[HISTORY: Adopted by the Town Council of the Town of Plainville 6-29-1964; amended in
its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Subsequent amendments noted where applicable.]
The following general provisions shall apply to the interpretation
and enforcement of this chapter:
A.
Purpose.
(1)
It is hereby declared that the purpose of this chapter is to protect,
preserve, and promote the physical and mental health and social well-being
of the residents of this municipality; to investigate and control
the incidence of communicable diseases; to regulate privately and
publicly owned dwellings for the purpose of maintaining adequate sanitation,
housing and public health; and to protect the safety of the people
and to promote the general welfare. This chapter shall be applicable
to all dwellings now in existence or hereafter constructed within
this municipality.
(2)
It is hereby further declared that for all of said dwellings this
chapter will establish minimum standards for:
(3)
In addition, this chapter will determine the responsibilities of
owners, operators, and occupants of dwellings, and it will provide
for the administration and enforcement of all of the aforesaid standards
and responsibilities.
B.
Legislative finding.
(1)
It is hereby found that dwellings exist or may in the future exist
within the Town of Plainville, either occupied or unoccupied by human
beings, which are in a deteriorated condition, and such dwellings
are in said deteriorated condition because of improper management
or maintenance; because of faulty design or construction; because
of failure to keep said dwelling in a proper state of repair; because
said dwellings lack proper sanitary facilities, adequate lighting
or ventilation, or adequate equipment for proper heating or cooling;
or because of any combination of the aforesaid factors. As a result
said dwellings have, or could, become so deteriorated, dilapidated,
neglected, overcrowded, or unsanitary as to jeopardize or be detrimental
to the health, safety, morals, and welfare of the occupants, the community
and the people of the Town of Plainville.
(2)
It is hereby further found that such deteriorated dwellings or conditions
contribute to the growth of physical, mental, or social ill health
or disease, mortality, crime and juvenile delinquency within this
Town.
C.
Citation. This chapter shall be known, and may be cited, as the "Housing
Code Ordinance of the Town of Plainville."
D.
Applicability.
(1)
Every portion of a building or its premises used or intended to be
used for the purpose of dwelling, living, eating, sleeping, or cooking
therein, or occupancy, shall comply with the provisions of this chapter
and with the rules and regulations adopted pursuant thereto irrespective
of when such building shall have been constructed, altered, or repaired,
and irrespective of any permits or licenses which shall have been
issued for the use or occupancy of the dwelling and dwelling premises
or structure, for the construction or repair of the dwelling or structure
or for the installation or repair of dwelling equipment prior to the
effective date of this chapter.
(2)
This chapter establishes minimum standards for the initial and continued
occupancy of all dwellings and structures and does not replace or
modify standards otherwise established for the construction, repair,
or use of buildings or the installation of building equipment.
E.
Application of codes. Any alterations to buildings or changes of
use therein which may be caused directly or indirectly by enforcement
of this code shall be done in accordance with all applicable sections
of the Building Code, Health Code, Fire Code and Zoning Ordinance
of the Town of Plainville.
F.
Travel trailers and mobile homes. All moveable units used for human habitation and the areas, ground, or parcels on which they are located shall comply with the requirements of this Housing Code except if the definition of "temporary housing" in § 243-2 shall apply.
G.
Application of zoning regulations. Nothing in this code shall permit
the establishment or conversion of a multifamily dwelling in any zone
except where permitted by the zoning regulations of the municipality,
nor shall this code permit continuation of such nonconforming use
in any zone except as provided in said zoning regulations.
A.
Whenever
the words "dwelling," "dwelling unit," "rooming house," "rooming unit,"
"bed-and-breakfast house," "bed-and-breakfast unit," "premises" and
"structure" are used in this chapter they shall be construed as though
they were followed by the words "or any part thereof." Words used
in the singular include the plural, and the plural the singular. The
masculine gender includes the feminine, and the feminine the masculine.
B.
ACCESSORY STRUCTURE
BASEMENT
BED-AND-BREAKFAST HOUSE
BED-AND-BREAKFAST UNIT
BUILDING OFFICIAL
CENTRAL HEATING SYSTEM
DILAPIDATED
DWELLING
DWELLING UNIT
EXTERMINATION
FAMILY
FIRE MARSHAL
GARBAGE
GROSS FLOOR AREA
GROUND FAULT CIRCUIT INTERRUPTER (GFCI)
GUEST
HABITABLE SPACE
HAZARDOUS MATERIAL
HOT WATER
HOUSEHOLD
HOUSING CODE ENFORCEMENT OFFICER
INFESTATION
KITCHEN or KITCHENETTE
KITCHEN SINK
LEAD PAINT
MULTIPLE DWELLING
OCCUPANT
OPERATOR
OWNER
(1)
(2)
PERMISSIBLE OCCUPANCY
PERSON
PLUMBING
PRIVACY
RODENT-PROOFING
ROOMING HOUSE
ROOMING UNIT
SAFETY
SEPTIC TANK OR SYSTEM
SINK
SOLID WASTE
SPACE HEATER
SUPPLIED
TEMPORARY HOUSING
TOILET
TOWN ENGINEER
VENTILATION
WATER CLOSET
WORKMANLIKE MANNER
YARD WASTE
The following
definitions shall apply in the interpretation and enforcement of this
chapter. Chapter 2 of the Connecticut State Building Code (International
Building Code) shall apply by reference.
A detached structure which is not used or not intended to
be used for living or sleeping by human occupants and which is located
on the same premises with a dwelling.
That portion of a building that is partly or completely below
grade.
Often referred to as a "B&B," any family dwelling where
guests can be accommodated at night in private bedrooms (which may
or may not be equipped with private baths) and where breakfast is
provided in the morning.
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
purposes.
The legally designated Building Official of the Town of Plainville
or his designated agent.
A single system supplying heat to one or more than one dwelling
unit or more than one rooming unit or bed-and-breakfast unit.
Fallen into partial ruin or decay.
Any enclosed space which is wholly or partly used or intended
to be used for living or sleeping by human occupants, provided that
temporary housing, as hereinafter defined, shall not be regarded as
a dwelling.
Any 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.
The control, destruction, and elimination of insects, rodents,
or other pests by eliminating their harborages, by removing or by
making inaccessible materials that may serve as their food, and by
the use of poisoning, spraying, fumigating, trapping, or other pest
elimination methods approved by the Housing Code Enforcement Officer.
One adult person plus one or more persons who are legally
related to said person and residing in the same dwelling unit with
said person.
The legally designated Fire Marshal of the Town of Plainville,
or his designated assistant.
The animal or vegetable waste resulting from the handling,
preparation, cooking, serving, and nonconsumption of food and shall
also mean combustible waste material.
The total area of all habitable space in a building or structure.
An electrical device used to protect personnel from electrical
shock by interrupting a household circuit when there is a difference
in the currents in the "hot" and "neutral" wires. All installed GFCIs
shall meet the Underwriters' Laboratories (UL) requirement to trip
when there is five mA of leakage current.
Any person who shares a dwelling unit in a nonpermanent status
for not more than 30 days.
A space in a building used for living, sleeping, cooking
or eating purposes. Bathrooms, lavatories, water closet compartments,
laundries, furnace rooms, pantries, utility rooms, foyers or communicating
corridors, stairways, closets, storage space and workshops and hobby
and recreation areas in unsealed or uninsulated parts of a structure
below ground level or in attics are not considered habitable spaces.
Any material, including building material, containing lead
and/or toxic compound in concentrations dangerous to the public health
as deemed by the State Department of Public Health.
Potable water heated to a temperature of not less than or
equal to 120° F. at the outlet.
A family and/or one or more unrelated persons, including
servants and not more occupants than two boarders, who share the same
dwelling and use some or all of its cooking, eating and sleeping facilities.
The official duly appointed by the Town Manager charged with
the administration and enforcement of this chapter, or his authorized
agents.
The presence within or around a dwelling or other structure
of insects, rodents or other pests.
An area used or designated to be used for the preparation
of food.
A sink of a size and design adequate for the purpose of washing
eating and drinking utensils, located in a kitchen, properly connected
to a potable cold and hot water line and approved waste line.
Any pigmented liquid substance applied to surfaces by brush,
roller or spray in which the total nonvolatile ingredient contains
more than 1% lead by weight, calculated as metallic lead.
Any dwelling containing more than one dwelling unit.
Any person living, sleeping, cooking, or eating in, or actually
having possession of, a dwelling unit or a rooming unit or bed-and-breakfast
unit, except that in dwelling units a guest will not be considered
an occupant.
Any person who has charge, care or control of a building,
or part thereof, in which dwelling units or rooming units or bed-and-breakfast
units are let.
Any person who, alone or jointly or severally with others:
Shall have legal title to any dwelling, premises, or dwelling
unit, with or without accompanying actual possession thereof; or
Shall have charge, care, or control of any dwelling, premises,
or dwelling unit as owner or agent of the owner, or an executor, administrator,
trustee, or guardian of the estate of the owner. Any such person thus
representing the actual owner shall be bound to comply with the provisions
of this chapter as amended and of rules and regulations adopted pursuant
thereto to the same extent as if he were the owner.
The maximum number of persons permitted as family or household
to reside in a dwelling unit based on the square footage per person
in habitable rooms.
Includes any individual, heirs, executors, administrators
or assigns, and also includes a firm, association, trust, corporation
or partnership, its successors or assigns, or the agent of any of
the aforesaid.
Includes all of the following supplied facilities and equipment:
gas pipes, gas burning equipment, 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 any other similar supplied fixtures, together
with all connections to water, sewer, septic tank systems or gas lines.
The ability of a person or persons to carry out an activity
commenced without interruption or interference, either by sight or
sound, by unwanted persons.
A form of construction which will prevent the ingress or
egress of rodents to or from a given space, building, accessory structure
or surrounding, or their gaining access to food, water, or harborage.
It consists of the closing and keeping closed of every opening in
foundations, basements, cellars, roofs, and exterior and interior
walls.
Any dwelling or that part of any dwelling containing one
or more rooming units in which space is occupied by three or more
persons who are not members of a single family or household, which
units are not used for cooking purposes.
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
purposes.
The condition of being free from danger and hazards which
may cause accidents or disease.
A receptacle, usually underground, to which sewage is drained
and retained to effect disintegration of the organic matter by bacteria
and as defined in applicable sections of the Public Health Code of
Connecticut, as amended.
A handwashing basin which is properly connected to both a
hot and cold water line and approved waste line and which is separate
and distinct from a kitchen sink.
All putrescible and nonputrescible solids, including rubbish,
garbage, refuse, ashes, and dead animals under 60 pounds in weight.
The term shall also include but not be limited to paper, rags, cartons,
boxes, wood, leather, yard waste, and other combustible material.
Expended batteries, paints, used oils, tires and other hazardous materials
are not considered to be solid waste.
A self-contained appliance of either the circulating type
or the radiant type.
Paid for, furnished, provided by, or under the control of
the owner or operator.
Any tent, trailer, mobile home, or any other structure used
for human shelter which is designed to be transportable and is not
attached to the ground, to another structure, or to any utility system
on the premises for more than 30 consecutive days.
A water closet, with a bowl and trap, which is of such shape,
form and design which holds a sufficient quantity of water or other
liquid under pressure or gravity so that no fecal matter will collect
on the surface of the bowl and which is equipped with flushing rims
which permit the bowl to be properly flushed and scoured when water
is discharged through the flushing rims.
The legally designated Town Engineer of the Town of Plainville,
or his designated assistants.
The process of supplying and removing air by natural or mechanical
means to or from any space to the outside atmosphere.
A toilet bowl flushed with water under pressure with a water-sealed
trap above floor level.
A person is required to execute a degree of skill possessed
by one of ordinary skill, competency, and standing in the business
or a like profession or trade.
Grass clippings, cuttings, leaves, small branches and twigs.
A.
Whenever the Housing Code Enforcement Officer determines that any
conditions exist which cause any dwelling, dwelling unit, rooming
unit, bed-and-breakfast unit or premises to fail to meet the minimum
standards provided for in this chapter, he shall issue notice of the
alleged violation setting forth the alleged failure or failures and
requiring that such failures be corrected. Such notice shall:
(1)
Be in writing.
(2)
Include a statement citing the violation.
(3)
Provide a list of violations to be corrected.
(4)
Allow a maximum time limit of 30 calendar days from date of service
of notice of violations contained therein for the start of required
corrections or, failing same, require the demolition or removal of
such items or structure. Said corrections shall be completed within
60 calendar days unless extended in writing by the Housing Code Enforcement
Officer. The Housing Code Enforcement Officer shall record a notice
on the land records of said violation.
(5)
Be serviced upon the owner or his agent, or the occupant, as the
case may require, provided that such notice shall be deemed to be
properly serviced upon such owner or agent, or upon such occupant,
if a copy thereof is serviced upon him personally or if a copy thereof
is sent by certified mail to his last known address, or if a copy
thereof is posted in a conspicuous place in or about the dwelling
or property affected by the notice, or if he is serviced with such
notice by any other method.
B.
After passage of the period of time allowed for the correction of any violation described in such notice of violation, the Housing Code Enforcement Officer shall reinspect the dwelling unit, rooming unit, bed-and-breakfast unit or premises described in the notice following the procedures detailed in § 243-12.
C.
In the event the Housing Code Enforcement Officer is denied access
for reinspection, and in the event that the Housing Code Enforcement
Officer has reasonable grounds to believe that a violation of any
provision of this chapter or any regulation pursuant thereto has occurred
or is occurring, the Housing Code Enforcement Officer shall apply
to a court of competent jurisdiction, describing the dwelling, dwelling
unit, or premises in question and stating the facts on which the Housing
Code Enforcement Officer has concluded that reasonable grounds exist
to form a belief that violation of any provision of this chapter exists,
for an order granting authority to enter, inspect, examine, and survey
the described dwelling, dwelling unit, or premises for the purpose
of determining whether there has been compliance with the notice of
violation.
D.
There is hereby created a Housing Code Appeals Board which consists
of five members appointed by the Town Council for five-year terms;
provided, however, that of the five members appointed subsequent to
adoption of this chapter, one shall be appointed for a five-year term,
one for a four-year term, one for a three-year term, one for a two-year
term, and one for a one-year term.
(1)
Any person aggrieved by any notice which has been issued in connection
with the enforcement of any provision of this chapter may request
and shall be granted a hearing on the matter before the Housing Code
Appeals Board, provided that such person shall file in the office
of the Chairperson of the Housing Code Appeals Board a written petition
requesting such hearing and setting forth a brief statement of the
grounds for such appeal within 10 calendar days after the notice was
serviced. Upon receipt of such petition the Chairperson of the Housing
Code Appeals Board shall set a time and place for such hearing and
shall give the petitioner at least five days' written notice thereof.
(2)
At such hearing the petitioner shall be given an opportunity to be
heard and to show why such notice should be modified, extended or
withdrawn or a variance granted.
(3)
The hearing shall be scheduled for not later than 30 days after the
day on which the petition was filed.
E.
Such hearing shall be had before at least three members, a quorum,
of the Housing Code Appeals Board. Said Board, by at least three votes,
shall sustain, modify or withdraw the notice; it may also grant an
extension or variance in accordance with the following conditions:
(1)
The time for performance of any act required by the notice may be
extended for not more than three months subject to appropriate conditions
and where the Board makes specific findings of fact based on evidence
relating to the particular case that there are practical difficulties
or unnecessary hardships in the way of carrying out the strict letter
of any provisions of this chapter and such extension is in harmony
with the general purpose and intent of this chapter in securing the
public health, safety and general welfare. An extension may be granted
up to the time of change of ownership, except in matters of nuisance,
health and fire safety.
(2)
A variance may be granted in a specific case and from a specific
provision of this chapter subject to appropriate conditions and where
the Board makes specific findings of fact based on evidence relating
to the particular case that:
(a)
There are practical difficulties or unnecessary hardships in
the way of carrying out the strict letter of the provision;
(b)
The effect of the application of the provisions would be arbitrary
in the specific case;
(c)
An extension would not constitute an appropriate remedy for
these practical difficulties or unnecessary hardships and this arbitrary
effect; and
(d)
Such variance is in harmony with the general purpose and intent
of this chapter in securing the public health, safety and general
welfare.
F.
If the notice is sustained, modified, or extended, it shall become an order as so sustained, modified, or extended. Any notice served pursuant to Subsection A of this section shall automatically become an order if a written petition for a hearing is not filed in the office of the Chairperson of the Housing Code Appeals Board within 10 calendar days after such notice is served.
G.
The proceedings at such hearings, including the findings and decisions
of the Housing Code Appeals Board, shall be summarized, reduced to
writing, and entered as a matter of public record in the office of
the Town Clerk and open to reasonable public inspection. Such record
shall also include a copy of every notice or order issued in connection
with the matter. Any person aggrieved by a decision of the Housing
Code Appeals Board may seek relief therefrom in any court of competent
jurisdiction, within 10 calendar days from the date of sending of
notice of the decision of the Housing Code Appeals Board, in accordance
with the provisions of the General Statutes of Connecticut as they
relate to the taking of appeals from a zoning commission and zoning
board of appeals.
H.
Whenever, in the judgment of the Housing Code Enforcement Officer,
an emergency exists which requires immediate action to protect the
public health, welfare, or safety, the Housing Code Enforcement Officer
shall forthwith and without notice or hearing cause to be served either
verbally or in writing an order describing the violation(s) and reciting
the existence of the emergency. The Housing Code Enforcement Officer
may then take such action under the law as the Housing Code Enforcement
Officer deems necessary to eliminate and cure the violation(s). Any
person who is aggrieved by such notice of violation and order shall
comply with its directions at once. However, said aggrieved person
shall, upon written request within 10 calendar days after such notice
is served, be given a hearing by the Housing Code Appeals Board within
two business days of such request.
J.
All subsequent transferees of a dwelling, dwelling unit, rooming
unit or bed-and-breakfast unit shall be deemed to have notice of the
continuing existence of the violations alleged, and said transferees
shall be liable to all penalties and procedures provided by this chapter
and by applicable rules and regulations issued pursuant thereto to
the same degree as was their transferor.
K.
All subsequent transferees of a condemned dwelling, dwelling unit,
rooming unit or bed-and-breakfast unit shall be deemed to have notice
of the continuing existence of the violations alleged, and said transferees
shall be liable to all penalties and procedures provided by this chapter
and by applicable rules and regulations issued pursuant thereto to
the same degree as was their transferor.
A.
No owner or other person shall occupy, or let to another person,
any dwelling or dwelling unit unless said dwelling or dwelling unit
and the premises are clean, sanitary, fit for human occupancy, and
comply with all applicable legal requirements of the State of Connecticut
and the Town of Plainville.
B.
Every owner of a dwelling containing two or more dwelling units shall
maintain in a clean and sanitary condition the shared or public areas
of the dwelling and premises thereof.
C.
Every occupant of a dwelling or dwelling unit shall maintain in a
clean and sanitary condition that part or those parts of the dwelling,
dwelling unit and premises thereof that he occupies and controls.
D.
Every owner or occupant of a dwelling or dwelling unit shall store
and dispose of all his refuse in a clean, sanitary and safe manner.
E.
Every owner of a dwelling containing more than one dwelling unit
shall supply facilities or sufficient containers for the sanitary
and safe storage and/or disposal of rubbish and garbage by the occupant
of said dwelling unit. In the case of a single-family dwelling it
shall be the responsibility of the occupant to furnish such facilities
or containers.
F.
Every occupant of a dwelling unit shall store and discard in a clean,
sanitary and safe manner all rubbish, refuse, garbage and any other
organic waste which might provide food or harborage for rodents and
insects. If a container is used for storage pending collection it
shall be secure against entry by insects and rodents and shall be
watertight and properly protected from wind or erosion spread.
G.
The owner of a dwelling or dwelling unit or structure shall be responsible
for providing and installing all screens, storm doors and windows.
However, once installed in any one season, they shall become the responsibility
of the occupant, provided that it is the same occupant when they were
initially or seasonally installed, except that in common areas the
owner shall have the responsibility for maintenance and replacement.
H.
Every occupant of a dwelling containing a single dwelling unit shall
be responsible for the extermination of any insects, rodents, or other
pests therein or on the premises. Every occupant of a dwelling unit
in a dwelling containing more than one dwelling unit shall be responsible
for such extermination whenever his dwelling unit is the only one
infested. Notwithstanding the foregoing provisions of this subsection,
whenever infestation is caused by failure of the owner to maintain
a dwelling in a rodent-proof or insect-proof condition, extermination
shall be the responsibility of the owner. Whenever infestation exists
in two or more dwelling units in any dwelling, or in the shared or
common parts of any dwelling containing two or more dwelling units,
extermination thereof shall be the responsibility of the owner.
I.
Every occupant of a dwelling unit or structure shall keep all plumbing
fixtures and facilities therein clean, operable, and in sanitary condition
and shall be responsible for the exercise of reasonable care in the
proper use and operation thereof.
J.
No owner or occupant of a dwelling, dwelling unit, or structure shall
accumulate refuse, rubbish, boxes, lumber, scrap metal, or any other
material in such a manner that may provide a rodent or insect harborage
or rodent or insect food source in or about any dwelling, dwelling
unit, structure, accessory structure or premises.
No person shall occupy as owner-occupant, 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 section.
A.
Every dwelling unit shall have a room or portion of a room in which
food may be prepared and/or cooked and which shall be equipped with
the following:
(1)
A kitchen sink in good working condition apart from the lavatory sink required in Subsection C. Said kitchen sink shall be properly connected to a water supply system which is approved by the appropriate authority and at all times shall provide an adequate amount of heated and unheated running water under pressure. Said kitchen sink shall be connected to a sewer system or septic system which is approved by the appropriate authority.
(2)
Cabinets and/or shelves for the storage of eating and drinking and
cooking equipment and utensils and of food that does not, under ordinary
summer conditions, require refrigeration for safekeeping. Said cabinets
and/or shelves shall be adequate for the permissible occupancy of
the dwelling unit and shall be kept in proper repair and of sound
construction, with surfaces that are easily cleanable and that will
not impart any toxic or deleterious effect to food.
(3)
A stove or similar device for cooking food and a refrigerator or
similar device for the safe storage of food at temperatures less than
45° F. but more than 32° F., under ordinary summer conditions.
Both said stove and refrigerator shall be properly installed with
all necessary connections for safe, sanitary and efficient operation.
It is provided, however, that such stove, refrigerator, and/or similar
devices need not be installed when the dwelling unit is not occupied
and when the occupant is expected to provide the same at time of occupancy.
In that case a safe and efficient connection and sufficient space
for the operation of said stove, refrigerator, and/or similar device
shall be provided.
B.
Water closet. Within every dwelling unit there shall be a room affording
privacy to a person within said room. Said room shall be equipped
with a water closet in good working condition, and such water closet
shall be equipped with easily cleanable surfaces, shall be connected
to a water system that at all times provides an adequate amount of
running water under pressure so as to cause the water closet to be
operated properly, and it shall also be connected to a sewer system
or septic system which is approved by the appropriate authority.
C.
Lavatory sink. Within every dwelling unit there shall be a room,
affording privacy to a person, which is equipped with a lavatory sink;
said lavatory sink may be either in the same room as the water closet
or in an adjacent room. The lavatory sink shall be in good working
and sanitary condition and properly connected in an approved water
supply system, which water supply system shall at all times provide
an adequate amount of heated and unheated water under pressure. Said
lavatory sink shall be connected to a sewer or septic system which
is approved by the appropriate authority.
D.
Water-heating facilities. The water-heating facilities necessary to provide the hot water required shall be properly installed and connected to the hot water lines required, shall be maintained in safe and good working condition, and shall be capable of heating water to such a temperature as to permit at all times 15 gallons of hot water to be drawn at every required kitchen sink, lavatory sink, 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, rooming unit, bed-and-breakfast house, or bed-and-breakfast unit heating facilities required under the provisions of § 243-7A, C, D and E are not in operation.
E.
Bathtub or shower. Within every dwelling unit there shall be a room
which affords privacy to a person within said room and which is equipped
with a bathtub or shower in good working and sanitary condition. Said
bathtub or shower may be in the same room as the water closet or lavatory
sink or in another room. Said bathtub or shower shall be properly
connected to a water supply system which is approved by the appropriate
authority and which provides at all times an adequate amount of heated
and unheated running water under pressure. Said bathtub or shower
shall also be connected to a sewer system or septic system which is
approved by the appropriate authority.
F.
All structures consisting of three dwelling units or fewer shall
have one or more approved means of egress from each unit, leading
to safe and open space at ground level, as required by the laws of
this state and the Town of Plainville. All structures consisting of
four dwelling units or more shall have two or more approved means
of egress from each unit, leading to safe and open space at ground
level, as required by the laws of this state and the Town of Plainville.
G.
No person shall let to another for occupancy any dwelling or dwelling
unit unless all egress doors of the dwelling or dwelling unit are
equipped with safe, functioning locking devices.
No person shall occupy as owner-occupant, or let to another
for occupancy, any dwelling or dwelling unit, for the purpose of living
therein, which does not comply with the requirements of this section.
A.
Every habitable room shall have at least one window or skylight facing
directly to the outdoors. The minimum total window area, measured
between stops, for every habitable room shall be not less than 10%
of the floor area of such room. Wherever walls or other portions of
any structure face a window of any such rooms, and where such light-obstructing
structure is located less than three feet from the window and extends
to a level above that of the middle of such window in any room, such
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. Wherever the only window in a room is a skylight-type window
in the top of such room, the total window area of such skylight shall
equal at least 15% of the total floor area of such room. Each window
or skylight shall be not less than three square feet in area.
B.
At least one window or skylight of every habitable room shall face directly outdoors and shall be easily opened or the room shall be equipped with such device as will adequately ventilate the room. If no such ventilating device is furnished, the total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size, or minimum skylight-type window size, as required in Subsection A of this section.
C.
Every bathroom, water closet, tub or shower compartment shall comply with the light and ventilation requirements for habitable rooms contained in Subsections A and B, except that no window or skylight shall be required in adequately ventilated bathrooms, water closets, or tub or shower compartments equipped with a ventilation system in working condition which is approved by the appropriate authority.
D.
Every dwelling unit and all public and common areas shall be supplied
with electric service, wiring, 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 of
Plainville and the State of Connecticut.
(1)
The
capacity of the electrical service to any dwelling unit shall be a
minimum 100 amperes, except that a sixty-ampere service may be permitted
provided that the total ampere load of any dwelling unit as calculated
under the provisions of the National Electrical Code does not exceed
48 amperes. Each structure shall have its own service drop.
(2)
All
branch circuits shall be properly protected by a circuit breaker or
fuses. The Housing Code Enforcement Officer may, upon inspection,
require installation of Type S fuses to prevent overfusing of circuits
in dwellings that utilize fuse protection.
E.
Every habitable room and pantry shall have sufficient electrical
outlets and/or lighting fixtures capable of providing at least three
watts per square foot of floor area and sufficient lumens and footcandles
of light to all habitable rooms and storage areas. Bare bulb lighting
fixtures shall be prohibited in closets.
F.
All habitable rooms shall have at least one floor or wall type duplex
electric convenience outlet for each 60 square feet, or fraction thereof,
of floor area, and in no case fewer than two duplex outlets.
G.
Every water closet compartment, bathroom, lavatory, kitchenette,
laundry room, furnace room, and public hall shall contain at least
one supplied ceiling or wall type electric light fixture capable of
supplying at least 60 watts and sufficient lumens and footcandles
of light to all areas. Every water closet compartment, bathroom, lavatory,
kitchenette, or laundry room shall contain at least one convenience
duplex wall or floor type electrical outlet.
H.
Convenient switches for turning on one light in each room or passageway
shall be located so as to permit the area ahead to be lighted.
I.
Every public hall and stairway in every dwelling shall be adequately
lighted by natural and/or electric light at all times so as to permit
the area ahead to be lighted. Every public hall and stairway in structures
containing not more than three dwelling units may be supplied with
conveniently located light switches controlling an adequate lighting
system which may be turned on when needed as an alternative to the
furnishing of full-time lighting.
J.
All rooms or areas which are used or intended to be used for workshops,
hobby rooms, studios, or the like shall comply with all regulations
for habitable rooms contained in this section.
No person shall occupy as owner-occupant, or let to another
for occupancy, any dwelling or dwelling unit, for the purpose of living
therein, which does not comply with the following requirements:
A.
Every dwelling shall have heating facilities which shall be properly
installed and maintained in safe and working condition and which shall
be capable of safely and adequately heating all of the habitable rooms,
kitchenettes, bathrooms, and all water closet, tub and shower compartments
in every dwelling unit located therein. Such heating facilities shall
adequately heat these rooms to a temperature of at least 65° F.
during all times of the year, the reading to be taken at a distance
18 inches above the floor level of each such room.
B.
Unvented flame space heaters are prohibited. Such portable electric heaters as are approved under the appropriate local or state electrical and/or fire prevention code will be acceptable where they meet the provisions of Subsection A.
C.
No person shall install, use or allow to be used a space heater in
any building used in whole or in part as a place of human habitation
as set forth in Chapter 541, § 29-318, of the Connecticut
General Statutes.
D.
Every fuel-burning room heater and/or unit hot water facility shall:
(1)
Not use gasoline or other highly volatile liquid or jelly as fuel
unless properly certified for such use.
(2)
Not be of the portable type.
(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
of Connecticut and the Town of Plainville.
(4)
If employing solid or liquids, 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, ceiling, floor or other combustible material.
(6)
If employing gaseous fuel, be properly equipped with rigid piping
up to the accessible shutoff valve.
(7)
If employing electricity, be connected to an electric circuit of
adequate capacity in an approved manner.
(8)
Be free of any fuel leaks.
(9)
Be installed and operated in the manner required by the statutes,
ordinances and regulations of the State of Connecticut and the Town
of Plainville.
E.
All wood- or coal-burning stoves used as a supplemental heating facility
and/or water heater must be installed in accordance with the ordinances
of the Town of Plainville and approved by the appropriate authority
within the Town.
F.
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;
(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 of Connecticut and the Town of Plainville; and
(5)
Be free of any fuel leaks.
No person shall occupy as owner-occupant, or let to another
for occupancy, any dwelling or dwelling unit, for the purpose of living
therein, which does not comply with the requirements of this section.
A.
Every foundation, floor, roof, ceiling, exterior and interior wall,
and accessory structure shall be kept weathertight, watertight, and
damp-free, shall be kept in sound condition and good repair, and shall
be capable of affording privacy for the occupants. All exterior wood
surfaces shall be protected and properly maintained from the elements
and decay by paint or other protective covering or treatment. Toxic
paint and materials will not be used on such exterior surfaces as
are readily accessible to children.
B.
Lead paint or potentially hazardous material on the interior surfaces
of any dwelling unit, rooming unit, bed-and-breakfast unit, rooming
house or bed-and-breakfast house or on any fixtures or other objects
used, installed or located in or upon any exposed surface in any such
facility is prohibited. Such interior surfaces include, but are not
limited to, windowsills, window frames, doors, door frames, walls,
ceilings, stair rails and spindles, and all other appurtenances of
the interior portion of the dwelling premises.
C.
In each instance where conditions disclose loose, flaking, chipping,
or falling paint, plaster or paper, and there is reason to believe
that the presence of lead paint or toxic material exists as a potential
hazard, the Housing Code Enforcement Officer shall take samples in
a manner prescribed by the appropriate authority and shall submit
samples for analysis to said appropriate authority.
D.
Every window, exterior door and basement hatchway and all similar
devices shall be kept insect- and rodent-proof and reasonably watertight
and weathertight and shall be kept in sound working condition and
good repair at all times.
E.
All rainwater shall be so drained and conveyed from every roof so
as not to leak or cause dampness in the walls, ceilings or floors
of any room or of any part of the structure.
F.
During that portion of the year when there is a need for protection
against mosquitoes, flies, and other insects, every door that is intended
to be used for ventilation that opens directly from a dwelling unit
to outside space shall be equipped with properly fitting screens having
not less than a 16 mesh and shall be operated by a self-closing device;
during said portion of the year every window or other device with
openings to outdoor space, used or intended to be used for ventilation,
shall also be supplied with such screen, except that no screens shall
be required for any dwelling unit located on any floor above the fifth
floor.
G.
Rodent-proofing.
(1)
Every
window located at or near ground level that is used or intended to
be used for ventilation, and every other opening located at or near
ground level which might provide an entry for rodents, shall be supplied
with adequate gauge screen or such other device as will effectively
prevent their entrance.
(2)
Every
dwelling or accessory structure, and the premises upon which it is
located, shall be rodent-proof and maintained so as to prevent the
harboring of rodents. Such premises shall be graded and drained, kept
free of standing water, and maintained in a clean, sanitary, and safe
condition.
(3)
All
openings in the exterior walls, foundations, basements, ground or
first floors, and roofs which have an opening that is a 1/2 inch or
more in diameter shall be rodent-proofed in an approved manner if
such openings may be reached by rodents from the ground by climbing
unguarded pipes, wires, cornices, stairs, roofs, and other means such
as trees or lines by burrowing.
(4)
Skirting,
lattice, or other non-rodent-proofed enclosure that can create a harboring
place for rodents under a porch or under any other portions of a building
shall be rodent-proofed at all locations where a rodent could find,
burrow, or gnaw an access opening.
(5)
In
the event that occupancy usages would result in the stacking or piling
of materials, the materials shall be so arranged as to prohibit the
creation of a harbor for insects or rodents. This can be accomplished
by orderly stacking and elevating such material so that there will
be an eighteen-inch opening between the material and the ground level.
No material shall be stacked or piled against the exterior walls of
any structure.
(6)
All
doors, including swinging, sliding and folding types, shall be constructed
so that the space between the lower edge of the floor and the threshold
shall not exceed 3/8 inch. It is provided further that the space between
sections of folding and sliding doors when closed shall not exceed
3/8 inch. All exterior doors shall be threshold stopped.
(7)
Interior
floors of basements, cellars, and other areas in contact with the
soil shall be paved with concrete or other materials impervious to
rodents.
(8)
Materials
used for rodent control shall be those materials that are acceptable
to the appropriate authority.
(9)
In
areas of heavy rodent infestation, the Housing Code Enforcement Officer
shall require that every exterior door be equipped with an automatic
closing device or with a screen door that is equipped with such a
device and properly fitted and maintained.
(10)
All
sewers, pipes, drains, conduits, roof ventilators, chimneys, pipe
vents, downspouts, openings, etc., permitting accessibility to rodents
shall be protected against entry by grilles, hardware cloth, caps,
expanded metal covers, or other rodent-proof material acceptable to
the appropriate authority.
(11)
If
the space between two buildings is too small to permit inspection
of the exterior walls of such building, such space shall be sealed
so as to prevent the entrance of rodents or other animals. Provisions
shall be made in the rodent-proofing in such cases that drainage is
not obstructed.
H.
All fences provided by the owner or an occupant on the premises shall
be constructed of manufactured metal fencing material, wood, masonry,
or other inert material. Such fences shall be maintained in good condition
or shall be removed. Wood materials shall be protected against decay
by use of paint or other preservative. The permissible height and
other characteristics of all fences shall conform to the appropriate
statutes, ordinances, and regulations of the State of Connecticut
and the Town of Plainville. Wherever any egress from the dwelling
opens into the fenced area, the fence shall include a means of egress
from the premises to any public way adjacent thereto.
I.
Accessory structures on the premises shall be structurally sound
and shall be maintained in good repair and free from insects and rodents
or such structures shall be removed from the premises. The exterior
of such structures shall be made weather-resistant through the use
of decay-resistant materials or the use of paint or other preservatives.
J.
Every foundation, roof, floor, exterior and interior wall, ceiling,
inside and outside stair, every porch, gutter, leaders, and downspout,
and every appurtenance thereto, shall be safe to use and capable of
supporting the loads that normal use may cause to be placed thereon
and shall be kept in sound condition and good repair.
K.
Every inside and outside stair or step shall have uniform risers and treads, and stairways shall have handrails, structurally sound, of required height and balustrades spaced as in Subsection L.
L.
Porches, stairways, and/or balconies located more than three feet
higher than the adjacent area shall have structurally sound protective
handrails of the required height, and if unenclosed, balusters spaced
no less than six inches apart shall also be provided. Alternate systems
providing at least the same degree of protection, if approved by the
appropriate authority, shall be acceptable.
M.
Every plumbing fixture, and water and waste pipe, shall be properly
installed and maintained in good sanitary working condition at all
times.
N.
Every water closet compartment shall be constructed and maintained
so as to be impervious to water. Every bathroom, water closet, tub
or shower compartment, and kitchen floor surface shall be so constructed
and maintained so as to be easily kept in clean and sanitary condition
and shall be reasonably impervious to water.
O.
Every plumbing fixture and pipe, every chimney, flue and smoke pipe,
and every other facility, piece of equipment, utility, and heating
apparatus installed on the premises for the use of any dwelling unit
or which is otherwise required under this chapter shall be constructed
and installed in conformance with the applicable local or state codes
and shall be maintained in satisfactory working condition.
P.
Neither the owner nor any occupant of any dwelling unit shall cause
any service, facility, equipment, or utility which is required under
this chapter to be removed from, or shut off from, or discontinued
for any premises containing an occupied dwelling or dwelling unit
let or occupied 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 appropriate
authority.
Q.
All construction and materials, all ways and means of egress, and
all installation and use of equipment and facilities shall conform
to applicable state and local laws dealing with fire protection and
shall be installed and maintained in a workmanlike manner.
No person shall occupy, or let to be occupied, any dwelling
unit, for the purpose of living therein, which does not comply with
the requirements of this section.
A.
Every dwelling unit shall contain at least 150 square feet of floor
space for the first occupant thereof and at least 130 square feet
of floor space for every additional occupant thereof, the floor space
to be calculated on the basis of total habitable room space.
B.
In every dwelling unit of two or more rooms, every room primarily
used for sleeping purposes shall contain at least 70 square feet of
floor space for the first occupant and at least 50 square feet of
floor space for each additional occupant thereof.
C.
No dwelling or dwelling unit, containing two or more sleeping rooms,
shall have such room arrangement that access to a bathroom or water
closet, tub or shower compartment, intended for use by occupants of
more than one sleeping room, can be entered only by going through
another sleeping room or a bathroom or water closet, tub or shower
compartment, nor shall room arrangements be such that access to a
sleeping room can be entered only by going through another sleeping
room. Each room shall provide privacy. A bathroom or water closet,
tub or shower compartment shall not be used as the only passageway
to any hall, basement or cellar or to the exterior of a dwelling unit.
D.
Every separate and detached dwelling unit shall contain a minimum
of 480 square feet of space, with any minimum dimension being 18 feet,
and shall contain a kitchen, living room or family room, bedroom and
bathroom. All other separate and detached structures, not existing
as dwelling units, shall conform to all the zoning, health and fire
regulations and building requirements in addition to this code.
E.
All dwelling units constructed after the effective date of this amendment
shall have at least 75% of the floor area of every habitable room
with a clear ceiling height of no less than seven feet six inches
in the basement and seven feet four inches in all other stories. For
dwellings in existence prior to the effective date, a minimum ceiling
height of six feet six inches shall be required for 50% of the floor
area of any habitable room. The floor area of that part of any room
where the ceiling height is less than five feet shall not be considered
as part of the floor area of the room for the purpose of determining
the maximum permissible occupancy thereof. At least 50% of the floor
area in the attic rooms shall have a ceiling height of six feet six
inches.
(1)
There are no pipes, or other obstructions, less than six feet six
inches above the floor level which interfere with the normal use of
the room or area.
(2)
The floor, and those portions of the walls below grade, are of waterproof
and damp-proof construction.
(3)
The minimum window area, required in § 243-6A, is located entirely above grade of the ground adjoining such window area or, if windows are located wholly or partly below grade, it shall be required that there be constructed a properly drained window well whose ground area shall be equal to, or greater than, the area of the window opening; the bottom of the window well shall be below the top of the impervious masonry construction under this window; the minimum horizontal projections of the bottom of the window well shall be equal to, or greater than, the vertical dimension (depth) of this window opening, as measured from the bottom of the masonry opening, and no part of the window well, opposite this window, shall protrude above a line projected at a forty-five-degree angle from the bottom of the window opening at right angles to the outer wall.
F.
Every dwelling unit shall have closet or storage space of at least
four square feet floor to ceiling height for the personal effects
of each of the permitted number of occupants of that dwelling unit.
If such required closet or storage space is lacking, an amount of
space equal in square footage to the deficiency shall be subtracted
from the area of habitable room space to be used in determining the
number of occupants to be permitted in the dwelling unit.
G.
For the purpose of ensuring the safety of children in the residential
environment, each dwelling shall have a facility suitable for the
safe storage of medicines, toxic materials, and various poisonous
household substances as determined by the appropriate authority.
H.
Limitation of dwelling unit access 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, food service facility, barber or beauty shop, doctor's
or dentist's examination or treatment room, automobile repair garages
or shops, or any similar room used for public or private purposes.
No person shall operate a rooming house or bed-and-breakfast house, or shall occupy or let to another for occupancy any rooming house or bed-and-breakfast house, except in compliance with the provisions of §§ 243-4, 243-5 and 243-6 of this chapter. No vacant rooming unit or bed-and-breakfast unit shall be occupied or let unless it is clean, sanitary, and fit for human occupancy and shall otherwise be in compliance with all applicable requirements of the Town of Plainville and the State of Connecticut.
A.
No person shall operate a rooming house or bed-and-breakfast house
unless he holds a valid permit issued by the Housing Code Enforcement
Officer, Fire Marshal, and Building Official, in the name of the operator
and for said dwelling or dwelling unit as specified in such permit.
The operator shall apply, on applications provided by the Housing
Code Enforcement Officer, for such permit, which shall be issued by
the Housing Code Enforcement Officer only after determining that said
rooming house or bed-and-breakfast house is in compliance with the
applicable provisions of this chapter and with any rules and regulations
adopted pursuant thereto. The permit shall be displayed in a conspicuous
place within the dwelling at all times. No such permit shall be transferable.
Application for such permit by the operator of said rooming house
or bed-and-breakfast house shall serve as authorization by the operator
for the Housing Code Enforcement Officer to make any and all of such
inspections or reinspections as the Housing Code Enforcement Officer
shall find to be necessary to determine the condition of the rooming
units or bed-and-breakfast units consistent with the enforcement of
the provisions of this chapter. Such entry, examination and survey
shall be conducted during reasonable hours. Every person holding such
permit shall give notice in writing to the Housing Code Enforcement
Officer within 24 hours after having sold, transferred, given away,
or otherwise disposed of ownership of, interest in, or control of
any rooming house or bed-and-breakfast house. Such written notice
shall include the name and address of the person succeeding to the
ownership, interest in, or control of such rooming house or bed-and-breakfast
house. Every permit shall expire at the end of the year following
its date of issuance, unless it is earlier suspended or revoked as
hereinafter provided.
B.
At least one water closet, lavatory sink, and bathtub or shower that
is properly connected to a potable water supply and sewer or septic
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 or bed-and-breakfast house,
including members of the operator's family wherever they share the
use of said facilities. It is further provided that:
(1)
None of the above-mentioned facilities shall be located in a basement,
except by written approval of the Housing Code Enforcement Officer.
(2)
In a rooming house or bed-and-breakfast house where rooms are let
only to males, flush urinals may be substituted for not more than
1/2 the required number of water closets.
(3)
Every lavatory sink and bathtub or shower shall be supplied with
heated and unheated water under pressure at all times.
(4)
Cooking in a rooming unit or bed-and-breakfast unit shall be prohibited.
(5)
Communal cooking and dining facilities in a rooming house or bed-and-breakfast
house shall be prohibited, except as approved by the Housing Code
Enforcement Officer in writing.
C.
All rooming unit and bed-and-breakfast unit doors shall have operating
locks to ensure privacy.
D.
The operator of every rooming house or bed-and-breakfast house shall
change supplied bed linen and towels therein at least once each week
and prior to the letting of any room to any occupant. The operator
shall be responsible for the clean and sanitary maintenance of all
supplied bedding.
E.
Access to or egress from each rooming unit or bed-and-breakfast unit
shall be provided without passing through any other rooming unit,
bed-and-breakfast unit or dwelling unit or any water closet, lavatory
sink, bathtub or shower compartment.
F.
The operator of any rooming house or bed-and-breakfast house shall
post in every rooming unit or bed-and-breakfast unit a sign on which
shall be legibly written or printed in letters on durable stock, not
less than 3/8 inch in height, the following words: "No Cooking of
Any Kind Permitted in This Room," and such sign shall be posted and
maintained at all times the room is occupied.
G.
Every rooming house and bed-and-breakfast house shall have two or
more safe, unobstructed means of egress leading to safe and open space
at ground level, as required by the laws of the State of Connecticut
and the ordinances of the Town of Plainville.
H.
Every provision of this chapter which applies to rooming houses and
bed-and-breakfast houses shall also apply to hotels, motels, dormitories,
and clubs, except to the extent that any such provisions may be found
in conflict with the laws of the State of Connecticut or the ordinances
of the Town of Plainville.
A.
The Housing Code Enforcement Officer is hereby authorized to enter,
inspect, examine, and survey all rooming houses, rooming units, bed-and-breakfast
houses and bed-and-breakfast units at all reasonable hours. Whenever
upon inspection of any rooming house, rooming unit, bed-and-breakfast
house or bed-and-breakfast unit the Housing Code Enforcement Officer
finds that conditions or practices exist which are in violation of
applicable state fire and building codes, any provisions of this chapter,
or of any applicable rule or regulation adopted pursuant thereto,
the Housing Code Enforcement Officer shall give a written order to
the operator of such dwelling that unless such conditions are corrected
within a period of time to be specified by the Housing Code Enforcement
Officer the operator's permit will be suspended. Such period of time
shall be of a reasonable length. At the end of said period of time
the Housing Code Enforcement Officer shall reinspect such dwelling
under the conditions of his first entry and inspection as set forth
above. If the Housing Code Enforcement Officer determines that such
conditions have not been corrected, he shall issue an order suspending
the operator's permit.
B.
Any person whose permit to operate a rooming house or bed-and-breakfast house has been suspended by order of the Housing Code Enforcement Officer shall be granted the right to a hearing on the suspension order by the Housing Code Appeals Board in the manner prescribed by § 243-3D through H on hearings and appeals. If no such petition for a hearing is received by the Housing Code Appeals Board within 10 days following the day on which the permit suspension was served, said permit shall be deemed revoked.
A.
The Housing Code Enforcement Officer is hereby authorized and directed
to make inspections, by and with the authorization of either the owner,
occupant, or person in charge, to determine the condition of dwellings,
dwelling units, and premises within the Town of Plainville for the
purpose of determining compliance with the provisions of this chapter.
For the purpose of making such inspections the Housing Code Enforcement
Officer, with authorization of either the owner, occupant or person
in charge, is hereby empowered to enter, examine and survey all dwellings,
dwelling units, rooming units, bed-and-breakfast units, and premises
at all reasonable hours. Such inspection, examination, and survey
shall be made in a manner that will cause the least amount of inconvenience
to said owner or occupant, consistent with an efficient performance
of the duties of the Housing Code Enforcement Officer. To further
ensure that the policy of this chapter is to achieve compliance through
cooperation of owners and occupants, and to ensure that such policy
will be successfully maintained, whenever practicable the Housing
Code Enforcement Officer will provide reasonable advance notice to
the owner, the person in charge, and/or the occupants of any planned
blanket inspection and any inspections of a routine nature, excluding
the investigation of complaints registered by any person, identified
or anonymous.
B.
Denial of entry.
(1)
Whenever an owner, occupant, or person in charge of a dwelling, dwelling
unit, or premises shall deny the Housing Code Enforcement Officer
right of entry for the purpose of inspection, investigation, examinations
or survey, the Housing Code Enforcement Officer shall not so enter
until he presents a duly granted authorization to enter for the purpose
of inspection, investigations, examination, or survey of such premises.
(2)
Nothing in this section shall be construed to preclude the entry
of the Housing Code Enforcement Officer at any time when, in his judgment,
an emergency tending to create an immediate danger to the public health,
welfare, or safety exists or when such entry by the Housing Code Enforcement
Officer is requested by either the owner, occupant, or person in charge
of the dwelling, dwelling unit, rooming unit, bed-and-breakfast unit
or premises or when the Housing Code Enforcement Officer presents
a duly granted authorization to enter for the purpose of inspection,
investigations, examinations, or survey of such premises for the purpose
hereof.
(3)
Any owner, occupant, or person in charge of a dwelling, dwelling unit, rooming unit, bed-and-breakfast unit or premises refusing to permit, or impeding, entry of and free access to any part of any dwelling, dwelling unit, rooming unit, bed-and-breakfast unit, structure, or premises for the purposes of inspection, investigation, examination, or survey under the provisions of this subsection and Subsection A above shall, upon conviction, be fined not less than $50 nor more than $99 as provided in § 243-14 of this code.
C.
The Housing Code Enforcement Officer shall keep confidential all
evidence which may be discovered or obtained in the course of an inspection
made pursuant to this section, except when in conflict with applicable
freedom of information statutes. Evidence so obtained shall not be
disclosed except as may be necessary in the judgment of the Housing
Code Enforcement Officer for the effective administration and enforcement
of the provisions of this chapter and rules and regulations issued
pursuant thereto.
D.
Every owner or operator of a rooming house or bed-and-breakfast house shall
keep, or cause to be kept, records of all requests for repair and
compliance by tenants, which requests are related to the provisions
of this chapter and to any applicable rules and regulations, and records
of all corrections made in response to such requests and complaints.
Such records shall be made available by the owner or operator to the
Housing Code Enforcement Officer for inspection and copying upon request.
Such records shall be admissible in any administrative or judicial
proceeding pursuant to the provisions of this chapter as prima facie
evidence of the violation or the correction of violations of this
chapter or of applicable rules and regulations pursuant thereto.
The Town Manager/Housing Code Enforcement Officer is hereby
authorized to make, adopt, revise, and amend such rules and regulations
as are deemed necessary for the carrying out of the provisions of
this chapter in accordance with the procedures made, established,
and provided by the Town Charter and ordinances of the Town of Plainville.
Any person who shall violate any provision of this code or who
shall willfully refuse or fail to obey an order of the Housing Code
Enforcement Officer or the Housing Code Appeals Board to comply with
this chapter, or of any rule or regulation adopted hereunder, shall,
upon conviction, be fined not less than $50 nor more than $99, and
each day's failure to comply with any such provision shall constitute
a separate violation.
A.
The designation of any dwelling, dwelling unit, rooming house, rooming
unit, bed-and-breakfast house or bed-and-breakfast unit as unfit for
human habitation, and the procedure for the condemnation and placarding
of such dwelling or dwelling unit, rooming house or rooming unit,
bed-and-breakfast house or bed-and-breakfast unit, shall be carried
out in compliance with the following requirements.
B.
Any dwelling, dwelling unit, rooming house, rooming unit, bed-and-breakfast
house or bed-and-breakfast unit which the Housing Code Enforcement
Officer shall find to have one or more 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. Any dwelling,
dwelling unit, rooming house, rooming unit, bed-and-breakfast house
or bed-and-breakfast unit that:
(1)
Is
so damaged, decayed or dilapidated, unsanitary, unsafe, or vermin-infested
or potential vermin harborage that it creates a hazard to the health
or safety of the occupants or of the public.
(2)
Lacks
illumination, ventilation, or sanitation facilities adequate to protect
the health or safety of the occupants or of the public.
C.
Any dwelling, dwelling unit, rooming house, rooming unit, bed-and-breakfast
house or bed-and-breakfast unit that is condemned as unfit for human
habitation and so designated and placarded by the Housing Code Enforcement
Officer shall be vacated forthwith by all occupants thereof.
D.
No dwelling, dwelling unit, rooming house, rooming unit, bed-and-breakfast house or bed-and-breakfast unit that has been condemned and placarded as unfit for human habitation shall be used again for human habitation until written approval is secured from the Housing Code Enforcement Officer and until such placard is removed by express permission of the Housing Code Enforcement Officer and said dwelling, dwelling unit, rooming house, rooming unit, bed-and-breakfast house or bed-and-breakfast unit is in compliance with all other appropriate ordinances. The Housing Code Enforcement Officer shall permit removal of such placard by the owner, occupant, or person in charge of the dwelling, dwelling unit, rooming house, rooming unit, bed-and-breakfast house or bed-and-breakfast unit upon the elimination of such defect as was found by the Housing Code Enforcement Officer as described in Subsection B hereinabove.
E.
No person shall willfully deface or remove the placard from any dwelling, dwelling unit, rooming house, rooming unit, bed-and-breakfast house or bed-and-breakfast unit which has been condemned as unfit for human habitation and placarded as such, except when such action has been authorized by the Housing Code Enforcement Officer as provided for in Subsection D above. Whoever violates this provision shall, upon conviction, be subject to a fine of not less than $50 nor more than $99.
F.
Any person aggrieved by any order involving the condemnation and placarding of a dwelling, dwelling unit, rooming house, rooming unit, bed-and-breakfast house or bed-and-breakfast unit shall be granted the right to a hearing subject to the conditions specified in § 243-3 upon the written request of such aggrieved person as provided therein.
G.
In the event no substantial corrective action is taken by the owner,
occupant or person in charge of a dwelling, dwelling unit, rooming
house, rooming unit, bed-and-breakfast house or bed-and-breakfast
unit thus condemned as unfit for human occupancy within three months
following the date of the condemnation described above, provided that
no appeal is then pending, then the Housing Code Enforcement Officer
shall order the condemned structure to be demolished as soon as practicable.
H.
All subsequent transferees of a condemned dwelling, dwelling unit,
rooming house, rooming unit, bed-and-breakfast house or bed-and-breakfast
unit shall be deemed to have notice of the continuing existence of
the violations alleged, and said transferees shall be liable to all
penalties and procedures provided by this chapter and by applicable
rules and regulations issued pursuant thereto to the same degree as
was their transferor.
A.
Each habitable room, dwelling, dwelling unit, rooming house, rooming
unit, bed-and-breakfast house or bed-and-breakfast unit that does
not conform to this chapter and becomes vacated for any reason or
length of time shall conform to this chapter before it is deemed habitable
again.
B.
The owner of each dwelling, dwelling unit, rooming house, rooming
unit, bed-and-breakfast house or bed-and-breakfast unit shall be held
responsible for compliance with this chapter in any instance where
such a dwelling, dwelling unit, rooming house, rooming unit, bed-and-breakfast
house or bed-and-breakfast unit is considered noncomplying. Such work
as is necessary to bring each habitable room, dwelling, dwelling unit,
rooming house, rooming unit, bed-and-breakfast house or bed-and-breakfast
unit into compliance with the standards as noted in this amendment
shall be completed within two years of adoption of the amendment,
unless otherwise ordered by the Housing Code Enforcement Officer.
No dwelling, dwelling unit, rooming house, rooming unit, bed-and-breakfast
house or bed-and-breakfast unit shall be created within an existing
structure or converted, remodeled or altered so as to create an additional
dwelling, dwelling unit, rooming house, rooming unit, bed-and-breakfast
house or bed-and-breakfast unit unless the Building Official and Housing
Code Enforcement Officer have issued a written permit certifying that
the plans and specifications for such work indicate that the provisions
of this chapter will be complied with.
A.
In any case where a provision of this chapter is found to be in conflict
with any existing code, ordinance, or regulation of the Town of Plainville
existing on the effective date of this chapter, the provision which
establishes the higher standard for the promotion and protection of
the health and safety of the people shall prevail.
B.
The Housing Code Enforcement Officer and his assistants shall be
free from personal liability for acts done in good faith in the performance
of official duties. Any suit brought against any officer, agent, or
employee of the municipality as a result of any act required or permitted
in the discharge of his duties under this code shall be defended by
the legal representative of the municipality until the final determination
of the proceedings therein.