As used in this chapter, the following terms shall have the
meanings indicated:
BASEMENT
A portion of any dwelling located partly underground but
having less than 1/2 its clear floor-to-ceiling height below the average
grade of the adjoining ground.
CELLAR
A portion of any dwelling having 1/2 or more than 1/2 of
its clear floor-to-ceiling height below the average grade of the adjoining
ground.
DWELLING
Any building, structure, camp, trailer, mobile home, dwelling
unit, rooming house or rooming unit, or any part thereof used for
human habitation or intended to be so used, including any appurtenances
belonging thereto or usually enjoyed therewith.
DWELLING UNIT
A room or group of rooms located within a dwelling and forming
a single habitable unit with facilities which are used or intended
to be used for living, sleeping, cooking and eating.
HABITABLE ROOM
A room or enclosed floor space used or intended to be used
for living, sleeping or eating purposes, excluding bathrooms, water
closet compartments, laundries, foyers, pantries, communicating corridors,
stairways, closets, basement recreation rooms and storage spaces.
OCCUPANT
Any person, including an owner or operator, living and sleeping
in a dwelling unit or rooming unit.
OPENABLE AREA
The part of window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
OPERATOR
Any person having charge, care, management or control of
any dwelling or part of it in which dwelling units or rooming units
are let.
OWNER
Any person who, alone, jointly or severally with others,
holds legal or equitable title to any dwelling, rooming house, dwelling
unit or rooming unit.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PLUMBING
Water-heating facilities, water pipes, garbage-disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes-washing machines, catch
basins, drains, vents and other similar supplied fixtures, together
with all connections to water or sewer lines.
PLUMBING CODE
The New Hampshire State Building Code as adopted pursuant
to RSA 155-A.
PREMISES
A lot, plot or parcel of land, including the buildings and
structures thereon.
ROOMING HOUSE
Any dwelling, or that part thereof containing one or more
rooming units, in which space is let to three or more persons.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
or eating purposes.
SUPPLIED
Installed, furnished or provided by the owner or operator
at his expense.
TEMPORARY DWELLING
A seasonal dwelling that is intended for use eight or fewer
months per year.
YARD
All ground, lawn, court, walk, driveway or other open space
constituting part of the same premises as the dwelling.
No person shall occupy as owner-occupant or shall let to another
for occupancy any dwelling, rooming house, dwelling unit or rooming
unit which does not comply with the following minimum standards for
basic equipment and facilities:
A. Dwelling units.
(1) Every dwelling unit shall contain within its walls and/or meet the
following requirements:
(a) Lavatory facilities. A room, separate from the habitable rooms, which
affords privacy and which is equipped with a flush water closet and
a lavatory basin.
(b) Bathtub or shower. A room, separate from the habitable rooms, which
affords privacy to a person in the room and which is equipped with
a bathtub or shower.
(2) Sharing by dwelling units in same building. The occupants of not
more than two dwelling units which are located in the same dwelling
may share sanitation facilities, including a water closet, lavatory
and tub or shower, provided that:
(a)
Neither of the two dwelling units contains more than two rooms;
however, for the purposes of this subsection, a kitchen with not more
than 60 square feet of floor area is not counted as a room.
(b)
The habitable room area of each of such dwelling units aggregates
not more than 350 square feet, exclusive of sanitation area.
B. Water line connections. Every kitchen sink, lavatory basin and bathtub
or shower required by this chapter shall be properly connected with
both hot and cold water lines. The hot water lines shall be connected
with supplied water heating facilities which are capable of heating
water to such a temperature as to permit an adequate amount of water
to be drawn at every required kitchen sink, lavatory basin and tub
or shower at a temperature of not less than 120° F. All plumbing
fixtures required by this section shall be properly connected to an
approved water system and to an approved sewerage system.
C. Rubbish collection. Every multifamily dwelling shall have approved
common garbage and rubbish storage or disposal facilities.
D. Egress. Every dwelling unit and rooming unit shall have a safe and
unobstructed means of egress leading to a safe and open space at ground
level.
E. Rooming house; additional sanitation standards.
(1) Lavatories. Every rooming house shall be equipped with at least one
flush water closet, one lavatory basin and one bathtub or shower for
each six persons or fraction thereof living within the rooming house,
including members of the family of the owner or operator if they share
the use of the facilities. In a rooming house in which rooms are let
only to males, flush urinals may be substituted for not more than
1/2 the required number of water closets. All such facilities shall
be properly connected to approved water and sewerage systems. No such
facility located in a basement or cellar shall count in computing
the number of facilities required by this subsection, except when
approved by the Building Inspector. Every flush water closet, flush
urinal, lavatory basin and bathtub or shower required by this subsection
shall be located within the rooming house in a room or rooms which:
(a)
Afford privacy and are separate from the habitable rooms.
(b)
Are accessible from a common hall and without going outside
the rooming house.
(c)
Are not more than one story removed from the rooming unit of
any occupant intended to share the facilities.
(2) Bedding and towels. When bedding, bed linen or towels are supplied,
the owner or operator shall maintain the bedding in a clean and sanitary
manner, and he shall furnish clean bed linen and towels at least once
each week and prior to the letting of any room to any occupant.
No person shall occupy as owner-occupant or shall let to another
for occupancy any dwelling, rooming house, dwelling unit or rooming
unit which does not comply with the following minimum standards for
ventilation, light and heating:
A. Windows and openable space.
(1) Total window area. Every habitable room shall have at least one window
which faces directly to the outdoors. The minimum total window area,
measured between stops, for every habitable room shall be 10% of the
floor area of such room. Whenever walls or other portions of structures
face a window of any such room and such light-obstruction structures
are located less than three feet from the window and extend to a level
above that of the ceiling of the room, such a window shall not be
deemed to face directly to the outdoors and shall not be included
as contributing to the required minimum total window area.
(2) Openable window area. Every habitable room shall have a least one
window or skylight which can be easily opened, or such other device
as will adequately ventilate the room. The total openable window area
in every habitable room shall equal at least 45% of the minimum area
size or the minimum skylight-type window size, as required by this
chapter, except where there is supplied some other device affording
adequate ventilation and approved by the Building Inspector.
(3) Glass-fronted porch. For the purpose of this section, where a living
room faces onto a glass-fronted porch, the porch shall be considered
as a part of the living room if the total window and open space area
between the porch and the living room is at least 15% of the floor
area of the living room.
(4) Bathroom. Every bathroom and water closet compartment shall comply
with the window area and openable area requirements for habitable
rooms, except where there is supplied some other device approved by
the Building Inspector as affording adequate ventilation.
(5) Laundry rooms. Every laundry room shall have a minimum openable area
of at least three square feet, except where there is some other device
approved by the Building Inspector as affording adequate ventilation.
(6) Public hallway and stairways. Every public hallway and stairway within
every two-family or multifamily dwelling and rooming house shall be
adequately ventilated and equipped with handrails required by the
Building Code.
B. Lighting. Every dwelling within 300 feet of a power line shall be
supplied with electricity as follows:
(1) Habitable room. Every habitable room shall contain at least two separate
floor- or wall-type electric convenience outlets and one supplied
ceiling-type electric light fixture or a switch-controlled outlet.
(2) Bathrooms; utility rooms. Every water closet compartment, bathroom,
laundry room and furnace room shall contain at least one supplied
ceiling- or wall-type electric light fixture.
(3) Public halls. Every public hall in a dwelling shall contain at least
one supplied ceiling- or wall-type electric light fixture. Every public
hall and stairway in every two-family dwelling, multifamily dwelling
and rooming house shall be adequately lighted at all times, except
that in a two-family dwelling an adequate lighting system which may
be turned on when needed by conveniently located light switches shall
be permitted instead of a full-time lighting system.
(4) Standards for installation. Every outlet and fixture shall be properly
installed and maintained in good and safe working condition. All electrical
installations shall comply with the requirements of the National Electrical
Code.
C. Every dwelling shall have heating facilities which are capable of
safely and adequately heating all habitable rooms, bathrooms and water
closet compartments within their walls to a temperature of at least
70° F. when the outside temperature is -10° F. This subsection
does not apply to a temporary dwelling.
D. Portable heating equipment employing a flame and using gasoline or
kerosene does not meet the standards of this chapter and is prohibited.
E. During the portion of each year extending from May 15 to September
15 and as protection against mosquitoes, flies and other insects,
every door opening directly from a dwelling unit to outdoor space
and used for ventilation shall be supplied with screens and a self-closing
device, and every window or other device capable of being opened to
outdoor space and used for ventilation shall likewise be supplied
with screens. Every basement or cellar window used for ventilation,
and every opening which might provide an entry for rodents, shall
be supplied with screens or such other device as will effectively
prevent their entrance.
No person shall occupy or shall let to another for occupancy
any dwelling, rooming house, dwelling unit or rooming unit which does
not comply with the following minimum standards for space and occupancy:
A. Habitable floor area. Every dwelling unit shall contain at least
150 square feet of habitable floor area for the first occupant and
at least 100 square feet for each additional occupant. Exception for
children under one year of age: For the purposes of this section,
a person under one year of age shall not be counted as an occupant.
B. Sleeping rooms. In every dwelling unit and in every rooming unit,
every room occupied for sleeping purposes by one occupant shall contain
at least 80 square feet of floor area, and every room occupied for
sleeping purposes by more than one occupant shall contain at least
40 square feet of floor area for each occupant.
C. Arrangement of sleeping room; bathroom. No dwelling or dwelling unit
containing two or more sleeping rooms shall have such arrangements
that access to a bathroom or water closet compartment intended for
use by occupants of more than one sleeping room can be had only by
going through another sleeping room, nor shall room arrangements be
such that access to a sleeping room can be had only by going through
another sleeping room or bathroom or water closet compartment.
D. Calculation of floor area. Floor area shall be calculated on the
basis of habitable room area. However, closet area and hall area within
the dwelling unit, where provided, may count for not more than 10%
of the required habitable floor area. At least 75% of the floor area
of a room shall have a ceiling height of at least seven feet, and
the floor area of any part of any room where the ceiling height is
less than five feet shall not be considered as a part of the floor
area in computing the total area of the room.
E. Basements and cellars. No basement or cellar shall be used for living
purposes unless:
(1) The floors and walls are substantially watertight.
(2) The total window area, total openable area and ceiling height are
in accordance with this chapter.
(3) The required minimum window area of every habitable room is entirely
above the grade of the ground adjoining such window area, not including
stairwells or accessways.
No person shall occupy as owner-occupant or shall let to another
for occupancy any dwelling, rooming house, dwelling unit or rooming
unit which does not comply with the following minimum standards for
safe and sanitary maintenance:
A. Foundations, exterior walls and roofs. Every foundation, exterior
wall and exterior roof shall be substantially weathertight, watertight
and rodent-proof, shall be kept in sound condition and good repair
and shall be safe to use and capable of supporting the load which
normal use may cause to be placed thereon.
B. Floors, interior walls and ceilings. Every floor, interior wall and
ceiling shall be substantially rodent-proof, shall be kept in sound
condition and good repair and shall be safe to use and capable of
supporting the load as specified by the Building Code.
C. Windows and exterior doors. Every window, exterior door and basement
or cellar door and hatchway shall be substantially weathertight, watertight
and rodent-proof and shall be kept in working condition and good repair.
D. Stairways and porches. Every inside and outside stair and porch,
and any appurtenance thereto, shall be safe to use and capable of
supporting the load of 80 pounds per square foot and shall be kept
in sound condition and good repair.
E. Plumbing fixtures. Every plumbing fixture shall be properly installed
and maintained in sound mechanical condition, free from defects, leaks
and obstructions, and in accordance with the Plumbing Code.
F. Bathroom floor surfaces. Every water closet compartment floor surface
and bathroom floor surface shall be constructed and maintained so
as to be substantially impervious to water and so as to permit such
floor to be easily kept in a clean and sanitary condition.
G. Maintenance of required equipment and utilities. Every supplied facility,
piece of equipment or utility which is required under this chapter
and every chimney and smoke pipe shall be so constructed and installed
that it will function safely and effectively and shall be maintained
in sound working condition.
Any dwelling which has any or all of the following defects of
structural elements shall be deemed unfit for human habitation:
A. Structural walls and vertical members. Any dwelling whose structural
walls or other vertical structural members list, lean or buckle to
such an extent that a plumb line passing through the center of gravity
falls outside of the middle third of its base shall be deemed unfit
for human habitation.
B. Supporting members and nonsupporting walls. Any dwelling which, exclusive
of the foundation, shows 33% or more of damage or deterioration of
the supporting member or members, or 50% of damage or deterioration
of the nonsupporting enclosing or outside walls or covering, shall
be deemed unfit for human habitation.
C. Floor and roof loads. Any dwelling which has improperly distributed
loads upon the floors or roofs or in which the same are overloaded
or which have insufficient strength to be reasonably safe for the
purpose used shall be deemed unfit for human habitation.
D. Damage by fire, wind or other causes. Any dwelling which has been
damaged by fire, wind or other causes so as to have become dangerous
to life, safety or the general health and welfare of the occupants
or the people of the Town of Salem shall be deemed unfit for human
habitation.
Any dwelling which has any or all of the following general substandard
conditions shall be deemed unfit for human habitation:
A. Dilapidated, decayed, unsafe or unsanitary. Any dwelling which has
become or is so dilapidated, decayed, unsafe, or unsanitary or which
utterly fails to provide the amenities essential to decent living
or which is likely to cause sickness or disease so as to work injury
to the health, morals, safety or general welfare of those living therein
shall be deemed unfit for human habitation.
B. Inadequate light, air and sanitation. Any dwelling having light,
air and sanitation facilities which are inadequate to protect the
health, safety or general welfare of human beings who live or may
live therein shall be deemed unfit for human habitation.
C. Inadequate egress. Any dwelling having inadequate facilities for
egress in case of fire or panic or those having insufficient stairways,
elevators, fire escapes or other means of communication shall be deemed
unfit for human habitation.
D. Insecure parts. Any dwelling which has parts thereof which are so
attached that they may fall and injure members of the public or property
shall be deemed unfit for human habitation.
E. Unsafe, insanitary or dangerous to public. Any dwelling which, because
of its condition, is unsafe, insanitary or dangerous to the health,
safety or general welfare of the people of this Town shall be deemed
unfit for human habitation.
F. Violation of ordinances. Any dwelling existing in violation of any
provision of the Building Code of this Town or other ordinances of
this Town shall be deemed unfit for human habitation.
No owner, operator or occupant shall furnish or use any cooking
equipment which does not comply with the following minimum standards:
A. Construction, installation and maintenance. Every piece of cooking
equipment shall be so constructed and installed that it will function
safety and effectively and shall be maintained in sound working condition.
B. Prohibited equipment. Portable cooking equipment employing flame
and using gasoline or kerosene as fuel is prohibited.
The following standards shall be followed in substance by the
agency in ordering repair, vacating, closure, demolition or removal:
A. Repair. If a dwelling deemed unfit for human habitation can reasonably
be repaired so that it will no longer exist in violation of the terms
of this chapter, it shall be ordered repaired.
B. Vacating and closing. If a dwelling deemed unfit for human habitation
is in such condition as to make it dangerous to the health, safety
or general welfare of its occupants, it shall be ordered to be vacated
and closed.
C. Demolition or removal. In any case where a dwelling deemed unfit
for human habitation is 50% damaged or decayed or deteriorated from
its original value or structure, it shall be demolished or removed,
and in all cases where a dwelling cannot be repaired so that it will
no longer exist in violation of the terms of this chapter, it shall
be demolished or removed. In all cases where a dwelling unfit for
human habitation is a fire hazard existing or erected in violation
of the terms of any ordinance of the Town or statute of the State
of New Hampshire, it shall be demolished or removed. For the purposes
of this chapter, removal of a dwelling unfit for human habitation
shall mean removal from the Town of Salem.
All dwellings deemed unfit for human habitation within the terms §§
288-7 and
288-8 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated and closed or demolished or removed as hereinbefore and hereinafter provided.