(A) Generally. All buildings, dwelling units, rooming houses and rooming units shall provide for a healthful environment with living facilities arranged and equipped to assure such a condition. Under this section appear the fundamental requirements of this subchapter which shall be observed in determining the fitness of a building for human habitation.
(B) Certificate of compliance. No person shall occupy or allow another to occupy, or hold out for intended use, or allow another to hold out for intended use for human habitation any building, dwelling unit, rooming house or rooming unit designed or intended to be used for the purpose of human habitation which does not comply with the standards of this subchapter and for which a valid certificate of compliance has not been issued.
(C) Plumbing systems and equipment. Minimum standards for plumbing systems and equipment shall be: Every building and dwelling unit shall contain (and where applicable, rooming houses and rooming units) not less than the following:
(1) A connection to a potable water supply and to the public sewer or other approved sewage disposal system. If the presence of raw sewage or an open sewer in or near the dwelling, whether from broken, plugged or inoperative fixtures or pipes inside the dwelling, the code enforcement officer shall determine that a dwelling is unsafe and represents an immediate threat to life and property. This shall also include improperly operating or lack of sanitary facilities. If such a determination is made, then the officer may terminate utilities immediately;
(2) A kitchen sink, lavatory, tub or shower and a water closet, all in good working condition and installed in accordance with the adopted plumbing code, and located within the dwelling unit and accessible to the occupants. The water closet and tub or shower shall be located in a room or rooms affording privacy to the user. Minimum door size for all interior doorways shall be a 24-inch door;
(3) Plumbing, all of which meets the standards of the adopted State Residential Building Code, and Plumbing Code, and which is in a state of good repair and in good working order;
(4) Connections to the kitchen sink, lavatory and tub or shower of an adequate supply of both cold water and hot water. All water shall be supplied through an approved pipe distribution system connected to a potable water supply. All water piping shall be protected from freezing by being properly installed in protected spaces; and
(5) Installations of all hot water heating appliances according to the Plumbing Code, Residential Building Code and Electrical Code adopted by the city, and capable of supplying a continuous source of hot water, on demand, to all the required fixtures at a temperature of not more than 120°F and not less than 100°F. A gas burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on all water heaters.
(D) Ventilation. Minimum standards for ventilation shall be: Every building, dwelling unit, rooming house and rooming unit shall contain not less than the following:
(1) Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be 8% of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light-obstruction structures are located less than five feet 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 and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 15% of the total floor area of such room;
(2) Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size, as required, and capable of being held in position by window hardware;
(3) Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet rooms equipped with an approved ventilation system;
(4) Year-round mechanically ventilating conditioned air systems may be substituted for windows, as required herein, in rooms other than rooms used for sleeping purposes. Window-type air conditioning units are not included in this exception;
(5) All attic and crawl spaces shall be ventilated according to the state’s Residential Building Code; and
(6) Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with manufacturer’s instructions. It shall be vented directly to the exterior through approved means.
(E) Electrical systems. Minimum standards for electrical systems shall be: Every building, dwelling unit, rooming house and rooming unit shall contain not less than the following:
(1) Every building, dwelling unit, rooming house and rooming unit shall be wired for electric lights and convenience receptacles. Every habitable room shall contain at least two floor or wall-type electric convenience receptacles, connected in such manner as determined by the electrical code adopted by the city. In every kitchen, at least one convenient receptacle must be installed for use of kitchen appliances, this receptacle must be protected by a ground fault circuit interrupter (GFCI) receptacle. All receptacles within 24 inches of a water source or a countertop (either fixed or mobile) must be protected by a (GFCI) receptacle. There shall be installed in every bathroom a convenience wall-type, (GFCI) receptacle, according to the National Electric Code adopted by the city. There shall be installed in every bathroom, water closet room, laundry room and furnace room at least one supplied ceiling or wall-type electric light fixture. In the event wall or ceiling light fixtures are not provided in any habitable room, then each such habitable room shall contain at least three floor or wall-type electric convenience receptacles;
(2) Every public hall and stairway in every multiple dwelling shall be adequately lighted by electric lights at all times when natural daylight is not sufficient;
(3) All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used, and installed in accordance with the Electrical Code adopted by the city; and
(4) The minimum capacity of the service supply and the main disconnect switch shall be sufficient to carry adequately the total load, as required by the Electrical Code adopted by the city, and in no case shall the service be less than 100 amps per dwelling unit.
(F) Heating. Minimum standards for heating shall be: Every building, dwelling unit, rooming house and rooming unit shall have facilities for providing heat in accordance with either divisions (F)(1) or (F)(2) below, as well as complying with division (F)(3) below.
(1) Central and electrical systems. Every central or electric heating system shall be of sufficient capacity so as to heat each dwelling unit to which it is connected with a minimum temperature of 68°F measured at a point three feet above the floor during ordinary minimum winter conditions.
(2) Other heating facilities. Where a central or electric heating system is not provided, each dwelling unit shall have adequate heating appliances installed and maintained in good and safe working condition, and capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments so as to furnish a minimum temperature of 68°F measured at a point three feet above the floor during ordinary minimum winter conditions. Under no circumstances will portable heating devices be permitted as a primary source for heating. In addition, each dwelling unit shall be provided with sufficient chimneys, flues, gas vents and/or fireplaces in accordance with the provisions of the State Building Code, State Residential Code and State Mechanical Code.
(3) Installation and maintenance. Heating appliances and facilities shall be listed by Underwriters Laboratory or another approved listing agency and installed in accordance with the Building Code, State Residential Code, State Mechanical Code and National Electric Code, and shall be maintained in safe and good working condition.
(4) Fireplaces. Fireplaces used for heating ventilation shall be maintained according to the following criteria:
(a) Fireplaces shall be closed with masonry when the chimney is used as a flue for a stove;
(b) A stove shall be within six feet of a thimble serving it;
(c) No combustible material shall be within 12 inches of a stovepipe, unless the stovepipe is listed by an approved listing agency and installed in accordance with the manufacturer’s guidelines;
(d) No stovepipe shall pass-through combustible walls, unless the stovepipe is listed by an approved listing agency and installed in accordance with the manufacturer’s guidelines;
(e) Fireplaces may be used for supplementary heat only, and not as the main or primary source of heating for the structure; and
(f) Unvented gas heaters or logs cannot be used as a primary source of heat and cannot be located in any rooms used for sleeping purposes. If installed, it must meet the manufacturer’s guidelines in regards to space, use, location and ventilation.
(G) Space, use and location. Minimum standards for space, use and location shall be: Every building, dwelling unit, rooming house and rooming unit shall contain not less than the following.
(1) Dwelling unit. Every dwelling unit shall contain at least 240 square feet of habitable floor area and at least 100 square feet of additional habitable floor area for each additional occupant in excess of three.
(2) Room sizes.
(a) Every dwelling unit, rooming house and rooming unit shall contain at least the minimum room size in each habitable room as required by the Building Code and the Residential Code.
(b) In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under 12 years of age.
(c) The number of persons occupying a dwelling unit shall not create conditions that, in the opinion of the Code Official, endanger the life, health, safety or welfare of the occupants.
(3) Floor area calculation. Floor area shall be calculated on the basis of habitable room area. However, closet area and hall area within the dwelling unit, where provided, may count for not more than 10% of the required habitable floor area. The floor area of any part of any room where the ceiling height is less than four-and-one-half feet shall not be considered as part of the floor area in computing the total floor area of the room to determine maximum permissible occupancy.
(4) Occupant. For the purpose of this division (G)(4), a person under one year of age shall not be counted as an occupant.
(5) Ceiling height. At least one-half of the floor area of every room shall have a ceiling height of at least seven feet.
(6) Cellar. No cellar shall be used for living purposes.
(7) Basement. No basement shall be used for living purposes unless:
(a) The floor and walls are substantially water-tight;
(b) The total window area, total openable window area and ceiling height are equal to those required for habitable rooms; and
(c) The required minimum window area of every habitable room is entirely above the grade adjoining such window area, except where the window or windows face a stairwell, window well or accessway.
(H) Safe and sanitary maintenance. Minimum standards for safe and sanitary maintenance shall be: Every building, dwelling unit, rooming house and rooming unit shall comply at least with the following.
(1) Exterior foundation walls and roofs. Every foundation wall, exterior wall and exterior roof shall be substantially weather-tight and rodent-proof; shall be capable of affording privacy; adhere to all ventilation requirements in division (D)(5) above; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. All exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights shall be maintained weather-resistant and water-tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.
(2) Insulation. Every dwelling unit shall have a minimum of R-19 insulation in the attic area. The approved types include blown insulation, bat insulation or other insulation equivalent to the total of R-19 insulation value, as approved by the state’s Residential Code. A minimum clear opening into each attic space of 14 inches by 24 inches shall be provided to allow for access, inspection and repair. The Chief Code Enforcement Officer, or designee, can grant a waiver of this requirement in the event that this requirement would necessitate major alterations of the structure, or would produce harmful accumulations of heat or moisture that cannot be removed by ventilation.
(3) Interior floors, walls and ceilings. Every floor, interior wall and ceiling shall be substantially weather-tight, water-tight and rodent-proof; and shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. Every tub or shower shall have a wall surface constructed and maintained so as to be substantially impervious to water, and shall be maintained in a clean and sanitary condition.
(4) Windows and doors. Every window, exterior door and basement or cellar door and hatchway shall be substantially weather-tight, water-tight and rodent-proof; and shall be kept in sound working condition and good repair. Doors shall be provided at all doorways leading to bedrooms, toilet rooms and bathrooms and all rooms adjoining a public space. All doors leading to the exterior must have an apparatus for opening and closing the door on both sides, a locking mechanism, and shall be kept in sound working condition and good repair.
(5) Stairs, porches and appurtenances. Every inside and outside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair. Handrails and guardrails must be installed per the guidelines of the state’s Residential Code, as adopted by the city.
(6) Bathroom floors. Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained so as to be substantially impervious to water, and so as to permit such floor to be easily kept in a clean and sanitary condition.
(7) Supplied facilities. Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed and installed that it will function safely and effectively, and shall be maintained in sound working condition.
(8) Drainage. Every yard shall be properly graded so as to obtain thorough drainage as to prevent the accumulation of stagnant water and to allow positive drainage around the foundation of the dwelling unit, rooming house or rooming unit.
(9) Egress. Every dwelling shall have a means of egress, as required by the state’s Residential Code adopted by the city.
(10) Noxious weeds. Every yard and all exterior property area shall be kept free of noxious weeds or plant growth which are in excess of 12 inches, and which cause or threaten to cause a hazard detrimental to the public health and safety.
(I) Insects, rodents and infestations. Minimum standards for control of insects, rodents and infestations shall be: Every building, dwelling unit, rooming house and rooming unit shall at least comply with the following.
(1) Screens. For protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall have supplied and installed screens and a self-closing device; and every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens installed so as to not be permanently affixed to the window frame, sash or structural members of the dwelling unit; and maintained in good condition without rips or tears.
(2) Rodent control. Every basement or clear window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents shall be supplied with screens installed, or such other approved device as will effectively prevent their entrance.
(3) Infestation. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises only after one attempt by the owner to exterminate; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his or her dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this division (I), whenever infestation is caused by failure of the actual owner to maintain a dwelling in a rodent-proof or reasonably insect-proof condition, extermination shall be the responsibility of the actual owner, as opposed to the tenant/occupant. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling in any dwelling units, extermination thereof shall be the responsibility of the owner, and not the tenant.
(4) Rubbish. Every dwelling unit shall be supplied with adequate rubbish storage facilities.
(5) Garbage. Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, having a capacity of not less than 30 gallons per each container.
(J) Structural condition. Minimum standards for structural conditions shall be: Every building, dwelling unit and rooming unit shall at least comply with the following.
(1) Walls or partitions, or supporting members, sills, joists, rafters or other structural member shall not list, lean or buckle, and shall not be rotted, deteriorated or damaged, and shall not have holes or cracks which might admit rodents.
(2) Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used. Roof coverings shall be maintained in good condition; no more than two roof coverings on any roof (if more than two roof coverings, the roof coverings will not have to be removed until current roof covering has deteriorated). All new roofs must be installed in accordance with the state’s Residential Code.
(3) Foundations, foundation walls (load bearing or non-load bearing), piers or other foundation supports shall not be deteriorated or damaged. All foundation walls shall be maintained plumb and free from deterioration, and shall be capable of supporting the load and remain free from open cracks and breaks, and shall be kept in such condition so as to prevent the entry of rodents and other pests.
(4) Steps, stairs, landings, porches or other parts or appurtenances shall be maintained in such condition that will not fail or collapse, or pose a danger to the occupants or the public. Handrails and guardrails must be installed per the guidelines of the state’s Residential Code, as adopted by the city.
(5) Adequate facilities for egress in case of fire or panic shall be provided as per guidelines of the state’s Residential Code, as adopted by the city.
(6) Interior walls and ceilings of all rooms, closets and hallways must be finished of suitable materials, which will, by use of reasonable household methods, promote sanitation and cleanliness, and shall be maintained in such a manner so as to enable the occupants to maintain privacy between various spaces.
(7) The roof, flashing, exterior walls, basement walls, floors and all doors and windows exposed to the weather shall be constructed and maintained so as to be weather-tight, water-tight and rodent-proof.
(8) There shall be no chimneys or parts thereof which are defective, deteriorated or in danger of falling, or in such condition or location as to constitute a fire hazard.
(9) There shall be no use of the ground for floors, or wood floors on ground.
(K) Fire safety requirements.
(1) 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.
(2) The required fire resistance rating of fire resistance-rated walls fire stops, shaft enclosures, partitions and floors shall be maintained.
(3) All habitable rooms shall have at least one window facing directly to the outdoors and easily accessible as a means of egress. No window shall have bars, boards or other obstructions which prevents egress.
(4) Smoke alarms shall be installed as follows:
(a) On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms;
(b) In each room used for sleeping purposes;
(c) In each story within a dwelling unit, including basements and cellars, but not including crawl spaces and uninhabitable attics; and
(d) Smoke alarms are permitted to be solely battery-operated in buildings where no construction is taking place. Buildings undergoing construction which constitutes the removal of interior wall or ceiling materials, exposing the structure, must install smoke detectors as required by the state’s Building Code (electric with battery back-up).
(Code 2019, § 9-39) (Ord. passed 3-9-2020) Penalty, see § 151.99