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PART THREE — LAND USE CODE — HOUSING CODE

Title IX — Housing Code

Chapter 369 — Residential Occupancy Standards

Complete to June 30, 2009

CROSS REFERENCES

Power to regulate sanitary condition of buildings, RC 715.26(A), 715.29

Collection and disposal of garbage, RC 715.43

Habitable room defined, CO 363.07

Condemned defined, CO 363.29

Notice of violation; vacation and demolition of premises, CO 367.04 et seq.

Rental dwelling standards, CO Ch 371

Rooming occupancy standards, CO Ch 373

Property owner to maintain premises free of litter, CO 613.14

369.01     Requirements for Habitable Rooms

Every dwelling unit shall conform to the following standards:

(a) Every dwelling unit shall contain at least one room which shall have not less than 120 square feet of habitable floor area. However, any room used for both living and cooking, or both living and sleeping, or for living, cooking and sleeping purposes shall have not less than 150 square feet of habitable floor area.

(b) No portion of any room which is less than seven feet in width shall be included in determining habitable floor area.

(c) All habitable rooms shall have a clear ceiling height of not less than six feet, nine inches, 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.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

369.02     Restrictions for Habitable Rooms 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, except that no cellar space shall be used as a habitable room or a dwelling unit:

(a) The rooms shall have been designed and constructed, or legally converted to use as a habitable room.

(b) The walls and floor enclosing the room shall be maintained in such condition as to prevent the entrance of moisture into the habitable space.

(c) All required openings for light and ventilation shall be located entirely above the average adjoining grade. However, such openings may face upon an areaway or window well where the width of such well is not less than the distance from the bottom of the window to the finished grade at such window.

(d) The distance from the finished ceiling of such room to the average adjoining finished grade shall not be less than three feet, four inches.
(Ord. No. 68-A-67. Passed 4-3-67, eff. 4-5-67)

369.03     Required Window Area

Every habitable room shall be provided with natural light by one or more windows or approved equivalent facing upon an adequate open space. The aggregate glass area of such required windows shall not be less than ten percent of the habitable floor area of the rooms served by them.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

369.04     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 of the habitable floor area of the room served by them.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

369.05     Kitchens, Bathrooms, Water Closet and Urinal Compartments

Every kitchen, bathroom, water closet and urinal 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 adequate artificial light are installed in such a manner as to be in operation at all times when any such room is occupied, no natural light or ventilation shall be required.
(Ord. No. 68-A-67. Passed 4-3-67, eff. 4-5-67)

369.06     Required Sanitary Facilities

(a) 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.

(b) Every dwelling unit shall be provided with a kitchen sink, installed in connection with the main cooking facilities of the dwelling unit. No such kitchen sink shall be placed within any water closet compartment or within any bathroom containing a water closet.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

369.07     Connection of Fixtures

(a) All plumbing fixtures in a dwelling structure shall be supplied with running water from the Municipal water supply system.

(b) Every dwelling unit shall have an adequate supply of running hot water properly connected to all plumbing fixtures requiring hot water.

(c) All plumbing fixtures in a dwelling structure shall be so designed and installed as to prevent contamination of the water supply system.

(d) 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 200 feet of a structure, the fixtures therein may be connected to an approved private sewage disposal system.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

369.08     Rubbish and Garbage Disposal

(a) 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 other approved rubbish disposal facilities.

(b) 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, garbage storage receptacles or in other approved garbage disposal facilities.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

369.09     Heating Facilities Required

Every dwelling unit shall be provided with approved heating facilities capable of maintaining an average temperature of seventy degrees Fahrenheit (70° F) in all habitable rooms, bathrooms and water closet compartments when the outdoor temperature is minus five degrees Fahrenheit (-5° F), without forcing the facilities to operate in excess of their design capacity.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

369.10     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. However, any appliance approved for use without such connections is exempted from the requirements of this section.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

369.11     Prohibited Locations of Heating Equipment

No heating equipment, including water heaters, which burns 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.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

369.12     Electrical Facilities Required

Every dwelling unit shall be provided with 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 adequate to supply the requirements of lighting, appliances and equipment of the dwelling unit concerned.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

369.13     General Maintenance Requirements

(a) 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.

(b) All equipment and facilities appurtenant to a dwelling structure or dwelling unit shall be maintained in good and safe working order.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

369.14     Maintenance of Foundations

(a) All foundations of every dwelling structure shall be maintained structurally sound and in good repair.

(b) 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.

(c) All openings into the foundations of every dwelling structure shall be protected against the entrance of rodents.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

369.15     Maintenance of Exterior Walls and Roof

(a) All exterior walls of every dwelling, secondary and appurtenant structure shall be maintained weathertight and shall be maintained so as to resist decay or deterioration from any cause.

In order to insure maintenance of weathertight exterior walls resistant to decay or deterioration, all such walls shall be painted periodically or otherwise protected in the manner prescribed by regulations adopted as provided in Section 367.10, and in full compliance with such regulations.

(b) All roofs of every dwelling structure shall be maintained weathertight, devoid of leaks and shall be equipped with gutter and downspouts connected to a public storm sewer or combined storm and sanitary sewer.
(Ord. No. 68-A-67. Passed 4-3-67, eff. 4-5-67)

369.16     Maintenance of Interior Walls and Floors

(a) All interior walls and floors of every dwelling structure shall be maintained free of holes, large cracks and any loose or deteriorated material.

(b) All floors within every bathroom or water closet compartment of a dwelling structure shall be maintained water-resistant.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

369.17     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.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

369.18     Exterior Property Areas

Exterior property areas of all residential premises shall be kept free of any object, material or condition which may create a health, accident or fire hazard, or which is a public nuisance.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

369.19     Secondary or Appurtenant Structures

All secondary or appurtenant structures on residential premises such as sheds, barns, garages, fences, etc., shall either be maintained in good repair and free from health, accident and fire hazards or shall be removed from the premises. The roofs thereof shall be equipped with gutters and downspouts connected to a public storm sewer or combined storm and sanitary sewer, excepting, however, that if the roof area served by a specific downspout does not exceed 600 square feet, measured horizontally, and the drainage does not cause excessive erosion or water damage, or does not create a nuisance on public or private property, this requirement shall be waived.
(Ord. No. 68-A-67. Passed 4-3-67, eff. 4-5-67)

369.20     Access and Egress

In a dwelling structure, access to every dwelling unit shall be provided without passing through any part of any other dwelling unit.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

369.21     Condemnation of Premises; Conditions and Notice

(a) Any dwelling, dwelling unit, building or structure determined by the Commissioner of Housing to have any of the following defects shall be condemned as unfit for human habitation:

(1) One which is so damaged, decayed, dilapidated, insanitary, unsafe or vermin-infected that it creates a hazard to the health, welfare or safety of the occupants or of the public;

(2) One which lacks illumination, ventilation or sanitary facilities adequate to protect the health or welfare of the occupants or of the public; or

(3) One which, because of its general condition or location is insanitary or otherwise dangerous to the health, safety or welfare of the occupants or of the public.

(b) Notice of such condemnation and placarding the condemned dwelling, dwelling unit, building or structure shall be accomplished as provided in this Housing Code.
(Ord. No. 68-A-67. Passed 4-3-67, eff. 4-5-67)

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