Loading...
11422N b 0 a� a� GADINANC E NO. 11,422 IANC ' AIAIENi}ING ThE BUILDING CODE OF THE CITY Ur L1111.L _�UC:L :, t�!. TdSi1S, BY ADDIINU A b L%. 'I'V BE IUNI.11Lzij " AAT IV - HOUSING" CGNSISTI vG GF FIVE (5) CHAITEIL:5; ES'U�,BLISHING NiINII.IIM STANDA ::iJS F6.,{ HOUSING WITHIN THE CITY GF UITLE A OCi , ARKANSAS, AS CCiAt�.EN1 ED BY THE SGU'1'HL_Cl BUILDING COiJ+ CONs�LSS, AS MODIFIED; ! �..WVIDING FO,: THt; ENFUaC vT_E1vT OF SAID STANDA�i)S; :EPEALING CHAP::.: 1 OF `T'HE CODE OF OF TH `] CITY OF LI1='' :,W FO VJtiE�EAS, the Board of Directors of the City of Little Rock, Arkansas, desires to adopt the provisions relating to housing standard's for the City of Little :Cock as established by the Southern Building Code Congress (revised through 1960 -1961) with certain mod ,ifications; anc WHE&EAS, notice of the proposed aaoption of such portion of the Southern Stanciara Building Code entitled 111jart IV- Housing" has been publishea according to law and copies of said rode with proposed modifications have been deposited with the City 'Clerk for the perioa of time required by law; NO",-4 THEI EF6_-',E, BE IT OaDAINED BY THE BOA &c OF OF THE CITY OF LITTLE �CiCi %, A&j<AVSAS: SECTION 1. The Building Code of the City of Little :.lock, Arkansas, is hereby amended by adding a mart IV entitled "Housing ", consisting of five (5) chapters as more specifically set forth in Section 2. hereof. S�''TIG1v 2. fhe form and substance of the amencment described in Section 1. hereof to the Building; Code of the City of Little _ %ocK, arkansas, is as follows: t SOUTHERN STANDARD BUILDING CODE PART IV - HOUSING CHAPTER I ADMINISTRATION Section 101 - Title and Scope 101.1 - TITLE The provisions embraced within the following chapters and sections shall constitute and be known and may be cited as The Building Code, Part IV, Housing ", hereinafter referred to as "this code." 101.2 - CODE REMEDIAL This Code is hereby declared to be remedial, and shall be construed to secure the beneficial interests and purposes thereof -which are public safety, health, and general welfare- through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and pro- perty from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of dwellings, apartment houses, rooming houses or buildings, structures or premises used as such. 101.3 - SCOPE (a) The provisions of this Code shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appur- tenances connected or attached to such buildings or structures. (b) No privision of this Code shall be held to deprive any federal or state agency, or any municipal authority having jurisdiction, of any power or authority which it had on the effective date of this act or of any remedy then existing for the enforcement of its orders, nor shall it deprive any individual or corporation of its legal rights as provided by law, nor shall it affect in any manner the power of the City to remove and abate nuisances or raze or remove buildings deemed to be dangerous, unsafe or unsanitary. 101.4 - EXISTING BUILDINGS The provisions of this Code shall apply to any dwelling, apart- ment, apartment house or rooming house irrespective of when said build- ing was constructed, altered, or repaired. 101.5 - MAINTENANCE All buildings or structures, both existing and new, and all parts thereof, shall.be maintained in a safe and sanitary condition. All devices or safeguards which are required by this Code in a building when erected, altered, or repaired, shall be maintained in good work- ing order. The owner, or his designated agent, shall be responsible for the maintenance of buildings, structures and premises to the ex- tent set out in'Section 310 of this Code. The tenant shall be re- sponsible for the maintenance of buildings, structures and premises to the extent set out in Section 310 of this Code. Section 102 - Organization 102.1 - ENFORCEMENT OFFICER There is hereby established in the City provisions for the -2- enforcement of this Code by the Building Official. 102.2 - RESTRICTIONS ON EMPLOYEES No officer or employee connected with the department, except one whose only connection is as a member of the board, established by this act, shall be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or mainten- ance of a building, or in the making of plans or of specifications there- 14 for, unless he is the owner of such building. No such officer or em- ployee shall engage in any work which is inconsistent with his duties or with the interests of the department. 102.5 - RECORDS The Building Official shall keep, or cause to be kept, a record of the business of the department. The records of the department shall be open to public inspection. Section 103 - Powers and Duties of Building Official 103.1 - INSPECTION The enforcing official, with the consent of the occupant, is hereby .authorized and directed to make inspections to determine the condition of dwellings, dwelling units and premises located within the City, in order that he may perform his duty in enforcing the terms and pro - visions of this chapter; provided that if consent not be granted, the enforcing official shall give the occupant advance written notice of not less than five days prior to inspection. Such notice shall be by -registered mail and shall specify an exact hour and date of the pro- posed inspection which shall be reasonable as to time of day,and day of week; and further provided that if consent not be granted the en- forcing official shall be required to obtain a warrant before entry and inspection. Every occupant of a dwelling unit or premises, shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repairs and alteration.as are necessary to effect compliance with the provision of this chapter or any lawful order issued pursuant to the,.provisions of this chapter. 103.2 - UNSAFE BUILDINGS, DWELLINGS, APARTMENT HOUSES, AND ROOMING HOUSES All dwellings, apartment houses, rooming houses or buildings or structures used as such which are unsafe, unsanitary, unfit for human habitation, or not provided with 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 by reason of inadequate maintenance, dilapidation, obsolescense, or abandonment, are severally in contemplation of this section, unsafe buildings„ All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in .accordance with the following procedure: (a) Whenever the Building Official shall find any building or structure or portion thereof to be unsafe, unsanitary, or unfit for human habitation, he shall give the owner, agent, or person in con - trol of such building or structure written notice stating the de- fects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building or structure or portion thereof. -3- (b) The Building Official shall cause to be posted at each entrance to such building a notice:- "THIS BUILDING IS.UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL." Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for�any person, firm, or corporation or their agents, or other servants, to remove such notice without written permission of the Building Official, or for any person to enter the building except for the purpose of making the required repairs or of demolishing same. (c) The owner, agent or person in control shall have the right to appeal from the decision of the Building Official, as provided hereinafter, and to appear before the Board of Adjustments and Appeals .at -a specified time and place to show cause why he should not comply with said notice. (d) In case the owner, agent or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish and remove said building or structure or portion thereof, the Building Official, after having ascertained the cost, shall cause such building or structure or portion thereof, to be demolished, secured, or required to remain vacant. (e) Costs incurred under paragraph 103.2 (d) shall be charged to the owner of the premises involved and shall be collected in the manner provided by law. 103.3 - REQUIREMENTS NOT COVERED BY CODE Any requirement, not specifically covered by this code, found necessary for the safety, health, and general welfare of the occupants of any dwelling, shall be determined by the Building Official subject to appeal.to the Board of Adjustments and Appeals. Section 104 - Inspections 104.1 - INSPECTIONS (a) The Building Official shall of his receipt of complaints cause to be made such sary to determine the fitness of a dwelling He shall make a record of every such inspec of this Code. (b) The Building Official may make, or deputy, the inspections called for by these 105.1 own volition or upon inspections as are neces- unit for human occupancy. tion and of all violations cause to be made by his requirements. Section. 105 - Hardships Where the literal application of the requirements of this Code would cause undue hardship an exception may be granted by the Building Official upon written application therefor. Such application shall state the reasons why the exception should be granted. Such exception shall be made in writing and only when it is clearly evident that reasonable safety and sanitation is assured, and such exception shall be conditioned in such a manner as to achieve that end. Such condi- tions-may include restrictions not generally specified by this ordi- nance. Exceptions granted in accordance with the terms of this section shall be subject to review by the Board. -4- Section 106 - Housing Board of Adjustments and Appeals 106.1 - APPOINTMENT There is hereby created a Housing Board of Adjustments -and Appeals which shall consist of five voting members who shall be appointed,by the city manager with the approval of the Board of Directors, who shall designate one of the five members .as chairman. Each of said five members shall be a qualified elector, shall have been a resident of the State of Arkansas for no fewer than ten years .and shall have been a resident within the City of Little Rock no fewer than five years preceding his appointment. None of the members shall hold or be.a candidate for any other public office or position nor shall any member be related by blood.or� marriage to any member of the legislative, executive or judicial.branches of the city govern- ment. 106.2 - TERM OF OFFICE Of the members first appointed two shall be appointed for.a term of one year, two for a term of two years, one for term of three years, and thereafter they shall be appointed for terms of three years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Conti-mued -abse-n-ce of any member from regular-meetings of the Board shall, at the discretion of the Chief Appointing Authority, render any such member liable to immediate removal from office. 106.3 - QUORUM Three members of the Board shall constitute a quorum. In vary- ing-the application of any provisions of this Code or in modifying an order of the Bui -lding Official, affirmative -votes of the majority present, but not. less than three affirmative votes shall -be required. No board member shall act in a case in which he has a personal interest. 106.5 - PROCEDURE The Board shall establish rules and regulations for its own procedure not inconsistent-with the provisions of this Code. The Board shall meet -at regular intervals, to be determined by the Chair- man, or in any event; the Board shall meet within ten days after notice of appeal has been received. Section 107 - Appeals 107.1 - TIME LIMIT (a) Whenever it is claimed that the true intent and meaning of this Code or any of the regulations thereunder have been misconstrued or wrongly interpreted, the owner, or his duly authorized agent, may appeal from the decision of the Building Official to the Housing Board of Adjustments and Appeals. Notice of appeal shall.be in writing and filed within 90 days after the decision is rendered by the Building Official. (b) In case of a building or structure which, in the opinion of the Building Official, is . unsafe or dangerous, the Building Official may, in his order, limit the time for such appeal to a shorter period. Appeals hereunder shall be on forms provided by the Building Official. (c) The Housing Board of Adjustments and Appeals shall have the -5- power to issue subpoenas and subpoenas duces tecum when requested by either -side when reasonably necessary to obtain pertinent evidence .and any member of the Board shall have authority to administer oaths. Section 108 - Decisions of the Housing'Board of Adjustments and Appeals 108.1 - VARIATIONS AND MODIFICATIONS (a) The Housing Board of Adjustments and Appeals, when.so appealed to and after a hearing, may vary the application of any provision of this Code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit -and purpose of this Code or public interest, or when, in its opinion the interpretation of the Building Official should be modified or reversed. (b) A decision of the Housing Board of Adjustments and Appeals to vary the application of any provision of this Code or to modify an order of the Building Official shall specify in what manner such variation or modification is made, the conditions upon which it is made and the reasons therefor. 108.2 - DECISIONS (a) Every decision of the Housing Board of Adjustments and Appeals shall be final, subject, however, to such remedy as any aggrieved party might have by,appeal to the Circuit Court. It shall be in writing, shall indicate the vote upon the decision, and shall be signed by all members of the Board who shall concur in the decision. Every decision shall be promptly filed in the office of the Building Official, and shall be open to public inspection; a signed copy shall be sent by mail or- otherwise to the appellant and a copy shall.be kept posted in the office of the Building Official for two weeks after filing. (b) The Housing Board of Adjustments and Appeals shall in every case reach a decision without unreasonable or unnecessary delay. (c) If a decision of the Housing Board of Adjustments and Ap- peals reverses or modifies a refusal, order, or disallowance of the Building Official, or varies the application of any provision of this Code, the Building Official shall immediately take action in ,accordance with such decision. Section 109 - Violations and Penalties Any person, firm, corporation or agent, who shall violate a provision of this Code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, de- molish or move any structure, or has erected, constructed, altered, repaired, moved or demolished a building or structure in violation of this Code shall be guilty of a misdemeanor and shall be punish - able, upon conviction by a fine of not less than five dollars nor more than fifty dollars; and each twenty day period such violation continues shall be considered a separate offense. Section 110 - Validity If any section, sub- section, 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 Code. -6- CHAPTER II DEFINITIONS Section 201 - Definitions 201.1 For the purpose of this Code, certain abbreviations, terms, phrases, words, and their derivatives, shall.be construed as set forth in this Section. 201.2 Words used in the present tense include the future. Words in the masculine gender include the feminine and neuter. The singular number includes the plural and the plural number includes the singular. Words in the feminine and neuter gender include the masculine. 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 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 the said building, and shall include flats and apartments. APPROVED - means approved by the Building Off.ici.a.l. AREA - as applied to the dimensions of a building, means the maximum horizontal projected area of the building at grade. AREA - (See FLOOR AREA). ATTIC STORY - means any story situated wholly or partly in the roof, so designated, arranged or built as to be used for business, storage or habitation. BASEMENT - means that portion of a building between floor -and ceiling, which is partly below and partly above grade (as defined in this Section), but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling, provided, however, that the distance from grade to ceiling shall be at least four (4) feet six inches. (see STORY). 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 ". EXISTING BUILDING - means a building erected prior to the adoption of this Code, or one for which a legal building permit-has been issued. BUILDING OFFICIAL - means the officer, or other person, charged with the administration and enforcement of this Ordinance or his duly authorized representative. CELLAR - means that portion of a building, the ceiling of which is entirely below grade or less than four (4) feet six (6) inches above grade. ( See STORY). CITY - means the municipal corporation which has adopted this Code. -7- DWELLING - when used in this Code without other.qualifieations, means a structure occupied exclusively for residential purpose by not more than two families. DWELLING UNIT - means any room or group of rooms located 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. EXISTING BUILDING - (See BUILDING - EXISTING BUILDING). 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. EXIT PASSAGEWAY - means an enclosed.hallway or corridor connect - ing a required exit to a street. EXTERMINATION - means the control and elimination 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 approved by the Building Official. FAMILY - means one or more persons living together, whether related to each other by birth or not,.and having common house - keeping facilities. FLOOR AREA - means the area included within surrounding walls of a building exclusive of vent shafts and courts. 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. HABITABLE ROOM - means a room occupied by one or more persons for living, eating or sleeping purposes. It does not include toilets, laundries, serving and storage pantries, corridors, cellars, and spaces that are not used frequently or during extended periods. HEATING - the definitions following under this paragraph shall apply to heating installations: CENTRAL HEATING BOILERS AND FURNACES - Heating furnaces and boilers shall include warm.air furnaces, floor' mounted direct -fired unit heaters, hot water boilers, and steam boilers operating at not in excess of 15 pounds of gauge pressure, used for heating of buildings or structures. CHIMNEY - A vertical shaft of masonry, reinforced concrete, or other approved non - combustible, heat resisting material enclosing one or-more_fl.ues, for the purpose of removing pro- ducts of combustion from solid, liquid, or gas fuel. FLUE - A vertical passageway for products of combustion. VENT PIPE - As applied to heating, means a pipe for re- moving products of combustion from gas appliances. WATER HEATER - A device for the heating and storage of water to be used for other than heating or industrial purposes. INFESTATION - means the presence, within or around a dwelling, of any insects, rodents, or other pests. INNER COURT - an open unoccupied space bounded by the walls of the building, but located within the exterior walls of the building. MULTIPLE DWELLING - has the same meaning as APARTMENT HOUSE. OCCUPANT - means any person, over l year of age, living, sleeping, cooking, or-eating in, or having actual possess -ion of a dwelling -unit or rooming,unit. -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 20° F. above the lowest recorded temperature for the previous 15 year period. OWNER - includes his du.ly authorized agent or attorney, a pur- chaser, devisee, fiduciary, and a person having a vested or contigent interest-in the property in. question. PERSON - means a natural person, his heirs, executors, admin- istrators, or assigns, and also includes a firm, partnership, or cor- poration, its or their successors or assigns, or the agent of any of the aforesaid. PLUMBING - Plumbing is 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, with- in or adjacent to any building, structure, or conveyance; also the practice and materials used in the installation, maintenance, extension, or alteration of storm water, liquid - waste, or sewerage, and water - supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. PUBLIC PLACE - as used in this Code, means an unoccupied open space.adjoining a building and on the same property, that is perma- nently maintained accessible to the Fire Department -and free of all incumbrances that might interfere with its use by the Fire Department. REPAIR - means the replacement of existing work with the same kind of material used in the existing work, not including additional work that would change the structural safety of the building, or that would affect or change required exit fadilities, a vital element of an elevator, plumbing, gas piping, wiring or heating installations, or that would be in violation of a provision of law or ordinance. The term "Repair" or "Repairs" shall not apply to any change of con - struction. REQUIRED - means required by some provision of this Code. RESIDENTIAL OCCUPANCY - Buildings in which families or house - holds live or in which sleeping accommodations are provided, and all dormitories, shall be classified as "Residential Occupancy ". Such buildings include, among others, the following: dwellings, multiple dwellings, and lodging houses. ROOMING UNIT - means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking.or, eating purposes. ME ROOMING HOUSE - means any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator. RUBBISH - means combustible and non- combustible waste materials, except garbage; and.the term shall include the residue from the burn- ing of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery, and dust. SUPPLIED - means paid for, furnished, or provided by or under the control.of the owner or operator. MEANING OF CERTAIN WORDS - Whenever the words "apartment ", "apartment house ", or "dwelling ", "dwelling unit ", "rooming house ", "rooming unit ", "premises ", are used in this Ordinance they shall be construed as though they were followed by the words "or any part thereof." STAIRWAY - means one or more flights of stairs and the necessary landings and platforms connecting them, to form a continuous and un- interrupted passage from one story to another in a building or structure. STORY - means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall -be that portion of a build- ing included between the upper surface of the topmost floor and the ceiling or roof above. 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." VALUATION OR VALUE - as applied to a building, means the estimated cost to replace the building in kind. WALLS BEARING WALLS - means a wall which supports any vertical load in addition to its own weight. CAVITY WALL - means a wall built of masonry units or of plain concrete, or a combination of these materials, so ar- ranged as to provide -an air apace within the wall, and in which the inner and outer parts of the wall are tied together with metal ties. CURTAIN WALL - means a non - bearing -wall.between columns or piers and which is not supported by girders or beams, but is supported on the ground. FACED WALL - means a wall in which the masonry facing and backing are so bonded as to-exert common action under load. EXTERIOR WALL - means .a wall, - bearing or non - bearing, which is used as.an enclosing wall fora building, but which is not necessarily suitable for use as a Party Wall.or Fire Wall. FIRE WALL - means.a wall of incombustible construction which subdividies a building or separates buildings to restrict the spread of fire and which starts at the foundation and extends continuously through all stories to.and above the roof, except where the roof is of fireproof or fire- resistive construction QE and the wall is carried up tightly against the underside of the roof slab. FOUNDATION WALL -- means a wall below the first floor extending below the adjacent ground level and serving as support fora wall pier, column or other structural part of a building. HOLLOW WALL OF MASONRY - means a wall built of masonry units so arranged as to provide an air space within the wall, and in which the inner and outer parts of the wall are bonded together with masonry units or steel. NON- BEARING WALL - means a wall which supports no load other than its own weight. PANEL WALL - means .a non-bearing wa I I in skeleton or framed construction, built - between columns or piers and wholly supported at each story. PARAPET WALL - means that part of any wall entirely above the roof line. PARTY WALL - means a wall used or adapted for joint service between two (2) buildings. RETAINING WALL - means any wall used to resist the lateral displacement of any material. WRITING - includes printing and typewriting. WRITTEN NOTICE - shall be considered to have been served if delivered at, or sent by registered mail to the last business address known to the party giving the notice. -11- CHAPTER III MINIMUM STANDARDS FOR DWELLINGS AND APARTMENTS FIT FOR HUMAN HABITATION Section 301 - General 301.1 All dwellings and apartments shall provide for a healthful environment with living facilities arranged and equipped to assure such a condition. Under this chapter appear the fundamental Code requirements which shall be observed in determining the fitness of a dwelling for human habitation. 301.2 No person shall occupy as owner- occupant or let to another for occupancy any dwelling for the purpose of living, sleeping, cooking, or eating therein, which does not comply with this Code. Section 302 - Minimum Standards for Plumbing Systems and Equipment Every dwelling unit shall contain not less than the following: (a) Each dwelling unit shall be connected to a potable water supply and to the public sewer, if sewer facilities shall be available within 300 feet of the property, or other approved sewerage disposal system. (b) Each dwelling unit shall contain not less than a kitchen sink, lava- tory, tub or shower and a water closet, all in good working condition and in- stalled in such a manner as to be reasonably safe. (c) All plumbing fixtures shall be in a state of good repair and in good working order. (d) All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet, and tub or shower shall be located in a room or rooms affording privacy to the user. (e) Every dwelling unit shall have connected to the kitchen sink, lava- tory, and tub or shower an adequate supply of both cold water and hot water. All water shall be supplied through an approved pipe distribution system con- nected to a potable water supply. (f) Provided, however, that the occupants of not more than two dwelling units in the same building may share the plumbing facilities enumerated above. Section 303 - Minimum Requirements for Light and Ventilation No person shall occupy as owner - occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements: 303.1 Every habitable room shall have at least one window or skylight facing directly to the outdoors or shall have other adequate electrical lighting. The minimum total window area measured between stops, for every habitable room shall be 10 per cent of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light- -12- obstruction structures are located less than 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 15 per cent of the total floor area of such room. 303.2 - HABITABLE ROOMS Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall equal to at least 45 per cent of the minimum window area size or minimum skylight -type window size, as required, or shall have other approved, equivalent ventilation. 303.3 - BATHROOM AND WATER CLOSET ROOMS Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately venti- lated bathrooms and water closet rooms equipped with an approved ventilation system which can be kept in continuous operation while the room is in use. 303.4 - ELECTRIC SERVICE Every dwelling shall be wired for electric lights and conven- ience receptacles. Every habitable room shall contain at least one electric light and one floor or wall -type electric convenience receptacle. There shall be installed in every bathroom, water closet room, laundry room and furnace room at least one supplied ceiling, or wall type electric light fixture. Every public hall and stairway in every multiple dwelling shall be adequately lighted by electric lights at all times when natural daylight is not sufficient. Section 304 - Minimum Requirements for Electrical Systems 304.1 All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used and hereafter installed in accordance with the City Electrical Code. Section 305 - Minimum Requirements for Heating 305.1 - GENERAL Every dwelling unit shall have provisions for providing heat in ac- cordance with Section 305.2 or Section 305.3. 305.2 - CENTRAL AND ELECTRIC HEATING SYSTEMS Every central or electric heating system shall be of sufficient capacity so as to heat each dwelling unit to which it is connected with a minimum temperature of 700 F. measured at a point 3 feet above the floor during ordinary minimum winter conditions. -13- 305.3 - OTHER HEATING FACILITIES Where a central or electric heating system is not provided, each dwelling unit shall be provided with sufficient fireplaces, chimneys, flues, or gas vents whereby heating appliances may be connected so as to furnish a minimum temperature of 70' F. measured at a point three feet above the floor during ordinary minimum winter conditions; provided, however, this shall not prohibit the use of unvented space heaters adquate to furnish such temperature. 305.4 - INSTALLATION AND MAINTENANCE Heating appliances and facilities shall be installed in accord- ance with the Building Code and shall be maintained in a safe and good working condition. Section 306 - Minimum Standards for Space, Use and Locations. 306.1 - GENERAL No person shall occupy or shall let to another for occupancy any dwelling, rooming house, dwelling unit, or rooming unit which does not comply with the following minimum standards for space, use and location: 306.2 - DWELLING UNIT Every dwelling unit shall contain at least one hundred and fifty square feet of habitable floor area for the first occupant, at least one hundred square feet of additional habitable floor area for each of the next three occupants, and at least seventy -five square feet of additional habitable floor area for each additional occupant. 306.3 - ROOMS OCCUPIED FOR SLEEPING PURPOSES. In every dwelling unit and in every room unit, every room occupied for sleeping purposes by one occupant shall contain at least seventy square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least fifty square feet of floor area for each occupant twelve years of age and over and at least thirty -five square feet of floor area for each occupant under twelve years of age. 306.4 - FLOOR AREA CALCULATION Floor area shall be calculated on the basis of habitable room area. However, closet area and hall area within the dwelling unit, where provided, may count for not more than ten per cent of the re- quired habitable floor area. At least one -half of the floor area of every habitable room shall have a ceiling height of at least seven feet; and the floor area of any part of any room where the ceiling height is less than four and one -half feet shall not be considered as part of the floor area in computing the total floor area of the room to determine maximum permissible occupancy. 306.5 - OCCUPANT For the purposes of this section a person under one year of age shall not be counted as an occupant. 306.6 - SINGLE FAMILY DWELLINGS The Board of Directors finds further that healthful and sanitary condi- tions in relation to space, use and location generally prevail in single family dwellings occupied by one family only. Therefore, the provisions of subsections 306.2, 306.3, and 306.4 shall not be applicable to single family dwellings occupied by one family only. For the purpose of this sub- section a ''single family dwelling" means a dwelling containing no more than one dwelling unit; and a "family" as herein used means husband, wife, children and mother and father of the husband and wife. 306.7 - CELLAR No cellar shall be used for living purposes. 306.8 - BASEMENTS No basement shall be used for living purposes unless: (a) The floor and walls are substantially water tight; (b) The total window area, total openable area and ceiling height are equal to those required for habitable rooms; (c) The required minimum window area of every habitable room is entirely above the grade adjoining such window area, not including stair wells or access ways. Section 307- Minimum Standards for Safe and Sanitary Maintenance. 307.1 - GENERAL No person shall occupy as Owner- occupant or shall let to another for occupancy any dwelling, rooming house, dwelling unit, or rooming unit which does not comply with the following minimum standards for safe and sanitary maintenance: 307.2 - EXTERIOR FOUNDATION, WALLS AND ROOFS Every foundation wall, exterior wall and exterior roof shall be substantially weathertight, watertight and rodent proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon; provided, however, solid and continuous foundation walls are not hereby required for existing buildings, which, on the date of adoption of this Code, did not have solid and continuous foundation walls. 307.3 - INTERIOR FLOOR, WALLS AND CEILINGS Every floor, interior wall and ceiling shall be substantially rodent proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. 307.4 - WINDOWS AND DOORS Every window, exterior door and basement or cellar door and hatchway shall be substantially weathertight, watertight and rodent proof; and shall be kept in sound working condition and good repair. -15- 307.5 - STAIRS, PORCHES AND APPURTENANCE Every inside and outside stair, porch, thereto shall be safe to use and capable of normal use may cause to be placed thereon; sound condition and good repair. 307.6 - BATHROOM FLOORS and any appurtenance supporting the load that and shall be kept in Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained so as to be sub- stantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. 307.7 - SUPPLIED FACILITIES Every supplied facility, piece of equipment or utility, which is required under this Code shall be so constructed and installed that it will function safely and effectively, and shall be main- tained in sound working condition. 307.8 - DRAINAGE Every yard shall be properly graded so as to obtain thorough drainage and so as to prevent the accumulation of stagnant water. 307.9 - EGRESS Every dwelling unit shall be provided with at least one suitable means of continuous egress from the building within which it is located; provided that in buildings containing multiple dwelling units such means of egress shall not exceed 30' from the entrance of any dwelling unit. . Section 308 - Minimum Standards for Control of Insects, Rodents and In- festations. 308.1 - SCREENS In every dwelling unit , for protection against mosquitoes, flies, and other insects, every door opening directly from a dwelling unit to outdoor space shall have supplied and installed screens and a self - closing device; and every window or other device with openings to out- door space, used or intended to be used for ventilation, shall likewise be supplied with screens installed. 308.2 - RODENT CONTROL Every basement or cellar window used or intended to be used for venti- lation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with screens installed or such other approved device as will effectively prevent their entrance. 308.3 - INFESTATION Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing ,e provisions of this sub - section, whenever infestation is caused by failure of the owner to maintain a dwelling in a rat proof or reason- ably insect proof condition, extermination shall be the responsi- bility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner. 309.1 - RUBBISH Every dwelling unit shall be supplied with adequate rubbish storage facilities. 309.2 - GARBAGE Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, having a capacity of not more than 20 gallons each container. Section 310 - Responsibilities of Owners and Occupants 310.1 - PUBLIC AREAS Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condi- tion the shared or public .areas of the dwelling and premises thereof. 310.2 - DWELLING UNIT Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary—condition—that part of the dwelling, dwelling unit, and premises thereof which he occupies and controls. 310.3 - GARBAGE Every occupant of a dwelling or dwelling unit shall dispose of all his garbage, and any other organic waste which might provide food for rodents, in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storage containers. In all cases the occupants shall be responsible for the availability of garbage storage containers. 310.4 - RUBBISH Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish storage facilities. 310.5 - EXTERMINATION See Section 308.3 - Infestation. 310.6 - PLUMBING FIXTURES Every occupant of a dwelling unit shall keep all plumbing fix- tures therin a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. -17- 310.7 - CARE OF FACILITIES, EQUIPMENT, AND STRUCTURE No occupant shall willfully destroy, deface, or impair any of the facilities, equipment or any part of the structure of a dwelling unit, dwelling, multi - dwelling or apartment. CHAPTER IV ROOMING HOUSES No person shall operate.a rooming house or-shall let to another for occupancy.any room unless such rooming house or room shall com- ply with all applicable state, county or municipal statutes or ordinances. CHAPTER V CONDEMNATION AND DEMOLITION OF UNFIT DWELLINGS 501.1 - DESIGNATION AND CONDEMNATION OF UNFIT DWELLINGS The designation of dwellings or dwelling units as unfit for human habitation and the procedure for the condemnation and pla- carding of such unfit dwellings or dwelling units shall be carried out in compliance with the provisions of this.Chapter. 501.2 - DESIGNATION AND DEMOLITION Any dwelling or dwelling unit which shall.be found to have any of the following defects shall be condemned as unfit for human habi- tation and shall be so designated and placarded.by the enforcing official as follows: (a) One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested that it creates a serious haz- ard to the health or safety of the occupants or of the public. (b) One which lacks illumination, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or of the public. (c) Any dwelling or dwelling unit condemned as unfit for human habitation and so designated and placarded by the enforcing official, shall be vacated within a reasonable time as ordered by the enforcing official. (d) No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by, the enforcing official. The enforcing official shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. (e) No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unit for habitation and placarded as such except as pro- vided in sub- section (3). (f) Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may require and shall be granted a hearing.on the matter before the enforcing official. (g) If, after notice and hearing, the enforcing official deter- mines that a dwel,ling or dwelling unit is in such condition that it is dangerous or injurious to the health and safety of the public, the occupants of the dwelling or dwelling unit, or the occupants of the neighboring dwellings or dwelling units, he shall issue and cause to be served upon the owner an order requiring him to repair, alter, or im- prove the dwelling or dwelling unit to the extent and with - in a reasonable time to be specified in the order, or, at the option of the owner, to remove or demolish the dwelling or dwelling unit. Subject to the rights of appeal to the Board of Housing Appeals and a court of competent juris- diction, all as provided for by law, if the owner fails to comply with an order to remove or demolish the dwelling or dwelling unit within the time prescribed, and if authorized by an ordinance passed by the Board of Directors, which ordinance shall specify the time within which the occupant or occupants must vacate the premises to be demolished or removed, the enforcing official may have the dwelling or dwelling unit removed or demolished provided any and all holders of mortgages and other liens of record have been notified. For the purpose of this provision fifty per cent of the fair market value of the structure, as shown in the records of the county assessor, is fixed as being a reason- able cost. 501.3 - LIEN FOR COST OF DEMOLITION - SALE OF MATERIALS To secure the payment of the cost of said real estate there is hereby created a real estate i n favor of the City of Little dwelling unit is removed -or demolished by must sell the materials at a public sale. ceeds of ibhat sale against the cost of the 501-4 - ENFORCEMENT OF LIEN removal or demolition of lien against the said Rock. If the dwelling or the enforcing official, he He shall credit-the pro - removal or demolition. When such demolition or removal has been completed, the enforc- ing official shall cause a statement to be filed with the Circuit Clerk of Pulaski County, Arkansas, showing the cost and expense of such work-and the amount of money due and owing to the City of Little Rock, a brief description sufficient to identify the property removed, and the name of the owner thereof. From the date of filing, the amount shown by such statement to be due and owing to the City together with five per centum interest thereon from the date of completion of such work shall.be a lien on said property. A suit may be instituted and recovery and foreclosure of the lien for any such amount and interest may be had in the name of the City in any court having juris- diction. s 6--' uN 3. :_- "iapter la of the Code of Ordinances of the City of Little <'oe c, ,ri-ansas, in its entirety ancA all other UrGinanccs and Darts of ��rainances in conflict herewith are hereby resealed and this urainancc shall be in full force and effect from ana a.Lter its yaassa; --e. PASSED: August .190 1963 City .Glen. Mayor.