No person shall occupy or let to another for
occupancy any dwelling or dwelling unit, for the purpose of living,
sleeping, cooking or eating therein, which does not comply with the
requirements of this article.
Every dwelling unit in which the occupants prepare
or are intended or permitted to prepare food for their own consumption
shall contain a suitable and convenient receptacle containing at least
four cubic feet of storage space maintained in good repair and in
a clean state. Some part of the storage space required by this section
shall be capable of sustaining a temperature low enough to preserve
perishable foods for a reasonable period of time.
A.
Every dwelling unit shall contain at least one supplied
kitchen gas or electric stove providing at least two top burners and
an oven, not necessarily in the same unit, in good order and repair
and properly connected to the appropriate utility system.
B.
Cooking facilities serving more than one dwelling
unit or rooming unit or combination thereof shall not be permitted;
except that nothing herein shall be construed to prohibit the operation
of hotels, boardinghouses, nursing homes and such establishments subject
to licensing.
Every dwelling unit shall contain a kitchen
sink in good order and repair and properly connected to the City water
and sewer system.
Every dwelling unit shall contain a room which
affords privacy to a person within the room and which is equipped
with a flush water closet and a lavatory basin in good order and repair
and properly connected to the City water and sewer system.
Every dwelling unit shall contain within a room which affords privacy to a person within the room, a bathtub or shower in good order and repair and properly connected to the City water and sewer system. These facilities may be situated in the same room as those required by § 132-28.
Every dwelling unit shall be provided with a
container of metal or other approved material, the type and location
of which is approved by the Housing Inspector, for the temporary storage
and disposal of rubbish.
Every dwelling unit shall be provided with a
watertight container, provided with a tight-fitting cover, of metal
or other approved material, the type and location of which is approved
by the Housing Inspector, for the temporary storage of garbage or
other organic waste, except that garbage may be disposed of in a garbage
incinerator located within the dwelling and which is properly installed
and operated in a safe and sanitary manner.
Every dwelling, business and commercial building
shall have supplied 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 in every dwelling unit located therein to
a temperature of at least 70º F., when the outdoor temperature
is at or above 0º F. The temperature shall read at a height of
three feet above floor level at the center of the room.
Every supplied space heater shall comply with
all of the following requirements:
A.
No space heater burning solid, liquid or gaseous fuels
shall be of the portable type.
B.
Every space heater burning solid, liquid or gaseous
fuels shall be properly vented to a chimney or duct leading to outdoor
space.
C.
Every space heater shall have a fire-resistant panel
beneath it.
D.
Every space heater located within two feet of a wall
shall be equipped with insulation sufficient to prevent overheating
of the wall.
E.
Every space heater smoke pipe shall be equipped with
guards, properly constructed of nonflammable material, at the point
where the pipe goes through a wall, ceiling or partition.
Portable heating equipment employing flame and
the use of solid, liquid or gaseous fuels is prohibited.
Every dwelling unit shall have supplied water-heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot water lines required under the provisions of § 132-30 of this chapter, and are capable of heating water to such a temperature as to permit an adequate amount of water (not less than one gallon per minute) to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120º F. Such supplied water-heating facilities shall be capable of meeting the requirements of this section when the dwelling or dwelling unit heating facilities required under provisions of § 132-33 are not in operation.
From May 1 to October 1 of each year, and when
deemed necessary by the Housing Inspector 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 of not less than No. 16 mesh covering at
least 11% of the window area; except that such screens shall not be
required during such period in rooms deemed by the Housing Inspector
to be located high enough in the upper stories of buildings as to
be free from such insects, or where room or central air conditioning
is installed and operating.
Every basement or cellar window used or intended
to be used for ventilation, and every other opening to a basement
which might provide for entry of rodents, shall be supplied with a
screen or other such device as will effectively prevent their entrance.
Every dwelling unit shall be provided with water service from the municipal water utility. In the event that a water customer, as defined by Chapter 309, Water and Sewer, on an account for a residential property which is occupied by persons whose supply of water is dependent upon the customer's timely payment of water utility charges fails to pay a water or sewer bill, or otherwise jeopardizes the continuation of the service of water to such dwelling unit, such person constituting the water customer shall be in violation of this section and shall be deemed to have failed to provide such dwelling unit with water, regardless of whether water service is actually terminated. A customer shall be in violation of this section if notice of termination of water service is issued to him/her and (s)he fails to cause such notice to be withdrawn, canceled or extended by making timely payment or other arrangements within the time period specified in the termination notice. Violations of this section shall be punishable in accordance with Chapter 1, Article III, General Penalty, of this Code; provided, however, that upon the issuance of a citation for a violation of this section, a separate violation shall be deemed to have occurred for every twenty-four-hour period subsequent to the issuance of the citation that the customer shall fail to cause such notice of termination to be withdrawn, canceled or extended.
[Amended 1-6-2005 by Ord. No. 05-9]
No person shall occupy or let to another any
dwelling or dwelling unit for the purpose of occupancy therein which
does not comply with the requirements of this section.
A.
CARBON MONOXIDE DETECTION DEVICE
SMOKE DETECTOR
Definition. As used in this section, the following
terms shall have the meanings indicated:
A device which is capable of detecting an invisible, odorless,
tasteless, gas produced when fossil fuels do not burn completely or
are exposed to heat (usually fire).
Devices which detect visible and invisible particles of combustion
and meet the listing criteria of UL217.
B.
Applicability:
(1)
In all dwellings and dwelling units in the City, a
smoke detection device shall be installed in accordance with the requirements
herein. Battery-powered smoke detection devices shall be acceptable
as meeting the minimum requirements of this subsection. Electric-powered
smoke detectors, whether interconnected or single-station units, shall
also meet the requirements of this subsection.
(2)
In all dwelling and dwelling units of the City a carbon
monoxide detection device shall be installed in accordance with the
requirements herein. Battery-powered detection devices shall be acceptable
as meeting the minimum requirements of this subsection.
C.
Where required:
(1)
A smoke detection device shall be installed on each
level of all one- and two-family dwellings and dwelling units, Use
Group R-3.
(2)
The smoke detection device shall be installed as follows:
(a)
On the under side of the header at the bottom
of the stairs of the cellar/basement.
(b)
On the first floor in the living room or near
the stairs to the second floor.
(c)
On the second floor outside of the doors to
bedrooms within 10 feet of the sleeping area.
(d)
On the third floor, should this room be finished
with interior walls and ceilings and accessible by fixed stairs, regardless
of use.
(3)
Nothing in this subsection shall be construed or interpreted
to in any way impair the authority of the Director of Division of
Housing Inspections to require additional smoke detectors as may be
deemed necessary.
(4)
Except as provided above, all detectors shall be securely
mounted on the ceiling surface at least six inches from the nearest
wall, or in accordance with the manufacturer's specifications.
D.
Responsibility.
(1)
The owners or managing agents of any dwelling or dwelling
unit shall install and maintain carbon monoxide detectors in full
operating condition as described herein.
(2)
It shall be the duty of the tenant or occupant of
a dwelling unit, at his/her own expense, to maintain and replace all
batteries for battery-operated carbon monoxide detector devices installed
by the owner in such dwelling units. Any tenant or occupant who fails
to so maintain and replace such batteries shall be guilty of violating
this subsection.
E.
Interference with operation prohibited. It shall be
unlawful for any tenant, occupant, owner, agent or any other person
to tamper with, damage, destroy, steal, paint over or do anything
to cause such smoke detectors or any of its parts to malfunction or
fail to operate.
G.
Applicability. In all dwellings and dwelling units
of the City, a carbon monoxide detection device shall be installed
in accordance with the requirements herein. Battery-powered detection
devices shall be acceptable as meeting the minimum requirements of
this subsection.
H.
Where required. A carbon monoxide detection device
should be centrally located outside of each separate sleeping area
in the immediate vicinity of the bedrooms. If the bedroom hallway
is longer than 40 feet, the installation of a device shall be required
at both ends of the hallway.
(1)
In dwellings containing more than one unit of dwelling
space there shall be a detector required for each dwelling unit of
the structure.
(2)
Nothing in this subsection shall be construed or interpreted
to in any way impair the authority of the Director of the Division
of Housing Inspections to require additional carbon monoxide detection
devices as may be deemed necessary.
I.
Responsibility.
(1)
The owners or managing agents of any dwelling or dwelling
unit shall install and maintain smoke detectors in full operating
condition as described herein.
(2)
It shall be the duty of the tenant or occupant of
a dwelling unit, at his/her own expense, to maintain and replace all
batteries for battery-operated smoke detector devices installed by
the owner in such dwelling units. Any tenant or occupant who fails
to so maintain and replace such batteries shall be guilty of violating
this subsection.
J.
Certificate of smoke detector and carbon monoxide
alarm compliance required.
(1)
Prior to any change in ownership of any dwelling with
three or more units, inhabited or intended to be inhabited, a certificate
of smoke detector and carbon monoxide alarm compliance shall first
have been obtained from the Division of Housing, stating that the
building and premises comply with the section.
(2)
Fee. The fee will be based on when the application
is received.
(a)
More than 10 business days prior to change of
occupant: $35.
(b)
Four to 10 business days prior to change of
occupant: $70.
(c)
Less than four business days prior to change
of occupant: $125.
(d)
Reinspection required due to inoperable, improperly
located or absence of required detector: $15.
(e)
An additional charge of $5 per unit for the
initial inspection and $1 per unit for reinspections for five or more
units.
A.
COMBUSTIBLE LIQUIDS
FLAMMABLE LIQUIDS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any liquids having a flash point at or above 100º F.
(38º C.).
Any liquids having a flash point below 100º F. (38º
C.).
B.
Prohibited storage. No person shall store any vehicles
or mechanical equipment, gasoline, flammable and/or combustible liquids
in any type of container, within any portion of a dwelling.
C.
Permitted storage.
(1)
No person shall store more than five gallons of gasoline,
flammable and/or combustible liquids in any accessory structure of
any dwelling.
(2)
The storage of kerosene in quantities of more than
one gallon is prohibited in any dwelling.
(3)
The storage of gasoline and/or kerosene or other flammable
liquids must be in approved containers.
