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HomeMy WebLinkAboutOrdinance 4125 ORDINANCE NO, 412 5 AN ORDINANCE AMENDING CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS, OF THE CODE OF FAYETTEVILLE, TO ADD SECTION 157.08, FIRE PREVENTION CODE, REQUIRING NOTIFICATION TO RESIDENTIAL PROPERTY OWNERS WITHIN 200 YARDS OF A BLASTING SITE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Chapter 157, Notification and Public Hearings, of the Code of Fayetteville is hereby amended to add the following: §157.08 FIRE PREVENTION CODE, Blasting. In addition to the requirements and regulations provided in the Fire Prevention Code, the applicant for a blasting permit shall notify all residential property owners located within 200 yards of a blasting site. Notification may be personal contact or by written notice left at the residence and shall contain the dates of any blasting activity. Cross Reference: Fire Prevention Code/Building Code, § 173.02. � tPASSED AND APPROVED this 17th day of November , 1998. � or APPROVED: ` Ay +p i By: Fred Hanna, Mayor ATTEST: By: �` Heather Woodruff, City Clerk STANDARD HOUSING CODE 1997 EDITION • SECOND PRINTING COPYRIGHTO 1997 BY SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC. 900 MONTCLAIR ROAD BIRMINGHAM, ALABAMA 35213-1206 205-591 -1853 PRINTED IN U.S.A. A , ��c`1 I I 1 ! NOTE: The SBCCI Standard Codes are designed for adoption b}• state or local governments br reference un/.N. Jurisdictions adopting them maY make necessan additions. deletions and amendments in their adopting document. Incorporation cf an.v parr of the SBCC! Standard Codes in codes published by states, local governments. regulaton' agencies. individuals or organizations is e.vpressly prohibited. When your jurisdiction las adopted one at, more of the SBCC! Standard Codes, please j send a cope q/rhe adapting document to the SBCC! headquarters office. I I . E SECOND PRINTING 1 1 I • I ! COPYRIGHT© 1997 I I BY SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC. 900 MONTCLAIR ROAD ! BIRMINGHAM, ALABAMA 35213-1206 f 205-591-1853 4 PRINTED IN THE U.S.A. I All rights reserved. No part of this book may be reproduced or transmitted in any form or by any neons, electronic or nnechanicol, including photocopy, recording or by an information storage arid retrieval system, without advance permission in writing from the publisher. For infortna ion contact: Chief Executive Officer, Southern Building Code Congress international. SInc.. 900 Montclair Road, Birmingham, Alabama 35213- 1206. i Standard Housing Code° 1997 I I THE STANDARD CODES ' Standard Amusement Device Code Standard Building Code Standard Existing Buildings Code Standard Fire Prevention Code Standard Gas Code Standard Housing Code Standard Mechanical Code Standard Plumbing Code Standard Swimming Pool Code Standard Unsafe Building Abatement Code CODE-RELATED PUBLICATIONS Standard for Proscenium Curtains Standard for Existing High Rise Buildings Standard for Floodplain Management Standard for Soil Expansion Standard for Sound Control Standard for Textile Nall Covering Standard for Roof Tile Test Standard for Hurricane Resistant Residential Construction Standard Building Code Commentary Standard Gas Code Commentary Standard Mechanical Code Commentary - Standard Plumbing Code Commentary One and Two Family Dwelling Code Commentary ' EDUCATION PUBLICATIONS Building Official Management Building Principles and Code Applications Electrical Inspection and Plans Examination Electrical Principles and Code Applications (Residential ) Fire Protection Principles and Code Applications Hurricane Resistant Construction Legal Aspects of Code Administration Mechanical Principles and Code Applications - One and Two Family Dwelling Inspection Plumbing Principles and Code Applications Rehabilitation and Housing Principles and Code Applications Structural Principles and Code Applications ' it Standard Housing Codec 1997 PREFACE The purpose of this code is to provide the basic minimum housing standards deemed essential for safe and healthful living. The code provides the minimum requirements necessary to maintain any residential occupancy in a safe and sanitary condition. The Standard Housing Code is one of the ten codes published and maintained by the Southern Building Code Congress International and is a minimum housing code relating principally to the use, occupancy and maintenance of existing residential buildings and shall not be construed as being a building construction code. The Standard Housing Code contains certain terminologies or references, such as "properly installed," "properly connected," ..properly constructed" and other similar terms. It is intended that these references relate to the Standard Building, Plumbing, Gas. Mechanical and other codes published by the Southern Building Code Congress International or any other codes officially adopted and administered by the governing body ol' this code. Broken vertical bars in the margin indicate changes made since the 1994 edition. Stars in the margin indicate deletions from the 1994 edition. Standard Housing Codec 1997 iii METRIC CONVERSIONS e MULTIPLY BY TO GET Length inches 25.4 mnr f( 0.30;5 nr Area sq in 645. 16 mm'- sq ft 0.0929 m= Volume cu in 0.01639 L cu ft 23.3169 L gal 3.735 L Mass Ib 0.4536 ka Mass/unit length pif (Ib/ft) 1 .4S32 kg/m Mass/unit area psf (Ib/sq ft) 4.SS2 ke/m'- Mass density pcf (Ib/cu fq 16.02 kg/m3 Force Ib 4.44S2 N Forcc/unit length plf (lb/ft) 14.5939 N/m Pressure, stress, psi 6.895 kPa modulus of elasticity psf (Ib/sq fq 47.8S Pa Second moment of arca in4 416.231 mm' Section modulus in3 16.387.064 mm3 ' Temperature °F-32 5/9 "C ( T-32)F-32) + 273. 15 5/9 K Energy, work. kWh 3.6 MI quantity of heat Btu 1055 1 A • Ib (force) 1 .3558 1 Power ton (refrig) 3.517 kW BIOS 1 .0543 kW hp (electric) 745.7 W Btu/h 0.2931 W Themtal conductance Btu/r-' • h • °F 5.6783 W/m'- •K (U value) 1 1• Thermal resistance ft' • h • °F/Btu 0. 1761 m= • KrW I� (R value) Flow gpm 0.0631 Us cfm 0.4719 Us I Illuminance footcandle (lm/sq ft) 10.76 Ix (lux) I 1 Velocity (speed) mph 0.447 nils Plane angle °(angle) 0.01745 rad iv Standard Housing Codec 1997 TABLE OF CONTENTS CHAPTER 1 ADMINISTRATION 101 TITLE AND SCOPE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 102 ORGANIZATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 103 POWERS AND DUTIES OF HOUSING OFFICIAL . . . . . . . . . . . . . . . . . . . . . . . . . . .2 104 INSPECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 105 HARDSHIPS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 106 HOUSING BOARD OF ADJUSTMENTS AND APPEALS . . . . . . . . . . . . . . . . . .3 107 APPEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 108 VIOLATIONS AND PENALTIES . . . . . . . . . . . . . . . . . . . . .4 109 VALIDITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 110 PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 CHAPTER 2 DEFINITIONS 201 GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 202 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 CHAPTER 3 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES 301 GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 302 FACILITIES REQUIRED . . . . . . . . . . . . . . . . . . . . . . . . . . .9 303 MINIMUM REQUIREMENTS FOR _ LIGHT AND VENTILATION . . . . . . . . . . . . . . . . . . . . . .10 • 304 MINIMUM REQUIREMENTS FOR ELECTRICAL SYSTEMS . . . . . . . . . . . . . . . . . . . . . . .10 305 GENERAL REQUIREMENTS FOR THE EXTERIOR AND INTERIOR OF STRUCTURES . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 306 MINIMUM DWELLING SPACE - REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 307 SANITATION REQUIREMENTS . . . . . . . . . . . . . . . . . . . .13 308 ROOMING HOUSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 309 DESIGNATION OF UNFIT DWELLINGS AND LEGAL PROCEDURE FOR CONDEMNATION . . . . . . . . . . . .13 APPENDIX A SAMPLE ORDINANCE TO ADOPT STANDARD CODES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 APPENDIX B SAMPLE HOUSING INSPECTOR'S REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 APPENDIX C SAMPLE HOUSING CODE ENFORCEMENT MASTER CONTROL CARD . . . . . . . . . . . .19 s Standard Housing Codec 1997 v ® CHAPTER 1 ADMINISTRATION 101 TITLE AND SCOPE occupancy classification as established by the building Official. 101. 1 Title Provisions in the following chapters and sections shall 101 .4.4 Repairs and alterations , not covered by the constitute and be known and may be cited as "The Standard preceding paragraphs of this section, restoring a building Housing Code" hereinafter referred to as "this code." to its condition previous to damage or deterioration, or altering it in conformity with the provisions of this code 101 .2 Code Remedial or in such manner as will not extend or increase an This code is hereby declared to be remedial , and shall be existing nonconformity or hazard, may be made with construed to secure the beneficial interests and purposes the same kind of materials as those of which the building thereof which are public safety, health and general welfare is constructed , but not more than 2590 of the roof through structural strength, stability, sanitation , adequate light and ventilation, and safety to life and property from covering of a building shall be replaced in any period of lire and other hazards incident to the construction, alteration. 12 months unless the entire roof covering is made to repair, removal , demolition, use or occupancy of residential conform with the requirements of this code for new buildings and accessory structures. buildings. 101.3 Scope 101 .5 Special Historic Buildings and Districts 101 .3. 1 The provisions of this code shall apply to all The provisions of this code relating to the construction, buildings or portions thereof, all accessory structures or alteration , repair, enlargement, restoration, relocation or portions thereof located on residential property, used or moving buildings or structures .shall not be mandatory for unused , designed or intended to be used for human existing buildings or structures identified and classified by habitation or the storage of materials associated with the state or local jurisdiction as historic buildings when such human habitation. buildings or structures are judged by the housing official to be safe and in the public interest of health , safety and 101 .3.2 This code establishes minimum standards for welfare regarding any proposed construction, alteration, occupancy, and does not replace or modify standards otherwise established for construction, replacement or repair, enlargement. restoration, relocation or moving of buildings within fire districts. The applicant must submit repair of buildings except such as are contrary to the provisions of this code. complete architectural and engineering plans and specifications beating the seal of a registered professional 101 .3.3 Buildings or structures moved into or within the engineer or architect. jurisdiction shall comply with the requirements in the Standard Building Code® for new buildings. 101.6 Maintenance All buildings or structures, both existing and new, and all 101.4 Existing Buildings parts thereof, shall be maintained in a safe and sanitary 101.4. 1 Alterations, repairs or rehabilitation work may be condition. All devices or safeguards which arc required by made to any existing building without requiring the this code in a building when erected, altered, or repaired. building to comply with all the requirements of this code shall be maintained in good working order. The owner, or provided that the alteration, repair or rehabilitation work conforms to the requirements of this code for new his designated agent , shall be responsible for the construction . The housing official .shall determine, , maintenance of buildings, structures and premises. subject to appeal to the Board of Adjustments and Appeals, the extent, if any, to which the existing building 101.7 Application of Zoning Ordinance shall be made to conform to the requirements of this code Nothing in this code shall be construed to cancel, modify or for new construction. set aside any provision of the zoning ordinance of the • ' ' . •' authority having jurisdiction. 101 .4.2 Alterations, repairs or rehabilitation work shall _ not cause an existing building to become unsafe as 102 ORGANIZATION defined in 103.2. 101 .4.3 If the occupancy classification of an existing 102.1 Enforcement Ofllccr building is changed from R1 , R2 or R3 to any other There is hereby established by the applicable governing occupancy classification, the building shall be made to body provisions for the enforcement of this code by the conform to the intent of the technical codes for the new housing official. Standard Housing Codem 1997 r 102.2 Restrictions on Employees inadequate maintenance, dilapidation, obsolescence. or , An officer or employee connected with the department, except abandonment. are considered unsafe buildings. All such one whose only connection is as a member of the board, unsafe buildings are herebv declared illegal and shall be established by this act, shall not be financially interested in the abated by repair and rehabilitation or by demolition in furnishing of labor. material, or appliances for the construction. accordance with 103.2.3. 103.2.3 and 103.2.4. alteration, or maintenance of a building, or in the making of plans or of specifications therefor. unless he is the owner of 103.2.2 Whenever the housing official determines that such building. Such officer or employee shall not engage in there are reasonable grounds to believe that there has any work which is inconsistent with his duties or with the been a violation of any provision of this code or of any interests of the department. rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons 102.3 Records responsible therefor and such alleged violations shall The housing official shall keep, or cause to be kept, a record constitute a nuisance. Such notice shall: of the business of the department . The records of the L Be put in writing: department shall be open to public inspection. 2. Include a statement of the reasons why it is being used; 103 POWERS AND DUTIES OF HOUSING OFFICIAL 3. Allow IS days to correct major violations and 30 -_ days to correct minor violations with a maximum 103. 1 Right of Entry time limit of 120 days for either, subject to 103. 1 . 1 Whenever necessary to make an inspection to approval of the housing official : and enforce any of the provisions of this code, or whenever 4. State that , if such repairs , reconstruction , the building official has reasonable cause to believe that alterations , removal or demolition are not there exists in any building or upon any premises any - voluntarily completed within the stated time as set condition or code violation which makes such building, forth in the notice , the housing official shall structure , premises , electrical . gas , mechanical or institute such legal proceedings charging the person plumbing systems unsafe, dangerous or hazardous, the or persons, firm , corporation or agent with a building official may enter such building, structure or violation of this code. d , premises at all reasonable times to inspect the same or to '- perform any duty imposed upon the building official by 103.2.3 Service of notice shall be as follows: this code. If such building or premises are occupied, he I . By delivery to the owner personally, or by leaving shall first present proper credentials and request entry. If the notice at the usual place of abode of the owner such building, structure, or premises are unoccupied, he with a person of suitable age and discretion; or shall first make a reasonable effort to locate the owner or 2. By depositing the notice in the United States Post other persons having charge or control of such and Office addressed to the owner at his last known request entry. If entry is refused, the building official address with postage prepaid thereon: or. shall have recourse to every remedy provided by law to 3. By posting and keeping posted for 24 hours a copy secure entry. : of the notice in a conspicuous place on the _ premises to be repaired. . 103. 1 .2 When the building official shall have first obtained a proper inspection warrant or other remedy 103.2.4 When a residential building is to be demolished. a provided by law to secure entry, no owner or occupant or it shall be done so in accordance with the provisions of any other persons having charge, care or control of any the Standard Unsafe Building Abatement Code. building, structure, or premises shall fail or, neglect, after proper request is made as herein provided, to promptly 103.3 Requirements Not Covered by Code permit entry therein by the building official for the , .' Any requirement, not specifically . covered by this code, purpose of inspection and examination pursuant to this found necessary for the safety, health, and general welfare code. of the occupants of any dwelling, shall be determined by the - housing official subject to appeal to the Housing Board of 103.2 Unsafe Residential Buildings Adjustments and Appeals. 103.2. 1 All residential buildings or structures used as such which are imsafe; 'unsanitary, unfit for human 103.4 Liability t . habitation , or not provided with adequate egress, or Any officer or employee, or member of the Housing Board which constitute a fire hazard, or arc otherwise dangerous ' • of Adjustments and Appeals, charged with the enforcement to human life , or which in relation to existing use of this code, in the discharge of his duties, shall not thereby constitute a hazard to safety or health by reason of render himself liable personally, and he is .hereby relieved 2 Standard Housing Codec 1997 from all personal liability for any damage that may accrue to one shall be appointed for I year, one for 2 years . and persons or property as a result of any act required or one for 3 years. Any one or more members of said board permitted in the discharge of his duties. Any suit brought shall be subject to removal or replacement by the against any officer or employee because of this code shall be appointing authority at any time for cause of stated defended by the Department of Law until the final charges after a public hearing before the appointing termination of the proceedings. authority, and a vacancy on said board shall be filled by the appointing authority for the unexpired term of such 103.5 Reports vacancy. The members of said board shall serve without The housing official shall annually submit a report to the compensation. chief administrator covering the work of the department during the preceding year. He shall incorporate in said report 106. 1.2 As soon as practical after their appointment. the a summary of the decisions of the Housing Board of members of the Housing Board of Adjustments and Adjustments and Appeals during said year. Appeals shall meet and organize by electing a chairman. vice-chairman. and secretary. Thereafter officers of the 103.6 Letter of Compliance board shall be elected by the members at the first annual A letter indicating compliance with the provisions of this meeting of the board. code may be issued by the housing official . 106.2 Meetings 104 INSPECTIONS The board shall meet at regular intervals to be determined by The housing official shall make or cause to be made the chairman but in any event the board shall meet within 10 inspections to determine the condition of residential days after notice of appeal has been received. Reasonable buildings and premises in the interest of safeguarding the notice of the place, time and date of such meetings shall be health and safety of the occupants of such buildings and of given all the members of the board and all interested panics the general public . For the purpose of making such in each case to be heard by the board. inspections, the housing official • or his agent, is hereby • authorized to enter, examine, and survey at all reasonable 106.3 Records times all residential buildings and premises. The owner or All minutes of the board meetings shall be public records occupant of every residential building or the person in and the secretary of the board shall keep all records and charge thereof shall give the housing official free access to perforin such additional duties as the board may deem such residential building and its premises, at all reasonable proper. times for the purpose of such inspection, examination. and 106.4 Duties survey. 106.4. 1 The duties of the Housing Board of Adjustments 105 HARDSHIPS and Appeals shall be: L To consider and determine appeals whenever it is Where the literal application of the requirements of this code claimed that the true intent and meaning of this would appear to cause undue hardship on atm owner or tenant code or any of its regulations have been or when it is claimed that die true intent and meaning of this misconstrued or wrongly interpreted. code or any of the regulations therein have been misconstrued 2. To permit , in appropriate cases where the or wrongly interpreted, the owner of such building or structure, application of the requirement of this code in the or his duly authorized agent• may appeal the decision of the allowance of the stated time for the performance of housing official to the Housing Board of Adjustments and any action required hereunder would appear to Appeals. as set forth in 107. cause undue hardship on an owner, one or more extensions of time, not to exceed 120 days each. 106 HOUSING BOARD OF from the date of such decision of the board . ADJUSTMENTS AND APPEALS Applications for additional extensions of time shall be heard by the board. Such requests for additional 106. 1 Appointment extensions of time shall be filed with the housing 106. 1 . 1 There is hereby created by the applicable official not less than 30 days prior to the expiration governing body a board to be known as the Housing of the current extension. Board of Adjustments and Appeals• which shall consist of not less than three members appointed by the 106.4.2 An appeal should not be considered where an governing body. The members shall be residents of the appeal case has been previously decided involving the governed area. Members of the board shall be appointed same premises. for 3 year terms, except that on the initial appointment. Standard Housing Code* 1997 3 106.5 Procedure 110 PERMITS The Housing Board of Adjustments and Appeals shall establish its own rules of procedure for accomplishment of Any owner, authorized agent, or contractor who desires to 1 its duties and functions. provided that such rules shall not be construct, enlaree, alter, repair. move, demolish, or change a 1 in conflict with the provisions of this code and the laws of residential building or structure or to cause any such work to the state, be done, shall first make application to the housinz official and obtain the required permit therefor. Ordinary minor 106.6 Decisions repairs may be made with the approval of the housing All decisions of the Housing Board of Adjustments and official without a permit, provided that such repairs shall not Appeals to vary the application of any provision of this code violate any of the provisions of this code. or to modify an order of the housing official shall specify in I what manner such variance or modification is made. the condition upon which it is made, and the reasons therefor. Even• decision shall be in writing and shall indicate the vote upon the decision. A copy of all decisions shall be promptly filed in the office of the housing official and shall be open to public inspection. The secretary shall notify the appellant in writing of the final action of the board. 107 APPEALS Any person receiving written notice from the housing 1 official of deficiencies in his property under this code may _ within 30 days following the date of such notice enter an j appeal in writing to the Housing Board of Adjustments and Appeals: Such appeal shall state the location of the property, 1 the date of the notice of violations• and the number of such notice. The appellant must state the variance or modification requested , the reasons therefor, and the hardship or conditions upon which the appeal is made. 108 VIOLATIONS AND PENALTIES Any person, firm, corporation or agent, who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect , construct, alter, demolish or move any structure. or has erected. constructed, altered, repaired, moved or demolished a building or structure in violation of this code shall be prosecuted within the limits provided by state or local laws. Each such person shall be ' deemed guilty of a separate . . offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, or continued and upon conviction of any such violation such person shall be punished within the limits and as provided by state laws. ' 109 VALIDITY ' If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. 4 Standard Housing Codec 1997 CHAPTER 2 DEFINITIONS '201 GENERAL located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceilinsi. 201 . 1 Tense, Gender and Number provided, however, that the distance from grade to ceiling For the purpose of this code, certain abbreviations, terms, shall be at least a ft 6 inches ( 1372 trim). phrases, words, and their derivatives, shall be construed as set forth in this chapter. Words used in the present tense BUILDING—any structure built for the support, shelter or include the future. Words in the masculine gender include enclosure of persons, animals. chattels, or property of any the feminine and neuter. Words in the feminine and neuter kind which has enclosing walls for 50% of its perimeter. gender include the masculine. The singular number includes The term "building" shall be construed as if followed by the the plural and plural number includes the singular. words "or part thereof." (For the purpose of this code each portion ora building separated from other portions by a fire 201 .2 Special Meaning and Words Not Defined wall shall be considered as a separate building.) 201 . 2 . 1 Words not defined herein shall have the mcanines stated in the Standard Building Code. Standard CELLAR—that portion of a building, the ceiling of which is Mechanical Code , Standard Plumbing Code . Standard entirely below grade or less than a ft 6 inches ( 1372 mm) Gas Code or Standard Fire Prevention Code. Words not above grade. defined in the Standard Codes shall have the meanings in Webster's Ninth New Collegiate Dictionary. as revised. DORNIITORY—a space in a unit where group sleeping accommodations are provided with or without meals for 201 . 2.2 Whenever the words "dwelling ." "dwelling persons not members of the same family group, in one room. units ," " rooming house ," " rooming units . " and or in a series of closely associated rooms under joint "premises" arc used in this code, they shall be construed occupancy and single management , as in college as though they were followed by the words. "or any pan dormitories , fraternity houses, military barracks and ski thereof." lodges. 202 DEFINITIONS DWELLING — when used in this code without other qualifications, means a building occupied exclusively for ADDITION—an extension or increase in floor area or residential purposes by not more than two families. height of a building or structure. DWELLING UNIT—a single unit providing complete . ALTER OR ALTERATION—any change or modification independent living facilities for one or more persons in construction or occupancy. including permanent provisions for living, sleeping. eating, cooking and sanitation. APARTMENT—a dwelling unit as defined in this code. EXTERMINATION—the control and extermination of APARTMENT HOUSE—any building or portion thereof insects , rodents , or other pests by eliminating their used as a multiple dwelling for the purpose of providing harborage places; by removing or making inaccessible three or more separate dwelling units which may share materials that may serve as their food ; by poisoning . means of egress and other essential facilities. spraying, fumigating, trapping: or by any other recognized and legal pest elimination methods. APPLICABLE GOVERNING BODY—a city, county, state, state agency or other political government subdivision or FAMILY—one or more persons living together, whether entity authorized to administer and enforce the provisions of related by blood, marriage or adoption, and having common this code, as adopted or amended. housekeeping facilities. APPROVED—approved by the housing official or other FLOOR AREA—the total area of habitable space in a • authority having jurisdiction. building or structure. BASEMENT—that portion of a building between floor and GARBAGE—the animal and veeetable waste resulting from ceiling. which is partly below and partly above grade, but so the handling, preparation . cooking , and consumption of food. Standard Housing Code* 1997 5 HABITABLE ROOM —a space in a building for living. sleeping, eating or cooking. Bathrooms, toilet compartments. closets, halls. storage or utility space. and similar areas are not considered habitable space. HOTEL —any building containing six or more guests moms intended or designed to be used, or which are used, rented or hired out to be occupied or which arc occupied for sleeping purposes by guests. HOUSING OFFICIAL —the officer, or his duly authorized representative charged with the administration and enforcement of this code. INFESTATION —the presence within or around a dwelling. of any insects, rodents, or other pests. INOPERABLE MOTOR VEHICLE —One which cannot be driven upon the public streets for reasons including but not limited to being unlicensed, wrecked. abandoned, in a state of disrepair. or incapable of being moved under its own power. MAJOR VIOLATION —A defect that exists on a property or structure that is immediately dangerous to the health. safety or welfare of the occupants. passersby or persons in contiguous areas; a defect that exists that seriously undermines that component or structural member which renders that component or member unsafe to use or exist in its present condition. MINOR VIOLATION —A defect that exists on a property or structure that in its present state of disrepair. deterioration or absence, does not constitute an immediate hazard, MULTIPLE DWELLING —any building. or portion thereof. which is occupied as the home or residence of more than two families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments. NUISANCE —the following shall be defined as nuisances: I. Any public nuisance known at common law or in equity jurisprudence. 2. Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations: abandoned refrigerators and motor vehicles: any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors. 3 Whatever is dangerous to human life or is detrimental to health, as determined by the health officer. 4. Overcrowding a room with occupants. 5. Insufficient ventilation or illumination. 6. Inadequate or unsanitary se vale or plumbing facilities. 7. Uncleanliness, as determined by the health officer. S. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the health officer. OPENABLE AREA —that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR —any person who has charge, care or control of a building or part thereof, in which dwelling units or rooming units are let. OWNER —the holder of the title in fee simple and any person, group of persons. company. association or corporation in whose name tax bills on the property are submitted. It shall also mean any person who, alone or jointly or severally with others: I. shall have legal title to any dwelling or dwelling unit. with or without accompanying actual possession thereof: or 2. shall have charge, care or control of any dwelling or dwelling unit, as owner, executor. executrix. administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possessions, or assignee of rents, lessee, or other person. firm, or corporation in control of a building: or their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of this code, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. It is his responsibility to notify the actual owner of the reported infractions of these regulations pertaining to the property which apply to the owner. PERSON —any individual, firm, corporation, association or partnership. PLUMBING —the practice. materials, and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following: Sanitary drainage or storm drainage facilities, the venting system and the public or private water supply systems. within or adjacent to any building, structure, or conveyance: also the practice and materials used in the installation, maintenance, extension, or alteration of stormwatcr, liquid waste, or sewerage, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. I ..' II 6 Standard Housing Code* 1997 PREMISES —a lot, plot or parcel of land including the buildings or structures thereon. L PUBLIC AREA —an unoccupied open space adjoining a building and on thaw same property. that is permanently maintained accessible to the lire department and free of all incumbrances that might interfere with its use by the lire department. REPAIR —the replacement of existing work with the same kind of material used in the existing work, not including additional work that would change the structural safety of the building, or that would affect or change required exit facilities a vital element of an elevator, plumbing. gas piping. wiring or heating installations, or that would be in violation of a provision of law or ordinance. The term "repair" or "repairs" shall not apply to any change of construction. REQUIRED —required by some provision of this code. RESIDENTIAL BUILDINGS —buildings in which families or households live or in which sleeping accommodations are provided, and all dormitories. Such buildings include, among others, dwellings, multiple dwellings, and rooming houses. ROOMING HOUSE —any dwelling, or that part of any dwelling containing one or more rooming units. jn which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter. mother or father. or sister or brother of the owner or operator. ROOMING UNIT —any room or group of rooms Potting a single habitable unit used or intended to be used for living and sleeping. but not for cooking or eating purposes. RUBBISH —combustible and noncombustible waste materials, except garbage, including the residue from the burning of wood, coal, coke or other combustible material. paper, rags, cartons, boxes, wood, excelsior, rubber. leather, tree branches, yard trimmings, tin cans. metal. mineral matter, glass crockery, and dust. STAIRWAY —one or more flights of stairs and the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one story to another in a building or structure. STORY —that portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above. STRUCTURE —that which is built or constructed. an edifice or building of any kind, or any piece of work artificially Standard Housing Code® 1997 built tip or composed of parts joined together in some definite manner. The term 'structure'' shall be construed as if followed by the words "or part thereof." SUPPLIED —paid for. furnished, or provided by or under control of. the owner or operator. TEMPORARY HOUSING —any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground. to another structure, or to any utilities system on the same premises for more than 30 consecutive days. VALUATION OR VALUE —as applied to a building, the estimated cost to replace the building in kind. VENTILATION —the process of supplying and removing air by natural or mechanical means to or f rom any space. YARD —an unoccupied open space other than a court. 7 r. - CTI CHAPTER 3 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES 301 GENERAL No person shall occupy as owner -occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking, or eating therein. nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements. 302 FACILITIES REQUIRED 302.1 Sanitary Facilities Every dwelling unit shall contain not less than a kitchen sink. lavatory, tub or shower, and a water closet all in good harking condition and properly connected to an approved water and sewer system. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition free from defects, leaks. and obstructions. 3022 Location or Sanitary Facilities All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet, tub or shower and lavatory shall be located in a room affording privacy to the user and such room shall have a minimum floor space of 30 sq it (2.S nr) with no dimension less than 4 ft (1219 mm). Bathrooms shall be accessible from habitable rooms, hallways, corridors or other protected or enclosed area. 302.3 Hot And Cold Water Supply Every dwelling unit shall have an adequate supply of both cold and hot water connected to the kitchen sink, lavatory. and tub or shower. All water shall be supplied through an approved distribution system connected to a potable water supply. 302.4 Water Heating Facilities Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower a[ a temperature of not less than 120°F (49°C). Such water heating facilities shall be capable of meeting the requirements of 302.4 when the dwelling or dwelling unit heating facilities required under the provisions of this code are not in operation. Apartment houses may use a centralized water heating facility capable of heating an adequate amount of water as required by die Standard Plumbing Code© to not less than 120°F (49°C). 302.5 Heating Facilities 302.5.1 Every dwelling unit shall have heating facilities which are properly installed. are maintained in sale and good working conditions, and arc capable of safely and adequately heating all habitable rooms and bathrooms. 302.5.2 Where a central heating system is not provided. each dwelling unit shall be provided with facilities whereby heating appliances may be connected. 302.5.3 Gas heaters listed for unvented use shall be permitted provided the total input rating of the heaters is less than 30 Btu per hour per cu ft (314 \V/m') of room content. Such heaters shall be prohibited in bedrooms. 302.5.4 The use of any liquid fueled unventcd heating appliance shall be permitted in one and two family residences only. providing such appliance is tested and listed by an approved laboratory according to requirements of UL 647 (19S4) and providing the fuel is stored in containers meeting ASTM ES -S for kerosene containers. 3025.3 Any metal flue pipe that has been connected to a wood heating appliance that has experienced a flue lire shall be replaced unless otherwise specified by the manufacturer's instructions. 302.5.6 Any metal (prc-fab) fire place unit that has experienced a chimney fire shall be replaced unless otherwise specified by the manufacturer's instructions. 302.6 Kitchen Facilities Every dwelling unit shall contain a kitchen equipped with the following minimum facilities: I. Food preparation surfaces impervious to water and free of defects which could trap food or liquid. 2. Shelving, cabinets or drawers for the storage or food and cooking and eating utensils, all of which shall be maintained in good repair. 3. Freestanding or permanently installed cookstove. Portable electric cooking equipment shall not fulfill this requirement. Portable cooking equipment employing flame shall be prohibited. 4. Mechanical refrigeration equipment for the storage of perishable foodstuffs. Standard Housing Code® 1997 9 Exception: Nothing herein shall preclude a written agreement between an owner and tenant that the tenant will furnish mechanical refrigeration equipment and/or a cookstove as required in this section. It shall be an affirmative defense available to an owner charged with a violation of this section if such an agreement exists. 302.7 Garbage Disposal Facilities Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, of a type and location approved by the applicable governing body. 302.8 Fire Protection A person shall not occupy as owner -occupant nor shall let to another for occupancy, any building or structure which does not complywith the applicable provisions of the fire prevention code of the applicable governing body. 302.9 Smoke Detector Systems Every dwelling unit shall be provided with an approved listed smoke detector, installed in accordance with the manufacturer's recommendations and listing. When activated, the detector shall provide an audible alarm. The detector shall be tested in accordance with and meet the requirements of UL 217 (1989). Single and Multiple Station Smoke Detectors. 303 MINIMUM REQUIREMENTS FOR LIGHT AND VENTILATION 303.1 Windows Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be 8% of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light -obstruction structures arc located less than 3 ft (914 mm) from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight -type window in the top of such room, the total window area of such skylight shall equal at least 15% of the total floor area of such room. 303.2 Ventilation' 303.2.1 Every habitable room shall have at least one window or skylight which can be easily opened. or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall equal to at least 45% of the minimum window area size or minimum skylight -type window size, as required, or shall have other approved, equivalent ventilation. 303.2.2 Year round air systems may be herein, in rooms c purposes. Window included in this exception mechanically ventilating conditioned substituted for windows. as required ther than rooms used for sleeping type airconditioning units are not 303.3 Bathroom Every bathroom shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with an approved ventilating system. 303.4 Electric Lights and Outlets Where there is electric service available to the building structure, every habitable room or space shall contain at least two separate and remote receptacle outlets. Bedrooms shall have, in addition, at least one wall switch controlled lighting outlet. In kitchens, two separate and remote receptacle outlets shall be provided (receptacles rendered inaccessible by appliances fastened in place or by appliances occupying dedicated space shall not be considered as these required outlets) and a wall or ceiling lighting outlet controlled by a wall switch shall be provided. Every hall, water closet compartment. bathroom, laundry room or furnace room shall contain at least one ceiling -mounted or wall -mounted lighting outlet. In bathrooms, the lighting outlet shall be controlled by a wall switch. In addition to the lighting outlet in every bathroom and laundry room, there shall be provided at least one receptacle outlet. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. 3035 Light In Public Halls and Stairways Every common hall and inside stairway in every building. 7 other than one -family dwellings, shall be adequately lighted N at all times with an illumination of at least I foot candle intensity (10.76 lux) at the floor in the darkest portion of the (y� normally traveled stairs and passageways. 304 MINIMUM REQUIREMENTS FOR ELECTRICAL SYSTEMS Every electrical outlet and fixture, and all electrical wiring and equipment shall be installed, maintained and connected to a source of electric power in accordance with the provisions of the electrical code of the authority having jurisdiction. 305 GENERAL REQUIREMENTS FOR THE EXTERIOR AND INTERIOR OF STRUCTURES 305.1 Foundation The building foundation system shall be maintained in a safe manner and capable of supporting the load which normal use may cause to be placed thereon. 10 Standard Housing Code° 1997 305.2 Exterior Walls Even' exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit rain, or dampness to the interior portions of the walls or to the occupied spaces of the building. All siding material shall be kept in repair 305.3 Roofs 305.3.1 Roofs shall be structurally sound and maintained in a safe manner and have no defects which might admit rain or cause dampness in the walls or interior portion of the building. 305.3.2 All portions, additions or sections of a roof including, but not limited to, the fascia, cave. soffit. sheathing. rafter tail, barge rafter, vent screening. gutter, downspout, roof jack. lead or metal flashing. shall be complete with all trim strips, moldings, brackets, braces and supports in accordance with common building practices. No item shall display signs of deterioration. abuse or improper installation that could be construed to affect the purpose of that item or cause damage to the immediate area or roof structure, that could allow dampness or admit rain to the interior of that building. 305.4 Means of Egress Every dwelling unit shall have safe, unobstructed means of egress with minimum ceiling height of 7 ft (2134 mm) leading to a safe and open space at ground level. Stairs shall have a minimum head room of 6 ft 8 inches (2032 mm). 305.5 Stairs, Porches and Appurtenances .. .. Every inside and outside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and good repair. 305.6 Protective Railings Protective railings shall be required on any unenclosed structure over 30 inches (762 mm) above the ground level or on any steps containing four risers or more. 305.7 Windows - • Every window shall be substantially weathertight, watertight and rodentproof, and shall be kept in sound working condition and good repair. 305.8 Windows to be Glazed Every window sash shall be fully supplied with glass window panes or an approved substitute. which are without open cracks or holes. 305.9 Window Sash Window sash shall be properly fitted and weathertight within the window frame. 305.10 Windows To Be Openable Every window required for light and ventilation for habitable rooms shall be capable of being easily opened and secured in position by window hardware. 305.11 Exterior Doors 305.11.1 Every exterior door. basement or cellar door and hatchway shall be substantially weathertight. watertight, and rodentproof, and shall be kept in sound working condition and good repair. 305.11.2 Every exterior door shall be provided with properly installed hardware that is maintained to insure reasonable case of operation to open. close and secure in an open or closed position, as intended by the manufacturer of the door and the attached hardware. 305.12 Exterior Door Frames 305.12.1 Exterior door frames shall be properly maintained and shall be affixed with weatherstripping and thresholds as required to be substantially weathertight, watertight and rodent and insect resistant when the door is in a closed position. 305.12.2 Exterior door jambs, stops, headers and moldings shall be securely attached to the structure. maintained in good condition without splitting or deterioration that would minimize the strength and security of the door in a closed position. 305.13 Screens 305.13.1 Dwelling units which do not have a central air conditioning system shall have screens on all exterior openable windows and doors used or required for ventilation. Screens on windows and doors shall be stretched and fitted and maintained without open rips or tears. 305.13.2 A closing device shall be installed on all screen doors. 305.14 Protective Treatment . All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. All siding shall be weather resistant and water tight. All masonry joints shall be sufficiently tuck pointed to insure water and air tightness. .. ... .. . . 305.15 Accessory Structures Garages, storage buildings and all other accessory structures shall be maintained and kept in good repair and sound structural condition. Standard Housing Code* 1997 305.16 Interior Floors, Walls. and Ceilings 305.16.1 Every floor, interior wall and ceiling shall be substantially rodent proof. shall be kept in sound condition and good repair and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. 305.16.2 Every toilet. bathroom and kitchen floor surface shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. 305.17 Structural Supports Even • structural element of the dwelling shall be maintained structurally sound and show no evidence of deterioration which would render it incapable of carn•ing normal loads. 305.18 Protective Railings for Interior Stairs Interior stairs and stairwells more than our risers high shall have handrails located in accordance with the requirements of the Standard Building Code©. Handrails or protective railings shall be capable of bearing normally imposed loads and be maintained in good condition. 305.19 Firestopping and Draftstopping 305.19.1 Firestopping shall be maintained to cut off all concealed draft openings both horizontal and vertical and to form a fire barrier between floors and between the upper floor and the roof space. 305.19.2 Draftstopping shall be maintained to cut off all concealed draft openings in floor/ceiling assemblies and in attics. 305.20 Interior Doors Every existing interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs. headers or tracks as intended by the manufacturer of the attachment hardware. 305.21 Interior Door Hardware Every interior door shall be provided with proper hardware, securely attached and maintained in good condition. Hasp lock assemblies arc not permitted on the exterior side of the door of habitable rooms. 305.22 Bathroom Doors Privacy of bathrooms shall be afforded by doors complete with privacy hardware intended by the manufacturer for that purpose. 305.23 Skirting 305.23.1 Existing skirting shall be maintained free from broken or missing sections, pieces or cross members. Skirting shall be securely attached and sized from the ground to the lower outside perimeter of the structure. 12 305.23.2 Replacement or new skirting shall be constructed of materials intended for exterior use and properly sized and mounted to prevent free access to the crawl space of the structure. Crawl space access grille or door and ventilation grilles shall be sized according to local code requirements. 306 MINIMUM DWELLING SPACE REQUIREMENTS 306.1 Required Space in Dwelling Unit Every dwelling unit shall contain at least 150 sq ft (13.9 m-) of floor space for the first occupant thereof and at least an additional 100 sq ft (9.3 m -)of floor area per additional occupant. The floor area shall be calculated on the basis of the total area of all habitable rooms. 306.2 Required Space in Sleeping Rooms In every dwelling unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 sq ft of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 sq It (4.6 m2) of floor space for each occupant thereof. 306.3 Minimum Ceiling Height 306.3.1 Habitable (space) rooms other than kitchens. storage rooms and laundry rooms shall have a ceiling height of not less than 7 ft (2134 mm). Hallways. corridors, bathrooms, water closet rooms and kitchens shall have a ceiling height of not less than 7 ft (2134 m) measured to the lowest projection from the ceiling. 306.3.2 If any room in a building has a sloping ceiling. the prescribed ceiling height for the room is required in only one-half the room area. No portion of the room measuring less than 5 ft (1524 mm) from the finished floor to the finished ceiling shall be included in any computation of the minimum room area. 306.4 Occupancy of Dwelling Unit below Grade No basement or cellar space shall be used as a habitable room or dwelling unit unless: I. The floor and walls are impervious to leakage of underground and surface runoff water and arc insulated against dampness, and 2. The total window area in each room is equal to at least the minimum window area size as required in 303.1. and 3. Such required minimum window area is located entirely above the grade of the ground adjoining such window area, and 4. The total of openable window area in each room is equal to at least the minimum as required under 303.2.1, except where some other device affording adequate ventilation is supplied. Standard Housing Code° 1997 0 CI r L 307 SANITATION REQUIREMENTS 307.1 Sanitation Every owner of a multiple dwelling shall be responsible for maintaining in a clean and sanitary condition the shared or common areas of the dwelling and premises thereof. 307.2 Cleanliness Every tenant of a dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies or which is provided for his particular use 307.3 Garbage Disposal Every tenant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents and all rubbish in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage or rubbish storage containers. 307.4 Care of Premises It shall be unlawful for the owner or occupant of a residential building, structure, or property to utilize the premises of such residential property for the open storage of any inoperable motor vehicle, ice box, refrigerator. Stove, glass, building material, building rubbish or similar items. It shall be the duty and responsibility of even such owner or occupant to keep the premises of such residential propeny clean and to remove from the premises all such abandoned items as listed above, including but not limited to weeds, dead trees, trash, garbage, etc., upon notice from the housing official. 307.5 Extermination Even' owner of a single dwelling building and every owner of a building containing two or more dwelling units shall be responsible for the extermination of any insects, rodents. wood -destroying organisms. or other pests within the building or premises. 307.6 Use and Operation of Supplied Plumbing Fixtures Every tenant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. 308 ROOMING HOUSES 303.1 Compliance Exceptions No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this code except the provisions of 301. 302 and 307. 308.2 License Required No person shall operate a rooming house unless he holds a valid rooming house license. 308.3 Water Closet, Lavatory and Bath Facilities At least one flush water closet, lavatory basin, and bathtub or shower, property connected to a water and sewer system and in good working condition, shall be supplied for each four rooms within a rooming house wherever such facilities are shared. All such facilities shall be located on the floor they serve within the dwelling so as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. 308.4 Water Healer Required Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. 3085 Minimum Floor Area for Sleeping Purposes Every room occupied for sleeping purposes by one person shall contain at least 70 sq it (6.5 1112) of floor space and every room occupied for sleeping purposes by more than one person shall contain at least 50 sq t' (4.6 m'-) of floor space for each occupant thereof. 308.6 Exit Requirements Every rooming unit shall have sale, unobstructed means of egress leading to safe and open space at ground level, as required by the building code of the applicable governing body. 303.7 Sanitary Conditions The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for maintenance of a sanitary condition in every other pan of the rooming house, and shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator. 309 DESIGNATION OF UNFIT DWELLINGS AND LEGAL PROCEDURE FOR CONDEMNATION 309.1 Dangerous Structures Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and declared to be a nuisance and shall be so designated and placarded by the housing official. I. One which is so damaged, decayed. dilapidated. unsanitary, unsafe, or vermin -infested that it creates at serious hazard to the health or safety of the occupartrs or the public. 2. One which lacks illumination, ventilation. ar sanitation facilities adequate to protect the health air safety of the occupants or the public. Standard Housing Code* 1997 309.2 Form of Notice Whenever [he housing official has declared a dwelling or multiple dwelling as unfit for human habitation and constituting a nuisance, he shall give notice to the owner of such declaration and placarding of the dwelling or multiple dwelling as unfit for human habitation. Such notice shall: I. Be in writing: 2. Include a description of the real estate sufficient for identification; 3. State the time occupants must vacate the dwelling units: and 4. State that, if such repairs, reconstruction, alterations. removal, or demolition are not voluntarily completed within the stated time as set forth in the notice, the housing official shall institute such legal proceedings charging the person or persons. firm, corporation. or agent with a violation of this code. 309.3 Service of Notice Service of notice to vacate shall be as follows: I. By delivery to the owner personally. or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion: or 2. By depositing the notice in the United States Post Office addressed to the owner at his last known address with postage prepaid thereon: or 3. By posting and keeping posted for 24 hours a copy of the notice in placard form in a conspicuous place on the premises to be vacated. 309.4 Vacating of Condemned Building Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the housing official, shall be vacated within 30 days after notice of such condemnation has been given by the housing official to the owner and/or occupant of the building., 309.5 Occupancy of Building No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until approval is secured from and such placard is removed by the housing official. The housing official shall remove such placard whenever the defect or defects. upon which the condemnation and placarding action were based have been eliminated. 309.6 Removal of Placard or Notice 'No person shall deface or remove the placard from any. dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in 309.5. 14 _: i•r - Standard Housing Codeo 1997 a STANDARD HOUSING CODE 1997 EDITION SECOND PRINTING COPYRIGHT® 1997 BY SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC. 900 MONTCLAIR ROAD BIRMINGHAM, ALABAMA 35213-1206 205-591-1853 PRINTED IN U.S.A. F NOTE: The SBCCI Standard Codes are designed for adoption by state or local governments by reference unfit Jurisdictions adopting them may make necessa'y additions, deletions and amendments in their adopting docu,nent. Incorporation of any part of the SBCCI Standard Codes in codes published by states, local governments. regulatory agencies. individuals or organizations is expressly prohibited. When your jurisdiction has adopted one or more of the SBCCI Standard Codes, please send a cow of the adopting document to the SBCCI headquarters office. SECOND PRINTING COPYRIGHT© 1997 SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC. 900 MONTCLAIR ROAD BIRMINGHAM, ALABAMA 35213-1206 ' 205-591-1853. PRINTED IN THE U.S.A. All rights reserved. No part of this book may be reproduced or transrnitted in any form or by any means, electronic or mechanical. including photocopy, recording or by an information storage and retrieval system. without advance permission in writing from the publisher. For information contact: Chief Executive Officer, Southern Building Code Congress International. Inc.. 900 Montclair Road. Birmingham, Alabama 35213.1206. Standard Housing Codeo 1997 THE STANDARD CODES Standard Amusement Device Code Standard Building Code Standard Existing Buildings Code Standard Fire Prevention Code Standard Gas Code Standard Housing Code Standard Mechanical Code Standard Plumbing Code Standard Swimming Pool Code Standard Unsafe Building Abatement Code CODE -RELATED PUBLICATIONS Standard for Proscenium Curtains Standard for Existing High Rise Buildings Standard for Floodplain Management Standard for Soil Expansion Standard for Sound Control Standard for Textile wall Covering Standard for Roof Tile Test Standard for Hurricane Resistant Residential Construction Standard Building Code Commentary Standard Gas Code Commentary Standard Mechanical Code Commentary Standard Plumbing Code Commentary One and Two Family Dwelling Code Commentary EDUCATION PUBLICATIONS Building Official Management Building Principles and Code Applications Electrical Inspection and Plans Examination Electrical Principles and Code Applications (Residential) Fire Protection Principles and Code Applications Hurricane Resistant Construction Legal Aspects of Code Administration Mechanical Principles and Code Applications One and Two Family Dwelling Inspection Plumbing Principles and Code Applications Rehabilitation and Housing Principles and Code Applications Structural Principles and Code Applications ii Standard Housing Code° 1997 0 PREFACE The purpose of this code is to provide the basic minimum housing standards deemed essential for safe and healthful living. The code provides the minimum requirements necessary to maintain any residential occupancy in a safe and sanitary condition. The Standard Housing Code is one of the ten codes published and maintained by the Southern Building Code Congress International and is a minimum housing code relating principally to the use, occupancy and maintenance of existing residential buildings and shall not be construed as being a building construction code. The Standard Housing Code contains certain terminologies or references, such as "properly installed," "properly connected." "properly constructed" and other similar terms. It is intended that these references relate to the Standard Building. Plumbing. Gas, Mechanical and other codes published by the Southern Building Code Congress International or any other codes officially adopted and administered by the governing body of this code. Broken vertical bars in the margin indicate changes made since the 1994 edition. Stars in the margin indicate deletions from the 1994 edition. • II Standard Housing Code* 1997 ii1 METRIC CONVERSIONS MULTIPLY BY TO GET Length inches 25.4 mm ft 0.3045 m Area sq in 645.16 mm'- sq ft 0.0929 m' Volume cu in 0.01639 L cult 28.3169 L gal 3.785 L Mass lb 0.4536 kg Mass/unit length ph f (lb/ft) 1.4882 kg/m Mass/unit area psf (lb/sq ft) 4.882 kg/rn2 Mass density pcl'(Ib/cu ft) 16.02_ kg/m1 Force lb 4.4482 N Force/unit length plf (lb/ft) 14.5939 N/m Pressure, stress, psi 6.595 kPa modulus of elasticity psf (lb/sq f) 47.88 Pa Second moment of area in4 416.231 mm' Section modulus in3 16,387.064 mm3 Temperature °F-32 5/9 °c (:F32)+27315 5/9 K Energy, work. kWh 3.6 MJ quantity of heat Btu 1055 1 ft • lb (force) 1.3558 1 Power ton (refrie) 3.517 kW Btu/s 1.0543 kW hp (electric) 745.7 W Btu/h 0.2931 W Thermal conductance Btu/f2 • h • °F 5.6783 W/m'- •K (U value) Thermal resistance ft2 • h • °FBtu 0.1761 m2 • K/W (R value) Flow gpm 0.0631 Us cfm 0.4719 Us Illuminance footcandle (IrtJsq ft) 10.76 Ix (lux) Velocity (speed) mph 0.447 m/s Plane angle °(angle) 0.01745 rad iv Standard Housing Code* 1997 0 TABLE OF CONTENTS CHAPTER 1 ADMINISTRATION 101 TITLE AND SCOPE ..............................1 102 ORGANIZATION.................................1 103 POWERS AND DUTIES OF HOUSING OFFICIAL ...........................2 104 INSPECTIONS..................................3 105 HARDSHIPS....................................3 106 HOUSING BOARD OF ADJUSTMENTS AND APPEALS ..................3 107 APPEALS......................................4 108 VIOLATIONS AND PENALTIES .....................4 109 VALIDITY......................................4 110 PERMITS......................................4 CHAPTER 2 DEFINITIONS 201 GENERAL......................................5 202 DEFINITIONS...................................5 CHAPTER 3 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES 301 GENERAL......................................9 302 FACILITIES REQUIRED ...........................9 303 MINIMUM REQUIREMENTS FOR LIGHT AND VENTILATION ......................10 304 MINIMUM REQUIREMENTS FOR • ELECTRICAL SYSTEMS .......................10 305 GENERAL REQUIREMENTS FOR THE EXTERIOR AND INTERIOR OF STRUCTURES ............................10 306 MINIMUM DWELLING SPACE •REQUIREMENTS ............................. 12 307 SANITATION REQUIREMENTS ....................13 308 ROOMING HOUSES ............................. 13 309 DESIGNATION OF UNFIT DWELLINGS AND LEGAL PROCEDURE FOR CONDEMNATION ............13 APPENDIX A SAMPLE ORDINANCE TO ADOPT STANDARD CODES................................15 APPENDIX B SAMPLE HOUSING INSPECTOR'S REPORT .............................17 APPENDIX C SAMPLE HOUSING CODE ENFORCEMENT MASTER CONTROL CARD ............19 s Standard Housing Code° 1997 C1 i CHAPTER1 ADMINISTRATION 101 TITLE AND SCOPE 101.1 Title Provisions in the following chapters and sections shall constitute and be known and may be cited as "The Standard Housing Code" hereinafter referred to as "this code." 101.2 Code Remedial This code is hereby declared to be remedial, and shall be construed to secure the beneficial interests and purposes thereof which are public safety. health and general welfare through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction. alteration, repair, removal, demolition, use or occupancy of residential buildings and accessory structures. 101.3 Scope 101.3.1 The provisions of this code shall apply to all buildings or portions thereof, all accessory structures or portions thereof located on residential property, used or unused, designed or intended to be used for human habitation or the storage of materials associated with human habitation. 101.3.2 This code establishes minimum standards for occupancy, and does not replace or modify standards otherwise established for construction, replacement or repair of buildings except such as are contrary to the provisions of this code. 101.3.3 Buildings or structures moved into or within the jurisdiction shall comply with the requirements in the Standard Building Code® for new buildings. 101.4 Existing Buildings 101.4.1 Alterations, repairs or rehabilitation work may be made to any existing building without requiring the building to comply with all the requirements of this code provided that the alteration, repair or rehabilitation work conforms to the requirements of this code for new construction. The housing official shall determine, , subject to appeal to the Board of Adjustments and Appeals, the extent, if any, to which the existing building shall be made to conform to the requirements of this code for new construction. 101.4.2 Alterations, repairs or rehabilitation work shall not cause an existing building to become unsafe as defined in 103.2. '- 101.4.3 If the occupancy classification of an existing building is changed from RI, R2 or R3 to any other occupancy classification, the building shall be made to conform to the intent of the technical codes for the new Standard Housing Code° 1997 occupancy classification as established by the building official. 101.4.4 Repairs and alterations, not covered by the preceding paragraphs of this section, restoring a building to its condition previous to damage or deterioration, or altering it in conformity with the provisions of this code or in such manner as will not extend or increase an existing nonconformity or hazard, may be made with the same kind of materials as those of which the building is constructed, but not more than 25% of the roof covering of a building shall be replaced in any period of 12 months unless the entire roof covering is made to conform with the requirements of this code for new buildings. 101.5 Special Historic Buildings and Districts The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings when such buildings or structures arc judged by the housing official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration. repair, enlargement, restoration, relocation or moving of buildings within fire districts. The applicant must submit complete architectural and engineering plans and specifications bearing the seal of a registered professional engineer or architect. 101.6 Maintenance All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which arc required by this code in a building when erected, altered, or repaired. shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings, structures and premises. 101.7 Application of Zoning Ordinance Nothing in this code shall be construed to cancel, modify or set aside any provision of the zoning ordinance of the authority having jurisdiction. 102 ORGANIZATION 102.1 Enforcement Officer There is hereby.estabIished by the applicable governing body provisions for the enforcement of this code by the housing official. 11 102.2 Restrictions on Employees An officer or employee connected with the department, except one whose only connection is as a member of the board. established by this act, shall not be financially interested in the furnishing of labor. material.,or appliances for the construction. alteration, or maintenance of a building. or in the malting of plans or of specifications therefor. unless he is the owner of such building. Such officer or employee shall not engage in any work which is inconsistent with his duties or with the interests of the department. 102.3 Records The housing official shall keep. or cause to be kept, a record of the business of the department. The records of the department shall be open to public inspection. 103 POWERS AND DUTIES OF HOUSING OFFICIAL 103.1 Right of Entry 103.1.1 Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the building official may enter such building. structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code. If such building or premises arc occupied, he shall first present proper credentials and request entry. If such building, structure, or premises arc unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry. • 103.1.2 When the building official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to this code. 103.2 Unsafe Residential Buildings 103.2.1 All residential buildings or structures used as such which are unsafe, unsanitary, unfit for human habitation, or not provided with adequate egress, or which constitute a fire hazard, or arc otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, are considered unsafe buildings. All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with 103.2.2. 103.2.3 and 103.2.4. 103.2.2 \Vheneverthe housing official determines that there are reasonable grounds to believe that there has been a violation of any provision of this code or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor and such alleged violations shall constitute a nuisance. Such notice shall: 1. Be put in writing: 2. Include a statement of the reasons why it is being used; 3. Allow I5 days to correct major violations and 30 days to correct minor violations with a maximum time limit of 120 days for either, subject to approval of the housing official: and 4. State that, if such repairs, reconstruction. alterations, removal or demolition are not voluntarily completed within the stated time as set forth in the notice, the housing official shall institute such legal proceedings charging the person or persons, firm, corporation or agent with a violation of this code. 103.2.3 Service of notice shall be as follows: I. By delivery to the owner personally, or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion; or 2. By depositing the notice in the United States Post Office addressed to the owner at his last known address with postage prepaid thereon: or 3. By posting and keeping posted for 24 hours a copy of the notice in a conspicuous place on the premises to be repaired.' 103.2.4 When a residential building is to be demolished. it shall be done so in accordance with the provisions of the Standard Unsafe Building Abatement Code. 103.3 Requirements Not Covered by Code Any requirement, not specifically covered by this code. found necessary for the safety, health, and general welfare of the occupants of any dwelling, shall be determined by the housing official subject to appeal to the Housing Board of Adjustments and Appeals. . 103.4 Liability Any officer or employee, or member of the Housing Board of Adjustments and Appeals, charged with the enforcement of this code, in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved 4 \I J 2 Standard Housing Code° 1997 i • from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee because of this code shall be defended by the Dzpartment of Law until the final termination of the proceedings. 1035 Reports The housing official shall annually submit a report to the chief administrator covering the work of the department during the preceding year. He shall incorporate in said report a summary of the decisions of the Housing Board of Adjustments and Appeals during said year 103.6 Letter of Compliance A letter indicating compliance with the provisions of this code may be issued by the housing official. 104 INSPECTIONS The housing official shall make or cause to be made inspections to determine the condition of residential buildings and premises in the interest of safeguarding the health and safety of the occupants of such buildings and of the general public. For the purpose of making such inspections, the housing official, or his agent. is hereby authorized to enter, examine, and survey at all reasonable times all residential buildings and premises. The owner or occupant of every residential building or the person in charge thereof shall give the housing official free access to such residential building and its premises, at all reasonable times for the purpose of such inspection, examination, and survey. 105 HARDSHIPS Where the literal application of the requirements of this code would appear to cause undue hardship on an owner or tenant or when it is claimed that the true intent and meaning of this code or any of the regulations therein have been misconstrued or wrongly interpreted, the owner of such building or structure. or his duly authorized agent, may appeal the decision of the housing official to the Housing Board of Adjustments and Appeals. as set forth in 107. 106 HOUSING BOARD OF ADJUSTMENTS AND APPEALS 106.1 Appointment 106.1.1 There is hereby created by the applicable governing body a board to be known as the Housing Board of Adjustments and Appeals, which shall consist of not less than three members appointed by the governing body. The members shall be residents of the governed area. Members of the board shall be appointed for 3 year terms. except that on the initial appointment. one shall be appointed for I year. one for 2 years. and one for 3 years. Any one or more members of said board shall be subject to removal or replacement by the appointing authority at any time for cause of stated charges after a public hearing before the appointing authority, and a vacancy on said board shall be filled by the appointing authority for the unexpired term of such vacancy. The members of said board shall serve without compensation. 106.1.2 As soon as practical after their appointment. the members of the Housing Board of Adjustments and Appeals shall meet and organize by electing a chairman. vice-chairman, and secretary. Thereafter officers of the board shall be elected by the members at the first annual meeting of the board. 106.2 Meetings The board shall meet at regular intervals to be determined by the chairman but in any event the board shall meet within 10 days after notice of appeal has been received. Reasonable notice of the place, time and date of such meetings shall be given all the members of the board and all interested panics in each case to be heard by the board. 106.3 Records All minutes of the board meetings shall be public records and the secretary of file board shall keep all records and perform such additional duties as the board may decor proper. 106.4 Duties 106.4.1 The duties of the Housing Board of Adjustments and Appeals shall be: 1. To consider and determine appeals whenever it is claimed that the true intent and meaning of this code or any of its regulations have been misconstrued or wrongly interpreted. 2. To permit, in appropriate cases where the application of the requirement of this code in the allowance of the stated time for the performance of any action required hereunder would appear to cause undue hardship on an owner, one or more extensions of time, not to exceed 120 days each. from the date of such decision of the board. Applications for additional extensions of time shall be heard by the board. Such requests for additional extensions of time shall be filed with the housing official not less than 30 days prior to the expiration of the current extension. 106.4.2 An appeal should not be considered where an appeal case has been previously decided involving the same premises. Standard Housing Code° 1997 3 106.5 Procedure The Housing Board of Adjustments and Appeals shall establish its own rules of procedure for accomplishment of its duties and functions, provided that such rules shall not be in conflict with the provisions of this code and the laws of the state. 106.6 Decisions All decisions of the Housing Board of Adjustments and Appeals to vary the application of any provision of this code or to modify an order of the housing official shall specify in what manner such variance or modification is made, the condition upon which it is made, and the reasons therefor. Even' decision shall be in writing and shall indicate the vote upon the decision. A copy of all decisions shall be promptly filed in the office of the housing official and shall be open to public inspection. The secretary shall notify the appellant in writing of the final action of the board. 107 APPEALS Any person receiving written notice from the housing official of deficiencies in his property under this code may within 30 days following the date of such notice enter an appeal in writing to the Housing Board of Adjustments and Appeals. Such appeal shall state the location of the property, the date of the notice of violations, and the number of such notice. The appellant must state the variance or modification requested, the reasons therefor, and the hardship or conditions upon which the appeal is made. 108 VIOLATIONS AND PENALTIES Any person. firm, corporation or agent, who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect. construct, alter, demolish or move any structure, or has erected, constructed, altered, repaired, moved or demolished a building or structure in violation of this code shall be prosecuted within the limits provided by state or local laws. Each such person shall be'deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, or continued and upon conviction of any such violation such person shall be' punished within the limits and as provided by state laws. •" ` 109 VALIDITY If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. 110 PERMITS Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair. move, demolish, or change a residential building or structure or to cause any such work to be done, shall first make application to the housing official and obtain the required permit therefor. Ordinary minor repairs may be made with the approval of the housing official without a permit, provided that such repairs shall not violate any of the provisions of this code. 4 Standard Housing Code* 1997 CHAPTER 2 DEFINITIONS 201 GENERAL 201.1 Tense, Gender and Number For the purpose of this code, certain abbreviations, terms. phrases, words, and their derivatives, shall be construed as set forth in this chapter. Words used in the present tense include the future. Words in the masculine gender include the feminine and neuter. Words in the feminine and neuter gender include the masculine. The singular number includes the plural and plural number includes the singular. 201.2 Special Meaning and Words Not Defined 201.2.1 Words not defined herein shall have the meanings stated in the Standard Building Code. Standard Mechanical Code, Standard Plumbing Code. Standard Gas Code or Standard Fire Prevention Code. Words not defined in the Standard Codes shall have the meanings in Webster's Ninth New Collegiate Dictionary. as revised. 201.2.2 Whenever the words "dwelling." "dwelling units." "rooming house," "rooming units." and "premises" arc used in this code, they shall be construed as though they were followed by the words. "or any part thereof." 202 DEFINITIONS ADDITION —an extension or increase in floor area or height of a building or structure. ALTER OR ALTERATION —any change or modification in construction or occupancy. APARTMENT —a dwelling unit as defined in this code. APARTMENT HOUSE —any building or portion thereof used as a multiple dwelling for the purpose of providing three or more separate dwelling units which may share means of egress and other essential facilities. APPLICABLE GOVERNING BODY —a city, county, state. state agency or other political government subdivision or entity authorized to administer and enforce the provisions of this code, as adopted or amended. APPROVED —approved by the housing official or other • authority having jurisdiction. BASEMENT —that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. provided, however, that the distance from grade to ceiling shall be at least 4 ft 6 inches U372 mm). BUILDING —any structure built for the support, shelter or enclosure of persons. animals. chattels, or property of any kind which has enclosing walls for 50% of its perimeter. The term "building" shall be construed as if followed by the words "or part thereof." (For the purpose of this code each portion of a building separated from other portions by a lire wall shall be considered as a separate building.) CELLAR —that portion of a building, the ceiling of which is entirely below grade or less than 4 1t 6 inches (1372 mm) above grade. DORMITORY —a space in a unit where group sleeping accommodations are provided with or without meals for persons not members of the same family group, in one room. or in a series of closely associated rooms under joint occupancy and single management. as in college dormitories, fraternity houses. military barracks and ski lodges. DWELLING —when used in this code without other qualifications, means a building occupied exclusively for residential purposes by not more than two families. DWELLING UNIT —a single unit providing complete. independent living facilities for one or more persons including permanent provisions for living, sleeping. eating, cooking and sanitation. EXTERMINATION —the control and extermination of insects, rodents, or other pests by eliminating their harborage places: by removing or making inaccessible materials that may serve as their food: by poisoning. spraying, fumigating, trapping: or by any other recognized and legal pest elimination methods. FAMILY —one or more persons living together, whether related by blood, marriage or adoption, and having common housekeeping facilities. FLOOR AREA —the total area of habitable space in a building or structure. GARBAGE —the animal and vegetable waste resulting from the handling, preparation. cooking. and consumption of food. Standard Housing Code° 1997 5 HABITABLE ROOM —a space in a building for living. sleeping, eating or cooking. Bathrooms, toilet compartments. closets, halls. storage or utility space. and similar areas are not considered habitable space HOTEL —any building containing six or more guests rooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests. HOUSING OFFICIAL —the officer, or his duly authorized representative charged with the administration and enforcement of this code. INFESTATION —the presence within or around a dwelling. of any insects, rodents, or other pests. INOPERABLE .MOTOR VEHICLE —one which cannot be driven upon the public streets for reasons including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. MAJOR VIOLATION —A defect that exists on a property or structure that is immediately dangerous to the health. safety or welfare of the occupants. passersby or persons in contiguous areas: a defect that exists that seriously undermines that component or structural member which renders that component or member unsafe to use or exist in its present condition. MINOR VIOLATION —A defect that exists on a property or structure that in its present state of disrepair. deterioration or absence, does not constitute an immediate hazard. MULTIPLE DWELLING -any building, or portion thereof. which is occupied as the home or residence of more than two families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments. NUISANCE —the following shall be defined as nuisances: I. Any public nuisance known at common law or in equity jurisprudence. 2. Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations: abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors. 3 Whatever is dangerous to human life or is detrimental to health, as determined by the health officer. 4. Overcrowding a room with occupants. 6 5. Insufficient ventilation or illumination. 6. Inadequate or unsanitary sewage or plumbing facilities. 7. Uncleanliness, as determined by the health officer. S. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the health officer. OPENABLE AREA —that pan of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR —any person who has charge, care or control of a building or part thereof, in which dwelling units or rooming units are let. OWNER —the holder of the title in Ice simple and any person, group of persons. company, association or corporation in whose name tax bills on the property are submitted. It shall also mean any person who. alone or jointly or severally with others: I. shall have legal title to any dwelling or dwelling unit. with or without accompanying actual possession thereof: or 2. shall have charge, care or control of any dwelling or dwelling unit, as owner, executor, executrix. administrator, trustee, guardian of the estate of the owner. mortgagee or vendee in possessions, or assignee of rents, lessee, or other person, firm, or corporation in control of a building: or their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of this code, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. It is his responsibility to notify the actual owner of the reported infractions of these regulations pertaining to the property which apply to the owner. PERSON —any individual, firm, corporation, association or partnership. PLUMBING —the practice, materials, and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following: Sanitary drainage or storm drainage facilities, the venting system and the public or private water supply systems, within or adjacent to any building. structure, or conveyance: also the practice and materials used in the installation, maintenance, extension, or alteration of stormwatcr. liquid waste, or sewerage, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. Standard Housing Codeo 1997 • PREMISES —a lot. plot or parcel of land including the built tip or composed of parts joined together in some buildings or structures thereon. definite manner. The term "structure" shall be construed as it followed by the words "or part thereof." PUBLIC AREA —an unoccupied open space adjoining a building and on the same property. that is permanently maintained accessible to the lire department and free of all encumbrances that might interfere with its use by the fire department. REPAIR —the replacement of existing work with the saute kind of material used in the existing work, not including additional work that would change the structural safety of the building, or that would affect or change required exit facilities, a vital element of an elevator, plumbing. nas piping. wiring or heating installations, or that would be in violation of a provision of law or ordinance. The term ''repair' or "repairs" shall not apply to any change of construction. REQUIRED —required by some provision of this code. RESIDENTIAL BUILDINGS —buildings in which families or households live or in which sleeping accommodations are provided, and all dormitories. Such buildings include. among others. dwellings, multiple dwellings, and rooming houses. ROOMING HOUSE —any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who arc not husband or wife, son or daughter. mother or father, or sister or brother of the owner or operator. ROOMING UNIT —any room or group of rooms fonning a single habitable unit used or intended to be used for living and sleeping. but not for cooking or eating purposes. RUBBISH —combustible and noncombustible waste materials, except garbage, including the residue from the burning of wood, coal, coke or other combustible material. paper, rags, cartons, boxes, wood, excelsior, rubber. leather, tree branches, yard trimmings, tin cans, metal. mineral matter, glass crockery, and dust. STAIRIVAY—one or more flights of stairs and the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one story to another in a building or structure. STORY —that portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above. STRUCTURE —that which is built or constructed. an edifice or building of any kind, or any piece of work artificially SUPPLIED —paid I'or. furnished, or provided by or under control of. the owner or operator. TEMPORARY HOUSING—anv tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground. to another structure, or to anv utilities system on the same premises for more than 30 consecutive days VALUATION OR VALUE —as applied to a building, the estimated cost to replace the building in kind. VENTILATION —the process of supplying and removing air by natural or mechanical means to or Irons anv space. YARD —an unoccupied open space other than a court. Standard Housing Coder 1997 7 u 0 Ll CHAPTER 3 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES 301 GENERAL No person shall occupy as owner -occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking, or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements. 302 FACILITIES REQUIRED 302.1 Sanitary Facilities Every dwelling unit shall contain not less than a kitchen sink, lavatory. tub or shower, and a water closet all in good working condition and properly connected to an approved water and sewer system. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition free from defects, leaks. and obstructions. 302.2 Location of Sanitary Facilities All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet, tub or shower and lavatory shall be located in a room affording privacy to the user and such room shall have a minimum floor space of 30 sq ft (2.S ❑r) with no dimension less than 4 ft (1219 mm). Bathrooms shall be accessible from habitable rooms, hallways, corridors or other protected or enclosed area. 302.3 Hot And Cold Water Supply Every dwelling unit shall have an adequate supply of both cold and hot water connected to the kitchen sink, lavatory, and tub or shower. All water shall be supplied through an approved distribution system connected to a potable water supply. 302.4 Water Heating Facilities Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120°F (49°C). Such water heating facilities shall be capable of meeting die requirements of 302.4 when the dwelling or dwelling unit heating facilities required under the provisions of this code arc not in operation. Apartment houses may use a centralized water heating facility capable of heating an adequate amount of water as required by the Standard Plumbing Code© to not less than 120°F (49°C). 302.5 Heating Facilities 302.5.1 Every dwelling unit shall have heating facilities which arc properly installed, are maintained in sale and good working conditions, and are capable of safely and adequately heating all habitable rooms and bathrooms. 302.5.2 Where a central heating system is not provided. each dwelling unit shall be provided with facilities whereby heating appliances may be connected. 302.5.3 Gas heaters listed for unvented use shall be permitted provided the total input rating of the heaters is less than 30 Btu per hour per Cu It (314 W/m') of room content. Such heaters shall be prohibited in bedrooms. 302.5.4 The use of any liquid fueled unventcd heating appliance shall be permitted in one and two family residences only, providing such appliance is tested and listed by an approved laboratory according to requirements of UL 647 (1984) and providing the fuel is stored in containers meeting ASTM ES -S for kerosene containers. 302.5.5 Any metal flue pipe that has been connected to a wood heating appliance that has experienced a flue lire shall be replaced unless otherwise specified by the manufacturer's instructions. 302.5.6 Any metal (pre-fab) fire place unit that has experienced a chimney fire shall be replaced unless otherwise specified by the manufacturer's instructions. 302.6 Kitchen Facilities Every dwelling unit shall contain a kitchen equipped with the following minimum facilities: 1. Food preparation surfaces impervious to water and free of defects which could trap food or liquid. 2. Shelving, cabinets or drawers for the storage of food and cooking and eating utensils, all of which shall be maintained in good repair. 3. Freestanding or permanently installed cookstovc. Portable electric cooking equipment shall not fulfill this requirement. Portable cooking equipment employing flame shall be prohibited. 4. Mechanical refrigeration equipment for the storage of perishable foodstuffs. Standard Housing Code* 1997 I- Exception: Nothing herein shall preclude a written agreement between an owner and tenant that the tenant will furnish mechanical refrigeration equipment and/or a cookstove as required in this section. It shall be an affirmative defense :mailable to an owner charged with a violation of this section if such an agreement exists. 302.7 Garbage Disposal Facilities Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, of a type and location approved by the applicable governing body. 302.8 Fire Protection A person shall not occupy as owner -occupant nor shall let to another for occupancy. any building or structure which does not complywith the applicable provisions of the fire prevention code of the applicable governing body. 302.9 Smoke Detector Systems Every dwelling unit shall be provided with an approved listed smoke detector, installed in accordance with the manufacturer's recommendations and listing. When activated, the detector shall provide an audible alarm. The detector shall be tested in accordance with and meet the requirements of UL 217 (1989), Single and Multiple Station Smoke Detectors. 303 MINIMUM REQUIREMENTS FOR LIGHT AND VENTILATION 303.1 Windows Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops. for every habitable room shall be 8% of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light -obstruction structures arc located less than 3 ft (914 mm) from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight -type window in the top of such room, the total window area of such skylight shall equal at least 15% of the total floor area of such room. 303.2 Ventilation' .. - 303.2.1 Every habitable room shall have at least one window or skylight which can be easily opened. or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall equal to at least 45% of the minimum window area size or minimum skylight -type window size, as required. or shall have other approved, equivalent ventilation. 10 303.2.2 Year round mechanically ventilating conditioned air systems may be substituted for windows, as required herein, in rooms other than rooms used for sleeping purposes. Window type airconditioning units arc not included in this exception. 303.3 Bathroom Every bathroom shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with an approved ventilating system. 303.4 Electric Lights and Outlets Where there is electric service available to the building structure, every habitable room or space shall contain at least two separate and remote receptacle outlets. Bedrooms shall have, in addition, at least one wall switch controlled lighting outlet. In kitchens, two separate and remote receptacle outlets shall be provided (receptacles rendered inaccessible by appliances fastened in place or by appliances occupying dedicated space shall not be considered as these required outlets) and a wall or ceiling lighting outlet controlled by a wall switch shall be provided. Every hall, water closet compartment. bathroom, laundry room or furnace room shall contain at least one ceiling -mounted or wall -mounted lighting outlet. In bathrooms, the lighting outlet shall be controlled by a wall switch. In addition to the lighting outlet in every bathroom and laundry room, there shall be provided at least one receptacle outlet. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. 303.5 Light lit Public Halls and Stairways Every common hall and inside stairway in every building. other than one -family dwellings, shall be adequately lighted N at all times with an illumination of at least I foot candle intensity (10.76 lux) at the floor in the darkest portion of the normally traveled stairs and passageways. 304 MINIMUM REQUIREMENTS FOR ELECTRICAL SYSTEMS Every electrical outlet and fixture, and all electrical wiring and equipment shall be installed, maintained and connected to a source of electric power in accordance with the provisions of the electrical code of the authority having jurisdiction. ' 305 GENERAL REQUIREMENTS FOR THE EXTERIOR AND INTERIOR OF STRUCTURES 305.1 Foundation ' The building foundation system shall be maintained in a safe manner and capable of supporting the load which normal use may cause to be placed thereon. Standard Housing Code* 1997 O 0 LI 305.2 Exterior Walls Even • exterior wall shall be free of holes, breaks. loose or rotting boards or timbers, and any other conditions which might admit rain, or dampness to the interior portions of the walls or to the occupied spaces of the building. All siding material shall be kept in repair 305.3 Roofs 305.3.1 Roofs shall be structurally sound and maintained in a safe manner and have no defects which might admit rain or cause dampness in the walls or interior portion of the building. 305.3.2 All portions, additions or sections of a roof including, but not limited to. the fascia, cave. soffit. sheathing. rafter tail, barge rafter, vent screening, gutter, downspout, roof jack. lead or metal flashing, shall be complete with all trim strips, moldings, brackets. braces and supports in accordance with common building practices. No item shall display signs of deterioration, abuse or improper installation that could be construed to affect the purpose of that item or cause damage to the immediate area or roof structure, that could allow dampness or admit rain to the interior of that building. 305.4 Means of Egress Every dwelling unit shall have safe, unobstructed means of egress with minimum ceiling height of 7 ft (2134 mm) leading to a safe and open space at ground level. Stairs shall have a minimum head room of 6 ft 8 inches (2032 mm). 305.5 Stairs, Porches and Appurtenances Every inside and outside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and good repair. 305.6 Protective Railings Protective railings shall be required on any unenclosed structure over 30 inches (762 mm) above the ground level or on any steps containing four risers or more. 305.7 Windows Every window shall be substantially weathertight, watertight and rodentproof, and shall be kept in sound working condition and good repair. 305.8 Windows to be Glazed Every window sash shall be fully supplied with glass window panes or an approved'substitute,which arc without open cracks or holes. 305.9 Window Sash .. , Window sash shall be properly fitted and weathertight within the window frame. 305.10 Windows To Be Openable Every window required for light and ventilation for habitable rooms shall be capable of being easily opened and secured in position by window hardware. 305.11 Exterior Doors 305.11.1 Every ex(erior door, basement or cellar door and hatchway shall be substantially weathertight, watertight, and rodentproof, and shall be kept in sound working condition and good repair. 305.11.2 Every exterior door shall be provided with properly installed hardware that is maintained to insure reasonable ease of operation to open. close and secure in an open or closed position. as intended by the manufacturer of the door and the attached hardware. 305.12 Exterior Door Frames 305.12.1 Exterior door frames shall be properly maintained and shall be affixed with weatherstripping and thresholds as required to be substantially weathertight. watertight and rodent and insect resistant when the door is in a closed position. 305.12.2 Exterior door jambs, stops, headers and moldings shall be securely attached to the structure. maintained in good condition without splitting or deterioration that would minimize the strength and security of the door in a closed position. 305.13 Screens 305.13.1 Dwelling units which do not have a central air conditioning system shall have screens on all exterior openable windows and doors used or required for ventilation. Screens on windows and doors shall be stretched and fitted and maintained without open rips or - tears. - 305.13.2 A closing devicc shall be installed on all screen doors. 305.14 Protective Treatment All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering 'or treatment. All siding shall be weather resistant and water tight. All masonry joints shall be sufficiently tuck pointed to insure water and air tightness. .. .... . . 305.15 Accessory Structures Garages, storage buildings and all other accessory structures shall be maintained and kept in good repair and sound structural condition. Standard Housing Code° 1997 11 305.16 Interior Floors, Walls, and Ceilings 305.16.1 Every floor, Interior wall and ceiling shall be substantially rodent proof. shall be kept in sound condition and good repair and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. 305.16.2 Every toilet, bathroom and kitchen floor surface shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. 305.17 Structural Supports Every structural element of the dwelling shall be maintained structurally sound and show no evidence of deterioration which would render it incapable of carn•ing normal loads 305.18 Protective Railings for Interior Stairs Interior stairs and stairwells more than four risers hi eh shall have handrails located in accordance with the requirements of the Standard Building Code©. Handrails or protective railings shall be capable of bearing normally imposed loads and be maintained in good condition. 305.19 Firestopping and Draftstopping 305.19.1 Firestopping shall be maintained to cut off all concealed draft openings both horizontal and vertical and to form a fire barrier between floors and between the upper floor and the roof space. 305.19.2 Draftstopping shall be maintained to cut off all concealed draft openings in floor/ceiling assemblies and in attics. 305.20 Interior Doors Every existing interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs. headers or tracks as intended by the manufacturer of the attachment hardware. 305.21 Interior Door Hardware Every interior door shall be provided with proper hardware. securely attached and maintained in good condition. Hasp lock assemblies are not permitted on the exterior side of the door of habitable rooms. 305.22 Bathroom Doors Privacy of bathrooms shall be afforded by doors complete with privacy hardware intended by the manufacturer for that purpose. .. - . 305.23 Skirting 305.23.1 Existing skirting shall be maintained free from broken or missing sections, pieces or cross members. Skirting shall be securely attached and sized from the ground to the lower outside perimeter of the structure. 12 305.23.2 Replacement or new skirting shall be constructed of materials intended for exterior use and properly sized and mounted to prevent free access to the crawl space of the structure. Crawl space access grille or door and ventilation grilles shall be sized according to local code requirements. 306 MINIMUM DWELLING SPACE REQUIREMENTS 306.1 Required Space in Dwelling Unit Every dwelling unit shall contain at least 150 sq ft (13.9 in2) of floor space for the first occupant thereof and at least an additional 100 sq ft (9.3 m)of floor area per additional occupant. The floor area shall be calculated on the basis of the total area of all habitable rooms. 306.2 Required Space in Sleeping Rooms In every dwelling unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 sq It of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 sq ft (4.6 m2) of floor space for each occupant thereof. 306.3 Minimum Ceiling Height 306.3.1 Habitable (space) rooms other than kitchens. storage rooms and laundry rooms shall have a ceiling height of not less than 7 ft (2134 mm). Hallways. corridors, bathrooms, water closet rooms and kitchens shall have a ceiling height of not less than 7 ft (2134 m) measured to the lowest projection from the ceiling. 306.3.2 If any room in a building has a sloping ceiling• the prescribed ceiling height for the room is required in only one-half the room area. No portion of the room measuring less than 5 ft (1524 mm) from the finished floor to the finished ceiling shall be included in any computation of the minimum room area. 306.4 Occupancy of Dwelling Unit below Grade No basement or cellar space shall be used as a habitable room or dwelling unit unless: 1. The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness. and 2. The total window area in each room is equal to at least the minimum window area size as required in 303.1. and 3. Such required minimum window area is located entirely above the grade of the ground adjoining such window area, and 4. The total of openable window area in each room is equal to at least the minimum as required under 303.2.1, except where some other device affording adequate ventilation is supplied. Standard Housing Code© 1997 • • • 307 SANITATION REQUIREMENTS 307.1 Sanitation Every owner of a multiple dwelling shall be responsible for maintaining in a clean and sanitary condition die shared or common areas of the dwelling and premises thereof. 307.2 Cleanliness Every tenant of a dwelling unit shall keel) in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies or which is provided for his particular use. 307.3 Garbage Disposal Even • tenant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents and all rubbish in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage or rubbish storage containers. 307.4 Care of Premises It shall be unlawful for the owner or occupant of a residential building, structure, or property to utilize the premises of such residential property for the open storage of any inoperable motor vehicle, ice box, refrigerator, stove. glass. building material. building rubbish or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises of such residential property clean and to remove from the premises all such abandoned items as listed above, including but not limited to weeds, dead trees, trash, garbage, etc.. upon notice from the housing official. 3075 Extermination Ever • owner of a single dwelling building and every owner of a building containing two or more dwelling units shall be responsible for the extermination of any insects, rodents. wood -destroying organisms. or other pests within the building or premises. 307.6 Use and Operation or Supplied Plumbing Fixtures Every tenant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. 308 ROOMING HOUSES 308.1 Compliance Exceptions No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this code except the provisions of 301. 302 and 307. 308.2 License Required No person shall operate a rooming house unless he holds a valid roosting house license. 308.3 Water Closet, Lavatory and Bath Facilities At least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system and in good working condition, shall be supplied for each four rooms within a rooming house wherever such facilities are shared. All such facilities shall be located on the floor they serve within the dwelling so as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. 30S.4 Water Heater Required Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. 3085 Minimum Floor Area for Sleeping Purposes Every room occupied for sleeping purposes by one person shall contain at least 70 sq ft (6.5 m2) of floor space and every room occupied for sleeping purposes by more than one person shall contain at least 50 sq ft (4.6 m2) of floor space for each occupant thereof. 308.6 Exit Requirements Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the building code of the applicable governing body. 308.7 Sanitary Conditions The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for maintenance of a sanitary condition in every other pan of the rooming house, and shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator. 309 DESIGNATION OF UNFIT DWELLINGS AND LEGAL PROCEDURE FOR CONDEMNATION 309.1 Dangerous Structures Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and declared to be a nuisance and shall be so designated and placarded by the housing official. I. One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin -infested that it creates a serious hazard to the health or safety of the occupants or the public. 2. One which lacks illumination, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or the public. Standard Housing Code© 1997 13 309.2 Form of Notice Whenever the housing official has declared a dwelling or multiple dwelling as unfit for human habitation and constituting a nuisance, he shall give notice to the owner of such declaration and plachrding of the dwelling or multiple dwelling as unfit for human habitation. Such notice shall: I. Be in writing: 2. Include a description of the real estate sufficient for identification: 3. State the time occupants must vacate the dwelling units: and 4. State that, if such repairs. reconstruction, alterations, removal, or demolition are not voluntarily completed within the stated time as set forth in the notice, the housing official shall institute such legal proceedings charging the person or persons. firm, corporation, or agent with a violation of this code. 309.3 Service of Notice Service of notice to vacate shall be as follows: I. By delivery to the owner personally. or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion: or 2. By depositing the notice in the United States Post Office addressed to the owner at his last known address with postage prepaid thereon: or 3. By posting and keeping posted for 24 hours a copy of the notice in placard form in a conspicuous place on the premises to be vacated. 309.4 Vacating of Condemned Building Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the housing official, shall be vacated within 30 days after notice of such condemnation has been given by the housing official to the owner and/or occupant of the building.. 309.5 Occupancy of Building No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until approval is secured from and such placard is removed by the housing official. The housing official shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. 309.6 Removal of Placard or Notice 'No person shall deface or remove the placard from any. dwelling or dwelling unit which has been condemned as . unfit for human habitation and placarded as such, except as provided in 309.5. . 14 Standard Housing Code° 1997 IZ•tvt1'v �a STATE OF ARKANSAS DEC 09 1998 County of Washington ORDINANCE NO. 4125 AN ORDINANCE AMENDING CHAPTER -157, NOTIFICA- TION AND PUBLIC HEAR- INGS, OF THE CODE OF FAYETTEVILLE, TO ADD SECTION 157.08, FIRE PRE- VENTION CODE, REQUIRING NOTIFICATION TO RESIDEN- TIAL PROPERTY..\OWNERS WITHIN 200 YARDS OF A I ULASTING'SITE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF-FAYETTEVILLE, ARKAN- SAS: Notific ioI. That Chapter 157ear- Notification and Public Hear- ings, of the Code of Fayetteville is hereby amended to add the following: •§157.08 FIRE PREVENTION CODE. Blasting. In addition to the re- quirements and regulations pro- vided in the Fire Prevention Code, the applicant for a blast- ing permit shall notify all resi- dential property owners located within 200 yards of a blasting site. Notification may be per- sonal contact or by written no- tice left at the residence and shall contain the dates of any blasting activity. Cross Reference: Fire Preven- tion Code/Building Code, §173.02. PASSED AND APPROVED this 17th day of November, 1998. APPROVED: By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk �1NMhe R I, JEFF JEFFUS, hereby certify that I am he pub Is er of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months and that the said newspaper publishes an average of more than forty percent news matter. certify that the legal notice attached in the matter of was published in the regular daily issue of said newspaper for — consecutive insertions as f ws: n, The first insertion on the day of 19 2 the second insertion on the the third insertion on the the fourth insertion on the Sworn to and subscribed before me on this My Commission Expires: day of 19 — day of 19 — of 19 eneral Manager day of Notary Public, State of Arkansas ' tary Public Washington County My Commission Expires 02!27/05 Fees for Printing.......................................................$ Cost of Proof...................... Total............................................ FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 11-24-98 DEPARTMENTAL CORRESPONDENCE TO: HEATHER WOODRUFF, CITY CLERK FR: BERT RAKES, INSP. DIV. DIR. RE: 1997 STANDARD HOUSING CODE Attached you will find three copies of the 1997 Edition of Standard Housing Code as adopted by ordinance by City Council. Said copies are for your safekeeping and public use.