[HISTORY: Adopted by the Town Meeting of the Town of Old Saybrook 11-24-1980 by Ord. No. 52 of the 1980 Code. Amendments noted where applicable.]
GENERAL REFERENCES
State Building Code — See Ch. 94, Art. I.
Littering — See Ch. 144.
Seasonal dwellings — See Ch. 170.
Solid waste — See Ch. 181.
A. 
The basic purposes of this Housing Code are:
(1) 
To establish minimum standards of health and safety for rental dwellings and rental dwelling units.
(2) 
To improve housing conditions.
(3) 
To maintain property values.
B. 
Inherent in the organization of this code compliance program are:
(1) 
The definition of basic responsibilities (what is to be done); and
(2) 
The delegation of authority to execute those responsibilities to the Board of Selectmen and the designated Compliance Officers.
C. 
This code deals basically with the owner's and occupant's responsibilities to keep existing rental housings in decent condition:
(1) 
To see to it that it is not occupied by more persons than are legally permitted.
(2) 
To keep it in proper repair.
(3) 
To maintain it in a sanitary condition.
(4) 
To see that it remains properly ventilated and lighted.
(5) 
To make sure that it has the required facilities for fire safety.
(6) 
To ensure that required services (heat, hot and cold water) are provided for within the minimal requirements of law.
D. 
The emphasis of this code is on a service operation to assist rental housing improvement.
E. 
This Housing Code emerges as an orderly relationship between means and ends and evolves a balance between responsibilities of landlords and tenants and extends coverage over additional environmental factors outside the dwelling units themselves.
F. 
The Town of Old Saybrook has traditionally enjoyed a wholesome community life which this code seeks to preserve and maintain for future generations.
G. 
This Rental Housing Code, by its nature, imposes a succession of duties and, increasingly, patterns of mutual and reciprocal obligations upon landlords and tenants. When this is made central to the understanding of Housing Code administration, issues become more clearly definable.
The following general provisions shall apply in the interpretation and enforcement of this code:
A. 
Legislative finding. It is hereby found that there exists and may in the future exist, within the Town of Old Saybrook, rental premises, consisting of 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 with regard to such premises 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 code 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 rental residential premises 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 such premises now in existence or hereafter constructed. It is hereby further declared that the purpose of this code is to insure that the quality of such 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 rental dwellings; and provision for administration and enforcement thereof.
C. 
Scope. The provisions of this code shall apply uniformly to the construction, maintenance, use and occupancy of all rental residential buildings and structures, where applicable, and shall apply uniformly to the alteration, repair, equipment, use, occupancy and maintenance of all existing rental residential buildings and structures, within the jurisdiction of the Town of Old Saybrook irrespective of when or under what code or codes such buildings or structures were originally constructed or rehabilitated.
D. 
Title. This code shall be known and may be cited as the Rental Housing Code for the Town of Old Saybrook, hereinafter referred to as "this code."
A. 
Meaning of certain words.
(1) 
Whenever the words "dwelling," "dwelling unit," rooming units," "premises," "structure" are used in this code, they shall be construed as though they were followed by the words "or any part thereof" and shall be restricted in application and meaning to those such premises which are used or offered for use as rental residential premises.
(2) 
Words used in the singular include the plural, and the plural the singular; the masculine gender includes the feminine and the feminine the masculine.
(3) 
Undefined words. Words not specifically defined in this code shall have the common definition set forth in a standard dictionary.
B. 
The following definitions shall apply in the interpretation and enforcement of this code:
ACCESSORY BUILDING OR STRUCTURE
A detached building or structure in a secondary or subordinate capacity from the main or principal building or structure on the same premises.
APPROPRIATE AUTHORITY
Agent or agency that has jurisdiction.
APPROVED
Approved by the local or state authority having such administrative authority.
ASHES
The residue from the burning of combustible materials.
ATTIC
Any story situated wholly or partly within the roof, and designed, arranged or built so as to be used for business, storage or habitation.
BASEMENT
The lowest story of a building, below the main floor and wholly or partially lower than the surface of the ground.
BUILDING
A fixed construction with walls, foundation and roof, such as a house, factory, garage, etc.
BULK CONTAINER
Any metal garbage, rubbish and/or refuse container having a capacity of two cubic yards or greater and which is equipped with fittings for hydraulic and/or mechanical emptying, unloading and/or removal.
CELLAR
A room or group of rooms totally below the ground level and usually under a building.
CENTRAL HEATING SYSTEM
A single system supplying heat to one or more dwelling unit(s) or more than one rooming unit.
CHIMNEY
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.
COMPLIANCE OFFICER
The official designated herein or otherwise charged with the responsibilities of administering this code, or his or her authorized representative.
DILAPIDATED
No longer adequate for the purpose or use for which it was originally intended.
DIRECTOR OF HEALTH
The Health Officer or his or her authorized agent.
DWELLING
Any enclosed space wholly or partly used or intended to be used for living, sleeping, cooking and eating.
DWELLING UNIT
A room or group of rooms located within a dwelling forming a single habitable unit with facilities used or intended to be used for living, sleeping, cooking and eating purposes.
EGRESS
An arrangement of exit facilities to assure a safe means of exit from buildings.
EXTERMINATION
The control and elimination 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, trapping, or by any other recognized and legal pest elimination methods approved by the local or state authority having such administrative authority.
FAIR MARKET VALUE
A price at which both buyers and sellers are willing to do business.
FAMILY
One or more individuals living together and sharing common living, sleeping, cooking and eating facilities. (See also "household.")
FLUSH WATER CLOSET
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.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking, serving and nonconsumption of food.
GRADE
The finished ground level adjacent to a required window.
GUEST
An individual who shares a dwelling unit in a nonpermanent status for not more than 30 days.
HABITABLE ROOM
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, kitchenettes and utility rooms of less than 50 square feet of floor space, foyers, or communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas.
HEATED WATER
Water heated to a temperature not less than the requirements in the State of Connecticut State Building Code.
HEATING DEVICE
All furnaces, unit heaters, domestic incinerators, cooking and heating stoves and ranges, and other similar devices.
HOUSEHOLD
One or more individuals living together in a single dwelling unit and sharing common living, sleeping, cooking and eating facilities. (See also "family.")
INFESTATION
The presence within or around a dwelling of any insects, rodents, or other pests.
KITCHEN
Any room used for the storage of foods, preparation of foods and containing any or all of 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.
KITCHENETTE
A small kitchen or an alcove containing cooking facilities.
LEAD-BASED PAINT
Any paint containing more lead than the level established by the United States Consumer Product Safety Commission as being the "safe" level of lead in residential paint and paint products.
MULTIPLE DWELLING
Any dwelling containing two or more dwelling units.
OCCUPANT
Any individual other than an owner or a member of such owner's household, over one year of age, living, sleeping, cooking, or eating in or having possession of a rental dwelling, dwelling unit or a rooming unit.
OPERATOR
Any person who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let.
ORDINARY SUMMER CONDITIONS
A temperature 10° F. below the highest recorded temperature in the locality for the prior ten-year period.
ORDINARY WINTER CONDITIONS
A temperature 15° F. above the lowest recorded temperature in the locality for the prior ten-year period.
OWNER
Any person who, alone or jointly or severally with others:
(1) 
Shall have legal title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
(2) 
Shall have charge, care or control of any 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 code and of rules and regulations adopted pursuant thereto, to the same extent as if he or she were the owner, which premises, dwelling or dwelling unit is used or offered for use as rental residential premises.
PERMISSIBLE OCCUPANCY
The maximum number of individuals permitted to reside in dwelling unit or rooming unit.
PERSON
Includes any individual, firm, corporation, association, partnership, cooperative or governmental agency.
PLUMBING
Includes 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, shower baths, 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, septic systems or gas lines.
PREMISES
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.
PRIVACY
The existence of conditions which will permit an individual or individuals to carry out an activity commenced without interruption or interference, either by sight or sound by unwanted individuals.
PROPERLY CONNECTED
Connected in accordance with all applicable codes and ordinances of the Town of Old Saybrook and the State of Connecticut 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.
RAT HARBORAGE
Any conditions or place where rats can live, nest or seek shelter.
RATPROOFING
A form of construction which will prevent the ingress or egress of rats 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 foundation, basements, cellars, exterior and interior walls, ground or first floors, roofs, sidewalk gratings, sidewalk opening, and other places that may be reached and entered by rats by climbing, burrowing or other methods, by the use of materials impervious to rat gnawing and other methods approved by the Board of Selectmen.
REFUSE
All putrescible and nonputrescible solids (except body wastes) including garbage, rubbish, ashes and dead animals.
REFUSE CONTAINER
A watertight container that is constructed of metal, or other durable material impervious to rodents, that is capable of being serviced without creating unsanitary conditions, or such other containers as have been approved by the Board of Selectmen. Openings into the container such as covers and doors shall be tight-fitting.
ROOMING HOUSE
Any dwelling including hotels and motels, or that part of any dwelling containing one or more rooming units in which persons either individually or as families are housed with or without meals being provided.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking purposes.
RUBBISH
Nonputrescible solid wastes (excluding ashes) consisting of either:
(1) 
Combustible wastes such as paper, cardboard, plastic containers, yard clippings, and wood; or
(2) 
Noncombustible wastes such as tin cans, glass and crockery.
SAFETY
The condition of being reasonably free from danger and hazards which may cause accidents or disease.
SPACE HEATER
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.
STAIRWAYS
One or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one floor to another. A flight of stairs for the purpose of this code must have at least two risers.
SUMMER DWELLINGS
Those dwellings listed with the Old Saybrook Tax Assessor as being seasonal (no heat).[1]
SUPPLIED
Paid for, furnished by, provided by, or under the control of the owner, operator, or agent.
TEMPORARY HOUSING
Any occupied tent, trailer, mobile home or any other structure used for human shelter which is designed to be transportable.
TOXIC SUBSTANCE
Any chemical product applied on the surface of or incorporated into any structural or decorative material which may constitute a potential hazard to human health at acute or chronic exposure levels.
VARIANCE
A difference between that which is required or specified and that which is permitted.
[1]
Editor's Note: See also Ch. 170, Seasonal Dwellings.
A. 
No owner shall let to another person any dwelling or dwelling unit unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable legal requirements of the State of Connecticut and the Town of Old Saybrook.
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 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 or she occupies and controls.
D. 
Every occupant of a dwelling or dwelling unit shall store and dispose of all his or her rubbish in a clean, sanitary and safe manner.
E. 
Every occupant of a dwelling or dwelling unit shall store and dispose of all his or her garbage, refuse, and any other organic waste which might provide food for insects and/or rodents in a clean, sanitary safe manner. All garbage cans and refuse containers shall be ratproof, insectproof, watertight, structurally strong to withstand handling stress, easily filled, emptied and cleaned; shall be provided with tight-fitting covers or similar closures; and shall be maintained at all times in a clean, sanitary condition. Plastic bags may be used as garbage and refuse container liners, but shall not be used without the container for on-site storage of garbage or refuse.
F. 
Bulk storage containers which are used for the storage of garbage, refuse and/or other putrescible waste shall be placed on concrete platforms which are constructed to minimize spillage onto the adjacent areas. Methods for the cleaning of containers shall be approved by the Board of Selectmen. All bulk storage containers shall be equipped with lids.
G. 
The total capacity of all provided garbage and/or refuse cans and bulk storage containers shall be sufficient to meet the needs of the occupants of the dwelling.
H. 
Every owner of a summer dwelling or of a dwelling containing two or more dwelling units shall supply facilities or refuse containers for the sanitary and safe storage and/or disposal of rubbish and garbage. In the case of single-family dwellings it shall be the responsibility of each occupant to furnish such facilities or refuse containers.
I. 
The owner of a dwelling unit shall be responsible for providing and hanging all screens and double or storm doors and windows whenever the same are required under the provisions of this code or any rule or regulation adopted pursuant thereto, except where there is a written agreement between the owner and occupant. In the absence of such an agreement, maintenance or replacement of screens, storm doors and windows, once installed in any one season, becomes the responsibility of the occupant. The occupant's responsibility shall be exclusive to his or her dwelling unit.
J. 
Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of insects, and/or rats, on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his or her dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a ratproof or reasonably insectproof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared on public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.
K. 
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 rat harborage in or about any dwelling or dwelling unit. Stored materials shall be stacked neatly in piles.
L. 
No owner of a dwelling shall accumulate or permit the accumulation of rubbish, boxes, lumber, scrap metal, or any other materials in such a manner that may provide a rat harborage in or about the shared or public areas of a dwelling or its premises. Materials stored by the owner or permitted to be stored by the owner shall be stacked neatly in piles.
M. 
No owner or occupant of a dwelling or dwelling unit shall store, place, or allow to accumulate any materials which may serve as food for rats in a site accessible to rats.
N. 
Every occupant of a dwelling unit shall keep all supplied 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.
O. 
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, a temperature required by the State of Connecticut Building Code shall be maintained in all habitable rooms, bathroom, and water closet compartments at a distance of 36 inches above the floor level.
P. 
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 Board of Selectmen.
Q. 
No owner or occupant shall apply a lead-based paint to any surface in any dwelling, dwelling unit, rooming house and/or rooming unit.
No person shall 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:
A. 
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:
(1) 
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 under the provisions of the Connecticut Public Health Code.
(2) 
Cabinets and/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 safe keeping; and a counter or table for food preparation; said cabinets and/or shelves and counter or table shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or harmful effect to food.
(3) 
A stove for cooking food, and a refrigerator for the safe storage of food at temperatures less than 45° F. but more than 32° F. under ordinary maximum summer conditions, which are properly installed with all necessary connections for safe, sanitary and efficient operation; provided that such stove and refrigerator need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, and that sufficient space and adequate connections for the safe and efficient installation and operation of said stove and refrigerator are provided.
B. 
Within every dwelling unit there shall be a nonhabitable room which affords privacy to a person within said room and which is equipped with a flush water closet in good working condition. Said flush water closet shall be equipped with easily cleanable surfaces, 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 under the provisions of the Connecticut Public Health Code.
C. 
Within every dwelling unit there shall be a lavatory sink. Said 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 said 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 at all times an adequate amount of heated and unheated running water under pressure, and which is properly connected to a sewer system approved under the provisions of the Connecticut Public Health Code. Water inlets for lavatory sinks shall be located above the overflow rim of these facilities.
D. 
Within every dwelling unit there shall be a room which affords privacy to a person within said room and which is equipped with a bathtub or shower in good working condition. Said bathtub or shower may be in the same rooms 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 at all times an adequate amount of heated and unheated water under pressure, and which is connected to a sewer system approved under the provisions of the Connecticut Public Health Code. Water inlets for bathtubs shall be located above the overflow rim of these facilities.
(1) 
Bathtubs and showers are not required in summer dwellings. If interior showers are installed they shall be connected to a sewer system approved under the provisions of the Connecticut Public Health Code.
(2) 
Exterior showers shall be drained in such a way as not to cause a nuisance.
E. 
Every dwelling unit shall have means of egress as required by the State of Connecticut Building Code.
F. 
Structurally sound handrails shall be provided on any steps containing two risers or more. Porches, patios, and/or balconies located more than three feet higher than the adjacent area shall have structurally sound protective guard or handrails as specified by the State of Connecticut Building Code.
G. 
Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit.
H. 
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.
No person shall 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:
A. 
Every habitable room shall have at least one window or skylight facing outdoors, provided that if connected to a room or area used seasonally (e.g. porch) then adequate daylight must be possible through this interconnection. The minimum total window or skylight area, measured between stops, for every habitable room shall be at least 10% of the floor area of such room but if light-obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such 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.
B. 
Every habitable room shall have at least one window or skylight facing directly outdoors which can be opened easily, or such other device as will ventilate the room adequately, provided that if connected to a room or area used seasonally then adequate ventilation must be possible through this interconnection. The total of openable window or skylight area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight type window size, as required in Subsection A of this section, except where there is supplied some other device affording adequate ventilation and approved by the appropriate authority.
C. 
When facilities for interior climate control (heating, cooling and/or humidity) are integral functions of structures containing dwelling units or rooming units, such facilities shall be maintained and operated in a continuous manner and in accordance with the designed capacity of the installed equipment. During instances when the integral equipment is inoperative because of power or mechanical failure, alternative provisions for fresh air ventilation of each dwelling or rooming unit shall be provided.
D. 
Every bathroom and water closet compartment, and nonhabitable room used for food preparation, shall comply with the light and ventilation requirement for habitable rooms contained in Subsections A and B, except that no window or skylight shall be required in such rooms if they are equipped with a ventilation system in working condition, which is approved by the appropriate authority.
E. 
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 State of Connecticut Building Code. The minimum capacity of such services and the minimum number of outlets and fixtures shall be prescribed by the State of Connecticut Building Code.
F. 
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 three 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.
No person shall let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:
A. 
Every dwelling except summer dwellings 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 that required by the State of Connecticut Building Code and at a distance of 36 inches above floor level under ordinary winter conditions.
B. 
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.
No person shall let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:
A. 
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.
B. 
Every foundation, roof and exterior wall, door, skylight and window shall be reasonably weathertight, watertight and dampfree, and shall be kept in sound condition and good repair. Floors, interior walls and ceilings shall be sound and in 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. Walls shall be capable of affording privacy for the occupants.
C. 
Every premise shall be graded, drained, free of stagnant water, and maintained in a clean, sanitary and safe condition.
D. 
Unless other provisions are made, gutters, leaders and downspouts shall be provided and maintained in good working condition as to provide proper drainage of stormwater.
E. 
Every window, exterior door and hatchway or similar device shall be so constructed to exclude insects during that portion of the year when there is a need for protection against mosquitoes, flies and other flying insects.
(1) 
Every doorway used for ventilation and opening directly from a dwelling unit to outside space shall have supplied properly fitting screens having at least 16 mesh and with a self-closing device.
(2) 
Every window or other device with openings to outdoor space, used for ventilation, shall be supplied with screens.
F. 
Every dwelling, multiple dwelling, rooming house or accessory structure and the premises on which located shall be maintained in a rat-free and ratproof condition.
(1) 
All openings in the exterior walls, foundations, basements, ground or first floors and roofs which have a half-inch diameter or more opening shall be ratproofed in an approved manner if they are within 48 inches of the existing exterior ground level immediately below such openings, or if they may be reached by rats from the ground by climbing unguarded pipes, wires, cornices, stairs, roofs, and other items such as trees or vines or by burrowing.
(2) 
All windows located at or near ground level used or intended to be used for ventilation, all other openings located at or near ground level, and all exterior doorways which might provide an entry for rats, shall be supplied with adequate screens or such other devices as will effectively prevent the entrance of rats into the structure.
(3) 
All sewers, pipes, drains or conduits and openings around such pipes and conduits shall be constructed to prevent the ingress or egress of rats to or from a building.
(4) 
Interior floors of basements, cellars and other areas in contact with the soil shall be ratproofed in an approved manner.
(5) 
Materials stored outside the dwelling shall be stacked neatly in piles so as to prevent the creation of a rat harborage area. No stacking or piling of material shall take place against the exterior walls of the structure.
(6) 
Any materials used for ratproofing shall be acceptable to the Board of Selectmen or its designated agent.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
All fences shall be constructed of approved fencing material, shall be maintained in good condition and shall not create a harborage for rats. Wood materials shall be protected against decay by use of paint which is not lead-based or by other preservative material. The permissible height and other characteristics of all fences shall conform to the appropriate statutes, codes and regulations of the Town of Old Saybrook and the State of Connecticut. Wherever any egress from the dwelling opens into the fenced area, there shall be a means of egress from the premises to any public way adjacent thereto
H. 
Accessory structures present or provided by the owner, agent or tenant occupant on the premises of a dwelling shall be structurally sound, and be maintained in good repair and free of insects and rats, or such structure 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.
I. 
Every plumbing fixture and all water and waste pipes shall be properly installed and maintained in good sanitary working condition.
J. 
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.
K. 
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 code, shall be constructed, installed and maintained in conformance with the appropriate statutes, codes and regulations of the Town of Old Saybrook and the State of Connecticut.
L. 
No owner, operator, or occupant shall cause any service, facility, equipment or utility which is required under this code to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit let or occupied by him or her; 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 or as provided for by the laws of the State of Connecticut.
M. 
All construction and materials, ways and means of egress, and installation and use of equipment shall conform with the appropriate statutes, codes and regulations dealing with the fire protection of the Town of Old Saybrook and the State of Connecticut.
No person shall rent any dwelling or dwelling unit, for the purpose of living therein, unless there is compliance with the requirements of this section:
A. 
The maximum occupancy of any dwelling unit shall not exceed the lesser value of the following two requirements:
(1) 
For the first occupant there shall be at least 150 square feet of floor space, and there shall be at least 100 square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area.
(2) 
A total number of persons shall be less than two times the number of habitable rooms within the dwelling unit.
B. 
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 1/2 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.
C. 
No floor space located up to four feet below grade shall be used as a habitable room of a dwelling unit unless approved of by the appropriate authority in writing.
D. 
No space located more than four feet below grade shall be used as a habitable room of a dwelling unit.
E. 
In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space for the first occupant and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof.
F. 
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.
G. 
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.
No person shall operate a rooming house or let to another for occupancy any rooming unit in any rooming house, which is not in compliance with the appropriate provisions of every section of this code. No owner shall let to another person any rooming unit unless it is clean and sanitary and complies with all applicable requirements of the Town of Old Saybrook.
A. 
No person shall operate a rooming house unless he or she holds a valid rooming house license issued by the Board of Selectmen in the name of the operator and for the specific dwelling or dwelling unit. The operator shall apply to the Board of Selectmen upon compliance by the operator with the applicable provisions of this code and of any rules and regulations adopted pursuant thereto. This license shall be displayed in a conspicuous place within the rooming house at all times. No such license shall be transferable. Every person holding such a permit shall give notice in writing to the Board of Selectmen within 24 hours after having sold, transferred, given away, or otherwise disposed of ownership of, interest in, or control of any rooming house. Such notice shall include the name and address of the person succeeding to the ownership or control of such rooming house. Every rooming house license shall expire at the end of one year following its date of issuance, unless sooner suspended or revoked as hereinafter provided.
B. 
At least one flush water closet, lavatory basin and bathtub or shower, properly connected to a water and sewer system approved under the provisions of the Connecticut Public Health Code and in good working condition, shall be supplied for each six persons or fraction thereof residing within a rooming house, including members of the operator's family wherever they share the use of said facilities, provided that:
(1) 
In a rooming house where rooms are let only to males, flush urinals may be substituted for not more than 1/2 the required number of water closets and provided that there shall be at least one water closet.
(2) 
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) 
Every lavatory basin and bathtub or shower stall be supplied with heated and unheated water under pressure at all times.
(4) 
If the rooming house has only one bathroom for use by the occupants of the rooming units said bathroom shall not be located below grade.
C. 
The following provision shall apply in all rooming houses:
(1) 
Cooking in rooming units is prohibited.
(2) 
Communal cooking and dining facilities in a rooming house are prohibited, except as approved by the appropriate authority in writing.
(3) 
All food service and dining facilities provided in a rooming house for the occupants of same shall comply with applicable food service legislation.
(4) 
Access doors to rooming units shall have operating locks to insure privacy.
D. 
Unless exempted by the Board of Selectmen in writing, the operator of every rooming house 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.
E. 
Every rooming unit shall comply with all the requirements of this code pertaining to a habitable room. Every rooming unit occupied by one person shall contain at least 110 square feet of floor space and every rooming unit occupied by more than one person shall contain at least 90 square feet for each occupant thereof; further, 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.
F. 
Every rooming unit shall have immediate access to two or more approved means of egress, appropriately marked, leading to safe and open space at ground level or as required by the appropriate statutes, codes and regulations of the Town of Old Saybrook and the State of Connecticut.
G. 
Structurally sound handrails shall be provided on any steps containing two risers or more. Porches, patios and/or balconies located more than three feet higher than the adjacent areas shall have structurally sound protective guard or handrails specified by the State of Connecticut Building Code.
H. 
Access to or egress from each rooming unit shall be provided without passing through any other rooming unit.
A. 
The Board of Selectmen shall enforce the provisions of this code and is hereby authorized and directed to make inspections pursuant to the plans for inspection authorized by § 166-11A; or in response to a complaint that an alleged violation of the provisions of this code or of applicable rules or regulations pursuant thereto may exist; or when the Board of Selectmen have valid reason to believe that a violation of this code or any rules and regulations pursuant thereto has been or is being committed. The Board of Selectmen is hereby authorized to designate as agents each member of the Board of Selectmen, the Zoning Enforcement Officer, the Building Official, the Town Sanitarian, the Director of Health and the Fire Marshal. Any or all of the aforementioned persons may make inspections on behalf of the Board of Selectmen.
B. 
The Board of Selectmen and/or its designated agents are hereby authorized to enter and inspect between the hours of 8:00 a.m. and 5:00 p.m. all dwellings, dwelling units, rooming houses and rooming units subject to the provisions of this code for the purpose of determining whether there is compliance with its provisions.
C. 
The Board of Selectmen and/or its designated agents is hereby authorized to inspect the premises surrounding dwellings, dwelling units, rooming houses and rooming units subject to this code, for the purpose of determining whether there is compliance with its provisions.
D. 
The Board of Selectmen and/or its designated agents and the owner, occupant or other person in charge of a dwelling and dwelling unit and rooming unit and rooming house, subject to this code may agree to an inspection by appointment at a time other than the hours provided in Subsection B of this section.
E. 
The owner, occupant or other person in charge of a dwelling, dwelling unit, rooming unit or rooming house upon presentation of proper identification by the appropriate authority, a copy of any relevant plan of inspection pursuant to which entry is sought, and a schedule of the specific areas and facilities to be inspected shall give the appropriate authority entry and free access to every part of the dwelling, dwelling unit or rooming unit to the premises surrounding any of these.
F. 
The Board of Selectmen shall keep confidential all evidence exclusive of the inspection record, which it may discover or obtain in the course of an inspection made pursuant to this section, and such evidence shall be considered privileged.
G. 
If any owner, occupant, or other person in charge of a dwelling, dwelling unit or rooming unit, or of a multiple dwelling or a rooming house subject to licensing under § 166-13, fails or refuses to permit free access and entry to the structure or premises under his or her control, or any part thereof, with respect to which an inspection authorized by this code is sought to be made, the Board of Selectmen may, upon a showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling unit, rooming unit, multiple dwelling, or rooming house, petition and obtain such order from a court of competent jurisdiction.
H. 
When required, the Board of Selectmen shall obtain the necessary order from the court to conduct the inspection.
A. 
No person shall operate a rooming house unless he holds a current, unrevoked operating license issued by the Board of Selectmen in his or her name for the specific named rooming house.
B. 
Every operating license shall be issued for a period of one year from its date of issuance unless sooner revoked, and may be renewed for successive periods of not to exceed one year.
C. 
The Board of Selectmen is hereby authorized upon application therefor to issue new operating licenses, and renewals thereof, in the names of applicant owners or operators of rooming houses. No such licenses shall be issued unless the rooming house in connection with which the license is sought is found after inspection to meet all applicable requirements of this code and applicable rules and regulations pursuant thereto.
D. 
No operating license shall be issued or renewed unless the applicant owner or operator has first made application therefor on an application form provided by the Board of Selectmen. The Board of Selectmen shall develop such forms and make them available to the public.
E. 
No operating license shall be issued or renewed unless the applicant owner or operator agrees in his application to such inspection pursuant to §§ 166-11A and 166-12A and 11.01 as the Board of Selectmen may require to determine whether the rooming house in connection with which such license is sought is in compliance with the applicable provisions of this code and with applicable rules and regulations pursuant thereto.
F. 
No operating license shall be issued or renewed unless the completed application form be accompanied by payment of a license fee approved by the Board of Selectmen.
G. 
No operating license shall be issued or renewed for a nonresident applicant unless such applicant designates in writing to the Board of Selectmen the name of his or her agent for the receipt of service of notice of violation of the provisions of this code and for service of process pursuant to this code.
H. 
No operating license shall be issued or renewed for a resident applicant unless such applicant has first designated an agent for the receipt of service of violations of the provisions of this code, when said applicant is absent from the Town of Old Saybrook for 30 or more days. Such a designation shall be made in writing and shall accompany each application form. The applicant may designate any person resident in the Town of Old Saybrook as his or her agent for this purpose.
I. 
No operating license shall be renewed unless an application therefor has been made within 60 days prior to the expiration of the present operating license.
J. 
Each license shall be displayed in a conspicuous place within the common ways of the rooming house. No license shall be transferable to another person or to another multiple dwelling or rooming house.
K. 
Every owner or operator of a licensed rooming house shall keep or cause to be kept an accurate record of all repairs, alterations and equipment changes related to the provisions of this code or to any rules and regulations pertaining thereto, and all corrections made as the result of inspections by the Board of Selectmen. Such record shall be made available to the Board of Selectmen by the owner or operator when requested. Every owner or operator subject to this section shall be notified that such record may be used in administrative or judicial proceedings pursuant to the provisions of this code. The Board of Selectmen shall, upon issuance of a license as required in Subsection A of this section, advise the licensee of the necessity for such record and the manner in which such record shall be kept.
L. 
Whenever, upon inspection of the licensed rooming house, or of the records required to be kept by Subsection K above, the Board of Selectmen finds that conditions or practices exist which are in violation of the provisions of this code or of any applicable rules and regulations pursuant thereto, the owner or operator shall be served with notice of such violation in the manner hereinafter provided. Such notice shall state that unless the violations cited are corrected within reasonable time, the operating license may be suspended.
M. 
At the end of the time they have allowed for correction of any violation cited, the Board of Selectmen shall reinspect the rooming house and if it is determined that such conditions have not been corrected, an order suspending the operating license may be issued.
N. 
Any person whose license to operate a rooming house has been suspended shall be entitled to a reconsideration of the order by an administrative conference or by an appeal to the Housing Code Appeals Board in the manner hereinafter provided by this code. If no request for reconsideration or appeal reaches the Board of Selectmen within 21 days following the issuance of the order of suspension, the license shall be revoked, except that prior to revocation, any person whose license has been suspended may request reinspection, upon a showing that the violation or violations cited in the notice have been corrected.
O. 
If, upon reinspection, the Board of Selectmen finds that the rooming house in connection with which the notice was issued is now in compliance with this code and with applicable rules and regulations issued pursuant thereto, the license shall be reinstated. A request for reinspection shall not extend the suspension period, unless the Board of Selectmen grants such request.
A. 
Whenever the Board of Selectmen determines that any dwelling, dwelling unit, or rooming unit, or the premises surrounding any of these, fails to meet the requirements set forth in this code or in applicable rules and regulations issued pursuant thereto, the Board of Selectmen in accordance with existing legislation shall issue a notice setting forth the alleged failures, and advising the owner, occupant, operator, or agent that such failures must be corrected. This notice shall:
(1) 
Be in writing.
(2) 
Set forth the alleged violations of this code or of applicable rules and regulations issued pursuant thereto.
(3) 
Describe the dwelling, dwelling unit or rooming unit where the violations are alleged to exist or to have been committed.
(4) 
Specify a specific date for the correction of any violation alleged.
(5) 
Be served upon the owner, occupant, operator, or agent of the dwelling, dwelling unit, or rooming unit personally, or by registered mail, return receipt requested, addressed to the owner, occupant, operator or agent. If one or more persons to whom such notice is addressed cannot be found after diligent effort to do so, service may be made upon such persons by posting the notice in or about the dwelling, dwelling unit or rooming unit described in the notice.
(6) 
Be served upon a resident agent for the receipt of such services of notice designated pursuant to § 166-13H.
B. 
At the end of the period of time allowed for the correction of any violation alleged, the Board of Selectmen shall reinspect the dwelling, dwelling unit or rooming unit described in the notice.
C. 
If, upon reinspection, the violations are determined by the Board of Selectmen not to have been corrected, the Board of Selectmen shall initiate legal proceedings for the immediate correction of the alleged violations or shall order the dwelling, dwelling unit or rooming unit vacated (within not less than 24 hours or more than 10 days or both).
Any person who shall violate any provision of this code or who shall willfully refuse or fail to obey an order of the Board of Selectmen or the Housing Code Appeals Board to comply with this code, or of any rule or regulation adopted hereunder, shall be subject to a penalty of $100 for each day that each alleged violation after expiration of the specified reasonable consideration period; provided, however, that the penalty set forth in this section is not exclusive and, when the alleged violation is also a violation of the provisions of any General Statute of the State of Connecticut (or regulation adopted thereunder), or of any other ordinance of the Town of Old Saybrook, then such additional penalty, or remedy of enforcement set forth in any such statute, regulation or ordinance, shall pertain, in addition to the penalty provisions of this section.
A. 
Repairs and other corrective action.
(1) 
Whenever an owner, operator, or agent of a dwelling, dwelling unit or rooming unit fails, neglects, or refuses to make repairs or other corrective action called for by the order or notice of violation issued pursuant to § 166-15A the Board of Selectmen 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% of the fair market value of the structure to be repaired.
(2) 
Notice of the intention to make such repairs or take other corrective action shall be served upon the owner, operator or agent pursuant to § 166-15; or upon the resident agent of the owner, as designated agent for service pursuant to § 166-13H.
(3) 
Every owner, operator, or agent of a dwelling, dwelling unit, or rooming unit, who has received notice of the intention of the Board of Selectmen to make repairs or take other corrective action shall give entry and free access to the agent of the Board of Selectmen for the purpose of making such repairs. Any owner, operator, or agent of a dwelling, dwelling unit or rooming unit who refuses, impedes, interferes with or hinders, or obstructs entry by such agent pursuant to a notice of intention to make repairs or take other corrective action shall be subject to the penalties in § 166-16 for each such failure to comply with this section.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
When repairs are made or other corrective action taken at the direction of the Board of Selectmen, cost of such repairs and corrective action shall constitute a debt in favor of the Town of Old Saybrook against the owner of the repaired structure. In the event such owner fails, neglects, or refuses to pay the Town of Old Saybrook 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 Town of Old Saybrook, which shall possess all rights of a private creditor.
B. 
Designation of unfit dwellings, dwelling units, rooming houses and rooming units:
(1) 
Any dwelling, dwelling unit, rooming house or rooming unit 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 Board of Selectmen, pursuant to § 166-12A, such defect creates a hazard to health safety or welfare of the occupants or of the public:
(a) 
Is damaged, decayed, dilapidated, unsanitary, unsafe, and/or vermin-infested and/or contains hazardous levels of lead-based paint or other substance.
(b) 
Lacks illumination, ventilation and/or required sanitation facilities.
(c) 
The general condition of location is unsanitary, unsafe and/or unhealthful.
(2) 
Whenever any dwelling, dwelling unit, rooming house or rooming unit has been designated as unfit for human habitation, the Board of Selectmen or its designated agent pursuant to § 166-12A shall placard the dwelling, dwelling unit, or rooming unit, 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 shall be defined by circumstances but shall not exceed five days. Whenever any dwelling, dwelling unit, rooming house or rooming unit has been placarded and vacated the Board of Selectmen or its designated agent pursuant to § 166-12A shall order services, and utilities to be turned off or disconnected and all utility meters to be removed.
(3) 
No dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation, has been placarded as such and vacated shall be used again for human habitation until written approval is secured from the Board of Selectmen and the placard removed by the Board of Selectmen.
(4) 
The Board of Selectmen 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, rooming house or rooming unit is deemed by the Board of Selectmen as a safe, sanitary, and fit place for human habitation.
(5) 
No person shall willfully deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation and has been placarded as such, except as provided in Subsection B(4) above. Whoever violates this provision shall, upon conviction, be subject to a fine as provided in § 166-16.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6) 
Any person affected by any decision of the Board of Selectmen or by any designation or placarding of a dwelling, dwelling unit or rooming unit as unfit for human habitation shall be granted a hearing on the matter before the Housing Code Appeals Board under the procedure set forth in § 166-19 of this code.
C. 
Demolition of dwellings, dwelling units, rooming houses or rooming units designated as unfit for human habitation.
(1) 
The Board of Selectmen shall order a dwelling, dwelling unit, rooming house or rooming unit 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 Board of Selectmen not to warrant repair under Subsection A(1) of this § 166-17.
(2) 
The owner of any dwelling, dwelling unit, rooming house or rooming unit which has been ordered demolished shall be given notice of this order in the manner provided for service of notice in § 166-15 and shall be given a reasonable time, not to exceed 90 days, to demolish such structure.
(3) 
Any owner aggrieved by the notice to demolish may within 30 days seek a reconsideration of the matter in the manner hereinafter provided, and may seek a hearing in the manner provided in § 166-19.
(4) 
When the owner fails, neglects, or refuses to demolish an unfit, unsafe, or unsanitary dwelling, dwelling unit, rooming house or rooming unit within the requisite time, the Board of Selectmen 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 the Town of Old Saybrook against such owner, such costs shall be recoverable in a civil action brought by the Town of Old Saybrook which shall possess all the rights of a private creditor.
(5) 
Whenever a dwelling, dwelling unit, rooming house or rooming unit is demolished, whether carried out by the owner or by the Board of Selectmen, such demolition shall include the filling in of the excavation on which the demolished dwelling or rooming house was located in such manner as to eliminate all potential danger to the public health, safety, or welfare arising from such excavation.
(6) 
All demolition shall be preceded by an inspection of the premises by the Board of Selectmen to determine whether or not extermination procedures are necessary. If the premises are found to be infested, appropriate rat extermination to prevent the spread of rats to adjoining or other areas shall be instituted before, during and after demolition.
The Board of Selectmen is hereby authorized to collect and disseminate information concerning techniques of maintenance, repair, and sanitation in housing, and concerning the requirements of this code and applicable rules and regulations issued pursuant thereto.
A. 
There is hereby created a Housing Code Appeals Board, appointed by the Old Saybrook Board of Selectmen, which shall consist of five members, each to serve for a term of five years. The term of each member shall begin on the first day of May 1979. The terms of the members shall be staggered so that the terms of not more than three members shall expire in any one year. For purposes of allowing such staggered terms, the first appointment of two of the members shall be for terms of three years only, thereafter such terms being increased to full five-year terms. The Housing Code Appeals Board shall designate from its members a Chair and a Secretary.
B. 
The Housing Code Appeals Board shall adopt reasonable rules and regulations for the conduct of its meetings and investigations and shall render all decisions and findings in writing to the Board of Selectmen and all decisions and findings shall be made part of the public record.
C. 
Any person aggrieved by a notice of the Board of Selectmen issued in connection with any alleged violation of this code or of any applicable rule or regulation issued pursuant thereto, or by any order requiring repair or demolition, may apply to the Board of Selectmen for an administrative conference for reconsideration of such notice or order, provided that such application is made within 14 days after the date the notice or order was issued. If the Board of Selectmen holds an administrative conference for reconsideration of notice or order, the Board of Selectmen shall prepare a summary of the conference and shall state the decision reached; such summary and statement shall become part of the public record.
D. 
Any person aggrieved by a notice of the Board of Selectmen issued in connection with any alleged violation of this code or of any applicable rule or regulation issued pursuant thereto, or by any order requiring repair or demolition, may apply to the Housing Code Appeals Board for a reconsideration of such notice or order, provided that such application is made within 21 days after the date the notice or order was issued.
E. 
The Housing Code Appeals Board shall, within 10 days upon receipt of an appeal, set a time and place for the hearing, which hearing shall be held within 30 days from the date of receipt of such appeal. Said Board shall advise the applicant, in writing, of such time and place of hearing by certified mail, return receipt requested, at least seven days prior to the date of said hearing.
F. 
At such a hearing the applicant shall be given an opportunity to be heard and to show cause why such notice or order should be modified, extended, withdrawn or a variance granted.
G. 
The Housing Code Appeals Board, by a majority vote, may sustain modify or withdraw the notice or order. In granting an extension or variance of any notice or order, the Appeals Board shall observe the following:
(1) 
The Housing Code Appeals Board may grant an extension of time for the compliance of any order or notice for not more than 18 months subject to appropriate conditions and provided that the Appeals Board makes specific findings of fact based on evidence relating to the following:
(a) 
That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order; and
(b) 
That such an extension is in harmony with the general purpose and intent of this code in securing the public health, safety and general welfare.
(2) 
The Housing Code Appeals Board may grant a variance in a specific case and from a specific provision of this code subject to appropriate conditions and provided that the Appeals Board makes specific findings of fact based on evidence related to the following:
(a) 
That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order; and
(b) 
That the effect of the application of the provisions would be arbitrary in the specific case; and
(c) 
That an extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships and this arbitrary effect; and
(d) 
That such variance is in harmony with the general purpose and intent of this code in securing the public health, safety and general welfare.
A. 
Whenever, in the judgment of the Board of Selectmen or its designated agent pursuant to § 166-12A, an emergency exists which requires immediate action to protect the public health, safety or welfare, an order may be issued, without a hearing or appeal directing the owner, occupant, operator, or agent to take such action as is appropriate to correct or abate the emergency. If circumstances warrant, the Board of Selectmen or its designated agent pursuant to § 166-12A may act to correct or abate the emergency.
B. 
The owner, occupant, operator, or agent shall be granted a hearing before the Housing Code Appeals Board on the matter upon his or her request, as soon as practicable, but such appeal shall in no case stay the abatement or correction of such emergency.
In any case where a provision of this code is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or code of the Town of Old Saybrook existing on the effective date of this code, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this code is found to be in conflict with a provision of any other ordinance or code of the Town of Old Saybrook existing on the effective date of this code which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this code shall be deemed to prevail, and such other ordinances or codes are hereby declare to be repealed to the extent that they may be found in conflict with this code.