§ 153.10 SPECIFIC REQUIREMENTS FOR DWELLINGS.
   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 which does not comply with the following requirements.
   (A)   Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to a water and sewer system approved by the Building Inspector.
   (B)   Every dwelling unit, except as otherwise permitted under division (D) of this section, shall contain a room which affords privacy to a person within the room and which is equipped with a flush water closet and a lavatory basin in good working condition, properly connected to a water and sewer system approved by the Building Inspector.
   (C)   Every dwelling unit, except as otherwise permitted under division (D) of this section, 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 Building Inspector.
   (D)   The occupants of not more than two dwelling units may share a single flush water closet, a single lavatory basin, and a single bathtub or shower, if the following conditions are met.
      (1)   Neither of the two dwelling units contains more than two rooms; however, a kitchenette or an efficiency kitchen with not more than 60 square feet of floor area shall not be counted as a room.
      (2)   The habitable area of each dwelling unit shall equal not more than 250 square feet of floor area.
      (3)   The water closets, lavatory basin, and bathtub or shower shall be in good working condition and properly connected to a water and sewer system approved by the Building Inspector.
   (E)   Every kitchen sink, lavatory basin, and bathtub or shower required under the provisions of divisions (A) through (D) of this section shall be properly connected with both hot and cold water lines; however, owner-occupied single-family dwellings, only, need not be provided with water heating facilities.
   (F)   Every dwelling unit shall be supplied with adequate rubbish storage facilities, the type and location of which are to be approved by the Building Inspector.
   (G)   Every dwelling shall have adequate garbage disposal facilities or garbage storage containers, the type and location of which are approved by the Building Inspector.
   (H)   Every dwelling unit shall have supplied water heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with hot water lines required under the provision of division (E) 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. The supplied water heating facilities shall be capable of meeting these requirements when the dwelling or dwelling unit heating facilities required under the provisions of division (N) are not in operation. The exception provided under division (E) shall also supply to the requirements of this section.
   (I)   Every dwelling unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of the state and the city.
   (J)   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 the room. Whenever walls or other portions of structures face a window of any room and the light- obstructing structures are located less than three feet from the window and extended to a level above that of the ceiling of the room, the 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 the room, the total window area of the skylight shall equal at least 15% of the total floor area of the room.
   (K)   Every habitable room shall have at least one window or skylight which can easily be opened, or some 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 or size, or minimum skylight- type window size, as required in division (J), except where there is some other device affording adequate ventilation, approved by the Building Inspector.
   (L)   Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in divisions (J) and (K); however, 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 Inspector.
   (M)   Where there is electric service available from power lines which are not more than 300 feet away from a dwelling, every habitable room of the dwelling shall contain at least two separate floor or wall-type electric convenience outlets, or one convenience outlet and one supplied ceiling-type electric light fixture.
      (1)   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.
      (2)   Every outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner.
   (N)   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 (except those used for sleeping purposes exclusively), bathrooms, and water closet compartments in every dwelling unit to a temperature of at least 70° F., at a distance three feet above floor level, under zero weather conditions.
   (O)   Every public hall and stairway in every multiple-family dwelling unit shall be adequately lighted at all times.
   (P)   During that portion of each 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 have screens with metal or plastic screen wire of not less than 16 meshes to the square inch and a self-closing device. Every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens. Screens shall not be required during this period in rooms deemed by the Health Officer or Building Inspector to be located high enough in upper stories of buildings as to be free from insects.
   (Q)   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 a screen or other device that will effectively prevent their entrance.
   (R)   Every foundation, floor, wall, ceiling, and roof shall be reasonably weathertight, watertight, and rodentproof, shall be capable of affording privacy, shall be kept in good repair, and shall be capable of safely supporting all design and imposed loads.
   (S)   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.
   (T)   Every inside and outside stair, every porch, and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause, and shall be kept in sound condition and good repair.
   (U)   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.
   (V)   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 the floor to be easily kept in a clean and sanitary condition.
   (W)   Every supplied facility, piece of equipment, or utility which is required under this chapter shall be constructed or installed so that it will function safely and effectively, and shall be maintained in satisfactory working condition.
   (X)   No owner, operator, or occupant shall cause any service, facility, equipment or utility which is required under this chapter to be removed, shut off, or discontinued for any occupied dwelling let or occupied by him or her, except for any temporary interruption that may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the Health Officer or Building Inspector.
   (Y)   No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary, and fit for human occupancy.
   (Z)   All courts, yards, or other areas on the premises outside of every dwelling shall be drained so as to prevent the accumulation of surface water, and shall be kept free from rubbish, garbage, or other matter deleterious to health or constituting a fire hazard, and from rodent infestation.
   (AA)   The Building Inspector shall determine that a dwelling is unfit for human habitation or a building is dangerous if he or she finds 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; supporting members which show 33% or more of damage or deterioration, or nonsupporting enclosing or outside walls or covering which shows 50% or more of damage or deterioration; or floors or roofs which have improperly distributed loads which are so damaged by fire, wind, or other causes as to endanger the lives, safety, or welfare of the occupants or other people in the city.
   (BB)   Every dwelling unit shall contain at least 150 square feet of floor space for the first two occupants thereof, and at least 80 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area.
   (CC)   In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by two occupants 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 35 square feet of floor space for each occupant.
   (DD)   No dwelling unit in a dwelling containing two or more dwelling units, where the dwelling unit contains two or more bedrooms, shall have such room arrangements that access to a 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 a bathroom or water closet compartment.
   (EE)   At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet. 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 the purpose of determining the maximum permissible occupancy thereof.
   (FF)   No cellar space shall be used as a habitable room or dwelling unit.
   (GG)   No basement space shall be used as a habitable room or dwelling unit unless:
      (1)   The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness.
      (2)   The total of window area in each room is equal to at least the minimum window area size as required in division (J) of this section.
      (3)   The required minimum window area is located entirely above the grade of the ground adjoining the window area.
      (4)   The total of openable window area in each room is equal to at least the minimum as required under division (K), except where there is some other device affording adequate ventilation and approved by the Building Inspector.
      (5)   The central heating plant of the dwelling in which the habitable room is located is separated from the habitable room by a one-hour fire resistive material.
(`81 Code, § 153.10) (Ord. 1486, passed 1-5-70; Am. Ord. 05-2551, passed 11-21-05) Penalty, see § 10.99