[HISTORY: Adopted by the Town Council of the Town of Rocky Hill 4-4-1977
by Ord. No. 60-77. Amendments noted where applicable.]
A.
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 residents of this municipality; to regulate multiple 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. This
chapter shall be applicable to all multiple dwellings now in existence or
hereafter constructed within this municipality.
B.
It is hereby further declared that for all of said dwellings
this chapter will establish minimum standards for basic equipment and facilities
for light, ventilation, heating and cooling; establish minimum standards for
basic equipment and facilities for safety from fire and accidents; establish
minimum standards for the use and location and amount of space for human occupancy;
and establish minimum standards for safe and sanitary maintenance. In addition,
this chapter will determine the responsibilities of owners, operators and
occupants of dwellings, and it will provide for the administration and enforcement
of all of the aforesaid standards and responsibilities.
The provisions of this chapter shall apply to all multiple dwellings
containing three or more dwelling units used for human habitation, which are
now or may become in the future substandard with respect to structure, protection
against fire hazard, equipment or maintenance, inadequate provisions for light
and air, lack of proper heating, unsanitary conditions and overcrowding, or
otherwise may be deemed to constitute a menace to the safety, health or welfare
of their occupants.
A.
Any alterations to buildings or changes of use therein
which may be caused directly or indirectly by the enforcement of this chapter
shall be done in accordance with applicable sections of the Building Code,
Fire Safety Code or the Public Health Code of the State of Connecticut.
B.
Except where obvious hazards to life, sanitation or adjoining
properties are involved, nothing in this chapter shall require changes in
any buildings which were built in full compliance with applicable codes in
force at the time of their construction or alteration, provided that such
buildings have been properly maintained and used only for such use as originally
permitted.
C.
This chapter establishes minimum requirements for the
initial and continued occupancy of all multifamily buildings used for human
habitation and does not replace or modify requirements otherwise established
for the construction, repair, alteration or use of buildings, equipment or
facilities, except that the Building Official shall have the authority to
require safe exits in accordance with Article 8 of the State Basic Building
Code or such other codes of the municipality as may be applicable.
[Amended 1-6-1992 by Ord.
No. 171-92]
Except as may otherwise be provided by statute or local law or ordinance,
no officer, agent or employee of the municipality charged with the enforcement
of this chapter shall render himself personally liable for any damage that
may accrue to persons or property as a result of any act required or permitted
in the discharge of his duties under this chapter, but shall be defended by
legal representative of the municipality until the final determination of
the proceedings.
[Amended 1-6-1992 by Ord.
No. 171-92]
Inspection of the premises and the issuing of orders in connection therewith
under the provision of this chapter shall be the exclusive responsibility
of the Division of Building Inspection of the municipality. Wherever, in the
opinion of the Building Official, it is necessary or desirable to have inspections
of any condition by any other department, he shall arrange for this to be
done in such a manner that the owners or occupants of buildings shall not
be subjected to visits by numerous inspectors nor to multiple or conflicting
orders. No order for correction of any violation under this chapter shall
be issued without the approval of the Building Official, and it shall be the
responsibility of that official before issuing any such order, to determine
that it has the concurrence of any other department or official of the government
concerned with any matter involved in the case in question.
As used in this chapter, the following terms shall have the meanings
indicated:
As applied to material, device or method of construction, shall mean
approved by the Building Official or his designee under the provisions of
this chapter.
A portion of the building partly underground, but having less than
half of its clear height below the average grade plan adjoining the building.
The State of Connecticut Basic Building Code and other reference
codes applicable thereto, latest edition, and any amendments thereto.
The officer appointed by the Town Manager pursuant to Connecticut
General Statutes, § 29-260(a), and the Rocky Hill Town Charter,
also known as the "Building Official."
[Added 1-6-1992 by Ord. No.
171-92]
The portion of the building partly underground having half or more
than half of its clear height below the grade plan adjoining the building.
A common corridor or space separately enclosed which provides common
access to a required exitway or exitway discharge for more than one tenant.
One or more rooms arranged for the use of one or more individuals
living together as a single housekeeping unit with cooking, living, sanitary
and sleeping facilities.
The Building Inspector of the Town of Rocky Hill or his authorized
representative or his designee herein or otherwise charged with the responsibilities
of administering this chapter.
In existence before the time that this chapter becomes effective.
That portion of a means of egress which is separated from all other
parts of the building by construction which affords a protected way of travel
to the exitway discharge.
That portion of a means of egress between the termination of an exitway
and a public space.
A door opening directly to the exterior, to a horizontal exit, to
an exit stairway or to a similar place of safety.
Any dwelling containing three or more dwelling units.
Any person, including the owner or operator, living and sleeping
in a dwelling unit.
Any person who is in charge, care or has control of a multifamily
dwelling in which dwelling or rooming units are let or offered for occupancy.
Any person who, alone or jointly or severally with others:
Shall have legal title to any dwelling, premises or dwelling unit, with
or without accompanying actual possession thereof, or
Shall have charge, care or control of any dwelling, premises 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 to the same extent as
if he were the owner.
Bathtubs, shower baths, lavatories, water heating facilities, water
pipes, gas pipes, garbage disposal units, installed clothes-washing machines
or similar equipment, catch basins, drains, vents or other supplied fixtures
with all connections to water, gas, sewer or vent lines.
A lot, plot or parcel of land, including all buildings and structures
thereon.
The replacement of existing work with equivalent materials for the
purpose of its maintenance, but not including any addition, change or modification
in construction, exit facilities or permanent fixtures or equipment.
Required by some provision of this chapter.
Equipped with an approved automatic sprinkler system which has been
approved by the Fire Marshal of the municipality.
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 chapter must have at
least two risers.
A.
The enforcement officer is hereby authorized to make
inspections, by and with authorization of the owner, occupant or person in
charge, to determine the condition of multiple dwelling units within this
Town of Rocky Hill for the purpose of determining compliance with the provisions
of this chapter. For the purpose of making such inspections, the enforcement
officer, with authorization of the owner, occupant or person in charge, is
hereby empowered to enter, examine and survey all multiple dwelling units
between the hours of 8:00 a.m. and 5:00 p.m., or at such other time mutually
satisfactory to and agreed upon by the enforcement officer and the owner,
the occupant or the person in charge of any multiple dwelling unit. Such inspection,
examination or survey shall not have for its purpose the harassment of such
owner or occupant. Such inspection, examination and survey shall be made in
a manner that will cause the least amount of inconvenience to said owner or
occupant, consistent with an efficient performance of the duties of the enforcement
officer. To further ensure that the policy of this chapter is to achieve compliance
through cooperation of owners and occupants, and to ensure that such policy
will be successfully maintained, whenever practical, the enforcement officer
will provide reasonable advance notice to the owner, the person in charge
and/or the occupants of any planned blanket inspection and any inspections
of a routine nature.
B.
The owner or occupant of each multiple dwelling unit,
or the person in charge thereof, upon presentation by the enforcement officer
of proper identification and authorization, shall give the enforcement officer
entry to the dwelling or dwelling unit and free access to every part thereof,
provided that no inspection shall be conducted except during the hours designated
above. The enforcement officer shall be properly authorized for entry into
any multiple dwelling unit when:
(1)
In his judgment, an emergency tending to create an imminent
danger to the public health, welfare or safety exists; or
(2)
Such entry by the enforcement officer is requested or
agreed to by the owner, occupant or person in charge of the dwelling, dwelling
unit, rooming unit or premises; or
(3)
The enforcement officer presents a duly granted authorization
issued by a court of competent jurisdiction to enter for the purpose of inspection,
examination or survey of such premises for the purposes hereof.
C.
Any owner, occupant or person in charge of a multiple dwelling unit refusing to permit or impeding entry of and free access to any part of any dwelling or dwelling unit for the purpose of inspection, examination or survey under the provisions of this subsection shall be subject to the penalties in accordance with § 176-19 herein.
D.
Evidence which may be discovered or obtained in the course
of an inspection made pursuant to this section shall not be disclosed except
as may be necessary by law or advisable in the judgment of the enforcement
officer for the proper and effective administration and enforcement of the
provisions of this chapter and rules and regulations issued pursuant thereto
and any prosecution of violators of this chapter.
Every owner or operator of a rooming house or a building containing
three or more rental dwelling units shall keep, or cause to be kept, records
of all requests for repair and complaints by tenants, which requests are related
to the provisions of this chapter and to any applicable rules and regulations,
and records of all corrections made in response to such requests and complaints.
Such records shall be made available by the owner or operator to the enforcement
officer for inspection and copying upon request. Such records shall be admissible
in any administrative or judicial proceeding pursuant to the provisions of
this chapter as prima facie evidence of the violation or the correction of
violations of this chapter or of applicable rules and regulations adopted
pursuant thereto.
No owner or operator shall let to another person any dwelling unit located
within a building containing three or more rental units until the dwelling
unit to be let has been inspected and/or approved by the enforcement officer
and a new certificate of compliance has been issued by him, provided that
this section shall not apply to hotels and motels. If inspection and/or approval
is not made and/or granted within five working days of notification by the
owner thereof that a unit is to be relet, the approval of the enforcement
officer shall be deemed to have been given.
A.
It shall be the duty of an owner of a building containing
three or more rental units to post in a conspicuous place within the common
area of such building a notice of the existence of this chapter and including
such other information about the chapter which the enforcement officer may
determine to be appropriate. Such notices shall be provided by the enforcement
officer upon request.
B.
It shall also be the duty of an owner of a building containing
three or more rental units to notify the enforcement officer when any apartment
unit is vacant or becoming vacant so that an inspection can be made by the
enforcement officer prior to occupancy of a rental unit to ensure that said
living unit is in compliance with this chapter.
A.
No person shall occupy as owner-occupant or let to another
for occupancy any multiple dwelling unit or portion thereof for the purpose
of living therein which does not comply with the following:
(1)
Every exterior wall shall be free of holes, breaks, loose
or rotting boards, timbers or loose brick or masonry and any other conditions
which might admit rain or dampness to the interior portions of the occupied
spaces of the building.
(2)
Stairs, porches, balconies and railings. Stairs and other
exit facilities shall be adequate for safety as provided in Article 8 of the
Basic Building Code and Fire Safety Code. Every outside stair, every porch
and every appurtenance attached thereto shall be so constructed as to be safe
to use and capable of supporting the loads to which it is subject, as required
by the Building Code, and shall be kept in sound condition and good repair.
[Amended 1-6-1992 by Ord.
No. 171-92]
B.
Handrails. Where the Building Official deems it necessary
for safety, every flight of stairs which is more than two risers high shall
have handrails which shall be located as required by the Building Code, and
every porch which is more than two risers high shall have guardrails so located
and of such design as required by the Building Code. Every guardrail and balustrade
shall be firmly fastened and shall be maintained in good condition.
C.
Exterior doors. Every exterior door, when closed, shall
fit reasonably well within its frame. Every exterior door, door hinge and
door latch shall be maintained in good condition. Every door available as
an exit shall be capable of being opened from the inside, easily and without
the use of a key.
A.
No person shall occupy as owner-occupant or let to another
for occupancy any multiple dwelling unit or portion thereof for the purpose
of living therein which does not comply with the following: Every multiple
dwelling unit, rooming unit, cellar, basement and crawl space shall be maintained
reasonably free from dampness to prevent conditions conducive to decay or
deterioration of the structure as required by the Building Code.
B.
Interior stairs and railings. Stairs shall be provided
in every multiple dwelling unit and rooming unit as required by the Building
Code. All interior stairs of multiple dwelling units used for human habitation
shall be maintained in sound condition and good repair by replacing treads
and risers that evidence excessive wear or are broken, warped or loose. Every
inside stair shall be so constructed and maintained as to be safe to use and
capable of supporting a load, as required by the provisions of the Building
Code. Every interior stairway shall be properly lighted to assure safety upon
ascending or descending. Emergency lighting shall be installed to assure safe
passage when the electrical power fails.
C.
Handrails. Every stairwell and every flight of stairs
which is two risers high shall have handrails or railings located in accordance
with the provisions of the Building Code. Every handrail shall be firmly fastened
and must be maintained in good condition. Properly balustrated railings capable
of bearing normally imposed loads as required by the Building Code shall be
placed on the open portions of stairs, balconies, landings and stairwells.
A.
Every multiple dwelling unit shall contain within its
walls a room or rooms separate from the habitable rooms which affords privacy
and which is equipped with a water closet, properly vented in accordance with
the National Plumbing Code.
B.
Every multiple dwelling unit shall contain a lavatory
or lavatories which, when a closet is required, shall be in the same room
with said water closet and properly vented in accordance with the National
Plumbing Code.
C.
Every multiple dwelling unit shall contain a room which
affords privacy to a person in said room and which is equipped with a bathtub
or shower properly vented in accordance with the National Plumbing Code.
D.
Every multiple dwelling unit shall contain a kitchen
sink apart from the lavatory, properly vented in accordance with the National
Plumbing Code. Every kitchen in which there is a dishwasher installed must
be properly air-gapped in accordance with the National Plumbing Code. All
garbage disposals must be wired in accordance with the National Electrical
Code. All plumbing fixtures must be properly connected to either a public
water and sewer system or to an approved private water and sewer system. All
sinks, lavatories, bathtubs and showers shall be supplied with hot and cold
running water.
E.
Every multiple dwelling unit shall be supplied with water
heating facilities which are installed in an approved manner, properly maintained
and properly connected with hot-water lines to fixtures required to be supplied
with hot water. Water heating facilities shall be capable of heating water
to be drawn at every required kitchen sink, lavatory, basin, bathtub, shower
and laundry facility or other similar units at a temperature of not less than
130º F. at any time needed. All water heating facilities shall be equipped
with relief valves with the proper rating to prevent heater explosion.
F.
All plumbing systems used for human habitation, every
plumbing stack, waste and sewer line shall be so installed and maintained
as to function properly and shall be kept free from obstructions, leaks and
defects to prevent structural deterioration or health hazards. All repairs
and installations shall be made in accordance with the provisions of the Building
Code.
A.
Every multiple dwelling unit shall have heating facilities
and the owner of the heating facilities shall be required to see that they
are properly installed, safely maintained and in good working condition and
that they are capable of safely and adequately heating all habitable rooms,
bathrooms and toilet rooms located therein to a temperature of at least an
average of 68º F. with an outside temperature of -10º F.
B.
All required equipment and all building space and parts
in every multiple dwelling unit shall be constructed and maintained so as
to properly and safely perform their intended function in accordance with
the provisions of the Building Code.
C.
Every space-heating, cooking and water-heating device
located in a multiple dwelling unit shall be properly installed, connected
and maintained and shall be capable of performing the function for which it
was designed and shall have relief valves to relieve the pressure temperature
to prevent an explosion.
A.
Every laundry, furnace room and all similar nonhabitable
work spaces and storage spaces in every multiple dwelling unit shall have
at least one supplied electric light fixture available at all times.
B.
Every public hall or corridor and every stairway in every
multiple dwelling unit shall be adequately lighted at all times with an illumination
of at least five lumens per square foot in the darkest portion of the normally
traveled stairs and passageways. All required means of egress shall be indicated
with approved signs reading EXIT in plainly legible letters at least six inches
high on an approved contrasting distinguishable background; illuminated by
a reliable light source giving a value of not less than five footcandles on
the illuminated surface; visible from the exitway access; and, when necessary,
supplemented by directional signs in the access corridors and hallways indicating
the direction and way of egress.
C.
All exit signs shall be generally located at exitway
doors or exitway access areas so as to be readily visible and not subject
to obliteration by smoke. They shall be illuminated at all times when the
building is occupied from an independently controlled electric circuit or
other source of power.
D.
Every habitable room of a multiple dwelling unit shall
contain at least two separate and remote outlets. In kitchens, three separate
and remote wall-type electric convenience outlets shall be provided and one
ceiling or wall-type electric light fixture shall be provided. In addition
to the electric light fixture in every bathroom and laundry room, there shall
be provided at least one electric outlet.
A.
All fire-fighting and fire-extinguishing service equipment
and appliances, including valves, hose, tools and accessories, shall be maintained
readily available and in good working order at all times for immediate use
of the occupants of the building and the Division of Building and Division
of Fire.
[Amended 1-6-1992 by Ord.
No. 171-92]
B.
The owner of every building and structure shall be responsible
for the care and maintenance of all fire-extinguishing equipment and devices
to ensure the safety and welfare of the occupants. When any required automatic
extinguishing equipment or fire alarm system becomes inoperative, the owner
or his designated representative in charge shall immediately advise the Fire
Chief or Fire Marshal and shall diligently prosecute the restoration of protection,
completing repairs within 24 hours unless extended, in writing, by the Building
Official and/or Fire Marshal or their designee. In the case of an intentional
interruption for repairs or other necessary reasons, the owner or his designated
representative in charge shall notify the Building Official, Fire Marshal
and Fire Chief, in advance of the interruption, stating the reasons therefor.
C.
When the fire alarm system becomes inoperative and immediate
restoration is not possible, the owner or his designated representative in
charge shall notify all occupants and shall take immediate steps, as noted
above, to restore proper working conditions, completing repairs within 24
hours unless extended, in writing, by the Building Official and/or Fire Marshal
or their designee. While out of order, all fire alarm stations shall be clearly
tagged to indicate the system is not working.
D.
Inspections and field tests of fire-extinguishing equipment
shall be made by the owner or his authorized representative or insurance organization,
and a record shall be kept of all inspections and tests made by them. Such
records shall be made available by the owner or operator to the enforcement
officer for inspection.
E.
A sprinkler wrench and not fewer than six spare sprinkler
heads shall be available on the premises in a readily accessible and plainly
identified place to replace fused or damaged equipment.
F.
All hand-operated auxiliary fire-extinguishing equipment
shall be of an approved type suitable to the use of the building and shall
be installed in corridors or other locations, visible and readily accessible
to the occupants of the building. All such extinguishing equipment must be
inspected at least once a year and tagged, bearing the date of inspection.
G.
Every owner of any multiple dwelling unit shall be required
to install smoke detectors upon the renewal of a lease to a new tenant; such
detectors shall be approved by the Fire Marshal as to the number, type and
location.
Every multiple dwelling unit shall be supplied with approved containers
and covers for the storage of rubbish, and the owner, operator or agent in
control of such multiple dwelling unit shall be responsible for the removal
of such rubbish. Every multiple-dwelling unit shall be supplied with an approved
garbage disposal facility to be accessible to the occupants of the dwelling.
Whenever the Building Official determines that there has been or is
a violation or that there are reasons to believe that there has been or that
there is a violation of any provision of this chapter, he shall give notice
of such violation or alleged violation to the person or persons responsible
thereto. Such notice shall:
[Amended 1-6-1992 by Ord.
No. 171-92]
Any person, firm, corporation, association or partnership who shall
violate any provision of this chapter or who shall willfully refuse or fail
to obey an order of the enforcement officer or comply with this chapter shall,
upon conviction, be punished as provided in § 29-394 of the Connecticut
General Statutes.
A.
Any person aggrieved by a notice of violation addressed
to such person by the enforcement officer and issued in connection with any
inspection, examination or survey pursuant to this chapter shall be granted
a hearing on such notice of violation before the Building Board of Appeals,
provided that such person shall file in the office of the Building Board of
Appeals a written petition bearing the petitioner's name and present address,
requesting a hearing and setting forth the grounds therefor within 20 days
after the notice of the enforcement officer was given to such person. Within
10 days of the receipt of such petition, the Building Board of Appeals shall
set a time and place for such hearing and shall give the petitioner written
notice thereof. Such notice of hearing shall be by registered or certified
mail, return receipt requested. At the hearing, the petitioner shall have
the opportunity to present such facts as shall support the petitioner's contention
that the notice should be modified or withdrawn. Such a hearing shall take
place within reasonable time after the receipt of the petition by the Building
Board of Appeals.
B.
After the conclusion of the hearing, a majority of the
Building Board of Appeals shall be empowered to sustain, modify or withdraw
the notice of violation. Variances from the provisions of this chapter may
be granted where circumstances warrant, if, in the judgment of the Building
Board of Appeals, no harm to the public health, welfare and safety will result
from such variance.
C.
The Building Board of Appeals is hereby authorized to
administer oaths and affirmations to witnesses at such hearings and to take
the testimony of witnesses and receive exhibits presented in such hearings.
D.
All proceedings at such hearings, including the findings
of fact and decision shall be reduced to writing, and said findings and decision
shall be certified and filed in the office of the Town Clerk.
E.
Any person aggrieved by the final decision of the Building
Board of Appeals may appeal to any court of competent jurisdiction, as provided
by the laws of this state.
