Section
Minimum Standards for Continued Use of Existing Buildings
151.01 Finding; purpose
151.02 Definitions
151.03 Fitness for human habitation or use
151.04 Structural conditions
151.05 Basic plumbing, heating and electrical equipment
151.06 Safe and sanitary maintenance
151.07 Control of insects, rodents and infestations
151.08 Responsibilities of owner and occupants
151.09 Building Inspector; powers and duties
151.10 Inspections; duties of owner and occupants
151.11 Procedure for enforcement
151.12 Complaints and orders; methods of service
151.13 In rem action by Inspector; placarding
151.14 Cost; lien on premises
151.15 Alternative remedies
151.16 Conflicts with other provisions
151.17 Violation
151.18 Effective date
151.99 Penalty
MINIMUM STANDARDS FOR CONTINUED USE OF EXISTING BUILDINGS
(A) Pursuant to G.S. § 153A-121, it is hereby declared that there exist in the county buildings (excluding farm buildings) which are unfit for human habitation, use or occupancy due to deterioration, dilapidation; defects increasing the hazards of fire, accidents and other calamities; lack of ventilation, light and sanitary facilities; and other conditions rendering the buildings unsafe or unsanitary, dangerous and detrimental to the health, safety and morals, and otherwise inimical to the safety and welfare of the residents of the county.
(B) In order to protect the health, safety and welfare of the residents of the county, as authorized by Article 6, G.S. § 153A-121(a), it is the purpose of this subchapter to establish minimum standards of fitness for initial and continued occupancy of all buildings used for human use as expressly authorized by G.S. § 153A-123(e).
(Ord. 33 § 1, passed 2-4-2002)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRI-BUSINESS. A business offering agriculture services, products, supplies or equipment for retail or private sales to farms and to the general public, excluding farm produce and products through roadside stands and/or farmer’s market facilities.
BASEMENT. A portion of a building which is located partly underground, having direct access to light and air from windows located above the level of the adjoining ground.
BUILDINGS FOR HUMAN USE.
(1) All buildings including building(s) used for dwellings or dwelling units and governed by the North Carolina State Building Code(s) (excludes farm buildings or buildings exempt from the North Carolina State Code(s)).
(2) These buildings shall include appurtenance buildings and premises.
CELLAR. A portion of a building which is located partly or wholly underground and has an inadequate access to light and air from windows.
DETERIORATED. A dwelling, a dwelling unit or building is unfit for human habitation or use and can be repaired, altered or improved to comply with all of the minimum standards established by this subchapter at a cost not in excess of 50% of its value, as determined by finding of the Inspector.
DILAPIDATED. A dwelling, a dwelling unit or building is unfit for human habitation or use and cannot be repaired, altered or improved to comply with all of the minimum standards established by this subchapter, except at a cost in excess of 50% of its value, as determined by finding of the Inspector.
DWELLING. Any building or parts of building(s), structures or parts thereof, which is wholly or partly used or intended to be used for living, sleeping or habitation by human occupants, and includes any outbuilding or appurtenances belonging thereto or usually enjoyed therewith or temporary housing, as hereinafter defined.
DWELLING UNIT. Any room or group of rooms located within a dwelling and forming a single habitable unit, with facilities which are used or intended to be used for living, sleeping, cooking and eating.
EXTERMINATION. The control and elimination of insects, rodents, vermin or other pests by removing or making inaccessible materials that may serve as the food; by poisoning, spray, fumigating or trapping; or by other recognized and legal pest elimination methods approved by the Inspector.
FARMS. Ten or more acres which are actively involved with production and/or supplies of farm products and services, and which generate income for the farmer.
GARBAGE. The organic waste resulting from the handling, preparation, cooking, consumption or disposal of food or food products.
GENDER.
(1) Words having a masculine GENDER shall include the feminine or neuter GENDERS.
(2) Words having a feminine GENDER shall include the masculine or neuter GENDERS.
(3) Words having the neuter GENDER shall include masculine or feminine GENDERS.
HABITABLE ROOM. A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, heater rooms, foyers or communicating corridors, closets and storage spaces.
INFESTATION. The presence, within or around a dwelling or other building for human use, of any insects, rodents or other pests in such number as to constitute a menace to the health, safety or welfare of the occupants or to the general public.
INSPECTOR. The Building Inspector of the county or any authorized agent of the Inspector.
MULTIPLE DWELLING. Any dwelling containing more than 2 dwelling units.
MULTIPLE OCCUPANCY. Any building(s) or complex with more than 1 occupancy classification.
OCCUPANT. Any person over 1 year of age, living, sleeping, cooking or eating in, or having actual possession of a dwelling, dwelling unit or part thereof, in which dwelling units or rooming units are let.
OPERATOR. Any person who has charge, care or control of a building, or part thereof, in which dwelling units, rooming units or other building(s) subject to the North Carolina Building Code(s).
OWNER. Any person who alone or jointly, severally with others:
(1) Shall have title to any dwelling, dwelling unit, rooming unit or other building(s) subject to the North Carolina Building Code(s), with or without accompanying actual possession thereof;
(2) Shall be a mortgagee of record for any dwelling, dwelling unit, rooming unit or other building(s) subject to the North Carolina Building Code(s); or
(3) Shall have charge, care or control of any dwelling, dwelling unit, rooming unit or other building(s) subject to the North Carolina Building Code(s), as owner or agent of the actual owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the actual OWNER. Any person thus representing the actual OWNER shall be bound to comply with the pro-visions of this subchapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he or she were the OWNER.
PUBLIC NUISANCE. Any activity, building, material or condition which exists in such a state or place on or around any premises and is a detriment or a threat to property, the safety, welfare or well-being of occupants, neighbors and/or the general public.
SEPTIC SYSTEMS and SEWAGE DISPOSAL. A public or private system which takes affluent waste and returns it to the earth in such a manner as to neutralize any toxins, harmful bacteria or other contaminates.
TEMPORARY ELECTRICAL. Nonpermanent or restricted power connection(s) to building service(s) or parts thereof. Temporary power is granted to facilitate partial or restricted use of building premises wiring to occupy building(s)or parts of a building(s) for a period not to exceed 120 days.
TEMPORARY HOUSING. Shall include tents, travel trailers, campers, motor homes and any other legal type of shelter with or without toilet, bathing and cooking facilities.
TEMPORARY OCCUPANCY. The restricted or conditional occupancy of and temporary housing unit or any building(s) subject to the North Carolina Building Code(s) having noncompliant conditions or other restrictions and not extending more than 120 days.
TEMPORARY SERVICE POLES or BOARDS. TEMPORARY SERVICE POLES are used for construction purpose only and not for use as permanent power, and must not be hard-wired to any building or other service system(s).
(Ord. 33 § 2, passed 2-4-2002)
(B) Illegal occupancy. No person shall occupy as owner-occupant or let to another for occupancy for use as a human habitation any dwelling, dwelling unit or other building for human use and not comply with all of the minimum standards for safety and fitness for human use and all the requirements of §§ 151.04 through 151.07 of this subchapter.
(Ord. 33 § 3, passed 2-4-2002) Penalty, see § 151.99
The following standards shall constitute the minimum standards for structural conditions for a building for human habitation or use (and future minimum housing):
(A) Walls or partitions or supporting members, sills, joists, rafters or other structural members shall not list, lean or buckle; shall not be rotted, deteriorated or damaged; and shall not have holes or cracks which might admit rodents and vermin;
(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 leaning, deteriorated or damaged;
(D) Stairways, stairs, steps, landings, porches or other parts or appurtenances shall be maintained in such condition that they will not fail or collapse and must be structurally sound. Handrails and guardrails must be maintained and be structurally sound;
(E) Adequate facilities for egress in case of fire or panic shall be provided. When the building is occupied, no required egress exit shall be barred, shackled or locked in such a manner that requires the use of keys, tools or other devices that impede immediate emergency egress;
(F) Interior walls and ceilings of all rooms, closets and hallways shall be finished of suitable materials, which will by use of reasonable 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) Roofs, 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) Chimneys, fireplaces and flues shall not be defective, deteriorated or in danger of falling, or in a condition or location as to constitute a fire hazard; and
(I) For dwellings or dwelling units, there shall be no use of the ground for floors, or wood floors on the ground.
(Ord. 33 § 4, passed 2-4-2002) Penalty, see § 151.99
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