ORDINANCE # _________________
AN ORDINANCE
AMENDING SECTION 4.31 OF THE MORRIS CITY CODE OF 1997 REGARDING LICENSING AND
INSPECTIONS OF
RESIDENTIAL
RENTAL PROPERTY.
THE COUNCIL OF
THE CITY OF MORRIS DOES HEREBY ORDAIN that Section 4.31 of the Morris City Code
of 1997 be replaced in its entirety with the following provisions:
City
of Morris
Rental
Licensing Ordinance
SEC.
4.32. RESIDENTIAL RENTAL PROPERTY REGISTRATION AND LICENSING.
Subd. 1. Purpose. The
City recognizes a need for an organized inspection program of residential
rental units within the City in order to establish and enforce minimum
standards for rental units to meet City and State safety, health, fire, and
zoning codes within the City and to provide a more efficient system to ensure
that rental property is properly maintained. The City recognizes that the most
efficient system to provide for rental inspections is the creation of a program
requiring the registration and license of all residential rental units within
the City so that orderly inspections can be undertaken.
Subd. 2. Definitions.
a. The
term “residential rental property” means any building, structure, room,
enclosure, or mobile home including the real property upon which it is located
and which surrounds it, which is rented or offered for rent as living quarters.
Residential rental property does not mean on-campus housing at the University
of Minnesota, Morris, hospital units, nursing home units, or hotels or motels
with daily rental units, all of which shall be specifically exempt from
registration and license under this Section.
b. The
term “person” includes natural persons as well as business entities, whether
one or more.
c. The
term “enforcement officer” means any person designated by the City to perform
inspections and determine compliance with the applicable rules, standards,
statutes and ordinances.
Subd. 3.
Registration and License Requirements.
It is unlawful for any person to hereafter occupy, allow to be occupied,
advertise for occupancy, solicit occupants of, or let to another person for
occupancy any residential rental property within the City for which an
application for license has not been properly made and filed with the Morris
Housing & Redevelopment Authority (HRA) and for which there is not an effective
license. Initial application and renewal shall be made upon forms furnished by
the HRA for such purpose and shall specifically require the following minimum
information:
a. Name,
address and phone number of the property owner and, if owner is not a natural
person, the name, address and phone number of a designated agent for the owner.
b. The
name, phone number, and address of any person authorized to make or order made
repairs or services for the property, if in violation of City or State Codes,
if the person is different than the owner.
c. The
street address of the rental property.
d. The
number and types of units within the rental property (dwelling units or
sleeping rooms).
A rental property owner and/or the designated agent must
notify the HRA in writing within 15 calendar days after any change in the above
information.
Subd. 4. Fees
& Penalties. There shall be
a license fee for the initial license, a renewal fee every four years
thereafter. The fee shall be based upon
the number of units in the case of multiple unit dwellings. There shall also be
a license transfer fee and a license reinstatement fee. All fees shall be established by resolution
of the Council. Administrative
penalties for failure to comply with any portion of these rules, standards,
statutes, and ordinances will be established by resolution of the Council.
Subd. 5.
Manner of Registration, Licensing and Renewal.
a. Initial application for license of property which is not
licensed as residential rental property on the effective date of this Section,
or for licensed residential rental property when there is a change in type of
occupancy, shall be made by personally filing an application for license with
the Morris HRA before the property is used as residential rental property or
before use as a new type of occupancy.
b. If there is a change in the type of
occupancy from the type stated on the registration statement, a new
registration statement and license will be required.
Subd. 6.
Method and Manner of Certification. Upon receipt of an initial application, the
Morris HRA shall forward a copy to the enforcement officer, who shall then,
within 10 (ten) working days, perform an inspection of the property to
determine whether such property complies with the provisions of applicable
rules, standards, statutes and ordinances.
The enforcement officer shall make a report thereon. No license shall be
issued if the premises and building do not fully comply with all the provisions
of the applicable rules, standards, statutes and ordinances which pertain to
such dwelling units.
Subd. 7.
Method of Renewal.
a. Phase-in of Renewal.
Properties in the following three classes, which have had inspection and
been found in compliance, will not need reinspection in order to be eligible
for their first license renewal.
Renewal applications for rental property licensed as of the effective
date of this ordinance shall be processed in accordance with the following
provisions:
i. Licenses issued
for properties last inspected before June 30, 2000, shall expire on and require
a new inspection before 12/31/2003.
ii. Licenses issued
for properties last inspected from July 1, 2000, to June 30, 2001, shall expire
on and require a new inspection before 12/31/2004.
iii. Licenses issued
for properties last inspected from July 1, 2001, to the effective date of this
ordinance shall expire on and require a new inspection before 12/31/2005.
b. Each new (non-renewal) license issued
pursuant to this Section, and each renewal license issued after the phase-in
period set forth at Subdivision 7 (a), above, shall expire on the 31st of
December in the 3rd year following the year of issuance. The Morris HRA shall mail renewal
applications for license to the property owner or the designated agent on or
before September 5th of the year the license expires. Failure to receive a
renewal application for license from the Morris HRA shall not excuse the owner
from meeting the license requirements. Renewal applications for license may be
returned by mail, at the property owner’s risk, to the Morris HRA. Renewal of licenses will not occur unless
the renewal fee has been paid and the property has been inspected and found to
be in compliance by the enforcement officer within ninety-days (90) of the date
of the renewal notice. It is the owner’s
responsibility to ensure ample time is planned for accommodating the renewal
inspection before the license expires.
c. Rental property that has been registered but not inspected
and in compliance on the effective date of this ordinance shall be considered
unlicensed. No property shall be
considered unlicensed under this Subdivision 7 (c) if, as of the effective date
of this ordinance, it was the subject of an appeal filed and pending before an
appellate court of the State of Minnesota as of October 15, 2002. Upon the conclusion of any such appeal, and
expiration of any further appeal period, the property shall be subject to
licensing and inspection under Subdivision 7 (b) above.
Subd. 8.
Method of Correction. Whenever an
enforcement officer determines that any residential rental property fails to
meet the requirements set forth in the applicable rules, standards, statutes or
ordinances; the HRA shall issue a correction notice setting forth the
violations and ordering the occupant, owner and/or owner’s designated agent to
correct such violations. This notice and order shall:
a. Be in written form;
b. Describe the location and nature of the
violation;
c. Establish a reasonable time for the
correction of any violation;
d. Be served upon the owner, the owner’s designated
agent and/or the occupant as the case may require. Such notice shall be deemed
to be properly served if a copy thereof is:
(1) Served upon the owner, designated agent and/or
occupant personally; or
(2) Sent by certified mail, return receipt
requested.
Failure to correct violations within the time period stated
in the correction order shall result in an administrative penalty to be set by
Council resolution, as well as other sanctions provided by law or this
ordinance. If the correction order
relates to actions or omissions of the occupant, and the occupant fails to make
the necessary correction, the licensee may be required to remedy the condition
by whatever means necessary. No adverse
action shall be taken against a licensee for failure to remedy a condition
during the pendency of a bona fide eviction proceeding being pursued diligently
by the licensee.
Subd. 9.
Transfer of Property. To transfer
the license from one property owner to another, the licensee shall give written
notice, including the name and address of the transferee, to the Morris HRA of
the proposed transfer, within thirty-days (30) after such transfer. The transferee must make application with
the HRA and pay the required fee for a transfer of the license within
thirty-days (30) after the transfer of property. Failure to make application within the specified time limit shall
result in automatic forfeiture of the license.
Relicensing of any property for which the license has been forfeited
shall require application for a new license. Issuance of any
license when there is a transfer of property shall require the property to be
in compliance with all requirements of the applicable rules, codes, statutes
and ordinances. The fee for license
transfer shall be set by Council resolution.
Subd. 10.
License Suspensions and Revocation.
a. Any license may be revoked or suspended at any time during
the life of said license for grounds including, but not limited to the
following:
(1) False or misleading information
given or provided in connection with the license application or renewal;
(2) Failure to pay any fee herein
provided for;
(3) Failure to comply with Subdivision
16, below;
(4) Failure to correct violations in
the time period prescribed;
(5) Violations committed or permitted
by the licensed owner and/or the owner’s designated agent, of any rules, codes,
statutes and ordinances relating to, pertaining to, or governing the license
and the premises;
b. A suspended license shall be
reinstated when the circumstances leading to the suspension have been remedied
and a reinstatement fee as set by Council resolution has been paid.
Subd. 11.
Maintenance of Records. All records, files, and documents pertaining to the Rental
License Program shall be maintained for five years after the license
expiration, in the office of the Morris HRA and made available to the public as
allowed or required by the applicable laws, rules, codes, statutes or
ordinances.
Subd. 12.
Rental Appeals Board. The Rental
Appeals Board is hereby designated to act as an advisory body. The Board shall consist of five (5) members
appointed by the Council. The Board
shall hear appeals arising from a correction order and make recommendations to
the Council to affirm, modify or reverse, in whole or in part, such order. This
Board shall also review and approve administrative policies and procedures
pursuant to this ordinance, and regularly review and make such recommendations,
as the Board deems reasonable and necessary to the Council as to the schedules
of fees and penalties required under this Section.
Subd. 13.
Appeal Process. When it is alleged by any person to whom a
correction order is directed that such order is based upon erroneous
interpretation of the applicable rules, standards, statutes or ordinance or
mistake in fact, such person may appeal the correction order to the Rental
Appeals Board.
Such appeal must be in writing, must specify the grounds for
the appeal, must be accompanied by any filing fee set by Council resolution,
and must be filed within five (5) business days after service of the correction
order. Upon receipt of the written
appeal, the HRA shall set a date for a hearing and give the appellant at least
five (5) days prior written notice of the date, time and place of the hearing. By mutual agreement between the appellant
and the HRA Director, the five (5) day notice may be waived.
The appellant shall have the right to appear and be
represented by counsel. The Rental Appeals Board shall hear and consider the
matter within thirty-days (30) of the filing of an appeal. The
filing of an appeal shall stay all proceedings in furtherance of the action
appealed from unless the enforcement officer certifies that such a stay would
cause imminent peril to life, health, or property.
The Rental Appeals Board shall issue its recommendation to
the Council and the appellant in writing within thirty-days (30) after the
hearing. The Council shall thereafter
affirm, modify or reverse the correction order upon such terms as the Council
deems necessary to accomplish the purposes of this ordinance. A copy of the decision shall be mailed to
the appellant.
Subd. 14.
Authority. Nothing
in this Section shall prevent the City from taking action under any applicable
rule, standard, statute or ordinance for violations thereof to seek either
injunctive relief or criminal prosecution for such violations as therein
provided. Nothing contained in this
Section shall prevent the City from seeking injunctive relief against a
property owner or designated agent who fails to comply with the terms and
conditions of this Section on registration and licensing including an order
prohibiting the occupancy of such rental units until violations of this Section
have been remedied by the property owner or designated agent.
Subd. 15.
Posting. Every
licensee of residential rental property shall conspicuously post a receipted
copy of the current license (in a frame with transparent cover) in a public
corridor, hallway, or lobby of the rental property for which it is issued. For
other than multiple dwellings, the licensee must post the license certificate
in a frame with a transparent cover in such a manner so as to be easily viewed
and readable at or near the front entrance of the building for which it was
issued.
Subd. 16.
Inspection Access. Property owners and their agents shall permit
the enforcement officer to inspect all premises governed by this ordinance to
determine if the building is operated as a rental property and/or to determine
compliance with the provisions of this section, and shall fully cooperate with
such inspections. The property owners
or their agents shall make reasonable efforts to notify tenants of planned
inspections of their rental units to the extent required by state law.
If an owner, occupant, or other person in charge of a dwelling,
dwelling unit or a multiple dwelling fails or refuses to permit free access and
entry to the structure or premises, or any part thereof, for an inspection
authorized by this section, the enforcement officer may, upon a showing that
probable cause (as the term is defined in Camara v. Municipal Court, 387
U.S. 523 (1967)) exists for the inspection or for the issuance of an order
directing compliance with the inspection requirements of this section with
respect to such dwelling, dwelling unit or multiple dwelling, petition and
obtain an order to inspect and/or a search warrant from a court of competent
jurisdiction. Except as specifically
authorized to the contrary by the court in exigent circumstances, search warrants
under this section shall be executed at reasonable times and after reasonable
efforts to give the owner (or other person in charge) and the occupant at least
five (5) days written notice of the date and time of the inspection authorized
by the warrant. Property owners shall
cooperate in the execution of all administrative search warrants and court
orders, including providing access and entry to rented premises where directed
to do so. An authorized representative
of the property owner shall be present on the premises during inspections; however,
failure of a property owner to comply with this requirement shall not deprive
the City of the authority to inspect.
Failure of a property owner to obey any of the requirements
of this subdivision shall subject the property owner to suspension or revocation
of license, in addition to other remedies and/or penalties provided by
law. Any such suspension or revocation
shall continue until the inspection sought has been completed, any violations
satisfactorily remedied and any outstanding fees or penalties have been paid.
Subd. 17.
Applicable Laws. Licensees shall be subject to all applicable
rules, standards, statutes and ordinances; and this Section shall not be
construed or interpreted to supersede any other such applicable rules,
standards, statutes or ordinances.
Subd. 18.
Tenant Identification. Licensees are
required to provide names of tenants occupying rental property when the Morris
HRA, or a Police Officer submits a written request.
Subd. 19. Tenant Requested Inspection. A tenant may at any time
request an inspection of the rental property in which they currently
reside. A fee for such inspection shall
be imposed on the tenant only if the Council finds, by a preponderance of the
evidence that the request was made in bad faith.
Subd. 20. Rules, Policies and Procedures. The City Council
may adopt from time to time, by resolution, rules, policies and procedures for
the implementation of this section.
Violation of any such rule, policy or procedure by a property owner
shall be considered a violation of this ordinance.
Subd. 21. Inspection Standards. All rental property
will be required to meet the standards set forth herein in order to obtain
and/or maintain a license pursuant to this ordinance.
a.
DEFINITIONS
Basement. That portion of a
building which is partly or completely below grade.
Crack. An opening severe
enough to allow wind, rain, snow, rodents, insects, into a
building or where inside a building, the opening allows
debris to enter and the above
activities to occur.
Dwelling Unit. A single unit
providing complete, independent living facilities for one or
more persons, including permanent provisions for living,
sleeping, eating, cooking and
sanitation.
Environmental
Ventilation. The natural or mechanical process of supplying
conditioned
or unconditioned air to, or removing such air from, any
space.
Equipment. Parts
or sole portions of a system used and installed for a particular
purpose.
Exhaust. Combustion products produced by an appliance or system.
Fuel-burning
appliance. Those using natural gas, propane gas, fuel
oil, coal, wood or
any other flammable liquid or combustible material.
GFI’s. An
outlet that has a ground fault interrupter or an outlet supported by a ground
fault interrupter breaker within a circuit breaker panel.
Guardrail. A system of building components located near the open sides
of elevated
walking surfaces for the purpose of minimizing the
possibility of an accidental fall from
the walking surface to the lower level.
Habitable
Space. Space in a structure for living, sleeping, eating or
cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility
spaces, and similar areas are
not considered habitable spaces.
Handrail. Railing provided for grasping with the hand for support.
Imminent
Danger. A condition which could cause serious or
life-threatening injury or
death at any time.
Infestation. Large numbers of insects or rodents, or
numbers capable of causing
contamination or other health hazards.
Openable Area. That part of a
window, skylight or door which is available for
unobstructed ventilation and which opens directly to the
outdoors.
Safe Manner. Free from danger;
not likely to cause injury or do harm.
Security
Doors. Any door which opens
to the outside or public area of the building.
System. A collection of parts, equipment, apparatus or components
used to provide
various outcomes depending on their design. For example – electrical systems for fire
protection purposes.
b.
ELECTRICAL REQUIREMENTS
Section 1.01 – General – All electrical equipment, wiring
and appliances shall be
properly installed and maintained in a safe manner.
Section 1.02 - Electrical Systems – Whenever there is
insufficient evidence of
compliance with the provisions of this these standards, or
evidence that a material or
installation does not conform to this ordinance or it’s
intended use; the enforcement
officer may require tests as evidence of compliance to be
made at no expense to the City.
Equipment regulated by this ordinance, which is unsafe or
which constitutes a fire or
health hazard or is otherwise dangerous to human life is,
for the purpose of this section,
unsafe. Use of
equipment constituting a hazard to safety, health, or public welfare by
reason of inadequate maintenance, dilapidation,
obsolescence, fire hazard, disaster,
damage or abandonment, is an unsafe use. Unsafe equipment is hereby declared to be
a public nuisance and shall be abated by repair,
rehabilitation, demolition, or removal.
Section 2.01 – Outlets / Receptacles – Every habitable space
in a dwelling shall contain
at least two separate and remote receptacle outlets. Every basement, laundry area,
bathroom, furnace room, utility room shall contain at least
one receptacle.
Section 2.02 – Ground Fault Interrupters (GFI’s) –
Receptacles in bathrooms, kitchens,
and laundry rooms must be GFI’s where receptacles are within
6 feet of a water supply.
Section 2.03 – Where present, exterior receptacles must have
GFI protection with
appropriate waterproof protective covers.
Section 2.04 – All electrical boxes on the exterior of a
dwelling must have an appropriate
listed and approved cover for that location and purpose.
Section 3.01- Lighting – Every public or private hall,
interior stairway, toilet room,
kitchen, dining room, basement, bathroom, laundry room,
boiler room, furnace room,
outdoor entries and similar areas shall contain at least one
working electrical lighting
fixture. Living or
sleeping rooms may be provided with switched outlets for the use of
lamps.
Section 4.01 – Extension Cords – Must not be used to supply
current to microwave
ovens, stoves, refrigerators, air conditioners, furnaces,
water heaters, water softeners,
clothes washers or dryers.
Power strips are allowed for computers, TV’s, radios,
stereos, VCR’s, cd players and other such electronic
equipment.
Section 5.01 – Electrical Panels – Access to the electrical
panels must not be blocked
and must have appropriate covers.
Section 6.01 – Electrical Hazards – Where it is found that
the electrical system in a
structure constitutes a hazard to the occupants or the
structure by reason of inadequate
service, improper fusing, insufficient receptacle and
lighting outlets, improper wiring or
installation, deterioration or damage, or for similar
reasons, the enforcement officer shall
require the defects to be corrected to eliminate the hazard.
c.
FIRE PROTECTION
Section 1.01 –
General – All equipment, systems and individual parts shall be properly
installed and maintained in a safe manner.
Section 2.01 - Smoke Detectors/Alarms - Any room used for
sleeping purposes shall be
provided with smoke detectors. Detectors shall be installed in accordance with the
approved manufacturer’s instructions. When a dwelling unit has more than one story
and in dwellings with basements, a detector shall also be
installed on each story including
the basement.
Detectors shall sound an alarm audible in all sleeping areas of the
dwelling
unit in which they are located. All smoke detectors shall be maintained operational at all times.
Section 3.01 – Multi-story buildings - In multi-story
apartment buildings where an
approved fire alarm system has been installed and provides
equivalent protection to
smoke detectors, the smoke alarm system, if not otherwise
required, may be waived.
Section 4.01 – Egress – A safe, continuous and unobstructed
path of travel shall be
provided from any point in a building or structure to the
public way.
Section 5.01 - Egress Windows – Required emergency escape
and rescue openings
shall be operational from the inside of the room without the
use of keys or tools. All
basement bedrooms shall meet egress window requirements;
escape or rescue
windows shall have a minimum net clear openable area of 5.7
sq. ft. The minimum net
clear openable height dimensions shall be 24”, the width
20”. When windows are
provided as a means of escape or rescue, there shall be a
maximum of 44” from the
floor to the window opening.
Section 5.02 – When windows are higher than 44’, a permanent
platform must be
installed at a height which is halfway between the floor and
the window opening. The
platform must be the same width as that of the window it
serves. The depth must
correspond to the height of the platform; for any platform
up to 24” high, the platform
must be 16” deep;
for a platform between 24” and 30” high, the platform must be 30”
deep; for a platform between 30” and 44” high, the platform
must be 36” deep.
In lieu of egress windows, where conditions prevent the
installation of egress windows,
an approved sprinkler system shall be installed.
Section 6.01 – Window Wells – Window wells with a vertical
depth of more than 44”
shall be equipped with an approved permanent affixed ladder
or stairs that are
accessible with the window in the fully open position. The ladder or stairs shall not
encroach into the required dimensions of the window well by
more than 6”.
Section 6.02 – Window Coverings – Egress window wells must
be covered and free of
any obstruction. Window
well covers are required for each egress window. Covers
shall be of rigid and transparent or translucent material
with framework of decay
resistant material or manufactured covers designed to fit a
window well.
d.
EXTERIOR STRUCTURE
Section 1.01 – General – The exterior of a structure shall
be maintained in good repair,
structurally sound and sanitary so as not to pose a threat
to the public health, safety or
welfare.
Section 2.01 – Protective Treatment – All exterior surfaces,
including but not limited to,
doors, door thresholds, door and window frames, cornices,
gutters, porches, trim, roofs,
balconies, decks, and fences shall be maintained in good
condition. Exterior wood surfaces,
other than decay resistant woods, shall be protected from
the elements and decay by painting
or other protective covering or treatment. Peeling, flaking and chipped paint shall be
eliminated
and surfaces repainted.
All siding and masonry joints as well as those between the building
envelope and the perimeter of windows, doors, and skylights
shall be maintained weather resistant
and water tight. All
metal surfaces subject to rust or corrosion shall be coated to inhibit such
rust
and corrosion and all surfaces with rust or corrosion shall
be stabilized and coated to inhibit future
rust and corrosion.
Section 2.02 – All structural members shall be maintained in
sound condition and
capable of supporting the imposed loads.
Section 3.01 – Glass – All broken and/or unstable cracked
glass must be replaced.
Section 4.01 - Doors – In general, doors must be weather
tight, rodent proof, afford
privacy and operate correctly. In addition, any door which opens into a common hallway
or public area must be equipped with a door view-port
(peep-hole).
Section 4.02 – Security doors must have fully operational
locks which are capable of
being locked from the exterior.
Section 4.03 – Screen doors must be provided unless steel
doors and thresholds are present.
Swinging storm/screen doors must be self-closing and in good
working condition.
Section 4.04 – Locks on bathroom doors shall be of the type
that can be opened from
the outside of the room.
Section 5.01 – Windows – Those windows on the first story or
below, other than
those which are fixed, shall be easily operable and capable
of being locked in the closed
position for the purpose of providing security. Screens, combinations and storms are
not considered sufficient for security. The lock must be on the interior window
sash.
Section 5.02 – Screens – Every basement or cellar opening
used or intended to be used for
ventilation which might provide entry for rodents shall be
supplied with a screen or
storm/screen combination.
Section 5.03 - During the period from April 1 – September
31, every door, window and other
outside opening required for ventilation of habitable rooms,
food preparation areas, or any
areas where products to be utilized in food for human
consumption is stored, shall be supplied
with approved tightly fitting screens of not less than 16
mesh per inch (16 mesh per 25 mm)
and every swinging storm/screen door shall have a
self-closing device in good working condition.
Screens shall be maintained in good repair and free of holes
other than those of design size.
e. INTERIOR STRUCTURE
Section 1.01 – General Conditions – The interior of a
structure shall be maintained in
good repair and sanitary condition.
Section 1.02 – Structural members shall be maintained in
sound condition and
capable of supporting the imposed loads.
Section 2.01 – Glass – Broken and/or unstable cracked glass
must be replaced.
Section 3.01 – Doors – Doors must be operating
correctly. Doors to bathrooms and
bedrooms
must be affording privacy.
Section 3.02 – Bathroom Doors – Toilet rooms and bathrooms
shall provide privacy and
shall not constitute the only passage to a hall or other
space, or to the exterior. A door
and interior locking device shall be provided for all common
or shared bathrooms and
toilet rooms in a multiple dwelling. The locking device on bathroom doors must
also be
of the style which can be opened from the outside.
Section 4.01 – Floors – Damaged, rotten, or loose floor
sheathing shall be secured or
replaced.
Section 4.02 – Floor coverings – Coverings which are loose,
torn, broken or in such
a condition to cause tripping and or injury shall be secured
or replaced.
Section 5.01 – Walls – Damaged, rotten or loose wall
coverings or sheathing shall be
repaired, replaced or secured in place.
Section 5.02 - Bathroom walls and finishes around tubs and
showers shall be in sound
condition and nonabsorbent wall finishes shall be in place
with no cracks, holes or other
defects which would allow moisture entry into the wall. Wall assemblies that support
tile, surrounds or other forms of waterproofing shall be
structurally sound. All
penetrations thru and around the tile or surround must be
caulked and/or sealed.
Section 6.01 – Ceilings – Cracked or loose plaster, decayed
wood, and other defective
surface conditions shall be corrected.
f. MECHANICAL REQUIREMENTS
Section 1.01 – General Conditions – All mechanical
equipment, chimneys, fireplaces
and solid fuel-burning appliances shall be properly
installed and maintained in a safe
working condition.
Decorative fireplaces not intended for use shall be allowed to exist
provided that the owner notifies the occupant in writing
that the fireplace unit is not
usable, both the owner and occupant shall sign such
document. Space heaters and
auxiliary heating units must comply with manufacturer’s recommendations
and conform
to the intended use.
Section 1.02 – Mechanical Systems – Whenever there is
insufficient evidence of
compliance with the provisions of these standards, or
evidence that a material or installation
does not conform to this ordinance or it’s intended use; the
enforcement officer may require
tests as evidence of compliance to be made at no expense to
this jurisdiction.
Equipment regulated hereunder, which is unsafe or which
constitutes a fire or health hazard,
or is otherwise dangerous to human life, is, for the purpose
of this section, unsafe. Use of
equipment constituting a hazard to safety, health, or public
welfare by reason of inadequate
maintenance, dilapidation, obsolescence, fire hazard,
disaster, damage or abandonment, is an
unsafe use. Unsafe
equipment is hereby declared to be a public nuisance and shall be abated
by repair, rehabilitation, demolition, or removal.
Section 1.03 – Appliances which burn gas, propane gas or
fuel oil shall be provided with an
approved independent shut-off valve in an accessible
location, within the same room,
within 3 feet of the appliance. Shut-off valves must be attached to rigid pipe, have handles
permanently affixed and fastened to the valve.
Section 2.01 – Heating Facilities – Dwellings shall be
provided with heating facilities
capable of maintaining a room temperature of 65 degrees F.
in all habitable rooms,
bathrooms, toilet rooms, hallways and utility room; by means
of diffuser, separate
heating unit or transfer grill.
Section 2.02 – The required room temperatures shall be
measured 3 feet above the
floor near the center of the room and 2 feet inward from the
center of each exterior wall.
Section 2.03 – All mechanical equipment used to supply heat
shall not be installed
unless labels for such purpose and the installation is
specifically approved as evidenced
by the listing and label of an approving agency. (ie. A UL
listing)
Section 2.04 – Appliances designed primarily for cooking or
water heating for domestic use
shall not be considered as heating facilities within the
meaning of this section.
Section 2.05 – Boilers must be inspected annually when
equipped with an
RPZ (relief pressure zone) valve unless they are a closed
system.
Section 3.01 – Exhaust Systems – Exhaust systems shall be
designed and constructed
so as to develop a positive flow adequate to convey all
combustion products to the outside
atmosphere.
Section 3.02 – Unused openings in an exhaust venting system
shall be closed or capped
in a safe and approved manner according to recognized
standards.
Section 3.03 – The exhaust system must be properly supported
to maintain proper clearance,
to prevent physical damage and to prevent separation of the
joints.
Section 3.04 – The exhaust system shall be connected to the
appliance in a safe manner
and/or in accordance with the listing and manufacturer’s
installation instructions and applicable
standards. Power or
fan-assisted appliances must have separate venting systems. Electric
stoves/ranges do not require an exhaust venting system.
Section 3.05 – Fuel-burning appliances shall be exhausted
directly outside with approved
fasteners designed for the system. Exhaust vent terminations at the building exterior must
be connected to an approved hood specifically designed for that
application and in accordance
with the manufacturer’s instructions. The point of discharge shall not be within 3
feet of any
opening which allows air into an occupied portion of the
building.
Section 3.06 – Any exhaust mechanism must slope less than 90
degrees from the appliance
to the chimney.
Section 3.07 – Proper clearances shall be maintained between
exhaust system vents and
combustibles.
Prohibited exhaust spaces shall include but are not limited to: attics,
crawl spaces,
fireplaces, basements, or attached accessory use space such
as garages, workshops, floor,
ceiling and wall spaces.
Section 3.08 – Gas piping must be AGA approved (copper,
black galvanized or stainless flex)
and sized according to the proper use.
Section 4.01 – Environmental Ventilation – Habitable rooms
within a dwelling shall be provided
with natural ventilation by means of openable exterior
openings or a mechanical ventilation system.
Section 4.02 – Bathrooms, water closets, laundry rooms and
similar rooms shall be provided
with natural ventilation by means of openable exterior
openings with an area not less than one
twentieth of the floor area of such rooms with a minimum of
1 ½ square feet.
In lieu of required exterior openings for natural
ventilation in bathrooms containing a bathtub
or shower or combination thereof, laundry rooms, and similar
rooms, a mechanical ventilation
system connected directly to the outside capable of
providing five air changes per hour shall
be provided. The
point of discharge of exhaust air shall be at least 3 feet from any opening
into
the building.
Bathrooms which contain only a water closet and lavatory, and similar
rooms,
may be ventilated with an approved mechanical system and
shall not be recirculated.
Section 4.03 - The ventilation system shall be installed and
maintained in a safe manner and in
accordance with the listing and manufacturer’s installation
instructions and applicable standards.
Section 4.04 – The ventilation systems must discharge
directly outside and the terminations must
be connected to an appropriate hood or cap specifically
designed for the application.
Prohibited
termination spaces shall include but are not limited to:
attics, crawl spaces, fireplaces, basements,
or attached accessory use space such as garages, workshops,
floor, ceiling and wall spaces.
g.
PLUMBING
Section 1.01 – General – The plumbing system must be
maintained in a safe and sanitary condition.
These standards are founded upon certain basic principles of
environmental sanitation and safety through properly designed, acceptably
installed and adequately maintained plumbing systems. Some of the details of plumbing construction may vary but the
basic sanitary and safety principles desirable and necessary to protect the
health of the people are the same everywhere.
As interpretations may be required, and as unforeseen situations arise
which are not specifically covered in these standards, the twenty-three
principles which follow shall be used to define the intent.
i. All premises intended for human
habitation, occupancy, or use shall be provided with a potable water supply
which meets the requirements of the commissioner of health. Such water supply shall not be connected
with unsafe water sources nor shall it be subject to the hazards of backflow or
back-siphonage.
ii. Proper protection shall be provided to
prevent contamination of food, water, sterile goods, and similar materials by
backflow of sewage. When necessary, the
fixtures, device, or appliance shall be connected indirectly with the building
drainage system.
iii. Each family dwelling unit shall have at
least one water closet, one lavatory, one kitchen type sink, and one bathtub or
shower to meet the basic requirements of sanitation and personal hygiene. All other structures for habitation shall be
equipped with sufficient sanitary facilities.
iv. Every building with installed plumbing
fixtures and intended for human habitation, occupancy, or use when located on
premises where a public sewer is available within a reasonable distance shall
be connected to the sewer.
v. The building drainage system shall be
designed to provide adequate circulation of air in all pipes with no danger of
siphonage, aspiration, or forcing of trap seals under conditions of ordinary
use.
vi. The drainage system shall be designed,
constructed, and maintained to conduct the waste water with velocities which
will prevent fouling, deposition of solids, and clogging.
vii. The drainage system shall be provided
with an adequate number of cleanouts so arranged that in case of stoppage the
pipes may be readily cleaned.
viii. Where a building drainage system may be
subjected to back flow of sewage, suitable provision shall be made to prevent
its overflow in the building.
ix. Each vent terminal shall extend to the
outer air and be so installed as to minimize the possibilities of clogging and
the return of foul air to the building.
x. No substance which will clog or
accentuate clogging of pipes, produce explosive mixtures, destroy pipes or
other joints, or interfere unduly with the sewage disposal process shall be
allowed to enter the drainage system.
xi. The piping of the plumbing system shall
be of durable material free from defective construction and so designed and
constructed as to give satisfactory service for its reasonable expected life.
xii. The plumbing system shall be subjected
to adequate tests and to inspections in a manner that will disclose all leaks
and defects in the work or the material.
xiii. Plumbing systems shall be maintained in a
safe and serviceable condition from the standpoint of both mechanics and
health.
xiv. Plumbing shall be installed with due
regard to preservation of the strength of structural members and prevention of
damage to the walls and other surfaces through fixture usage.
xv. Plumbing fixtures shall be made of
durable, smooth, nonabsorbent, and corrosion-resistant material and shall be
free from concealed fouling surfaces.
xvi. Plumbing fixtures, devices, and
appurtenances shall be supplied with water in sufficient volume and at
pressures adequate to enable them to function properly and without undue noise
under normal conditions of use.
xvii. Plumbing fixtures shall be designed and
adjusted to use the minimum quantity of water consistent with proper
performance and cleaning. Hot water
shall be supplied to all plumbing fixtures which normally need or require hot
water for their proper use and function.
xviii. All plumbing fixtures shall be so installed
with regard to spacing as to be accessible for their intended use and
cleansing.
xix. Each fixture shall be provided with a
separate, accessible self-scouring, reliable water-seal trap placed as near to
the fixture as possible.
xx. No water closet or similar fixture shall
be located in a room or compartment which is not properly lighted and
ventilated.
xxi. If water closets or other plumbing
fixtures are installed in a building where there is no sewer within a
reasonable distance, suitable provision must be made for treatment of the
building sewage by methods which meet the design criteria of the Minnesota
Pollution Control Agency.
xxii. Devices for heating water and storing it
shall be designed and installed to prevent all dangers from explosion and
overheating.
xxiii. Sewage or other waste shall not be
discharged into surface or subsurface water unless it first has been subjected
to an acceptable form of treatment.
Section 1.02 – Where a health or safety hazard exists by
reason of an existing plumbing installation or lack thereof, the owner or the
owner’s agent shall be responsible for installing additional plumbing or making
such corrections as may be necessary to abate such nuisance and bring the
plumbing installation within the provisions of these standards.
Section 2.01 – Required Facilities – Every dwelling unit
shall contain its own bathtub or shower, lavatory, water closet and kitchen
sink which shall be maintained in a sanitary, safe working condition. 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. A kitchen sink shall not be used as a substitute
for the required lavatory.
Section 3.01 – All plumbing fixtures shall be connected to
an approved system of water supply and provided with hot and cold running water
where necessary for its normal operation.
Section 3.02 – All plumbing fixtures shall be of an approved
glazed earthenware type or
of a similarly nonabsorbent material.
Section 4.01 – At least one water closet, lavatory and
bathtub or shower shall be
supplied for each four rooming units.
Section 4.02 – Toilet rooms shall be finished in smooth,
hard, nonabsorbent surface
material.
Section 5.01 – Water heating facilities shall be properly
installed, maintained and
capable of providing an adequate amount of water to be drawn
at every required sink,
lavatory, bathtub, shower, and laundry facility at a
temperature of not less than 120
degrees F.
Section 5.02 - A gas or oil burning water heater shall not
be located in any bathroom,
toilet room, bedroom or other occupied room normally kept
closed, unless adequate
combustion air is provided as prescribed by the
manufacturer.
Section 5.03 - An approved combination temperature and
pressure-relief valve and relief
discharge pipe shall be properly installed and maintained on
water heaters and boilers.
Section 6.01 – When connecting plastic to other types of
pipe use only approved types
of fittings and adaptors designed for the specific
transition. This also holds true when
connecting differing plastic type pipes.
h.
APPLIANCES
Section 1.01 – All dwelling units must be equipped with a
stove or alternative cooking
appliance, and a refrigerator capable by design and function
of keeping food items cold
and safe for use.
i. FOOD PREPARATION
AREAS
Section 1.01 – All spaces to be occupied for food preparation purposes shall contain
suitable space and equipment to store, prepare and serve foods in a sanitary manner.
There shall be adequate facilities and services for the sanitary disposal of food wastes
and refuse, including facilities for
temporary storage.
j. RUBBISH / GARBAGE
Section 1.01 – All exterior property and premises, and the
interior of every structure
shall be free from any accumulation of rubbish or garbage.
Section 1.02 – Every occupant of a structure shall dispose
of all rubbish in a clean and
sanitary manner by placing such rubbish in appropriate containers.
Section 1.03 - The owner of a rental unit with more than 4
(four) units shall provide adequate, leak proof containers for the storage of
such materials until removal from the premises for disposal according to
current City Code.
k. STAIRS & RAILS
Section 1.01 – All stairs, landings and railings shall be
maintained in sound condition
and good repair, be firmly fastened, and capable of
supporting normally imposed loads.
Section 2.01 – Handrails – All stairs consisting of 4 (four)
or more risers must have a
handrail mounted immediately adjacent to the stairs.
Section 2.02 – The
hand-grip portion of the rail shall not be less than 1 ¼ " not more
than 2 5/8" in cross sectional dimension or the shape
shall provide an equivalent gripping surface.
The hand grip portion shall have a smooth surface with no sharp
corners. Those projecting from a wall
shall have a space of not less than 1 ½" between the wall and rail.
HANDRAIL EXAMPLES
Section 2.03 – The top of handrails and handrail extensions
shall not be placed less
than 34" not greater than 38" above landings and
nosing of treads. The handrail shall
be continuous the full length of the stairs.
Section 3.01 – Guardrails – In 1
(one) or 2 (two) family dwellings, guardrails shall be a minimum of 36” in
height above finished floors. In all
other applications and occupancies, guardrails shall be a minimum of 42” above
the floor.
Section 3.02 – Open guardrails shall have intermediate rails
or an ornamental pattern
such that a sphere 4” in diameter cannot pass thru. The triangular openings formed by
the riser tread and bottom element of the guardrail at the
open side of the stairway may
be of such size that a sphere 6” in diameter cannot pass
thru.
OPENINGS BETWEEN RAILS
TRIANGULAR
OPENINGS AT TREADS
Section
3.03 – Unenclosed floors and roof openings, side of stairways, aisles,
landings,
ramps,
balconies, porches, and roofs used for other than service of buildings which
are
more than
30” above grade or the floor below shall be protected by a guardrail as
specified
in this chapter.
Section 4.01 – Landings at doors – Regardless of occupant
load served, landings shall
have a width not less than the width of the door or the
width of the stairway served,
whichever is greater.
Section 4.02 – There shall be a floor or a landing at the
top and bottom of each stairway
or stair run.
Section 4.03 – Landings shall be level except that exterior
landings may have a slope
not to exceed ¼ unit vertical in 12 units horizontal.
l. GENERAL BUILDING REQUIREMENTS
Section 1.01 – Privacy – Each dwelling unit must be capable
of being entered without
having to go thru another unit.
Section 2.01 – Every foundation, floor, wall, ceiling, roof,
window, exterior door,
basement and cellar hatchway shall be reasonably weather
tight; rodent proof; capable
of affording privacy; and kept in good repair.
Section 3.01 – Premise ID – Approved #’s or addresses shall
be provided in such a
position as to be plainly visible and legible from the
street or road fronting the property.
Section 4.01 – Elevators – Any building with an elevator
must have a current inspection
on file.
Section 5.01 – Exit Signs – In buildings with more than 4
units, the path of egress travel to and
within the exits shall be identified by exit signs.
Section 5.02 – Exit signs shall be readily visible from any
direction of approach, located
as necessary to clearly indicate the direction of egress
travel.
Section 5.03 – No point shall be more than 100 ft. from the
nearest visible exit sign.
Section 5.04 – Exits signs shall be either externally or internally
illuminated and remain
illuminated at all times.
Section 5.05 – Exit signs shall contain the word “exit” on
the sign in block capital letters
not less than 6” high with a stroke of not less than
¾”. The color and design of the
letters, arrow, and other symbols on the signs shall be in
high contrast with their
backgrounds.
Section 6.01 – Infestations – The property must be free of
rodent and insect
infestations.
m. ENVIRONMENTAL HAZARDS
Section 1.02 – General – Any suspected environmental hazards
will be pursued with the
appropriate agency.
n. MANUFACTURED HOMES
Manufactured Homes will be regulated by Title 24, Section
3280 of the Code of Federal
Regulations.
Subd. 22. Criminal Penalties. Violation of any
provision of this section by an owner, owner’s designated agent, and/or
occupant shall constitute a misdemeanor.
Subd. 23. Severability. If any provision of
this section or amendment thereto, or the application thereof to any person,
entity or circumstance, is held invalid or unconstitutional by a court of
competent jurisdiction, the remainder of this section shall remain in full
force and effect and the application thereof to other persons, entities or
circumstances shall not be affected thereby.