This chapter may be known and cited as the Housing Maintenance and Occupancy Code.
(AO No. 2016-76(S), § 6, 7-12-2016)
[1]
Editor's note — Former Ch. 15.10, which pertained to administrative and technical code provisions, was repealed by AO No. 2016-76(S), 7-12-2016.
Prior history: AO No. 77-172A; AO No. 93-167(S-1), 4-13-1994.
A.
Except as otherwise provided in this title, any act or omission required or prohibited by the provisions of the 1986 revision, Housing and Health: APHA-CDC Recommended Minimum Housing Standards, published by the Public Health Service of the United States Department of Health and Human Services, as amended by the assembly, and referred to in this title as the housing maintenance and occupancy code, shall also be required or prohibited by this title, and any person who commits any prohibited act or omits any required act violates this title. Violation of this section may be punishable through imposition of a civil penalty as set forth in section 14.60.030.
(AO No. 2016-76(S), § 6, 7-12-2016)
A.
Legislative finding. It is hereby found that there exist and may in the future exist, within the municipality, real property, premises, dwellings, dwelling units, rooming units, or parts thereof, which by reason of their structure, equipment, sanitation, maintenance, use or occupancy affect or are likely to affect adversely the public health (including the physical, mental and social well-being of persons and families), safety and general welfare. To correct and prevent the existence of such adverse conditions, and to achieve and maintain such levels of residential environmental quality as will protect and promote public health, safety, and general welfare, it is further found that the establishment and enforcement of minimum housing standards are required.
B.
Purposes. It is hereby declared that the purpose of this chapter is to protect, preserve, and promote the physical and mental health and social well-being of the people, to prevent and control the incidence of communicable diseases, to reduce environmental hazards to health, to regulate privately and publicly owned dwellings for the purpose of maintaining adequate sanitation and public health and to protect the safety of the people and to promote the general welfare by legislation which shall be applicable to all dwellings now in existence or hereafter constructed. It is hereby further declared that the purpose of this chapter is to ensure that the quality of housing is adequate for protection of public health, safety and general welfare, including: establishment of minimum standards for basic equipment and facilities for light, ventilation and thermal conditions, for safety from fire and accidents, for the use and location and amount of space for human occupancy, and for an adequate level of maintenance; determination of the responsibilities of owners, operators and occupants of dwellings; and provision for the administration and enforcement thereof.
C.
Scope. Where a provision of this chapter is found to be in conflict with a provision of title 21, title 23, or another provision of this title, the provision, which is the more restrictive, or which establishes a higher standard, shall prevail.
1.
No provision of this code may be applied to require structural alteration of existing buildings and structures if such requirements were not required under the building, electrical, fire, mechanical, plumbing or similar codes in effect at the time such buildings or structures were originally constructed.
2.
The provisions of this code shall not apply to an individual dwelling unit occupied by the owner, provided, however, that the director may apply any provision of this code to existing buildings and structures when such equipment is necessary to protect the public health and safety from a substantial and imminent danger.
(AO No. 2016-76(S), § 6, 7-12-2016)
A.
Meaning of certain words. Whenever the words "dwelling," "dwelling unit," "rooming units," "premises" or "structure" are used in this chapter they shall be construed as though they were followed by the words "or any part thereof." Words used in the singular include the plural, and the plural the singular. The masculine gender includes the feminine and the feminine the masculine. Whenever the term "bunk bed" is used, it shall mean one of a number of berths for sleeping arranged one above another. Words not specifically defined in this chapter shall have the common definition set forth in a standard dictionary.
B. "Accessory building or structure" "Appropriate authority" "Approved" "Ashes" "Attic" "Basement" "Building" or "structure" "Bulk container" "Cellar" "Central heating system" "Chimney" "Dilapidated" "Dormitory" "Dwelling" "Dwelling unit" "Egress" "Extermination" "Fair market value" "Family" "Flush water closet" "Garbage" "Grade" "Guest" "Habitable room" "Health officer" "Heated water" "Heating device" "Hotel" "Household" "Infestation" "Kitchen" "Kitchenette" "Lead-based paint" "Multiple dwelling" "Occupant" "Operator" "Ordinary summer conditions" "Ordinary winter conditions" "Owner"1. 2. "Permissible occupancy" "Person" "Plumbing" "Premises" "Privacy" "Properly connected" "Real property" "Refuse" "Refuse container" "Rental dwelling" "Rodent" "Rodent harborage" "Rodent proofing" "Rooming unit" "Roominghouse" "Rubbish" "Safety" "Space heater" "Supplied" "Temporary housing" "Tenancy" "Tenant" "Toxic substance" "Variance"
The following definitions shall apply in the interpretation and enforcement of this chapter:
shall mean a detached building or structure in a secondary or subordinate capacity from the main or principal building or structure on the same real property or premises.
shall mean the director of the department.
shall mean approved by the local or state authority having such administrative authority.
shall mean the residue from the burning of combustible materials.
shall mean any story situated wholly or partly within the roof, and so designed, arranged or built as to be used for business, storage, or habitation.
shall mean the lowest story of a building, below the main floor and wholly or partially lower than the surface of the ground.
shall mean a fixed construction with walls, foundation and roof, such as a house, factory, garage, etc., built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.
shall mean any metal garbage, rubbish or refuse container having a capacity of two cubic yards or greater and which is equipped with fittings for hydraulic or mechanical emptying, unloading or removal.
shall mean a room or group of rooms totally below the ground level and usually under a building.
shall mean a single system supplying heat to one or more dwelling units or more than one rooming unit.
shall mean a vertical masonry shaft of reinforced concrete, or other approved noncombustible, heat-resisting material, enclosing one or more flues, for the purpose of removing products of combustion from solid, liquid or gaseous fuel.
shall mean no longer adequate for the purpose or use for which it was originally intended.
shall mean a building or a group of rooms in a building used for institutional living and sleeping purposes by four or more persons.
shall mean any enclosed space wholly or partly used or intended to be used for living, sleeping, cooking and eating; provided that temporary housing and hotels as hereinafter defined shall not be classified as a dwelling. Industrialized housing and modular construction which conform to the nationally accepted industry standards and used or intended for use for living, sleeping, cooking, and eating purposes shall be classified as dwellings.
shall mean a room or group of rooms located within a dwelling forming a single habitable unit with facilities used or intended to be used by a single family for living, sleeping, cooking and eating purposes.
shall mean an arrangement of exit facilities to ensure a safe means of exit from buildings.
shall mean the control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials what may serve as their food; by poisoning, spraying, fumigating or trapping; or by any other recognized and legal pest elimination methods approved by the local or state authority having such administrative authority.
shall mean a price at which both buyers and sellers are willing to do business.
shall mean one or more individuals living together and sharing common living, sleeping, cooking and eating facilities. (See also Household.)
shall mean a toilet bowl which is flushed with water which has been supplied under pressure and equipped with a water sealed trap above the floor level.
shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, serving and nonconsumption of food.
shall mean the finished ground level adjacent to a required window.
shall mean an individual who shares a dwelling unit in a nonpermanent status for not more than 30 days.
shall mean 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, furnace rooms, pantries, utility rooms of less than 50 square feet of floor space, foyers or communicating corridors, stairways, closets, storage spaces and workshops.
shall mean the director of the department.
shall mean water heated to a temperature of not less than 120 degrees Fahrenheit at the outlet.
shall mean all furnaces, unit heaters, domestic incinerators, cooking and heating stoves and ranges, and other similar devices.
shall mean a domestic unit consisting of a person or group of people who share living arrangements. Members of a household have common access to, and common use of, all living areas and all facilities within the dwelling unit. A household occupies a single dwelling unit, so that its members live and eat separately from any other persons in the building, and have access to the outside of the building either directly or through a common hall. (See also Family.)
shall mean the presence within or around a dwelling of any insects, rodents or other pests.
shall mean any room used for the storage of foods or preparation of foods and containing the following equipment: sink and/or other device for dishwashing, stove or other device for cooking, refrigerator or other device for cool storage of food, cabinets and/or shelves for storage of equipment and utensils, and counter or table for food preparation.
shall mean a small kitchen or an alcove containing cooking facilities.
shall mean any paint containing more lead than the level established by the U.S. Consumer Product Safety Commission as being the safe level of lead in residential paint and paint products.
shall mean any dwelling containing more than two dwelling units.
shall mean any individual, over one year of age, living, sleeping, cooking or eating in or having possession of a dwelling unit or a rooming unit; except that in dwelling units a guest shall not be considered an occupant.
shall mean any person who has charge, care, control or management of a building, or part thereof, in which dwelling units or rooming units are let.
shall mean a temperature not more than seventy degrees Fahrenheit.
shall mean a temperature not less than zero degrees Fahrenheit.
shall mean any person who, alone or jointly or severally with others:
Has legal title to any real property, premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
Has charge, care or control of any real property, premises, dwelling or dwelling unit, as owner or agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter and of rules and regulations adopted pursuant thereto, the same extent as if he were the owner. The person or entity shown on the records of the district recorder's office shall be presumed to be the person or entity in control of the property.
shall mean the maximum number of individuals permitted to reside in a dwelling unit, rooming unit or dormitory.
shall mean and include any individual, firm, corporation, association, partnership, cooperative or governmental agency.
shall mean and include all of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, showerbaths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures, and the installation thereof, together with all connections to water, sewer or gas lines.
shall mean a dwelling unit and the structure of which it is a part and facilities and appurtenances in it and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant.
shall mean the existence of conditions which will permit an individual to carry out an activity commenced without interruption or interference, either by sight or sound, by unwanted individuals.
shall mean connected in accordance with all applicable codes and ordinances of this municipality as from time to time enforced; provided, however, that the application of this definition shall not require the alteration or replacement of any connection in good working order and not constituting a hazard to life or health.
shall mean a platted lot or part thereof or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or nondwelling structure, and includes any such building, accessory structure or other structure thereon and includes an estate in lands, including fee, lease, or tenancy.
shall mean all putrescible and nonputrescible solids (except body wastes), including garbage, rubbish, ashes and dead animals.
shall mean a watertight container that is constructed of metal, or other durable material impervious to rodents, that is capable of being serviced without creating insanitary conditions, or such other containers as have been approved by the appropriate authority. Openings into the container such as covers and doors shall be tightfitting.
shall mean any dwelling which contains at least one dwelling unit, rooming unit, or hotel unit that is not occupied as a residence by the owner; and shall include any single-family residential structure that is not occupied as a residence by the owner. Individual rooms for rent within a single-family dwelling in which the owner resides are not included in this definition.
means any of an order (Rodentia) of relatively small gnawing mammals (as a mouse, rat, squirrel, or vole) that have in both jaws a single pair of incisors with a chisel-shaped edge, or any animal with common characteristics of a rodent, such as a shrew.
shall mean any conditions or place where rodents can live, nest or seek shelter.
shall mean a form of construction which will prevent the ingress or egress of rodents to or from a given space or building, or from gaining access to food, water or harborage. It consists of the closing and keeping closed of every opening in foundations, basements, cellars, exterior and interior walls, ground or first floors, roofs, sidewalk gratings, sidewalk openings and other places that may be reached and entered by rodents by climbing, burrowing or other methods, by the use of materials impervious to rat gnawing and other methods approved by the appropriate authority.
shall mean 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 purposes.
shall mean any dwelling other than a hotel or motel or that part of any dwelling, containing one or more rooming units, and/or one or more dormitory rooms, and in which persons either individually or as families are housed with or without meals being provided.
shall mean nonputrescible solid wastes (excluding ashes) consisting of either:
shall mean the condition of being reasonably free from danger and hazards which may cause accidents or disease.
shall mean a self-contained heating appliance of either the convection type or the radiant type and intended primarily to heat only a limited space or area such as one room or two adjoining rooms.
shall mean paid for, furnished by, provided by, or under the control of the owner, operator or agent.
shall mean any tent, trailer or mobile home or any 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 utility system on the same premises for more than 30 consecutive days.
shall mean the legal right to occupy or use land or property that belongs to another for a specific period of time.
shall mean a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.
shall mean any chemical product applied on the surface of or incorporated into any structural or decorative material which constitutes a potential hazard to human health at acute or chronic exposure levels.
shall mean a difference between that which is required or specified and that which is permitted.
(AO No. 2016-76(S), § 6, 7-12-2016; AO No. 2017-119(S), § 5, 11-9-2017; AO No. 2025-93(S), § 6, 10-21-2025)
A.
No owner or other person shall occupy or let to another person any dwelling or dwelling unit unless it and the premises are clean, sanitary and fit for human occupancy, and comply with all applicable legal requirements of the State of Alaska and the municipality.
B.
Every owner of a dwelling containing two or more dwelling units shall maintain in a clean and sanitary condition the shared or public area of the dwelling and premises thereof.
C.
Every owner shall provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal.
D.
No owner of a dwelling containing three or more dwelling units shall accumulated or permit the accumulation of rubbish, boxes, lumber, scrap metal or any other materials in such a manner that may provide a rodent harborage in or about the shared or public areas of a dwelling or its premises.
E.
No owner of a dwelling or dwelling unit shall store, place or allow to accumulate any materials which may serve as food for rodents in a site accessible to rodents.
F.
In every dwelling unit and/or rooming unit when the control of the supplied heat is the responsibility of a person other than the occupant, under ordinary winter conditions, a temperature of at least 68 degrees Fahrenheit shall be maintained in all habitable rooms, bathrooms and water closet compartments at a distance of 36 inches above the floor level.
G.
Every owner of a dwelling or dwelling unit shall provide and maintain the dwelling or dwelling unit free from hazards to health due to the presence of toxic substances, e.g., lead-based paint, as determined by the appropriate authority.
H.
No owner shall apply a lead-based paint to any surface in any dwelling, dwelling unit, roominghouse or rooming unit.
I.
Every owner of a dwelling shall be responsible for the extermination of insects and/or rodents on the premises.
1.
Nothing in this subsection shall prevent an owner from recovering from the occupant of a dwelling unit the costs of extermination for any infestation whose cause can be attributed to the occupant or the occupant's failure to report an infestation to the owner.
(AO No. 2016-76(S), § 6, 7-12-2016)
A.
Every occupant of a dwelling or dwelling unit shall maintain in a clean and sanitary condition that part or those parts of the dwelling, dwelling unit and premises thereof that he occupies and controls.
B.
Every occupant of a dwelling or dwelling unit shall store and dispose of all his rubbish in a clean, sanitary and safe manner.
C.
Every occupant of a dwelling or dwelling unit shall store and dispose of all his garbage, refuse and any other organic waste which might provide food for insects or rodents in a clean, sanitary, safe manner.
D.
No occupant of a dwelling or dwelling unit shall accumulate rubbish, boxes, lumber, scrap metal or any other materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit.
E.
No occupant of a dwelling or dwelling unit shall store, place or allow to accumulate any materials which may serve as food for rodents in a site accessible to rodents.
F.
Every occupant of a dwelling unit shall keep all supplied appliances, fixtures, and facilities therein in a clean, sanitary and operable condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
G.
No occupant shall apply a lead-based paint to any surface in any dwelling, dwelling unit, roominghouse or rooming unit.
(AO No. 2016-76(S), § 6, 7-12-2016)
A.
All garbage cans and refuse containers shall be rodentproof, insect proof, watertight, structurally strong to withstand handling stress, and easily filled, emptied and cleaned; shall be provided with tightfitting covers or similar closures; and shall be maintained at all times in a clean, sanitary condition.
1.
Plastic bags shall not be used without the container for on-site storage of trash except for bags containing only rubbish.
B.
Garbage and refuse containers as well as bulk storage containers shall be placed or stored in a manner to prevent the occurrence of spillage and littering and in the manner required by applicable provisions of this title, title 26 or state law relative to interim solid waste storage and solid waste collection. Where inconsistent, the more restrictive provision controls.
C.
All bulk storage containers shall have tightfitting lids in good working condition.
D.
The total capacity of all provided garbage and/or refuse cans and bulk storage containers shall be sufficient to meet the reasonable ordinary household needs of the occupants of the dwelling.
E.
Closed and secured trash containers shall be placed for pick up the morning of collection and retrieved not later than 9:00 p.m. of the same day.
F.
When not set out for collection, trash containers shall be stored inside a structure or within five feet of the principal (main) structure.
G.
No person shall place into the public right-of-way or yard setback any trash container that is not securely closed, regardless of whether it contains refuse attractants.
(AO No. 2016-76(S), § 6, 7-12-2016; AO No. 2019-74(S), § 3, 6-18-2019)
A.
No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purposes of living, sleeping, cooking or eating therein, which does not comply with the following requirements:
1.
Every dwelling unit shall have a room or portion of a room in which food may be prepared and/or cooked, which shall have adequate circulation area, and which shall be equipped with the following:
a.
A kitchen sink in good working condition and properly connected to a water supply system which is approved by the appropriate authority and which provides at all times an adequate amount of heated and unheated running water under pressure, and which is connected to a sewer system approved by the appropriate authority.
b.
Cabinets or shelves for the storage of eating, drinking, and cooking equipment and utensils and of food that does not under ordinary summer conditions require refrigeration for safekeeping; and a counter or table for food preparation. Such cabinets or shelves and counter or table shall be of sound construction furnished with surfaces that are non-absorbent and that will not impart any toxic or harmful effect to food.
c.
A stove, or similar device, for cooking food, and a refrigerator, or similar device, for the safe storage of food at temperatures less than 40 degrees Fahrenheit but more than 32 degrees Fahrenheit under ordinary summer conditions, which are properly installed with all necessary connections for safe, sanitary and efficient operation; provided that such stove, refrigerator and/or similar devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide such devices on occupancy, and that sufficient space and adequate connections for the safe and efficient installation and operation of the stove, refrigerator and/or similar devices are provided.
2.
Within every dwelling unit there shall be a nonhabitable room which affords privacy to a person within the room and which is equipped with a flush water closet in good working condition. The flush water closet shall be equipped with non-absorbent surfaces, shall be properly connected to a water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly, and shall be properly connected to a sewer system which is approved by the appropriate authority.
3.
Within every dwelling unit there shall be a lavatory sink. The lavatory sink may be in the same room as the flush water closet, or, if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which the water closet is located. The lavatory sink shall be in good working condition and properly connected to a water supply system which is approved by the appropriate authority and which provides an adequate amount of heated and unheated running water under pressure, and which is properly connected to a sewer system approved by the appropriate authority. Water inlets for lavatory sinks shall be located above the overflow rim of these facilities.
4.
Within every dwelling unit there shall be a room which affords privacy to a person within the room and which is equipped with a bathtub or shower in good working condition. The bathtub or shower may be in the same room as the flush water closet or in another room and shall be properly connected to a water supply system which is approved by the appropriate authority and which provides an adequate amount of heated and unheated water under pressure, and which is connected to a sewer system approved by the appropriate authority. Water inlets for bathtubs shall be located above the overflow rim of these facilities unless equipped with integral backflow protection.
5.
Structurally sound handrails shall be provided on any steps containing four risers or more. Porches, patios and/or balconies located more than three feet higher than the adjacent area shall have structurally sound protective guardrails or handrails.
6.
Each dwelling unit shall have facilities for the safe storage of drugs and household poisons and resident will be responsible for child safety or other security locks, if needed.
7.
Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit.
8.
No person shall let to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped with functioning locking devices.
9.
Within every multiple dwelling or roominghouse the owner shall post in a conspicuous place accessible at all times to occupants of such dwelling a legible printed or typewritten notice or legible copy that calls particular attention to the verbatim provisions of AS 34.03.100, 34.03.160 and 34.03.180 and states the name, address and current telephone number of the owner, operator, agent or other person having the authority to make repairs or provide equipment necessary to comply with the provisions of this code.
(AO No. 2016-76(S), § 6, 7-12-2016)
A.
No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the requirements of this section.
B.
Dwellings shall meet the natural light and ventilation requirements of IRC 2012 and ASHRAE Standard 62.
(AO No. 2016-76(S), § 6, 7-12-2016)
A.
Where there is usable electric service readily available from power lines which are not more than 300 feet away from a dwelling, every dwelling unit and all public and common areas shall be supplied with electric service, outlets and fixtures which shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to a source of electric power in a manner prescribed by the ordinances, rules and regulations of the municipality. Except to the extent the minimum capacity and minimum number expressly conflict with applicable provisions of Title 23 of the Anchorage Municipal Code, the minimum capacity of such services and the minimum number of outlets and fixtures shall be as follows:
1.
Every dwelling unit shall be supplied with at least one 15-ampere circuit and such circuit shall not be shared with another dwelling unit.
2.
Every habitable room shall contain at least two separate wall type duplex electric convenience outlets or one such duplex convenience outlet and one supplied wall or ceiling type electric light fixture. No duplex outlet shall serve more than two fixtures or appliances.
3.
Temporary wiring or extension cords shall not be used as permanent wiring.
4.
Every nonhabitable room, including water closet compartments, bathrooms, laundry rooms, furnace rooms and public halls, shall contain at least one supplied ceiling or wall type electric light fixture.
5.
All electric lights and outlets in bathrooms shall be controlled by switches which are of such design as shall minimize the danger of electric shock, and such lights and outlets shall be installed and maintained in such condition as to minimize the danger of electrical shock.
B.
Every public hall and stairway in every multiple dwelling shall be adequately lighted by natural or artificial light at all times, so as to provide in all parts thereof at least ten footcandles of light at the tread of floor level. Every public hall and stairway in structures containing not more than two 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.
(AO No. 2016-76(S), § 6, 7-12-2016)
A.
No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:
1.
Every dwelling shall have heating equipment and appurtenances which are properly installed, and are maintained in 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 68 degrees Fahrenheit at a distance of 36 inches above floor level under ordinary winter conditions.
2.
No owner or occupant shall install, operate or use a heating device, including hot water heating units, which employs the combustion of carbonaceous fuel, which is not vented to the outside of the structure in an approved manner, and which is not supplied with sufficient air to continuously support the combustion of the fuel. All heating devices shall be constructed, installed and operated in such a manner as to minimize accidental burns.
a.
Space heaters which combust carbonaceous fuels not vented to the outdoors may not be used as a primary source of heat. As a temporary primary heat source non-vented space heaters may be used for a maximum of 48 hours to meet minimum thermal standards. Owners who cannot comply with the minimum thermal standards in 12 hours shall procure reasonable substitute housing for the occupant at the owner's expense until such time as the dwelling unit is fit for human habitation.
(AO No. 2016-76(S), § 6, 7-12-2016)
A.
No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:
1.
All construction and materials, ways and means of egress, and installation and use of equipment shall conform with the appropriate statutes, ordinances and regulations dealing with fire protection of this municipality and the State of Alaska.
2.
Every plumbing fixture and pipe, every chimney, flue, and smoke pipe, and every other facility, piece of equipment or utility which is present in a dwelling or dwelling unit, or which is required under this chapter, shall be constructed and installed in conformance with the appropriate statutes, ordinances and regulations of this municipality and the State of Alaska.
3.
Every foundation, roof, floor, exterior and interior wall, ceiling, inside and outside stair, every porch, and every appurtenance thereto, shall be safe to use and capable of supporting the loads that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair. Every inside and outside stair or step shall have uniform risers and uniform treads.
4.
Every foundation, roof and exterior wall, door, skylight and window shall be reasonably weathertight, watertight and damp-free, and shall be kept in sound condition and good repair. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint which is not lead-based paint or by other protective covering or treatment.
5.
Every plumbing fixture and all water and waste pipes shall be properly installed and maintained in good sanitary working condition.
6.
Every water closet compartment, bathroom and kitchen floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.
7.
Every premises shall be maintained in a clean, sanitary and safe condition.
8.
Any materials used for rodentproofing shall be acceptable to the appropriate authority.
B.
Accessory structures present or provided by the owner, agent or tenant occupant on the premises of a dwelling shall be structurally sound, and shall be maintained in good repair and free of insects and rodents, or such structures shall be removed from the premises. The exterior of such structures shall be made weather resistant through the use of decay resistant materials or the use of lead-free paint or other preservatives.
C.
No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this chapter to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit let or occupied by him; except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the appropriate authority.
(AO No. 2016-76(S), § 6, 7-12-2016)
A.
No person shall occupy or let to be occupied any dwelling or dwelling unit, for the purpose of living therein, unless there is compliance with the requirements of this section.
1.
The maximum occupancy of any dwelling unit shall not exceed the lesser value of the following two requirements:
a.
For the first occupant there shall be at least 150 square feet of floorspace and there shall be at least 50 square feet of floorspace for every additional occupant thereof; the floorspace shall be calculated on the basis of total habitable room area in the dwelling unit. For purposes of this subsection, a child under the age of one year shall not be considered an additional occupant.
b.
The total number of persons shall be no more than two times the number of habitable rooms within the dwelling unit.
B.
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 floorspace for the first occupant, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floorspace for each occupant thereof, except that every room occupied for sleeping purposes by more than one occupant and containing a bunk bed shall contain at least 35 square feet of floorspace for each occupant using a bunk bed and 50 square feet of floorspace for each occupant not using a bunk bed.
1.
Notwithstanding the foregoing, an owner does not violate this provision if the number of persons permitted to occupy the dwelling does not exceed the maximum occupants permitted under part A. of this subsection.
C.
The ceiling height of any habitable room shall be at least seven feet; except that in any habitable room under a sloping ceiling at least one-half of the floor area shall have a ceiling height of at least seven feet, and the floor area of that part of such a room where the ceiling height is less than five 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.
D.
No dwelling or dwelling unit containing two or more sleeping rooms shall have such room 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. A bathroom or water closet compartment shall not be used as the only passageway to any habitable room, hall, basement or cellar or to the exterior of the dwelling unit.
E.
Every dwelling unit shall have at least four square feet of floor-to-ceiling height closet space for the personal effects of each permissible occupant; if it is lacking, in whole or in part, an amount of space equal in square footage to the deficiency shall be subtracted from the area of habitable room space used in determining permissible occupancy.
(AO No. 2016-76(S), § 6, 7-12-2016)
A.
No person shall operate a roominghouse or dormitory, or shall occupy or let to another for occupancy any dormitory room and/or rooming unit in any roominghouse or dormitory, which is not in compliance with the appropriate provisions of every section of this chapter. No owner or other person shall occupy or let to another person any rooming unit or dormitory room unless it is clean and sanitary, and complies with all applicable requirements of the municipality.
B.
The following provisions shall apply in all roominghouses and dormitories:
1.
Cooking in dormitory rooms and rooming units, other than with microwaves or similar devices with no exposed hot surface or flame, is prohibited.
2.
Communal cooking and dining facilities in a roominghouse are prohibited, except as approved by the Anchorage Health Department in writing.
3.
All food service and dining facilities provided in a roominghouse or dormitory for the occupants of the roominghouse or dormitory shall comply with applicable food service legislation.
4.
Access doors to rooming units and dormitory rooms shall have operating locks to ensure privacy.
5.
Every rooming unit shall comply with all the requirements of this chapter pertaining to a habitable room.
6.
Every rooming unit occupied for sleeping purposes by one person shall contain at least 70 square feet of floorspace, and every rooming unit occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floorspace for each occupant thereof, except that every room occupied for sleeping purposes by more than one occupant and containing a bunk bed shall contain at least 35 square feet of floorspace for each occupant using a bunk bed and 50 square feet of floorspace for each occupant not using a bunk bed. Every rooming unit shall contain also at least four square feet of closet space for each occupant with at least an unobstructed height of five feet. If the closet space is lacking in whole or in part, space of the amount of the deficiency shall be subtracted from the area of the habitable room space when determining occupancy.
7.
Every rooming unit shall have immediate access to egress, as required by the appropriate statutes, ordinances and regulations of this municipality and the State of Alaska.
8.
Structurally sound handrails shall be provided on any steps containing four risers or more. Porches, patios and balconies located more than three feet higher than the adjacent areas shall have structurally sound protective guardrails or handrails.
9.
Access to or egress from each rooming unit shall be provided without passing through any other rooming unit.
(AO No. 2016-76(S), § 6, 7-12-2016; AO No. 2018-118, § 2, 1-1-2019)
A.
No person shall operate a roominghouse unless the person holds a valid roominghouse license issued by the appropriate authority in the name of the operator and for the specific dwelling or dwelling unit. The operator shall apply to the appropriate authority upon compliance by the operator with the applicable provisions of this chapter and of any rules and regulations adopted pursuant thereto. This license shall be displayed in a conspicuous place within the roominghouse at all times. No such license shall be transferable. Every person holding such a permit shall give notice in writing to the appropriate authority within 24 hours after having sold, transferred, given away or otherwise disposed of ownership of, interest in or control of any roominghouse. Such notice shall include the name and address of the person succeeding to the ownership or control of such roominghouse. Every roominghouse license shall expire at the end of one year following its date of issuance, unless sooner suspended or revoked.
B.
At least one flush water closet, lavatory basin and bathtub or shower, properly connected to a water and sewer system approved by the appropriate authority and in good working condition, shall be supplied for each six persons or fraction thereof residing within a roominghouse, including members of the operator's family wherever they share the use of the facilities, provided:
1.
That in a roominghouse where rooms are let only to males, flush urinals may be substituted for not more than one-half the required number of water closets and provided that there shall be at least one water closet.
2.
That all such facilities shall be so located within the dwelling as to be reasonably accessible to all persons sharing such facilities and from a common hall or passageway and provided that such facilities are not located more than one floor above or below the rooming unit or units served.
3.
That every lavatory basin and bathtub or shower stall be supplied with heated and unheated water under pressure at all times.
4.
That, if the roominghouse has only one bathroom for use by the occupants of the rooming units, the bathroom shall not be located below grade.
C.
Unless exempted by the appropriate authority in writing, the operator of every roominghouse shall change supplied bed linen and towels therein at least once a week, and prior to the letting of any room to any occupant, and the operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.
(AO No. 2016-76(S), § 6, 7-12-2016)
A.
When it is necessary to make an inspection to enforce the provisions of this chapter, or when the appropriate authority has reasonable cause to believe there exists in dwellings, dwelling units, roominghouses, rooming units, a dwelling, dwelling unit or rooming unit, or of a multiple dwelling, hotel or hotel unit, or a roominghouse, dormitories, or dormitory rooms a condition which is contrary to or in violation of this chapter and makes the premises unfit, the code official may enter the premises at reasonable times to inspect or to perform the duties imposed by this chapter, provided:
1.
If such premises are occupied that credentials be presented to the occupant and entry requested. If an inspection is made at the request of any party other than the occupant, the inspector shall provide the occupant with 24 hours advanced notice prior to entry.
2.
If such premises are vacant, the code official shall first make a reasonable effort to locate the owner or other persons having charge or control of the premises and request entry.
B.
If any owner, occupant, or other person in charge of a dwelling, dwelling unit or rooming unit, or of a multiple dwelling, hotel, or a roominghouse, subject to licensing, fails or refuses to permit free access and entry to the structure or premises under his control, or any part thereof, with respect to which an inspection authorized by this chapter is sought to be made, the appropriate authority may obtain and serve an administrative search warrant to inspect the dwelling, dwelling unit, rooming unit, hotel unit, roominghouse or dormitory room. The application to the trial courts of the state to obtain an administrative search warrant shall state the name of the owner(s) and address of the premises to be inspected, the authority to conduct the inspection, the nature and extent of the inspection, and the facts and circumstances justifying the inspection. Warrants issued under this section shall be returned within ten days.
C.
To the extent allowed by law, all records pertaining to the identification of a complainant shall be kept confidential from the public record of inspection and notice of violation in regard to any structure.
D.
Inspection fees.
1.
If an inspection is made pursuant to this section at the request of the occupant, owner, operator, agent or other person in charge of a dwelling unit, rooming unit or other structure subject to the provisions of this chapter, the inspection fee provided in this section shall constitute a debt in favor of the municipality against the person requesting the inspection if the request is the 4th or subsequent request in a 12-month period and:
a.
The requestor is the same person, or circumstances indicate the complaint was made on the requestor's behalf, and
b.
The appropriate authority determines that the requestor did not have a good-faith basis for making the request, and at least three other requests in the immediately prior 12-month period.
2.
If a notice of violation is issued and compliance does not occur on or before a reasonable date for compliance provided in the notice, the inspection fee provided in this section for such inspection shall constitute a debt in favor of the municipality against the person to whom the notice of violation is issued.
3.
If any person fails, neglects or refuses to pay the municipality the amount of the debt provided in this section, it shall be recoverable in a civil action against that person or that person's successor brought in a court of competent jurisdiction by the municipality, which shall possess all rights of a private creditor.
E.
Excessive violations.
1.
In the event three notices of violation under this chapter are issued to the same owner for the same real property, premises, dwelling, or dwelling unit, the municipality may assess the actual costs of each inspection and re-inspection if:
a.
Upon re-inspection, any one of the violations was not cured within the time period specified in the notice;
b.
The notices of violation were issued within a consecutive 12-month period; and
c.
The notices contain a warning regarding the possibility of assessing actual costs under this subsection for excessive inspections.
3.
Minimum actual costs. For purposes of administrative efficiency, the municipality may elect to assess a charge of $150.00 per hour for each inspection and re-inspection, in lieu of actual costs. The minimum charge shall be $150.00. Charges shall be in hourly increments and shall not be prorated.
(AO No. 2016-76(S), § 6, 7-12-2016; AO No. 2025-93(S), § 5, 10-21-2025)
A.
Designation of unfit dwellings, dwelling units, roominghouses, rooming units, dormitories and dormitory rooms. Any dwelling, dwelling unit, roominghouse, rooming unit, dormitory or dormitory room shall be designated as unfit for human habitation when any of the following defects or conditions is found, and when, in the judgment of the appropriate authority, such defect creates a hazard to the health, safety or welfare of the occupants or of the public:
B.
Whenever any dwelling, dwelling unit, roominghouse, rooming unit, dormitory or dormitory room has been designated as unfit for human habitation, the appropriate authority shall placard the dwelling, dwelling unit, rooming unit, dormitory or dormitory room, indicating that it is unfit for human habitation, and, if occupied, shall order the dwelling, dwelling unit or rooming unit vacated within a reasonable time, such time to be not less than three days or more than 35 days.
C.
No dwelling, dwelling unit, roominghouse, rooming unit, dormitory or dormitory room which has been designated as unfit for human habitation which has been placarded as such and vacated shall be used again for human habitation until written approval is secured from the appropriate authority and the placard removed by the appropriate authority.
D.
The appropriate authority shall rescind the designation as unfit for human habitation and remove the placard when the defect or condition upon which such designation and placarding was based has been removed or eliminated and the dwelling, dwelling unit, roominghouse, rooming unit, dormitory or dormitory room is deemed by the appropriate authority as a safe, sanitary, and fit place or fit for human habitation.
E.
No person shall deface or remove the placard from any dwelling, dwelling unit, roominghouse, rooming unit, dormitory or dormitory room which has been designated as unfit for human habitation and has been placarded as such, except as provided in subsection D.
F.
Any person affected by any decision of the appropriate authority or by any designation or placarding of a dwelling, dwelling unit, rooming unit, dormitory or dormitory room as unfit for human habitation shall be granted a hearing on the matter before the appropriate authority under the procedure set forth in section 15.05.090.
(AO No. 2016-76(S), § 6, 7-12-2016)
A.
Whenever an owner, operator or agent of a dwelling, dwelling unit, rooming unit, dormitory or dormitory room fails, neglects or refuses to make repairs or other corrective action called for by the order or notice of violation issued pursuant to section 15.10.170 the appropriate authority may undertake such repairs or action, when in its judgment a failure to make them will endanger the public health, safety, or welfare, and the cost of such repairs and action will not exceed 50 percent of the fair market value of the structure to be repaired. The fair market value of the structure to be repaired shall be determined according to a competent municipal real property appraiser or according to an independent appraisal when the cost of such independent appraisal is borne by the party requesting such independent appraisal.
B.
Notice of the intention to make such repairs or take other corrective action shall be served upon the owner, operator or agent pursuant to section 15.10.170.
C.
Every owner, operator or agent of a dwelling, dwelling unit, rooming unit, dormitory or dormitory room who has received notice of the intention of the appropriate authority to make repairs or take other corrective action shall give entry and free access to the agent of the appropriate authority for the purpose of making such repairs.
D.
When repairs are made or other corrective action taken at the direction of the appropriate authority, cost of such repairs and corrective action shall constitute a debt in favor of this municipality against the owner of the repaired structure. If such owner fails, neglects or refuses to pay the municipality the amount of this debt, it shall be recoverable in a civil action against the owner or his successor, brought in a court of competent jurisdiction by the municipality, which shall possess all rights of a private creditor.
(AO No. 2016-76(S), § 6, 7-12-2016)
A.
The appropriate authority shall order a dwelling, dwelling unit, roominghouse, rooming unit, dormitory or dormitory room to be demolished if it has been designated as unfit for human habitation, has been placarded as such, has been vacated, has not been put into proper repair so as to rescind the designation as unfit for human habitation and to cause the placard to be removed, and is determined by the appropriate authority not to warrant repair under section 15.10.190.
B.
The owner of any dwelling, dwelling unit, roominghouse or rooming unit, dormitory or dormitory room which has been ordered demolished shall be given notice of this order in the manner provided for service of notice in section 15.10.170 and shall be given a reasonable time, not to exceed 90 days, to demolish such structure.
C.
Any owner aggrieved by the notice to demolish may within 20 days seek a reconsideration of the matter in the manner hereinafter provided, and may seek a hearing in the manner provided in section 15.05.090.
D.
When the owner fails, neglects or refuses to demolish an unfit, unsafe, or unsanitary dwelling, dwelling unit, roominghouse, rooming unit, dormitory or dormitory room within the requisite time, the appropriate authority may apply to a court of competent jurisdiction for a demolition order. The court may grant such order when no reconsideration or hearing on the matter is pending. If the cost of such demolition shall create a debt in favor of this municipality against such owner, such costs shall be recoverable in a civil action brought by this municipality, which shall possess all the rights of a private creditor.
E.
Whenever a dwelling or roominghouse is demolished, whether carried out by the owner or by the appropriate authority, such demolition shall include the filling in of the excavation on which the demolished dwelling or roominghouse was located in such manner as to eliminate all potential danger to the public health, safety or welfare arising from such excavation.
F.
All demolition shall be preceded by an inspection of the premises by the appropriate authority to determine whether or not extermination procedures are necessary. If the premises are found to be infested, appropriate rodent extermination to prevent the spread of rodents to adjoining or other areas shall be instituted before, during and after demolition.
(AO No. 2016-76(S), § 6, 7-12-2016)
A.
The appropriate authority is hereby authorized to collect and disseminate information concerning techniques of maintenance, repair and sanitation in housing, and concerning the requirements of this chapter and applicable rules and regulations issued pursuant thereto.
(AO No. 2016-76(S), § 6, 7-12-2016)
(AO No. 2016-76(S), § 6, 7-12-2016)
A.
No owner, or person having control, of any premises regulated by this chapter shall institute any action to recover possession of the premises or otherwise willfully cause a tenant to quit a habitation involuntarily, demand an increase in rent from a tenant, decrease services to which a tenant has been entitled, or increase the obligations of a tenant, in retaliation against a tenant's good faith complaint or report of conditions in, or affecting his dwelling unit which might reasonably be believed to constitute a violation of a housing, building, health, or other code or ordinance made to a governmental authority or to the owner.
B.
An occupant may bring an action to enjoin violations of this section, and it shall be a defense in any action to recover possession of a premises that the action was brought in violation of this section.
(AO No. 2016-76(S), § 6, 7-12-2016)