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16155• i ORDINANCE NO. 16,155 AN ORDINANCE REVISING CHAPTER 8, ARTICLE V KNOWN AS THE HOUSING CODE AND ESTABLISHING REGULATIONS, PROCEDURES, GUIDELINES AND, PENALTIES FOR VIOLATIONS THEREOF; AND DECLARING AN EMERGENCY. NOW, therefore, be it ordained by the Board of Directors of the City of Little Rock, Arkansas: SECTION 1. Chapter 8, Section 8 -327 Definitions is hereby amended to read as follows: SECTION 6-327 Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alter or alteration means any change or modification in construction or occupancy. Apartment means a room or a suite of rooms occupied, or which is intended or designed to be occupied, as the home or residence of one (1) individual, family or household, for housekeeping purposes. Apartment house means any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of more than two (2) families living independently of each other and doing their own cooking in said building, and shall include flats and apartments. Approved means approved by the building official. Area as applied to the dimensions of a building, means the maximum horizontal projected area of the building at grade. Accessory structure means a detached structure subordinate in land coverage to the principle structure located on the same property. Attic story means any story situated wholly or partly in the roof, so designated, arranged or built as to be used for storage, or habitation. 3� v5�, C-�{ 37 Basement means a portion of a building located wholly or partly underground. Bearing wall means a wall which supports any vertical load in addition to its own weight. Boarding house means a rooming or lodging house where meals are provided. Building means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. The term "building" shall be construed as if followed by the words "or part thereof ". Building official means the officer or other person, charged with the administration and enforcement of this article or his duly authorized representative. Chimney means a vertical shaft of masonry, reinforced concrete, or other approved noncombustible, heat - resisting material enclosing one (1) or more flues, for the purpose of removing products of combustion from solid, liquid, or gas fuel. Department means the department assigned administrative and enforcement authority for this code. Dilapidated dwelling or structure means a dwelling, dwelling unit, multiple dwelling, apartments, apartment houses, rooming and boarding houses including among others, garages, sheds, and similar accessory structures, which by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, are unsafe, unsanitary, or which constitute a fire hazard, or are otherwise dangerous to human life and are no longer adequate for the purpose for which they were originally intended. It is the intent of the definition to include any and all structures as may legally come within the scope of the definition of structures as set forth in this section. Dwelling means any building which is wholly or partly used for or intended to be used for living or sleeping by human occupants whether or not such building is occupied or vacant; provided that temporary housing shall not be regarded as a dwelling. "Dwelling" shall be construed as if followed by the words "or part thereof ". Dwelling unit means any room or group of rooms within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating, whether or not such unit is occupied or vacant. "Dwelling unit" shall be construed as if followed by the words "or part thereof ". 2 r r r r r r r r �■■ r r r r r r� Exit corridor means any corridor or passageway used as an integral part of the exit system. That portion of a corridor or passageway which exceeds the allowable distance of travel to an exit, becomes an exit corridor or passageway. Exterior wall means a wall, bearing or non - bearing, which is used as an enclosing wall for a building, but which is not necessarily suitable for use as a party wall or fire wall. Extermination means the control and extermination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods as approved by the building official. Family means in addition to customary domestic servants, either: (1) An individual or two (2) or more persons related by blood, marriage, adoption, maintaining a common household in a dwelling unit; or (2) A group of not more than four (4) persons who are not related by blood, marriage or adoption, living together as a common household in a dwelling unit; or (3) A group of not more than eight (8) unrelated mentally retarded or physically handicapped persons which may include two (2) additional persons, acting as house parents or guardians, who need not be related to each other, or to any of the mentally retarded or physically handicapped persons in the group. Floor area means the total area of all habitable space in a room, building or structure. Flue means a vertical passageway for products of combustion. Foundation wall means a wall below the first floor extending below the adjacent ground level and serving as support for a wall, pier, column, or other structural part of a building. Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. Grade with reference to a building means, when the curb level has been established the mean elevation of the curb level opposite those walls that are located on, or parallel with and within fifteen (15) feet of street lines; or when the curb level has not been established, or all the walls of the building are more than fifteen (15) feet from street lines, "grade" means the average of the finished ground level at the center of all walls of a building. 3 • • 39 Habitable room means a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathroom, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage. Heating furnaces and boilers includes warm air furnaces, floor- mounted direct -fired unit heaters, hot water heaters, and steam boilers operating at not in excess of fifteen (15) pounds of gauge pressure, used for heating of buildings or structures. Infestation means the presence within or around a dwelling, of termites, beetles, insects, rodents, or other pests. Multiple dwelling means any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or resident of two (2) or more families living independently of each other and doing their own cooking in the building. "Multiple dwelling" includes flats and apartments. owner means: (1) The holder of the title in fee simple and any person, group of persons, company, association or corporation in whose name tax bills on the property are submitted and /or; (2) Any person who, alone or jointly or severally with other has legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof, and /or; (3) Has charge, care or control of any dwelling or dwelling unit, as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possessions, assignee of rents, lessee, or other person of a building, or their duly authorized agent. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. It is his responsibility to notify the actual owner of reported infractions pertaining to the property which apply to the owner. occupant means any person over one (1) year of age, living, sleeping, cooking, or eating in, and having legal possession of a dwelling unit or rooming unit. Openable area means that part of a window or door which is available for unobstructed ventilation and egress which opens directly to the outdoors. 40 Operator means any person who has charge, care or control of a building or part thereof, in which dwelling units, or rooming units are let. Ordinary minimum winter conditions means the temperature twenty (20) degrees Fahrenheit above the lowest recorded temperature for the previous fifteen -year period. Plumbing means the practice materials, and fixtures used in the installation, maintenance, extension, and alteration of all piping fixtures, appliances, and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system and the public or private water supply systems, within or adjacent to any building, structure or conveyance; also the practice and materials used in the installation, maintenance, extension or alteration of stormwater, liquid waste, or sewage, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. Premises means a lot, or parcel of land including the buildings or structures thereon. "Premises" shall be construed as if followed by the words "or part thereof ". Public area means an unoccupied open space within or adjoining a building and on the same property, that is permanently maintained accessible to the fire department or other emergency personnel and free of all encumbrances that might interfere with its use. Repair means the replacement of existing work with current acceptable material, not including additional work, that would change the structural safety of the building, or that would affect or change required exit facilities, a vital element of an elevator, plumbing, gas, piping, wiring or heating installations, or that would be in violation of law or ordinance. The term "repair" shall not apply to any change of construction. Required means necessitated by some provision of this article. Residential occupancy means buildings in which families or households live. Such buildings include dwelling and multiple dwellings. Rooming house means any place or building, or structure consisting of four (4) or more rooms that are used, maintained or advertised to the public where sleeping accommodations are offered to, or provided for guests for pay. 41 Rooming unit means any room or group of rooms forming a single habitable unit used for or intended to be used for living and sleeping, but not for cooking or eating purposes. "Rooming unit" shall be construed as if followed by the words "or part thereof ". Rubbish means combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass crockery and dust. Stairway means one (1) or more flights of stairs either exterior or interior with the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one (1) story to another in a building or structure. Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts, joined together in some definite manner. The term "structure" shall be construed as if followed by the words "or part thereof ". Substandard dwelling or structure means a dwelling unit, multiple dwelling, apartment, apartment house or any other space used or intended to be used as habitable living space in any building or structure which does not meet the basic requirements of this article for such use. Supplied means paid for, furnished, or provided by or under control of, the owner or operator. Temporary housing means any tent, trailer, or other structure used for human shelter which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty (30) consecutive days. Unsafe dwelling or structure means a dwelling, dwelling unit, multiple dwelling, apartments, apartment houses, rooming and boarding houses including among others, garages, sheds, and similar accessory structures, which by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, are unsafe, unsanitary, or which constitute a fire hazard, or are otherwise dangerous to human life and are no longer adequate for the purpose for which they were originally intended. It is the intent of the definition to include any and all structures as may legally come within the scope of the definition of structures as set forth in this section. Valuation or value as applied to a building means the estimated cost to replace the building in kind. 2 Vent pipe as applied to heating, means a pipe for removing products of combustion from gas appliances. Ventilation means the process of supplying and removing air by natural or mechanical means to or from any space. Writing includes handwritten, printed and typewritten. Yard means the open exterior unoccupied space located on the same property occupied by a building. Section 2. Section 8 -336 is hereby amended to read as follows: Section 8 -336 Utility Services To Unsafe Dwellings or Structures The city shall not provide, nor permit another to provide (either public or private) utility services such as water, gas, and electricity, sewer, etc., to any dwelling unit having been declared unsafe and becoming vacant until such dwelling unit has been inspected and brought into compliance with this article. The requirement shall not preclude the temporary use of such utility services as may be deemed necessary during construction, repair or alteration. The building official shall be responsible for making the determination as to when such "temporary services" may be necessary. SECTION 3. Section 8 -357 is hereby amended to read as follows: Section 8 -357 inspections (a) The building official shall make or cause to be made inspections to determine the condition of dwellings, dwelling units, rooming houses, boarding houses, and premises in the interest of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspection, the building official is hereby authorized to enter, examine, and survey at all reasonable times, all dwellings, dwelling units, rooming houses, boarding houses and premises. The owner or occupant of every dwelling unit, dwelling, boarding or rooming unit, or the person in charge thereof, shall give the building official free access to such dwelling, dwelling unit, or rooming unit or boarding house and its premises, at all reasonable times for the purpose of such inspection, examination, and survey. (b) No building, plumbing, electrical, gas, or other permit, as may be required for an addition, alteration or repair of an existing unsafe dwelling unit shall be issued until such time as an inspection of the property has been made to determine the feasibility of rehabilitation of such dwelling unit. F (c) It shall be unlawful for any person to interfere with, molest, injure, harass, obstruct, or prevent the building official or his duly authorized representative in the discharge of his duties. SECTION 4. Section 8 -379 is hereby amended to read as follows: Section 5 -379 Meetings The housing board of adjustments and appeals shall hold meetings on call at which meetings all appeals on file shall be considered and acted upon by the board. Regular or special meetings may be called by the chairman at any time. Reasonable notice of the place, time and date of such meetings shall be given all the members of the board and all appellants in each case to be heard by the board. SECTION 5. Section 8- 384(h) is hereby added to read as follows: (h) It shall be the responsibility of the appellant to notify all interested parties of his appeal. Furthermore, the appellant must provide the secretary of the board no less than twenty -four (24) hours prior to the hearing a list of said parties and their interest. SECTION 6. Section 8 -401 is hereby amended to read as follows: Section 5 -401 Compliance Except as otherwise provided no person shall occupy as owner - occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking, or eating therein, nor shall any vacant dwelling building be permitted to continue which does not comply with the requirements of this article or related articles. SECTION 7. section 8 -402 (a)(b)(c) and (g) are hereby amended to read as follows: Section 8 -402 rooming and boarding houses (a) Generally. No person shall operate a rooming or boarding house, or shall occupy or let or sublet to another for occupancy any rooming unit in any rooming or boarding house, except in compliance with the provisions of every section of this article except the provisions of sections 8 -403 and 8 -407. M If food preparation and /or eating facilities are provided, they shall be required to meet the requirements set forth under the rules and regulations pertaining to food service establishments as regulated by the Ark. State Health Department. (b) License. No person shall operate a rooming house or boarding house unless he holds a valid rooming or boarding house license. (c) Water closet, lavatory and bath facilities. (1) At least one (1) flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system and in good working condition, shall be supplied for each four (4) rooms within a rooming or boarding house wherever the facilities are shared. (2) All such facilities shall be located on the floor they serve within the dwelling so as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. (3) The water closet, tub or shower and lavatory shall be located in a room with an approved door and locking mechanism to provide privacy to the user. (g) Sanitary conditions. The operator of every rooming or boarding house shall be responsible for the sanitary maintenance of all walls, floors, ceilings, and premises, and shall be further responsible for the extermination of all insects, rodents or other pests where the entire structure or building is leased, occupied or controlled by the operator. SECTION S. Section 8- 403(a)(c)(d) and (e) is hereby amended to read as follows: (a) Sanitary facilities required. Every dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower and a water closet all in good working condition and properly connected to any approved water and sewer system. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions. (c) Hot and cold water supply. Every dwelling unit shall have connected to the kitchen sink, lavatory, and tub or shower an adequate supply of both cold water and hot water. All water must be supplied through an approved pipe distribution system connected to an approved potable water supply. 9 0 0 (d) Water heating facilities. Every dwelling shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than one hundred twenty (120) degrees Fahrenheit. All water heaters shall be equipped with approved temperature and pressure relief valves, and a relief line of proper size leading to a safe area for discharge. 45 (e) Heating facilities. Every dwelling unit shall have heating facilities which are properly installed and maintained in safe and good working condition, or shall be provided with sufficient fireplaces, chimneys, flues, or gas risers whereby heating appliances may be connected so as to furnish a minimum temperature of sixty -eight (68) degrees Fahrenheit in all habitable rooms and bathrooms, measured at a point three (3) feet above the floor during ordinary winter conditions. Shut -off valves are required and are to be capped or plugged when not connected to an appliance. SECTION 9. Section 8- 404(a) and (d) are hereby amended to read as follows: (a) Light and ventilation. Every habitable room shall have at least one (1) window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be eight percent (8 %) of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light obstruction structures are located less than five (5) feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight -type window in the top of such room, the total window area of such skylight shall equal at least fifteen percent (15%) of the total floor area of such room. In owner - occupied dwellings, the owner may apply for an exemption from the provisions of this subsection. 10 M M M M M M (d) Electric lights and outlets (1) Every dwelling shall convenience receptacles. dwelling shall contain at 1 type electric outlets. E laundry room, furnace ro porches shall contain at 1 wall type electric light f Every bathroom must provide (2) feet of the lavatory, light fixture with wall fixture shall be properly good safe working order, source of electric power 0 be wired for electric lights and Every habitable room of such east two (2) duplex floor or wall very kitchen, bathroom, bedroom, om, corridors or hallways, and east one (1) supplied ceiling or ixture with approved wall switch. one (1) duplex outlet within two and one (1) ceiling or wall type switch. Every such outlet and installed, shall be maintained in and shall be connected to the in a safe manner. In owner- occupied dwellings, the owner may apply for an from the provisions of this paragraph. exemption (2) When enforcing authority feels that installation of a wall switch is impractical an approved ceiling mounted pull - chain type light fixture may be used except in the bathroom and /or over kitchen sinks and on the exterior. (3) Every exterior exit shall be provided with adequate exterior lighting controlled by an interior mounted switch at each exit. SECTION 10. Section 8- 405(b) is hereby amended to read as follows: (b) Where the determination is made, upon examination of the existing electrical service supply, that such service supply is obsolete or is being used in such a manner as would constitute a hazard to the occupants or would otherwise constitute a hazard to life and property; the minimum capacity of the service and the main disconnect switch shall be increased to adequately carry the total load required in accordance with the electrical code of the city. SECTION 11. Section 8 -406 is hereby amended to read as follows: Section 8 -406 Minimum dwelling space requirements (a) Required space in dwelling unit. Every dwelling unit shall contain at least one hundred fifty (150) square feet of floor space for the first occupant thereof and at least one hundred (100) additional square feet of floor space per additional occupant. In owner- occupied dwellings, the owner may apply for an exemption from the provisions of this subsection. 11 46 M M M M M M M M M 0 0 MM (b) Required space in sleeping rooms. In every dwelling unit of two (2) or more rooms, every room occupied for sleeping purposes by one (1) occupant shall contain at least (70) square feet of floor space. Every room occupied for sleeping purposes by more than one (1) occupant shall contain at least fifty (50) square feet of floor space for each occupant thereafter. In owner- occupied dwellings, the owner may apply for an exemption from the provisions of this subsection. (c) Minimum ceiling height. At least one -half of the floor area of every habitable room, foyer, hall or corridor shall have a ceiling height of a least seven (7) feet and the floor area of that part of any room where the ceiling is less than seven (7) feet shall not be considered as part of the floor area in computing the total area of the room for the purpose of determining the maximum permissible occupancy thereof. In owner - occupied dwellings, the owner may apply for an exemption from the provision of this subsection. (d) occupancy of dwelling and unit below grade. No basement space shall be used as a habitable room or dwelling unit unless: (1) The floor and walls are impervious to leakage of underground surface run -off water and are insulated against dampness. (2) The total window area in each room is equal to at least the minimum window area size required in section 8 -404, subsection (a). (3) Such required minimum window area is located entirely above the grade of the ground adjoining such window area. (4) The total of openable window area in each room is equal to at least the minimum as required under section 8 -404, subsection (b) except where there is supplied some other device affording adequate ventilation. SECTION 12. Section 8 -423 is hereby amended to read as follows: Section a -423 Roofs and overhangs Roofs and overhangs shall be maintained in be structurally sound and have no defects which or cause dampness in the walls or interior building. 12 a safe manner and might admit rain portion of the 47 SECTION 13. Section 8 -424 is hereby amended to read as follows: section 8 -424 Means of egress Every dwelling unit shall have safe, unobstructed means of egress with minimum ceiling height as required by the building code, leading to a safe and open space at ground level. Habitable areas above two (2) stories shall have an approved auxiliary means of exit leading to a safe and open space at ground level. SECTION 14. Section 8 -426 is hereby amended to read as follows: Section 8 -426 Protective railings Protective and intermediate railings shall be required on any unenclosed structure over thirty (30) inches above the ground level or on any steps containing four (4) risers or more. In owner - occupied dwellings, the owner may apply for an exemption from the provisions of this section. SECTION 15. Section 8 -427 is hereby amended to read as follows: Section 8 -427 Windows and doors Every window, exterior door and basement door and hatchway shall be weathertight, and rodent proof, and shall be kept in sound working condition and in good repair, and shall be provided with proper hardware and locking devices. SECTION 16. Section 8- 431(c) is hereby amended to read as follows: (c) In owner - occupied dwellings, the owner may apply for an exemption from the provisions of this section. SECTION 17. Section 8 -433 is hereby amended to read as follows: Section a -433 Interior floors, walls, and ceilings Every interior floor, wall, and ceiling shall be rodent proof and, shall be kept in sound condition and good repair, and be properly covered or finished to allow adequate sanitary conditions, and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. Floors in rooms where plumbing fixtures and /or plumbing pipes are located must have a water impervious covering or finish. 13 SECTION 18. follows: � r Section 8 -435 is hereby amended M to read as Section B -435 Protective railings for interior stairs. Interior stairs and stairwells more than four (4) risers high shall have handrails located in accordance with the requirements of the building code. Handrails or protective railings shall be capable or bearing normally imposed loads and be maintained in good condition. In owner- occupied dwellings, the owner may apply for an exemption from the provisions of this section. SECTION 19. Severability. The sections of this ordinance shall be severable. In the event any section of this ordinance is found by a Court of competent jurisdiction to be unconstitutional, the remaining sections of this ordinance are valid, unless the Court finds the valid sections, of this ordinance are so essentially and inseparably connected with and so dependent upon the void section that it cannot be presumed that the Board would have enacted the valid sections without the void ones; or unless the Court finds that the valid sections, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. SECTION 20. Emergency Clause. This ordinance, being deemed necessary for the immediate preservation of the public welfare, is hereby declared to be an emergency measure and shall become effective immediately upon passage and approval by the Board of Directors. PASSED: January 21, 1992 ATTEST: ROBBIE HANCOCK, CITY CLERK APPROVED AS TO FORM: THOMAS M. CARPENTER CITY ATTORNEY 14 APPROVED: SHARON PRIEST, MAYOR