(A) Kitchen and bathroom facilities: means of egress. No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements:
(1) Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to a water system and sewer system approved by the Building Commissioner.
(2) Every dwelling unit shall contain a room which affords privacy to a person with the room and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to a water and sewer system approved by the Posey County Board of Health and the Building Commissioner.
(3) Every dwelling unit shall contain, within a room which affords privacy to a person within the room, a bathtub or shower in good working condition and properly connected to a water and sewer system approved by the Posey County Board of Health and the Building Commissioner.
(4) Every kitchen sink, lavatory basin and bathtub or shower required under the provisions of divisions (A)(1) through (3) of this section shall be properly connected with both hot and cold water lines.
(5) Every dwelling unit shall be supplied with adequate rubbish storage facilities, the type and location of which is approved by the Building Commissioner.
(6) Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, the type and location of which is approved by the Building Commissioner.
(7) Every dwelling shall have supplied water heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected to hot water lines required under the provisions of division (a)(4) of this section and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at a required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120° F. Such supplied water heating facilities shall be capable of meeting the requirements of this division (A)(7) when the dwelling or dwelling unit heating facility required under the provisions of division (A)(4) of this section are not in question.
(8) Every dwelling unit shall have safe, unobstructed means of egress leading to a safe and open space at ground level, as required by laws of this state and city.
(B) Light, ventilation, heating facilities. No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling units for the purpose of living therein, which does not comply with the following minimum requirements:
(1) Every habitable room shall have at least one window or skylight directly facing the outdoors. The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light-obstructing structures are located less than three feet from the window and extend to a level above that of the ceiling of the room such 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 lease one window or skylight which can be easily opened, or such other device that will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight window size, as required in division (B)(1) of this section, except where there is supplied some other device affording adequate ventilation and approved by the Building Commissioner.
(3) Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in divisions (B)(1) and (2) of this section, except no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in continuous operation and is approved by the Building Commissioner.
(4) Where there is electric service available from power lines which are not more than 300 feet from a dwelling, every habitable room of such dwelling shall contain at least two separate wall or floor type electric convenience outlets, or one such convenience outlet and one supplied ceiling type electric light fixture. Every water closet compartment, bathroom, laundry room, furnace room, and public hall shall contain at least one supplied ceiling or wall type electric light fixture. Every such outlet and fixture shall be properly installed, maintained in good and safe working condition and connected to the source of electric power in a safe manner.
(5) Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit located therein to a temperature of at least 70°F., at a distance three feet above floor level.
(6) Every public hall or stairway in every multiple dwelling containing five or more dwelling units shall be adequately lighted at all times. Every public hall or stairway in structures devoted solely to dwelling occupancy and containing not more than four dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on as needed, instead of full-time lighting.
(7) During that portion of the year from April 1 to October 1, for protection against mosquitoes, flies, and other insects, every door opening directly from a dwelling unit to outdoor space shall be supplied with screens with metal or elastic screen wire of not less than 16 meshes to the square inch, and a self closing device. Every window or other device with opening to outdoor space used or intended to be used for ventilation, shall likewise be supplied with such screens, provided that such screens shall not be required during such period in rooms deemed by the Building Commissioner to be located high enough in upper stories of buildings as to be free from such insects, and in rooms located in areas of the city which are deemed by the Building Commissioner to have so few insects as to render screens unnecessary.
(8) Every basement or cellar 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 such a screen or other device as will effectively prevent their entrance.
(C) Construction; cleanliness; services. No person shall own, possess, occupy, or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following minimum requirements:
(1) Every foundation, floor, wall, ceiling, and roof shall be reasonably weathertight, watertight, rodentproof, shall be capable of affording privacy and shall be kept in good repair.
(2) Every window, exterior door, and basement hatchway, shall be reasonably weathertight, watertight, and rodentproof, and shall be kept in sound working condition and good repair.
(3) Every inside and outside stair, every porch and every appurtenance thereto shall be constructed as to 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.
(4) Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks and obstructions.
(5) Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.
(6) Every supplied facility, piece of equipment, or utility which is required under this subchapter shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition.
(7) No owner, operator, or occupant shall cause any service, facility, equipment or utility which is required under this subchapter to be removed from or shut off from or discontinued for any occupied dwelling let or occupied by him, except for the temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the Building Commissioner.
(8) No owner shall occupy or let to another for occupancy any vacant dwelling unit unless it is clean, sanitary and fit for human occupancy.
(9) All courts, yards, or other areas on the premises outside every dwelling shall be drained so as to prevent the accumulation of surface water, and shall be kept free from rubbish, garbage, rodent infestation, or from other matter deleterious to health or constituting a fire hazard.
(10) The Building Commissioner shall determine that a dwelling is unfit for human habitation or a building is dangerous if he finds: (a) interior walls or other vertical structural members which list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base; (b) supporting member or members which show 33% or more damage or deterioration; (c) nonsupporting enclosing or outside walls or covering which show 50% or more damage or deterioration; or (d) floors or roofs which have improperly distributed loads or which are so damaged by fire, wind, or other causes as endangers the lives, safety or welfare of the occupants or other people in the City.
(D) Floor space; room arrangement; habitable basement. No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following minimum requirements:
(1) Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof, and at least 100 additional square feet of floor space for every additional occupant thereof, the floor space being calculated on the basis of total habitable room area.
(2) In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof.
(3) No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to the bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room, nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or bathroom or water closet compartment.
(4) At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet, and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for purposes of determining the maximum permissible occupancy thereof.
(5) No cellar space shall be used as a habitable room or dwelling unit.
(6) No basement shall be used as a habitable room or dwelling unit unless:
(a) The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness;
(b) The total window area of each room is equal to at least the minimum window area size as required in division (B)(1) of this section;
(c) Such required minimum window area is located entirely above the grade of ground adjoining such window area;
(d) The total openable window area in each room is equal to at least the minimum as required in division (B)(2) of this section, except where there is supplied some other device affording adequate ventilation and approved by the Building Commissioner.
(e) The central heating plant of the dwelling in which such habitable room is located is separated from such habitable room by a one-hour fire resistive material.
(E) Owner responsible for sanitary condition. Every owner of a dwelling containing three or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling or premises thereof.
(F) Occupant responsible for sanitary conditions. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling unit and premises thereof which he occupies and controls.
(G) Rubbish and garbage disposal.
(1) Every occupant of a dwelling or a dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers required by division (A)(6) of this section.
(2) Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage storage containers required by division (A)(5) of this section.
(3) It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than four dwelling units and for all dwelling units located on the premises where more than four dwelling units share the same premises. In all other cases it shall be the responsibility of the occupant to furnish such facilities or containers.
(H) Installing screens and storm doors. Every occupant of a dwelling or dwelling unit shall be responsible for hanging all screens and double or storm doors and windows whenever the same are required under the provisions of this subchapter, or of any rule or regulation adopted pursuant thereto, except where the owner has agreed to supply such services.
(I) Extermination of insects. 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; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this section, whenever infestation exists in two or more dwelling units in any dwelling or in shared public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.
(J) Plumbing fixtures. Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of a reasonable care in the proper use and operation thereof.
(Ord. 79-49, passed 11-26-79; Am. Ord. 05-04, passed 4-11-05)