A.
Short title. This chapter shall be known and may be cited as the
"Housing Code," and this article shall be known as the "Housing Standards
Applicable to Residential Premises."
As used in this chapter, the following terms shall have the
meanings indicated:
The public agency referred to in § 288-1B.
A portion of any dwelling located partly underground but
having less than 1/2 its clear floor-to-ceiling height below the average
grade of the adjoining ground.
The Building Code of this Town.[1]
A portion of any dwelling having 1/2 or more than 1/2 of
its clear floor-to-ceiling height below the average grade of the adjoining
ground.
Any building, structure, camp, trailer, mobile home, dwelling
unit, rooming house or rooming unit, or any part thereof used for
human habitation or intended to be so used, including any appurtenances
belonging thereto or usually enjoyed therewith.
A room or group of rooms located within a dwelling and forming
a single habitable unit with facilities which are used or intended
to be used for living, sleeping, cooking and eating.
A room or enclosed floor space used or intended to be used
for living, sleeping or eating purposes, excluding bathrooms, water
closet compartments, laundries, foyers, pantries, communicating corridors,
stairways, closets, basement recreation rooms and storage spaces.
Any dwelling or part thereof containing three or more dwelling
units.
Any person, including an owner or operator, living and sleeping
in a dwelling unit or rooming unit.
The part of window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person having charge, care, management or control of
any dwelling or part of it in which dwelling units or rooming units
are let.
Any person who, alone, jointly or severally with others,
holds legal or equitable title to any dwelling, rooming house, dwelling
unit or rooming unit.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Water-heating facilities, water pipes, garbage-disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes-washing machines, catch
basins, drains, vents and other similar supplied fixtures, together
with all connections to water or sewer lines.
The New Hampshire State Building Code as adopted pursuant
to RSA 155-A.[2]
A lot, plot or parcel of land, including the buildings and
structures thereon.
Any dwelling, or that part thereof containing one or more
rooming units, in which space is let to three or more persons.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
or eating purposes.
Installed, furnished or provided by the owner or operator
at his expense.
A seasonal dwelling that is intended for use eight or fewer
months per year.
The Town of Salem.
Any dwelling containing two dwelling units.
All ground, lawn, court, walk, driveway or other open space
constituting part of the same premises as the dwelling.
No person shall occupy as owner-occupant or shall let to another
for occupancy any dwelling, rooming house, dwelling unit or rooming
unit which does not comply with the following minimum standards for
basic equipment and facilities:
A.
Dwelling units.
(1)
Every dwelling unit shall contain within its walls and/or meet the
following requirements:
(a)
Lavatory facilities. A room, separate from the habitable rooms, which
affords privacy and which is equipped with a flush water closet and
a lavatory basin.
(b)
Bathtub or shower. A room, separate from the habitable rooms, which
affords privacy to a person in the room and which is equipped with
a bathtub or shower.
(c)
Kitchen sink.
(2)
Sharing by dwelling units in same building. The occupants of not
more than two dwelling units which are located in the same dwelling
may share sanitation facilities, including a water closet, lavatory
and tub or shower, provided that:
(a)
Neither of the two dwelling units contains more than two rooms;
however, for the purposes of this subsection, a kitchen with not more
than 60 square feet of floor area is not counted as a room.
(b)
The habitable room area of each of such dwelling units aggregates
not more than 350 square feet, exclusive of sanitation area.
B.
Water line connections. Every kitchen sink, lavatory basin and bathtub
or shower required by this chapter shall be properly connected with
both hot and cold water lines. The hot water lines shall be connected
with supplied water heating facilities which 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 and tub
or shower at a temperature of not less than 120° F. All plumbing
fixtures required by this section shall be properly connected to an
approved water system and to an approved sewerage system.
C.
Rubbish collection. Every multifamily dwelling shall have approved
common garbage and rubbish storage or disposal facilities.
D.
Egress. Every dwelling unit and rooming unit shall have a safe and
unobstructed means of egress leading to a safe and open space at ground
level.
E.
Rooming house; additional sanitation standards.
(1)
Lavatories. Every rooming house shall be equipped with at least one
flush water closet, one lavatory basin and one bathtub or shower for
each six persons or fraction thereof living within the rooming house,
including members of the family of the owner or operator if they share
the use of the facilities. In a rooming house in which rooms are let
only to males, flush urinals may be substituted for not more than
1/2 the required number of water closets. All such facilities shall
be properly connected to approved water and sewerage systems. No such
facility located in a basement or cellar shall count in computing
the number of facilities required by this subsection, except when
approved by the Building Inspector. Every flush water closet, flush
urinal, lavatory basin and bathtub or shower required by this subsection
shall be located within the rooming house in a room or rooms which:[1]
(2)
Bedding and towels. When bedding, bed linen or towels are supplied,
the owner or operator shall maintain the bedding in a clean and sanitary
manner, and he shall furnish clean bed linen and towels at least once
each week and prior to the letting of any room to any occupant.
No person shall occupy as owner-occupant or shall let to another
for occupancy any dwelling, rooming house, dwelling unit or rooming
unit which does not comply with the following minimum standards for
ventilation, light and heating:
A.
Windows and openable space.
(1)
Total window area. Every habitable room shall have at least one window
which faces directly to the outdoors. The minimum total window area,
measured between stops, for every habitable room shall be 10% of the
floor area of such room. Whenever walls or other portions of structures
face a window of any such 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 a window shall not be
deemed to face directly to the outdoors and shall not be included
as contributing to the required minimum total window area.
(2)
Openable window area. Every habitable room shall have a least one
window or skylight which can be easily opened, or such other device
as will adequately ventilate the room. The total openable window area
in every habitable room shall equal at least 45% of the minimum area
size or the minimum skylight-type window size, as required by this
chapter, except where there is supplied some other device affording
adequate ventilation and approved by the Building Inspector.[1]
(3)
Glass-fronted porch. For the purpose of this section, where a living
room faces onto a glass-fronted porch, the porch shall be considered
as a part of the living room if the total window and open space area
between the porch and the living room is at least 15% of the floor
area of the living room.
(4)
Bathroom. Every bathroom and water closet compartment shall comply
with the window area and openable area requirements for habitable
rooms, except where there is supplied some other device approved by
the Building Inspector as affording adequate ventilation.[2]
(5)
Laundry rooms. Every laundry room shall have a minimum openable area
of at least three square feet, except where there is some other device
approved by the Building Inspector as affording adequate ventilation.[3]
(6)
Public hallway and stairways. Every public hallway and stairway within
every two-family or multifamily dwelling and rooming house shall be
adequately ventilated and equipped with handrails required by the
Building Code.
B.
Lighting. Every dwelling within 300 feet of a power line shall be
supplied with electricity as follows:
(1)
Habitable room. Every habitable room shall contain at least two separate
floor- or wall-type electric convenience outlets and one supplied
ceiling-type electric light fixture or a switch-controlled outlet.
(2)
Bathrooms; utility rooms. Every water closet compartment, bathroom,
laundry room and furnace room shall contain at least one supplied
ceiling- or wall-type electric light fixture.
(3)
Public halls. Every public hall in a dwelling shall contain at least
one supplied ceiling- or wall-type electric light fixture. Every public
hall and stairway in every two-family dwelling, multifamily dwelling
and rooming house shall be adequately lighted at all times, except
that in a two-family dwelling an adequate lighting system which may
be turned on when needed by conveniently located light switches shall
be permitted instead of a full-time lighting system.
(4)
Standards for installation. Every outlet and fixture shall be properly
installed and maintained in good and safe working condition. All electrical
installations shall comply with the requirements of the National Electrical
Code.
C.
Every dwelling shall have heating facilities which are capable of
safely and adequately heating all habitable rooms, bathrooms and water
closet compartments within their walls to a temperature of at least
70° F. when the outside temperature is -10° F. This subsection
does not apply to a temporary dwelling.
D.
Portable heating equipment employing a flame and using gasoline or
kerosene does not meet the standards of this chapter and is prohibited.
E.
During the portion of each year extending from May 15 to September
15 and as protection against mosquitoes, flies and other insects,
every door opening directly from a dwelling unit to outdoor space
and used for ventilation shall be supplied with screens and a self-closing
device, and every window or other device capable of being opened to
outdoor space and used for ventilation shall likewise be supplied
with screens. Every basement or cellar window used for ventilation,
and every opening which might provide an entry for rodents, shall
be supplied with screens or such other device as will effectively
prevent their entrance.
No person shall occupy or shall let to another for occupancy
any dwelling, rooming house, dwelling unit or rooming unit which does
not comply with the following minimum standards for space and occupancy:
A.
Habitable floor area. Every dwelling unit shall contain at least
150 square feet of habitable floor area for the first occupant and
at least 100 square feet for each additional occupant. Exception for
children under one year of age: For the purposes of this section,
a person under one year of age shall not be counted as an occupant.
B.
Sleeping rooms. In every dwelling unit and in every rooming unit,
every room occupied for sleeping purposes by one occupant shall contain
at least 80 square feet of floor area, and every room occupied for
sleeping purposes by more than one occupant shall contain at least
40 square feet of floor area for each occupant.
C.
Arrangement of sleeping room; bathroom. No dwelling or dwelling unit
containing two or more sleeping rooms shall have such arrangements
that access to a bathroom or water closet compartment intended for
use by occupants of more than one sleeping room can be had only by
going through another sleeping room, nor shall room arrangements be
such that access to a sleeping room can be had only by going through
another sleeping room or bathroom or water closet compartment.
D.
Calculation of floor area. Floor area shall be calculated on the
basis of habitable room area. However, closet area and hall area within
the dwelling unit, where provided, may count for not more than 10%
of the required habitable floor area. At least 75% of the floor area
of a room shall have a ceiling height of at least seven feet, and
the floor area of any part of any room where the ceiling height is
less than five feet shall not be considered as a part of the floor
area in computing the total area of the room.
E.
Basements and cellars. No basement or cellar shall be used for living
purposes unless:
(1)
The floors and walls are substantially watertight.
(2)
The total window area, total openable area and ceiling height are
in accordance with this chapter.
(3)
The required minimum window area of every habitable room is entirely
above the grade of the ground adjoining such window area, not including
stairwells or accessways.
No person shall occupy as owner-occupant or shall let to another
for occupancy any dwelling, rooming house, dwelling unit or rooming
unit which does not comply with the following minimum standards for
safe and sanitary maintenance:
A.
Foundations, exterior walls and roofs. Every foundation, exterior
wall and exterior roof shall be substantially weathertight, watertight
and rodent-proof, shall be kept in sound condition and good repair
and shall be safe to use and capable of supporting the load which
normal use may cause to be placed thereon.
B.
Floors, interior walls and ceilings. Every floor, interior wall and
ceiling shall be substantially rodent-proof, shall be kept in sound
condition and good repair and shall be safe to use and capable of
supporting the load as specified by the Building Code.
C.
Windows and exterior doors. Every window, exterior door and basement
or cellar door and hatchway shall be substantially weathertight, watertight
and rodent-proof and shall be kept in working condition and good repair.
D.
Stairways and porches. Every inside and outside stair and porch,
and any appurtenance thereto, shall be safe to use and capable of
supporting the load of 80 pounds per square foot and shall be kept
in sound condition and good repair.
E.
Plumbing fixtures. Every plumbing fixture shall be properly installed
and maintained in sound mechanical condition, free from defects, leaks
and obstructions, and in accordance with the Plumbing Code.
F.
Bathroom floor surfaces. Every water closet compartment floor surface
and bathroom 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.
G.
Maintenance of required equipment and utilities. Every supplied facility,
piece of equipment or utility which is required under this chapter
and every chimney and smoke pipe shall be so constructed and installed
that it will function safely and effectively and shall be maintained
in sound working condition.
Any dwelling which has any or all of the following defects of
structural elements shall be deemed unfit for human habitation:
A.
Structural walls and vertical members. Any dwelling whose structural
walls or other vertical structural members list, lean or buckle to
such an extent that a plumb line passing through the center of gravity
falls outside of the middle third of its base shall be deemed unfit
for human habitation.
B.
Supporting members and nonsupporting walls. Any dwelling which, exclusive
of the foundation, shows 33% or more of damage or deterioration of
the supporting member or members, or 50% of damage or deterioration
of the nonsupporting enclosing or outside walls or covering, shall
be deemed unfit for human habitation.
C.
Floor and roof loads. Any dwelling which has improperly distributed
loads upon the floors or roofs or in which the same are overloaded
or which have insufficient strength to be reasonably safe for the
purpose used shall be deemed unfit for human habitation.
D.
Damage by fire, wind or other causes. Any dwelling which has been
damaged by fire, wind or other causes so as to have become dangerous
to life, safety or the general health and welfare of the occupants
or the people of the Town of Salem shall be deemed unfit for human
habitation.
Any dwelling which has any or all of the following general substandard
conditions shall be deemed unfit for human habitation:
A.
Dilapidated, decayed, unsafe or unsanitary. Any dwelling which has
become or is so dilapidated, decayed, unsafe, or unsanitary or which
utterly fails to provide the amenities essential to decent living
or which is likely to cause sickness or disease so as to work injury
to the health, morals, safety or general welfare of those living therein
shall be deemed unfit for human habitation.
B.
Inadequate light, air and sanitation. Any dwelling having light,
air and sanitation facilities which are inadequate to protect the
health, safety or general welfare of human beings who live or may
live therein shall be deemed unfit for human habitation.
C.
Inadequate egress. Any dwelling having inadequate facilities for
egress in case of fire or panic or those having insufficient stairways,
elevators, fire escapes or other means of communication shall be deemed
unfit for human habitation.
D.
Insecure parts. Any dwelling which has parts thereof which are so
attached that they may fall and injure members of the public or property
shall be deemed unfit for human habitation.
E.
Unsafe, insanitary or dangerous to public. Any dwelling which, because
of its condition, is unsafe, insanitary or dangerous to the health,
safety or general welfare of the people of this Town shall be deemed
unfit for human habitation.
F.
Violation of ordinances. Any dwelling existing in violation of any
provision of the Building Code of this Town or other ordinances of
this Town shall be deemed unfit for human habitation.
No owner, operator or occupant shall furnish or use any cooking
equipment which does not comply with the following minimum standards:
A.
Construction, installation and maintenance. Every piece of cooking
equipment shall be so constructed and installed that it will function
safety and effectively and shall be maintained in sound working condition.
B.
Prohibited equipment. Portable cooking equipment employing flame
and using gasoline or kerosene as fuel is prohibited.
A.
Sanitation.
(1)
Cleanliness by occupant. Every occupant of a dwelling, dwelling unit
or rooming unit shall maintain in a clean and sanitary condition that
part of the dwelling, dwelling unit and yard which he occupies and
controls and shall be responsible for his own misuse of areas and
facilities available in common.
(2)
Cleanliness by owner or operator. Every owner or operator of a two-family
dwelling, multifamily dwelling or rooming house shall maintain in
a clean and sanitary condition the shared or public areas of the dwelling
and yard.
(3)
Use and operation of supplied facilities. Every occupant of a dwelling
unit shall keep all supplied facilities, including plumbing fixtures
and cooking equipment, in a clean and sanitary condition and shall
be responsible for the exercise of reasonable care in their proper
use and operation.
B.
Removal of water matter.
(1)
Storage and disposal of rubbish and garbage. Every occupant of a
dwelling unit shall dispose of all rubbish, ashes, garbage and other
organic waste in a clean and sanitary manner by placing it in approved
storage or disposal facilities which are safe and sanitary. Every
occupant shall provide such facilities for and within his dwelling
unit and shall maintain them in a clean and sanitary manner. The owner
or operator of a multifamily dwelling shall be responsible further
for placing out for collection all common garbage and refuse containers,
except where such facilities are for the sole use of an occupant,
under which circumstance it shall be the responsibility of the occupant
to place these containers out for collection.
(2)
Rooming house rubbish storage and disposal. Every owner or operator
of every rooming house shall dispose of all rubbish in a clean and
sanitary manner by placing it in supplied and approved storage or
disposal facilities which are safe and sanitary.
C.
Extermination.
(1)
Extermination of pests by occupant. Every occupant of a dwelling
unit shall be responsible for the extermination of any insects, rodents
or other pests in it or in the yard. Exception: When, however, infestation
is caused by failure of the owner or operator to maintain a dwelling
in a rodent-proof or substantially insect-proof condition, extermination
shall be the responsibility of the owner or operator.
(2)
Extermination of pests by owner or operator. Every owner or operator
shall be responsible for extermination of any insects, rodents or
other pests whenever infestation exists in two or more of the dwelling
units of any dwelling or in the shared or public areas of any two-family
dwelling or any multifamily dwelling.
(3)
Extermination of pests in rooming houses. Every owner or operator
of a rooming house shall be responsible for the extermination of any
insects, rodents or other pests in it or in the yard.
D.
Heat. During the time of the year when it is necessary, as determined
by the agency, every owner or operator of every two-family dwelling,
multifamily dwelling and rooming house shall supply adequate heat
to every habitable room therein, except where there are separate heating
facilities for each dwelling unit, whose facilities are under the
sole control of the occupant of such dwelling unit.
E.
Utilities. No owner, operator or occupant shall cause any service
equipment or utility which is required by this chapter to be removed,
shut off 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.
F.
Janitorial service. Every dwelling of five or more dwelling units,
in which the owner or operator does not reside, shall have a janitor
as found necessary by the agency.
G.
Transfer of responsibility. A contract effective as between owner
and operator, operator and occupant or owner and occupant, with regard
to compliance hereunder, shall not relieve any party of his direct
responsibility under this chapter.
H.
Notice of maximum occupancy. Every owner or operator shall advise
the occupant in writing, either by insertion in the lease between
the parties or otherwise, of the maximum number of occupants permitted
in the occupied premises under this chapter.
The following standards shall be followed in substance by the
agency in ordering repair, vacating, closure, demolition or removal:
A.
Repair. If a dwelling deemed unfit for human habitation can reasonably
be repaired so that it will no longer exist in violation of the terms
of this chapter, it shall be ordered repaired.
B.
Vacating and closing. If a dwelling deemed unfit for human habitation
is in such condition as to make it dangerous to the health, safety
or general welfare of its occupants, it shall be ordered to be vacated
and closed.
C.
Demolition or removal. In any case where a dwelling deemed unfit
for human habitation is 50% damaged or decayed or deteriorated from
its original value or structure, it shall be demolished or removed,
and in all cases where a dwelling cannot be repaired so that it will
no longer exist in violation of the terms of this chapter, it shall
be demolished or removed. In all cases where a dwelling unfit for
human habitation is a fire hazard existing or erected in violation
of the terms of any ordinance of the Town or statute of the State
of New Hampshire, it shall be demolished or removed. For the purposes
of this chapter, removal of a dwelling unfit for human habitation
shall mean removal from the Town of Salem.
A.
Inspection by agency. The agency, upon complaint of 10 or more citizens
or officers of the Town of Salem, shall cause to be inspected dwellings
or mobile homes located within the Town of Salem and not otherwise.
B.
Access by the agency. To carry out the purposes and provisions of
this chapter, the agency or any subordinate acting under its direction
and supervision is hereby authorized to enter, examine and survey
at all reasonable times, and in an emergency at any time, all dwellings,
and the owner or occupant of the same or the person in charge thereof
shall grant free access for the purpose of such examination and survey.
C.
Access by owner or operator. Every occupant of a dwelling, rooming
house, dwelling unit or rooming unit shall give the owner or operator
thereof, or his agent or employee, access to any part of such dwelling,
rooming house, dwelling unit or rooming unit, or its premises, at
all reasonable times for the purpose of making such repairs or alterations
as are necessary to effect compliance with the provisions of this
chapter or with any lawful notice or order issued pursuant to the
provisions of this chapter.
A.
The agency's powers and duties.
(1)
The agency shall have the power to administer affirmation, examine
witnesses and receive evidence in the course of its hearings.
(2)
The agency shall appoint and fix the duties of such officers, agents
and employees as deemed necessary to carry out the provisions of this
chapter.
(3)
The agency may delegate any of its functions under this chapter to
such officers as it may designate.
B.
Inspection by agency. Whenever the agency, upon complaint of 10 or
more citizens or officers of the Town of Salem, shall cause to be
inspected dwellings or mobile homes located within the Town of Salem,
it shall issue and cause to be served upon the owner, every mortgagee
of record and all parties in interest in such dwelling, including
persons in possession, a written complaint stating the grounds thereof.
If the person to be served resides outside the state, service may
be made by registered mail, and if there are any unascertained persons
having an interest in said dwelling, notice may be given to them by
publication in a newspaper having general circulation in the Town,
such publication to be at least 10 days before the date set for the
hearing. Such complaint shall contain a notice that a hearing will
be held before the agency, at a place therein fixed, not less than
10 days nor more than 30 days after the serving of said complaint.
The owner, mortagee and parties in interest may file an answer to
the complaint and appear in person, or otherwise, and give testimony
at the place and time fixed in the complaint. Rules of evidence prevailing
in courts of law or equity shall not be controlling in said hearing.
C.
Whenever the agency, after notice and hearing, determines that, according
to the minimum standards imposed by this chapter, a dwelling is unfit
for human habitation, it shall state in writing its findings of fact
in support of such determination and shall issue and cause to be served
upon the owner thereof an order which, if the repair, alteration or
improvement of said dwelling can be made at a reasonable cost in relation
to the value of the dwelling and the ability of the owner to assume
such cost, requires the owner, within the time specified in the order,
to repair, alter or improve such dwelling to render it fit for human
habitation or to vacate and close the dwelling as a human habitation,
of if the repair, alteration, or improvement of said dwelling cannot
be made at a reasonable cost in relation to the value of the dwelling
and the ability of the owner to assume such costs, requires the owner,
within the time specified in the order, to remove or demolish such
dwelling.
D.
Whenever the owner of a dwelling is aggrieved by order of the agency,
he may file an appeal with the Board of Selectmen, which will hold
a hearing thereon, due notice of the same first being given to the
agency and to said owner. The Board of Selectmen, after hearing and
in accordance with its findings, may affirm, revoke or modify the
order of the agency. Where the order is affirmed or modified, the
agency shall proceed to enforce the same as affirmed or modified.
When the order is revoked, proceedings shall be terminated.
E.
Whenever the owner of any dwelling fails to comply with an order
of the agency, a petition shall be filed with the Superior Court by
said agency in accordance with the provisions of RSA 48-A as it may
be amended from time to time.
F.
Whenever the agency finds that a dwelling is unfit for human habitation
and has issued an order to the person responsible therefor, the agency
shall post, in a conspicuous place thereon, a placard or placards
which shall include the following words: "Condemned as Unfit for Human
Habitation."
G.
Any dwelling which has been determined unfit for human habitation
and which has been posted as such by the agency shall be vacated within
the time required by the agency. No owner or operator shall let to
any person and no person shall occupy any dwelling which has been
found unfit for human habitation and which has been posted as such
by the agency.
H.
No dwelling which has been found unfit for human habitation and which
has been posted as such shall again be used for human habitation until
written approval has been furnished by the agency. Upon receipt of
such order, the owner may remove the placard.
I.
Except in accordance with the provisions of Subsection H, no person shall deface, cover or remove any placard lawfully placed upon any dwelling by the agency.
J.
The agency shall make such exceptions as it deems proper for residences
that are used for temporary dwellings only.
A.
No person shall operate a rooming house or shall occupy or let to
another for occupancy any rooming unit in any rooming house, except
in compliance with the provisions of every applicable section of this
chapter.
B.
Rooming house permit. No person shall operate a rooming house unless
he holds a valid rooming house permit issued by the agency in the
name of the operator and for the specific dwelling, dwelling unit,
rooming house or rooming unit. The operator shall apply to the agency
for such permit, which shall be issued by the agency upon compliance
by the operator with the applicable provisions of this chapter. This
permit shall be displayed in a conspicuous place within the rooming
house at all times. No such permit shall be transferable. Every person
holding such permit shall give notice in writing to the agency within
24 hours after having sold, transferred, given away or otherwise disposed
of ownership of, interest in or control of any rooming house. Such
notice shall include the name and address of the person succeeding
to the ownership or control of such rooming house. Every rooming house
permit shall expire at the end of one year following its date of issuance,
unless sooner suspended or revoked as hereinafter provided.
C.
Any person whose application for a rooming house permit has been denied may request and shall be granted a hearing in accordance with the procedures required under § 288-14 of this chapter.
D.
Whenever, upon inspection of any rooming house, the agency finds that there may exist a violation of the minimum housing standards established by this chapter, it shall, after giving notice to the owner and holding a public hearing as provided in § 288-14, revoke the owner's permit where violations are found and may make such further orders as are authorized by the provisions of this chapter.
E.
Every provision of this chapter which applies to rooming houses shall
also apply to hotels and motels, except to the extent that they may
conflict with the laws of the state or with the lawful regulations
of any state board or agency.
F.
Space- and water-heating units shall be of an approved type for installation
in a mobile home. Fuel-burning water heaters and furnaces, other than
those having a sealed combustion space, shall not be located in sleeping
rooms, bathrooms and toilet rooms.
G.
Space-heating units shall have sufficient capacity to maintain a
minimum inside temperature of 70° F., based on the average of
the recorded annual minimum outside temperatures for the locality,
and shall be provided with manual or automatic temperature control
devices.
H.
Water-heating units shall have sufficient capacity to deliver at
each hot water outlet an ample supply of water at a minimum temperature
of 120° F., and such units shall be provided with safety devices
arranged to relieve hazardous pressures and excessive temperatures.
I.
Electrical space and water-heating equipment shall be of an approved
type and shall have adequate circuit protection devices.
J.
Gas- and liquid-fuel-burning equipment shall be specifically designed
for the type of fuel used. Flues and vents shall be suitable for the
types of fuel used and shall be installed so that the surface of adjacent
combustible material will not exceed a safe temperature.
K.
Automatically operated heat-producing equipment using utility gas
shall have a valve that will automatically shut off the flow of gas
to the main burner when the pilot flame is extinguished.
L.
Automatically operated heat-producing equipment using liquefied petroleum
gas shall have a valve that will automatically shut off the flow of
gas to the pilot light and main burner when the pilot flame is extinguished.
M.
Fuel-burning space- and water-heating units shall be vented. Other
fuel-burning equipment shall be vented where the discharge of products
of combustion into the space where the equipment is installed would
be unsafe.
N.
Liquid-fuel-burning equipment shall be vented and shall be provided
with means to prevent spilling of fuel.
O.
Fuel storage containers and gas cylinders shall be mounted outside
the mobile home or in a space that is vented to the outside and is
vaportight to the inside.
P.
Warm air supply ducts and fittings shall be of noncombustible materials.
Q.
Return air ducts shall be of noncombustible material where exposed
to temperatures which are unsafe for combustible materials.
R.
Return air grilles in doors and partitions shall be of a permanent
nonclosable type. Openings for return air shall not be located in
bathrooms, toilet rooms or kitchenettes.
