Standards for dwellings generally

No person shall occupy or let to another for occupancy or offer to let to another for occupancy any dwelling or dwelling unit which does not comply with the following standards:

(1)

Sanitary facilities.

a.

Kitchen sink. Every dwelling unit shall contain a kitchen sink in good working condition connected to a water and sewer system in accordance with the requirements of the building code.

b.

Water closet. Every dwelling unit shall contain within its walls a room separate from the habitable rooms which affords privacy and which is equipped with a water closet.

c.

Bathtub or shower. Every dwelling unit shall contain a room which affords privacy to a person in the room and which is equipped with a bathtub or shower.

d.

Lavatory. Every dwelling unit shall contain a lavatory in close proximity to each water closet installed which shall be in good condition.

e.

Connection to hot, cold water lines. Every kitchen sink, lavatory basin and bathtub or shower required under the provisions of subsections (1)a., b., c. and d. shall be connected with both hot and cold water lines and installed in accordance with the requirements of the building code.

f.

Garbage disposal facilities. Every dwelling unit shall have approved garbage disposal facilities or approved garbage storage containers.

g.

Water heating facilities. Every dwelling shall be supplied with water heating facilities which are capable of heating water to such a temperature as to permit hot water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than one hundred twenty (120) degrees Fahrenheit.

(2)

Heating facilities. Every dwelling unit shall be equipped with permanent heating equipment which shall be capable of safely and adequately heating the room temperature to seventy (70) degrees three (3) feet above the floor under ordinary minimum winter conditions in all of the habitable rooms.

a.

Permanent heating equipment, if electric, must be permanently installed and connected to the electric circuits.

b.

Permanent heating equipment, if fuel fired, shall be properly connected to a flue or vent except as follows:

1.

Appliances listed for unvented uses by Underwriters' Laboratories, Inc. and the American Gas Association do not require vents;

2.

When the total input rating is less than thirty (30) BTU per hour per cubic foot of room area to be heated or less than a maximum of forty thousand (40,000) BTU.

c.

At no time shall an unvented fuel-fired heater of any type be installed or used in any bedroom or other habitable room used at any time for sleeping purposes, and a fuel-fired heater cannot be installed or used in any room normally kept closed, such as a bathroom.

d.

At no time shall any unvented fuel-fired heater be installed or used in any multifamily dwelling.

e.

No appliance which has been converted from a vented to an unvented heater shall be used under any conditions.

f.

No unvented fuel-fired heater may be used in any location which does not provide facilities for ventilation to permit satisfactory combustion of fuel under normal conditions of operation.

g.

All unvented fuel-fired heaters (gas, oil, etc.) installed or used for domestic heating systems shall comply with applicable national standard requirements covering safe operation, substantial and durable construction and acceptable performance. Such compliance shall be determined by the presence of a label of a nationally recognized testing agency which states that its design complies with national safety requirements.

(3)

Smoke detection. Smoke detectors which are approved by Underwriters' Laboratories, Inc., are required in each dwelling unit. The number and placement of smoke detectors shall conform to the manufacturer's specifications or to NFPA 74, "Standard for the Installation, Maintenance and Use of Household Fire Warning Equipment."

(4)

Light and ventilation.

a.

Minimum window areas. Every habitable room shall have at least one (1) window or skylight facing directly to the outdoors with a minimum total window area measured between stops of ten (10) percent of the floor area of each such room; provided that kitchens and dining rooms may be windowless if artificial lighting or other equal illumination is provided. Windows which face walls or other light-obstructing structures located less than five (5) feet from the window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such a room, the total window area of such skylight shall equal at least fifteen (15) percent of the total floor area of such room.

b.

Openable window area, other ventilation. Every habitable room shall have at least one (1) window or skylight which can easily be opened or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least forty-five (45) percent of the minimum window area, except where there is an approved device installed which shall provide at least one (1) complete change of air every four (4) minutes at an air velocity not exceeding six hundred (600) feet per minute.

c.

Bathrooms. Every bathroom shall comply with the light and ventilation requirements for habitable rooms, except that no window or skylight shall be required in bathrooms equipped with an approved ventilation system which provides at least one (1) complete change of air every six (6) minutes and operates continuously when the bathroom is in use.

(5)

Standards for basic electrical facilities.

a.

General requirements. Every dwelling shall be wired for electric lights and convenience receptacles. Every habitable room of such dwelling shall contain at least two (2) separate floor or wall-type electrical convenience outlets. Every kitchen, bathroom, bedroom, laundry room, furnace room, corridor, hallway and porch shall contain at least one (1) ceiling- or wall-type electric light fixture which can be controlled by a wall switch. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition and shall be connected to an approved source of electric power in a safe manner. Compliance with the requirements of the following table shall be sufficient: EXPAND Area Floor or wall-type electric convenience outlets Ceiling-type or wall-type fixture Wall switch Bedroom 1 1 yes Kitchen 2 1 yes Bathroom — 1 yes Corridor or hallway — 1 yes Porches — yes Living room 2 1 1 Dining room 2 1 1 Florida room 2 1 1 Laundry room 2 1 yes Furnace room 2 1 yes Other habitable rooms 2 — —

b.

Location of switches, receptacles in bathrooms. Switches and electrical receptacles in bathrooms shall be at least three (3) feet from tub or shower.

c.

Maintenance. All fixtures, receptacles, equipment and wiring shall be maintained in a state of good working condition and capable of being used and connected to the source of electric power.

1.

Where the determination is made, upon examination of the existing electrical service supply, that the electrical service supply is obsolete or is being used in such manner as would constitute a hazard to the occupants or would otherwise constitute a hazard to life and property, such as, but not limited to, overloading of circuits, unsafe wiring or inadequate wiring, then such conditions shall be corrected by the owner or occupant in a manner consistent with the reasonable recommendations of the neighborhood improvement manager and in strict adherence to the electrical code.

2.

The minimum capacity of the service supply and the main disconnect switch shall be sufficient to adequately carry the total load required in accordance with the electrical code.

d.

Bathroom water heaters. No electric water heater shall be allowed in any bathroom unless the water heater and all electrical connections are totally encased in a nonconducting material or the water heater is installed in such a manner as to avoid any probability of shock hazard.

(6)

Lighting public halls. Every public hall and stairway in every multiple dwelling containing five (5) or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four (4) dwelling units may be supplied with conveniently located light switches controlling an adequately lighted system, which may be turned on when needed instead of full-time lighting. Adequate lighting for the purpose of this subsection shall mean not less than one (1) foot candles, measured at any point on the floor of a hall or on a stairway.

(7)

Protection against mosquitoes, insects. Every door opening directly to outdoors from a dwelling unit used or intended to be used for ventilation shall be supplied screens and a self-closing device as protection against mosquitoes, flies and other insects. Every window and other device with openings to outdoor space used or intended to be used for ventilation shall likewise be supplied with screens with removable frames. The screen wire installed on every screen door or on every window screen shall be of at least eighteen (18) by fourteen (14) mesh. Openings on existing screen doors and windows shall not exceed sixteen (16) mesh. Dwellings and dwelling units containing central heating furnaces and air-conditioning equipment for mechanically ventilating the structure year-round shall not be required to have screens on door or window openings. Window-type air-conditioning units shall not qualify dwellings or dwelling units for the exception eliminating the screen requirements.

(8)

Rodent control. Every basement or cellar window used or intended to be used for ventilation and every other opening affording an entry for rodents shall be provided with a screen or other barrier.

(9)

Space requirements.

a.

Minimum total floor area. Every dwelling unit shall contain a habitable room area of at least one hundred fifty (150) square feet of floor area for the first occupant and at least one hundred (100) additional square feet of floor area for every additional occupant.

1.

In every dwelling unit of two (2) or more rooms, every room occupied for sleeping purposes by one (1) occupant shall contain at least seventy (70) square feet of floor space, and every room occupied for sleeping purposes by more than one (1) occupant shall contain at least fifty (50) square feet of floor space for each occupant thereof.

2.

Every dwelling unit shall have at least one (1) bathroom containing at least thirty-five (35) square feet of floor space.

b.

Ceiling height. Habitable (space) rooms other than kitchens, storage rooms and laundry rooms shall have a ceiling height of not less than seven (7) feet. Hallways, corridors, bathrooms, water closet rooms and kitchens shall have a ceiling height of not less than seven (7) feet, measured to the lowest projection from the ceiling. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required for only one-half the area thereof. No portion of the room measuring less than five (5) feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof.

c.

Cellar space. No cellar space shall be used as a habitable room or dwelling unit.

d.

Basement space. No basement space shall be used as habitable room or dwelling unit unless:

1.

The floor and walls are impervious to leakage or underground and surface water runoff and are insulated against dampness.

2.

The total of window area in each room is equal to at least the minimum window area sizes as required by this section.

3.

The required minimum window area is located entirely above the grade of the ground adjoining such window area.

4.

The total of openable window area in each room is equal to at least the minimum as required by this section, except where there is supplied a mechanical device to provide adequate ventilation of at least one (1) complete change of air in the room or dwelling unit each four (4) minutes at an air velocity not exceeding six hundred (600) feet per minute.

e.

Kitchen storage space. Every dwelling unit shall have a minimum of twenty-four (24) square feet of total shelving in wall and base cabinets for storage of cooking utensils. Usable storage shelving in a cooking range or under a sink may be included in meeting this requirement.

f.

Closets. Every dwelling unit shall have a minimum of twelve (12) square feet of floor area of closet space for the first bedroom, and six (6) square feet of floor area of closet space for each additional bedroom. Kitchen closet space shall not be considered as space meeting this requirement. Clothes closets shall have a shelf and rod.

(10)

Floors, walls and ceilings. Every floor, wall and ceiling shall be capable of affording privacy and shall be maintained in a good state of repair. In addition, exterior floors, walls and ceilings shall be weather tight.

(11)

Windows, doors and hatchways. Every window, exterior door and basement hatchway shall be reasonably weather tight, maintained without cracks or holes and in a good state of repair. All windows intended for ventilation must be equipped with fully operable hardware.

(12)

Stairs, porches and appurtenances. Every inside and outside stair, every porch and every appurtenance thereto shall be so constructed as to meet the requirements of the building code and shall be kept in a good state of repair. No stair riser shall exceed eight (8) inches and no stair tread shall be less than nine (9) inches. Protective railings or handrails shall be required on any unenclosed structure over three (3) feet from the ground level and on every interior or exterior stair and stairwell more than four (4) risers high and shall be located in accordance with the requirements of the building code. Handrails or protective railings shall be capable of bearing normal imposed loads and shall be maintained in good condition. No ladders shall be permitted, except spiral staircases.

a.

Guardrails generally. All unenclosed floor and roof openings, open and glazed sides of landings and ramps, balconies or porches which are more than thirty (30) inches (762 mm) above finished ground level or a floor below shall be protected by a guardrail. Guardrails shall form a vertical protective barrier not less than forty-two (42) inches (1067 mm) high. Open guardrails shall have intermediate rails or ornamental pattern such that a six-inch (152 mm) diameter sphere cannot pass through any opening. A bottom rail or curb shall be provided that will reject the passage of a two-inch (51 mm) diameter sphere. Construction of guardrails shall be adequate in strength, durability and attachment for their purpose as described in Chapter 5.

EXCEPTIONS:

1.

Guardrails are not required on the loading side of loading docks.

b.

Guardrails for residential dwellings.

1.

Guardrails for dwellings and within individual dwelling units or guest rooms shall be a minimum of thirty-six (36) inches (914 mm) high.

2.

For one and two-family dwellings, only one intermediate rail located between fourteen (14) and eighteen (18) inches (356 mm and 457 mm) above floor level shall be required between the top of the guardrail and the floor level of boat docks, piers, landings, decks on beach fronts and dune walkovers, providing the floor or deck level is not more than six (6) feet (1826 mm) above the mean high water level or average grade of the beach, dune or ground below. No guardrail shall be required on that portion of a boat dock used for docking a boat.

3.

A bottom rail or curb is not required on guardrails within dwellings or dwelling units.

(13)

Plumbing fixtures and pipes. Every plumbing fixture and water and waste pipe shall be maintained in good working condition, free from defects, leaks and obstructions.

(14)

Floors.

a.

Kitchen and bathroom floors. Floors in kitchens and bathrooms, except where constructed of materials impervious to moisture, shall be covered with asphalt, vinyl-plastic, rubber tile, ceramic tile, terrazzo or linoleum or other durable, waterproof, nonabsorptive material.

b.

Flooring generally. All other flooring throughout the dwelling shall be of approved grade and type of material properly installed.

(15)

Protection of structures.

a.

Paint, etc. The exterior of all structures, including accessory buildings and fences, shall be protected from the elements by the application of paint or other approved protective material and shall be maintained in a good state of repair. All paint and other approved protective materials shall be applied in accordance with the manufacturer's specifications.

b.

Roof covering. Roofs shall have a suitable covering free of holes, cracks or excessively worn surfaces, which will prevent the entrance of moisture into the structure and provide reasonable durability. Metal roofs showing signs of corrosion shall be painted with an approved product applied in accordance with the manufacturer's specifications or protected in an approved manner. Gutters and downspouts, where in existence, shall be maintained in a good state of repair.

c.

Maintenance. All structures, accessory structures, appurtenances and fences shall be free of deterioration and maintained in a good state of repair and such that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the neighborhood.

(16)

Supplied facilities.

a.

Construction and installation. Every supplied facility, piece of equipment or utility which is required or provided shall be so constructed or installed that it will function safely and effectively and shall be maintained in good working condition.

b.

Removal, interruption of service. The removal or interruption of service of a supplied facility which is required shall not be permitted, except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during temporary emergencies when discontinuance of service is approved by the neighborhood improvement manager. In all cases the occupant must be given reasonable notice of the impending interruption. The foregoing does not apply to public utilities which discontinue service for nonpayment of charges for utility services.

(17)

General condition of rental unit. Each dwelling unit let or offered to let shall be clean, sanitary, fit for human habitation and in a good state of repair.

(18)

Public areas to be clean, sanitary. The shared or public areas of every dwelling containing two (2) or more dwelling units shall be maintained in a clean and sanitary condition, free of pests and termite infestation.

(Ord. No. 89-269, § 2(48-171), 10-12-89; Ord. No. 90-124, § 2(48-171), 5-17-90; Ord. No. 96-204, § 33, 9-26-96)