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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 subsection 18.50.020B2 of 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.
D. Defined Terms:
ADDITION: An increase in floor area or height of a building or structure outside of the existing building envelope.
ADMINISTRATIVE HEARING OFFICER: A member of the building services and licensing staff who has been authorized by HAAB 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, corporation, or other entity who acts for or on behalf of others.
APARTMENT HOUSE: Any building which contains three (3) or more dwelling units otherwise subject to this code.
APPROVED: As to a 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.
BASEMENT: A floor level, any part of which is more than four feet (4') below grade for more than fifty percent (50%) of the total perimeter or more than eight feet (8') below grade at any point as floor and grade are defined in the UBC.
BATHROOM: A room containing at least one of each of the following fixtures: sink, toilet, and tub or shower. It may also include a bidet.
BEDROOM: Any space designed or used for sleeping.
BOARDING HOUSE: A building other than a hotel or motel, with three (3) or more bedrooms where direct or indirect compensation for lodging and/or kitchen facilities, not located in guestrooms, or meals are provided for boarders and/or roomers not related to the head of the household by marriage, adoption or blood. Rentals must be on at least a monthly basis.
BUILDING: Any structure which is used, designed or intended to be used for human habitation.
BUILDING CLOSURE, 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 officer or other designated authority charged with the administration and enforcement of this chapter, or the officer's designee.
BUILDING SERVICES AND LICENSING: The office of the city charged with the administration of the city's building and housing ordinances.
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.
CITATION DEADLINE: The date identified in the second notice of violation, including any authorized extension of time.
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.
CONDOMINIUM: Property or portions thereof conforming to the definition set forth in section 57-8-3, Utah Code Annotated, 1953, as amended, or its successor.
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, or alternatively, a nonportable cooktop 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 three (3) or more 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.
DWELLING UNIT: Any building or a portion thereof which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, as required by this chapter.
EFFICIENCY DWELLING UNIT: A dwelling unit containing only one habitable room with a bath and/or kitchen in the unit.
EXISTING: In existence prior to adoption hereof.
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 UBC.
FAMILY: The same as defined in title 21A of this code.
FIRE RESISTANCE OR FIRE RESISTIVE CONSTRUCTION: Construction that resists the spread of fire, as specified in the UBC.
FIRST NOTICE: The initial notice informing the person cited that a housing violation exists.
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.
GARAGE: A building or portion thereof designed, used, or intended to be used for parking or storage of a motor vehicle containing flammable or combustible liquids or gas in its tank.
GLAZING: Light transmitting glass or plastic installed in windows, doors and skylights, including safety glass, but not including glass block.
HAAB: The city's housing advisory and appeals board created pursuant to title 2, chapter 2.21 of this 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 likely to occur within the next ninety six (96) hours but which has not yet occurred or which is not serious enough to be considered an "imminent danger". "Hazardous conditions" consist of any of the following:
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 subsection 18.50.060B2b of this chapter;
3. Improper, missing, misused or malfunctioning electrical service or disconnect devices;
4. Cracked, displaced or missing foundations resulting in settlement and structural damage;
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 likely to occur 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 likely to occur within the next ninety six (96) hours but is not likely to occur immediately;
13. Except as defined under "imminent danger" below, 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 specified otherwise by this code.
HISTORIC BUILDING: Any building or structure which has been designated for preservation by Salt Lake City pursuant to title 21A of this code or its successor, 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 an historic district designated pursuant to title 21A of this code.
HOTEL: Any building containing guestrooms intended or designed to be used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests on a daily basis.
HOTEL/MOTEL ROOM: A room or combination of rooms (suite) offered as a single unit for lodging on a daily or weekly basis.
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. 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, floor systems;
2. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split or buckle and failure is likely 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 distribution 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 and not a city system failure;
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.
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 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 DEFICIENCIES: 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 the following, and other similarly minor conditions:
1. Interior finish wall coverings missing or in disrepair;
2. Lack of paint;
3. Dripping or leaking kitchen or bathroom faucets;
4. Soffit and fascia trim of which no 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.
MULTIPLE-FAMILY STRUCTURE: A residential building containing three (3) or more dwelling units.
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.
NOTICE OF COMPLIANCE: A written notice informing the person cited that the violation has been cured.
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.
OWNER: Any person, individual, firm, corporation, associate, joint venture or partnership and its agents or assigns who has title or interest in any building, with or without accompanying actual possession, and including any person who as agent or executor, administrator, trustee or guardian of an estate has charge, care or control of any building.
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.
PERSON: Any individual, firm, corporation, association, joint venture or partnership and its agents or assigns.
PERSON CITED: The owner, owner's agent, tenant or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person who participates in, assists, directs or creates any situation that is contrary to the requirements of this chapter, and who received the notice of violation and is being held responsible for the violation.
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.
PREMISES: A lot, plot or parcel of land including the buildings or structures thereon.
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').
RESIDENTIAL BUILDING: The portions of a building that contain dwelling units.
RISE: The vertical portion of a stair step.
ROOMING HOUSE: A building or group of attached or detached buildings containing in combination at least three (3) lodging units for occupancy on at least a monthly basis, with or without board, as distinguished from hotels and motels in which rentals are generally for a daily or weekly period and occupancy is by transients.
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.
SRO (SINGLE ROOM OCCUPANCY): A congregate housing where the dwelling units have one combined sleeping and living room and may include a kitchen and/or a separate private bathroom.
SAFETY: The condition of being safe from causing harm, injury or loss.
SECOND NOTICE: The notice informing the person cited of the date that civil fines will begin to accrue if the housing violation is not corrected.
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.
SMOKE DETECTOR: An approved device which senses visible or invisible particles of combustion.
SPACE, COMMON: "Common space" means shared areas available for use by the occupants of the building.
SPACE, PRIVATE: "Private space" means the portion of a dwelling unit which is for the exclusive use of the occupants of the unit.
STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the bottom surface of the roof structure.
STRUCTURE: Anything that is built or constructed for residential occupancy, or attached to a building for residential occupancy.
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 the following as well as any violations of the standards in this chapter which have not been included in the categories of "imminent danger", "hazardous condition" or "minor deficiency":
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 roof 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;
15. Inoperable heating systems during the months of May through September;
16. Inoperable air conditioning systems, when the building is supplied with such a system and lacks other adequate forms of ventilation and the air conditioning system fails to 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 Salt Lake Valley health department;
30. Lack of garbage and rubbish storage and removal facilities as determined by the Salt Lake Valley health department regulations;
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 the Salt Lake Valley health department regulations;
32. Any building, device, apparatus, equipment, combustible materials or vegetation which, in the opinion of the chief of fire department 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 the Salt Lake City code or Salt Lake Valley health regulations;
36. Guardrails or handrails in common areas that are missing or cannot support required loads.
TOILET ROOM: A room which contains a toilet. It may also contain a sink, but does not contain a tub or shower.
UBC: The edition of the uniform building code currently adopted by the city.
UCADB: The edition of the uniform code for the abatement of dangerous buildings currently adopted by the city.
UFC: The edition of the uniform fire code currently adopted by the city.
UMC: The edition of the uniform mechanical code currently adopted by the city.
UPC: The edition of the uniform plumbing code currently adopted by the city.
UNFIT FOR HUMAN OCCUPANCY: A condition of premises which has been found by the building official to be an "imminent danger" or "hazardous condition" situation as defined by this chapter, or which fails to meet the sanitation requirements of the Salt Lake Valley health department.
VENTILATION, NATURAL: "Natural ventilation" means any openable exterior door, window or skylight which opens upon a roof, yard, court, street or alley.
YARD: An open space, other than a court, unoccupied by any structure on the lot on which a building is situated, unobstructed from the ground to the sky. (Ord. 70-09 § 6, 2009: Ord. 1-06 § 30, 2006: Ord. 52-01 § 1, 2001: Ord. 74-98 §§ 3, 4, 1998: Ord. 68-96 § 1, 1996: Ord. 55-95 § 4 (Exh. A), 1995)