[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]
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.
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.
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.
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.
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:
Secured in a manner that provides positive connection.
Approved by the Code Official.
That portion of a building which is partly or completely
below grade.
A room containing plumbing fixtures, including a bathtub
or shower.
Any room or space used or intended to be used for sleeping
purposes in either a dwelling or sleeping unit.
The official who is charged with the administration and enforcement
of this code, or any duly authorized representative.
To adjudge unfit for occupancy.
When a structural element is physically disconnected from
another and that connection is necessary to provide a positive connection.
To weaken, disintegrate, corrode, rust or decay and lose
effectiveness.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
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.
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.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
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.
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.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
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.
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.
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.
A condition which could cause serious or life-threatening
injury or death at any time.
The presence, within or contiguous to, a structure or premises
of insects, rats, vermin or other pests.
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.
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.
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.
The lack of proper maintenance for a building or structure.
The purpose for which a building or portion thereof is utilized
or occupied.
Any individual living or sleeping in a building, or having
possession of a space within a building.
That part of a window, skylight or door which is available
for unobstructed ventilation and which opens directly to the outdoors.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
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.
An individual, corporation, partnership or any other group
acting as a unit.
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.
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
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.
A building arranged or occupied for lodging, with or without
meals, for compensation and not occupied as a one- or two-family dwelling.
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.
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.
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.
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.
That which is built or constructed, or a portion thereof.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
A room containing a water closet or urinal but not a bathtub
or shower.
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.
The natural or mechanical process of supplying conditioned
or unconditioned air to, or removing such air from, any space.
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.
Executed in a skilled manner, e.g., generally plumb, level,
square, in line, undamaged and without marring adjacent work.
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)
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.
(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.
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.
(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.
A.
General. Every exterior and interior flight of stairs shall have
a handrail as follows:
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:
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.
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.
(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.
(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.
(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.
[Amended 10-28-2020 by Ord. No. 5721]
(a)
Exception: Single-room (excluding restroom) detached buildings
without a fire alarm system, and of 1,000 square feet or less, are
not required to install a key box.
(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
|
