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PART THREE — LAND USE CODE — HOUSING CODE

Title IX — Housing Code

Chapter 371 — Rental Dwelling Standards

Complete to June 30, 2009

CROSS REFERENCES

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

Power to regulate elevators, stairways and fire escapes, RC 715.26(D)

Collection and disposal of garbage, RC 715.43

Dwelling unit defined, CO 363.05

Certificate of occupancy required, CO Ch 365

Residential occupancy standards, CO Ch 369

Rooming occupancy standards, CO Ch 373

371.01     Restrictions on Leasing for Residential Occupancy

An owner, operator or agent shall not rent, lease or offer for rental or lease for residential occupancy any dwelling units, dwelling structures or any part of a dwelling unit or dwelling structure that does not comply with the standards for residential occupancy in Chapter 240 of the Health Code, including the requirements in Section 240.06 regarding disclosures in the lease of target housing regarding lead hazards and Chapters 365, 369, and 371 of the Housing Code.
(Ord. No. 1027-04. Passed 8-11-04, eff. 8-17-04)

371.02     Access and Egress

Every dwelling unit leased or rented for residential purposes shall have direct access to a public stairway, hallway, corridor or other means of egress without passing through any other dwelling unit, provided that where a structure contains more than six rooms or more than three dwelling units above the first story, the Commissioner of Housing shall require such additional means of egress as shall be needed for the safety of the occupants of such structure. Every public hallway, corridor, stairway, exit or other means of egress shall be protected against fire with construction having a required fire resistance rating 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.
(Ord. No. 68-A-67. Passed 4-3-67, eff. 4-5-67)

371.03     Minimum Requirements for Fire-Protective Features

Every dwelling structure containing three or more dwelling units shall be provided with such fire-protective features as may be required for the adequate protection of the occupants thereof. The minimum requirements for such protection are as follows:

(a) All openings into interior stairways used as a means of egress shall be protected by self-closing doors having approved fire resistance, and such stairways shall be enclosed by partitions having approved fire resistance.

(b) No plain glass shall be used in any door, window or transom opening upon a public or common hallway from a dwelling unit or other private space. All such transoms shall be fixed or otherwise made nonopenable, and any existing plain glass in such doors, windows or transoms shall be replaced with wired glass or an approved equivalent, or covered with an approved material.

(c) Whenever the use or occupancy of the building or structure has been changed from the use or occupancy for which the building or structure was originally erected, every door leading from a public or common hallway to a dwelling unit or other private space shall be made self-closing.

(d) 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-fourths hour.

(e) Basement or cellar stairways shall be separated from the first floor level by openings protected by self-closing doors having approved fire resistance.
(Ord. No. 68-A-67. Passed 4-3-67, eff. 4-5-67)

371.04     Restrictions on 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 adequate means of egress and ingress and there exists or are provided adequate toilet accommodations separate from those provided for the occupants residing in the building. No such use shall be maintained unless a certificate of occupancy permitting such use has been issued by the Commissioner of Housing.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

371.05     Lighting of Public Hallways and Common Areas

In every dwelling structure, all public hallways, corridors and stairways shall be provided at all times with required illumination for the safe usage thereof, and all other common areas, such as boiler rooms, laundry, basements, cellars, locker rooms and meter rooms, shall be provided with electrical lighting facilities, which when lighted, provide required illumination for the safe usage thereof.
(Ord. No. 68-A-67. Passed 4-3-67, eff. 4-5-67)

371.06     Restrictions on Sleeping Rooms

Every room rented or leased to be used for sleeping purposes, whether separately or as part of a dwelling unit, 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 additional habitable floor areas per occupant if used by more than one occupant.
(Ord. No. 68-A-67. Passed 4-3-67, eff. 4-5-67)

371.07     Rubbish and Garbage Disposal Facilities

(a) In every dwelling structure, 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. However, in a dwelling structure containing not more than two dwelling units, the occupant of each dwelling unit shall provide himself with such receptacles, incinerators or other conveniences.

(b) Every occupant of a dwelling structure shall dispose of his garbage, rubbish or any other waste in a clean and sanitary manner by placing it in the facilities required herein.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

371.08     Communal Kitchens

Communal kitchens are prohibited.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

371.09     Requirements for Janitor, Custodian or Agent

(a) In any multiple dwelling structure in which the owner thereof does not reside, there shall be designated by the owner, a janitor, custodian, agent or other responsible person who shall reside in the structure and have charge of the same. However, where there exist two or more such dwelling structures on one parcel of land or upon two or more contiguous parcels of land, one janitor, custodian or agent residing in any one of the dwelling structures may serve as janitor, custodian or agent for all of the dwelling structures.

(b) The janitor, custodian or agent shall be available, at reasonable hours, to the Commissioner of Housing and to the tenant of the dwelling unit. A schedule showing the name, location and hours the janitor, custodian or agent is available shall be posted conspicuously at the main entrance of such structure.

(c) The janitor, custodian or agent shall maintain the common areas in a safe and sanitary manner.
(Ord. No. 2267-68. Passed 2-17-69, eff. 2-29-69)

371.10     Sanitation Responsibilities of Owner and Occupant

(a) Owner. The owner of every dwelling structure or premises rented or leased for residential occupancy or his appointed agent, shall be responsible for maintaining in a clean and sanitary condition the shared or common areas thereof.

(b) Occupant. The occupant of a dwelling unit 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.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

371.11     Required Heating Capacity

The owner, operator or agent 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 seventy degrees Fahrenheit (70° F) in all habitable rooms, bathrooms and toilet rooms whenever the outside temperature falls below fifty degrees Fahrenheit (50° F). The provisions of this section shall not apply where the failure to meet minimum standards is caused by a general shortage of fuel, a negligent or malicious act of the occupant or any cause beyond the control of the owner or occupant.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

371.12     Floor Space Required

Every dwelling unit shall contain at least 150 square feet of habitable floor space for its first occupant, and at least 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area. A child under one year of age is exempt from this section.
(Ord. No. 68-A-67. Passed 4-3-67, eff. 4-5-67)

371.13     Identification of Dwelling Units

Each dwelling unit must be identified with permanent numerals or letters placed on the front entrance of such dwelling unit.
(Ord. No. 68-A-67. Passed 4-3-67, eff. 4-5-67)

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