Part 17 Housing Code - Title 1 Housing Regulations

  1. Chapter 1701 Minimum Housing Code
  2. Chapter 1703 Registration of Vacant Buildings and Certificates of Occupancy for Vacant Buildings

Chapter 1701 Minimum Housing Code

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Section 1701.01 Purpose and Scope

  1. Purpose.  Within the scope of this Housing Code as hereinafter defined, the purpose of this Housing Code is to establish minimum standards necessary to make all dwelling structures safe, sanitary, free from fire and health hazards, and fit for human habitation and beneficial to the public welfare; to establish responsibility of owners, operators and occupants of dwelling structures and accessory buildings with respect to sanitation, repair and maintenance; to establish additional standards for multiple dwellings; to authorize the inspection of dwelling structures; to establish enforcement procedures; to authorize the vacation or condemnation of dwelling structures unsafe or unfit for human habitation and fix penalties for violations.
  2. Scope; Conflict; More Restrictive Provision to Control.  The provisions of this Housing Code shall be supplementary to all other provisions of City ordinances relating to the construction, use and maintenance of residential  buildings and accessory buildings and shall apply to all buildings or portions thereof, excepting hotels as defined herein, which are used or designed or intended to be used for residential occupancy or accessory thereto.
    1. The building complies with the provisions of this Housing Code except as to any variance heretofore specifically granted by Council or by a board or agency properly authorized by Council.
    2. The use and occupancy of the building is not in violation of any of the provisions of City ordinances or applicable Ohio statutes, including any rules and regulations adopted pursuant to such ordinances or statutes.
      • In the event of conflict between any provisions of this Housing Code, including any rules and regulations adopted by Council pursuant to this Housing Code and any provisions of other City ordinances, including any rules and regulations adopted by Council pursuant to such ordinances, the more restrictive provisions shall prevail.
  3. Hotels and Motels Excluded.  This Housing Code shall not be applicable to hotels or motels.
  4. Validity.  Sections and subsections of this Housing Code and the several parts and provisions thereof are hereby declared to be independent sections, subsections, parts and provisions, and the holding of any such section, subsection, part or provision thereof to be unconstitutional, void or ineffective for any cause shall not affect nor render invalid any other such section, subsection, part or provision thereof.

Section 1701.02 Definitions

  1. "Accessory building" means a structure, the use of which is incidental or accessory to that of the main building and which is attached thereto or located on the same premises.
  2. "Approved" means approved by the Superintendent of Permits and Inspection pursuant to this Housing Code, or approved by any other authority designated by law to give approval to the matter in question.
  3. "Communal kitchen" means a kitchen within a dwelling structure used by the occupants of more than one dwelling unit or shared or used by a person other than the members of one family.
  4. "Double house" means a detached dwelling arranged, intended or designed to be occupied by only two families living side by side with a partywall between.
  5. "Dwelling" means a building intended or designed to be occupied by not more than two families living separately and independently of each other.
  6. "Dwelling structure" means a building or structure used or designed or intended to be used, all or in part, for residential purposes.
  7. "Dwelling unit" means a group of rooms arranged, maintained or designed to be occupied by a single family and shall consist of:  a complete bathroom with toilet, lavatory and tub or shower facilities; complete kitchen or kitchenette with approved cooking, refrigeration and sink facilities; and approved living and sleeping facilities; all of which facilities are in contiguous rooms and are used exclusively by such family or any authorized persons occupying such dwelling unit with the family.  The words "dwelling unit," "apartment," "suite" shall be considered synonymous.
  8. "Family" means one or more persons related by blood, marriage or adoption who live together in one dwelling unit and maintain a common household; or not more than three persons not related by blood, marriage or adoption who live together in one dwelling unit and maintain a common household.
  9. "Habitable Room" means a room or enclosed floor space used or intended to be used for living, sleeping or eating purposes, excluding bathrooms, toilet rooms, laundries, pantries, dressing rooms, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms, basement recreation rooms and areas used for kitchen purposes.  Wherever living, sleeping or eating space is included in a room or area also used for kitchen purposes, the Superintendent of Permits and Inspection shall determine the portion of the floor area used for kitchen purposes and such portion, so determined, shall not constitute habitable floor area in determining the habitable floor area of a dwelling unit.
  10. "Hotel" means a building originally designed for hotel purposes and meeting all requirements of State and City laws, rules and regulations in which all or part thereof is occupied, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are offered to pay for transient guests and in which five or more rooms are used for the accommodation of such guests.  For the purpose of this Housing Code the word "hotel" includes motels and motor courts meeting these requirements.
  11. "Housing Code" means Chapter 1701 of the Codified Ordinances.
  12. "Multiple dwelling" means a building containing three or more dwelling units, or two or more dwelling units above the first or ground floor. For the purpose of applying this definition, any building which is being operated as a rooming house pursuant to a City license shall not be classified as a multiple dwelling.  The words "multiple dwelling," "tenement house" and "apartment house" are synonymous.
  13. "Occupant" means a person over a year of age who is living, sleeping, cooking or eating in, or having actual possession of a dwelling unit or room.
  14. "Operator" means a person who has charge, care or control of a dwelling structure.
  15. “Owner" means the owner or the owners of a fee interest or lesser estate in the premises, including but not limited to the holder of title thereto subject to contract or purchase, a vendee in possession, a mortgagee or receiver in possession, a lessee or lessees of the whole thereof, or any other person,    firm, corporation or fiduciary or their agents directly in control of the premises.  The person who signs the application for a certificate of occupancy for any premises shall be deemed prima facie to be an owner of such premises as defined herein.
  16. "Premises" means a lot, parcel or plot of land including the buildings or structures thereon.
  17. “Rooming house" means any dwelling structure in which one or more rooms are occupied by five or more roomers or lodgers or in which three or more rooms are kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are offered for pay.  "Roomer" means any person who is not a member of the family nor related by blood, marriage or legal adoption to the operator of a rooming house, to whom space is provided for sleeping or boarding purposes for pay.
  18. “Superintendent of Permits and Inspection" shall be construed as though followed by the words "or his authorized agent or representative."
  19. "Supply" or "supplied" means paid for, furnished or provided by, or under the control of the owner or operator.
  20. "Two-family dwelling" means a detached dwelling arranged, intended or designed to be occupied by only two families, one of which has its principal living rooms on the first floor, the other of which has its principal living rooms on the second floor.

Section 1701.03 Compliance and Enforcement

  1. Responsibility for Compliance.  The owner as defined herein shall be responsible for compliance with all of the provisions of this Housing Code except where the responsibility therefor is specifically placed elsewhere.
  2. Inspection.  The Superintendent of Permits and Inspection and other City department heads and their representatives are hereby authorized to make or cause to be made inspections of all structures or premises used for dwelling purposes and all secondary or appurtenant structures to determine whether such structures or premises conform to the provisions of this Housing Code.
  3. Right of Entry.  Upon presentation of proper credentials the Superintendent of Permits and Inspection and other City department heads and their representatives may, with the consent of the occupant, operator or owner, enter at reasonable times, or at such other times as may be necessary without such consent in an emergency, any dwelling, building, structure or premises in the City to perform any duty imposed on him by this Housing Code.  When consent of the occupant, operator or owner is not given to enter and an emergency situation does not exist, the Superintendent of Permits and Inspection and other City department heads and their representatives may, when probable cause for an inspection of any dwelling, building, structure or premises exists, seek a search warrant from an impartial magistrate to effectuate entrance and inspection.
  4. Notice of Violation.

      1. Whenever the Superintendent of Permits and Inspection or other City department heads or their representatives find any dwelling, structure or premises, or any part thereof, to be in violation of the provisions of this Housing Code, the Superintendent of Permits and Inspection shall cause written notice thereof to be served upon the operator and owner of record of such property, and to the holder of legal or equitable liens of record upon the real property on which such dwelling, structure, structure, or premises, or any part thereof is located.  Such notice shall state the violation therein and require the operator or owner, within a stated reasonable time, which shall not be less than thirty days, to remedy the violation, together with notice of the City’s intent to prosecute noncompliance therewith.
      2. If the violation involves the owner or operator’s failure to provide necessities, such as heat, running water, etc., specifically those described in Ohio Revised Code subsection 5321.04, landlord obligations, subsection (6), as may be amended from time to time, the notice described herein shall require the owner or operator to remedy the violation within a reasonable time considering the severity of the violation and the time necessary to remedy it.
    1. If the person to whom a notice of violation is addressed cannot be found within Stark County after reasonable and diligent search, then notice may be sent by registered mail to the last known address of such person, and a copy of such notice shall be posted in a conspicuous place on the structure or premises to which it relates.  Such mailing and posting shall be deemed legal service of notice.
  5. Cases of Emergency.  Whenever, in the opinion of the Superintendent of  Permits and Inspection and the Director of Administration, the condition of a structure or premises or part thereof, constitutes an immediate hazard to human life or health, he shall declare a case of emergency and request the Law Director to cause immediate vacation of the structure or premises or part thereof.
  6. Placards.  Whenever the Superintendent of Permits and Inspection orders a structure or premises or part thereof to be vacated, he shall cause to be posted at each entrance to such structure or premises or part thereof, a placard ordering such vacation.  No person shall deface or remove such placard without written permission of the Superintendent of Permits and Inspection.  No person shall enter or use any structure or premises so placarded except as authorized by the Superintendent of Permits and Inspection.
  7. Zoning and Building Standards Board of Appeals.  The City Zoning and Building Standards Board of Appeals, as established by Charter, Section 3.07(3), shall be the Board of Appeals for this Housing Code.
  8. Rules and Regulation; Existing Codes.The Zoning and Building Standards Board of Appeals shall have the power to recommend adoption of such rules and regulations as it may deem necessary to carry into effect the provisions of this Housing Code and to provide for its proper interpretation.  Such rules and regulations must be formally adopted by Council and shall not conflict with or waive any provisions of this Housing Code or of any other codes or ordinances of the City.
    1. Such rules and regulations, upon adoption by Council, shall be on file with the Superintendent of Permits and Inspection for public examination.  Such rules regulations shall have the same force and effect as all other provisions of this Housing Code and shall continue in effect until amended or revoked by Council.
    2. The Building Code, and all other codes or ordinances of the City prescribing standards for the construction, operation or maintenance of buildings or property, including all amendments thereto, are hereby specifically incorporated into this Hosing Code as if their provisions were rewritten and the provisions or standards of such codes or ordinances are applicable to this Housing Code.
  9. Other Legal Action Authorized. The imposition of any penalty shall not preclude the Law Director from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful repair or maintenance, or to restrain, correct or abate a violation, or to prevent the occupancy or a building, structure or premises, or to require compliance with the provisions of this Housing Code or other applicable laws, ordinances or the orders or determinations of the Superintendent of Permits and Inspection, the Mayor or the Zoning and Building Standards Board of Appeals.

Section 1701.04 Certificates of Authorized Occupancy (Double or Two-Family Dwelling)

  1. Certificate Required.  No owner of any double house or two-family dwelling shall occupy, rent or lease such premises, or any part thereof, unless such owner holds a certificate of authorized occupancy issued by the Superintendent of Permits and Inspection for such premises.  Such certificate shall be obtained on or before January 1, 1977, or before the owner enters into an agreement for the sale of such premises, whichever occurs sooner.
  2. Application, Inspection, Issuance and Term.
    1. An application for a certificate of authorized occupancy required by the provisions of this chapter shall be made to the Superintendent of Permits and Inspection on forms supplied by him.  Immediately upon the receipt of such application, the Superintendent of Permits and Inspection shall cause a general inspection of the premises to be made.
    2. Upon the completion of the inspection, the Superintendent of Permits and Inspection shall issue a certificate of authorized occupancy for such premises which shall contain the following information.
      1. The street address or other identifying characteristics of the premises.
      2. The name and address of the owner and of the agent, if any.
      3. The authorized use and occupancy of such premises.
      4. Reference to the other requirements of the Housing Code and to the available City housing records and inspection service.
  3. Fees. An application for a certificate of authorized occupancy shall be accompanied by a nonrefundable fee of three dollars ($3.00) for each dwelling unit.
  4. Sale of Two-Family Dwelling or Double House.  Before an owner enters into an agreement for the sale of a two-family dwelling or a double house, he shall exhibit to the prospective purchaser of such premises a copy of the certificate of authorized occupancy for the premises being sold or evidence of the fact that such certificate of authorized occupancy has been applied for.  As evidence of the owner's compliance with the requirements of this section, the owner shall obtain the signature of such prospective purchaser or his agent, their mailing address, on the certificate of occupancy for such premises, or copy thereof, or on the evidence of application for such certificate of authorized occupancy together with the date of signing.  Notification of this change must then be filed with the Superintendent of Permits and Inspection, at which time a new certificate will be issued to the new owner.

Section 1701.05 Certificate of Occupancy (Multiple Dwelling)

  1. Certificate Required.  On and after October 1, 1976, no owner, agent or person in charge of any dwelling structure used or designed, or intended to be used as a multiple dwelling, shall rent or lease such structure or any part thereof for residential occupancy unless the owner thereof holds a certificate of occupancy issued by the Superintendent of Permits and Inspection for such structure, which certificate has not been revoked or otherwise become null and void.
  2. Application, Issuance and Revocation.
    1. An application for a certificate of occupancy required by the provisions of this Housing Code shall be made to the Superintendent of Permits and Inspection in writing by, supplying the information and data to determine compliance with applicable laws and ordinances for the existing use of occupancy or the intended use or occupancy.  Such application shall be made on forms supplied by the Superintendent of Permits and Inspection and shall be accompanied by the fee required by the provisions of this Housing Code.
    2. If it is found that a building or other structure is in compliance with the provisions of this Housing Code and all other laws, ordinances, rules and regulations applicable thereto, the Superintendent of Permits and Inspection shall issue a certificate of occupancy for such building or structure which shall contain the following information.
      1. The street address or other identifying characteristics of the building or other structure.
      2. The name and address of the owner, and if the owner does not reside on the premises, the name and address of the resident agent in charge of the building or structure, or the name and address of the nonresident agent.
      3. The exact nature and extent of the use or occupancy authorized.
    3. The Superintendent of Permits and Inspection with the approval of the Director of Administration shall have the power to revoke a certificate of occupancy if any false statement shall be made by the applicant in connection with the issuance of such certificate, or for noncompliance of a structure or its use with the requirements of this Housing Code, or if the owner, agent or person in charge of a structure refuses to comply with any provisions of this Housing Code required to be observed by him.
  3. New or Remodeled Buildings.  The owner of a multiple dwelling structure which will be completed or remodeled and available for occupancy subsequent to January 1 of any year and which requires a certificate of occupancy shall apply for such certificate as soon as practicable, but in no event shall such structure be occupied in whole or in part until such certificate of occupancy has been issued.  Failure to so apply shall be deemed a violation of this Housing Code and shall subject the owner of the structure to the legal action and penalty prescribed herein.
  4. Posting of Certificate.  The owner, agent or person in charge of every multiple dwelling structure shall cause to be posted conspicuously at all times at the main entrance of such structure the certificate of occupancy hereinbefore required.  Such certificate of occupancy shall be provided with a protective covering and shall be securely affixed to the wall.
  5. Fees.
    1. An application for a certificate of occupancy shall be accompanied by a nonrefundable fee of three dollars ($3.00) for each dwelling unit, provided however, that the fee for any one building shall not exceed one hundred dollars ($100.00.)
    2. The fee for a certificate of occupancy for a new structure issued after June 30 of any year for the remainder of such calendar year shall be nonrefundable and shall be one dollar and fifty cents ($1.50) for each dwelling unit, provided however, that the fee for any one such new building shall not exceed fifty dollars ($50.00).
  6. Changes, New Certificates and Fees.
    1. In the event there is a change in the resident agent or nonresident agent as shown by the certificate of occupancy, the owner shall notify the Superintendent of Permits and Inspection in writing within thirty (30) days of each change, giving the name and address of the new resident agent or nonresident agent.  Failure to so notify the Superintendent of Permits and Inspection within the specified time shall constitute a violation of this Housing Code.
    2. In the event there is a change in the ownership of record, the certificate of occupancy issued under the provision of this Housing Code to the former owner shall become null and void within thirty (30) days of the recorded date of such change of ownership and a new certificate of occupancy must be obtained by the new owner.  Application for such new certificate of occupancy shall be made not more than thirty (30) days after such change in ownership has occurred on forms supplied by the Superintendent of Permits and Inspection.
    3. Any change in the nature or extent of the use or occupancy as specified on the certificate of occupancy shall render the certificate of occupancy null and void upon the happening of such change.  No such change is permissible under this Housing Code unless such change has been approved by the proper City authorities pursuant to this Housing Code, and unless a new certificate of occupancy incorporating such change has been issued.
      • Any such change without the approval of the proper City authorities shall subject the owner, operator or agent to the penalties provided in this Housing Code. If a change involves the addition of any dwelling units to the number of dwelling units previously authorized an additional fee of fifty (dollars $50.00) shall be charged for each additional dwelling and fifty dollars ($50.00) per occupancy for all buildings.
  7. Sale of Multiple Dwelling.  Before an owner enters into an agreement for the sale of a multiple dwelling, he shall exhibit to the prospective purchaser of such premises a copy of the certificate of occupancy for the premises being sold or evidence of the fact that such certificate of occupancy has been applied for during the current year.  As evidence of the owner's compliance with the requirements of this section, the owner shall obtain the signature and mailing address of such prospective purchaser or his agent on the certificate of occupancy for such premises or copy thereof or on the evidence of application for such certificate of occupancy together with the date of signing.  Notification of this change must then be filed with the Superintendent of Permits and Inspection at which time a new certificate will be issued to the new owner.

Section 1701.06 Requirements

  1. Leasing Restrictions for Residential Occupancy.  No owner, operator or agent shall rent, lease or offer for rental or lease any dwelling unit, dwelling structure or any part thereof which does not comply with the provisions of this Housing Code.
  2. Limitation on Occupancy of Dwelling Units.  The occupancy of any dwelling unit shall be limited to one and only one family.
  3. Requirements for Habitable Rooms; Habitable Floor Area.  Every dwelling unit shall conform to the following standards:
    1. No portion of any room which does not presently meet all of the requirements for habitable rooms under any section of this Housing Code shall be included in determining the habitable floor area of a dwelling unit.
    2. Every dwelling unit shall have not less than 250 square feet of habitable floor area and shall contain at least one room which shall have not less than 150 square feet of habitable floor area and which is not less than ten feet in width; provided further that no room used to compute compliance with such 250 square foot minimum limitation shall be less than seven feet in width nor have less than seventy square feet of habitable floor area.
    3. No portion of any room which is less than seven feet in width shall be included in determining habitable floor area.
    4. All habitable rooms shall have a clear ceiling height of not less than seven feet, provided that rooms with sloping ceilings shall have a clear ceiling height of not less than six feet, nine inches in at least one-half of their habitable floor area.  In determining the habitable  floor area of rooms with sloping ceilings, all portions of less than five feet in height shall be disregarded.
    5. Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant thereof and at least 100 additional square feet of habitable floor area for every additional occupant thereof, but in no case shall any dwelling unit contain less than 250 square feet of habitable floor area.
    6. The third floor area of a double house, two-family dwelling or a multi-family dwelling consisting of side-by-side dwelling units, sometimes known as row houses, shall be used to compute compliance with the requirements for minimum habitable floor area for a family occupying a dwelling unit in such double house, two-family dwelling or multi-family dwelling to the extent permitted by subsection (c)(6)A. hereof, but subject to the requirements and limitations of subsection (c)(6)B. hereof as follows:
      1. Stairways.
        1. Where there are two separate approved stairways from the third floor area to the ground floor of such building, seventy-five percent (75%) of the habitable floor area of the third floor shall be used to compute compliance with the requirements of minimum habitable floor area for a family occupying a dwelling unit in a double house or multi-family dwelling or occupying the second floor of a two-family dwelling.
        2. Where there is only one approved stairway from the third floor area to the ground floor of such building, fifty percent (50%) of the habitable floor area of the third floor shall be used to compute compliance with the requirements for minimum habitable floor area for a family occupying a dwelling unit in a double house or multi-family dwelling or occupying the second floor of a two-family dwelling.
        3. For the purpose of this subsection, an "approved stairway" means a stairway which satisfies the requirements of rules and regulations adopted pursuant to Section 1701.03(i).
      2. Third Floor Habitable Floor Area.
        1. No portion of the habitable floor area on the third floor shall be used to compute compliance with the requirements for minimum habitable floor area for a family occupying a dwelling unit on the first floor of a two-family dwelling.
        2. No portion of the floor area on the third floor used for storage purposes shall be included in determining the habitable floor area of such third floor.
        3. No portion of any room on the third floor which does not presently meet all the requirements for habitable rooms under any section of this Housing Code shall be included in determining the habitable floor area of such third floor.
        4. No portion of the habitable floor area on the third floor of any dwelling shall be used to compute compliance with the requirements for minimum habitable floor area for a family occupying a dwelling unit in such dwelling unless such family has the exclusive use, other than for storage purposes, of such third floor.
  4. Sleeping Room; Restrictions. Every room used for sleeping purposes shall contain not less than seventy square feet of habitable floor area if used for one occupant and not less than fifty square feet of habitable floor area per occupant if used by more than one occupant.This restriction shall not apply to single-family houses, in their instance not less than thirty square feet of habitable floor area per occupant, if used by more than one occupant, will be adequate.
  5. Habitable Room Restrictions Below Grade.  No room which has its floor level below grade shall be occupied as a habitable room unless it conforms to the following standards in addition to all other requirements of this Housing Code for habitable rooms:
    1. The room shall have been originally designed and constructed, or legally converted for use as a habitable room.
    2. The walls and floors enclosing the room shall be maintained in such condition as to prevent the entrance of moisture into the habitable space.
    3. All required openings for light and ventilation shall be located entirely above the average adjoining grade, provided however, that such openings may face upon an areaway or window well where the width of such well measured perpendicularly to the building wall at such opening is not less than the distance from the bottom of the window to the finished grade at such window.
    4. The height of the finished ceiling of such room above the average adjoining ground level shall be at least fifty percent (50%) of the clear ceiling height of the room.
  6. Required Window Area.  Every habitable room shall be provided with natural light by one or more windows facing upon an approved open space.  The aggregate glass area of such required windows shall be not less than ten percent (10%) of the habitable floor area of the room served by them.
  7. Required Ventilation Area.  Every habitable room shall be provided with natural ventilation by one or more openable windows or approved equivalent.  The aggregate openable area of such ventilation openings shall be not less than four percent (4%) of the habitable floor area of the room served by them.
  8. Kitchens, Bathrooms and Water Closet Compartments. Every kitchen, bathroom and water closet compartment shall be provided with light and ventilation as prescribed for habitable rooms, except that in no case shall the aggregate glass area in each room be less than three square feet.  However, where an approved exhaust ventilation system and approved artificial light is installed in such a manner as to be available at all times when any such room is occupied, no natural light or ventilation shall be required.
  9. Required Sanitary Facilities.
    1. Every dwelling unit shall be provided with not less than the following sanitary facilities contained within a room which shall afford privacy to any occupant thereof:
      1. A water closet.
      2. A bathtub or shower.
      3. A lavatory.
    2. Every dwelling unit shall be provided with at least one complete kitchen or kitchenette with approved cooking, refrigeration and sink facilities.  No such kitchen facilities shall be placed within any water closet compartment or within any bathroom.
  10. Communal Kitchens Prohibited.  Communal kitchens are prohibited.
  11. Water Heating Facilities and Plumbing Fixtures.
    1. Every dwelling unit shall be supplied with water heating facilities which are installed in an approved manner, properly maintained and properly connected with hot water lines to the fixtures required to be supplied with hot water under this section.  Such water heating facilities shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory, tub or shower at a temperature of not less than 120 degrees Fahrenheit under normal use.
    2. All plumbing fixtures in a dwelling structure shall be supplied with running water from the City water supply system, or the fixtures therein may be supplied with running water from an approved private water supply system.
    3. In kitchens, laundry rooms and bathrooms all sinks, lavatories, tubs and showers shall be supplied with hot and cold running water properly connected to plumbing fixtures.
    4. All plumbing fixtures in a dwelling structure shall be so designed and installed as to prevent contamination of the water supply system and shall be maintained structurally sound and in good repair.
    5. All plumbing fixtures in a dwelling structure shall be connected to a public sanitary sewer provided that where no public sanitary sewer is available within 150 feet of a structure, the fixtures therein may be connected on an approved private sewage disposal system.
  12. Rubbish and Garbage Disposal.
    1. Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in approved receptacles, or in any other approved rubbish disposal facilities.
    2. Every occupant of a dwelling unit shall dispose of all his garbage and other organic waste, which might provide food for insects and rodents, in a clean and sanitary manner by placing it in approved nonleakable, nonabsorbent, covered garbage storage receptacles or in other approved garbage disposal facilities.
    3. In every multiple dwelling the owner, operator or his agent shall be responsible for providing and maintaining suitable approved receptacles, incinerators or other conveniences for the disposal of rubbish, garbage, refuse or other waste matter.
  13. Heating Capacity.  Every dwelling unit shall be provided with approved heating facilities capable of maintaining an average temperature of sixty-eight degrees Fahrenheit in all habitable rooms, kitchens, bathrooms and water closet compartments when the outdoor temperature is minus five degrees Fahrenheit, without forcing the facilities to operate in excess of their design capacity.
  14. Supply of Heat.  The owner or operator in charge of a dwelling structure, who rents or leases any dwelling unit therein under an agreement, express or implied, to supply or furnish heat to the occupants thereof, shall supply heat adequate to maintain an inside temperature of not less than sixty-eight degrees Fahrenheit for the entire twenty-four hour period of each day in all habitable rooms, bathrooms, water closet compartments and kitchens whenever the outside temperature falls below fifty degrees Fahrenheit.  Such inside temperature shall be measured in the approximate center of each room approximately three feet above the floor.
  15. Flue Connections Required.  Every appliance or piece of equipment burning solid, liquid or gaseous fuel, where permitted, shall be connected to an approved smokepipe and flue, provided however, that any appliance approved for use without such connections is exempted from the requirements of this section.
  16. Prohibited Locations of Heating Equipment.  No heating equipment, including water heaters, which burn solid, liquid or gaseous fuel shall be located in any bedroom, bathroom, toilet room or any room used for sleeping purposes unless specifically approved for such use.
  17. Electrical Facilities Required.  Every dwelling structure and accessory building shall be provided with approved electrical service, outlets and fixtures which shall be installed and maintained so as to be free of any potential source of ignition of combustible material or any potential source of electrical hazard.  Such facilities shall be approved as being adequate to supply the requirements of lighting, appliances and equipment of the structure concerned. The following wiring requirements shall serve as the minimum standard for electrical wiring systems in existing one, two and three family residences.  It shall be understood that this "Residential Minimum Electrical Code" is to co exist with the National Electrical Code, but should any conflict, misunderstanding or disagreement result from this co-existence, the National Electrical Code shall rule and be the controlling code.
    1. Services.  Where a thirty ampere service exists in a residence, a 100 ampere service shall be installed to meet the minimum requirements of this Housing Code.  If the existing service is sixty ampere 220 volt and is in good condition, the service does not necessarily have to be changed provided the service satisfies the load and consists of less than six, two wire branch circuits.
    2. Installation method.  All work shall be done in a neat and workmanlike manner.
    3. Outlets.
      1. Bedrooms.
        1. Each bedroom shall contain at least two wall type duplex outlets located on opposite walls or as otherwise permitted by the local authority.
      2. Living, dining and family rooms.
        1. Each living room, dining room and family room shall have at least one wall type duplex outlet on each wall or as otherwise permitted by local authority.
      3. Kitchen.
        1. All kitchens shall have at least three convenience outlets, one of which shall be on a twenty ampere circuit.  Any new outlets installed within six feet of the kitchen sink shall be GFI protected.
      4. Bathroom.
        1. All bathrooms shall have one GFI protected duplex wall outlet.  Outlets integral with light fixtures must be GFI protected or disconnected.
      5. Laundry.
        1. When laundry facilities exist, a separate twenty ampere grounded circuit shall be provided for laundry receptacles.
    4. Furnace circuit.  A minimum of one fifteen ampere separate circuit shall be provided for the heating system when the system requires electric power.  No other load shall be connected to this circuit.  The heating system may include the furnace, humidifier and electronic air filter.
    5. Fuses.  All fuses shall be replaced with nontamperable type "S" fuses sized to branch circuit conductors.
    6. Lighting.  All lighting fixtures shall be installed on boxes or loom pans.  A switch controlled light fixture shall be installed in each habitable room, stairway, basement, attic, garage, bathroom and at all outdoor entrances or exits.  In habitable rooms, other than kitchens and bathrooms, a switch controlled outlet shall be permitted in lieu of a light fixture.
    7. Knob and tube wiring.  All knob and tube wiring shall have its original insulation integrity restored or be removed.  All splices must be made in boxes.
  18. Maintenance Responsibilities.
    1. The owner of every dwelling structure as defined herein shall be responsible for the maintenance thereof in good repair and safe condition as required by the terms of this Housing Code.  The owner shall also be responsible for maintaining in a clean and sanitary condition the shared or common areas of the premises.
    2. Occupant.  The occupant of a dwelling unit in any dwelling structure shall be responsible for maintaining in a clean and sanitary condition that part of the dwelling unit, dwelling structure or premises which he occupies and controls. In addition, such occupant shall be responsible for maintaining in good and safe working order the equipment and appliances which he owns.
  19. General Maintenance Requirements.
    1. All dwelling structures and all parts thereof, both exterior and interior, shall be maintained in good repair and shall be capable of performing the function for which such structure or part of any feature thereof was designed or intended to be used.
    2. All equipment and facilities appurtenant to a dwelling structure or dwelling unit shall be maintained in good and safe working order.
  20. Maintenance of Foundations.
    1. All foundations of every dwelling structure shall be maintained structurally sound and in good repair.
    2. All foundations of every dwelling structure shall be maintained in such condition as to prevent the accumulation of moisture within the space enclosed within such foundations.
    3. All openings into the foundation of every dwelling structure shall be protected against the entrance of rodents.
  21. Maintenance of Roofs, Gutters and Downspouts.  All roofs of every dwelling structure shall be maintained weathertight and shall be equipped with gutters and downspouts connected to a public storm sewer system.  If such storm sewer system is not available, this requirement shall be waived if all storm water is taken to the nearest dedicated street or an approved method is used.
  22. Maintenance of Exteriors of Dwelling Structures and Accessory Buildings.
    1. All exterior parts of every dwelling structure, including exterior walls, parapet walls, decorative additions, chimneys and all other exterior structures, either above or below the roof line, shall be maintained in a safe condition, weathertight and so as to resist decay or deterioration from any cause.
    2. Any dwelling structure or accessory building whose exterior surface is bare, deteriorated, ramshackle, tumble-down, decaying, disintegrating or in poor repair shall be repaired or razed.
      1. All buckled, rotted or decayed walls, doors, windows, porches, floors, steps, railings, trim and their missing members shall be replaced and put in good condition.
      2. All replacements shall match and conform to original design or be replaced completely.
      3. All exterior wood or exterior unfinished surfaces shall be sealed and painted or surface covered with other approved protective coating or treated to prevent rot and decay and conform and match the existing paint or surface covering the original design or replacement thereof.  All exterior walls and surfaces shall be properly protected against the weather where such are defective or lack weather protection, including lack of paint or surface covering or have weathered due to lack of proper protective covering.
    3. Any dwelling structure or secondary or appurtenant structure whose exterior surface is deteriorated, decaying, disintegrating  or whose exterior surface has weathered with dirt and grime or has been impaired through peeling or flaking of the paint or other protective coating shall be repaired or resurfaced or repainted.
      1. All exterior surfaces shall be replaced or repaired in good condition preparatory to repainting or coating.
      2. All bare exterior surfaces which are flaking or crumbling shall be replaced or sealed in a good and workmanlike manner.
      3. All new or repaired bare surfaces shall be painted or coated.
      4. All exterior surfaces weathered with dirt and grime or which are peeling or flaking shall be painted or covered with approved protective coating or surface.
        • Presentation of evidence that all exterior surfaces have, not more than five years prior to the date of inspection, been properly prepared and painted with at least one coat of good exterior paint or covered with other approved protective coating or surface shall be prima facie evidence of the exterior being in good condition.
  23. Maintenance of Interior Walls and Floors. 
    1. All interior walls and floors of every dwelling structure shall be maintained free of holes, large cracks and any loose or deteriorated material.
    2. All floors within every bathroom or water closet compartment of a dwelling structure shall be maintained water-resistant.
  24. Infestation by Pests.  All dwelling structures and the premises thereof shall be maintained free from sources of breeding, harborage and infestation by insects, vermin or rodents.
  25. Exterior Property Areas.  No owner or operator of any premises shall maintain or permit to be maintained at or on the exterior property areas of such premises any condition which deteriorates or debases the appearance of the neighborhood, or adversely alters the appearance and general character of the neighborhood, or creates a fire, safety or health hazard, or which is a public nuisance, including but not limited to the following:
    1. Broken or dilapidated fences, walls or other structures.
    2. Broken, uneven or improperly maintained walks or driveways.
    3. Out of use or nonusable appliances, dilapidated automobiles or automobile parts.
    4. Rugs, rags or other materials hung on lines or in other places on such premises, which materials are not being used for general household or housekeeping purposes; broken, dilapidated or unusable furniture, mattresses or other household furnishings; plastic materials, paints, miscellaneous coverings and/or any other materials, including those described in this section placed at or on the premises in such a manner as to be patently unsightly, grotesque or offensive to the senses.
  26. Access and Egress.  Every dwelling unit shall be provided with direct and approved means of access and egress to the outside of the dwelling structure without passing through any part of any other dwelling unit.  In multiple dwellings any door which is used in connection with such means of access and egress shall be provided with a lock which can be opened from the inside without the use of a key.
  27. Dwelling Units Created After the Effective Date of Code.  Access to every habitable room in a dwelling unit shall be provided without passing through a bedroom.

Section 1701.07 Fire Safety Requirements

  1. Access and Egress.  In multiple dwellings, every dwelling unit shall have direct access to a public stairway, hallway, corridor or other means of egress without passing through any other dwelling unit.
  2. Fire Protective Features.
    1. Every multiple dwelling shall be provided with fire protective features approved as being adequate for the protection of the occupants thereof.  The minimum requirements for such protection are as follows:
      1. Every public hallway, corridor, stairway, exit or other means of egress shall be protected against fire with construction, other than doors, having a fire resistance rating of not less than three-quarters of an hour and shall be kept clear and unobstructed at all times, so as to afford safe passage from each dwelling unit to open space at ground level.
      2. All doors into interior stairways shall be windowless, solid core, or approved equivalent, self-closing doors.  All doors used for egress into public hallways or corridors, other than into interior stairways, shall be windowless, solid core, or approved equivalent doors.
      3. The underside of any stairway located above a basement stairway or cellar stairway shall be protected by material having a fire resistance rating of not less than three-quarters of an hour.
      4. Basement or cellar stairways shall be separated from the first floor level by openings protected by self-closing doors having a fire resistance rating of not less than three-quarters of an hour.
      5. Every multiple dwelling containing more than two dwelling units on any floor, which dwelling units are served by an interior public stairway and hallway as a means of ingress and egress, shall have such stairway completely separated from such hallway by a fire resistive partition having a fire resistance rating of not less than three-quarters of an hour with the opening in such partition protected by a self-closing, windowless, solid core, or approved equivalent, door having a fire resistance rating of not less than three-quarters of an hour.
    2. Notwithstanding the foregoing provisions of subsection (b)(1) hereof, in existing buildings originally designed for multiple dwellings, the following construction shall be considered as meeting the requirements of subsection (b)(1) hereof:
      1. Well constructed lath and plaster construction shall be considered as meeting the requirements of subsection (b)(1)A. and C. hereof.
      2. Existing doors shall be considered as meeting the requirements of subsection (b)(1)B. hereof  if any plain glass in such doors is replaced with one-fourth inch wired glass or approved equivalent, if any doors, having a fire resistance rating less than that of a solid core door, are painted on both sides with an approved fire retarding paint and if, in the case of existing doors to interior stairways, such doors are also provided with self-closing devices.
      3. Existing windows or transoms shall be considered as meeting the requirements of subsection (b)(1)A. hereof if fixed and nonopenable and if any plain glass in such windows or transoms is replaced with one-fourth inch wired glass or approved equivalent.
    3. Whenever the use or occupancy of a building or structure, or part thereof, has been changed from the use or occupancy for which the building or structure was originally designed or intended to be used, the Superintendent of Permits and Inspection shall determine and establish the required fire protective features.  Such fire protective features shall conform with the provisions of subsection (b)(1) hereof.
  3. Other Uses in Dwelling Structures.  No other use shall be maintained in any dwelling structure unless such use is so located and arranged that it does not constitute a hazard to the residential occupants of the building, is provided with approved means of egress and ingress, and there exists or are provided approved toilet accommodations separate from those provided for the occupants residing in the building, and no such use shall be maintained unless a certificate of occupancy permitting such use has been issued by the Superintendent of Permits and Inspection.
  4. Lighting of Public or Common Areas in Multiple Dwellings.
    1. In every multiple dwelling, all public hallways, corridors and stairways shall be provided at all times with natural or artificial illumination equal to at least three foot-candles on every part of such area.
    2. All other common areas, such as boiler rooms, laundries, basements, locker rooms, meter rooms and cellars, shall be provided electrical lighting facilities which when lighted, will provide illumination equal to at least three foot-candles on every part of such area.
    3. The Superintendent of Permits and Inspection shall have the authority to increase the requirements of subsections (d)(1) and (2) hereof if the degree of reflected light is not, in his opinion, adequate for safety.
  5. Identification of Dwelling Units.  Each dwelling unit must be identified with permanent numerals or letters placed on the front entrance of such dwelling unit.

Section 1701.08 Janitor, Custodian, Or Agent Required (Multiple Dwelling)

In any multiple dwelling in which the owner thereof does not reside, there shall be designated by the owner, a janitor, custodian, agent, operator or other responsible person who shall be considered the resident agent and who may reside in such multiple dwelling and have charge of the same, provided however, that where there exists two or more such multiple dwellings on one parcel of land or upon two or more continuous parcels of land, one janitor, custodian, agent or operator residing in any one of such multiple dwellings may serve as janitor, custodian, agent or operator for all such multiple dwellings.

Section 1701.09 Rooming Houses

  1. Code Application and Licensing. This Housing Code shall be applicable to rooming houses which shall be licensed by the City.
  2. Sanitary Facilities. Effective immediately, a rooming house shall have one complete bath or shower and toilet for each four available rooms and in the event it is occupied by occupants of both sexes, separate sanitary facilities shall be provided with the same regulations applicable.
  3. Resident Manager or Housekeeper.  A rooming house shall have a resident manager and/or housekeeper who resides in such rooming house.

Section 1701.10 Portable Temporary Units

  1. For purposes of this section, "portable temporary storage unit" shall mean any container, storage unit, or like container designed for temporary storage of personal property and transported to the property and left on-site.  Such unit is located outside an enclosed building and is not an approved accessory building or shed.
  2. A portable temporary storage unit permit shall be required whenever a portable temporary storage unit is placed on residential property for every fifteen (15) days or portion thereof, for a maximum period of thirty (30) days.  The permit shall be displayed either on the front exterior surface of the unit in a plastic liner or in the front window of the residence.  No more than one sign, having a maximum area no greater than permitted for temporary signs, shall be displayed on any portable temporary storage container.     
  3. If the portable temporary storage unit is being used to store personal property as a result of a major calamity at the property (e.g., fire, flood, or other event where there is significant property damage), the time period may be extended by the Superintendent of Permits and Inspection for good cause shown.
  4. Portable temporary storage units shall be located behind the minimum front yard setback line of the lot placed upon and shall comply with all minimum side and rear yard setback regulations.  The unit shall be placed on a driveway or on an improved hard surface such as asphalt, concrete, or gravel and between the front property line and the rear building line of the principal structure on the owner's property.
  5. The placement of any portable temporary storage unit shall be in such a manner as not to create a public nuisance, obstruct or hinder public or private traffic, shall not be located in any required open space, landscaped area, on any street or sidewalk or in any public right-of-way or utility easement, in any location that interferes with vehicular or pedestrian circulation, in any required off-street parking space, in any location that restricts safe ingress or egress of buildings, in any location that hinders access to fire hydrants or utility shut-off valves, or in any location that obstructs a clear sight triangle or clear sight distance. The portable temporary storage unit shall not encroach on City property, neighboring property, or be placed in the street.
  6. The maximum size of any portable temporary storage unit shall not exceed eight (8) feet in width, eight (8) feet in height, and sixteen (16) feet in length.  The maximum number of portable temporary storage units that can be placed on a single residential property site at one time is one (1) unless a prior written exemption is secured from the Superintendent of Permits and Inspection.
  7. All portable temporary storage units shall be free of rust, peeling paint, graffiti, other visible forms of deterioration, and shall be maintained in good condition.
  8. No portable temporary storage unit shall be used as a dwelling unit, or to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for property other than at the residential property where the unit is located (i.e. used for retail sales), or any other illegal or hazardous material. Upon reasonable notice to the responsible party, the City may inspect the contents of any portable temporary storage unit at any reasonable time to ensure that it is not being used to store said materials. At no time shall a portable temporary storage unit be used for any of these purposes.

Section 1701.99 Penalty

Whoever violates any provision of this Housing Code or any rule or regulation promulgated thereunder or fails to comply therewith or with any written notice or written order issued thereunder, or refuses to permit lawful entry by the Superintendent of Permits and Inspection or other City department heads or their representatives or interferes with, obstructs or hinders such Superintendent of Permits and Inspection, other City department heads or their representatives while attempting to make such inspection is guilty of a misdemeanor of the first degree for each offense.  Each day such violation occurs or continues shall constitute a separate offense.