Every owner of a dwelling containing two or
more dwelling units shall be responsible for maintaining in a clean
and sanitary condition the shared or public areas of the dwelling
and premises thereof.
Every occupant of a dwelling or dwelling unit
shall keep in a clean and sanitary condition that part of the dwelling,
dwelling unit and premises thereof which he occupies and controls.
Every occupant of a dwelling or dwelling unit shall dispose of all his garbage, and any other organic waste which might provide food for rodents, in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storage containers required by § 120-27.
Every occupant of a dwelling or dwelling unit
shall be responsible for hanging all screens and double or storm doors
and windows whenever the same are required under the provisions of
this chapter or of any rule or regulation adopted pursuant thereto,
except where the owner has agreed to supply such service.
Every occupant of a dwelling containing a single
dwelling unit shall be responsible for the extermination of any insects,
rodents or other pests therein or on the premises. Every occupant
of a dwelling unit in a dwelling containing more than one dwelling
unit shall be responsible for such extermination whenever his dwelling
unit is the only one infested. Notwithstanding the foregoing provisions
of this section, 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 or public parts of any dwelling containing
two or more dwelling units, extermination thereof shall be the responsibility
of the owner.
Every occupant of a dwelling unit shall keep
all plumbing fixtures therein in a clean and sanitary condition and
shall be responsible for the exercise of reasonable care in the proper
use and operation thereof.
No person shall occupy, or let to another for
occupancy, any dwelling or dwelling unit for the purpose of living
therein which does not comply with the following requirements:
A.
Floor space per person. Every dwelling unit shall
contain at least 150 square feet of floor space for the first occupant
thereof and at least 100 additional square feet of floor space for
every additional occupant thereof, the floor space to be calculated
on the basis of total habitable room area.
B.
Floor space for sleeping purposes. 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,
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.
C.
Access from bedrooms. No dwelling or dwelling unit
containing two or more sleeping rooms shall have such 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 or a bathroom or water closet compartment.
D.
Ceiling height. At least 3/4 of the floor areas of
every habitable room in a multiple dwelling shall have a ceiling height
of at least seven feet eight inches, and the floor area of that part
of any 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 thereof.
E.
Cellars. No cellar space shall be used as a habitable
room or dwelling unit.
F.
Basements. No basement space shall be used as a habitable
room or dwelling unit unless:
(1)
The floor and walls are impervious to leakage of underground
and surface runoff water and are insulated against dampness.
(2)
The total of window area in each room is equal to at least the minimum window area sizes as required in Subsection A of this section.
(3)
Such required minimum window area is located entirely
above the grade of the ground adjoining such window area.
(4)
The total of openable window area in each room is equal to or least the minimum as required under Subsection B of this section except where there is supplied some other device affording adequate ventilation and approved by the Director of Health.
(5)
Such room or rooms shall be at least eight feet six
inches high in each part, from the floor to the ceiling, and such
ceiling shall be at least four feet six inches above the outside ground
level.
No person shall occupy as owner-occupant, or
let to another for occupancy, any dwelling or dwelling unit, for the
purpose of living, sleeping, cooking or eating therein, which does
not comply with the following requirements:
A.
Kitchen sink. Every dwelling unit shall contain a
kitchen sink in good working condition and properly connected to a
water and sewer system approved by the Director of Health.
B.
Toilet and wash basin. Every dwelling unit, except as otherwise permitted under Subsection D of this section, shall contain a room which affords privacy to a person within the room and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to a water and sewer system approved by the Director of Health.
C.
Bathtub or shower. Every dwelling unit, except as otherwise permitted under Subsection D of this section, shall contain, within a room which affords privacy to a person within the room, a bathtub or shower in good working condition and properly connected to a water and sewer system approved by the Director of Health.
D.
Sharing toilet, wash basin, and bathtub or shower.
The occupants of not more than two dwelling units may share a single
flush water closet, a single lavatory basin and a single bathtub or
shower, provided that:
(1)
There shall be at least one flush water closet for
each two dwelling units of three rooms or fewer each and one such
closet for each dwelling unit of four or more rooms.
(2)
In each dwelling erected or subdivided after June
30, 1941, there shall be a water closet in each dwelling unit of two
or more rooms. In each dwelling erected after August 31, 1930, and
prior to July 1, 1941, there shall be a water closet in each dwelling
unit of three or more rooms and at least one water closet for each
two dwelling units of fewer than three rooms each.
(3)
Such water closet, lavatory basin, and bathtub or
shower are in good working condition and properly connected to a water
and sewer system approved by the Director of Health, and are on the
same floor as the dwelling units which it serves.
F.
Rubbish storage. Every dwelling unit shall have adequate
rubbish storage facilities whose type and location are approved by
the Director of Health.
G.
Garbage disposal facilities. Every dwelling unit shall
have adequate garbage disposal facilities or garbage storage containers,
whose type and location are approved by the Director of Health.
H.
Water heaters. Every dwelling shall have supplied, or every dwelling unit shall have provisions made for the installation of, water-heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot water lines required under the provisions of Subsection E of this section and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120° F. Such supplied water-heating facilities shall be capable of meeting the requirements of this Subsection when the dwelling, or dwelling unit, heating facilities required under the provisions of § 120-28E are not in operation.
I.
Exits. Every dwelling unit shall have safe, unobstructed
means of egress leading to safe and open space at ground level as
required by the laws of the state and the Town and approved by the
Building Department.
No person shall occupy as owner-occupant, or
let to another for occupancy, any dwelling unit, for the purpose of
living therein, which does not comply with the following requirements:
A.
Window area per room. Every habitable room shall have
at least one window or skylight facing directly to the outdoors. The
minimum total window area, measured between stops, for every habitable
room shall be at least 1/8 of the floor area of such room. Whenever
walls or other portions of structures face a window of any such room
and such 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 a window shall not be deemed to face directly to
the outdoors and shall not be included as contributing to the required
minimum total window area. Whenever the only window in a room is a
skylight-type window in the top of such room, the total window area
of such skylight shall equal at least 15% of the total floor area
of such room.
B.
One window per room to open. Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall 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 Director of Health.
C.
Window area for bathroom and toilet. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in Subsections A and B of this section, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in continuous operation and approved by the Director of Health.
D.
Electric outlets. Where there is electric service
available from power lines which are not more than 300 feet away from
a dwelling, every habitable room of such dwelling shall contain at
least two separate floor- or wall-type electric convenience outlets
or one such convenience outlet and one supplied ceiling-type electric
light fixture, and every water closet compartment, bathroom, laundry
room, furnace room and public hall shall contain at least one supplied
ceiling- or wall-type electric light fixture. Every such outlet and
fixture shall be properly installed, shall be maintained in good and
safe working condition and shall be connected to the source of electric
power in a safe manner.
E.
Heating facilities. Every dwelling shall have, or
every dwelling unit shall have provisions made for the installation
of, heating facilities which are properly installed, are maintained
in safe and good working condition and are capable of safely and adequately
heating all habitable rooms, bathrooms and water closets in every
dwelling unit located therein to a temperature of at least 68°
F. at a distance of three feet above floor level.
F.
Lighting for hallways. Every public hall and stairway
and every multiple dwelling containing five or more dwelling units
shall be adequately lighted at all times. Every public hall and stairway
in structures devoted solely to dwelling occupancy and containing
not more than four 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.
G.
Screens. During that portion of each year when the
Director of Health deems it necessary for protection against mosquitoes,
flies and other insects, every door opening directly from a dwelling
unit to outdoor space shall have supplied screens and a self-closing
device, and every window or other device with openings to outdoor
space, used or intended to be used for ventilation, shall likewise
be supplied with screens.
H.
Basement screens for rodent protection. Every basement
or cellar window used or intended to be used for ventilation and every
other opening to a basement which might provide an entry for rodents
shall be supplied with a screen or such other device as will effectively
prevent their entrance.
No person shall occupy as owner-occupant, or
let to another for occupancy, any dwelling or dwelling unit, for the
purpose of living therein, which does not comply with the following
requirements:
A.
Foundations, floors, roofs, etc., to be weathertight,
rodentproof and in good repair. Every foundation, floor, wall, ceiling
and roof shall be reasonably weathertight and rodentproof, shall be
capable of affording privacy and shall be kept in good repair. All
exterior surfaces shall be protected from the elements and decay by
paint or other protective covering or treatment using nontoxic materials
where readily accessible to children.
[Amended 10-21-1993]
B.
Windows, doors, etc., to be weathertight, etc. Every
window, exterior door and basement hatchway shall be reasonably weathertight
and rodentproof and shall be kept in sound working condition and good
repair.
C.
Stairs, porches, etc., to be safe. Every inside and
outside stair, every porch and every appurtenance thereto shall be
so constructed as to be safe to use and capable of supporting the
load that normal use may cause to be placed thereon and shall be kept
in sound condition and good repair.
D.
Plumbing to be sanitary and in good repair. Every
plumbing fixture and water and waste pipe shall be properly installed
and maintained in good sanitary working condition, free from defects,
leaks and obstructions.
E.
Floors of toilets, etc., to be waterproof, easily
cleaned. Every water closet compartment floor surface and bathroom
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.
F.
Equipment supplied to be safe and effective. Every
supplied facility, piece of equipment or utility which is required
under this Part 1 shall be so constructed or installed that it will
function safely and effectively and shall be maintained in satisfactory
working condition.
G.
Utilities, etc., not to be cut off. No owner, operator
or occupant shall cause any service, facility, equipment or utility
which is required under this Part 1 to be removed from or shut off
from or discontinued for any occupied dwelling let or occupied by
him, except for such temporary interruption as may be necessary while
actual repairs or alterations are in process or during temporary emergencies
when discontinuance of service is approved by the Director of Health.
H.
Vacancies not to be let unless fit for habitation.
No owner shall occupy or let to any other occupant any vacant dwelling
unit unless it is clean, sanitary and fit for human occupancy.
I.
Lead paint.
[Added 10-21-1993]
(1)
Painted portions of all buildings used in whole or
in part for human habitation, as well as any accessory structures
on the premises thereof, shall be kept free of cracked, chipped, blistered,
flaked, loose or peeling paint. Any such surface shall be properly
prepared and repainted with a paint or other covering conforming to
the standards as required in accordance with the Lead-Based Paint
Poisoning Prevention Act, Chapter 63 of the Social Security Act, as
the same may be amended from time to time.
(2)
The owners of all dwellings shall comply with the
requirements of § 19a-111c of the Connecticut General Statutes
concerning the removal of toxic levels of lead from dwellings, as
the same may be amended from time to time. The Director of Health
may require any such owner to submit evidence of compliance with the
requirements of the aforesaid provisions of the Connecticut General
Statutes from qualified testing firms acceptable to the Director.
(3)
Whenever the Director of Health receives a report
of lead poisoning or otherwise determines that a child under the age
of six has an abnormal body burden of lead, the Director may cause
the paint, water and soil on the premises of the dwelling in which
such child resides to be tested for lead content at the owner's
expense. The Director shall take appropriate action to compel abatement
of hazardous conditions if the lead content of paint, water or soil
on such premises exceeds the permissible limits thereof as established
in this subsection. For purposes of this subsection, abatement shall
be required if the lead content of paint on the premises exceeds the
standards established in accordance with the Lead-Based Paint Poisoning
Act, Chapter 63 of the Social Security Act, as the same may be amended
from time to time. Similarly, abatement shall be required if the lead
content of water on the premises meets or exceeds 0.05 of one milligram
per liter. Abatement of soil may be required when lead levels are
500 parts per million or greater.
(4)
The Director of Health may engage or order the engagement
of qualified firms to perform testing for lead content in paint, water
and soil. In addition, the Director may engage or order the engagement
of firms to conduct abatement to ensure compliance with state regulations
and with abatement orders issued pursuant to this section or to certify
that abatements have been successfully accomplished, all at the owner's
expense.
(5)
Permits.
[Amended 6-13-2005 by Ord. No. 05-17]
(a)
A permit must be obtained from the Director
of Health or his/her authorized agent prior to the commencement of
abrasive blasting, sandblasting, media blasting, or similar abrasive
paint removal operations on any exterior surface. Permit fees shall
be established by the Town Council upon the recommendation of the
Director of Health and may be revised on an annual basis. The Director
of Health will act on the permit request within five working days
of receipt of the application for permit. Surfaces to be abrasive
blasted, sandblasted or media blasted or where similar abrasive paint
removal operations will be conducted, must first be tested for lead
by the Health Department or by an approved method. If the testing
reveals the presence of lead, the property owner or contractor must
perform the work according to stipulated mandates, including the use
of equipment to ensure that no particulate matter and/or fugitive
dust shall escape into the atmosphere, soil, water, or onto other
property.
(b)
A permit must be obtained from the Director
of Health or his/her authorized agent prior to the commencement of
power grinding, power sanding, water blasting, or similar abrasive
paint removal operations on any exterior surface involving more than
50 square feet of surface area. Permit fees shall be established by
the Town Council upon the recommendation of the Director of Health
and may be revised on an annual basis. The Director of Health will
act on the permit request within five working days of receipt of the
application for permit. Surfaces to be to be treated by power grinding,
power sanding, water blasting or similar abrasive paint removal operations,
must first be tested for lead by the Health Department or by an approved
method. If the testing reveals the presence of lead, the property
owner or contractor must perform the work according to stipulated
mandates, including the use of equipment to ensure that no particulate
matter and/or fugitive dust shall escape into the atmosphere, soil,
water, or onto other property.
The designation of dwellings or dwelling units
as unfit for human habitation and the procedure for condemnation and
placarding of such unfit dwellings or dwelling units shall be carried
out in compliance with the following requirements:
A.
Defects enumerated; placard to be posted. Any dwelling
or dwelling unit which shall be found to have any of the following
defects shall be condemned as unfit for human habitation and shall
be so designated and placarded by the Director of Health:
(1)
One which is so damaged, decayed, dilapidated, insanitary,
unsafe or vermin-infested that it creates a serious hazard to health
or safety of the occupants or of the public.
(2)
One which lacks illumination, ventilation or sanitation
facilities adequate to protect the health or safety of the occupants
or of the public.
(3)
One which, because of its general condition or location,
is unsanitary or otherwise dangerous to the health or safety of the
occupants or of the public.
B.
Dwelling to be vacated. Any dwelling or dwelling unit
condemned as unfit for human habitation and so designated and placarded
by the Director of Health shall be vacated within a reasonable time
as ordered by the Director of Health.
C.
Written approval required to reinhabit. No dwelling
or dwelling unit which has been condemned and placarded as unfit for
human habitation shall again be used for human habitation until written
approval is secured from, and such placard is removed by, the Director
of Health. The Director of Health shall remove such placard whenever
the defect or defects, upon which the condemnation and placarding
action were based, have been eliminated.
Any person affected by any notice which has
been issued in connection with the enforcement of any provision of
this article or of any rule or regulation adopted pursuant thereto
may request and shall be granted a hearing on the matter before the
Director of Health, provided that such person shall file in the office
of the Director of Health a written petition requesting such hearing
and setting forth a brief statement of the grounds therefor, within
10 days after the day the notice was served. Upon receipt of such
petition, the Director of Health shall set a time and place for such
hearing and shall give the petitioner written notice thereof. At such
hearing, the petitioner shall be given an opportunity to be heard
and to show why such notice should be modified or withdrawn. The hearing
shall be commenced not later than 10 days after the day in which the
petition was filed, provided that, upon application of the petitioner,
the Director of Health may postpone the date of the hearing for a
reasonable time beyond such ten-day period if, in his judgment, the
petitioner has submitted a good and sufficient reason for such postponement.
