(a) Pursuant to Article IV, § 6, of the City Charter, there is hereby adopted by and for the City, for the purpose of establishing rules and regulations and providing minimum maintenance standards for all existing structures and on all existing premises, that certain code known as the International Property Maintenance Code, 2009 edition, promulgated by the International Code Council, Inc., save and except such portions as may be hereinafter amended or deleted.
(b) Any conflict between the International Property Maintenance Code, as adopted in § 1436.01, and the existing sections of these Codified Ordinances, shall be resolved in favor of the more restrictive provisions. However, nothing in the International Property Maintenance Code, as adopted in § 1436.01, shall be construed to limit or reduce the power of any official of the City or the State in the enforcement of other codes of the City or the State, including, but not limited to, zoning codes, fire codes, health codes and building codes, or to reduce the requirements imposed by such codes.
(c) All references in the International Property Maintenance Code, as adopted in § 1436.01, to the “code official” shall be construed to be the Chief Building Official of the City. All fees to be charged in connection with the International Property Maintenance Code shall be those set forth in the specific sections of these Codified Ordinances. All appeals from decisions of the Chief Building Official shall be in the manner and form set forth in the specific sections of these Codified Ordinances.
(d) At least one copy of the International Property Maintenance Code, as adopted in § 1436.01 shall be on file in the office of the Clerk of the City Council for inspection by the public.
(e) The International Property Maintenance Code, as adopted in § 1436.01, is hereby amended as follows:
Section 101.1 Title: Insert: City of Middletown.
Section 304.14 Insect screens: Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellants fans, are employed.
Section 602.3 Heat supply: Every owner or operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.
Exceptions:
1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required, provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be indicated in Appendix D of the International Plumbing Code.
2. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.
Section 602.4 Occupiable work spaces: Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied.
Exceptions:
1. Processing, storage and operation areas that require cooling or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
Chapter 8 REFERENCED STANDARDS: The referenced standards are in the following codes adopted by the City:
1. Ohio Building Code, 2007 edition (adopted in Chapter 1404 of the Codified Ordinances).
2. Residential Code of Ohio, 2004 edition (adopted in Chapter 1402 of the Codified Ordinances).
3. Ohio Fire Code, 2007 edition (adopted in Chapter 1604 of the Codified Ordinances).
(f) The following sections of the International Property Maintenance Code, as adopted in § 1436.01, are hereby specifically excluded from adoption: 103.1, 103.2, 103.3, 103.5, 111.1, 111.2, 111.3, 111.4, 111.5, 111.6, 111.7, 111.8, 302.4, 302.8, and 308.
(Ord. O2012-21, passed 6-19-2012)