[Amended 8-1-2000 by Ord.
No. 1775]
A. The state Building Codes ILHR 50 through 64, 66 and 69 of the Wisconsin
Administrative Code are adopted by reference and made a part of this
ordinance as though fully set forth herein.
B. The Wisconsin Uniform Building Code prepared by the Building Inspectors Association of Southeastern Wisconsin with all amendments and revisions thereto is adopted by reference and made a part of this ordinance as though fully set forth herein. This code shall apply to existing buildings and to additions, alterations and repairs of existing buildings and to all construction, demolition or moving or existing buildings not within the scope of Subsection
A of this §
16.03.
C. The Wisconsin Uniform Dwelling Code, ILHR 20 through 25, is hereby
adopted by reference and made a part of this ordinance as though fully
set forth herein.
D. Amendments to the above codes adopted herein by reference shall become
amendments to this code on and after their adoption by the respective
administrative body referred to in the foregoing paragraphs.
In addition to the requirements of the Building Code issued
by the Industrial Commission of the State of Wisconsin, all construction
work in the City of South Milwaukee shall be done in accordance with
the requirements as set forth in this code.
[Amended 8-1-2000 by Ord.
No. 1775]
For the purpose of this code, certain terms, phrases and words
and their derivatives shall be construed as set out herein. Words
used in the singular include the plural and the plural the singular.
Words used in the masculine gender include the feminine and the feminine
the masculine. Wherever a section, subsection or paragraph is referred
to in this code by number or letter, without other designation, it
shall be understood to refer to a section, subsection or paragraph
in this code.
ACCESSORY BUILDING
An accessory building is a building such as a garage, playhouse
or greenhouse, which is subordinate or accessory to a main building
already existing on the same lot and which in any "residence district"
is not available to the public.
APPROVED
Approved, as to materials and types of construction, refers
to approval by the Building Inspector as the result of investigation
and tests conducted by him, or by reason of accepted principles or
tests by nationally recognized technical organization or by reason
of approval by the Industrial Commission of Wisconsin.
ATTIC or ATTIC STORY
An attic or "attic story" is any story situated wholly or
partially in the roof so designated, arranged or built as to be used
for business, storage or habitation.
BASEMENT
A basement is a story wherein on every side of the building
the average floor line is below the grade and the average ceiling
height in every elevation is not more than five feet above such grade.
BAY WINDOW
A bay window is a rectangular, curved or polygonal window,
extending beyond the main wall of the building.
BEARING WALL
A bearing wall is a wall of which any portion supports a
load other than its own weight.
BUILDING
A building is any structure built for the support, shelter
or enclosure of persons, animals, chattels or movable property of
any kind; and when separated by a fire separation wall, each portion
of such building so separated shall be deemed a separate building.
BUILT-UP MASONRY
Built-up masonry is that form of construction composed of
stone, brick, gypsum, hollow clay tile, concrete blocks or tile, or
other similar solid or hollow incombustible building units or materials
or a combination of these materials laid up unit by unit and set in
approved mortar.
CURTAIN WALL
A curtain wall is a fire resistant non-bearing wall between
columns or piers which are not more than one story or 18 times its
thickness in height.
DEAD LOAD
Dead load in a building includes the weight of the walls,
permanent partitions, framing, floors, roofs and all other permanent
stationary construction forming a part of the building.
DWELLING/DWELLING UNIT
Any structure or that part of a structure, which is used
or intended to be used as a home, residence, or sleeping place by
one or more persons.
ENCLOSING WALL
An enclosing wall is that portion of a building wall which
is exterior to the lath, plaster and other interior wall finish.
EXIT
A continuous and unobstructed means of egress to a street,
alley, or open court and includes intervening doors, doorways, corridors,
halls, balconies, ramps, fire escapes, stairways, and windows.
EXTERIOR WALLS
Exterior walls are outer walls or vertical enclosures of
a building other than a party wall.
FIRE SEPARATION WALL
A fire separation wall is a wall of masonry or reinforced
concrete which subdivides a building to restrict the spread of fire,
but it is not necessarily continuous through all stories nor extended
through the roof.
FLOOR AREA
Floor area is the area inside the exterior or fire walls
of a building exclusive of vent shafts and courts.
FOOTING
Footing is the spreading course at the base or bottom of
the foundation wall, column or pier.
FOUNDATION
A foundation is a substructure including masonry walls, piers,
footing, piles, grillage and similar construction, which is designed
to transmit the load of any super-imposed structure to natural soil
or bed rock.
GARAGE
A garage is a building used for the housing of one or more
motor vehicles.
(a)
PRIVATEA private garage is a garage maintained primarily for the convenience of the owner, tenant or resident occupant of the premises and in which no business is carried on and no service is rendered to the public.
(b)
PUBLICA public garage is any garage other than a private garage.
GFCI
Ground Fault Circuit Interrupter.
GRADE
(a)
For buildings or structures adjoining one street only, the elevations
of the sidewalk at the center of that wall adjoining the street.
(b)
For buildings or structures adjoining more than one street,
the average of the elevations of the sidewalks at center of all walls
adjoining streets.
(c)
For buildings or structures having no wall adjoining the street,
the average level of ground (finished surface) adjacent to the exterior
walls of the building or structure. All walls approximately parallel
to and not more than five feet from a street line are to be considered
as adjoining a street.
HABITABLE ROOM
Any room used for sleeping, living or dining purposes, excluding
such enclosed places as kitchens, closets, pantries, bath or toilet
rooms, hallways, laundries, storage spaces, utility rooms, and similar
spaces.
HEIGHT OF BUILDING
Height of building is the vertical distance measured at the
center line of its principal front from the established grade or from
the natural grade, if higher than the established grade, to the level
of the highest point in the coping of flat roofs or the deck line
of a mansard roof, or to the mean height of the highest gable of a
pitched roof, or to half the height of a hipped roof. Where no roof
beams exist or there are structures wholly or partly above the roof,
the height shall be measured to the level of the highest point of
the building.
INTERIOR WALL
An interior wall is a wall which is entirely enclosed by
exterior wall of the building.
LIME-CEMENT MORTAR
Lime-cement mortar consists of one part of dry hydrated lime
or lime putty and one part of portland cement added to not more than
six parts of approved sand, all measured by volume.
LINTEL
Lintel is the beam or girder placed over an opening in the
wall which supports the wall construction above.
LIVE LOADS
Live loads are all imposed, fixed or transient loads other
than "dead loads."
LOTS
A lot is a parcel of land having its principal frontage upon
a street or alley and occupied or to be occupied by a building and
its accessory buildings together with such open spaces as are required
by the Wisconsin State Building Code, this code and the zoning ordinances
of the City of South Milwaukee.
LUMBER SIZES AND GRADES
Lumber sizes and grades, whenever used in this code, mean
nominal sizes. The actual sizes shall not be less than the sizes specified
by the American Lumber Standards Committee. All grades shall be determined
using American Lumber Standards as a basis.
MASONRY
Masonry is that form of construction composed of monolithic
concrete or of stone, brick, concrete, gypsum, hollow clay tile, concrete
block or tile, or other similar solid or hollow incombustible building
units or materials, or a combination of these materials laid up unit
by unit and set in approved mortar.
MONOLITHIC MASONRY
Monolithic masonry is a homogenous mass of inert materials
mixed with portland cement and constructed in one continuous operation.
MOTOR VEHICLE
A motor vehicle is any self-propelling vehicle which is licensed
to travel over the streets and highways. In calculating garage accommodations
under this code, two-wheeled motorcycles shall be considered as the
equivalent of one motor vehicle.
NEC
National Electric Code.
NON-BEARING WALL
A non-bearing wall is a wall which supports no load other
than its own weight.
PANEL WALL
A panel wall is a non-bearing wall built between columns
or piers and wholly supported at each story.
PARAPET WALL
A parapet wall is that part of any wall entirely above the
roof line.
PARTY WALL
A party wall is a wall used or adapted for joint service
between two buildings.
PORTLAND CEMENT MORTAR
Portland cement mortar consists of one part portland cement
to not more than three parts of approved sand, except that dry hydrated
lime or lime putty in volume equal to not more than 15% of the volume
of portland cement may be added to the mortar.
REPAIR
The reconstruction or renewal of any part of an existing
building for the purpose of its maintenance. The word "repair" or
"repairs" shall not apply to any alteration.
RETAINING WALL
A retaining wall is any wall used to resist the lateral displacement
of any material.
SHAFT
A vertical opening through one or more floors of a building
for elevators, dum waiter, light, ventilation, or similar purposes.
SHALL
As used in this code, is mandatory.
STORY
(a)
A story is that portion of a building included between the upper
surface of any floor and the upper surface of the floor next above,
except that the topmost story shall be that portion of a building
included between the upper surface of the topmost floor and the ceiling
or roof above. A basement shall not be considered a story unless the
ceiling thereof is more than five feet above grade.
(b)
Second story. A building shall be considered a two-story building
when the bearing walls extend more than three feet above the second
floor or said wall is more than 17 feet high measured from the grade
up. No two-story residence bearing shall have a height to exceed 22
feet measured from the lower edge of the first floor joists to the
top of the wall.
STRUCTURE
A structure is that which is built or constructed, an edifice
or building of any kind, or any piece of work artificially built up
or composed of parts joined together in some definite manner.
VENEER
Veneer is the outer facing of brick, stone, concrete or tile
attached to an enclosing wall for the purpose of providing ornamentation,
protection or insulation which cannot be considered as adding to the
strength of the walls.
[Amended 8-1-2000 by Ord.
No. 1775]
A. Footings & foundation inspection. Footings inspection is required
before the footing is poured. The foundation inspection is to be made
after completion of footing and foundation walls. No flooring shall
be laid nor shall any back-filling be done until the foundation inspection
is made and the work approved.
B. Frame inspection. Frame inspection is to be made after the roof,
all framing, fire blocking and bracing is in place and all pipes,
chimneys and vents are complete.
C. Final inspection - certificate of occupancy. The Building Inspector
shall make a final inspection of all new buildings, additions and
alterations. If no violation of this or any other ordinance, law or
lawful order be found, the Building Inspector shall issue a certificate
of occupancy stating the purpose for which the building is to be used,
also each floor thereof. No building or part thereof shall be occupied
until such certificate has been issued except with the written consent
of the Building Inspector; nor shall any building be occupied in any
manner which conflicts with the conditions set forth in the certificate
of occupancy.
Any person feeling himself aggrieved by any order of ruling
of the Building Inspector may appeal from such ruling to the Common
Council within 10 days after written notice of such ruling shall have
been delivered to him, such appeal to be in writing setting forth
the order appealed from and the reason why appellant claims that said
order or ruling is incorrect or illegal. Said notice of appeal shall
be filed with the City Clerk and shall be heard at the next Regular
Meeting of the Common Council, whereupon the said Common Council shall
affirm, reverse or modify said ruling. The ruling or order of the
Inspector shall be enforced until changed by the Common Council.
[Amended 8-1-2000 by Ord.
No. 1775]
Except as herein provided, every building constructed in the
City of South Milwaukee, including garages and outbuildings, shall
have a footing or a solid concrete floor. Footings shall not be less
that four feet below finish grade. Reinforced concrete slab foundation
poured in one operation may be used when acceptable to the Building
Inspector. Accessory buildings (sheds) with a floor area of 100 square
feet or less can be constructed without a footing or solid concrete
floor when the building inspector determines that due to the nature,
construction materials and size of the structure footings or concrete
floor is not required to insure the building's safety and permanence.
[Amended 8-1-2000 by Ord.
No. 1775]
A. Detached private garages shall have no living rooms in connection
therewith.
[Amended 8-1-2000 by Ord.
No. 1775]
Before proceeding with the construction, erection, alteration or remodeling of any boiler, furnace, oven or range, included in this code, or for any repairs or alterations of same, exceeding $25 in cost, a permit shall first be obtained from the Building Inspector by the heating contractor for such boiler, furnace, oven or range, except kitchen or laundry ranges or stoves in private residences. Before the Building Inspector shall issue the permit, an application shall be filled with him by the heating contractor specifying in detail the work to be done. If the application shows that such installation, remodeling, altering or repairs are to be done in conformity with the provisions of this code, the Building Inspector shall approve of the same and shall issue a permit to the applicant for which the fee determined by resolution of the Common Council shall be charged in accordance with §
16.07H of of the Code.
Whenever any building work is being done contrary to the provisions
of this Code or is being done in an unsafe or dangerous manner, the
Building Inspector may order the work stopped by notice in writing
served on any persons engaged in doing or causing such work to be
done, and any such person shall forthwith stop such work until authorized
by the Building Inspector to recommence and proceed with the work.
Whenever any building or portion thereof is being used or occupied
contrary to the provisions of this Code, the Building Inspector shall
order such use or occupancy discontinued and the building or portion
thereof vacated by notice served on any person using or causing such
use or occupancy to discontinue such use or occupancy and such person
shall vacate such building or portion thereof within 10 days after
receipt of the notice or making the building or portion thereof comply
with the requirements of this Code on use and occupancy.
[Added 2-21-2018 by Ord.
No. 2168; amended 11-1-2022 by Ord. No. 2231; 12-5-2023 by Ord. No. 2252]
A. Purpose. Registering of vacant nonresidential buildings or any other
vacant building, including, but not limited to, buildings occupied
or in business for manufacturing, industrial, storage or commercial
uses, is essential for the proper enforcement of the City's building,
fire and zoning code and to safeguard persons, property and general
welfare.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
OWNER
The person(s) who is vested in all or part of the legal title
to the property.
SECURED
A building that has all permanent doors and windows in each
appropriate building opening that are secured to prevent unauthorized
entry, and has all its door and window components intact and unbroken.
UNSECURED
Any building that does not meet the definition of "secured."
VACANT
Entire abandonment or nonoccupancy for any purpose other
than residential uses. Commercial malls and strip malls that are more
than 75% unoccupied will be considered vacant. "Vacant" shall also
include buildings that lack habitual presence of human beings who
have a legal right to be on the premises, or at which substantially
all lawful business has ceased operation within. This section applies
to vacant street level units located in the C-1, C-2 and C-3 Zoning
Districts, regardless if other units of the property are occupied.
Spaces with unauthorized or nonpermitted uses are considered vacant
for the purposes of this section.
VIOLATION
A lawful order has been issued by the City, or a department
thereof, and the conditions forming the basis for the order have not
been fully abated.
C. Registration required.
(1)
The owner of any building that has become vacant shall within
90 days after the building becomes vacant or within 90 days after
assuming ownership, whichever is later, file a registration statement
for each such building on forms provided by the City's Inspection
Department. The registration and provisions of this section shall
remain in effect for that period the building remains vacant, and
such registration shall be renewed on an annual basis.
(2)
Fees. Registration fees shall apply in accordance with the Administrative
Fee Schedule.
D. Exemptions. The following are exempt from the provisions of this
section:
(1)
Property that is undergoing an active renovation or rehabilitation,
and where a permit for same has been secured from the City Inspection
Services Department.
(2)
Buildings that are constructed as and solely for residential
use, including single-family, two-family or multifamily residential
uses.
(3)
Properties that are part of an estate that is in probate and
are not subject to bankruptcy.
(4)
Properties that are publicly, actively and in good faith:
(a)
Being listed for sale or lease; and
(b)
Property is readily searchable and available on the internet
and there is posted signage at a scale legible from the public right-of-way,
with lettering not less than three inches in height with a minimum
3/8-inch stroke in contrasting color; and
(c)
Whether the owner has responded to inquiries to lease or sell
the property; and
(d)
Whether any advertised offer price or advertised rental price
aligns with area market rates.
(5)
Property owned by the City.
E. Owner's responsibilities. The owner of any building that has
become vacant shall:
(1)
Enclose and secure the building as provided in Subsection
F.
(2)
Maintain the building in a secure and closed condition until
the building is again occupied or legally razed.
F. Minimum requirements for vacant buildings.
(1)
After filing a registration statement, the building owner shall
provide access to the City, at the City's request, to conduct
an exterior and interior inspection of the building to determine compliance
with this section.
(a)
Exterior and interior maintenance.
[1]
It is prohibited to accumulate or permit the accumulation of
junk, trash, debris, boxes, lumber, scrap metal or any other materials
that may produce any health, fire or safety hazard, or provide harborage
for rodents or other animals.
[2]
The exterior of the building must be maintained in a manner
free from filth, dust, or unclean conditions.
[3]
Every foundation, roof, floor, wall, stair, ceiling or other
structural support shall be safe and capable of supporting the loads
associated with normal usage and shall be kept in sound condition
and repair.
[4]
Any plumbing fixtures, including those used for operation of
sprinkling systems, shall be maintained with no leaking pipes, and
all pipes for water shall either be completely drained or heated to
resist being frozen.
[5]
Every exterior exit door shall be secured with a lock, or with
a locking mechanism deemed equivalent or better by the Building Inspector.
Every exit door shall be capable of being opened from the inside easily
and without the use of a key or special knowledge.
[6]
An existing alarm system shall remain operational for buildings
with sprinkler systems.
[7]
Exterior and interior stairs shall have treads, platforms, risers
and railings that are sound, securely fastened and have no rotting,
loose or deteriorating supports.
[8]
Every owner shall be responsible for the extermination of insects,
rodents and other vermin in or about the premises.
[9]
The building interior, when visible to passersby through the
storefront windows, shall be maintained in a neat and orderly fashion.
[10] If utilized, window treatments shall only be constructed
of materials specifically designed to be window treatments.
G. Penalties.
(1)
Failure to register. Any property owner that fails to register
a vacant building shall forfeit a penalty of $100. Each additional
month of violation after notification is a separate $100 penalty.
(2)
Failure to secure and maintain. If any property owner, or entity
functioning as a trustee of an owner, having a duty to register a
vacant building is found to be in violation, the Building Inspector,
or his designee, shall send by first-class mail a written notice of
the violation to the person responsible for day-to-day supervision
and management of the building or to the authorized agent for service
and process and to the owner of record. Within 30 days or an amount
of time deemed appropriate by the Building Inspector, or his designee,
of the mailing of the notice of violation, the owner shall be required
to restore the building in compliance with this section. For failure
to secure and maintain the property as required in this section, the
owner shall forfeit $50 for every day that the building remains noncompliant.
H. Charge for public safety services. Any property owner, or entity
functioning as a trustee of an owner, that fails to comply with any
provisions of this section shall, after 45 days from notification
by the Building Inspector, be charged for those City services rendered
to the property by the City while noncompliant with this section.
The City shall charge the cost thereof to the owner, and failure to
pay the City any costs shall be assessed against the real estate as
a special charge. Appeal of any determination of the City imposing
costs against the owner may be submitted for a hearing to the Legislation
and Permits Committee of the Common Council. Chapter 68, Wis. Stats.,
shall not apply to such appeal.
[Added 11-15-1949 by Ord.
No. 398; amended 4-8-1998 by Ord. No. 1702]
A. There is hereby created a committee to be known as "Building Inspection
Committees" consisting of the City Engineer, the Fire Chief, and the
Medical Advisor, or their designees. This committee shall inspect
those buildings which have been destroyed, condemned, or have been
otherwise deemed unfit for human habitation and use and which require
reconstructive work of more than 50% of the square footage of the
structure.
B. The committee shall inspect the building in question prior to the
issuance of permits and prior to the commencement of any work, with
the exception of: (i) the issuance of a demolition permit, (ii) the
complete removal of the structure, or (iii) any work deemed necessary
by the Building Inspector to ensure the safety of the public. Upon
completion of its inspection, the committee shall submit a detailed
report including the present interior and exterior conditions, the
extent of damages or conditions, and the proposed plans for reconstruction
to the Plan Commission.
C. No permit shall be issued for the reconstruction of the structure
in question unless the Plan Commission approves such reconstruction.
D. No building or structure as described above shall be granted permits
unless the proposed work results in the following:
(1)
The building is made structurally safe, fireproof, and weatherproof.
(2)
The building is provided with sanitary facilities as per state
code and use.
(3)
The building is made to conform to existing zoning laws and
building codes in the City of South Milwaukee.
(4)
Any change in use shall conform with local zoning restrictions
and state building codes.
(5)
If the structure in question is a public/commercial building,
it is made to comply with the ADA accessibility requirements.
This Code shall not be construed as placing any liability on
the City of South Milwaukee for damages to anyone injured or to any
property damaged or destroyed as a result of the improper location
of any building, or any defect in any building, or any defect in any
equipment in any building.
[Added 5-20-1997 by Ord.
No. 1669]
A. Purpose and intent. It is hereby found and declared that premises
exist within the City of South Milwaukee which are blighted because
there exists upon these premises, buildings and or other structures,
either occupied or unoccupied by humans, a lack of proper design and
construction, maintenance and repair, sanitary facilities, adequate
light and ventilation, heating facilities, or any combination of these
factors. These conditions have resulted in buildings and structures
becoming so deteriorated, dilapidated, neglected, or unsanitary as
to jeopardize or be detrimental to the health, safety, and welfare
of the people of the City of South Milwaukee. That the above conditions
existing on such premises necessitate excessive and disproportionate
expenditures of public funds for public health and safety, crime and
fire protection, and other public services; and that these conditions
cause a drain upon public revenue and impair the efficient and economical
functions in such areas. It is hereby further found and declared that
the elimination of blighted premises in the future is in the best
interests of the citizens of South Milwaukee, and that the accomplishment
of this will be fostered and encouraged by the enactment and enforcement
of this chapter. The enactment and enforcement of this chapter is
hereby declared to be essential to the public interest, and it is
intended to be liberally construed to effectuate the purpose as stated
herein.
C. Inspection of residential properties.
(1) Whenever the Building Inspector shall have probable cause to believe
that a building is not in compliance with the following provisions,
the Building Inspector or any of his/her designees may make inspections
to determine the condition of dwellings, dwelling units, and premises
located within the City to safeguard the health and welfare of the
occupants of the dwellings and of the general public. Except in the
event of an emergency, interior inspections shall be conducted with
the consent of the owner or one with legal authority to consent or
upon a warrant issued by the municipal court or circuit court judge.
The Building Inspector shall seek a warrant only on the written report
of an adult or his own personal observation. Any written complaint
which is not signed will be disregarded.
(2) Probable cause. An inspection warrant shall be sought only where
the owner or occupant has refused to consent to the inspection and
where the inspector satisfies the court that based on his/her personal
observations or on the report of one whom he believes to be reliable
and who is reporting from his/her own personal observations that the
premises are a health or safety hazard to the occupants or the surrounding
community or that the building has become so out of repair as to be
a blight upon the neighborhood.
D. Inspection of nonresidential properties.
(1) Inspection by Building Inspector. The Building Inspector or any of
his/her designees shall make inspections to determine the condition
of nonresidential properties and premises located within the City
to safeguard the health and welfare of the occupants and of the general
public.
(2) Pre-occupancy inspections. Inspections of nonresidential premises,
or part thereof, shall be performed by the applicable officers or
his/her designee, prior to any change in the occupancy of any business
at said premises. To insure that the pre-occupancy inspection effectively
addresses all appropriate repairs or modifications and that the use
of the property is a use permitted under the applicable provisions
of the zoning code, a new occupancy permit must be obtained by each
new occupant prior to occupying any nonresidential premises.
[Amended 8-1-2000 by Ord.
No. 1775]
E. Enforcement. The Building Inspector or his/her designee shall enforce
this code and shall be responsible for its interpretation where necessary.
Any owner who, having received an order to correct conditions under
this code who fails to correct those conditions when and as ordered
shall, upon conviction, be subject to a forfeiture of not less than
$10 nor more than $1,000 per day for each day the failure to correct
the condition continues beyond the time granted in the order for repair
of the condition.
F. Issuance of order in emergency. If the Building Inspector, Health
Inspector, or Fire Inspector, or their designees determine that a
hazardous condition exists which requires immediate action to protect
the public, public property or private property from serious harm,
that officer may issue such orders as he/she deems necessary to protect
the public, public property or private property. Such an order shall
recite the basis for the determination that an emergency exists and
the order may require immediate response to repair the hazardous condition.
G. Minimum requirements for residential properties. Upon inspection
the following standards shall apply and where appropriate, the order
for correction may prohibit occupancy of any dwelling unit which does
not meet the following minimum standards:
(1) Residential units constructed after June 1, 1980 are required to
comply with the state codes for the year the unit was constructed.
Any remodeling or alterations done without a required permit must
conform to current codes.
(2) Residential unit constructed prior to June 1, 1980 are required to
comply with the following minimum standards. Any remodeling or alterations
done without a required permit must conform to current codes.
(a)
Building exits. Every exit from a dwelling unit shall comply
with the following requirements:
[1]
Exit doors and passageways shall be kept in a reasonably good
state of repair and operational.
[2]
Exit doors and passageways shall be unobstructed at all times.
[3]
Every dwelling unit shall have at least two exits to the exterior
from the first floor. Exits located in the same room shall be counted
as one exit.
[4]
Every dwelling unit in excess of one story, shall be provided
with a minimum of two exits per floor. One exit may be a stairway/stairways
which leads to the first floor or discharges to grade or an approved
balcony/platform. Except when the second floor is the lowest level
of the dwelling unit, windows with a net clear opening of 20 inches
in width and 24 inches in height and a maximum sill height of 46 inches
shall be counted as an exit.
[5]
Basement areas not used for sleeping shall be provided with
one means of exit. Basement areas used for sleeping purposes shall
be provided with at least two exits. Windows which meet the requirements
for second floor exiting shall be counted as an exit.
(b)
Rooms. Sleeping areas/habitable rooms must have a minimum of
75 square feet of area. All rooms shall be in safe and sanitary condition.
(c)
Doors. Every dwelling shall be supplied with a suitable door
and frame in the following areas:
(d)
Windows. Every habitable room shall be supplied with a minimum
of one window and shall comply with the following:
[1]
Glass areas must be free of holes or cracks and must be supplied
with proper glass or a suitable replacement.
[2]
Windows shall be in good condition, structurally sound, and
free of deterioration.
[3]
When operable type windows are present and/or required, the
window shall be in good operating condition.
(e)
Stairs and elevated areas. Stairs and elevated areas shall comply
with the following:
[1]
Structurally sound and in good condition.
[2]
Treads and Risers. Stairs shall have uniform treads and risers,
with a maximum variance of one inch.
[3]
All stairs of more than three risers shall be provided with
at least one handrail.
[4]
Stairs five feet in width or more shall have handrails on both
sides.
[5]
Handrails shall be provided for all open side stairways.
[6]
All openings between floors, balconies, decks, etc. which are
in excess of 24 inches above grade or a floor, shall be protected
with guardrails, located at least 36 inches above the floor.
(f)
Fire prevention/separation/prevention. The following requirements
must be complied with to prevent the spread of fire:
[1]
Smoke detectors. Smoke detectors, shall be required in areas
used for sleeping. At least one smoke detector, hardwired or battery
operated, per level is required.
[2]
Fire separation. Common walls of dwelling units and attached
garages shall have a fire rating of 3/4 hour.
[3]
Common doors of dwelling units and attached garages shall have
a fire rating of 20 minutes.
[4]
Structures within 10 feet of a dwelling unit must have a one
hour separation rating.
(g)
Foundations/walls/roofs.
[1]
All basements shall be provided with a concrete floor.
[2]
Foundation and support walls must be reasonably maintained and
structurally sound. Where defects or structural integrity is believed
to be present, repairs must be completed by a professional or the
foundation must be analyzed by an engineer to verify the capacity.
[3]
Roof areas must be free of structural defects. Excessive areas
of deterioration or apparent loss of structural integrity may require
structural analysis.
[4]
All interior floor areas shall be structurally sound.
(h)
Environmental.
[1]
Required window area. Every habitable room shall have a minimum
of one window facing directly to the outdoors.
[2]
Ventilation. Every habitable room shall have at least one window
capable of being opened easily. The total operable window area shall
be equal to at least 50% of the minimum window area size.
[3]
All operable windows shall be supplied with effective storms
and or screens.
(i)
Energy.
[1]
Doors and windows shall be reasonably weather tight, free of
holes, and rodent proof. The building official may require weather-stripping,
or storm windows and doors to be installed if deemed necessary.
[2]
All dwelling units shall be supplied with a heating system that
is in compliance with the following requirements:
[a] All clearances to combustibles are properly met
as required by state codes and manufacturer's specifications.
[b] Ventilation system is properly maintained and installed.
[c] Heating apparatus and ventilation system shall
not emit unsafe values of gas into the home.
[d] Ventilation system must be free of defects which
may allow carbon monoxide to enter into the dwelling.
[e] The heating system shall be capable of maintaining
a 70° environment throughout the habitable areas of the dwelling
from September 21 to June 21.
(j)
Sanitary and plumbing.
[1]
All plumbing installations shall conform to the state codes
for the era it was installed. In the case of repairs or remodeling,
all plumbing installations must comply with the applicable codes.
[2]
All sanitary fixtures (waterclosets, showers, sinks, etc.) shall
be in proper working condition.
[3]
Minimum sanitary requirements; every dwelling unit, with the
exception of rooming houses or other facilities where sanitary facilities
are shared, which is used for living must contain the following:
[a] An approved kitchen sink.
[c] An approved bathing/showering area.
[d] An approved lavatory basin.
[4]
Water heating facilities/capacities; Every kitchen, bathroom
and laundry room shall be supplied with hot water. Hot water shall
be supplied by a heating system capable of heating water to a minimum
of 100° F. Heating systems shall have a capacity sufficient for
the occupants.
(k)
Electrical systems.
[1]
Service evaluation/update. Electrical services for residences
must meet the following:
[a] Electrical services must be capable of handling
load requirements, as per NEC and must be in safe condition.
[b] Electrical services must comply with NEC guidelines.
[2]
Outlet requirements. Electrical outlets shall be operational
and correctly wired. The following are minimum outlet requirements.
These minimums may be reduced by the Building Inspector when he deems
such reduction will not jeopardize the safety of the occupants.
[a] Kitchens. Counter top spaces shall be supplied
with a minimum of one outlet for every separate counter surface.
[b] Bathrooms. Bathrooms shall be supplied with a minimum
of one outlet.
[c] Bedrooms. A minimum of two outlets per 100 square
feet of floor area, excluding closets, is required.
[d] Other habitable rooms. Habitable rooms, except
as indicated above, shall have a minimum of two outlets per 150 square
feet of floor area.
[3]
Lighting requirements. Lighting shall be supplied, in working
condition, and be in compliance with state and national codes. Lighting
shall be installed in every habitable room, bathrooms, hallways, stairways,
and at all outdoor entrances or exits if the Building Inspector deems
such entrance/exit lighting necessary.
H. Items of maintenance.
(1) Exterior maintenance. All exterior surfaces shall be free of loose,
cracked, missing or deteriorating materials. Surfaces shall be maintained
and resurfaced as necessary. Exterior building elements shall be free
of deteriorating, unsafe, unsanitary, or unsightly conditions.
(2) Property maintenance. All yard areas shall be maintained and free
of excessive debris. Properties must be maintained so as not to create
an unsafe, unsanitary or unsightly area for the surrounding community.