[HISTORY: Adopted by the Town of Windsor Locks 3-6-1968. Amendments
noted where applicable.]
In order to clarify Housing Code requirements for the Town of
Windsor Locks, Connecticut, this separate document is created which
encompasses all the necessary factors governing habitation in present
society. To accomplish this end, all present ordinances pertaining
to housing which are now contained in the Revised Zoning Ordinance,
dated March 14, 1966, are presented as a compendium to this document
and form an integral part of this document.
This chapter shall be entitled "Housing Code of the Town of
Windsor Locks, Connecticut" and shall apply to all citizens of Windsor
Locks.
No person shall occupy, rent, lease, or let to another for occupancy
any dwelling unit which does not comply with this chapter, except
that the owner(s) of any existing nonconforming dwelling shall have
a reasonable time within which to correct the violation. "Reasonable
time" is defined as a minimum of 30 days and a maximum of 90 days.
The Housing Inspector shall decide as to what is deemed reasonable
on an individual basis dependent upon particular circumstances.
A.
Scope. Unless otherwise expressly stated, the following terms shall, for the purpose of this code, have the meanings indicated in § 187-5.
B.
Interchangeability.
Words used in the present tense include the future; words in the masculine
gender include the feminine and neuter; the singular number includes
the plural and the plural the singular.
C.
Terms defined in Building Code. Where terms are not defined in § 187-5 and are defined in the Building Code, they shall have the meanings ascribed to them as in the Building Code.
D.
Terms not
defined. Where terms are not defined under the provisions of this
code or under the provisions of the Building Code, they shall have
ascribed to them their ordinarily accepted meanings or such as the
context herein may imply.
As used in this chapter, the following terms shall have the
meanings indicated:
As applied to a material, device, or method of construction,
shall mean approved by the building-housing inspector under the provisions
of this code or approved by other authority designated by law to give
approval in the matter in question.
A portion of the building partly underground, but having
less than 1/2 its clear height below the average grade of the adjoining
ground.
The Basic Building Code, latest edition and accumulative
supplements issued by the State of Connecticut Public Works Department;
or such earlier edition and supplement thereof officially adopted
by the Board of Selectmen.
The portion of the building partly underground, having 1/2
or more than 1/2 of its clear height below the average grade of the
adjoining ground.
Any building which is used or intended to be used in whole
or in part for living or sleeping by human occupants; provided that
temporary housing as hereinafter defined shall not be regarded as
a dwelling.
Any room or group of rooms located within a dwelling for
use by one or more individuals and forming a single housekeeping unit
with facilities which are used or intended to be used for living,
sleeping, cooking and eating.
The open space on the premises and on adjoining property
under the control of owners or operators of such property.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by safe and approved
methods of poisoning, fumigating, trapping or other approved means
of elimination.
A group of persons related by blood, marriage or adoption
within and including the degree of first cousins.
The legally appointed person responsible for the enforcement
of the Fire Safety Code, State of Connecticut.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
The total area of all habitable space in a building or structure.
A room or enclosed floor space arranged for living, eating,
and sleeping purposes (not including bathrooms, water closet compartments,
laundries, pantries, foyers, hallways, and other accessory floor space).
A building arranged or used for sheltering, sleeping, or
feeding, for compensation, more than 20 individuals.
The building official charged with the responsibility of
administering this code and the enforcement thereof, who shall be
appointed by the First Selectman.
[Amended 6-2-1970]
The presence, within or around a dwelling, of insects, rodents,
vermin or other pests.
For purpose of this code, a motel shall be defined the same
as a hotel (see definition of "hotel" above).
A building containing more than two dwelling units.
A building containing one dwelling unit with one family (refer
to the definition of "family" above).
That part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person who has charge, care or control of a building,
including a rooming house, or part thereof, in which dwelling units
or rooming are let or offered for occupancy.
The owner or owners of the freehold of the premises or lesser
estate therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee or other firm or corporation in
control of a building; or their duly authorized agents.
An individual, firm, corporation, association or partnership.
Water heating facilities, water pipes, gas pipes, garbage
and disposal units, waste lavatories, bathtubs, shower baths, installed
clothes-washing machines, or other similar equipment, catch basins,
drains, vents, or other similarly supplied fixtures, together with
all connections to water, gas, sewer or vent lines.
A lot, plot or parcel of land, including the buildings or
structures thereon.
A building in which sleeping accommodations or sleeping accommodations
and cooking facilities as a unit are provided; except when classified
as an institution under the Building Code.
Any residence, building or any part thereof, containing three
or more rooming units, in which space is let by the owner or operator
to persons who are not members of the family.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
or eating purposes.
Combustible and noncombustible waste materials, except garbage;
and the term shall include the residue from the burning of wood, coal,
coke, and other combustible materials, paper rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
material.
An approved sanitary sewer in compliance with the Sanitary
Ordinance of the Town of Windsor Locks.[1]
Installed, furnished or provided by the owner or operator.
A building containing two dwelling units with two families
(refer to the definition of "family" above).
The process of supplying and removing air by natural or mechanical
means to or from any space.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors, louvres, or stacks without wind-driven devices.
Whenever the words "workmanlike, state of maintenance and
repair" are used in this code, they shall mean that such maintenance
and repair shall be made in a reasonably skillful and safe manner.
An open, unoccupied space on the same lot with a building
extending along the entire length of a street, or rear, or interior
lot line.
A.
No owner or other person shall occupy or let to another person any
vacant dwelling or dwelling unit unless it and the premises are clean,
sanitary, fit for human occupancy, and comply with all applicable
legal requirements of the State of Connecticut and the Town of Windsor
Locks.
B.
Every owner of a dwelling containing two or more dwelling units shall
maintain in a clean and sanitary condition the shared or public areas
of the dwelling and premises thereof and shall supply facilities or
containers for the sanitary and safe storage and/or disposal of rubbish
and garbage. Garbage containers used for storage pending collection
shall be rodentproof, insectproof, and watertight.
C.
Every occupant of a dwelling or dwelling unit shall maintain in a
clean and sanitary condition that part or those parts of the dwelling,
dwelling unit, and premises thereof that he occupies and controls
and shall dispose of or store pending collection all his rubbish and
garbage in a clean, sanitary, and safe manner. Garbage containers
used for storage pending collection shall be rodentproof, insectproof,
and watertight.
No person shall occupy as owner, occupant, or let to another
for occupancy any dwelling or dwelling unit for the purpose of living,
sleeping, cooking, or eating therein, which does not comply with the
following requirements:
A.
Every dwelling unit shall have a room or portion of a room in which
food may be prepared and/or cooked and which shall be equipped with
the following:
(1)
A kitchen sink in good working condition and properly connected to
an approved water supply providing at all times an adequate amount
of heated and unheated running water under pressure and properly connected
to a sewer system or approved septic tank.
(2)
Cabinets and/or shelves for the storage of kitchen utensils and dry
goods and food that does not under ordinary maximum summer conditions
require refrigeration for safekeeping.
(3)
A stove for cooking food and a refrigerator for the safe storage
of food at temperatures between 30° F. and 50° F.,
which are properly installed with all necessary connections for safe,
sanitary and efficient operation, provided that such stove and refrigerator
need not be installed when a dwelling unit is not occupied and when
the occupant is expected to provide same upon occupancy, and that
sufficient space for the safe and efficient installation and operation
of said stove and refrigerator is provided.
B.
Every dwelling unit shall have adequate bathroom facilities consisting
of a water closet, lavatory basin, and tub or shower, all properly
connected to a water system that at all times provides an adequate
amount of running water under pressure, heated and unheated as applicable,
and all properly connected to a sewer system or approved septic tank.
These facilities may be combined in one room or in more than one room
so long as privacy is afforded to the person within the room.
C.
Every dwelling unit shall have one or more approved means of egress
leading to safe and open space at ground level as required by the
State of Connecticut and by the Town of Windsor Locks.
No person shall occupy as owner, occupant, or let to another
for occupancy any dwelling or dwelling unit for the purpose of living
therein which does not comply with the following requirements:
A.
Every habitable room shall have at least one window or skylight facing
directly outdoors, and the minimum total window area shall be 10%
of the floor area. At least 1/2 of the minimum window area shall be
capable of being easily opened to allow adequate ventilation of the
room unless other approved means of adequate ventilation are provided.
Ventilating portions of windows and exterior doors or doors opening
directly from a dwelling unit to outside space shall have insect screens
and screen doors installed during the warm months of the year.
B.
Every bathroom and water closet shall comply with the light and ventilation requirements for habitable rooms contained in Subsection A, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with an approved ventilation system.
C.
Every habitable room shall have an electric service and outlets and/or
fixtures capable of providing at least three watts per square foot
of floor area with at least one wall-type electric convenience outlet
for each room other than the kitchen, which must have at least two
outlets.
D.
Every water closet compartment, bathroom, laundry room, furnace room
and public hall shall contain at least one supplied ceiling or wall-type
electric light fixture.
E.
Every public hall and stairway in every multiple dwelling shall be
adequately lighted at all times so as to provide at least six footcandles
of light at the tread or floor level. Every public hall and stairway
in structures containing not more than two dwelling units shall be
supplied with conveniently located light switches, controlling an
adequate lighting system which may be turned on when needed instead
of full-time lighting.
F.
Every public hallway which exceeds 15 feet in length shall be equipped
with an approved emergency (zoned) lighting system.
No person shall occupy as owner, occupant, or let to another
for occupancy any dwelling or dwelling unit for the purpose of living
therein which does not comply with the following requirements: Every
dwelling shall have heating facilities which are properly installed
and are maintained in a safe working condition and are capable of
safely and adequately heating all habitable rooms, bathrooms, and
water closet compartments in every dwelling unit located therein to
a temperature of at least 68° F., at a distance of three
feet above floor level when the outside temperature is 0° F.
Unvented flame space heaters are prohibited. All oil-fired space heaters
are prohibited. Underwriters Laboratory approved portable electric
heaters are acceptable, provided they are adequately protected by
fusing.
No person shall occupy as owner, occupant, or let to another
for occupancy any dwelling or dwelling unit for the purpose of living
therein which does not comply with the following requirements:
A.
Every foundation, floor, roof, ceiling, exterior and interior wall
shall be reasonably weathertight, watertight, and damp-free; shall
be kept in sound condition and good repair; and shall provide reasonable
privacy for the occupants. Rainwater shall drain from roofs so as
not to cause dampness in the walls, ceilings, or floors of any habitable
room, bathroom, or water closet compartment.
B.
Every window, exterior door, ventilator, skylight, basement hatchway,
or similar devices shall be kept rodentproof and reasonably watertight
and weathertight and shall be maintained in sound working condition
and good repair.
C.
Every dwelling, other building, or accessory structure shall be rodentproof
and maintained so as to prevent rodent harborage.
D.
Every foundation, roof, floor, exterior and interior walls, ceilings,
inside and outside stairs, every porch, and every appurtenance thereto
shall be safe to use and capable of supporting the loads that normal
use may cause to be placed thereon and shall be maintained in sound
condition and good repair.
E.
All required utilities, facilities, and equipment, including plumbing
fixtures, chimneys, flues, piping, heating and lighting systems and
equipment, shall be so installed and maintained as to function in
a safe, sanitary and effective manner, and they shall not be removed
or shut off or discontinued except temporarily for repairs or alterations
or upon the approval of the Housing Inspector.
F.
All construction and materials and ways and means of egress and installation
and use of equipment shall conform to applicable state and local laws
dealing with fire protection.
No person shall occupy or let to be occupied any dwelling or
dwelling unit for the purpose of living therein which does not comply
with the following requirements:
A.
Every dwelling unit shall contain at least 150 square feet of floor
space for the first occupant thereof and at least 100 square feet
of floor space for every additional occupant thereof; the floor space
to be calculated on the basis of total habitable room area.
B.
Every room occupied for sleeping purposes shall contain at least
60 square feet of floor area for the first adult occupant and at least
40 square feet of floor area for each additional adult occupant thereof.
Every room occupied for sleeping purposes shall contain at least 35
square feet of floor area for each child.
C.
At least 1/2 of the floor area of every habitable room shall have
a ceiling height of at least seven feet, and the floor area of that
part of any room when the ceiling height is less than four feet shall
not be considered as part of the floor area in computing the total
floor area of the room for the purpose of determining the maximum
permissible occupancy thereof.
D.
No portion of a building, the floor area of which is partially or
totally below grade, shall be used as a sleeping room or dwelling
unit unless, in addition to the other provisions of this Code, the
floor and walls are of waterproof and dampproof construction, and
the minimum aggregate glass area of windows as required is located
entirely above the grade of the ground adjoining such window area.
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 chapter other than the provisions of §§ 187-6 and 187-7. No owner or other person shall occupy or let to another person any vacant rooming unit unless it is clean, sanitary, and fit for human occupancy, and complies with all applicable requirements of this chapter and of any rules and regulations adopted pursuant thereto.
A.
No person shall operate a rooming house unless approved by the Fire
Marshal and unless he holds a valid rooming house permit issued by
the Board of Selectmen upon recommendation of the Housing Inspector
in the name of the operator and for the specific dwelling or dwelling
unit.
(1)
This
permit shall not be transferable and shall be displayed in a conspicuous
place within the rooming house at all times.
(2)
Every
person holding such a permit shall give notice in writing to the Housing
Inspector within 24 hours after having sold, transferred, given away,
or otherwise disposed of ownership of, interest in, or control of
any rooming house. Such notice shall include the name and address
of the person succeeding to the ownership or control of such rooming
house.
(3)
Every
rooming house permit shall expire at the end of one year following
its date of issuance unless sooner suspended or revoked as hereinafter
provided.
(4)
Prior to the issuance of original permit and renewal thereof, the
Housing Inspector shall inspect said rooming house to assure compliance
with this code.
B.
At least one flush water closet, lavatory basin, and bathtub or shower,
properly connected to a water and sewer system or an approved septic
tank and in good working condition, shall be supplied for each six
persons within a rooming house, including members of the operator's
family wherever they share the use of the facilities provided that:
(1)
In a rooming house where rooms are let only to males, flush urinals
may be substituted for not more than 1/2 the required number of water
closets.
(2)
All such facilities shall be so located within the dwelling as to
be reasonably accessible from a common hall or passageway to all persons
sharing such facilities.
(3)
Every lavatory and bathtub or shower shall be supplied with hot water
at all times.
(4)
No such facilities shall be located in a basement.
(5)
Cooking in a rooming unit shall be prohibited. Communal cooking and
dining facilities in a rooming house shall be prohibited.
(6)
Rooming unit doors shall have operating locks to ensure privacy.
C.
The operator of every rooming house shall change supplied bed linen
and towels therein at least once each week and prior to letting any
room to any occupant. The operator shall be responsible for the maintenance
of all supplied bedding in a clean and sanitary manner.
D.
Every room occupied for sleeping purposes by one person shall contain
at least 100 square feet of floor area, and every room occupied for
sleeping purposes by more than one person shall contain at least 70
square feet of floor space for each occupant thereof.
E.
Every rooming unit shall have one or more safe, unobstructed means
of egress leading to safe and open space at ground level as required
by the State of Connecticut and the Town of Windsor Locks.
F.
Every provision of this chapter which applies to rooming houses shall
also apply to hotels and motels except to the extent that any such
provision may be found in conflict with the laws of the State of Connecticut
or the Town of Windsor Locks.
A.
The Housing Inspector or his duly assigned representative and/or
representatives are hereby authorized to make periodic inspections
between the hours of 8:00 a.m. and 5:00 p.m., or at such time as mutually
agreed upon with the owner or occupant, to determine the condition
of dwellings, dwelling units, rooming units, and premises within the
Town of Windsor Locks for the purpose of determining compliance with
the provisions of this chapter.
B.
The owner or occupant or the person in charge thereof of each dwelling,
dwelling unit, rooming unit, or premises within the Town of Windsor
Locks shall give the Housing Inspector or his duly assigned representative(s)
free access for the purpose of such inspection, examination, and survey.
Refusal to permit entry and free access during the inspection shall
constitute a misdemeanor and, upon conviction of same, the fine shall
not exceed $25 for each such offense.
A.
Whenever the Housing Inspector determines that a violation or violations
to this chapter exist, be shall give notice of the alleged violation
or violations to the person or persons responsible therefor, requiring
that the violation or violations be corrected. This notice shall be
in writing; describe the alleged violation or violations and state
the address; and allow a reasonable time, not to exceed 90 days, for
the correction of the alleged violation or violations. After the passage
of the period of time allowed for the correction of any alleged violation,
the Housing Inspector shall reinspect the property to determine whether
there has been compliance with the notice of violation. The consent
of the owner, operator, or person in charge thereof shall be requested
before the reinspection is made, and no such reinspection shall be
undertaken without such consent.
B.
In the event that such consent is refused, the Housing Inspector,
upon procurement of a duly issued search warrant, is hereby authorized
to enter, inspect, examine, and survey the property for the purpose
of determining whether there has been compliance with the notice of
violation.
A.
There is hereby created a Housing Code Appeals Board to consist of
five regular members and two alternates. Said members and alternates
are to be appointed by the Board of Selectmen. Those first appointed
shall be designated to serve for one, two, three, four and five years
respectively, and thereafter members shall be appointed annually to
serve for five years. Each member shall serve until his successor
is appointed and has qualified, and any vacancy shall be filled in
like manner for the unexpired term. Three members of said Board shall
be chosen from the following persons:
(1)
A Fire Chief or Fire Marshal from the Town's Fire Department.
(2)
A licensed architect or a licensed civil engineer.
(3)
A building, plumbing or electrical contractor.
(4)
A licensed physician or a registered nurse.
(5)
A professional social worker.
(6)
A Planning and Zoning Commissioner.
(7)
A Zoning Appeals Board Commissioner.
B.
Any person aggrieved by notice of the Housing Inspector issued in
connection with any inspection, examination, or survey pursuant to
this chapter may request in writing a hearing on the matter before
the Housing Code Appeals Board. This written request shall be submitted
within 20 days after the notice of the Housing Inspector is served
upon such person. Within 10 days of the receipt of such written request,
the Housing Code Appeals Board shall set a time and place for such
hearing and shall notify the petitioner in writing thereof, by registered
or certified mail, return receipt requested.
C.
A majority vote of the Housing Code Appeals Board, after a full hearing
is had, shall sustain, modify, or withdraw the notice.
D.
Any person aggrieved by an order of the Housing Inspector relative
to the enforcement of this Code as upheld by the Housing Code Appeals
Board may, within 15 days of denial, appeal to the Court of Common
Pleas, County of Hartford.
A.
The Housing Inspector is hereby authorized to enter, inspect, examine,
and survey all rooming houses between the hours of 8:00 a.m. and 5:00
p.m., for the purpose of determining compliance with the provisions
of this chapter or any applicable rule or regulation adopted pursuant
thereto. Where violations exist, the Housing Inspector shall give
notice in writing to the operator of such rooming house that unless
such violations are corrected within 30 days, the operator's
permit shall be suspended. At the end of 30 days, the Housing Inspector
shall reinspect such rooming house; and if he determines that the
violations have not been corrected, he shall issue an order suspending
the operator's permit.
B.
Any person whose permit to operate a rooming house has been suspended by order of the Housing Inspector may petition for and be granted a hearing on the matter in accordance with the procedure set forth in § 187-15. This petition shall be submitted within 10 days following the day on which the permit was suspended; otherwise, the permit shall be deemed revoked.
Any person who shall willfully refuse or fail to obey an order
of the Housing Code Board of Appeals to meet the minimum standards
of this chapter or of any rule or regulation adopted pursuant thereto
shall, upon conviction, be fined not less than $10 nor more than $100.
Each day's failure to comply shall constitute a separate violation.
The validity of this Code is established by the State of Connecticut
Housing Code.
A.
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 shall be so designated and placarded by the Health Officer and
shall be vacated within 30 days:
(1)
One which is so damaged, decayed, dilapidated, unsanitary, unsafe,
or vermin-infested that it creates a serious hazard to the health
and safety of the occupants or of the public.
(2)
One which lacks illumination, ventilation, or sanitation facilities
adequate to protect the health or safety of the occupants or of the
public.
(3)
One which because of its general condition or location is unsanitary
or otherwise dangerous to the health or safety of the occupants or
of the public.
B.
No dwelling, dwelling unit, or rooming unit that has been condemned
and placarded as unfit for human habitation shall again be used for
human habitation until written approval is secured from and such placard
is removed by the Housing Inspector after the defect or defects have
been eliminated.
C.
Any person who willfully defaces or removes the placard from any
condemned dwelling, dwelling unit, or rooming unit shall, upon conviction,
be subject to a fine of not less than $25 nor more than $50.
In any case where a provision of this chapter is found to be
in conflict with any existing code, ordinance, or regulation of the
Town of Windsor Locks existing on the effective date of this chapter,
the provision which establishes the higher standard for the promotion
and protection of the health and safety of the people shall prevail.
The Housing Inspector and his representative and/or representatives
shall be free from personal liability while in the performance of
official duties.
