards of this chapter apply to the interior and exterior of all buildings, dwelling units and premises which are occupied on a rental basis. For buildings or dwelling units which are occupied solely by the owner and the owner's family, all the requirements defined as imminent danger or hazardous condition situations, and those affecting the exterior of the building and premises shall apply. Other interior standards do not apply to owner occupied dwelling units.
3. Application To Remodeling Of Existing Residential Buildings: This chapter shall apply to remodeling or renovation of all nonowner occupied residential buildings existing as of the date of enactment hereof as follows:
a. This chapter applies regardless of tenancy, regardless of the valuation of the renovations, and regardless of the date of such remodeling or renovation, unless otherwise noted in this chapter.
b. Those buildings or portions thereof which conform with all applicable laws in effect at the time of their construction or whose fire resistive integrity and fire extinguishing systems have been adequately maintained and improved to accommodate any increase in occupant load, alteration or addition, or any change in occupancy may continue in accordance with the standards in effect at that time. This chapter shall not lessen such requirements for residential buildings which were constructed in compliance with the code in effect at the time of construction.
c. The requirements of this chapter are minimums. During a renovation or remodeling project, the more stringent requirements of this chapter or the codes then adopted by the city applicable to building or construction shall apply.
d. When a construction standard is omitted from this chapter, the applicable standard of the codes relating to building or construction then in effect in the city shall apply.
e. When the purpose of the renovation is to create new dwelling units, the applicable standard of the codes relating to building or construction then in effect in the city shall apply.
4. Dangerous Buildings: If any conflict exists between this chapter and the UCADB section 302, the UCADB shall control.
5. Change Of Use: Any building undergoing a change which intensifies the use, as defined in codes relating to building or construction then in effect in the city, shall comply with the most strict requirements of the building or construction codes then in effect in the city.
6. Permits Required: Except as provided in this subsection, no building or structure regulated by this chapter shall be erected, constructed, enlarged, altered, moved, removed, converted, or demolished unless a separate permit for each building or structure has first been obtained from the building official. Except where required by state law, permits are not required for the following:
a. Floor covering installation;
b. Interior and exterior painting;
c. Attaching interior finish wall coverings and similar interior finish work;
d. Replacement of glazing except where safety glazing is required by building or construction codes then in effect in the city;
e. Patching wall surfaces;
f. Installation of countertops and cabinets;
g. Replacement of interior and exterior light fixtures;
h. Replacement of electrical wall outlets and switches;
i. Replacement of kitchen or bathroom sinks, toilets or bidets where the trap and trap arm are not replaced or extended;
j. Replacement of faucets, washers and traps (when the trap is replaced with like installation and the trap arm and the existing vents and drain lines are not disturbed);
k. Repair of irrigation pipelines where the backflow preventers exist or are not being replaced;
l. Replacement of filters, belts and motors in mechanical systems;
m. Installation of battery operated smoke detectors or one hundred twenty (120) volt smoke detector;
n. Replacement of sidewalks on private property;
o. Replacement of ventilation fans;
p. Seasonal weatherization, as long as it does not prevent emergency egress.
C. Violations: It is unlawful for any person to:
1. Erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this chapter.
2. Fail to obey a notice and order issued pursuant to this chapter.
3. Occupy, or rent for occupancy, a building that has been closed to occupancy.
4. Fail to obey an interpretation, decision or requirement of the city within thirty (30) days, unless otherwise noted. (Ord. 06-10, 6-15-2006)
A. Construction Of Terms: For the purpose of this chapter, certain terms, phrases, words, and their derivations shall be construed as specified in this section. Words used in the singular include the plural, and words used in the plural include the singular.
B. Whole Includes Part: Whenever the words "apartment house", "building", "dormitory", "dwelling unit", "habitable room", "hotel", "housing unit" or "structure" are used in this chapter, such words shall be construed as if followed by the words "or any portion thereof", except for owner occupied areas as specified in this chapter.
C. Referenced Documents: References to codes, ordinances, chapters, sections, or subsections shall include any successor to such code, ordinance, chapter, section or subsection that has been adopted by the city. (Ord. 06-10, 6-15-2006)
D. Defined Terms: The hereinafter defined terms are in addition to terms defined in title 13 of this code, and are not intended to conflict with such definitions. Terms having a commonly accepted legal definition are deemed to have that definition. Where an apparent conflict with the hereinafter enumerated definitions may exist, the more restrictive definition shall control.
ADDITION: An increase in floor area or height of a building or structure outside of the existing building envelope.
ADMINISTRATIVE HEARING OFFICER: A person (who may be a member of the city's community development staff) who has been authorized by the city manager to conduct administrative hearings to establish a repair agreement between the property owner and the building official to resolve the property's deficiencies as defined by this code.
AGENT: Any person, firm, partnership, association, joint venture, LLC, or other entity acting for or on behalf of others with express written authority.
APPROVED: As to given material, mode of construction or repair, piece of equipment or device, means approved by the building official as the result of investigation and/or tests conducted by the building official, or by reason of accepted principles or tests by recognized authorities or technical or scientific organizations.
ATTIC: That portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
BATHROOM: A room containing at least one of each of the following fixtures: sink, toilet, bidet, tub or shower.
BEDROOM: Any space designed or used for sleeping.
BUILDING CLOSURE OR CLOSED TO ENTRY OR CLOSED TO UNAUTHORIZED ENTRY: A building which has been closed to occupancy.
BUILDING ENVELOPE: The space defined by existing floors, exterior walls, roof, basement and attic, but not including attached garages.
BUILDING INSPECTOR: A person designated by the building official to make inspections of buildings and properties covered by this chapter.
BUILDING OFFICIAL: The city's community development director, or his designee.
CEILING HEIGHT: The vertical distance from the finished floor to finished ceiling or to the lowest point of the ceiling framing members. Where projections other than lighting fixtures exist below the ceiling, the height shall be measured from the projection to the finished floor.
CERTIFICATE OF OCCUPANCY: A certificate issued by the building official authorizing occupancy of a building.
COMMON ROOM: A room available in congregate housing for the shared use of occupants of two (2) or more housing units. This does not include common corridors and exit passages, but does include kitchens and game rooms.
CONGREGATE HOUSING: Any building which contains facilities for living, sleeping and sanitation, as required by this chapter, and may include facilities for eating and cooking, for occupancy by other than a family. Congregate housing includes SROs, convents, monasteries, dormitories, boarding and rooming houses, hostels, fraternity and sorority houses, but does not include shelters, jails, hospitals, nursing homes, hotels or lodging houses.
COOKING FACILITY: At a minimum, a range with stove top and oven, and a sink.
CORRIDOR: A hallway that serves more than one dwelling unit.
COURT: A space, open and unobstructed to the sky, located at or above grade level and bounded on at least three (3) sides by walls of a building.
CROSS CONNECTION: Any connection or arrangement, physical or otherwise, between a potable water supply system and any plumbing fixture or any tank, receptacle, equipment or device, through which unclean or polluted water or other substances may contaminate such potable water supply system.
EFFICIENCY DWELLING UNIT: A dwelling unit containing only one habitable room with a bath and/or kitchen in the unit.
EXISTING: In existence at the time of adoption of this chapter.
EXITWAY: A continuous and unobstructed means of egress to a public way and includes any intervening aisles, doorways, gates, corridors, exterior exit balconies, ramps, stairways, smokeproof enclosures, horizontal exits, exit passageways, exit courts and yards as these terms are defined in the IBC.
FIRE RESISTANCE OR FIRE RESISTIVE CONSTRUCTION: Construction that resists the spread of fire, as specified in the IBC.
FLOOR AREA COMPUTATION: The floor area of a habitable room excluding closets, cabinets, bathrooms, and kitchens when such kitchens are separated from the habitable room by walls or other partitions.
GLAZING: Light transmitting glass or plastic installed in windows, doors and skylights, including safety glass, but not including glass block.
HAAB: Building code board of appeals, as constituted in section 113 of the international building code.
HABITABLE ROOM: A room in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility space, and similar areas are not habitable rooms.
HALL: A space used for circulating between the rooms of a building within an individual dwelling unit.
HAZARDOUS CONDITION: A condition in a residential building or dwelling unit where failure of a structural, electrical, mechanical or plumbing component system or systems is determined by the building official upon information and belief as likely to occur within the next ninety six (96) hours, but which is not determined to be serious enough to constitute an "imminent danger". Hazardous conditions include, but are not limited to:
1. All of the conditions listed under the definition of "imminent danger" if those conditions can be repaired with safety while all or the affected part of the building or unit remains occupied; or
2. "Imminent danger" conditions which have been partially secured pursuant to this chapter;
3. Cracked, displaced or missing foundations resulting in settlement and structural damage;
4. Improper, missing, misused or malfunctioning electrical service or disconnect devices;
5. Defective or deteriorated flooring or floor supports;
6. Flooring or floor supports of insufficient size to carry imposed loads with safety;
7. Members of walls, partitions or other vertical supports that crack, split, lean, list or buckle due to defective material or deterioration where failure is determined likely to occur by the building official upon information or belief within the next ninety six (96) hours, but is not likely to occur immediately;
8. Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety;
9. Members of ceilings, roofs, ceiling and roof supports, or other horizontal or vertical members which sag, split or buckle due to defective material or deterioration;
10. Inoperable toilet, bathroom sink, or bathtub or shower in a dwelling unit or congregate housing unit;
11. Lack of or inoperable kitchen sink in a dwelling unit or congregate housing unit;
12. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety such that failure is determined by the building official to be likely to occur within the next ninety six (96) hours but is not likely to occur immediately;
13. Except as defined under "imminent danger" herein, conditions that reduce the width, height or area of a required emergency exitway or required escape window;
14. All buildings or portions thereof which are not provided with the operable fire extinguishing systems or equipment required by city codes;
15. Buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies;
16. Lack of a kitchen area equipped with a working stove, oven, sink and refrigerator unless otherwise specified in this code.
HISTORIC BUILDING: Any building or structure which has been included on the city's historic site register or its historic landmark register, or has been listed on the National Register of Historic Places or on the Utah State Register of Historic Places, or is a contributory structure located in a historic district designated pursuant to this code.
HOTEL/MOTEL ROOM: A room or combination of rooms (suite) offered as a single unit for lodging on a daily or weekly basis.
IBC: The edition of the international building code currently adopted by the city.
IMMINENT DANGER: A condition in a building or dwelling unit subject to this chapter where structural, electrical, mechanical or plumbing systems have failed so that they may cause immediate death or serious injury to the building's occupants or the public as determined by the building official. Conditions of "imminent danger" are those that are so severe and dangerous that either repairs cannot be completed immediately or it is appropriate to have the residents or other occupants leave the building or unit before the repairs have begun. "Imminent danger" consists of any of the following and other similarly serious conditions:
1. Failed or missing foundations, beams, columns, or floor systems;
2. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split or buckle and failure is likely as determined by the building official to occur at any moment;
3. Broken water lines causing flooding which is undermining structural supports or otherwise endangering the building's integrity;
4. Leaking gas;
5. Missing flues or vent connectors resulting in exhaust gases entering the building;
6. Lack of adequate heating facilities during the months of October through April;
7. Overload of main and branch electrical distributions systems;
8. Exposed electrical wires, fuses and electrical current breakers capable of producing electrical shock or fire and readily accessible to the occupants or the public;
9. Stairs and stair components that cannot carry the loads intended and which may collapse if so loaded;
10. Contaminated water systems;
11. A complete absence of toilet facilities;
12. A complete lack of water supply or sewage disposal facilities as a result of a failure of a building's or dwelling unit's system;
13. Blocked emergency egress halls, corridors and/or doors, including accumulation or storage of materials in stairways, corridors, doors or windows, or other condition which blocks the means of egress.
INFESTATION: The presence of insects, rodents or other pests in or around a building in numbers that are or may be detrimental to the health, safety or general welfare of the occupants as determined by the building official.
KITCHEN: A space or room used, designed or intended to be used for the preparation of food, which includes permanently installed cooking facilities.
LISTED AND LISTING: Terms referring to equipment and materials which are shown in a list published by an approved testing agency qualified and equipped for experimental testing and maintaining an adequate periodic inspection of current productions. The listing states that the material or equipment complies with accepted national standards which are approved, or standards which have been evaluated for conformity with approved industrial standards.
MAINTENANCE: The repair, replacement and refinishing of any component of an existing structure, but does not include alteration or modification to the existing weight bearing structural components.
MINOR DEFICIENCY: A structural, electrical, mechanical or plumbing code violation that is minor in nature and is less severe or dangerous than a "substandard condition". Minor deficiencies include, but are not limited to:
1. Interior finish wall covering missing or in disrepair;
2. Lack of paint;
3. Dripping or leaking kitchen or bathroom faucets;
4. Soffit and fascia trim of which more than twenty percent (20%) is weathered, missing, or loose.
MONUMENTAL STAIRS: A stairway, exceeding four feet (4') in width, at the main entrance on the exterior of a building.
NEC: The edition of the national electrical code currently adopted by the city.
NOTICE AND ORDER: A document which:
1. Provides notice of the existence of a condition covered by this chapter;
2. Orders certain actions by the owner or owner's designee; and
3. Specifies subsequent processes.
NOTIFIED PARTY: The person or persons to whom a notice and order is issued.
OCCUPANT: A person occupying or having possession of a dwelling unit.
OPENING: An exterior glazed opening capable of being closed to the weather, consisting of a window, a glazed door, or an openable glazed skylight, which opens upon a roof, yard, court, street, alley or recess from a court.
PATTERN OF CIRCULATION: Any area in a room or group of rooms where the occupant is likely to walk because of the location of doors, fixtures or furniture placement when size of room restricts furniture placement. Fixtures, pipes and ducts projecting from the ceiling which are located near the middle of the room are within the pattern of circulation.
PLUMBING SYSTEM: Any potable water distribution piping, and any drainage piping within or below any building, including all plumbing fixtures, traps, vents and devices appurtenant to such water distribution or drainage piping and including potable water treating or using equipment, and any lawn sprinkling system.
PUBLIC WAY: Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky which is deeded, dedicated, or otherwise permanently appropriated to the public for public use and which has a clear width of not less than ten feet (10').
RISE: The vertical portion of a stair step.
RUN: The horizontal portion of a stair step, measured from the leading edge of the stair tread to a point directly beneath the leading edge of the step directly above it.
SRO (SINGLE ROOM OCCUPANCY): A congregate housing in which the dwelling units have one combined sleeping and living room and may include a kitchen and/or a separate private bathroom.
SECURED BUILDING: A building where all windows and doors are intact and lockable against unauthorized entry.
SLOPING CEILING: Any ceiling with a slope greater than one-half inch (1/2") per foot.
SPACE, COMMON: "Common space" means shared areas available for use by the occupants of the building.
SPACE, PRIVATE: "Private space" means the portion of dwelling unit which is for the exclusive use of the occupants of the unit.
SUBSTANDARD CONDITION: A structural, electrical, mechanical or plumbing system condition in a residential building or dwelling unit which violates applicable codes but with maintenance or repair can be made fully safe and which does not amount to an "imminent danger" or a "hazardous condition". Substandard conditions include, but are not limited to:
1. Deteriorated or inadequate foundations with cracking and evidence of settlement;
2. Defective or deteriorated flooring or floor supports;
3. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration;
4. Members of ceilings, roofs, ceiling and roof supports, or other members that are of insufficient size to carry live and dead loads with safety;
5. Soffit and fascia trim more than twenty percent (20%) of which is weathered, missing or loose;
6. Missing, decayed, buckling or worn out roof covering;
7. Roof having more than two (2) layers of shingle type covering;
8. Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration;
9. Parapet wall or parapet cap bricks that are loose or missing;
10. Stair risers, treads, jacks, stringers or supports that are cracked or otherwise deteriorated or missing;
11. Plumbing which was not installed in accordance with the adopted plumbing code in effect at the time of installation or with generally accepted construction practices, has not been maintained in good condition, or is not free of cross connections or siphonage;
12. Continuous running water in a toilet, bathroom sink or kitchen sink;
13. Lack of hot or cold running water to plumbing fixtures in a dwelling unit or congregate housing structure;
14. Mechanical equipment which was not installed in accordance with codes in effect at the time of installation, or with generally accepted construction practices, or which has not been maintained in good and safe condition as determined by the building official;
15. Inoperable heating systems during the months of September through May;
16. Inoperable air conditioning systems, when the building is supplied with such a system, and/or a lack of other adequate forms of ventilation and air conditioning which will keep the air temperature below eighty five degrees Fahrenheit (85°F);
17. Damaged or missing heat ducts or missing heat duct registers;
18. Electrical wiring which was not installed in accordance with codes in effect at the time of installation or with generally accepted construction practices, has not been maintained in good condition, or is not being used in a safe manner;
19. Missing light fixtures, switches and outlet and switch cover plates;
20. Overcurrent situations such as those caused by the use of electrical extension cords and multiple light fixtures;
21. Lack of the minimum natural light and ventilation required by this chapter;
22. Room and space dimensions less than that required by this chapter;
23. Dampness of habitable rooms as evidenced by condensation or mold on ceilings, walls or floors;
24. Deteriorated, crumbling or loose plaster or stucco;
25. Deteriorated or ineffective waterproofing of exterior walls, roof, foundation or floors, including broken windows or doors;
26. Deteriorated or lack of weather protection for exterior wall coverings;
27. Broken, rotted, split or buckled exterior wall coverings or roof coverings;
28. Wood has been installed within six inches (6") of earth which is not naturally decay resistant, treated wood or wood protected by an approved barrier;
29. Infestation of insects, vermin or rodents as determined by the health department;
30. Lack of garbage and rubbish storage and removal facilities as determined by the building official;
31. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, and similar materials or conditions constitute a violation of city regulations;
32. Any building, device, apparatus, equipment, combustible materials or vegetation which, in the opinion of the city's fire and emergency services provider or building official, is in such a condition as 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;
33. Any fire resistive requirement of this chapter which is not met;
34. Drainage of water from roofs or yards in a manner that creates flooding or damage to a structure;
35. Any equipment or apparatus that causes excessive noise, pollution, odor or light as defined by this code or health department regulations;
36. Guardrails or handrails in common areas that are missing or cannot support required loads.
TOILET ROOM: A room which contains a toilet.
UCADB: The edition of the uniform code for the abatement of dangerous buildings currently adopted by the city.
UNFIT FOR HUMAN OCCUPANCY: A condition of the premises which has been found by the building official to be an "imminent danger" or "hazardous condition" situation as defined in this section, or which fails to meet the sanitation requirements of the health department.
VENTILATION, NATURAL: "Natural ventilation" means any openable exterior door, window or skylight which opens upon a roof, yard, court, street or alley. (Ord. 06-10, 6-15-2006; amd. Ord. 2010-12, 6-17-2010; Ord. 2012-15, 9-20-2012)
Loading...