[HISTORY: Adopted by the Town Council of the Town of Mansfield 5-8-2006, effective 7-1-2006. Amendments noted where applicable.]
[Amended 5-8-2017, effective 5-29-2017]
A certain document, a copy of which is on file in the office of the Town Clerk of the Town of Mansfield, being marked and designated as the International Property Maintenance Code, 2003 Edition, as published by the International Code Council, be and is hereby adopted as the Housing Code of the Town of Mansfield, in the State of Connecticut for regulating and governing the conditions and maintenance of all properties containing a vacant structure and residential rental 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; and providing for the issuance of permits and collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions and terms of said Housing Code of the Town of Mansfield on file in the office of the Town Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, prescribed in Article II.
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional or ultra vires, such decision shall not affect the validity of the remaining portions of this chapter. The Town Council hereby declares that it would have passed this chapter, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or ultra vires.
Nothing in this chapter or in the Housing Code of the Town of Mansfield hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Article II of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
The Town of Mansfield Town Clerk is hereby ordered and directed to cause this chapter to be published in a newspaper having circulation within the Town.
This chapter and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from and after July 1, 2006.
The following sections of said 2003 Edition of the International Property Maintenance Code are hereby revised as follows.
SECTION 101, GENERAL, is amended as follows:
101.1 Title. These regulations shall be known as the “Housing Code of the Town of Mansfield,” hereinafter referred to as "this code."
101.2 Scope. The provisions of this code shall apply to all existing residential rental housing units and their associated premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises; and for administration, enforcement and penalties.
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 residential rental housing units, 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. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with the:
SECTION 102, APPLICABILITY, is amended as follows:
102.1 General. The provisions of this code shall apply to all matters affecting or relating to residential rental housing units, structures and premises, as set forth in Section 101. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.
102.3 Application of other codes. Repairs, additions or alterations to a residential rental housing unit, structure, or premises, or changes of occupancy, shall be done in accordance with the procedures and provisions of the codes and documents outlined in Section 101.3. Nothing in this code shall be construed to cancel, modify or set aside any provision of the codes and documents listed in Section 101.3.
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. Where differences occur between provisions of this code and the referenced standards, the provisions of the referenced standards shall apply.
SECTION 103, DEPARTMENT OF BUILDING INSPECTION, is amended as follows:
103.1 General. The Department of Building Inspection is hereby authorized and directed to enforce this code, and the executive official in charge thereof shall be known as the “Code Official.”
103.2 Appointment. The Town Manager of Mansfield shall appoint the Code Official; and the Code Official shall be subject to the Town Personnel Rules and Regulations or appropriate union contract.
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 schedule set forth in Chapter 9 of this code.
SECTION 104, DUTIES AND POWERS OF THE CODE OFFICIAL, is amended as follows:
104.3 Inspections. The Code Official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All 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 Town Manager.
104.8 Coordination of inspections. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector's authority to enforce, the inspector shall report the findings to the code official having jurisdiction.
SECTION 106, VIOLATIONS, is amended as follows: 106.3 Prosecution of Violation. The Code Official shall retain discretion to refer any violation of this code to the authority of the State of Connecticut for prosecution according to state law.
SECTION 107, NOTICES AND ORDERS, is amended as follows:
Delete without substitution: 107.2.6.
107.5 Transfer of ownership. The Code Official may cause to be filed upon the Land Records of the Town of Mansfield any written notice of violation or order issued by the Code Official. In any such case, if and when compliance with this code is subsequently attained, the Code Official shall cause to be filed on the Land Records a writing that documents and explains any such result without delay.
109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person or persons severally or jointly aggrieved by any decision of the Housing Code Board of Appeals shall thereafter have the right to appeal such order to the Connecticut Superior Court.
SECTION 110, DEMOLITION, is amended as follows: 110.1 General. Per Connecticut General Statutes Section 29-253, the Code Official shall order the owner of any premises upon which is located any structure which in the Code Official’s judgment is “unsafe,” meaning a building that constitutes a fire hazard or is otherwise dangerous to human life or the public welfare, 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 demolish and remove at the owner’s option.
SECTION 111, MEANS OF APPEAL, is amended as follows:
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 Housing Code Board of Appeals, provided that a written application for appeal and a filing fee of $100 are filed with the Clerk of the Board within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted or applied, the provisions of this code are not fully applicable, or the requirements of this code are adequately satisfied by other means.
111.2 Membership of Board. The Housing Code Board of Appeals shall consist of three electors of the community who, in the opinion of the appointing authority, the Town Council, possess the experience, capability and judgment to pass on matters pertaining to this Code. The members shall serve staggered and overlapping terms of three years, but in the beginning, the three who are initially appointed shall serve terms of one, two and three years, respectively.
111.2.1 Alternate members. The Town Council shall appoint two or more 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.
111.2.4 Secretary. The Town Manager shall designate a qualified person to serve as Secretary to the Board. The Secretary shall keep and file a detailed record of all proceedings in the office of the Town Clerk.
111.2.5 Compensation of members. Members shall not be compensated.
SECTION 201, GENERAL, is amended as follows: 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the Codes and Regulation listed in Section 8, such terms shall have the meanings ascribed to them as in those codes.
SECTION 202, GENERAL DEFINITIONS, is amended as follows:
Amend: BATHROOM. A group of fixtures including or excluding a bathtub or shower consisting of a water closet and lavatory located together in the same room.
Add: RESIDENTIAL RENTAL STRUCTURES. Shall include all dwelling and housing units defined by this code that are residential and rental structures except for those owned by the State of Connecticut. The terms “dwelling unit(s)” and “housing unit(s)” shall be considered synonymous for purposes of this code.
Add: VACANT. Temporarily unoccupied buildings, structures, premises or portions thereof.
[Added 5-8-2017, effective 5-29-2017]
[Added 5-8-2017, effective 5-29-2017]
All vacant structures and premises thereof 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, is amended as follows:
302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 inches. All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees and shrubs; provided, however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
[Amended 5-8-2017, effective 5-29-2017]
Delete without substitution: 302.8 Motor vehicles.
SECTION 304, EXTERIOR STRUCTURE, is amended as follows:
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 a minimum of 3 1/2 inches high with a minimum stroke width of 0.5 inch.
304.14 Insect screens. During the period from May 1 to October 15, every door, window and other outside opening required for ventilation of habitable rooms shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every swinging door shall have a self-closing device in good working condition.
Delete without substitution: 304.18.1 Doors.
SECTION 305, INTERIOR STRUCTURE, is amended as follows: 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 which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, apartments, two or more dwelling units shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
SECTION 306, HANDRAILS AND GUARDRAILS, is amended as follows: 306.1 General. Every exterior and interior flight of stairs having four or more risers shall have a handrail on one side of the stair, and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails and guardrails shall be in accordance with the codes and regulations listed in Section 8. Exception: Guards shall not be required where exempted by the adopted building code.
SECTION 308, EXTERMINATION, is amended as follows: 308.3 Single occupant. The occupant of a one-family dwelling shall be responsible for extermination on the premises.
SECTION 401, GENERAL, is amended as follows: 401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Building Codes and regulations listed in Chapter 8 shall be permitted.
SECTION 402, LIGHT, is amended as follows: 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 at least a sixty-watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9,144 mm).
SECTION 403, VENTILATION, is amended as follows: Delete without substitution 403.4 Process ventilation.
[Amended 8-8-2016, effective 9-2-2016]
SECTION 404, OCCUPANCY LIMITS, is amended as follows: 404.1 Privacy. Dwelling units, housekeeping units, rooming units and apartment units shall be arranged to provide privacy and be separate from other adjoining spaces.
404.5 OVERCROWDING. The maximum occupancy by unrelated individuals in a dwelling unit shall be as provided in the Mansfield Zoning Regulations, as may be amended.
SECTION 502, REQUIRED FACILITIES, is amended as follows:
SECTION 503, TOILET ROOMS, is amended as follows:
SECTION 505, WATER SYSTEM, is amended as follows:
Amend: 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. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Building Code and Regulations listed in Chapter 8.
Add: 505.2.1. Water test. Prior to a rental certificate being issued pursuant to Chapter 9 of this code, a copy of a water test completed within the immediately preceding 24 months indicating that the water supply meets the following minimum standards must be submitted to the Code Official:
[Amended 3-26-2007, effective 4-20-2007; 5-8-2017, effective 5-29-2017]
[Amended 4-27-2009, effective 5-22-2009]
Add to SECTION 506, SANITARY DRAINAGE SYSTEM: 506.3 Private Sewage Disposal System Maintenance. Prior to a rental certificate being issued pursuant to Chapter 9 of this code, a report provided by a pumper/hauler licensed by the Connecticut Department of Public Health, demonstrating that the on-site sewage disposal system has been cleaned and serviced within the past four years, must be submitted to the Code Official. The provisions of this section shall not apply to dwelling units that are served by a community sewer system.
SECTION 602, HEATING FACILITIES, is amended as follows:
602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68° F. (20° C.) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in the Building Code listed in Chapter 8. Cooking appliances shall not be used to provide space heating to meet the requirements of this section.
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68° F. (20° C.) in all habitable rooms, bathrooms, and toilet rooms.
Delete without substitution: 602.4 Occupiable workspaces.
SECTION 604, ELECTRICAL FACILITIES, is amended as follows: 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 the Building Code and Regulations listed in Chapter 8. Dwelling units shall be served by a three-wire, 120/240-volt, single-phase electrical service having a rating of not less than 60 amperes.
SECTION 702, MEANS OF EGRESS, is amended as follows:
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 Building Codes and Regulations listed in Chapter 8.
Delete without substitution: 702.2 Aisles.
702.3 Locked doors. All 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 Building Codes and Regulations listed in Chapter 8.
SECTION, 704, FIRE PROTECTION SYSTEMS, is amended as follows:
704.1 General. All 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 Building Codes and Regulations listed in Chapter 8.
704.2 Smoke alarms. Single- or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of the following locations:
On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
In each room used for sleeping purposes.
In each story within a dwelling unit, including basements and cellars 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 full story below the upper level.
CHAPTER 8, REFERENCED STANDARDS, is amended as follows:
[Amended 3-26-2007, effective 4-20-2007; 10-14-2014, effective 11-7-2014]
Add CHAPTER 9, RENTAL CERTIFICATION AND INSPECTIONS: