(A) All buildings, dwelling units, and rooming units shall provide for a healthful environment with living facilities arranged and equipped to assure such a condition.
(B) Under this section appear the fundamental requirements of this Housing Code which shall be observed in determining the fitness of a building for human habitation.
(1) No person shall occupy or allow another to occupy, or hold out for intended use for human habitation, any building, dwelling unit, or rooming unit designed or intended to be used for the purpose of human habitation which does not comply with the standards of this Housing Code and for which a valid certificate of compliance has not been issued.
(2) Minimum standards for plumbing systems and equipment shall be as follows. Every building and dwelling unit shall contain (and where applicable, rooming unit) not less than the following:
(a) A connection to a potable water supply and to the public sewer supply and to the public sewer or other approved sewage disposal system;
(b) 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;
(c) Plumbing, all of which meets the standards of the adopted Plumbing Code and which is in a state of good repair and in good working order;
(d) 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; and
(e) Installations of all hot water heating appliances according to the Plumbing Code adopted by the town and capable of supplying a continuous source of hot water, on demand, to all the required fixtures at a temperature of not less than 120°F.
(3) Minimum standards for ventilation shall be as follows. Every building, dwelling unit, and rooming unit shall contain not less than the following.
(a) Windows and the like. 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 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 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.
(b) Habitable rooms. 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, or shall have other approved, equivalent ventilation.
(c) Bathroom and water closet rooms. 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.
(d) Air conditioning in lieu of windows. Year around 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.
(4) Minimum standards for electrical systems shall be as follows. Every building, dwelling unit, and rooming unit shall contain not less than the following.
(a) Every building, dwelling unit, 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 Electric Code adopted by the town. 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.
(b) 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.
(c) All fixtures, receptacles, equipment, and wiring should be maintained in a state of good repair, safe, capable of being used, and installed in accordance with the Electric Code adopted by the town.
(d) 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 town.
(5) Minimum standards for heating shall be as follows. Every building, dwelling unit, and rooming unit shall have facilities for providing heat in accordance with either divisions (B)(5)(a) or (B)(5)(b) below, as well as complying with division (B)(5)(c) below.
(a) Central and electrical heating 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 70°F. measured at a point three feet above the floor during ordinary minimum winter conditions.
(b) Other heating facilities. Where a central or electric heating system is not provided, each dwelling unit shall be provided with sufficient fireplaces, chimney, flues, or gas vents whereby heating appliances may be connected so as to furnish a minimum temperature of 70°F measured at a point three feet above the floor during ordinary minimum winter conditions.
(c) Installation and maintenance. Heating appliances and facilities shall be installed in accordance with the Building Code adopted by the town and shall be maintained in a safe and good working condition.
(6) Minimum standards for space, use, and location shall be as follows. Every building, dwelling unit, and rooming unit shall contain not less than the following.
(a) Dwelling unit. Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant, at least 100 square feet of additional habitable floor area for each of the next three occupants, and at least 75 square feet of additional habitable floor area for each additional occupant.
(b) Room sizes.
1. Every dwelling unit and rooming unit shall contain at least the minimum room size in each habitable room as required by the Building Code adopted by the town.
2. 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) 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 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.
(d) Occupant. For the purposes of this section, a person under one year of age shall not be counted as an occupant.
(e) Ceiling height. At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet.
(f) Cellar. No cellar shall be used for living purposes.
(g) Basements. No basement shall be used for living purposes unless:
1. The floor and walls are substantially watertight;
2. The total window area, total openable window area, and ceiling height are equal to those required for habitable rooms; and
3. 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.
(7) Minimum standards for safe and sanitary maintenance shall be as follows. Every building, dwelling unit, and rooming unit shall comply at least with the following.
(a) Exterior foundation wall and roofs. Every foundation wall, exterior wall, and exterior roof shall be substantially weathertight, watertight, and rodent proof; shall be capable of affording privacy; shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. Every exterior wall shall be protected with paint or other protective covering to prevent the entrance of penetration of moisture or the weather.
(b) Interior floors, walls, and ceilings. Every floor, interior wall, and ceiling shall be substantially rodent proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load placed thereon.
(c) Windows and doors. Every window, exterior door, and basement or cellar door and hatchway shall be substantially weathertight, watertight, and rodent proof; and shall be kept in sound working condition and good repair.
(d) 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.
(e) 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.
(f) Supplied facilities. Every supplied facility, piece of equipment, or utility which is required under this Housing Code shall be so constructed and installed that it will function safely and effectively, and shall be maintained in sound working condition.
(g) Drainage. Every yard shall be properly graded so as to obtain thorough drainage and so as to prevent the accumulation of stagnant water.
(h) Egress. Every dwelling unit shall be provided with means of egress as required by the Building Code adopted by the town.
(i) Noxious weeds. Every yard and all exterior property areas shall be kept free of noxious weeds or plant growth which are in excess of 24 inches, and which cause or threaten to cause a hazard detrimental to the public health and safety.
(8) Minimum standards for control of insects, rodents, and infestations shall be as follows. Every building, dwelling unit, and rooming unit shall at least comply with the following.
(a) 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.
(b) Rodent control. Every basement or cellar window 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.
(c) 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; 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 (B)(8), 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 containing two or more dwelling units, extermination thereof shall be the responsibility of the owner, and not the tenants.
(d) Rubbish. Every dwelling unit shall be supplied with adequate rubbish storage facilities.
(e) Garbage. Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, having a capacity or not more than 30 gallons per each container.
(9) Minimum standards for structural condition shall be as follows. Every building, dwelling unit, and rooming unit shall be at least complying with the following.
(a) Walls or partitions or supporting members, sills, joists, rafters, or other structural members shall not list, lean, or buckle, and shall not be rotten, deteriorated, or damaged, and shall not have holes or cracks which might admit rodents.
(b) Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used.
(c) Foundations, foundation walls, piers, or other foundation supports shall not be deteriorated or damaged.
(d) Steps, stairs, landings, porches, or other parts or appurtenances shall be maintained in such condition that they will not fail or collapse.
(e) Adequate facilities for egress in case of fire or panic shall be provided.
(f) Interior walls and ceilings of all rooms, closets, and hallways shall 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 reasonable privacy between various spaces.
(g) The roof, flashings, exterior walls, basement walls, floors, and all doors and windows exposed to the weather shall be constructed and maintained so as to be weathertight and watertight.
(h) 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.
(i) There shall be no use of the ground for floors, or wood floors on the ground.
(Prior Code, § 9-2099) (Ord. passed 8-12-1976) Penalty, see § 151.999