HomeMy WebLinkAboutORDINANCE NO. 06-12-76STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 06-12-76
AN ORDINANCE TO ADOPT THE INTERNATIONAL PROPERTY MAINTENANCE
CODE, 2003 EDITION AS AMENDED
BE IT ORDAINED by the City Council of the City of Milton, GA while in a special called council
meeting on December 215`, 2006 at 5:30 p.m. as follows:
SECTION 1. That the Ordinance to adopt the International Property Maintenance Code,
2003 Edition is hereby adopted and approved; and is attached hereto as if fully set forth
herein; and,
SECTION 2. This Ordinance is effective December 21, 2006;
ORDAINED this the 21" day of December, 2006
-,.r? /-
Joe sock o ,Mayor
Attest:
1�' C"4L6--
Jea ette Marchiafava, City Clerk
OWN
tow International
Property
Maintenance
Code
2003 Edition As Amended
12/13/05
2nd Amendment Adopted
8/15/06
TABLE OF CONTENTS
CHAPTER 1: ADMINISTRATION
Section
101 General
102 Applicability
103 Department of Community Development
104 Duties and Powers of the Building Official
105 Approval
106 Violations
107 Notices and Orders
108 Unsafe Structures and Equipment
109 Emergency Measures
110 Demolition
111 Means of Appeal
CHAPTER 2: DEFINITIONS
Section
201 General
202 General Definitions
CHAPTER 3: GENERAL REQUIREMENTS
Section
301 General
302 Exterior Property Areas
303 Swimming Pools, Spas and Hot Tubs
z
304
Exterior Structure
305
Interior Structure
306
Handrails and Guardrails
307
Rubbish and Garbage
308
Extermination
CHAPTER 4: LIGHT, VENTILATION AND OCCUPANCY
LIMITATIONS
Section
401 General
402 Light
403 Ventilation
404 Occupancy Limitations
CHAPTER 5: PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
Section
wmw 501
General
502
Required Facilities
503
Toilet Rooms
504
Plumbing Systems and Fixtures
505
Water System
506
Sanitary Drainage System
507
Storm Drainage
CHAPTER 6: MECHANICAL AND ELECTRICAL REQUIREMENTS
Section
601 General
602 Heating Facilities
603 Mechanical Equipment
604 Electrical Facilities
3
wpm 605
Electrical Equipment
606
Elevators, Escalators and Dumbwaiters
r
607
Duct Systems
CHAPTER 7: FIRE SAFETY REQUIREMENTS
Section
701
General
702
Means of Egress
703
Fire -Resistance Ratings
704
Fire Protection Systems
CHAPTERS REFERENCED STANDARDS
INDEX
4
CHAPTER 1
ADMINISTRATION
SECTION 101
tIM,
101.1 Title. These regulations shall be known as the International Property Maintenance Code
2003 Edition as amended 12/13/05, hereinafter referred to as "this code."
101.2 Scope. The provisions of this code shall apply to all existing residential and
nonresidential 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.
101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure
0"M 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. Repairs, alterations, additions to and change of
occupancy in existing buildings shall comply with the International Existing Building Code.
101.4 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.
SECTION 102
APPLICABILITY
102.1 General. The provisions of this code shall apply to all matters affecting or relating to
structures and premises, as set forth in Section 101. Where, in a specific case, different
sections of this code specify different requirements, the most restrictive shall govern.
102.2 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
tow maintenance of buildings, structures and premises.
102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes
of occupancy, shall be done in accordance with the procedures and provisions of the
International Existing Building Code. Nothing in this code shall be I construed to cancel,
modify or set aside any provision of the International Zoning Code.
102.4 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 unsanitary.
102.5 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.
102.6 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 building official to be safe and in the public interest of health, safety and
welfare.
P"M 102.7 Referenced codes and standards. The codes and standards referenced in this code
shall be those that are listed in Chapter 8 and 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.
102.8 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
building official.
SECTION 103
DEPARTMENT OF COMMUNITY DEVELOPMENT
103.1 General. The department of Property Development is hereby created and the
executive official in charge thereof shall be known as the Building Official.
103.2 Appointment. The building official shall be appointed by the Mayor and Council of
the jurisdiction; and the Building Official shall not be removed from office except for cause
and after full opportunity to be heard on specific and relevant charges by and before the
appointing authority.
103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with
the concurrence of the appointing authority, the Building Official shall have the authority to
appoint a deputy building official, other related technical officers, inspectors, code
enforcement officers and other employees.
*No 103.4 Liability. The building official, officer or employee charged with the enforcement of
this code, while acting for the jurisdiction, 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 required or permitted 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 building 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; and
any officer of the department of Community Development, acting in good faith and without
malice, shall be free from liability for acts performed under any of its provisions or by
reason of any act or omission in the performance of official duties in connection therewith.
SECTION 104
DUTIES AND POWERS OF THE BUILDING OFFICIAL
104.1 General. The Building Official shall enforce the provisions of this code
104.2 Rule-making authority. The Building Official shall have authority as necessary in the
interest of public health, safety and general welfare, to adopt and promulgate rules and
procedures; to interpret and implement the provisions of this code; to secure the intent
thereof; and to designate requirements applicable because of local climatic or other
conditions. Such rules shall not have the effect of waiving structural or fire performance
requirements specifically provided for in this code, or of violating accepted engineering
methods involving public safety.
104.3 Inspections. The building official or its designee 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 building 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 Mayor and Council.
104.4 Right of entry. The building official or its designee is authorized to enter the structure
or premises at reasonable times to inspect subject to constitutional restrictions on
unreasonable searches and seizures. If entry is refused or not obtained, the building official
or its designee is authorized to pursue recourse as provided by law.
104.5 Identification. The building official or its designee shall carry proper identification
when inspecting structures or premises in the performance of duties under this code.
104.6 Notices and orders. The building official or its designee shall issue all necessary
notices or orders to ensure compliance with this code.
104.7 Department records. The building 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 as long as the building or structure to which such records
�` relate remains in existence, unless otherwise provided for by other regulations.
104.8 Coordination of inspections. Whenever in the enforcement of this code or another
code or ordinance, the responsibility of more than one building official of the jurisdiction is
involved, it shall be the duty of the building officials involved to coordinate their
inspections and administrative orders as fully as practicable so that the owners and
occupants of the structure shall not be subjected to visits by numerous inspectors or
multiple or conflicting orders. Whenever an inspector from any agency or department
observes an apparent or actual violation of some provision of some law, ordinance or code
not within the all inspector's authority to enforce, the inspector shall report the findings to
the building official having jurisdiction.
SECTION 105
APPROVAL
105.1 Modifications. Whenever there are practical difficulties involved in carrying out the
provisions of this code, the building official shall have the authority to grant modifications
for individual cases, provided the building 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.
105.2 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 building 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.
105.3 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 building official shall have the authority to require tests to be made as
evidence of compliance at no expense to the jurisdiction.
105.3.1 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 building official shall be permitted to approve appropriate testing procedures
"""°' performed by an approved agency.
105.3.2 Test reports. Reports of tests shall be retained by the building official for the
period required for retention of public records.
NOW0 105.4 Material and equipment reuse. 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.
SECTION 106
VIOLATIONS
106.1 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.
106.2 Notice of violation. The building official or its designee may serve a notice of
violation in accordance with Section 107 detailing an existing violation; however a citation
may be issued without prior written notification. The notice shall contain a deadline for
compliance, which may be extended after a written request is submitted and reviewed by
the building official or its designee.
106.3 Prosecution of violation. Any person failing to comply with a notice of violation or
order served in accordance with Section 107 shall be deemed guilty of a misdemeanor, and
on" the violation shall be deemed a strict liability offense. If the notice of violation is not
complied with, the building official shall institute the appropriate proceeding at law or in
i,," 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 alien upon such real estate.
106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to
comply therewith, or with any of the requirements thereof, shall subject to a fine or
imprisonment, upon conviction in the Sandy Springs Municipal Court, and each and every day that
the premises shall remain in a condition in violation of the terms of this article shall constitute a
separate offense. This section shall be in addition to the provisions of the abatement of said nuisance
and the charge of the cost of the same against the owner of the premises by the city. A fine imposed
under this code shall be no less then twenty five dollars ($25.00) and shall not exceed one thousand
dollars ($1,000.00) per offense. A sentence of imprisonment under this article shall not exceed sixty
(60) days per offense. At the discretion of the Municipal Courtjudge, any sentence may be probated,
altered or amended. Any property owner, occupant or party of interest who violates any other
property maintenance code within a twenty-four (24) month period shall immediately be issued a
citation and subject to a fine of not less than five hundred dollars ($500.00).
106.5 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,
WON 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
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or premises.
SECTION 107
NOTICES AND ORDERS
107.1 Notice to person responsible. Whenever the building official determines that there has
been a violation of this code or has grounds to believe that a violation has occurred, if a notice is
issued, it shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person
responsible for the violation as specified in this code. Notices for condemnation procedures shall
also comply with Section 108.3. The building official shall have the power to issue subpoenas
requiring occupants, residents, owners, or parties -in -interest of buildings under inspection,
investigation, or who have been accused of a violation this article to appear in Sandy Springs
Municipal Court. The building official or its designee shall also have the power to issue subpoenas to
occupants, residents, owners, or parties -in -interest to produce written records related to the property
under inspection or investigation.
107.2 Form. Such notice prescribed in Section 107.1 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.
bow 4. Include a correction order allowing a reasonable time to make the repairs and
improvements required to bring the dwelling unit or structure into compliance with the
provisions of this code.
5 Inform the property owner of the right to appeal.
6. Include a statement of the right to file a lien in accordance with Section 106.3.
107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof
is:
1. Delivered personally;
2. Sent by certified or first-class mail addressed to the last known address; or
3. 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.
107.4 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in
Section 106.4.
107.5 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,
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mown mortgagee or lessee a true copy of any compliance order or notice of violation issued by the
building official and shall furnish to the building official a signed and notarized statement
from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such
8"A" 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.
SECTION 108
UNSAFE STRUCTURES AND EQUIPMENT
108.1 General. When a structure or equipment is found by the building official or its
designee 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.
108.1.1 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.
108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating
equipment, elevator, moving stairway, electrical wiring or device, flammable liquid
containers or other equipment on the premises or within the structure which is in
such disrepair or condition that equipment is a hazard to life, health, property or
safety of the public or occupants of the premises or structure.
108.1.3 Structure unfit for human occupancy. A structure is unfit for human
occupancy whenever the building official or its designee finds that such structure is
unsafe, unlawful or, because of the degree to which the structure is in disrepair or
lacks maintenance, is unsanitary, 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.
108.1.4 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.
108.2 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 building official or its
designee 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. Upon failure of the owner to close
... up the premises within the time specified in the order, the building 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
IE
upon which the structure is located and shall be a lien upon such real estate and may be
.., collected by any other legal resource.
W" 108.3 Notice. Whenever the building official or its designee 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 Section 107.3. If the
notice pertains to equipment, it shall also be placed on the condemned equipment. The
notice shall be in the form prescribed in Section 107.2.
108.4 Placarding. Upon failure of the owner or person responsible to comply with the notice
provisions within the time given, the building official or its designee 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.
108.4.1 Placard removal. The building official or its designee 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 building official shall
be subject to the penalties provided by this code.
108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the
building official or its designee shall be vacated as ordered by the building official. Any
mow 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.
SECTION 109
EMERGENCY MEASURES
109.1 Imminent danger. When, in the opinion of the building official or its designee, 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 building official or its designee is hereby authorized and empowered to
order and require the occupants to vacate the premises forthwith. The building official or its
designee 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 Building
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 of
demolishing the same.
12
109.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in
the opinion of the building official or its designee, there is imminent danger due to an
unsafe condition, the building official or its designee shall order the necessary work to be
`°r 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 building official or its designee deems necessary to meet
such emergency.
109.3 Closing streets. When necessary for public safety, the building official or its designee
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.
109.4 Emergency repairs. For the purposes of this section, the building official or its
designee shall employ the necessary labor and materials to perform the required work as
expeditiously as possible.
109.5 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.
109.6 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.
SECTION 110
DEMOLITION
110.1 General. The building official or its designee shall order the owner of any premises
upon which is located any structure, which in the building official's judgment is so old,
dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary 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 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, to demolish and remove such structure.
110.2 Notices and orders. All notices and orders shall comply with Section 107.
110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order
within the time prescribed, the building 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 alien upon such real estate.
110.4 Salvage materials. When any structure has been ordered demolished and removed,
am the governing body or other designated officer under said contract or arrangement
13
PPM 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, for 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.
SECTION 111
MEANS OF APPEAL
111.1 Application for appeal. Any person directly affected by a decision of the building
official or a notice or order issued under this code shall have the right to appeal to the
Mayor and Council, provided that a written application for appeal is filed within 20 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 there under
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.
111.2 Membership of board. The Mayor and Council shall act as the Board of Appeals until
such board has been established.
■ AK 111.2.1 Alternate members. (Reserved)
111.2.2 Chairman. (Reserved)
+w.
111.2.3 Disqualification of member (Reserved)
111.2.4 Secretary. (Reserved)
111.2.5 Compensation of members (Reserved)
111.3 Notice of meeting. The board shall meet upon notice from the chairman, within 20
days of the filing of an appeal, or at stated periodic meetings.
111.4 Open hearing. All hearings before the board shall be open to the public. The
appellant, the appellant's representative, the building official and any person whose
interests are affected shall be given an opportunity to be heard. A quorum shall consist of
not less than two-thirds of the board membership.
111.4.1 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.
111.5 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.
how 111.6 Board decision. The board shall modify or reverse the decision of the building official
only by a concurring vote of a majority of the total number of appointed board members.
14
111.6.1 Records and copies. The decision of the board shall be recorded. Copies shall
be furnished to the appellant and to the building official.
111.6.2 Administration. The building official shall take immediate action in
accordance with the decision of the board.
111.7 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.
111.8 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.
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CHAPTER 2
DEFINITIONS
SECTION 201
GENERAL
201.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes
of this code, have the meanings shown in this chapter.
201.2 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.
201.3 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, International Existing Building Code or
the ICC Electrical Code, such terms shall have the meanings ascribed to them as in those
*� codes.
7T
201.4 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.
201.5 Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building,"
"rooming house," "rooming unit" 1 "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."
SECTION 202
GENERAL DEFINITIONS
APPROVED: Approved by the building official.
BASEMENT: That portion of a building which is partly or completely below grade.
BATHROOM: A room containing plumbing fixtures including a bathtub or shower.
BEDROOM: Any room or space used or intended to be used for sleeping purposes.
BUILDING OFFICIAL: The official who is charged with the administration and enforcement
of this code or any duly authorized representative.
CONDEMN: To adjudge unfit for occupancy.
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Pon DWELLING UNIT: A single unit providing complete, independent living facilities for one
or more persons including: permanent provisions for living, sleeping, eating, cooking and
sanitation.
EASEMENT: That portion of land or property reserved for present or future use by a person
or agency other than the legal fee owner(s) of the property. The easement shall be permitted to
be for use under, on or above a said lot or lots.
EXTERIOR PROPERTY: The open space on the premises and on adjoining property under
the control of owners or operators of such premises.
EXTERMINATION" The control and elimination of insects, rats or other pests by
eliminating their harborage places; by removing or making inaccessible materials that serves
as their food; by poison spraying, fumigating, and trapping or by any other approved pest
elimination methods.
GARBAGE: The animal or vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
GUARD: A building component or a system of building components located at or near the
open sides of elevated walking surfaces that minimizes the possibility of a fall from the
walking surface to a lower level.
HABITABLE SPACE: Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not
pop" considered habitable spaces.
b*M HOUSEKEEPING UNIT: A room or group of rooms forming a single habitable space
equipped and intended to be used for living, sleeping, cooking and eating which does not
contain, within such a unit, a toilet, lavatory and bathtub or shower.
IMMINENT DANGER: A condition which could cause serious or life-threatening injury or
death at any time.
INFESTATION: The presence, within or contiguous to, a structure or premises of insects,
rats, vermin or other pests.
INOPERABLE MOTOR VEHICLE: A vehicle which cannot be driven upon the public
streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a
state of disrepair, or incapable of being moved under its own power.
LABELED: Devices, equipment, appliances, or materials to which has 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 by whose label the
manufacturer attests to compliance with applicable nationally recognized standards.
LET FOR OCCUPANCY OR LET: To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or
"on 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
in" land.
17
OCCUPANCY: The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT: Any individual living or sleeping in a building, or having possession of a
space within a building.
OPENABLE AREA: That part of a window, skylight or door which is available for
unobstructed ventilation and which opens directly to the outdoors.
OPERATOR: Any person who has charge, care or control of a structure or premises which
is let or offered for occupancy.
OWNER: Any person, agent, operator, firm or corporation having a legal or equitable
interest in the property; or recorded in the official records of the state, county or
municipality as holding title to the property; or otherwise having control of the property,
including the guardian of the estate of any such person, and the executor or administrator of
the estate of such person if ordered to take possession of real property by a court.
PERSON: An individual, corporation, partnership or any other group acting as a unit.
PREMISES: A lot, plot or parcel of land, easement or public way, including any structures
thereon.
PUBLIC WAY: Any street, alley or similar parcel of land essentially unobstructed from the
ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to
the public for public use.
ROOMING HOUSE: A building arranged or occupied for lodging, with or without meals,
for compensation and not occupied as a one- or two-family dwelling.
ROOMING UNIT: Any room or group of rooms forming a single habitable unit occupied
or intended to be occupied for sleeping or living, but not for cooking purposes.
RUBBISH: Combustible and noncombustible waste materials, except garbage; the term
shall include the residue from the burning of wood, coal, coke and other combustible
materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard
trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
STRICT LIABILITY OFFENSE: An offense in which the prosecution in a legal proceeding
is not required to prove criminal intent as a part of its case. It is enough to prove that the
defendant either did an act which was prohibited, or failed to do an act which the defendant
was legally required to do.
STRUCTURE: That which is built or constructed or a portion thereof.
TENANT: A person, corporation, partnership or group, whether or not the legal owner of
record, occupying a building or portion thereof as a unit.
TOILET ROOM: A room containing a water closet or urinal but not a bathtub or shower.
VENTILATION: The natural or mechanical process of supplying conditioned or
unconditioned air to, or removing such air from, any space.
707
18
WORKMANLIKE: Executed in a skilled manner; e.g., generally plumb, level, square, in
line, undamaged and without marring adjacent work.
YARD: An open space on the same lot with a structure.
CHAPTER 3
GENERAL REQUIREMENTS
SECTION 301
GENERAL
301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the
responsibilities of persons for maintenance of structures, equipment and exterior property.
301.2 Responsibility. The owner of the premises shall maintain the structures and exterior
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 chapter. Occupants of a dwelling unit, rooming unit or housekeeping
unit are responsible for keeping in a clean, sanitary and safe condition that part of the
dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
301.3 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.
SECTION 302
EXTERIOR PROPERTY AREAS
302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and
sanitary condition. The occupant shall keep that part of the exterior property which such
occupant occupies or controls in a clean and sanitary condition.
302.2 Grading and drainage. 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.
Exception: Approved retention areas and reservoirs.
302.3 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.
302.4 Weeds. All premises and exterior property shall be maintained free from weeds or
some plant growth in excess of ten (10") inches. All noxious weeds 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.
20
a•. Upon failure of the owner or agent having charge of a property to cut and destroy weeds
after service of a notice violation, they shall be subject to prosecution in accordance with
Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply
to" 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 cut
and destroy the weeds growing thereon, and the costs of such removal shall be paid by the
owner or agent responsible for the property.
302.5 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 reification.
302.6 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 tent.
302.7 Accessory structures. All accessory structures, including detached garages, fences and
walls, shall be maintained structurally sound and in good repair.
302.8 Motor vehicles. 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.
NWO Exception: 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 purposes.
302.9 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.
It shall be the responsibility of the owner to restore said surface to an approved state of
maintenance and repair.
SECTION 303
SWIMMING POOLS, SPAS AND HOT TUBS
303.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary
condition, and in good repair.
303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than
24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48
MIN, inches (1219 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 -
Ar, latching. Where the self -latching device is less than 54 inches (1372 mm) above the bottom of
21
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 6 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.
SECTION 304
EXTERIOR STRUCTURE
304.1 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.
304.2 Protective treatment. 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. 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 water tight. 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.
304.3 Premises identification. (Reserved)
304.4 Structural members. All structural members shall be maintained free from
deterioration, and shall be capable of safely supporting the imposed dead and live loads.
304.5 Foundation walls. All foundation walls shall be main - 7tained plumb and free from
open cracks and breaks and shall be 1 kept in such condition so as to prevent the entry of
rodents and other pests.
304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting
materials; and maintained weatherproof and properly surface coated where required to
prevent deterioration.
304.7 Roofs and drainage. The roof and flashing shall be sound, tight and 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.
304.8 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.
22
304.9 Overhang extensions. All overhang extensions including, but not limited to canopies,
Rom marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be
maintained in good repair and 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.
304.10 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.
304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, 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.
304.12 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.
304.13 Window, skylight and door frames. Every window, skylight, door and frame shall
be kept in sound condition, good repair and weather tight.
304.13.1 Glazing. All glazing materials shall be maintained free from cracks and
holes.
304.13.2 Openable windows. Every window, other than a fixed window, shall be
easily openable and capable of being held in position by window hardware.
304.14 Insect screens. During the period from [DATE] to [DATE], 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
approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and
every swinging door shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air
curtains or insect repellent fans, are employed.
304.15 Doors. All exterior doors, door assemblies and hardware shall be maintained in good
condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall
tightly secure the door. Locks on means of egress doors shall be in accordance with Section
702.3.
304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the
entrance of rodents, rain and surface drainage water.
304.17 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.
23
304.18 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.
7
304.18.1 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
meeting specifications set forth herein. Such deadbolt locks shall be operated only by
the turning of a knob or a key and shall have a lock throw of not less than 1 -inch. For
the purpose of this section, a sliding bolt shall not be considered an acceptable
deadbolt lock. Such deadbolt locks shall be installed according to manufacturer's
specifications and maintained in good working order. All deadbolt locks required by
this section shall be designed and installed in such a manner so as to be operable
inside of the dwelling unit, rooming unit or housekeeping unit without the use of a
key, tool, combination thereof or any other special knowledge or effort.
304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828
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 devices.
304.18.3 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.
SECTION 305
INTERIOR STRUCTURE
305.1 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.
305.2 Structural members. All structural members shall be maintained structurally sound,
and be capable of supporting the imposed loads.
305.3 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.
305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other
walking surface shall be maintained in sound condition and good repair.
24
305.5 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.
%WM 305.6 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.
SECTION 306
HANDRAILS AND GUARDRAILS
306.1 General. The exterior and interior flight of stairs having more than four risers shall
have a handrail on one side of the stair and 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. Handrails shall not be less than 30 inches (762
mm) high or more than 42 inches (1 ()7 mm) high measured vertically above the nosing of
the tread or above the finished floor of the landing or walking surfaces. 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.
Exception: Guards shall not be required where exempt by the adopted building
code.
SECTION 307
RUBBISH AND GARBAGE
307.1 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.
307.2 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.
307.2.1 Rubbish storage facilities. The owner of every occupied premise shall
supply approved covered containers for rubbish, and the owner of the premises shall
be responsible for the removal of rubbish.
307.2.2 Refrigerators. Refrigerators and similar equipment not in operation shall not
be discarded, abandoned or stored on premises without first removing the doors.
Pon 307.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean
and sanitary mariner by placing such garbage in an approved garbage disposal facility or
rr.
approved garbage containers.
25
307.3.1 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 leak proof, covered, outside garbage container.
307.3.2 Containers. The operator of every establishment which produced garbage
shall provide, and at all times cause to be utilized, approved leak proof containers
provided with close -fitting covers for the storage of such materials until removed
from the premises for disposal.
SECTION 308 EXTERMINATION
308.1 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 extermination, proper
precautions shall be taken to prevent re -infestation.
308.2 Owner. The owner of any structure shall be responsible for extermination within the
structure prior to renting or leasing the structure.
olo 308.3 Single occupant. The occupant of a one -family dwelling or of a single -tenant
' nonresidential structure shall be responsible for extermination on the premises.
t 308.4 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
extermination in the public or shared areas of the structure and exterior property. If
infestation is caused by failure of an occupant to prevent such infestation in the area
occupied, the occupant shall be responsible for extermination.
308.5 Occupant. The occupant of any structure shall be responsible for the continued rodent
and pest -free condition of the structure.
Exception: Where the infestations are caused by defects in the structure, the owner
shall be responsible for extermination.
26
CHAPTER 4
LIGHT, VENTILATION AND OCCUPANCY
LIMITATIONS
SECTION 401
GENERAL
401.1 Scope. The provisions of this chapter shall govern the minimum conditions and
standards for light, ventilation and space for occupying a structure.
401.2 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 do not
comply with the requirements of this chapter.
401.3 Alternative devices. In lieu of the means for natural light and ventilation herein
prescribed, artificial light or mechanical ventilation complying with the International Building
FP-" Code shall be permitted.
SECTION 402
LIGHT
402.1 Habitable spaces. 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 percent 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 3 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 nor to a court and
shall not be included as contributing to the required minimum total window area for the
room.
Exception: 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 percent 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.
�•• 402.2 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 60watt standard incandescent light bulb for each 200 square feet (19 m) of floor
27
area or equivalent illumination, provided that the spacing between lights shall not be
greater than 30 feet (9144 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 1 foot candle (11 lux) at
floors, landings and treads.
402.3 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.
SECTION 403
VENTILATION
403.1 Habitable spaces. Every habitable space shall have at least one openable window. The
total openable area of the window in every room shall be equal to at least 45 percent of the
minimum glazed area required in Section 402.1.
Exception: Where rooms and spaces without openings to the outdoors are ventilated
through an adjoining room, the unobstructed opening to the adjoining room shall be
at least 8 percent of the floor area of the interior room or space, but not less than 25
square feet (2.33 m=). The ventilation openings to the outdoors shall be based on a
poem total floor area being ventilated.
0
403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the
ventilation requirements for habitable spaces as required by Section 403. 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.
403.3 Cooking facilities. Unless approved through the certificate of occupancy, cooking
shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or
appliance shall not be permitted to be present in a rooming unit or dormitory unit.
Exception: Where specifically approved in writing by the building official.
403.4 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 not be
recirculated to any space.
403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all
other systems and shall be exhausted in accordance with the manufacturer's instructions.
28
SECTION 404
OCCUPANCY LIMITATIONS
404.1 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.
404.2 Minimum room widths. A habitable room, other than a kitchen, shall not be less than
7 feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less
than 3 feet (914 mm) between counter fronts and appliances or counter fronts and walls.
404.3 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas,
bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not
less than 7 feet (2134 mm).
Exceptions:
1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet
(1219 mm) on center and projecting not more than 6 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 6 feet
8 inches (2033 mm) with not less than 6 feet 4 inches (1932 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 7 feet
(2134 mm) over not less than one-third 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 5 feet (1524 mm) or more shall be included.
404.4 Bedroom requirements. Every bedroom shall comply with the requirements of
Sections 404.4.1 through 404.4.5.
404.4.1 Area for sleeping purposes. Every bedroom occupied by one person shall contain at
least 70 square feet (6.5 m2) of floor area, and every bedroom occupied by more than one
person shall contain at least 50 square feet (4.6 m2) of floor area for each occupant thereof.
404.4.2 Access from bedrooms. 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.
Exception: Units that contain fewer than two bedrooms.
404.4.3 Water closet accessibility. Every bedroom shall have access to at least one water
closet and one lavatory without passing through another bedroom. Every bedroom in a
dwelling unit shall have access to at least one water closet and lavatory located in the same
story as the bedroom or an adjacent story.
tow
29
404.4.4 Prohibited occupancy. Kitchens and non -habitable spaces shall not be used for
""` slee m purposes.
sleeping
tow 404.4.5 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 chapter; the plumbing facilities and water -heating facilities
requirements of Chapter 5; the heating facilities and electrical receptacle requirements of
Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7.
404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than
permitted by the minimum area requirements of Table 404.5.
Table 404.5
Minimum Area Requirements
Space
1-2 occupants
3-5 occupants
6 or more occupants
Living room a, b
No requirements
120 min. sq. ft.
150 min. sq. ft.
Dining room a, b
No requirements
80 min. sq. ft.
100 min. sq. ft.
Bedrooms
Shall comply with Section 404.4
For SI: 1 square foot = 0.093 m2.
,m a. See Section 404.5.2 for combined living room/ dining room spaces.
b. See Section 404,5.1 for limitations on determining the minimum occupancy area for
sleeping purposes.
404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5 shall not be
included as a sleeping area in determining the minimum occupancy area for sleeping
purposes. All sleeping areas shall comply with Section 404.4.
404.5.2 Combined spaces. Combined living room and dining room spaces shall comply with
the requirements of Table 404.5 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.
404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from
meeting the following requirements:
1. 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 Items 2 and 3.
MOMM 2. 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.
1%W Light and ventilation conforming to this code shall be provided.
30
3. The unit shall be provided with a separate bathroom containing a water closet,
lavatory and bathtub or shower.
4. The maximum number of occupants shall be three.
404.7 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.
31
r""
CHAPTER
PLUMBING FACILITIES AND FIXTURE
REQUIREMENTS
SECTION 501
GENERAL
501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems,
facilities and plumbing fixtures to be provided.
501.2 Responsibility. The owner of the structure shall provide and maintain such 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 chapter.
SECTION 502
REQUIRED FACILITIES
502.1 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.
502.2 Rooming houses. At least one water closet, lavatory and. bathtub or shower shall be
supplied for each four rooming units.
502.3 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 ten occupants.
502.4 Employees' facilities. A minimum of one water closet, one lavatory and one drinking
facility shall be available to employees.
502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler,
bottled water cooler pr disposable cups next to a sink or water dispenser. Drinking -g facilities
shall not be located in toilet rooms or bathrooms.
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SECTION 503
TOILET ROOMS
503.1 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.
503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or 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.
503.3 Location of employee toilet facilities. 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.
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.
Ann%
503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained
to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean
and sanitary condition.
SECTION 504
PLUMBING SYSTEMS AND FIXTURES
504.1 General. All plumbing fixtures shall be properly installed and maintained in working
order, and shall be kept free from obstructions, leaks and defects and 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.
504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and
cleaning.
504.3 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 siphon age, improper installation, deterioration
or damage or for similar reasons, the building official shall require the defects to be
corrected to eliminate the hazard.
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SECTION 505
WATER SYSTEM
505.1 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.
505.2 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.
505.3 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.
505.4 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.
SECTION 506
SANITARY DRAINAGE SYSTEM
506.1 General. All plumbing fixtures shall be properly connected to either a public sewer
system or to an approved private sewage disposal system.
506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function
properly and be kept free from obstructions, leaks and defects.
SECTION 507
STORM DRAINAGE
507.1 General. 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.
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CHAPTER 6
MECHANICAL AND ELECTRICAL
REQUIREMENTS
SECTION 601
GENERAL
601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and
electrical facilities and equipment to be provided.
601.2 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.
SECTION 602
HEATING FACILITIES
602.1 Facilities required. Heating facilities shall be provided in structures as required by
this section.
602.2 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.
Exception: In areas where the average monthly temperature is above 30°F (-1°C), a
minimum temperature of 65°F (18°C) shall be maintained.
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one
or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or
implied, to furnish heat to the occupants thereof shall supply heat during the period from
October 1St to April 1st and to maintain a temperature of not less than 68T (20°C) in all
habitable rooms, bathrooms, and toilet rooms.
Exceptions:
*o* 1. When the outdoor temperature is below the winter outdoor design temperature
for the locality, maintenance of the minimum room temperature shall not be
I.. required provided that the heating system is operating at its full design capacity. The
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winter outdoor design temperature for the locality shall be as indicated in Appendix
D of the International Plumbing Code.
2. In areas where the average monthly temperature is above 30°F (-1°C) a minimum
temperature of 65°F (18°C) shall be maintained.
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat
during the period from [DATE] to [DATE] to maintain a temperature of not less than 65 T
(18°C) during the period the spaces are occupied.
Exceptions:
1. Processing, storage and operation areas that require cooling or special temperature
conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
602.5 Room temperature measurement. The required room temperatures shall be measured
3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from
the center of each exterior wall.
SECTION 603
MECHANICAL EQUIPMENT
603.1 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.
603.2 Removal of combustion products. All fuel -burning equipment and appliances shall
be connected to an approved chimney or vent.
Exception: Fuel -burning equipment and appliances which are labeled for un -vented
operation.
603.3 Clearances. All required clearances to combustible materials shall be maintained.
603.4 Safety controls. All safety controls for fuel -burning equipment shall be maintained in
effective operation.
603.5 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.
603.6 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 there from, shall not be installed unless labeled for such purpose and the
installation is specifically approved.
36
SECTION 604
ELECTRICAL FACILITIES
604.1 Facilities required. Every occupied building shall be provided with an electrical
system in compliance with the requirements of this section and Section 605.
604.2 Service. The size and usage of appliances and equipment shall serve as a basis for
determining the need for additional facilities in accordance with the ICC Electrical Code.
Dwelling units shall be served by a three -wire, 120/240 volt, single-phase electrical service
having a ruling of not less than 60 amperes.
604.3 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 building official shall require the defects
to be corrected to eliminate the hazard.
SECTION 605
ELECTRICAL EQUIPMENT
605.1 Installation. All electrical equipment, wiring and appliances shall be properly
installed and maintained in a safe and approved manner.
605.2 Receptacles. Even' habitable space in a dwelling shall contain at least two separate -
and remote receptacle outlets. 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. Any new bathroom receptacle outlet shall have ground fault
circuit interrupter protection.
605.3 Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom,
laundry room, boiler room and furnace room shall contain at least one electric lighting
fixture.
SECTION 606
ELEVATORS, ESCALATORS AND DUMBWAITERS
606.1 General. Elevators, dumbwaiters and escalators shall be maintained to sustain safely
all imposed loads, to operate properly, and to be free from physical and fire hazards. The
most current certificate of inspection shall be on display at all times within the elevator or
attached to the escalator or dumbwaiter; or the certificate shall be available for public
inspection in the office of the building operator.
0
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606.2 Elevators. In buildings equipped with passenger elevators, at least one elevator shall
be maintained in operation at all times when the building is occupied.
Exception: Buildings equipped with only one elevator shall be permitted to have the
elevator temporarily out of service for testing or servicing.
SECTION 607
DUCT SYSTEMS
607.1 General. Duct systems shall be maintained free of obstructions and shall be capable of
performing the required function.
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CHAPTER 7
PM
FIRE SAFETY REQUIREMENTS
SECTION 701
GENERAL
Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made
inoperable.
701.1 Scope. The provisions of this chapter 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.
701.2 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 do not comply
with the requirements of this chapter.
SECTION 702
MEANS OF EGRESS
702.1 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.
702.2 Aisles. The required width of aisles in accordance with the International Fire Code shall
be unobstructed.
702.3 Locked doors. All means of egress doors shall be readily open able 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.
702.4 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 s1 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
Pam use of a key, tool or force greater than that which is required for normal operation of the
escape and rescue opening.
39
SECTION 704
FIRE PROTECTION SYSTEMS
704.1 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 an operable
condition at all times in accordance with the International Fire Code.
704.2 Smoke alarms. 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.
Single or multiple -station smoke alarms shall be installed in other groups in
accordance with the International Fire Code.
SECTION 703
FIRE -RESISTANCE RATINGS
703.1 Fire -resistance -rated assemblies. The required fire -resistance rating of fire -resistance -
rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained.
703.2 Opening protectives. Required opening protectives shall be maintained in an
operative condition. All fire and smoke stop doors shall be maintained in operable
condition.
704.3 Power source. 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 serve 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 over current protection.
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
40
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.
704.4 Interconnection. 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.
Exceptions:
1. Interconnection is not required n buildings which are not undergoing alterations,
repairs, or construction of any kind.
2. Smoke alarms in existing areas are not required to be interconnected where
alterations or repairs 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 interconnection without the removal of interior
finishes.
41