The following minimum facilities and maintenance standards shall be required for all single-family, two-family and multi-family residential rental units, as specified herein.
(a) General prohibitions. No building or structure shall be permitted to exist in a structurally defective, unsafe or unsanitary condition, or without provision for adequate and safe ingress/egress, or in a condition constituting a potential fire hazard or other danger to human life or which in relation to existing uses, immediate or in the vicinity, constitutes a hazard to the safety, health, property or welfare of the occupant(s) or the public by reason of inadequate maintenance, dilapidation, abandonment, vandalism or deterioration, or in any manner contrary to relevant zoning or building ordinances of the city or otherwise constituting a public nuisance. In addition to any requirements specified within this section of the codified ordinances, all applicable regulations provided for within Chapter 1289, Prohibited Uses and Property Conditions, of the city ordinances, shall apply and shall be subject to enforcement.
(b) Responsibility. The owner of the structure shall provide and maintain all light, ventilation, space, mechanical, electrical, plumbing and fire safety conditions, equipment, facilities and fixtures in compliance with these requirements and shall not permit the occupancy of any premises that do not comply with the requirements of this chapter and provisions of this Rental Unit Occupancy Code.
(c) Interior maintenance requirements for single-family, two-family and multi-family units.
(1) Generally. The interior of any structure and any associated equipment therein shall be maintained in a safe, structurally sound and sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a safe and sanitary condition. Every owner of a structure containing a residential rental unit shall maintain, in a safe and sanitary condition, the shared or public areas of the structure.
(2) Prohibited unsafe conditions. The following components listed in divisions (c)(2)A. through (c)(2)M. below, shall be inspected to determine unsafe conditions and any deficiencies found shall be repaired or replaced so as to comply with the Residential Code of Ohio or the Ohio Building Code as required for existing buildings. However, any preexisting construction that was legally in compliance with all relevant building codes at the time of its construction shall be grandfathered unless otherwise required by the Building and Housing Code of the city and/or unless said construction or condition is determined by the Chief Building Official of the city to constitute an immediate threat to the health, safety and welfare of the occupants or neighbors of the residential rental unit in question.
A. Structural members. All structural members shall be maintained in a safe, structurally sound condition and shall be capable of supporting imposed loads.
B. Interior components.
1. Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in a safe, operable and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
2. Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in a safe condition.
3. Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in a safe condition.
4. Interior doors. Every interior door shall be maintained in a safe and operable condition as intended by the manufacturer of the attachment hardware.
5. Duct systems. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function.
6. Mechanical appliances. All mechanical appliances, fireplaces, solid fuel burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.
7. Sanitary drainage system maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.
8. Other - dwelling unit identification. Each dwelling unit must be legibly identified with the relevant address number.
C. Rubbish and/or garbage.
1. Accumulation of rubbish and/or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish and/or garbage.
2. Disposal of rubbish and/or garbage. Every occupant of a structure containing a residential rental unit shall dispose of all rubbish and/or garbage in a clean and sanitary manner by placing such rubbish and/or garbage in approved containers or approved disposal facility.
3. Rubbish and/or garbage storage facilities. The owner or occupant of every occupied premise shall supply an approved leak-proof, covered outside rubbish and/or garbage containers or storage facility for rubbish and/or garbage, and the owner or occupant of the premises shall be responsible for providing for the removal of rubbish and/or garbage. All rubbish and/or garbage containers shall be in compliance with the requirements of the city’s Automated Rubbish Removal Program.
D. Pest elimination; infestation. Any structure in which insects or rodents are found shall be properly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re-infestation. The owner shall be responsible to keep all single-family and multi-family occupancies free from insect and rodent infestation and pest elimination. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.
E. Required kitchen facilities. Every residential rental unit shall be provided with at least one complete kitchen that includes approved cooking, refrigeration and sink facilities. No such kitchen facility shall be placed within any water closet compartment or within any bathroom. Communal kitchen areas serving more than one residential rental unit are prohibited.
F. Clothes dryer exhaust requirements.
1. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer’s instructions and shall be maintained free of obstructions.
2. Exception: listed and labeled condensing (ductless) clothes dryers.
G. Occupancy requirements.
1. Privacy requirements. Residential rental units shall be arranged to provide privacy and be separate from other adjoining spaces.
2. Minimum room widths. A habitable room, other than a kitchen, shall not be less than seven feet in any plan dimension. Kitchens shall have a clear passageway of not less than three feet between countertops and appliances or countertops and walls.
3. Bedroom and living room requirements. Every bedroom and living room shall comply with the following requirements:
a. Room area. Every living room shall contain at least 120 square feet and every bedroom shall contain not less than 70 square feet of habitable floor area if used for one occupant, and not less than 30 square feet of habitable floor area per occupant if used by more than one occupant.
b. Access from bedrooms.
i. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.
ii. Exception: units that contain fewer than two bedrooms.
c. Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located on the same story as the bedroom or an adjacent story.
d. Prohibited occupancy. Kitchens and non-habitable spaces shall not be used for sleeping purposes.
e. Other requirements. Bedrooms shall comply with the applicable provisions of this Code including, but not limited to, room area, and room width requirements of this section; the plumbing facilities and water-heating facilities requirements of division (c)(2)H. through (c)(2)J. hereof; the heating facilities and electrical receptacle requirements of division(c)(2)K. hereof; and the smoke detector and emergency escape requirements of division (c)(2)M. hereof.
4. Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
H. Plumbing facilities and fixture requirements. The provisions of this section shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.
1. Required facilities.
a. Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located.
b. Toilet rooms. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all toilet rooms and bathrooms. Every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a safe and sanitary condition.
2. Plumbing systems and fixtures.
a. Generally. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
b. Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning.
I. Water system. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Ohio Plumbing Code.
1. Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. The supply lines and fittings for every plumbing fixture shall be installed so as to prevent backflow. Plumbing fixture fittings shall provide backflow protection in accordance with ASME A112.18.1.
2. Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely and free from defects and leaks.
3. Water heating facilities.
a. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110°F.
b. A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.
J. Sanitary drainage system. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
K. Mechanical and electrical requirements. The provisions of this section shall govern the minimum mechanical and electrical facilities and equipment to be provided.
1. Heating facilities required. Heating facilities shall be provided in structures as required by this section.
2. Residential occupancies. Every dwelling unit shall be provided with approved heating facilities capable of maintaining an average temperature of 68°F in all habitable rooms, kitchens, bathrooms and water closet compartments without forcing the facilities to operate in excess of their design capacity. The inside temperature shall be measured in the approximate center of each room, approximately three feet above the floor. Cooking appliances shall not be used to provide space heating to meet the requirements of this section.
3. Mechanical equipment.
a. Removal of combustion products.
i. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.
ii. Exception: fuel-burning equipment and appliances which are labeled for un-vented operation.
b. Clearances. All required clearances to combustible materials shall be maintained.
c. Safety controls. All safety controls for fuel-burning equipment shall be maintained in a safe and effective operating condition.
d. Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.
e. Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved as per the manufacturer’s installation instructions.
4. Electrical facilities required. Every residential rental unit dwelling structure and secondary or appurtenant structure shall be provided with approved electrical service, outlets and fixtures, which shall be installed and maintained so as to be free of any potential source of ignition of combustible material or any potential source of electrical hazard. Such facilities shall be approved as being adequate to supply the requirements of lighting, appliances and equipment of the structure concerned.
a. Electrical service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Each residential rental unit dwelling shall be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 100 amperes.
b. Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the Code Official shall require the defects to be corrected to eliminate the hazard.
c. Abatement of electrical hazards associated with fire and/or water exposure.
i. Scope of provisions. The provisions of this section shall govern the repair and replacement of electrical systems and equipment.
ii. Exposure to fire and/or water. Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low voltage fuses, luminaries, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to fire and/or water shall be replaced in accordance with the provision of the Residential Code of Ohio or Ohio Building Code.
iii. Exception. Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement.
iv. Receptacles. Every habitable space in a residential rental unit dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle outlet that provides ground fault circuit interrupter protection. Every receptacle outlet located within six feet of a source of water shall have ground fault circuit interrupter protection.
L. Elevator and dumbwaiter requirements. All elevators and dumbwaiters that provide service within residential rental unit structures shall be maintained in compliance with the American Society of Mechanical Engineers ASME: A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, or be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the code official.
M. Fire safety. The provisions of this section shall govern the minimum conditions and standards for fire safety relating to residential rental dwelling structures and exterior premises, including fire safety facilities and equipment to be provided.
1. Means of egress. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the Residential Code of Ohio or the Ohio Fire Code, and where such multiple dwelling contains more than two dwelling units above the first story, the Code Official may require such additional means of egress as are, in his or her opinion, needed for the safety of the occupants of the structure.
2. Aisles. The required width of aisles in accordance with the Residential Code of Ohio or the Ohio Fire Code shall be unobstructed.
3. Locked doors. 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.
4. Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are not permitted to be placed over emergency escape and rescue openings.
5. Fire resistance ratings.
a. Fire-resistance-rated assemblies. The required fire- resistance rating of the fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained.
b. Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable.
6. Fire protection systems.
a. Maintenance. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the Ohio Building Code, the Residential Code of Ohio and the Ohio Fire Code.
b. Smoke alarms. Single- or multiple-station smoke alarms shall be installed and maintained in Groups R-2 and R-3 occupancies regulated by the Ohio Building Code and in dwelling structures regulated by the Residential Code of Ohio regardless of occupant load at all of the following locations:
i. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms;
ii. In each room used for sleeping purposes;
iii. (A) In each story within a residential rental dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In residential rental dwellings or residential rental dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.
(B) Single- or multiple-station smoke alarms shall be installed in other groups in accordance with the Ohio Fire Code.
iv. Power source.
(A) In Groups R-2 and R-3 occupancies regulated by the Ohio Building Code and in dwelling structures regulated by the Residential Code of Ohio, single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection.
(B) Exception: smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place, buildings that are not served from a commercial power source and in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes.
v. Interconnection.
(A) Where more than one smoke alarm is required to be installed per division (c)(2)M.6.a. hereof, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.
(B) Exceptions.
(I) Interconnecting is not required in buildings which are not undergoing alterations, repairs or construction of any kind.
(II) Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide for interconnection without the removal of interior finishes.
(Ord. 2011-111, passed 9-7-2011)