[HISTORY: Adopted by the Council of the City
of Breckenridge 3-21-1977 by Ord. No. 328. Amendments noted where
applicable.]
[Amended 6-16-1986 by Ord. No. 397]
The Uniform Housing Code adopted from time to
time as the Minnesota State Building Code published by the International
Conference of Building Officials be and the same hereby is adopted
as the Housing Code for the City of Breckenridge, Minnesota, providing
minimum requirements for the protection of life, limb, health, property,
safety and welfare of the general public and the owners and occupants
of residential buildings.
[Amended 5-7-2018 by Ord.
No. 499]
Three copies of said Uniform Housing Code, 1976
Edition, have been marked official copies and have been filed for
reference and inspection in the office of the City Administrator or
his/her designee and are hereby incorporated and made a part of this
chapter by reference thereto subject to the exceptions and modifications
stated herein to the same extent as if they were fully set out in
this chapter.
A.Â
BUILT-IN DEFICIENCY
HABITABLE ROOM
OWNER
PERSON
REPAIR
REPLACE
TEMPORARY HOUSING
The following definitions shall be added to and made
a part of Chapter 4, Section 401, of said Uniform Housing Code, 1976
Edition:
A deficiency existing at the time of adoption of this code,
which in and of itself does not reasonably cause a hazard to life
or property and which would require major structural modification
of the building to correct. A built-in deficiency shall not render
a dwelling unsuitable for occupancy, and such deficiency shall not
constitute a violation of this code.
Any room meeting the requirements of this code, as amended,
for sleeping, living, cooking or dining purposes, excluding, however,
such enclosed places as closets, pantries, bath or toilet rooms, service
rooms, connecting corridors, laundries, finished attics, foyers, storage
spaces, cellars, utility rooms and similar spaces, not used by persons
frequently or during extended periods.
Any person, partnership, firm or corporation who alone, jointly
or severally with others shall be in actual possession of or have
charge, care or control of any dwelling or dwelling unit within the
city as owner or as trustee or guardian of the estate of the person
of the title holder, and such person shall be bound to comply with
the provisions of this code to the same extent as the owner.
Includes a corporation, firm, partnership, association, organization
and any other group acting as a unit as well as individual. It shall
also include an executor, administrator, trustee, receiver or other
representative appointed according to state or federal law. Whenever
the word "person" is used in any section of this code, prescribing
a penalty or fine as to partnerships or association, the word shall
include the officers, agents or members thereof who are responsible
for any violation of such section.
To restore to a sound acceptable state of operation, serviceability
or appearance. Repairs shall be expected to last approximately as
long as would the replacement by new items.
To remove an existing item or portion of a system and to
construct or install a new item of similar or new quality as an existing
item when new. Replacement ordinarily takes place when repair of the
item is impractical.
Any tent, trailer or other structure used for human shelter
which is designed to be transportable and which is not attached to
the ground in a permanent manner or to another structure or to any
utility system on the same premises for more than 10 consecutive days.
B.Â
The space and occupancy standards of Chapter 5 of
the Uniform Housing Code, 1976 Edition, shall be met, except as hereby
modified:
(1)Â
Section 503(a) shall be modified and amended to read
as follows:
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Ceiling heights. Any existing habitable room
of less than 90 square feet shall be considered a built-in deficiency
and beyond reasonable correction.
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(2)Â
Section 503(b) shall be modified and amended to read
as follows:
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Superficial floor area. Any existing habitable
room of less than 90 square feet shall be considered a built-in deficiency
and beyond reasonable correction.
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(3)Â
Section 504(a) shall be modified and amended to read
as follows:
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Natural light and ventilation. All guest rooms,
dormitories and habitable rooms within a dwelling unit shall be provided
with natural light by means of exterior glazed openings with an area
not less than 1/20 of the floor area of such rooms with a minimum
of five square feet. All bathrooms, water closet compartments, laundry
rooms and similar rooms shall be provided with natural ventilation
by means of openable exterior openings with an area not less than
1/20 of the floor area of such rooms with a minimum of 1 1/2 square
feet.
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All guest rooms, dormitories and habitable rooms
within a dwelling unit shall be provided with natural ventilation
by means of openable exterior openings with natural ventilation by
means of openable exterior openings with an area of not less than
1/20 of the floor area of such rooms with a minimum of five square
feet.
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C.Â
The following chapters shall be added to and made
a part of the Uniform Housing Code, 1976 Edition, as hereby adopted:
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CHAPTER 17
INSPECTION AND CERTIFICATE OF HEALTH AND
SAFETY COMPLIANCE
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Sec. 1701. The Codes Administrator shall inspect
all rental units within the City of Breckenridge before issuance of
a certificate of health and safety compliance as described hereafter.
This section shall apply to single-family dwelling rental units which
are non-owner-occupied. This section shall not apply to single-family
owner-occupied dwellings, hotels, motels, hospitals, nursing homes,
or to any multiple dwelling unit(s) licensed by state or federal government,
and shall have no effect upon the provisions of law or other ordinances
relating to the issuance of building permits. Upon request of the
owner or prospective buyer, any dwelling will be inspected.
[Amended 1-9-2016 by Ord.
No. 491] | |
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In conducting the inspection, the Housing Inspector
will review the dwelling unit as it currently exists. Any past work
or condition will be inspected and judged as it exists at the time
of the inspection. Any work in place will be evaluated regardless
of who did the work, when it was done or whether any permits or inspection
were obtained.
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No dwelling unit will be held vacant due to
needed minor corrections not creating an immediate health or safety
hazard as defined in Section 1801 or other built-in deficiencies beyond
reasonable correction.
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The City Codes Administrator's inspection shall
be made to ensure that the structure is in compliance with the minimum
requirements of this Housing Code. Such inspection shall be based
upon requirements of the Housing Code only and shall not be used to
discriminate against any person on the basis of race, color, sex,
income level or any other basis not contained in the Housing Code.
Minimum requirements for purposes of this chapter mean those requirements
or standards which were generally in effect at the date of construction
of the building, and the immediate health and safety hazards as enumerated
in Chapter 18. Minimum requirements do not include those subsequent
changes or additions to the State Building Code which reflect present-day
standards for new construction. Minimum requirements do include any
condition constituting an immediate hazard to health and safety. It
is not the purpose of inspections under this chapter to require all
buildings to be upgraded to satisfy the standards of the current Building
Code.
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Sec. 1702. Issuance of certificate. If the structure
is in compliance with the minimal requirements of the Housing Code
as determined by the Codes Administrator's inspection, the City Codes
Administrator shall cause a certificate of health and safety compliance
to be issued to the present occupant or owner, which shall state that
the structure has been inspected and is in compliance with the minimum
requirements of the Housing Code.
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Sec. 1703. All rental units not specifically
exempted under Section 1701 shall be inspected by the City Codes Administrator
before September 1, 1977, and prior to the rental of any such units
from and after September 1, 1977, said units shall be in compliance
with this Code as evidenced by a certificate of health and safety
compliance issued by the City Codes Administrator. Each nonexempt
rental unit shall be inspected at least once every five years for
compliance with this code. The rental of a unit for which a certificate
of health and safety compliance has not been issued or which is not
current under this section shall be a violation of this code, as provided
in Chapter 14 hereof.
[Amended 1-9-2016 by Ord.
No. 491] | |
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One certificate may be issued for several rental
units located within the same building. Said certificate shall be
displayed in a conspicuous place upon the premises of a rental unit.
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Sec. 1704. The fee for the inspection and certificate
of health and safety compliance shall be determined from time to time
by resolution of the City Council.
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CHAPTER 18
IMMEDIATE HEALTH AND SAFETY HAZARDS
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Sec. 1801. Immediate health or safety hazards
are hereby defined to mean those conditions of a structure which are
in such a state of disrepair, dilapidation or condition so as to render
the structure or unit so unsafe that to permit human occupancy thereof
would expose the occupant to a high or unreasonable risk of death,
injury or serious property damage. The following conditions are hereby
deemed to constitute immediate health or safety hazards.
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1.
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Heating systems that are unsafe due to burned
out or rusted heat exchanges (fire box); burned out or plugged flues;
not being vented; being connected with unsafe fuel supplies.
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2.
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Water heaters that are unsafe due to burned
out or rusted out heat exchanges (fire box); burned out, rusted out
or plugged flues; not being vented; being connected with unsafe gas
supplies; or lack of temperature and pressure relief valves.
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3.
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Electrical systems that are unsafe due to dangerous
overloading; damaged or deteriorated equipment; improperly taped or
spliced wiring; exposed uninsulated wires; distribution systems consisting
of extension cords or other temporary methods; ungrounded systems;
ungrounded appliances in contact with earth.
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4.
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Plumbing systems that are unsanitary due to
leaking waste systems fixtures and traps; lack of a water closet;
lack of washing and bathing facilities; or cross connection of pure
water supply with fixtures or sewage lines.
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5.
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Structural systems, walls, chimneys, ceilings,
roofs, foundations and floor systems that will not safely carry imposed
loads or loads which may reasonably be anticipated so as to render
the structure liable to collapse.
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6.
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Refuse, garbage, human waste, decaying vermin
or other dead animals, animal waste, other materials rendering it
unsanitary for human occupancy, including light and air.
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7.
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Serious infestation of rats, insects, and other
vermin.
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Should an immediate health or safety hazard
be found to exist, the building owner shall be ordered to forthwith
and within 30 days correct the hazard, and any person currently residing
within the structure shall be ordered to vacate said structure immediately.
Said order(s) shall be written and shall be signed by the Codes Administrator.
Should any person fail to obey the order of the Codes Administrator
pursuant to this section, he or she shall, upon conviction thereof,
be guilty of a misdemeanor. The procedures provided for in this section
are independent of and in addition to the procedure provided for in
Chapter 11 of the Uniform Housing Code, 1976 Edition.
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CHAPTER 19
APPEAL
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Sec. 1901. All appeals taken pursuant to this
chapter shall comply with Chapter 12 of the Uniform Housing Code,
1976 Edition, except that all appeals shall be made directly to the
City Council, which body shall act as a board of appeals for these
matters.
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Section 1204 of Chapter 12 shall be modified
and amended to read as follows:
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Sec. 1204. Except for vacation orders made pursuant
to Section 1102 and orders issued pursuant to Chapter 17, enforcement
of any notice and order of the Building Official issued under this
code shall be stayed during the pendency of an appeal therefrom which
is properly and timely filed.
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