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Subdivision I
Dwellings and Multiple Dwellings
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The following responsibilities of owners and occupants are in
addition to those specified elsewhere throughout this article:
(1)
Every owner of a multiple dwelling shall be responsible for maintaining
in a clean and sanitary condition the shared or common areas and premises
thereof.
(2)
Every occupant of a multiple dwelling shall keep in a clean and sanitary
condition his part of the dwelling, dwelling unit and premises thereof
which he occupies and controls.
(5)
It shall be the responsibility of the owner to hang all screens for
all dwelling units in a multiple dwelling.
(6)
Every occupant of a dwelling unit in a multiple dwelling shall be
responsible for the extermination of any insects, rodents, or other
pests therein or on the premises; and every occupant in a dwelling
unit in a multiple dwelling shall be responsible for such extermination
whenever his dwelling unit is the only dwelling unit within the dwelling
that is infested. Notwithstanding the foregoing provisions of this
subsection, whenever infestation is caused by failure of the owner
to maintain a dwelling in a ratproof or reasonably insectproof condition,
extermination shall be the responsibility of the owner. Whenever infestation
exists in two or more of the dwelling units in any multiple dwelling,
or in the shared or common parts of any multiple dwelling, extermination
thereof shall be the responsibility of the owner.
(7)
Every occupant of a dwelling unit in a multiple dwelling shall keep
all plumbing fixtures therein in a clean and sanitary condition and
shall be responsible for the exercise of reasonable care in the proper
use and operation thereof.
The designation of dwellings or dwelling units in a multiple
dwelling as unfit for human habitation and the procedures for the
condemnation and placarding of such unfit dwellings or dwelling units
shall be carried out in compliance with the following requirements:
(1)
Any dwelling or dwelling units which shall be found to have any of
the following defects shall be condemned as unfit for human habitation
and shall be so designated and placarded by the Housing Code Enforcement
Officer:
a.
One which is so damaged, decayed, dilapidated, unsanitary, unsafe,
or vermin-infested that it creates a serious hazard to the health
or safety of the occupants or of the public;
b.
One which lacks illumination, ventilation, or sanitation facilities
adequate to protect the health or safety of the occupants or of the
public as prescribed by the provisions of this article;
c.
One which, because of its general condition or location, is unsanitary
or otherwise dangerous to the health or safety of the occupants or
of the public.
(2)
Any dwelling or dwelling unit condemned as unfit for human habitation
and so designated and placarded by the Housing Code Enforcement Officer
shall be vacated within a reasonable time as ordered by the Housing
Code Enforcement Officer.
(3)
No dwelling or dwelling unit which has been condemned and placarded
as unfit for human habitation shall again be used for human habitation
until written approval is secured from, and such placard is removed
by, the Housing Code Enforcement Officer. The Housing Code Enforcement
Officer shall remove such placard whenever the defect or defects upon
which the condemnation and placarding action were based has been eliminated.
(4)
No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Subsection (3).
(5)
Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request in writing and shall be granted a hearing on the matter before the Code Enforcement Committee under the procedure provided by Sections 6-30 and 6-31.
(a)
The Planning and Zoning Commission shall study, from time to time,
the quality of housing within the Town and shall certify to the Housing
Code Enforcement Officer those areas of the Town in which substandard
housing exists or in which there is an imminent danger of existing
housing becoming substandard.
(b)
In the program of enforcement of this article, the Housing Code Enforcement Officer shall give priority to those areas which have been certified to him by the Planning and Zoning Commission as directed in Subsection (a) and provided that the Housing Code Enforcement Officer shall not be limited to such areas in the program of enforcement.
(c)
The Planning and Zoning Commission shall certify priority areas from
time to time upon written request from the Town Housing Code Enforcement
Officer and within 30 days of the receipt of such request. The Planning
and Zoning Commission shall have the power to change, alter or modify
the designation of such priority areas.
No dwelling unit in a multiple dwelling or rooming unit shall
be created within an existing structure or converted, remodeled or
altered so as to create an additional dwelling unit or rooming unit,
unless the enforcement official has issued a written permit certifying
that the plans and specifications for such work indicate that the
provisions of this article will be complied with.
In addition to other remedies, including administrative and civil enforcement, any person who shall violate any provision of this article, in addition to the penalties and provisions of this article, shall be subject to the penalties set forth in Section 1-7 of the Windham Code of Ordinances and to the penalty, lien and foreclosure provisions of the Town's Blight Ordinance.[1]
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Subdivision II
Minimum Standards
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No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit in a multiple dwelling for
the purpose of living, sleeping, cooking, or eating therein, which
does not comply with the following requirements:
(1)
Every dwelling unit shall contain a room or space for the storage,
preparation and cooking of food, which shall include space for a stove
or other cooking facilities and space for dry food storage and space
for refrigerated food storage; and shall include a kitchen sink installed.
The sink shall be in good working condition and properly connected
to a hot and cold running water system under pressure and a sewer
system, which sink and systems shall be installed and maintained in
a manner prescribed by ordinances, rules and regulations of the Town.
(2)
Every dwelling unit in a multiple dwelling shall be equipped with
a complete bathroom fixture group consisting of a flush water closet,
lavatory basin, and bathtub or shower in good working condition and
installed and maintained in a manner prescribed by ordinances, rules
and regulations of the Town. Such fixture group shall be properly
connected to an approved sewer system and to an approved hot and cold
running water system under pressure, except that the flush water closet
shall be connected to an approved sewer system and to an approved
cold running water system under pressure. All bathroom fixtures must
be contained within the same room for obvious health reasons.
(3)
Every dwelling unit in a multiple dwelling shall be supplied with
adequate rubbish storage facilities and with adequate garbage disposal
and recycling facilities or garbage and recycling storage containers
whose type and location are approved by the Housing Code Enforcement
Officer. It shall be the responsibility of the owner to supply such
facilities or containers for all dwelling units in a multiple dwelling.
In all other cases it shall be the responsibility of the occupants
to furnish such facilities or containers.
(4)
The water-heating facilities necessary to provide the hot water required under this Code shall be properly installed and connected to the hot water lines required under those sections, shall be maintained in safe and good working condition, and 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 or shower at a temperature of not less than 120° F. Such supplied water-heating facilities shall be capable of meeting the requirements of this subsection when the dwelling, dwelling unit, rooming house, or rooming unit heating facilities required under the provisions of Section 6-56, Subsection (5), are not in operation.
(5)
Every dwelling unit in a multiple dwelling shall have safe, unobstructed
means of egress leading to safe and open space at ground level as
required by the statutes, ordinances and regulations of the state
and the Town.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit in a multiple dwelling, for
the purpose of living therein, which does not comply with the following
requirements:
(1)
Every habitable room shall have at least one window facing directly
to the outdoors. The minimum aggregate glass area of windows for habitable
rooms shall be not less than 1/10 of the floor area of the room served
by them. Whenever walls or other portions of structures face a window
of any habitable room and such light-obstruction structures are located
less than three feet from the window and extend to a level above that
of the ceiling of the room, such window shall not be included as contributing
to the required minimum total window area.
(2)
Every habitable room shall have at least one window which can easily be opened, or such other device as will adequately ventilate the room. The total of the openable window area in every habitable room shall be equal to at least 45% of the minimum aggregate glass area of the window as required in Subsection (1) except where there is supplied some other device affording adequate ventilation and approved by the Housing Code Enforcement Officer.
(3)
Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in Subsections (1) and (2) except where the bathroom or water closet compartment is adequately ventilated by a ventilation system which is kept in continuous or automatic operation and approved by the Housing Code Enforcement Officer.
(4)
Every dwelling unit and all public and common areas shall be supplied
with electric service, outlets and fixtures which shall be properly
installed, shall be maintained in good and safe working condition,
and shall be connected to the source of electric power in a manner
prescribed by the ordinances, rules and regulations of the Town. The
capacity of such services and the number of outlets and fixtures shall
be as follows:
a.
Every habitable room shall have an electric service and outlets and/or
fixtures capable of providing at least three watts per square foot
of floor area.
b.
Every habitable room shall have at least one floor- or wall-type
electric convenience outlet for each 60 square feet or fraction thereof
of floor area, and in no case fewer than two such outlets.
c.
Every water closet compartment, bathroom, laundry room, furnace room
and public hall shall contain at least one supplied ceiling- or wall-type
electric light fixture.
d.
All rooms mentioned in this section are required to have convenience-type
wall outlets applicable to their particular needs and requirements.
(5)
Every dwelling or dwelling unit shall be supplied with heating facilities
which are properly installed, are maintained in safe and 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 three feet above
floor level, when the outdoor temperature is 10° below 0°
F. Either central or space heating facilities may be used, but must
meet the following requirements:
a.
Every central heating unit and/or central hot water heating unit
shall:
1.
Have every heat duct, steam pipe and/or hot water pipe free of leaks
and functioning properly to provide an adequate amount of heat and/or
hot water to the intended place of delivery;
2.
Be provided with seals between sections of hot air furnaces to prevent
the escape of noxious gases into heat ducts;
3.
If employing electricity, be connected to an electric circuit of
adequate capacity in an approved manner; and
4.
Be provided with automatic or safety devices and be installed and
operated in the manner required by the statutes, ordinances, and regulations
of the state and the Town.
b.
Every space heating unit and/or unit hot water facility shall:
1.
Not use gasoline as a fuel;
2.
Not be of the portable type if using solid, liquid, or gaseous fuel;
3.
If employing a flame, be connected to a flue or vent in the manner
required by the statutes, ordinances and regulations of the state
and the Town.
4.
If employing solid or liquid fuels, have a fire-resistant panel beneath
it;
5.
Be located at least two feet away from any wall or be equipped in
an approved manner, with insulation sufficient to prevent the overheating
of any wall;
6.
If employing gaseous fuel, be equipped with other than rubber tube
or armored rubber tube connector;
7.
If employing electricity, be connected to an electric circuit of
adequate capacity in an approved manner;
8.
Be installed and operated in the manner required by the statutes,
ordinances and regulations of the state and the Town.
(6)
Every common hallway and stairway in every multiple dwelling shall
be adequately lighted with lighting facilities sufficient to provide
a light intensity of at least one lumen at the floor or stair tread
level at all times. Every common hallway and stairway in structures
devoted solely to dwelling occupancy and containing not more than
four dwelling units may be supplied with conveniently located switches
controlling an adequate lighting system which may be turned on when
needed, instead of full-time lighting.
(7)
During that portion of each year when the Housing Code Enforcement
Officer deems it necessary for protection against mosquitoes, flies
and other insects, every door opening directly from a dwelling unit
to outdoor space shall have supplied screens and a self-closing device;
and every window or other device with openings to outdoor space, used
or intended to be used for ventilation, shall likewise be supplied
with screens, provided that such screens shall not be required during
such periods in rooms deemed by the Housing Code Enforcement Officer
to be located high enough in the upper stories of buildings as to
be free from such insects, and in rooms located in areas of the Town
which are deemed by the Housing Code Enforcement Officer to have so
few insects as to render screens unnecessary.
(8)
Every basement or cellar window used or intended to be used for ventilation,
and every other opening to a basement which might provide an entry
for rodents or other pests, shall be supplied with a screen or such
other device as will effectively prevent their entrance.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit in a multiple dwelling for
the purpose of living therein which does not comply with the following
requirements:
(1)
Every foundation, floor, wall, ceiling, and roof shall be reasonably
weathertight, watertight and rodentproof; shall be capable of affording
privacy; and shall be kept in good repair.
(2)
Every window, exterior door, and basement hatchway shall be reasonably
weathertight, watertight, and rodentproof; and shall be kept in sound
working condition and good repair.
(3)
Every inside and outside stair, every porch, and every appurtenance
thereto shall be maintained and kept in sound condition and good repair.
(4)
Every plumbing fixture and water and waste pipe shall be properly
installed and maintained in good sanitary working condition, free
from defects, leaks and obstructions.
(5)
Every water closet compartment, floor surface and bathroom floor
surface shall be constructed and maintained so as to be reasonably
impervious to water and so as to permit such floor to be easily kept
in a clean and sanitary condition.
(6)
All rainwater shall be so drained and conveyed from every roof so
as not to cause dampness in the walls, ceilings or floors of any habitable
room, or of any bathroom or water closet compartment.
(7)
Every supplied facility, piece of equipment, or utility which is
required under this article shall be so constructed or installed that
it will function safely and effectively, and shall be maintained in
satisfactory working condition.
(8)
No owner, operator or occupant shall cause any service, facility,
equipment or utility which is required under this article to be removed
from or shut off from or discontinued for any occupied dwelling let
or occupied by him, except for such temporary interruption as may
be necessary while actual repairs or alterations are in process, or
during temporary emergencies when discontinuance of service is approved
by the Housing Code Enforcement Officer.
(9)
No owner shall occupy or let to any other occupant any vacant dwelling
unit unless it is clean, sanitary and fit for human occupancy.
No person shall occupy or let to another for occupancy any dwelling
or dwelling unit in a multiple dwelling for the purpose of living
therein which does not comply with the following requirements:
(1)
Every room occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of usable floor area, and every room occupied
for sleeping purposes by more than one occupant shall contain at least
50 additional square feet of usable floor area for each additional
occupant thereof.
(2)
Ceiling height shall conform to the standards as required by the
statutes, ordinances and regulations of the state and the Town.
(3)
No cellar space shall be used as a habitable room or dwelling unit.
(4)
No basement space shall be used as a habitable room or dwelling unit
unless, in addition to the other provisions of this article:
(5)
No dwelling unit in a multiple dwelling shall contain fewer than
four habitable rooms. There shall be a minimum of 400 square feet
of floor area for each two-room dwelling unit and for each additional
room the floor space shall be increased by at least 120 square feet.
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Subdivision III
Rooming Houses, Boardinghouses, Motels and Multiple Dwellings
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(a)
No person shall operate rooming houses, boardinghouses, motels, hotels,
or multiple dwellings or shall occupy or let to another for occupancy
any rooming unit or dwelling unit, except in compliance with this
article.
(b)
Every provision of this article which applies to rooming houses shall also apply to hotels and/or motels, except as provided in Section 6-76 and except to the extent that any such provisions may be found in conflict with the laws of this state or with the lawful regulations of any state board or agency.
At least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system approved by the Housing Code Enforcement Officer and in good working condition, shall be supplied for each five persons or fraction thereof residing within a rooming house, including members of the operator's family whenever they share the use of the facilities. All such facilities shall be located within the dwelling as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower supplied with hot water at all times in accordance with the provisions of Section 6-55, Subsection (4). No such facilities shall be located in a basement except by written approval of the Housing Code Enforcement Officer.
Every room occupied for sleeping purposes by one person shall
contain at least 70 square feet of usable floor area, and every room
occupied for sleeping purposes by more than one person shall contain
at least 50 square feet of usable floor area as so defined for each
additional occupant thereof.
Every rooming unit shall have safe, unobstructed means of egress
leading to safe and open space at ground level, as required by the
statutes, ordinances and regulations of this state and the Town. Every
rooming unit shall comply with all health, building, safety and fire
codes as established by the General Statutes or Town ordinances, regulations,
codes, etc.
The operator of every rooming house or building under this division
shall be responsible for the sanitary maintenance of all walls, floors
and ceilings, and for sanitary maintenance of the entire premises
where the entire structure or building is leased or occupied by the
operator.
No meals may be prepared or eaten in a rooming house, other than in a dwelling unit contained therein, unless such meals are prepared and eaten in communal kitchens and dining rooms conforming to the standards of Section 6-77, except that this section shall not apply to the eating of meals in establishments which are operating a valid restaurant business and which have the rooming house and restaurant operations integrated as a single business enterprise.
(a)
A communal kitchen shall comply with the following standards:
(1)
It shall contain at least 60 square feet of floor area in every case
and at least 100 square feet if meals are both prepared and eaten
therein.
(2)
If occupants are permitted to eat meals therein, it shall be supplied
with one dining chair and two linear feet of dining table space, in
addition to the surface area for food preparation required under Subsection
(a)(6) below, for each occupant of the rooming house permitted to
eat in the kitchen, the surface of each dining table to be smooth
and easily cleanable.
(4)
It shall contain at least one supplied kitchen, gas stove, or electric
stove, every stove to have at least two top burners and an oven.
(5)
It shall contain one supplied electric or gas refrigerator with an
adequate food storage capacity.
(6)
It shall contain one or more supplied tables or other facilities
having a total surface area for food preparation of not less than
six square feet, the surface of each table or other facility to be
suitable for the preparation of food, smooth and easily cleanable.
(7)
It shall contain at least one supplied cabinet of adequate size for
and suitable for storage of food and eating and cooking utensils.
(9)
It shall be located within a room accessible to the occupant of each
rooming unit sharing the use of such kitchen without going outside
of the dwelling and without going through a dwelling unit of another
occupant.
(b)
Where a communal kitchen does not conform to the provisions of Subsection (a) relating to the eating of meals therein, meals shall be eaten in a communal dining room that complies with the following standards:
(1)
It shall contain at least 70 square feet of floor area.
(2)
It shall be supplied with one dining chair and two linear feet of
dining table space for each occupant of the rooming house permitted
to eat in the dining room, the surface of each dining table to be
smooth and easily cleanable.
(3)
It shall be located on the same floor of the rooming house as the
communal kitchen in which the meals are prepared and shall be as nearly
adjacent to the communal kitchen as is practicable.
(4)
It shall be located within a room accessible to the occupant of each
rooming unit sharing such dining room without going outside of the
dwelling and without going through a dwelling unit or rooming unit
of another occupant.
(a)
The operator of any rooming house shall post in every rooming unit
a sign on which shall be written or printed in letters not less than
3/8 of one inch in height, the following words "NO COOKING PERMITTED
IN THIS ROOM," and such sign shall remain so posted at all times the
room is occupied.
(b)
No eating or cooking appliances shall be permitted in any rooming
units.
