(A) IPMC Section 103.5 Fees, shall be deleted in its entirety.
(B) IPMC Section 111.1 Application for Appeal, shall read:
Any person directly 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 Building Standards Commission, provided that a written application for appeal is filed within 20 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, or that the strict application of this code would cause an undue hardship.
(C) IPMC Sections 111.2—111.8 shall be deleted.
(D) IPMC Section 106.3 Prosecution of Violation, shall read:
Any person failing to comply with the provisions of this code shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. The Code Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such estate.
(E) IMPC Section 112.4 Failure to Comply, shall be amended to read:
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, is subject to a fine of not less than $1 and no more than $2,000 and each day work continues in violation of this section shall be a separate offense.
(F) IPMC Section 108.2 Closing of Vacant Structures, shall read:
If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Code Official is authorized to have the structure closed. Upon the structure being closed, the Code Official will send a bill to the owner for the cost of the closure and inform and the property owner of their right to appeal the closure of the structure to the Building Standards Commission pursuant to Chapter 150, Article V, § 150.066 of the City of Whitesboro Code of Ordinances. The Code Official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the closure shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.
(G) IPMC Section 107.2 Form, shall read:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is being issued.
4. Include a correction order allowing time to make repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code.
5. Inform the property owner or owner’s authorized agent of the right to appeal.
6. Include a statement of the right to file a lien in accordance with Section 106.3.
(H) IPMC Section 108.4.1 Placarding, shall read:
The Code Official shall post on the premises or on defective equipment a placard and a statement of the penalties provided for occupying the premises, operating the equipment or removing of placard.
(I) IPMC Section 109.4 Emergency Repairs, shall be deleted.
(J) IPMC Section 109.5 Costs of Emergency Repairs, shall be deleted.
(K) IPMC Section 110.1 General, shall be amended to read:
The Code Official shall order the owner or owner’s authorized agent of any premises upon which is located any structure that is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation and occupancy, such that it is unreasonable to repair the structure, to demolish and remove such structure; to include but not be limited to, the removal of the concrete foundations and their components, porches, steps, walkways, and curbs. Lot must be left in a raked clean condition and must not pond water. The site must be graded to a smooth uniform condition that will provide adequate surface drainage without ponding.
(L) IPMC Section 302.4 Weeds, shall be deleted.
(M) IPMC Section 302.8 Motor Vehicle, shall be deleted.
(N) IPMC Section 302.9 Defacement of Property, shall be deleted.
(O) IPMC Section 303.2 Enclosures, shall be amended to read:
Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at 72 inches (1830 mm) in height above the finished ground level measured on the side of the barrier away from the pool. The remainder of the section is unchanged. Exception: When the yard in which the private swimming pool, hot tub, and spa is constructed is completely enclosed with an approved fence or barrier.”
(P) IPMC Section 304.3 Premises Identification, shall read:
Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic Numerals or alphabet letters. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch (12.7 mm). The numbers shall be on the building or a structure facing the main right- of-way. The curbs are not acceptable location for addresses for 911 purposes.
(Q) IPMC Section 304.5.1 Ventilation, shall be added and shall read:
Crawl space under buildings without basements shall be ventilated by approved mechanical means or by openings in foundation walls. The minimum net area of ventilation openings shall not be less than 1 sq. ft. for each 150 sq. ft. of crawl space area. Ventilation openings shall be covered for their height and width with any of the following materials, provided that the least dimension of the covering shall not exceed 1/4 inch (6 mm):
1. Perforated sheet metal plates not less than .070" (1.8 mm) thick.
2. Expanded sheet metal plates not less than .047" (1.2 mm) thick.
3. Cast iron grills or gratings.
4. Extruded load bearing vents.
5. Hardware cloth of .035" (.89 mm) wire or heavier.
6. Corrosion resistant wire mesh, with the least dimension not exceeding 1/8" (3.2 mm).
(R) IPMC Section 304.7.1 Ventilation, shall be added and shall read:
For gabled and hipped roofs, ventilation shall be provided to furnish cross ventilation of each separate attic space with weather protected vents. All vents shall be screened to protect the interior from intrusion of birds. The ration of total net free ventilating area to the area of the ceiling shall be not less than 1/150. That ratio may be reduced to 1/300 provided:
1. A vapor barrier having permeance not exceeding one perm is installed on the warm side of the ceiling; or
2. At least 50% and not more than 80% of the required ventilating area is provided by ventilators located in the upper portion of the space to be ventilated (at least 3 ft. (914 mm) above eave or cornice vents) with the balance of the required ventilation provided by eave or cornice vents.
For flat roofs, blocking and bridging shall be arranged so as not to interfere with the movement of air. such roofs shall be ventilated along the overhanging eaves, with the net area of opening being not less than 1/150 of the area of the ceiling below.
All openings shall be covered with screening, hardware cloth or equivalent to prevent the entry of birds, squirrels, rodents, etc. The openings therein shall not exceed 1/4 inch (6.4 mm).
(S) IPMC Section 304.14 Insert Screens, shall read:
Every door, window, and other outside opening of 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 (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition. Exception: Screens on interior doors and windows shall not be required where a central air condition system is provided.
(T) IPMC 308.2.2 Refrigerators, shall be deleted.
(U) IPMC 308.3.1 Garbage Facilities, shall be deleted.
(V) IPMC 403.2 Bathrooms and Toilet Rooms, shall be amended to read:
Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required in Section 403.1, except that a window shall not be required in such spaces equipped by a mechanical ventilation system.
(W) IPMC Section 602.3 Heat Supply, shall read:
Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68F in all habitable rooms, bathrooms, and toilet rooms.
(X) IPMC Section 602.4 Occupiable Work Spaces, shall read:
Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than 65 degrees F (18 degrees C) during the period the spaces are occupied. 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.
(Ord. 1222, passed 4- -24)