RESERVATION BAY MILLS

RESERVATION BAY MILLS

ADOPTED. APRIL 22, 1968

BASIC HOUSING CODE R7-8

ARTICLE 1

ADMINISTRATION AND ENFORCEMENT

KKK

SECTION H-100.0. SCOPE

H-101.0. TITLE. This code shall be known as the Minimum Housing

Standards Code for dwellings and multi-family dwellings and is

herein referred to as the Housing Code or "this code".

H-101.1 PURPOSE. The purpose of this code is to protect the

public health, safety and welfare in buildings used for dwelling

purposes as hereinafter provided by:

1. Establishing minimum standards for basic equipment

and facilities for light, ventilation, space heating and

sanitation; for safety from fire; for space use and location; and

for safe and sanitary maintenance; for cooking equipment in all

dwellings and multi-family dwellings now in existence;

2. Fixing the responsibilities of owners, operators and

occupants of dwellings and multi-family dwellings;

3, Providing for administration, enforcement and

penalties.

H-120.0. MATTERS COVERED. The provisions of the Housing Code

shall apply to all structures used for human habitation, which are

now,or may become in the future, sub-standard 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;except as provided in section

H-112. The existence of such conditions, factors or

characteristics adversely affect public safety, health and welfare

and lead to the continuation, extension and aggravation of urban

blight. Adequate protection of the public, therefore, requires the

establishment and enforcement of these minimum housing standards.

H-102.1 TRAVEL TRAILERS AND MOBILE HOMES. All moveable units

used for human habitation, and the areas, grounds or parcels on

which they are located, as provided in section 425 of the Basic

Building Code, or such other codes, laws or ordinances of the

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municipality applicable thereto, shall comply with the requirements

of this Housing Code.

Every portion of a building or premise used or intended to be used

for residential purposes, except hotels and motels serving

transient guests only, rest homes, convalescent homes, and nursing

homes, shall comply with the provisions of this code, irrespective

of when such building shall have been constructed, altered, or

repaired, except as hereinafter provided.

H-110.1 APPLICATION OF BUILDING CODE. Any alterations to

buildings, or changes of use therein, which may be caused directly

or indirectly by the enforcement of this code shall be done in

accordance with applicable sections of the building code of the

municipality.

H-110.2 APPLICATION OF ZONING LAW. Nothing in this code shall

permit the establishment or conversion of a multi-family dwelling

in any zone except where permitted by the zoning law; nor the

continuation of such nonconforming use in any zone except as

provided therein.

H-111.0. CONFLICT WITH OTHER ORDINANCES. Except as provided in

section H-112.0, in any case where a provision of this code is

found to be in conflict with a provision of nay zoning, building,

fire, safety, or health ordinance or code of this municipality

existing on the effective date of this code, the provision which

establishes the higher standard for the promotion and protection of

the safety and health of the people shall prevail. In any case

where a provision of this code is found to be in conflict with a

provision of any other ordinance or code of this municipality

existing on the effective date of this code which establishes a

lower standard for the promotion, and protection of the safety and

health of the people, the provisions of this code shall prevail,

and such other ordinance or codes are hereby declared to be

repealed to the extent that they may be found in conflict with this

code.

H-112.-0. EXISTING BUILDING. Except where obvious hazards to life,

sanitation, or adjoining properties are involved, nothing in this

code shall require changes in any buildings which were built in

full compliance with the applicable codes in force at the time of

their construction or alteration, provided such buildings have been

properly maintained and used for only such use as originally

permitted.

This code establishes minimum requirements for the initial and

continued occupancy of all 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 as provided in this section.

Where no code existed at the time of the construction or alteration

of a building within the scope of this section, the provisions

hereof shall apply except that the building official shall have

authority to require safe exits in accordance with section 606.0 of

the Basic Building Code or such other codes of the municipality as

may be applicable.

H-112.1 EXISTING REMEDIES. Nothing in this code shall be deemed

to abolish or impair existing remedies of the municipality or its

officers or agencies relating to the removal or demolition of any

buildings which are deemed to be dangerous, unsafe, or unsanitary.

H-120.1 ENFORCEMENT OFFICER. It shall be the duty and

responsibility of the building official of the municipality to

enforce the provisions of the Housing Code as herein provided.

H-120.11. COORDINATION OF ENFORCEMENT. Inspection of premises and

the issuing of orders in connection therewith under the provisions

of this code shall be the exclusive responsibility of the building

official it is necessary or desirable to have inspection of any

condition by any other 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 code 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 on the case in question.

H-120.12. ADMINISTRATIVE LIABILITY. 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 the

Housing Code 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 prosecution of, a

criminal proceeding under this code shall be liable to damages

hereunder unless he acted with actual malice and without reasonable

an unlawful act or omission. Any suit brought against any officer,

agent, or employee of the municipality, as a result of any act

required or permitted in the discharge of his duties under this

code, shall be defended by the legal representative of the

municipality until the final determination of the proceedings

therein.

H-121.0 INSPECTIONS. The building official shall make or cause

to be made inspections to determine the conditions of dwellings,

multi-family dwellings, dwelling units, rooming houses, rooming

units, and premises in order to safeguard the safety, moral, and

welfare of the pubic under the provisions of this code. The

building official is authorized to enter any dwelling, dwelling

unit, multi-family dwelling, rooming house, or premises at any

reasonable time for the purpose of performing his duties under this

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code. The owner, operator, or occupant of every dwelling, multifamily dwelling, dwelling unit, rooming unit, or the person in

charge thereof shall give the building official free access thereto

and to all parts thereof and to the premises on which it is located

at all reasonable times for the purpose of such inspection,

examination and survey.

It shall be unlawful for any person to refuse entrance or impede an

inspector or officer authorized under this code in the performance

of duties and every such inspector or officer shall have the right

to enter, examine, and survey all premises, grounds, structures,

dwellings, and multi-family dwellings and every part thereof at all

reasonable times upon display of proper identification.

H-121.1 ACCESS BY OWNER OR OPERATOR. Every occupant of a4

dwelling unit or rooming unit, shall give the owner or operator

thereof, or his agent or employee, access to any part of such

dwelling unit, rooming unit, or this premises, at reasonable times

for the purpose of making such inspection, maintenance, repairs, or

alterations as are necessary to comply with the provisions of this

code.

SECTION H-130.0 CONDEMNATION

Dwellings or multi-family dwellings shall be condemned as dangerous

structures or unsafe for human habitation as herein provided.

H-130.1 DANGEROUS STRUCTURES. If all or part of any building or

structure (including among others a fence, billboard or sign) or

the equipment of the operation thereof (including among others the

heating plant, plumbing, electric wiring, moving stairways,

elevators and fire extinguishing apparatus) shall be found, in the

opinion of the building official, to be in an unsafe condition--

dangerous to life, limb, or property, he shall proceed to have the

same condemned pursuant to the applicable provisions of section 125

of the Basic Building Code or such other code or codes of the

municipality pertaining to unsafe structures.

H-130.2 STRUCTURES UNFIT FOR HUMAN OCCUPANCY. Whenever the

building official finds that any dwelling or multi-family dwelling

constitutes a hazard to the safety, health, or welfare of the

occupants or to the public because it lacks maintenance; or is in

disrepair, unsanitary, vermin infested or rodent-infested; or

because it lacks the sanitary facilities or equipment, or otherwise

fails to comply with the minimum provisions of this code, but as

not yet reached such state or complete disrepair as to be condemned

as a dangerous structure as hereinbefore provided, he may declare

such dwelling or multi-family dwelling as UNFIT FOR HUMAN

HABITATION and order it to be vacated.

If any dwelling or multi-family dwelling or any part thereof is

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occupied by more occupants than permitted under this code, or was

erected, altered or occupied contrary to law, such dwelling or

multi-family dwelling shall be deemed an unlawful structure and the

building official may cause such dwelling to be vacated. It shall

be unlawful to again occupy such dwelling until it or its

occupation, as the case may be, has been made to conform to the

law.

H-130.3. NOTICE. Notice of the declaration of any building under

the Hosing Code as unfit for human habitation and order to vacate

it shall be served as provided in the following sections. When the

condition requires the removal or demolition of the building such

notice shall be given as provided in section 125 of the Basic

Building Code and the building official shall have authority for

emergency measures as provided in section 126, subject to the

provisions of section 127 of the Basic Building Code or such other

codes or ordinances of the municipality pertaining to unsafe

buildings.

H-130.31 POSTING OF NOTICE. Any dwelling or multi-family dwelling

declared as UNFIT FOR HUMAN HABITATION shall be posted with a

placard by the building official. the placard shall include the

following:

i. Name of City;

2. The name of the authorized department

having jurisdiction;

as The chapter and section of the code under

which it is issued;

4, An order that the dwelling or multi-family

dwelling when vacated must remain vacant until

the provisions of the order are complied with

and the order to vacate is withdrawn;

5. The date that the placard is posted;

6. A statement of the penalty for defacing or

removal of the placard.

H-130.32. FORM OF NOTICE. Whenever the building official has

declared a dwelling or multi-family dwelling as unfit for human

habitation, he shall give notice to the owner of such declaration

and placarding of the dwelling or multi-family dwelling as unfit

for human habitation; such notice shall:

Le Be in writing;

Bi Include a description of the real estate

sufficient for identification;

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3. Include a statement of the reason or reasons

why it is being issued;

4. State the time to correct the conditions;

5. State the time occupants must vacate the

dwelling units.

H-130.33. SERVICE OF NOTICE. Service of notice to vacate shall be

as follows:

ds By delivery to the owner personally, or by

leaving the notice at the usual place of abode

of the owner with a person of suitable age and

discretion; or

2. By depositing the notice in the United States

Post Office addressed to the owner at this

last known address with postage prepaid

thereon; or

3. By posting and keeping posted for twenty-four

(24) hours a copy of the notice in placard

form in a conspicuous place on the premises to

be vacated.

H-130.34 REMOVAL OF PLACARD OR NOTICE. No person shall deface or

remove the placard from any dwelling or multi-family dwelling which

has been declared or placarded as unfit for human habitation except

by authority in writing from the building official.

H-130.4 VACATING OF DECLARED BUILDING. Any dwelling or multifamily dwelling which has been declared and placarded as unfit for

human habitation by the building official shall be vacated within

a reasonable time as required by the building official, and it

shall be unlawful for any owner or operator to let any person for

human habitation said dwelling, multi-family dwelling or dwelling

unit; and no person shall occupy any dwelling official as unfit for

human habitation after the date set forth in the placard.

H-130.41 OCCUPANCY OF BUILDING. No dwelling or multi-family

dwelling which has been declared or placarded as unfit for human

habitation shall again be used for human habitation until written

approval is secured from the building official. The building

official shall remove such placard whenever the defect or defects

upon which the declaration and placarding action were based have

been eliminated.

H.130.5 REPORT OF NOTICE TO VACATE. The building official shall

furnish a copy of each notice to vacate a building to the health

officer and the chief of the fire prevention bureau, and any other

designated official of the municipality concerned therewith.

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SECTION H-140.0 VIOLATIONS

Notice of violation shall be served upon the owner of record;

provided that such notice shall be deemed to be properly served

upon such owner if a copy thereof is delivered to him personally,

or if not found, by leaving a copy thereof at his usual place of

abode with a person of suitable age and discretion who shall be

informed of the contents thereof, or by sending a copy thereof by

mail to his last known address, or, if the letter with the copy is

returned showing it has not been delivered to him, by posting a

copy thereof in a conspicuous place in or about the dwelling

affected by the notice.

H-140.1. SERVICE OF NOTICE. Whenever the building official

determines that there has been or is a violation, or that there are

reasonable grounds to believe that there has been or is a violation

of any provision of this code, he shall give notice of such

violation or alleged violation to the person or persons responsible

therefore. Such notice shall:

Le Be in writing;

2 Include a description of the real estate sufficient

for identification;

3. Specify the violation which exists and the remedial

action required;

4. Allow a reasonable time for the performance of any

act it requires.

H-140.2. PROSECUTION OF VIOLATION. In case any violation order is

not promptly complied with, the building official may request the

legal representative to institute an appropriate action or

proceeding at law or in equity against the person responsible for

the violation, ordering him:

1. To restrain, correct or remove the violation or

refrain from any further execution of work;

Dis To restrain or correct the erection, installation,

or alteration of such building;

Bs. To require the removal of work in violation;

4. To prevent the occupation or use of the building,

structure, or part thereof erected, constructed,

installed or altered in violation of, or not in

compliance with the provisions of this code, or in

violation of a plan or specification under which an

approval, permit or certificate was issued; or

ES To enforce the penalty provisions of this code.

H-140.3. PENALTY FOR VIOLATIONS. Every person, firm, or

corporation who shall violate any provision of this code shall be

guilty of a misdemeanor, and upon conviction thereof shall be

punished by a fine or by imprisonment as provided in the laws of

the municipality for such misdemeanor. Each day that a violation

continues after due notice has been served in accordance with the

terms and provisions hereof, shall be deemed a separate offense.

SECTION H-150.0. WALIDITY

H-150.1. SEVERABILITY. If any section, subsection, paragraph,

sentence, clause or phrase of this code shall be declared invalid

for any reason whatsoever, such decision shall not affect the

remaining portions of this code which shall continue in full force

and effect; and to this end the provisions of this code are hereby

declared to be severable.

H-150.2. SAVING CLAUSE. This code shall not affect violations of

any other ordinance, code or regulation of the municipality

existing prior to the effective date hereof and any such violation

shall be governed and shall continue to be punishable to the full

extent of the law under the provisions of those ordinances, codes

or regulations in effect at the time the violation was committed.

ARTICLE 2

DEFINITIONS

SECTION H-200.0 SCOPE

Unless otherwise expressly stated, the following terms shall, for

the purpose of this code, have the meanings indicated in this

section.

H-200.1. INTERCHANGEABILITY. Words used in the present tense

include the future; works in the masculine gender include the

feminine and neuter; the singular number includes the plural and

the plural the singular.

H-200.2. TERMS DEFINED IN BUILDING CODE. Where terms are not

defined in this section and are defined in the Basic Building Code,

they shall have the meanings ascribed to them as in the building

code.

H-200.3. TERMS NOT DEFINED. Where terms are not defined under the

provisions of this code or under the provisions of the building

code, they shall have ascribed to them their ordinarily accepted

meanings or such as the context herein may imply.

SECTION H-210.0. APPLIED MEANING OF WORDS AND TERMS

APPROVED. Approved as applied to a material, device, or

method of construction shall mean approved by the

building official under the provisions of this

code, or approved by other authority designated by

law to give approval in the matter in question.

BASEMENT. A portion of the building partly underground, but

having less than half it s clear height below the

average grande of the adjoining ground. (See

cellar).

BASIC

BUILDING CODE. The Basic Building Code, latest edition and current

accumulative supplement officially adopted by the

municipality; or such other code as may be

officially designated by the legislative body of

the municipality for the regulation of

construction, alteration, addition, repair,

removal, demolition, use location, occupancy and

maintenance of buildings and structures.

BUILDING

OFFICIAL. The official designated by the municipality to

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CELLAR.

DWELLINGS:

1-FAMILY

2-FAMILY

MULTI-FAMILY/

enforce building, zoning or similar laws and this

code, or his duly authorized representative.

The portion of the building partly underground,

having half or more than half of its clear height

below the average grade of the adjoining ground.

A building containing one dwelling unit with not

more than five (5) lodgers or boarders.

A building containing two (2) dwelling unity with

not more than five (5) lodgers or boarders per

family but not more than twenty (20) individuals.

APARTMENT HOUSE A building containing more than two (2)

BOARDING HOUSE/

LODGING HOUSE/

TOURIST HOUSE

DORMITORY

HOTEL

DWELLING UNIT

ENFORCEMENT

OFFICER

EXTERIOR

PROPERTY AREAS

EXTERMINATION

dwelling units.*

A building arranged or used for lodging with

or without meals, for compensation, more than

five (5) and not more than twenty (20)

individuals.

A building arranged or used for lodging six (6) but

not more than twenty (20) individuals and having

common toilet and bathroom facilities.

A building arranged or used for sheltering,

sleeping, or feeding, for compensation, of more

than twenty (20) individuals.

One or more rooms arranged for the use of one CLY

or more individuals living together as a single

house-keeping unit, with cooking, living, sanitary

and sleeping facilities.*

The official designated herein or otherwise charged

with the responsibilities of administer this code,

or his authorized representatives.

The open space on the premises and on adjoining

property under the control of owners or operators

of such premises.

The control and elimination of insects, rodents or

other pests by eliminating their harborage places;

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by removing or making inaccessible materials that

may serve as their food; by poison spraying,

fumigating, trapping, or by any other approved pest

elimination methods.

*Whenever the words "multi-family dwelling", "residence

building", "dwelling unit", "rooming house", "rooming units",

or "premises" are used in this code, they shall be construed

as though they were followed by the words "or any part

thereof".

FAMILY A group of persons related by blood, marriage, or

adoption within and including the degree of first

cousins.

GARBAGE The animal and vegetable waste resulting from the

handling, preparation, cooking and consumption of

food.

GROSS FLOOR

AREA The total area of all habitable space in a building

or structure

HABITABLE

ROOM A room or enclosed floor space arranged for living,

eating and sleeping purposes (not including

bathrooms, water closet compartment, laundries,

pantries, foyers, hallways and other accessory

floor spaces).

HOTEL (See dwellings).

INFESTATION The presence, within or contiguous to a multifamily dwelling, dwelling unit, rooming house,

rooming unit, or premises, of insects, rodents,

vermin or other pests.

MOTEL For purposes of this code, a motel shall be defined

as a hotel.

MULTI-FAMILY

MULTIPLE DWELLING (See Dwellings).

OCCUPANT Any person over one year of age (including owner or

operator) living and sleeping in a dwelling unit or

having actual possession of said dwelling or

rooming unit.

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OPENABLE AREA

OPERATOR

OWNER

PERSON

PLUMBING OR

That part of a window or door which is available

for unobstructed ventilation and which opens

directly to the outdoors.

Any person who has charge, care or control of a

multi-family dwelling or rooming house, in which

dwelling units or rooming units are let or offered

for occupancy.

The owner or owners of the freehold of the premises

or lesser estate therein, a mortgagee or vendee in

possessions, assignee of rents, receiver, executor,

trustee, lessee or other person, firm or

corporation.

An individual, firm, corporation, association or

partnership.

PLUMBING FIXTURES - Water heating facilities, waters pipes,

PREMISES.

RESIDENCE

BUILDING

ROOMING

HOUSE

RUBBISH

gas pipes, garbage and disposal units,

waste lavatories, bathtubs, shower baths,

installed clothes washing machines, or

other similar equipment, catch basins,

drains, vents, or other similarly

supplied fixtures, together with all

connections to water, gas, sewer or vent

lines.

A lot, plot or parcel of land including the

buildings or structures thereon. *

A building in which sleeping accommodations or

sleeping accommodations and cooking facilities as a

unit are provided; except when classified as an

institution under the building code.*

Any residence building, or any part thereof,

containing one or more rooming units, in which

space is let by the owner or operator to more than

five (5) persons who are not members of the family.

(See dwellings--Boarding house) .*

Combustible and non-combustible waste materials,

except garbage; and the term shall include the

residue from the burning of wood, boxes, wood,

excelsior, rubber, leather, tree branches, yard

trimmings, tin cans, metals, mineral matter, glass,

crockery and dust and other similar material.

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SUPPLIED. Installed, furnished or provided by the owner or

operator.

VENTILATION. The process of supplying and removing air by

natural or mechanical means to or from any space.

MECHANICAL Ventilation by power-driven devices.

NATURAL. Ventilation by opening to outer air through

windows, skylights, doors, louvers, ofr stacks

without wind driven devices.

WORKMANLIKE.. Whenever the words “workmanlike state of

maintenance and repair" are used in this code, they

shall mean that such maintenance and repair shall

be made in a reasonably skillful manner.

YARD. An open unoccupied space on the same lot with a

building extending along the entire length of a

street, or rear, or interior lot line.

*Whenever the words "multi-family dwelling", "residence

building", “dwelling unit", "rooming house", "rooming unit",

thereof".

or "premises" are used in this code, they shall be construed

as though they were followed by the words "or any part

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ARTICLE 3

ENVIRONMENTAL REQUIREMENTS

SECTION H-300.0. SCOPE

The provisions of this article shall govern the minimum conditions

of property and buildings to be used for human occupancy. Every

building or structure occupied by humans, except as exempted by

section H-112.0, and the premises on which it stands, shall comply

with the conditions herein prescribed as they may apply thereto.

SECTION H-310.0 EXTERIOR PROPERTY AREAS

No person shall occupy as owner-occupant or let to another for

occupancy any dwelling unit for the purpose of living therein, or

premises, which does not comply with the following requirements.

The building official of the municipality shall cause periodic

inspections to be made of dwelling premises to secure compliance

with these requirements.

H-310.1. SANITATION. All exterior property areas shall be

maintained in a clean and sanitary condition free from any

accumulation of rubbish or garbage.

H-310.2. GRADING AND DRAINAGE. All premises shall be graded and

maintained so aS to prevent the accumulation of stagnant water

thereon, or within any building or structure located thereon.

H-310.3. NOXIOUS WEEDS. All exterior property areas shall be kept

free from species of weeds or plant growth which are noxious or

detrimental to the public health.

H-310.4. INSECT AND RODENT HARBORAGE. Every owner of a dwelling

or multi-family dwelling shall be responsible for the extermination

of insects, rodents, vermin, or other pests in all exterior areas

of the premises; except that the occupant shall be responsible for

such extermination in the exterior areas of the premises of a

single-family dwelling. Whenever infestation exists in the shared

or public parts of the premises of other than a single-family

dwelling, extermination shall be the responsibility of the owner.

H-310.5. ACCESSORY STRUCTURES. All accessory structures including

detached garages shall be maintained structurally sound and in good

repair.

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SECTION H-320.0 EXTERIOR STRUCTURE

No person shall occupy as owner-occupant, or let to another for

occupancy, any dwelling or multi-family dwelling, dwelling unit,

rooming house, rooming unit, or portion thereof for the purpose of

living therein; which does not comply with the following

requirements.

H-321.0 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 as to exclude rodents.

H-321.1 FOUNDATIONS. The foundation elements shall adequately

support the building at all points.

H-321.2 EXTERIOR WALLS. Every exterior wall shall be free of

holes, breaks, loose or rotting boards or timbers, and any other

conditions which might admit rain, or dampness to the interior

portions of the walls or to the occupied spaces of the building.

H-321.3. ROOFS. The roof shall be structurally sound, tight, and

have no defects which might admit rain; and roof drainage shall be

adequate to prevent rain water from causing dampness in the walls

or interior portion of the building.

H-322.0 STAIRS, PORCHES AND RAILING. Stairs and other exit

facilities shall be adequate for safety as provided in Section 606

of the Basic Building Code, and shall comply with the following

subsections.

H-322.1 STRUCTURAL SAFETY. 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

subjected as required by the building code; and shall be kept in

sound condition and good repair.

H-322.2. HANDRAILS. Where the building official deems it

necessary for safety, every flight of stairs, which is more than

two (2) risers high shall have handrails which shall be located as

required by the building code; and every porch which is more than

two (2) risers high shall have handrails so located and of such

design as required by the building code. Every handrail and

balustrade shall be firmly fastened and shall be maintained in good

condition.

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H-323.0. WINDOWS, DOORS AND HATCHWAYS. Every window, exterior

door, and basement hatchway shall be substantially tight and shall

be kept in sound condition and repair.

H-323.1. WINDOWS TO BE GLAZED. Every window sash shall be fully

supplied with glass window panes or an approved substitute which

are without open cracks or holes.

H-323.2. WINDOWS TO BE TIGHT. Every window sash shall be in good

condition and fit reasonably tight within its frame.

H-323.3. WINDOWS TO BE OPENABLE. Every window, other than a fixed

window, shall be capable of being easily opened and shall be held

in position by window hardware.

H-323.4. DOOR HARDWARE. Every exterior door, door hinge, and door

latch shall be maintained in good condition.

H-323.5. DOORS TO FIT IN FRAME. Every exterior door, when closed,

shall fit reasonably well within its frame.

H-323-6. WINDOW AND DOOR FRAMES TO FIT IN WALL. Every window,

door, and frame shall be constructed and 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 dwelling or multi-family dwelling.

H-323-7. BASEMENT HATCHWAYS. Every basement hatchway shall be so

constructed and maintained as to prevent the entrance of rodents,

rain, and surface drainage water into the dwelling or multi-family

dwelling.

H-323-8. EXIT DOORS. Every door available as an exit shall be

capable of being opened from the inside, easily and without the use

of a key.

H-324.0. SCREENING. Guards and screens shall be supplied for

protection against rodents and insects in accordance with the

following requirements.

H-324.1. GUARDS FOR BASEMENT WINDOWS. Every basement or cellar

window which is openable shall be supplied with corrosion-resistive

rodent-proof shields of not less than No. 22 U.S. gage perforated

steel sheets, or No. 20 B&S gage aluminum, or No. 16 U.S. gage

expanded metal or wire mesh screens, with not more than one-half

(1/2) inch mesh opening; or with other material affording

equivalent protection against the entry of rodents, including storm

windows.

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H-324.2. INSECT SCREENS. From June 1st to October 15th of every

year every door opening directly from any dwelling or multi-family

dwelling to the outdoors, and every window or outside opening used

for ventilation purposes, shall be supplied with a screen of not

less than sixteen (16) mesh per inch and every screen door shall

have a self-closing device in good working condition; except that

no such screens shall be required for a dwelling unit on a floor

above the fifth floor.

SECTION H-330.0 INTERIOR STRUCTURE

No person shall occupy as owner-occupant, or let to another for

occupancy, any dwelling, multi-family dwelling, dwelling unit,

rooming house, rooming unit, or portion thereof, for the purpose of

living therein which does not comply with the following

requirements.

H-331.0 FREE FROM DAMPNESS. In every dwelling, multi-family

dwelling, dwelling unit, rooming house, and rooming unit, cellars,

basements and crawl spaces shall be maintained reasonably free from

dampness to prevent conducive to decay or deterioration of the

structure as required by the building code.

H-332.0 STRUCTURAL MEMBERS. The supporting structural members of

every dwelling and multi-family dwelling used for human habitation

shall be maintained structurally sound; showing no evidence of

deterioration which would render them incapable of carrying the

imposed loads in accordance with the provision of the building

code.

H-333.0 INTERIOR STAIRS AND RAILINGS. Stairs shall be provided in

every dwelling, multi-family dwelling, rooming and boarding house

as required by the building code.

H-333.1 MAINTAINED IN GOOD REPAIR. All interior stairs of every

structure 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 to be safe to

use and capable of supporting a load as required by the provisions

of the building code.

H-333-2 HANDRAILS. Every stairwell and every flight of stairs,

which is more than two (2) risers high, shall have handrails or

railings located in accordance with the provisions of the building

code. Every handrail or railing shall be firmly fastened and must

be maintained in good condition. Properly balustraded 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.

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H-334.0 BATHROOM FLOORS. Every toilet and bathroom floor surface

shall be constructed and maintained so as to be substantially

impervious to water and so as to permit such floor to be easily

kept in a clean and sanitary condition.

H-335.0. SANITATION. The interior of every dwelling and multifamily dwelling used for human habitation shall be maintained ina

clean and sanitary condition free from any accumulation of rubbish

or garbage. Rubbish, garbage, and other refuse shall be properly

kept inside temporary storage facilities as required under Section

H-404.0 and H-405.0 of this code.

H-336.0 INSECT AND RODENT HARBORAGE. Buildings used for human

habitation shall be kept free from insect and rodent infestation,

and where insects or rodents 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 prevent reinfestation.

H-336.1 EXTERMINATION FROM BUILDINGS. Every owner of a dwelling

or multi-family dwelling shall be responsible for the extermination

of insects, rodents, vermin, or other pests whenever infestation

exists in two (2) or more of the dwelling units, or in the shared

or public parts of the structure.

H-336.2 EXTERMINATION FROM SINGLE DWELLING UNITS. The owner of a

dwelling unit in a dwelling or multi-family dwelling shall be

responsible for such extermination within the unit occupied by him

whenever his dwelling unit is the only unit in the building that is

infested.

H-336.3 RESPONSIBILITY OF OWNER. Notwithstanding the foregoing

provisions, whenever infestation of rodents is caused by failure of

the owner to maintain any dwelling or multi-family dwelling in a

rodent-proof condition, extermination of such rodents shall be the

responsibility of the owner.

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ARTICLE 4

SPACE AND OCCUPANCY REQUIREMENTS

SECTION H-400.0 BASIC FACILITIES

No person shall occupy as owner-occupant, or let to another for

occupancy, any dwelling unit for the purpose of living, sleeping,

cooking, or eating therein which does not comply with the following

requirements.

H-401.0. SANITARY FACILITIES. The following minimum sanitary

facilities shall be supplied and maintained in sanitary, safe

working condition.

H-401.1. WATER CLOSET. Every dwelling unit shall contain within

its walls, a room, separate from the habitable rooms, which affords

privacy and which is equipped with a water closet.

H-401.2. LAVATORY. Every dwelling unit shall contain a lavatory,

which, when a closet is required, shall be in the same room with

said water closet.

H-401.3. 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.

H-401.4. KITCHEN SINK. Every dwelling unit shall contain a

kitchen sink apart from the lavatory required under section H-

401.2.

H-402.0. WATER AND SEWER SYSTEM. Every kitchen sink, lavatory

basin, bathtub or shower and water closet required under the

provisions of section H-401 shall 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.

H-402.1. WATER HEATING FACILITIES. Every 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 the fixtures required to be supplied with hot

water under section H-402. Water heating facilities shall be

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, shower, and laundry facility or

other similar units, at a temperature of not less than one hundred

thirty (130) degrees Fahrenheit at any time needed.

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H-403.0. HEATING FACILITIES. Every dwelling and multi-family

dwelling 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, toa

temperature of at least an average of seventy (70) degrees

Fahrenheit with an outside temperature of ten (10) degrees below

zero (0). The owner shall maintain a minimum average room

temperature of seventy (70) degrees Fahrenheit in all habitable

rooms including bathrooms and toilet rooms when rented, at all

times on the basis of ten (10) degrees below zero (0) outside.

H-403.1. OPERATION OF HEATING FACILITIES AND INCINERATORS. Every

heating or water heating facility and incinerator shall be

installed and shall operate in accordance with the requirements of

the building code or the air pollution control ordinances of the

municipality.

H-404.0. RUBBISH STORAGE FACILITIES. Every dwelling, multi-family

dwelling and 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 or multi-family

dwelling shall be responsible for the removal of such rubbish.

H-405.0. GARBAGE STORAGE OR DISPOSAL FACILITIES. Every dwelling

or multi-family dwelling and every dwelling unit shall be supplied

with an approved garbage disposal facility; which may be an

adequate mechanical garbage disposal unit (mechanical sink grinder)

in each dwelling unit; or an incinerator unit, to be approved by

the building official, in the structure for the use of the

occupants of each dwelling unit; or an approved outside garbage

can.

SECTION H-410.0 INSTALLATION AND MAINTENANCE

No person shall occupy as owner-occupant, or let to another for

occupancy, any dwelling, multi-family dwelling, dwelling unit,

rooming house, or rooming unit for the purpose of living, sleeping,

cooking, or eating therein which does not comply with the following

requirements.

H-410.1. FACILITIES AND EQUIPMENT. All required equipment and all

building space and parts in every dwelling and multi-family

dwelling shall be constructed and maintained so as to properly and

safely perform their intended function in accordance with the

provisions of the building code.

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H-401.2. MAINTAINED CLEAN AND SANITARY. All housing facilities

shall be maintained in a clean and sanitary condition by the

occupant so as not to breed insects and rodents or produce

dangerous or offensive gases or odors.

H-411.0. PLUMBING FIXTURES. In buildings and structures used for

human habitation, water 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 from which they are

designed. All repairs and installations shall be made in

accordance with the provisions of the building code or plumbing

code of the municipality.

H-412.0. PLUMBING SYSTEMS. In buildings and structures 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 or plumbing code of the municipality.

H-413.0. HEATING EQUIPMENT. Every space heating, cooking, and

water heating device located in a dwelling or multi-family dwelling

shall be properly installed, connected, and maintained, and shall

be capable of performing the function for which it was designed in

accordance with the provisions of the building code.

H-414.0. ELECTRICAL OUTLETS AND FIXTURES. Every electrical outlet

and fixture, as required in Section H-430.0 shall be installed,

maintained and connected to the source of electrical power in

accordance with the provisions of the building code or electrical

code of the municipality.

H-414.1. CORRECTION OF DEFECTIVE SYSTEM. Where it is found, in

the opinion of the building official, that the electrical system in

a building constitutes a hazard to the occupants or the building by

reason of inadequate service, improper fusing, insufficient

outlets, improper wiring or installation, deterioration or damage,

for similar reasons, he shall require the defects to be corrected

to eliminate the hazard.

SECTION H-420.0. OCCUPANCY REQUIREMENTS

No person shall occupy or let to another for occupancy, any

dwelling unit for the purpose of living therein which does not

comply with the following requirements.

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H-421.0. MINIMUM CEILING HEIGHTS. Habitable rooms in existing

buildings, except as provided in Section H-112, shall have a clear

ceiling height of not less than seven and one-third (7-1/3) feet,

except that in attics or top half-stories the ceiling height shall

be not less than seven (7) feet over not less than one-third (1/3)

of the area when used for sleeping, study or similar activity. In

calculating the floor area of such rooms only those portions of the

floor area have a clear ceiling height of five (5) feet or more may

be included.

H-422.0. REQUIRED SPACE IN DWELLING UNITS. Every dwelling unit

shall contain a minimum gross floor area of not less than one

hundred fifty (150) square feet for the first occupant, and one

hundred (100) square feet for each additional occupant. The floor

area shall be calculated on the basis of the total area of all

habitable rooms.

H-423.0. REQUIRED SPACE IN SLEEPING ROOMS. In every dwelling unit

every room occupied for sleeping purposes by one (1) occupant shall

have a minimum gross floor area of at least seventy (70) square

feet. Every room occupied for sleeping purposes by more than one

(1) occupant shall contain at least fifty (50) square feet of floor

area for each occupant thereof.

H-424.0. ACCESS LIMITATION OF DWELLING UNIT TO COMMERCIAL USES.

No habitable room, bathroom or water closet compartment which is

accessory to a dwelling unit shall open directly into or shall be

used in conjunction with a food store, barber or beauty shop,

doctor's or dentist examination or treatment room, or similar room

used for public purposes.

H-425.0. LOCATION OF BATH AND SECOND SLEEPING ROOM. No residence

building or dwelling unit containing two (2) or more sleeping rooms

shall have such room arrangements that access to a bathroom or

water closet compartment intended for use by occupants of more than

one (1) sleeping room can be had only by going through another

sleeping room; no shall the room arrangement 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. No bathroom shall

be so located that access thereto is solely through a kitchen.

H-426.0. OCCUPANCY OF DWELLING UNITS BELOW GRADE. No dwelling

unit below grade shall be used for living purposes unless:

1. Floors and walls are watertight;

2. Total window area, total openable area and ceiling

height are in accordance with this code; and

3. Required minimum window area of every habitable room is

entirely above the grade of the ground adjoining such

window area.

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SECTION H-430.0 LIGHT AND VENTILATION

No person shall occupy as owner-occupant, or let to another for

occupancy, any dwelling, multi-family dwelling, dwelling unit,

rooming house, rooming unit for the purpose of living therein which

does not comply with the following requirements.

H-431.0. NATURAL LIGHT IN HABITABLE ROOMS. Every habitable room

shall have at least one (1) window of approved size facing directly

to the outdoors of to a court. The minimum total window area,

measured between stops, for every habitable room shall be ten (10)

percent of the floor area of such room, except in kitchens when

article light may be provided in accordance with the provisions of

the Basis Building Code. Whenever walls or other portions of a

structure face a window of any room and such obstructions are

located less than three (3) 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 nor to a court and

shall not be included as contributing to the required minimum total

window area for the room.

H-432.0. LIGHT IN NON-HABITABLE WORK SPACE. Every laundry,

furnace room, and all similar non-habitable work spaces located in

a dwelling or multi-family dwelling shall have one (1) supplied

electric light fixture available at all times.

H-433.0. LIGHT IN PUBLIC HALLS AND STAIRWAYS. Every public hall

and inside stairway in every dwelling or multi-family dwelling

shall be adequately lighted at all times with an illumination of at

least five (5) lumens per square foot in the darkest portion of the

normally traveled stairs and passageways.

H-434.0 ELECTRIC OUTLETS REQUIRED. Where there is electric

service available to the building or structure, every habitable

room of a dwelling or multi-family dwelling shall contain at least

two (2) separate and remote outlets, one (1) of which may be a

ceiling or wall-type electric light fixture. In kitchens three (3)

separate and remote wall-type electric convenience outlets or two

(2) such convenience outlets and one (1) 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 (1) electric light fixture. In addition

to the electric light fixture in every bathroom and laundry room,

there shall be provided at least one (1) electric outlet.

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H-435.0. ADEQUATE VENTILATION. Every habitable room shall have at

least one (1) window which can be easily opened or such other

device as will adequately ventilate the room. The total openable

window area in every habitable rooms shall be equal to at least

forty-five (45) percent of the minimum window area size required in

section H-431, except where mechanical ventilation is provided in

accordance with the provisions of the Basic Building Code.

H-436.0 VENTILATION AND LIGHT IN BATHROOM AND WATER CLOSET.

Every bathroom and water closet compartment shall comply with the

light and ventilation requirements for habitable rooms as required

by Section H-431 and H-434, except that no window shall be required

in bathrooms or water closet compartments equipped with an approved

ventilation system.

SECTION H-440.0. MINIMUM REQUIREMENTS FOR SAFETY FROM FIRE

No person shall occupy as owner-occupant, or shall let to another

or occupancy, any dwelling, multi-family dwelling, dwelling unit,

rooming house, rooming unit, lodging house or lodging unit which

does not comply with the applicable provisions of the fire

prevention sections of the Basic Building Code ordinances of the

municipality and the following additional requirements for safety

from fire.

H-441.0. STORAGE OF FLAMMABLE LIQUIDS PROHIBITED. No dwelling,

multi-family dwelling, dwelling unit, or rooming unit shall be

located within a building containing any establishment handling,

dispensing or storing flammable liquids with a flash point of one

hundred ten (110) degree Fahrenheit or lower.

H-442.0. COOKING AND HEATING EQUIPMENT. All cooking and heating

equipment, components, and accessories in every heating, cooking

and water heating device shall be maintained free from leaks and

obstructions, and kept functioning properly so as to be free from

fire, health, and accident hazards. All installations and repairs

shall be made in accordance with the provisions of the building

code, or other laws or ordinances of the municipality applicable

thereto. Portable cooking equipment employing flame is prohibited.

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ARTICLE 5

RESPONSIBILITIES OF PERSONS

SECTION H-500.0 SCOPE

Occupants of dwellings, multi-family dwellings, and dwelling units,

and owners or operators of rooming houses shall be responsible for

maintenance thereof as provided in this article.

H-501.0. CLEANLINESS. Every occupant of a dwelling unit shall

keep that part of the dwelling unit and premises thereof which he

occupies, controls or uses in a clean and sanitary condition.

H-502.0. DISPOSAL OF RUBBISH. Every occupant of a dwelling unit

shall dispose of all his rubbish in a clean and sanitary manner by

placing it in rubbish containers required by section H-404 of this

code.

H-503.0. DISPOSAL OF GARBAGE. Every occupant of a dwelling unit

shall dispose of his garbage in a clean and sanitary manner by

placing it in the garbage disposal facilities, or if such

facilities are not available, by removing all burnable matter and

securely wrapping such garbage and placing it in tight metal

garbage storage containers as required by section H-405 of this

code; or by such other disposal method as may be required by

applicable laws or ordinances of the municipality.

H-504.0. USE AND OPERATION OF SUPPLIED PLUMBING FIXTURES. Every

occupant of a dwelling unit shall keep the supplied plumbing

fixtures therein clean and sanitary and shall be responsible for

the exercise of reasonable care in their proper use and operation.

H-505.0. INSTALLATION AND CARE OF PLUMBING FIXTURES FURNISHED BY

OCCUPANT. Every plumbing fixture furnished by the occupant of a

dwelling unit shall be properly installed and shall be maintained

in good working condition, kept clean and sanitary, and free of

defects, leaks or obstructions.

SECTION H-510.0. ROOMING HOUSES

Every person who operates a rooming house, or who occupies or lets

to another for occupancy any rooming unit in any rooming house,

shall comply with the provisions of every section of this code,

except as provided in the following sections.

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H-511.0. WATER CLOSET, HAND LAVATORY, AND BATH FACILITIES. At

least one (1) 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 (4) rooms

within a rooming house wherever said facilities are shared. All

such facilities shall be located within the residence served and

shall be not more than one (1) story removed from any of the

persons sharing such facilities. Every lavatory basis and bathtub

or shower shall be supplied with hot and cold water at all times.

Such required facilities shall not be located in a cellar.

H-512.0. MINIMUM FLOOR AREA FOR SLEEPING PURPOSES. Every room

occupied for sleeping purposes by one (1) occupant shall contain at

least seventy (70) square feet of floor area, and every room

occupied for sleeping purposes by more than three (3) persons shall

contain at least fifty (50) square feet of floor area for each

occupant thereof.

H-513.0. BED LINEN AND TOWELS. The operator of every rooming

house shall supply bed linen and towels therein at least once each

week, and prior to the letting of any room to another occupant.

The operator shall be responsible for the maintenance of all

supplied bedding in a clean and sanitary manner.

H-514.0. SHADES, DRAPES, ETC. Every window of every rooming unit

shall be supplied with shades, drawn drapes, or other devices or

materials which, when properly used, will afford privacy to the

occupant of the rooming unit.

H-515.0. SANITARY CONDITIONS. The operator of every rooming house

shall be responsible for the sanitary maintenance of all walls,

floors, and ceilings, and for the sanitary maintenance of every

other part of the rooming house; and he shall be further

responsible for the sanitary maintenance of the entire premises

where the entire structure or building within which the rooming

house is contained is leased or occupied by the operator.

H-516.0. SANITARY CONDITIONS. Every water closet, flush urinal,

lavatory basin and bathtub or shower required by section H-511.0

shall be located within the rooming house and within a room or

rooms which:

1. Afford privacy and are separate from the habitable rooms;

2. Are accessible from a common hall and without going

outside the rooming house or through any other room

therein.

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