Chapter 15.16 — MINIMUM HOUSING REQUIREMENTS

This chapter shall be known as the "minimum housing requirements," and may be cited as such, and will be referred to in this chapter as "this code."

(Ord. 296 § 2(part), 2000: prior code § 12-501)

The purpose of this code is to provide minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public and the owners and occupants of residential and nonresidential buildings.

(Prior code § 12-502)

For the purposes of this chapter:

"Apartment house" means any building, or portion thereof, which is designed, built, owned, rented, leased, let, or hired out to be occupied, or which is occupied, as the home or residence of three or more families living independently of each other and doing their own cooking in the building.

"Building" means any structure designed to be used for a purpose other than living, sleeping, cooking, or eating.

"Dwelling" or "dwelling unit" means any structure designed to be used for or a portion used for human habitation.

"Rooming house" means any dwelling, other than a hotel or motel, or that part of any dwelling containing one or more rooming units, and/or one or more dormitory rooms in which persons either individually or as families are housed with or without meals being provided.

(Ord. 296 § 2(part), 2000: prior code § 12-508)

A.

The provisions of this code shall apply to all buildings or portions thereof used, or designed or intended to be used, for human habitation, and all buildings or portions thereof not designed or intended to be used for human habitation, which have become a public nuisance.

B.

Every rooming house or lodging house shall comply with all requirements of this code for dwellings.

(Prior code § 12-503)

Notwithstanding anything set forth or provided for in this code, if other provisions of this code, or other applicable law, rules or regulations, are more restrictive than the provisions contained in this code, then such other laws, ordinances, rules or regulations shall be applicable.

(Prior code § 12-504)

This code is not an exclusive regulation of housing within the city. It shall supplement and be in addition to all other regulatory law, codes or ordinances.

(Prior code § 12-505)

A.

Every dwelling unit shall have a room or portion of a room in which food may be prepared, which shall have adequate circulation area, and which shall be equipped with the following:

A kitchen sink in good working condition and properly connected to a water supply system which is approved by the health officer and which provides at all times an adequate amount of heated and unheated running water under pressure, and which is connected to a sewer system approved by the health officer.

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 safekeeping; and a counter or table for food preparation; the 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.

When a fuel-burning cook stove is installed, it shall be vented by means of a ceiling local vent.

B.

Within every dwelling unit there shall be a nonhabitable room which affords privacy to a person within the room and which is equipped with a flush toilet in good working condition. The flush toilet 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 toilet to be operated properly, and shall be properly connected to a sewer system which is approved by the health officer.

C.

Within every dwelling unit there shall be a lavatory sink. The lavatory sink may be in the same room as the flush toilet, or, if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which the toilet is located.

D.

Within every dwelling unit there shall be a room which affords privacy to a person within the room and which is equipped with a bathtub or shower in good working condition. The bathtub or shower may be in the same room as the flush toilet or in another room.

E.

The lavatory sink and the bathtub or shower 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 by the appropriate authority. Water inlets for lavatories and bathtubs shall be located above the overflow rim of these facilities.

F.

Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit.

(Prior code § 12-509.1)

A.

Every habitable room shall have at least one window openable directly outdoors. The minimum total window area, measured between stops, for every habitable room shall be equal to at least fifty percent of the minimum window area size or minimum skylight type window size, except where there is supplied some other device affording adequate ventilation and approved by the health officer. A mechanical ventilation system may be provided in lieu of openable windows for natural ventilation, where such system shall be capable of providing two air changes per hour in all guest rooms, dormitories, habitable rooms, and public corridors. One-fifth of the air supply shall be taken from the outside. In bathrooms, laundry rooms, and similar rooms lacking openable windows, a mechanical ventilation system connected directly to the outside, capable of providing five air changes per hour, shall be provided.

B.

When facilities for interior climate control (heating and cooling) 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.

C.

Each dwelling unit shall be supplied with an electrical service of adequate amperage rating based on the demand load.

D.

Every bedroom shall be supplied with at least one convenience outlet. Every bedroom and laundry room shall be supplied with at least one grounded outlet. Every other habitable room shall be supplied with at least two electrical outlets. Every kitchen shall be supplied with at least two grounded electrical outlets. One outlet shall be located in close proximity to the kitchen sink.

E.

Every room shall be supplied with adequate electrical lighting.

F.

All electrical wiring, switches, installations, and connections shall be installed and maintained in a manner to prevent undue shock or fire hazard.

(Prior code § 12-509.2)

Every dwelling unit and guest room shall be provided with heating facilities capable of maintaining a room temperature of seventy degrees Fahrenheit at a point three feet above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe condition. No unvented fuel-burning heater shall be permitted. All heating devices or appliances shall be of an approved type.

(Prior code § 12-509.3)

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 normal loads and shall be kept in sound condition and good repair. Every stair or step shall have uniform risers and uniform treads.

B.

Every foundation, roof and exterior wall, door, skylight and window shall be reasonably weather-tight, water-tight and damp-free, and shall be kept in sound condition and good repair. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint which is not lead-based paint or by other protective covering or treatment. Walls shall be capable of affording privacy for the occupants.

C.

Every premises shall be graded, drained, free of standing water, and maintained in a clean, sanitary and safe condition.

D.

Every window, exterior door and hatchway or similar device shall be so constructed to exclude insects, and every window or other device with openings to outdoor space shall be supplied with screens.

E.

Every dwelling, multiple dwelling, rooming house or accessory structure and the premises on which located shall be maintained in a rat-free and rat-proof condition.

All openings of a half-inch diameter or more in the exterior walls, foundations, basements, ground or first floors, and roofs shall be rat proofed in an approved manner.

All sewers, pipes, drains, or conduits and openings around such pipes and conduits shall be constructed to prevent the passage of rats to or from a building.

Interior floors of basements, cellars and other areas in contact with the soil shall be rat-proofed in an approved manner.

Accessory structures on the premises of a dwelling shall be structurally sound, maintained in good repair, and free of insects and rats or such structures shall be removed.

F.

Every plumbing fixture and all water and waste pipes shall be properly installed and maintained in good sanitary working condition.

G.

Every bathroom and kitchen floor surface shall be constructed and maintained in a clean waterproof and sanitary condition.

H.

All mechanical equipment shall be installed and maintained in a safe and clean manner.

I.

No owner, operator, or occupant shall cause any service, facility, equipment or utility which is required under this chapter to be removed from, or shut off from, or discontinued for any occupied dwelling or dwelling unit let or occupied by him; except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the appropriate authority.

(Prior code § 12-509.4)

A.

The maximum occupancy of any dwelling unit shall comply with the following:

Every dwelling unit shall have one habitable room with not less than one hundred and fifty square feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less than seventy square feet. No habitable room shall be less than seven feet in any direction.

The total number of persons shall be less than two times the number of habitable rooms within the dwelling unit.

B.

Not more than one family, plus two occupants unrelated to the family, except for guests or domestic employees, shall occupy a dwelling unit unless a permit for a rooming house has been granted by the city.

C.

The ceiling height of any habitable room shall be at least seven feet; except that in any habitable room under a sloping ceiling at least one half of the floor area shall have a ceiling height of at least seven feet, and the floor area of that part of such a room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy.

D.

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.

(Prior code § 12-510)

A.

No person shall operate or let to another for occupancy a rooming house, dormitory, motel or hotel which is not in compliance with the appropriate provisions of every section of this chapter.

B.

The following provisions shall apply:

Cooking in rooms is prohibited, except for approved kitchenettes;

All food service and dining facilities provided for the occupants shall comply with applicable food service legislation.

C.

Unless exempted by the health officer in writing, the operator 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.

D.

Every rooming unit occupied by one person shall contain at least one hundred fifty square feet of floor space and every rooming unit occupied by more than one person shall contain at least seven square feet for each additional occupant thereof.

E.

Access to each rooming unit shall be provided without passing through any other rooming unit.

(Prior code § 12-513)

A.

No owner or other person shall occupy or let to another person any dwelling or dwelling unit unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable legal requirements.

B.

Every owner of a dwelling containing three 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 units and premises thereof that he occupies and controls.

D.

Every occupant of a dwelling or dwelling unit shall store and dispose of all his rubbish in a clean, sanitary and safe manner.

E.

Every occupant of a dwelling or dwelling unit shall store and dispose of all his garbage, refuse and any other organic waste which might provide food for insects and/or rodents in a clean, sanitary, and safe manner. All garbage cans and refuse containers shall be rat-proof, insect-proof, water-tight, structurally strong to withstand handling stress and 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.

F.

Every owner of a dwelling containing three or more dwelling units shall supply facilities or refuse containers for the sanitary and safe storage and/or disposal of rubbish and garbage.

G.

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 chapter 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 becomes the responsibility of the occupant. The occupant's responsibility shall be exclusive to his or her dwelling unit.

H.

Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of insects, and 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 dwelling unit is the only one infested. Whenever the infestation is caused by failure of the owner to maintain a dwelling in a rat proof or reasonable insect-proof 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.

I.

No owner or occupant shall accumulate rubbish, boxes, lumber, scrap metal, or any other materials in a manner that may provide rat harborage. Stored materials shall be stacked neatly in piles elevated at least eighteen inches above the ground or floor.

J.

Every occupant of a dwelling unit shall keep all supplied fixtures and facilities clean, sanitary, and operable and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.

K.

Every owner shall provide and maintain a unit free from hazards to health due to the presence of toxic substances.

L.

No owner or occupant shall apply a lead-based paint to any surface in any dwelling, dwelling unit, rooming house and/or rooming unit.

(Prior code § 12-511)