Village of Darien, WI Interior Property Maintenance Requirements

[Prior code § 14.08; amended by Ord. 217, 2002]

No person shall occupy as owner-occupant, or let to another for occupancy, any structures or portion thereof which does not comply with the following requirements:

Free From Dampness. Every building, cellar, basement and crawl space shall be maintained reasonably free from dampness to prevent conditions conducive to decay or deterioration of the structure as required by this code.

Basement Floor Surface. Any basement which is used for a habitable room shall have a cement floor in accordance with this code.

Structural Members. The supporting structural members of every building shall be maintained structurally sound, showing no evidence of deterioration which would render them incapable of carrying the imposed loads in accordance with the provisions of this code.

Interior Stairs and Railings. Stairs shall be provided in every structure as required by this code.

Maintained in Good Repair. All interior stairs of every structure 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 as to be safe to use and capable of supporting a load as required by the provisions of this code.

Handrails. Every stairwell and every flight of stairs, which is more than three risers high, shall have handrails or railings located in accordance with the provisions of this 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 this code shall be placed on open portions of stairs, balconies, landings and stairwells.

Bathroom and Kitchen Floors. Every boiler, bathroom and kitchen 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.

Sanitation. The interior of every dwelling and structure shall be maintained in a 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 15.12.050(A)(8).

Insect and Rodent Harborage. All buildings shall be kept free from insects and rodent infestation, and where insect 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 to prevent reinfestation.

Extermination from Single Dwelling Units. The occupant of a dwelling unit in a dwelling or multifamily building shall be responsible for such extermination within the unit occupied by him or her whenever his or her dwelling unit is the only unit in the building that is infested.

Extermination from Two-Family and Multifamily Dwelling Units. Every owner of a two-family or multifamily dwelling shall be responsible for the extermination of insects, rodents, vermin, or other pests whenever the infestation exists in two or more of the dwelling units, or in the shared or public parts of the structure.

Extermination from All Other Buildings. The owner or the occupant, in the case of single occupancy, of all other buildings shall be responsible for such extermination of insects and rodents.

Responsibility of Owner. Whenever infestation of rodents is caused by failure of the owner to maintain any building or structure in a rodent proof condition, extermination of such rodents shall be the responsibility of the owner.

Interior Walls, Ceilings and Floors. All interior walls, ceilings and floors shall be structurally sound, in good repair, free from defects, clean and painted or decorated.

[Prior code § 14.08.4; amended by Ord. 217, 2002]

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:

Sanitary Facilities. The following minimum sanitary facilities shall be supplied and maintained in sanitary, safe working condition.

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.

Lavatory. Every dwelling unit shall contain a lavatory which, when a closet is required, shall be in the same room with the water closet.

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.

Kitchen Sink. Every dwelling unit shall contain a kitchen sink apart from the lavatory.

Water and Sewer System. Every kitchen sink, lavatory, bathtub or shower and water closet required shall be properly connected to the public water and sewer system in accordance with the state of Wisconsin Plumbing Code. All sinks, lavatories, bathtubs and showers shall be supplied with hot and cold running water.

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. 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 130° F. at any time needed.

Heating Facilities. Every dwelling and multifamily 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, to a temperature of at least an average of 68° F. with an outside temperature of 10° below zero. The owner shall maintain a minimum average room temperature of 68° F. in all habitable rooms including bathrooms and toilet rooms when rented, at all times on the basis of 10° below zero outside. The temperature shall be existent at a level of three feet above the floor level and three or more feet from an exterior wall.

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 and plumbing code.

Rubbish Storage Facilities. Every dwelling or multifamily dwelling and dwelling unit shall be supplied with approved containers and covers for storage of rubbish, and the owner, operator or occupant in control of such dwelling or multifamily dwelling shall be responsible for the removal of such rubbish.

Garbage Storage or Disposal Facilities. Every dwelling or multifamily dwelling and every dwelling unit shall be supplied with an approved garbage disposal facility, which may be any adequate mechanical garbage disposal unit (mechanical sink grinder) in each dwelling unit or an incinerator unit, to be approved by the Building Inspector, in the structure for the use of the occupants of each dwelling unit, or an approved outside garbage can or cans.

Installation and Maintenance. No person shall occupy as owner-occupant, or let to another for occupancy, any building or structure which does not comply with the following requirements.

Facilities and Equipment. All required equipment and all building space and parts in every building or structure shall be constructed and maintained so as to properly arid safely perform their intended function in accordance with the provisions of this code.

Maintained Clean and Sanitary. All building 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.

Plumbing Fixtures. In buildings and structures, water lines, plumbing fixtures, vent 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 for which they are designed. All repairs and installations shall be made in accordance with the provisions of the building and plumbing codes of the state of Wisconsin.

Plumbing Systems. In buildings and structures, 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 and plumbing codes of the state of Wisconsin.

Heating Equipment. Every space heating, cooking, and water heating device located in a building or structure 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 H.V.A.C. code of the state of Wisconsin.

Electrical Outlets and Fixtures. Every electrical outlet and fixture, as required in Subsection (D)(4) of this section shall be installed, maintained and connected to the source of electrical power in accordance with the provision of the National Electrical Code and the electrical code of the state of Wisconsin.

Connection of Defective Electrical System. Where it is found, in the opinion of the Building Inspector, that the electrical system in a building constitutes a hazard to the occupants or the building by reason or inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, he or she shall require the defects to be corrected to eliminate the hazard.

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:

Minimum ceiling heights shall be in compliance with the building code of the state of Wisconsin.

Required Space in Dwelling Units. Every dwelling unit shall contain a minimum gross floor area of not less than 150 square feet for the first occupant, and 100 square feet for each additional occupant. The floor area shall be calculated on the basis of total area of all habitable rooms.

Required Space in Sleeping Rooms. In every dwelling unit, every room occupied for sleeping purposed by one occupant shall have a minimum gross floor area of 70 square feet. Every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant thereof.

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's examination or treatment room, or similar room used for public purposes.

Occupancy of Dwelling Units Below Grade. No dwelling unit partially below grade shall be used for living purposes unless:

Floors and walls are watertight;

Total window area, total openable area and ceiling height are in accordance with this code;

Required minimum window area of every habitable room is entirely above the grade of the ground adjoining such window area.

Light and Ventilation. No person shall occupy as owner-occupant, or let to another for occupancy, any building or structure for the purpose of occupancy therein which does not comply with the following requirements:

Natural Light in Habitable Rooms. Every habitable room, except as provided in Subsection (D)(2) of this section shall have one window of approved size facing directly to the outdoors or to a court. The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of such room, except in kitchens when artificial light may be provided in accordance with the provisions of the Wisconsin Administrative Code.

Light in Nonhabitable Work Space. Every laundry, furnace room and all similar nonhabitable work spaces located in a building structure shall have one electrical light fixture available at all times.

Light in Common Halls and Stairways. Every common hail and inside stairway in every building other than one-family dwellings, shall be adequately lighted at all times with an illumination of at least five lumens per square foot in the darkest portion of the normally traveled stairs and passageways.

Electric Outlets Required. Every habitable room of a dwelling or multifamily dwelling shall contain at least two separate and remote outlets, one of which may be ceiling or wall type electric light fixture. In the kitchen three separate and remote wall type electric convenience outlets or two such convenience outlets and one 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 electric light fixture. In addition to the electric light fixture in every bathroom and laundry room, there shall be provided at least one electric outlet.

Adequate Ventilation. Every room shall have at least one window which can be easily opened or such other device as will adequately ventilate the room. The total openable window area in every room shall be equal to at least 45% of the minimum window area size required in Subsection (D)(1) of this section.

Overcrowding of Rooms. If any room in a dwelling is overcrowded, the Building Inspector may order the number of persons sleeping or living in the room to be so reduced that there shall be not less than 400 cubic feet of air to each adult and 200 cubic feet of air to each child under 12 years of age occupying such room.

Eating Facilities. No cooking or eating shall be permitted in any sleeping room in any dwelling or dwelling unit, and no cooking facility or appliance shall be permitted in any sleeping room.

Minimum Requirements for Safety From Fire. No person shall occupy as owner-occupant, or shall let to another for occupancy, any structure which does not comply with the application provisions of fire prevention sections of this code and the following additional requirements for safety from fire:

Storage of Flammable Liquids Prohibited. No dwelling, multifamily dwelling or dwelling unit shall be located within a building containing any establishment handling, dispensing or storing flammable liquids with a flash point of 110° F. or lower.

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 obstructions and leaks, and kept functioning properly as to be free from fire, health and accident hazards. All installations and repairs shall be made in accordance with the provisions of this code, or other laws or ordinances of the Village applicable thereto. Portable cooking equipment employing flame is prohibited.