(a)
The
provisions embraced in the following sections shall constitute and
be known as the structural standards code of the city. The code establishes
minimum standards for occupancy, and does not replace or modify standards
otherwise established for construction, replacement, or repair of
buildings. Every building, structure or dwelling, permanent, movable
or mobile, shall conform to the requirements of this code regardless
of the primary use of such building, structure or dwelling and regardless
of when such building, structure or dwelling may have been constructed,
altered or repaired.
(b)
This
code is hereby declared to be remedial, and shall be construed to
secure the beneficial interests and purposes thereof (which are public
safety, health and general welfare) through structural strength, stability,
sanitation, adequate light and ventilation, and safety to life and
property from fire and other hazards incident to the construction,
alteration, repair, removal, demolition, use and occupancy of buildings,
dwellings and structures (permanent, movable and mobile). The code
does not alter the provisions for the immediate security or demolition
of hazardous structures in cases where there exists imminent danger
to human life or health.
(1984 Code, sec. 6.60)
(a)
For
the purpose of this code, certain abbreviations, terms, phrases, words,
and their derivatives shall be construed as set forth in this section.
Words used in the present tense include the future. Words in the masculine
gender include the feminine and neuter. Words in the feminine and
neuter include the masculine. The singular number includes the plural
and the plural number includes the singular.
(b)
Whenever
the words “dwelling,” “dwelling units,” “rooming
house,” “rooming units,” or “premises”
are used in this article, they shall be construed as though they were
followed by the words “or any part thereof.”
(c)
Alter or alteration
Applicable governing body
Approved
Basement
Building
Building official
Cellar
Dwelling
Dwelling unit
Extermination
Family
Floor area
Garbage
Habitable room
Infestation
Multiple dwelling
Openable area
Operator
Owner
(1)
(2)
Person
Plumbing
Premises
Public area,
Repair
Required
Residential occupancy
Rooming house
Rooming unit
Rubbish
Stairway
Story
Structure
Supplied
Temporary housing
Ventilation
Yard
The
following definitions shall apply in the interpretation and enforcement
of this article:
means any change or modification in construction or occupancy.
means the city council, to administer and enforce the provisions
of this code, as adopted or amended.
means approved by the building official.
means a portion of a building located partly underground
but having less than one-half (1/2) or more of its clear floor-to-ceiling
height below the average grade of the adjoining ground.
means any structure built for the support, shelter, or enclosure
of persons, animals, chattels, or property of any kind. The term “building”
shall be construed as if followed by the words “or part thereof.”
means the officer or other person charged with the administration
and enforcement of this article, or his duly authorized representative.
means a portion of a building located partly or wholly underground,
having one-half (1/2) or more of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
means any building which is wholly or partly used or intended
to be used for living or sleeping by human occupants whether or not
such building is occupied or vacant; provided that temporary housing
as herein defined shall not be regarded as a dwelling, nor shall trailers
be included as a dwelling.
means any 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, whether
or not such unit is occupied or vacant.
means the control and extermination of insects, rodents,
or other pests by eliminating their harborage places, by removing
or making inaccessible materials that may serve as their food, by
poisoning, spraying, fumigating, or trapping, or by any other recognized
and legal pest elimination methods.
means one or more persons living together, whether related
by blood, marriage, or adoption, and having common housekeeping facilities.
means the total area of all habitable space in a building
or structure.
means the animal and vegetable waste resulting from the handling,
preparation, cooking, and consumption of food.
means a room or enclosed floor space used or intended to
be used for living, sleeping, cooking, or eating purposes, excluding
bathrooms, water closet compartments, laundries, pantries, foyers,
or communicating corridors, closets and storage spaces.
means the presence, within or around a dwelling, of any insects,
rodents or other pests.
means any building, or portion thereof, which is designed,
built, rented, leased, let or hired out to be occupied, or which is
occupied, as the home or residence of more than two (2) families living
independently of each other and doing their own cooking in the said
building, and shall include flats and apartments.
means that part of a window or door which is available for
unobstructed ventilation and which opens directly to the outdoors.
means any person who has charge, care or control of a building,
or part thereof, in which dwelling units or rooming units are let.
means the holder of the title in fee simple and any person,
groups of persons, company, association or corporation in whose name
tax bills on the property are submitted. It shall also mean any person
who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling unit, with
or without accompanying any actual possession thereof; or
Shall have charge, care or control of any dwelling or dwelling
unit, as owner, executor, executrix, administrator, trustee, or guardian
of the estate of the owner, mortgagee or vendee in possession, assignee
of rents, lessee, or other person, firm, or corporation in control
of a building, or their duly authorized agents. Any such person thus
representing the actual owner shall be bound to comply with the provisions
of this article, and of rules and regulations adopted pursuant thereto,
to the same extent as if these regulations were pertaining to the
actual property owner.
means and includes any individual, firm, corporation or partnership.
means the practice, materials and fixtures used in the installation,
maintenance, extension, and alteration of all piping, fixtures, appliances,
and appurtenances in connection with any of the following: sanitary
drainage or storm drainage facilities, the venting system and the
public or private water supply systems, within or adjacent to any
building, structure, or conveyance; also the practice and materials
used in the installation, maintenance, extension, or alteration of
stormwater, liquid waste, or sewerage and water supply systems of
any premises to their connection with any point of public disposal
or other acceptable terminal.
means a lot, plot or parcel of land including the buildings
or structures thereon. In the case of multi-dwelling units, each dwelling
unit as defined in this article shall be considered a separate premises.
as used in this code, means an unoccupied open space adjoining
a building and on the same property, that is permanently maintained
accessible to the fire department and free of all encumbrances that
might interfere with its use by the fire department.
means the replacement of existing work with the same kind
of material used in the existing work, not including additional work
that would change the structural safety of the building, or that would
affect or change required exit facilities, a vital element of an elevator,
plumbing, gas piping, wiring or heating installations, or that would
be in violation of a provision of law or ordinance. The term “repair”
or “repairs” shall not apply to any change of construction.
means required by some provisions of this code.
means buildings in which families or households live or in
which sleeping accommodations are provided, and all dormitories shall
be classified as “residential occupancy.” Such buildings
include, among others, the following: dwellings, multiple dwellings,
and lodging houses.
means any dwelling or part of any dwelling containing one
or more rooming units, in which space is let by the owner or operator
to three or more persons who are not husband or wife, son or daughter,
mother or father, or sister or brother of the owner or operator.
means 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.
means combustible and noncombustible waste materials, except
garbage, and the term shall include the residue from the burning of
wood, coal, coke, and other combustible material, paper, rags, cartons,
boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings,
tin cans, metal, mineral matter, glass, crockery and dust.
means one or more flights of stairs and the necessary landings
and platforms connecting them to form a continuous and uninterrupted
passage from one story to another in a building or structure.
means 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.
means 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. The term structure
shall be construed as if followed by the words “or part thereof.”
means paid for, furnished, or provided by, or under control
of, the owner or operator.
means any tent, trailer, or other structure used for human
shelter which is designed to be transportable and which is not attached
to the ground, to another structure, or to any utilities system on
the same premises for more than thirty (30) consecutive days.
means the process of supplying and removing air by natural
or mechanical means to or from any space.
means an open unoccupied space on the same lot with a building
extending along the entire length of a street, or rear or interior
lot line.
(1984 Code, sec. 6.61)
The provisions of this code shall apply to any building, dwelling
or structure regardless of when said building, dwelling or structure
was constructed, altered or repaired.
(1984 Code, sec. 6.62)
All buildings or structures, both existing and new, and all
parts thereof, shall be maintained in a safe and sanitary condition.
All devices or safeguards which are required by this code in a building
when erected, altered, or repaired shall be maintained in good working
order. The owner, or his designated agent, shall be responsible for
the maintenance of buildings, structures and premises to the extent
set out in this code. The tenant shall be responsible for the maintenance
of buildings, structures and premises, to the extent set out in this
code.
(1984 Code, sec. 6.63)
No structure or building shall be moved from one lot to another
or erected within the city limits until a permit shall have been issued
and no permit shall be issued for the removal if the structure is
not in conformity with this article. Any structure hereafter erected
or moved without a permit and not in conformity with this article
shall be removed at the owner’s expense.
(1984 Code, sec. 6.64)
Nothing in this article or in the code hereby adopted shall
be construed to affect any suit or proceeding now pending in any court,
or any rights acquired or liability incurred, or any cause or causes
or action accrued or existing, under any act or ordinance repealed
hereby. Nor shall any right or remedy or any character be lost, impaired
or affected by this article.
(1984 Code, sec. 6.65)
No person shall occupy as owner-occupant or let or sublet to
another for occupancy any dwelling or dwelling unit designed or intended
to be used for the purpose of living, sleeping, cooking or eating
therein, nor shall any vacant dwelling building be permitted to exist,
which does not comply with the following requirements:
(1)
Sanitary facilities required.
Every dwelling unit shall
contain not less than a kitchen sink, lavatory, tub or shower, and
a water closet, all in good working condition and properly connected
to an approved water and sewer system. Every plumbing fixture and
water and waste pipe shall be properly installed and maintained in
good sanitary working condition, free from defects, leaks and obstructions.
(2)
Location of sanitary facilities.
All required plumbing
fixtures shall be located within the dwelling unit and be accessible
to the occupants of same. The water closet, and the tub or shower,
shall be located in a room affording privacy to the use.
(3)
Hot and cold water supply.
Every dwelling unit shall
have connected to the kitchen sink lavatory, and tub or shower, an
adequate supply of both cold water and hot water. All water shall
be supplied through an approved pipe distribution system connected
to a potable water supply.
(4)
Water heating facilities.
Every dwelling shall have
water heating facilities which are properly installed and maintained
in a safe and good working condition and 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, bathtub or
shower at a temperature of not less than 120°F. Such water heating
facilities shall be capable of meeting the requirements of this subsection
when the dwelling or dwelling unit heating facilities required under
the provisions of this article are not in operation.
(5)
Heating facilities.
(A)
Every dwelling unit shall have heating facilities which are properly
installed, are maintained in safe and good working condition, and
are capable of safely and adequately heating all habitable rooms and
bathrooms in every dwelling unit located therein to a temperature
of at least 70°F at a distance three (3) feet above floor level,
under ordinary minimum winter conditions.
(B)
Where a gas or electrical central heating system is not provided,
each dwelling unit shall be provided with sufficient fireplaces, chimneys,
flues, or gas vents whereby heating appliances may be connected so
as to furnish a minimum temperature of 70°F measured at a point
three (3) feet above the floor during ordinary minimum winter conditions.
(6)
Cooking and heating equipment.
All cooking and heating
equipment and facilities shall be installed in accordance with the
city’s building, gas or electrical code and shall be maintained
in a safe and good working condition.
(7)
Garbage disposal facilities.
Every dwelling unit shall
have access to adequate garbage disposal facilities or garbage storage
containers, the type and location of which facilities or containers
comply with the regulations for solid waste disposal.
(1984 Code, sec. 6.66)
No person shall occupy as owner-occupant, or sublet to another
for occupancy, any dwelling or dwelling unit designed or intended
to be used for the purpose of living, sleeping, cooking or eating
therein, nor shall any vacant dwelling building be permitted to exist,
which does not comply with the following requirements:
(1)
Window area.
Every habitable room shall have at least
one (1) window or skylight facing directly to the outdoors. The minimum
total window area, measured between stops, for every habitable room
shall be seven (7) percent of the floor area of any such room, except
sleeping rooms, where the minimum total window area shall be the lesser
of seven (7) percent of the floor area or twelve (12) square feet.
If light-obstructing structures are located less than five (5) 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. Whenever the only window in a room is a
skylight-type window in the top of such room, the total window area
of such skylight shall equal at least fifteen (15) percent of the
total floor area of such room.
(2)
Use of mechanically ventilating air system.
Year-round
mechanically ventilating conditioned air systems may be substituted
for windows, as required herein, in rooms other than rooms used for
sleeping purposes.
(3)
Openable window area.
Every habitable room shall have
at least one (1) window or skylight which can easily be opened, or
such other device as will adequately ventilate the room. The total
of openable window area in every habitable room shall equal to at
least forty-five (45) percent of the minimum window area size or minimum
skylight-type window size, as required, or shall have other approved
equivalent ventilation.
(4)
Bathrooms.
Every bathroom shall comply with the light
and ventilation requirements for habitable rooms except that no window
or skylight shall be required in adequately ventilated bathrooms equipped
with an approved ventilation system.
(5)
Electric lights and outlets required.
Every dwelling
shall be wired for electric lights and convenience receptacles. Ever
habitable room of such dwelling shall contain at least two (2) separate
floor or wall-type electric convenience outlets; and every kitchen,
bathroom, laundry room, furnace room, corridors or hallways, and porches
shall contain at least one supplied ceiling or wall-type electric
light fixture. Every such outlet and fixture shall be properly installed
in accordance with the city’s codes, shall be maintained in
good and safe working condition, and shall be connected to the source
of electric power in a safe manner.
(6)
Light in public halls and stairways.
Every public hall
and stairway in every multiple dwelling containing five (5) or more
dwelling units shall be adequately lighted at all times. Every public
hall and stairway in structures devoted solely to dwelling occupancy
and containing not more than four (4) dwelling units may be supplied
with conveniently located light switches, controlling an adequate
lighting system which may be turned on when needed, instead of full-time
lighting. All public outdoor walkways or sidewalks within multiple
complexes shall be adequately lighted at all times. Adequate lighting
shall be defined as an average horizontal footcandle level of 0.2
lumens per square feet with no value of less than 0.02 lumens per
square foot.
(1984 Code, sec. 6.67)
No person shall occupy as owner-occupant, or let or sublet to
another for occupancy, any building, dwelling or structure, nor shall
any vacant building, dwelling or structure be permitted to exist,
which does not comply with the following requirements:
(1)
General requirements.
All fixtures, receptacles, equipment
and wiring shall be maintained in a state of good repair, safe, capable
of being used and installed and connected to the source of electric
power.
(2)
Obsolete or hazardous installations.
Where the determination
is made, upon examination of the existing electrical service supply,
that such electrical service supply is obsolete or is being used in
such manner as would constitute a hazard to the occupants or would
otherwise constitute a hazard to life and property, the following
shall be used for determining the adequacy of such service supply
and main disconnect switch:
|
Total Number of Lighting Electric Outlets Only
|
Capacity of Main Service Supply and Main Disconnect Switch
|
|---|---|
|
0 - 24
|
60 amp service
|
|
25 - 50
|
100 amp service
|
(3)
Minimum capacity of service supply.
The minimum capacity
of the service supply and the main disconnect switch shall be sufficient
to adequately carry the total load required.
(1984 Code, sec. 6.68)
No person shall occupy as owner-occupant, or let or sublet to
another for occupancy, any building, dwelling or structure, nor shall
any vacant building, dwelling or structure be permitted to exist,
which does not comply with the following requirements:
(1)
Foundation.
The building foundation walls, piers, or
other structural elements shall be maintained in a safe manner and
be capable of supporting the load which normal use may cause to be
placed thereon.
(2)
Exterior walls.
The exterior walls shall be substantially
weathertight, watertight, and shall be made impervious to the adverse
effects of weather and be maintained in sound condition and good repair.
(3)
Roofs.
Roofs shall be maintained in a safe manner and
have no defects which might admit rain or cause damage in the walls
or interior portion of the building.
(4)
Means of egress.
Every dwelling unit shall have safe,
unobstructed means of egress with a minimum ceiling height of seven
(7) feet leading to a safe and open space at ground level.
(5)
Stairs, porches, and appurtenances.
Every inside and
outside stair, porch and any appurtenance thereto shall be safe to
use and capable of supporting the load that normal use may cause to
be placed thereon, and shall be kept in sound condition and good repair.
(6)
Protective railings.
Protective railings shall be required
on any unenclosed structure over five (5) feet from the ground level
or on any steps containing four (4) risers or more.
(7)
Windows and doors.
Every window, exterior door and basement
or cellar door and hatchway shall be substantially weathertight and
rodentproof, and shall be kept in sound working condition and good
repair.
(8)
Window panes.
Window panes or an approved substitute
shall be maintained without cracks or holes.
(9)
Window sashes.
Window sashes shall be properly fitted
and weathertight within the window frame.
(10)
Windows to be openable.
Every window required for light
and ventilation for habitable rooms in dwellings or dwelling units
shall be capable of being easily opened and secured in position by
window hardware.
(11)
Doors.
Every exterior door shall be provided with proper
hardware and maintained in good condition.
(12)
Door frames.
Every exterior door of a dwelling or dwelling
unit shall fit reasonably well within its frame so as to substantially
exclude rain and wind from entering the dwelling building.
(13)
Screens.
Every door opening directly from a dwelling
unit to outdoor space shall have screens and a self-closing device,
and every window or other device with opening from a dwelling unit
to outdoor space, used or intended to be used for ventilation, shall
likewise have screens. Dwelling buildings containing central heating
furnaces and air conditioning equipment for mechanically ventilating
the building year-round are not required to have screens on door openings.
(14)
Protective treatment on exterior wood surfaces.
All
exterior wood surface, other than decay-resistant woods, shall be
protected from the elements and decay by painting or other protective
covering or treatment.
(15)
Accessory structures.
Garages, storage buildings and
other accessory structures shall be maintained and kept in good repair
and sound structural condition.
(16)
Interior floors, walls and ceilings.
Every floor, interior
wall and ceiling shall be substantially rodentproof, 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.
(17)
Structural supports.
Every structural element of the
building, dwelling or structure shall be maintained structurally sound
and show no evidence of deterioration which would render them incapable
of carrying the loads which normal use may cause to be placed thereon.
(18)
Protective railings for interior stairs.
Interior stairs
and stairwells with more than four (4) risers shall have handrails
located in accordance with the requirements of the building code.
Handrails or protective railings shall be capable of bearing normally
imposed loads and be maintained in good condition.
(1984 Code, sec. 6.69)
No person shall occupy as owner-occupant, or let or sublet to
another for occupancy, any dwelling or dwelling unit designed or intended
to be used for the purpose of living, sleeping, cooking or eating
therein, nor shall any vacant dwelling building be permitted to exist,
which does not comply with the following requirements:
(1)
Required space in dwelling unit.
Every dwelling unit
shall contain at least 150 square feet of floor space for the first
occupant thereof and at least 100 additional square feet of floor
space per additional occupant.
(2)
Required space in sleeping rooms.
In every dwelling
unit of two (2) or more rooms, every room occupied for sleeping purposes
by one (1) occupant shall contain at least seventy (70) square feet
of floor space, and every room occupied for sleeping purposes for
more than one (1) occupant shall contain at least fifty (50) square
feet of floor space for each occupant thereof.
(3)
Minimum ceiling height.
At least one-half (1/2) of the
floor area of every habitable room, foyer, hall or corridor shall
have a ceiling height of at least seven (7) feet, and the floor area
of that part of any room where the ceiling height is less than seven
(7) feet shall not be considered as part of the floor area in computing
the total floor area of the room for the purpose of determining the
maximum permissible occupancy thereof.
(4)
Occupancy of dwelling unit below grade.
No basement
or cellar space shall be used as a habitable room or dwelling unit
unless:
(A)
The floor and walls are impervious to leakage of underground and
surface runoff water and are insulated against dampness;
(B)
The total of window area in each room is equal to at least the minimum window area size as required in section 4.05.008 of this article;
(C)
Such required minimum window area is located entirely above the grade
of the ground adjoining such window area; and
(1984 Code, sec. 6.70)
No person shall occupy as owner-occupant, or let or sublet to
another for occupancy, any dwelling or dwelling unit designed or intended
to be used for the purpose of living, sleeping, cooking and eating
therein, nor shall any vacant dwelling building be permitted to exist,
which does not comply with the following requirements:
(1)
Sanitation.
Every owner of a dwelling containing three
or more dwelling units shall be responsible for maintaining in a clean
and sanitary condition the shared or public areas of the dwelling
and premises thereof.
(2)
Cleanliness.
Every occupant of a dwelling unit shall
keep in a clean and sanitary condition that part of the dwelling,
dwelling unit and premises thereof which he occupies and controls
or which is provided for his particular use.
(3)
Garbage disposal.
Every occupant of a dwelling or dwelling
unit shall dispose of all his garbage and any other organic waste
which might provide food for rodents and all rubbish in a clean and
sanitary manner by complying with the applicable city ordinance.
(4)
Extermination.
Every occupant of a single dwelling building
and every owner of a building containing two (2) or more dwelling
units shall be responsible for the extermination of any insects, rodents,
or other pests within the building or premises.
(5)
Use and operation of supplied plumbing fixtures.
Every
occupant of a dwelling unit shall keep all plumbing fixtures there
in a clean and sanitary condition and shall be responsible for the
exercise of reasonable care in the proper use and operation thereof.
(1984 Code, sec. 6.71)
No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this code, except the provisions of sections 4.05.008 and 4.05.012.
(1)
Water closet, lavatory, and bath facilities.
(A)
At least one (1) flush water closet, lavatory basin, and bathtub
or shower, properly connected to a water or sewer system and in good
working condition, shall be supplied for each four (4) rooms within
a rooming house wherever said facilities are shared.
(B)
All such facilities shall be located on the floor they serve within
the dwelling so as to be reasonably accessible from a common hall
or passageway to all persons sharing such facilities.
(2)
Water heater required.
Every lavatory basin and bathtub
or shower shall be supplied with hot water at all times.
(3)
Minimum floor area for sleeping purposes.
Every room
occupied for sleeping purposes by one (1) person shall contain at
least seventy (70) square feet of floor space, and every room occupied
for sleeping purposes by more than one (1) person shall contain at
least fifty (50) square feet of floor space for each occupant thereof.
(4)
Exit requirement.
Every rooming unit shall have safe,
unobstructed means of egress leading to safe and open space at ground
level, as required by the laws of the governed area or of the state.
(5)
Sanitary conditions.
The operator of every rooming house
shall be responsible for the sanitary maintenance of all walls, floors,
and ceilings and for maintenance of a sanitary condition in every
other part of the rooming house, and he shall be further responsible
for the sanitary maintenance of the entire premises owned, leased
or occupied by the operator.
(1984 Code, sec. 6.72)
All structures, dwellings, apartment houses, rooming houses,
buildings or outbuildings which are unsafe, unsanitary, unfit for
human habitation; or which constitute a fire hazard or are otherwise
dangerous to human life; or which in relation to existing use constitute
a hazard to safety or health by reason of inadequate maintenance,
dilapidation, obsolescence, abandonment, or lack of adequate egress,
are generally, in contemplation of this section, unsafe buildings.
All such unsafe buildings are hereby declared illegal and a public
nuisance and shall be abated by repair and rehabilitation or by demolition
in accordance with the provisions of this article and the laws of
the state.
(1984 Code, sec. 6.73)
