[HISTORY: Adopted New Canaan Board of Selectmen 2-4-69; effective 3-8-69. Amendments noted where applicable.]
In the interpretation of this chapter, all words other than the terms specifically defined in this section or as specifically defined in The Code of the Town of New Canaan, Connecticut, the State Health Code, the State Fire and Safety Code or the Tenement House Act of the State of Connecticut shall have their ordinary accepted meanings as implied by the context or as customarily used in the construction industry.
- DIRECTOR OF HEALTH
- Shall mean the Director of Health or his authorized agent.
- DWELLING UNIT
- Shall mean one or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.
- GARBAGE AND REFUSE
- Shall mean ashes, garbage and refuse, as defined in Chapter 25 of The Code of the Town of New Canaan, Connecticut.
- HEATED WATER
- Shall mean water heated to a temperature of not less than 120° F.
- MULTIPLE DWELLING UNIT
- Shall mean any dwelling unit attached to one or more other dwelling units.
- Shall mean any person over one year of age living, sleeping, cooking or eating in, or having actual possession of, a dwelling, a dwelling unit or rooming unit. A temporary guest of an occupant shall not be considered as an occupant.
- Shall mean any person who alone, or jointly or severally with others, shall have legal title to any dwelling or dwelling unit or rooming unit or rooming house.
- ROOMING UNIT
- Shall mean any room or group of rooms forming a dwelling unit in a rooming house.
- ROOMING HOUSE
- Shall mean any building or portion thereof used or occupied by three or more boarders or roomers as defined in the New Canaan Zoning Regulations and shall include hotels, motels and lodging houses.
- Shall mean all permanent or temporary buildings or structures.
No multiple dwelling unit or rooming unit in a rooming house shall be leased, rented, or occupied for human habitation unless the building or structure and the use thereof shall comply with the applicable provisions and requirements of The Code of the Town of New Canaan, Connecticut, including by way of illustration but not of limitation the following provisions thereof: The Building Code; The Electrical Code; the Health and Sanitation Code; The Heating Code; The Plumbing Code; and the provisions of the Code relating to garbage and refuse, to sewers and sewage disposal, to subdivision and street regulations and the zoning regulations, all as the same now exist or may hereafter be amended or changed and together with all provisions of the State Health Code, the State Fire and Safety Code and the Tenement House Act of the State of Connecticut, except that multiple dwelling units and rooming units which shall be deemed by the Building Inspector, the Fire Marshal and the Director of Health to comply substantially with the requirements of sanitation, construction, and fire safety are exempted from the necessity for full compliance with code provisions as they pertain to this section.
No multiple dwelling unit, or rooming unit shall be offered for lease or rent, or be leased, rented or used unless:
It shall be in a sanitary condition in accordance with standards prescribed by the Director of Health.
The occupant shall maintain the building or structure which he occupies, leases or rents in a clean and sanitary condition; however, the owner shall maintain the shared or public areas and the surrounding premises in a clean and sanitary condition.
The occupant shall dispose of all garbage and refuse in accordance with Chapter 25 of The Code of the Town of New Canaan, Connecticut, and, pending disposition thereof, the same shall be kept in containers which shall be rodent and insect proof and watertight. The owner shall supply the necessary facilities and containers on the premises for the retention and ultimate disposal of refuse and garbage and shall be responsible for the disposal of all refuse and garbage.
Editor's Note: Garbage and Refuse.
The owner shall provide screens and screen doors for all windows, doors or other openings to outdoor space; however, he shall not be responsible for maintaining the same after providing and installing the same for any tenant or occupant.
The occupant shall provide and shall be responsible for the extermination of any rodents or pests therein and the owner shall provide and shall be responsible for extermination thereof in any shared or public areas except that the owner of rooming units shall provide and shall be responsible for all extermination.
Each multiple dwelling unit leased, rented or occupied for human habitation shall comply with the following requirements:
Shall have kitchen equipment consisting of (1) a kitchen sink with hot and cold running water; (2) cabinets or shelves for the storage of food and cooking equipment; and (3) a cooking stove.
Shall have toilet and bath facilities, connected with a public or private water and sewerage systems, approved by the Director of Health, consisting of (1) a flush water closet; (2) a lavatory sink; and (3) a bathtub or shower; all flush water closets to be located in separate rooms affording full privacy and the lavatory sink and the bathtub or shower shall be in the same room with the flush water closet or in a separate room affording full privacy.
Shall have exit facilities complying with the requirements of The Code of the Town of New Canaan and with the State Fire Safety Code and the Tenement House Act, where applicable. All multiple dwelling units constructed after the effective date of this ordinance shall be provided with a second means of egress to afford equal protection to occupants of all buildings.
Shall have the minimum facilities for natural lighting and natural or artificial ventilation as prescribed by The Code of the Town of New Canaan.
All shared public areas therein shall be adequately lighted at all times, and the electrical current shall be metered separately.
All multiple dwelling units, leased, rented or occupied for human habitation shall comply with the following space use and location requirements:
Every multiple dwelling unit shall contain at least 150 square feet of floor area for the first occupant thereof and at least 130 square feet of additional floor area for each additional occupant thereof, the floor area to be calculated on the basis of habitable room area only.
In every multiple dwelling unit of two or more rooms the rooms occupied for sleeping purposes shall each have at least 70 square feet of floor area for the first occupant and at least 50 square feet of floor area for each additional occupant thereof.
Not less than 75% of the floor area of each habitable room in any such multiple dwelling unit shall have a ceiling height of not less than seven feet, six inches in basement and upper stories, and not less than seven feet, four inches in attic rooms and top half stories over not less than 1/3 of the floor area; and the floor area of that part of any such room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the floor area of a habitable room.
No space located below the average grade of the adjoining ground shall be used in a multiple dwelling unit as a habitable room unless:
The floors and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness.
One-half of the room shall be above grade. The provisions of this section shall not be construed to prohibit play, recreation or similar rooms at a greater depth below grade.
The Building Inspector shall determine from time to time the maximum number of occupants authorized for each multiple dwelling unit or rooming house unit.
Each rooming house shall have one flush water closet, one lavatory sink and one bathtub or shower connected with water and sewerage systems approved by the Director of Health for each six persons, including members of the owner's family whenever they share and use the same facilities.
Each room in a rooming house or rooming house unit occupied for sleeping purposes by one person shall contain at least 70 square feet of floor area and every room so occupied for sleeping purposes by more than one person shall contain at least 50 square feet of area for each additional occupant thereof. The provisions as to ceiling heights appearing in § 32-5C and D hereof shall be applicable in computing the aforementioned square foot areas.
No owner shall lease or rent rooming house units unless he holds a rooming house permit issued by the Director of Health for the specific rooming house in which the rooming house units are located. Such permit shall be issued by the Director of Health after he and the Building Inspector and Fire Marshal shall have approved the same. The permit shall not be transferable and shall be displayed in a conspicuous place on the premises at all times. Each rooming house permit shall expire on the first day of April following the date of its issuance unless earlier suspended or revoked. The fee for such permit shall be $25 for one year or any portion thereof and shall be paid to the Director of Health for the use of the town.
[Amended 6-7-83, effective 9-1-83]
Any owner whose application for a rooming house permit has been denied or who has received notice from the Director of Health that the permit is to be suspended by a certain date unless existing conditions or practices are corrected before such date may request and shall be granted a hearing on the matter before the Building Committee of the Town of New Canaan, provided that any request for such hearing shall be filed within five days from the date of notice of the denial of a permit or the date of the notice from the Director of Health.
The Building Committee shall hold a hearing within 10 days after a hearing has been requested and the actions of the Director of Health as to the denial of a permit or the corrections of existing conditions or practices may be reversed or affirmed wholly or partly, or it may modify the requirement of decision appealed from as in its opinion should be made in the premises, and it shall have all the powers of the officer from whom the appeal shall have been taken.
If an inspection of any rooming house or rooming house unit by the Director of Health, the Fire Marshal or the Building Inspector reveals that there are conditions or practices which are in violation of this Chapter 32, the Director of Health shall give notice in writing to the owner of such rooming house that unless the particular conditions or practices are corrected within a reasonable period not exceeding 30 days, such rooming house permit shall be suspended. At the end of such period, the Director of Health shall reinspect the rooming house or rooming house unit and, if he finds that the conditions or practices have not been corrected, he shall give immediate notice in writing to the owner that the permit is suspended and upon receipt of such notice of suspension, the owner shall cease operation of such rooming house or rooming house unit and no person shall occupy, for sleeping or living purposes, any such rooming house unit as may be directed by the Director of Health.
Any owner of a rooming house, having applied for and having obtained a rooming house permit from the Town of New Canaan, shall be considered to have granted free access to the rooming house to the Director of Health, the Fire Marshal or the Building Inspector at all reasonable times to the premises and to all parts thereof relating to rooming house units.
The Director of Health, Fire Marshal and Building Inspector are authorized to make inspections to determine the condition of any multiple dwelling unit, or rooming house unit, for the purpose of determining compliance with the provisions of The Code of the Town of New Canaan at reasonable hours and times.
Where the Director of Health, Fire Marshal or Building Inspector has reasonable grounds to believe that there is a violation of any of the provisions of The Code of the Town of New Canaan, he shall request permission to inspect the premises. In the event such permission is not granted, he is authorized to apply for a search warrant and, when such search warrant is issued, he is hereby authorized to enter upon, inspect, examine and survey the multiple dwelling units or rooming house units, for the purpose of determining whether or not there has been compliance with the provisions of this chapter. If it shall be determined upon such inspection that a violation exists, the public official making such inspection shall notify the owner of such building in writing, setting forth the nature of the violation and establishing a reasonable period not exceeding 30 days to discontinue, or remedy the same.
This chapter and all other related provisions of The Code of the Town of New Canaan and of the State Statutes and State Codes shall establish the minimum requirements for the initial and continued occupancy of all multiple dwelling units.
The Building Committee shall have power and it shall be its duty to hear and determine all matters relating to the interpretation, requirements or enforcement of this Code brought to it by the Building Inspector, Director of Health or Fire Marshal, or an appeal from any rule, order or decision of the Building Inspector, Director of Health or Fire Marshal by the person affected thereby, and all such determinations by the Committee shall be conclusive and binding upon all persons.
Any person who shall violate any provision of this chapter shall upon conviction be fined not more than $100 or imprisoned not more than 30 days. Each day's failure to comply with any provisions hereof shall constitute a separate violation.
Where any violation of any provision of this ordinance shall be continued after notice has been given to discontinue the same, the Director of Health, Fire Marshal or the Building Inspector, as the case may be, may bring appropriate action to enjoin the continued use or occupancy of any building or location where the violation is situated or to cause the violation to be removed or corrected.
In any case where a provision of this chapter is found to be in conflict with a provision of any Zoning, Planning, Building, Fire, Safety or Health ordinance or other provisions of The Code of the Town of New Canaan existing on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the safety and health of the people shall prevail.