1367.03. Amendments.
   The ICC International Property Maintenance Code, 2006 Edition, as adopted in Section 1367.02 is hereby amended as follows:
   IPMC-101.1 Title (Amended): These regulations shall be known as the Property Maintenance Code of the City of Toledo hereinafter referred to as "this code."
   IPMC-101.2 Scope (Amended): This code is to protect the public health, safety and welfare in all existing structures, residential and nonresidential in use groups regulated by the Ohio Building Code and the Residential Code of Ohio, and on all existing premises by establishing minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; fixing the responsibility of owners, operators and occupants; regulating the occupancy of existing structures and premises, and providing for administration, enforcement and penalties.
   IPMC-101.3 Intent (Amended): This code shall be construed to secure its expressed intent, which is to insure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises in use groups regulated by the Ohio Building Code and the Residential Code of Ohio. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein, except as exempted in Toledo Municipal Code Section 1367.01(c).
   IPMC-102.7 Referenced standards (Amended): The standards referenced in this code and listed in the Ohio Building Code and the Residential Code of Ohio, Toledo Municipal Code Part Thirteen - Building Code and Chapter 8 of this Property Maintenance Code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced standards, the provisions of this code shall apply.
   IPMC-102.3 Application of other codes (Amended): Any repairs, additions or alterations to a structure, or changes of occupancy shall be done in accordance with the procedures and provisions of the building, plumbing and mechanical codes and NFiPA 70 listed in the Ohio Building Code.
   IPMC-106.4 Penalty (Amended): Any person who shall violate a provision of this code shall, upon conviction thereof, be subject to a fine or penalty in accordance with Toledo Municipal Code Chapter 1319, or both at the discretion of the court. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
   IPMC-106.3 Prosecution (Amended): In case of any unlawful acts the code official shall institute an appropriate action or proceeding at law to exact the penalty provided in Toledo Municipal Code Chapter 1319 . Also, the code official shall ask the jurisdiction's legal representative to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:
   1. To restrain, correct or remove the violation or refrain from any further execution of work;
   2. To restrain or correct the erection, installation, maintenance, repair or alteration of such structure;
   3. To require the removal of work in violation; or
   4. To prevent the occupancy of the structure that is not in compliance with the provisions of this code.
   IPMC-111.1 Application for appeal (Amended): Any person affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 10 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. The fee for filing appeals under this Chapter shall be One Hundred Fifty Dollars ($150.00). Appeals shall be filed with the Division of Building Inspection either by mail or in person. Appeal of an order issued under this Chapter does not stay the order to correct the violations.
   IPMC-111.2 Appeals Board (Amended): The Nuisance Abatement Housing Appeals Board as defined in Section 1726.04 (c) shall serve as the Appeals Boards for this Chapter.
   IPMC-111.6 Appeals Board Administration (Amended): The Appeal Board, after hearing the matter, may amend, modify, revoke or uphold the notice-order, and may extend the time for compliance with the order by the owner of such date as the majority of the board may determine. The Appeal Board, at the conclusion of the hearing and after deliberations, may render a decision immediately or take the matter under advisement. The ruling or decision of the Appeal Board is a final appealable order, but appeal to a court of competent jurisdiction will not act as a stay of the abatement order.
   IPMC-201.3 Terms defined in other codes (Amended): Where terms are not defined in this code and are defined in the building, plumbing or mechanical codes listed in the Ohio Building Code and the Residential Code of Ohio, such terms shall have the meanings ascribed to them as in those codes.
   IPMC 302.7 Accessory Structures (Amended): All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. In all districts, fencing to screen from public view the open areas of storage or outdoor business activity shall be required. The fencing shall be at least six (6) feet high, but not higher than ten (10) feet. The fence type may be shadow box, woven chain link, stockade, or a type approved by the governing authority.
   IPMC-304.14 Insect screens (Amended): During the period from April 1 to November 1, every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall have a self-closing device in good working condition.
   IPMC-308.4 Multiple occupancy (Amended): The owner of a structure containing four or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupants shall be responsible for extermination.
   IPMC-401.3 Alternative devices (Amended): In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Ohio Building Code and the Residential Code of Ohio.
   IPMC-402.1 Habitable spaces (Amended): Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total window area, measured between stops, for every habitable space shall be 8 percent of the floor area of such room, except in kitchens where artificial light is provided in accordance with the provisions of the Ohio Building Code and the Residential Code of Ohio. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) 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 nor to a court and shall not be included as contributing to the required minimum total window area for the room.
   IPMC-502.1 General (Amended): The following words and terms shall, for the purposes of this chapter and as stated elsewhere in this code, have the meanings shown herein.
   Bathroom: A room containing plumbing fixtures including a bathtub or shower.
   Plumbing: The practice, materials and fixtures utilized in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances within the scope of the plumbing code listed in the Ohio Building Code and the Residential Code of Ohio.
   Plumbing fixture: A receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises and demands a supply of water therefrom; or discharges waste water, liquid-home waste materials, or sewage either directly or indirectly to the drainage system of the premises; or which requires both a water supply connection and a discharge to the drainage system of the premises.
   Toilet room: A room containing a water closet or urinal but not a bathtub or shower.
   IPMC-602.2 Residential buildings (Amended): Every dwelling shall be provided with heating facilities capable of maintaining a room temperature of 65 degrees F. (18 degrees C.) in all habitable rooms, bathrooms and toilet rooms based on the outside design temperature required for the locality by the mechanical code listed in the Ohio Building Code and the Residential Code of Ohio.
   IPMC-602.2 Heat supply (Amended): Every owner and operator of any building who rents, leases or lets three or more dwelling units, rooming units, dormitory or guestroom on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period from November 1 to April 15 to maintain the room temperatures specified in Section PM-602.2 during the hours between 6:30 a.m. and 10:30 p.m. of each day and not less than 60 degrees F. (16 degrees C.) during other hours.
   IPMC-602.3 Exception. Room temperature exception (Amended): When the outdoor temperature is below the outdoor design temperature required for the locality by the mechanical code listed in the Ohio Building Code and the Residential Code of Ohio, the owner or operator shall not be required to maintain the minimum room temperatures, provided that the heating system is operating at full capacity, with supply valves and dampers in a full open position.
   IPMC-602.4 Occupiable work spaces (Amended): Every enclosed occupied work space shall be supplied with sufficient heat during the period from November 1 to April 15 to maintain a temperature of not less than 65 degrees F. (18 degrees C.)
Exceptions
            1.   Processing, storage and operation areas that require cooling or special temperature conditions.
            2.   Areas in which persons are primarily engaged in vigorous physical activities.
   IPMC-604.2 Service (Amended): The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFiPA 70 listed in the Ohio Building Code. Every dwelling shall be served by a main service that is not less than 60 amperes, three wires.
   IPMC-605.2 Receptacles (Amended): Receptacle requirements for dwelling units shall be in accordance with Section 1345.07.
   IPMC-605.3 Luminaires [Lighting Fixtures] (Amended): Lighting fixtures in dwelling units shall be in accordance with Sections 1345.07 and 1345.08.
   IPMC-702.1 General. Exit capacity (Amended): The capacity of the exits serving a floor shall be sufficient for the occupant load thereof as determined by the building code listed in the Ohio Building Code, the Residential Code of Ohio, and the International Fire Code.
   IPMC-702.4 Emergency escape openings (Amended): In nonresidential buildings, every occupied story more than six stories above grade shall be provided with not less than two independent exits. In residential buildings, every story exceeding two stories above grade shall be provided with not less than two independent exits. In stories where more than one exit is required, all occupants shall have access to at least two exits. Every occupied story which is both totally below grade and greater than 2,000 square feet shall be provided with not less than two independent exits.
   Exception: A single exit is acceptable under any one of the following conditions:
         1.   Where the building is equipped throughout with an automatic sprinkler system and an automatic fire detection system with smoke detectors located in all corridors, lobbies and common areas.
         2.   Where the building is equipped throughout with an automatic fire detection system and the exit is an approved smoke-proof enclosure or pressurized stairway.
         3.   Where an existing fire escape conforming to the Ohio Building Code is provided in addition to the single exit.
         4.   Where permitted by the Ohio Building Code.
   IPMC-702.5 Exit signs (Amended): All means of egress shall be indicated with approved "Exit" signs where required by the Ohio Building Code. All "Exit" signs shall be maintained visible and all illuminated "Exit" signs shall be illuminated at all times that the building is occupied.
   IPMC-702.2 Aisles (Amended): All corridors serving an occupant load greater than 30 and the openings therein shall provide an effective barrier to resist the movement of smoke. All transoms, louvers, doors and other openings shall be closed or shall be self-closing.
   Exceptions:
         1.   Corridors in occupancies in other than Use Group H which are equipped throughout with an automatic sprinkler system.
         2.   Patient room doors in corridors in occupancies in Use Group I-2 where smoke barriers are provided in accordance with the Toledo Municipal Code Part Fifteen - Fire Prevention Code, are not required to be self-closing.
         3.   Corridors in occupancies in Use Group E where each room that is occupied for instruction or assembly purposes has at least one-half of the required means of egress doors opening directly to the exterior of the building at ground level.
         4.   Corridors that are in compliance with the Ohio Building Code.
   IPMC-702.2 Aisles (Amended): Arrangements of chairs or tables and chairs shall provide for ready access by aisle accessways and aisles to each egress door. The minimum clear width of each aisle in occupancies in Use Groups A, E and I-2 shall be maintained in accordance with the requirements of the Ohio Building Code. In all other occupancies, aisles shall have a minimum required clear width of 44 inches (1118 mm) where serving an occupant load greater than 50, and 36 inches (914 mm) where serving an occupant load of 50 or less. The clear width of aisles shall not be obstructed by chairs, tables or other objects.
   IPMC-702.10 Information signs (Amended): A sign shall be provided at each floor landing in all interior stairways more than three stories above grade, designating the floor level above the floor of discharge. All elevator lobby call stations on all floor levels shall be marked with approved signs in accordance with the requirements for new buildings in the Ohio Building Code.
   Exception: The emergency sign shall not be required for elevators that are part of an accessible means of egress complying with the Ohio Building Code.
   IPMC-702.3 Locked doors (Amended): Locks or fasteners shall not be installed on egress doors except in accordance with the following conditions:
         1.   In mental, penal or other institutions where the security of inmates is necessary, in which case properly trained supervisory personnel shall be continuously on duty and approved provisions are made to remove occupants safely in case of fire or other emergency.
         2.   In problem security areas, special-purpose door alarms or locking devices shall be approved prior to installation. Manually operated edge or surface-molded flush bolts are prohibited.
         3.   Where the door hardware conforms to that permitted by the Ohio Building Code.
   PM-703.2 Hazardous material (Amended): Combustible, flammable, explosive or other hazardous materials, such as paints, volatile oils and cleaning fluids, or combustible rubbish, such as wastepaper, boxes and rags, shall not be accumulated or stored unless such storage complies with the applicable requirements of the Ohio Building Code and the Toledo Municipal Code Part Fifteen - Fire Prevention Code.
   IPMC-704.3 Power source (Amended): All detectors shall be installed in accordance with the Ohio Building Code or Toledo Municipal Code (for dwelling units only). When actuated, the smoke detectors shall provide an alarm suitable to warn the occupants within the individual room or dwelling unit.
   IPMC-704.3 Smoke and heat detection (Amended): Approved smoke or heat detectors shall be installed in return air ducts or plenums in each re-circulating air system with a capacity of more than 2,000 cfm and serving more than one floor in buildings that exceed six stories in height in accordance with the mechanical code listed in the Ohio Building Code. Actuation of the detector shall stop the fan(s) automatically and shall be of the manual-reset type. Automatic fan shutdown is not required where the system is part of an approved smoke control system.
   CHAPTER 8
   REFERENCED STANDARDS (AMENDED)
   This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgating agency of the standard, the standard identification, the effective date and title, and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section PM-101.4.
   ASME
   American Society of Mechanical Engineers
   Three Park Avenue
   New York, New York 10016- 5990
   Standard reference number      Title      Referenced in code Section number
   A17.1-90   Safety Code for Elevators and Escalators   PM-706.1
(Ord. 372-96. Passed 5-14-96; Ord. 76-00, Passed 1-18-00; Ord. 131-15. Passed 3-31-15.)