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Item 8AAGENDA ITEM # 8A MAY 27, 2008 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: International Property Maintenance Ordinance update. SUBMITTED BY: Michael Griffin CBO, CFM ,Building Official DATE; May 7, 2008 BACKGROUND: The City of Atlantic Beach recently adopted the 2006 International Property Maintenance Code (IPMC), attachment I, to replace the 1985 Standard Unsafe Building Code and the 1997 Standard Housing Code. The International Code Council (ICC) publishes the IPMC. In order to provide additional clarity, below are recommended insertions and deletions. Item # I 1. Section 101.1 Title. Insert: The Citv of Atlantic Beach Reason: self-explanatory 2. Section 102.3 Application of other codes. Amend to delete International Building Code, International Fuel Gas Code, International Mechanical Code and the ICC Electrical Code and replace with State of Florida Building Codes and the National Electrical Code. Reason: The International Codes stated in the IPMC have not been adopted by the City of Atlantic Beach or the State of Florida. The State of Florida Building, Fuel Gas, Mechanical and the National Electric Code are being enforced in Atlantic Beach. 3. Section 103. Title. Amend to read: Department of Public Safety and Building Department Reason: This designates the appropriate departments responsible for enforcement of the IPMC. 4. Section 103.1 General. Amend to read: The department of public safety and building department shall be designated to enforce the provisions of this code. Reason: This designates the appropriate departments responsible for enforcement of the IPMC. AGENDA ITEM # 8A MAY 27, 2008 5. Section 103.5 Fees. Delete this section. Reason; The City of Atlantic Beach has not adopted fees related to code enforcement services. 6. Section 110. 1 Gen®ral. Delete for a period of two years and replace with 6 months. Reason: To make consistent with current City of Atlantic Beach codes relating to the cessation of construction. 7. Section 110.3 Failure to comply. Add sentence to state: All administrative costs to the Citv of Atlantic Beach shall be considered when determining total cost of demolition. Reason: The City should recover all cost associated with the abatement of an unsafe structure. 8. Section 111.1 Application for appeal. Amend to read: Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Gode Enforcement Adjustments and Appeals Board, provided that a written application of appeal is filed within 20 days after the day of the decision notice or order was served Reason: This would designate the Code Enforcement Board as the appeals board for any decisions related to unsafe building abatement. Jurisdictions have combined the duties of code enforcement and adjustments and appeals to a single board eliminating the need for two separate boards. 9. Section 302.4 Weeds. In the first sentence, delete " (jurisdiction to insert height in inches)" and substitute 12 inches. Reason: Change makes this section compatible with City of Atlantic Beach Ordinance Chapter 12 Nuisances Sec. 12-1 (11) relating to overgrowth of weeds. 1q. S®ction 304.14 Insect Screens. In the first sentence, delete "[date] to [date]" and substitute: March 1 to December 1. Reason: This provides specific dates for requirement for window screens. 11. Section 602.3 H®at Supply. In the first sentence, delete "[date] to [date]" and substitute: November 1 to March 31. Reason: This provides a date to require heating for single-family dwellings. AGENDA ITEM # 8A MAY 27, 2008 12. Section 602.4 Occupiable workspaces. In the first sentence, delete "[date] to [date] and substitute: November 1 to March 31. Reason: This provides a date to require heating for a commercial business. Item#II Chapter 6 Article II Building Code Sec. 6-17 (b) (5) Unsafe buildings or s sy terns of the Atlantic Beach Code of Ordinances is used in conjunction with the International Property Maintenance Code (IPMC) to abate unsafe and dangerous structures and buildings, see attachment II. The City ordinance and the IPMC give little direction in defining or describing the characteristics of an unsafe building. The following should be inserted into the City ordinance describing the conditions deemed to be a public nuisance and an unsafe, substandard and dangerous building. Insert the following into Chapter 6 Article II Building Code Sec. 6-17 (b) (5) Unsafe buildings or systems, please see attachment II. a. For the purpose of this code, anv building or structure which has anv or all of the conditions or defects hereinafter described shall be deemed a public nuisance and an unsafe, substandard and dangerous buildinq,,,,provided that such conditions or defects exist to the extent that the life health, property or safety of the public or its occupants are endangered or to the extent that such building or structure creates a substantive adverse effect to the surrounding neighborhood, business environment or property values. Such structures and buildings shall be abated in accordance with the procedures of the 2006 International Property Maintenance Code. 1. Whenever any door, aisle. passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adeauate means of exit in case of fire or panic. 2. Whenever the stress in any materials, member or portion thereof due to all dead and live loads, is more than one and one-half times the working stress allowed in the Florida Building Code for new buildings of similar structure, purpose, or location. 3. Whenever anv portion thereof has been damaged by fire wind flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe AGENDA ITEM # 8A MAY 27, 2008 and is less than the minimum requirements of the Florida Building Code, for new buildings of similar purpose, or location. 4. Whenever anv portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 5. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not anchored. attached, or fastened in place so as to be capable of resisting a wind~ressure of one-third of that specified in the Florida Building Code, for new buildings of similar structure purpose or location without exceeding the working stresses permitted in the said Florida Building Code for such buildings. 6. Whenever any portion thereof has wracked, warped buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds than is required in the case of similar new construction. 7. Whenever the building or structure, or any portion thereof is likely to partially or completely collapse because of: a. dilapidation, deterioration, or decay; b. faulty construction: c. the removal. movement, or instability of any portion of the ground necessary for the purpose of supporting such building d. the deterioration, decay, or inadequacy of its foundation. 8. Whenever, for anv reason, the building or structure or anv portion thereof is manifestly unsafe for the purpose for which it is being used 9. Whenever the exterior walls or other vertical structural members list lean, or buckle to such an extent that a plumb line gassing through the center of gravity does not fall inside the middle one-third of the base 10. Whenever the building or structure, exclusive of the foundation shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its nonsupportinq members, enclosing or outside walls or coverings 11. Whenever the building or structure has been so damaged by fire wind or flood, or has become so dilapidated or deteriorated as to become: AGENDA ITEM # 8A MAY 27, 2008 a. an attractive nuisance to children• b. a. harbor for vagrants, criminals, or' c. as to enable persons to resort thereto for the purpose of committing unlawful acts. 12. Whenever anv building or structure has been constructed or exists or is maintained in violation of anv specific requirement or prohibition applicable to such building or structure provided by the building regulations of Atlantic Beach, as specified in the Florida Building Code or International Housing Code relating to the condition location, or structure of buildings. 13. Whenever anv building or structure which whether or not erected in accordance with all applicable laws and ordinances has any nonsupporting part, member or portion less than 33 percent or in any supporting part, member, or portion less than 50 percent of the (1) strength, (2) fire-resisting qualities or characteristics or (3) weather- resistant qualities or characteristics required by law in the case of a newly constructed building of like area height and occupancy in the same location. 14. Whenever a building or structure used or intended to be used for dwelling purposes. because of inadequate maintenance dilapidation decay. damage, faulty construction or arrangement inadequate light air, or sanitation facilities, or otherwise is determined by a State of Florida Health Official to be unsanitary unfit for human habitation or in such a condition that is likely to cause sickness or disease 15. Whenever any portion of a buildin or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months. so as to constitute such building or portion thereof an attractive nuisance or hazard to the public 16. Whenever any building or structure has been neglected or been allowed to deteriorate to such an extent that it has a blighting influence on the surrounding neighborhood. Such condition should be determined by common, reasonable observation of the building structure's exterior cladding. AGENDA ITEM # 8A MAY 27, 2008 BUDGET; There are no budget issues related to these changes. RECOMMENDATION; Adopt the amendments in the attached ordinance. ATTACHMENTS: Attachment I - Copy of the International Property Maintenance Code. Attachment 11- Copy of the Sample Ordinance For Adoption of the International Property Maintenance Code published by the International Code Council. Attachment III- Chapter 6 Article II Building Code Sec. 6 (5) Unsafe buildings or Systems of the Atlantic Beach Code. R®viewed by City Manager: Date: _.~ AGENDA ITEM # 8A MAY 27, 2008 A Member o f the International Code Family® INTERNATIONAL PROPERTY MAINTENANCE CODE INTERNATIONAL CODE COUNCIL® ~~. Register your product and receive FREE update services and much more. Go to www.iccsafe.org/CodesPlus today. Attachment I AGENDA ITEM # 8A MAY 27, 2008 CHAPTER 1 ADMINISTRATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Property Maintenance Code of [NAME OF JURISDICTION], hereinafter referred to as "this code." 101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all exist- ing premises and constitute minimum requirements and stan- dazds for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penal- ties. 101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare in so faz as they are affected by the continued occu- pancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provi- sions shall be altered or repaired to provide a minimum level of health and safety as required herein. 101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitu- tional, such decision shall not affect the validity of the remain- ing portions of this code. ~/ SECTION 102 APPLICABILITY 102.1 General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 101. Where, in a specific case, different sec- tions of this code specify different requirements, the most restrictive shall govern. 102.2 Maintenance. Equipment, systems, devices and safe- guazds 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 good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occu- pieddwelling, except for such temporary interruption as neces- sary while repairs or alterations are in progress. The requirements of this code 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 speci- fiedherein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises. 102.3 Application of other codes. Repairs, additions or alter- ations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Interna- tional Building Code, International Fuel Gas Code, Interna- tional Mechanical Code and the ICC Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code. 102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the juris- diction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and insanitary. 102.5 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions. 102.6 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures aze judged by the code official to be safe and in the public interest of health, safety and welfare. 102.7 Referenced codes and standards. The codes and stan- dards referenced in this code shall be those that aze listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference. Where differ- ences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. 102.8 Requirements not covered by code. Requirements nec- essaryfor the strength, stability or proper operation of an exist- ing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. SECTION 103 DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION 103.1 General. The department of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official. 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction; and the code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® AGENDA ITEM # 8A MAY 27, 2008 ADMINISTRATION 103.4 Liability. The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdic- tion, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties. Any suit instituted against any officer or employee because - of anact performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suitor proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of property mainte- nanceinspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provi- sions or by reason of any actor omission in the performance of. official duties in connection therewith. _ 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule. [JURISDICTION TO INSERT APPROPRIATE SCHEDULE.] SECTION 104 .DUTIES AND POWERS OF THE CODE OFFICIAL 104.1 General. The code official shall enforce the provisions of this code. 104.2 Rule-making authority. The code official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and proce- dures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements appli- cable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire perfor- mancerequirements specifically provided for in this code, or of violating accepted engineering methods involving public safety. 104.3 Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspec- tions shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.4 Right of entry. The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and sei- zures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law. 104.5 Identification. The code official shall carry proper iden- tification when inspecting structures or premises in the perfor- mance of duties under this code. 104.6 Notices and orders. The code official shall issue all nec- essary notices or orders to ensure compliance with this code. 104.7 Department records. The code official shall keep offi- cial records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or struc- ture to which such records relate remains in existence, unless otherwise provided for by other regulations. SECTION 105 APPROVAL 105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for indi- vidualcases, provided the code official shall first find that spe- cial individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files. 105.2 Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installa- tion of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code offi- cial finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the mate- rial, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 105.3 Required testing. Whenever there is insufficient evi- dence of compliance with the provisions of this code, or evi- dence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction. 105.3.1 Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency. 105.3.2 Test reports. Reports of tests shall be retained by the code official for the period required for retention of pub- lic records. 105.4 Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when neces- sary, placed in good and proper working condition and approved. SECTION 106 VIOLATIONS 106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. ADMINISTRATION AGENDA ITEM # 8A MAY 27, 2008 106.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 107. 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the vio- lation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, cor- rect or abate such violation, or to require the removal or termi- nation of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 106.4 Violation penalties. Any person who shall violate a pro- vision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation con- tinues after due notice has been served shall be deemed a sepa- rate offense. , 106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, cor- rect or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, con- duct, business or utilization of the building, structure or pre- mises. 107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is: Delivered personally; 2. Sent by certified or first-class mail addressed to the last known address; or 3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicu- ous place in or about the structure affected by such notice. 107.4 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4. 107.5 'IYansfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to 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 have been com- plied with, 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 code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledg- ing 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. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT SECTION 107 NOTICES AND ORDERS 107.1 Notice to person responsible. Whenever the code offi- cial determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3. 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for iden- tification. 3. Include a statement of the violation. or violations and-why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the pro- visions of this code. 5. Inform the property owner of the right to appeal. 6. Include a statement of the right to file a lien in accordance with Section 106.3. 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occu- pants in the event of fire,.or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. 108.1.3 Structure unfit for human occupancy. A struc- ture is unfit for human occupancy whenever the code offi- cial fmds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® AGENDA ITEM # 8A MAY 27, 2008 ADMINISTRATION sanitary or heating facilities or other essential equipment required by this code, or because the location of the struc- ture constitutes a hazard to the occupants of the structure or to the public. 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any. available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equip- ment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2. 108.4 Placarding. Upon failure of the owner or person respon- sible to comply with the notice provisions within the time given, the code official shall post on the premises or on defec- tiveequipment a placazdbearingthe word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placadd. 108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placazding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. 108.5 Prohibited occupancy. Any occupied structure con- demned and placazded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. SECTION 109 EMERGENCY MEASURES 109.1 Imminent danger. When, in the opinion of the code offi- cial, there is imminent danger of failure or collapse of a build- ing or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occu- pation of the structure, or when there is actual or potential dan- ger to the building occupants or those in the proxunity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. 109.2 Temporary safeguards. Notwithstanding other provi- sions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. 109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. 109.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. 109.5 Costs of emergency repairs. Costs incurred in the per- formance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery"of such costs. 109.6 Hearing. Any person ordered to take emergency mea- sures shall comply with such order forthwith. Any affected per- sonshallthereafter, upon petition directed to the appeals boazd, be afforded a hearing as described in this code. SECTION 110 DEMOLITION 110.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation ar occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure. 110.2 Notices and orders. All notices and orders shall comply with Section 107. 110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® ADMINISTRATION AGENDA ITEM # 8A MAY 27, 2008 code official shall cause the structure to be demolished and removed, either through an available public agency or by con- tract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 110.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transac- tion, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. SECTION 111 MEANS OF APPEAL 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately sat- isfied by other means. 111.2 Membership of board. The board of appeals shall con- sist of aminimum ofthree members who aze qualified by expe- rience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex-officio member but shall have no vote on any matter before the boazd. The boazd shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms. 111.2.1 Alternate members. The chief appointing author- ity shall appoint two or more alternate members who shall be called by the boazd chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board member- ship. 111.3 Notice of meeting. The boazd shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings. 111.4 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's representa- tive, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two-thirds of the boazd member- ship. 111.4.1 Procedure. The boazd shall adopt and make avail- able to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. 111.5 Postponed hearing. When the full board is not present to hear an appeal, either the appellant or the appellant's repre- sentative shall have the right to request a postponement of the hearing. 111.6 Board decision. The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of appointed board members. 111.6.1 Records and copies. The decision of the boazd shall be recorded. Copies shall be furnished to the appellant and to the code official. 111.6.2 Administration. The code official shall take imme- diate action in accordance with the decision of the board. 111.7 Court review Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropri- ate court for a writ of certiorari to correct errors of law. Appli- cationfor review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. 111.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforce- ment of the notice and order until the appeal is heard by the appeals board. 111.2.2 Chairman. The board shall annually select one of its members to serve as chairman. 111.2.3 Disqualification of member. A member shall not hear an appeal in which that member has a personal, profes- sional or financial interest. 111.2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all pro- ceedings in the office of the chief administrative officer. 111.2.5 Compensation of members. Compensation of members shall be determined by law. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® AGENDA ITEM # 8A MAY 27, 2008 CHAPTER 2 DEFINITIONS SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singulaz number includes the plural and the plural, the singulaz. 201.3 Terms defined in other codes. Where terms aze not de- fined in this code and aze defined in the International Building Code, International Fire Code, International Zoning Code, In- ternational Plumbing Code, International Mechanical Code or the ICC Electrical Code, such terms shall have the meanings ascribed to them as stated in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 201.5 Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit" "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof." SECTION 202 GENERAL DEFINITIONS APPROVED. Approved by the code official. BASEMENT. That portion of a building which is partly or completely below grade. BATHROOM. A room containing plumbing fixtures includ- ing abathtub or shower. BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. CONDEMN. To adjudge unfit for occupancy. [B] 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. EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots. EXTERIOR PROPERTY. The open space on the premises and on adj oining property under the control of owners or opera- tors of such premises. EXTERMINATION. The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. GARBAGE. The animal or vegetable waste resulting from the handling, prepazation, cooking and consumption of food. GUARD. A building component or a system of building com- ponents located at or near the open sides of elevated walking surfaces that minimises the possibility of a fall from the walk- ing surface to a lower level. HABITABLE SPACE. Space in a structure for living, sleep- ing, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas aze not considered habitable spaces. HOUSEKEEPING UNIT. A room or group of rooms form- ing asingle habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower. IlVIlVIINENT DANGER. A condition which could cause seri- ous or life-threatening injury or death at any time. INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. INOPERABLE MOTOR VEHICLE. A vehicle which can- not be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. LABELED. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identify- ing mark of a nationally recognized testing laboratory, inspec- tion agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufac- turer attests to compliance with applicable nationally recog- nized standards. LET FOR OCCUPANCY OR LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building. OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® AGENDA TI'EM # 8A MAY 27, 2008 DEFINITIONS OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the properly; or otherwise having control of the property, including the guazdian of the estate of any such per- son, and the executor or administrator of the estate of such per- son if ordered to take possession of real property by a court. PERSON. An individual, corporation, partnership or any other group acting as a unit. PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon. PUBLIC WAY. Any street, alley or similaz parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling. ROOMING UNIT. Any room or group of rooms fomrning a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH. Combustible and noncombustible waste materi- als, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yazd trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similaz materials. [B] SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove crimi- nal intent as a pazt of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. STRUCTURE. That which is built or constructed or a portion thereof. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. VENTILATION. The natural or mechanical process of sup- plying conditioned or unconditioned air to, or removing such air from, any space. WORKMANLIKE. Executed in a skilled manner; e.g., gen- erally plumb, level, square, in line, undamaged and without marring adjacent work. YARD. An open space on the same lot with a structure. AGENDA ITEM # 8A MAY 27, 2008 CHAPTER3 GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. 301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. 302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. 302.4 Weeds. All premises and exterior property shall be main- tained free from weeds or plant growth in excess of (jurisdic- tion to insert height in inches). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a prop- erty to cut and destroy weeds after service of a notice of viola- tion, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having juris- diction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 302.5 Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abut- ting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. All accessory structures, includ- ing detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor vehicles. Except as provided for in other regula- tions, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said sur- face to an approved state of maintenance and repair. SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS 303.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot ±ubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or bamer at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latch- ing. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self- latching gates shall be maintained such that the gate will posi- tivelyclose and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® GENERAL REQUIREMENTS shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Exception: Spas or hot tubs with a safety cover that com- plies with ASTM F 1346 shall be exempt from the provi- sions of this section. SECTION 304 EXTERIOR STRUCTURE 304.1 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. 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, 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 sur- faces 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. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. [F] 304.3 Premises identiflication. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). 304.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 304.5 Foundation walls. All foundation walls shall be main- tainedplumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a man- ner that creates a public nuisance. 304.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 10 AGENDA ITEM # 8A MAY 27, 2008 304.9 Overhang extensions. All overhang extensions includ- ing, but not limited to canopies, marquees, signs, metal awn- ings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coat- ing materials, such as paint or similaz surface treatment. 304.10 Stairways, decks, porches and balconies. Every exte- rior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similaz appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather- coating materials, such as paint or similar surface treatment. 304.12 Handrails and guards. Every handrail and guard shall be fumly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hazdwaze. 304.14 Insect screens. During the period from [DATE] to [DATE], every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or uti- lized in food for human consumption are processed, manufac- tured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have aself-closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. 304.15 Doors. All exterior doors; door assemblies and hazd- ware shall be maintained in good condition. Locks at all en- trances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and sur- face drainage water. 304.17 Guards for basement windows. Every basement win- dow that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® GENERAL REQUIREMENTS AGENDA ITEM # 8A MAY 27, 2008 304.1$ Building security, Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be pro- vided with devices designed to provide security for the occu- pants and property within. 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a lock throw of not less than 1 inch (25 mm). Such deadbolt locks shall be installed according to the man- ufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. 304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. 304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or house- keeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. SECTION 305 INTERIOR STRUCTURE 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sani- tary condition. Every owner of a structure containing a room- ing house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupan- cies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 305.2 Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 305.3 Interior surfaces. All interior surfaces, including win- dows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be main- tained in sound condition and good repair. 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, head- ers or tracks as intended by the manufacturer of the attachment hardware. SECTION 306 HANDRAILS AND GUARDRAILS 306.1 General. Every exterior and interior flight of stairs hav- ingmorethan four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1067 mm) high measured verti- " cally above the nosing of the tread or above the fmished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, bal- cony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code. SECTION 307 RUBBISH AND GARBAGE 307.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. 307.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. 307.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered contain- ers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish. 307.2.2 Refrigerators. Refrigerators and similar equip- ment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. 307.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. 307.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incin- eratorunit inthe structure available to the occupants in each dwelling uzut; or an approved leakproof, covered, outside garbage container. 307.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal. SECTION 308 EXTERMINATION 308.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 11 AGENDA ITEM # 8A MAY 27, 2008 GENERAL REQUIREMENTS 308.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leas- ing the structure. 308.3 Single occupant. The occupant of aone-family dwelling or of a single-tenant nonresidential structure shall be responsi- ble for extermination on the premises. 308.4 Multiple occupancy. The owner of a structure contain- ing two or more dwelling units, a multiple occupancy, a room- ing house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occu- pant to prevent such infestation in the area occupied, the occu- pant shall be responsible for extermination. 308.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermina- tion. 12 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® AGENDA ITEM # 8A MAY 27, 2008 CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS SECTION 401 GENERAL 401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. 401.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compli- ance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any pre- misesthat donot comply with the requirements of this chapter. 401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted. SECTION 402 LIGHT 402.1 Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the out- doors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. 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 deemed to face 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. Exception: Where natural light for rooms or spaces without exterior glazing azeas 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 (2.33 mz). The exte- rior glazing area shall be based on the total floor azea being served. 402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two- family dwellings, shall be lighted at all times with 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). In other than residential occupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of 1 footcandle (11 lux) at floors, landings and treads. 402.3 Other spaces. 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. SECTION 403 VENTILATION 403.1 Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the win- dow in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 402.1. Exception: Where rooms and spaces without openings to the outdoors aze ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor azea of the interior room or space, but not less than 25 squaze feet (2.33 mz). The ventilation open- ings to the outdoors shall be based on a total floor area being ventilated. 403.2 Bathrooms and toilet rooms. Every bathroom and toi- let room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, 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 dis- charge to the outdoors and shall not be recirculated. 403.3 Cooking facilities. Unless approved through the certifi- cate of occupancy, cooking shall not be permitted in any room- ing unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dor- mitory unit. Exceptions: 1. Where specifically approved in writing by the code official. 2. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances. 403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the con- taminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. 403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions. SECTION 404 OCCUPANCY LIMITATIONS 404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be sepazate from other adjoining spaces. 404.2 Minimum room widths. A habitable room, other than a kitchen, shall not be less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a cleaz passageway of not less 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 13 li~t~sziir~am x uti~ca r w AGENDA ITEM # 8A MAY 27, 2008 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS than 3 feet (914 mm) between counterfronts and appliances or counterfronts and walls. 404.3 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry azeas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than 7 feet (2134 mm). Exceptions: 1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting not more than 6 inches (152 mm) below the required ceiling height. 2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear height under beams, gird- ers, ducts and similar obstructions. 3. Rooms occupied exclusively for sleeping, study or similar purposes and having 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. 404.4 Bedroom and living room requirements. Every bed- room and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5. 404.4.1 Room area.. Every living room shall contain at least 120 square feet (11.2 m2) and every bedroom shall con- tain at least 70 square feet (6.5 mz). 404.4.2 Access from bedrooms. Bedrooms shall not con- stitute the only means of access to other bedrooms or habit- able spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bedrooms. 404.4.3 Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story. 404.4.4 Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes. 404.4.5 Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not lim- ited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of Chap- ter 5; the heating facilities and electrical receptacle require- ments of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7. ' 404.5 Overcrowding. The number of persons occupying a dwelling unit shall not create conditions that, in the opinion of the code official, endanger the life, health, safety or welfare of the occupants. /~ 404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following require- ments: 1. A unit occupied by not more than two occupants shall have a clear floor azea of not less than 220 square feet - (20.4 m2). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 m2). These required areas shall be exclusive of the azeas required by Items 2 and 3. 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. 3. The unit shall be provided with a separate bathroom con- taining awater closet, lavatory and bathtub or shower. 4. The maximum number of occupants shall be three. 404.7 Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equip- ment 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 tem- porary storage. 14 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® AGENDA ITEM # 8A MAY 27.2008 CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. 501.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the require- ments of this chapter. [P] SECTION 502 REQUIRED FACILITIES 502.1 Dwelling units. 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 condi- tion. 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. 502.2 Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. 502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bath- tub or shower having access from a public hallway shall be pro- vided for each ten occupants. 502.4 Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees. 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or dis- posable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. 503.3 Location of employee toilet facilities. Toilet facilities shill have access from within the employees' working azea. The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area tb the facilities. 503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. [P] SECTION 504 PLUMBING SYSTEMS AND FIXTURES 504.1 General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of per- forming the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. 504.2 Fixture clearances. Plumbing fixtures'shall have ade- quate clearances for usage and cleaning. 504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazazd to the occu- pants or the structure by reason of inadequate service, inade- quate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to elimi- nate the hazard. SECTION 505 WATER SYSTEM [P] SECTION 503 TOILET ROOMS 503.1 Privacy. Toilet rooms and bathrooms shall provide pri- vacy and shall not constitute the only passageway 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. 503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. 505.1 General. Every sink, lavatory, bathtub or shower, drink- ing fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code. [P] 505.2 Contamination. The water supply shall be main- tamedfree from contamination, and all water inlets for plumb- ing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses aze attached and left in 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 15 AGENDA ITEM # 8A MAY 27, 2008 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS place, shall be protected by an approved atmospheric-type vac- uum breaker or an approved permanently attached hose con- nection vacuum breaker. 505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pres- sures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. 505.4 Water heating facilities. 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 110°F (43 °C). Agas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combus- tion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. [P] SECTION 506 SANITARY DRAINAGE SYSTEM 506.1 General. All plumbing fixtures shall be properly con- nected to either a public sewer system or to an approved private sewage disposal system. 506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. [P] SECTION 507 STORM DRAINAGE 507.1 General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be dis- charged in a manner that creates a public nuisance. 16 20061NTERNATIONAL PROPERTY MAINTENANCE CODE® AGENDA ITEM # 8A MAY 27, 2008 CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 GENERAL 601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equip- ment in compliance with these requirements. A person shall not occupy asowner-occupant or permit another person to occupy any premises which does not comply with the require- ments of this chapter. SECTION 602 HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room tempera- ture of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Exception: In areas where the average monthly tempera- ture is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from [DATE] to [DATE] to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms, and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, mainte- nance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code. 2. In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from [DATE] to [DATE] to maintain a temperature of not less than 65°F (18°C) during the period the spaces aze occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vig- orous physical activities. 602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor neaz the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. SECTION 603 MECHANICAL EQUIPMENT 603.1 Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. 603.2 Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel-burning equipment and appliances which aze labeled for unvented operation. 603.3 Clearances. All required clearances to combustible materials shall be maintained. 603.4 Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation. 603.5 Combustion air. A supply of air for complete combus- tion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment. 603.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to afuel-burning appli- ance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. SECTION 604 ELECTRICAL FACILITIES 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605. 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the ICC Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single- 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 1~ MECHANICAL AND ELECTRICAL REQUIREMENTS phase electrical service having a rating of not less than 60 amperes. 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occu- pants 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 code official shall require the defects to be corrected to eliminate the hazard. SECTION 605 ELECTRICAL EQUIPMENT 605.1 Installation. All electrical equipment, wiring and appli- ances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Every habitable space in a dwelling shall contain at least two sepazate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit inter- rupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. ~ 605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and fur- ~ nace room shall contain at least one electric luminaire. SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be ~ maintained in compliance with ASME A17.1. The most cur- ,y rent certification of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, or the certificate shall be available for public inspection in the office of the building operator. The inspection and tests shall be performed at not less than -the periodical intervals listed in ASME A17.1, Appendix N, except where otherwise.specified by the authority having jurisdiction. 606.2 Elevators. In buildings equipped with passenger eleva- tors, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. SECTION 607 DUCT SYSTEMS 607.1 General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. 18 AGENDA ITEM # 8A MAY 27, 2008 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® AGENDA ITEM # 8A MAY 27, 2008 CHAPTER7 FIRE SAFETY REQUIREMENTS SECTION 701 GENERAL 701.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided. 701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in com- pliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any pre- misesthat donot comply with the requirements of this chapter. [F] SECTION 702 MEANS OF EGRESS 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way, Means of egress shall comply with the Inter- national Fire Code. 702.2 Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed. 702.3 Locked doors. All means of egress doors shall be readily operable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code. 702.4. Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be oper- ational from the inside of the room without the use of keys or tools.l3azs, grilles, grates or similar devices aze permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and 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. [F] SECTION 703 FIRE-RESISTANCE RATINGS 703.1 Fire-resistance-rated assemblies. The required fire- resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained. 703.2 Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable condition. Fire -doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable. [F] SECTION 704 FIRE PROTECTION SYSTEMS 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any com- binationthereof shall be maintained in an operable condition at all times in accordance with the International Fire Code. 704.2 Smoke alarms. Single ormultiple-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 sepazate sleeping area in the immediate vicinity of bedrooms. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabit- able attics. In dwellings or dwelling units with split lev- els 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 groups in accordance with the International Fire Code. 704.3 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 wir- ing 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. 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 alter- ations or repairs that 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 building wiring without the removal of interior finishes. 704.4 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 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 19 AGENDA ITEM # 8A MAY 27, 2008 FIRE SAFETY REQUIREMENTS 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 interven- ing 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 fmishes expos- ing the structure, unless there is an attic, crawl space or basement available which could provide access for inter- connection without the removal of interior fmishes. { 20 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® AGENDA ITEM # 8A MAY 27, 2008 ORDINANCE The International Codes aze designed and promulgated to be adopted by reference by ordinance. Jurisdictions wishing to adopt the 2006 International Property Maintenance Code as an enforceable regulation governing existing structures and premises should ensure that certain factual information is included in the adopting ordinance at the time adoption is being considered by the appro- priate governmental body. The following sample adoption ordinance addresses several key elements of a code adoption ordinance, including the information required for insertion into the code text. SAMPLE ORDINANCE FOR ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE ORDINANCE NO. An ordinance of the [JURISDICTION] adopting the 2006 edition of the International Property Maintenance Code, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures aze safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing struc- tures in the [JURISDICTION]; providing for the issuance of permits and collection of fees therefor; repealing Ordinance No. of the [JURISDICTION] and all other ordinances and parts of the ordinances in conflict therewith. The [GOVERNING BODY] of the [JURISDICTION] does ordain as follows: Section 1. That a certain document, three (3) copies of which are on file in the office of the [TITLE OF JURISDICTION'S KEEPER OF RECORDS] of [NAME OF JURISDICTION], being mazked and designated as the International Property Maintenance Code, 2006 edi- tion, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the [JURISDIC- TION], in the State of [STATE NAME] for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and col- lection offeestherefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the [.iuxisnlCTTOx] are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordi- nance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance. Section 2. The following sections are hereby revised: Section 101.1. Insert: [NAME OF JURISDICTION] Section 103.5. Insert: (APPROPRIATE SCHEDULE] Section 302.4. Insert: [HEIGHT IN INCHES] Section 304.14. Insert: [DATES IN TWO LOCATIONS] Section 602.3. Insert: [DATES IN TWO LOCATIONS] Section 602.4. Insert: [DATES IN TWO LOCATIONS] Section 3. That Ordinance No. of [JURISDICTION] entitled [FILL IN HERE THE COMPLETE TITLE OF THE ORDINANCE OR ORDINANCES IN EFFECT AT THE PRESENT TIME 50 THATTHEY WILL BE REPEALED BY DEFINITE MENTION] and all other ordinances or parts of ordinances in conflict herewith aze hereby repealed. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The [GOVERNING BODY] hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declazed unconstitutional. Section 5. That nothing in this ordinance or in the Property Maintenance Code herebyadopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or exist- 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® Attachment II AGENDA ITEM # 8A MAY 27, 2008 ing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. Section 6. That the [JURISDICTION'S KEEPER OF RECORDS] is hereby ordered and duected to cause this ordinance to be published. (An additional provision may be required to direct the number of times the ordinance is to be published and to specify that it is to be in a newspaper in general circulation. Posting may also be required.) Section 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect [TIME PERIOD] from and after the date of its final passage and adoption. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® AGENDA ITEM # 8A MAY 27, 2008 § 6-17 ATLANTIC BEACH CODE the conditions under which work may be resumed. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work. (4) Revocation of permits. (5) a. Misrepresentation of application. The building official may revoke a permit or approval, issued under the provisions of this code, in case there has beQn any false statement or misrepresentations as to the material fact in the application or plans on which the permit or approval was.based. b. Volation of code provisions. The building official may revoke a permit upon determination by the building official that the construction, erection, alteration, repair, moving, demolition, installation or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code. Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing, systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall n be abated by repair and rehabilitation or by demolition in accordance with the provisions of the. Standard Unsafe Building Abatement Code. /r15E~-T !~'etowuse.~o~~r-p,l t i.~ , f'ev, Il -'7~" (6) Requirements not covered by code. Any requirements necessary for the streng~'h, stability or proper operation .of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or the other technical codes, shall be determined by the building official. (Ord. No. 25-02-32, § 2, 11-11-02) Sec. 6-18. Construction site management. (a) Issuance of permit. No building permit shall be issued unless a construction site management plan has been submitted and approved by the building official. Persons who intend to make any of the following improvements: lot clearing, grading, stockpiling of soil, demolition, building construction or reconstruction, building alteration or addition shall designate either a licensed contractor or owner-builder for the purposes of the construction site management requirements. These requirements set,,,;n;,,,um standards far the operation of the project site to eliminate or minimize impacts to the site and to the neighborhood to include containment of sediment, surface water discharge, erosion of soil, vehicle parking and loading area, traffic control, fencing, placement of materials, safety, neatness and cleanliness. Supp. No. 30 410 Attachment III