§ 10-104. Space and occupancy standards.

(a)

Improper occupancy. Buildings or structures shall not be used for purposes other than those for which the building or structure was designed or intended, or in violation of any other provisions of the Code.

(b)

Room dimensions. (Not applicable to mobile homes manufactured prior to June 15, 1976.)

(1)

Ceiling heights. Habitable rooms in units shall have a ceiling height of not less than seven feet. In rooms with sloped ceilings, the required ceiling height shall be provided in at least 50 percent of the room. No portion of any room with a ceiling height of less than five feet shall be considered as contributing to the minimum floor area as required in this section.

(2)

Floor area.

a.

Every residential rental property dwelling unit shall contain at least 150 square feet of habitable floor space for the first occupant and an additional 100 square feet of habitable floor space for each additional occupant. Every room used for sleeping purposes shall have at least 70 square feet of floor space for the first occupant and an additional 30 square feet of floor space for each additional occupant.

b.

The building official may waive or modify the above-stated minimums in appropriate circumstances such as the birth or adoption of additional children, a temporary need for medical care for a family member, or care of children by a non-custodial parent, but in no case shall the number of persons occupying a dwelling unit create conditions that the building official deems to endanger the life, health, safety or welfare of the occupants.

(3)

Width. No room used for living or sleeping purposes shall be less than seven feet in any dimension. Each toilet shall be installed in a clear space of at least 27 inches in width.

(c)

Light and Ventilation . (Not applicable to mobile homes manufactured prior to June 15, 1976.)

(1)

General. For the purpose of determining light or ventilation required by this section, any room may be considered as a portion of an adjoining room if one-half of the common wall is open and unobstructed and provides an opening of at least ten percent of the floor area of the interior room.

(2)

Light. Every habitable room within a residential rental property dwelling unit shall be provided with windows or skylights with an area of at least ten percent of the floor area of the interior room. All public hallways, stairways and other exit ways shall be illuminated at all times with not less than five foot candles at the floor level.

(3)

Ventilation.

a.

Habitable rooms within a residential rental property dwelling unit shall be provided with natural ventilation by means of at least one open exterior window or skylight with an area of not less than one-twentieth of the floor area with a minimum of five square feet.

b.

In lieu of required exterior openings for natural ventilation, an approved mechanical ventilation system may be provided. Such system shall be capable of providing two air changes per hour in all habitable rooms and public hallways. In such case, one-fifth of the required air supply shall be taken from the outside.

c.

Bathrooms, water closet compartments and similar spaces shall be provided with natural ventilation by means of openable exterior openings with an area not less than one-twentieth of the floor area of such rooms with a minimum of one and one-half square feet.

d.

In lieu of required exterior openings for natural ventilation in bathrooms containing a bathtub or shower, and similar rooms, a mechanical ventilation system connected directly to the exterior capable of providing five air changes per hour is required. The point of discharge of exhaust containing only a toilet or lavatory or combination thereof, and similar rooms, may be ventilated with an approved mechanical circulating fan or a similar device designed to remove odors from the air.

e.

Clothes dryers must exhaust to the exterior of the home. Dryer exhaust piping must be clear of lint and debris.

(d)

Sanitation.

(1)

Dwelling units. Every dwelling unit shall be provided with a toilet, lavatory, and either a bathtub or shower. These facilities shall be located within the same building as the occupants and occupants shall not be required to go outside the building or through another dwelling unit to reach the facilities.

(2)

Fixtures. All plumbing fixtures and piping shall be maintained as provided in the building code. Each plumbing fixture shall be provided with hot and cold running water necessary for its normal operation and be properly connected to an approved water and sewer system. Plumbing system waste piping shall be maintained free of all sewage obstructions and leaks. Potable water piping shall be free of leaks. All plumbing fixtures shall be of smooth, impervious, easily cleanable surfaces, and be maintained in safe and sanitary working conditions free of cracks, breaks, rust and leaks. All plumbing fixtures shall be of an approved glazed earthenware type or similar nonabsorbent material. All plumbing fixtures shall be adequately secured so that no strain is placed on the piping connections.

(3)

Lavatory basins. Every room containing a toilet shall have a lavatory basin located in the same room or in the room immediately adjacent to the room containing the toilet. Laundry tubs, kitchen sinks, or bathtubs are not acceptable substitutes for lavatory purposes.

(4)

Room separation. Every room containing a toilet, bathtub or shower shall be completely enclosed by partitions, doors, or windows from floor to ceiling and wall-to-wall which will afford privacy to the occupant.

(5)

Bathtub and shower enclosures. The interior of every shower enclosure shall be watertight, maintained in sound condition, and be easily cleanable. Walls and floors of every shower enclosure shall be made of smooth, non-absorbent materials free of sharp edges and properly sloped to drain completely. Joints in any bathtub or shower enclosure shall be maintained waterproof with caulking or similar material. Repairs shall be required if more than two square feet of the enclosure wall or floor is no longer waterproof or more than two linear feet of caulking has failed, or if the leak is causing an unsafe electrical condition.

(6)

Kitchen sink. Every dwelling unit shall contain a kitchen sink of seamless construction and be impervious to water and grease. Sinks shall be provided with operational garbage disposals.

(7)

Openings for piping. All exterior openings into the interior of the building, including those in a crawl space provided for the passage of piping, shall be properly sealed so as to be rodent and insect resistant and securely fastened in place.

(8)

Environmental health. All surfaces in and around the dwelling unit shall be maintained free of mold and mildew.

(e)

Structural requirements.

(1)

General. Roofs, floors, walls, foundations, ceilings, stairs, handrails, guardrails, doors, porches, all other structural components, and all appurtenances thereto shall be capable of resisting any and all forces and loads to which they may be normally subjected, and shall be kept in sound condition and in good repair.

(2)

Foundations. Every foundation shall be maintained plumb and free of open cracks and breaks, kept in sound condition and good repair, and shall be weather tight and watertight.

(3)

Weather protection. Every foundation, floor, roof, ceiling, and exterior and interior wall, and all exterior doors and windows shall be weather tight and watertight and maintained free of holes, cracks or other defects that admit moisture so as to provide shelter for the occupants against the elements and to otherwise exclude dampness. Windows that are designed to open vertically shall be capable of remaining open without the use of tools, props or special knowledge.

(4)

Interior maintenance. Floors, walls, doors, and ceilings shall be secure and free of holes, cracks, and breaks. Floor coverings shall be free from any defects that could cause tripping or would prevent the floor from being easily cleaned. Floor coverings such as carpeting, tile, linoleum, and similar material shall be repaired or replaced when more than ten percent of the floor covering area is severely deteriorated or if defects create an unsafe or unsanitary condition. Floor coverings that have tears in excess of six inches in length, which are raised above the floor surface and present a tripping hazard, shall be repaired.

(5)

Drainage. All rain water shall be so drained and conveyed away from every roof and away from every foundation so as to not cause dampness in basements or in walls, ceilings, or floors of any building, or erosion of exterior surfaces. Water shall not be discharged in a manner that adversely affects the safety of the general public.

(f)

Mechanical requirements.

(1)

Heating.

a.

Every residential rental property dwelling unit shall be provided with heating facilities capable of maintaining a room temperature of at least 68 degrees Fahrenheit in all habitable rooms. Electric heating appliances that are not permanently installed, cooking appliances of any type, or decorative appliances, shall not be considered heating facilities for the purpose of providing heat as required by this section. Unvented fuel-burning heaters or decorative appliances are not permitted except as permitted and approved by the building code.

b.

All heating devices or appliances shall be of an approved type and installed as required in the building code and maintained in safe working condition. Required clearances to protected or unprotected combustible materials shall be maintained for heating equipment as well as sufficient clearance to permit the cleaning, maintenance, service and repair of the appliance. Required clearances are those listed on the equipment or otherwise required by the building code. Venting systems for gas-fired appliances shall be maintained in accordance with the building code.

c.

Except within an efficiency dwelling unit, gas-fired water heaters shall not be installed in any sleeping area. Water heating equipment serving any dwelling unit shall be provided in conformance with the least restrictive provisions of the building code.

d.

Closets containing heating equipment shall be kept free of stored items, combustibles, flammables, or accelerants.

(2)

Electrical.

a.

All electrical equipment, wiring, and appliances shall be installed and maintained in a safe manner in accordance with the building code. All electrical equipment shall be permanently installed and be an integral part of the electrical wiring of the entire building. Electrical appliance or fixture cords shall be protected with proper coverings having no frayed or exposed wiring.

b.

Every habitable room, bathroom, kitchen, laundry room, water closet compartment, furnace room and public hallway or stairway shall be provided with electrical outlets and fixtures in conformance with the least restrictive provisions of the building code. Electrical light fixtures shall house only those bulbs approved by the manufacturer. Wattage of bulbs shall not exceed the manufacturer's maximum wattage recommendations for the fixture. Exterior fixtures shall be free of missing or broken globes that may leave the bulb exposed to the elements.

c.

Breaker panels shall be readily accessible and not blocked or covered by storage or decoration. There shall be no unapproved openings within any electrical enclosure.

(3)

Extension cords. Extension cords shall not be used as permanent electrical wiring or for required electrical outlets. No extension cords shall extend or pass from one room to another room. No extension cord shall be placed across any doorway, through any wall or partition, or in an area where such cord is subject to physical damage.

(g)

Exits .

(1)

General. All buildings or structures shall be provided with exits, including stairways, handrails, and guardrails, and have access to the public way as required by the building code. All doors, windows, corridors, stairways, fire escapes or other means of egress shall be maintained free of stored or discarded materials, or other obstructions or locks, as to prevent or impede egress from the building or structure.

(2)

Dwelling units. Every residential rental property dwelling unit or guest room shall have access directly to the exterior of the building or to a public corridor that leads to the exterior. Sleeping rooms located below the fourth story and in basements shall have at least one operable window or exterior door meeting the building code requirements for emergency escape or rescue. These required windows or doors shall be operable from the inside to provide the required full clear opening without the use of separate tools or keys and not requiring special knowledge or effort.

(h)

Appliances. Appliances, whether supplied by the owner or tenant, shall be maintained in good working condition, free of leaks or other defects, so as not to cause any unsafe or unsanitary condition.

(Ord. No. 13-02, § 1, 2-5-2013)