These regulations shall be known as the Property Maintenance Code of the City of Andover, Kansas, hereinafter referred to as “this code.”
(Ord. 1400, Sec. 1)
The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
(Ord. 1400, Sec. 1)
This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with the adopted building, zoning, fire, and health codes of the City of Andover.
(Ord. 1400, Sec. 1)
If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
(Ord. 1400, Sec. 1)
The provisions of this code shall apply to all matters affecting or relating to structures and premises, within the City of Andover, Kansas. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.
(Ord. 1400, Sec. 1)
Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified therein, the owner or the owner’s designated agent shall be responsible for the maintenance of buildings, structures and premises.
(Ord. 1400, Sec. 1)
Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the adopted codes of the City of Andover. Nothing in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code.
(Ord. 1400, Sec. 1)
The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and insanitary.
(Ord. 1400, Sec. 1)
Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s installation instructions.
(Ord. 1400, Sec. 1)
The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare.
(Ord. 1400, Sec. 1)
The codes and standards referenced in this code shall be those that are listed Chapter IV of the Code of the City of Andover and considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply.
(Ord. 1400, Sec. 1)
Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official.
(Ord. 1400, Sec. 1)
The Department of Building Inspection and Code Enforcement as created in Article 1 of Chapter of IV of the Code of the City of Andover will be responsible for the enforcement of this article.
(Ord. 1400, Sec. 1)
In accordance with the proscribed procedures of the City of Andover, deputies, technical officers, inspectors, or other employees may be hired to aid in the enforcement of this article.
(Ord. 1400, Sec. 1)
The Building Official, officer or employees charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties.
Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of property maintenance inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
(Ord. 1400, Sec. 1)
The Building Official shall enforce the provisions of this code.
(Ord. 1400, Sec. 1)
The Building Official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of violating accepted engineering methods involving public safety.
(Ord. 1400, Sec. 1)
The Building Official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
(Ord. 1400, Sec. 1)
The Building Official or other duly appointed enforcing officers upon presentation of proper credentials may enter at all reasonable times, upon any private or public property for the purpose of inspecting and investigating any condition or equipment believed to be in violation of this ordinance. If entry is denied, the enforcing officer may seek an order for this purpose from a court of competent jurisdiction.
(Ord. 1400, Sec. 1)
The Building Official and other appointed enforcing officers shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
(Ord. 1400, Sec. 1)
The Building Official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence, unless otherwise provided for by other regulations.
(Ord. 1400, Sec. 1)
Whenever in the enforcement of this code or another code or ordinance, the responsibility of more than one code official of the jurisdiction is involved, it shall be the duty of the code officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector’s authority to enforce, the inspector shall report the findings to the code official having jurisdiction.
(Ord. 1400, Sec. 1)
Whenever there are practical difficulties involved in carrying out the provisions of this code, the Building Official shall have the authority to grant modifications for individual cases, provided the Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.
(Ord. 1400, Sec. 1)
The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
(Ord. 1400, Sec. 1)
Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.
(Ord. 1400, Sec. 1)
Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency.
(Ord. 1400, Sec. 1)
Reports of tests shall be retained by the code official for the period required for retention of public records.
(Ord. 1400, Sec. 1)
Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved.
(Ord. 1400, Sec. 1)
It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.
(Ord. 1400, Sec. 1)
(a) The governing body or its designee, as hereinafter named, shall serve upon the owner, any agent of the owner of the property or any other person, corporation, partnership or association found by the Building Official to be in violation of this article an order stating the violation. The order shall be served on the owner or agent of such property by certified mail, return receipt requested or by personal service. If the property is unoccupied and the owner is a nonresident, then by mailing the order by certified mail, return receipt requested, to the last known address of the owner.
(b) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding twenty-four month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail. The order shall state:
(1) The condition which has caused the violation of the ordinance; and
(2) That the person in violation shall have:
(A) 10 days from the date of the mailing of the order to abate the exterior conditions (yard) violation; and/or
(B) 30 days from the date of the mailing of the order to abate the exterior conditions (structure) violation;
or in the alternative to subsections (2)(A) and (2)(B) of this section;
(C) 10 days from the date of the mailing of the order, plus any additional time granted under subsection (3), to request, as provided in section 4-506.5, a hearing before the governing body on the matter.
(3) Provided, however, that the governing body or its designee named herein shall grant one or more extensions to the time periods stated in subsections (2)(A), (2)(B) and (2)(C), above, if the owner or agent of the property demonstrates that due diligence is being exercised in the abatement of the conditions which have caused the violation; and
(4) That failure to abate the condition or to request a hearing may result in prosecution under section 4-506.3 and/or abatement of the condition by the city according to section 4-506.4, with the costs assessed against the property under section 4-506.7.
(c) The Building Official is hereby designated by the governing body for the purposes of issuing the order required herein. Such order shall be issued by the Building Official upon the filing of a written statement of a violation of this article. The order shall be issued in the name of the governing body; shall be served as required in this article: and, shall contain all notices and other information as required by this article and K.S.A. 12-1617e and amendments thereto.
(K.S.A. 12-1617e; Ord. 1400, Sec. 1; Code 2011)
The Building Official may file a complaint in the municipal court against any person found to be in violation of this article, provided however, that such person shall first have been sent a notice as provided in 4-506.2 and that the person has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in 4-506.2. Upon such complaint in the municipal court, any person found to be in violation of this article shall upon conviction be punished by a fine of not less than $50 nor more than $500, or by imprisonment, for not more than 30 days, or by both such fine and imprisonment, for each offense. For the purposes f this ordinance, a separate offense shall be deemed committed on each day during or on which such violation is permitted to exist.
(Ord. 1400, Sec. 1)
In addition to, or as an alternative to prosecution as provided in 4-506.3, the Building Official may seek to remedy violations of this ordinance in the following manner. If a person to whom an order has been served pursuant to 4-506.2 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in 4-506.2, the Building Official may present a resolution to the governing body for adoption authorizing the public officer or other agents of the city to abate the conditions causing the violation at the end of 10 days after passage of the resolution. The resolution shall further provide that the costs incurred by the city shall be charged against the lot or parcel of ground on which the nuisance was located as provided 4-506.7.
A copy of the resolution shall be served upon the person in violation in one of the following ways:
(a) Personal service upon the person in violation;
(b) Certified mail, return receipt requested; or
(c) In the event the whereabouts of such person are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the public officer and filed with the city clerk, and the serving of the resolution shall be made by publishing the same once each week for two consecutive weeks in the official city newspaper and by posting a copy of the resolution on the premises where such condition exists.
(d) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding twenty-four month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail.
(Ord. 1400, Sec. 1)
If a hearing is requested within the 10 day period as provided in 4-506.2 such request shall be made in writing to the governing body. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the findings of the Building Official. The hearing shall be held by the governing body or its designated representative as soon as possible after the filing of the request therefore, and the person shall be advised by the city of the time and place of the hearing at least five days in advance thereof. At any such hearing, the person may be represented by counsel, and the person and the city may introduce such witnesses and evidence as is deemed necessary and proper by the governing body or its designated representative. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the findings of the governing body or its designated representative shall be prepared in resolution form, adopted by the governing body, and the resolution shall be served upon the person in the manner provided in 4-506.4.
(Ord. 1400, Sec. 1)
Any person affected by any determination of the governing body under 4-506.4 or 4-506.5 may appeal such determination in the manner provided by K.S.A. 60-2101.
(Ord. 1400, Sec. 1)
If the city abates or removes the nuisance pursuant to section 11, the city shall give notice to the owner of his or her agent by certified mail, return receipt requested, of the total cost of the abatement or removal incurred by the city. The notice shall also state that the payment is due within 30 days following receipt of the notice. The city also may recover the cost of providing notice, including any postage, required by this section. The notice shall also state that if the cost of the removal or abatement is not paid within the 30 day period, the cost of the abatement or removal shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments and charged against the lot or parcel of land on which the nuisance was located and the city clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the cost and the county clerk shall extend the same on the tax rolls of the county against such lot or parcel of land and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid., The city may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, and amendments thereto, but only until the full cost and applicable interest has been paid in full.
(Ord. 1400, Sec. 1)
Penalties for noncompliance with orders and notices shall be as set forth in Section 4-506.3.
(Ord. 1400, Sec. 1)
It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Building Official and shall furnish to the Building Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
(Ord. 1400, Sec. 1)
Nothing in this ordinance shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of its laws nor to prevent or punish violation thereof. The powers conferred by this ordinance shall be in addition to and supplemental to the powers conferred by the Kansas Constitution, by any other law or by ordinance.
(Ord. 1400, Sec. 1)
Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter.
(Ord. 1400, Sec. 1)
Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
(Ord. 1400, Sec. 1)
Where terms are not defined in this code and are defined in the International Building Code, International Fire Code, International Zoning Code, International Plumbing Code, International Mechanical Code, International Existing Building Code or the ICC Electrical Code, such terms shall have the meanings ascribed to them as in those codes.
(Ord. 1400, Sec. 1)
Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
(Ord. 1400, Sec. 1)
Whenever the words “dwelling unit,” “dwelling,” “premises,” “building,” “rooming house,” “rooming unit,” “housekeeping unit” or “story” are stated in this code, they shall be construed as though they were followed by the words “or any part thereof.”
(Ord. 1400, Sec. 1)
Approved by the Building Official.
(Ord. 1400, Sec. 1)
That portion of a building which is partly or completely below grade.
(Ord. 1400, Sec. 1)
A room containing plumbing fixtures including a bathtub or shower.
(Ord. 1400, Sec. 1)
Any room or space used or intended to be used for sleeping purposes.
(Ord. 1400, Sec. 1)
The official who is charged with the administration and enforcement of this code, or any duly authorized representative.
(Ord. 1400, Sec. 1)
To adjudge unfit for occupancy.
(Ord. 1400, Sec. 1)
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions or living, sleeping, eating, cooking and sanitation.
(Ord. 1400, Sec. 1)
That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots.
(Ord. 1400, Sec. 1)
The open space on the premises and on adjoining property under the control of owners or operators of such premises.
(Ord. 1400, Sec. 1)
The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.
(Ord. 1400, Sec. 1)
The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(Ord. 1400, Sec. 1)
A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
(Ord. 1400, Sec. 1)
Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
(Ord. 1400, Sec. 1)
A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.
(Ord. 1400, Sec. 1)
A condition which could cause serious or life threatening injury or death at any time.
(Ord. 1400, Sec. 1)
The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
(Ord. 1400, Sec. 1)
A vehicle which cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
(Ord. 1400, Sec. 1)
Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards.
(Ord. 1400, Sec. 1)
To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a recorded or unrecorded agreement of contract for the sale of land.
(Ord. 1400, Sec. 1)
The purpose for which a building or portion thereof is utilized or occupied.
(Ord. 1400, Sec. 1)
Any individual living or sleeping in a building, or having possession of a space within a building.
(Ord. 1400, Sec. 1)
That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
(Ord. 1400, Sec. 1)
Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
(Ord. 1400, Sec. 1)
Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
(Ord. 1400, Sec. 1)
An individual, corporation, partnership or any other group acting as a unit.
(Ord. 1400, Sec. 1)
A lot, plot or parcel of land, easement or public way, including any structures thereon.
(Ord. 1400, Sec. 1)
Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
(Ord. 1400, Sec. 1)
A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one-or two-family dwelling.
(Ord. 1400, Sec. 1)
Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
(Ord. 1400, Sec. 1)
Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, code and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
(Ord. 1400, Sec. 1)
An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.
(Ord. 1400, Sec. 1)
That which is built or constructed or a portion thereof.
(Ord. 1400, Sec. 1)
A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
(Ord. 1400, Sec. 1)
A room containing a water closet or urinal but not a bathtub or shower.
(Ord. 1400, Sec. 1)
The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
(Ord. 1400, Sec. 1)
Executed in a skilled manner; e.g. generally plumb, level, square, in line, undamaged and without marring adjacent work.
(Ord. 1400, Sec. 1)
An open space on the same lot with a structure.
(Ord. 1400, Sec. 1)
The provisions of this article shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
(Ord. 1400, Sec. 1)
The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
(Ord. 1400, Sec. 1)
All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
(Ord. 1400, Sec. 1)
All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
(Ord. 1400, Sec. 1)
All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon.
Exception: Approved retention areas and reservoirs.
(Ord. 1400, Sec. 1)
All sidewalks, walkways, stairs, driveways parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
(Ord. 1400, Sec. 1)
All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
(Ord. 1400, Sec. 1)
Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
(Ord. 1400, Sec. 1)
All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
(Ord. 1400, Sec. 1)
No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti.
It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
(Ord. 1400, Sec. 1)
Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
(Ord. 1400, Sec. 1)
Outdoor swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
Hot tubs and spas with a safety cover, which safety cover in each case complies with ASTM F 1346, shall be exempt from the fence or barrier requirements of foregoing paragraph. Provided that, any such cover shall be operated and maintained in a manner which will not reduce its effectiveness as a safety device. Such a cover shall not be removed, replaced or changed in a manner that reduces its effectiveness as a safety device without complying with the fence or barrier requirements of the foregoing paragraph.
(Ord. 1400; Ord. 1569)
The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
(Ord. 1400, Sec. 1)
All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
(Ord. 1400, Sec. 1)
Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).
(Ord. 1400, Sec. 1)
All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
(Ord. 1400, Sec. 1)
All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
(Ord. 1400, Sec. 1)
All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
(Ord. 1400, Sec. 1)
The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
(Ord. 1400, Sec. 1)
All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
(Ord. 1400, Sec. 1)
All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(Ord. 1400, Sec. 1)
Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
(Ord. 1400, Sec. 1)
All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(Ord. 1400, Sec. 1)
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
(Ord. 1400, Sec. 1)
Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.
(Ord. 1400, Sec. 1)
All glazing materials shall be maintained free from cracks and holes.
(Ord. 1400, Sec. 1)
Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
(Ord. 1400, Sec. 1)
All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with 4-536.3.
(Ord. 1400, Sec. 1)
Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
(Ord. 1400, Sec. 1)
Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.
(Ord. 1400, Sec. 1)
Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.
(Ord. 1400, Sec. 1)
Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock meeting specifications set forth herein. Such deadbolt locks shall be operated only by the turning of a knob or a key and shall have a lock throw of not less than 1-inch. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. Such deadbolt locks shall be installed according to manufacturer’s specifications and maintained in good working order. All deadbolt locks required by this section shall be designed and installed in such a manner so as to be operable inside of the dwelling unit, rooming unit or housekeeping unit without the use of a key, tool, combination thereof or any other special knowledge or effort.
(Ord. 1400, Sec. 1)
Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking devices.
(Ord. 1400, Sec. 1)
Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.
(Ord. 1400, Sec. 1)
The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
(Ord. 1400, Sec. 1)
All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.
(Ord. 1400, Sec. 1)
All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
(Ord. 1400, Sec. 1)
Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
(Ord. 1400, Sec. 1)
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
(Ord. 1400, Sec. 1)
Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.
(Ord. 1400, Sec. 1)
Porches, balconies, ramps, or raised floor surfaces located more than 30 inches above the floor or grade below shall have guards not less than 36 inches in height. Open sides of stairs with a total rise of more than 30 inches above the floor or grade below shall have guards not less than 34 inches in height measured vertically from the nosing of the treads. Porches and decks, which are enclosed with insect screening, shall be equipped with guards where the walking surface is located more than 30 inches above the floor or grade below. Required guards on open sides of stairways, raised floor areas, balconies, and porches shall have intermediate rails or ornamental closures, which do not allow passage of a sphere 4 inches or more in diameter.
Exceptions:
(1) The triangular openings formed by the riser, tread, and bottom rails of a guard at the open side of a stairway are permitted to be of such a size that a sphere of 6 inches cannot pass through.
(2) Openings for required guards on the sides of stair treads shall not allow a sphere of 4 3/8 inches to pass through.
(3) Any guard lawfully in existence prior to the time of the adoption of this code and maintained in a safe condition as determined by the Building Official,
(Ord. 1400, Sec. 1)
All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.
(Ord. 1400, Sec. 1)
Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.
(Ord. 1400, Sec. 1)
The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.
(Ord. 1400, Sec. 1)
Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors.
(Ord. 1400, Sec. 1)
Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.
(Ord. 1400, Sec. 1)
The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; or an approved leak proof, covered, outside garbage container.
(Ord. 1400, Sec. 1)
The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leak proof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.
(Ord. 1400, Sec. 1)
All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
(Ord. 1400, Sec. 1)
The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.
(Ord. 1400, Sec. 1)
The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.
(Ord. 1400, Sec. 1)
The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination.
(Ord. 1400, Sec. 1)
The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure.
Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination.
(Ord. 1400, Sec. 1)
The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.
(Ord. 1400, Sec. 1)
The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter.
(Ord. 1400, Sec. 1)
In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted.
(Ord. 1400, Sec. 1)
Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such 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.
Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33m2). The exterior glazing area shall be based on the total floor area being served.
(Ord. 1400, Sec. 1)
Every common hall and stairway in residential occupancies, other than in one-and two-family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet (19m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of 1 foot-candle (11 lux) at floors, landings and treads.
(Ord. 1400, Sec. 1)
All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.
(Ord. 1400, Sec. 1)
Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in Section
Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated.
(Ord. 1400, Sec. 1)
Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by 4-519.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be re-circulated.
(Ord. 1400, Sec. 1)
Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit.
Exceptions:
(1) Where specifically approved in writing by the code official.
(2) Devices such as coffee pots and microwave ovens shall not be considered cooking appliances.
(Ord. 1400, Sec. 1)
Where injurious toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be re-circulated to any space.
(Ord. 1400, Sec. 1)
Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer’s instructions.
(Ord. 1400, Sec. 1)
Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
(Ord. 1400, Sec. 1)
A habitable room, other than a kitchen, shall not be less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than 3 feet (914 mm) between counter fronts and appliances or counter fronts and walls.
(Ord. 1400, Sec. 1)
Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than 7 feet (2134 mm).
Exceptions:
(1) In one-and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting not more than 6 inches (152 mm) below the required ceiling height.
(2) Basement rooms in one-and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear height under beams, girders, ducts and similar obstructions.
(3) Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least 7 feet (2134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of 5 feet (1524 mm) or more shall be included.
(Ord. 1400, Sec. 1)
Every bedroom shall comply with the requirements of Sections 4-520.4.1 through 4-520.5.
(Ord. 1400, Sec. 1)
Every bedroom occupied by one person shall contain at least 70 square feet (6.5 m2) of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.6m2) of floor area for each occupant thereof.
(Ord. 1400, Sec. 1)
Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.
Exception: Units that contain fewer than two bedrooms.
(Ord. 1400, Sec. 1)
Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.
(Ord. 1400, Sec. 1)
Kitchens and non habitable spaces shall not be used for sleeping purposes.
(Ord. 1400, Sec. 1)
Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities and electrical receptacle requirements of 4-528; and the smoke detector and emergency escape requirements of 4-535.
(Ord. 1400, Sec. 1)
The number of persons occupying a dwelling unit shall not create conditions that, in the opinion of the code official, endanger the life, health, safety or welfare of the occupants.
(Ord. 1400, Sec. 1)
Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:
(1) A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4m2). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3.
(2) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.
(3) The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
(4) The maximum number of occupants shall be three.
(Ord. 1400, Sec. 1)
All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse including facilities for temporary storage.
(Ord. 1400, Sec. 1)
The provisions of this article shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.
(Ord. 1400, Sec. 1)
The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this chapter.
(Ord. 1400, Sec. 1)
Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.
(Ord. 1400, Sec. 1)
At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.
(Ord. 1400, Sec. 1)
Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants.
(Ord. 1400, Sec. 1)
Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.
(Ord. 1400, Sec. 1)
Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway.
(Ord. 1400, Sec. 1)
Toilet facilities shall have access from within the employees’ working area. The required toilet facilities shall be located not more than one story above or below the employees’ working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities.
Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees’ regular working area to the facilities.
(Ord. 1400, Sec. 1)
In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.
(Ord. 1400, Sec. 1)
All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
(Ord. 1400, Sec. 1)
Plumbing fixtures shall have adequate clearances for usage and cleaning.
(Ord. 1400, Sec. 1)
Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.
(Ord. 1400, Sec. 1)
Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the adopted plumbing code.
(Ord. 1400, Sec. 1)
The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.
The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
(Ord. 1400, Sec. 1)
Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.
(Ord. 1400, Sec. 1)
All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
(Ord. 1400, Sec. 1)
Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.
(Ord. 1400, Sec. 1)
Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance.
(Ord. 1400, Sec. 1)
The provisions of this article shall govern the minimum mechanical and electrical facilities and equipment to be provided.
(Ord. 1400, Sec. 1)
The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter.
(Ord. 1400, Sec. 1)
Heating facilities shall be provided in structures as required by this section.
(Ord. 1400, Sec. 1)
Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in currently adopted mechanical codes of the City of Andover. Cooking appliances shall not be used to provide space heating to meet the requirements of this section.
Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.
(Ord. 1400, Sec. 1)
Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms, and toilet rooms.
Exceptions:
(1) When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity.
(2) In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained.
(Ord. 1400, Sec. 1)
Indoor acceptable work spaces shall be designed to maintain a temperature during occupied periods that will not subject any occupant to a working condition what may affect ones health, life or safety due to extreme temperatures as determined by the Building Official.
Exceptions:
(1) Processing, storage and operations areas that require cooling or special temperature conditions.
(2) Areas in which persons are primarily engaged in vigorous physical activities.
(Ord. 1400, Sec. 1)
The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall.
(Ord. 1400, Sec. 1)
All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.
(Ord. 1400, Sec. 1)
All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.
Exception: Fuel-burning equipment and appliances which are labeled unvented operation.
(Ord. 1400, Sec. 1)
All required clearances to combustible materials shall be maintained.
(Ord. 1400, Sec. 1)
All safety controls for fuel-burning equipment shall be maintained in effective operation.
(Ord. 1400, Sec. 1)
A supply of air for complete combustion of fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.
(Ord. 1400, Sec. 1)
Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved.
(Ord. 1400, Sec. 1)
Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and 4-532.
(Ord. 1400, Sec. 1)
The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the ICC Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes.
(Ord. 1400, Sec. 1)
Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.
(Ord. 1400, Sec. 1)
All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.
(Ord. 1400, Sec. 1)
Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection.
(Ord. 1400, Sec. 1)
Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture.
(Ord. 1400, Sec. 1)
Elevators, dumbwaiters, and escalators shall be maintained in compliance with ASME A17.1. The most current certification of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, or the certificate shall be available for public inspection in the office of the building operator. The inspection and test shall be performed at not less than the periodical intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction. These inspections shall be performed by a qualified elevator mechanic.
(Ord. 1400, Sec. 1)
In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied.
(Ord. 1400, Sec. 1)
As part of the periodic inspections as required by 4-1553.1, an annual inspection shall take place whereby the qualified elevator mechanic is accompanied by a city inspector to witness the inspection. The city inspector, at that time, will review the records of any other periodic inspection required by 4-1553.1 having taken place that year.
(Ord. 1400, Sec. 1)
There shall be a fee for the annual inspection which will be set by resolution of the City Council.
Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.
(Ord. 1400, Sec. 1)
Duct systems shall be maintained free of obstructions and shall be capable of performing the required function.
(Ord. 1400, Sec. 1)
The provisions of this article shall govern the minimum conditions and standards for the fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.
(Ord. 1400, Sec. 1)
The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy and premises that do not comply with the requirements of this chapter.
(Ord. 1400, Sec. 1)
A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code.
(Ord. 1400, Sec. 1)
The required width of aisles in accordance with the International Fire Code shall be unobstructed.
(Ord. 1400, Sec. 1)
All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code.
(Ord. 1400, Sec. 1)
Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening.
(Ord. 1400, Sec. 1)
The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained.
(Ord. 1400, Sec. 1)
Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable.
(Ord. 1400, Sec. 1)
All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code.
(Ord. 1400, Sec. 1)
Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of the following locations:
(1) On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
(2) In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwelling or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.
Single or multiple-station smoke alarms shall be installed in other groups in accordance with the International Building and Residential Code.
(Ord. 1400, Sec. 1; Code 2011)
In Group R occupancies and in dwellings not regulated as Group R occupancies, single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for over-current protection.
Exception: Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place, buildings that are not served from a commercial power source and in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes.
(Ord. 1400, Sec. 1)
Where more than one smoke alarm is required to be installed within an individual dwelling unit in Group R-2, R-3, R-4 and in dwellings not regulated as Group R occupancies, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background notice levels with all intervening doors closed.
Exceptions:
(1) Interconnection is not required in buildings which are not undergoing alterations, repairs, or construction of any kind.
(2) Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for interconnection without the removal of interior finishes.
(Ord. 1400, Sec. 1)