Chapter 4.16 - FIT PREMISES

Part of the Code of Ordinances of South Salt Lake, UT.

Local law · Updated May 27, 2026 · 1,732 sections

The text

4.16.010 - Title.#

The ordinance codified in this chapter shall be referred to as City of South Salt Lake fit premises ordinance.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.16.020 - Purpose.#

The City Council of South Salt Lake finds that a large number of Dwelling units within the City of South Salt Lake are occupied on a rental tenancy basis, and that while a large majority of both owners and Tenants maintain premises in a habitable condition, a significant number of both owners and Tenants fail to abide these standards, that some make unreasonable requests to enter the premises, some Tenants breach an obligation to maintain premises in reasonable condition and cause damages in excess of reasonable wear and tear, that Rental agreements are in many cases breached by both owners and Tenants, and that some Tenants breach a duty to maintain peaceful enjoyment of the premises by other Tenants. The council further finds that pursuant to decisions of the Utah Supreme Court that the City has the necessary police and other regulatory powers to permit enactment of the ordinance codified in this chapter.

The City Council intends the requirements of this chapter to clarify, not to supersede or conflict with, the requirements of the Utah Fit Premises Act, § 57-22-1 et seq. U.C.A., and finds that such clarification is necessary in order to ensure compliance with the standards for habitability in this community.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.16.030 - Exclusions from application of chapter.#

The following housing is not governed by this chapter: A.

Residence at a detention, medical, geriatric, educational, counseling, or religious institution;

Occupancy under a contract of sale of a Dwelling unit if the occupant is the purchaser;

Occupancy by a member of a fraternal or social organization in a building operated for the benefit of the organization;

Transient occupancy in a hotel, or motel (or lodgings subject to Utah Code § 59-12-301); except that single room occupancy units (SRO) shall be governed by this chapter. SRO means an existing housing unit with one combined sleeping and living room of at least seventy (70) square feet, but of not more than two hundred twenty (220) square feet, where the usual tenancy or occupancy of the same unit by the same Person or Persons is for a period of longer than one week. Such units may include a kitchen and a private bath; and

Occupancy by an Owner of a condominium unit.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.16.040 - Identification of Owner and agents.#

A property owner, or any Person authorized to enter into an oral or written Rental agreement on the property owner's behalf, shall disclose to the Tenant in writing on or before the commencement of the tenancy the name, address and telephone number of:

The property Owner or Person authorized to manage the premises; and

A local Person authorized to act for and on behalf of the property Owner for the purpose of receiving demands, and performing the property owner's obligations under this chapter and the Rental agreement.

A Person, other than the tenant, who enters into a Rental agreement and fails to comply with the requirements of this section becomes an agent of the property Owner for the purposes of:

Receipt of notices under this chapter; and

Performing the obligations of the property Owner under this chapter and under the Rental agreement.

A Tenant must be notified in writing of changes in the information required to be furnished by this section within thirty (30) days of the effective date of the change.

Every rental property with more than one unit rented without a written agreement shall have a notice posted in a conspicuous place with the name, address and telephone number of the property Owner or Manager and local agent as required by subsection (A) of this section.

This section is necessary in order to ensure the tenant's ability to serve notice of deficiencies to a property owner, as specified in § 57-22-6(2)(b) of the Utah Code.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.16.050 - Notice of utility termination or deficiencies.#

Before entering into a lease or Rental agreement, the property Owner shall disclose in writing to the Tenant the following: A.

Any notice by a utility provider to terminate water, gas, electrical or other utility services to the Dwelling unit or to common areas of the building, and the proposed date of termination;

Any current uncorrected building or health code violation included in a deficiency list or notice from the City, Salt Lake Valley health department, or any other government entity.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.16.060 - Property owner—Affirmative duties.#

A property Owner has an affirmative duty to do the following unless the duty has been lawfully allocated to the Tenant pursuant to existing state law: A.

Comply with the requirements of applicable building, housing, fire and health codes and City ordinances;

Maintain the structural integrity of the building;

Maintain floors in compliance with safe load-bearing requirements;

Provide exits, emergency egress, and light and ventilation in compliance with applicable codes, including egress windows, as defined in the current state building or fire code, for each bedroom in each Rental Dwelling, unless it is an excepted, currently existing window qualifying for exemption under Section 4.16.150;

Maintain stairways, porches, walkways and fire escapes in sound condition, including hand and guard rails required by applicable codes;

Provide operating smoke detectors (either battery operated or directly wired) and fire extinguisher as required by applicable code;

Provide operable sinks, toilets, tubs and/or showers;

Provide heating facilities as required by code;

Provide kitchen facilities as required;

Provide running, potable water;

Provide adequate hall and stairway lighting;

Maintain floors, walls and ceilings in a structurally sound condition;

Supply window screens where required by code;

Maintain foundation, masonry, chimneys, water heater and furnace in good working condition;

Prevent the accumulation of stagnant water in the interior of any premises;

Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances supplied by the property Owner as required by applicable codes;

Provide and maintain appropriate garbage receptacles and arrange for timely garbage removal as required by code or ordinance;

Dispose of oil, electric batteries, and all other household hazardous waste or materials as required by federal, state, and local laws;

Provide electricity and hot water at all times, and heat during at least the months of October through April and as weather conditions might otherwise reasonably warrant, except where the Dwelling unit is so constructed that electricity, heat or hot water is within the exclusive control of the Tenant and supplied by a direct public utility connection;

Initiate pest control measures if reasonable proof of pest infestation has been established, provided that a property Owner may not apply pesticide contrary to label directions;

Provide and maintain exterior doors including weather proofing;

Provide adequate locks to exterior doors and furnish keys to Tenants, and occupancy separation doors, as required by current building and fire codes;

Maintain the Dwelling unit in a reasonably insulated and weather tight condition as required by the Uniform Building, Housing and Utah State Energy Conservation Codes;

Ensure that repairs, decorations, alterations, or improvements, or showing the Dwelling unit for rental or sale shall not unreasonably interfere with the Tenants' right to quiet enjoyment of the premises;

Provide a mailbox; and

Provide separate meters for each Tenant for gas and electricity or include charges for utility services in the rent;

AA.

Provide ground fault circuit interrupter protected outlets in locations specified in applicable electric codes; and

BB.

Provide a separate street address for each unit, as required by current fire codes.

CC.

This section clarifies the property owner's duties identified in § 57-22-3 of the Utah Code, based on this community's standards for habitability.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.16.070 - Property owner—Prohibited activities.#

A property Owner may not: A.

Rent the premises unless the premises are safe, sanitary, and fit for human occupancy;

Interrupt or disconnect utility services; or

Enter a rental unit without first complying with § 57-22-4(2) of the Utah Code and Section 4.16.090 of this code.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.16.080 - Tenant to maintain Dwelling unit.#

A Tenant has the affirmative duty to: A.

Comply with all appropriate requirements of the Rental agreement and applicable provisions of building, housing and health codes;

Maintain the premises occupied in a clean and safe condition and not unreasonably burden any common area;

Dispose of all garbage and other waste in a clean and safe manner and shall not leave garbage or litter in hallways, porches, patios and other common areas;

Maintain all plumbing fixtures in as sanitary a condition as the fixtures permit and shall not obstruct sinks, toilets, tubs, showers and other plumbing drains;

Use all electrical, plumbing, sanitary, heating, and other facilities and appliances in a reasonable manner;

Not destroy, deface, damage, impair or remove any part of the premises or knowingly permit any Person to do so;

Promptly inform the property Owner of any defective conditions or problems at the premises;

Not interfere with the peaceful enjoyment of the residential rental unit of another Renter;

Upon vacating the premises, restore the premises to their initial condition except for reasonable wear and tear or conditions caused by the property owner;

Be current on all payments required by the Rental agreement;

Not increase the number of occupants above that specified in the Rental agreement without written permission of the owners;

Not modify or paint the premises without the express permission of the property owner/agent;

Dispose of oil, car batteries, and other hazardous waste materials away from the rental premises, and in a manner prescribed by federal, state and local laws; and

Not require the Owner to correct or remedy any condition caused by the Renter, the Renter's family or the Renter's guests or invitees by inappropriate use of the property during the rental term or any extension of it.

This section clarifies the duties described in § 57-22-5 of the Utah Code, based on standards for habitability and Tenant obligations in this community.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.16.090 - Access.#

A Tenant shall not unreasonably withhold consent to the property Owner to enter into the Dwelling unit in order to make necessary or agreed repairs, decorations, alterations, or improvements; or to exhibit the Dwelling unit to prospective purchasers, Tenants or work people.

A property Owner may enter the Dwelling unit without consent of the Tenant in case of emergency.

Except in case of emergency the property Owner shall give the Tenant at least twenty-four (24) hours notice of plans to enter and may enter only between eight a.m. and ten p.m., unless the Tenant expressly agrees to entry during other hours.

A property Owner has no other right of access except:

Pursuant to court order;

To make repairs required by the Tenant pursuant to Sections 8.40.150 and 8.40.160; or

Unless the Tenant has abandoned the premises as defined in Section 78B-6-816, Utah Code Annotated, or any successor provision.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.16.100 - Property Owner and Tenant remedies for abuse of access.#

If the Tenant refuses to allow lawful access, the property Owner may obtain an administrative court order by initiating a proceeding with the administrative law judge pursuant to Chapter 2.22 of this code.

If the property Owner makes an unlawful entry or makes repeated demands for entry which harass the Tenant, the Tenant may obtain an administrative court order by initiating a proceeding with the administrative law judge pursuant to Chapter 2.22 of this code.

The party seeking the order bears the burden to establish the violation by a Preponderance of the evidence. The administrative hearing fee shall be paid in advance by the party seeking relief, but may be ordered by the administrative law judge to be paid by a party which has had an order levied against it.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.16.110 - Failure to deliver possession.#

If the property Owner fails to deliver possession of the Dwelling unit to the Tenant as promised in the Rental agreement, Rent abates until possession is delivered. Alternatively, the Tenant may terminate the Rental agreement by written notice to the property Owner and recover all prepaid Rent and security deposits.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.16.120 - Tenant remedies.#

A tenant's remedies under this chapter are limited to those described in § 57-22-6 of the Utah Code.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.16.130 - Retaliatory conduct prohibited.#

A property Owner may not terminate a Rental agreement or bring or threaten to bring an eviction action because the Tenant has in good faith:

Complained of code violations at the premises to a governmental agency, elected representative or public official charged with responsibility for enforcement of a building, housing, health or similar code;

Complained of a building, housing, health or similar code violation or an illegal property Owner practice to a community organization or the news media;

Sought the assistance of a community organization or the news media to remedy a code violation or illegal property Owner practice;

Requested the property Owner to make repairs to the premises as required by this chapter, a building or health code, other regulation, or the residential Rental agreement; or

Testified in any court or administrative proceeding concerning the condition of the premises.

A violation of this section is punishable by a fine in an amount to be established in the consolidated fee schedule.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.16.140 - City business license suspension or revocation.#

The City business license of any property Owner in violation of the provisions of this chapter may be suspended or revoked pursuant to Chapter 5.02 of the municipal code, with due regard to the severity of the offense, the property owner's acceptance of responsibility for violations, and the length of time the violation existed.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.16.150 - Installation of egress windows in bedrooms.#

Egress windows must be provided for any bedroom of a Rental Dwelling. If all of the windows in an existing bedroom are smaller than those required by the current state building or fire code, one or more windows must be replaced with an approved egress window unless completing the alteration would unreasonably or impractically compromise the structural integrity of the building or violate building, fire, or land use codes in existence at the time of certification.

For purposes of subsection (A), a letter from a Design professional certifying that adding or altering a bedroom window to comply with minimum egress standards will compromise the structural integrity of the building, or certifying that such a window cannot be installed in accordance with existing building, fire, or land use codes, shall be prima facie evidence that compliance with that subsection would be unreasonable or impractical.

If the housing inspector disagrees with the conclusions of the Design professional and determines that adding or altering a bedroom window would not unreasonably or impractically compromise the structural integrity of the building or violate building, fire or land use codes, the inspector must support this determination with a second opinion of an alternate Design professional, provide a copy of the second opinion to the Landlord, and notify the Landlord of their right to appeal. If no appeal is made, or the administrative law judge determines that the egress window should be installed, then the Landlord shall install the egress windows.

A Landlord is required to file a complete permit application to replace or install an egress window within thirty (30) days of the end of the appeal period, or of the date the administrative court makes its determination. The window must be installed within eight months from the date the completed permit application is turned into the Community Development Department.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.16.160 - Enforcement remedies not exclusive.#

In addition to other remedies provided by law, the City may institute injunctions, mandamus, abatement or any other appropriate legal actions.

The City's use of any particular remedy provided by law does not prevent the City from pursuing any other remedy, civil or criminal, as to the same or a similar offense against the same Person who violates this chapter.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)