Village of New Haven, MI
Macomb County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Council of the Village of New Haven 3-13-1973 by Ord. No. 140. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings, structures and fences — See Ch. 168.
Electrical standards — See Ch. 230.
Fire prevention — See Ch. 258.
Housing and property maintenance — See Ch. 304.
Off-street parking areas — See Ch. 378.
Plumbing standards — See Ch. 394.
Water and sewers — See Ch. 495.
Zoning — See Ch. 515.

§ 152-1 Title.

This chapter shall be known and may be cited as the “Village of New Haven Boarding, Referral and Convalescent Home Licensing and Regulation Ordinance.”

§ 152-2 Purpose.

This chapter is enacted for the purpose of licensing, and regulating the operation of boarding, referral and convalescent homes within the Village of New Haven and regulating such operations in the interest of preservation of the public health, safety and general welfare of all within the community.

§ 152-3 Definitions.

For the purpose of this chapter, certain terms, phrases, words, and their derivatives shall be construed as specified in this section. Words used in the singular shall include the plural and the plural the singular. Words used in the masculine gender shall include the feminine and the feminine the masculine. The word "shall" is mandatory and not merely directive. Where words and terms are not defined they shall have their ordinarily accepted meaning or such as they may imply.
BASEMENT
That portion of a building located partially or wholly below ground enclosed by what are generally considered to be the foundation walls.
BOARDINGHOUSE
Premises used for the purpose of housing two or more people not ordinarily included in a family unit, and shall be further construed to mean the same as “referral home,” “convalescent home” or other terms such as “guest home,” “retiree home,” “shelter home” or similar designation for facilities that provide housing, food and care, whether it be for profit or nonprofit.
BUILDING INSPECTOR
The Building Inspector of the Village of New Haven.
CEILING HEIGHT
The clear vertical distance from the finished floor to the finished ceiling.
EXIT
A continuous and unobstructed means of egress to a public way and shall include intervening doorways, corridors, ramps, stairways, smokeproof enclosures, horizontal exits, exterior courts and yards.
FAMILY UNIT
Shall be construed to mean that which normally constitutes a family such as a husband, wife, sons and daughters by blood, marriage or adoption and may further include grandparents, aunts, uncles, nieces, nephews or cousins by blood, marriage or adoption; provided, however, it is not the intent of this definition to provide for recognition of a large aggregation of relatives to circumvent a realistic interpretation of a family unit.
FLOOR AREA
The net floor area within the enclosing walls of the room, excluding equipment such as wardrobes, cabinets, kitchen units, appliances or fixtures.
HABITABLE ROOM
A room or enclosed floor space used or intended to be used for living, sleeping or eating purposes, excluding kitchens, bathrooms, water closet compartments, laundries, pantries, foyers, corridors, stairways, closets, unfinished attics, basements, offices, utility rooms and storage spaces.
NUISANCE
Includes the following:
A. 
Any public nuisance known at common law or in equity jurisprudence.
B. 
Whatever is dangerous to human life or detrimental to health.
C. 
Overcrowding a room or building with occupants.
D. 
Insufficient light, heat or ventilation.
E. 
Inadequate or unsanitary sewage or plumbing facilities.
F. 
Uncleanliness.
G. 
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
H. 
Insufficient supervision to provide care, control or assistance to patients or referrals either on or off the premises of homes licensed under this chapter.
OCCUPANT
Any person living and/or sleeping and eating on the premises, whether he or she is there by his or her own volition or by referral from other individuals or agencies.
OPERATOR
Any person, firm or corporation having charge, care or control of any premises as owner, or agent of the owner, or as executor, administrator, trustee or guardian of an estate and shall be bound to comply with the provisions of this chapter and any rules and regulations adopted pursuant thereto.
PREMISES
A lot, plot or parcel of land, including the buildings and structures thereon.
RECORDS
Statistical accounts of the number of occupants of homes licensed under this chapter, kept current, showing the source of referral, if any, and made available to the appointed representative of the Village Council.
SUPERVISION
Any member or members of the staff, paid or voluntary, employed for the purpose of assisting in the care, feeding and overseeing of the occupants of licensed homes both off and on the premises.
VILLAGE
The Village of New Haven.
VILLAGE HEALTH OFFICER
The appointed representative of the Village Council whose responsibility it shall be to investigate all applications for licenses, make periodic inspections as called for in this chapter and as directed by the Village Council, make periodic review of occupancy records maintained by licensed homes and make regular monthly reports on his findings to the Village Council.

§ 152-4 Licenses; fee.

A. 
Subsequent to enactment of this chapter, no person, firm or corporation shall own or operate a boarding home, referral home, convalescent home or other operation similar in nature without having a valid current license approved by the Village Council and signed by the Village Clerk. Prior to such approval, an inspection of the premises shall be made by Village Fire Chief and Building Inspector, and their report shall be reviewed by the Village Council and noted in the minutes when the license is considered. The term of license shall be for two years from the approval date noted thereon and subject to suspension or revocation by the Village Council for violation of the provisions of this chapter. The form of license shall be substantially as follows:
License to Operate a Boarding, Referral or Convalescent Home within the Village of New Haven
Name of Facility
Date of Issuance
Address of Facility
Maximum Capacity
Name of Owner
Address
Date of Council Approval
Date of Expiration
Issued pursuant to the provisions of New Haven Village Ordinance No. 140.
Fee: $100
Paid
Village Clerk
Recommended for approval by
  Fire Chief
Date
Date
  Building Inspector
Date
  Village Health Officer
B. 
License fees shall be $100 per two-year period; no refunds.
C. 
Licenses may be transferred following a report from the Village Fire Chief, Health Officer, and Building Inspector subsequent to reinspection by them of the premises to be transferred and approval of the transfer by the Village Council.
D. 
Transfers will be for a two-year period commencing the date of approval, and the fee will be $100. Fees for new licenses, renewals, and transfers shall be payable in advance.

§ 152-5 Minimum standards.

For the purpose of providing for the health, safety and welfare of the citizens of New Haven and the owners, operators and occupants of the premises, the following minimum standards shall apply in addition to any county, state or federal regulations or supplementary to such regulations where applicable. In any case where county, state or federal minimum standards are less than those required by this chapter, then the provisions of this chapter shall prevail.
A. 
Bulk and parking standards.
(1) 
The minimum total floor area for a structure to house no more than five occupants, including the owner, operator and supervisory personnel, shall be 1,200 square feet. For each additional occupant, add 200 square feet.
(2) 
The minimum lot area for a structure to house no more than five occupants, including the owner, operator and supervisory personnel, shall be 30,000 square feet unless otherwise provided for in Chapter 515, Zoning. For each five additional occupants, add 500 square feet.
(3) 
The minimum off-street parking space for a structure to house no more than five occupants, including the owner, operator and supervisory personnel, in addition to the minimum lot area and exclusive of access drives, shall be two spaces measuring nine feet by 20 feet. For each five additional occupants, add one off-street parking space.
(4) 
Note: Variances to Subsection A(1), (2) and (3) above may be approved by the Village Council in the case of existing facilities so used, provided that such variance will not be detrimental to the health, safety and welfare of the occupants.
B. 
Basic equipment and facilities.
(1) 
Cooking, food preparation and storage, refrigerator, freezers, ranges, sinks, properly connected to hot and cold running water, storage cabinets and counter space of sufficient size and capacity to properly and expeditiously prepare food for occupants shall be provided.
(2) 
Sanitary facilities. Minimum bathroom facilities for the first five occupants of any premises shall include a standard tub or shower connected to hot and cold running water and the Village sanitary sewer and water system, a flush water closet connected to a constant supply of cold water and connected to the Village sanitary sewer and water system, and a lavatory basin connected to a constant supply of hot and cold running water and connected to the Village sanitary sewer and water system. All of the foregoing are to be maintained in good working order. For each additional five occupants, the same type of facilities shall be duplicated. The flush water closet and lavatory basins need not be located in the same room as the bathtub or shower, provided said rooms in either instance provide privacy for those using them. Clean towels shall be provided each occupant upon arrival and at least once a week thereafter.
(3) 
Dining facilities and space requirements. The minimum dining area, exclusive of kitchen space, shall be 80 square feet and shall include a sturdy table or tables of sufficient size to adequately serve all occupants at one seating. One chair shall be provided for each occupant. Dining space shall be increased by 10 square feet of floor space for each occupant in excess of five. Table space shall be increased proportionately.
(4) 
Sleeping facilities and space requirements. Every room used for sleeping purposes by one occupant shall contain at least 80 square feet of floor area. Every room used for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant. One bed shall be provided for each occupant, consisting of a bedstead, spring and mattress of a minimum size of 36 inches by 72 inches. In the case of a husband and wife, where mutually agreeable, double beds may be provided. Bedding shall be provided in a clean and sanitary manner and changed at least once a week and prior to any change of occupancy.
(5) 
Leisure or living area. At least one room with a minimum of 120 square feet shall be provided for the first five occupants. Such room shall be reserved for the purpose of reading, television viewing or other forms of relaxation. Ten square feet shall be provided for each additional occupant; except where dining area facilities can be converted for leisure or living purposes after the serving of meals, then the above requirement may be reduced to five square feet for each additional occupant.
(6) 
Ceiling height and floor areas. At least 1/2 of the floor area in any bathroom, water closet or bedroom shall have a minimum ceiling height of seven feet six inches at all walls.
(7) 
Lighting, ventilation and heating.
(a) 
Every habitable room shall have at least one operable window facing to the outside of a minimum size of 12 square feet or 1/8 of the floor area, whichever is greater, and equipped with a screen. Every room shall have an operable door, a minimum size of two feet six inches by six feet eight inches; and where the door leads to the outside it shall be equipped with a screen. Bathrooms may be equipped with ventilating fans in lieu of windows, provided adequate movement and volume of air change can be demonstrated. All kitchens shall be equipped with exhaust fans of a sufficient size to dispel steam and odors. Every habitable room shall contain at least two separate floor or wall-type electric convenience outlets, or one such convenience outlet and one supplied ceiling-type electric light fixture, and every bathroom, water closet, compartment, laundry room, furnace room and public hall shall contain at least one supplied coiling or wall-type electric light fixture. Every such outlet and fixture shall be in working condition and installed in accordance with the requirements of the Village of New Haven Electric Code.[1] Every hall and stairway shall be adequately lighted with lighting facilities sufficient to provide at least one footcandle of light at the floor or stairtread level at all times. Every bathroom and water closet compartment shall conform to the lighting requirements for habitable rooms.
[1]
Editor's Note: See Ch. 230, Electrical Standards.
(b) 
Every dwelling shall have heating facilities which are properly installed, maintained in good working condition and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments located therein to a temperature of at least 68° F. at a distance of three feet above floor level, when the outside temperature is 10° F. Such facilities shall be installed and maintained in a safe condition and in accordance with all other applicable laws. No unvented or open-flame gas heaters shall be permitted. All heating devices or appliances shall be of an approved type.
(c) 
Every dwelling unit shall have supplied water-heating facilities which are properly installed, maintained in safe and good working condition, properly connected with hot water lines, and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120° F. even when the heating facilities required by this chapter are not in operation.
(d) 
In addition to the foregoing provisions, all requirements of Chapter 304, Housing and Property Maintenance, of the Village Code, relating to boarding homes not in conflict with this chapter shall prevail. All other provisions of Chapter 304 shall remain in full force and effect.

§ 152-6 Supervision.

Competent supervisory personnel shall be provided both on the premises and off to oversee the safety and welfare of all occupants. In the case of occupants referred to the premises for reasons of old age, infirmity or mental retardation, it shall be the responsibility of the owner to provide a minimum of one supervisor for every five occupants to provide assistance and guidance whenever said occupants leave the premises for purposes of visiting, shopping, strolling, or any other purpose.

§ 152-7 Inspection; right of entry.

The Village Health Officer, Building Inspector and the Chief of the New Haven Fire Department or their duly authorized subordinates may enter upon any premises for which a license is sought or for which a license has been issued at any reasonable time for the purpose of inspecting the premises or examining records of occupancy. Failure to allow inspection shall be deemed prima facie evidence of failure to comply with the provisions of this chapter and may be deemed cause for suspension or revocation of the license by the Village Council.

§ 152-8 Appeal of license revocation.

Any licensee who has his license suspended or revoked shall have the right of appeal and may request a hearing from the New Haven Village Council, provided such request is filed within 10 days following revocation.

§ 152-9 Variances.

Variances reducing minimum lot area and minimum off-street parking in the case of existing premises being used for the purposes covered by this chapter may be granted by the New Haven Village Council conditional upon adherence to all other provisions of this chapter. Application for variance by existing premises so used must be made within 20 days following adoption of this chapter.

§ 152-10 Violations and penalties.

[Amended 1-13-2015 by Ord. No. 333]
Any person, firm, or corporation violating any provisions of this chapter shall, upon conviction, be punished as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven. Each day a violation is permitted to continue may be considered a separate offense.