DIVISION 7. - STANDARDS GENERALLY

Sec. 34-186. - Sanitary facilities, plumbing and drainage.#

(a)

Compliance. No person shall occupy as owner-occupant or permit to be occupied by another any dwelling or dwelling unit which does not comply with the requirements of this section.

(b)

Kitchen sink. Every dwelling unit shall be supplied with a kitchen sink located in the kitchen or adjacent kitchen pantry and properly connected to an approved water supply and sewage system, all in good working condition.

(c)

Flush toilet; lavatory basin. Every dwelling unit shall be supplied within the dwelling unit with a room or compartment which affords privacy to a person therein and which shall be equipped with an approved flush toilet and a lavatory basin properly connected to an approved water supply and sewage system all in good working condition.

(d)

Bathtub; shower bath. Every dwelling unit shall have supplied within the dwelling unit a room or compartment which affords privacy to a person therein and which shall be equipped with a bathtub or shower bath properly connected to an approved water supply and sewage system all in good working condition.

(e)

Hot water. Every kitchen sink, lavatory basin, and bathtub or shower bath required under the provisions of subsections (b), (c) and (d) of this section shall be properly connected to hot and cold waterlines.

(f)

Impervious flooring. The floor surface of every bathroom and toilet room or compartment shall be constructed of material impervious to water. If the floor surface is constructed of material not impervious to water, it shall be covered with fitted linoleum or painted or varnished so as to make the floor surface reasonably impervious to water. All such floors shall be kept in a dry, clean and sanitary condition by the occupant.

(g)

Grading; drainage. The grading and draining of dwelling premises shall reasonably be such that no water shall be allowed to seep into any basement or cellar, or to accumulate or become stagnant therein or on the premises. No roof, surface or sanitary drainage shall create a structural, safety or health hazard by reason of construction, maintenance or manner of discharge.

(h)

Solid waste and recycling storage and disposal facilities. Every dwelling shall have adequate and separate solid waste and recycling storage and disposal facilities and/or containers and must comply with the following regulations:

(1)

All solid waste and recycling storage and disposal facilities must be covered.

(2)

All solid waste and recycling containers stored outside must have lids or covers.

(3)

No solid waste and recycling storage and disposal facility and no containers shall be stored in any front yard or minimum side yard.

(Code 1986, § 10-141; Ch. 975, § 1, 1-22-2013)

Sec. 34-187. - Heating; refrigeration equipment.#

(a)

Compliance. No person shall occupy as owner-occupant or permit to be occupied by another any dwelling or dwelling unit which does not comply with the requirements of this section.

(b)

Heating facilities. Every dwelling and dwelling unit occupied between October 1 and May 1 shall be supplied with adequate heating facilities rigidly connected to chimneys or flues sufficient to accommodate facilities for the safe and adequate heating of all habitable rooms, bathrooms and toilet rooms or compartments. Where central heating equipment is not supplied by the owner, heating equipment as specified in this subsection shall be provided by the occupant. Heating equipment shall be capable of maintaining a minimum air temperature of at least 68 degrees Fahrenheit at three feet above the floor level, in all habitable rooms, bathrooms and toilet rooms or compartments, during an outside air temperature of zero degrees Fahrenheit. Doors, windows and other parts of the dwelling shall be constructed and maintained so as to prevent abnormal heat losses.

(c)

Water-heating facilities. Every dwelling or dwelling unit shall be supplied with water-heating facilities capable of heating water so as to permit water at a temperature of not less than 120 degrees Fahrenheit to be drawn at every required kitchen sink, lavatory basin, bathtub or shower. Such water-heating facilities shall be capable of meeting the requirements of this subsection whether or not the heating facilities required under the provisions of subsection (b) of this section are in operation.

(d)

Heating equipment. Heating equipment burning solid fuels shall be rigidly connected to a chimney or flue. Heating equipment burning liquid or gaseous fuels shall be rigidly connected to a chimney or flue and a supply line.

(e)

Refrigerated storage space. In every dwelling unit where perishable foods are kept refrigerated, space for their storage shall be provided by the occupant if not supplied by the owner.

(f)

Cooking equipment. Every piece of cooking equipment shall be so constructed and installed that it will function safely and effectively and shall be so maintained by the owner thereof. Cooking equipment burning solid fuel shall be rigidly connected to a chimney or flue, and cooking equipment burning liquid or gaseous fuels shall be rigidly connected to a supply line. No cooking equipment using such fuels shall be operated in any room used primarily for sleeping purposes.

(Code 1986, § 10-142)

Sec. 34-188. - Lighting, ventilation, electrical facilities.#

(a)

Compliance. No person shall occupy as owner-occupant or permit to be occupied by another, any dwelling or dwelling unit that does not comply with the requirements of this section.

(b)

Window area. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum aggregate glass area available for unobstructed light for every habitable room shall be no less than ten percent of the floor space of such room.

(c)

Daylight obstruction. Whenever walls or other portions of structures face a window of habitable room in any dwelling and such light-obstructing structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the minimum total window area as required in subsection (b) of this section.

(d)

Openable window area. Every habitable room shall have at least one window or skylight which can easily be opened, or shall have such other device as will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least 50 percent of the minimum aggregate glass area required in subsection (b) of this section except where there is supplied some other approved device affording adequate ventilation.

(e)

Bathroom light and ventilation. Every bathroom and toilet room or compartment shall comply with the light and ventilation requirements for habitable rooms contained in subsections (b), (c) and (d) of this section, except that in no case shall the minimum glass area of such window or skylight be less than three square feet. No window or skylight shall be required in any bathroom or toilet compartment equipped with an approved ventilation system.

(f)

Screening of vents. From May 1 to October 1 every opening, except bulkheads, used for ingress or egress from a dwelling or dwelling unit directly to or from outdoor space shall be supplied with either a self-closing device or self-closing screen door. Every window of every habitable room, bathroom and toilet room or compartment, and every other window or opening below the sixth floor from the dwelling or dwelling unit to outdoor space while in use for ventilation shall be equipped with approved screening which shall be provided by the occupant when not supplied by the owner.

(g)

Basement ventilation. Every cellar and basement shall have at least one vent or window opening directly to the outside air sufficient to prevent mildew or structural deterioration, and properly equipped with approved screening, except where there is supplied some other approved device affording adequate ventilation.

(h)

Electrical fixtures. Every habitable room shall be supplied with at least two separate electric convenience outlets, or one such convenience outlet and one separate electric light fixture. Every toilet room or compartment, bathroom, laundry room, furnace room, stairway and communicating corridor shall be supplied with at least one electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be properly connected to the source of electric power.

(i)

Lighting of public spaces. Every public hall and common stairway used primarily for egress or ingress in connection with two or more dwelling units shall be supplied with a proper amount of natural or electric light at all times. Such public halls and common stairways in structures containing not more than three dwelling units shall be deemed to have fulfilled such requirement if they are properly supplied with conveniently located switches, controlling an adequate electric lighting, system which may be turned on when needed. All common stairways not used primarily for egress or ingress in all dwellings shall be properly supplied with such switches.

(Code 1986, § 10-143)

Cross reference— Utilities, ch. 78.

Sec. 34-189. - Dwelling space; use; access.#

(a)

Compliance. No person shall occupy as owner-occupant or permit to be occupied by another, any dwelling or dwelling unit which does not comply with the requirements of this section.

(b)

Floor space per person. Every dwelling unit shall contain at least 160 square feet of floor space for the first occupant, at least 100 square feet of additional floor space for each of the next two occupants, at least 75 square feet of additional floor space for each of the next three occupants, and at least 50 square feet of additional floor space for each occupant thereafter; except any dwelling unit which is occupied by two or more occupants and which contains a room not intended to be used primarily for cooking or sleeping but which is properly designed and equipped or especially furnished with either an efficiency closet or wall-type kitchen unit or kitchenette, or bed furniture properly designed for daytime storage or other daytime uses so as to be usable for a combination of regular living and efficiency cooking or regular living and efficiency sleeping space may contain 100 square feet less floor space than would otherwise be required. In every case the floor space shall be calculated on the basis of total habitable room area.

(c)

Sleeping space per person. In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor space for each occupant thereof.

(d)

Ceiling height. At least one-half of the minimum required floor space of every habitable room shall have a ceiling height of at least seven feet.

(e)

Cellar; basement occupancy. No cellar or basement shall be occupied as a habitable room or dwelling unit, except as a workshop or recreation room, unless:

(1)

The floors and walls are impervious to any leakage of underground and surface runoff water and are properly protected against dampness;

(2)

The minimum window area in each habitable room therein is located above the finished grade of the adjoining ground of the window wall.

In no case, however, shall cellar space be used for sleeping purposes.

(f)

Means of egress. Every dwelling unit shall be provided with approved, safe and unobstructed means of egress, and shall comply with the applicable provisions of the building code and the fire prevention ordinance and the rules and regulations adopted pursuant thereto.

(Code 1986, § 10-144)

Sec. 34-190. - Safe and sanitary maintenance.#

(a)

Compliance. No person shall occupy as owner-occupant or permit to be occupied by another, any dwelling or dwelling unit which does not comply with the requirements of this section.

(b)

Structural elements. Every foundation shall adequately support the dwelling structure at all points and shall be free of holes, wide cracks and buckling. Every floor, exterior wall and roof shall be free of holes, wide cracks, and loose, warped, protruding or rotting boards, or any other condition which might admit moisture or rodents or which might constitute a hazard to health or safety. All exposed surfaces which have been adversely affected by exposure or other cause shall be repaired, and coated, treated or sealed so as to protect them from serious deterioration. Every interior wall and ceiling shall be free of holes and wide cracks, loose plaster, defective materials, or serious damage. Interior walls and all protective materials thereon shall be properly maintained and cleaned.

(c)

Windows and doors. Every window, exterior door and bulkhead shall be reasonably weathertight, watertight and rodentproof, and shall be kept in sound working condition and good repair.

(d)

Stairways and porches. Every inside and outside stairway, every porch, and every appurtenance thereto, shall be constructed and maintained in safe condition and good repair.

(e)

Supplied facilities. Every supplied facility, piece of equipment or utility, which is required under the provisions of this division, shall be so designed, constructed and installed according to law that it will function safely and effectively, and shall be maintained in safe and sanitary working condition.

(f)

Plumbing facilities. Every plumbing fixture, water supply and sewer line shall be properly installed according to law and maintained in safe and sanitary working condition, free from defects, leaks and obstructions.

(g)

Infestation. Every dwelling, dwelling unit and all dwelling premises shall be free of infestation.

(h)

Dwelling premises and accessory structures. All dwelling premises shall be maintained in good repair and sanitary condition.

(Code 1986, § 10-145)

Sec. 34-191. - Responsibilities of owners, operators and occupants.#

(a)

Applicability. The provisions of this section shall pertain to the responsibilities of owners, operators and occupants of dwellings and their premises.

(b)

Maintenance of private spaces. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and dwelling premises thereof which he occupies and controls.

(c)

Maintenance of public spaces. Every owner of a multiple dwelling shall be responsible for maintaining in a clean and sanitary condition the common areas of the dwelling and the premises of such dwelling. Occupants of two-family and three-family dwellings shall share the responsibility for maintaining in a clean and sanitary condition the common areas of the dwelling and the dwelling premises, but the owner shall be ultimately responsible therefor.

(d)

Disposal facilities. Every owner of a dwelling shall be responsible for the supply on the premises of such solid waste and recycling disposal facilities and separate storage containers for each dwelling thereon as are required by section 34-186(h) and shall be responsible that such facilities are maintained in good repair and sanitary condition. The owner shall provide for the proper collection and removal of their contents to an authorized disposal area on a weekly basis.

(e)

Manner of solid waste and recycling disposal. Every occupant of a dwelling or dwelling unit shall dispose of all solid waste and recycling in a clean and sanitary manner by placing it in the facilities provided as required by section 34-186(h) and subsection (d) of this section.

(f)

Use of screens. Every occupant of a dwelling or dwelling unit shall be responsible for the use of all screens whenever the same are required under the provisions of section 34-188(f).

(g)

Extermination. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any rodents, vermin or other pests therein or on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested; except that whenever such infestation is caused by the failure of the owner to carry out the provisions of this division, extermination shall be the responsibility of the owner.

(h)

Maintenance of plumbing and equipment. Every occupant of a dwelling unit shall be responsible for the exercise of proper care and cleanliness in the use and operation of all plumbing fixtures, sanitary facilities, appliances and equipment therein.

(i)

Discontinuance of utilities. No owner, operator or occupant shall cause any service, facility, equipment or utility, which is required to be supplied by the provisions of this division to be removed from or shut off from or discontinued for any occupied dwelling, or dwelling unit, except for such temporary interruption as may be necessary when actual repairs or alterations are being expeditiously made or during other temporary emergencies when discontinuance of service is approved by the director.

(j)

Occupancy of vacant units. No person shall occupy as owner-occupant, or permit to be occupied by another, any vacant dwelling or dwelling unit unless or until it is in good repair, clean, sanitary, in habitable condition and in full compliance with all provisions of this division and the rules and regulations adopted pursuant thereto.

(k)

Supplied heat. Every owner or operator of a dwelling who permits to be occupied any dwelling unit therein under an agreement, express or implied, to supply or furnish heat to the occupants of such dwelling unit, shall maintain therein from October 1 to May 1, a minimum air temperature level of not less than 68 degrees Fahrenheit at least three feet above floor level during an outside air temperature of zero degrees Fahrenheit or above between the hours of 6:30 a.m. and 11:00 p.m. and not less than 60 degrees Fahrenheit between the hours of 11:00 p.m. and 6:30 a.m. in all habitable rooms, bathrooms, toilet rooms and compartments and communicating corridors. When the outside air temperature drops below zero degrees Fahrenheit, heating facilities shall be operated so as to furnish at least the minimum requirements of this section. Whenever heating facilities are incapable of furnishing the minimum requirements of this section at an outside air temperature of below zero degrees Fahrenheit, they shall be operated to full capacity. Whenever a dwelling is heated by means of a central heating facility, or other heating apparatus under the control of the owner or operator of the dwelling, such owner or operator, in the absence of a written contract or agreement to the contrary, shall be deemed to have contracted, undertaken or bound himself to furnish heat in accordance with the provisions of this subsection. The provisions of this subsection shall not apply where the failure to maintain such air temperature level is approved by the director because of a general shortage of fuel, or any negligent or malicious act of the occupant or while repairs are being expeditiously made to the heating equipment, or any cause beyond the control of the owner or operator.

(Code 1986, § 10-146; Ch. 975, § 1, 1-22-2013)