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A. General. In addition to the general property maintenance standards specified in Section 1.10.075, all buildings, common areas, or portions thereof used, designed, or intended to be used for human habitation shall comply with the requirements of this section.

B. Foundations, Exterior Walls, Doors, Windows, Roofs, Mechanical Equipment, Electrical, and Plumbing. Foundations, exterior walls, roofs, and mechanical equipment shall be free from deterioration or blighting conditions and shall conform to the following requirements:

1. Foundation. The building foundation shall be free from deterioration, maintained in a plumb and safe condition, be capable of supporting the load which normal use may place thereon, be free from open cracks and breaks, and be kept in such a condition so as to prevent the entry of rodents and other pests.

2. Exterior Walls. The exterior walls shall be free from conditions that contribute to the deterioration of the structure or otherwise present a deteriorated or blighted condition. Exterior walls shall be substantially weather tight, weatherproof, free from dry rot and mildew, and shall be maintained in sound condition and good repair so as to prevent infestation. Windows of occupied structures shall not be boarded and glazing in windows and doors shall be properly maintained. Chipping or peeling paint may not exceed twenty-five percent of a surface area of any building component visible from public property. All exterior surfaces other than decay-resistant materials shall be protected from the elements by painting or other protective covering according to manufacturer’s specifications. Chimneys and similar appurtenances shall be structurally safe.

3. Doors. Exterior doors shall be fitted securely in their frames and shall be substantially weather tight with operable locks. Each exterior door shall be equipped with a deadbolt lock designed to be operable from the inside without the need for a key or special knowledge. All deadbolts shall have a minimum throw of one inch. Every screen door used for insect control shall have a self-closing device in good working condition.

4. Windows. Exterior windows shall be fitted securely in their frames and shall be substantially weather tight with operable locks if locks are present. Operable windows within twelve feet above a walking surface below shall be equipped with a window sash locking device designed to be operable from the inside without the need for a key or special knowledge. Window screening, of not less than sixteen mesh per inch, shall be 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 and shall be maintained in good condition.

5. Roofs. Roofs shall be maintained in a safe condition and have no defects which might admit rain or cause dampness in the walls or interior portion of the building. Roofs shall be free from conditions that contribute to the deterioration of the structure or otherwise present a deteriorated or blighted appearance. Broken, rotted, split, curled, or missing roofing material shall not exceed ten square feet of any roof. Canopies and awnings shall be properly anchored and maintained. Roof water shall not be discharged in a manner that creates a public nuisance.

6. Mechanical Equipment. Heating, ventilating, air conditioning, and evaporative cooling equipment, and their mounting apparatuses, shall be maintained in an approved manner, and in a condition free from excessive accumulation of scale, rust, corrosion or mineral deposits. Equipment stands or mounts shall be structurally sound. Unused, deteriorated or unattached heating, ventilation and air conditioning (HVAC) equipment and mechanical equipment and associated apparatuses shall be removed from the structure. Equipment shrouds, enclosures, and similar protecting housing components integral to a piece of equipment shall be installed, anchored, and properly maintained.

7. Electrical Equipment. All electrical equipment, wiring and appliances shall be installed and maintained in a safe, functional, and approved manner.

8. Plumbing Equipment. All plumbing equipment, piping and fixtures shall be installed and maintained in a safe, sanitary, functional and approved manner.

9. Outdoor Stairs, Porches, Guardrails, Handrails, and Similar Railings. All outdoor stairs, porches, guard and handrails shall be adequate for safety. Every stair and porch shall be maintained in an approved manner, structurally sound and safe condition. The supports for railings, stairs, and porches shall be maintained in an approved manner, structurally sound and safe condition. Every stair and porch, and any appendage thereto, shall be maintained in an approved manner, structurally sound and safe condition, and capable of supporting a load that normal use may place thereon.

C. Room Dimensions.

1. Existing Buildings. Buildings and portions thereof in existence at the time of the adoption of this chapter are not required to be modified to comply with this section and may have their existing use or occupancy continued provided the construction, use, or occupancy was legal at the time of original construction and further provided the continued use or occupancy is not dangerous to life, health, and safety.

2. Ceiling Heights. Habitable space shall have a ceiling height of not less than seven feet except as otherwise permitted in this section. Kitchens, halls, bathrooms, and toilet compartments may have a ceiling height of not less than seven feet measured to the lowest projection from the ceiling. Where exposed beam ceiling members are spaced at less than forty-eight inches on center, ceiling height shall be measured to the bottom of these members. Where exposed beam ceiling members are spaced at forty-eight inches or more on center, ceiling height shall be measured to the bottom of the deck supported by these members; provided, that the bottom of the members is not less than seven feet above the floor.

If any habitable space has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the area thereof. No portion of the room measuring less than five feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof. If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds the area thereof, but in no case shall the height of the furred ceiling be less than seven feet.

3. Floor Area. Dwelling units and congregate residences shall have at least one room that shall have not less than one hundred twenty square feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less than seventy square feet.

Exception: Nothing in this section shall prohibit the use of an efficiency living unit within an apartment house meeting the following requirements:

a. The unit shall have a living room of not less than two hundred twenty square feet of floor area. An additional one hundred square feet of floor area shall be provided for each occupant of such unit in excess of two.

b. The unit shall be provided with a kitchen sink and cooking appliance. If a refrigerator is provided, it must be maintained in a safe and operational condition. Each sink, cooking appliance, or refrigerator shall have a clear working space of not less than thirty inches in front, except ADA accessible units, which shall meet the working space requirements of those units. 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.

4. Width. No habitable room other than a kitchen shall be less than seven feet in any dimension. Kitchens shall have a clear passageway of not less than three feet between counterfronts and appliances or counterfronts and walls. Each water closet shall be located in a clear space not less than thirty inches in width and a clear space in front of the water closet of not less than twenty-four inches shall be provided.

D. Light and Ventilation.

1. General. For the purpose of determining the light or ventilation required by this section, any room may be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room or twenty-five square feet, whichever is greater. Exterior openings for natural light or ventilation required by this section shall open directly onto a public way or a yard or court located on the same lot as the building.

Exceptions:

a. Required windows may open into a roofed porch where the porch:

(1) Abuts a public way, yard, or court.

(2) Has a ceiling height of not less than seven feet.

(3) Has a longer side at least sixty-five percent open and unobstructed.

b. Skylights.

2. Light. Guest rooms and habitable rooms within a dwelling unit or a congregate residence shall be provided with natural light by means of exterior glazed openings with an area of not less than one-tenth of the floor area of such rooms with a minimum of ten square feet of opening area.

3. Ventilation. Guest rooms and habitable rooms within a dwelling unit or congregate residence shall be provided with natural ventilation by means of exterior openings with an area of not less than one-twentieth of the floor area of such rooms with a minimum opening of five square feet of area. Such openings shall be capable of being opened so as to provide ventilation.

Bathrooms, water closet compartments, laundry rooms, and similar rooms shall be provided with natural ventilation by means of exterior openings with an area of not less than one-twentieth of the floor areas of such rooms with a minimum of one and one-half square feet of area. Such openings shall be capable of being opened so as to provide ventilation. In lieu of required exterior openings for natural ventilation in toilet rooms, bathrooms containing a bathtub or shower, or combination thereof, laundry rooms, and similar rooms, a mechanical ventilation system connected directly to the outside capable of providing five air changes per hour shall be provided. The location of the discharged exhaust air shall be at least three feet from any opening into the building.

4. Hallways. All public hallways, stairs, and other paths of exit shall be adequately illuminated at all times in accordance with the building code.

5. Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room, and furnace room shall contain at least one electric luminaire.

E. Sanitation.

1. Dwelling Units, Lodging Houses and Congregate Residences, Dormitories and Fraternity Houses. Dwelling units, lodging houses, and congregate residences, dormitories and fraternity houses shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower, or combination thereof.

2. Kitchen. Each dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with a safe and operational kitchen sink and cooking appliance. If a refrigerator is provided, it must be maintained in a safe and operational condition.

3. Fixtures. All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system. All plumbing fixtures shall be connected to an approved water supply and provided with hot and cold running water necessary for normal operations. All plumbing fixtures shall be listed by an approved listing agency.

4. Water Closet Compartments. Except in dwelling units, walls within two feet of urinals and water closets shall have a smooth, hard, nonabsorbent surface to a height of four feet above the floor.

5. Installation and Maintenance. All sanitary facilities shall be installed and maintained in a safe and sanitary working condition.

6. Disposal of Rubbish and Garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. Every occupant of a structure shall dispose of garbage and rubbish in a clean and sanitary manner by placing such garbage and rubbish in an approved container or disposal facility. Any accumulated garbage and rubbish shall be placed out for collection for the authorized waste disposal agent of the city at a minimum of one time per week.

F. Structural Conditions. Roofs, floors, walls, foundations, and all other structural components of buildings shall be capable of resisting any and all forces and loads to which they may be subjected as specified in the codes and standards in effect at the time of original construction, and as specified in codes and standards regulating existing buildings.

G. Weather Protection. Every habitable building shall be weather protected so as to provide shelter for the occupants against the elements as specified in subsection B of this section.

H. Mechanical Equipment.

1. Heating. Dwelling units, guest rooms, and congregate residences shall be provided with permanently installed heating facilities capable of maintaining a room temperature of sixty-eight degrees Fahrenheit (twenty degrees Celsius) at a point three feet (nine hundred fourteen millimeters) above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe condition. All heating devices or appliances shall be of an approved type and utilized in accordance with their listing. Fuel-burning heaters without vents to the exterior are specifically prohibited.

2. Combustion Air. Rooms and areas containing fuel-burning appliances shall be provided with combustion air as required by the mechanical code.

3. Ducts. Duct systems shall be maintained free of obstructions and leaks and shall be capable of performing the required function.

I. Electrical Equipment. All electrical equipment, wiring, and appliances shall be installed and maintained in safe working order and in accordance with the electrical code. All electrical equipment shall be listed and approved for the intended use. Every bathroom shall have at least one receptacle that has ground fault circuit interruption protection.

J. Exits, Emergency Egress, and Interior Doors.

1. Exits. All buildings or portions thereof shall be provided with properly maintained exits, exit corridors, exit passageways, and appurtenances as required by the building code. Dwelling units and guest rooms shall have access directly to the outside or to an exit corridor or exit passageway.

2. Emergency Egress. Sleeping rooms below the fourth story shall have at least one operable window or exterior door approved for emergency escape or rescue. The window or door shall have the ability to be opened from the inside and any security bars or grills protecting such openings shall comply with subsection W of this section.

3. Interior Doors. Interior doors shall be fitted securely in their frames and shall be in sound condition. Interior door locks shall not require the need for a key or special knowledge. Firewall doors shall be self-closing and self-latching.

K. Fire Protection. All buildings or portions thereof shall be provided with the degree of fire-resistive construction as required by the building code for the appropriate occupancy, type of construction, and location on property, and shall be provided with the appropriate fire-extinguishing systems or equipment as required by the building code and fire code. All fire-resistive construction required by the building code shall be maintained.

L. Substandard Residential Buildings. Any building or portion thereof or the premises on which the same is located in which there exists any of the following conditions shall be deemed and hereby declared to be a substandard building.

1. Habitability and Sanitation. Buildings or portions thereof shall be deemed substandard when any of the following conditions exist:

a. Lack of, or improper operation of, water closet, lavatory, bathtub, or shower.

b. Lack of required interior wall covering.

c. Lack of proper kitchen sink or cooking appliances, or improper operation of kitchen sink, cooking appliance or refrigerator.

d. Lack of required hot and cold running water to plumbing fixtures.

e. Lack of adequate heating facilities.

f. Lack of, or improper operation of, required ventilation equipment.

g. Lack of minimum amounts of natural light and ventilation required by this code.

h. Room and space dimensions less than required by this code. However, a condition that would require the displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building substandard, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion.

i. Lack of required electrical lighting.

j. Dampness in habitable rooms.

k. Infestation of insects, vermin, or rodents.

l. General dilapidation or improper maintenance.

m. Lack of connection to a required sewage disposal system.

n. Lack of adequate garbage and rubbish storage and removal facilities.

o. Lack of connection to public utilities that are essential to maintain heating, plumbing, and electrical fixtures and appliances in a working condition.

M. Structural Hazards. Buildings or portions thereof shall be deemed hazardous and substandard when they are, or contain, structural hazards. Structural hazards shall include, but not be limited to, the following:

1. Deteriorated or inadequate foundations incapable of supporting the load which normal use may place thereon.

2. Defective or deteriorated flooring or flooring supports.

3. Flooring or floor supports of insufficient size to carry imposed loads safely.

4. Members of walls, partitions, or other vertical supports that split, list (to lean), or buckle due to defective material or deterioration.

5. Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads safely.

6. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that sag, split, or buckle due to defective material or deterioration.

7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads safely.

8. Fireplaces or chimneys that list (to lean), bulge, or settle due to defective material or deterioration.

N. Hazardous Electrical Wiring. All wiring that does not conform to all applicable laws in effect at the time of installation, has not been maintained in good condition, or is not currently in good and safe condition and working properly shall be considered hazardous and substandard.

O. Hazardous Plumbing. All plumbing that does not conform to all applicable laws in effect at the time of installation, has not been maintained in good condition, is not currently in good and safe condition or not working properly, or is not free of cross-connections and siphonage between fixtures shall be considered hazardous and substandard. All water heaters require seismic strapping on the bottom one-third and top one-third of the unit. An approved combination temperature and pressure-relief valve and valve relief discharge pipe shall be properly installed and maintained on water heaters.

P. Hazardous Mechanical Equipment. All mechanical equipment including vents that do not conform to all applicable laws in effect at the time of installation, that has not been maintained in good and safe condition, and is not currently in good and safe condition and working properly shall be considered hazardous and substandard.

Q. Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that is in noncompliance with the fire code to the extent that the fire chief or "designee" has determined the noncompliance condition is unsafe or that a fire or explosion could occur as the result of said noncompliance shall be considered hazardous and substandard. In addition, any condition the fire chief or "designee" has determined provides a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered hazardous and substandard.

R. Faulty Materials of Construction. All materials of construction except those that are specifically allowed or approved by the building code and that have been adequately maintained in good and safe condition shall be considered hazardous and substandard.

S. Hazardous or Unsanitary Premises. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions that constitute a fire hazard, health hazard, safety hazard, or a public nuisance shall be considered hazardous and a public nuisance.

T. Inadequate Exits. All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy, shall be considered hazardous and substandard. When an unsafe condition exists due to lack of or improper location of exits, additional exits may be required to be installed.

U. Inadequate Fire Protection or Fire-Fighting Equipment. All buildings or portions thereof that are not provided with fire-resistive construction or fire-extinguishing systems or equipment required by the building and fire code, except those buildings or portions thereof that conformed to all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy, shall be considered hazardous and substandard.

V. Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies shall be considered substandard.

W. Inadequate Emergency Egress. Bars, grills, covers, screens, or similar devices are not permitted to be placed over emergency escape and rescue openings, bulkhead enclosures, or window wells that serve sleeping rooms, unless the minimum net opening dimensions required for escape and rescue openings are maintained. 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.

X. Smoke Alarms. Smoke alarms shall be installed and maintained in all buildings, common areas, or portions thereof used, designed, or intended to be used for human habitation. During construction, smoke alarms shall receive their primary power from the building wiring and shall be equipped with a battery backup. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. One smoke alarm shall be installed at each 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 in 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.

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.

Y. Premises Identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches (one hundred two millimeters) high, with a minimum stroke width of one-half inch (twelve and seven-tenths millimeters).

Exception: Rural residential buildings shall not be required to comply with this section, provided such buildings have a form of building identification that has been approved by the fire code official.

(Ord. 2385 NCS §1 (part), 2010.)