[Adopted 2-25-2015 by Ord. No. 317 as Ch. 6, Art. IV, of the 2015 Pittsfield
Charter Township Code]
The International Property Maintenance Code, 2012 Edition, as
published by the International Code Council, is hereby adopted by
reference as the Property Maintenance Code of Pittsfield Charter Township.
Sections and subsections of the International Property Maintenance
Code are changed as follows:
A.
101.1 Title. These regulations shall be known as the
"Property Maintenance Code of Pittsfield Charter Township," hereinafter
referred to as "this code."
B.
102.3 Application of other codes. Notwithstanding any
reference in this code to other codes, no other codes are adopted
by reference. Where a reference is made to a standard in another code,
a regulation adopted in the manner provided in this code shall be
used.
C.
103.5 Fees. The fees for activities and services performed
by the Department in carrying out its responsibilities under this
code shall be those adopted by resolution of the Township Board of
Trustees.
D.
104.1 General. The code official shall have authority
as necessary, in the interest of public health, safety and general
welfare, to adopt and promulgate rules and procedures; to interpret
and implement the provisions of this code; to secure the intent thereof;
and to designate requirements applicable because of local climatic
or other conditions. Such rules shall not have the effect of waiving
structural or fire performance requirements specifically provided
for in this code, or of violating accepted engineering methods involving
public safety. All rules shall take effect when approved by resolution
of the Township Board of Trustees. The rules shall be published on
the Township's website.
E.
105.1 Modifications. Whenever there are practical difficulties
involved in carrying out the provisions of this code, the Construction
Board of Appeals appointed and acting in accordance with the State
Construction Code Act, MCL 125.1501 et seq., shall have the authority
to grant variances for individual cases, provided the Construction
Board of Appeals shall first find that special individual reason makes
the strict letter of this code impractical and 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 code official may make written interpretations of this code. The
details of action granting modifications and making interpretations
shall be recorded and entered in the Department files.
F.
Section 106 [deleted]
G.
Section 107 [deleted]
H.
Section 110 [deleted]
I.
Section 111 [deleted]
J.
302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight inches. All 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. This section shall be enforced according to the procedures in Chapter 38, Vegetation, of the Code of Pittsfield Charter Township.
K.
304.14 Insect screens. During the period from April
1 to November 1, 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 not less
than 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, or for owner-occupied dwellings.
L.
304.17 Guards for basement windows. In dwellings where
rodent problems have been identified, every basement window that is
openable shall be supplied with rodent shields, storm windows or other
approved protection against the entry of rodents.
M.
304.18.2 Windows. All operable windows that provide
access to a dwelling unit, rooming unit or housekeeping unit that
is rented, leased or let, or to any common area associated with such
a unit, shall be equipped with a window sash locking device.
N.
In Section 304.18, the following subsections are added:
(1)
304.18.4 Peephole. Every dwelling or rooming unit entrance
door which does not contain a window or side light shall be equipped
with a wide angle peephole viewer installed between 43 and 60 inches
from the floor.
(2)
304.18.5 Common access. In multiple dwellings which
are offered for rent or lease and where access to individual dwellings
or rooming units are obtained by means of common hallways and exterior
doors, such exterior doors and any windows shall be equipped as follows:
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1.
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All doors shall be self-closing and self-latching and shall
not be equipped with any type of hold open device.
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2.
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All doors shall be equipped with a lock requiring a key or code
for entry from the exterior. The lock shall operate without any key,
code, tool or other special knowledge or effort from the interior
and be of a type that remains locked from the exterior at all times.
Electric releases are permitted, and if so equipped, the releases
shall be operable at all times. Strike plates shall have protective
guards on the exterior side to prevent the lock from being pried open.
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3.
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If a common hallway has operable windows, the windows shall
be equipped with locks as per Section 309.1.1 and 309.1.2. The windows
shall be equipped with insect screens per section 304.14.
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4.
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Common tenant areas such as laundry rooms, storage areas, etc.,
which are accessed from a common hallway shall have entry doors meeting
the requirements of this section.
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O.
602.3 Heat supply. Every owner and operator of any building
who rents, leases or lets one or more dwelling units or sleeping units
on terms, either expressed or implied, to furnish heat to the occupants
thereof shall supply heat to the dwelling areas at all times necessary
to maintain a temperature of not less than 65° F. (18° C)
in all habitable rooms, bathrooms, and toilet rooms. Structures with
closed loop HVAC systems must provide heat based upon fluctuant weather
conditions, and in any event, such systems must provide heat no later
than October 15.
P.
602.4. Occupiable work spaces. Indoor occupiable work
spaces shall be supplied with heat at all times necessary to maintain
a temperature of not less than 65° F. (18° C.) during the
period the spaces are occupied.
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Exceptions:
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1.
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Processing, storage and operation areas that require cooling
or special temperature conditions.
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2.
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Areas in which persons are primarily engaged in vigorous physical
activities.
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Q.
In Section 603, the text is unchanged but the following Subsection
603.7 is added:
603.7 HVAC certification requirement. All gas-fired
heating equipment shall be serviced and inspected by a licensed mechanical
contractor. The mechanical contractor shall provide certification
of inspection minimally every four years. The certification shall
be on a form approved by the Building Official. Inspectors may require
cleaning and service more frequently based on observations made during
the inspections.
R.
A new Section 705 is added as follows:
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SECTION 705
FIRE EXTINGUISHERS
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705.1 Where required. Portable fire extinguishers
shall be installed as follows:
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1.
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2.
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All common tenant areas in the structure in which said units are located containing laundry equipment for tenant use shall be equipped with a fire extinguisher with a minimum rating of 3-A:40-B and meeting the requirements of Chapter 10, Fire Prevention and Protection, Article I, Fire Prevention Code, of the Code of Pittsfield Charter Township.
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3.
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705.2 Location. All extinguishers shall be permanently
mounted in conspicuous locations where they will be readily accessible
and immediately available for use.
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No person shall occupy, rent or otherwise make available for
occupancy any structure designed for human occupation unless the structure
is registered with the Building Services Department. No structure
shall be left vacant for more than 30 days without being registered.
A.
Registration shall be on a form provided by the Building Services
Department. Required information shall include the name, address and
telephone number or the owner and any managing agent. For each individual
owner and agent a driver's license number or a State of Michigan
Identification number must be provided. The form must be signed by
all owners and any agents.
B.
All changes in the required information must be provided to the Building
Services Department in writing within 30 days of the change.
C.
If the owner's address is more than 60 miles from the Township,
the registration form must designate an agent who may be served with
process and may be named as a defendant in an action to enforce compliance
with this article.
D.
If the owner is a corporation, the names, addresses and telephone
numbers of its officers shall be listed. If such corporation has no
substantial assets other than the dwelling in question and is controlled
in whole or in part by another corporation or corporations, then the
name and address of those corporations and the names, addresses and
telephone numbers of those officers shall be listed.
E.
Owner-occupied residential dwellings are exempt from registration
if the only other occupants of the dwelling are members of the owner's
family (as defined in the Township Zoning Ordinance).
F.
The registration requirement for structures other than rental multifamily
dwellings shall take effect September 1, 2007.
No person shall occupy, rent or otherwise make available for
occupancy any structure designed for human occupation unless a certificate
of compliance has been issued for the structure and each individual
unit within it.
A certificate of compliance shall be issued for a structure
or unit only after:
A.
An inspection of the premises by the Building Services Official verifies
that no violations exist and the premises is in good repair, structurally
sound and in a sanitary condition;
B.
All fees have been paid and all current registration information
has been provided by the owner/agent of the property.
Certificates of compliance for residential structures shall
expire two years after the date that they are issued. If the owner
of a residential structure applies for an inspection before the certificate
of compliance expires, the Building Services Official shall issue
a temporary certificate of compliance with an expiration date based
on the time needed to arrange an inspection. Certificates of compliance
for nonresidential structures shall terminate upon a change of occupancy
or use and shall be reissued after an inspection indicates compliance
with this article. The Building Services Official may revoke a certificate
of compliance if an inspection reveals violations of this article.
The Building Services Official is authorized to issue a temporary
certificate of compliance for any portion of any structure that can
be occupied safely, provided that all fees have been paid and current
registration information has been provided. The temporary certificate
shall state on its face any remaining violations, and the Building
Services Official shall set a time period during which the temporary
certificate of compliance is valid. Failure by the owner or the owner's
agent to correct the violations within the time specified by the Building
Services Official shall constitute a violation of this Code, and the
structure and/or unit may be ordered vacated.
A.
Residential structures may be inspected every two years.
B.
Vacant structures may be inspected every 90 days in order to verify
that the structure is maintained in compliance with this article.
C.
Structures may be inspected any time there is a complaint or other
indication of a violation of this article.
A.
When an inspection is requested, the Building Services Director shall
send the owner or agent a notice of the date for the inspection and
the fee that must be paid before the inspection.
B.
If an owner fails to request an inspection before the expiration
of a certificate of compliance, the Building Services Official shall
send the owner or agent a notice of the date for an inspection and
the fee that must be paid before the inspection.
C.
An inspection may be rescheduled for just cause. Once a date for
inspection is scheduled, the owner or agent shall:
(1)
Notify each tenant of the date when the inspection is scheduled to
occur. This notice shall be delivered posted at least 48 hours prior
to the time of the scheduled inspection.
(2)
Notify each tenant or occupant that the owner or agent is required
to accompany the inspector during the performance of all inspections,
and in the event that the tenant or occupant is not present, the owner/agent
must provide access to the inspector by unlocking the dwelling unit's
door, verifying that no occupant is present and securing the unit
after the inspection is completed.
The Building Services Official shall transfer a certificate of compliance to a new owner when the new owner supplies the registration information required by § 6-21.
A.
The owner of the property shall be responsible for payment of the
fees which are set by resolution by the Pittsfield Charter Township
Board of Trustees and on file at office of the Clerk.
B.
Applicable fees. The following inspections are applicable with fees
per aforementioned schedule:
(1)
Registration. Property owner and/or agent recorded. Failure to register
prior to occupancy or failure to register a vacated structure within
30 days will result in failure to register fee.
(2)
Certification inspection. The fee for the inspection of each dwelling
unit that has not previously received a certificate of compliance
or for which the certificate renewal is required.
(3)
Reinspection. Inspections required for purpose of determining that
cited violations have been corrected.
(4)
Broken appointments. "Broken appointments" shall be defined as situations
where the owner or agent fails to honor an appointment scheduled by
the Department. In the event the owner/agent fails to show for the
scheduled inspection, and/or the owner/agent fails to adequately arrange
access to necessary areas of the building or structure for inspection,
the inspection shall be deemed a broken appointment and shall be subject
to additional fees.
(5)
Renewal inspections. Inspections for the purpose of renewing a certificate
of compliance if the unit complies with the code and the certificate
is renewed after one inspection.
(6)
Township scheduled inspections. Fees assessed for inspections scheduled
by enforcing agency for expired certificate of compliance and/or failure
to register.
(7)
Expired certificate of compliance. Expired certificate of compliance
fee assessed plus the cost of enforcing agency scheduled inspection
fees.
(8)
Tenant complaints. The Department shall make an initial inspection
after receiving a written complaint and the required fee from the
tenant. If a violation is found and reinspection is required, the
property owner shall be billed for all required reinspections and
associated fees.
(9)
Search warrants. An additional charge shall be assessed over and
above any inspection charges for each unit and/or structure for which
a search warrant is issued by the court because the owner or agent
has failed to respond to the Department's requests to gain admission
to the unit.
(10)
Vacant building. Inspection in accordance with § 6-26. The fees may be reduced at the discretion of the Building Services Official based on the required intensity of the inspection. Vacant structures without safeguards will be considered a "dangerous building."
(11)
Dangerous building. A structure requiring special attention, open
to public, structurally unstable, or a structure creating dangerous
situation which may necessitate emergency safeguards.
(12)
Appeals. Appeals shall be available through the Pittsfield Charter
Township Building Board of Appeals and fees set forth by the Board.
A.
All required fees shall be paid before commencement of scheduled
inspections.
B.
When other fees are imposed pursuant to § 6-29, a statement of the fees shall be mailed to the owner. If the fees are not paid within 60 days, a certificate of nonpayment shall be filed with the Township Treasurer. Upon the filing of the certificate the unpaid fees shall become a lien on the property and may be added to the tax rolls in the manner provided by law.
Owner-occupied residential dwellings are exempt from the registration requirements of § 6-21, the certificate of compliance requirement of § 6-22 and the periodic inspection requirements of § 6-26 if the only other occupants of the dwelling are members of the owner's family (as defined in the Township Zoning Ordinance).
The registration requirement for structures other than rental
multifamily dwellings shall take effect September 1, 2007.
No person shall keep or maintain a dangerous building as defined
by MCL 125.539. If the Building Services Official determines that
a building is dangerous, he shall initiate proceeding for the repair
or demolition of the building in accordance MCL 125.540 through MCL
125.542. By resolution, the Township Board of Trustees may appoint
a Board of Appeals as provided in MCL 125.541c.
Any person aggrieved by a decision of the Building Services
Official regarding the enforcement of this article, or any order or
notice issued pursuant to this article, may appeal that decision to
the Construction Board of Appeals if a notice of appeal is filed with
the Township Clerk within 20 days of the decision, order or notice.
The Construction Board of Appeals shall hear appeals in accordance
with the procedure specified by the State Construction Code Act, MCL
125.1501 et seq. An appeal of the decision of the Construction Board
of Appeals may be made to the Washtenaw Circuit Court in the manner
provided by law.
