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City of Easton, PA
Northampton County
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Table of Contents
Table of Contents
[Adopted 12-14-1988 by Ord. No. 2986 (Art. 1193 of the 1965 Codified Ordinances); amended in its entirety 7-27-2016 by Ord. No. 5560[1]]
[1]
Editor's Note: Upon the inclusion of this ordinance, the sections of Articles II and III of this chapter were renumbered to maintain the consecutive numbering sequence throughout the chapter. No changes to the content of Articles II and III were made, except for the correction of internal section references as needed.
A. 
Title. These regulations shall be known as the "Property Maintenance Code of the City of Easton," hereinafter referred to as "this code." This code is adapted from copyrighted work owned by the International Code Council, Inc.
B. 
Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
C. 
Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.
D. 
Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
A. 
General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.
B. 
Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises.
C. 
Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the Pennsylvania Uniform Construction Code, City ordinances and amendments. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Zoning Code.[1]
[1]
Editor's Note: See Ch. 595, Zoning.
D. 
Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and insanitary.
E. 
Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions.
F. 
Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the Code Official to be safe and in the public interest of health, safety and welfare.
G. 
Referenced codes and standards.
(1) 
The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply.
(2) 
Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.
H. 
Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code shall be determined by the Code Official.
I. 
Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
J. 
Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
A. 
Creation; executive official. The Department of Property Maintenance Inspection is hereby created, and the executive official in charge thereof shall be known as the "Code Official."
B. 
Appointment. The Code Official shall be appointed by the chief appointing authority of the jurisdiction.
C. 
Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Code Official shall have the authority to appoint a deputy(s). Such employees shall have powers as delegated by the Code Official.
D. 
Liability. The Code Official, member of the Board of Appeals or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code.
E. 
Fees. The fees for activities and services performed by the Department in carrying out its responsibilities under this code shall be in such amounts as established from time to time by ordinance of City Council.
A. 
General. The Code Official is hereby authorized and directed to enforce the provisions of this code. The Code Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.
B. 
Inspections. The Code Official shall make all of the required inspections or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
C. 
Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the Code Official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the Code Official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the Code Official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the Code Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Code Official shall have recourse to the remedies provided by law to secure entry.
D. 
Identification. The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
E. 
Notices and orders. The Code Official shall issue all necessary notices or orders to ensure compliance with this code.
F. 
Department records. The Code Official shall keep official records of all business and activities of the Department specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records.
A. 
Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the Code Official shall have the authority to grant modifications for individual cases upon application of the owner or owner's representative, provided the Code Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the Department files.
B. 
Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the Code Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
C. 
Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the Code Official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.
(1) 
Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the Code Official shall be permitted to approve appropriate testing procedures performed by an approved agency.
(2) 
Test reports. Reports of tests shall be retained by the Code Official for the period required for retention of public records.
D. 
Used material and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved by the Code Official.
E. 
Approved materials and equipment. Materials, equipment and devices approved by the Code Official shall be constructed and installed in accordance with such approval.
F. 
Research reports. Supporting data, where, necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.
A. 
Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.
B. 
Notice of violation. The Code Official shall serve a notice of violation or order in accordance with § 435-7.
(1) 
Method of service. Such violation tickets shall be deemed to be properly served if a copy thereof is:
[Added 1-24-2018 by Ord. No. 5624]
(a) 
Delivered personally.
(b) 
Posted in a conspicuous place in or about the structure affected by such ticket.
(c) 
Sent by first class mail. If the ticket is returned showing that this letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
C. 
Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with § 435-7 shall be deemed guilty of a misdemeanor or civil infraction, as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Code Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
D. 
Violations and penalties. Any person, firm or corporation who shall violate any provision of this code shall, upon conviction thereof, be subject to a fine not exceeding $1,000 and costs, or imprisonment for a term not to exceed 90 days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.
(1) 
Violation ticket fines. As an alternative to filing a citation with the District Magistrate, violation tickets may be issued in the amount as specified in Chapter 285, § 285-17B(1), for each violation. Any person who receives a violation ticket for any violation of this code may, within 10 days, admit the violation, waive a hearing and pay the fine in full satisfaction of the amount as specified in § 285-17B(1), as indicated on the violation ticket.
(2) 
Violation ticket penalties. If the person in receipt of a violation ticket does not pay the fine or request a hearing within 10 days, the person will be subject to the amount as specified in § 285-17B(2), Violation ticket penalties; for days 11 through 20. Failure of the person to make payment within 20 days shall make the person subject to a citation.
E. 
Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
A. 
Notice to person responsible. Whenever the Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in § 435-7B and C to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3.
(1) 
Exceptions:
[Added 1-24-2018 by Ord. No. 5624]
(a) 
A notice shall not be required prior to issuance of a violation ticket.
(b) 
Where a person responsible has previously received notice of a violation for the same violation, regardless if the violation occurred at a different location.
B. 
Form. Such notice prescribed in § 437-7A shall be in accordance with all of the following:
(1) 
Be in writing.
(2) 
Include a description of the real estate sufficient for identification.
(3) 
Include a statement of the violation or violations and why the notice is being issued.
(4) 
Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code.
(5) 
Inform the property owner of the right to appeal.
(6) 
Include a statement of the right to file a lien in accordance with § 435-6C.
C. 
Method of service. Such notice shall be deemed to be properly served if a copy thereof is:
(1) 
Delivered personally;
(2) 
Posted in a conspicuous place in or about the structure affected by such notice;
(3) 
Sent by mail addressed to the last known address as follows:
(a) 
Mailed first notices shall be sent first class;
(b) 
Mailed second and subsequent notices shall be sent certified mail; or
(c) 
If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
D. 
Unauthorized tampering. Signs, tags or seals posted or affixed by the Code Official shall not be mutilated, destroyed or tampered with, or removed without authorization from the Code Official.
E. 
Penalties. Penalties for noncompliance with orders and notices shall be as set forth in § 435-6D.
F. 
Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
A. 
General. When a structure or equipment is found by the Code Official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.
(1) 
Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is possible.
(2) 
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid container or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
(3) 
Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the Code Official finds that such structure is unsafe on unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary or vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
(4) 
Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.
(5) 
Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous:
(a) 
Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.
(b) 
The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.
(c) 
Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse or to become detached or dislodged.
(d) 
Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof, that is not of sufficient strength or stability or is not so anchored, attached or fastened in place as to be capable of resisting natural or artificial loads of the original designed value.
(e) 
The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.
(f) 
The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.
(g) 
The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.
(h) 
Any building or structure that has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance, to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.
(i) 
A building or structure used or intended to be used for dwelling purposes that, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the Code Official to be unsanitary, unfit for human habitation or in a condition that is likely to cause sickness or disease.
(j) 
Any building or structure that, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the Code Official to be a threat to life or health.
(k) 
Whenever any portion of a building remains on a site after the demolition or destruction of the building or structure, or whenever any building or structure is abandoned, so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.
B. 
Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy and is not in danger of structural collapse, the Code Official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance.
(1) 
Upon failure of the owner to close up the premises within the time specified in the order, the Code Official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons, and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.
(2) 
Authority to disconnect service utilities. The Code Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in § 435-2G in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The Code Official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, the owner or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.
C. 
Notice. Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with § 435-7C. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in § 435-7B.
D. 
Placarding.
(1) 
Upon failure of the owner or person responsible for complying with the notice provisions within the time given, the Code Official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
(2) 
Placard removal. The Code Official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Code Official shall be subject to the penalties provided by this code.
E. 
Prohibited occupancy. Any occupied structure condemned and placarded by the Code Official shall be vacated as ordered by the Code Official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.
F. 
Abatement methods. The owner, operator or occupant of a building, premises or equipment deemed unsafe by the Code Official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.
G. 
Record. The Code Official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
A. 
Imminent danger. When, in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure a notice reading as follows: "This structure is unsafe and its occupancy has been prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or demolishing the same.
B. 
Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the Code Official, there is imminent danger due to an unsafe condition, the Code Official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe, whether or not the legal procedure herein described has been instituted, and shall cause such other action to be taken as the Code Official deems necessary to meet such emergency.
C. 
Closing streets. When necessary for public safety, the Code Official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
D. 
Emergency repairs. For the purposes of this section, the Code Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
E. 
Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.
F. 
Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code.
A. 
General. The Code Official shall order the owner of any premises upon which is located any structure which, in the Code Official's judgment after review, is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy and such that it is unreasonable to repair the structure, to demolish and remove such structure; or, if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner's option; or, where there has been a cessation of normal construction of any structure for a period of more than two years, the Code Official shall order the owner to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official.
B. 
Notices and orders. All notices and orders shall comply with § 435-7.
C. 
Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
D. 
Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, to the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
A. 
Application for appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal to the Board of Appeals, provided that a written application for appeal is filed within 10 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
B. 
Violation ticket appeal. Any person in receipt of a violation ticket may appeal to the Department of Code Enforcement by filing a request within 10 days of receipt of the violation ticket.
C. 
Violation ticket hearing officer. The Director of Code Enforcement shall designate a hearing officer, who may uphold the appeal, deny the appeal or may modify the violation ticket and/or any associated costs, fines or penalty amounts.
D. 
Membership of Board. The Board of Appeals shall consist of a minimum of three members who are qualified by experience and training to pass on matters pertaining to property maintenance. The Code Official shall be an ex officio member but shall have no vote on any matter before the Board. The Board shall be appointed by the chief appointing authority and shall serve staggered and overlapping terms.
[Amended 9-13-2017 by Ord. No. 5601]
(1) 
Alternate members. The chief appointing authority shall appoint two or more alternate members who shall be called by the Board Chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership.
(2) 
Chairman. The board shall annually select one of its members to serve as Chairman.
(3) 
Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest.
(4) 
Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the Board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative officer.
(5) 
Compensation of members. Compensation of members shall be determined by law.
E. 
Notice of meeting. The board shall meet upon notice from the Chairman, within 40 days of the filing of an appeal, or at stated periodic meetings.
F. 
Open hearing. All hearings before the Board shall be open to the public.
(1) 
The appellant, the appellant's representative, the Code Official and any person whose interests are affected shall be given an opportunity to be heard.
(2) 
A quorum shall consist of not less than 2/3 of the Board membership.
(3) 
Procedure. The board shall adopt and make available to the public, through the secretary, procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence but shall mandate that only relevant information be received.
G. 
Postponed hearing. When the full Board is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
H. 
Board decision. The board shall modify or reverse the decision of the Code Official only by a concurring vote of a majority of the total number of appointed Board members.
(1) 
Records and copies. The decision of the Board shall be recorded. Copies shall be furnished to the appellant and to the Code Official.
(2) 
Administration. The Code Official shall take immediate action in accordance with the decision of the Board.
I. 
Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer.
J. 
Stays of enforcement. Appeals of notice and orders (other than "imminent danger" notices) shall stay the enforcement of the notice and order until the appeal is heard by the Appeals Board.
A. 
Authority. Whenever the Code Official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the Code Official is authorized to issue a stop-work order.
B. 
Issuance. A stop-work order shall be in writing and shall be given to the owner of the property, to the owner's agent, or to the person doing the work. Upon issuance of a stop-work order, the cited work shall immediately cease. The stop-work order shall state the reason for the order and the conditions under which the cited work is authorized to resume.
C. 
Emergencies. Where an emergency exists, the Code Official shall not be required to give a written notice prior to stopping the work.
D. 
Failure to comply. Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine not exceeding $1,000 or imprisonment for a term not to exceed 90 days, or both, at the discretion of the Court.
A. 
Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this section and § 235-14.
B. 
Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
C. 
Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Fire Code, International Zoning Code, International Plumbing Code, International Mechanical Code or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes.
D. 
Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
E. 
Construal. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit," "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof."
As used in this article, the following terms shall have the meanings indicated:
ANCHORED
Secured in a manner that provides positive connection.
APPROVED
Approved by the Code Official.
BASEMENT
That portion of a building which is partly or completely below grade.
BATHROOM
A room containing plumbing fixtures, including a bathtub or shower.
BEDROOM
Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.
CODE OFFICIAL
The official who is charged with the administration and enforcement of this code, or any duly authorized representative.
CONDEMN
To adjudge unfit for occupancy.
DETACHED
When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection.
DETERIORATION
To weaken, disintegrate, corrode, rust or decay and lose effectiveness.
DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EASEMENT
That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a lot or lots.
EQUIPMENT SUPPORT
Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure.
EXTERIOR PROPERTY
The open space on the premises and on adjoining property under the control of owners or operators of such premises.
FAMILY
An individual or married couple and the children thereof, including adopted and/or foster children over whom such individual or married couple stands in loco parentis, together with not more than two other persons related directly to the individual or married couple by blood or marriage; or a group of not more than three unrelated persons living together as a single housekeeping unit in a dwelling unit.
A. 
Exception. A group of unrelated persons living together as a single housekeeping unit in a dwelling unit owned by Lafayette College will be limited to four persons. This exception expires June 2017.
GARBAGE
The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
GUARD
A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
HABITABLE SPACE
Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
HOUSEKEEPING UNIT
A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.
IMMINENT DANGER
A condition which could cause serious or life-threatening injury or death at any time.
INFESTATION
The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
INOPERABLE MOTOR VEHICLE
A vehicle which cannot be driven upon the public streets for reasons including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
LABELED
Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose.
LET FOR OCCUPANCY or LET
To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
NEGLECT
The lack of proper maintenance for a building or structure.
OCCUPANCY
The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT
Any individual living or sleeping in a building, or having possession of a space within a building.
OPENABLE AREA
That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR
Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OWNER
Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON
An individual, corporation, partnership or any other group acting as a unit.
PEST ELIMINATION
The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that serve as their food or water, or by other approved pest elimination methods.
PREMISES
A lot, plot or parcel of land, easement or public way, including any structures thereon.
PUBLIC WAY
Any street, alley or similar parcel of land, essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
ROOMING HOUSE
A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living but not for cooking purposes.
RUBBISH
Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
SLEEPING UNIT
A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
STRICT LIABILITY OFFENSE
An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.
STRUCTURE
That which is built or constructed, or a portion thereof.
TENANT
A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
TOILET ROOM
A room containing a water closet or urinal but not a bathtub or shower.
ULTIMATE DEFORMATION
The deformation at which failure occurs and which shall be deemed to occur if the sustainable load reduces to 80% or less or the maximum strength.
VENTILATION
The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
VIOLATION TICKET
A form issued by a code officer to a person who violates a provision of this code. The violation ticket is an offer by the City of Easton extended to a person to settle a violation by paying the fine in lieu of a citation being issued against the violator.
WORKMANLIKE
Executed in a skilled manner, e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
YARD
An open space on the same lot with a structure.
A. 
General.
(1) 
Scope. The provisions of this Section shall govern the minimum conditions and the responsibilities of persons for maintenance of the exterior of structures, equipment and property.
(2) 
Responsibility. The owner of the premises shall maintain the structures and property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant, or permit another person to occupy, premises which are not in a sanitary and safe condition and which do not comply with the requirements of this Section.
(3) 
Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
B. 
Exterior property areas.
(1) 
Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition.
(2) 
Grading and drainage.
(a) 
All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. An approved system of stormwater disposal shall be provided and maintained for the safe and efficient drainage of roofs and paved areas, yards and courts, and other open areas on the premises.
(b) 
Exception: approved retention areas and reservoirs.
(3) 
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions.
(4) 
Trees, shrubbery, weeds and grass.
(a) 
All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight inches. All invasive and noxious plant growth shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens. The provisions in Chapter 444, Article XXVI, Noxious Weeds or Bushes, of the Code of the City of Easton may be used in conjunction with this code. The provisions of § 554-5, Property owner's responsibilities; pruning and removing trees; public nuisances, of the Code of the City of Easton may be used in conjunction with this code.
(b) 
Upon failure of the owner or agent having charge of a property to comply with this section of the code, after service of a notice of violation, he/she shall be subject to prosecution in accordance with § 435-6C and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and remediate the tree, shrubbery, weed or grass violation thereon, and the costs of such remediation shall be paid by the owner or agent responsible for the property.
(5) 
Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
(6) 
Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
(7) 
Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
(8) 
Motor vehicles.
(a) 
Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
[1] 
The property owner or vehicle owner shall be responsible for compliance with this section.
[Added 9-11-2019 by Ord. No. 5685]
(b) 
Exceptions:
[1] 
A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purpose.
[2] 
For not more than 30 days, one currently unregistered and/or uninspected motor vehicle shall be permitted to be parked, kept or stored on a property in a residential zoning district that is legally occupied as a one- or two-family dwelling. Such vehicle shall not at any time be in a state of disassembly or disrepair, nor shall it be in the process of being stripped or dismantled.
[Amended 9-11-2019 by Ord. No. 5685]
(9) 
Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti.
(10) 
Storage areas. All approved open salvage yards and open storage areas shall be completely obscured from surrounding property by a solid screen not less than eight feet (2,438 mm) in height. Storage of debris, junk or construction materials which are not associated with an approved use or permitted construction at that site shall be prohibited.
(11) 
Storefronts. All storefronts shall be kept in good repair, painted where required, and shall not constitute a safety hazard or nuisance. Display windows or storefronts constructed of plate glass shall be kept maintained, clean and free of cracks. No storage shall be permitted in the show window areas unless shielded from the public view.
C. 
Swimming pools, spas and hot tubs.
(1) 
Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
(2) 
Enclosures.
(a) 
Private swimming pools, hot tubs and spas, capable of containing water 24 inches (610 mm) or more in depth shall be completely surrounded by a fence or barrier at least 48 inches (1,219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1,372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
[Amended 9-11-2019 by Ord. No. 5685]
(b) 
Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.
D. 
Structure exteriors.
(1) 
General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
(a) 
Unsafe conditions.
[1] 
The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:
[a] 
The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
[b] 
The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations, is not capable of resisting all nominal loads or load effects;
[c] 
Structures or components thereof have reached their limit state;
[d] 
Siding and masonry joints, including joints between the building envelope and the perimeter of windows, doors and skylights, are not maintained, weather resistant or watertight;
[e] 
Structural members have evidence of deterioration or are not capable of safely supporting all nominal loads and load effects;
[f] 
Foundation systems are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
[g] 
Exterior walls are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
[h] 
Roofing or roofing components have defects that admit rain; roof surfaces have inadequate drainage; or any portion of the roof framing is not in good repair, with signs of deterioration or fatigue or without proper anchorage, and is incapable of supporting all nominal loads and resisting all load effects;
[i] 
Flooring and flooring components have defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored, or are incapable of supporting all nominal loads and resisting all load effects;
[j] 
Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features are not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
[k] 
Overhang extensions or projections, including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts, are not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
[l] 
Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or
[m] 
Chimneys, cooling towers, smokestacks and similar appurtenances are not structurally sound or not properly anchored, or are anchored with connections not capable of supporting all nominal loads and resisting all load effects.
[2] 
Exceptions:
[a] 
When substantiated otherwise by an approved method.
[b] 
Demolition of unsafe conditions shall be permitted when approved by the Code Official.
(2) 
Protective treatment.
(a) 
All exterior surfaces, including but not limited to doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment.
(b) 
Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and watertight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
(3) 
Premises identification.
(a) 
Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property.
(b) 
Effective January 1, 2017, property with buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road abutting the rear of the property.
[1] 
Exception: where structures on the property are not visible from the street or road abutting the rear of the property.
(c) 
These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).
(d) 
Unit identification. Every dwelling unit, sleeping unit or the like in a multi-unit building shall have approved identification placed in a position to be plainly legible and visible.
(e) 
Room or space designation. Every room, bathroom, closet, storage area or other space within a rooming house shall have approved identification placed in a position to be plainly legible and visible.
(f) 
Interior identification. The letters and numbers used for unit identification and room or space designation shall contrast with their background; shall be Arabic numerals or alphabet letters and be a minimum of 5/8 inch (16 mm) in height plus 1/8 inch (3.2 mm) per foot (305 mm) of viewing distance above six feet (4,570 mm).
(g) 
Where required, signage shall be compliant with the International Building Code and the American National Standard, Accessible and Usable Buildings and Facilities, ANSI/ICC A117.1.
(4) 
Structural members. All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads.
(5) 
Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition as to prevent the entry of rodents and other pests.
(6) 
Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials and shall be maintained weatherproof and properly surface-coated where required to prevent deterioration.
(7) 
Roofs and drainage. The roof and flashing shall be sound, tight and shall not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
(8) 
Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
(9) 
Overhang extensions. All overhang extensions, including but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts, shall be maintained in good repair and shall be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(10) 
Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
(11) 
Chimneys and towers. All chimneys, cooling towers, smokestacks, and similar appurtenances shall be maintained structurally safe and sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(12) 
Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
(13) 
Window, skylight and door frames. Every window, skylight, and door frame shall be kept in sound condition, good repair and weathertight.
(a) 
Glazing. All glazing materials shall be maintained free from cracks and holes.
(b) 
Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
(14) 
Insect screens.
(a) 
Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
(b) 
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
(15) 
Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with § 435-24B(3).
(16) 
Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
(17) 
Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.
(18) 
Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.
(a) 
Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a lock throw of not less than one inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock.
(b) 
Windows. Operable windows located in whole or in part within six feet (1,828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device.
(c) 
Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.
(19) 
Abandoned communications equipment. Satellite dishes, television or radio antennas, telephone wires, television cables and the like shall be removed within 30 days after the equipment is no longer in service for 30 days.
[Added 12-28-2016 by Ord. No. 5583]
(a) 
Exception. One service drop for television cable and one service drop for telephone cable shall be permitted to remain, provided the cables are properly installed and maintained in a safe, functioning and workmanlike manner.
A. 
General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
(1) 
Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:
(a) 
The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
(b) 
The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations, is not capable of resisting all nominal loads or load effects;
(c) 
Structures or components thereof have reached their limit state;
(d) 
Structural members are incapable of supporting nominal loads and load effects;
(e) 
Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
(f) 
Foundation systems are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.
(2) 
Exceptions:
(a) 
When substantiated otherwise by an approved method.
(b) 
Demolition of unsafe conditions shall be permitted when approved by the Code Official.
B. 
Structural members. All structural members shall be maintained structurally sound and shall be capable of supporting the imposed loads.
C. 
Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
D. 
Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
(1) 
Floor surfaces. Every toilet room, kitchen and bathroom floor shall be maintained to be a smooth, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.
E. 
Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
F. 
Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.
G. 
Free from dampness. In every building, cellars, basements and crawl spaces shall be maintained reasonably free from dampness to prevent conditions conducive to decay or deterioration of the structure. The floors and walls shall be impervious to leakage of underground or surface runoff water and shall be protected against dampness in an approved manner. The floors shall be constructed of material which conforms to the provisions of the Building Code in effect.
A. 
General. The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition.
B. 
Unsafe conditions.
(1) 
Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the adopted building codes of the City as required for existing buildings:
(a) 
Soils that have been subjected to any of the following conditions:
[1] 
Collapse of footing or foundation system;
[2] 
Damage to footing, foundation, concrete or other structural element due to soil expansion;
[3] 
Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil;
[4] 
Inadequate soil as determined by a geotechnical investigation;
[5] 
Where the allowable bearing capacity of the soil is in doubt; or
[6] 
Adverse effects to the footing, foundation, concrete or other structural element due to the groundwater table.
(b) 
Concrete that has been subjected to any of the following conditions:
[1] 
Deterioration;
[2] 
Ultimate deformation;
[3] 
Fractures;
[4] 
Fissures;
[5] 
Spalling;
[6] 
Exposed reinforcement; or
[7] 
Detached, dislodged or failing connections.
(c) 
Aluminum that has been subjected to any of the following conditions:
[1] 
Deterioration;
[2] 
Corrosion;
[3] 
Plastic deformation;
[4] 
Ultimate deformation;
[5] 
Stress or strain cracks;
[6] 
Joint fatigue; or
[7] 
Detached, dislodged or failing connections.
(d) 
Masonry that has been subjected to any of the following conditions:
[1] 
Deterioration;
[2] 
Ultimate deformation;
[3] 
Fractures in masonry or mortar joints;
[4] 
Fissures in masonry or mortar joints;
[5] 
Spalling;
[6] 
Exposed reinforcement; or
[7] 
Detached, dislodged or failing connections.
(e) 
Steel that has been subjected to any of the following conditions:
[1] 
Deterioration;
[2] 
Plastic deformation;
[3] 
Ultimate deformation;
[4] 
Metal fatigue; or
[5] 
Detached, dislodged or failing connections.
(f) 
Wood that has been subjected to any of the following conditions:
[1] 
Ultimate deformation;
[2] 
Deterioration;
[3] 
Damage from insects, rodents and other vermin;
[4] 
Fire damage beyond charring;
[5] 
Significant splits and checks;
[6] 
Horizontal shear cracks;
[7] 
Vertical shear cracks;
[8] 
Inadequate support;
[9] 
Detached, dislodged or failing connections; or
[10] 
Excessive cutting and notching.
(2) 
Exceptions:
(a) 
When substantiated otherwise by an approved method.
(b) 
Demolition of unsafe conditions shall be permitted when approved by the Code Official.
A. 
General. Every exterior and interior flight of stairs shall have a handrail as follows:
(1) 
One- and two-family dwellings and, within dwelling or sleeping units of multifamily dwellings, stairs having more than four risers shall have a handrail on one side of the stair.
(2) 
For other occupancies, all stairs shall have a handrail on each side of the stairs.
B. 
Handrails shall not be less than 34 inches (864 mm) high or more than 38 inches (965 mm) high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces.
C. 
Every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards as follows:
(1) 
For one- and two-family dwellings and within dwellings or sleeping units of multifamily dwellings, guards shall not be less than 36 inches (915 mm) high.
(2) 
For other occupancies, guards shall not be less than 42 inches (1,067 mm) high.
D. 
Exceptions: Existing structures are permitted to maintain legally installed handrails and guards as required in this section as follows:
(1) 
For one- and two-family dwellings and within dwellings or sleeping units of multifamily dwellings, handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1,067 mm) high when measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces.
(2) 
For one- and two-family dwellings and within dwellings or sleeping units of multifamily dwellings, guards shall not be less than 30 inches (762 mm) high above the floor of the landing, balcony, porch, deck or ramp or other walking surface.
(3) 
For other occupancies, guards shall not be less than 42 inches (1,067 mm) high.
E. 
Guards shall not be required where exempted by the adopted building code.
A. 
General. The provisions of this section shall govern the responsibilities of persons for the maintenance of structures and the equipment and premises thereof. In addition to this section, all City ordinances as contained in Chapter 500, Solid Waste; Recycling, shall apply as such relates to § 435-19A through C(2).
B. 
Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.
C. 
Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.
(1) 
Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.
(2) 
Refrigerators. Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors.
D. 
Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.
(1) 
Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container.
(2) 
Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.
A. 
Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation.
B. 
Owner responsibility. The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure.
C. 
Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for pest elimination in the public or shared areas of the structure and exterior property.
A. 
General.
(1) 
Scope. The provisions of this section shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.
(2) 
Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that does not comply with the requirements of this section.
(3) 
Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the adopted building codes of the City shall be permitted.
B. 
Light.
(1) 
Habitable spaces.
(a) 
Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8% of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors or to a court and shall not be included as contributing to the required minimum total window area for the room.
(b) 
Exceptions:
[1] 
Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the floor area of the interior room or space but not less than 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served.
[2] 
Dwellings in a neighborhood with dimensional deviations from this section that are common and due to the character of the original construction.
(2) 
Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall be lighted at all times with at least a sixty-watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9,144 mm). In other than residential occupancies, means-of-egress (including exterior means of egress) stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of one footcandle (11 lux) at floors, landings and treads.
(3) 
Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.
C. 
Ventilation.
(1) 
Habitable spaces.
(a) 
Every habitable space shall have at least one window which can be easily opened. The total openable window area in every room shall be equal to at least 45% of the minimum window area size required in § 435-21B(1).
(b) 
Exceptions:
[1] 
Where rooms and spaces without opening to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the floor area of the interior room or space but not less than 25 square feet (2.33 m2). The ventilation opening to the outdoors shall be based on a total floor area being ventilated.
[2] 
Dwellings in a neighborhood with percent deviations from this section that are common and due to the character of the original construction.
(2) 
Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by § 435-21C(1), except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.
(3) 
Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any sleeping room, dormitory unit, hotel room or motel room, and a cooking facility or appliance shall not be permitted to be present in a sleeping room or dormitory unit, hotel room or motel room.
(4) 
Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and shall not be recirculated to any space.
(5) 
Clothes dryer exhaust.
(a) 
Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer's instructions.
(b) 
Exception: Listed and labeled condensing (ductless) clothes dryers.
D. 
Occupancy limitations.
(1) 
Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
(2) 
Minimum room widths. A habitable room, other than a kitchen, shall not be less than seven feet (2,134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (914 mm) between counter fronts and appliances or counter fronts and walls.
(3) 
Minimum ceiling heights.
(a) 
Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet (2,134 mm).
(b) 
Exceptions:
[1] 
In one- and two-family dwellings, beams or girders spaced not less than four feet (1,219 mm) on center and projecting not more than six inches (152 mm) below the required ceiling height.
[2] 
Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six feet eight inches (2,033 mm) with not less than six feet four inches (1,932 mm) of clear height under beams, girders, ducts and similar obstructions.
[3] 
Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet (2,134 mm) over not less than 1/3 of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five feet (1,524 mm) or more shall be included.
(4) 
Toilet facilities. Every dwelling unit shall be provided with a water closet, lavatory, and a bathtub or shower.
(5) 
Bedroom and living room requirements. Every bedroom and living room shall comply with the requirements of § 435-21D(5)(a) through (e).
(a) 
Room area. Every living room shall contain at least 120 square feet (11.2 m2), and every bedroom shall contain a minimum of 70 square feet (6.5 m2), and every bedroom occupied by more than one person shall contain a minimum of 50 square feet (4.6 m2) of floor area for each occupant thereof.
(b) 
Access from bedrooms.
[1] 
Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.
[2] 
Exception: Dwellings in a neighborhood with dimensional deviations from this section that are common and due to the character of the original construction, provided that the room maintains a minimum clear width of three feet (914 mm) along the entire path of access to the other bedrooms or habitable space and that the three-foot (914 mm) path of access is in excess of the minimum dimensional requirements of the bedroom or habitable space.
(c) 
Water closet accessibility.
[1] 
Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom.
[2] 
Exception: Dwellings in a neighborhood with dimensional deviations from this section that are common and due to the character of the original construction, provided that the room maintains a minimum clear width of three feet (914 mm) along the entire path of access to the water closet and lavatory and that the three-foot (914 mm) path of access is in excess of the minimum dimensional requirements of the bedroom or habitable space.
(d) 
Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes.
(e) 
Other requirements. Bedrooms shall comply with the applicable provisions of this code, including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this section; the plumbing facilities and water-heating facilities requirements of § 435-22; the heating facilities and electrical receptacle requirements of § 435-23; and the smoke detector and emergency escape requirements of § 435-24.
(6) 
Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of the following table:
Table of Minimum Area Requirements
Minimum Area
(in square feet)
Space
1-2 Occupants
3-5 Occupants
6 or More Occupants
Living room1,2
120
120
150
Dining room1,2
No requirement
80
100
Bedrooms
Shall comply with § 435-21D(5)(a)
For SI: 1 square foot = 0.093m2
Notes:
1
See § 435-21D(6)(b) for combined living room/dining room spaces.
2
See § 435-21D(6)(a) for limitations on determining the minimum occupancy area for sleeping purposes.
(a) 
Sleeping area. The minimum occupancy area required by the Table of Minimum Area Requirements, above, shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with § 435-21D(5).
(b) 
Combined spaces. Combined living room and dining room spaces shall comply with the requirements of the Table of Minimum Area Requirements, above, if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
(7) 
Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:
(a) 
A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 m2). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Subsection D(7)(b) and (c).
(b) 
The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.
(c) 
The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
(d) 
The maximum number of occupants shall be three.
(8) 
Kitchen. Each dwelling unit shall be provided with a kitchen area, and every kitchen area shall be provided with a sink.
(a) 
Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
A. 
General.
(1) 
Scope. The provisions of this section shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.
(2) 
Responsibility. The owner of the structure shall provide and maintain plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any structure or premises which does not comply with the requirements of this section.
B. 
Required facilities.
(1) 
Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink, which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.
(2) 
Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.
(3) 
Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each 10 occupants.
(4) 
Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees.
(a) 
Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.
(5) 
Public toilet facilities. Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the International Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.
C. 
Toilet rooms.
(1) 
Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.
(2) 
Location. Toilet rooms and bathrooms serving hotel units, rooming units, dormitory units or housekeeping units shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway.
(3) 
Location of employee toilet facilities.
(a) 
Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one story above or below the employees' working area, and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities.
(b) 
Exception: Facilities that are required for employees in storage structures or kiosks which are located in adjacent structures under the same ownership, lease or control shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities.
D. 
Plumbing systems and fixtures.
(1) 
General. All plumbing fixtures shall be properly installed and maintained in working order and shall be kept free from obstructions, leaks and defects and shall be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
(2) 
Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning.
(3) 
Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross-connection, back-siphonage, improper installation, deterioration or damage or for similar reasons, the Code Official shall require the defects to be corrected to eliminate the hazard.
E. 
Water systems.
(1) 
General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot, or tempered, and cold running water in accordance with the International Plumbing Code.
(2) 
Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.
(3) 
Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
(4) 
Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110° F. (43° C.). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief-valve discharge pipe shall be properly installed and maintained on water heaters.
F. 
Sanitary drainage systems.
(1) 
General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
(2) 
Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.
(3) 
Grease interceptors. Where it has been determined that a grease interceptor is not being maintained and serviced as intended by this code and the manufacturer's instructions, an approved interceptor monitoring system shall be provided or a maintenance program shall be established with documentation submitted to the Code Official.
G. 
Storm drainage. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance.
A. 
General.
(1) 
Scope. The provisions of this section shall govern the minimum mechanical and electrical facilities and equipment to be provided.
(2) 
Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises which does not comply with the requirements of this chapter.
B. 
Heating facilities.
(1) 
Facilities required. Heating facilities shall be provided in structures as required by this section.
(2) 
Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68° F. (20° C.) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section.
(3) 
Heat supply.
(a) 
Every tenant-occupied unit and guest room shall be provided with heating facilities capable of maintaining a room temperature of 68° F. (20° C.), at a point three feet above the floor and two feet from an exterior wall in all habitable rooms, bathrooms and toilet rooms. During the normal heating period of October 1 to May 15, when the outside temperature is less than 68° F. (20° C.), the interior must be maintained at a minimum of 68° F. (20° C.). The provisions of this section shall not apply where the failure to maintain minimum requirements is caused by a malicious act of the occupant.
(b) 
Exception: When the outdoor temperature is below the winter outdoor design temperature for the City of Easton, maintenance of the minimum room temperature shall not be required, provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the City of Easton shall be as indicated in Appendix D of the International Plumbing Code.
(4) 
Occupiable work spaces.
(a) 
Every owner of any structure who rents, leases or lets the structure or any part thereof on terms, either express or implied, to furnish heat to the occupant thereof, and every occupant of any structure or part thereof who rents or leases such structure or part thereof on terms, either express or implied, to supply its own heat, shall supply sufficient heat during the period from October 1 to May 15 to maintain a temperature of not less than 65° F. (18° C.) during all working hours in all enclosed spaces or rooms where persons are employed and working.
(b) 
Exceptions:
[1] 
Approved processing, storage and operation areas that require cooling or special temperature conditions.
[2] 
Approved areas in which persons are primarily engaged in vigorous physical activities.
(5) 
Room temperature measurement. The required room temperatures shall be measured three feet (914 mm) above the floor near the center of the room and two feet (610 mm) inward from the center of each exterior wall.
(6) 
Portable heating equipment. Portable heating equipment using liquids, gaseous or solid fuel shall not be permitted. Electric portable heating equipment shall be permitted, provided that such portable heating equipment is auxiliary to the structure's primary system, that such heating equipment is listed and labeled for the application in which they are installed and used, and provided further that such portable heating equipment is approved by the Code Official.
C. 
Mechanical equipment.
(1) 
Mechanical appliances. All mechanical appliances, fireplaces, solid-fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition and shall be capable of performing the intended function.
(2) 
Removal of combustion products.
(a) 
All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.
(b) 
Exception: fuel-burning equipment and appliances which are labeled for unvented operation.
(3) 
Clearances. All required clearances to combustible materials shall be maintained.
(4) 
Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation.
(5) 
Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.
(6) 
Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom shall not be installed unless labeled for such purpose and the installation is specifically approved.
(7) 
Abandonment and status of tanks. Tanks taken out of service or not used for the approved purpose shall be removed in accordance with the 2009 International Fire Code, Section 3404.2.14, or safeguarded in accordance with Sections 3404.2.13.1 through 3404.2.13.2.3 and API 1604.
D. 
Electrical facilities.
(1) 
Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this Subsection D and Subsection E of this section.
(2) 
Service.
(a) 
The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the Electrical Code in effect in the City. Ungrounded service conductors shall have an ampacity of not less than the load served.
(b) 
One- and two-family dwellings shall be served by a minimum three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 100 amperes for each dwelling.
(c) 
For other than one- and two- family dwellings, the ampacity of the electrical service shall be sized and installed in accordance with the Electrical Code in effect in the City.
(3) 
Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the Code Official shall require the defects to be corrected to eliminate the hazard.
(a) 
Abatement of electrical hazards associated with water exposure. The provisions of this subsection shall govern the repair and replacement of electrical systems and equipment that have been exposed to water.
[1] 
Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded-case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communications equipment that have been exposed to water shall be replaced in accordance with the provisions of the International Building Code.
[2] 
Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement:
[a] 
Enclosed switches rated 600 volts or less;
[b] 
Busway rated 600 volts or less;
[c] 
Panel boards rated 600 volts or less;
[d] 
Switchboards rated 600 volts or less;
[e] 
Fire pump controllers rated 600 volts or less;
[f] 
Manual and magnetic motor controllers;
[g] 
Motor control centers;
[h] 
Alternating current high-voltage circuit breakers;
[i] 
Low-voltage power circuit breakers;
[j] 
Protective relays, meters and current transformers;
[k] 
Low- and medium-voltage switchgear;
[l] 
Liquid-filled transformers;
[m] 
Cast-resin transformers;
[n] 
Wire or cable that is suitable for wet locations and whose ends have not been exposed to water;
[o] 
Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water;
[p] 
Luminaires that are listed as submersible;
[q] 
Motors;
[r] 
Electronic control, signaling and communications equipment.
(b) 
Abatement of electrical hazards associated with fire exposure. The provisions of this Subsection shall govern the repair and replacement of electrical systems and equipment that have been exposed to fire.
[1] 
Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits that have been exposed to fire, shall be replaced in accordance with the provisions of the International Building Code.
[2] 
Exception: Electrical switches, receptacles and fixtures shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement.
E. 
Electrical equipment.
(1) 
Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.
(2) 
Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. In a kitchen, there shall be three separate and remote wall-type electric convenience outlets. Outlets serving kitchen countertops shall be receptacles with ground-fault circuit-interrupter protection. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground-fault circuit interrupter. Every bathroom shall contain at least one receptacle; all bathroom receptacles shall have ground-fault circuit-interrupter protection. Receptacles installed outside within six feet of any sink or water source shall have ground-fault circuit-interrupter protection.
(3) 
Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric luminaire.
F. 
Elevators, escalators and dumbwaiters.
(1) 
General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, shall be available for public inspection in the office of the building operator or shall be posted in a publicly conspicuous location approved by the Code Official. The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction.
(2) 
Elevators.
(a) 
In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied.
(b) 
Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.
G. 
Duct systems. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function.
A. 
General.
(1) 
Scope. The provisions of this section shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.
(2) 
Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that does not comply with the requirements of this chapter.
(3) 
Alternative methods and systems. The provisions of this section are not intended to exclude the acceptance and approval of alternative methods and systems if such alternative methods and systems provide equivalent safety to the occupant of the existing buildings. Consideration to alternative methods and systems shall be submitted to the Building Code Official, in writing and as prescribed, by the owner or his designated agent.
B. 
Means of egress.
(1) 
General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code.
(2) 
Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed.
(3) 
Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code.
(4) 
Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following: Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings, provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening.
(5) 
Fire escapes.
(a) 
All exit discharge, exterior stairways and fire escapes shall be kept free of snow and ice. Any fire escape or exterior stairway found to be in a state of deterioration or determined to be unsafe by the Code Official shall be repaired immediately. Depending upon the structural condition, a load test of any fire escape shall be conducted before the escape is returned to service.
(b) 
Fire escape stairs and balconies shall support the dead load plus a live load of not less than 100 pounds per square foot (4.78 kN/m2) and shall be examined for structural adequacy and safety by a registered design professional or others acceptable to the Code Official, every five years or as required by the Code Official. An inspection report shall be submitted to the Code Official after such examination.
(6) 
Information signs. A sign shall be provided at each floor landing in all interior stairways more than three stories above grade, designating the floor level above the floor of discharge. All elevator lobby call stations on all floor levels in buildings more than 75 feet (22,860 mm) above the lowest level of fire department access shall be marked with approved signs reading as follows: USE STAIRWAYS IN CASE OF FIRE - DO NOT USE ELEVATORS.
(7) 
Key boxes. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for lifesaving or firefighting purposes, the Fire Code Official is authorized to require a key box to be installed in an approved location. The key box shall be installed and maintained in accordance with the International Fire Code.
(8) 
Illumination. The means of egress, including the exit discharge, shall be illuminated at all times the building space served by the means of egress is occupied in accordance with the International Building Code. The means of egress illumination shall be provided with an emergency electrical system in accordance with the International Building Code.
C. 
Fire-resistance ratings.
(1) 
Fire-resistance-rated assemblies. The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained and shall comply with the International Fire Code.
(2) 
Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smoke stop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable.
D. 
Fire protection systems.
(1) 
General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in a proper operating condition at all times.
(a) 
Water-based fire protection systems. Inspection, testing and maintenance of standpipe systems, including hose outlets, fire pumps, sprinklers, fire-service piping, and valves, along with system impairment handling and reporting shall be in accordance with NFPA 25.
(b) 
Fire department connection. Where the fire department connection is not visible to approaching fire apparatus, the fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters "FDC" not less than six inches (152 mm) high and words, in letters not less than two inches (51 mm) high, or an arrow to indicate the location. Such signs shall be subject to the approval of the fire Code Official.
(c) 
Fire alarm. Application, installation, location, performance, inspection, testing, and maintenance of fire alarm systems, fire warning equipment and emergency warning equipment; and their components, shall be in accordance with NFPA 72.
(d) 
Commercial kitchen exhaust systems. Commercial kitchen exhaust hood and the extinguishing system shall be cleaned, inspected and maintained in accordance with the International Fire Code.
(2) 
Fire extinguishers. Portable fire extinguishers shall be selected, installed and maintained in accordance with the International Building Code and NFPA 10.
(3) 
Smoke alarms.
(a) 
Single- or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and in dwellings not regulated in Group R occupancies, regardless of occupant load, at all of the following locations:
[1] 
On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
[2] 
In each room used for sleeping purposes.
[3] 
In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level, provided that the lower level is less than one full story below the upper level.
(b) 
Single- or multiple-station smoke alarms shall be installed in other groups in accordance with the International Fire Code.
(4) 
Power source.
(a) 
In Group R occupancies and in dwellings not regulated as Group R occupancies, single-station smoke alarms shall receive their primary power from the building wiring, provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection.
(b) 
Exception: Smoke alarms are permitted to be solely battery-operated in buildings where no construction is taking place, buildings that are not served from a commercial power source, and in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes.
(5) 
Interconnection.
(a) 
Where more than one smoke alarm is required to be installed within an individual dwelling unit in Group R-2, R-3 R-4 and in dwellings not regulated as Group R occupancies, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.
(b) 
Exception: Existing smoke alarms in existing areas that are properly functioning are not required to be interconnected.
(6) 
Carbon monoxide alarms. In dwellings that have attached garages or where fuel-fired appliances exist within a dwelling, carbon monoxide alarms shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms.
(7) 
Smoke and heat detection. Each recirculating air or exhaust system which serves more than one floor in buildings which exceed four stories in height shall be equipped with approved smoke and heat detection devices in accordance with the International Mechanical Code. The devices shall stop the fan(s) automatically and shall be of the manual-reset type. Automatic fan shutdown is not required when the system is part of an approved smoke removal or control system.
(8) 
Tampering. Anyone tampering or interfering with the effectiveness of a smoke alarm or fire protection system shall be in violation of this code.
E. 
Accumulations and storage.
(1) 
Accumulations. Waste, refuse or other materials and objects shall not be allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress.
(2) 
Flammable matter. Flammable or explosive matter, such as paints, volatile oils and cleaning fluids, or combustible refuse, such as wastepaper, boxes and rags, shall not be accumulated or stored on residential premises except in reasonable quantities consistent with normal usage.
This section lists the standards that are referenced in various sections of this article. The standards are listed herein by the promulgating agency of the standard, the standard identification, and the title. The application of the referenced standards shall be as specified in § 235-2G.
Agency
Standard Reference No.
Title
ASME
  American Society of
  Mechanical Engineers
  Three Park Avenue
  New York, NY 10016-5990
A17.1/CSA B44
Safety Code for Elevators and Escalators
 
ASTM
  ASTM International
  100 Barr Harbor Drive
  West Conshohocken, PA
  19428-2959
F1346-91
Performance Specifications for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs
 
ICC
  International Code Council
  500 New Jersey Avenue, NW
  6th Floor
  Washington, DC 20001
ICC/ANSI A117.1
IBC
IFC
IEBC
IFGC
IMC
IPC
IZC
Accessible and Usable Buildings and Facilities
International Building Code®
International Fire Code®
International Existing Building Code®
International Fuel Gas Code®
International Mechanical Code®
International Plumbing Code®
International Zoning Code®
 
NFPA
  National Fire Protection
  Association
  1 Batterymarch Park
  Quincy, MA 02269
 
25
 
70
 
Inspection, Testing and Maintenance of Water based Fire Protection Systems
National Electrical Code