Every habitable public or private building hereafter
constructed and all existing habitable buildings, at the discretion
of the Director, shall comply with the following requirements. These
requirements shall not apply however to premises regulated by Chapters
VII and XV of the State Sanitary Code.
A.
Each and every plumbing fixture, pipe, drain, sewer
and sewer connection shall be properly plumbed, of sanitary design
and construction, maintained in good repair and in a sanitary condition.
No person shall occupy any building, dwelling, trailer or vehicle
as a place of habitation unless a safe and adequate supply of water
is readily available and unless adequate and sanitary facilities for
the disposal of sewage shall have been provided therefor.
B.
Every habitable building intended for or occupied
as a home or place of residence shall be provided with at least one
toilet, one bathtub or shower, one lavatory and one kitchen sink for
each single-family dwelling unit or, if more than one family, for
each eight persons inhabiting such structure. Every habitable room
in any such building shall be so constructed and maintained as to
provide protection from the elements, freedom from excessive moisture,
freedom from rodent and insect infestation, adequate ventilation,
adequate natural lighting and shall be capable of being kept and shall
be kept in a clean and sanitary condition.
C.
Every dwelling unit shall contain at least 150 square
feet of floor space for the first occupant thereof and at least 100
square feet of floor space for every additional occupant thereof,
calculated on the basis of total habitable room area. In every dwelling
unit of two or more rooms, every room occupied for sleeping purposes
by one occupant shall contain at least 70 square feet of floor space,
and every room occupied for sleeping purposes by more than one occupant
shall contain at least 50 square feet of floor space for each occupant
thereof. At least 1/2 of the floor area of every habitable room shall
have a ceiling height of at least seven feet. The floor area of that
part of any room where the ceiling height is less than five feet shall
not be considered as part of the floor area of the room for the purposes
of determining the maximum permissible occupancy thereof.
D.
Every dwelling shall have heating facilities which
are properly installed, are maintained in a safe and good working
condition and are capable of safely and adequately heating all habitable
rooms, bathrooms and water closet compartments in every dwelling unit
located therein to a temperature of at least 70° F. at a distance
of three feet above the floor level, under ordinary winter weather
conditions. All heating devices shall be properly and adequately vented
and shielded.
A.
Whenever any building, dwelling or a part thereof
shall become insanitary so as to be unfit for human habitation or
whenever occupancy of a building or dwelling shall cause an insanitary
condition on or adjacent to the premises thereof and such condition
shall be determined, by the Director after due notice to the owner
and a hearing thereon, to constitute a nuisance or condition detrimental
to life or health, the Director may issue an order requiring the owner
thereof to abate said nuisance or condition by placing said building
or dwelling in a sanitary or habitable condition within a time specified
in said order.
B.
Upon the failure of such owner to comply with the order provided for in § 569-35A herein, the Director may issue a further order, to be affixed conspicuously upon such building or dwelling and served upon the occupant or lessee thereof and upon the owners thereof or his agent, requiring all persons to vacate such building or dwelling and to discontinue its use at such time as shall be stated in said order and until such time as the building or dwelling shall be placed in a sanitary or habitable condition and the nuisance abated. Whenever such building or dwelling has been vacated in accordance with this section, it shall not be reoccupied except by written permission of the Director.[1]
