Editor's Note — Ord. no. 08-31, adopted June 4, 2008, repealed ch. 510 and enacted new provisions set out herein. Former ch. 510 derived from ord. no. 93-80 §1, 9-15-1993; ord. no. 95-09 §1, 3-1-1995; ord. no. 97-31 §1, 5-7-1997; ord. no. 04-50 §7, 10-6-2004; ord. no. 05-36 §§1 — 2, 8-3-2005; ord. no. 06-35 §1, 7-5-2006.
Editor's Note: Ord. No. 21-23, adopted 7-7-2021, repealed former Ch. 510, Existing Residential Structures Code, containing Sections 510.010 through 510.100. Former Ch. 510 derived from Ord. Nos. 08-31 and Ord. No. 19-18.
[Ord. No. 21-23, 7-7-2021]
A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Bridgeton, being marked and designated as the International Property Maintenance Code, 2015 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Bridgeton, in the State of Missouri, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation.
[Ord. No. 21-23, 7-7-2021]
A. 
The following Sections are hereby revised:
1. 
Section 101.1. Insert: City of Bridgeton.
2. 
Section 103.5. Insert: Section 302.10 and 302.11.
3. 
Section 112.4. Insert: $100.00 and $1,000.00.
4. 
Section 201. Insert: Definitions.
5. 
Section 302.4. Insert: 10."
6. 
Section 304.14. Insert: April 1st -October 1st.
7. 
Section 602.3. Insert: October 1st -May 1st.
8. 
Section 602.4. Insert: October 1st -May 1st.
[Ord. No. 21-23, 7-7-2021]
CHAPTER 1
SCOPE AND ADMINISTRATION
SECTION 101
GENERAL
[A] 101.1 Title.
These regulations shall be known as the International Property Maintenance Code of The City of Bridgeton, Missouri, hereinafter referred to as "this code."
[A] 101.2 Scope.
The provisions of this code shall apply to all existing residential and non-residential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner's authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
[A] 101.3 Intent.
This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.
[A] 101.4 Severability.
If a Section, Subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
101.5 Nuisance, Injunction.
[Ord. No. 08-31, 6-4-2008]
Any violation of this Chapter is hereby declared to be a nuisance. In addition to any other relief provided by this Chapter, the City may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this Chapter. Such application for relief may include seeking a temporary restraining order, temporary injunction or permanent injunction.
101.6 Governing Law in Case of Conflict.
[Ord. No. 08-31, 6-4-2008]
The provisions of this Chapter 510 shall control and govern in the event of any conflict or inconsistency between any provision of this Chapter 510 and the provisions of any other ordinance of the City.
101.7 Separability.
[Ord. No. 08-31, 6-4-2008]
The provisions and Sections of this Chapter shall be deemed to be separable and the invalidity of any portion of this Chapter shall not affect the validity of the remainder.
SECTION 102
APPLICABILITY
[A] 102.1 General.
Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different Sections of this code specify different requirements, the most restrictive shall govern.
[A] 102.2 Maintenance.
Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, owner's authorized agent, operator or occupant shall cause any service, facility, equipment or utility that is required under this Section to be removed from, shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's authorized agent shall be responsible for the maintenance of buildings, structures and premises.
[A] 102.3 Application of other codes.
Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code.
[A] 102.4 Existing remedies.
The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure that is dangerous, unsafe and insanitary.
[A] 102.5 Workmanship.
Repairs, maintenance work, alterations or installations that are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's instructions.
[A] 102.6 Historic buildings.
The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings where such buildings or structures are judged by the Code Official to be safe and in the public interest of health, safety and welfare.
[A] 102.7 Referenced codes and standards.
The codes and standards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2.
Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.
[A] 102.7.1 Conflicts.
Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply.
[A] 102.7.2 Provisions in referenced codes and standards.
Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.
[A] 102.8 Requirements not covered by code.
Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the Code Official.
[A] 102.9 Application of references.
References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
[A] 102.10 Other laws.
The provisions of this code shall not be deemed to nullify any provisions of local, state or Federal law.
SECTION 103
DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION
[A] 103.1 General.
The Department of Property Maintenance Inspection is hereby created and the executive official in charge thereof shall be known as the Code Official.
[A] 103.2 Appointment.
The Code Official shall be appointed by the chief appointing authority of the jurisdiction.
[A] 103.3 Deputies.
In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Code Official shall have the authority to appoint a deputy(s). Such employees shall have powers as delegated by the Code Official.
[A] 103.4 Liability.
The Code Official, member of the Board of Appeals or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties.
[A] 103.4.1 Legal defense.
Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code.
[A] 103.5 Fees.
The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule.
See Section 302.10 and 302.11 and Title V Building and Construction, Chapter 500: Building Code, Section 108 Fees
SECTION 104
DUTIES AND POWERS OF THE CODE OFFICIAL
[A] 104.1 General.
The Code Official is hereby authorized and directed to enforce the provisions of this code. The Code Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.
[A] 104.2 Inspections.
The Code Official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
[A] 104.3 Right of entry.
Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the Code Official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the Code Official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the Code Official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the Code Official shall first make a reasonable effort to locate the owner, owner's authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the Code Official shall have recourse to the remedies provided by law to secure entry.
[A] 104.4 Identification.
The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
[A] 104.5 Notices and orders.
The Code Official shall issue all necessary notices or orders to ensure compliance with this code.
[A] 104.6 Department records.
The Code Official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records.
SECTION 105
APPROVAL
[A] 105.1 Modifications.
Whenever there are practical difficulties involved in carrying out the provisions of this code, the Code Official shall have the authority to grant modifications for individual cases upon application of the owner or owner's authorized agent, provided the Code Official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.
[A] 105.2 Alternative materials, methods and equipment.
The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the Code Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the Code Official shall respond in writing, stating the reasons the alternative was not approved.
[A] 105.3 Required testing.
Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the Code Official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.
[A] 105.3.1 Test methods.
Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the Code Official shall be permitted to approve appropriate testing procedures performed by an approved agency.
[A] 105.3.2 Test reports.
Reports of tests shall be retained by the Code Official for the period required for retention of public records.
[A] 105.4 Used material and equipment.
The use of used materials that meet the requirements of this code for new materials is permitted. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested where necessary, placed in good and proper working condition and approved by the Code Official.
[A] 105.5 Approved materials and equipment.
Materials, equipment and devices approved by the Code Official shall be constructed and installed in accordance with such approval.
[A] 105.6 Research reports.
Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.
SECTION 106
VIOLATIONS
[A] 106.1 Unlawful acts.
It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.
[A] 106.2 Notice of violation.
The Code Official shall serve a notice of violation or order in accordance with Section 107.
[A] 106.3 Prosecution of violation.
Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Code Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
[A] 106.4 Violation penalties.
Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by State or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
[A] 106.5 Abatement of violation.
The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
SECTION 107
NOTICES AND ORDERS
[A] 107.1 Notice to person responsible.
Whenever the Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3.
[A] 107.2 Form.
Such notice prescribed in Section 107.1 shall be in accordance with all of the following:
1.
Be in writing.
2.
Include a description of the real estate sufficient for identification.
3.
Include a statement of the violation or violations and why the notice is being issued.
4.
Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code.
5.
Inform the property owner or owner's authorized agent of the right to appeal.
6.
Include a statement of the right to file a lien in accordance with Section 106.3.
[A] 107.3 Method of service.
Such notice shall be deemed to be properly served if a copy thereof is:
1.
Delivered personally;
2.
Sent by certified or first-class mail addressed to the last known address; or
3.
If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
[A] 107.4 Unauthorized tampering.
Signs, tags or seals posted or affixed by the Code Official shall not be mutilated, destroyed or tampered with, or removed without authorization from the Code Official.
[A] 107.5 Penalties.
Penalties for non-compliance with orders and notices shall be as set forth in Section 106.4.
[A] 107.6 Transfer of ownership.
It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or the owner's authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
SECTION 108
UNSAFE STRUCTURES AND EQUIPMENT
[A] 108.1 General.
When a structure, equipment, or premises is found by the Code Official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.
[A] 108.1.1 Unsafe structures or premises.
An unsafe structure or premises is one (1) that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
Unsafe premises are premises found by the Code Official to present hazards to owners, occupants, visitors or the public because of such conditions as contamination, outdoor storage or use of explosives, hazardous materials or chemical, unstable ground, subsidence or sinkholes, or falling, fallen or failing trees.
[A] 108.1.2 Unsafe equipment.
Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
[A] 108.1.3 Structure unfit for human occupancy.
A structure is unfit for human occupancy whenever the Code Official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
[A] 108.1.4 Unlawful structure.
An unlawful structure is one (1) found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.
[A] 108.1.5 Dangerous structure or premises.
For the purpose of this code, any structure or premises that have any or all of the conditions or defects described below shall be considered dangerous:
1.
Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved Building or Fire Code of the jurisdiction as related to the requirements for existing buildings.
2.
The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.
3.
Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.
4.
Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half (1 1/2) the original designed value.
5.
The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.
6.
The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.
7.
The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.
8.
Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or Fire Code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.
9.
A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the Code Official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
10.
Any building or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the Code Official to be a threat to life or health.
11.
Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.
[A] 108.2 Closing of vacant structures.
If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Code Official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner's authorized agent to close up the premises within the time specified in the order, the Code Official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource.
[A] 108.2.1 Authority to disconnect service utilities.
The Code Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.7 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without approval. The Code Official shall notify the serving utility and, whenever possible, the owner or owner's authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner, owner's authorized agent or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.
[A] 108.3 Notice.
Whenever the Code Official has condemned a structure or equipment under the provisions of this Section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner's authorized agent or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2.
[A] 108.4 Placarding.
Upon failure of the owner, owner's authorized agent or person responsible to comply with the notice provisions within the time given, the Code Official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
[A] 108.4.1 Placard removal.
The Code Official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Code Official shall be subject to the penalties provided by this code.
[A] 108.5 Prohibited occupancy.
Any occupied structure condemned and placarded by the Code Official shall be vacated as ordered by the Code Official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner, owner's authorized agent or person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.
[A] 108.6 Abatement methods.
The owner, owner's authorized agent, operator or occupant of a building, premises or equipment deemed unsafe by the Code Official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.
[A] 108.7 Record.
The Code Official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
SECTION 109
EMERGENCY MEASURES
[A] 109.1 Imminent danger.
When, in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
[A] 109.2 Temporary safeguards.
Notwithstanding other provisions of this code, whenever, in the opinion of the Code Official, there is imminent danger due to an unsafe condition, the Code Official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the Code Official deems necessary to meet such emergency.
[A] 109.3 Closing streets.
When necessary for public safety, the Code Official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
[A] 109.4 Emergency repairs.
For the purposes of this Section, the Code Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
[A] 109.5 Costs of emergency repairs.
Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises or owner's authorized agent where the unsafe structure is or was located for the recovery of such costs.
[A] 109.6 Hearing.
Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Appeals Board, be afforded a hearing as described in this code.
SECTION 110
DEMOLITION
[A] 110.1 General.
The Code Official shall order the owner or owner's authorized agent of any premises upon which is located any structure, which in the Code Official's or owner's authorized agent judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two (2) years, the Code Official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one (1) year, unless approved by the Building Official.
[A] 110.2 Notices and orders.
Notices and orders shall comply with Section 107.
[A] 110.3 Failure to comply.
If the owner of a premises or owner's authorized agent fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
[A] 110.4 Salvage materials.
When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
SECTION 111
MEANS OF APPEAL
[A] 111.1 Application for appeal.
Any person directly affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal to the Board of Appeals, provided that a written application for appeal is filed within twenty (20) days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
[A] 111.2 Membership of board.
The Board of Appeals shall consist of not less than three (3) members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The Code Official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms.
[A] 111.2.1 Alternate members.
The chief appointing authority shall appoint not less than two (2) alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership.
[A] 111.2.2 Chairman.
The board shall annually select one (1) of its members to serve as chairman.
[A] 111.2.3 Disqualification of member.
A member shall not hear an appeal in which that member has a personal, professional or financial interest.
[A] 111.2.4 Secretary.
The Chief Administrative Officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the Chief Administrative Officer.
[A] 111.2.5 Compensation of members.
Compensation of members shall be determined by law.
[A] 111.3 Notice of meeting.
The board shall meet upon notice from the chairman, within twenty (20) days of the filing of an appeal, or at stated periodic meetings.
[A] 111.4 Open hearing.
Hearings before the board shall be open to the public. The appellant, the appellant's representative, the Code Official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of a minimum of two-thirds (2/3) of the board membership.
[A] 111.4.1 Procedure.
The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
[A] 111.5 Postponed hearing.
When the full board is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
[A] 111.6 Board decision.
The board shall modify or reverse the decision of the Code Official only by a concurring vote of a majority of the total number of appointed board members.
[A] 111.6.1 Records and copies.
The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the Code Official.
[A] 111.6.2 Administration.
The Code Official shall take immediate action in accordance with the decision of the board.
[A] 111.7 Court review.
Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the Chief Administrative Officer.
[A] 111.8 Stays of enforcement.
Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Appeals Board.
SECTION 112
STOP WORK ORDER
[A] 112.1 Authority.
Whenever the Code Official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the Code Official is authorized to issue a stop work order.
[A] 112.2 Issuance.
A stop work order shall be in writing and shall be given to the owner of the property, to the owner's authorized agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume.
[A] 112.3 Emergencies.
Where an emergency exists, the Code Official shall not be required to give a written notice prior to stopping the work.
[A] 112.4 Failure to comply.
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars ($100.00) or more than one thousand dollars ($1,000.00).
CHAPTER 2
DEFINITIONS
SECTION 201
GENERAL
201.1 Scope.
Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this Chapter.
201.2 Interchangeability.
Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
201.3 Terms defined in other codes.
Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential Code, International Zoning Code or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes.
201.4 Terms not defined.
Where terms are not defined through the methods authorized by this Section, such terms shall have ordinarily accepted meanings such as the context implies.
201.5 Parts.
Whenever the words 'dwelling unit, 'dwelling,' 'premises,' 'building,' 'manufactured home,' 'mobile home,' 'modular home,' 'recreational vehicle,' 'rooming house,' 'rooming unit,' 'story' or 'structure' are stated in this code, they shall be construed as though they were followed by the words 'or any part thereof.'
SECTION 202
GENERAL DEFINITIONS
ACCESSORY STRUCTURE. A detached structure subordinate to the main or principal structure and located on the same lot, the use of which is customary to the main building; or fences, swimming pools and including detached garages, shed(s), swimming pools, carports, playground equipment, tree house, fences antennas, satellite dishes, tents, retaining walls.
APARTMENT. A multiple-family dwelling or development containing three (3) or more rental units under one (1) ownership.
ANCHORED. Secured in a manner that provides positive connection.
[A] APPROVED. Acceptable to the Code Official.
BASEMENT. That portion of a building which is partly or completely below grade.
BATHROOM. A room containing plumbing fixtures including a bathtub or shower.
BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.
CERTIFICATE OF EXTERIOR APPEARANCE COMPLIANCE. Shall be as defined in Chapter 510: International Property Maintenance Code, Edition 2015, Section 302.10 and Title V Building and Construction, Chapter 500: Building Code, Section 108 FEES It may also be referenced to in this Chapter as "certificate."
CITY CODE. The Municipal Code of Ordinances of the City of Bridgeton, Missouri.
[A] CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative.
CONDOMINIUM. Condominium shall have the meaning ascribed to "condominium" under the Missouri Uniform Condominium Act, which is: real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
CONDEMN. To adjudge unfit for occupancy.
COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs, shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a Code Official, the governing body or Board of Appeals.
DETACHED. When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection.
DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness.
[BG] DWELLING UNIT. A single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. This term, is intended to include, but not be limited to, mobile, manufactured, and modular homes.
[Z] EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots.
ELECTRICAL CODE. The 2015 National Electrical Code as adopted in Chapter 525 of the City Code.
EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure.
EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises.
FAMILY. An individual or two (2) or more persons related by blood or marriage or adoption or a group of not more than three (3) persons who need not be related by blood or marriage or adoption living together and subsisting in common as a single non-profit housekeeping unit utilizing only one (1) kitchen.
GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
GROSS SPACE. Total space in the principal building less non-habitable attic, basement and garage areas computed from exterior dimensions. If additional habitable space has been added for living, eating or sleeping purposes, the owner shall provide documentation or allow the City access to the property to verify that such additional space is in compliance with the Building Code.
[BE] GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
[BG] HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
HISTORIC BUILDING. Any building or structure that is one (1) or more of the following:
1.
Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places.
2.
Designated as historic under an applicable State or local law.
3.
Certified as a contributing resource within a National Register or State or locally designated historic district.
HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.
IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time.
INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
INOPERABLE MOTOR VEHICLE. A vehicle 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.
INSPECTOR. A member of the City staff or a person contracted by the City who performs the function of inspections of dwellings for compliance with the provisions of this Chapter. The inspector(s) of the City includes code enforcement, fire, police or any other person conducting such inspections as authorized by the Director of Public Works.
[A] LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose.
LANDLORD. A person or organization that owns real property and rents or leases it to another, called a "tenant."
LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
MAINTENANCE Acts of repair and other acts to prevent a decline in the condition of grounds, structures and equipment; such that the condition does not fall below the standards established by this Chapter and other applicable Statutes, codes and ordinances.
NEGLECT. The lack of proper maintenance for a building or structure.
[A] OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building.
OPENABLE AREA. That part of a window, skylight 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 structure or premises which is let or offered for occupancy.
[A] OWNER. Any person, agent, operator, firm or corporation having legal or equitable interest in the property; or recorded in the official records of the State, County or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON. An individual, corporation, partnership or any other group acting as a unit.
PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods.
PLUMBING. All the following supplied facilities and equipment in a dwelling: gas pipes, gas-burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closet, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, stacks, vents and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines.
[A] PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon.
[A] PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
PUBLIC NUISANCE. Includes, but is not limited to, the following:
1.
The physical condition or use of any premises regarded as a public nuisance at common law; or
2.
Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, pools, trampolines, abandoned wells, shafts, basements, excavations and unsafe fences or structures; or
3.
Any premises which has unsanitary sewerage or plumbing facilities visible from the exterior; or
4.
Any premises designated as unsafe for human habitation or use; or
5.
Any premises which is manifestly capable of being a fire hazard or are manifestly unsafe or insecure as to endanger life, limb or property.
REFUSE. All putrescible and non-putrescible waste solids including garbage and rubbish.
RENT, RENTED, RENTS, RENTING. Includes to lease, to sublease, to license, to let and to grant for consideration the right to occupy premises not owned by occupant.
RENTAL OCCUPANCY PERMIT. The permit issued pursuant to this Chapter allowing a rental unit to be rented for human habitation.
RENTAL UNIT. A dwelling or dwelling unit let or intended to be let for rent or lease.
REPAIR. To put into a sound and acceptable state of operation, serviceability or appearance.
RESIDENTIAL BUILDING. A residential structure designed for occupancy by one (1) or more families.
RODENT HARBORAGE. Any place where rodents can live, nest or seek shelter.
ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.
ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
RUBBISH. Combustible and non-combustible waste materials, except garbage; 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, vehicle and boat parts and dust and other similar materials. This term shall also include indoor furnishings and fixtures such as indoor furniture, appliances, lighting fixtures, mattresses, refrigerators, washers, dryers, and water softeners, when left on exterior premises.
SAFETY. The condition of being reasonably free from danger and hazards that may cause accidents or disease.
[BG] SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.
STRUCTURE. That which is built or constructed, including, without limitation because of enumeration, buildings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes, chute escapes, railings, water tanks, towers, open grade steps, sidewalks or stairways, tents or anything erected and framed of component parts which is fastened, anchored or rests on a permanent foundation or on the ground. That which is built or constructed or a portion thereof.
SUBSTANDARD DWELLING. Any dwelling that does not conform to the minimum standards established by the City Code.
SUPPLIED. Paid for, furnished by, provided by or under the control of the owner, operator or agent of a dwelling.
TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.
ULTIMATE DEFORMATION. The deformation at which failure occurs and which shall be deemed to occur if the sustainable load reduces to eighty percent (80%) or less of the maximum strength.
[M] VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
YARD. An open space on the same lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in the City Code and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulation for the district in which the lot is located.
YARD, FRONT. A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.
YARD, REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.
YARD, SIDE. That part of the yard lying between the nearest line of the principal building and a side lot line and extending from the front yard to the rear yard.
ZONING ORDINANCE. The Zoning Ordinance of the City of Bridgeton, Missouri.
CHAPTER 3
GENERAL REQUIREMENTS
SECTION 301
GENERAL
301.1 Scope.
The provisions of this Chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
301.2 Responsibility.
The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the requirements of this Chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
301.3 Vacant structures and land.
Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
SECTION 302
EXTERIOR PROPERTY AREAS
302.1 Sanitation.
Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition.
Exterior furniture. All exterior furniture shall be constructed using suitable weather resistant material and labeled/marked by the original manufacture as suitable for outside usage. The usage of interior furniture outside the structure is prohibited; interior furniture cannot be stored outside the structure overnight.
Outdoor storage: Outdoor storage on any lot or tract that is residentially zoned or platted or that is used for residential purposes shall be restricted to material for personal use on the same lot or tract, including, but not limited to: composting of residential yard waste, mulch, building materials, or landscaping materials, that are used for on-premises improvement projects related to such uses. But storage of such other items may be allowed only for a limited time, not to exceed one hundred eighty (180) days, to complete such projects.
302.2 Grading and drainage.
Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Stagnant water is any water standing for three (3) days in the absence of any precipitation.
Exception: Approved retention areas and reservoirs.
302.3 Sidewalks and driveways.
Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. All pavement shall be maintained to prevent the accumulation of stagnant water thereon. Stagnant water is any water standing for three (3) days in the absence of any precipitation.
302.4 Weeds.
Premises and exterior property shall be maintained free from weeds or plant growth in excess of ten (10) inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.
Whenever weeds or grass, in violation of Chapter 255, Weeds, of the Bridgeton Municipal Code, are allowed to grow on any part of any lot or ground within the City, the owner of the ground or, in case of joint tenancy, tenancy by entities or tenancy in common, each owner thereof shall be liable. The Director of Public Works or his/her signee may, after giving the owner or, in case of joint tenancy, tenancy by entities or tenancy common, each owner thereof five (5) days' notice by posting such notice on the premises, declare the weeds or grass to be a nuisance and order the same to be abated within five (5) days; and in case the weeds or grass are not cut down and removed within the five (5) days, the Director of Public Works or his/her designee shall have the weeds or grass cut and removed and shall certify the costs to the City Clerk, who shall cause a special tax bill thereof against the property to be prepared and to be collected by the Finance Officer; and the tax bill from the date of its issuance shall be a first (1st) lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity, and no mere clerical error or informality in the same, or in the proceedings leading up to the issuance, shall be a defense thereof. Such tax bills shall bear interest at the legal rate of interest.
302.5 Rodent harborage.
Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation.
302.6 Exhaust vents.
Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
302.7 Accessory structures.
Accessory structures, including detached garages, shed(s), carports, playground equipment, tree house, fences, swimming pools, antennas, satellite dishes, tents, and retaining walls, shall be maintained structurally sound and in good repair.
Accessory structures, swimming pools and covered areas shall be kept in a clean and organized manner; maintained free of hazardous and unsightly conditions. Rubbish cannot be stored in the carport area.
302.8 Motor vehicles.
Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
302.9 Defacement of property.
No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti.
It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
302.10 Certificate of Exterior Appearance Compliance.
[Ord. No. 08-31, 6-4-2008]
A. Requirements.
1. On change of ownership, it shall be unlawful for any person, firm or corporation to hereafter occupy or for any owner or agent thereof to permit the occupation of any dwelling or residential building or addition thereto or any part thereof for any purpose until a certificate of exterior appearance compliance has been issued by the Department of Public Works. It shall be the responsibility of the current owner of the property to apply for and obtain a certificate of exterior appearance compliance prior to change of ownership. The Building Official shall issue a certificate only if the structure and the occupancy comply with the requirements of this Chapter 510, International Property Maintenance Code, 2015 Edition Section and Section 302.10.
2. Additionally, each dwelling shall be subject to exterior inspection at the following times:
a. Once every two (2) years on apartments or once every four (4) years on condominiums.
b. Where there is exterior deterioration of a residential building, garage, accessory structure or other structure.
c. Whenever the structure or ground has been declared a public nuisance.
d. Whenever a complaint is filed against a property.
3. The Building Official may revoke a certificate if the dwelling fails to pass any such inspection.
B. Fee for Certificate. Upon application for a certificate, the applicant shall pay a fee to the Building Official in the amount of forty dollars ($40.00) which shall compensate the City for the cost of the initial inspection and one (1) re-inspection. Each additional re-inspection shall be twenty-eight dollars ($28.00).
C. Standards for Issuance and Maintenance of a Certificate.
1. General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the health, safety or general welfare of the public and/or the occupants and so as to protect the occupants from the adverse effects of the environment.
2. Approved materials and equipment. All materials, equipment and devices approved for use by the Building Official shall be constructed and installed in accordance with such approval.
3. Street numbers. Each structure to which a street number has been assigned shall have the number so assigned displayed in a position easily observed and readable from the adjacent street. All existing numbers shall be at least three (3) inches (76 mm) high and one-half (1/2) inch (13 mm) wide. All new numbers shall be at least four (4) inches (101 mm) high and one-half (1/2) inch (13 mm) wide.
4. Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks so as not to be detrimental to public health, safety or general welfare.
5. Exterior walls. Every 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 exterior surface materials, including wood, composition or metal siding, shall be maintained weatherproof and shall be properly surface coated when required to prevent deterioration. Masonry walls shall be free of cracks, chipping or missing material. Mortar joints to be maintained and tuck pointed as needed to prevent deterioration.
6. Gutter. Every residential building, garage, structure and accessory structure in excess of one hundred fifty (150) square feet shall be guttered where appropriate and with ample down spouts properly positioned and in good repair. Roof water shall not be channeled directly onto adjacent property. If required guttering is missing from a structure, it shall be replaced on change of occupancy or ownership.
7. Roof. All roofs shall be sufficiently waterproof, weatherproof and fitted to exclude the entrance of rain, rodents, birds and other impediments to the maintenance of interior health and safety. All roofs shall be kept in good repair and free from curling, missing or deteriorating surface materials.
8. Chimneys and towers. All chimneys and similar appurtenances shall be maintained structurally safe, sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials such as paint or similar surface treatment.
9. Stairs and porches. Every stair, porch, fire escape, balcony and all appurtenances attached thereto shall be so constructed as to be safe to use and shall be maintained in sound condition and good repair. Every flight of stairs which is more than four (4) risers high shall have a graspable handrail on at least one (1) side of the stair and every open portion of stair, fire escape, porch, landing or balcony which is more than thirty (30) inches (762 mm) above the grade below shall have guardrails. Handrails shall be not less than thirty (30) inches (762 mm) nor more than forty two (42) inches (1,067 mm) high, measured vertically above the nosing of the treads. Guardrails shall not be less than thirty-six (36) inches (762 mm) high above the floor of the porch, landing or balcony. Every handrail and guardrail shall be firmly fastened and capable of bearing normally imposed loads and shall be maintained in good condition.
10. Windows, doors and other openings. All openings in exterior walls of residential buildings, garages, accessory structures or other structures shall be properly fitted with windows, doors or other such fixtures for which the opening was intended. Said windows, doors or other such fixtures shall be made of materials authorized by the ordinances of the City of Bridgeton, compatible with the residential building, garage, accessory structure or other structure in which they are installed and they shall be maintained weatherproof and shall be properly surface coated when required to prevent deterioration. Every window and exterior door shall be substantially tight and shall be kept in sound condition and repair. Every window sash and door shall fit reasonably tight within its frame and shall be properly hinged. Every window shall be fully supplied with panes of glass or a rigid translucent substitute, free of cracks or holes. Screens, if installed, shall be kept in good repair. Every exterior door and its hardware shall be maintained in good condition. Door locks on all doors entering residential buildings shall be in good repair and capable of tightly securing the door.
11. Pavement. Concrete, asphalt and gravel driveways, sidewalks, patio and porches shall be maintained in good repair.
12. Landscaping. All yard areas shall be covered by lawn, vegetation or landscaped in such a way as to prevent erosion of soil, dust or the blowing or scattering of dirt particles into the area or shall be treated to prevent same. All trees, bushes or vegetation which overhang a public thoroughfare in such a way as to hinder the movement, obstruct the view or otherwise create a hazard for vehicles and pedestrians shall be trimmed or removed. Hazardous dead trees and shrubs shall be promptly removed.
13. Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
14. Public areas. All sidewalks, steps, common halls, driveways, parking spaces and similar paved areas which are privately maintained shall be kept in a proper state of repair and shall be maintained free of hazardous conditions. If any sidewalk or driveway or portion thereof by virtue of its state of repair shall constitute a danger to public health, safety or general welfare, the sidewalk or driveway or portion thereof shall be replaced.
15. Accessory structures. All accessory structures, including detached garages, fences and retaining walls, shall be maintained structurally sound and in compliance with this Chapter.
16. Cleanliness. Every owner of a structure shall keep that structure or premises in a clean and sanitary condition. Every owner of a dwelling containing two (2) or more dwelling units shall maintain, in a clean and sanitary condition, the shared or public areas of the dwelling and premises thereof
17. Minimum living space regulations. Every residential building as defined in this Chapter shall contain a minimum gross floor area of not less than six hundred (600) square feet for the first four (4) occupants thereof and two hundred (200) square feet for each additional occupant of the dwelling. The requirement shall be based on the measurement of the exterior perimeter.
D. Conditional Certificate. Occupancy shall be permitted on a conditional basis when, in the judgment of the Building Official, practical difficulties interfere with completion of all repairs required to bring the premises into full compliance with this Section 510.010 and/or 510.030 prior to permitting occupancy. However, no conditional certificate shall be issued where there is a condition on the premises which can threaten the interest of health, safety or general welfare of the general public or an occupant. No conditional certificate shall be issued under the provisions of this Chapter for premises which have been newly constructed, newly altered or on which a change of use is proposed unless a certificate of occupancy has first been issued under the provisions of Section 410.060(D) and is currently valid.
Section 302.11 Rental Occupancy Permit
[Ord. No. 08-31, 6-4-2008]
A. Requirements. On change of occupancy (except as provided elsewhere in this Chapter), it shall be unlawful for any person to rent or cause to be rented, either as owner, lessee, agent or manager within the City, any rental unit used for human habitation without having first obtained a rental occupancy permit to do so as provided in this Chapter. This rental occupancy permit requirement shall not apply to hospitals, nursing homes or other rental units used for human habitation that offer or provide medical or nursing services or hotels, motels and dormitories if such units are subject to other City, State or Federal licensing or regulations concerning the safety of the users, patients or tenants.
When a rental occupancy permit expires or has been denied, suspended or revoked, no further rental or occupancy of the rental unit for which the rental occupancy permit was required shall be permitted until a rental occupancy permit has been issued. The rental units within a residential building that are in compliance with the requirements of this Chapter may continue to be occupied despite the presence of other rental units in other portions of the residential building that do not comply with this Chapter, so long as the non-complying rental units do not create a hazard to the health, safety or general welfare of the public or of the persons in the complying occupied rental units.
Rental occupancy permits shall remain valid until the rental unit is vacated, the occupancy of the rental unit changes or the rental occupancy permit otherwise expires, is suspended or revoked. No rental occupancy permit shall be required until June 1, 2009.
B. Application for Rental Occupancy Permit. Prior to a change in occupancy of any rental unit, the owner of said rental unit shall make written application to the Building Official for a rental occupancy permit on a form to be supplied by the City and containing such information as the City deems necessary to administer and enforce the provisions of, and to ensure compliance with, the provisions of this Chapter. The applicant shall provide the names and ages of all proposed occupants of the dwelling.
Within a reasonable time after the Building Official receives a complete application for a rental occupancy permit (together with all required accompanying materials and fees), the Building Official or his/her designee shall inspect the rental unit for which application has been made in order to determine whether the rental unit is in compliance with the provisions of Chapter 510 and International Property Maintenance Code, 2015 Edition. Notwithstanding anything to the contrary contained herein, if the rental unit has been inspected for a rental occupancy permit by the City within the preceding two (2) years and if said rental unit passed said inspection, no new inspection shall be required in order to obtain a rental occupancy permit, unless the Building Official otherwise finds it necessary to conduct an inspection.
Upon completion of the inspection of the rental unit and/or building or buildings (if required), if the inspector finds the requirements of Chapter 510 and International Property Maintenance Code, 2015 Edition have been met, a rental occupancy permit shall be issued. If the inspector finds that the requirements of Chapter 510 and International Property Maintenance Code, 2015 Edition have not been met, a written denial specifying the defects shall be transmitted to the applicant. If no inspection is required pursuant to the terms above, the Building Official shall issue a rental occupancy permit upon a determination that the City is in receipt of a complete application for a rental occupancy permit for the rental unit.
C. Fees for Rental Occupancy Permit. If no inspection is required, no fee shall be charged for a rental occupancy permit. The fees referenced in this Section shall be paid by the applicant at the time of application for the rental occupancy permit if an inspection is required pursuant to this Section and shall also include one (1) re-inspection.
Permit And Inspection Fees
1.
Single-family dwelling
$40.00
2.
Two-family dwellings; or
$25.00 per unit
3.
Multi-family dwellings
$25.00 per unit
If a rental occupancy permit is denied or suspended, the permit and inspection fee is non-refundable. A twenty-eight dollar ($28.00) re-inspection fee will be required for each inspection required other than the initial inspection and the first (1st) re-inspection made upon application.
D. Standards. In order to obtain a rental occupancy permit, the Building Official must determine that the rental unit for which the rental occupancy permit is sought complies with the following standards:
1. Zoning. The rental unit and building and premises in and on which it is located are in compliance with the Zoning Ordinance.
2. Certificate. The rental unit and the common areas of the building and premises in and on which it is located are in compliance with Chapter 510, International Property Maintenance Code, 2015 Edition a certificate has been issued with respect to the rental unit.
3. Building Code. The rental unit and the common areas of the building and premises in and on which it is located are in compliance with the Building Code and the Chapter 510, International Property Maintenance Code, 2015 Edition.
4. Cleanliness. The rental unit and the common areas of the building and premises in and on which it is located are clean, sanitary, fit for human occupancy and comply with all applicable legal requirements of the State and the City.
5. Illumination. Each multiple-family dwelling or rental unit shall have effective illumination near the exterior entrances of the rental unit.
6. Kitchen. The rental unit must have a space in which food may be prepared and cooked that shall have an adequate circulation area and shall be equipped with all of the following:
a. A kitchen sink in good working condition, connected to an approved water supply including hot and cold water and also connected to an approved sewer system.
b. Cabinets or shelves for the storage of eating, drinking and cooking equipment and utensils.
c. Adequate space and hookups shall be provided for a stove or similar device for cooking food and a refrigerator or similar device.
7. Access. Access to or egress from each rental unit shall be provided without passing through any other dwelling unit. Every dwelling unit in a one- or two-story building shall have at least one (1) means of egress leading to a safe and open space at ground level. Every dwelling unit in a three-story or taller building shall have immediate access to two (2) or more means of egress leading to a safe and open space at ground level.
8. Locks. All exterior doors of the rental unit shall be equipped with an approved functioning locking device.
9. Electricity. Every rental unit and all public and common areas shall be supplied with electric service, over-current protection devices, and electric outlets and properly installed electric fixtures which shall be maintained in safe working condition and shall be energized by an approved source of electric power and in compliance with the applicable ordinances of the City and State. The minimum capacity of said electric service and the minimum number of electric outlets and fixtures shall be as follows:
a. Buildings containing one (1) or more rental units shall have at least sixty (60) amp service or feeder per dwelling unit. Main service to multiple-family dwellings shall have sufficient capacity to carry the load as computed in accordance with the City Code.
b. Internal wiring and outlets in dwellings shall conform to the following:
(1) Every dwelling should have adequate duplex outlets.
(2) At least one (1) duplex receptacle on a separate twenty (20) amp appliance circuit in the kitchen. If there is a kitchen counter, such receptacle shall be accessible to the counter.
(3) At least one (1) duplex receptacle on a separate twenty (20) amp circuit for laundry. Multiple-family dwellings may have a common laundry area with duplex receptacles on separate twenty (20) amp circuits that are not overloaded.
(4) Every habitable room with one hundred twenty (120) square feet of habitable floor space or less shall be provided with two (2) separate wall-type electric convenience outlets and an additional outlet for each eighty (80) square feet or fraction thereof of habitable floor space. Required outlets shall, insofar as possible, be spaced equal distances apart. One (1) ceiling type or wall type light fixture controlled by a remote switch may be supplied in lieu of one (1) required electric convenience outlet in each habitable room. Every public hall, water closet compartment, bathroom, laundry room and furnace room shall contain at least one (1) supplied electric light fixture controlled by at least one (1) switch. The bathroom in all new construction whether a completely new rental unit or the renovation of an existing structure shall have at least one (1) ground fault interrupter receptacle. This receptacle may be in a wall light if readily accessible.
10. Surfaces. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Paints or materials that remain toxic after being applied and after drying or hardening shall not be used. Every toilet room and bathroom floor surface shall be capable of being easily maintained in a clean and sanitary manner.
11. Structural capacity. Every foundation, roof, floor, exterior wall, interior wall, ceiling, inside and outside stairways, every porch, balcony and every attachment thereto shall be safe to use and capable of supporting loads that may be anticipated to be placed on them in normal use.
12. Functioning equipment. Every supplied facility and every piece of equipment or utility and every chimney and flue shall be installed and shall be maintained so that it works effectively and safely.
302.12 Building Official. It shall be the duty and responsibility of the Director of Public Works or his/her selected technical officers, inspectors, plan examiners and other employees to enforce the provisions of this Chapter as herein provided.
302.13 Relief from Personal Liability. Any Building Official, officer or employee who acts in good faith and without malice in the discharge of duties of enforcement of this Chapter is relieved of all personal liability for any damage accruing to persons or property as a result of such acts or alleged failure to act. Further, the Building Official shall not be held liable for any costs in any action, suit or proceeding that is instituted by the Building Official in the enforcement of this Chapter. In any of these actions, the Building Official, inspector, officer or employee shall be defended or represented by the City's attorney at law until the final termination of the proceedings.
302.14 Official Records. An official record shall be kept of all business and activities of the Building Official specified in the provisions of this Chapter and (subject to the other provisions of the City Code and State Statutes) all such records shall be open to public inspection at all appropriate times and under reasonable regulations established by the Building Official to maintain the integrity and security of such records.
302.15 Inspections. In order to safeguard the public health, safety and welfare, the Building Official and each inspector are authorized to enter upon premises at any reasonable time for the purpose of making inspections and performing duties under this Chapter. Every occupant of the premises shall give the inspector and the owner or operator thereof or agent or employee access to the premises at reasonable times for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this Chapter. If any owner, occupant or other person in charge of a rental unit fails or refuses to permit free access and entry to the structure or premises under his/her control for any inspection pursuant to this Chapter, the Building Official may seek a search warrant or other appropriate court order authorizing such inspections. The inspector shall disclose proper credentials of their respective office for the purpose of inspecting any and all buildings and premises in the performance of duties under this Chapter. Whenever inspections are necessary by any other agency, the Building Official shall make reasonable effort to arrange for the coordination of such inspections so as to minimize the number of visits by inspectors and to confer with the other agencies for the purpose of eliminating conflicting orders before any are issued. An agency shall not, however, delay the issuance of any emergency orders.
302.16 Other Regulations. The provisions in this Chapter shall not be construed to prevent the enforcement of other ordinances or regulations which prescribe standards other than are provided herein. Any repairs or alterations to a structure or changes of use therein, which are caused directly or indirectly by the enforcement of this Chapter, shall be done in accordance with the procedures and provisions of the Building Code. The provisions of this Chapter shall not be construed to abolish or impair existing remedies of the City or its officers or agencies relating to the removal or demolition of any buildings which are dangerous, unsafe or unsanitary.
302.17 Alterations or Repairs. Alterations or repairs to any structure shall conform to all provisions of the Building Code which are required of a new structure; however those portions of the existing structure which are not altered are not required to comply with all the requirements of the Building Code for the new construction, provided: (1) such work conforms to that required by this Chapter; (2) such alterations or repairs do not cause an existing structure to become unsafe or adversely affect the performance of the building; and (3) the alterations or repairs are not structural and do not adversely affect any structural member or any part of the structure having a required fire-resistance rating.
302.18 Workmanship. Any repairs or alterations which are caused directly or indirectly by the enforcement of this Chapter shall be executed in a thorough and workmanlike manner. All materials utilized in the repair of structures shall match the appearance of the existing structure's material and color. When there are practical difficulties involved in carrying out provisions of this Chapter, the Building Official shall be permitted to vary or modify such provision upon application of the owner or the owner's representative, provided that the spirit and intent of the law shall be observed and public health, safety and general welfare are assured. The provisions of this Chapter are not intended to prevent the use of any material or method of construction not specifically prescribed by this Chapter, provided any such alternative has been approved. An alternative material or method of construction shall be approved when the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this Chapter and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Chapter in quality, strength, effectiveness, fire-resistance, durability and safety. The Building Official shall require that sufficient technical data be submitted to substantiate the proposed use of any material or assembly and if it is determined that the evidence submitted is satisfactory proof of performance for the use intended, the Building Official shall approve its use subject to the requirements of this Chapter. The costs of all tests, reports and investigations required under these provisions shall be paid by the applicant.
302.19 Availability. Certificates and rental occupancy permits issued under this Chapter shall be produced by the City on the request of the owner, a tenant or prospective tenant. The owner of the rental property shall be solely responsible for obtaining required certificates and rental occupancy permits.
302.20 Review of Ordinance. As part of the monthly and annual reports, the Director of Public Works shall report to the City Council on the results of this program.
302.21 Non-Conforming Conditions. If additional non-conforming conditions are encountered during the course of any approved alteration or repair which were not considered or known initially, the Building Official shall have the authority to require compliance of such conditions with this Chapter. The determination of what is necessary to bring such conditions into compliance shall take into consideration the use of alternatives and equivalent approaches as provided for in this Chapter. The Building Official shall have the authority to approve construction changes in the field when conditions are encountered which make the originally approved work impractical, provided such changes in approved work can be readily determined to be in compliance with this Chapter and are requested by the owner or the owner's agent, in writing, prior to such construction changes. Such changes shall be specifically documented by the owner or the owner's agent in describing the change in work and the reasons and justification for the change and shall be filed with the permit for the project.
302.22 Rule Making Authority. The Director of Public Works shall have power as may be necessary in the interest of public safety, health and general welfare to adopt and promulgate rules and regulations to interpret and implement the provisions of this Chapter, to secure the intent thereof and to designate requirements applicable because of other conditions; but such rules shall not have the effect of waiving requirements specifically provided in this Chapter or violating approved practice involving public safety.
302.23 Process of Complaint. Any person having any complaint regarding the condition of any dwelling failing to meet the requirements of this Chapter may make a complaint to the Office of Public Works in writing on forms provided by that office. Upon receipt of complaint, the City shall re-inspect the dwelling unit, unless the dwelling has passed a City inspection within the last six (6) months. A twenty-eight dollar ($28.00) re-inspection fee is required at the time of complaint by the person(s) filing the complaint. If the situation is resolved without an inspector having to review the property, the twenty-eight dollar ($28.00) re-inspection fee will be refunded. If one (1) or more violations are found as a result of the inspection, the fee shall be refundable to the person who filed the complaint and shall be paid by the owner of the dwelling.
SECTION 303
SWIMMING POOLS, SPAS AND HOT TUBS
303.1 Swimming pools.
Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
303.2 Enclosures.
Private swimming pools, hot tubs and spas, containing water more than twenty-four (24) inches (610 mm) in depth shall be completely surrounded by a fence or barrier not less than forty-eight (48) inches (1,219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is not less than fifty four (54) inches (1,372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six (6) inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this Section.
SECTION 304
EXTERIOR STRUCTURES
304.1 General.
The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
304.1.1. Unsafe conditions.
The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code, International Property Maintenance Code, 2015 Edition or the International Existing Building Code as required for existing buildings:
1.
The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
2.
The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;
3.
Structures or components thereof that have reached their limit state;
4.
Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or water tight;
5.
Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects;
6.
Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
7.
Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
8.
Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects;
9.
Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects;
10.
Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
11.
Overhang extensions or projections, including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
12.
Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or
13.
Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.
Exceptions:
1.
Where substantiated otherwise by an approved method.
2.
Demolition of unsafe conditions shall be permitted where approved by the Code Official.
304.2 Protective treatment.
Exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
[F] 304.3 Premises identification.
Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be not less than three (3) inches (76.2 mm) in height with a minimum stroke width of one-half (0.5) inch (12.7 mm).
304.4 Structural members.
Structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
304.5 Foundation walls.
Foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
304.6 Exterior walls.
Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. Exterior walls shall be free from mold and mildew. Painted exterior walls shall be free from faded colors that are not uniform, and touch up paint shall match the existing colors.
304.7 Roofs and drainage.
The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
304.8 Decorative features.
Cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
304.9 Overhang extensions.
Overhang extensions, including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. Where required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
304.10 Stairways, decks, porches and balconies.
Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
304.11 Chimneys and towers.
Chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. Exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
304.12 Handrails and guards.
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
304.13 Window, skylight and door frames.
Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.
304.13.1 Glazing.
Glazing materials shall be maintained free from cracks and holes.
304.13.2 Openable windows.
Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
304.14 Insect screens.
During the period from April 1st to October 1st, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum sixteen (16) mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
304.15 Doors.
Exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3.
304.16 Basement hatchways.
Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
304.17 Guards for basement windows.
Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.
304.18 Building security.
Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.
304.18.1 Doors.
Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of one (1) inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order. For the purpose of this Section, a sliding bolt shall not be considered an acceptable deadbolt lock.
304.18.2 Windows.
Operable windows located in whole or in part within six (6) feet (1,828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device.
304.18.3 Basement hatchways.
Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.
304.19 Gates.
Exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates.
304.20 Location and Permitting For Storage Trailers, PODS®, Dumpsters And Similar Devices.
[Ord. No. 19-18, 9-18-2019]
A. No person shall park, place or suffer the placement of any storage trailer, portable on-demand storage ("PODS®") unit, trash or construction debris "roll-off" container or dumpster (including soft-sided dumpster or "bagster"), or similar device (collectively, "Storage and Disposal Devices"), in or upon any street, highway, roadway, designated fire lane, alleyway or sidewalk in the City of Bridgeton. Storage and Disposal Devices shall not, under any circumstances, be placed or unloaded on any street within the City of Bridgeton.
B. No person shall park, place or suffer the placement of any Storage and Disposal Device upon any lot or property in the City of Bridgeton other than on a durably paved surface constructed with concrete or asphalt. Such Storage and Disposal Devices shall also be so situated on the property so as to minimize the potential for interference with sight lines for motorists on adjoining streets and nearby driveways and, if possible, to the rear of the front building line of the principal building on the lot.
C. Except as provided in Subsection (D) of this Section, no person shall install, deposit, park or leave any Storage and Disposal Device on any residentially zoned property within the City without first obtaining a permit from the City Engineer or his/her designee. A permit fee of fifty dollars ($50.00) shall be collected by the City Engineer or his/her designee to cover the cost of issuing the same and conducting inspections for compliance with this Section. The permit shall specify the time period, not exceeding fifteen (15) days, during which time the Storage and Disposal Device may be kept on the property.
The permit holder may submit a written request for a permit extension, stating the justification for the additional time. A permit extension may be granted by the City Engineer or his/her designee for up to an additional fifteen (15) days, provided the permit applicant has demonstrated to the City Engineer's satisfaction that extenuating circumstances exist which justify the extension.
The permit shall also state the address of the property and location on the lot where the Storage and Disposal Device is to be situated. No more than two (2) permits may be issued for any lot or parcel of property in any twelve-month period.
1. The City Engineer or his/her designee shall have the authority to waive the permit fee set forth herein upon the sale or rental of the property in order to accommodate a new occupant moving into the dwelling.
2. The City Engineer or his/her designee shall have the discretion to: (i) waive the permit fee; (ii) increase the duration of the permit beyond the original fifteen (15) days; and/or (iii) waive the permit requirement entirely, in the event of a natural or other disaster that affects a significant portion of the properties or residents of the City, if he or she determines that there may be a scarcity of available building materials or contractors readily able to provide prompt restoration services.
D. A dumpster may be temporarily placed on residentially zoned property for the purpose of collecting construction debris if the residential property is subject to a valid building permit for renovation or construction of a structure on such property. The placement of the dumpster shall comply with the requirements set forth in Subsection (B) above, but a permit shall not be required under Subsection (C) for so long as the corresponding building permit remains valid. Any dumpster placed under this Subsection (D) must be placed on the same parcel that is subject to the valid building permit and shall be removed on or before the date that is three (3) days after the building permit expires.
SECTION 305
INTERIOR STRUCTURE
305.1 General.
The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure that they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two (2) or more dwelling units or two (2) or more non-residential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
305.1.1 Unsafe conditions.
The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:
1.
The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
2.
The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;
3.
Structures or components thereof that have reached their limit state;
4.
Structural members are incapable of supporting nominal loads and load effects;
5.
Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
6.
Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.
Exceptions:
1.
Where substantiated otherwise by an approved method.
2.
Demolition of unsafe conditions shall be permitted when approved by the Code Official.
305.2 Structural members.
Structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.
305.3 Interior surfaces.
Interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
305.4 Stairs and walking surfaces.
Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
305.5 Handrails and guards.
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
305.6 Interior doors.
Every 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.
SECTION 306
COMPONENT SERVICEABILITY
306.1 General.
The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition.
306.1.1 Unsafe conditions.
Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:
1.
Soils that have been subjected to any of the following conditions:
1.1.
Collapse of footing or foundation system;
1.2.
Damage to footing, foundation, concrete or other structural element due to soil expansion;
1.3.
Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil;
1.4.
Inadequate soil as determined by a geotechnical investigation;
1.5.
Where the allowable bearing capacity of the soil is in doubt; or
1.6.
Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table.
2.
Concrete that has been subjected to any of the following conditions:
2.1.
Deterioration;
2.2.
Ultimate deformation;
2.3.
Fractures;
2.4.
Fissures;
2.5.
Spalling;
2.6.
Exposed reinforcement; or
2.7.
Detached, dislodged or failing connections.
3.
Aluminum that has been subjected to any of the following conditions:
3.1.
Deterioration;
3.2.
Corrosion;
3.3.
Elastic deformation;
3.4.
Ultimate deformation;
3.5.
Stress or strain cracks;
3.6.
Joint fatigue; or
3.7.
Detached, dislodged or failing connections.
4.
Masonry that has been subjected to any of the following conditions:
4.1.
Deterioration;
4.2.
Ultimate deformation;
4.3.
Fractures in masonry or mortar joints;
4.4.
Fissures in masonry or mortar joints;
4.5.
Spalling;
4.6.
Exposed reinforcement; or
4.7.
Detached, dislodged or failing connections.
5.
Steel that has been subjected to any of the following conditions:
5.1.
Deterioration;
5.2.
Elastic deformation;
5.3.
Ultimate deformation;
5.4.
Metal fatigue; or
5.5.
Detached, dislodged or failing connections.
6.
Wood that has been subjected to any of the following conditions:
6.1.
Ultimate deformation;
6.2.
Deterioration;
6.3.
Damage from insects, rodents and other vermin;
6.4.
Fire damage beyond charring;
6.5.
Significant splits and checks;
6.6.
Horizontal shear cracks;
6.7.
Vertical shear cracks;
6.8.
Inadequate support;
6.9.
Detached, dislodged or failing connections; or
6.10.
Excessive cutting and notching.
Exceptions:
1.
Where substantiated otherwise by an approved method.
2.
Demolition of unsafe conditions shall be permitted where approved by the Code Official.
SECTION 307
HANDRAILS AND GUARDRAILS
307.1 General.
Every exterior and interior flight of stairs having more than four (4) risers shall have a handrail on one (1) side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface that is more than thirty (30) inches (762 mm) above the floor or grade below shall have guards. Handrails shall be not less than thirty (30) inches (762 mm) in height or more than forty two (42) inches (1,067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall be not less than thirty six (36) inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.
Exception: Guards shall not be required where exempted by the adopted Building Code.
SECTION 308
RUBBISH AND GARBAGE
308.1 Accumulation of rubbish or garbage.
Exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish, garbage or sewage. No rubbish or garbage or sewage may be collected, stored or sorted on or within any vehicle or container other than a container designed or constructed for such use.
308.2 Disposal of rubbish.
Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.
308.2.1 Rubbish storage facilities.
The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.
308.2.2 Refrigerators.
Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors.
308.3 Disposal of garbage.
Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.
308.3.1 Garbage facilities.
The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leak proof, covered, outside garbage container.
308.3.2 Containers.
The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leak proof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.
SECTION 309
PEST ELIMINATION
309.1 Infestation.
Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent re-infestation.
309.2 Owner.
The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure.
309.3 Single occupant.
The occupant of a one-family dwelling or of a single-tenant non-residential structure shall be responsible for pest elimination on the premises.
309.4 Multiple occupancy.
The owner of a structure containing two (2) or more dwelling units, a multiple occupancy, a rooming house or a non-residential structure shall be responsible for pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination.
309.5 Occupant.
The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure.
Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination.
SECTION 310
MOBILE OR MANUFACTURED HOMES
A. Installation And Tie-Down — As Required By Applicable State Regulations. An owner or occupant of a mobile or manufactured home shall ensure that it is installed and tied down as required by the applicable regulations promulgated by the Public Service Commission of the State of Missouri.
B. Maintenance — As Required By The International Property Maintenance Code — Exceptions And Conditions. An owner or occupant of a mobile or manufactured home shall be subject to the Property Maintenance Code.
1. Such owner or occupant shall not be subject to codes referenced in the International Property Maintenance Code if those referenced codes are pre-empted by applicable regulations of the United States Department of Housing and Urban Development or the Public Service Commission of the State of Missouri.
2. An owner or occupant of a mobile or manufactured home shall maintain it in conformity with applicable regulations of the United States Department of Housing and Urban Development or the Public Service Commission of the State of Missouri in force at the time of the home's manufacture.
3. Every manufactured and mobile home, now existing or subsequently located within the City of Bridgeton, shall have skirting around the entire structure. Skirting shall be made of aluminum, vinyl material, or similar material approved by Building Official.
C. Alteration — Permit Required — Conformity To Applicable Federal And State Regulations And County Codes Required. No owner or occupant of a mobile or manufactured home shall alter it unless:
1. Such owner or occupant obtains a building permit from the Department of Public Works, which shall be subject to the conditions and requirements set out in Chapter 1, Sections R101 through R112 of the International Residential Code for One- and Two-Family Dwellings.
2. Such owner or occupant submits plans for the proposed alteration demonstrating conformity with the applicable regulations, including building, mechanical and plumbing regulations, of the United States Department of Housing and Urban Development or the Public Service Commission of the State of Missouri in force at the time of the home's Manufacture.
3. Such owner or occupant pays an application fee for such permit as authorized by ordinance.
D. Damage Or Alterations That Impair Structural Integrity. A mobile or manufactured home may be subject to administrative proceedings to condemn, close or demolish it pursuant to the International Property Maintenance Code.
1. The Director of Public Works shall institute such proceedings if he/she makes the following determinations.
a. The structure of a mobile or manufactured home has been altered or has been damaged by neglect or deterioration or by fire, wind or flooding; and
b. That alteration or damage affects the integrity of the structure.
2. However, in all such cases, an owner or occupant of any such mobile or manufactured home may submit to the Director of Public Works for its review and approval a building permit application with plans showing alterations made or alterations to be made in order to repair structural damage.
a. In the event the Director of Public Works cannot make a determination that such alterations or repairs will result in a structure that is structurally sound and in conformity with applicable regulations of the United States Department of Housing and Urban Development or the Public Service Commission of the State of Missouri in force at the time of the home's manufacture, such plans shall be disapproved.
b. However, an owner or occupant of any such mobile or manufactured home may rebut that denial by submitting a report by an engineer licensed in the State of Missouri and bearing that engineer's original seal and signature certifying that the mobile or manufactured home, as altered or despite damage to it, is either:
(1) Structurally sound and in conformity with applicable regulations of the United States Department of Housing and Urban Development or the Public Service Commission of the State of Missouri in force at the time of the home's manufacture; or
(2) Capable of repairs rendering it structurally sound and in conformity with the regulations identified above, in which case the engineer's report must be supported by a permit application for such repairs meeting the requirements of Subsection (C) of this Section.
3. The Director of Public Works may stay proceedings under Subparagraph (1) above pending review of building permit applications under Subparagraph (2) above if public safety is not affected adversely.
4. The Director of Public Works shall terminate proceedings under Subparagraph (1) above upon approval of any building permit application under Subparagraph (2) above.
E. Adopted Federal And State Standards. City of Bridgeton adopts by reference the following Federal and State regulations applicable to mobile or manufactured homes promulgated by the United States Department of Housing and Urban Development or by the Public Service Commission of the State of Missouri:
1. 24 Code of Federal Regulations ("CFR") Part 3280 (Manufactured Home Construction and Safety Standards) as currently in force or as amended hereafter;
2. Earlier versions of 24 CFR Part 3280 if and as applicable at the time of the manufacture of a mobile or manufactured home subject to this Section;
3. 4 Code of State Regulations ("CSR") Chapter 120 (New Manufactured Homes) as currently in force or as amended hereafter;
4. 4 CSR Chapter 121 (Pre-Owned Manufactured Homes) as currently in force or as amended hereafter;
5. 4 CSR Chapter 124 (Manufactured Home Tie-Down Systems) as currently in force or as amended hereafter; and
6 4 CSR Chapter 125 (Manufactured Home Installers) as currently in force or as amended hereafter.
CHAPTER 4
LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
SECTION 401
GENERAL
401.1 Scope.
The provisions of this Chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.
401.2 Responsibility.
The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this Chapter.
401.3 Alternative devices.
In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted.
SECTION 402
LIGHT
402.1 Habitable spaces.
Every habitable space shall have not less than one (1) window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be eight percent (8%) of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three (3) feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.
Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be not less than eight percent (8%) of the floor area of the interior room or space, but a minimum of five (5) square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served.
402.2 Common halls and stairways.
Every common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall be lighted at all times with not less than a 60-watt standard incandescent light bulb for each two hundred (200) square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than thirty (30) feet (9,144 mm). In other than residential occupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with not less than one (1) foot candle (11 lux) at floors, landings and treads.
402.3 Other spaces.
All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.
SECTION 403
VENTILATION
403.1 Habitable spaces.
Every habitable space shall have not less than one (1) openable window. The total openable area of the window in every room shall be equal to not less than forty five percent (45%) of the minimum glazed area required in Section 402.1.
Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be not less than eight percent (8%) of the floor area of the interior room or space, but not less than twenty-five (25) square feet (2.33 m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated.
403.2 Bathrooms and toilet rooms.
Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.
403.3 Cooking facilities.
Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit.
Exceptions:
1.
Where specifically approved in writing by the Code Official.
2.
Devices such as coffee pots and microwave ovens shall not be considered cooking appliances.
403.4 Process ventilation.
Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space.
403.5 Clothes dryer exhaust.
Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer's instructions.
Exception: Listed and labeled condensing (ductless) clothes dryers.
SECTION 404
OCCUPANCY LIMITATIONS
404.1 Privacy.
Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
404.2 Minimum room widths.
A habitable room, other than a kitchen, shall be not less than seven (7) feet (2,134 mm) in any plan dimension. Kitchens shall have a minimum clear passageway of three (3) feet (914 mm) between counter fronts and appliances or counter fronts and walls.
404.3 Minimum ceiling heights.
Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of seven (7) feet (2,134 mm).
Exceptions:
1.
In one- and two-family dwellings, beams or girders spaced not less than four (4) feet (1,219 mm) on center and projecting a maximum of six (6) inches (152 mm) below the required ceiling height.
2.
Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of six (6) feet eight (8) inches (2,033 mm) with a minimum clear height of six (6) feet four (4) inches (1,932 mm) under beams, girders, ducts and similar obstructions.
3.
Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear ceiling height of seven (7) feet (2,134 mm) over not less than one-third (1/3) of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of five (5) feet (1,524 mm) shall be included.
404.4 Bedroom and living room requirements.
Every bedroom and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5.
404.4.1 Room area.
Every living room shall contain not less than one hundred twenty (120) square feet (11.2 m2) and every bedroom shall contain not less than seventy (70) square feet (6.5 m2) and every bedroom occupied by more than one (1) person shall contain not less than fifty (50) square feet (4.6 m2) of floor area for each occupant thereof.
404.4.2 Access from bedrooms.
Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.
Exception: Units that contain fewer than two (2) bedrooms.
404.4.3 Water closet accessibility.
Every bedroom shall have access to not less than one (1) water closet and one (1) lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to not less than one (1) water closet and lavatory located in the same story as the bedroom or an adjacent story.
404.4.4 Prohibited occupancy.
Kitchens and non-habitable spaces shall not be used for sleeping purposes.
404.4.5 Other requirements.
Bedrooms shall comply with the applicable provisions of this code, including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this Chapter; the plumbing facilities and water-heating facilities requirements of Chapter 5; the heating facilities and electrical receptacle requirements of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7.
404.5 Overcrowding.
Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5.
Table 404.5
Minimum Area Requirements
Space
Minimum Area In Square Feet
1-2 occupants
3-5 occupants
6 or more occupants
Living rooma, b
120
120
150
Dining rooma, b
No requirement
80
100
Bedrooms
Shall comply with Section 404
For SI: 1 square foot = 0.0929 m2.
a.
See Section 404.5.2 for combined living room/dining room spaces.
b.
See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes.
404.5.1 Sleeping area.
The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. Sleeping areas shall comply with Section 404.4.
404.5.2 Combined spaces.
Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
404.6 Efficiency unit.
Nothing in this Section shall prohibit an efficiency living unit from meeting the following requirements:
1.
A unit occupied by not more than one (1) occupant shall have a minimum clear floor area of one hundred twenty (120) square feet (11.2 m2). A unit occupied by not more than two (2) occupants shall have a minimum clear floor area of two hundred twenty (220) square feet (20.4 msp>2). A unit occupied by three (3) occupants shall have a minimum clear floor area of three hundred twenty (320) square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3.
2.
The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of thirty (30) inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.
3.
The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
4.
The maximum number of occupants shall be three (3).
404.7 Food preparation.
All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
CHAPTER 5
PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
SECTION 501
GENERAL
501.1 Scope.
The provisions of this Chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.
501.2 Responsibility.
The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises that does not comply with the requirements of this Chapter.
SECTION 502
REQUIRED FACILITIES
[P] 502.1 Dwelling units.
Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink that shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.
[P] 502.2 Rooming houses.
Not less than one (1) water closet, lavatory and bathtub or shower shall be supplied for each four (4) rooming units.
[P] 502.3 Hotels.
Where private water closets, lavatories and baths are not provided, one (1) water closet, one (1) lavatory and one (1) bathtub or shower having access from a public hallway shall be provided for each ten (10) occupants.
[P] 502.4 Employees' facilities.
Not less than one (1) water closet, one (1) lavatory and one (1) drinking facility shall be available to employees.
[P] 502.4.1 Drinking facilities.
Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.
[P] 502.5 Public toilet facilities.
Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the International Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.
SECTION 503
TOILET ROOMS
[P] 503.1 Privacy.
Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.
[P] 503.2 Location.
Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one (1) flight of stairs and shall have access from a common hall or passageway.
[P] 503.3 Location of employee toilet facilities.
Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one (1) story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of five hundred (500) feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities.
Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of five hundred (500) feet (152 m) from the employees' regular working area to the facilities.
[P] 503.4 Floor surface.
In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, non-absorbent surface to permit such floor to be easily kept in a clean and sanitary condition.
SECTION 504
PLUMBING SYSTEMS AND FIXTURES
[P] 504.1 General.
Plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. Plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
[P] 504.2 Fixture clearances.
Plumbing fixtures shall have adequate clearances for usage and cleaning.
[P] 504.3 Plumbing system hazards.
Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, back-siphon age, improper installation, deterioration or damage or for similar reasons, the Code Official shall require the defects to be corrected to eliminate the hazard.
SECTION 505
WATER SYSTEM
505.1 General.
Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code.
[P] 505.2 Contamination.
The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.
505.3 Supply.
The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
505.4 Water heating facilities.
Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum temperature of one hundred ten degrees Fahrenheit (110° F.) (43° C.). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.
SECTION 506
SANITARY DRAINAGE SYSTEM
[P] 506.1 General.
Plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
[P] 506.2 Maintenance.
Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.
[P] 506.3 Grease interceptors.
Grease interceptors and automatic grease removal devices shall be maintained in accordance with this code and the manufacturer's installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sewage treatment plant or processes. Records of maintenance, cleaning and repairs shall be available for inspection by the Code Official.
SECTION 507
STORM DRAINAGE
[P] 507.1 General.
Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance.
CHAPTER 6
MECHANICAL AND ELECTRICAL REQUIREMENTS
SECTION 601
GENERAL
601.1 Scope.
The provisions of this Chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided.
601.2 Responsibility.
The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that does not comply with the requirements of this Chapter.
SECTION 602
HEATING FACILITIES
602.1 Facilities required.
Heating facilities shall be provided in structures as required by this Section.
602.2 Residential occupancies.
Dwellings shall be provided with heating facilities capable of maintaining a room temperature of sixty-eight degrees Fahrenheit (68° F.) (20° C.) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.
Exception: In areas where the average monthly temperature is above thirty degrees Fahrenheit (30° F.) (-1° C.), a minimum temperature of sixty-five degrees Fahrenheit (65° F.) (18° C.) shall be maintained.
602.3 Heat supply.
Every owner and operator of any building who rents, leases or lets one (1) or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1st to May 1st to maintain a minimum temperature of sixty-eight degrees Fahrenheit (68° F.) (20° C.) in all habitable rooms, bathrooms and toilet rooms.
Exceptions:
1.
When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.
2.
In areas where the average monthly temperature is above thirty degrees Fahrenheit (30° F.) (-1° C.), a minimum temperature of sixty-five degrees Fahrenheit (65° F.) (18° C.) shall be maintained.
602.4 Occupiable work spaces.
Indoor occupiable work spaces shall be supplied with heat during the period from October 1st to May 1st, to maintain a minimum temperature of sixty-five degrees Fahrenheit (65° F.) (18° C.) during the period the spaces are occupied.
Exceptions:
1.
Processing, storage and operation areas that require cooling or special temperature conditions.
2.
Areas in which persons are primarily engaged in vigorous physical activities.
602.5 Room temperature measurement.
The required room temperatures shall be measured three (3) feet (914 mm) above the floor near the center of the room and two (2) feet (610 mm) inward from the center of each exterior wall.
SECTION 603
MECHANICAL EQUIPMENT
603.1 Mechanical appliances.
Mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.
603.2 Removal of combustion products.
Fuel-burning equipment and appliances shall be connected to an approved chimney or vent.
Exception: Fuel-burning equipment and appliances that are labeled for unvented operation.
603.3 Clearances.
Required clearances to combustible materials shall be maintained.
603.4 Safety controls.
Safety controls for fuel-burning equipment shall be maintained in effective operation.
603.5 Combustion air.
A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.
603.6 Energy conservation devices.
Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved.
SECTION 604
ELECTRICAL FACILITIES
604.1 Facilities required.
Every occupied building shall be provided with an electrical system in compliance with the requirements of this Section and Section 605.
604.2 Service.
The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a minimum rating of sixty (60) amperes.
604.3 Electrical system hazards.
Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the Code Official shall require the defects to be corrected to eliminate the hazard.
604.3.1 Abatement of electrical hazards associated with water exposure.
The provisions of this Section shall govern the repair and replacement of electrical systems and equipment that have been exposed to water.
604.3.1.1 Electrical equipment.
Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the International Building Code.
Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement:
1.
Enclosed switches, rated a maximum of six hundred (600) volts or less;
2.
Busway rated a maximum of six hundred (600) volts;
3.
Panelboards rated a maximum of six hundred (600) volts;
4.
Switchboards, rated a maximum of six hundred (600) volts;
5.
Fire pump controllers, rated a maximum of six hundred (600) volts;
6.
Manual and magnetic motor controllers;
7.
Motor control centers;
8.
Alternating current high-voltage circuit breakers;
9.
Low-voltage power circuit breakers;
10.
Protective relays, meters and current transformers;
11.
Low- and medium-voltage switchgear;
12.
Liquid-filled transformers;
13.
Cast-resin transformers;
14.
Wire or cable that is suitable for wet locations and whose ends have not been exposed to water;
15.
Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water;
16.
Luminaires that are listed as submersible;
17.
Motors;
18.
Electronic control, signaling and communication equipment.
604.3.2 Abatement of electrical hazards associated with fire exposure.
The provisions of this Section shall govern the repair and replacement of electrical systems and equipment that have been exposed to fire.
604.3.2.1 Electrical equipment.
Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, which have been exposed to fire, shall be replaced in accordance with the provisions of the International Building Code.
Exception: Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement.
SECTION 605
ELECTRICAL EQUIPMENT
605.1 Installation.
Electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.
605.2 Receptacles.
Every habitable space in a dwelling shall contain not less than two (2) separate and remote receptacle outlets. Every laundry area shall contain not less than one (1) grounding-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one (1) receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location.
605.3 Luminaires.
Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain not less than one (1) electric luminaire. Pool and spa luminaires over 15 V shall have ground fault circuit interrupter protection.
605.4 Wiring.
Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings.
SECTION 606
ELEVATORS, ESCALATORS AND DUMBWAITERS
606.1 General.
Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the Code Official. The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction.
606.2 Elevators.
In buildings equipped with passenger elevators, not less than one (1) elevator shall be maintained in operation at all times when the building is occupied.
Exception: Buildings equipped with only one (1) elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.
SECTION 607
DUCT SYSTEMS
607.1 General.
Duct systems shall be maintained free of obstructions and shall be capable of performing the required function.
CHAPTER 7
FIRE SAFETY REQUIREMENTS
SECTION 701
GENERAL
701.1 Scope.
The provisions of this Chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.
701.2 Responsibility.
The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this Chapter.
SECTION 702
MEANS OF EGRESS
[F] 702.1 General.
A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code.
[F] 702.2 Aisles.
The required width of aisles in accordance with the International Fire Code shall be unobstructed.
[F] 702.3 Locked doors.
Means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code.
[F] 702.4 Emergency escape openings.
Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening.
SECTION 703
FIRE-RESISTANCE RATINGS
[F] 703.1 Fire-resistance-rated assemblies.
The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained.
[F] 703.2 Opening protectives.
Required opening protectives shall be maintained in an operative condition. Fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable.
SECTION 704
FIRE PROTECTION SYSTEMS
[F] 704.1 General.
Systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code.
[F] 704.1.1 Automatic sprinkler systems.
Inspection, testing and maintenance of automatic sprinkler systems shall be in accordance with NFPA 25.
[F] 704.1.2 Fire department connection.
Where the Fire Department connection is not visible to approaching fire apparatus, the Fire Department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters "FDC" not less than six (6) inches (152 mm) high and words in letters not less than two (2) inches (51 mm) high or an arrow to indicate the location. Such signs shall be subject to the approval of the Fire Code Official.
[F] 704.2 Single-and multiple-station smoke alarms.
Single-and multiple-station smoke alarms shall be installed in existing Group I-1 and R occupancies in accordance with Sections 704.2.1 through 704.2.3.
[F] 704.2.1 Where required.
Existing Group I-1 and R occupancies shall be provided with single-station smoke alarms in accordance with Sections 704.2.1.1 through 704.2.1.4. Interconnection and power sources shall be in accordance with Sections 704.2.2 and 704.2.3.
Exceptions:
1.
Where the code that was in effect at the time of construction required smoke alarms and smoke alarms complying with those requirements are already provided.
2.
Where smoke alarms have been installed in occupancies and dwellings that were not required to have them at the time of construction, additional smoke alarms shall not be required provided that the existing smoke alarms comply with requirements that were in effect at the time of installation.
3.
Where smoke detectors connected to a fire alarm system have been installed as a substitute for smoke alarms.
[F] 704.2.1.1 Group R-1.
Single- or multiple-station smoke alarms shall be installed in all of the following locations in Group R-1:
1.
In sleeping areas.
2.
In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit.
3.
In each story within the sleeping unit, including basements. For sleeping units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one (1) full story below the upper level.
[F] 704.2.1.2 Groups R-2, R-3, R-4 and I-1.
Single- or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and I-1 regardless of occupant load at all of the following locations:
1.
On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
2.
In each room used for sleeping purposes.
3.
In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one (1) full story below the upper level.
[F] 704.2.1.3 Installation near cooking appliances.
Smoke alarms shall not be installed in the following locations unless this would prevent placement of a smoke alarm in a location required by Section 704.2.1.1 or 704.2.1.2.
1.
Ionization smoke alarms shall not be installed less than twenty (20) feet (6,096 m) horizontally from a permanently installed cooking appliance.
2.
Ionization smoke alarms with an alarm-silencing switch shall not be installed less than ten (10) feet (3,048 mm) horizontally from a permanently installed cooking appliance.
3.
Photoelectric smoke alarms shall not be installed less than six (6) feet (1,829 mm) horizontally from a permanently installed cooking appliance.
[F] 704.2.1.4 Installation near bathrooms.
Smoke alarms shall be installed not less than three (3) feet (914 mm) horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by Section 704.2.1.1 or 704.2.1.2.
[F] 704.2.2 Interconnection.
Where more than one (1) smoke alarm is required to be installed within an individual dwelling or sleeping unit, the smoke alarms shall be interconnected in such a manner that the activation of one (1) alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one (1) alarm. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.
Exceptions:
1.
Interconnection is not required in buildings that are not undergoing alterations, repairs or construction of any kind.
2.
Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for interconnection without the removal of interior finishes.
[F] 704.2.3 Power source.
Single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for over-current protection.
Exceptions:
1.
Smoke alarms are permitted to be solely battery operated in existing buildings where no construction is taking place.
2.
Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source.
3.
Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for building wiring without the removal of interior finishes.
[F] 704.2.4 Smoke detection system.
Smoke detectors listed in accordance with UL 268 and provided as part of the building's fire alarm system shall be an acceptable alternative to single- and multiple-station smoke alarms and shall comply with the following:
1.
The fire alarm system shall comply with all applicable requirements in Section 907 of the International Fire Code.
2.
Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with Section 907.5.2 of the International Fire Code.
3.
Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is generated and monitored in accordance with Section 907.6.5 of the International Fire Code.
CHAPTER 8
REFERENCED STANDARDS
This Chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgating agency of the standard, the standard identification, the effective date and title and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section 102.7.
ASME
American Society of Mechanical Engineers
Three Park Avenue
New York, NY 10016-5990
Standard reference number
Title
Referenced in Code Section number
ASME
A17.1/CSA B44
2013 Safety Code for Elevators and Escalators
606.1
ASTM
ASTM International
100 Barr Harbor Drive
West Conshohocken, PA 19428-2959
Standard reference number
Title
Referenced in Code Section number
F 1346 — 91 (2010)
Performance Specifications for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs
303.2
ICC
International Code Council
500 New Jersey Avenue, NW 6th Floor
Washington, DC 20001
Standard reference number
Title
Referenced in Code Section number
IBC — 15
International Building Code®
102.3, 201.3, 401.3, 702.3
IEBC — 15
International Existing Building Code®
305.1.1, 306.1.1
IFC — 15
International Fire Code®
201.3,604.3.1.1, 604.3.2.1, 702.1, 702.2, 704.1, 704.2
IFGC — 15
International Fuel Gas Code®
102.3
IMC — 15
International Mechanical Code®
102.3,201.3
IPC — 15
International Plumbing Code®
201.3, 505.1, 602.2, 602.3
IRC — 15
International Residential Code®
201.3
IZC — 15
International Zoning Code®
102.3, 201.3
NFPA
National Fire Protection Association
1 Batterymarch Park
Quincy, MA 02269
Standard reference number
Title
Referenced in Code Section number
25 — 14
Standard for the Inspection, Testing and Maintenance of Water-Based Fire Protection Systems
704.1.1
70 — 14
National Electrical Code
102.4, 201.3, 604.2
APPENDIX A
BOARDING STANDARD
The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance.
A101
GENERAL
A101.1 General.
Windows and doors shall be boarded in an approved manner to prevent entry by unauthorized persons and shall be painted to correspond to the color of the existing structure.
A102
MATERIALS
A102.1 Boarding sheet material.
Boarding sheet material shall be minimum one-half-inch-thick (12.7 mm) wood structural panels complying with the International Building Code.
A102.2 Boarding framing material.
Boarding framing material shall be minimum nominal two-inch by four-inch (51 mm by 102 mm) solid sawn lumber complying with the International Building Code.
A102.3 Boarding fasteners.
Boarding fasteners shall be minimum three-fourths-inch-diameter (9.5 mm) carriage bolts of such a length as required to penetrate the assembly and as required to adequately attach the washers and nuts. Washers and nuts shall comply with the International Building Code.
A103
INSTALLATION
A103.1 Boarding installation.
The boarding installation shall be in accordance with Figures A103.1(1) and A103.1(2) and Sections A103.2 through A103.5.
5100-A103Installation.tif
A103.2 Boarding sheet material.
The boarding sheet material shall be cut to fit the door or window opening neatly or shall be cut to provide an equal overlap at the perimeter of the door or window.
A103.3 Windows.
The window shall be opened to allow the carriage bolt to pass through or the window sash shall be removed and stored. The two-inch by four-inch (51 mm by 102 mm) strong back framing material shall be cut minimum two (2) inches (51 mm) wider than the window opening and shall be placed on the inside of the window opening six (6) inches (152 mm) minimum above the bottom and below the top of the window opening. The framing and boarding shall be predrilled. The assembly shall be aligned and the bolts, washers and nuts shall be installed and secured.
A103.4 Door walls.
The door opening shall be framed with minimum two-inch by four-inch (51 mm by 102 mm) framing material secured at the entire perimeter and vertical members at a maximum of twenty-four (24) inches (610 mm) on center. Blocking shall also be secured at a maximum of forty-eight (48) inches (1,219 mm) on center vertically. Boarding sheet material shall be secured with screws and nails alternating every six (6) inches (152 mm) on center.
A103.5 Doors.
Doors shall be secured by the same method as for windows or door openings. One (1) door to the structure shall be available for authorized entry and shall be secured and locked in an approved manner.
A104
REFERENCED STANDARD
IBC — 12
International Building Code
A102.1, A102.2, A102.3