HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/14/2007 - PROPOSED REVISIONS TO CITY CODE ARTICLE VI, DIVISI DATE: August 14, 2007 WORK SESSION ITEM
STAFF: Felix Lee FORT COLLINS CITY COUNCIL
Mike Gebo
SUBJECT FOR DISCUSSION
Proposed Revisions to City Code Article VI, Division 2, Rental Housing Standards.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
As the third of four of the Neighborhood Quality items to be discussed,the proposed revised Rental
Housing Standards are intended to update the City's current Rental Housing Standards by
incorporating minimum habitability codes which have been incorporated as minimum requirements
for dwellings constructed over the past 50 years. The proposed Standards would be applicable to
all rental housing, including: dwellings, hotels and rooming houses.
1. Does Council concur with the proposed revisions to the Code?
2. Does Council wish to consider additional changes?
3. Does Council concur with bringing forward the proposed Rental Housing Standards forward
for adoption on December 4, 2007 or on a different time frame?
Options
• Option 1 —No changes to current Code.
• Option 2—Direct staff to complete development of recommended Code revisions to bring
forward as an ordinance for adoption on December 4, 2007 or other time frame.
• Option 3 —Direct staff to develop Code revisions other than those recommended to bring
forward as an ordinance for adoption on December 4, 2007 or other time frame.
BACKGROUND
At the Council work session on September 12, 2006, staff was directed to develop updated
regulations to address health,safety and general welfare concerns applicable to rental standards and
habitability. This agenda item addresses specifically rental housing,including dwellings,hotels and
rooming houses.
Since its original adoption in 1982, the Rental Housing Standards have been the City's codes for
assuring minimum standards to safeguard life,health,property and public welfare by regulating the
use and occupancy of all rental housing. In addition to providing requirements for the general
August 14, 2007 Page 2
maintenance of the building, including its plumbing, mechanical and electrical systems, the draft
revised standards would introduce some minimum habitable room dimensions. The proposed
revisions are minimum standards that have been incorporated in building codes for new construction
over the past several decades.
Proposed revisions include:
1. Increasing the size of emergency egress bedroom windows to provide access for rescue
personnel.
2. Updating ventilation and heating.
3. Updating sanitation.
4. Updating electrical systems.
5. Establishing habitable room dimensions.
6. Requiring smoke alarms.
7. Requiring carbon monoxide alarms .
8. Increasing the minimum temperature the permanent heating system is capable of maintaining
(from 60 degree to 68 degrees F).
9. Addressing undocumented rental housing.
Current and proposed process: (unchanged)
1. Remains complaint based, no cost to the occupants.
2. For life safety hazard, the City's response is immediate.
3. Scheduled inspections for non-emergency violations.
4. Staff contacts owner/manager for all violations and immediate hazards.
5. For minor issues, not involving code violations, renter/complainant is advised to contact
landlord.
6. For alleged violations, owner/manager will be contacted and inspections conducted.
7. Uncorrected violations are civil infractions, unless they involve life, safety or
health—criminal misdemeanors.
Rental Habitability Inspection Program Overview
Rental Housing inspections are initiated upon a written complaint from the tenant. The
Investigation/Inspection Re uest form was developed to aid the tenant in providing information
4 P P g
needed by the inspector. Upon receipt of the complaint, the building/housing inspector will make
contact with the tenant to further identify the specific issues of the complaint. Because complaints
can range from a cooking stove not working to leaking natural gas,the inspector must determine the
appropriate level of City intervention.
For those items not regulated by the Standards or considered minor general maintenance,the tenant
will be advised to contact the owner/landlord for repairs. For items that the inspector determines are
of greater concern, an inspection will be scheduled with the tenant and usually performed within a
couple of days. If the inspector determines that the complaint involves an immediate hazard, such
as leaking natural gas or arcing electricity, an inspection will be performed as soon as possible,
usually within the hour.
August 14, 2007 Page 3
The inspector identifies issues that need correction and the level of action to be taken by the
landlord/owner and whether or not a particular item is general maintenance, a matter of moderate
concern,or is an immediate hazard. A copy of the Inspection Report is mailed to the landlord/owner
with directions for corrections along with the Order to Repair Notice and a time frame for
compliance. Building permits are often needed for required corrections involving alterations to the
building.
Request for rental inspections average 4-5 per week at the beginning and end of the CSU school
semester. Non-requested rental inspections are also performed for each site inspection to confirm
compliance with the Over-Occupancy ordinance.
Use/Occupancy Compliance
Council also asked staffto develop a policy to handle"undocumented housing"revealed through the
complaint process. Undocumented housing consists of properties where a change of use or
occupancy has occurred, such as a single family dwelling converting to a duplex(2 dwelling units)
or more units, and neither the current owner nor the City are able to produce a record of a building
permit,"Certificate of Occupancy"(C of O),or other documentation of the City's approval for such
conversion and use. Staff is proposing code changes to the Land Use Code(LUC)and to the current
Rental Housing Standards(RHS). The LUC changes would definitively mandate that all dwellings
and rental housing must be approved for occupancy by the City. Furthermore, for the sake of
simplicity and uniformity, staff proposes to eliminate a number of redundant, misleading, and/or
ambiguous provisions in the current Rental Housing Standards.
With the recommended RHS and LUC code changes in place, staff will have the regulatory tools to
clearly establish if a particular property has or can obtain City approval for occupancy. The current
RHS language stating that the LUC and Building Codes generally apply to rental housing would
become unnecessary because the LUC and Building Codes automatically apply to rental housing.
The current RHS language is also confusing because it can be construed to suggest that LUC
provisions, including the maximum occupancy limit, do not apply to rental housing "that was
permitted at the time of its construction"or that came into the City as a non-conforming use. Such
unintended conclusions were never the intent.
Under these new provisions,a simplistic scenario of an investigation into an over-occupancy or RHS
complaint related to a"single-family dwelling would look something like the following:
1. Staff would notify the owner/property manager to submit the required "Occupancy-limit
Disclosure Form." Concurrently, staff would search City records to determine the last
approved use/occupancyofthebuilding,e.g.,single-family,two-family,or"Extra-occupancy
Rental House" (boarding house).
2. If records indicate City approval as a duplex or boarding house, staff would arrange a site
inspection to verify compliance with the occupant limits and with the RHS.
3. If records determine City approval for a single-family only, the owner/manager can be
prosecuted for failing to obtain a building permit or other approval before converting the
structure from a single family dwelling and for allowing the added dwelling/rooming unit to
August 14, 2007 Page 4
be occupied when no "C of O"or other approval has been issued. Staff would then issue a
violation/compliance notice to comply with occupancy-limits for a single-family dwelling
within a period typically not more than 30 days.
4. If the property is within a Zone District that permits a duplex or boarding house, the
owner/landlord must submit the appropriate application and obtain approval ofthe additional
housing unit,or the landlord and tenants will be subject to ongoing fines. Conversion of the
structure to a duplexiboarding house will require payment of any necessary building permit
fees, development review fees, and any impact fees as well as providing any required site
improvements (typically parking) stipulated by the development review process.
5. If the City is unable to provide any records that demonstrate approval for original occupancy
and use, the building will be required to comply with the RHS, at the very least.
6. In any case, if the Zone District regulations prohibit housing other than single-family
dwellings, the use and occupancy of the added housing/rooming units must be permanently
discontinued.
It is important to qualify the preceding scenario by noting that there may be specific and unique
circumstances that warrant limited flexibility in ruling by staff(Building Official), excluding LUC
provisions and any other City Code provisions without explicit authorization to do so, as proposed
with revisions to"Section 5-256,Enforcement authority;rules and procedures." The proposed new,
"Section, 5-53, Appeals and administrative review"introduces eligibility limits to appellants, who
are residents or property owners, mortgage holder, etc., of the subject property or of any property
within 800 feet of the subject property. Such appellants are qualified to appeal to the Building
Review Board for a final interpretation, which, in turn, ultimately can be appealed to Council.
City Costs
There is no cost to the tenant or owner/manger for this service. Costs to the City for performing
rental housing inspections are currently absorbed by the daily operations of the Building Code
Services inspections program. Most violations would normally be considered civil infractions. No
citations have been issued under this program over the past few years, as compliance has been
achieved thus far.
Public Outreach and Responses
The revisions as proposed were presented to the Planning and Zoning Board on July 13, 2007 and
the Building Review Board on July 26,2007. Additionally,an open public meeting was held on July
24, 2007, attended by property managers, neighborhood representative and general public.
Suggestions and concerns included:
1. Concerns over retrofitting older rental properties related to minimum ceiling heights and
emergency window sizes. (staff recommends retroactive requirements for egress windows
be limited to below ground level,basement units, for oldest buildings)
August 14, 2007 Page 5
2. Any undocumented properties would, or conversely should, be grandfathered.
3. The City require landlords to provide tenants:
• Tools for snow removal and lawn care equipment
• Window and door security locks
• Carbon monoxide detectors
• Window coverings
• Copies of City ordinances pertaining to rental properties.
Next Steps
• Incorporate revisions as directed from Council.
• Bring forward an ordinance for Council consideration at the regular Council meeting
scheduled for December 4, 2007.
• Make changes to the City's Land Use Code requiring that all dwellings be approved for
occupancy.
• Improve procedures and policies relating to address undocumented dwellings(dwellings for
which neither the owner nor the City have records authorizing their use and occupancy).
ATTACHMENTS
1. Power Point presentation.
2. Proposed Article VI, Division 2, Rental Housing Standards revisions.
3. Amendments to the Land Use Code Related to Proposed Updated Rental Housing Standards.
4. Proposed revisions to Rental Housing Standards.
5. Investigation/Inspection Request Form.
6. Inspection Report Form.
7. Order to Repair Notice.
8. Decision matrix.
Rental Housing Co
Council Work Session
August 14 , 2007
Neighborhood Quality Issues
Rental Housing Standards
Mike Gebo
Building Codes Services Manager
ousing
City of Fort Collins Code
Cha fqr 5 , -9rtioJ-e-/�
Divisio,�- -
Renbal+loustng-Stand a
�,sions
Rental Housing Code
Work Sess 'n on Septe
Council directed to staff to update
ttae,-Q. 16 -0u# a#ed
en al Hoising %17od
ousing
■ Revision justifi-cation : -
■ The current Rental Housing Standard has n
been substantially changed since1982
� t t
■ The proposed revisions are intended tokk
—
incorporate minimum habitability standards
which have been applicable to dwellings
constructed over the past 50 years
Rental Housing Code
■ Pur�fl��� nd��� l���ability ;
■ To estai� lish- r�it�ir�t���tandards governing
the facilities , utilities , occupancy , repair an
maintenance of all rental housing within the
■ To safeguar�l�i�e��ai�h�n�d prop
persons who occupy rental housin
Ion
New Revisions:
Exterior obstructions would not be allowed
within 3 feet of re uir�d o enin s for
ventaaa#ao � ��
ri
■ Opera ��uaradows would�ie requir
ope srr� CDP CP ; capes le of be '
o y the w �, MEN
re
s s
e w at ed t
tot ex nt tic I
New Revision
■ Doors and windows used for ventilation of
habitable rooms woul'd require screE s
from April 13IAQ Noy�jer. 1t
■ Bathrooms would require mechanical
N48RMataoRMo e-exterior if�aowon
t ed
Sanitation
New revisions : = =
■ Wbuld requirB-�afleast one water clew
lavatory and 'bhtub or shower far_ ea��
four sleeping rooms o an Ext -
Occupancy Rental Property
Wouldn1prohibit Gai--peting-er other
absorbent floor finishesin wet and food
prepay io - areas
8
Sanitation
New revisions :
■ Would require that every water closet ,
bathtub or shower be installed in a room
wbi,cb.vill a ford pmacr_taibepc=pant
■ Would require that there be adequate
facilJt4ecs-a-ad-ser4cesf4gr tea -
d ispasdi was
ME cal
New Heating-_ revision :
■ W.ouJ_i_irur__a.s_e fromS_0 _degrees to 68
degrEes asMie mjnimU'm h65ting capab
of he perrfanentM ilities for
habitable rooms
Electrical
New revisiows :
• Would require a minimum of two electri_
outlets in eve ' table space in
dw.e ng
■ GFI protected outlets in bathrooms
■ --7eaiLjij ntU=fQrbajjWa
=s ys SeTyl qnuItiPjEMVMIMgS
Minimum Room Sizes
New revisions :
■ Would_ establish minimum ceiling heiht
7 feet
, i
-Woul tablish- a-mimmumIoor area of
-square feet for-sleeping rooms
WoITl" estab5i`ssb a minimum floor area 150
square feet for general_ use not including _
kitc e s t oo s or bedroo s
Emergency Rescue
New Revisions;
■ Would require that all bedrooms belo
grade level ( basements ) , be pro ' e
escape and rescue w ' oars
provides a clew op e g of at I
square iwhs nd a maxim mim mb '
-0 8 ' roc-hes--a� W
Smoke Detectors
New revisions :
■ Would require that all sleeping rooms , and
other locations as required by the City' s
Building Code , be provided with s ke
a l ar4:ne ,.ejt er-battery-0per-ated o G#ay
connected to the premises electri
yam
Review and Appeal
New revision :
■ F �#���es a� appeals process
■ Identifies that an �- affected party within 80
file
a ' view�oa�fcr ca
Enfo t Overvie -
■ Complaint bassd- -by tenant , on - line or ma '
using investigation form
Complairaan�anra11 be contacted by the
Hou�it�g- �� sp�or to determine extent of
City involvement -
Inspeet�r will co �perty �a e ��
notify that a com s been
f wa rra
Enforcement Overview
■ During the i.nsppction , Rential- -Housing
violations are noted on the impection
repdffan,f-classified as to Avel of repair
neede-d- 71
■ The j� rop�r owner is notified o —
violations and ordered
■ Violations not determine , safie
hazards are considered GivTinfrac ion
ith nes p 1000 00 p r da
Enfor Overview
■ Most complaints and request for inspection ar
in the beginning and end of the CSU semester .
■ On average , we receive 4 - 5 request for
nspection at these peak times ,
his service is provided by the City witboout
charge to the occupants of property ow-n"& Q
manager
Unrecorded Housing
■ Change of use or conversion from 1 dwelling to
2 or mote without City approved documentation
_. . .4 changing the LUC to rewire C
�appt�val of all dwellings— Ir _ —
■ Dewelop protocol-to-rev and evaaua# a
available records-
■ Inspect the entire pr for compliance wi
Rental HousingStandard
■ lJD.W na i Q�n
00 f�
Public O 49 ch Presentatio
■ On July 13 , 2007 before the Planning and
ning Board
xa July 24 , 20n open public meeting
■ The audience consisted of property
managers , neighborhood associations and
the general public . _
idw Boar
- - � �Irclir ) , e cl rev ] 1�) i �) rl
� 1 + 1t1J tl � J; r Jtl tl �l �� lr�l � rJJttl
ili �i��l�L+�
• - • - r � rev Mjv - FI !Jnre Df III e d
• � ! �Jtll ram ,
&-OUA9O&P M
Suggestions to I • • toAhe proposal :
Landlord to provides • �� oval I • I i
equipment
onoors and windows
• Landlord to provide window shades • privacy
Each rental should have posted ordinances
relevant to rental properties
" • JJf 1 / JFF� � cJ - • -'tP t • • •
99
11
Next Steps
■ Incorporate revisions as directed from cou
■ Bring forth for adoption at the regular counai
meeting scheduled for December 4 , 2007
■ Make changes to the City ' s Land Use Code ,
requiring that all dwelfing units be- pproved
! lrrfiprove procedures—and policies reiatirtg1-o t
review , inspection an -cTassificationn 5
Unrecorded Dwellings
ATTACHMENT
ARTICLE VI.
• HOUSING STANDARDS
DIVISION 1. GENERALLY
Secs. 5-221-5-235. Reserved.
DIVISION 2. RENTAL HOUSING STANDARDS
Subdivision A. Generally
Sec. 5-236. Definitions.
For the purposes of this Article, certain terms, phrases, words and their derivatives shall be
construed as specified in Article 11, Division 3, § 5-40 of this code.
e:the..th:.. 444P-Je eF as
nYeF:e: ed :n the City building eode adopted i A 5 26 \I lh
not defined they shall have h a' a .,h' h t . 4 h h• 1, they
afe used. Alebstef:'s Third New J rb
temation.al Dieti....afy of the English Language,, uflab_a__d
eeYJb ht 1961, 1996 Ynr .,t:.. g shall he ide Y^ b ed .idin. rd nafy aeeepted A
µ
used:« this A..t:ele the Felle.. ing te.•..,s shall he the mengs d ,1.....
Building Offieial shall a the dalJ appOifited PiFeetOF Of the Department F
•
G.t_ Budding Gede(s) shalt Faean the «ppl:eable building dPeRst-metion ,t
♦eehnie.al eade(s) a ey ntlifi eCFeet as enaeted by the Gity, ineluding the Cite. II1__t_:_
Code, City Fuel Gas Cede, City CremeFal Building Code, C4y Akehanieal Cede, City
Plumbing Cede and the Pfy Residential Building Cede.
Gky L'lees« a Cede shall mean the n YY ,..,l:eable teeh«: 1 eode e 1 in FFeet as efiast ,1
by the State regulating
,latin the stell.at:.. of eleet... wiring eth. ds, Fepairs, F._.t.____ __�
rr-az<cc-
e equipment.1..ted
Gi; Fuel gas Cad shall a the nl:eable ♦eehn eal eEle euffewly in e ffe_t as
l naetea by the City, regulating the ifist.allatio« and Plaee ffie fit of fuel gas beating
e
City /'_...........1 Dmik4in /'qde shall mean the ..p bl teeh 1
F 1 in eff-eet as enaeted by the Cit. regulating the _tt__
lee.at:en of all buildings othef than Group F 3 detaehed single and twe €affk4y
QPY TA 1 l Code h 11 fnean the vYY1eable teeh 1 a eurrent1 in ff
eet as
enaeted by the City, regulating the iastalWien, Fepair and roplaeement of heating,
• eaeling, ent'l..t: e.. p nt .and Fel.ated systefas and
38
enaeted by the State, regulatifig o4e installation, fepair, design and replaeefRent of pat
watef piping, building waste drainage and venting systems.
Gii�, Residential Building Code shall fflean the applieable teeknioal eefistfuetion e
euf ently in eff e t as enaeted by the Cirs 1 ,.ti„g the 1
an re
alte„.,tie« and le....tion of ell buildings .L...s:f:ea as Group D 2 Eletaea A a single a
twa-
Akbitable reem shaI4ffteaft f�eofnof 1 a Fl„ spaee usea or intended te b
e used or
designed to he_used f living, sleeping, ea4ing or ' 6 1 e*et a• bathrooms, �Eiit
et
Off4eer- shall fnean the lly designated head of a... County r.__.._._ t of
Health or 04e Health llffeeds ..«tl...«:,va ..
�mxx�w-a�c��
less,
than „ e hundred ten i 1 1 m degrees Pahreaheit.
AWisamee shall meaft any eenduct or eonElition in E)r- upon FeHta4 housing that is deelared
to be a publie nuisanee under any pr-ovision of the Gode, OF any of the �allawing:
an the pfemises of„ buildingor- unoeeepied l.. m:._d to
any abandoned
• wells, ,and Tnf3tflf Vehieles, MY
71 J Unsound fe„ee.. a ,.t„uetuFes or any ._1ff>___
i
2\ Whate. is Elangef:ous to human life o is aet 4m 1 to h public health as a
eteEmined
1... the uealtl. nff:,.e..
(3) T.......ff:e:e«t ventilation •11
(4) inadequatesewage « ,.mb
J ~plumbing f .l
(5) Uneloaaliness, a „ea by the Health Off
beings,(6) Alhatevef- r-efidefs air, food or drifAE unwholesome or detrimental to the health of human
y
the Health Offieer.
(7) A stfuet....e e related --e„t feena by a. Building Q f" 1 4 F
-1 r >
tnlrtuFe fOOREI unfit fe.. t........„ e of r_.__.a unlawful, --'
that it is
Eleemed to be Elanger-ous to the life, health, pFE)peEty or- safety of the pubko or the
wam aeoupanis in the event
equipment or is so damaged, deoayed,
• fffultY 00fistruetion of unstable dilapidated,
struewrally unsafe or- of sueh
foundation that e4
' 1 E)Feomp1 11
39
(9) Eleetfieal wiFifig or- wiring Eleviee, flammable liquid eentaifters or other e"ipmeat on
.eh equipment is a hazard t.. life, ..health eAy n Y
safety of the finhlis n
(9) A ♦...,et..«e unfit fe« human eeeupanou ...hene..e« the Building O f:eia1 finds that s..eh
tfuetn«e is unsafe unlawful or, heeause of the dea«ee r.. AA4142h the sa«..et..«e ;s ;n
filth deentaininafiefi, or lank s entaar:on :ll..m:nation o n;tafy e« hearing
faeilifies or ether essential oquipmefit required by the Aftiele or bee ue the
1 t: of the st....eture e stitutes a ha..a«d to the o nts of the straeture
the publie.
(10) Rental hens:..,. that ;s Found ...hole o nn«t to he a enteA nite«ed fi pied
.zoo ...... ........ ..b .... ... ...»..... ... .....,._ ... .. Y"-' ..., .,_ ___��_-, -_____- __ __11C__-
��
Owner shall mecffi aay person whose fiame appears n the tax hill far the «o e.a.. or
he alone o joiatAy o sever-ally with ethe«s has legal title to any dwellingor- dwelling
:th o without aetnal possession thereof of: has eha«ee ear-eor- efit«el Of eAy
dwelling or dwelling unit as eaer ou ..._* ..d it t m ns «ao« ....sree e f t t ) t b,a«diafi
f the state of the owner, ffie«tnagee or assignee of refits. Owner shall of ifielude
nta st or easement en the al pr-opeft. upon ..h;eh the dwelling or- dwelling it is
s
earpef-at:o eha ed with the GRFR fid fi481 ..F .,pal housingdefined bolo who
peffefms sen,i .1 . .R sup-44 remtal housing under- a eentfaet with the owner
D l d. eWng nit shall faean one (1) Ew me _ ed or inteaded toecoupie Me
d as a nit e.,elusiyel., for residential purposes that :s lensed eeted a ..blot for
(i elud' th l
n ma mono., or se«..;eea ..« e ___shn _Tfi.. of expenses) and that :s e eated
ift a boamling house or a single fawiily, two family or fFmhi fafFAly dwelling.
Rental housing shall mbuilding o mobile h e an), bildia ...0 pai4ian thereof, ineluding the
lot, traet or pafeel of land Em ..h:eh the sam-ele aped eantaining_cmy dwelling
I hieh is !eased, rented or sublet to a family OF persea(s) for- eompensafieff
/:neludi e e ..A the_sha of a es\
fRofib �Y /
(Code 1972, § 64-11; Ord. No. 158, 1987, 10-20-87; Ord. No. 130, 2002, §§ 11, 12, 9-17-02;
Ord. No. 124, 2005, § 1, 11-15-05)
Cross-reference—Definitions and rules of construction generally, § 1-2.
40
Sec. 5-237. Purpose.
• This Article is necessary to protect the public health, safety and welfare of the people of the
City by establishing minimum standards governing the facilities, utilities, occupancy, repair and
maintenance of rental housing to safeguard life or limb, health, and property of persons affected
by or subject to the provisions of this Article and the public welfare by regulating and controlling
the use and occupancy, location and maintenance of all rental housing within the City.
(Code 1972, § 64-2; Ord. No. 124, 2005, § 3, 11-15-05)
Sec. 5-238. Applicability.
(a) In General. The provisions of this Article shall apply to all rental housing. All rental
housing shall also eanfeffn to the applieable City Land Use Cede and City Buildiag Cedes
ead y i ffe ♦ t ., fell
.,..........) ..: ciSVCC�]iQGPC-OAT
(1) Legal uses that wea7e peEmitted at the time Of thOif eFeation eF that beeame legal
nRn f b uses as a subsequent.lt of l.......,..,e to the l a*d Use Code;
__,1
(2) Deatel housing that a .. ..s legally ..t :ueted . nde 1. building eenstmetion es
PEA:eted by the 945' ..t the time of their eeastFuet:en afid..hi h rental housing eanf
ofms to
the pEevisions set feFffi in this A14iele
(b) Conflicts. The provisions of this Division shall apply to all matters affecting or relating
• to structures and premises in the City of Fort Collins within the scope and for the aforementioned
purpose. Where, in a specific case, different sections of the City Code specify different
requirements, the most restrictive or specific shall govern.
(c) Application of other codes and standards. Repairs, additions or alterations to a
structure, or changes of occupancy, shall be done in accordance with the procedures and
provisions of the City Building Codes, City Code and any other code provisions adopted by the
City in effect. Nothing in this code shall be construed to cancel, modify, supercede or set aside
any provision of the City of Fort Collins Land Use Code, Fire Code, any other Code adopted by
the City or any state or county law, ordinance or rule or regulation. The provisions in this Article
shall not be construed to abolish or impair existing remedies of any other authorized officers or
agencies relating to the removal or demolition of any structure which is dangerous, unsafe and
unsanitary.
(d) Workmanship. Repairs, maintenance work, alterations or installations which are
caused directly or indirectly by the enforcement of this Article shall be executed and installed in
an approved manner suitable for the intended application and function relative to quality,
strength, effectiveness, fire resistance, durability and safety; and in accordance with this
Division, applicable City Building Codes, and any manufacturer's installation instructions.
(e) Requirements not specified in this Article. Requirements necessary for the strength,
stability or proper operation of an existing fixture, structure or equipment, or for the public
safety, health and general welfare, not specifically covered by this Article, shall be determined
by the Building Official.
(f) Maintenance. Equipment, systems, devices and safeguards required by this code or a
previous regulation or code under which the structure or premises was constructed, altered or
• repaired shall be maintained in sound operating condition. No owner, operator or occupant shall
cause any service, facility, equipment or utility which is required under this Division to be
removed from or shut off from or discontinued for any occupied dwelling, except for such
41
temporary interruption as necessary while repairs or alterations are in progress. The requirements
of this Division are not intended to provide the basis for removal or abrogation of fire protection
and safety systems and devices in existing structures. Except as otherwise specified herein, the
owner or the owner's designated agent shall be responsible for the maintenance of buildings,
structures and premises.
(g) Historic buildings. The provisions of this Article shall not be mandatory for existing
buildings or structures designated as historic buildings when such buildings or structures are
judged by the Building Official to be safe and fit for occupancy in the public interest of health,
safety and welfare.
(Code 1972, § 64-3; Ord. No. 124, 2005, § 4, 11-15-05)
Sec.5-239. Compliance required.
It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve,
remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause
or permit the occupancy in violation of this Article.
(Code 1972, § 64-7)
Sec. 5-240. SubstaadaFd dweflhW Condemnation of unsafe, dangerous, or unfit rental
housing declared to be a nuisances.
All Any rental housing, the associated premises, and any equipment thereon or
portions thereof wi4eh a e that is determined to be subswadaW as defined in d4is Affiele unsafe,
dangerous, or unfit for occupancy pursuant to §§ 5-46 and 5-47 of this Chapter-ffe is hereby
condemned and declared to be a public nuisances and shall be abated by repair, rehabilitation,
vacation, demolition or removal in accordance with the procedure specified in §§ 5-302 48,-5-
30 through 5-3W 53 or through any other procedure allowed by law or ordinance.
(Code 1972, § 64-5; Ord. No. 124, 2005, § 5, 11-15-05)
Secs. 5-241-5-255. Reserved.
42
Subdivision B. Administration
• Sec. 5-256. Enforcement authority; rules and procedures.
(a) In general. The Neighborhood and Building Services Director or other such
official as appointed by the City Manager shall serve as the executive Building Official
("Building Official") in charge of overall administration, compliance, and enforcement of this
Article. In the performance of said duties, such official may delegate authority to the
appropriate technical, administrative, and compliance staff under the supervision of said
official as he or she deems necessary. The Building Official is hereby authorized and directed
to enforce all of the provisions of this Article. For such purposes, the Building Official shall
have the authority to adopt and promulgate administrative rules and procedures consistent with
the provisions of this Article; to interpret and implement the provisions of this Article; to
secure the intent thereof; to enforce all provisions of this Article pursuant to the authority
granted by the Chief of Police under Pafagfao as specified in § 2-504(b)(2) of the Code; and
to designate requirements applicable because of local climatic or other conditions. Such rules
shall not have the effect of waiving structural or fire performance requirements specifically
provided for in this Article, or of violating accepted engineering methods involving public
safety.
(b) Modification authority. The Building Official shall have the authority to grant
modifications with respect the strict application of this Article for individual cases, upon a
written finding that strict application of the requirements this Article are impractical and the
modification is in compliance with the scope and purpose of this Article and that such
modification does not lessen health, life and fire safety requirements. With respect to
• alternative materials or methods, The Building Official may approve an alternative material or
method of construction upon a written finding that the proposed design is satisfactory and
complies with the intent of the provisions of this Article, and that the material, method or work
offered is, for the purpose intended, at least the equivalent of that prescribed in this Article in
quality, strength, effectiveness, fire resistance, durability and safety.
(c) Testing. Whenever there is insufficient evidence of compliance with the
provisions of this Article, or evidence that a material or method does not conform to the
requirements of this Article, or in order to substantiate claims for alternative materials or
methods, the Building Official shall have the authority to require tests to be made as evidence
of compliance at no expense to the jurisdiction. Testing methods shall be as specified in this
Article or by other recognized test standards. In the absence of recognized and accepted test
methods, the Building Official may approve appropriate testing procedures performed by an
approved agency.
(Code 1972, § 64-4(A); Ord. No. 130, 2002, §§ 11, 13, 9-17-02; Ord. No. 124, 2005, § 6, 11-15-
O5)
Sec. 5-257. Inspection.
(a) Whenever necessary to make an inspection to enforce any of the provisions of this
Article or any other section of the Code or Land Use Code or whenever the Building
Official has reasonable cause to believe that there exists in any building or upon any
premises any condition or violation which makes such building or premises a nuisance,
• unsafe, dangerous or hazardous, pursuant to Article II, Division 2, Sections 5-40 et seq.
of this Code, the Building Official may enter such building or premises at all reasonable
times to inspect it or to perform any duty imposed upon the Building Official by this
43
Article. If such building or premises is occupied, the Building Official shall first present
proper credentials and request entry. If such building or premises is unoccupied, the
Building Official shall first make a reasonable effort to locate the owner or other persons _
having charge or control of the building or premises and request entry. If such entry is J
refused, the Building Official shall have recourse to every remedy provided by law to
secure entry.
(b) When the Building Official shall have first obtained an inspection warrant or other
remedy provided by law to secure entry, no owner or occupant or any other persons
having charge, care or control of any building or premises shall fail or neglect, after
proper request is made as herein provided, to promptly permit entry therein by the
Building Official for the purpose of inspection and examination pursuant to this Article.
Any such failure to permit entry upon request pursuant to a valid inspection warrant shall
be a misdemeanor punishable by the provisions set forth in § 1-15.
(Code 1972, § 64-4(B); Ord. No. 130, 2002, §§ 11, 13, 9-17-02; Ord. No. 124, 2005, § 7, 11-15-
05)
Sec.5-258.Maintenance of premises; compliance with codes.
(a) Every owner remains liable for violations of duties imposed by this Article even
though an obligation is imposed on the occupants of the building and even though the
owner has by agreement imposed on the occupant or property manager the duty of
furnishing required equipment or of complying with this Article. Nothing herein shall be
construed as limiting or interfering with in any way the right of any persons to establish _
by written contract specific responsibilities of owners, property managers and occupants
for the purpose of leasing or renting rental housing. Every owner or agent, in addition to
being responsible for maintaining the building in a sound structural condition, shall be
responsible for keeping that part of the building or premises which the owner occupies or
controls in a safe condition, including the shared or public areas in a building containing
two (2) or more dwelling units.
(b) Every occupant of a dwelling unit, in addition to being responsible for keeping in a
clean, sanitary and safe condition that part of the dwelling or dwelling unit or premises
which said occupant controls, shall dispose of all rubbish, garbage and other organic
waste in a manner required by the Code and approved by the Health Officer.
(c) Every occupant shall, when required by this Article, the Code or the Health Officer,
furnish and maintain approved devices, equipment or facilities necessary to keep the
premises safe and sanitary.
(Code 1972, § 64-4(C); Ord. No. 124, 2005, § 8, 11-15-05)
Sec. 5-259.Appeals and administrative review.
Except as otherwise provided for civil infractions in §19-36 et seq., and in order to provide for
final interpretation of the provisions of this Article and to hear appeals provided for hereunder, _
the Building Review Board as established in § 2-117 shall serve in such capacity within the
procedures outlined therein and as set forth in § 5-53.
44
Cross-references—Building Review Board, § 2-117 et seq.; amendments and deletions to
Building Code, § 5-27 et seq.
• cep
it sheAl be unlawful fn 1 alter,
J Y . + b >
any building
ebtaininv a separate F k building b
F a n F n ila d
Zoning
in the manner and ,.
�b to the applivable a Y- 1.nd t;ons ' d TT 6 'F City
Building Code adopted in § 5 26.
(Code 1972, § 64-8; Ord. No. 130, 2002, § 11, 9-17-02)
Son 5 261. De... *t Bee..
Whenever- a building p" ...itis a-iured by the U i fe. .... Building Gede adopted a
A 5 'lam the
appropriate fees shall be paid to the DifeeteF of Building and Zenin as specified in theUaifeilrt
(Code 1972, § 64-9; Ord. No. 130, 2002, § 11, 9-17-02)
l i L. peffoit shall ll b /.jeet to inspeetion by the pir-eetRr F ZZ •1.1' a a 7 b
• .adopted is § 5 76
6.
Sec. 5-263 260. Certificate regWred for occupancy of dwelling units contained in single-
family or two-family dwellings it excess of limit; conditions; revocation or suspension.
(a) No dwelling unit contained in a single-family or two-family dwelling shall be
occupied by more persons than the number of persons permitted under Section 3.8.16 of
the Land Use Code untss a certificate of occupancy for an extra-occupancy rental house
(boarding house) has teen issued for such dwelling by the Building Official.
(b) Terms and conditions imposed upon a certificate of occupancy as a boarding house
may include, but are not limited to, compliance with all state laws, City ordinances, rules
and regulations, and court or administrative orders.
(c) In determiimg whether to revoke or suspend a previously issued certificate of
occupancy, the Building Official may consider any history or pattern of Code violations
related to the use of the property, or any failure on the part of the applicant or the
applicant's property manager or tenants to abate or correct violations at the property as
ordered by au;enforcement official,referee or judge.
• (Ord. No. 124, 2005E § 10, 11-15-05)
Sec. 5-264 261. Powting; inspection of books and records; disclosure.
45
(a) Any certificate of occupancy for a boarding or rooming house specifying the number
of allowable tenants must be posted on the back of the front door of the dwelling.
(b) Whenever reasonable cause exists to believe that a violation of the Code or Land Use
Code has occurred at any rental dwelling unit, the owner and property manager, if any, of
said unit shall, upon request, make available to the City all lease, rental payment and
tenant information pertaining to the unit, together with the written disclosure statement
required by Subsection (c) below.
(c) Any person selling or leasing a dwelling unit shall, upon execution of any deed,
contract for purchase and sale, or lease pertaining to such unit, provide all purchasers,
lessees or sublessees of such unit with a written disclosure statement, on a form provided
by the City and signed by all parties to the transaction, specifying the maximum
permissible occupancy of such unit under Section 3.8.16 of the Land Use Code. In the
case of a lease, said form shall be attached to an original of the lease agreement and shall
be retained by the owner of the unit and the property manager, if any, for the duration of
the lease term for the unit.
(Ord. No. 124, 2005, § 10, 11-15-05)
Sec. 5-265 262. Violation; minimum penalties.
For violations other than those committed as a result of any building, structure, equipment, or
premises being found by the Building Official to be 'Pnsafe, dangerous, unfit for human
occupancy, and declared a nuisance pursuant to § 5-240, An owner, property manager or
occupant hereby commits a civil infraction by violating any,provision of §§ 5-239, 5-263 acid 5-
264, 5-276, {other provisions?}. A finding that such civil infraction exists shall subject the
offender(s) to any or all of the following actions:
(1) The imposition of a civil penalty of not more than one thousand dollars ($1000.) for
each violation, with each day during which the violatkin occurs constituting a separate
violation;
(2) An order to comply with any conditions reasonably calculated to ensure compliance
with the provisions of this Chapter or any approval or certificate granted under this
Chapter;
(3) Injunction or abatement proceedings;
(4) Revocation or suspension of any permit or certificate issued by the City with respect
to the dwelling.
(Ord. No. 124, 2005, § 10, 11-15-05)
Sec. 5-266 263. . Transfer of Ownership.
between h eAd A-Rstlwq: that imposes attempts to delegate- the
pr-e"Ses to the edler-.
46
The owner of any dwelling unit, building, structure or property who has received a
compliance order or upon whom a notice of violation has been served shall not sell, transfer,
• mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the
provisions of the compliance order or notice of violation are in compliance, or until such owner
shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance
order or notice of violation issued by the Building Official and shall furnish to the Building
Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee,
acknowledging the receipt of such compliance order or notice of violation and fully accepting
the responsibility without condition for making the corrections or repairs required by such
compliance order or notice of violation.
(Ord. No. 124, 2005, § 10, 11-15-05)
Secs.5-2b7-264-5-M 274. Reserved.
Subdivision C. Standards
Sec. 275. Minimum standards for occupancy.
(a) In general. The provisions of this Article shall govern the minimum conditions and
standards for light, ventilation and space for occupying any rental housing as defined in § 5-40.
The owner of the structure shall provide and maintain light, ventilation and space conditions in
compliance with these requirements. An owner shall not permit another person to occupy, any
premises that do not comply with the requirements of this Article.
• (b) Construction. Buildings or structures may be of any type of construction permitted by the
City Building Codes or the Land Use Code.
(c) Shelter. Every building shall be weather protected to provide shelter for the occupants by
preventing intrusion of the elements and to exclude dampness to the extent feasible.
Sec. 5-276. Lighting and ventilation.
(a) Habitable spaces. All habitable rooms within any dwelling unit and any guestroom shall
be provided natural light and ventilation by means of at least one window of approved size
facing directly and opening directly to the outdoors or shall be provided
with permanent artificial lighting fixtures controlled by approved wall switches located adjacent
to the access doorway of such rooms and be provided with mechanical ventilation as specified in
this Article. In order for any exterior opening to comply with requirements for natural light and
ventilation, it shall be facing and open directly onto a street or public alley or a yard or court
located on the same lot as the building, except required windows may open into a roofed porch
where the porch:
(i) Abuts a street, yard or court;
• (ii) Has a ceiling height of not less than seven (7) feet;
(iii)Has the longer side at least sixty-five (65)percent open and unobstructed.
47
(b) The minimum total glazed area for every habitable space shall be 8 percent of the floor
area of such room; and the total openable area of the windows in such room shall be equal to at
least 45 percent of the minimum glazed area required in this Section Wherever walls or other
portions of a structure face a window of any room and such obstructions are located less than 3
feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such
window shall not be construed as facing directly to the outdoors nor to a court and shall not be
included as contributing to the required minimum total window area for the room.
Exceptions:
(1) Where natural light for rooms or spaces without exterior glazing areas is provided
through an adjoining room, the unobstructed opening to the adjoining room shall be at
least 8 percent of the floor area of the interior room or space, but not less than 25 square
feet (2.33m2). The exterior glazing area shall be based on the total floor area for which
such glazing is intended to provide natural light.
(2) In lieu of required exterior openings for natural ventilation, a mechanical ventilation
system may be provided. Such system shall be capable of providing two (2) air changes
per hour in all guestrooms, dormitories, habitable rooms and public corridors. One-fifth
(115) of the air supply shall be taken from the outside. In bathrooms, water closet
compartments, laundry rooms and similar rooms, a mechanical ventilation system
connected directly to the outside, capable of providing five (5) air changes per hour, shall
be provided
M\ Hasa e:ling height of not leas •ha.. a ., (7) fo
(3) Has the lenge. side at least sixty five (65) p e.,t open and H....i.at....ate,1
(d c) Service room opening. A required window in a service room may open into a vent shaft
which is open and unobstructed to the sky and not less than four (4) feet in least dimension. No
vent shaft shall extend through more than two (2) stories.
(e d) For the r.. e e of dete g light and ventilation ntaanyraaffl Fnayhe
�'
eans
'A A as a oAian o f aj adjoining ing � when ;a half( \ of the afea of the a ,all
r a
is open and unebstirueted, o*eept light and ventilation fer an intefier room Fflay be supplied f+eFn
an adjoining witeFier-r-eefn provided the following eenditions afe met:
(1) The a .all : ,ideA w4h a „ehle_inte«..«,...a..:....a•
(2) Pi adjoining ...
has openable e*teriaF openings s fef light and ventilation as
. id in this Seetion.
(f) T 1'eu F Y d a openings s for natural , eotilntion _ esh An:anl
system may be provided. Stieh system shall be eapable of p,-eviding twe (2)
in all guestfoaffis, > car
supply shall he al F.. tha #gide In bathfoems, water elaset eompiAffients, 1 a
.l similaf Feems, a meeh 1 ventilationsysd di I te the ,tside pable ..F
Exterior doors and windows. Every
window, other than a fixed window, shall be easily openable and capable of being held in
48
position by window hardware, and shall be weather-stripped to limit air infiltration to the extent
feasible. All exterior doors, door assemblies and hardware shall be maintained in sound
• condition, weather-stripped to limit air infiltration to the extent feasible.
(e) Exterior doors. All exterior doors, door assemblies and hardware shall be maintained in
sound condition, weather-stripped to limit air infiltration to the extent feasible.
(f) Insect screens. During the period from April 1" to Nov 1", every door, window and other
outside opening required for ventilation of habitable rooms in rental housing and any other such
exterior such openings in food preparation areas, shall be supplied with approved tightly fitting
screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every such swinging door
shall have a self-closing device in good working condition.
(g) Common halls, stairways, and other spaces. Every common hall and stairway in
residential occupancies, other than in one- and two family dwellings, shall be lighted at all times
equivalent to at least a 60-watt standard incandescent light bulb for each 200 square feet (19 m2)
of floor area or equivalent illumination, provided that the spacing between lights shall not be
greater than 30 feet (9144 mm). All other spaces shall be provided with natural or artificial light
sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space
and utilization of the appliances, equipment and fixtures.
(h) All publie hall.. ;` stairs and other exit.. �.ays shall be adequately lighted at - times -
\\
aeeordanee with the Uaifofm Building Code as adopt_,, in § 5 26 Bathrooms and toilet rooms.
Every bathroom and toilet room shall comply with the ventilation requirements for habitable
• spaces, except that a window shall not be required in such spaces equipped with a mechanical
ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet
room shall discharge to the outdoors and shall not be recirculated.
(Code 1972, § 64-12)
Cross-reference—Electrical standards, § 5-80 et seq.
(a) Eveff dwelling unit shall he n .ide.l with a bathroom equipped l '1'
ties
eansisting of a . ...ter..leset layat@Fy and e:th a bathtub shower.
hall be nrFlVirind en each ifleer at l itJ d lavatory a
aeoessible ftem a publie hallway. Additional water- elosets, !a-vatoiies affEl baths shall be
�
pf:evidod on eaeh Rear at the rate ef ane (1) for- every al"' ten (10) guests er
.„berm egieess ften (lm
� )
sinks(e) Eaeh dwelling unit shall be pFEwided wA a k4shen. Every Welien sh-11 U_
a sinks of sifF41afly b h
peFF4tted.
of wa4er supply aftEl sewage disposal system. All plumbing fixtures shall be eafineeted to an apffav@d System
provided
49
sifffilarlTnenabserbeet fnateria, Wall, and Rears in s1,ewer- afeas shall be of
nonabsorbent ial All F:
plumbing Mare taps and vents_ shEdl be installed ill
a
aeeefdanee with 1. T T 'F Ffa Plumbing !'e,le .. adopted in k G 125
( ) Walls d floors of water eloset a m pa ftfnents a e pt in dwellings shall be finished in
,, 1. F 1. i T 'F Building Code .. adopted in A G 26
accvraxctncc"^ nSc..»., .... » .,t,_."'___ u .. _...
(f) Every water eloset, bathtiab E)r shower rvquiFed by this eade shall be installed in a
Feefft l.' h will eFFerd pm eJ to the o „Y ant Ar-eem ...l.lel. a ..der eleset is1 A hall be s « d f..e.., food p i .. .. t.f.,..e rooms
e ete e ra+ o o . J tight fitting
( ) A11 ..:tafy fae:l:t:e.. shall be :....t.,11ed and Eflainwined in safe and sanitary ..eendit:o
and in meardanee with all appheable laws.
Sec. 5-277. Required Sanitary Facilities
(a) Dwelling units. Every dwelling unit shall be provided with a bathroom equipped with
facilities consisting of a water closet, lavatory and either a bathtub or shower. The lavatory shall
be placed in the same room as the water closet or located in close proximity to the door leading
directly into the room in which such water closet is located. Each dwelling unit shall be provided
with a kitchen. Every kitchen shall be provided with a kitchen sink which shall be maintained in
a sanitary, safe working condition. Wooden sinks or sinks of similarly absorbent material shall
not be permitted. A kitchen sink shall not be used as a substitute for the required lavatory and
kitchen sink.
(b) Rooming houses and extra occupancy rental houses. At least one water closet, lavatory
and bathtub or shower shall be supplied for each four rooming units.
(c) Hotels. In hotels, where private water closets, lavatories and baths are not provided, there
shall be provided on each floor at least one (1) water closet and lavatory and one (1) bath
accessible from a public hallway. Additional water closets, lavatories and baths shall be provided
on each floor at the rate of one (1) for every additional ten (10) guests or fractional number in
excess of ten (10).
(d) Walls and floors. Walls and floors of water closet compartments except in dwellings
shall be finished in accordance with of the City Building Codes.
e Privacy water closet, bathtub or shower required Y Y by this code shall be installed in a
room which will afford privacy to the occupant. A room in which a water closet is located shall
be separated from food preparation or storage rooms by a tight-fitting door.
(f) All plumbing fixtures shall be connected to a sanitary sewer or to an approved private
sewage disposal system. All plumbing fixtures shall be connected to an approved system of
water supply and provided with hot and cold running water necessary for its normal operation.
All plumbing fixtures shall be of an approved glazed earthenware type or a similarly
nonabsorbent material. Walls and floors in shower areas shall be of nonabsorbent material. All
50
I
plumbing fixture traps and vents shall be installed in accordance with the applicable City
Building Codes.
• (g) Kitchens and bathrooms in rental dwelling units shall be provided with approved non-
absorbant floor covering materials.
(Code 1972, § 64-13)
Cross-reference—Plumbing standards, § 5-124 et seq.
Sec. 5-278. Type of construction; weather protection required.
(a) Buildings or structures may be of any type of construction permitted by the City
Building Codes as adopted pursuant to § 5-26, et seq..
(b) Every building shall be weather protected to provide shelter for the occupants against
the elements and to exclude dampness to the extent feasible.
(Code 1972, § 64-14)
Cross-reference—Building construction standards, § 5-26 et seq.
Sec. 5-279. Maintenance and installation of fuel-burning and mechanical equipment.
• (a) Space heating. All habitable rooms within any dwelling and guestroom shall be
provided with permanent heating facilities capable of maintaining a room temperature of
sixty-eight (60 68) degrees Fahrenheit(20°C) in all habitable rooms, bathrooms and toilet
rooms based on the winter outdoor design temperature indicated in Chapter I I of the City
Residential Code, measured at a point three (3) feet above the floor and three (3) feet
from the exterior wall. Portable fuel-burning heating appliances are prohibited.
(b) All mechanical equipment within any dwelling and guestroom, including vents, shall
be maintained in a working, safe condition and shall be installed in accordance with all
applicable laws in effect at the time of installation.
(c) All mechanical equipment within any dwelling and guestroom shall be of an approved
type for the location and all gas or liquid fuel-burning equipment shall have an approved
automatic safety fuel shutoff, an accessible manual fuel shutoff valve, a listed appliance
fuel connector, and a vent as specified in the City Mechanical Code and City Fuel-Gas
Code.
(d) All mechanical equipment within any dwelling and guestroom shall be supplied with
adequate circulation air and combustion air as specified in the City Mechanical Code and
City Fuel-Gas Code .
(e) A gas or liquid fuel-burning appliance shall not be located in any bedroom or
• bathroom of a dwelling or in any confined space with access only through such a room or
space unless the appliance is of an approved direct-vent type. Gas cooking appliances
shall not be used for space heating of any portion of a dwelling or guestroom.
51
(f) Solid fuel appliances and fireplaces shall not be located in any sleeping room unless
permanent combustion air from the exterior or from spaces communicating directly with
the exterior is provided and is adequate to insure proper combustion and chimney
operation, provided further that the total area of such openings shall not be less than one-
half('/2) of the cross-sectional area of the chimney serving the appliance or fireplace.
(g) Ventilation for rooms and areas and for fuel-burning appliances shall be provided as
required in the 13R&Fm City Mechanical Code and City Fuel-Gas Code. Where
mechanical ventilation is provided in lieu of the natural ventilation required by § 5-276,
such mechanical ventilating system shall be maintained in operation during the
occupancy of any building or portion.
(Code 1972, § 64-15(A))
Cross-reference—Mechanical standards, § 5-106 et seq.
Sec. 5-280.Maintenance and installation of electrical equipment.
(a) Equipment. All electrical equipment, wiring and appliances shall be installed and
maintained in a safe manner in accordance with all applicable laws. All electrical
equipment shall be of an approved type.
(b) Electric power. Where there is electrical power available within three hundred (300)
feet of the premises of any building, such building shall be connected to such electrical
power.
audets er one (1) .eh eenvenienee outlet and one (1) supplied eleetrie light fixture.-
Every
.ate« eleset a ..aAment bath«eem la+mdry r f,.«..aee reem and ....1.1:..
hallway shall ..ent..:., e♦ least one (1) supplied eleek4e light fixture. All autlet.. with
r-eaeb of laiiftdFy tfay, washing maekine, dfyer- or piping fi:mst be grounded. All lights in
laundry aFeas Faust be previded with weAl switehes or luave. an-Res-nduetive pulls. All
lights in batlifeems mast be previded wit.4 wall switcheq aff have, fRo-Beenduetive pulls. All
(c) Extension cords. All extension cords which have been installed in any dwelling by
being wired directly to permanent wiring or in inside walls, through floors, under carpets,
attached to trim or walls and by similar methods shall be eliminated, and permanent
outlets shall be installed to provide necessary electrical demand.
(d) Circuits. Each branch circuit, feeder, appliance and sub-panel shall have overcurrent
protection not exceeding its rating.
(e) Electrical supply outlets. Every habitable space in a dwelling shall contain at least two
separate and remote receptacle outlets. Every laundry area shall contain at least one
grounded receptacle or a receptacle with a ground-fault-circuit interrupter. Every
bathroom shall contain at least one grounded receptacle which shall have ground-fault-
circuit-interrupter protection.
(f) Electric light fixtures. Every public hall, interior stairway, exterior side of an entrance
or exit door, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room
shall contain at least one wall switch-controlled electric lighting fixture. Habitable rooms
52
other than those listed may be Provided with one wall switch controlled one electric
receptacle in lieu of the wall switch controlled electric lighting fixture.
• Exception: Public exterior stairs and doors may be provided with automatic
lighting controls that illuminate the area from dusk to dawn
(f) Electric light fixtures. Every public hall, interior stairway, toilet room, kitchen,
bathroom, laundry room, boiler room and furnace room shall contain at least one wall
switch controlled electric lighting fixture. Habitable rooms other than those listed may be
provided with one wall switch controlled electric receptacle in lieu of the wall switch
controlled electric lighting fixture.
(Code 1972, § 64-15(B))
Cross-reference—Electrical standards, § 5-80 et seq.
•
•
53
Sec. 5-281. Exits, safety,emergency facilities,and stairways.
(a) Exits Every dwelling unit or guestroom shall have access directly to the outside or to a
public corridor which leads to an exterior exit. Such exits shall be maintained in a safe condition
and installed in accordance with all applicable laws at the time of their construction and shall be
enlarged or expanded in relation to any increase in occupant load, alteration, addition or any
change in occupancy as defined in the lni€err City Building Code as adopted :., § c . For
Group R, Division I occupancies, as defined in the I4iif4�i4:A City Building Code as adepted in §
5-26 more than two (2) stories in height, the provisions of Appendix Chapter 34, Existing
Buildings, or the equivalent provisions of the City Building and Fire Codes, whichever is
currently in effect, shall apply. All occupants shall have unobstructed access to the public way.
(b) Emergency escape or rescue openings. Every sleeping room below the fourth story
shall have at least one (1) openable window or exterior door approved for emergency egress or
rescue. The shall he em epreinsidee r
hle f..em th tnYevide a full leaf opening without the ose
renD
of sepffate tools. All egress windews shall eanfefm to Chapter 12 of the Uaifsfm Building
as adopted in this Chaptef meept as previded in this Seetion. When sleeping f-eeffls afe fie
provided withrb gJ effess as aYe :f:ee.l TT n the nife.m Building Code the fell
Provisions shall ftppl�-
(1) A smoke .leteeten eenferm:ng to the TTn:fens 420:ldifig GOde f. : na. pstr....ti..n shall
be insWied within eseh sleeping mafn et having anemergeney ndew
,l h Q h .7 teeter h 11 h 1 tr:eally te..eo etea with p .
ilT']tQLG41S17C1TTi.VQGZTCIG[GGCOlTIIIPaV�GIGGQlGRI17"L32[OLT.O[[[IGvwu «.a.. r 1.......n..n
sine1 Aeteeter 1 eA en the all or ea: ift the hall giving aeeess to sleeping
Where to 1 id d h , stairway, the p
rooino�rnoi�vecco:rco vicvpiir6i'ooiixsio--pro'r"iova cj�a ., »J.
smokeEleteeterA shall he leeated at the senter of the ee:l:ng A:re6dy nl.....e the
one /1\ will naiise aetivat:en of ethers s m.ataneeus/..
(2) T additien to the edi «t any sleepingrewn ..,:th: _ A ell: 19
r o ea where
unit
h is 1 a h 1 the first stony and s .eh sleeping r n..t n ..:.lea with aft
egress «.lew hn.,:«.. a sal height of sixty
(60) inehes above the Flee« and a
able A:mension of eighteen (19) nehes ,eh sleeping foom shall have
ra
une
h n *it efnergeney
egress ndew nfofrfling to the
rT .f.`____efffl Building Gode j adoift ng habitable reata .. ..the. than sleeping Q..eh exit
a
er
rgnpay ere .l ... shall b . meetl« e e lee_ated frem the rp s
�:ral exit a distance a
y ti
speeified in the Uaifefm Building Gode fof- affaageFAeat of exits affd shall be totally
ono
b a shall be Ype s•Da ady identified with a a having letters fie less than One (1)
ineh high stating e e«D eJ �..:t and shall be readiI5, are nable requiFing no e ♦hap Opp(1) ..plateh:ng epefation. Required emergency escape openings shall be maintained in
accordance with the code in effect at the time of their construction, and no less than the
following:
(1) Required emergency escape and rescue openings shall be operational from the inside
of the room without the use of keys or tools.
(2) Bars, grilles, grates or similar devices are permitted to be placed over emergency
escape and rescue openings provided such devices shall be releasable or removable from
the inside without the use of a key, tool or force greater than that which is required for
normal operation of the escape and rescue opening.
54
(3) The minimum net clear opening size shall comply with the City Building Code that
was in effect at the time of construction or shall provide a minimum net clear opening
• and no less than 720 square inches whichever is greater and not have a sill height greater
than 48 inches as measured above the interior floor level of the room in which such
opening is located.
(c) Stairs. Every interior stairway and every exterior stairway shall be provided with handrails as
specified in the I4e4erm City Building Codes and shall be securely fastened to the wall or to a
sturdy balustrade. Handrails need not be installed on stairways providing access to unused cellar
or attic space. Stairway stringers shall have solid bearing at top and bottom. Public stairways
used for egress routes in areas serving more than one (1) dwelling unit or guestroom shall have
the following minimum dimensions:
(1) A width of thirty (30) inches;
(2) Seventy-five (75) inches of headroom measured vertically from the nose of the
tread at tread level to the soffit above;
(3) The rise of steps in such stairways shall not exceed eight (8) inches nor shall the
tread be less than nine (9) inches in width;
(4) The greatest riser height throughout any one (1) flight of stairs shall not exceed the
smallest by more than three-eighths (3/8) inch.
• (d) Guardrails shall be located and installed as specified by the t44ferm-City Building
Codes e*eept that r w afld extefier landifigs less .h .L..4_ _ ( 6) ine -- above
gf-ade se'-Afig 0filY Effle (1) dwelling unit may have gitafdrails fie less than twenty four-
(24) inehe.. high.
��Trm�n•
(e) Smoke alarms. Single or multiple-station smoke alarms shall be installed and maintained
in Groups R-2, R-3, R-4 and in dwellings not regulated in Group R occupancies, regardless
of occupant load at all of the following locations:
1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity
of bedrooms.
2. In each room used for sleeping purposes.
3. In each story within a dwelling unit, including basements but not including crawl
spaces and uninhabitable attics. In dwellings or dwelling units with split levels and
without an intervening door between the adjacent levels, a smoke alarm installed on the
upper level shall suffice for the adjacent lower level provided that the lower level is less
than one full story below the upper level. Single or multiple-station smoke alarms shall
be installed in other occupancy groups in accordance with the City Fire Code.
(1) Power source. In Group R occupancies and in dwellings not regulated as Group R
occupancies, single-station smoke alarms shall receive their primary power from the
building wiring provided that such wiring is served from a commercial source and shall
be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries
• are low. Wiring shall be permanent and without a disconnecting switch other than as
required for overcurrent protection.
55
Exception: Smoke alarms are permitted to be solely battery operated in buildings
where no construction is taking place, buildings that are not served from a
commercial power source and in existing areas of buildings undergoing alterations or
repairs that do not result in the removal of interior wall or ceiling finishes exposing U
the structure, unless there is an attic, crawl space or basement available which could
provide access for building wiring without the removal of interior finishes.
(2) Interconnection. Where more than one smoke alarm is required to be installed within
an individual dwelling unit in Group R-2, R-3, R-4 and in dwellings not regulated as
Group R occupancies, the smoke alarms shall be interconnected in such a manner that the
activation of one alarm will activate all of the alarms in the individual unit. The alarm
shall be clearly audible in all bedrooms over background noise levels with all intervening
doors closed.
Exceptions:
1. Interconnection is not required in buildings which are not undergoing alterations,
repairs, or construction of any kind.
2. Smoke alarms in existing areas are not required to be interconnected where
alterations or repairs do not result in the removal of interior wall or ceiling finishes
exposing the structure, unless there is an attic, crawl space or basement available
which could provide access for interconnection without the removal of interior
finishes.
(f) Carbon monoxide alarms.
(Code 1972, § 64-16)
Cross-reference—Fire prevention and protection, Ch. 9.
Sec.5-282 Occupancy Standards.
(a) Minimum space requirements. All of the provisions of this section shall apply except as
otherwise provided pursuant to Section 238 and Section 256 of this Article.
1. Minimum room dimension. A habitable room, other than a kitchen, shall not be less
than 7 feet (2134 mm) in any plan dimension.
2. Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas,
bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of
not less than 7 feet(2134 mm).
Exceptions:
(i) In one- and two-family dwellings, beams or girders spaced not less than 4 feet
(1219 mm) on center may project not more than 6 inches (152 mm) below the
required ceiling height.
ii Basement rooms in one- and two-family dwellings occupied exclusively for
O Y g P
laundry, study or recreation purposes, may have a ceiling height of not less than 6
feet 6 inches (2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear
height under beams, girders, ducts and similar obstructions.
56
I
(iii) Rooms occupied exclusively for sleeping, study or similar purposes may have
a sloped ceiling over all or part of the room, with a clear ceiling height of at least
• 7 feet (2134 mm) over not less than one-third of the required minimum floor area.
In calculating the floor area of such rooms, only those portions of the floor area
with a clear ceiling height of 5 feet (1524 mm) or more shall be included.
(3) Area for sleeping purposes. Every bedroom shall contain at least 70 square feet (6.5
m2) of floor area.
(4) Area for general habitation. Except for kitchens, bedrooms, bathrooms, hallways and
storage rooms, dwelling occupancies shall provide at least 150 square feet of habitable
floor area for general use.
(e) Water closet accessibility. Every bedroom shall have access to at least one water closet
and one lavatory
(f) Prohibited occupancy. Kitchens and non-habitable spaces shall not be used for sleeping
purposes.
(g) Efficiency dwelling unit. Nothing in this section shall prohibit an efficiency 4vi+ig
dwelling unit from meeting the following requirements:
(1) An efficiency dwelling unit shall have a clear floor area of not less than 2- 9 150
square feet (20.4 m2). These required areas shall be exclusive of the areas required by
Items 2 and 3.
(2) An efficiency dwelling unit shall be provided with a kitchen sink, cooking appliance
and refrigeration facilities, Light and ventilation conforming to this code shall be
provided.
(3) An efficiency unit shall be provided with a separate bathroom containing a water
closet, lavatory and bathtub or shower.
(h) Food preparation. All spaces to be occupied for food preparation purposes shall contain
suitable space to prepare and serve foods in a sanitary manner. There shall be adequate
facilities and services for the sanitary disposal of food wastes and refuse.
(i) Cooking facilities. Unless approved through the certificate of occupancy, cooking and
cooking facilities or appliances shall not be permitted in any rooming unit or dormitory unit,.
Sees. 5 282-5 300. Reserved
See. a 301. Designated.
• OF P014iOH ineludingany dwelling 6
uestFaeffi of Suite Of FBOMS, Of: th
eanditionc to an extent tha4 endangers ti life, i.l health, safety or lc
are E)f the
57
(1) inadequate sanitation, ...h:eh shall :..elide but shall not he 1:...:ted to the Fallowing:
a. T b F or impreper ate ele et la atoFy, bathtub o shower ift a dwellifig :t•
h T 1 f of improper fate. elosetae a..a eres an a. re f„lt : d htht..hs o showers her of
�T;
e. T k F h d eold Panningwater to ..l..ff.h:f.a fixtures a hotel.Y ..b fief»..,.. ... »hotel;
d 7 k f h and eold r ag fate.to f.l..ff.h:f.a fixtures : a dwellinge. ....:t.
T aek Of adea..ate hearif.a fae:l:tien•
F T el Of.. of rd+ ..t'lt;
...Yreee oYe aa o e1+ fea f.oen,..riff
g, Iaek of light and ventilation fequ4ed by this Ai4iele�
h• re T ael. of required eleetrleal light
'b+
i. Dafflpness of habitable rooms;
j. Lack of sonneetion to required sewage disposal systeois;
1. T ael of or:.....ra..er L:tehea sink in a dwelling....:t
(2) c al ha..ards shall :..elide but shall fiat he limited to the Fell.....:.....
a. Deteriefated or-inadequate foundations;
h Tl f deteriorated r teal fleorif.a er Flom �i�OA •
• »YY... �
e.
Peeri or floor- .. a.ort of insufFleie..t size ton + imposed leads with safet...
b YYEl.
d Members f ... f.atltio..s a ..other ei4eal n orts that walls, Y "rrf. split,
te defeeti..e material or deter;oraNe..e. Members of walls, pa4itions or- othef veftieal sappof4s that are of ifisuffieient size to
red loads w;0- safe
f Tai h F '1' b roofs, eiling and roof s ,rr.f er orma arh l f.etal ... ...hers wh:eh
sag, split or buek4e due to defeetive mateFial of deterioration;
Member-s F ceilings, a oofs eiling and reef nurr.fiat.. or other her-izental mefftbffs thatafe f insuff4eient siFe tanaffy imposed leads with safe
h Pi ep, er ehi nej s whiek list bulge or settle Elite to defeetive material oF
detefieFation;;
58
I
S •
(13) A11 h 'l.l'ngs or- «....tiaras o :e.l for living, sleeping, . okin.. e.. dining purposes
h' h designed .. intended t bed for n.�r_h ..
ene to use 1 e
eee. e 302 Standards ror- order-to repair-, seas or demolish.
The following standaMs shall be followed by the Pireetof of Building and Zoning and b)
Building Review Board if an appeal is tAefi in ordering the repair, vaea+ien of demolition of7mi-y
substandaM building or stmeturei
!1\ TF afty building is deelafea .. s..het.,«.1ff.1 building under
Fepaired ift aeeordanee with the Uniform Building ' herein,
shall of
...,.h del:..hea a+the «t:..« of the building ,.
/'/\ if h building ..t . et.. e eh «A:ti.. o to make :t immediately dangerous to
i ..
the life, ji", propeFty or safety ef the publie or of the oeeupants, it shall be ordered to
(Code 1972, § 64 20. Ord nl,. 130, 2002 § 11 n 17 024
See. e 303 Notice . vaeate.
(a) Evefy notiee to vaeate a stibstandffd building in addition to being sefved as provided
in A C 107 shall be o ted atupon ..eh e..:t of the building, and shall be
r
iB
substantially the fall.....:«..feEm•
DO NOT ENTER
UNSAFE A BC To OCCUPY
it is a fnisdefneaRE)fry this buildingor ..t refflove r defa the ,.tie
Direetof of Building and Zoning
/h\ Whenever sueh notiee is posted, the Direeter of Ri 'i Building and oaifi shall El...le
notifieg-fign in the fiatiee a d issued by the Difeetar tifidef AX c 306 afiEl 5 307
pefson shall remain ift or- enter the building whieh has been sE) posted, exeept that efl"
may be made to r-epa4, demolish or femove sueh building ofider- peffnit. No pefson shall
rsl-mave or d_r__ afty eh fiotiee ..Fte :t is posted until the fequedr-epairs, Elemelitieft
:
of 1 have heen 1 a a e ee. f:tieate of o issued .. ..«t to teomhe
Y
provisions ef the Ua&rm Building Code adopted in § 5 26. Any person violating +
Subseetion hell ,Ye ..et: « he guilty of f ..ae
a
(G a l cn2 § 64 71. Ord No. 130, 2002 §§ 1 1 13, n 17 02)
-Proved-we for- appeal.
aetion F h Tl' f Building .l Zoning an der- this A.a:..le h.. filing the ..FF:ee of the
o
60
Diroetor a written appeal aft �affas provided. Sueb form shall also be aGearripailied with
€al-1 g
i..t.e.lu,t.ng in the appeal;
(3 ) A brief st to .t setting Fart1. the legal fltffeSt ._F _t Of the
e. _ -
ollarnS in
building or the land involved i h notiee d a
(4 ) A brief statement : ordinary and eolleise l.,r.gus f 1 speeif order
s
protested together w-i h 1 faets 1 a te support 1. -terajons- F -
f5 1 A_brief s4aterriemt in y eelanguage d 1. 1• soughtF Fand h
f-easons why it is elairried the protested order er aetiens should be reversed, modified or
rnhe ...ise set aside-,•
(6 1 The signatures of 11 parties narned as appellants a 1 FF' • 1 mailing as
rr ,
(7) The veFifieation by deelafa4ioo under perialty of perjury of at least one (1) appellant as
to the truth of the matters stated in the appeal.
(b) The appeal shall l.o filed ...it-hin thirty (20) days ffera the date of
___ _ -- Of
• aetion-of_the_l_li eet F Building d Zoning. 1F 'la• �afuet -
PO
as to make it irranediraely dangerous to
adiaeent property and ordered ^tea _ 1. 1.a _>_ -_peal shall
C10day' FfFlffi the date F 1. seFviee f 1. nE)tiee-;4Rrt--RF&r F thp pi
(e) Upon F-eseipt of any appeal filed Pursuant to this Seetion
the shall present it at the oex4
regular- a .. meeting eF the Building Review Board �
([1) 11PRR the l..rl ehedulea a ng of the Building Review Board,
five (5) days ner more than forty five (45) days fforn the date of appeal filing, a hearing f9f4he
affeal
shall
be heard pursuant to the proeedUFOS Speeifi@d in c
(Code 1972, § cn 77. Bra No. 130 2002 c§ 1 1 1 3 n 1 42
CFOSS FefeFeHee u,.ilding Review Board, 2 117 et seq.
See- 5 305. Repair of substandard buildings
building and has found ueh buildingis a stibstaRElard building, 1-
e Difeeto
61
See. e 306 lv t• a repaof substandard T..,:Td;aa
e
Tl, Tl' or- f B 'ld' d Zoning shallssue order and «der directed to the « and n e
a a
/i\ The street ddfess d a legal dese«7nt:eft aff:a:ent f..« :dent:A..atiOR Of then e
a r
upon
.ahieh the h..:ld:n.. :s leeated•
(2) Astatementhiat h Tl:«e F Building ete of and Zoninghas found the building be-
substandard
with a brief d a e dese«:..Y oft:e.. F the eand:t:.,ns found to render the
/3\ A sta+efnefif h aetion requifed to he talen as deter"fied by the Direste.. of
B_ 'ld'fig d Zoning wh:eh shall state .. a (1) ..r fnefe eF the
TL h Tl' F B..:ld:nw. a..d ']nn:nw. has dete..n:ned-t
. L__�.�.,.�,. �,. Y..__»_._a deed .______a deed __ g
be Y eY. that all q. r d h order shall a a a red ..e miks he se .wed a..d the
h date f the or-der ..d plated with:.. ,eh time the Di«estaf: shall
dne, hl under all o f the s msta..aen
or Fe m
h TF h Tl' L Building n.. and '],.sins has determined t
.�.......... ... .�..__..___a and �.______g ____ deter__ ideed ___. the build._ .�
be d h d hall re ire that the building .. st.•,.nta«e shall he gated
> Zuvl,id ,. o
h' a. oei4aifi time f the date F the or-der d d by h Di « to
v
e. TF h Direetof F Building and Zoning has _
a
be
demolished, h order M 11 require a e .. ld tht th h : :..ao he ..aced ..with:
tifne as the Tl' shall d r-easonable eed s ..t.w (60) gays ffe
h date F h d • hat all eve wed rna ...« its he se within
red sixty (60) days-
ffofn the date f h d d hat h demolition he e slated ...:thin c ieh time
gs h T>' h 11 determinenahls
1 h a d not eed . :thin h,s tifHe e:F:ed the DiFeet...- of
'1 not1 e
Building and ZORifig Will OFder the building vaeated and posted to prevent f-aFther
aeeupaney
until the .. ..«] i m..leted•
/G\ Statementsadvisingh any person ha.wina a ree...d title of legal i...te..est :n the
and Zoning to the Building ReN,iew Board, pfavided that the appeal is made in writing as
pfov'd d in this A 1 and filed with the rl:«eat..« . w:thia th:.rt.w (30) days F«..m the data
of son,iee of h - d d d hat F '1ufe to appecJ will oeastitute a waiver of
11right to aft administfative hearing d detef-mination f the matter.
h
Cee. C 307 Serwiee of notiee d de»fOF r-epaiF Of substandard 1...:1d:..
62
Pa&r-e E)f any person te file an appeal in aeoefdanee with L4e provisions E)f §§ 5 304 afid--5--
306(5) shall eeftstitute a waiver- of the Fight to an adminis"five hearing and adjudiea4en of the
rwee and-viacr-or to-afty poi4ian there:
(Gade 1972, A LA 234
Cee. C 310 AR tk .... to be a side..ed at hearings.
only these fnaaefs or- issues speeifieally Faised by the appellant shall be eensidefed ift
heanng of the appeal.
(cede 1977 A Ln 7n,'
See. 5 311 Staying oFde under-appeal
died-Director of Building d Zoning issued ndeF this Aftiele shall be Stayed dating the
penEleneyd F an appeal the..ef«em wh:eh : pFope..ly and t:mely filed
(Gade 1 64 7G• Ord. 130 7007 A 11 9 17 024
See. e 317 D a d....e for-Bearing a eal
Prosp,durpo; for bearing any appeal before the Building Review BeaFd as provided for in t
izzcxvie ahhxa11n-4p in aeeeroafiee with A 7 47 e
a "�1•
(Gade 1 n77 A Ln 7L4
Cress re[erefiee f _appeals f_em AvafEl to the City . aurae:, § 2 47 et
Cee. G 313 206 Failure toe .J..
/ \ Af4orany d F he Direete. of Building and Zuni r the Building Review Ava..d
-,d persuant to h• A ele shall have heeeme Anal, o ...person to hem a .eh vale«is
d' d shall fail, neg1eet or refuse to el.e., a .eh order Any s eb p ...he fails
to eemply with any sueh oFder upon eenvietion shall be guilty of a fpAsdemeaflan
(h) 1f after a orde. of th Director ef Building and Zoning eF the Building Review
afterBoard made pursuant to this Aftiele has beesme final, the person to whaffi stleh Ord
Elireeted shall fail, fiegleet or r-eWsa to obey sueh Ewder, the Building Offleial may eause
final fietiee afid order issited uiid h' A le heeeines effeefi
(1�Director of Building d Zoning shall e t:
e the building aeseFibed i eh neee
d d to be vaeated by postingeta eh entranee thereto a o fiee e e:fed :
e.,haeetion e 303(a*
64
(2) No PeFsen Shall eeeapy aay building whieh has been posted as spesified in. this gpptlen.
No person shall Femove of: defaee any sueh 11E)tiee sq posted until th
Uniform Building Cede , a^Yt..a ,s
fie^ a 344 Extension f fi F e0flip1•
14nf)n rBf^'Yt Of
an aPP1iea6efi fe F e the peFsea r-equireA to eeac
)rm to the efder- and an
agFe menf J h persaft that 1 .:11 e pI5, with 04e order if
_lie
Director ^f p"'lainf* nn�l 7a ni n.:_ r
a a
dw—Director
Directors' ..th to e*t, a fifne is 1• A
(Code 1972, § 64-28; Ord. No. 130, 2002, §§ 11, 13, 9-17-02)
Secs. 5-3U 283-5-344. Reserved.
• Editor's note—Prior Art. DX, Offset of Impact Fees for Affordable Housing, was repealed by
Ord. No. 20, 1999; however, the provisions of said Article shall apply for existing projects
described in Exhibit A to said ordinance.
*Cross-references—Building Review Board, § 2-117 et seq.; Landmark Preservation
Commission shall review and approve all plans for construction, etc., on any landmark site or
district in the city, § 2-278; electrical standards, § 5-80 et seq.; mechanical standards, § 5-106 et
seq.; plumbing standards, § 5-125 et seq.; housing standards, § 5-221 et seq.; contractor
licensing, § 15-154 et seq.
**Cross-references—Electrical standards, § 5-80 et seq.; mechanical standards, § 5-106 et
seq.; plumbing standards, § 5-125 et seq.; housing standards, § 5-221 et seq.; contractor
licensing, § 15-154.
*Cross-references—Electrical standards, § 5-80 et seq.; mechanical standards, § 5-106 et seq.;
dangerous and unsanitary construction of the plumbing systems, § 5-143; housing standards, § 5-
221 et seq.; substandard buildings, § 5-301 et seq.; fire prevention and protection, Ch. 9;
landmark preservation, Ch. 14; zoning, annexation, subdivisions and development of land, Land
Use Code (or Transitional Land Use Regulations, if applicable).
• *Cross-references—Building Review Board, § 2-117 et seq.; building construction standards,
§ 5-26 et seq.; dangerous buildings, § 5-46 et seq.; mechanical standards, § 5-106 et seq.;
plumbing standards, § 5-125 et seq.; housing standards, § 5-221; light and ventilation, standards
65
for non-owner-occupied housing, § 5-276; electrical equipment under the housing code, § 5-280;
fire prevention and protection, Ch. 9; contractor licensing, § 15-154; electrical requirements in
mobile home parks, § 18-80; electricity, § 26-391 et seq.; electrical signs, Section 3.8.7 of the
Land Use Code. J
*Cross-references—Buildings, § 5-16 et seq.; building construction standards, § 5-26 et seq.;
electrical standards, § 5-80 et seq.; plumbing standards, § 5-124 et seq.; housing standards, § 5-
221 et seq.; maintenance and installation standards for fuel-burning and mechanical equipment in
housing, § 5-279; contractor licensing, § 15-154 et seq.
*Cross-references—Building construction standards, § 5-26 et seq.; electrical standards, § 5-
80 et seq.; mechanical standards, § 5-106 et seq.; housing standards, § 5-221 et seq.; health and
sanitation, Ch. 12; contractor licensing, § 15-154 et seq.; excavations on public property, § 23-16
et seq.; obstructions and encroachments on public property, § 23-46 et seq.; water system, § 26-
41 et seq.; cross-connection control, § 26-186 et seq.; wastewater system, § 26-206 et seq.;
extension of water and wastewater systems, § 26-366 et seq.
*Cross-references—Community Planning and Environmental Services, § 2-502; water system,
§ 26-41 et seq.; wastewater system, § 26-206 et seq.
*Cross-references—Building construction standards, § 5-26 et seq.; Uniform Code for the
Abatement of Dangerous Buildings adopted, § 5-46; electrical standards, § 5-80 et seq.;
mechanical standards, § 5-106 et seq.; plumbing standards, § 5-125 et seq.
**Cross-references—Building construction standards, § 5-26 et seq.; electrical standards, § 5-
80 et seq.; mechanical standards, § 5-106 et seq.; plumbing standards, § 5-125 et seq. �3
*Cross-reference—Plumbing standards, § 5-125 et seq.
*Cross-reference—Dangerous buildings, § 5-46 et seq.
i
66
ATTACHMENT 3
Amendments to the Fort Collins Land Use Code
Related to Proposed Updated Rental Housing Standards
• New text in red. Deleted text in stfikeRut (' ;.':%? ": '
A new subsection, "3.8.16 (A)", is proposed with the subsequent subsections relettered
alphabetically, resulting in "Section 3.8.16" to read in its entirety as follows:
"3.8.16 Occupancy Limits; Increasing the Number of Persons Allowed
(A) No person may occupy a dwelling unit in the City, or permit such dwelling unit to be
occupied, unless said dwelling unit has been approved by the City for occupancy.
(A B) Except as provided in subsection (13C)below, or pursuant to a certificate of
occupancy issued by the city to the owner of the property, the maximum occupancy allowed
per dwelling unit in a single-family, two-family or multi-family dwelling shall be:
(1) one (1) family as defined in Section 5.1.2 and not more than one (1) additional
person; or
(2) two (2) adults and their dependents, if any, and not more than one (1) additional
person.
(B C)Exceptions. The following shall be exempt from the maximum occupancy limit
established in subsection (A B) above:
• (1) dwellings regularly inspected or licensed by the state or federal government,
including but not limited to group homes; and
(2) dwellings owned or operated by a nonprofit organization incorporated under the laws
of this state for the purpose of providing housing to victims of domestic
violence as such is defined in Section 18-6-800.03, C.R.S.
(E D) A violation of this Section shall be proven by a preponderance of the evidence. A
person shall be liable for allowing occupancy in excess of this Section if he or she
knew, or through reasonable diligence should have known, that a violation of this
Section was occurring.
(D E)Definitions. The following works, terms and phrases, when used in this Section, shall
have the meanings ascribed to them below:
(1)Adult shall mean any person eighteen (18) years of age or older who is not a
dependent.
(2) Dependent shall mean a person related to an adult occupying a dwelling unit by
blood, marriage, adoption, guardianship or other duly authorized custodial
relationship who receives financial support from said adult and who
• resides with said adult in the dwelling unit at least three (3) calendar
months in a calendar year.
ATTACHMENT 4
6afort collins neighborhood & building services
281 N.Colleae Ave.. P.O. Box 580: Fort Collins.CO 80522-0580: Voice:970 221 6760 FAX:970 224 6134
• Proposed Revisions to Rental Housing Standards
Ventilation:
■ Exterior obstructions would not be allowed within 3 feet of required openings for ventilation
• Operable windows would be required to operate smoothly, capable of being held open by the
window hardware
■ Doors and windows would be required to be weather-stripped to limit air infiltration to the extent
practical
• Doors and windows used for ventilation of habitable rooms would require screens from April 1st
to November 1st
• Bathrooms would require mechanical ventilation to the exterior if not provided with an operable
window.
Sanitation:
• Would require at least one water closet, lavatory and bathtub or shower for each four sleeping
rooms of an Extra-Occupancy Rental Property
• Would prohibit carpeting or other absorbent floor finishes in wet and food preparation areas
■ Would require that every water closet, bathtub or shower be installed in a room which will afford
privacy to the occupant
• Would require that there be adequate facilities and services for the sanitary disposal of food waste
and refuse.
• Mechanical:
■ Would increase from 60 degrees to 68 degrees as the minimum heating capability of the
permanent heating facilities for habitable rooms.
Electrical:
• Would require a minimum of two electric outlets in every habitable space in a dwelling
■ GFI protected outlets in bathrooms
■ Lighting requirements for common hallways and stairways.
Minimum Room Dimensions:
■ Would establish minimum ceiling height of 7 feet
• Would establish a minimum floor area of 70 square feet for sleeping rooms
• Would establish a minimum floor area 150 square feet for general use not including kitchens,
bathrooms or bedrooms.
Emergency Windows:
• Would require that all bedrooms below the fourth floor, be provided with escape and rescue
windows which provide a clear opening of at least 720 square inches and a maximum sill height of
48 inches above the floor.
Smoke Detectors:
• Would require that all sleeping rooms, and other rooms as required by City Code, be provided
with smoke alarms, either battery operated or directly connected to the premises electrical system.
Rental Housing AIS
Attachment 3
ATTACHMENT 5
fort collins neighborhood & building services
u „r r ,cc„nn,• 281 N.College Ave.. P.O. Box 580: Fort Collins.CO 80522-0580: Voice:970 2216760 FAX:970 224 6134
•
Rental Housing
Investigation/Inspection Request
To be filled out by renter of record.
Date Requested:
Rental Address: Owner's Name:
Phone#:
Requester's Name: Managing Company Name:
Phone#: Phone#:
Reason For Requesting Inspection:
•
Has the owner or manager been notified of these issues?
Requester's signature:
For Office Use Only
Inspector: Date Inspected:
• This Form is Considered an Open Public Record
Rental Housing AIS
Attachment 4
ATTACHMENT 6
6iA fort collins neighborhood & building services
281 N.College Ave., P.O. Box 580: Fort Collins,CO 80522-0580: Voice:970 221 6760 FAX:970 224 6134
Rental Housing Inspection Report/ Order to Repair
• Date: Rental Address:
Tenant Name: Phone#:
Owner/Manager: Phone#:
Owner/Manager Address:
Property Information: Single Family Multi-family Converted Basement Other:
This letter shall serve as notice that an inspection of this rental property was recently performed, the
purpose of which was to verify compliance with the Non-Owner Occupied Housing Standard, Fort Collins
City Code Chapter 5 Article VI Division 2 (Rental Housing Code)as adopted by the City. The items checked
below were identified as needing repair in order for this address to be in compliance with the Standard.
"GEN" column items are considered general maintenance and shall be repaired within 30 days of this date.
"MOD" column items are considered a moderate concern and shall be repaired within 15 days of this date.
"HAT' column items are considered hazardous concerns and shall be repaired within 48 hours of this date.
GEN MOD HAZ GEN MOD HAZ
Building Electrical
Broken Glazing Missin Broken Devices
Inoperable Doors &Windows Missin Broken Plates Covers
Loose Handrail/Guard rails Missina Smoke Detectors
Damaged Stairs Missing GFCI Devices
Damaged Flooring Mis-wired Circuit
• Insect/Rodent Infestation Arcing Devices
Mold Tripping Circuits
Weather Stripping Doors Exposed Junctions/S lices
Weather Stripping Windows
Structure Exposure Mechanical
Roof Leaking Insufficient Heat
Structural Wall Defect Missing Registers
Structural Ceiling Defect Lack of Heat
Structural Floor Defect Improper A pliance Venting
Structural Roof Defect Gas Leak
Foundation Defect Shared Heat Source
Plumbing Fire-rated Construction
Leaking Drains Unit Wall Separation
Leaking Water Lines Floor Ceiling
Drainage/Sewer Back-up Roof Ceiling
Lack of Hot Water
In addition to the above items, you are required to submit documentation that the furnace and water heater
have been serviced by a City licensed mechanical contractor within the past 6 months and are operating
properly.
Items in the Mod and HAZ columns require documentation of repair by individuals licensed with the City of Fort
Collins. Failure to comply with this Order to Repair can result in the loss of the Certificate of Occupancy for this
address and a summons to appear in Municipal Court where fines of up to $1,000.00 per day can be assessed.
• Inspector: Comments:
Rental Housing AIS
Attachment 5
ATTACHMENT 7
fort collins neighborhood & building services
^+ 281 N.Colleae Ave.. P.O.Box 580: Fort Collins. CO 80522-0580: Voice:970 2216760 FAX:970 224 6134
• Rental Housing Inspection
Order to Repair
Date: Rental Address:
Owner/Manager: Phone:
Owner/Manager Address:
This Order to Repair letter, along with the attached Rental Inspection Report, shall serve as legal notice
to you that an inspection of this rental property was recently performed, the purpose of which was to
verify compliance with the Non-Owner Occupied Housing Standard, Fort Collins City Code Chapter 5
Article VI Division 2 (Rental Housing Code) as adopted by the City.
The items checked in the Rental Inspection Report were identified as needing repair in order for this
address to be in compliance with the Standard.
"GEN"column items are considered General Maintenance and may be corrected by maintenance staff
within 30 days of the date of this Order.
"MOD" column items are considered a Moderate Concern and may require the assistance of contractors
licensed with the City of Fort Collins, with repairs completed within 15 days of the date of this Order.
`°HAZ"column items are considered Hazardous Concerns and shall be repaired within 48 hours of the
• date of this Order.
Hazardous Concerns Notice:
The inspector has identified certain items which are of such disrepair as to create and pose a risk to Life,
Health and/or Safety to the occupants and as such are listed in the "HAZ"column, requiring immediate
corrective action performed by contractors licensed with the City of Fort Collins.
Appropriate building permits and City inspection required.
See Inspector comments on the Rental Inspection Report.
Please contact the office for questions pertaining to contractor licensing requirements.
In addition to the inspection items requiring repair, you are notified that (upon request by the City) you
would need to document .that the furnace and water heater have been serviced by a City licensed
Mechanical Contractor within the past 12 months and are operating properly.
Failure to comply with this Order to Repair can result in the loss of the Certificate of Occupancy for this
address and a summons issued to you to appear in Municipal Court where fines of up to $1,000.00 per day
can be assessed.
The identified items are required to be repaired and no further notification will be issued from this
office.
• Michael W. Gebo
Building Code Services Manager
Rental Housing AIS
Attachment 6
ITEM PROPOSED CODE REVISIONS COUNCIL DIRECTION/COMMENTS
Rental Housing Standards Appeals &Administrative review: appeal
proposed revisions staff decision to Building Review Board limited to
property owners and residents within 800 feet of
subject property
Land Use Code revision: all housing requires
approval by the City for occupancy
Lighting &ventilation:
I. minimum total glazed area required in all
habitable rooms, spaces equal to 8% of
the floor area or space
2. either 45% of minimum glazed area in
habitable rooms must be openable or
mechanical ventilation system provided
that supplies two air changes per hour in
habitable rooms
3. bathroom &toilet rooms must be
provided with windows for ventilation
unless equipped with mechanical exhaust
system
Exterior door&window assemblies:
1. in sound condition, weather-sealed to
extent feasible
2. insect screens from 4 1 to 11/1
Sanitary Facilities:
1. every dwelling unit must have a bathroom
with water closet lavatory & either
bathtub or shower
2. every required water closet, bathtub or
shower must be in a room tat affords Y
orivacy y
3. 1 water closet, lavatory & bathtub or n
shower required for each (4) rooming
units
4. Kitchens and bathrooms in rental dwelling y
units must have nonabsorbent floor o,
coverin materials
Space heating: permanent space heating
facilities capable of maintaining 68 degrees F
must be provided in all habitable rooms,
bathrooms &toilet rooms based on outdoor
design temperature of 4 degrees F
Electrical equipment:
1. every habitable space in a dwelling unit
must have at least two separate electrical
outlets
Exits, safety, facilities: every required
bedroom emergency escape opening must have
a clear opening no less than 720 sq. inches,
maximum sill height from the floor of 48 inches
Smoke alarms: required in all dwelling units &
rented rooms
Carbon monoxide alarms: required in all
rental housing, that contains fuel burning
appliances
i
Space requirements:
1. minimum habitable rooms must have
minimum horizontal dimension of 7 feet
2. minimum ceiling height of 7 feet in
habitable spaces, hallways, bathrooms
etc.,
3. exception—habitable basement, overhead
beams, girders, ducts, etc.
4. slope ceilings are permitted
5. efficiency units allowed
6. dwellings must have at least 150 sq. feet
of floor area for general use