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Help & SupportChapter 10-2: Housing Code18
The purpose of this chapter is to protect, preserve, and promote the physical and mental health of the residents of the city, control communicable diseases by regulating privately and publicly owned dwellings, promote conservation and efficient use of energy in dwellings, protect safety, and promote the general welfare. This chapter establishes minimum standards for basic equipment and facilities for light, ventilation, and heating; for safety from fire; for the use and amount of space for human occupancy; and for safe and sanitary maintenance of dwellings.
(Ordinance Nos. 4824 (1984); 5270 (1990))
(a) The city manager may inspect dwellings and their adjacent premises in order to determine whether they comply with the provisions of this chapter.
(b) Every occupant of a dwelling shall, upon reasonable notice, give the operator, a rental housing inspector hired by the operator, and the city manager access to any part of such dwelling or its adjacent premises at all reasonable times for the purpose of making such inspection, repairs, or alterations as are necessary to effect compliance with the provisions of this chapter and chapter 10-3, "Rental Licenses," B.R.C. 1981.
(Ordinance Nos. 5270 (1990); 7023 (1999))
10-2-3 Unfit Dwellings and Vacation Thereof.
(a) Whenever the city manager finds that a dwelling or portion thereof does not conform to the standards established by this chapter and presents an imminent hazard to public health or to the physical safety of the occupants therein, the manager may, without prior notice or hearing, designate such dwelling or portion thereof as unfit for human habitation. The manager shall post any dwelling or portion thereof so designated with a placard of reasonable size on each entry to the premises and shall order all occupants of the dwelling or portion thereof to vacate the premises within the time specified on the placard, which time shall be no fewer than ten days from the date of the posting. If the manager finds that, based on all the attendant circumstances, the violation presents an immediate and substantial hazard to the occupants, the manager may order the occupants to vacate the premises in fewer than ten days.
(b) Within three days after the designation prescribed by subsection (a) of this section, the city manager shall serve a notice of the designation of unfitness as provided in subsection 10-2-4(a), B.R.C. 1981. However, notwithstanding paragraph 10-2-4(a)(3), B.R.C. 1981, the operator shall correct the violation immediately and may have no more than ten days after service of such notice to file an appeal with the building board of appeals. Such an appeal does not stay any order to vacate the premises under subsection (a) of this section, unless the board stays such an order.
(c) No person shall use, occupy, own and allow to be occupied, or let to another for occupancy or for human habitation any dwelling or portion thereof that has been designated as unfit for human habitation contrary to the terms of the placard until:
(1) The building board of appeals, after a hearing, or a court orders the city manager to remove the placard; or
(2) The manager authorizes in writing that the property may be occupied because the hazardous condition has been eliminated.
(d) No person shall destroy, deface, remove, or obscure any placard affixed under the provisions of this chapter, except after the orders set forth in subsection (c) of this section.
(Ordinance Nos. 4969 (1986); 5270 (1990))
10-2-4 Enforcement of the Housing Code.
(a) Except in those instances where section 10-2-3, "Unfit Dwellings and Vacation Thereof," 10-2-19, "Occupant's Responsibilities," or 10-2-20, "Operator's Responsibilities," B.R.C. 1981, applies or if a violation of chapter 10-3, "Rental Licenses," B.R.C. 1981, is alleged, whenever the city manager determines that there is or has been a violation of any provision of this chapter, the manager shall give notice of such determination to the person responsible under this chapter to correct the violation that:
(1) Is in writing;
(2) Describes with reasonable detail the violation alleged to exist or to have been committed so that the alleged violator may properly correct it;
(3) Provides a reasonable time, in no event fewer than thirty days, for the correction of the violation alleged;
(4) Summarizes the appeal procedures in subsection 10-2-5(b), B.R.C. 1981;
(5) Is signed by the manager or a duly authorized representative; and
(6) Is served as follows:
(A) A notice of violation of this chapter, personally upon the operator, any member of the operator's family over eighteen years of age at the operator's home or the stenographer, bookkeeper, or chief clerk at the operator's usual place of business or by first class mail to the operator at the address of record with the office of the Boulder County Assessor; or
(B) A notice of violation issued under chapter 10-3, "Rental Licenses," B.R.C. 1981, personally upon the operator, any member of the operator's family over eighteen years of age at the operator's home or the stenographer, bookkeeper or chief clerk at the operator's usual place of business or by first class mail at the address listed in the rental license application.
(C) Any notice of violation served by mail shall be deemed received three days after its date of mailing.
(b) If the city manager issues a notice of violation, no prosecution shall be filed in municipal court until after the time for correction provided in paragraph (a)(3) of this section. This restriction does not apply to violations of section 10-2-3, "Unfit Dwellings and Vacation Thereof," 10-2-19, "Occupant's Responsibilities," or 10-2-20, "Operator's Responsibilities," B.R.C. 1981.
(c) No person shall fail to make corrections as required by a notice of violation within the time provided in the notice, or as extended by appeal.
(d) If there are practical difficulties involved in carrying out the provisions of this chapter, and if the operator establishes that the relevant portions of an existing building were in compliance with all applicable codes at some prior time, and have not thereafter been illegally modified, the city manager, upon written application, may grant a modification for individual cases, provided the manager shall first find that a special individual reason specific to the building makes the strict letter of this chapter impractical and that the modification is in conformity with the intent and purpose of this chapter and that such modification does not lessen any health or fire protection requirements or any degree of structural, electrical, mechanical, or plumbing integrity. The details of any action granting a modification shall be recorded and entered in the files of the city. Denial of a modification is not appealable except by way of an application for a variance after issuance of a notice of violation.
(Ordinance Nos. 5012 (1986); 5270 (1990))
(a) Any aggrieved person who believes the alleged violation to be factually or legally contrary to this chapter or rules and regulations issued pursuant to this chapter may appeal a notice of violation to the board of building appeals19 in a manner provided by the board under the procedures prescribed by chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, or may request that a variance be granted. An appeal and a request for variance may be filed in the alternative. An appellant shall file the appeal, request for variance, or both in the alternative with the board within thirty days from the date of service of the notice of alleged violation. The appellant may request enlargement of time to file if such request is made before the end of the time period. The city manager may extend for a reasonable period the time to file with the board if the applicant shows good cause therefor.
(b) Any operator aggrieved by a decision of the city manager upon a reinspection that any or all of the violations alleged in the notice of violation have not been adequately corrected may appeal such determination by filing a notice of appeal with the board of building appeals within ten days of the date of the reinspection.
(c) The appeal will be conducted under the procedures of chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. The burden of proof is on the city manager to establish an alleged violation.
(d) If the board of building appeals affirms the determination by the city manager, it shall grant the operator a reasonable period of time to correct the violation appealed. Any subsequent determination by the manager as to whether the violations alleged in the notice of violation have been adequately corrected is final.
(e) Any operator may initiate proceedings for a variance by filing with the board of building appeals and the city manager a pleading setting forth the relevant facts, the applicable law, and the variance requested. The board shall hold a hearing and make a decision thereon.
(f) Except as provided in section 10-3-4, "Reduced Term Rental License," B.R.C. 1981, the board of building appeals has no jurisdiction to hear appeals regarding, nor requests for variances from, the requirements of chapter 10-3, "Rental Licenses," B.R.C. 1981.
(g) The board of building appeals may authorize a variance from the terms of the housing code or the rules and regulations adopted pursuant thereto subject to terms and conditions fixed by the board that the board determines will not adversely affect the public health where, owing to exceptional and extraordinary circumstances, literal enforcement of applicable provisions will result in unnecessary hardship. The burden of proof is upon the applicant to show by clear and convincing evidence exceptional and extraordinary circumstances and unnecessary hardship, and that:
(1) The variance will not substantially or permanently injure the appropriate use of the other portions of the dwelling involved or other property;
(2) The variance will be in harmony with the spirit and purposes of this chapter and the rules and regulations adopted pursuant thereto; and
(3) The variance will protect, preserve, and promote the physical and mental health of the people of the city in the same manner and to the same effect as would literal enforcement of the provisions applicable to each particular case.
(4) The financial resources of the appellant shall not be considered as an exceptional or an extraordinary circumstance or as a hardship for an appeal. However, the cost of the required work may be considered relative to the benefit of compliance with this chapter to the public or occupants in making such a determination.
(h) The fee for filing an appeal or requesting a variance is that prescribed by section 4-20-47, "Zoning Adjustment and Building Appeals Filing Fees," B.R.C. 1981.
(i) An aggrieved person seeking judicial review of a decision of the board of building appeals made under this section shall file a complaint for such review within thirty days after the date of the decision under Colorado Rule of Civil Procedure 106(a)(4).
(j) If no person appeals a notice of violation to the board of building appeals, the provisions of the notice become final when the time for filing an appeal with the board has expired. An order appealed to court is final unless a stay is in effect.
(k) If a person to whom the city manager has issued a notice of violation does not appeal to the board, such person may not raise as a defense to any subsequent prosecution in municipal court for a violation of subsection 10-2-4(c), B.R.C. 1981, that the conditions alleged to be violations in the notice of violation were not in fact or law violations.
(Ordinance Nos. 5270 (1990); 7428 (2005))
10-2-6 Minimum Standards for Basic Equipment and Facilities.
No person shall occupy, own and allow to be occupied, or let to another for occupancy any dwelling that does not comply with the requirements in this chapter.
(Ordinance No. 5270 (1990))
(a) Every plumbing fixture and water and waste pipe in a dwelling shall be installed as provided in the city plumbing code20 and maintained in sanitary and sound condition, free from all sewage leaks and obstructions, and free from potable water leaks that are a constant flow of water. It is a specific defense to a charge of plumbing code nonconformity that the installation was in conformance with the plumbing code in effect at the time of installation and the work was done with a permit and approved, but this specific defense shall not apply to any requirements specifically listed in this section.
(b) Every dwelling unit shall contain a kitchen sink in sound condition and properly connected to an approved water and sewer system.
(1) A kitchen sink shall be of seamless construction and impervious to water and grease. The internal surfaces shall be smooth with rounded internal angles and corners, easily cleanable, free from cracks or breaks that leak or that could cut or injure a person, and impervious to water and grease.
(2) A kitchen sink shall be no smaller than twenty inches by sixteen inches, with a minimum uniform depth of six inches and a maximum uniform depth of twenty inches. Stone, plastic, and concrete laundry tubs, lavatory basins, or bathtubs are not acceptable substitutes for required kitchen sinks.
(c) Every dwelling shall contain a room completely enclosed by partitions, doors, or opaque windows from floor to ceiling and wall to wall that is equipped with a flush water closet in sound condition and properly connected to an approved water and sewer system.
(1) Every flush water closet shall have an integral water-seal trap.
(2) Water closets shall have smooth, impervious, easily cleanable surfaces that are free from cracks or breaks that leak or that could cut or injure a person, and from makeshift repairs and shall be equipped with seats and flush tank covers constructed of smooth materials that are impervious to water and are free of cracks and breaks that could cut or injure a person.
(d) Every dwelling shall contain a lavatory basin in sound condition and properly connected to an approved water and sewer system and located in the same room as the flush water closet or as near to that room as practicable. If a dwelling contains a flush water closet in more than one room, it shall also contain a lavatory basin in each room with the flush water closet or as near to each such room as practicable.
(1) The lavatory basin shall be designed, intended, and located for use exclusively for ablutionary purposes.
(2) Lavatory basin surfaces shall be smooth, easily cleanable, impervious to water and grease, and free from cracks and breaks that leak or that could cut or injure a person. Stone, plastic, and concrete laundry tubs, sinks used for kitchen purposes, and bathtubs are not acceptable substitutes for lavatory purposes.
(e) Every dwelling shall contain, within a room completely enclosed by partitions, doors, or opaque windows from floor to ceiling and wall to wall, a bathtub or shower in sound condition and properly connected to an approved water and sewer system.
(1) Every bathtub shall have a smooth, impervious, and easily cleanable inner surface free from makeshift repairs and free from cracks and breaks that leak or that could cut or injure a person.
(2) Every shower compartment or cabinet shall have a base with a leak-proof receptor that is made of materials such as precast stone, cement aggregates, plastic, preformed metals or materials of similar characteristics and whose pitch is sufficient to drain completely. The interior walls and ceiling surfaces of the shower cabinet or compartment shall be made of smooth, nonabsorbent materials free of sharp edges that could cut or injure a person. Finishes of walls and ceilings that peel readily are not acceptable. The interior of every shower cabinet or compartment shall be watertight, maintained in sound condition, and easily cleanable. Repairs shall be required if more than two square feet of compartment wall is no longer waterproof or more than four linear feet of caulking has failed, or if the leak is causing an unsafe electrical condition.
(3) Built-in bathtubs with overhead showers shall have waterproof joints between the tub and adjacent walls and waterproof walls. Repairs shall be required if more than two square feet of compartment wall is no longer waterproof or more than four linear feet of caulking has failed, or if the leak is causing an unsafe electrical condition.
(f) Every dwelling shall have at least one flush water closet, lavatory basin, and bathtub or shower for each eight occupants thereof or for every family plus two roomers residing therein. To meet the requirement of this subsection for occupants not related by blood, marriage, guardianship, including foster children, or adoption, in dwellings with more than one sleeping room, all facilities shall be accessible to the occupants without passing through any sleeping room. Under no circumstances shall occupants be required to pass through another dwelling unit to reach facilities, and all facilities shall be in the same building and located so that the occupants are not required to go outside the building to reach facilities.
(g) Every kitchen sink, lavatory basin, bathtub, or shower required under this section shall be connected to both hot and cold water lines as provided in the city plumbing code.
(h) Shared toilet and bath facilities shall be located on the same or adjacent floor as the rooming unit that they serve.
(i) Plumbing fixtures, except those having integral traps, shall be separately trapped by a water seal trap that is located as near the fixture outlet as possible and readily accessible for inspection.
But one trap may be installed for a set of not more than three single compartment sinks or laundry trays or three lavatory basins immediately adjacent to each other in the same room, if the waste outlets are not more than thirty inches apart and if the trap is centrally located for the set of sinks.
(j) All exterior openings into the interior of the building, including, without limitation, those in crawl spaces, provided for the passage of piping shall be properly sealed with snug fitting collars of metal or other rat-proof material securely fastened into place.
(Ordinance Nos. 5270 (1990); 7416 (2005))
10-2-8 Water Supply and Distribution Standards.
(a) Potable water shall be provided for all dwelling units. When the premises are connected to a private water supply system, the private system shall be tested and approved as a sanitary source of water supply by the County Health Department. The city manager may require additional testing of a private or public water supply, if there is a reason to believe contamination has occurred.
(b) Potable and non-potable water supplies shall be distributed through systems entirely independent of each other. There shall be no actual cross-connections between such supplies.
(c) Materials for water distributing pipes and tubing shall be brass, copper, cast iron, wrought iron, open-hearth iron, steel, or other approved material with fittings meeting the requirements of the city plumbing code.
(d) Water pressure shall at all times be adequate to permit a reasonable and proper flow of water into all plumbing fixtures.
(Ordinance Nos. 4824 (1984); 5270 (1990))
10-2-9 Electrical Service Standards.
(a) Every dwelling shall be supplied with electricity and shall meet the following requirements:
(1) Every habitable room shall contain one electrical convenience outlet for each twenty linear feet or major fraction thereof, measured horizontally around the room at the baseboard line, except that in each habitable room, one electric light fixture may be installed in lieu of one of the required electrical convenience outlets, if each habitable room contains at least one electrical convenience outlet.
(2) Every water closet compartment, bathroom, laundry room, furnace room, space containing a heating appliance, stairway, and public hall shall contain at least one ceiling or wall type electric light, except where light is available from a permanent source or an adjacent space providing a minimum of five footcandles.
(3) Every outlet and fixture shall be installed and maintained in sound condition.
(b) Electric heating appliances that are not permanently installed may not be used to meet the heating requirements of subsection 10-2-10(b), B.R.C. 1981.
(c) No person shall install, use, or allow to be installed or used any non-stationary electrical outlets, makeshift outlets, tacked extension cording, or makeshift electric wiring.
(d) Every dwelling unit shall be provided with an electrical service entrance capacity of at least thirty amperes if no electrical appliances exceed one hundred ten volts, or at least forty amperes if no more than one electrical appliance requires two hundred twenty volts, or at least seventy amperes if two or more electrical appliances require two hundred twenty volts. If there is evidence of insufficient or unsafe electrical service or wiring, including, without limitation, flickering lights, hot wires, burnt wire insulation, overloading of circuits, burnt fuses, or oversized fuses, the operator shall furnish, upon request, an analysis and recommendation for repairs by a licensed electrical contractor. The city manager may require repairs as recommended by the electrical contractor.
(e) No person shall have frayed and exposed wiring, wiring unprotected by proper covering, fixtures in disrepair, or makeshift wiring of fixture repair.
(f) When a baseline inspection is required as part of the rental housing licensing program specified in chapter 10-3, "Rental Licenses," B.R.C. 1981, and such inspection is required to be done by a licensed rental housing inspector, that portion of the inspection which covers subsections (c), (d), and (e) of this section shall be done by a licensed rental housing inspector who is also either an American Society of Home Inspectors, Inc., certified rental housing inspector, an International Conference of Building Officials or International Code Council certified combination inspector, or an electrical contractor licensed by the city.
(Ordinance Nos. 4824 (1984); 5270 (1990); 7189 (2002))
10-2-10 Mechanical and Heating Standards.
(a) Every mechanical fixture and piece of mechanical equipment shall be installed as required by the city mechanical code,21 and maintained in a sound condition. It is a specific defense to a charge of code nonconformity that the installation was in conformance with the mechanical code in effect at the time of installation and the work was done with a permit and approved, but this specific defense shall not apply to any requirements specifically listed in this section.
(b) Every dwelling shall have heating facilities capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments located therein to a temperature of at least sixty-eight degrees Fahrenheit at a distance three feet above floor level, when the temperature outside is minus five degrees Fahrenheit. If the city manager is notified that the heating system fails to perform to meet this requirement, the city manager may require the operator to furnish an inspection report and recommendation for corrections, if any, to the heating system by a licensed mechanical contractor. The manager may require that the recommended corrections be done. The following supplemental heating devices shall not be considered "heating facilities" for the purpose of calculating or measuring the heating capacity of a dwelling:
(1) Unvented fuel burning room heaters.
(2) Electric heating appliances that are not permanently installed, or any other heating appliances not permanently installed.
(3) Solid fuel burning devices, as defined in chapter 6-9, "Air Quality," B.R.C. 1981.
(c) Gas-fired equipment shall comply with the city mechanical code.
(d) Storage-type water heaters shall be installed so as to maintain that clearance from unprotected or protected combustible materials specified by the manufacturers' installation instructions. Uninsulated tank water heaters and hot water storage tanks shall be insulated. Additional insulation shall be installed on all water heaters and storage tanks located in unheated spaces except if prohibited by manufacturer's installation instructions. Additional tank insulation shall be securely fastened and held clear of pilot lights and vents in an approved manner.
(e) Sufficient clearance shall be maintained to permit cleaning of heating equipment surfaces; replacement of filters, blowers, motors, burners, controls, and vent connections; lubrication of moving parts, where required; and adjustment and cleaning of burners and pilots. A safety inspection and tune-up shall be performed as necessary to provide safe operation at least every four years. But for rental property required to be licensed under chapter 10-3, "Rental Licenses," B.R.C. 1981, a safety inspection and tune-up shall have been performed by a qualified heating maintenance person not more than one year before the date of application for a new rental license, or of the expiration date listed on the last license issued for such property in the case of a renewal of an unexpired license, or within four years after the date of issuance of any rental license with an indefinite term and within every succeeding four-year period. A safety inspection and tune-up consists of inspection and maintenance of all fuel burning appliances, including, without limitation, the furnace and other components of the heating system, as follows:
(1) Check for gas leaks at furnace shutoff valve, furnace, and any joints in between, and correct any leakage found.
(2) Identify gas line material. Replace all copper or other non-complying pipe with approved pipe.
(3) Check for proper drafting of appliance. Correct as necessary until drafting is proper.
(4) Check for readily accessible gas line shutoff valve, which shall be within three feet of the furnace. If not accessible, correct accessibility. If valve is too far away, have mechanical contractor install valve in proper location.
(5) Check to assure vents and draft diverters are in sound condition, securely in place, and of approved material. Secure and replace as necessary.
(6) Check for adequate combustion air for furnace and any other appliance within same mechanical room. Increase combustion air supply as necessary.
(7) Check to assure all single wall vents are a minimum of six inches from combustibles and all B-type vents are a minimum of one inch from combustibles. Correct any clearance deficiencies as necessary.
(8) Check to assure sufficient clearance is maintained for cleaning and repairs to furnace. Correct any clearance deficiencies as necessary.
(9) Check and remove all loose combustible materials from within four feet of mechanical equipment in mechanical rooms.
(10) Check and thoroughly clean all dust and dirt from within and around furnace, blower, motor, burners, and controls.
(11) Lubricate and adjust all moving parts as needed.
(12) Check, adjust, and clean all burners and pilots as needed.
(13) Check, clean if cleanable, or replace all filters.
(14) Check for visible signs of a cracked heat exchanger insofar as this may be accomplished through existing access and inspection ports in the furnace. If cracked, have mechanical contractor replace heat exchanger.
(15) Check to assure limit switches on furnaces and safety valves on boilers are in sound condition. Replace as necessary.
(16) Check to assure boilers, as applicable under the city mechanical code, are equipped with a low-water cutoff. If a cutoff is required but not installed, have mechanical contractor install.
(17) If a state boiler inspection is required, a copy of the site inspection sheet and the certificate from the state inspection is accepted as the tune-up.
(18) Perform a carbon monoxide test on all fuel burning appliances, gas fireplaces and gas fired water heaters using a carbon monoxide detector according to the testing equipment manufacturer's instructions, and note all deficiencies and how they have been corrected. The test shall be performed using equipment approved under a nationally recognized standard for measuring the levels, in parts per million, of carbon monoxide.
(f) Combustion-type heaters shall be provided with down-draft diverters in the vent pipes of such appliances. Vents and vent-fittings shall be constructed of one of the following materials: galvanized or lead-coated iron or steel; stainless steel; monel; aluminum 2-S 1/2 H, none of which shall be less than No. 26 U.S. Standard gauge; copper not less than sixteen ounces per square foot; or any other approved material.
(g) Existing radiant heaters may be used and maintained if there is no evidence of carbon on any of the radiants and there are no broken radiants.
(h) Furnaces shall be installed in accordance with the manufacturer's instructions.
(i) Boilers or furnaces shall be equipped with approved safety devices arranged to limit high steam pressures, water temperatures, or temperatures in warm air furnaces. Each gas-fired boiler shall be equipped with a low water cut-off which conforms with the city mechanical code.
(j) Unvented fuel burning heaters are prohibited except in garages and other group U occupancies as defined in the city building code. Fuel-combustion heating appliances shall be vented to the atmosphere. Down-draft diverters shall be provided in the vents from gas and oil appliances. Vents and vent-fittings shall be either a double-wall Type B flue or constructed of approved non-corrodible material such as galvanized steel or aluminum 2-S 1/2 H, of at least No. 26 U.S. Standard gauge.
(k) A vent pipe shall be installed so as to avoid sharp turns or other constructional features that would create excessive resistance to the flow of the products of combustion. Horizontal runs of gas vents depending on natural draft shall not exceed fifteen feet, but in no case may such horizontal runs exceed seventy-five percent of the vertical height of the flue. On such horizontal runs, vents shall be securely supported by metal straps.
(l) All vent pipe connections to a masonry chimney or flue shall be made with a slip joint; the thimble shall be cemented into the chimney and shall not extend into the chimney beyond the chimney lining.
(m) A reasonably accessible and approved cleanout opening with a tight-fitting cover shall be provided and maintained free of all obstructions and debris at least twelve inches below the lowest vent inlet into any unlined masonry chimney or flue; but no unlined chimney that is a part of and supported by walls and terminates above any floor (a "shelf" or "bracket" chimney) shall be used to vent any gas appliance.
(n) The cross-sectional area of any flue shall not be less than the cross-sectional area of the flue connection outlet of the appliance it serves. When additional vents from other appliances are connected to the flue, the vent area shall be at least the greater of:
(1) The vent area of the appliances having the largest vent, plus an amount equaling fifty percent of the areas of all additional smaller appliance vents, or
(2) Seventy-five percent of the combined areas of all connected appliance vents.
(o) Single-walled metal vents or flues shall be not less than six inches from combustible material and shall not pass through combustible walls, floors, ceilings, or partitions unless they are guarded at point of passage by approved double metal ventilated or insulated thimbles. There shall be one inch of clearance for Type B or double-walled pipe.
(p) A gas appliance vent pipe may be connected to the vent pipe of another gas appliance through a suitable "Y" junction fitting provided the vent size is increased to accommodate the increased volume of flue gases.
(q) All water heaters shall be provided with an approved water pressure and temperature relief valve and drain extension to minimize the possibility of explosions and scalding.
(r) Gas-fired appliances are prohibited in pits or other places subject to flooding by water seepage.
(s) Water heating facilities for dwellings shall provide water at a temperature of at least one hundred twenty degrees Fahrenheit and a recovery capacity of at least twenty gallons per hour for each dwelling unit.
(t) All gas-fired space and central heating equipment, water heaters, and gas dryers shall have approved safety pilot assemblies.
(u) Gas cooking ranges and plates shall not be installed in rooms used for sleeping purposes, and in no case shall such appliances be used for purposes of heating any portion of a dwelling. But permanently installed gas cooking ranges and plates may be installed in sleeping areas which are not in a rooming unit if such ranges or plates have been installed pursuant to a permit, inspection, and approval by the city.
(1) All ranges shall be rigidly connected to the house gas piping outlet with not less than three-fourths inch pipe, except that a maximum of six feet of approved semi-rigid tubing may be used immediately adjacent to such appliance. Such semi-rigid tubing shall not pass through any wall, partition, floor, or ceiling.
(2) Gas cooking ranges, plates, and refrigerators shall be in sound condition. All orifices, burners, and controls shall be kept in sound condition and in no case constructed, installed, or maintained in a manner that would permit carbon monoxide production during operation.
(v) All gas appliances shall be connected to an approved gas supply using approved materials. An approved shutoff valve, in addition to any valve on the appliance, shall be installed outside of each appliance, ahead of its union connection, and within three feet of the appliance.
(w) Gas meters shall be located on the exterior of all dwellings in an approved location and shall have an approved shutoff valve at the gas service entrance.
(x) All unused gas lines shall be terminated in an approved manner.
(y) Gas water heaters, gas furnaces, and decorative gas appliances shall not be located in or be directly accessible from a bedroom or bathroom, unless the city manager has approved such location because there is an adequate physical separation of the makeup air, natural gas, and products of combustion from such rooms, which separation includes, without limitation, a gasket sealed door and outside makeup air, or a direct vent/sealed combustion chamber system.
(Ordinance Nos. 5270 (1990); 5798 (1996); 7189 (2002))
Every dwelling unit shall have a cooking device installed in an approved manner.
(Ordinance Nos. 4824 (1984); 5270 (1990))
10-2-12 Light, Ventilation, Window and Door Standards.
(a) Every habitable room in a dwelling shall have at least one window or a skylight facing directly to the outside. The city manager may approve an indirect means of supplying five foot-candles of illumination to such rooms, except for sleeping rooms, without direct opening to the exterior, if ventilation is provided as required by subsection (c) of this section.
(b) Every public hall or stairway in or leading into every multiple dwelling shall have a minimum of five foot-candles of illumination measurable with a standard light meter at floor level in halls and tread levels on stairways, at all times when the structure is occupied. This requirement does not apply when there is a power outage to the building. If an emergency lighting system is required or installed within the building, it must be in sound condition.
(c) Every habitable room within a dwelling shall be provided with at least one window or skylight, openable or vented directly to outside air or other comparable means of mechanical or natural ventilation that is approved by recognized testing laboratories. Such facilities for ventilation shall present an area of contiguous air between the inside of the room and the outdoor space of not less than one square inch for each square foot of floor area for each habitable room.
(d) Every bathroom, shower room, or water closet compartment shall be provided with ventilation to the outside air of at least four square inches cross-sectional area of duct, at least one window openable to the outside exposing at least four square inches of outside air, or another approved mechanical, electrical, or natural means of providing comparable ventilation.
(e) Windows shall be soundly and adequately glazed, free from loose and broken glass and cracks that would cause physical injury to persons, allow the elements to enter the structure, or allow excessive heat loss from within. A single crack in glazing (other than a shower enclosure) which is securely contained in a frame and is not exposed to severe wind hazard may be duct taped or caulked if it has no exposed sharp edges and does not exceed twelve inches in length. All accessible windows shall be weatherstripped to prevent excessive air infiltration. Effective weather-stripping shall be installed and maintained or more extensive treatments such as operable or removable storm windows or double glazing which provide equivalent air infiltration reduction may be substituted.
(f) Exterior doors shall fit doorway openings and be weatherstripped in a manner that prevents excessive air infiltration, heat loss, and the entrance of the elements and vermin. Exterior doors shall be maintained free from cracks or breaks. All doors leading directly into a dwelling unit or rooming unit shall be provided with workable locks; but nothing in this section requires that entrances into common hallways or any other entrance that does not lead directly into a dwelling unit or rooming unit shall be locked.
(g) All basement hatchways, crawl space, or cellar openings shall be constructed so as to prevent the entrance of the elements and vermin and shall be maintained in a state to minimize the danger of physical injury.
(Ordinance Nos. 5270 (1990); 5798 (1996))
(a) Every habitable space shall be provided with an unobstructed exit to the ground level. Every inside and outside stairway, every porch, and every appurtenance thereto shall be maintained and kept in sound condition.
(b) Doors, windows, corridors, stairways, fire escapes, and passageways serving as ordinary or emergency exit routes shall be free of stored or discarded material, and in no case shall such routes be obstructed or locked to persons within the building.
(c) In dwellings containing two or more inhabited floors:
(1) Inhabited second stories shall have two means of egress to ground level if the occupancy load of the second story is ten or more;
(2) Inhabited floors above the second story shall have no fewer than two means of egress to ground level regardless of the number of occupants, if they are rented separately from any lower levels of the structure; and
(3) All means of egress shall be equipped in a manner that obviates the need to jump or drop to the ground.
(d) Dwelling or rooming units located in basements or cellars shall be provided with two separate routes of egress; one of those means of egress may be for emergency use only. There shall be a minimum of ten feet of horizontal separation between each such egress.
(e) If any window is used or intended to be used for emergency egress in meeting the requirements of subsection (c) or (d) of this section, it shall be readily accessible and have minimum unobstructed dimensions of thirty inches in width and twenty-four inches in height or twenty-four inches in width and thirty inches in height, or shall meet the dimensional requirements for escape or rescue windows of the city building code, and shall lead to an open, unobstructed space at grade level.
(1) If any such window has a finished sill height more than forty-four inches above the floor, functional permanent steps shall be provided.
(2) If any such window exits into a window well, and the well is more than forty-four inches below grade level, functional permanent steps shall be provided.
(3) If any such window exits into a window well, the well shall have an unobstructed minimum head room clearance of thirty inches to an open exterior area, such as a yard or street.
(f) The main means of egress from each habitable room in a dwelling shall have an unobstructed height of at least six feet four inches.
(Ordinance Nos. 5039 (1987); 5270 (1990))
10-2-14 Minimum Space, Use, and Location Requirements.
(a) Every dwelling unit shall contain at least one hundred fifty square feet of floor space for the first occupant thereof and at least one hundred additional square feet of floor space for every additional occupant thereof. The floor space shall be calculated on the basis of total habitable room area plus non-habitable room area up to a maximum of ten percent of the total required floor space. But this floor space requirement does not apply when the residents of a dwelling unit are members of a family.
(b) Every room occupied for sleeping purposes by one person shall contain at least seventy square feet of floor space and every room occupied for sleeping purposes by more than one person shall contain at least thirty square feet of floor space for each additional occupant thereof. The floor space shall be calculated on the basis of total habitable sleeping room area plus up to twenty-five percent of the area of a closet adjacent to such sleeping room.
(c) 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 the part of any room where the ceiling height is less than five feet shall not be considered as habitable area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
(d) No basement or cellar space shall be let as a habitable room and no basement or cellar space shall be used as a dwelling unit or rooming unit unless:
(1) The floor, ceiling, and walls meet the standards as required by section 10-2-15, "Floors, Foundations, Walls and Ceilings," B.R.C. 1981;
(2) The total amount of light provided in each room equals at least the minimum amount of light as required in subsection 10-2-12(a), B.R.C. 1981;
(3) The facilities for ventilation in each room are equal to at least the minimum as required under subsection 10-2-12(c), B.R.C. 1981; and
(4) The floors and walls do not at any time admit any underground or surface run-off water and the floors and walls are finished in a way to eliminate dampness from condensation.
(Ordinance Nos. 4824 (1984); 5270 (1990); 7416 (2005))
10-2-15 Floors, Foundations, Walls and Ceilings.
(a) Every foundation, floor, roof, ceiling, and exterior and interior wall shall be reasonably weathertight and watertight, kept in sound condition and capable of affording privacy for the occupants. All accessible seams, cracks, and joints where air infiltration may occur shall be caulked. Where it is observed that recent water damage in area has occurred to the interior, the city manager may require an inspection and repair recommendation by a licensed contractor. The city manager may require that recommended repairs, if any, be done. The city manager may accept a written statement from the operator that the leak has been repaired.
(b) Every foundation, roof, floor, exterior and interior wall, ceiling, inside and outside stair, and porch and appurtenance thereto shall be safe to use and capable of supporting the loads that normal use may cause to be placed thereon and shall be kept in sound condition.
(c) Floors, interior walls and ceilings, and all appurtenances thereto shall be secure and free of holes, cracks, breaks, dampness, and loose or peeling plaster that would admit or harbor insects and rodents, cause injury by tripping or cause injury from falling loose building materials.
(d) All holes cut in floor coverings for the passage of plumbing fixtures for pipes shall be sealed to prevent passage of vermin.
(e) Floor coverings that are torn or loose and located on a stairway or within three feet of any door threshold or stairway shall be removed or repaired in an acceptable manner to prevent tripping. Tears in excess of six inches in length and rising one-quarter inch or more above the floor surface in any location present a tripping hazard and shall be repaired.
(f) Floor coverings such as carpeting, tile, linoleum, and similar material shall be repaired or replaced when more than twenty-five percent of the floor covering area is severely deteriorated.
(g) The floor, walls, and ceiling of every bathroom and shower room shall have a smooth, impervious, and easily cleanable surface free from peeling paint for more than ten percent of each surface, breaks, cracks, holes, and makeshift repairs. But carpeting and other approved materials may be installed in a bathroom located within one dwelling unit, if such a bathroom is not shared by any rooming unit. No person shall use carpeting in communal bathrooms located within rooming houses or shared by rooming units.
(Ordinance No. 5270 (1990))
10-2-16 Food Preparation and Food Storage Areas.
(a) Kitchen sink countertops, food preparation surfaces, cooking devices, and food storage areas shall be easily cleanable and shall be free from holes, breaks or cracks that leak or could cut or injure a person, and dampness that would permit the harborage of insects or promote the growth of bacteria.
(b) Carpeting may be used in kitchens contained within a dwelling unit but shall not be used in communal or shared kitchens located within rooming houses or serving rooming units.
(Ordinance No. 5270 (1990))
10-2-17 Safe Maintenance of Utilities and Equipment.
(a) All supplied facilities, pieces of equipment, or utilities in or about the premises of any dwelling unit shall be capable of performing their intended functions, shall not be constructed or installed in such a manner as to create a hazard to persons, and shall be maintained in sound condition. Nothing in this section shall be interpreted to require repair or replacement of dishwashers, compactors, washers, dryers, hot tubs, air conditioners, saunas, or other non-essential appliances that have been safely disconnected.
(b) Required exit doors from individual dwelling units and bedrooms may be provided with a night latch, deadbolt, or security chain, if such devices are openable from the inside without the use of a key or tool.
(c) Safe maintenance shall be provided for fireplaces and wood stoves. Safe maintenance includes, without limitation:
(1) Firebrick and flue maintained in sound condition;
(2) Operable damper;
(3) Chimney and flue chamber is free of defects or blockages;
(4) Where deterioration, such as loose, missing bricks, rusted holes, or serious defects of chimney or flue occurs above the roofline it shall be replaced or repaired to meet the requirements of the city building code; and
(5) Proper drafting to occur at all times when in use.
(Ordinance No. 5270 (1990))
10-2-18 Stairways and Guardrails.
(a) Stairways used for egress routes for habitable rooms shall have at least six-foot-four-inch headroom, measured vertically from the tread level, and shall be maintained in a sound condition.
(b) Risers and treads shall be of uniform height and width within one-half inch maximum variance throughout any one flight. Except in those stairways leading to unused cellar or attic space, the rise of the steps in a stairway shall not exceed eight inches, and the tread shall not be less than nine inches in width, which may include a one-inch nosing.
(c) Every inside stairway and every outside stairway which contains four or more risers and is attached to or directly abutting a dwelling, except stairways providing access to unused cellar or attic space, shall be provided with one handrail securely fastened to the wall or to a sturdy balustrade. The handrail shall be placed at a uniform height not less than thirty inches nor more than thirty-eight inches above the nosing level.
(d) All unclosed floor and roof openings, open and glazed sides of landings, ramps, stairs, balconies or porches which are more than seven feet above grade or the floor below, and roofs used for other than service of the building, shall be protected by a guardrail. Guardrails shall be not less than twenty-four inches in height and shall be capable of supporting fifty pounds per linear foot applied horizontally to the top of the guardrail. If a guardrail requires more than fifty percent replacement or repair, the replacement or repair must meet the dimensions required by the city building code.
(Ordinance No. 5270 (1990))
10-2-19 Occupant's Responsibilities.
(a) No occupant of a dwelling or rooming unit shall fail to maintain, and, upon departure, to leave that part of the dwelling and premises thereof, including basement facilities, that the occupant occupies and controls and that is provided for the occupant's use, in a clean and sanitary condition, free of litter, debris, and vermin.
(b) No occupant shall keep any animals or pets in a dwelling or rooming unit or on any premises in such a manner as to create unsanitary conditions, including, without limitation, accumulation of excrement.
(c) No occupant of a dwelling or rooming unit shall fail to dispose of all refuse, garbage, rubbish, and rubble that such occupant generates as required by chapter 6-3, "Trash," B.R.C. 1981.
(d) Subject to the limitation set forth in subsection (c) of this section, no occupant of a structure containing a single dwelling unit shall fail to exterminate any insects, rodents,22 or other pests in the premises over which such occupant has control, and no occupant of a dwelling unit in a structure containing more than one dwelling unit or rooming unit shall fail to perform such extermination whenever such occupant's dwelling unit or rooming unit is the unit primarily infested.
(e) No occupant of any rooming unit shall use or store in the unit any electrical hot plate or other cooking device.
(f) No occupant shall store any combustibles in a furnace or boiler room or water heater compartment.
(g) No occupant of a dwelling or rooming unit shall fail to maintain and keep all plumbing within such occupant's unit free from filth, debris, garbage, litter, decayed organic matter, soil, grease, obstruction to proper flow, or anything that may serve to attract or harbor vermin.
(h) No occupant shall install, use, or permit the installation or use of any makeshift non-stationary electrical outlets, makeshift outlets, tacked electrical extension cording, or makeshift electric wiring.
(i) No occupant shall permit the installation or use of an electrical extension cord from an electrical convenience outlet extending or passing from one room to another room.
(j) No occupant shall permit the installation or use of an electrical extension cord where foot traffic passes directly over it.
(k) No occupant shall permit the installation or use of an electrical extension cord across any doorway or through any wall or partition of any dwelling unit or room therein.
(l) No occupant shall install, use, or fail to remove any unvented fuel burning room heater from a dwelling or rooming unit.
(m) No occupant shall use as habitable space any area not approved for such use.
(n) No occupant of any rooming unit shall use or store in the unit any refrigerator or refrigerator-freezer or combined microwave and refrigerator-freezer unit in excess of three cubic feet of cooling and freezing space and then only if the electrical system of the entire building is adequate for all the electrical loads of the building.
(o) No occupant of any dwelling or rooming unit shall disable or disconnect a smoke detector required by this code.
(Ordinance Nos. 5083 (1987); 5270 (1990); 5494 (1992); 5798 (1996); 5975 (1998))
10-2-20 Operator's Responsibilities.
(a) Every operator of a dwelling containing two or more dwelling units is jointly and severally responsible for maintaining the shared or public areas of the dwelling and premises thereof in a clean and sanitary condition and no such person shall fail to maintain such areas.
(b) Whenever infestation23 exists in two or more of the dwelling units in any dwelling, or in the shared or public part of any dwelling containing two or more dwelling units, all operators are jointly and severally responsible to exterminate the infestation.
(c) Notwithstanding provisions of subsections (a), (b), and (f) of this section, whenever infestation is caused by failure of an operator to maintain a dwelling in ratproof or reasonably insectproof conditions, all operators are jointly and severally responsible to exterminate the infestation.
(d) No operator shall store or allow to be stored any combustible or inflammable material in any furnace or boiler room or water heater compartment.
(e) No operator shall fail to prevent the use of hot plates or other cooking devices in any rooming unit.
(f) No operator shall fail to provide trash receptacles as required by chapter 6-3, "Trash," B.R.C. 1981.
(g) No operator shall fail to comply with the pre-application pesticide notification provisions of section 6-10-7, "Notification to Tenants and Employees of Indoor Application," B.R.C. 1981.
(h) No operator shall provide, install, or permit the presence of a refrigerator or refrigerator-freezer or combined microwave and refrigerator-freezer unit larger than three cubic feet of cooling and freezing space in a rooming unit and then only if the electrical system of the entire building is adequate for all the electrical loads of the building.
(i) No operator shall provide, install, or permit the presence of any unvented fuel burning room heater in a dwelling or rooming unit.
(j) No operator of a property that is located in the floodplain shall fail to post on the exterior of the premises at the entrance a sign approved by the city manager stating that the property is subject to flood hazard and containing such further information and posted at such other locations inside the building as the manager may reasonably require.
(Ordinance Nos. 5270 (1990); 5798 (1996); 5975 (1998))
No person shall own and allow to be occupied or operate a rooming house, or shall occupy or let to another for occupancy any rooming unit, except in compliance with all provisions of this chapter; but subsection 10-2-7(b) and section 10-2-11, "Cooking Devices," B.R.C. 1981, do not apply to rooming houses or rooming units.
(Ordinance No. 5270 (1990))
10-2-22 Smoke Detectors Required in Dwelling Units.
(a) Every dwelling or rooming unit not regulated under section 10-2-23, "Buildings Containing Multiple Units," B.R.C. 1981, shall have a smoke detector installed within every sleeping room within that dwelling unit. On floors of the unit which do not have a sleeping room, a smoke detector shall be installed in a hallway or in a room connected to a hallway by an opening which cannot be closed.
(b) Such detectors may be:
(1) Battery operated; or
(2) Receive their primary power from the building wiring.
(c) Smoke detectors shall be located on the ceiling or on the walls of the room in which they are installed as required by the manufacturer's listing. Detectors under this section need not be interconnected.
(d) Smoke detectors required by this section shall be installed within each dwelling or rooming unit prior to issuance of a rental housing license pursuant to chapter 10-3, "Rental Licenses," B.R.C. 1981.
(Ordinance No. 7189 (2002))
10-2-23 Buildings Containing Multiple Units.
This section applies to buildings containing three or more dwelling or rooming units. In addition to all provisions applicable to such a building, it shall also comply with the following requirements:
(a) Manual Fire Alarms in Larger Buildings:
(1) Manual fire alarms shall be installed in accordance with chapter 10-8, "Fire Prevention Code," B.R.C. 1981, in buildings covered by this section if:
(A) The building is three or more stories high; or
(B) The building contains more than fifteen dwelling units that are served by common corridors or exitways; or
(C) The building is a hotel or motel containing twenty or more guest rooms.
(2) The following buildings are excepted from this manual fire alarm requirement:
(A) A building, all of whose units exit directly to the outside to grade or onto an unenclosed exit balcony leading directly to grade.
(B) A building protected throughout by an automatic sprinkler system as provided for in subsection (l) of this section.
(b) Smoke Detectors in Common Corridors of Smaller Buildings: Buildings not required by subsection (a) of this section to have manual fire alarms shall have smoke detectors and alarms which receive their primary power from the building wiring installed within all common corridors of the building in accordance with the following specifications:
(1) The spacing between detectors shall not exceed thirty feet. The maximum spacing from any exit door or stair shaft enclosure shall not exceed fifteen feet. Ceiling projections and corridor arrangement shall be considered in locating smoke detectors for maximum effectiveness.
(2) When more than one corridor detector is required for any building, the corridor detectors in that building shall be interconnected, and when activated shall sound an alarm throughout all corridors in the building.
(3) Smoke detectors shall be installed without a disconnecting switch other than that required for overcurrent protection.
(4) Smoke detectors shall be installed as described above no later than January 1, 1993.
(c) Smoke Detectors in Units:
(1) Detectors in Rooms: Each dwelling unit, hotel/motel sleeping room, and rooming unit shall have located within it smoke detectors that are:
(A) Battery operated; or
(B) Receive their primary power from the building wiring.
(2) Installation Deadline: Smoke detectors required by this subsection shall be installed within each unit no later than January 1, 1993.
(3) Power for Detectors in Condominium Buildings:
(A) Smoke detectors which receive their primary power from the building wiring shall be installed within each condominium dwelling unit in the building in accordance with subparagraph (c)(4)(A) of this section, no later than January 1, 1997.
(B) Apartment buildings converting to condominium ownership shall have smoke detectors which receive their primary power from the building wiring installed in accordance with subparagraph (c)(4)(A) of this section, within thirty days of conversion.
(4) Location of Smoke Detectors:
(A) Location Within Dwelling Units: Smoke detectors shall be located on the ceiling or on the walls of the unit as required by the manufacturer's listing and shall be audible from all sleeping rooms within the unit. Detectors installed within dwelling units under this paragraph need not be interconnected.
(B) Location Within Hotel/Motel Sleeping Rooms, Rooming Units, or Efficiency Dwelling Units: Detectors shall be located on the ceiling or wall as required by the manufacturer's listing within the bedrooms.
(5) Inspection and Record-Keeping for Non-Condominium Buildings: Inspections are required to be conducted by the property owner or agent as follows:
(A) Battery-powered smoke detectors shall be tested for proper function on a semiannual basis. Batteries shall be replaced once each year. A record-keeping log book shall be maintained by the owner or agent indicating location of detector, date and result of inspection, and date of battery installation.
(B) Smoke detectors which receive their primary power from the building wiring shall be checked for good operating condition once each year.
(6) Log Book Made Available for Inspection:
(A) The city manager may inspect the required log books at any reasonable time to ensure owner compliance. If the certificates or log books are maintained off the premises, they shall be made available at the premises at the time of a rental inspection or at any other time on reasonable notice.
(B) If the city manager determines that the log books for battery-powered smoke detectors have been falsified, not maintained or not made available at time of inspection, the manager may, in a correction notice to the owner or agent, require the installation of smoke detectors which receive their primary power from the building wiring. The operator and any affected person may appeal the manager's determination to the board of building and fire code appeals within thirty days in the same manner as appeals may be taken for a notice of violation.
(d) Exit Signs: Exit signs in common corridors shall be provided in buildings with more than one required exit. Letters on signs shall be in block letters, six inches in height, with a stroke of not less than three-quarters of an inch.
(e) Emergency Battery Pack Lighting: Every public space, hallway, stairway, and other means of egress shall be illuminated by means of emergency lighting in buildings with more than twelve dwelling units or greater than three stories in height. Dwelling units with a direct exit to the outside to grade or onto an unenclosed exit balcony leading directly to grade shall not be counted in determining the number of units under this subsection.
(f) Portable Fire Extinguisher: One portable fire extinguisher of a minimum size and rating of "2A-10BC" shall be provided in each common boiler and furnace room, and within each common kitchen used by the tenants.
(g) Common Corridors:
(1) Walls and Ceiling Construction: Interior public exit corridors serving five or more dwelling units shall have corridor walls free of holes or penetrations except for door openings. Ceilings shall be free of holes or penetrations other than those needed for existing lighting.
(2) Doors Within Corridors: Doors opening onto interior public exit corridors but not regulated by subsection (h) of this section shall have a fire protection rating of not less than twenty minutes or be a one-and-three-quarter-inch thick solid core door. Glazed openings in doors shall be of fixed wired glass supported on all sides. Doors shall be self-closing and equipped with self-latching devices for keeping doors tightly closed.
(3) Requirements: The requirements of this subsection do not apply to buildings protected throughout by an automatic sprinkler system, designed and installed in accordance with chapter 10-8, "Fire Prevention Code," B.R.C. 1981, or as provided in subsection (l) of this section.
(h) Vertical Openings, Construction, and Protection:
(1) Stair Shafts: Stair shafts and other openings extending vertically through floors shall be enclosed in a shaft of fire-resistive construction with at least a one hour rating. Such enclosure is not required for openings which serve only one adjacent floor and are not connected with openings serving other floors, or are within individual dwelling units.
(2) Opening Protection: Every opening into a shaft enclosure shall be protected by self-closing fire doors and assemblies having a fire protection rating of one hour.
(3) Requirements: The requirements of this subsection do not apply to buildings protected throughout by an automatic sprinkler system, designed and installed in accordance with chapter 10-8, "Fire Prevention Code," B.R.C. 1981, except when the vertical enclosure is already in existence as described above, the enclosure's fire rated integrity shall continue to be maintained as previously installed and approved, or as provided for in subsection (l) of this section.
(i) Hazardous Areas: Common boiler, furnace, and water heater rooms, laundries, and repair or maintenance shops shall comply with one of the following:
(1) Have a fire resistance rating of at least one hour, and openings shall be protected by self-closing and self-latching fire doors with a fire protection rating of at least three-quarters of an hour;
(2) Be protected by automatic sprinklers designed and installed in accordance with chapter 10-8, "Fire Prevention Code," B.R.C. 1981, or as provided for in subsection (l) of this section; or
(3) Have heat detectors whose rating does not exceed one hundred thirty-five degrees Fahrenheit installed within each such room above the appliance with the highest heating capacity, or if there is no heating appliance then centrally located within the room, interconnected to an audible alarm in every common corridor in the building. If no common corridor exists then the audible alarm shall be located in each unit abutting the hazardous area.
(j) Sprinkler Systems: Sprinkler systems, if provided or required to be provided by any provision of this code, shall be fully operational at all times. Such systems shall not be compromised, shut off or tampered with without first notifying, and receiving approval from, the city manager. Approval shall only be given for repairs, remodeling, testing, or maintenance, and then only for a reasonable period of time.
(k) Interior Finish: Wood, carpet, and materials of Class III flame-spread rating are prohibited as a covering on walls and ceilings of interior public corridors serving five or more dwelling units and vertical stair shafts serving these corridors. The requirements of this subsection do not apply if the building is protected throughout by an automatic sprinkler system, or as provided for in subsection (l) of this section, or capable of being protected by the application of intumescent covering material or finish.
(l) Exceptions: Buildings in the process of installing a sprinkler system at the time of a rental license inspection or within the term of the new rental licensing period need not comply with the provisions in subsections (a), (g), (h), (i), and (k) of this section, if the owner provides the city manager with a written statement that identifies the date of completion of the sprinkler system installation as being within the new license period. The city manager shall evaluate the reasonableness of the proposed date of completion of the sprinkler system installation based upon the size of the structure or complexity of proposed installation, and either approve the date proposed or specify an earlier date. A requirement of an earlier date of completion may be appealed to the board of appeals. Failure to have the sprinklers installed by the approved date, or the expiration of the rental license, whichever comes first, requires the owner to comply with the original correction notice within thirty days.
(m) Historic Structures: Individually landmarked structures and contributing structures in designated historic districts under chapter 10-13, "Historic Preservation," B.R.C. 1981, need not comply with subsections (g), (h) and (k) of this section if a sprinkler system complying with the coverage requirements of the International Building Code, as adopted in this title, has been installed throughout the building. But for individual dwelling or rooming units, such system need only provide coverage by a single sprinkler head placed immediately inside a door to such unit which exits into a common area. Nothing in this section permits a reduction in fire resistance in such structures, or reduces requirements found in other sections of this code.
(Ordinance Nos. 5494 (1992); 5798 (1996); 7189 (2002))
10-2-24 Manager May Record Notices With Clerk and Recorder.
(a) When the city manager finds that there is a violation of this chapter, the manager may record a notice to that effect with the Boulder County Clerk and Recorder against the title of the land upon which the dwelling is built. When the condition upon which the notice described in the record was based has been corrected, the manager, upon demand of an interested person, shall provide a written release.
(b) If the city manager determines, after inspection, notice of violation, and opportunity for appeal under this chapter, that a room in a dwelling does not meet the requirements of this chapter for a habitable room and that the location or design of the room might lead a reasonable person to believe that the room was habitable under this chapter, the manager may record a notice that such room is not habitable with the Boulder County Clerk and Recorder against the title of the land upon which the dwelling is built.
(Ordinance Nos. 5270 (1990); 7189 (2002))
10-2-25 Authority to Issue Rules.
The city manager may adopt reasonable rules to implement the provisions of this chapter.
(Ordinance Nos. 5270 (1990); 7189 (2002))
The penalty for violation of any provision of this chapter is a fine of $2,000.00 per violation, or incarceration for not more than ninety days in jail, or both such fine and incarceration.
(Ordinance Nos. 5494 (1992); 5798 (1996); 7189 (2002))
18 Adopted by Ordinance No. 4587. Amended by Ordinance No. 4623. Derived from Ordinance Nos. 3383, 3390, 3721, 3809, 3908.
19 Section 2-3-4, "Board of Building Appeals", B.R.C. 1981.
20 Chapter 10-10, "Plumbing Code," B.R.C. 1981.
21 Chapter 10-9, "Mechanical Code," B.R.C. 1981.
22 For rodent control, see chapter 6-5, "Rodent Control," B.R.C. 1981.
23 For rodent control, see chapter 6-5, "Rodent Control," B.R.C. 1981.