§ 10-77. Minimum standards of fitness—Unsafe conditions.

(a)

If any of the following unsafe conditions exist, the code enforcement officer shall determine that a dwelling is unsafe and represents an immediate threat to life and property. The owner shall, within forty-eight (48) hours of being notified in writing or in person, have the unsafe conditions corrected or be in violation of this article.

(1)

Unsafe fuel containers present inside the dwelling or dwelling unit and not stored properly.

(2)

Egress path or exit point is blocked or is not operable as was originally intended and does not meet requirements set forth in International Residential Code Section R311.4.4 (This includes, but is not limited to, windows and doors that open to the exterior of the dwelling).

(3)

Presence of raw sewage or open sewer in or near the dwelling, whether from broken, plugged or inoperative fixtures or pipes inside the dwelling. Improperly operating or no sanitary facilities.

(4)

No operable smoke and/or CO detectors installed in the dwelling per the International Residential Code Section R313.

(5)

Internal accumulation of garbage.

(6)

Presence of uncontained flammable or combustible liquids or gases, poisonous solids, liquids or gases or life- or health-threatening depletion of oxygen.

(b)

If any of the following unsafe conditions exist, the code enforcement officer shall determine that a dwelling is unsafe and represents an immediate threat to life and property. The owner shall, within forty-eight (48) hours of being notified in writing or in person, have the unsafe conditions corrected or present a compliance plan in writing to the code enforcement officer, otherwise being in violation of this article. The compliance plan must state the reason for being unable to correct the unsafe conditions within forty-eight (48) hours, who will be performing the repair work and whether or not a permit will be required to complete the work.

(1)

No operating heating facilities between November 1 and March 30 of any year.

(2)

No potable water service. Every dwelling shall be furnished with a potable water supply system. "Potable water supply" means direct connection to a well, to a public water utility or equivalent water service delivery system, and does not include water delivered through a hose or via containers.

(3)

No electricity.

(4)

Unsafe or inoperable mechanical equipment (i.e., heating unit for dwelling, water heating unit) which does not meet the standards as set forth in International Property Maintenance Code Sections 505.4 and 602.2.

(5)

Unsafe cooking equipment. (All cooking equipment and facilities shall be installed in an approved manner and shall be maintained in safe working condition. Portable cooking equipment employing flame is prohibited as a substitute for approved cooking equipment. Portable cooking equipment is prohibited outside the kitchen area of a boarding or rooming house.)

(6)

Failing or failed primary structural members that threaten the stability of the dwelling and/or visible structural defects that appear to render the structural members ineffective; there exists a physical threat due to immediate possibility of collapse.

(7)

Overloaded, non-isolatable electrical circuits or unsafe or exposed electrical wiring.

(8)

Missing roof, or part of roof missing.

(9)

Chimney flues kept in unsafe manner.

Chimneys must comply with the following:

a.

Chimneys must be safe for use as specified and intended. "Specified" means use in connection with specific heating appliances or systems, or limitations of such use. "Intended" means use in connection with combustion of fuel, for which the following minimum chimney standards apply:

1.

Flue liner intact;

2.

Chimney mortar and bricks secure;

3.

Flue unobstructed;

4.

Fireplace firebricks intact;

5.

Stove piping placed and secured with clearances as follows:

• Minimum twelve-inch brick clearance separation from combustibles; or

• Minimum nine-inch air separation for insulated listed stove piping; or

• Minimum one-inch air clearance surrounded by six-inch glass fiber insulation and ventilated thimble assembly; or

• Minimum two-inch air separation for insulated listed stove piping with one-inch air space between inner and outer chimney components; and as otherwise described in National Fire Protection Association's Standard 211, "Chimneys, Fireplaces, Vents and Solid Fuel-Burning Appliances," 1992 edition.

6.

Heating appliance clearances maintained at thirty-six (36) inches from combustible materials and/or surfaces, except that clearances may be reduced as provided in National Fire Protection Association's Standard 211. "Chimneys, Fireplaces, Vents and Solid Fuel-Burning Appliances," 1992 edition.

b.

Chimneys that do not meet these standards shall be either repaired or sealed.

(10)

Interior wall sheathing or sheeting that is not present, or has been removed, to a point where there is little or no protection from spread of fire from story to story, or from other habitable spaces to bedrooms.

(11)

Holes in flooring large enough and located as such to create a hazard or loose flooring that could cause collapse.

(12)

Five (5) or more minor violations exist as set forth in section 10-78 of this Code.

(c)

The code enforcement officer shall give priority enforcement to any dwelling that falls within these provisions.

(Ord. No. 2014-05, § 3, 2-18-14)

Editor's note

Ord. No. 2014-05, § 3, adopted Feb. 18, 2014, amended § 10-77 in its entirety to read as set out herein. Former § 10-77 pertained to unsafe conditions and derived from the Code of 1977, § 12-43; Ord. No. 2001-45, § 12, adopted June 19, 2001.

Cross reference

Fire prevention and protection, Ch. 9.