The provisions of this Article shall describe the minimum conditions of residential premises and buildings to be used for human occupancy. Every residential building or structure occupied by humans, except as exempted by Article I, §§ 71-3 and 71-5, and its premises shall comply with the conditions and standards herein prescribed when a deviation from such conditions and standards poses an imminent threat to the health, safety and general welfare of the occupants and other persons. The Code Official may cause periodic inspections to be made of residential buildings and premises to secure compliance with these requirements.
A.
Responsibility. The owner of buildings and premises
shall maintain such buildings and premises in compliance with these
requirements. A person shall not occupy as owner-occupant or let to
another for occupancy or use premises which do not comply with the
following requirements of this section.
B.
Vacant structures and land. All vacant structures
and premises thereof or vacant land shall be maintained in a clean,
safe, secure and sanitary condition as provided herein so as not to
cause blight or adversely affect the public health or safety.
C.
Sanitation. All premises shall be maintained in a
clean, safe and sanitary condition, free from any accumulation of
rubbish or garbage.
D.
Containers. Garbage, vegetable wastes or other putrescible
materials shall be stored in leakproof containers, provided with close-fitting
covers, for the storage of such materials until removed from the premises
for disposal.
E.
Grading and drainage. All premises shall be graded
and maintained so as to prevent the accumulation of stagnant water
thereon or within any structure located thereon.
F.
Insect and rat control. All premises shall remain
free of insects, rats, vermin or other pests in all exterior areas
of the premises. An owner shall be responsible for extermination,
except that the occupant shall be responsible for such extermination
in the exterior areas of the premises of a single-family dwelling.
Extermination in the shared or public parts of the premises of other
than a single-family dwelling shall be the responsibility of the owner.
G.
Noxious Weeds. All premises in predominately residential
areas shall be kept free from weeds or plant growth which is noxious
or detrimental to the public health and welfare and shall be trimmed
to a height of not more than 12 inches.
H.
Exhaust vents. Except as to previously existing and
operating exhaust systems, no person shall construct, maintain or
operate pipes, ducts, conductors, fans or blowers discharging gases,
steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate
wastes so as to discharge directly upon abutting or adjacent public
or private property or property of another tenant.
J.
Motor vehicles. All premises, except as provided in
other regulations, shall not contain any unregistered or uninspected
or junk vehicle that poses a threat to the health, safety and general
welfare of the occupants or other persons. Not more than two currently
unregistered or uninspected vehicles owned by the occupants that do
not pose a threat to the occupants' or other persons' health and safety
shall be parked in a predominately residential area. Said vehicles
shall not be in a state of disassembly or disrepair.
A.
General. The exterior of a structure shall be maintained
structurally sound and sanitary so as not to pose a threat to the
health and safety of the occupants and so as to protect the occupants
from the environment.
B.
Structural members. All supporting structural members
of all structures shall be maintained structurally sound, free of
deterioriation and capable of safely bearing the dead and live loads
imposed upon them.
C.
Exterior surfaces (foundations, walls and roof). Every
foundation, exterior wall, roof and all other exterior surfaces shall
be maintained in a workmanlike state of maintenance and repair and
shall be kept in such condition so as to exclude rats.
D.
Foundation walls. All foundation walls shall be maintained
so as to carry the safe design and operating dead and live loads,
plumb and free from open cracks and breaks, except as necessary to
release excessive water pressure on the wall so as not to be detrimental
to public safety and welfare.
E.
Exterior walls. Every exterior wall shall be free
of holes, breaks, loose or rotting boards or timbers and any other
condition which might admit rain or dampness to the interior portions
of the walls or to the occupied spaces of the building. All exterior
surface materials, including wood, composition or metal siding, shall
be maintained weatherproof so as to prevent deterioration.
F.
Roofs. The roof shall be structurally sound and tight
and not have defects which might admit rain and roof drainage and
shall be adequate to prevent rainwater from causing dampness in. the
walls or interior portion of the building.
G.
Decorative features. All cornices, trim, wall facings
and similar decorative features shall be maintained in good repair
with proper anchorage and in a safe condition.
H.
Signs, marquees and awnings. All canopies, marquees,
signs, metal awnings, stairways, fire escapes, standpipes, exhaust
ducts and similar overhang extensions shall be maintained in good
repair, shall be properly anchored so as to be kept in a safe and
sound condition and shall be protected from the elements and against
decay.
I.
Chimneys. All chimneys, cooling towers, smokestacks
and similar appurtenances shall be maintained structurally safe, sound
and in good repair. All exposed surfaces of metal or wood shall be
protected from the elements and against decay.
J.
Stairs and porches. Every stair, porch, balcony and
all appurtenances attached thereto shall be so maintained as to be
safe to use and capable of supporting the loads to which it may be
subjected and shall be maintained in sound condition and repair.
K.
Window and door frames. Every window, door and frame
shall be maintained, in such relation to the adjacent wall construction,
so as to exclude rain as completely as possible and to substantially
exclude wind from entering the building.
L.
Weathertight. Every window and exterior door shall
be fitted reasonably in its frame and be weathertight. Weather stripping
shall be used as necessary to exclude wind or rain from entering the
dwelling or structure and shall be kept in sound condition and good
repair.
M.
Glazing. Every required window sash shall be fully
supplied with glazing materials which securely hold in place window
glass.
N.
Openable windows. Every window, other than a fixed
window, shall be capable of being opened and shall be held in position
by window hardware. One-half of the window area is to be openable.
O.
Door hardware. Every exterior door, door hinge and
door latch shall be maintained in good condition. Door locks in dwelling
units shall be in good repair and capable of tightly securing the
door.
P.
Basement and window hatchways. Every basement or cellar
hatchway or window shall be so maintained as to prevent the entrance
of rats, rain and surface drainage into the structure.
A.
General. The interior of a structure and its equipment
shall be maintained structurally sound and in a sanitary condition
so as not to pose a threat to the health and safety of the occupants
and to protect the occupants from the environment.
B.
Structural members. The supporting structural members
of every building shall be maintained structurally sound, not showing
any evidence of deterioration which would render them incapable of
carrying the imposed loads.
C.
Interior surfaces. Floors, walls, including windows
and doors, ceilings and other interior surfaces shall be maintained
in a good, clean and sanitary condition.
D.
Lead-based paint. Lead-based paint with a lead content
of more than 0.5% shall not be applied to any interior or exterior
surface of a dwelling or dwelling unit, including fences and outbuildings
upon any premises.
E.
Bathroom and kitchen floors. Every toilet, bathroom
and kitchen floor surface shall be constructed and maintained so as
to permit such floor to be easily kept in a clean and sanitary condition.
F.
Free from dampness. Cellars, basements and crawlspaces
shall be maintained free from standing water so as to prevent conditions
conducive to decay or deterioration of the structure.
G.
Sanitation. The interior of every structure shall
be maintained in a clean and sanitary condition free from any accumulation
of rubbish, refuse or garbage. Rubbish, garbage and other refuse shall
be properly kept inside temporary storage facilities.
H.
Storage. Garbage or refuse shall not be allowed to
accumulate or be stored in public,halls or stairways.
I.
Insect and rat harborage. All structures shall be
kept free from insect and rat infestation, and where insects or rats
are found, they shall be promptly exterminated by acceptable processes
which will not be injurious to human health. After extermination,
proper precautions shall be taken to prevent reinfestation.
J.
Exit doors. Every door available as an exit shall
be capable of being opened easily from the inside.
K.
Stairs, porches and railings. Stairs, porches, railings
and other exit facilities shall be adequate for safety.
L.
Exit facilities. All interior stairs and railings
and other exit facilities of every structure 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 the anticipated loads.
A.
General. All spaces or rooms shall be provided sufficient
light so as not to endanger health and safety. All spaces or rooms
shall be provided sufficient natural or mechanical ventilation so
as not to endanger health and safety. Where mechanical ventilation
is provided in lieu of the natural ventilation, such mechanical ventilating
system shall be maintained in operation during the occupancy of any
structure or portion thereof.
B.
Light in habitable rooms. Every habitable room, except
kitchens, toilet rooms, basement or cellar rooms and interior rooms
of townhouses and row houses, shall have at least one window facing
directly to the outdoors, a court or a porch. Every habitable room,
except kitchens and toilet rooms, shall have at least one door or
window which can be opened to adequately ventilate the room. Kitchens,
toilet rooms without windows, basement or cellar rooms and interior
rooms of townhouses and row houses shall have natural or mechanical
ventilation. The size of window shall not be less than 8% of the floor
area.
C.
Common halls and stairways. Every common hall and
stairway in every building, other than one-family dwellings, shall
be adequately lighted at all times with an illumination of at least
a sixty-watt light bulb. Such illumination shall be provided throughout
the normally traveled stairs and passageways.
D.
Other spaces. All other spaces shall be provided with
natural or artificial light of sufficient intensity and so distributed
as to permit the maintenance of sanitary conditions and the safe use
of the space and the appliances and fixtures.
E.
Toilet rooms. Every bathroom and water-closet compartment shall comply with the light and ventilation requirements for habitable rooms as required by Subsection B of this section, except that a window shall not be required in bathrooms or water-closet compartments equipped with an approved mechanical ventilation system.
F.
Cooking. Primary cooking facilities shall not be permitted
in any sleeping room or dormitory unit, except for efficiency apartments.
G.
Separation of unit. Dwelling units shall be separate
and apart from each other. With the exception of crib rooms or rooms
accommodating handicapped individuals, sleeping rooms shall not be
used as the only means of access to other sleeping rooms.
H.
Privacy. Hotel units, lodging units and dormitory
units shall be designed to provide privacy and be separate from other
adjoining spaces.
I.
Common access. A habitable room, bathroom or water-closet
compartment which is accessory to a dwelling unit shall not open directly
into or be used in conjunction with a food store, barber- or beauty
shop, doctors or dentists examination or treatment room or similar
room used for public purposes.
J.
Basement rooms and cellar rooms. Basement and cellar
rooms partially below grade shall not be used for sleeping purposes,
unless the basement and cellar room (or rooms) is (are) within the
specifications for sleeping rooms as provided for in this chapter.
K.
Dwelling units. Every dwelling unit shall contain
a minimum gross floor area of not less than 150 square feet for the
first occupant and one hundred square feet for each additional occupant.
The floor area shall be calculated on the basis of the total area
of all habitable rooms.
L.
Area for sleeping purposes. Every room occupied for
sleeping purposes by one occupant shall contain at least 64 square
feet of floor area.
N.
Prohibited use. It shall be prohibited to use for
sleeping purposes any kitchen, nonhabitable space or public space.
O.
Minimum ceiling heights.
(1)
Minimum ceiling heights generally. Habitable rooms
shall have a clear ceiling height over the minimum area required by
this chapter at not less than seven feet four inches, except that
in attics, basements or top half stories the ceiling height shall
be not less than seven feet over not less than 1/3 of the minimum
area required by this chapter when used for sleeping, study or similar
activity. In calculating the floor area of such rooms, only those
portions of the floor area of the room having a clear ceiling height
of five feet or more may be included.
(2)
Minimum ceiling heights in manufactured homes. Habitable
space in a manufactured home shall have a minimum ceiling height of
seven feet over 50% of the floor area, and the floor area where the
ceiling height is less than five feet shall not be considered in calculating
floor area.
[Amended 10-12-2010 by Ord. No. 2152]
P.
Required space in manufactured homes. Every manufactured
home shall contain a minimum gross floor area of not less than 150
square feet for the first two occupants and 100 square feet for each
additional occupant.
[Amended 10-12-2010 by Ord. No. 2152]
A.
General. Every dwelling unit shall include its own
plumbing facilities which are in proper operating condition, can be
used in privacy and are adequate for personal cleanliness and the
disposal of human waste. All plumbing is to be installed in accordance
with the State Plumbing Code.
B.
Water closet and lavatory. Every dwelling unit shall
contain a lavatory and a water closet supplied with cold running water.
The water closet shall not be located in a habitable room. The lavatory
may be placed in the same room as the water closet, or, if located
in another room, the lavatory shall be located in close proximity
to the door leading directly into the room in which said water closet
is located. The lavatory shall be supplied with hot and cold running
water. All running water shall be under pressure. Water supply shall
be deemed adequate if it is capable of delivering 35 gallons per person
per day to the house at a peak of 2 1/2 times the average hourly
demand.
C.
Bathtub or shower. Every dwelling unit shall contain
a room which affords privacy to a person in said room and which is
equipped with a bathtub or shower supplied with hot and cold running
water.
D.
Sink. Every dwelling unit shall contain a kitchen sink apart from the lavatory required under Subsection B of this section and shall be supplied with hot and cold running water.
E.
Rooming house. At least one water closet, lavatory
basin and bathtub or shower, properly connected to an approved water
and sewer system and in good working condition, shall be supplied
for each four rooms within a rooming house, wherever said facilities
are shared. Every lavatory basin and bathtub or shower shall be supplied
with hot and cold water at all times.
F.
Hotels. Where private water closets, lavatories and
baths are not provided, one water closet, one lavatory and one bathtub,
accessible from a public hallway, shall be provided on each floor.
Each lavatory, bathtub or shower shall be supplied with hot and cold
water at all times.
G.
Privacy. Toilet rooms and bathrooms shall be designed
and arranged to provide privacy.
H.
Direct access. Toilet rooms and bathrooms shall not
be used as a passageway to a hall or other space or to the exterior.
At least one toilet or bathroom in a dwelling unit shall be accessible
from any sleeping room without passing through another sleeping room.
I.
Same story. Toilet rooms and bathrooms serving hotel
units, lodging units or dormitory units, unless located within such
respective units or directly connected thereto, shall be provided
on the same story with such units and be accessible only from a common
hall or passageway.
J.
Floors. Bathrooms and toilet rooms shall be provided
with floors of moisture-resistant material.
K.
Connections. Water supply lines, plumbing fixtures,
vents and drains shall be properly installed, connected and maintained
in working order and shall be kept free from obstructions, leaks and
defects and capable of performing the function for which they are
designed.
L.
Clean and sanitary maintenance. All plumbing facilities
shall be maintained in a clean and sanitary condition by the occupant
so as not to breed insects and rats or produce dangerous or offensive
gases or odors.
M.
Access for cleaning. Plumbing fixtures shall be installed
so as to permit easy access for cleaning both the fixtures and the
areas about them.
N.
Water conservation. Plumbing fixtures which are replaced
shall be of water-saving construction and use.
O.
Contamination. The water supply shall be maintained
free from contamination, and all water inlets for plumbing fixtures
shall be located above the overflow rim of the fixture.
P.
Supply. The water supply systems shall be installed
and maintained to provide, at all times, a supply of water to plumbing
fixtures, devices and appurtenances in sufficient volume and at pressures
adequate to enable them to function satisfactorily.
Q.
Water-heating facilities. Water-heating facilities
shall be properly installed, properly maintained and properly connected
with hot-water lines to the fixtures required to be supplied with
the hot water. Waterheating facilities shall be capable of heating
water to such a temperature so as to permit an adequate amount of
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 110° F.
R.
Connections. Every sink, lavatory, bathtub or shower,
drinking fountain, water closet or other facility shall be properly
connected to either a public sewer system or to an approved private
sewage disposal system.
S.
Maintenance. Every plumbing stack and 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.
T.
Storm drainage. An approved system of stormwater disposal
shall be provided and maintained for the safe and efficient drainage
of roofs and paved areas, yards and courts and other open areas on
the premises.
A.
Heating. Every dwelling unit and guest room shall
be provided with heating facilities capable of maintaining a room
temperature of 65° F. at a point three feet above the floor and
three feet from an exterior wall in all habitable, rooms, bathrooms
and toilet rooms.
B.
Cooking facilities. In every dwelling unit that contains
cooking and baking facilities for the purpose of preparation of food,
such facilities shall be properly installed by the owner and operated
and kept in a clean and sanitary working condition by the occupant.
C.
Refrigeration. In every dwelling unit that contains
a refrigeration unit for the temporary preservation of perishable
foods, such unit shall be capable of maintaining an average temperature
below 45° F. and shall be properly installed by the owner and
operated and kept in a clean and sanitary working condition by the
occupant.
D.
Cooking and heating equipment. All cooking and heating
equipment, components and accessories in every heating, cooking and
waterheating device shall be maintained free from leaks and obstructions
and kept functioning properly so as to be free from fire, health and
accident hazards.
E.
Installation. All mechanical equipment shall be properly
installed and safely maintained in good working condition and be capable
of performing the function for which it was designed and intended.
F.
Flue. All fuel-burning equipment designed to be connected
to a flue, chimney or vent shall be connected in an approved manner.
G.
Clearances. All required clearances from combustible
materials shall be maintained.
H.
Safety controls. All safety controls for fuel-burning
equipment shall be maintained in effective operation.
I.
Combustion air. A supply of air for complete combustion
of the fuel and for ventilation of the space shall be provided to
the fuel-burning equipment.
J.
Fireplaces. Fireplaces and other devices intended
for the use similar to a fireplace, including wood- and coal-burning
stoves, shall be stable and structurally safe and connected to approved
chimneys.
K.
Climate control. When facilities for interior climate
control (heating, cooling or humidity) are integral functions of structures
used as dwelling units, such facilities shall be maintained and operated
in a continuous manner in accordance with the designed capacity.
A.
Outlets required. Where there is electric service
available to a structure, every habitable room of a dwelling unit
and every guest room shall contain at least two separate and remote
outlets, one of which may be a ceiling- or wall-type electric light
fixture. In a kitchen, three separate and remote wall-type electric
convenience outlets, or two such convenience outlets and one ceiling-
or wall-type electric light fixture, shall be provided. Every public
hall, water-closet compartment, bathroom, laundry room or furnace
room shall contain at least one electric light fixture. In addition
to the electric light fixture in every bathroom and laundry room,
there shall be provided at least one electric outlet. Any new bathroom
outlet shall have ground-fault circuit-interrupter protection. Every
such outlet shall be maintained in good and safe working condition
and shall be connected to the source of electrical power in a safe
manner.
B.
Installation. All electrical equipment, wiring and
appliances shall be installed and maintained in a safe manner in accordance
with all applicable laws. All electrical equipment shall be of an
approved type.
C.
Defective system. Where it is found, in the opinion
of the Code Official, that the electrical system in a structure constitutes
a hazard to the occupants or the structure by reason of inadequate
service, improper fusing, insufficient outlets, improper wiring or
installation, deterioration or damage or for similar reasons, the
Code Official shall require the defects to be corrected to eliminate
the hazard.
A.
General. A safe, continuous and unobstructed means
of egress shall be provided from the interior of a structure to the
exterior at a street or to a yard, court or passageway leading to
a public open area at grade. All fire-protection and life safety devices
and equipment shall be maintained in accordance with the provisions
of the State Fire Prevention Rules and Regulations of the State of
Delaware.
B.
Direct exit. Every dwelling unit or guest room shall
have access directly to the outside or to a public corridor.
C.
Locked doors. All doors in the required means of egress
shall be readily openable from the inner side. Exits from dwelling
units, hotel units, lodging units and dormitory units shall not lead
through other such units or through toilet rooms or bathrooms.
D.
Fire escapes. All required fire escapes shall be maintained
in working condition and structurally sound.
E.
Exit signs. All exit signs shall be maintained, illuminated
and visible.
F.
Accumulations. Waste, refuse or other materials shall
not be allowed to accumulate in stairways, passageways, doors, windows,
fire escapes other means of egress.
G.
Flammable matter. Highly flammable or explosive matter,
such as paints, volatile oils and cleaning fluids, or combustible
refuse, such as waterpaper, boxes and rags, shall not be accumulated
or stored on residential premises except in reasonable quantities
consistent with normal usage.
H.
Residential unit. A dwelling unit or rooming unit
shall not be located within a structure containing an establishment
handling, dispensing or storing flammable liquids with a flash point
of 110° F. or lower.
I.
Fire alarms. Fire alarms and detecting systems shall
be maintained and be suitable for their respective purposes.
J.
Fire-suppression systems. Fire-suppression systems
shall be maintained in good condition, free from mechanical injury.
Sprinkler heads shall be maintained clean, free of corrosion and paint
and not bent or damaged.
K.
Fire extinguishers. All portable fire extinguishers
shall be visible and accessible and maintained in an efficient and
safe operating condition.
L.
Smoke-detector system. Every dwelling unit shall be
provided with an approved smoke detector tested and installed in accordance
with the Fire Prevention Rules and Regulations of the State of Delaware.
When activated, the detector shall be tested in accordance with and
meet the requirements of UL 217, Single and Multiple Station Smoke
Detectors.
A.
Cleanliness. Every occupant of a structure or part
thereof shall keep that part of the structure or premises thereof
which that occupant occupies, controls or uses in a clean and sanitary
condition. Every owner of a dwelling containing two or more dwelling
units shall maintain, in a clean and sanitary condition, the shared
or public areas of the dwelling and premises thereof. The owner of
the dwelling is responsible for the cleaning of the occupants area
before the space is rented to the occupant.
B.
Disposal of rubbish. Every occupant of a structure
or part thereof shall dispose of all rubbish in a clean and sanitary
manner by placing it in rubbish containers, equipped with tight-fitting
covers, as required by this chapter.
C.
Disposal of garbage. Every occupant of a structure
or part thereof shall dispose of garbage in a clean and sanitary manner,
securely wrapping such garbage and placing it in tight garbage storage
containers as required by this chapter, or by such other disposal
method as may be required by applicable laws or ordinances.
D.
Rubbish storage facilities. Every dwelling unit shall
be supplied with approved containers and covers for storage of rubbish,
and the owner, operator or agent in control of such dwelling shall
be responsible for the removal of such rubbish.
E.
Food preparation. All spaces used or intended to be
used for food preparation shall contain suitable space and equipment
to store, prepare and serve foods in a sanitary manner. There shall
be adequate facilities and services for the sanitary disposal of food
wastes and refuse, including facilities for temporary storage when
necessary.
F.
Supplied fixtures and equipment. The owner or occupant
of a structure or part thereof shall keep the supplied equipment and
fixtures therein clean and sanitary and shall be responsible for the
exercise of reasonable care in their proper use and operation.
G.
Furnished by occupant. The equipment and fixtures
furnished by the occupant of a structure shall be properly installed
and shall be maintained in good working condition, kept clean and
sanitary and free of defects, leaks or obstructions.
A.
Owner. The owner of any structure shall be responsible
for extermination of insects, rats, vermin or other pests within the
structure prior to renting, leasing or selling the structure.
B.
Tenant-occupant. The tenant-occupant of any structure
shall be responsible for the continued ratproof condition of the structure,
and, if the tenant-occupant falls to maintain the ratproof condition,
the cost of extermination shall be the responsibility of the tenant-occupant.
C.
Single occupancy. The occupant of a structure containing
a single dwelling unit shall be responsible for the extermination
of any insects, rats or other pests in the structure or on the premises.
D.
Multiple occupancy. Every owner, agent or operator
of two or more dwelling units or multiple occupancies or rooming houses
shall be responsible for the extermination of any insects, rats or
other pests in the public or shared areas of the structure and premises.
E.
Extermination procedures. The owner is responsible
for making the structure rodentproof. All baits used for extermination
shall be used as stated on the package label.
