(a) Maximum occupancy shall be determined by the requirements of the Building Code, Fire Code and the City zoning ordinance. A structure that does not have required Fire Code protections for the permitted maximum occupancy is in violation of this article. Upon discovery of a violation of this section and an initial citation being issued, the property owner shall, in addition to any other penalty or remedy provided by law, be required to reduce the occupancy level to that established by ordinance of this City with twenty (20) days or be subject to additional citation(s).
(b) Carbon Monoxide Detectors.
(1) An operational single station carbon monoxide detector with a suitable alarm or a combination smoke detector and carbon monoxide detector, which shall be alternating current (AC) powered, either plugged directly into an electrical source, with battery backup, shall be installed, maintained, tested, repaired or replaced, if necessary, in accordance with manufacturer's direction as follows:
A. In the sleeping rooms of any existing one (1) and two (2) family dwelling unit, apartment or lodging and rooming house intended to be rented or leased which has fuel-burning heating or cooking sources including, but not limited to, furnace, stove, or hot water heater;
B. In the sleeping rooms of any existing one (1) and two (2) family dwelling unit, apartment or lodging and rooming house that is connected to a garage, storage shed or barn, which has fuel-burning heating or cooking sources, including, but not limited to, a furnace, stove, or hot water heater;
C. All single station carbon monoxide detectors with a suitable alarm or combination smoke detector and carbon monoxide detectors shall be hardwired into alternating current (AC) electrical source, with battery back-up when installed in newly constructed one and two family dwelling units whether owned or intended to be rented or leased, apartment or lodging and rooming houses.
(2) Any person installing a carbon monoxide detector in a residential unit shall inform the owner, lessor or the occupant or occupants of the residential unit of the dangers of carbon monoxide poisoning and instructions on the operation of the carbon monoxide detector installed.
(3) When repair or maintenance work is undertaken on a fuel-burning heating or cooking source or a venting system in an existing residential unit, the person making the repair or performing the maintenance shall inform the owner, lessor or the occupant or occupants of the unit being served by the fuel burning heating or cooking source or venting system of the dangers of carbon monoxide poisoning and recommend the installation of a carbon monoxide detector.
(c) Occupancy of Roof Areas. No person other than the owner, operator, owner/operator's licensed contractor, or owner/operator's maintenance personnel when performing maintenance or other work upon a dwelling regulated by this article, other than a single-family owner-occupied dwelling, shall be on the roof, or any portion of a roof; of any structure for any reason. Should the owner or operator of a structure desire to convert a roof area so that it may be legally occupied by person, a building permit from the City shall be required. When applying for the building permit, the owner or operator shall provide to the City a written document, prepared and signed by a structural engineer, stating that the proposed structural modification to the roof will result in the roof area in question meeting both live and dead loads established by the then current State Building Code requirements, fastening requirements, and live and dead load requirements shall be met. A certificate of occupancy issued pursuant to the Building Code for the roof area shall be required before the roof area can be used or occupied. Any person who is on a roof regulated by this paragraph for purposes other than those authorized in this paragraph shall be guilty of a misdemeanor and subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
(d) Plumbing and Heating.
(1) Each apartment shall have:
A. A permanent and functioning kitchen and bathroom sink for hot and cold water and sanitary drain.
TWENTY (20) DAYS TO CORRECT
B. A flush water closet located in a room which affords privacy.
TWENTY (20) DAYS TO CORRECT
C. A bathtub or shower with permanent plumbing for hot and cold water and sanitary drain located in a room which affords privacy.
TWENTY (20) DAYS TO CORRECT
D. Functioning water heating facilities capable of meeting requirements established by the State Building Code shall be required.
TWENTY (20) DAYS TO CORRECT
E. Safe heating facilities for the entire living area.
TWENTY (20) DAYS TO CORRECT
OR TO PROVIDE ALTERNATIVE
SAFE HEATING, EXCEPT DURING
THE TIME PERIOD OF OCTOBER
1ST TO APRIL 30TH
From October 1st to April 30th of the following calendar year, upon the specific written
complaint of any tenant that the rental unit is not adequately heated, the Housing Inspector shall
inspect the heating facilities within three (3) days of receipt of complaint and, upon inspection, determine if the rental unit conforms to the following standard for adequate heating:
1. As required by the State Building Code.
2. If unable to arrange for inspection of the heating facilities with the owner/operator within the three (3) days, the Housing Inspector shall obtain a search warrant to make the inspection.
(e) Roofs.
(1) Roof drainage shall be provided to avoid discharge on steps, walkways, or entrances.
(Ord. 531. Passed 10-3-22.)