102

INTERNATIONAL PROPERTY MAINTENANCE CODE

Chapter 1:

Scope and Administration

General Comments

The law of building regulation is grounded on the police power of the state. This

power is the source of all authority to enact building regulations. In terms of how

it is used, police power is the power of the state to legislate for the general

welfare of its citizens. This power enables the passage of laws such as a

property maintenance code. It is from the police power delegated by the state

legislature that local governments are able to enact building regulations. If the

state legislature has limited this power in any way, the municipality may not

exceed these limitations. While the municipality may not further delegate its

police power (e.g., by delegating the burden of determining code compliance to

the building owner, contractor or architect), it may turn over the administration of

building regulations to a municipal official, such as a code official, provided that

he or she is given sufficient criteria to clearly establish the basis for decisions as

to whether or not a proposed building conforms to the code. Chapter 1 is largely

concerned with maintaining “due process of law” in enforcing the provisions

contained in the body of the code. Only through careful observation of the

administrative provisions can the code official reasonably hope to demonstrate

that “equal protection under the law” has been provided. While it is generally

assumed that the administrative and enforcement sections of a code are geared

toward the responsibilities of the code official, the provisions also establish the

rights and privileges of the design professional, contractor and building owner.

Purpose

Chapter 1 establishes the necessary legal basis for enforcement of the code by

the authority having jurisdiction. All of the police powers inherent in enforcing

minimum standards for the use and maintenance of buildings must follow the line

of authority, from the U.S. Constitution to the state to the actual enforcer. Chapter

1 defines the role and responsibilities of the authority having jurisdiction. To

protect all parties from an unfair enforcement action, this chapter also sets forth

the due process that requires corrective actions to be accomplished in a

constitutional manner. Police powers are not unlimited, and this chapter identifies

those limitations.

SECTION 101

GENERAL

*This section sets forth the scope and intent of the code as it applies to existing

structures.

101.1 Title. These regulations shall be known as the Charlotte County Property

Maintenance Code, hereinafter referred to as “this code.”

*The purpose of this section is to identify the adopted regulations by inserting the name

of the adopting jurisdiction into the code.

101.2 Scope. The provisions of this code shall apply to all existing residential

and nonresidential structures and all existing premises and constitute minimum

requirements and standards for premises, structures, equipment and facilities for

light, ventilation, space, heating, sanitation, protection from the elements, life

safety, safety from fire and other hazards, and for safe and sanitary

maintenance; the responsibility of owners, operators and occupants; the

occupancy of existing structures and premises, and for administration,

enforcement and penalties.

*This section establishes the broad purpose of the code—to protect the public health,

safety and welfare in both existing residential and nonresidential structures and on all

existing premises.

Four specific areas are addressed in greater detail in subsequent sections:

1. Establishing minimum maintenance standards for such elements as basic equipment,

light, ventilation, heating, sanitation and fire safety.

2. Fixing responsibility among owners, operators and occupants for following the code.

3. Regulating the use of existing structures and premises.

4. Providing for administration, enforcement and penalties.

These four categories provide communities with the tools to reduce risks created by

deteriorated or unsafe buildings and help communities upgrade and maintain

other existing structures.

101.3 Intent. This code shall be construed to secure its expressed intent, which

is to ensure public health, safety and welfare insofar as they are affected by the

continued occupancy and maintenance of structures and premises. Existing

structures and premises that do not comply with these provisions shall be altered

or repaired to provide a minimum level of health and safety as required herein.

*The code is intended to provide requirements addressing the public health, safety and

welfare as they relate to the use and maintenance of existing structures and premises.

The code requires existing structures and premises that are not in compliance with the

code to be altered or repaired to meet the code. The code requirements are intended to

represent the minimum acceptable level of public health and safety. As required in

Section 102.3, repairs and alterations need to comply with several International Codes®

(I-Codes®), including the International Building Code® (IBC®).

101.4 Severability. If a section, subsection, sentence, clause or phrase of this

code is, for any reason, held to be unconstitutional, such decision shall not affect

the validity of the remaining portions of this code.

*Only invalid sections of the code (as established by the court of jurisdiction) can be set

aside. This is essential to safeguard the application of the code text to situations

whereby a provision of the code is declared illegal or unconstitutional. This section would

preserve the legislative action that put the legal provisions in place.

SECTION 102

APPLICABILITY

*This section sets forth the administrative provisions for applying the code to various

conditions related to its application.

102.1 General. Where there is a conflict between a general requirement and a

specific requirement, the specific requirement shall govern. Where differences

occur between provisions of this code and the referenced standards, the

provisions of this code shall apply. Where, in a specific case, different sections

of this code specify different requirements, the most restrictive shall govern.

*The most restrictive requirement is to apply where there may be different requirements

in the code for a specific situation. In cases where the code establishes a specific

requirement for a certain condition, that requirement is applicable even if it is less

restrictive than a general requirement mentioned elsewhere in the code.

102.2 Maintenance. Equipment, systems, devices and safeguards required by

this code or a previous regulation or code under which the structure or premises

was constructed, altered or repaired shall be maintained in good working order.

No owner, operator or occupant shall cause any service, facility, equipment or

utility which is required under this section to be removed from or shut off from or

discontinued for any occupied dwelling, except for such temporary interruption as

necessary while repairs or alterations are in progress. The requirements of this

code are not intended to provide the basis for removal or abrogation of fire

protection and safety systems and devices in existing structures. Except as

otherwise specified herein, the owner or the owner’s designated agent shall be

responsible for the maintenance of buildings, structures and premises.

*This section contains general maintenance requirements. The code specifically

prohibits the disconnection of any required utilities for an occupied dwelling. This helps

to safeguard persons who have a physical condition and are dependent on these

systems. Some examples of this include: a person who has to have electricity to power a

kidney dialysis machine; a patient who is on an oxygen system full time; or someone

with particularly bad allergies who needs to have an air- conditioning system to help filter

the air. Any safety system that exists in a building must be maintained. A fire protection

or safety system is not to be removed from a building if it is required by the code or a

previous regulation or code that was in effect when the building was built. This section

also specifies that the owner or the owner’s agent is responsible for maintenance, not

the tenants of rental property.

102.3 Application of other codes. Repairs, additions or alterations to a

structure, or changes of occupancy, shall be done in accordance with the

procedures and provisions of the Florida Building Code as amended.

*Repairs, additions or alterations are to be done as required by the IBC, International

Fuel Gas Code® (IFGC®), International Mechanical Code® (IMC®) and NFPA 70.

Chapter 34 of the IBC contains provisions for repairs, alterations and additions, all of

which are not in the scope of this code. It is the intent of the code not to affect any of the

requirements in the International Zoning Code® IZC®).

102.4 Existing remedies. The provisions in this code shall not be construed to

abolish or impair existing remedies of the jurisdiction or its officers or agencies

relating to the removal or demolition of any structure which is dangerous, unsafe

and insanitary.

*Section 110 establishes one set of criteria and procedures that may be used to

demolish dangerous, unsafe or insanitary buildings. This section permits a jurisdiction to

continue to use any remedies already adopted for demolishing buildings. In essence, a

community may employ several procedures for removing dangerous buildings. It is

advisable that one procedure be chosen over another to avoid confusion and errors in

processing the demolition.

102.5 Workmanship. Repairs, maintenance work, alterations or installations

which are caused directly or indirectly by the enforcement of this code shall be

executed and installed in a workmanlike manner and installed in accordance with

the manufacturer’s installation instructions.

*All repairs, materials, alterations and installations must be executed in a skilled manner

that allows the performance intended and anticipated by the code to be achieved, and

must meet the criteria of the definition of “Workmanlike” in the code (see the definition of

“Workmanlike” in Chapter 2). Equipment needs to comply with the manufacturer’s

installation instructions for proper operation and safety.

102.6 Historic buildings. The provisions of this code shall not be mandatory for

existing buildings or structures designated as historic buildings when such

buildings or structures are judged by the code official to be safe and in the public

interest of health, safety and welfare.

*This section provides the code official with the widest flexibility in enforcing the code

when the building in question has historic value. This flexibility, however, is not provided

without conditions. The most important criterion for application of this section is that the

building must be specifically classified as being of historic significance by a qualified

party or agent. Usually this is done by a state or local authority after considerable

scrutiny of the historical value of the building. Most, if not all, states have such

authorities, as do many local jurisdictions. The agencies with such authority typically

exist at the state or local government level.

102.7 Referenced codes and standards. The codes and standards referenced

in this code shall be those that are listed in Chapter 8, the Florida Building Code

and the Florida Fire Prevention Code and considered part of the requirements of

this code to the prescribed extent of each such reference. Where differences

occur between provisions of this code, The Florida Building Code and the

referenced standards, the provisions of the Florida Building Code shall apply.

Exception: Where enforcement of a code provision would violate the conditions

of the listing of the equipment or appliance, the conditions of the listing shall

apply.

*A referenced standard or portion thereof is enforceable to the same extent as if the

content of the standard were included in the body of the code. For example, Section

604.2 references the NFPA 70 for sizing the electrical main service for a building. The

use and application of referenced standards are limited to those portions of the

standards that are specifically identified in the code. It is the intention of the code to be in

harmony with the referenced standards. If conflicts occur because of scope or purpose,

the code text governs. The exception recognizes the extremely unlikely but possible

occurrence of the code requiring or allowing something less restrictive or stringent than

the product listing or manufacturer’s instructions. If the code conflicts with or deviates

from the conditions of the listing, this may or may not mean that the code violated the

listing. For example, the listing for an appliance might allow a particular application of an

appliance that is expressly prohibited by the code. In this case, the code has not violated

the listing, but instead has simply limited the application allowed by the listing. The intent

is for the highest level of safety to prevail.

102.8 Requirements not covered by code. Requirements necessary for the

strength, stability or proper operation of an existing fixture, structure or

equipment, or for the public safety, health and general welfare, not specifically

covered by this code, shall be determined by the code official.

*Requirements necessary for the strength, stability or proper operation of an existing

fixture, structure or equipment, or for the public safety, health and general welfare not

specifically covered by this code shall be determined by the code official. Evolving

technology in our society will inevitably result in a situation or circumstance in which the

code is comparatively silent on an identified hazard. The reasonable application of the

code to any hazardous, unforeseen condition is provided for in this section. Clearly such

a section is needed as well as the code official’s judicious and reasonable application.

The purpose of the section, however, is not to impose requirements that may be

preferred over explicit code requirements. Additionally, the section can be utilized to

implement the general performance-oriented language of the code to specific

enforcement situations.

102.9 Application of references. References to chapter or section numbers, or

to provisions not specifically identified by number, shall be construed to refer to

such chapter, section or provision of this code.

*In a situation where the code may make reference to a chapter or section number or to

another code provision without specifically identifying its location in the code, assume

that the referenced section, chapter or provision is in the code and not in a referenced

code or standard.

102.10 Other laws. The provisions of this code shall not be deemed to nullify

any provisions of local, state or federal law.

*In some cases, other laws enacted by the jurisdiction or the state or federal government

may be applicable to a condition that is also governed by a requirement in the code. In

such circumstances, the requirements of the code are in addition to the other law that is

still in effect, although the code official may not be responsible for its enforcement.

PART 2—ADMINISTRATION AND ENFORCEMENT

SECTION 104

DUTIES AND POWERS OF THE CODE OFFICIAL

104.1 General. The code official is hereby authorized and directed to enforce the

provisions of this code. The code official shall have the authority to render

interpretations of this code and to adopt policies and procedures in order to

clarify the application of its provisions. Such interpretations, policies and

procedures shall be in compliance with the intent and purpose of this code. Such

policies and procedures shall not have the effect of waiving requirements

specifically provided for in this code.

*The duty of the code official is to enforce the code. Because the code official must

respond to those who question the requirements of the code related to this responsibility,

except as specifically exempted by statutory requirements or elsewhere in the code, he

or she is the “authority having jurisdiction” for all matters relating to the code and its

enforcement. It is the duty of the code official both to interpret and to determine

compliance with the code. Code compliance will not always be easy to determine and

will require the judgment and expertise of the code official. In exercising this authority,

however, the code official cannot set aside or ignore any provision of the code.

104.2 Inspections. The code official shall make all of the required inspections, or

shall accept reports of inspection by approved agencies or individuals. All reports

of such inspections shall be in writing and be certified by a responsible officer

of such approved agency or by the responsible individual. The code official is

authorized to engage such expert opinion as deemed necessary to report upon

unusual technical issues that arise, subject to the approval of the appointing

authority.

*The code official or designee is required to make the necessary inspections to

determine compliance with the code, or may accept written reports of inspections by an

approved agency. The inspection of the work in progress or that is already accomplished

is another significant element in determining code compliance. While a department does

not have the resources to inspect every aspect of all work, the required inspections are

those that are dictated by administrative rules and procedures based on many

parameters, including available inspection resources. In order to expand the available

resources, the code official may approve an inspection agency that, in his or her opinion,

possesses the proper qualifications to perform the inspections. When unusual or

complex technical issues arise relative to inspections, the code official has the authority

to seek the opinion and advice of experts. A technical report from an expert requested

by the code official can be used to assist in the approval process.

104.4 Identification. The code official shall carry proper identification when

inspecting structures or premises in the performance of duties under this code.

*This section requires the code official (including by definition all authorized

representatives) to carry identification in the course of conducting the duties of the

position. The identification removes any question as to the purpose and authority of the

inspector.

104.5 Notices and orders. The code official shall issue all necessary notices or

orders to ensure compliance with this code.

*An important element of code enforcement is the necessary advisement of deficiencies,

which is accomplished through notices and orders. The code official is required to issue

orders to abate illegal or unsafe conditions. Section 107 contains additional information

for these notices.

104.6 Department records. The code official shall keep official records of all

business and activities of the department specified in the provisions of this code.

Such records shall be retained in the official records for the period required for

retention of public records.

*In keeping with the need for an efficiently conducted business practice, the code official

must keep official records pertaining to fees collected, inspections, notices and orders

issued. Such documentation provides a valuable source of information if questions arise

throughout the life of the building and its occupancy regarding outstanding preexisting

code violations or conditions.

SECTION 105

APPROVAL

105.1 Modifications. Whenever there are practical difficulties involved in

carrying out the provisions of this code, the code official shall have the authority

to grant modifications for individual cases upon application of the owner or

owner’s representative, provided the code official shall first find that special

individual reason makes the strict letter of this code impractical and the

modification is in compliance with the intent and purpose of this code and that

such modification does not lessen health, life and fire safety requirements. The

details of action granting modifications shall be recorded and entered in the

department files.

*The code official may amend or make exceptions to the code as needed where strict

compliance is impractical. Only the code official has the authority to grant modifications.

Consideration of a particular difficulty is to be based on the application of the owner and

a demonstration that the intent of the code is accomplished. This section is not intended

to permit setting aside or ignoring a code provision; rather, it is intended to provide for

the acceptance of equivalent protection. For example, a code official might decide to

accept the installation of a sprinkler system throughout the building instead of upgrading

certain walls to have a fire-resistance rating. The modification of requirements would be

based on the equivalent protection of the sprinkler system to the upgraded walls. Such

modifications do not, however, extend to actions that are necessary to correct violations

of the code. In other words, a code violation or the expense of correcting one cannot

constitute a practical difficulty. Filing the details of a modification action is necessary if

the reasons for the modification are subject to review. Comprehensive written records

are an essential part of an effective administrative system. Unless clearly written records

of the considerations and documentation utilized in the modification process are created

and maintained, subsequent enforcement action will be difficult to support and will be

inconsistent.

105.2 Alternative materials, methods and equipment. The provisions of this

code are not intended to prevent the installation of any material or to prohibit any

method of construction not specifically prescribed by this code, provided that any

such alternative has been approved. An alternative material or method of

construction shall be approved where the code official finds that the proposed

design is satisfactory and complies with the intent of the provisions of this code,

and that the material, method or work offered is, for the purpose intended, at

least the equivalent of that prescribed in this code in quality, strength,

effectiveness, fire resistance, durability and safety.

*The code is not intended to inhibit innovative ideas or technological advances. A

comprehensive regulatory document cannot envision and then address all future

innovations in the industry. As a result, the code must be applicable to and provide a

basis for the approval of an increasing number of newly developed, innovative materials,

systems and methods for which no code text or referenced standards yet exist. The fact

that a material, product or method of construction is not specifically described in the

code is not an indication that its use is intended to be prohibited. The code official is

expected to apply sound technical judgment in accepting materials, systems or methods

that, while not anticipated by the drafters of the current code text, can be demonstrated

to offer equivalent performance. The code official is responsible for determining if a

requested alternative provides the equivalent level of protection of the public health,

safety and welfare as required by the code.

105.3 Required testing. Whenever there is insufficient evidence of compliance

with the provisions of this code, or evidence that a material or method does not

conform to the requirements of this code, or in order to substantiate claims for

alternative materials or methods, the code official shall have the authority to

require tests to be made as evidence of compliance at no expense to the

jurisdiction.

*To provide the basis on which the code official can make a decision regarding an

alternative material or type of equipment, sufficient technical data, test reports and

documentation must be provided for evaluation by the code official. If evidence

satisfactory to the code official proves that the alternative equipment, material or

construction method is equivalent to that required by the code, he or she is obligated to

approve it. Any such approval cannot have the effect of waiving any requirements of the

code. The burden of proof of equivalence lies with the applicant that proposes the use of

alternative equipment, materials or methods.

105.3.1 Test methods. Test methods shall be as specified in this code or by

other recognized test standards. In the absence of recognized and accepted test

methods, the code official shall be permitted to approve appropriate testing

procedures performed by an approved agency.

*The code official must require the submission of any appropriate information and data

to assist in the determination of equivalency. This information must be submitted before

a permit will be issued. The type of information required includes test data in accordance

with the referenced standards, evidence of compliance with the referenced standard

specifications and design calculations. If no test standard is available, the owner or

owner’s agent is to propose the test procedures and submit them to the code official for

review and approval. A research report issued by an authoritative agency, such as ICC

Evaluation Service (ICCES), is particularly useful in providing the code official with the

technical basis for evaluation and approval of new and innovative plumbing materials

and components, for example. The use of authoritative research reports can greatly

assist the code official by reducing the time-consuming engineering analysis necessary

to review materials and products. Failure to adequately substantiate a request for the

use of an alternative is a valid reason for the code official to deny a request.

105.3.2 Test reports. Reports of tests shall be retained by the code official for

the period required for retention of public records.

*The testing agency must be approved by the code official. The testing agency should

have technical expertise, test equipment and quality assurance to properly conduct and

report the necessary testing.

105.4 Used material and equipment. The use of used materials which meet the

requirements of this code for new materials is permitted. Materials, equipment

and devices shall not be reused unless such elements are in good repair or have

been reconditioned and tested when necessary, placed in good and proper

working condition and approved by the code official.

*The code criteria for materials and equipment have changed over the years. Evaluation

of testing and materials technology has facilitated the development of new criteria that

the old materials may not satisfy. As a result, used materials are required to be

evaluated in the same manner as new materials. Used (previously installed) equipment

must be equivalent to that required by the code if it is to be used again in a new

installation.

SECTION 106

VIOLATIONS

106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in

conflict with or in violation of any of the provisions of this code.

*Violations of the code are prohibited. This is the basis for all citations and correction

notices with regard to code violations.

106.2 Notice of violation. The code official shall serve a notice of violation or

order in accordance with Section 107.

*The code official is required to notify the person responsible for violating the code. The

section that is allegedly being violated must be cited so that the responsible party can

respond to the notice.

106.3 Prosecution of violation. Any person failing to comply with a notice of

violation or order served in accordance with Section 107 shall be prosecuted in

accordance with Chapter 162, Florida Statutes or by any other method allowed

by Florida Statutes and the Code of laws and Ordinances of Charlotte County

Florida.

*This section classifies a violation as a “strict liability offense,” which is defined in Section

202; thus, it is not required to prove that the person intended to violate the code or was

negligent in doing so. All that is required for conviction is that the notice of violation for

correction was properly served and that the person failed to comply. This aids

jurisdictions in prosecuting code violators. The code official must pursue, through the

use of legal counsel of the jurisdiction, legal means to correct the violation. Any

extensions of time for the violations to be voluntarily corrected must be for a reasonable,

bona fide cause or the code official may be subject to criticism for “arbitrary and

capricious” actions. In general, it is better to have a standard time limitation for correction

of violations. Departures from this standard must be for a clear and reasonable purpose,

usually stated in writing by the violator. The code provides a mechanism for the

municipality to recover costs expended on a property to be recovered through placing a

lien on the property. For example, if an unimproved lot had to be mown throughout the

summer growing season, the cost of the mowing could be recovered through a lien on

the property.

106.4 Violation penalties. Any person who shall violate a provision of this code,

or fail to comply therewith, or with any of the requirements thereof, shall be

prosecuted within the limits provided by state or local laws. Each day that a

violation continues after due notice has been served shall be deemed a separate

offense.

*An adopting jurisdiction is permitted to assess penalties for violations of the code. The

penalties include monetary fines, as well as possible imprisonment. The severity of the

fine or penalty is left for the jurisdiction to establish. The local jurisdiction, through its

council and attorney or other administrative authority, will normally designate the range

for the dollar amount of fines; however, the judge will determine the actual fine. This

encourages support and agreement from all parties when enforcement action is taken.

Fines should be large enough to discourage noncompliance with the code, but not so

large as to be inappropriate for the violation being charged. Each day a violation

continues unabated after proper notice has been served is to be deemed a separate

offense and may be charged as such. In general, it is better to cite violations daily. This

action may expedite a court hearing or cause the owner to correct the violations rather

than risk exorbitant fines or imprisonment. Whether or not to cite violations on a daily

basis is a policy decision and should be made in cooperation with the attorney who will

prosecute the cases.

106.5 Abatement of violation. The imposition of the penalties herein prescribed

shall not preclude the legal officer of the jurisdiction from instituting appropriate

action to restrain, correct or abate a violation, or to prevent illegal occupancy of a

building, structure or premises, or to stop an illegal act, conduct, business or

utilization of the building, structure or premises.

*Despite the assessment of a penalty in the form of a fine or imprisonment against a

violator, the violation itself must still be corrected. Failure to make the necessary

corrections will result in the violator being subject to additional penalties as described in

the preceding section.

SECTION 107

NOTICES AND ORDERS

107.1 Notice to person responsible. Whenever the code official determines

that there has been a violation of this code or has grounds to believe that a

violation has occurred, notice shall be given in the manner prescribed in Sections

107.2 and 107.3 to the person responsible for the violation as specified in this

code. Notices for condemnation procedures shall also comply with Section 108.3.

*Written notice must be given to the person responsible for the property (i.e., occupant)

when the code official observes a violation of the code. When a property is condemned,

the person responsible for the property must be informed of the intent to placard and

vacate the structure. The person responsible must be notified when a building is

placarded. This is important because both the person responsible and the owner can be

charged with a violation of the code if they fail to vacate the structure. It is also important

for the code official to keep copies of all written notices issued. If the person responsible

for the property or occupants fail to abide by a verbal order, the code official needs

something more substantial to pursue enforcement action. If further enforcement

procedures are warranted, the code official will need a complete chronologically written

documentation of all notices and orders that have been issued.

107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with

all of the following and Chapter 162, Florida Statutes:

1. Be in writing.

2. Include a description of the real estate sufficient for identification.

3. Include a statement of the violation or violations and why the notice is being

issued.

4. Include a correction order allowing a reasonable time to make the repairs and

improvements required to bring the dwelling unit or structure into compliance with

the provisions of this code.

5. Inform the property owner of the right to appeal.

6. Include a statement of the right to file a lien in accordance with Section 106.3.

*The notice required by Section 107.1 must:

Be in writing. A verbal notice is unreliable.

Clearly identify the property. The address of the property is sufficient when it is

readily available. The legal description may be necessary when the address for

the property is missing or if the land is vacant and lacks an address.

State why the notice is being issued, and identify what part of the code is

being violated.

Include a correction order, and state what repairs need to be made to bring the

property back into compliance with the code.

Allow a reasonable time for compliance. This is subjective. A reasonable time

must not only include adequate time to allow owners to make repairs, but must

also address the risk to the occupants and the public. As an example, if a portion

of a building is collapsing, the owner may believe that a reasonable time to

correct the damage should be several weeks or even months; however, a

collapsing wall creates an immediate danger to the public. The code official

should require completion of all repairs within a few days or, in extreme cases, in

a matter of hours.

Provide the person responsible for the property with a notice of his or her right to

seek modification or withdrawal of the order by appealing to a board of appeals

according to Section 111.

Inform the person responsible for the property of his or her authority to file a lien

upon such real estate that any action has been taken pursuant

to Section 106.3.

107.3 Method of service. Such notice shall be deemed to be properly served if

made in accordance with Chapter 162, Florida Statutes. The failure of any

person to receive notice, other than the fee owner, shall not invalidate any

proceedings under this code.

*Proper service of all notices is crucial. Improper or inadequate service may make it

impossible to pursue enforcement satisfactorily. Proper service must be in accordance

with Florida Statute 162.12.

107.4 Unauthorized tampering. Signs, tags or seals posted or affixed by the

code official shall not be mutilated, destroyed or tampered with, or removed

without authorization from the code official.

*This section states that tampering with signs, seals or tags posted at the property is a

violation of the code. The safety of the occupants may depend on the warning signs

posted by the code official remaining in place.

107.5 Penalties. Penalties for noncompliance with orders and notices shall be as

set forth in Chapter 162, Florida Statutes and the Code of Laws and ordinances

of Charlotte County, Florida.

*Charlotte County follows the penalties as allowed by FS 162 and the County Code.

107.6 Transfer of ownership. It shall be unlawful for the owner of any dwelling

unit or structure who has received a compliance order or upon whom a notice of

violation has been served to sell, transfer, mortgage, lease or otherwise dispose

of such dwelling unit or structure to another until the provisions of the compliance

order or notice of violation have been complied with, or until such owner shall first

furnish the grantee, transferee, mortgagee or lessee a true copy of any

compliance order or notice of violation issued by the code official and shall

furnish to the code official a signed and notarized statement from the grantee,

transferee, mortgagee or lessee, acknowledging the receipt of such compliance

order or notice of violation and fully accepting the responsibility without condition

for making the corrections or repairs required by such compliance order or notice

of violation.

*When a property has a pending violation order, it is unlawful for an owner to sell,

transfer, mortgage, lease or otherwise dispose of the property without either following

the order or advising the buyer, mortgagee, etc., of the pending violation. The owner

must prove that the buyer has received notice of pending violations by providing the

code official with a signed, notarized receipt from the new transferee. Determining who is

the current owner of a building is a frustrating and difficult activity. To evade code

enforcement action, owners will frequently transfer ownership of their property. This

provision of the code permits the code official to cite the seller if he or she did not

provide the code official with the required notification when the property was transferred;

thus, even though the seller may avoid complying with the outstanding violation orders,

he or she can still be charged with a violation for failing to provide proof that the

transferee was aware of the pending orders.

SECTION 108

UNSAFE STRUCTURES AND EQUIPMENT

108.1 General. When a structure or equipment is found by the code official to be

unsafe, or when a structure is found unfit for human occupancy, or is found

unlawful, such structure shall be condemned pursuant to the provisions of this

code.

*This section provides a brief description of conditions where the code official is given

the authority to condemn an existing structure or equipment. Where a structure or

equipment is “unlawful,” as described in the text of this section, that structure or

equipment does not comply with the requirements of the code. The deficiencies are such

that an unsafe condition or a condition that is unfit for human occupancy exists.

108.1.1 Unsafe structures. An unsafe structure is one that is found to be

dangerous to the life, health, property or safety of the public or the occupants of

the structure by not providing minimum safeguards to protect or warn occupants

in the event of fire, or because such structure contains unsafe equipment or is so

damaged, decayed, dilapidated, structurally unsafe or of such faulty construction

or unstable foundation, that partial or complete collapse is possible.

*Any building that endangers life, health, safety or property is unsafe. A building is

considered dangerous if it meets one or more of the following conditions:

It lacks adequate protection from fire;

It contains unsafe equipment; or

All or part of the building is likely to collapse. Only structures with major defects

or life-threatening conditions are considered unsafe. Minor defects, such as an

inadequate number of electrical outlets or damaged plaster, do not necessarily

create an unsafe structure, even though they are violations of the code.

108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating

equipment, elevator, moving stairway, electrical wiring or device, flammable

liquid containers or other equipment on the premises or within the structure which

is in such disrepair or condition that such equipment is a hazard to life, health,

property or safety of the public or occupants of the premises or structure.

*Equipment may become unsafe when it is a hazard to life, health, property or safety.

The judgment of the code official is critical in determining when equipment should be

deemed unsafe. If uncertain about appropriate enforcement action, he or she should

seek additional expertise and advice and, if necessary, err on the side of safety.

108.1.3 Structure unfit for human occupancy. A structure is unfit for human

occupancy whenever the code official finds that such structure is unsafe,

unlawful or, because of the degree to which the structure is in disrepair or lacks

maintenance, is insanitary, vermin or rat infested, contains filth and

contamination, or lacks ventilation, illumination, sanitary or heating facilities or

other essential equipment required by this code, or because the location of the

structure constitutes a hazard to the occupants of the structure or to the public.

*The following conditions are reasons for declaring a building unfit for occupancy:

unsafe; unlawful; lacks maintenance to a serious degree; disrepair; insanitary; vermin or

rat infested; contains filth; lacks essential equipment and its location is hazardous to the

occupants or the public. The list of reasons for declaring a structure unfit requires

subjective judgement. Because the consequences of declaring a structure unfit for

occupancy are severe, the code official should carefully and thoroughly document all

conditions that contributed to that determination.

108.1.4 Unlawful structure. An unlawful structure is one found in whole or in

part to be occupied by more persons than permitted under this code, or was

erected, altered or occupied contrary to law.

*An unlawful structure is one that has serious deficiencies such that an unsafe condition

or a condition that is unfit for human occupancy exists. An unlawful structure does not

mean one where there are criminal activities.

108.1.5 Dangerous structure or premises. For the purpose of this code, any

structure or premises that has any or all of the conditions or defects described

below shall be considered dangerous:

1. Any door, aisle, passageway, stairway, exit or other means of egress that does

not conform to the approved building or fire code of the jurisdiction as related to

the requirements for existing buildings.

2. The walking surface of any aisle, passageway, stairway, exit or other means of

egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe

and adequate means of egress.

3. Any portion of a building, structure or appurtenance that has been damaged by

fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or

by any other cause to such an extent that it is likely to partially or completely

collapse, or to become detached or dislodged.

4. Any portion of a building, or any member, appurtenance or ornamentation on

the exterior thereof that is not of sufficient strength or stability, or is not so

anchored, attached or fastened in place so as to be capable of resisting natural

or artificial loads of one and one half the original designed value.

5. The building or structure, or part of the building or structure, because of

dilapidation, deterioration, decay, faulty construction, the removal or movement

of some portion of the ground necessary for the support, or for any other reason,

is likely to partially or completely collapse, or some portion of the foundation or

underpinning of the building or structure is likely to fail or give way.

6. The building or structure, or any portion thereof, is clearly unsafe for its use

and occupancy.

7. The building or structure is neglected, damaged, dilapidated, unsecured or

abandoned so as to become an attractive nuisance to children who might play in

the building or structure to their danger, becomes a harbor for vagrants, criminals

or immoral persons, or enables persons to resort to the building or structure for

committing a nuisance or an unlawful act.

8. Any building or structure has been constructed, exists or is maintained in

violation of any specific requirement or prohibition applicable to such building or

structure provided by the approved building or fire code of the jurisdiction, or of

any law or ordinance to such an extent as to present either a substantial risk of

fire, building collapse or any other threat to life and safety.

9. A building or structure, used or intended to be used for dwelling purposes,

because of inadequate maintenance, dilapidation, decay, damage, faulty

construction or arrangement, inadequate light, ventilation, mechanical or

plumbing system, or otherwise, is determined by the code official to be

unsanitary, unfit for human habitation or in such a condition that is likely to cause

sickness or disease.

10. Any building or structure, because of a lack of sufficient or proper fire-

resistance-rated construction, fire protection systems, electrical system, fuel

connections, mechanical system, plumbing system or other cause, is determined

by the code official to be a threat to life or health.

11. Any portion of a building remains on a site after the demolition or destruction

of the building or structure or whenever any building or structure is abandoned so

as to constitute such building or portion thereof as an attractive nuisance or

hazard to the public.

*This specific section contains a general listing of conditions that establish a baseline to

compare or evaluate a structure against to determine if the present condition of a

building or structure is in a dangerous condition. The purpose of this section is to allow a

code official to cite specific conditions under which he or she finds a structure to be

dangerous. The list of conditions focuses on adequacy of the means of egress,

structural, fire resistance, fire protection, plumbing and ventilation systems.

108.2 Closing of vacant structures. If the structure is vacant and unfit for

human habitation and occupancy, and is not in danger of structural collapse, the

code official is authorized to post a placard of condemnation on the premises and

order the structure closed up so as not to be an attractive nuisance. Upon failure

of the owner to close up the premises within the time specified in the order, the

code official shall cause the premises to be closed and secured through any

available public agency or by contract or arrangement by private persons and the

cost thereof shall be charged against the real estate upon which the structure is

located and shall be a lien upon such real estate and may be collected by any

other legal resource.

*Code officials are granted the authority to condemn, placard and vacate any building

that they determine to be unsafe, unlawful or unfit for occupancy. Also, code officials

may remove unsafe equipment from use. No one is permitted to reoccupy or reuse any

building or equipment until the code official has given his or her approval. Unsafe

structures, unsafe equipment, buildings that are unfit for human occupancy and unlawful

structures are further defined in subsequent sections. The ability to condemn and vacate

structures is a powerful enforcement tool. It protects occupants from danger and

prevents owners from collecting income on their properties. Before condemning or

vacating structures, the code official should establish a clearly defined list of violations

that warrant such actions. Additionally, it is critical to document all of the violations found

in each building to be condemned. When practical, photographs should be taken of

violations. Should litigation become necessary, photographs provide documents that

have a powerful impact. Open, vacant buildings are an attractive nuisance to children, a

potential fire hazard, a harborage for rodents and insects and a potential home for

vagrants. Vacant buildings also create a blighting influence within a community. The

code official is authorized to condemn as unfit those buildings that are vacant and open

to trespass but not in danger of collapse. When the owner has been ordered to secure

an open building but fails to do so, the code official must secure the structure by

contracting with a public or private agent to close up the building. The costs for closing

buildings are to be charged to the property in the form of a lien. Generally, once a lien

has been filed against a property, it must be satisfied before the property can be sold.

This section authorizes collection by any other legal resource. It also allows collection by

additional methods such as small claims judgments, collection agency actions and

personal liens. This enhances the chances of cost recovery.

108.2.1 Authority to disconnect service utilities. The code official shall have

the authority to authorize disconnection of utility service to the building, structure

or system regulated by this code and the referenced codes and standards set

forth in Section 102.7 in case of emergency where necessary to eliminate an

immediate hazard to life or property or when such utility connection has been

made without approval. The code official shall notify the serving utility and,

whenever possible, the owner and occupant of the building, structure or service

system of the decision to disconnect prior to taking such action. If not notified

prior to disconnection the owner or occupant of the building structure or service

system shall be notified in writing as soon as practical thereafter.

*Disconnecting a service utility from the energy supply is the most radical method of

hazard abatement available to the code official and should be reserved for cases in

which all other lesser remedies have proven ineffective. Such an action must be

preceded by a written notice to the owner and any occupants of the building being

ordered to disconnect. Disconnection must be accomplished within the timeframe

established by the code official in the written notification. When the hazard to the public

health and welfare is so imminent as to mandate immediate disconnection, the code

official has the authority and even the obligation to cause disconnection without notice.

108.3 Notice. Whenever the code official has condemned a structure or

equipment under the provisions of this section, notice shall be posted in a

conspicuous place in or about the structure affected by such notice and served

on the owner or the person or persons responsible for the structure or equipment

in accordance with Section 107.3. If the notice pertains to equipment, it shall also

be placed on the condemned equipment. The notice shall be in the form

prescribed in Section 107.2.

*The condemnation notice is required to be posted at the structure, and the owner or

responsible person in charge is to be served notice in accordance with the procedure in

Section 107.3, in the form prescribed in Section 107.2. If the notice also includes

condemned equipment, the notice must also be placed on that equipment.

108.4 Placarding. Upon failure of the owner or person responsible to comply

with the notice provisions within the time given, the code official shall post on the

premises or on defective equipment a placard bearing the word “Condemned”

and a statement of the penalties provided for occupying the premises, operating

the equipment or removing the placard.

*If the owner fails to comply with the notice, a placard indicating that the structure is

condemned as unfit for human occupancy or use should be posted on the property or

equipment. This placard should also show the penalty for illegal occupancy of the

building or equipment, and for removing the placard. Immediate enforcement action

should be pursued when there is an illegal occupancy of a condemned building or

equipment. The credibility of the code enforcement program is dependent upon the

public’s belief that the code will be adequately enforced. Any owner or other person

responsible for complying with a correction order who has failed to comply, must vacate

the property immediately after the time for correction has passed. All occupants should

be given reasonable time to find other accommodations.

108.4.1 Placard removal. The code official shall remove the condemnation

placard whenever the defect or defects upon which the condemnation and

placarding action were based have been eliminated. Any person who defaces or

removes a condemnation placard without the approval of the code official shall

be subject to the penalties provided by this code.

*Only the code official is authorized to remove a condemnation placard. The code official

is to remove the placard only when the defect or defects have been corrected as

required by the code. Any other person who removes or defaces a placard is in violation

of the code and subject to its penalties.

108.5 Prohibited occupancy. Any occupied structure condemned and

placarded by the code official shall be vacated as ordered by the code official.

Any person who shall occupy a placarded premises or shall operate placarded

equipment, and any owner or any person responsible for the premises who shall

let anyone occupy a placarded premises or operate placarded equipment shall

be liable for the penalties provided by this code.

*It is important that any unsafe structure be vacated to help prevent possible injury to or

death of its occupants. The code official has the authority to require a condemned

building to be vacated. Anyone who continues to occupy a placarded building or

equipment and any owner who permits another to occupy a placarded building or

equipment are subject to the penalties provided by the code.

108.6 Abatement methods. The owner, operator or occupant of a building,

premises or equipment deemed unsafe by the code official shall abate or cause

to be abated or corrected such unsafe conditions either by repair, rehabilitation,

demolition or other approved corrective action.

*This section describes the usual circumstance in which a building has such critical

violations that it is declared unsafe by the code official. The owner, operator or occupant

should take abatement measures to correct the unsafe condition. If this is not done

promptly, the code official has the authority to directly abate the unsafe conditions and

bill the owner for the abatement work in accordance with this code.

108.7 Record. The code official shall cause a report to be recorded in the Official

Records of Charlotte County on the unsafe condition. The report shall state the

occupancy of the structure and the nature of the unsafe condition.

*The code official must file a report on each investigation of unsafe conditions, stating

the occupancy of the structure and the nature of the unsafe condition.

SECTION 109

EMERGENCY MEASURES

109.1 Imminent danger. When, in the opinion of the code official, there is

imminent danger of failure or collapse of a building or structure which endangers

life, or when any structure or part of a structure has fallen and life is endangered

by the occupation of the structure, or when there is actual or potential danger

to the building occupants or those in the proximity of any structure because of

explosives, explosive fumes or vapors or the presence of toxic fumes, gases or

materials, or operation of defective or dangerous equipment, the code official is

hereby authorized and empowered to order and require the occupants to vacate

the premises forthwith. The code official shall cause to be posted at each

entrance to such structure a notice reading as follows: “This Structure Is Unsafe

and Its Occupancy Has Been Prohibited by the Code Official.” It shall be unlawful

for any person to enter such structure except for the purpose of securing the

structure, making the required repairs, removing the hazardous condition or of

demolishing the same.

*If the code official has determined that failure or collapse of a building or structure is

imminent, failure has occurred that results in a continued threat to the remaining

structure or adjacent properties or if any other unsafe condition as described in this

section exists in a structure, he or she is authorized to require the occupants to vacate

the premises and to post such buildings or structures as unsafe and not occupiable.

Unless authorized by the code official to make repairs, secure or demolish the structure,

it is illegal for anyone to enter the building or structure. This will minimize the potential for

injury.

109.2 Temporary safeguards. Notwithstanding other provisions of this code,

whenever, in the opinion of the code official, there is imminent danger due to an

unsafe condition, the code official shall order the necessary work to be done,

including the boarding up of openings, to render such structure temporarily

safe whether or not the legal procedure herein described has been instituted; and

shall cause such other action to be taken as the code official deems necessary to

meet such emergency.

*This section recognizes the need for immediate and effective action in order to protect

the public. This section empowers the code official to cause the necessary work to be

done to temporarily minimize the imminent danger without regard for due process. This

section has to be viewed critically insofar as the danger of structural failure must be

“imminent”; that is, readily apparent and immediate.

109.3 Closing streets. When necessary for public safety, the code official shall

temporarily close structures and close, or order the authority having jurisdiction to

close, sidewalks, streets, public ways and places adjacent to unsafe structures,

and prohibit the same from being utilized.

*The code official is authorized to temporarily close sidewalks, streets and adjacent

structures as needed to provide for the public safety from the unsafe building or structure

when an imminent danger exists. Since the code official may not have the direct

authority to close sidewalks, streets and other public ways, the agency having such

jurisdiction (e.g., the police or highway department) must be notified.

109.4 Emergency repairs. For the purposes of this section, the code official

shall employ the necessary labor and materials to perform the required work as

expeditiously as possible.

*The cost of emergency work may have to be initially paid for by the jurisdiction. The

important principle here is that the code official must act immediately to protect the

public when warranted, leaving the details of costs and owner notification for later.

109.5 Costs of emergency repairs. Costs incurred in the performance of

emergency work shall be paid by the jurisdiction. The legal counsel of the

jurisdiction shall institute appropriate action against the owner of the premises

where the unsafe structure is or was located for the recovery of such costs.

*The cost of emergency repairs is to be paid by the jurisdiction, with subsequent legal

action against the owner to recover such costs. This does not preclude, however,

reaching an alternative agreement with the owner.

109.6 Hearing. Any person ordered to take emergency measures shall comply

with such order forthwith. Any affected person shall thereafter, upon petition

directed to the appeals board, be afforded a hearing as described in this code.

*Anyone ordered to take an emergency measure or to vacate a structure because of an

emergency condition must do so immediately. Thereafter, any affected party has the

right to appeal the action to the appeals board to determine whether the order should be

continued, modified or revoked. It is imperative that appeals to an emergency order

occur after the hazard has been abated, rather than before, to minimize the risk to the

occupants, employees, clients and the public.

SECTION 110

DEMOLITION

110.1 General. The code official shall order the owner of any premises upon

which is located any structure, which in the code official judgment after review is

so deteriorated or dilapidated or has become so out of repair as to be dangerous,

unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such

that it is unreasonable to repair the structure, to demolish and remove such

structure; or if such structure is capable of being made safe by repairs, to repair

and make safe and sanitary, or to board up and hold for future repair or to

demolish and remove at the owner’s option; or where there has been a cessation

of normal construction in accordance with the Florida Building Code, the code

official shall order the owner to demolish and remove such structure, or board up

until future repair. Boarding the building up for future repair shall not extend

beyond one year, unless approved by the building official.

*This section describes the conditions where the code official has the authority to order

the owner to remove the structure. Conditions where the code official may give the

owner the option of repairing the structure or boarding the structure for future repair are

also in this section. The code official should carefully document the condition of the

structure prior to issuing a demolition order to provide an adequate basis for ordering the

owner to remove the structure. Note that Appendix A contains boarding provisions, but

needs to be specifically referenced in the adopting ordinance of the jurisdiction to be

mandatory.

110.2 Notices and orders. All notices and orders shall comply with Section 107.

*Before the code official can pursue action to demolish a building in accordance with

Section 110.1 or 110.3, it is imperative that all owners and any other persons with a

recorded encumbrance on the property be given proper notice of the demolition plans

(see Section 107 for notice and order requirements).

110.3 Failure to comply. If the owner of a premises fails to comply with a

demolition order within the time prescribed, the code official shall cause the

structure to be demolished and removed, either through an available public

agency or by contract or arrangement with private persons, and the cost of such

demolition and removal shall be charged against the real estate upon which the

structure is located and shall be a lien upon such real estate.

*When the owner fails to comply with a demolition order, the code official is authorized to

take action to have the building razed and removed. The costs are to be charged as a

lien against the real estate. To reduce complaints regarding the validity of demolition

costs, the code official will obtain competitive bids from several demolition contractors

before authorizing any contractor to raze the structure.

110.4 Salvage materials. When any structure has been ordered demolished and

removed, the governing body or other designated officer under said contract or

arrangement aforesaid shall have the right to sell the salvage and valuable

materials at the highest price obtainable. The net proceeds of such sale, after

deducting the expenses of such demolition and removal, shall be promptly

remitted with a report of such sale or transaction, including the items of expense

and the amounts deducted, for the person who is entitled thereto, subject to any

order of a court. If such a surplus does not remain to be turned over, the report

shall so state.

*The governing body may sell any valuables or salvageable materials for the highest

price obtainable. The costs of demolition are then to be deducted from any proceeds

from the sale of salvage. If a surplus of funds remains, it is to be remitted to the owner

with an itemized expense and income account; however, if no surplus remains, this must

also be reported.

SECTION 111

MEANS OF APPEAL

111.1 Application for appeal. Any person directly affected by a decision of the

code compliance official or building official applying sections 108 and 110 shall

have the right to appeal to the Construction Board of Adjustments and Appeals,

provided that a written application for appeal is filed within 20 days after the day

the decision, notice or order was served. An application for appeal shall be based

on a claim that the true intent of this code or the rules legally adopted there under

have been incorrectly interpreted, the provisions of this code do not fully apply, or

the requirements of this code are adequately satisfied by other means.

*This section allows a person with a material or definitive interest in the decision of the

code official to appeal that decision. The aggrieved party may not appeal a code

requirement. The intent of the appeal process is not to waive or set aside a code

requirement; it is to provide a means of reviewing a code official’s decision on an

interpretation or application of the code or reviewing the code official’s decision to

approve or reject the equivalency of protection to the code requirement.

SECTION 112

STOP WORK ORDER

112.1 Authority. Whenever the code official finds any work regulated by this

code being performed in a manner contrary to the provisions of this code or in a

dangerous or unsafe manner, the code official is authorized to issue a stop work

order.

*This section provides for the suspension of work for which a permit was issued, pending

the removal or correction of a severe violation or unsafe condition identified by the code

official. Normally, correction notices are used to inform the permit holder of code

violations. Stop work orders are issued when enforcement can be accomplished no

other way or when a dangerous condition exists.

112.2 Issuance. A stop work order shall be in writing and shall be given to the

owner of the property, to the owner’s agent, or to the person doing the work.

Upon issuance of a stop work order, the cited work shall immediately cease. The

stop work order shall state the reason for the order and the conditions under

which the cited work is authorized to resume.

*Upon receipt of a violation notice from the code official, all construction activities

identified in the notice must immediately cease, except as expressly permitted to correct

the violation.

112.3 Emergencies. Where an emergency exists, the code official shall not be

required to give a written notice prior to stopping the work.

*This section gives the code official the authority to stop the work in dispute immediately

when, in his or her opinion, there is an unsafe emergency condition that has been

created by the work. The need for the written notice is suspended for this situation so

that the work can be stopped immediately. After the work is stopped immediate

measures should be taken to correct the work at issue.

112.4 Failure to comply. Any person who shall continue any work after having

been served with a stop work order, except such work as that person is directed

to perform to remove a violation or unsafe condition, shall be liable to a fine of

not less than [AMOUNT] dollars or more than [AMOUNT] dollars.

*The local jurisdiction is to designate the fine that is to apply to any person who

continues work that is at issue, other than abatement work. The dollar amounts for the

minimum and maximum fines are to be specified in the adopting ordinance.

Chapter 2

Definitions

The words or terms defined in this chapter are deemed to be of prime importance

in either specifying the subject matter of code provisions or in giving meaning to

certain terms used throughout the code for administrative or enforcement

purposes.

Section 201 addresses the practical concerns encountered when interpreting the

code in relation to the use of gender, tense and singular versus plural. This

section also provides the code official with guidance for finding definitions of

those words or terms not defined herein.

Section 202 provides an alphabetical listing of those terms that are commonly

used throughout the code and that are required for the effective application of

code requirements.

Purpose

Codes, by their very nature, are technical documents. As such, literally every

word, term and punctuation mark can add to or change the meaning of the

intended result. This is even more so with a performance code where the desired

result often takes on more importance than the specific words. Furthermore, the

code, with its broad scope of applicability, includes terms inherent in a variety of

construction disciplines. These terms can often have multiple meanings,

depending on the context or discipline being used at the time. For these reasons,

it is necessary to maintain a consensus on the specific meaning of terms

contained in the code. Chapter 2 performs this function by stating clearly what

specific terms mean for the purpose of the code.

SECTION 201

GENERAL

201.1 Scope. Unless otherwise expressly stated, the following terms shall, for

the purposes of this code, have the meanings shown in this chapter.

*In the application of the code, the terms used have the meanings given in this chapter.

201.2 Interchangeability. Words stated in the present tense include the future;

words stated in the masculine gender include the feminine and neuter; the

singular number includes the plural and the plural, the singular.

*While the definitions contained in this chapter are to be taken literally, gender and tense

are to be considered interchangeable. This is so that any grammatical inconsistencies

within the code text will not hinder the understanding or enforcement of the

requirements.

201.3 Terms defined in other codes. Where terms are not defined in this code

and are defined in the International Building Code, International Fire Code,

International Zoning Code, International Plumbing Code, International

Mechanical Code or NFPA 70, such terms shall have the meanings ascribed to

them as stated in those codes.

*When a word or term appears in the code and that word or term is not defined in this

chapter, other references may be used to find its definition, such as the International

Building Code® (IBC®), International FireCode® (IFC®), International Plumbing Code®

(IPC®), International Mechanical Code® (IMC®), International Zoning Code® (IZC®)

and NFPA 70. These codes contain additional definitions (some parallel and duplicative)

that may be used in the enforcement of either the code or other codes by reference.

201.4 Terms not defined. Where terms are not defined through the methods

authorized by this section, such terms shall have ordinarily accepted meanings

such as the context implies.

*Another resource for defining words or terms not defined herein or in other codes is

their “ordinarily accepted meanings.” The intent of this statement is that a dictionary

definition may suffice, provided that the definition is in context. Oftentimes, construction

terms used throughout the code may not be defined in this chapter or in a dictionary. In

such case, one would first turn to the definitions contained in the referenced standards

(see Chapter 8) and then to published textbooks on the subject in question.

201.5 Parts. Whenever the words “dwelling unit,” “dwelling,” “premises,”

“building,” “rooming house,” “rooming unit,” “housekeeping unit” or “story” are

stated in this code, they shall be construed as though they were followed by the

words “or any part thereof.”

*Each and every portion of a structure, whether the structure is used for only one type of

occupancy or several, must comply with the appropriate regulations established by the

code. It is understood that every portion or any part of a structure is to comply with the

code. Instead of being wordy, “or any part thereof” is considered to be included after

“dwelling,” “building,” housekeeping unit,” “rooming unit,” etc.

SECTION 202

GENERAL DEFINITIONS

ANCHORED. Secured in a manner that provides positive connection.

*This definition describes the term anchored for use in determining unsafe conditions

related to exterior walls, flooring and flooring components, wall veneer and trim,

overhangs and projections, stairs, porches and decks and foundations systems. Where it

is apparent that a positive connection at these elements does not exist, the code official

can cite the condition as unsafe and require repair as needed (see Sections 304.1.1 and

305.1.1).

APPROVED. Approved by the code official.

*As related to the process of acceptance of building installations, including materials,

equipment and construction systems, this definition identifies where ultimate authority

rests. Whenever this term is used, it intends that only the enforcing authority can accept

a specific installation or component as complying with the code.

BASEMENT. That portion of a building which is partly or completely below grade.

*This definition defines that portion of a building that is partly or completely below grade

as being a basement. In this case, “grade” refers to the finished ground level adjacent to

the exterior walls at all points around the building perimeter.

BATHROOM. A room containing plumbing fixtures including a bathtub or shower.

A bathroom is literally a room containing plumbing fixtures, which is used for personal

hygiene. To be considered a bathroom, such a room need only contain one or more

bathtubs or showers. Traditionally, bathrooms are designed to afford privacy to an

individual; however, such rooms may be designed to accommodate multiple users or

bathers. In everyday usage, the term is used interchangeably with toilet room (see the

definition of “Toilet room”) and, in this context, people expect a bathroom to also contain

plumbing fixtures used for the elimination of bodily wastes (water closets and urinals),

and fixtures used for bodily cleansing, such as lavatories (sinks). The typical bathroom in

residential occupancies contains a water closet, a lavatory, a shower, a bathtub or both

a shower and a bathtub. A residential bathroom may also contain a bidet.

BEDROOM. Any room or space used or intended to be used for sleeping

purposes in either a dwelling or sleeping unit.

*A bedroom, also referred to as a “sleeping room,” is an area or room used for sleeping

purposes. A bedroom typically contains a bed and a piece of furniture to store clothing or

a closet, although these are not required. Bedrooms may also be temporarily used for

other purposes when containing fold-up or dual-purpose furniture, such as daybeds or

sleeper sofas. In any case, bedrooms must have sufficient floor space per person in

order to be used as such in addition to meeting all the requirements of Section 404.4.

The location and number of beds can be used to establish where people are sleeping

and how many persons are occupying a dwelling at a given time.

CODE OFFICIAL. The official who is charged with the administration and

enforcement of this code, or any duly authorized representative.

*The statutory power to enforce the code is normally vested in a building department (or

the like) of a state, county or municipality whose designated enforcement officer is

termed the “code official” (see commentary, Section 104).

CONDEMN. To adjudge unfit for occupancy.

*To condemn is to pronounce a structure as unfit for occupancy or use. A condemnation

is the result of the most serious of code violations in that it represents a condition, which

in the opinion of the code official, poses a serious threat to the health and safety of the

public or another structure or property. A violation that results in condemnation is

typically followed by citations requesting immediate action. Depending on the severity of

the situation, these actions may include vacating the premises, securing the structure or

premises and, in some cases, demolition of the structure. When condemnation is used,

care must be taken to follow all of the provisions outlined in Sections 107 through 110

(see commentary, Section 108).

DETACHED. When a structural element is physically disconnected from another

and that connection is necessary to provide a positive connection.

*This definition describes the term “detached” for use in determining unsafe conditions

related to structural materials that may be beyond their limit state. Limit state is a

condition beyond which a structure or member becomes unfit for service and is not

longer useful for its intended function. Where it is apparent a material is beyond its limit

state as a result of detachment, the code official can cite the condition as unsafe and

require repair as needed (see Section 306.1.1).

DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose

effectiveness.

*This definition describes the term “deterioration” for use in determining unsafe

conditions related to structural materials that may be beyond their limit state. Limit state

is a condition beyond which a structure or member becomes unfit for service and is not

longer useful for its intended function. Where it is apparent that a material is beyond its

limit state as a result of deterioration, the code official can cite the condition as unsafe

and require repair as needed (see Section 306.1.1).

[B] DWELLING UNIT. A single unit providing complete, independent living

facilities for one or more persons, including permanent provisions for living,

sleeping, eating, cooking and sanitation.

*A dwelling unit contains elements necessary for independent living, including provisions

for living space (family rooms, dining rooms, living rooms, dens, etc.); sleeping quarters;

food preparation and eating spaces and personal hygiene, cleanliness and sanitation

facilities. Section 404 establishes the minimum room sizes. The minimum required levels

of light and ventilation are included in Sections 402 and 403, respectively. A dwelling unit

is typically occupied in one of two ways: either through renting or ownership. The code

requirements are applied consistently to all dwellings, regardless of the type of

ownership. Both owner-occupied and rented or leased dwellings must comply with the

requirements of the code. A dwelling unit can exist singularly as a one-family dwelling, or

in combination with other dwelling units. When two dwelling units are grouped together

in the same structure, the structure is considered a two-family dwelling. Apartment

houses contain three or more dwelling units.

EASEMENT. That portion of land or property reserved for present or future use

by a person or agency other than the legal fee owner(s) of the property. The

easement shall be permitted to be for use under, on or above a said lot or lots.

*Easements are important mechanisms that allow the local municipality workers access

to buried utilities, such as telephone and electric. Easements also allow access to

property that would have otherwise been rendered landlocked or inaccessible. It is

important to note and restrict permanent improvements that limit required access across

these easements. For example, a fence without a gate erected by a neighboring

property owner that would deny entrance to an electrical transformer.

EQUIPMENT SUPPORT. Those structural members or assemblies of members

or manufactured elements, including braces, frames, lugs, snuggers, hangers or

saddles, that transmit gravity load, lateral load and operating load between the

equipment and the structure.

*This definition describes the term equipment support for use in determining unsafe

conditions related to structural materials that may be beyond their limit state that support

equipment. Limit state is a condition beyond which a structure or member becomes unfit

for service and is not longer useful for its intended function. Where it is apparent that a

material is beyond its limit state that provides equipment support, the code official can

cite the condition as unsafe and require repair as needed (see Section 306.1).

EXTERIOR PROPERTY. The open space on the premises and on adjoining

property under the control of owners or operators of such premises.

*Exterior property generally consists of the open space or area outside a building or an

accessory structure on the same premises or property. It is often referred to as “the yard

area,” but can also include driveways, parking areas, portions of the public right-of-way,

vacant lots or adjoining property under the control of the same owner.

GARBAGE. The animal or vegetable waste resulting from the handling,

preparation, cooking and consumption of food.

*Garbage is discarded food waste and differs from rubbish (see the definition of

“Rubbish”) in that it provides a food source for rodents and other animals and insects.

Garbage that is not properly handled and disposed of regularly can cause insanitary

conditions and infestations of many types that could be the cause of illness in people

and pets. Durable garbage containers with tight-fitting lids offer the best protection

against these conditions.

GUARD. A building component or a system of building components located at or

near the open sides of elevated walking surfaces that minimizes the possibility of

a fall from the walking surface to a lower level.

*This is a term common to the IBC and International Residential Code® (IRC®). This

makes the enforcement of the code criteria that much clearer to all parties involved.

HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking.

Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar

areas are not considered habitable spaces.

*Habitable spaces are those spaces that are normally considered “inhabited” in the

course of residential living and accommodate the four basic activities of living, sleeping,

eating and cooking. Other spaces, such as halls or utility rooms, are not considered

habitable, but would, in many instances, be considered occupiable spaces.

HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable

space equipped and intended to be used for living, sleeping, cooking and eating

which does not contain, within such a unit, a toilet, lavatory and bathtub or

shower.

*Housekeeping units differ from a traditional dwelling unit, as defined in the IRC, in that

the sanitary facilities are not contained within the unit.

IMMINENT DANGER. A condition which could cause serious or life-threatening

injury or death at any time.

*As used in the code, imminent danger refers to a condition that poses a threat or

danger to the building occupants or persons in the proximity of a building or premises.

Section 109 empowers the code official to vacate an occupied premises, order the

closing of streets or take other emergency measures to safeguard the public until the

condition is no longer threatening.

INFESTATION. The presence, within or contiguous to, a structure or premises of

insects, rats, vermin or other pests.

*This definition is needed for the application of Sections 302.5 and 309.1. An infestation

is the actual presence of live insects, rats, vermin or other pests. If the actual presence

of pests cannot be readily confirmed, the presence of fresh droppings, larvae, eggs,

recent rodent holes or other such evidence can identify a current infestation.

INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the

public streets for reason including but not limited to being unlicensed, wrecked,

abandoned, in a state of disrepair, or incapable of being moved under its own

power.

*Motor vehicles that are in some stage of disrepair or disassembly are often the source

of property maintenance complaints. This definition clearly identifies that vehicles that

are unlicensed, wrecked, abandoned, in a state of disrepair or incapable of moving

under their own power are inoperable.

LABELED. Equipment, materials or products to which have been affixed a label,

seal, symbol or other identifying mark of a nationally recognized testing

laboratory, inspection agency or other organization concerned with product

evaluation that maintains periodic inspection of the production of the above

labeled items and whose labeling indicates either that the equipment, material or

product meets identified standards or has been tested and found suitable for a

specified purpose.

*When a product is labeled, the label indicates, first, that the material has been tested for

conformance to an applicable standard or has been determined suitable for a specified

purpose, and second, that the component is subject to third-party inspection to verify

that the minimum level of quality required by the appropriate standard is maintained.

Labeling provides a readily available source of information that is useful for field

inspection of installed products. The label identifies the product or material and provides

other information that can be further investigated if there is any question as to its

suitability for the specific installation. The labeling agency performing the third-party

inspection must be approved by the code official and the basis for approval may include,

but is not necessarily limited to, the capacity and capability of the agency to perform the

specific testing and inspection. While the code does not specifically state what

information must be contained on the label, the applicable referenced standard often

states the minimum identifying information required. The data contained on a label

typically includes, but is not necessarily limited to, the name of the manufacturer; product

name or serial number; installation specifications; applicable tests and standards; the

testing agency and the labeling agency.

LET FOR OCCUPANCY OR LET. To permit, provide or offer possession or

occupancy of a dwelling, dwelling unit, rooming unit, building, premise or

structure by a person who is or is not the legal owner of record thereof, pursuant

to a written or unwritten lease, agreement or license, or pursuant to a recorded or

unrecorded agreement of contract for the sale of land.

*This definition refers to a legal term meaning to lease or convey real estate or property

to someone other than the owners.

NEGLECT. The lack of proper maintenance for a building or structure.

*This definition describes the term “neglect” for use in determining if a structure or

premises is dangerous in accordance with Section 108.1.5. Where it is apparent that a

structure or premises is dangerous due to neglect, the code official can cite the condition

as unsafe and require repair as needed.

OCCUPANCY. The purpose for which a building or portion thereof is utilized or

occupied.

*The occupancy classification of a building is an indication of the level of hazard to which

the occupants are exposed as a function of the actual building use. Occupancy in terms

of an occupancy group classification is one of the primary considerations in the

development and application of many code requirements that are designed to offset the

specific hazards inherent to each occupancy group designation. In enforcing the code,

the approved occupancy of the building is generally an established fact.

OCCUPANT. Any individual living or sleeping in a building, or having possession

of a space within a building.

*By definition, a person need not have possession or control of a space in order to be an

occupant.

OPENABLE AREA. That part of a window, skylight or door which is available for

unobstructed ventilation and which opens directly to the outdoors.

*The openable area is the actual area of a window or door (glazed or unglazed) through

which outside air will flow into a structure. The openable area should be measured when

the window or door is in its full, open position. When determining openable area, only the

space between stops or between stops and sashes is to be measured. The area of

sashes, meeting rails, mullions and muntins is to be deducted (see Figure 403.1).

OPERATOR. Any person who has charge, care or control of a structure or

premises which is let or offered for occupancy.

*This definition is needed to distinguish the unique meaning of this term as it is intended

to be used in the code from the ordinarily accepted meaning of the term “operator.”

OWNER. Any person, agent, operator, firm or corporation having a legal or

equitable interest in the property; or recorded in the official records of the state,

county or municipality as holding title to the property; or otherwise having control

of the property, including the guardian of the estate of any such person, and the

executor or administrator of the estate of such person if ordered to take

possession of real property by a court.

*This term defines the person or other legal entity who is responsible for a building and

its compliance with the code requirements.

PERSON. An individual, corporation, partnership or any other group acting as a

unit.

*A person can be an individual or group of individuals who have formed one of several

types of business organizations. Corporations, partnerships and other types of business

entities are treated as “persons” under the law. They are just as responsible as any

individual for complying with the code and subject to the penalties established under

local or state law (see Section 106.4).

PEST ELIMINATION. The control and elimination of insects, rodents or other

pests by eliminating their harborage places; by removing or making inaccessible

materials that serve as their food or water; by other approved pest elimination

methods.

*This definition is needed since Section 309 requires that approved pest elimination

methods that are not harmful to people be used to eliminate infestations.

PREMISES. A lot, plot or parcel of land, easement or public way, including any

structures thereon.

*When this term is used in the code, it is intended that the entire lot and all of the

structures thereon be included within the scope of that code requirement.

PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed

from the ground to the sky, which is deeded, dedicated or otherwise permanently

appropriated to the public for public use.

*This term describes the ground upon which the public will be allowed passage.

ROOMING HOUSE. A building arranged or occupied for lodging, with or without

meals, for compensation and not occupied as a one- or two-family dwelling.

*A rooming house provides shelter and sleeping arrangements for individuals. This

differs from other living arrangements in that the occupant shares a dwelling unit rather

than having his or her own complete and private dwelling unit. Each person rents

individually from the owner and does not occupy the structure as part of a family. In most

cases, the occupant shares a bathroom and cooking facilities. Another term that could

be used is “boarding house,” and it would be classified as an Occupancy Group R-1 or

R-2, depending upon the permanent or transient nature of the occupants.

ROOMING UNIT. Any room or group of rooms forming a single habitable unit

occupied or intended to be occupied for sleeping or living, but not for cooking

purposes.

*Rooming units differ from dwelling units since no cooking facilities are located in any

rooming unit. Rooming units contain only sleeping and living facilities.

RUBBISH. Combustible and noncombustible waste materials, except garbage;

the term shall include the residue from the burning of wood, coal, coke and other

combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber,

leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass,

crockery and dust and other similar materials.

*The term is usually considered to be a synonym for similar terms such as “refuse” or

“trash” and generally encompasses the broad range of worthless, discarded materials

other than garbage. The term “garbage” is typically limited to describing wastes

generated by food preparation operations.

[B] SLEEPING UNIT. A room or space in which people sleep, which can also

include permanent provisions for living, eating and either sanitation or kitchen

facilities, but not both. Such rooms and spaces that are also part of a dwelling

unit are not sleeping units.

*This definition is included to coordinate the Fair Housing Act Guidelines with the code.

The definition for “Sleeping unit” is needed to clarify the differences between sleeping

units and dwelling units. Some examples would be a hotel guestroom, a dormitory, a

boarding house, etc. Another example would be an addition to a studio apartment with a

kitchenette (i.e., microwave, sink, refrigerator). Since the cooking arrangements are not

permanent, this configuration would be considered a sleeping unit, not a dwelling unit.

As already defined in the code, a dwelling unit must contain permanent facilities for

living, sleeping, eating, cooking and sanitation.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal

proceeding is not required to prove criminal intent as a part of its case. It is

enough to prove that the defendant either did an act which was prohibited, or

failed to do an act which the defendant was legally required to do.

*This term, along with its usage in Section 106.3, brings the code in line with current

legal terminology in regards to the prosecution of violations. With this term, a prosecutor

is not required to prove that code violations were intended by a defendant or were even

due to negligence. It is difficult to prove such intention or negligence in a court of law.

STRUCTURE. That which is built or constructed or a portion thereof.

*This definition is intentionally broad so as to include within its scope, and therefore the

scope of the code (see Section 101.2), everything that is built as an improvement to real

property. The phrase “or a portion thereof” is included so that those words do not have to

be inserted at each location in the code where a provision applies to only a portion of a

structure.

TENANT. A person, corporation, partnership or group, whether or not the legal

owner of record, occupying a building or portion thereof as a unit.

*This definition parallels that of the term “occupant” and makes it clear that, as used in

the code, an owner-occupant is considered a tenant.

TOILET ROOM. A room containing a water closet or urinal but not a bathtub or

shower.

*In the context of the code, a toilet room is a room that contains plumbing fixtures used

for elimination of bodily wastes (water closets and urinals) and also includes fixtures

used for handwashing (lavatories). Toilet rooms are typically associated with public

occupancies. Although sometimes used interchangeably with the term “bathroom” (see

the definition of “Bathroom”), a toilet room contains only those plumbing fixtures

designed for waste elimination and handwashing. A toilet room becomes a bathroom

when it contains a bathtub or shower.

ULTIMATE DEFORMATION. The deformation at which failure occurs and which

shall be deemed to occur if the sustainable load reduces to 80 percent or less of

the maximum strength.

*This definition describes the term ultimate deformation for use in determining unsafe

conditions related to structural materials that may be beyond their limit state due to

ultimate deformation. Limit state is a condition beyond which a structure or member

becomes unfit for service and is not longer useful for its intended function. Where it is

apparent that a material is beyond its limit state due to ultimate deformation, the code

official can cite the condition as unsafe and require repair as needed (see Section

306.1.1).

VENTILATION. The natural or mechanical process of supplying conditioned or

unconditioned air to, or removing such air from, any space.

*Ventilation is the process of moving air to or from building spaces. This definition is

used in this chapter to establish minimum levels of air movement within a building for the

purposes of providing a healthful interior environment. Ventilation would include both

natural (openable exterior windows and doors for wind movement) and mechanical

(forced air with mechanical equipment) methods, when permitted by the code.

WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level,

square, in line, undamaged and without marring adjacent work.

*To be workmanlike, maintenance or repair work must be performed in a manner

consistent with work done by a skilled craftsman. In general, floors should be level, walls

plumb and square and windows installed so that they operate easily and fit within the

rough opening to exclude the elements. The use of proper tools, methods and materials

is usually necessary for workmanlike repairs.

YARD. An open space on the same lot with a structure.

*Yard is similar to “exterior property” but pertains only to the open area on a lot with a

structure. A vacant lot or property without a structure does not have a yard by this

definition.

Chapter 3:

General Requirements

General Comments

The title for Chapter 3 (“General Requirements”) indicates that it is broad in scope. It

includes a variety of requirements for the exterior property areas, as well as the interior

and exterior elements of the structure. Chapter 3 provides specific criteria for regulating

the installation and maintenance of building components. This chapter also contains

requirements regulating the safety, sanitation and appearance of the interior and exterior

of structures and all exterior property areas. Section 301 identifies the scope of Chapter

3 as containing provisions for maintaining a structure and its exterior property areas, and

establishes who is responsible for complying with the chapter’s provisions. This section

also provides minimum maintenance requirements for vacant structures and land.

Section 302 establishes criteria for maintaining exterior property areas and accessory

structures and provides vehicle storage regulations. Section 303 contains the

requirements for swimming pools, spas and hot tubs and provides requirements for

protective barriers and gates in these barriers. Section 304 establishes maintenance

requirements for the structural, weather resistance, sanitary and safety performance of

the exterior of a structure. Section 305 establishes maintenance requirements for the

structural, sanitary and safety performance of the interior of a structure. Section 306

contains provisions for maintaining components of a structure, as well as for determining

unsafe conditions based on specific parameters. Section 307 provides for the safety and

maintenance of handrails and guardrails. Sections 308 and 309 establish the

responsible parties for exterminating insects and rodents, and maintaining sanitary

conditions in various types of occupancies. When specific requirements are not provided

in the code, the following three options for establishing the necessary criteria are

available:

1. If the jurisdiction has already established criteria, the code official can continue to

enforce that criteria.

2. The jurisdiction may adopt its own criteria and incorporate them as an amendment to

the appropriate section of the code.

3. The code official may adopt and enforce criteria already established by the

International Building Code® (IBC®).

Chapter 3 also provides the code official with guidelines for determining who is

responsible for maintaining sanitary conditions and eliminating infestations of insects,

rodents or other pests. Inadequate sanitation and insect or rodent infestations can have

a significant impact on a community. A poorly kept neighborhood affects the self-image

of a community, as well as the impression neighboring communities and visitors have

about the area. Responsible property owners may shy away from neighborhoods that

look unkempt. As a result, property values decrease and the cycle can continue until the

neighborhood is considered a slum. An area that is neat, clean and well maintained

attracts owners and occupants who are usually willing to keep the area attractive, if only

to protect their own interests. The code official, with vigorous enforcement of sanitation

and extermination regulations, can help a community maintain a positive self-image.

This creates a favorable image to the rest of the community and its visitors.

Purpose

Chapter 3 provides requirements that are intended to maintain a minimum level

of safety and sanitation for both the general public and the occupants of a

structure, and to maintain a building’s structural and weather-resistant

performance.

SECTION 301

GENERAL

301.1 Scope. The provisions of this chapter shall govern the minimum conditions

and the responsibilities of persons for maintenance of structures, equipment and

exterior property.

*This chapter establishes minimum requirements for maintenance of property areas,

premises and structures. The code deals with all types and all ages of structures;

therefore, the criteria must be of a minimum nature, consistent with a reasonable level of

protection for the health and safety of the occupants.

301.2 Responsibility. The owner of the premises shall maintain the structures

and exterior property in compliance with these requirements, except as otherwise

provided for in this code. A person shall not occupy as owner-occupant or permit

another person to occupy premises which are not in a sanitary and safe condition

and which do not comply with the requirements of this chapter. Occupants of a

dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a

clean, sanitary and safe condition that part of the dwelling unit, rooming unit,

housekeeping unit or premises which they occupy and control.

*The owner is responsible for complying with the requirements of Chapter 3, except

when the code places the responsibility on the occupants to keep their portion of the

premises in a safe and sanitary condition. Simply stated, owners must provide a safe

and sanitary property and premises when they let it for occupancy. Occupants must

continue to keep it safe and sanitary while they occupy, control or use the property and

premises.

301.3 Vacant structures and land. All vacant structures and premises thereof

or vacant land shall be maintained in a clean, safe, secure and sanitary condition

as provided herein so as not to cause a blighting problem or adversely affect the

public health or safety.

*Both vacant structures and vacant land present special concerns to communities.

Because no one is living on these premises, they are often ignored by the owners.

Consequently, this section establishes the code official’s authority to order the cleanup

of vacant lands and the securing of vacant structures that might present an attractive

nuisance. When the owner fails to secure a vacant structure, Section 108.2 provides the

code official with the authority to arrange for securing such buildings. Additionally,

Section 110 authorizes the code official to pursue demolition of any structure that is

deemed unreasonable to repair. When a structure is reasonable to repair, the code

official is authorized to require the necessary repairs.

SECTION 302

EXTERIOR PROPERTY AREAS

302.1 Sanitation. All exterior property and premises shall be maintained in a

clean, safe and sanitary condition. The occupant shall keep that part of the

exterior property which such occupant occupies or controls in a clean and

sanitary condition.

*This section establishes a simple, straightforward requirement that exterior areas shall

be clean and free from rubbish and garbage (see the definitions in Chapter 2). The code

official may find that enforcement of this section is frequently neither straightforward nor

simple. Each jurisdiction has neighborhoods within the overall community that have

distinct characteristics. Deteriorated, low-cost housing may dominate in one area, while

another has expensive, well-maintained housing units. Sanitation standards should be

enforced uniformly and consistently.

302.2 Grading and drainage. All premises shall be graded and maintained to

prevent the erosion of soil and to prevent the accumulation of stagnant water

thereon, or within any structure located thereon.

Exception: Approved retention areas and reservoirs.

*Improperly graded property areas create health and safety hazards. Stagnant water

provides a home for many nuisance insects, especially the mosquito. Stagnant water

next to a structure can cause mold growth, which can lead to the decay of wooden

members. Ponded water is an attractive nuisance for children and has contributed to

numerous drowning deaths. Stagnant water is foul or stale water. Regrading the

premises may be necessary to prevent stagnant water. If regrading is not practical,

some type of water-diversion system must be installed. Other solutions include replacing

nonabsorbent soil with absorbent soil, installing underground drain tile or building an

underground leaching pit. Soil erosion can be a nuisance if material is being deposited in

drainage systems or on adjacent properties, and is an indication of improper grading.

Planting and maintaining an acceptable ground cover generally prevents erosion. As

indicated by the exception, water retention areas or reservoirs are permitted by the code

even though they may contain stagnant water; however, the code official must approve

their use.

302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways,

parking spaces and similar areas shall be kept in a proper state of repair, and

maintained free from hazardous conditions.

The code official is authorized to require that all sidewalks, walkways, stairs, driveways,

parking spaces, etc., are usable and kept in proper repair. Walking surfaces that have

deteriorated to a condition that presents a hazard to pedestrians must be repaired or

replaced to eliminate the hazard and thus reduce the potential for accidents or injuries.

302.5 Rodent harborage. All structures and exterior property shall be kept free

from rodent harborage and infestation. Where rodents are found, they shall be

promptly exterminated by approved processes which will not be injurious to

human health. After pest elimination, proper precautions shall be taken to

eliminate rodent harborage and prevent reinfestation.

*Rodents carry disease organisms in their feces and on their bodies. The code official

must require the extermination of all rodents by approved processes. All harborage

areas should be eliminated by removing piles of rubbish, towing or repairing inoperable

cars and cutting back weeds. Garbage should be stored in solid containers with tight-

fitting lids and disposed of regularly.

302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not

discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous

or particulate wastes directly upon abutting or adjacent public or private property

or that of another tenant.

*There are three common problems associated with exhaust vent discharges:

1. Odor problems caused from exhaust gases emanating from business and industrial

properties;

2. Noise problems created by exhaust vents; and

3. Health and safety problems created by exhausts that contain hazardous or potentially

hazardous discharge.

To reduce these problems, exhaust vents are prohibited from discharging directly on

abutting or adjacent public and private property.

302.7 Accessory structures. All accessory structures, including detached

garages, fences and walls, shall be maintained structurally sound and in good

repair.

*Accessory structures must be maintained in accordance with the criteria established by

this section. Property owners often give detached garages, sheds, fences, retaining

walls and similar structures a lower maintenance priority than the primary structure; thus,

these structures are frequently in disrepair. A thorough inspection of all property areas

and accessory buildings is necessary to identify violations of the code and to improve a

neighborhood’s appearance.

302.8 Motor vehicles. Except as provided for in other regulations, no inoperative

or unlicensed motor vehicle, boat or trailer shall be parked, kept or stored on any

premises, and no vehicle shall at any time be in a state of major disassembly,

disrepair, or in the process of being stripped or dismantled. Painting of vehicles is

prohibited unless conducted inside an approved spray booth.

Exception: A vehicle of any type is permitted to undergo major overhaul,

including body work, provided that such work is performed inside a structure or

similarly enclosed area designed and approved for such purposes.

*Improper storage of inoperable vehicles can be a serious problem for a community. The

vehicles are unsightly, clutter the neighborhood, provide a harborage for rodents and are

an attractive nuisance for children. This section establishes criteria for acceptable

vehicle storage. No inoperable or unlicensed vehicles are permitted on a property unless

approved in other regulations adopted by the community. This regulation addresses two

problems associated with vehicle storage and repair:

The blighting influence that improperly stored inoperable vehicles have on a

neighborhood; and

The neighborhood mechanic who attempts to operate a vehicle repair

business from home.

Major vehicle repairs are permitted, but only if the work is performed in a structure

designed and approved for such use. Of course, this regulation does not affect the

storage of vehicles on property that complies with applicable zoning or license

requirements, such as repair garages, salvage yards and similar establishments.

302.9 Defacement of property. No person shall willfully or wantonly damage,

mutilate or deface any exterior surface of any structure or building on any private

or public property by placing thereon any marking, carving or graffiti. It shall be

the responsibility of the owner to restore said surface to an approved state of

maintenance and repair.

*Graffiti, carving and damage is a problem that plagues exterior surfaces of walls,

fencing and sidewalks in cities and towns of all sizes. This problem begins as an

eyesore and can result in serious consequences, including declining property values and

degradation of the structures’ ability to repel rain and snow. It must be the responsibility

of the owner to restore said surface to an approved state of maintenance and repair.

SECTION 303

SWIMMING POOLS, SPAS AND HOT TUBS

303.1 Swimming pools. Swimming pools shall be maintained in a clean and

sanitary condition, and in good repair.

*Swimming pools, if neglected, can become a health hazard, resulting in insect-attracting

stagnant water.

303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water

more than 24 inches (610 mm) in depth shall be completely surrounded by a

fence or barrier at least 48 inches (1219 mm) in height above the finished ground

level measured on the side of the barrier away from the pool. Gates and doors in

such barriers shall be self-closing and self-latching. Where the self-latching

device is less than 54 inches (1372 mm) above the bottom of the gate, the

release mechanism shall be located on the pool side of the gate. Self-closing and

self-latching gates shall be maintained such that the gate will positively close and

latch when released from an open position of 6 inches (152 mm) from the

gatepost. No existing pool enclosure shall be removed, replaced or changed in a

manner that reduces its effectiveness as a safety barrier.

Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346

shall be exempt from the provisions of this section.

*This performance-based criteria was specifically added to address pool-related

problems where a child could possibly drown by gaining entry into a pool through a gate

that failed to close and latch properly. Gates that may have deteriorated over time

through age, wear and exposure to the elements are now addressed so that they will

continue to provide the intended level of protection. The exception to this section allows

for safety covers that comply with ASTM F 1346. This exception is consistent with

current provisions in the IBC and the International Residential Code® (IRC®).

ASTM F 1346 contains requirements including a means of fastening the safety cover to

the hot tub or spa, such as key locks, combination locks or similar devices that will keep

the cover in place; testing to demonstrate that the cover can support a minimum required

weight; limitations on openings in the cover and minimum installation requirements.

SECTION 304

EXTERIOR STRUCTURE

304.1 General. The exterior of a structure shall be maintained in good repair,

structurally sound and sanitary so as not to pose a threat to the public health,

safety or welfare.

*The exterior of structures must perform four primary functions:

1. It must be in good repair. There should be no evidence of deterioration, or damaged

or loose elements.

2. It must be structurally sound. There should not be any loose or collapsing pieces.

Stairways, porches, balconies and similar structural elements must safely perform their

intended functions.

3. It must be kept in a sanitary condition. There shall be no accumulation of litter or

debris on porches and other parts of the exterior structure.

4. It must be capable of preventing the elements (rain, snow and wind) and rodents from

entering the interior areas.

304.1.1 Unsafe conditions. The following conditions shall be determined as

unsafe and shall be repaired or replaced to comply with the International Building

Code or the International Existing Building Code as required for existing

buildings:

1. The nominal strength of any structural member is exceeded by nominal loads,

the load effects or the required strength;

2. The anchorage of the floor or roof to walls or columns, and of walls and

columns to foundations is not capable of resisting all nominal loads or load

effects;

3. Structures or components thereof that have reached their limit state;

4. Siding and masonry joints including joints between the building envelope and

the perimeter of windows, doors and skylights are not maintained, weather

resistant or water tight;

5. Structural members that have evidence of deterioration or that are not capable

of safely supporting all nominal loads and load effects;

6. Foundation systems that are not firmly supported by footings, are not plumb

and free from open cracks and breaks, are not properly anchored or are not

capable of supporting all nominal loads and resisting all load effects;

7. Exterior walls that are not anchored to supporting and supported elements or

are not plumb and free of holes, cracks or breaks and loose or rotting materials,

are not properly anchored or are not capable of supporting all nominal loads and

resisting all load effects;

8. Roofing or roofing components that have defects that admit rain, roof surfaces

with inadequate drainage, or any portion of the roof framing that is not in good

repair with signs of deterioration, fatigue or without proper anchorage and

incapable of supporting all nominal loads and resisting all load effects;

9. Flooring and flooring components with defects that affect serviceability or

flooring components that show signs of deterioration or fatigue, are not properly

anchored or are incapable of supporting all nominal loads and resisting all load

effects;

10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar

decorative features not properly anchored or that are anchored with connections

not capable of supporting all nominal loads and resisting all load effects;

11. Overhang extensions or projections including, but not limited to, trash chutes,

canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts

not properly anchored or that are anchored with connections not capable of

supporting all nominal loads and resisting all load effects;

12. Exterior stairs, decks, porches, balconies and all similar appurtenances

attached thereto, including guards and handrails, are not structurally sound, not

properly anchored or that are anchored with connections not capable of

supporting all nominal loads and resisting all load effects; or

13. Chimneys, cooling towers, smokestacks and similar appurtenances not

structurally sound or not properly anchored, or that are anchored with

connections not capable of supporting all nominal loads and resisting all load

effects.

Exceptions:

1. When substantiated otherwise by an approved method.

2. Demolition of unsafe conditions shall be permitted when approved by the code

official.

* The purpose of these requirements is to set out general and specific delineations in a

building or structure that would make it unsafe. These delineations allow the code official

more specific references to conditions that characterize an unsafe building or structure.

Section 304.1.1 describes in detail unsafe conditions related to the exterior of the

structure to provide the code official the ability to require replacement or repair.

Item 1 indicates that if the strength of the structural member is exceeded by either the

nominal loads or load effects, the condition is to be regarded as unsafe. Nominal

strength and load effects, as defined by the IBC and Items 2-13 of this section, are when

a structure or component is regarded as incapable of performing its intended function

thus becoming unsafe.

Item 2 deals with required strength of connections between structural members. More

specifically each connection must be able to resist nominal loads and load effects;

otherwise, the building or affected portion thereof is to be regarded as unsafe.

Anchorage of various elements of a structure is essential to its stability. When

anchorage is not capable of transferring the intended loads, the structure or component

is said to be unsafe.

Item 3 specifies that any condition beyond which a structure or member becomes unfit

for service and is judged to be no longer useful for its intended function is to be unsafe.

This includes its serviceability limit and strength limit state. Limit state as defined by the

IBC is a condition beyond which a structure or member becomes unfit for service and is

judged to be no longer useful for its intended function (serviceability limit state) or to be

unsafe (strength limit state). Any structure reaching this state is said to be unsafe. Since

weather penetration can degrade structural components.

Item 4 specifies that if any joint in the building envelope allows weather to penetrate, it

may be used as a basis to classify the structure as unsafe. This may be, in and of itself,

the basis for the classification. However, supporting evidence of deterioration caused by

the penetration would add weight to the characterization as unsafe.

Item 5 addresses structural members. Structural members are essential to the structural

integrity of any building. If any structural member is deteriorated to the point that it

cannot safely support the nominal loads, the building may be regarded as unsafe.

Item 6 addresses foundations. Foundation systems are essential to the structural

integrity of any building. If any portion of any foundation system is not supported by

adequate soil or is not plumb as intended to distribute the loads or has cracks or breaks

or inadequately anchored, the building may be regarded as unsafe.

Item 7 addresses exterior walls. Exterior walls are essential to the structural integrity of

any building. If any portion of any exterior or bearing wall system is not supported by

adequate foundation or is not plumb as intended to distribute the loads or has cracks or

breaks or inadequately anchored, the building may be regarded as unsafe.

Item 8 addresses roofing and roofing components. Since weather penetration can

degrade structural components, this section specifies that if any roof component allows

weather to penetrate, it may be used as a basis to classify the structure as unsafe. This

may be, in and of itself, the basis for the classification. However, supporting evidence of

deterioration caused by the penetration would add weight to the characterization as

unsafe. Additionally, any structural component of the roof assembly not capable of

supporting design loads is a basis for classifying as unsafe.

Item 9 addresses flooring and flooring components. Walking surfaces in floors with

fatigue, defects or deterioration are a basis for determining that a building or structure is

unsafe. If a floor may collapse due to any of these conditions it is likely to cause harm or

injury, it may be regarded as unsafe.

Item 10 addresses exterior wall facings. Decorative features either inside or outside that

may become detached and fall is a basis for classifying a building or portion thereof as

unsafe. Lateral movement, such as an earthquake or wind, may cause any feature such

as this to fall if not secured properly.

Item 11 addresses overhangs and projections from a building. As with decorative

features, any overhang, extension, projection, such as trash chutes, canopies, marquis,

sign, etc., that is not anchored properly and can fall is a basis for declaring that an

unsafe condition exists.

Item 12 addresses exterior stairs, decks and similar appurtenances. Exterior stairs,

decks, porches, balconies, and all similar appurtenances are all portions of a means of

egress system and as such represent a significant safety concern if left in an unsafe

condition. Should any of these elements of a means of egress system become

structurally unsound, the building or portion thereof may be regarded as unsafe.

Item 13 addresses chimneys, cooling towers and similar appurtenances. As with

decorative features and other appurtenances, chimneys, cooling towers, smoke stacks

or similar large vertical elements that become structurally unsound may be regarded as

unsafe.

Exception 1 is to recognize that a qualified entity could substantiate an alternative

method or material that meets the purpose and intent of the code. This alternative would

need to be approved by the code official. An engineering study that substantiates the

structural integrity in a rational analysis may be the basis for accepting a contention that

the building is not unsafe.

Exception 2 allows for the option of demolition of an unsafe condition to a building

owner subject to the code officials approval. If the building or structure or portion thereof

is demolished, and does not exist, the condition is considered to be resolved.

304.2 Protective treatment. All exterior surfaces, including but not limited to,

doors, door and window frames, cornices, porches, trim, balconies, decks and

fences, shall be maintained in good condition. Exterior wood surfaces, other than

decay resistant woods, shall be protected from the elements and decay by

painting or other protective covering or treatment. Peeling, flaking and chipped

paint shall be eliminated and surfaces repainted. All siding and masonry joints,

as well as those between the building envelope and the perimeter of windows,

doors and skylights, shall be maintained weather resistant and water tight. All

metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and

corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to

inhibit future rust and corrosion. Oxidation stains shall be removed from exterior

surfaces. Surfaces designed for stabilization by oxidation are exempt from this

requirement.

*Other sections of the code require items such as walls, doors, windows and

architectural trim to be maintained in good repair and condition. This section makes it

clear that if paint or other protective covering or treatment is used to provide protection

from the elements, it cannot be peeling, flaking or chipped. Additionally, buildings with

deteriorated paint or with masonry joints and siding in disrepair or not weather tight will

eventually decay and exert a blighting influence on the community.

304.4 Structural members. All structural members shall be maintained free

from deterioration, and shall be capable of safely supporting the imposed dead

and live loads.

*Building components that must support other building components are considered to be

structural. Structural members must be kept sound and capable of supporting all of the

dead and live loads imposed upon them. Dead loads are the loads created by the

structure itself. The footing must adequately carry the load of the foundation, beams,

joists, walls, roof and other similar members located above it. Live loads are the weights

that are added to the finished structure. Live loads include furniture, appliances,

equipment and other items added to the inside of the building. Snow, rain, ice and wind

are environmental conditions that are also considered live loads in the code. When the

occupancy of a structure changes, it presents a special concern to the code official. A

commercial building converted to an industrial occupancy may have a large increase in

the expected live loads the structural members must carry. The code official should work

with structural engineers, architects and other design professionals to assess the

anticipated load-bearing capacity of the stairways, porches and other load-bearing

members before permitting changes in the occupancy of the building.

304.5 Foundation walls. All foundation walls shall be maintained plumb and free

from open cracks and breaks and shall be kept in such condition so as to prevent

the entry of rodents and other pests.

*The foundation must safely support the entire structure. Minor problems left uncorrected

can become major. Major foundation problems can result in collapse of the structure.

Minor damage includes hairline cracks, loose and flaking mortar and surface

deterioration of cement blocks and poured concrete walls. Major damage includes large

horizontal and vertical step cracks, and large areas of missing foundation material (see

Figure 304.5). Three of the most frequent causes of foundation failure result from

damage caused at the time of construction, soil problems (settling, sliding, heaving and

expanding) and the effects of water. Water entering the foundation through cracks, holes

or breaks can freeze and expand, causing damage to the foundation. The code official

should order replacement of structural elements when major damage has occurred and

should order appropriate maintenance, such as tuckpointing, if the damage is only

minor. All conditions that permit entry of rodents or other pests must be corrected.

304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and

loose or rotting materials; and maintained weatherproof and properly surface

coated where required to prevent deterioration.

*Holes, cracks, decayed wood or any other condition that permits rain or dampness to

enter the structure must be repaired. Exterior surface materials must be properly coated

to prevent deterioration if they are not naturally decay resistant. Many materials do not

require surface coating, including: certain metals (aluminum, copper, etc.); masonry

products (bricks, stone, stucco, etc.); naturally decay-resistant woods (redwood, cedar,

etc.); and woods that have been treated with chemicals to prevent decay.

304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not

have defects that admit rain. Roof drainage shall be adequate to prevent

dampness or deterioration in the walls or interior portion of the structure. Roof

drains, gutters and downspouts shall be maintained in good repair and free from

obstructions. Roofwater shall not be discharged in a manner that creates a public

nuisance.

*A secure, nonleaking roof is necessary to keep a building properly maintained. Even

small leaks can cause thousands of dollars in damage to insulation, plaster, studs and

joists. Roof leaks usually occur along valley areas, around plumbing vents, chimneys,

dormers and other penetrations through the roof. Water runoff should be diverted away

from the structure to prevent damage to the foundation and other structural elements.

Runoff must be diverted away from neighboring properties, public sidewalks, alleys and

streets to prevent nuisance problems. Two problems that can result from improper water

runoff are flooding of basements and standing water or ice buildup on sidewalks, alleys

and streets. Drains, gutters and downspouts must be kept in working order so that water

runoff is properly diverted.

304.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim,

wall facings and similar decorative features shall be maintained in good repair

with proper anchorage and in a safe condition.

*Exterior decorative features require regular maintenance to prevent their deterioration

and to keep them from falling from the building.

304.9 Overhang extensions. All overhang extensions including, but not limited

to canopies, marquees, signs, metal awnings, fire escapes, standpipes and

exhaust ducts shall be maintained in good repair and be properly anchored so as

to be kept in a sound condition. When required, all exposed surfaces of metal or

wood shall be protected from the elements and against decay or rust by periodic

application of weather-coating materials, such as paint or similar surface

treatment.

*Most problems related to overhang extensions, especially signs, marquees, fire

escapes and awnings, are a result of deterioration at the points where they are anchored

to the building. Anchorage points should be carefully inspected on a regular basis. Fire

escapes, standpipes and exhaust ducts serve the critical functions of providing proper

exiting, fire protection and the removal of exhaust products. Regular maintenance is

important for their continued compliance

with the code.

304.10 Stairways, decks, porches and balconies. Every exterior stairway,

deck, porch and balcony, and all appurtenances attached thereto, shall be

maintained structurally sound, in good repair, with proper anchorage and capable

of supporting the imposed loads.

*Every exterior stairway, deck, porch and balcony, and all appurtenances attached

thereto, shall be maintained structurally sound, in good repair, with proper anchorage

and capable of supporting the imposed loads. Regular maintenance is required to keep

stairs, decks, porches and balconies in good repair so they do not become a hazard to

occupants or visitors. Positive anchorage of elevated decks and exterior stairs that may

be subject to collapse is especially important. The IBC shall be consulted for required

live loads that these elements are typically required to support.

304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and

similar appurtenances shall be maintained structurally safe and sound, and in

good repair. All exposed surfaces of metal or wood shall be protected from the

elements and against decay or rust by periodic application of weathercoating

materials, such as paint or similar surface treatment.

Chimneys, towers of all types and other similar appurtenances are frequently ignored

until they become nonfunctional or are in danger of collapse. Because of the

corrosiveness of the exhaust gases, chimneys and smokestacks often deteriorate on the

inside first. The code official should examine chimneys and towers for excessive rust,

loose or missing mortar and cracked or disintegrating bricks. Occasionally, deterioration

may become sufficient to prevent the chimney or smokestack from operating properly.

Obstructed chimneys have caused numerous carbon monoxide deaths. If fuel-burning

appliances vent into chimneys or smokestacks, the code official should see that the

exhaust gases are being properly conveyed to the chimney, including the connection of

the vent to the chimney. Weather-coating materials may be applied periodically to

reduce the effects of the elements on these items.

304.12 Handrails and guards. Every handrail and guard shall be firmly fastened

and capable of supporting normally imposed loads and shall be maintained in

good condition.

*This section provides for the safety and maintenance of handrails and guards.

304.13 Window, skylight and door frames. Every window, skylight, door and

frame shall be kept in sound condition, good repair and weather tight.

*All windows, skylights and doors must be installed in their frames so that they are

weather tight (i.e., able to prevent wind, rain or other elements from entering the

structure). A workmanlike installation will provide appropriate protection while

maintaining operational capability.

304.13.1 Glazing. All glazing materials shall be maintained free from cracks and

holes.

*All glass is to be maintained without open cracks or holes, which can admit wind and

moisture. Defective glass poses hazards to occupants.

304.13.2 Openable windows. Every window, other than a fixed window, shall be

easily openable and capable of being held in position by window hardware.

*Windows that have broken or are missing hold-open hardware create a dual hazard.

First, windows without hardware are frequently propped open with sticks and other

objects. These objects can be dislodged and cause the windows to fall, causing bodily

injuries. Second, in the event of a fire, occupants are at an increased risk if windows

cannot be readily secured in an open position. People have died because of inoperable

windows, even though they could have easily broken the windows and escaped. It is

advisable for the code official to check windows to make sure they open properly and

remain open with their own hardware.

304.14 Insect screens. Throughout the year every openable window in a

residential structure and every door, window and other outside opening required

for ventilation of habitable rooms, food preparation areas, food service areas or

any areas where products to be included or utilized in food for human

consumption are processed, manufactured, packaged or stored shall be supplied

with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh

per 25 mm), and every screen door used for insect control shall have a self-

closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as

air curtains or insect repellent fans, are employed.

*Screens reduce insect infestations. Communities shall establish the number of months

screens must be used on windows and doors to accommodate the time period that

insects are active. Insect populations become dormant or die during the cold season;

thus, screens would not be required during cold months. The code official shall strictly

enforce the use of tight-fitting screens (not less than 16 mesh per 25 mm) in any food

preparation, storage or service area. Improper insect protection in these areas can lead

to large-scale contamination of food supplies. As indicated in the exception, air curtains,

insect repellent fans or similar systems may be accepted. The code official must be sure

that such a system is operational and employed whenever the doors and windows are

open. Although permitted for any opening, these systems are useful for openings that

are difficult to screen properly, such as out-swinging doors.

304.15 Doors. All exterior doors, door assemblies and hardware shall be

maintained in good condition. Locks at all entrances to dwelling units and

sleeping units shall tightly secure the door. Locks on means of egress doors shall

be in accordance with Section 702.3.

*All exterior doors, door assemblies and hardware must perform their intended functions

properly (i.e., open and close easily and keep out the elements). Locks must be readily

released without keys, special knowledge or effort in accordance with Section 702.3.

Security locks that comply with this requirement must function to secure the door as well.

Malfunctioning or sticking locks that cannot secure the door may also impede egress

because of difficulty in operation or release.

304.16 Basement hatchways. Every basement hatchway shall be maintained to

prevent the entrance of rodents, rain and surface drainage water.

*Basement hatchways must prevent rain, water and rodents from entering the structure.

When maintenance is ignored, wood members (including doors) decay, metal doors and

latches rust and hinges break. Drainage must be provided to prevent water from

accumulating around hatchways and leaking inside the structure.

304.17 Guards for basement windows. Every basement window that is

openable shall be supplied with rodent shields, storm windows or other approved

protection against the entry of rodents.

*Basement windows are especially susceptible to the entry of the Norway rat, one of

several rodents that frequently nest in the ground near structures. Ratproof shields,

screens, storm windows or other protective materials must be installed on windows

capable of being opened to eliminate their use as an entry point.

304.18 Building security. Doors, windows or hatchways for dwelling units, room

units or housekeeping units shall be provided with devices designed to provide

security for the occupants and property within.

*This section establishes criteria for providing security for occupants of dwelling units,

rooming units and housekeeping units that are rented, leased or let.

304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or

housekeeping unit that is rented, leased or let shall be equipped with a deadbolt

lock designed to be readily openable from the side from which egress is to be

made without the need for keys, special knowledge or effort and shall have a lock

throw of not less than 1 inch (25 mm). Such deadbolt locks shall be installed

according to the manufacturer’s specifications and maintained in good working

order. For the purpose of this section, a sliding bolt shall not be considered an

acceptable deadbolt lock.

*Everyone has a right to feel safe in their own dwelling; therefore, the installation of

locking hardware to secure entry doorways is essential. When installed for security

purposes, however, locks and latches can intentionally prohibit the use of an egress

door and thus interfere with or prevent the egress of occupants at the time of an

emergency, such as a fire. The ability of occupants to easily egress a building in case of

a fire or emergency situation is a primary concern to help prevent the loss of human life.

Examples of special knowledge would be a combination lock or an unlocking device in

an unknown, unexpected or hidden location. Special effort would require unusual and

unexpected physical ability to unlock or make the door fully available for egress.

304.18.2 Windows. Operable windows located in whole or in part within 6 feet

(1828 mm) above ground level or a walking surface below that provide access to

a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let

shall be equipped with a window sash locking device.

*In order to coordinate the provisions of the code with the U.S. Housing and Urban

Development Department (HUD) housing quality standard requirements for rental

properties, a height requirement of 6 feet (1827 mm) above the ground was established

for windows. This could be considered a security concern, thus dictating the need for

window locks.

304.18.3 Basement hatchways. Basement hatchways that provide access to a

dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall

be equipped with devices that secure the units from unauthorized entry.

*Windows to basements are equally problematic from a security point of view and,

therefore, need to be equipped with locking devices to provide security for the units.

SECTION 305

INTERIOR STRUCTURE

305.1 General. The interior of a structure and equipment therein shall be

maintained in good repair, structurally sound and in a sanitary condition.

Occupants shall keep that part of the structure which they occupy or control in a

clean and sanitary condition. Every owner of a structure containing a rooming

house, housekeeping units, a hotel, a dormitory, two or more dwelling units or

two or more nonresidential occupancies, shall maintain, in a clean and sanitary

condition, the shared or public areas of the structure and exterior property.

*The interior of a structure and its equipment must be maintained so that it does not

adversely affect the occupants’ health and safety. It must protect occupants from the

exterior environment.

305.1.1 Unsafe conditions. The following conditions shall be determined as

unsafe and shall be repaired or replaced to comply with the International Building

Code or the International Existing Building Code as required for existing

buildings:

1. The nominal strength of any structural member is exceeded by nominal loads,

the load effects or the required strength;

2. The anchorage of the floor or roof to walls or columns, and of walls and

columns to foundations is not capable of resisting all nominal loads or load

effects;

3. Structures or components thereof that have reached their limit state;

4. Structural members are incapable of supporting nominal loads and load

effects;

5. Stairs, landings, balconies and all similar walking surfaces, including guards

and handrails, are not structurally sound, not properly anchored or are anchored

with connections not capable of supporting all nominal loads and resisting all

load effects;

6. Foundation systems that are not firmly supported by footings are not plumb

and free from open cracks and breaks, are not properly anchored or are not

capable of supporting all nominal loads and resisting all load effects.

Exceptions:

1. When substantiated otherwise by an approved method.

2. Demolition of unsafe conditions shall be permitted when approved by the code

official.

*Section 305.1.1 describes in detail unsafe conditions related to the interior of the

structure to provide the code official the ability to require replacement or repair.

Item 1 indicates that if the strength of the structural member is exceeded by either the

nominal loads or load effects, the condition is to be regarded as unsafe. Nominal

strength and load effects, as defined by the IBC and Items 2-6 of this section are when a

structure or component is regarded as incapable of performing its intended function thus

becoming unsafe.

Item 2 deals with required strength of connections between structural members. More

specifically each connection must be able to resist nominal loads and load effects;

otherwise, the building or affected portion thereof is to be regarded as unsafe.

Anchorage of various elements of a structure is essential to its stability. When

anchorage is not capable of transferring the intended loads, the structure or component

is said to be unsafe.

Item 3 specifies that any condition beyond which a structure or member becomes unfit

for service and is judged to be no longer useful for its intended function is to be unsafe.

This includes its serviceability limit and strength limit state. Limit state as defined by the

IBC is a condition beyond which a structure or member becomes unfit for service and is

judged to be no longer useful for its intended function (serviceability limit state) or to be

unsafe (strength limit state). Any structure reaching this state is said to be unsafe.

Items 4 through 6: The interior of a building may contain other structural elements as

well. These items include, stairs, walking surfaces, handrails and guards are specifically

denoted as essential structural elements that must be preserved to allow for safe means

of egress and protection.

Item 4 addresses deterioration that causes any structural member to be unable to

support intended loads is regarded as unsafe.

Item 5 addresses interior stairs, decks, porches, balconies, and all similar elements that

are all portions of a means of egress system and as such represent a significant safety

concern if left in an unsafe condition. Should any of these elements of a means of

egress system become structurally unsound, the building or portion thereof may be

regarded as unsafe.

Item 6 addresses foundation systems. Foundation systems are essential to the

structural integrity of any building. If any portion of any foundation system is not

supported by adequate soil or is not plumb as intended to distribute the loads or has

cracks or breaks or inadequately anchored, the building may be regarded as unsafe.

Exception 1 is to recognize that a qualified entity could substantiate an alternative

method or material that meets the purpose and intent of the code. This alternative would

need to be approved by the code official. An engineering study that substantiates the

structural integrity in a rational analysis may be the basis for accepting a contention that

the building is not unsafe.

Exception 2 allows for the option of demolition of an unsafe condition to a building

owner subject to the code officials approval. If the building or structure or portion thereof

is demolished, and does not exist, the condition is considered to be resolved.

305.2 Structural members. All structural members shall be maintained

structurally sound, and be capable of supporting the imposed loads.

*Improper original construction, unapproved additions and repairs, water damage,

deferred maintenance and overloading of structural members will result in structural

damage and failure. Common construction and repair defects include: undersized

structural members that, over time, sag, crack and even collapse; inadequately fastened

structural members that loosen and separate from each other; poor-quality construction

materials; improperly installed or oversized notches and holes in structural members and

poorly installed structural members. Water is one of the most destructive elements to

structures. Water damage most frequently occurs from roof leaks; plumbing leaks in

bathrooms and kitchens and water penetration into basements and crawl spaces.

Unrepaired leaks can rot and decay structural members. The code official shall inspect

the bottom of columns, the outside ends of beams and joists, flooring under bathrooms

and kitchens and the underside of roofs for evidence of water penetration and damage.

Deferred maintenance is a problem with all buildings. A structure begins to deteriorate

the moment it is completed. Both outside and inside factors affect structures: water, sun

and wind on the outside, as well as furniture, equipment and occupants on the inside. As

equipment wears out or malfunctions, it needs to be repaired or replaced. Overloading is

not a frequently encountered problem, but can occur when a building changes use and

when new, heavier equipment is added. For example, in a structure used for retail sales,

the live load that the floors, stairs and balconies must carry may change when converted

to a manufacturing use. Structural members must be able to bear the loads imposed

upon them. Commercial and industrial buildings present special concerns for the code

official. To provide some level of confidence that a structure will safely withstand the

anticipated loads, the code official may want to require the owner to provide evidence of

the load-bearing capacity of the structure, as determined by a registered architect or

engineer. This information may be useful every time a structure changes occupancy.

The code official cannot be sure structural changes have not occurred since the previous

calculations were prepared.

305.3 Interior surfaces. All interior surfaces, including windows and doors, shall

be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or

abraded paint shall be repaired, removed or covered. Cracked or loose plaster,

decayed wood and other defective surface conditions shall be corrected.

*Interior surface damage is frequently the result of tenant abuse or water damage. Water

damage results from leaking roofs, plumbing fixtures and water pipes, and damaged or

open windows and doors that permit rain to enter. The code official shall order the repair

of any damaged interior surfaces, and require that the cause of the damage be corrected

if possible. Interior surfaces that contain lead-based paint may present serious health

hazards to occupants, especially children. Lead is a toxic heavy metal that enters the

body by inhalation or ingestion of fine particulate. Lead affects many organs as well as

the central nervous system, and is particularly toxic to young children because it retards

brain and central nervous system development. HUD estimates that three-quarters of

the dwellings built before 1980 contain some lead-based paint. Because the amount of

lead in paint was gradually reduced during the 30 years prior to its prohibition in general

application in 1978 (lead-based paint is currently produced for specialized industrial

applications), dwellings built before 1950 are more likely to contain lead-based paint and

paint with higher concentrations of lead. HUD surveys show that 90 percent of dwellings

built before 1940, 80 percent of dwellings built between 1940 and 1959 and 62 percent

of dwellings built between 1960 and 1979 contain lead-based paint. Lead-based paint is

often found under newer layers of paint that is not lead based. Intact lead-based paint is

not an immediate hazard because the predominant route of lead poisoning is through

ingestion or inhalation of fine lead particulate found in contaminated dust. The risk of

poisoning becomes significant when lead-based paint contaminates dust through

peeling, chipping, flaking and abraded conditions identified in the code. Lead

contamination may also be caused by lead-based paint that is disturbed during repair

and remodeling activities such as scraping, sanding, drilling and cutting. Lead hazard

control is achieved by removing lead contaminated dust and eliminating the source of

contamination. The determination of the type of activities (abatement, interim controls or

repair) needed to correct hazardous conditions depends on the extent of paint

deterioration and the occupancy. More protective measures should be taken if children

under six years of age are likely to occupy the building because they are more sensitive

to lead contamination. All activities that disturb lead-based paint can generate significant

lead hazards. Precautions should be initiated to protect workers, occupants and the

environment. Precautions include selection of procedures that minimize the creation of

dust [such as wet sanding, wet scraping, power tools with high-efficiency particulate air

(HEPA) filtered vacuum attachments and heat guns less than 1,100°F (593°C)];

containment of dust and debris; covering and securing horizontal surfaces, occupants’

furniture and fixtures (if exterior work, the ground and plants) with polyethylene to

prevent contamination; thorough cleaning with HEPA-filtered vacuum and detergent; and

clearance testing to prove lead concentrations are below hazardous levels before

occupancy. Federal regulations recognize two levels of lead specific hazard control

measures—abatement and interim controls. Abatement is defined as measures

designed to last more than 20 years, while less durable measures are considered interim

controls. Environmental Protection Agency (EPA) regulations or state regulations

approved by EPA require workers and supervisors to be trained and certified to

undertake activities specifically intended to abate or control lead based paint hazards.

The same activities that are undertaken as specific lead abatement or interim controls

(demolition, paint removal, door or window replacement, etc.) may be undertaken by

noncertified workers and supervisors if they are a part of general repair and remodeling

activities. More detailed information on lead hazard evaluation and control is available

from state and local agencies, the National Lead Information Center (800-424-5323)

sponsored by EPA and the HUD Office of Lead Hazard Control (202-755-1785). The

code official can help protect public health and safety by coordinating code enforcement

with enforcement of lead regulations and providing lead hazard awareness and hazard

control information to contractors and property owners.

305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch,

deck or other walking surface shall be maintained in sound condition and good

repair.

*Handrails, treads and risers must be structurally sound, firmly attached to the structure

and properly maintained to perform their intended function safely. The code official

should inspect all parts of a stair, including stringers, risers, treads, balusters, guards

and handrails and all walking surfaces such as floors, landings, decks or ramps.

305.5 Handrails and guards. Every handrail and guard shall be firmly fastened

and capable of supporting normally imposed loads and shall be maintained in

good condition.

*This section provides for the safety and maintenance of handrails and guards. Chapter

16 of the IBC should be consulted for required loadings of the elements.

305.6 Interior doors. Every interior door shall fit reasonably well within its frame

and shall be capable of being opened and closed by being properly and securely

attached to jambs, headers or tracks as intended by the manufacturer of the

attachment hardware.

*The ability of a door to function as the manufacturer intended is one of the key elements

in being able to properly exit a building. In addition to contributing to building egress,

doors are also key elements in providing for security and privacy; therefore, all interior

doors should be kept in a state of repair that will allow them to function effectively.

SECTION 306

COMPONENT SERVICEABILITY

306.1 General. The components of a structure and equipment therein shall be

maintained in good repair, structurally sound and in a sanitary condition.

*Section 306.1 contains a general provision for components and equipment related to a

structure to be maintained in sound and sanitary condition, which is the spirit and intent

of this code.

306.1.1 Unsafe conditions. Where any of the following conditions cause the

component or system to be beyond its limit state, the component or system shall

be determined as unsafe and shall be repaired or replaced to comply with the

International Building Code as required for existing buildings:

1. Soils that have been subjected to any of the following conditions:

1.1. Collapse of footing or foundation system;

1.2. Damage to footing, foundation, concrete or other structural element due to

soil expansion;

1.3. Adverse effects to the design strength of footing, foundation, concrete or

other structural element due to a chemical reaction from the soil;

1.4. Inadequate soil as determined by a geotechnical investigation;

1.5. Where the allowable bearing capacity of the soil is in doubt; or

1.6. Adverse effects to the footing, foundation, concrete or other structural

element due to the ground water table.

2. Concrete that has been subjected to any of the following conditions:

2.1. Deterioration;

2.2. Ultimate deformation;

2.3. Fractures;

2.4. Fissures;

2.5. Spalling;

2.6. Exposed reinforcement; or

2.7. Detached, dislodged or failing connections.

3. Aluminum that has been subjected to any of the following conditions:

3.1. Deterioration;

3.2. Corrosion;

3.3. Elastic deformation;

3.4. Ultimate deformation;

3.5. Stress or strain cracks;

3.6. Joint fatigue; or

3.7. Detached, dislodged or failing connections.

4. Masonry that has been subjected to any of the following conditions:

4.1. Deterioration;

4.2. Ultimate deformation;

4.3. Fractures in masonry or mortar joints;

4.4. Fissures in masonry or mortar joints;

4.5. Spalling;

4.6. Exposed reinforcement; or

4.7. Detached, dislodged or failing connections.

5. Steel that has been subjected to any of the following conditions:

5.1. Deterioration;

5.2. Elastic deformation;

5.3. Ultimate deformation;

5.4. Metal fatigue; or

5.5. Detached, dislodged or failing connections.

6. Wood that has been subjected to any of the following conditions:

6.1. Ultimate deformation;

6.2. Deterioration;

6.3. Damage from insects, rodents and other vermin;

6.4. Fire damage beyond charring;

6.5. Significant splits and checks;

6.6, Horizontal shear cracks;

6.7. Vertical shear cracks;

6.8. Inadequate support;

6.9. Detached, dislodged or failing connections; or

6.10. Excessive cutting and notching.

Exceptions:

1. When substantiated otherwise by an approved method.

2. Demolition of unsafe conditions shall be permitted when approved by the code

official.

*In order to analyze all the elements of a building, this section ensures that each

component of a building must also meet its intended purpose or the building (or portion

thereof) can be regarded as unsafe. This provision specifies that each material (such as

soil, concrete, masonry, wood, steel, etc.) that is used to create a building or structure

must continue to be viable.

Item 1 delineates some conditions of soil or foundation stability that denote unsafe

conditions. Any of these allow the code official to determine that an unsafe condition

exists.

Items 2 through 6 delineate some of conditions of typical building materials that if

present in structural elements are sufficient to determine that an unsafe condition exists.

SECTION 307

HANDRAILS AND GUARDRAILS

307.1 General. Every exterior and interior flight of stairs having more than four

risers shall have a handrail on one side of the stair and every open portion of a

stair, landing, balcony, porch, deck, ramp or other walking surface which is more

than 30 inches (762 mm) above the floor or grade below shall have guards.

Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches

(1067 mm) high measured vertically above the nosing of the tread or above the

finished floor of the landing or walking surfaces. Guards shall not be less than

30 inches (762 mm) high above the floor of the landing, balcony, porch, deck, or

ramp or other walking surface.

Exception: Guards shall not be required where exempted by the adopted

building code.

*Handrails are required on at least one side of all means of egress stairs more than four

risers in height. Handrails can neither be less than 30 inches (762 mm) nor more than 42

inches (1067 mm) above the nosing of the tread (see Figure 307.1). Guards are required

on the open side of all uneven walking surfaces greater than 30 inches (762 mm) in

height that include stairs, landings, balconies, porches, decks or ramps. The guard must

be at least 30 inches (762 mm) above the floor in all cases. Guards are to contain

intermediate rails, balusters or other construction to reduce the chance of an adult or

child from falling through the guard. If the guard is missing some intermediate rails or

balustrades, it is recommended that it be repaired to its original condition if it will provide

protection equivalent to that provided when originally constructed. The exception is

referring to the building code currently adopted by the jurisdiction. If the current adopted

building code would not require a guard for a particular location in a new building, then a

guard would not be required in accordance with this exception.

SECTION 308

RUBBISH AND GARBAGE

308.1 Accumulation of rubbish or garbage. All exterior property and premises,

and the interior of every structure, shall be free from any accumulation of rubbish

or garbage.

*Unsanitary houses are found in almost every community. The code official may

frequently find conditions where occupants fail to properly store and remove their

garbage and refuse. Occasionally, the conditions may be so bad that he or she must

condemn the structure as unfit for human occupancy in accordance with Section

108.1.3. Emotional, physical and mental problems may be contributing factors. The code

official may have to work with health officials, social workers, child protection workers

and a host of other social service agencies to obtain a solution to the problem.

Improperly stored garbage and rubbish in public halls and stairways may result in insect

and rodent infestations, trip hazards and accidental fires. More importantly, improper

storage creates a hazard when the exit must be used in an emergency, such as a fire.

308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all

rubbish in a clean and sanitary manner by placing such rubbish in approved

containers.

*Rubbish includes all waste materials except garbage. Occupants are responsible for

disposing of their own rubbish in proper containers. Three frequent causes for improper

rubbish disposal are:

1. The occupants are careless—rubbish is stacked and stored in a haphazard fashion;

2. Insufficient containers are provided to handle rubbish; and

3. The rubbish is not being picked up frequently enough to eliminate the volume being

created.

The code official should work with occupants and owners to determine the cause of the

problem and then order the owners or occupants to take the appropriate action to

resolve it.

308.2.1 Rubbish storage facilities. The owner of every occupied premises shall

supply approved covered containers for rubbish, and the owner of the premises

shall be responsible for the removal of rubbish.

*The owner is responsible for the removal of all rubbish. This provision is helpful as an

enforcement tool. It eliminates confusion as to whether the tenant, the operator or the

owner is responsible.

308.2.2 Refrigerators. Refrigerators and similar equipment not in operation shall

not be discarded, abandoned or stored on premises without first removing the

doors.

*Discarded refrigerators pose an attractive nuisance to children. Children often climb into

the refrigerator and close the door afterward to create a hiding place. Due to the risk of

suffocation from being trapped in the refrigerator, the doors must be removed before it is

considered safe to keep it during periods of storage or to properly dispose of the unit.

308.3 Disposal of garbage. Every occupant of a structure shall dispose of

garbage in a clean and sanitary manner by placing such garbage in an approved

garbage disposal facility or approved garbage containers.

*Garbage is the animal and vegetable wastes created from the preparation and

consumption of food. Occupants are responsible for properly disposing of their garbage

wastes by either using a garbage disposal (if available) or by placing the wastes in

approved garbage storage containers. Improper disposal of garbage wastes can attract

rodents, insects, animals and vermin, produce noxious odors and create potential health

problems. Similar to rubbish disposal, garbage disposal problems can be the result of:

1. Careless disposal (not properly wrapped or stored) by the occupants;

2. Insufficient containers to handle the regular amount of garbage;

3. Garbage not being picked up frequently enough; and

4. The mechanical garbage disposal not operating.

The health consequences to the occupants and the neighborhood are probably more

severe with garbage than rubbish; therefore, the code official must promptly order the

correction of this problem and require an ongoing program of garbage disposal.

SECTION 309

PEST ELIMINATION

309.1 Infestation. All structures shall be kept free from insect and rodent

infestation. All structures in which insects or rodents are found shall be promptly

exterminated by approved processes that will not be injurious to human health.

After pest elimination, proper precautions shall be taken to prevent reinfestation.

*There are two basic types of insect infestations: nuisance and wood destroying.

Nuisance insects include flies, fleas, bees, cockroaches and silverfish. Wood destroying

insects include termites, powder-post beetles and carpenter ants. Nuisance insects are

usually found near food sources and in damp areas. Wood-destroying insects are

sometimes difficult to find. The code official or a professional exterminator may probe

wood members for evidence of infestation. Concrete in contact with the soil should be

visually checked for evidence of termite tubes leading from the soil to wood members.

Wood infested with powderpost beetles frequently has the appearance of having been

penetrated by shotgun pellets. A large powderpost beetle infestation leaves many small

holes in the wood. Additionally, active beetles leave a fine wood powder called “frass” on

the wood. Eliminating nuisance insects may require treating the building with insect

spray on a regular basis. Eliminating wood-destroying insects may require poisoning the

soil around the building. Severe insect infestations may necessitate replacement of

structural members. Evidence of a rodent infestation can include droppings, gnaw marks

and oily rub stains (imprints left where the rodent’s body rubbed against the structure).

Such infestations should be ordered exterminated. Additionally, corrective measures

must be taken to reduce the possibility of a reinfestation.

309.2 Owner. The owner of any structure shall be responsible for pest

elimination within the structure prior to renting or leasing the structure.

*The owner must exterminate all rodents and insects before a building or portion of a

building can be rented or leased. Although it would appear easy to enforce this

provision, the reality is that a new occupant may not notice any insect or rodent

problems until after the building has been occupied. It may be difficult and even

impossible to determine if an infestation existed before the new occupants moved in.

One practical way to resolve this problem is to require the owner to have the building

inspected for infestations before occupancy.

309.3 Single occupant. The occupant of a one-family dwelling or of a single-

tenant nonresidential structure shall be responsible for pest elimination on the

premises.

*In a single-family dwelling or a single-tenant nonresidential unit, the occupant of the

unit—not the owner— is responsible for maintaining the property free of infestation.

Accordingly, the code official should cite the occupant for rodent or insect infestations.

309.4 Multiple occupancy. The owner of a structure containing two or more

dwelling units, a multiple occupancy, a rooming house or a nonresidential

structure shall be responsible for pest elimination in the public or shared areas of

the structure and exterior property. If infestation is caused by failure of an

occupant to prevent such infestation in the area occupied, the occupant and

owner shall be responsible for pest elimination.

*The owners of public or shared areas in multiunit residential and nonresidential

buildings must exterminate rodents and insects from the public or shared areas of the

structure and exterior property. If a single unit in one of these buildings is infested, it is

the occupant’s responsibility to provide for the extermination.

309.5 Occupant. The occupant of any structure shall be responsible for the

continued rodent and pest-free condition of the structure.

Exception: Where the infestations are caused by defects in the structure, the

owner shall be responsible for pest elimination.

*Occupants must maintain their units in a clean and sanitary manner, free of rodents. If

the occupants fail to maintain their unit, then they are responsible for all extermination

costs. From a practical point of view, this section is difficult to enforce. Occupants who

are going to be charged extermination fees may move out before paying such a fee.

Unfortunately, once the unit is vacant, the owner becomes responsible for the

extermination. Since the owner is responsible for correcting any defects in the structure

(see Section 301.2), he or she is then responsible for any infestation caused by these

defects.

Chapter 4:

Light, Ventilation and Occupancy Limitations

General Comments

*Chapter 4 establishes the minimum criteria for light and ventilation and identifies

occupancy limitations. Section 401 outlines the scope of Chapter 4 (i.e., minimum

light, ventilation and space requirements). This section also establishes who is

responsible for complying with the provisions of the chapter, permits alternative

arrangements of windows and other devices to comply with the requirements for light

and ventilation and prohibits certain room arrangements and occupancy uses.

Requirements for light, ventilation and space have not always been incorporated in

construction and occupancy codes. In the United States, one of the first attempts to

establish criteria for light and ventilation occurred with the passage of the 1867

Tenement Housing Act in New York City. A principal feature of the act required sleeping

rooms to communicate directly with external air, or to have a ventilating window or

transom connected to a neighboring room or hall. In 1879, New York City passed a

second Tenement Housing Act, which expanded the light and ventilation requirements

of the 1867 law by mandating that windows have an opening of at least 12 square feet

(1.1 m2) in every room. Finally, New York City passed the Tenement Housing Act of

1901, which required owners to provide additional lighting and ventilation to all

tenements. Many other provisions also contributed to the health, safety and welfare of

the occupants. Light, ventilation and space requirements relate to basic human needs. In

its Basic Principles of Healthful Housing, the Committee on the Hygiene of Housing of

the American Public Health Association (APHA) established several principles regarding

the relationship of housing to health. These basic principles include several that relate

specifically to the need for adequate light, ventilation and space, including physiological

needs, psychological needs and protection against disease and accidents:

Fundamental physiological needs:

*Provision of an atmosphere of reasonable chemical purity (proper ventilation removes

chemicals from the home and work environment);

*Provision of adequate daylight illumination and avoidance of undue daylight glare;

*Provision for admission of direct sunlight (the sun’s rays assist in killing germs);

*Provision of adequate artificial illumination and avoidance of glare; and

*Provision of adequate space for exercise and for the play of children.

Fundamental psychological needs:

*Provision of adequate privacy for the individual;

*Provision of facilities that make possible the performance of household tasks without

undue physical and mental fatigue (adequate space and sufficient ceiling heights reduce

physical and mental fatigue);

*Protection against contagion; and

*Provision of sufficient space in sleeping rooms to minimize the danger of contact

infection.

Protection against accidents:

*Provision of adequate facilities for escape in case of fire.

Protection against overcrowding:

*Provision for population controls can maintain neighborhood density, which can avoid

overtaxing public facilities such as parks and schools, and avoid accelerated wear of

dwellings.

Habitable rooms require adequate light to assist occupants in providing for proper

cleanliness and sanitation, and to reduce trip hazards. Well-lighted rooms have a

positive impact on mental health, while dark, dingy rooms can have the opposite effect.

Ventilation is defined as “the natural or mechanical process of supplying conditioned or

unconditioned air to, or removing such air from, any space.”

Ventilating air into a space serves three functions:

1. Combustion and makeup air for fuel-burning appliances is provided:

2. Air being exhausted from the building through mechanical or natural means is

replaced; and

3. Air movement within the structure is enhanced.

Ventilation air exhausting from a structure also serves three functions:

1. Excess moisture is eliminated;

2. Unpleasant odors, toxic fumes, dirt, dust and other particulate matter are removed;

and

3. Air movement within the structure is enhanced.

Oversized or improperly installed mechanical ventilation can cause fuel-burning

appliances to backdraft into the structure and may cause toxic materials to be exhausted

into inappropriate locations.

Adequate space provides for the physical and mental health of occupants. Crowded

conditions have a negative impact on occupants by preventing easy movement

throughout the dwelling. Crowded conditions may also lead to accidents and injuries.

Additionally, occupants are subjected to an increase in the spread of disease and germs

through sneezing and coughing. Overcrowding may also have a negative effect on

mental health.

Purpose

Minimum light, ventilation and space requirements are based on the physiological and

psychological impact of these factors on building occupants. The purpose of Chapter 4 is

to set forth these requirements in the code and to establish the minimum environment for

occupiable and habitable buildings

401.1 Scope. The provisions of this chapter shall govern the minimum conditions

and standards for light, ventilation and space for occupying a structure.

*Buildings must comply with minimum criteria and conditions for light, ventilation and

space. Specific requirements are outlined in this chapter.

401.2 Responsibility. The owner of the structure shall provide and maintain

light, ventilation and space conditions in compliance with these requirements. A

person shall not occupy as owner-occupant, or permit another person to occupy,

any premises that do not comply with the requirements of this chapter.

*The owner is responsible for complying with all light, ventilation and space requirements

established in this chapter. A non-complying structure cannot be occupied until it is

brought into compliance with the criteria.

401.3 Alternative devices. In lieu of the means for natural light and ventilation

herein prescribed, artificial light or mechanical ventilation complying with the

International Building Code shall be permitted.

*Light and ventilation by artificial methods are permitted, such as electric lighting instead

of natural light and mechanical ventilation instead of natural ventilation. Electric lighting

is permitted to replace the natural light requirements of Section 402. Mechanical

ventilation is permitted to replace the natural ventilation requirements of Section 403.

Any alternative method approved by the code official must also comply with the

installation and performance requirements of the building code.

SECTION 402

LIGHT

402.1 Habitable spaces. Every habitable space shall have at least one window

of approved size facing directly to the outdoors or to a court. The minimum total

glazed area for every habitable space shall be 8 percent of the floor area of such

room. Wherever walls or other portions of a structure face a window of any room

and such obstructions are located less than 3 feet (914 mm) from the window

and extend to a level above that of the ceiling of the room, such window shall not

be deemed to face directly to the outdoors nor to a court and shall not be

included as contributing to the required minimum total window area for the room.

Exception: Where natural light for rooms or spaces without exterior glazing

areas is provided through an adjoining room, the unobstructed opening to the

adjoining room shall be at least 8 percent of the floor area of the interior room or

space, but not less than 25 square feet (2.33 m2). The exterior glazing area shall

be based on the total floor area being served.

*“Habitable space” is defined in Chapter 2. Habitable spaces are those spaces that are

normally considered “inhabited” in the course of residential living and provide the four

basic characteristics of living, sleeping, eating and cooking. Other spaces, such as halls

or utility rooms, are not considered habitable, but would in many instances be

considered occupiable. As stated in Section 401.3, the natural lighting requirements of

this section are not required if artificial light is provided. Electric lighting is almost always

provided. Where electric lighting is provided instead of natural lighting, the code official

must rely on a light meter to assess whether the illumination provided meets the criteria

in the referenced building code. All habitable spaces must have at least one or more

windows and the total glazed area must equal at least 8 percent of the floor area of the

room they serve [see Figure 402.1(1)]. Windows must face directly to the outdoors or to

a court. Any window that faces a wall or other obstruction that is less than 3 feet (914

mm) from the window and higher than the ceiling of the room cannot be included in

calculating the minimum total window area needed for the room it serves [see Figure

402.1(2)]. The exception addresses a case where a space (or room) has no glazed area

open to the required courts or yards but is adjacent to one that does. The internal room

may “borrow” natural lighting from the adjacent space if the opening in the wall between

the two spaces is at least 8 percent of the floor area of the interior room but not less than

25 square feet (2.3m2). The required glazed area facing the required court or yard is to

be based on the total floor area of all rooms served [see Figure 402.1(3)]. In Figure

402.1(3), the glazed area opening onto a court or yard in the space provided with the

openings must be greater than 8 percent of the total floor areas served; therefore, in

Figure 402.1(3), the glazed area in Space B is required to be equal to or greater than

0.08 (floor area of Space A + floor area of Space B). The next step is to require the

opening between the adjacent spaces to be a minimum of 25 square feet (2.3 m2), but

not less than 0.08 multiplied by the floor area of Space A.

402.2 Common halls and stairways. Every common hall and stairway in

residential occupancies, other than in one- and two family dwellings, shall be

lighted at all times with at least a 60-watt standard incandescent light bulb for

each 200 square feet (19 m2) of floor area or equivalent illumination, provided

that the spacing between lights shall not be greater than 30 feet (9144 mm). In

other than residential occupancies, means of egress, including exterior means of

egress, stairways shall be illuminated at all times the building space served by

the means of egress is occupied with a minimum of 1 foot candle (11 lux) at

floors, landings and treads.

*The intent of this section is to establish a minimum level of lighting in common halls and

stairs of residential occupancies, such as apartment buildings. Adequate lighting in

hallways and stairs is essential for safe exiting in a fire emergency, reduces the chance

of injury due to falls during normal use and helps deter crime. This section contains a

prescriptive requirement [60-watt lightbulbs for every 200 square feet (19 m2)] for ease

of application and enforcement (see Figure 402.2). It assumes a typical ceiling height of

no more than 10 feet (3048 mm). Equivalent illumination by means other than 60-watt

incandescent bulbs is explicitly permitted, and the code official would establish

equivalency by judgment or by actually measuring with a light meter. This lighting is

required to be provided at all times, since residential buildings are typically occupied at

all times. In all occupancy groups other than residential, a lower, minimum level of

lighting [1 footcandle (11 lux)] is required at all times when the building is occupied. The

[1 footcandle (11 lux)] threshold is consistent with the International Fire Code® (IFC®)

and the International Building Code® (IBC®) for acceptable lighting in means of egress

components.

402.3 Other spaces. All other spaces shall be provided with natural or artificial

light sufficient to permit the maintenance of sanitary conditions, and the safe

occupancy of the space and utilization of the appliances, equipment and fixtures.

*No specific criteria for minimum light and ventilation are established for other spaces,

such as storage and utility rooms, closets and mud rooms. All spaces, however, must

have enough light to maintain their cleanliness and to allow for the safe use of

appliances, equipment and fixtures located within them.

SECTION 403

VENTILATION

403.1 Habitable spaces. Every habitable space shall have at least one openable

window. The total openable area of the window in every room shall be equal to at

least 45 percent of the minimum glazed area required in Section 402.1.

Exception: Where rooms and spaces without openings to the outdoors are

ventilated through an adjoining room, the unobstructed opening to the adjoining

room shall be at least 8 percent of the floor area of the interior room or space, but

not less than 25 square feet (2.33 m2). The ventilation openings to the outdoors

shall be based on a total floor area being ventilated.

*As stated in Section 401.3, mechanical ventilation is an acceptable alternative to the

natural ventilation requirements in this section. Most detached single-family dwellings

utilize natural ventilation. Every habitable room (see the definition of “Habitable space” in

Chapter 2) must have one window that can be easily opened to provide natural

ventilation. In order to supply adequate natural ventilation, workable windows must be

capable of opening to at least 45 percent of the minimum glazed area required for

natural light, as established in Section 403.1 (see the definition of “Openable area” in

Chapter 2). The openable area should be measured when the window or door is in its

full, open position. When determining openable area, only the space between stops or

between stops and sash is to be measured. The area of sashes, meeting rails, mullions

and muntins is to be deducted (see Figure 403.1). The exception allows for rooms to

“share” required ventilation openings, as long as there are substantial interior openings

between the rooms. The example given in the commentary to Section 402.1 is

applicable here (see commentary, Section 402.1).

403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall

comply with the ventilation requirements for habitable spaces as required by

Section 403.1, except that a window shall not be required in such spaces

equipped with a mechanical ventilation system. Air exhausted by a mechanical

ventilation system from a bathroom or toilet room shall discharge to the outdoors

and shall not be recirculated.

*All bathrooms and toilet rooms must have windows that conform to the requirements of

Section 402.1 for natural light and Section 403.1 for natural ventilation. If a window is not

provided or not large enough to comply with the light and ventilation requirements of

these two sections, then an approved mechanical vent may be used. Mechanical

ventilation in dwelling unit bathrooms and toilet rooms must exhaust all of the moisture

laden air to the exterior. The vent must not terminate in any attic or other closed space

(see Figure 403.2), which would allow moisture to condense on the building structure

and lead to deterioration of the structure.

403.3 Cooking facilities. Unless approved through the certificate of occupancy,

cooking shall not be permitted in any rooming unit or dormitory unit, and a

cooking facility or appliance shall not be permitted to be present in the rooming

unit or dormitory unit.

Exceptions:

1. Where specifically approved in writing by the code official.

2. Devices such as coffee pots and microwave ovens shall not be considered

cooking appliances.

*Unless approval has been granted through a certificate of occupancy, cooking is

prohibited in dormitory or rooming units (see the definition of “Rooming unit” in Chapter

2). Cooking equipment is prohibited in these types of rooms, since cooking in sleeping

areas may create fire and health hazards, as well as odor and moisture problems.

Exception 1 provides for the allowance of cooking in a rooming unit or a dormitory unit

based on written approval as granted by the code official. Such an allowance should

take into consideration the types of food to be cooked and the heat source and

conditions under which the cooking will be done. Requiring approval in writing verifies

that there will be a traceable, verifiable record of the conditions of approval. Such a

record is useful in enforcing the conditions of the approval. Exception 2 allows the use

of coffee pots and microwave ovens in rooming units and dormitory units. These types of

appliances are typically used for short periods of time, and are currently used in hotel

and motel units without significant problems.

403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes,

gases, dusts or mists are generated, a local exhaust ventilation system shall be

provided to remove the contaminating agent at the source. Air shall be exhausted

to the exterior and not be recirculated to any space.

*A mechanical vent, hood or cabinet is required when any process creates potentially

hazardous fumes, gases or dust. The ventilation has to be located at the source of the

contamination and must exhaust directly to the exterior. The criteria for new exhaust

systems are found in the International Mechanical Code® (IMC®). If the exhausted air

contains dust, dirt, chemicals or other contaminants, the exhaust may require additional

treatment to prevent contamination of the exterior air (see Figure 403.4).

403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be

independent of all other systems and shall be exhausted outside the structure in

accordance with the manufacturer’s instructions.

Exception: Listed and labeled condensing (ductless) clothes dryers.

*With one exception, clothes dryers are prohibited from exhausting into other ventilation

or exhaust systems. Clothes dryers create large volumes of lint, dust and moisture that

will clog or corrode any system not designed for this type of exhaust. Additionally, the

exhaust gases are hot and may contain combustion products. Improper or inadequate

provisions for exhaust may create a fire and health hazard. Manufacturers’ installation

instructions must be followed when exhausting clothes dryers. The exception recognizes

condensing ductless clothes dryers. Typically, in a condenser dryer, there are two

separate loops. The inside loop of air that is sealed from the outside loop of environment

air from within the drum is heated, then blown through the tumbling clothes, then the

moisture-laden air is passed through a heat exchanger, where the water recondenses.

The same dry air is then reheated, where it is again blown through the drum and clothes,

and the cycle begins again. The outside loop in a condenser dryer consists of either air

or water. Some condenser dryer models are air-cooled, and use the ambient room air as

a heat sink by blowing it across the outside of the heat exchanger. These dryers will tend

to heat the indoor air in one’s laundry room significantly. Note, however, that only heat is

released, and all moisture is contained within the unit. The condensed water can be

either pumped away to a drain line or stored in a container within the dryer to be emptied

later.

SECTION 404

OCCUPANCY LIMITATIONS

404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and

dormitory units shall be arranged to provide privacy and be separate from other

adjoining spaces.

*Privacy is a fundamental psychological need. Every person needs a space to relax,

sleep and dress that is separate from public or common rooms. Walls, corridors and

doors should be arranged to offer the occupants their own private space.

404.2 Minimum room widths. A habitable room, other than a kitchen, shall not

be less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a clear

passageway of not less than 3 feet (914 mm) between counterfronts and

appliances or counterfronts and walls.

*To prevent the use of inadequately sized rooms for living space, the code establishes a

minimum dimension of 7 feet (2134 mm) at the narrowest width of all habitable rooms,

except kitchens. Narrow rooms do not allow for the installation of furniture without unduly

obstructing passageways through the rooms. Kitchens require only 3 feet (914 mm) of

clearance between countertops and appliances or countertops and walls. Kitchens are

not expected to be occupied for long periods of time, nor is it expected that kitchens will

be occupied by a large number of persons at any one time.

404.3 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry

areas, bathrooms, toilet rooms and habitable basement areas shall have a clear

ceiling height of not less than 7 feet (2134 mm).

Exceptions:

1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet

(1219 mm) on center and projecting not more than 6 inches (152 mm) below the

required ceiling height.

2. Basement rooms in one- and two-family dwellings occupied exclusively for

laundry, study or recreation purposes, having a ceiling height of not less than 6

feet 8 inches (2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear

height under beams, girders, ducts and similar obstructions.

3. Rooms occupied exclusively for sleeping, study or similar purposes and having

a sloped ceiling over all or part of the room, with a clear ceiling height of at

least 7 feet (2134 mm) over not less than one-third of the required minimum floor

area. In calculating the floor area of such rooms, only those portions of the

floor area with a clear ceiling height of 5 feet (1524 mm) or more shall be

included.

*Sufficient ceiling heights are necessary to provide an adequate volume of air for

occupants in closed spaces and to provide for their psychological well-being. The height

requirements are established by this section. To accommodate various conditions, the

code establishes exceptions that permit a reduction in ceiling height within limited

conditions. These exceptions include the following:

Exception 1 makes provisions for beams and girders to extend into the required

minimum height. This is consistent with the IBC and the International Residential Code®

(IRC®) requirements, which allow this type of projection to accommodate structural

members.

Exception 2 is included to permit the use of existing basements with low headroom. It is

anticipated that these rooms will be used only occasionally and will not adversely affect

the occupants’ health or safety.

Exception 3 is included to accommodate the many one and one-half story houses that

have the sloped attic area finished into bedrooms and similar uses. Similar to the

previous exception, the 7-foot-high (2134 mm) ceiling must extend over one-third of the

required area established in Section 404.4.1. Thus, if a room is larger than the minimum

required size for its use, the 7-foot-high (2134 mm) portion may be less than one-third of

the room’s actual floor area. Example: A bedroom of 175 square feet (16.3 m2) would be

required to have a 7-foot-high (2134 mm) ceiling over no less than 23.3 square feet (2.2

m2) of the room area. The minimum required area of a bedroom is 70 square feet ( 6.5

m2) (see Section 404.4.1); one-third of the required 70 square feet (6.5m2) is 23.3

square feet ( 2.2 m2).

404.4 Bedroom and living room requirements. Every bedroom and living room

shall comply with the requirements of Sections 404.4.1 through 404.4.5.

*The size of bedrooms and living rooms in a dwelling unit are a determining factor in the

comfort and safety of occupants. As such, the code establishes minimum sizes and

restricts certain configurations in regard to bathrooms, means of egress and other

habitable rooms.

404.4.1 Room area. Every living room shall contain at least 120 square feet

(11.2 m2) and every bedroom shall contain at least 70 square feet (6.5 m2).

*The smallest bedroom allowed is 70 square feet (6.5 m2). This is barely enough space

for a regular-sized bed and dresser. The smallest living room allowed is 120 square feet

(11.1 m2). Utilizing the minimum room width of 7 feet (2134 mm) would result in a living

room size of approximately 7 feet by 17 feet (2134 mm by 5182 mm). A more functional

room size would perhaps be 10 feet by 12 feet (3048 mm by 3658 mm).

404.4.2 Access from bedrooms. Bedrooms shall not constitute the only means

of access to other bedrooms or habitable spaces and shall not serve as the only

means of egress from other habitable spaces.

Exception: Units that contain fewer than two bedrooms.

*Every occupant must be provided with privacy in his or her sleeping room. The need for

privacy may lead occupants to lock or barricade doors in certain situations; therefore, if

the only access to other habitable spaces or the means of egress is through a bedroom,

there is a possibility that the only way out of a dwelling unit may be blocked in an

emergency situation. Even without an emergency, occupants may be seriously

inconvenienced in their movement about the dwelling unit. Bedrooms, therefore, must be

arranged so that other occupants and guests do not have to pass through one bedroom

to get to another bedroom or other habitable spaces (see Figure 404.4.2). Additionally,

dwelling units must be configured such that occupants can egress from any habitable

room in the dwelling unit without passing through a bedroom. The exception would

permit a dwelling unit with only one bedroom to have an arrangement where the only

access to habitable rooms or the means of egress is through the bedroom. It is assumed

in this case that only the occupants of the bedroom will require access to other rooms or

the means of egress.

404.4.3 Water closet accessibility. Every bedroom shall have access to at least

one water closet and one lavatory without passing through another bedroom.

Every bedroom in a dwelling unit shall have access to at least one water closet

and lavatory located in the same story as the bedroom or an adjacent story.

*Every occupant of a bedroom must have access to a water closet without having to

pass through another room used as a bedroom. Readily accessible water closets are

important for privacy. Occupants should be able to use bathroom facilities without

compromising their modesty or the privacy of the occupants in a bedroom. The

requirement that every bedroom be served by a water closet and lavatory on the same

floor level or on an adjacent level is considered an acceptable minimum standard for the

convenience of occupants.

404.4.4 Prohibited occupancy. Kitchens and nonhabitable spaces shall not be

used for sleeping purposes.

*The code prohibits kitchens, interior public areas and nonhabitable spaces from being

used as bedrooms. These spaces provide neither privacy nor safety. Such rooms may

also lack adequate light, ventilation, fire exits and sufficient habitable space. This section

provides the code official with another tool to control overcrowding problems.

404.4.5 Other requirements. Bedrooms shall comply with the applicable

provisions of this code including, but not limited to, the light, ventilation, room

area, ceiling height and room width requirements of this chapter; the plumbing

facilities and waterheating facilities requirements of Chapter 5; the heating

facilities and electrical receptacle requirements of Chapter 6; and the smoke

detector and emergency escape requirements of Chapter 7.

*Sections 404.4.1 through 404.4.5 do not contain all the code requirements that pertain

to bedrooms. Bedrooms are habitable rooms (see the definition and commentary for

“Habitable room” in Chapter 2) and as such are subject to all the code requirements that

apply to habitable rooms. The purpose of this section is to alert the code user to

requirements for bedrooms that are located in other sections and chapters of the code.

In particular, see the following sections of the code and the associated commentary:

*Section 402.1 for minimum light requirements;

*Section 403.1 for minimum ventilation requirements;

*Section 404.2 for minimum room width;

*Section 404.3 for minimum ceiling height;

*Section 503.2, which prohibits a toilet room from being the only passageway to a hall or

other space from a bedroom;

*Section 505.4, which requires a provision for combustion air in bedrooms that contain a

fuel burning water heater;

*Sections 602.2 and 602.5 for minimum heat required in a bedroom;

*Section 605.2, which requires at least two separate and remote receptacle outlets in

each bedroom;

*Section 702.4 for required emergency escape windows and doors in bedrooms; and

*Section 704 for required smoke detectors in the vicinity of the bedrooms.

404.5 Overcrowding. The number of persons occupying a dwelling unit shall not

create conditions that, in the opinion of the code official, endanger the life, health,

safety or welfare of the occupants.

*Overcrowding is often a problem in rental properties and in small single-family

dwellings. Overcrowding can create serious problems; for example, disease spreads

more easily, privacy is lost, mental health is affected and buildings are subject to more

abuse and wear. Overcrowding can have a destructive effect on a whole neighborhood if

it takes place in several houses on the same block or in several units in the same

apartment building. Reducing overcrowding will reduce related health and safety

hazards; therefore, this section gives the code official the authority to provide notice of a

violation of overcrowding when in his or her opinion an overcrowding condition exists.

The code requires all types of dwelling units to comply with the minimum room area

requirements. There is no exception for owner-occupied houses; however, overcrowding

of owner-occupied, single-family residences requires the careful thought and judgment

of the code official to determine an appropriate course of action. Proving that a building

is overcrowded may be difficult. Tenants may lie about the number of occupants in their

unit to avoid eviction. To determine the number of occupants, the code official may try to

count beds or the names on mailboxes. Neighbors may also provide information about

the number of occupants and may be able to tell when the occupants are most likely to

be home. It may be necessary to conduct inspections during the evening hours in order

to find an adult occupant at home. School enrollment records can also provide

information on the number of children occupying a residence.

404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living

unit from meeting the following requirements:

1. A unit occupied by not more than two occupants shall have a clear floor area

of not less than 220 square feet (20.4 m2). A unit occupied by three occupants

shall have a clear floor area of not less than 320 square feet (29.7 m2). These

required areas shall be exclusive of the areas required by Items 2 and 3.

2. The unit shall be provided with a kitchen sink, cooking appliance and

refrigeration facilities, each having a clear working space of not less than 30

inches (762 mm) in front. Light and ventilation conforming to this code shall

be provided.

3. The unit shall be provided with a separate bathroom containing a water closet,

lavatory and bathtub or shower.

4. The maximum number of occupants shall be three.

*Efficiency units are typically very small apartments consisting of one or two rooms and

a bathroom. Efficiency units that comply with this section are not required to comply with

the minimum area requirements for bedrooms in Section 404.4. The total allowable

number of occupants in the dwelling, however, is limited to two or three, depending on

the area of the unit. The purpose of efficiency units and this section is to provide for

combined use of spaces in an economical or “efficient” manner without jeopardizing

health or comfort. This is possible because of the limit of total occupants to two or three

persons. Item 1 establishes the minimum required area based on the number of

occupants. The item states that these areas are exclusive of the areas required by Items

2 and 3. For example, Item 2 requires that the kitchen be provided with (as a minimum)

a sink, cooking appliance and a refrigerator. It further requires that each of these have a

30-inch (762 mm) clear working space in front of the fixture or appliance. The space

taken up by the appliance and the required clear working space of 30 inches (762 mm)

in front of each appliance cannot be included in the minimum required floor space in

Item 1 (see the last sentence of Item 1). Similarly, the floor area of the bathroom

required in Item 3 is not included in the minimum required floor space in Item 1. Lastly,

Item 4 establishes the maximum occupant load as three. There are no minimum floor

areas required in the kitchen or bathroom—there is enough space for the installation of

the required fixtures or appliances in each room, and the specified working spaces for

the kitchen.

404.7 Food preparation. All spaces to be occupied for food preparation

purposes shall contain suitable space and equipment to store, prepare and serve

foods in a sanitary manner. There shall be adequate facilities and services for the

sanitary disposal of food wastes and refuse, including facilities for temporary

storage.

*Kitchens must be provided with stoves, ovens, refrigerators, freezers, cabinets,

countertops and drawers in sufficient quantity and in a condition that the occupants can

store their food safely and at appropriate temperatures to protect the food. All equipment

must be constructed and maintained so that it can be cleaned. Food preparation areas

must also be provided with garbage disposals or containers that permit the safe

temporary storage of garbage and refuse. Containers should be constructed and

maintained to prevent insect and rat infestations.

Chapter 5:

Plumbing Facilities

and Fixture Requirements

General Comments

Chapter 5 establishes the minimum criteria for the installation, maintenance and location

of plumbing systems and facilities, including the water supply system, waterheating

appliances, sewage disposal system and related plumbing fixtures. Existing plumbing

installations may present unique inspection problems for the code official. Almost all

installations are concealed by finished walls, ceilings and floors. The code official must

inspect the visible portions of the system and assess the acceptability of the whole

installation. To help the code official make suitable judgments, a foundation of basic

principles may aid in the enforcement process. The following is a listing of 23 basic

principles of environmental sanitation and safety for the design, installation and

maintenance of plumbing systems, which establish the fundamental concepts behind

health and safety regulations for plumbing systems. Knowing these principles aids in

understanding the code requirements, which leads to more effective code enforcement.

Principle No. 1 All Occupied Premises Shall Have

Potable Water

All buildings, structures and premises intended for human habitation, occupancy, use or

employment, or the preparation or processing of food, drinks or other materials for

human consumption shall be provided with an adequate, safe and potable water supply

through a safe system of piping to all fixtures, appliances and appurtenances. Such a

water supply must not be connected to an unsafe water source, nor shall it be subjected

to the hazards of backflow.

Principle No. 2 Adequate Water Required

Plumbing fixtures, devices and appurtenances shall be supplied with water in sufficient

volume and at pressures adequate to enable them to function properly and without

undue noise under normal conditions of use.

Principle No. 3 Hot Water Required

Hot water shall be supplied to all plumbing fixtures that normally need or require hot

water for their proper use and function.

Principle No. 4 Water Conservation

Plumbing shall be designed and adjusted to use the minimum quantity of water

consistent with proper performance and cleaning.

Principle No.5 Dangers of Explosion or Overheating

Devices for heating and storing water shall be designed and installed so as to guard

against dangers from explosion or overheating.

Principle No. 6 Use Public Water and Sewers Where

Available

Every building with installed plumbing fixtures intended for human habitation, occupancy

or use and located where there is a public water supply and sewer service shall have a

connection with the water supply and sewer.

Principle No. 7 Required Plumbing Fixtures

Each family dwelling unit shall have at least one water closet, one lavatory, one kitchen-

type sink and one bathtub or shower to meet the basic requirements of sanitation and

personal hygiene. All other structures for human occupancy or use shall be equipped

with sufficient sanitary facilities as prescribed in the code, but with no less than one

water closet and lavatory.

Principle No. 8 Smooth Surfaces Required

Plumbing fixtures shall be made of durable, smooth, nonabsorbent and corrosion-

resistant material and shall be free from concealed fouling surfaces.

Principle No. 9 Drainage System of Adequate Size

The drainage system shall be designed, constructed and maintained to guard against

fouling, deposit of solids and clogging, and with adequate cleanouts arranged so that the

pipes may be readily cleaned.

Principle No. 10 Durable Materials and Good Workmanship

The piping of the plumbing system shall be of durable material, free from defective

workmanship and designed and constructed so as to give satisfactory service for its

reasonably expected life.

Principle No. 11 Liquid Seal Traps Required

Each fixture directly connected to the drainage system shall be equipped with a liquid

seal trap.

Principle No. 12 Trap Seals Must Be Protected

The drainage system shall be designed to provide adequate circulation of air in all pipes

without danger of siphonage, aspiration or forcing of trap seals under conditions of

ordinary use.

Principle No. 13 Exhaust Foul Air to Outside

Each vent terminal shall be extended to the outdoors, and be installed so as to minimize

the possibilities of clogging and the return of foul air to the building.

Principle No. 14 Test the Plumbing System

The plumbing system shall be subjected to tests that will effectively disclose all leaks

and defects in the work or material.

Principle No. 15 Exclude Certain Substances from

the Plumbing System

Storm, surface or ground water or any substance that will clog or accentuate clogging of

pipes, produce explosive mixtures, destroy the pipes or their joints or interfere unduly

with the sewage disposal process shall not be allowed to enter the building drainage

system.

Principle No. 16 Prevent Contamination

Proper protection shall be provided to prevent contamination of food, water, sterile

goods and similar materials from backflow of sewage. When necessary, the fixture,

device or appliance shall be connected indirectly with the building drainage system.

Principle No. 17 Light, Heat and Ventilation

Awater closet, urinal, lavatory, bathtub or shower shall not be located in a room or

compartment that is not properly lighted, heated and ventilated in accordance with

accepted practice.

Principle No. 18 Individual Sewage Disposal Systems

If water closets or other plumbing fixtures are installed in buildings where there is not a

public sewer, provisions shall be made for disposing of the building sewage by an

approved method of treatment and disposal.

Principle No. 19 Prevent Sewer Flooding

Where a plumbing drainage system is subject to backflow of sewage from the public

sewer, provisions shall be made to prevent its overflow into the building.

Principle No. 20 Proper Maintenance

Plumbing systems shall be maintained in a safe and serviceable condition from the

standpoints of both mechanics and health.

Principle No. 21 Fixtures Shall Be Accessible

All plumbing fixtures shall be installed with regard to spacing so as to be accessible for

their intended use and for cleansing.

Principle No. 22 Structural Safety

Plumbing shall be installed with due regard to preservation of the strength of structural

members and prevention of damage to walls and other surfaces through fixture usage.

Principle No. 23 Protect Ground and Surface Water

Sewage or other waste shall not be discharged into surface or subsurface water unless it

has first been subjected to an approved form of treatment.

Purpose

Sanitary and clean conditions in occupied buildings are dependent upon certain basic

plumbing principles, including providing potable water to a building, providing fixtures to

utilize that water and removing waste from the building. Chapter 5 establishes the

minimum criteria to verify that these principles are maintained throughout the life of a

building.

SECTION 501

GENERAL

501.1 Scope. The provisions of this chapter shall govern the minimum plumbing

systems, facilities and plumbing fixtures to be provided.

*Buildings must comply with the minimum criteria for the provisions of plumbing systems,

facilities and fixtures established by this chapter. Any structure that does not conform to

these criteria is in violation of the code and is subject to all penalties established by the

jurisdiction as indicated in Section 106.

501.2 Responsibility. The owner of the structure shall provide and maintain

such plumbing facilities and plumbing fixtures in compliance with these

requirements. A person shall not occupy as owner-occupant or permit another

person to occupy any structure or premises which does not comply with the

requirements of this chapter.

*The owner is responsible for complying with the requirements of this chapter. A

structure must not be occupied if the plumbing systems or facilities do not conform to the

minimum code requirements.

[P] SECTION 502

REQUIRED FACILITIES

502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or

shower, lavatory, water closet and kitchen sink which shall be maintained in a

sanitary, safe working condition. The lavatory shall be placed in the same room

as the water closet or located in close proximity to the door leading directly into

the room in which such water closet is located. A kitchen sink shall not be used

as a substitute for the required lavatory.

*Every dwelling unit is to have at least one water closet, one lavatory, one kitchen-type

sink and one bathtub or shower to meet the basic requirements for sanitation and

personal hygiene. The lavatory must be located in the same room as or near the door

that leads to the water closet. This requirement makes it convenient for occupants to

wash their hands after using the water closet, which is good practice for personal

hygiene and greatly reduces the spread of germs and bacteria. The required kitchen sink

is intended to provide separate facilities for food preparation and dishwashing and is not

intended for hand cleansing after using the toilet facilities, thus reducing the likelihood of

contamination of surfaces that are subject to contact with food.

502.2 Rooming houses. At least one water closet, lavatory and bathtub or

shower shall be supplied for each four rooming units.

*Rooming houses with shared bathroom and toilet facilities must conform to the following

minimum number of fixtures: one water closet, one lavatory and one bathtub or shower

(i.e., one bathroom group) for each four rooming units, or portion thereof. For example, a

house with 22 rooming units requires at least six bathroom groups of plumbing fixtures

(22 ÷ 4 = 5.5; rounded up to 6).

502.3 Hotels. Where private water closets, lavatories and baths are not

provided, one water closet, one lavatory and one bathtub or shower having

access from a public hallway shall be provided for each ten occupants.

*Hotels with guestrooms that share bathroom and toilet facilities must conform to the

following minimum number of fixtures: one water closet, one lavatory and one bathtub or

shower for each 10 occupants, or portion thereof. For example, a hotel with 22

occupants requires a minimum of three water closets, three lavatories and three

bathtubs or showers, or a combination of three bathtubs and showers (22 ÷ 10 = 2.2;

rounded up to 3).

502.4 Employees’ facilities. A minimum of one water closet, one lavatory and

one drinking facility shall be available to employees.

*To provide employees with sufficient sanitary facilities, every place of employment is to

have at least one water closet, one lavatory and one drinking facility. This is a minimum

requirement that provides the employees with at least one toilet room for their use.

Obviously, the number of employees working for a company will affect the adequacy of

providing only one water closet and one hand sink. When economically and physically

practical, the code official should encourage a place of employment to install the

minimum number of plumbing facilities established in the International Plumbing Code®

(IPC®).

502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water

cooler, bottled water cooler or disposable cups next to a sink or water dispenser.

Drinking facilities shall not be located in toilet rooms or bathrooms.

*To reduce the potential of contaminating the water, drinking facilities must be separate

from toilet rooms or bathrooms. Water shall be provided by a drinking fountain, water

cooler, bottled water cooler or disposable cups located next to a sink or water dispenser.

The requirement for disposable cups should be monitored, as many diseases are

transmitted through shared, unwashed or unsanitized eating and drinking utensils.

502.5 Public toilet facilities. Public toilet facilities shall be maintained in a safe

sanitary and working condition in accordance with the International Plumbing

Code. Except for periodic maintenance or cleaning, public access and use shall

be provided to the toilet facilities at all times during occupancy of the premises.

*The purpose of this section is to establish minimum maintenance provisions for public

toilet facilities and to ensure the availability of these facilities to the public at all times the

building is occupied.

[P] SECTION 503

TOILET ROOMS

503.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not

constitute the only passageway to a hall or other space, or to the exterior. A door

and interior locking device shall be provided for all common or shared bathrooms

and toilet rooms in a multiple dwelling.

*To protect human dignity and modesty, all toilet rooms and bathrooms must afford

privacy. Where toilet rooms or bathrooms are shared by building occupants in

dormitories or boarding houses, there is to be a door with a locking device either for

each water closet compartment in a toilet room/bathroom or that controls access to the

toilet room/bathroom. Passage through bathrooms and toilet rooms to get to other

rooms, spaces, corridors or the exterior is inconvenient and could also jeopardize the

means of egress because of locked doors, wet floors and obstructions.

503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units

or dormitory units or housekeeping units, shall have access by traversing not

more than one flight of stairs and shall have access from a common hall or

passageway.

*Occupants of hotel units, rooming units, dormitory units or housekeeping units should

not have to travel beyond the next adjacent story or pass through another occupant’s

unit to gain access to a bathroom or toilet facility. Convenient access to facilities is a

basic necessity for their use and maintenance.

503.3 Location of employee toilet facilities. Toilet facilities shall have access

from within the employees’ working area. The required toilet facilities shall be

located not more than one story above or below the employees’ working area

and the path of travel to such facilities shall not exceed a distance of 500 feet

(152 m). Employee facilities shall either be separate facilities or combined

employee and public facilities.

Exception: Facilities that are required for employees in storage structures or

kiosks, which are located in adjacent structures under the same ownership, lease

or control, shall not exceed a travel distance of 500 feet (152 m) from the

employees’ regular working area to the facilities.

*Employers are required to provide toilet facilities for employees within the employees’

regular work areas. Employees should not have to travel more than 500 feet (152 m) or

beyond the next adjacent story to reach the toilet room. Employee toilet facilities can be

for employees’ use only or they can share customer facilities. If toilet rooms are

inconvenient or located too far from the work area, they create a physical hardship for

employees. This section does not require storage buildings and kiosks to contain toilet

facilities, as long as there are toilet facilities in an adjacent building such that the

distance from the work area to the toilet facilities does not exceed 500 feet (152 m). The

building with the toilet facilities must be under the same ownership, lease or control as

the storage area. Employers cannot expect their employees to depend upon

neighborhood gas stations, stores or other businesses to provide access to toilet

facilities.

503.4 Floor surface. In other than dwelling units, every toilet room floor shall be

maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be

easily kept in a clean and sanitary condition.

*A toilet room floor is much easier to maintain if the surface is smooth, hard and

nonabsorbent. In areas such as toilet rooms where the public is likely to enter a facility,

the primary concern remains keeping the floor area as clean as possible to safeguard

against the spread of disease.

[P] SECTION 504

PLUMBING SYSTEMS AND FIXTURES

504.1 General. All plumbing fixtures shall be properly installed and maintained in

working order, and shall be kept free from obstructions, leaks and defects and be

capable of performing the function for which such plumbing fixtures are designed.

All plumbing fixtures shall be maintained in a safe, sanitary and functional

condition.

*All plumbing fixtures must operate adequately and perform their intended function.

Fixtures must drain quickly without permitting sewer gases to enter the structure.

Fixtures are not to leak from either the water supply piping or the waste discharge

piping. Fixtures must not be worn or deteriorated so that they cannot be adequately

cleaned. Kitchen sinks and lavatories that have defects that prevent them from being

kept clean increase the likelihood that disease causing organisms can be spread to food

sources or from person to person. Fixtures with structural cracks can fail suddenly,

possibly causing personal injury and further property damage.

504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for

usage and cleaning.

*Inadequate clearance between fixtures and adjacent surfaces can create confined

spaces that allow disease and odor-causing bacteria to multiply. For proper sanitation,

the fixture must have sufficient clearances for proper use and cleaning. Although the

code does not specify exact clearances between fixtures and adjacent surfaces, the

code official must use good judgment and must review the required clearances for

compliance with the IPC.

504.3 Plumbing system hazards. Where it is found that a plumbing system in a

structure constitutes a hazard to the occupants or the structure by reason of

inadequate service, inadequate venting, cross connection, back siphonage,

improper installation, deterioration or damage or for similar reasons, the code

official shall require the defects to be corrected to eliminate the hazard.

*Any plumbing system having a deficiency or condition that is deemed by the code

official as hazardous to the occupants or to the structure must be repaired or altered to

eliminate the hazard. Hazards in a plumbing system include, but are not limited to, the

following:

*Undersized piping;

*Inadequate venting;

*Cross connections;

*Lack of backflow prevention means;

*Lack of sufficient fixtures;

*Improperly installed piping, fixtures or fittings;

*Deteriorated, damaged, worn or otherwise defective piping, fixtures or fittings;

*Inadequately supported fixtures or piping; and

*Inadequate water pressure or volume.

One of the most commonly encountered hazards is a submerged outlet in older-style

fixtures in water closets, bathtubs, lavatories, laundry tubs and water softeners. Cross

connections and improperly protected outlets greatly increase the likelihood that

contaminated water will be introduced into the potable water supply.

SECTION 505

WATER SYSTEM

505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water

closet or other plumbing fixture shall be properly connected to either a public

water system or to an approved private water system. All kitchen sinks,

lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or

tempered and cold running water in accordance with the International Plumbing

Code.

*The water for all plumbing fixtures must be properly connected to either a public or an

approved private water system. If there is any question about the quality of the private

water source, the code official should require that the water be tested and approved by

either a private testing service or a local health department. A plumbing system cannot

be considered adequate if the water entering the system is contaminated or otherwise

unfit for human consumption and use.

The desired qualities for safe water are:

Free of pathogenic organisms;

Free of toxic chemicals;

Free of odor, taste, color and turbidity;

Free of excessive minerals;

Relatively noncorrosive; and

Adequate in quantity and pressure.

All sinks, lavatories, bathtubs and showers must be supplied with cold and hot or

tempered running water as regulated by the IPC. Heated water is a basic necessity for

all cleansing and bathing needs. It should be noted that the IPC only allows tempered

water [water that is 85°F (29°C) to 110°F (43°C)] to be used for bathing and washing in

nonresidential occupancies. The IPC requires tempered water to be supplied to hand-

washing fixtures provided for those having physical disabilities.

[P] 505.2 Contamination. The water supply shall be maintained free from

contamination, and all water inlets for plumbing fixtures shall be located above

the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and

other hose bibs or faucets to which hoses are attached and left in place, shall be

protected by an approved atmospheric-type vacuum breaker or an approved

permanently attached hose connection vacuum breaker.

*Cross connections and unprotected outlets are the most common sources of

contamination in potable water systems. The IPC defines a cross connection as any

physical connection or arrangement between two otherwise separate piping systems,

one of which contains potable water and the other water of either unknown or

questionable safety or steam, gas or chemical, whereby there exists the possibility for

flow from one system to the other, with the direction of flow depending on the pressure

differential between the two systems. The code official might not always be able to

discover all cross connections and unprotected outlets in a building, but should become

familiar with the locations where such usually occur. Many older-style plumbing fixtures

were designed or installed with built in submerged water supply outlets. A few of the

more common fixtures and appliances that might have unprotected outlets include: water

closets, bathtubs, lavatories, laundry tubs and hose bibbs (sill cocks). Water softener

drains are often improperly connected to the drainage system, thereby creating cross

connections [see Figure 505.2(1)]. There are two basic methods of preventing

contamination of the potable water supply. The first is to provide an air gap between the

water outlet and the flood level rim of the fixture. The second is to install backflow

prevention devices in the water supply line. An air gap is the ideal solution because it

does not rely on the performance of mechanical devices to prevent backflow into the

water supply. Typically, an air gap must be twice the diameter of the supply pipe to the

fixture, but never less than 1 inch (25 mm) above the flood level rim. The requirements

for air gap protection of fixtures are found in Table 608.15.1 of the IPC.

An example of an unprotected outlet is identified in Figure 505.2(2) when the following

conditions exist:

*The third-floor water closet has the ball cock (fill valve) submerged in the water of the

water closet tank.

*The water pressure within the building is low because of corrosion buildup in the water

pipes or simultaneous usage of fixtures.

*The third-floor water closet is flushed, thereby opening the ball cock.

*Contaminated water can be drawn from the water closet tank into the supply pipes.

In such circumstances when the sink is filling, the pressure can be reduced to less than

atmospheric at the water closet fill valve. This creates a siphon action in the water closet

tank. A potentially hazardous event has occurred that could introduce contaminated

water into the potable water supply. The solution to this problem is fairly simple. The

water closet fill valve (ball cock) needs to be replaced with an anti-siphon fill valve that

extends a minimum of 1 inch (25 mm) above the overflow tube in the water closet tank.

Additionally, the water pressure throughout the building should be increased by

replacing or upsizing the water supply piping. Another common backflow hazard can

result from hoses being attached to threaded outlets. Backflow can occur when the open

end of the hose is submerged in any liquid. For example, the possibility of backflow

exists when a homeowner uses a hose to spread chemical fertilizers, herbicides or

insecticides. If negative pressure should occur in the water supply piping, the water and

chemicals from the hose could be siphoned into the water supply. The solution to this

problem is to install a hose-connection-type vacuum breaker on the water supply outlet

fitting. When a negative pressure occurs in the water supply, the vacuum breaker opens

to the atmosphere allowing air to enter the piping system, thus “breaking” the vacuum.

A type of cross connection occurs when a water supply is connected directly to an

appliance or a piece of equipment. Some examples are water supplies to hot water and

steam boilers; lawn irrigation systems; fire suppression systems; carbonated beverage

machines and equipment used for various industrial applications, such as

manufacturing. These items are typically not able to function with an air gap between

the supply pipe and the appliance or fixture. Consequently, some type of backflow

preventer device must be installed in the water supply line to prevent the water flow from

reversing direction. Common types of protection are pressure-type vacuum breakers,

barometric loops and reduced pressure principle backflow preventers. Any time there is

not an obvious air gap or visible backflow preventer device in a water supply line, the

code official should attempt to determine if a hazard exists. Cross connections between

a private water supply (typically a well system) and a potable public water supply are not

permitted under any circumstance. If the ground water becomes contaminated, a cross

connection could affect the entire public water supply system. The code official should

work with local plumbing inspectors or water departments to identify and eliminate all

cross connections and unprotected potable water outlets.

505.3 Supply. The water supply system shall be installed and maintained to

provide a supply of water to plumbing fixtures, devices and appurtenances in

sufficient volume and at pressures adequate to enable the fixtures to function

properly, safely, and free from defects and leaks.

* Inadequate water pressure or insufficient volume can cause plumbing fixtures, washing

machines, dishwashers and other appliances to operate improperly. Inadequate water

pressure can restrict the flow of water into bathtubs, showers and sinks to the point that

the fixtures are not usable. The code requires enough pressure and volume so that all

fixtures and appliances are functional and free of undue hazards. There are many

causes of inadequate water pressure and lack of sufficient volume. A few of the common

causes include:

*Private wells;

*Inadequate ground-water supply;

*Defective pump or a pump that has lost its prime;

*Storage tank that has lost its air cushion; and

*Sand or silt plugging the well point.

Municipal systems:

*Inadequate pressure in the public water main; and

*Sudden loss of pressure in an area caused by the use of a nearby fire hydrant, a

broken main water line, etc.

Quite frequently, an inadequate water supply is the result of problems within a building.

A few examples include clogged or corroded pipes, undersized piping, crimped or bent

pipes and a system that is inadequately designed. A change in occupancy of a building

might create demands that exceed the original water piping capacity.

505.4 Water heating facilities. Water heating facilities shall be properly

installed, maintained and capable of providing an adequate amount of water to

be drawn at every required sink, lavatory, bathtub, shower and laundry facility at

a temperature of not less than 110°F (43°C).A gas-burning water heater shall

not be located in any bathroom, toilet room, bedroom or other occupied room

normally kept closed, unless adequate combustion air is provided. An approved

combination temperature and pressure-relief valve and relief valve discharge

pipe shall be properly installed and maintained on water heaters.

*A water heater can be dangerous if it is not properly installed and maintained. A water

heater is a closed vessel that can be subjected to high temperature and pressure. Under

the right conditions, a water heater can explode violently and cause extensive structural

damage to buildings and personal injury or death. As such, water heaters should be

thoroughly inspected. The following is a guide for the inspection of water heater

systems.

1. Electric water heaters:

*Is the electric service for the house adequate to supply the normal demands of the

house as well as the increased demands of a water heater?

*Is the electric wiring for the water heater of adequate size and properly installed in

accordance with the electrical code?

* Are all conductors properly installed and protected against physical damage?

2. Fuel-burning water heaters:

*Which fuel is being used? Commonly used fuels include natural gas, propane gas and

fuel oil.

*Is the fuel piping constructed from approved materials, properly connected and

adequately supported?

*Is there a readily accessible, properly installed shutoff valve to stop the fuel supply?

3. Safety controls (electric and fuel-burning):

*Do the safety controls and devices appear to be in good condition without evidence of

tampering or modification?

*Is the thermostat (temperature control) operational and in good condition?

*Does the water heater have a temperature and a pressure relief valve or a combination

temperature and pressure relief valve? These safety valves are necessary to relieve

excessive pressures, thereby preventing an explosion of the water heater. The

temperature and pressure relief valves or combination temperature and pressure relief

valve must be rated for a pressure not higher than the working pressure rating of the

water heater, and in no case higher than 150 pounds per square inch (psi) (1034 kPa).

*Is the temperature relief-valve-sensing element located in the top 6 inches (152 mm) of

the water heater tank? This is the hottest water in the tank.

*Is the relief valve in good condition and free of corrosion or leakage?

*Is the relief valve rating equal to or greater than the British thermal unit per hour (Btu\h)

input rating of the water heater? An undersized safety relief valve does not offer

adequate protection.

*Does the relief valve have a discharge pipe to divert heated water toward the floor and

to a point where it will not cause damage to the structure? The discharge pipe must be

rigid piping of the same diameter as the relief valve outlet. The lower end of the

discharge pipe must not be closed or plugged and is not to have a threaded end that

would invite closure. The relief valve discharge pipe must not be located where it would

be subject to freezing, as this could result in a complete blockage of the pipe.

4. Venting:

*Do all fuel-burning water heaters vent the combustion products to an approved chimney

or venting system?

*Does the vent have adequate clearance from combustible materials (wood, paper,

cloth, etc.)?

*Are the vent or chimney connectors constructed of approved materials? They should be

constructed from corrosion resistant materials such as aluminum, galvanized steel and

stainless steel. The joints should be fastened with sheet metal screws, rivets or other

approved means.

*Does the chimney, vent or connector show signs of deterioration, corrosion or

condensation?

*Is the vent/chimney connector properly supported and connected to the vent or

chimney?

If there is a doubt or question about a particular installation (see Figure 505.4), plumbing

inspectors or water department officials should be consulted. Fuel-burning water heaters

must not be installed in bathrooms, toilet rooms, bedrooms or any other rooms that are

normally kept closed when in use, unless combustion air is brought directly to the

appliance from outside of the room. Adequate combustion air must always be provided

regardless of the appliance location. The International Mechanical Code® (IMC®)

prohibits the installation of fuel-fired water heaters in such rooms in all cases, except

where the water heater is a direct-vent type or is placed in a dedicated enclosure

completely isolated from the occupied room. Asphyxiation of the room occupants could

possibly result from inadequate combustion air, venting system failure or appliance

malfunction (see Section 603.2). The code official must also be sure that the water

heater is able to provide water of at least 110° F (43° C) to every fixture requiring hot

water (see Section 505.1). Temperature and pressure relief valves are absolutely

necessary to prevent the possibility of water heater explosion resulting from overheating.

[P] SECTION 506

SANITARY DRAINAGE SYSTEM

506.1 General. All plumbing fixtures shall be properly connected to either a

public sewer system or to an approved private sewage disposal system.

*Plumbing fixtures must be connected to an approved public or private sewer system.

Private systems that should not be approved would include pit privies, cesspools or any

system that discharges to storm drains, ponds, lakes, streams or rivers.

506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall

function properly and be kept free from obstructions, leaks and defects.

* All waste, soil, sewer and vent piping must be installed and maintained so as to

function properly. Obstructions or defects that present health hazards must be corrected.

Leaking pipes or joints must be replaced or repaired. All repairs and new installations

must be in accordance with the IPC. A thorough and accurate inspection of the plumbing

system requires knowledge of plumbing systems; however, with training and experience,

the code official can identify typical problems and improper installations. In broad terms,

he or she should be inspecting the following elements of a plumbing system: fixtures;

sanitary drainage systems; vents and venting; traps; drainage cleanouts; and hangers

and supports.

1. Sanitary drainage system: The system must be free of leaks. Leaking drain pipes can

cause structural damage and spread illness from the pathogenic organisms in the waste

water.

The code official should inspect all visible drainpipes for any improper connections or

installations. A few frequently encountered problems include the following:

a. Improperly installed materials: Materials not designed or approved for plumbing

applications are often used for repairs and modifications in plumbing systems. The

improper use of fittings, joining means and connectors is common in existing structures.

Drainage piping with no slope or reverse slope can promote blockages.

b. Joints and pipes that have been “patched” with tape, putty, caulking or tar thus

indicating past or current leakage in the drainage system.

c. Unworkmanlike installation: This often indicates that an untrained handyman has

made repairs.

The code official should check the entire system for any indications of unvented fixtures,

improper materials or other typical violations. Additionally, it should be determined

whether permits were obtained to install the work.

2. Vents and venting: Plumbing systems are designed with an integral venting system to

prevent loss of the water seals in fixture traps. Fixture vents must be provided and

maintained where necessary to protect traps from pressure fluctuations and siphon

action that cause loss of the water seal.

3. Traps: Each plumbing fixture must have a trap at the connection to the sanitary

drainage system. A trap creates a water seal that prevents sewer gas from entering the

structure. Sewer gases can be toxic and carry bacteria-laden aerosols. Some types of

sewer gases are even explosive.

4. Hangers and supports: Improperly or inadequately supported waste and vent piping

frequently indicates a nonprofessional installation. All piping is required to be adequately

supported to maintain pitch and alignment and prevent strain on connections and joints.

In general, the code official should inspect the entire visible plumbing system for:

leakage; the presence of fixture, standpipe and floor drain traps; approved materials

(with approved connections) and an acceptable venting system.

506.3 Grease interceptors. Where it has been determined that a grease

interceptor is not being maintained and serviced as intended by this code and the

manufacturer’s instructions, an approved interceptor monitoring system shall be

provided or a maintenance program shall be established with documentation

submitted to the code official.

* As long as waste continues to flow through the plumbing drainage system of a building

that has a grease interceptor installed, the tenant often makes the assumption that

everything is working properly. However, without periodic inspection and cleaning,

grease interceptors can become overloaded resulting in spillage of grease into the public

sewer system or private sewage disposal system. Grease buildup in public sewer mains

can lead to system overflows of sewage which can lead to heavy fines to the sewer

system operator for violation of State environmental laws. Heavy grease flows into

private sewage disposal systems (PSDS) can render these systems ineffective against

treating sewage. Significant damage to the PSDS soil absorption system can occur

before the tenant is even aware that there is a problem. For tenants that exercise proper

inspection and cleaning intervals of grease interceptors so that grease spillage into the

public sewer or PSDS does not occur, this section does not apply. However, there will

be those tenants who do not voluntarily monitor their grease interceptors. In these

situations, this section allows the code official to require that the tenant either install an

approved monitoring system or maintain records of cleaning and inspection such that the

code official can determine that maintenance is being performed.

[P] SECTION 507

STORM DRAINAGE

507.1 General. Drainage of roofs and paved areas, yards and courts, and other

open areas on the premises shall not be discharged in a manner that creates a

public nuisance.

*Drainage of roofs, paved areas, yards, courts and other open areas on the premises

shall not be discharged in a manner that creates a public nuisance. Storm water must be

discharged so that it does not pond in paved areas, yards, courts or open areas.

Standing water can freeze in cold climates, thereby causing a slip hazard. In warm

weather, standing water can create an insect breeding ground. Roof gutters and

downspouts are not required, provided that storm water is discharged in such a manner

that it does not create a public nuisance. The code official should also check local

ordinances to determine if run-off storm drainage water and sump pumps can be allowed

to enter the sanitary sewer system. Most communities are now requiring all storm

drainage water to be separated from the sanitary sewer system. Disconnecting the storm

water from the sanitary sewer system can reduce the costs of sewage treatment and

eliminate an overload of the treatment facility. The emphasis in storm drainage is to

remove the water quickly without creating hazards to pedestrians or causing damage to

any structures on the same or neighboring property.

Chapter 6: Mechanical and Electrical Requirements

General Comments

Chapter 6 establishes minimum criteria for the installation and maintenance of the

following: heating and air conditioning equipment, appliances and systems; waterheating

equipment, appliances and systems; cooking equipment and appliances; ventilation and

exhaust equipment; gas and liquid fuel distribution piping and components; fireplaces

and solid fuel-burning appliances; chimneys and vents; electrical services; lighting

fixtures; electrical receptacle outlets; electrical distribution system equipment, devices

and wiring; and elevators, escalators and dumbwaiters. The primary objectives of

mechanical and heating equipment inspections are to detect, identify and abate any

condition that is a potential fire or explosion hazard; is a potential cause of asphyxiation

or carbon monoxide poisoning; poses the risk of physical injury to an occupant; prevents

the equipment from adequately performing its intended function; or that otherwise

endangers the occupants or the structure. The primary objectives of electrical equipment

and system inspections are to detect, identify and abate any condition that is a potential

fire hazard or electrical shock hazard. Any condition that inadequately provides for the

supply and distribution of electrical power throughout the structure must also be

detected, identified and abated. All mechanical and electrical facilities must be capable

of providing the minimum levels of safety, illumination, comfort, utility and convenience

as prescribed in this chapter.

Purpose

All mechanical and electrical equipment, appliances and systems must be properly

installed to serve the intended purpose. Proper installation, however, does not in itself

guarantee safety or performance. In addition to proper installation, all such equipment,

appliances and systems must be maintained, as they are subject to deterioration, wear

and aging, and may require cleaning, lubrication, adjustment, etc. All materials and

components used to construct mechanical and electrical systems have a limited life

span, and require repair or replacement at various time intervals that are specific to the

material or component. The purpose of Chapter 6 is to establish minimum performance

requirements for electrical and mechanical facilities and to establish minimum standards

for the safety of such facilities.

SECTION 601

GENERAL

601.1 Scope. The provisions of this chapter shall govern the minimum

mechanical and electrical facilities and equipment to be provided.

*Minimum performance guidelines for mechanical and electrical facilities and equipment

are established in this chapter. Installations that do not conform to these minimum

criteria are unacceptable.

601.2 Responsibility. The owner of the structure shall provide and maintain

mechanical and electrical facilities and equipment in compliance with these

requirements. A person shall not occupy as owner-occupant or permit another

person to occupy any premises which does not comply with the requirements

of this chapter.

*It is the responsibility of the owner of the structure to provide and maintain the required

electrical and mechanical facilities. An owner must not occupy or allow any other person

to occupy a structure that is not in compliance with this chapter; thus, the requirements

of this chapter are the minimum necessary to make a structure occupiable.

SECTION 602

HEATING FACILITIES

602.1 Facilities required. Heating facilities shall be provided in structures as

required by this section.

*This section establishes the scope of requirements in Section 602 [see the International

Mechanical Code® (IMC®) for space-heating requirements for new structures].

602.2 Residential occupancies. Dwellings shall be provided with heating

facilities capable of maintaining a room temperature of 68°F (20°C) in all

habitable rooms, bathrooms and toilet rooms based on the winter outdoor design

temperature for the locality indicated in Appendix D of the International Plumbing

Code. Cooking appliances shall not be used to provide space heating to meet the

requirements of this section.

Exception: In areas where the average monthly temperature is above 30°F (-

1°C), a minimum temperature of 65°F (18°C) shall be maintained.

*This section establishes the following minimum requirements for space heating in

residential structures. Adequate heat is required for human health and comfort. The

elderly, infirm and very young are most susceptible to illness and death from inadequate

space heating. Heating equipment must be provided and maintained by the owner and

must be able to heat all habitable rooms, bathrooms and toilet rooms to at least 68°F

(20°C) based on the outside design temperature established for each locality adopting

the code. 68°F (20°C) is believed to be the minimum indoor temperature at which people

can be reasonably comfortable and can maintain healthy living. This is intended as an

absolute minimum since most dwelling occupants will seek indoor temperatures 5°F to

10°F (-15°C to -12°C) higher than this. The outdoor design temperatures are taken from

the ASHRAE Handbook of Fundamentals and are listed in Appendix D of the

International Plumbing Code® (IPC®). Outdoor design temperatures provide a baseline

from which heat load calculations are made. Heating system capacity is dependent upon

the predicted outdoor temperatures during the heating season. As the outdoor

temperature falls, the heat input to a building must increase to offset the increasing heat

losses through the building envelope. Heating systems are designed to have the

capacity to maintain the desired indoor temperature when the outdoor temperature is at

or above the outdoor design temperature. When the outdoor temperatures are below the

outdoor design temperature, the heating system will not be able to maintain a desired

indoor temperature. It would be impractical, for example, to design a heating system

based on the assumption that someday it might be -20°F (-29°C) outdoors if the outdoor

temperature in that region rarely, if ever, dropped that low. In such a case, the heating

system would be oversized and, thereby, less efficient and economical. The winter

outdoor design temperature is defined as follows: For 97.5 percent of the total hours in

the northern hemisphere heating season, from December through February, the

predicted outdoor temperatures will be at or above the values given in Appendix D of

the IPC. It would be unreasonable to expect any heating system to maintain a desired

indoor temperature when the outdoor temperature is below the design temperature.

When the 97.5 percent column in Appendix D of the IPC is used, it can be assumed that

the actual outdoor temperature will be at or below the design temperature for roughly 54

hours of the total of 2,160 hours in the months of December through February (2,160

hours × 2.5 percent = 54). The lack of adequate space-heating systems can result in the

misuse of cooking appliances. It is not uncommon for occupants to use fuel-fired ovens

and cook-top burners to supply space heating when the minimum required indoor

temperature cannot be maintained, and unfortunately, the typical occupant is not aware

of the danger in doing so. Fuel-fired cooking appliances in almost all occupancies are

unvented and, therefore, discharge all products of combustion directly to the occupied

space. Prolonged use of such appliances can produce dangerously high levels of carbon

monoxide and other contaminants, especially considering that the occupants will not be

opening windows or operating exhaust systems in an effort to conserve heat. Also,

cooking appliances are not designed for the purpose of space heating, and like all

appliances, could be dangerous if used in any way other than intended by the

manufacturer. Cooking appliances are not designed for continuous or unattended use,

and open flames, heat radiation and high surface temperatures pose a significant fire

hazard when the appliance is misused. The exception recognizes that in warmer

portions of the country, when the average monthly temperature meets or exceeds 30°F

(-1°C), the minimum inside temperature can be 65°F (18°C). As a result of this code

requirement, the occupants are ensured of having a comfortable interior environment.

602.3 Heat supply. Every owner and operator of any building who rents, leases

or lets one or more dwelling units or sleeping units on terms, either expressed or

implied, to furnish heat to the occupants thereof shall supply heat during the

period from [DATE] to [DATE] to maintain a temperature of not less than 68°F

(20°C) in all habitable rooms, bathrooms and toilet rooms.

Exceptions:

1. When the outdoor temperature is below the winter outdoor design temperature

for the locality, maintenance of the minimum room temperature shall not be

required provided that the heating system is operating at its full design capacity.

The winter outdoor design temperature for the locality shall be as indicated in

Appendix D of the International Plumbing Code.

2. In areas where the average monthly temperature is above 30°F (-1°C) a

minimum temperature of 65°F (18°C) shall be maintained.

* The owner or operator of rental residential property who agrees to provide heat by

express agreement or implication must provide it to all habitable rooms, bathrooms and

toilet rooms. The heat supply must be capable of maintaining a temperature of at least

68°F (20°C), 24 hours per day. The occupants could set the temperature in the space

under their control at a lower temperature if desired, but 68°F (20°C) must be attainable.

Based on local climatic conditions, each community needs to establish the period of the

year during which heating equipment must be in operation in order to maintain the

required temperatures. The intent of this section is to protect tenants from being

subjected to uncomfortable and unhealthy conditions created by undersized,

malfunctioning, defective or otherwise inadequate space-heating systems. Having

adequate space heating also helps eliminate the need for auxiliary room/space heaters,

as well as the unsafe use of cooking appliances for space heating (see Section 602.2).

When tenants are forced to use room/space heaters, the risk of fire and asphyxiation

increases because of improper use, contact with or close proximity to combustible

materials; overloaded wiring and extension cords; lack of ventilation and the user’s

typical lack of understanding of the potential hazards.

Exception 1 recognizes the limitations of all heating systems that operate when the

outdoor temperature is below the design temperature. This exception states that the

minimum indoor temperature requirement of 68°F (20°C) does not apply when the

outdoor temperature is below the design temperature for the heating system. The

exception addresses only the circumstance where the heating system cannot keep up

because the outdoor conditions exceed that for which it was designed (see Section

602.2). The exception applies only to heating systems that are operating at their full

design capacity (heat output). It does not apply to improperly designed systems,

undersized systems or any system operating at less than its full output for whatever

reason. On those rare days when the outdoor temperature is lower than what the

heating system was designed to handle, it is anticipated that the indoor temperature

might not be attainable. Heating systems that were sized based on outdoor

temperatures above the actual outdoor design temperature for the locality in which they

are installed are improperly designed, and as such, do not comply with the intent of the

exception (see commentary, Section 602.2).

Exception 2 is the same as the exception to Section 602.2.

602.4 Occupiable work spaces. Indoor occupiable work spaces shall be

supplied with heat during the period from [DATE] to [DATE] to maintain a

temperature of not less than 65°F (18°C) during the period the spaces are

occupied.

Exceptions:

1. Processing, storage and operation areas that require cooling or special

temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activities.

*Mercantile, business, factory and similar occupancies in which people are employed

must be kept at a temperature of at least 65°F (18°C) during the hours that employees

are working. People cannot be expected to work productively and remain in good health

if their workplace is uncomfortable. The 65°F (18°C) minimum is lower than required for

residential occupancies and is intended to apply to the typical workplace having

sedentary employee activities.

Exception 1 recognizes that some occupancies have operations and processes that

require temperatures lower than 65°F (18°C), including meat-packing plants, canneries

and manufacturing facilities.

Exception 2 recognizes that a minimum temperature of 65°F (18°C) is not necessary

where employees are engaged in physical activities such as construction, fabrication

and loading in factories. The period of the year during which structures must comply with

this section is to be established by each locality based on local climatic conditions.

602.5 Room temperature measurement. The required room temperatures shall

be measured 3 feet (914 mm) above the floor near the center of the room and 2

feet (610 mm) inward from the center of each exterior wall.

*To determine compliance with Section 602, temperature measurements are required to

be taken at multiple locations. For example, in a room with two exterior walls, a total of

three measurements is required. The room temperature requirements of Section 602

must be met in all of the measurement locations. The intent is to make sure that the

required temperature will be uniformly reached throughout the occupiable portions of the

room or space. The coldest part of a room during the heating season will typically be at

the floor level by an outside wall. The measurements are taken at points that are

expected to be occupied and that do not reflect the potential temperature extremes in a

space (see Figure 602.5). Any space that cannot maintain the minimum indoor

temperatures as established in Section 602 when the outdoor temperature is at or above

the design temperature for the locality should be posted as unfit for human occupancy

until enough heat can be supplied.

SECTION 603

MECHANICAL EQUIPMENT

603.1 Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-

burning appliances, cooking appliances and water heating appliances shall be

properly installed and maintained in a safe working condition, and shall be

capable of performing the intended function.

*Because appliances, mechanical equipment and fireplaces are subject to aging, wear

and deterioration, periodic inspection and servicing is required to maintain performance

and to verify continued safe operation. Fireplaces and solid fuel-burning appliances must

be properly installed, inspected and maintained. They require frequent inspection and

maintenance because of the extreme temperatures and corrosive flue gases to which

they are subjected. Routine cleaning is required to remove the highly flammable

creosote deposits found in chimneys and connectors. Inspections should include such

related items as chimney flues, chimney caps, dampers, doors, screens, connectors,

hearth extensions and clearances to combustibles. Fireplaces and solid fuel-burning

appliances must be installed and maintained in accordance with the IMC. The appliance

manufacturer’s installation instructions and the IMC, International Fuel Gas Code®

(IFGC®) and IPC should be consulted in determining if an appliance or mechanical

equipment is installed properly.

603.2 Removal of combustion products. All fuel-burning equipment and

appliances shall be connected to an approved chimney or vent.

Exception: Fuel-burning equipment and appliances which are labeled for

unvented operation.

* All fuel-burning appliances are required to discharge the products of combustion (flue

gases) to an approved chimney or vent (see exception). Chimneys and vents must be

capable of creating sufficient draft to properly vent the appliances served. Appliances

labeled for unvented operation such as domestic cooking appliances and gas-fired

refrigerators are exempt from this requirement. Some components of the combustion

products produced by fuel-burning appliances are toxic to humans and animals and can

cause illness and death. The most harmful component of combustion products is carbon

monoxide (CO). Typical symptoms of CO poisoning are nausea, headache, dizziness,

disorientation, confusion, rapid breathing, fatigue, flu-like symptoms and loss of

consciousness. Exposure to CO is detrimental to health in all cases and can be lethal de

pending upon its concentration, the duration of exposure and the condition of the

occupants. Combustion products must not be allowed to enter or leak into any

occupiable or habitable space. Chimneys and vents should be periodically inspected

for deterioration or blockage that could impair their operation or allow combustion

products to leak into the building. The appliance and equipment connections to a

chimney or vent should also be inspected for deterioration, blockage or separation of

connections. Evidence of chimney or vent connector decay or rusting generally indicates

improper draft. A venting system that creates insufficient draft or that is subject to

backdraft (reverse flow) will experience accelerated deterioration because of the

corrosive effect of the combustion products (flue gases). “Draft” is the pressure

differential necessary to cause the flow of flue gases from the appliance or equipment to

the chimney or vent and up to the atmosphere. Proper draft should be verified by a

trained heating technician and should be checked each time the appliance or equipment

is serviced. The exception recognizes that a chimney or vent is not required for fuel-

burning appliances that are listed and labeled for unvented operation. It is imperative

that unvented appliances be operated and maintained in strict accordance with the

manufacturer’s instructions (see the IFGC for additional requirements for unvented room

heaters).

603.3 Clearances. All required clearances to combustible materials shall be

maintained.

*Proper clearances must be maintained between combustible materials and all heat-

producing appliances and equipment. Adequate clearances are necessary to prevent the

possible ignition of combustibles. The required clearances for the labeled appliances

and equipment must be maintained in accordance with the manufacturer’s requirements.

Clearances for chimneys, vents and their connectors are also specified in the IMC and

IFGC. Frequently, an inspector will encounter combustible materials that have been

placed too close to heat-producing appliances and equipment after the initial installation.

Combustible storage, furnishings and remodeling are typical examples of such

encounters. Most occupants are unaware of the hazard created when they store

combustibles near or in contact with heat-producing appliances. It is imperative that

adequate clearances be maintained to avoid a potential fire hazard.

603.4 Safety controls. All safety controls for fuel-burning equipment shall be

maintained in effective operation.

*All appliances and heating equipment are equipped with safety controls and devices

intended to prevent fire or explosion in the event of equipment malfunction or abnormal

operation. Typical controls and devices are as follows: temperature limit switches;

pressure limit switches; pressure relief valves; low-water cutoffs; stack controls; pilot

safety controls; draft monitoring controls and flame supervision controls. These controls

are designed to prevent such conditions as overheating, excessive pressures, loss of

heat transfer medium, loss of ignition source, loss of venting means and loss of main

flame, among others. All such safety controls must be periodically tested and inspected

to verify their proper functioning and assess their reliability. Such testing and inspection

should be performed by trained technicians when the appliances are serviced and

cleaned. An inoperative or otherwise malfunctioning safety control or device could create

an extreme life safety hazard.

603.5 Combustion air. A supply of air for complete combustion of the fuel and

for ventilation of the space containing the fuel-burning equipment shall be

provided for the fuel-burning equipment.

*Combustion air includes the air necessary for complete combustion of the fuel, the air

required for draft hood dilution and the air necessary for ventilation of the enclosure in

which the appliance is located. A lack of combustion air will result in the incomplete

combustion of fuel that, in turn, causes soot production, increased CO production,

serious appliance malfunction and the risk of fire or explosion. The lack of draft hood

dilution air will result in improper draft and appliance venting. The incomplete

combustion of fuel and improper draft and venting compound each other and greatly

increase the risk of CO poisoning. The lack of ventilation air can result in excessive

temperatures in the appliance enclosure, thereby introducing the risk of overheating the

appliance and the risk of fire. In existing structures, adequate combustion air provisions

are often lacking or have been blocked, covered or otherwise defeated. Looking for

proper combustion air supply is an important part of any inspection. Fuel-burning

equipment must be provided with combustion air in accordance with the IMC and IFGC.

603.6 Energy conservation devices. Devices intended to reduce fuel

consumption by attachment to a fuel-burning appliance, to the fuel supply line

thereto, or to the vent outlet or vent piping there from, shall not be installed

unless labeled for such purpose and the installation is specifically approved.

*Energy-saving devices are required to bear the label of an approved testing agency,

must be installed in accordance with the manufacturer’s installation instructions and

must be installed with the specific approval of the code official. Improperly installed or

applied energy-saving devices can adversely affect the operation of an appliance and

cause it to become unsafe. A common example would be the improper installation of a

flue damper or restrictor device in the chimney or vent connector of a fuel-burning

appliance. The resultant installation could cause vent failure and subject the occupants

to CO poisoning. The installation of such devices would require a permit under the IFGC

or IMC.

SECTION 604

ELECTRICAL FACILITIES

604.1 Facilities required. Every occupied building shall be provided with an

electrical system in compliance with the requirements of this section and Section

605.

*This section prescribes the minimum electrical facilities that must be installed and

maintained in all buildings used for human occupancy.

604.2 Service. The size and usage of appliances and equipment shall serve as a

basis for determining the need for additional facilities in accordance with NFPA

70. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase

electrical service having a rating of not less than 60 amperes.

*This section prescribes the minimum size of the electrical service that must be provided

for all structures. The electrical service consists of the service entrance conductors,

metering devices, service grounding means, main disconnect, main overcurrent device

and typically the distribution panelboard and all overcurrent devices. The size of the

service is dependent upon the size of the load (demand). The total electrical usage or

load must be determined as prescribed in NFPA 70. If the actual load exceeds the

capacity of the service, additional capacity must be provided. In no case is the service

for a dwelling unit permitted to be less than 60 amperes. Additionally, all dwelling unit

services are to be 120/240 volt (three wire). The electrical usage in a typical dwelling unit

today requires a service of at least a 60-ampere capacity to meet the occupants’ needs.

The requirement for a three-wire (120/240 volt) service is intended to allow the use of

240-volt appliances, such as clothes dryers, air conditioners and ranges. Additionally,

appliances that operate at 240 volts consume less current, thereby conserving the

remaining capacity of the service. Overloading or constant loading to capacity subjects

the service to excessive heating and component stress. Not only does this invite failure,

but it also increases the risk of fire and creates the inconveniences of a nuisance circuit

breaker tripping or fuse blowing. Nuisance fuse blowing, in turn, encourages the

dangerous practice of replacing blown fuses with fuses of larger size. Overfusing is one

of the largest potential causes of fire in any electrical system. An inadequately sized

service could also restrict the occupants’ use of appliances by imposing non-

simultaneous use to avoid overloading the service. A service determined to be

undersized in accordance with this section and the requirements of NFPA 70 or the IRC

must be enlarged as necessary.

604.3 Electrical system hazards. Where it is found that the electrical system in

a structure constitutes a hazard to the occupants or the structure by reason of

inadequate service, improper fusing, insufficient receptacle and lighting outlets,

improper wiring or installation, deterioration or damage, or for similar reasons,

the code official shall require the defects to be corrected to eliminate the hazard.

*Any electrical system deficiency or condition that is deemed hazardous to the

occupants or to the structure must be abated to eliminate the hazard. Electrical system

hazards include, but are not limited to, the following:

*Inadequate (undersized) service;

*Improper fusing and overcurrent protection;

*Insufficient receptacle distribution;

*Lack of sufficient lighting fixtures;

*Deteriorated, damaged, worn or otherwise defective wiring, equipment and appliances;

*Improperly installed or protected wiring methods;

*Lack of proper service or equipment grounding;

*Open splices in wiring;

*Inadequately supported devices, wiring or equipment;

*Any exposed conductors or components constituting a shock hazard;

*Missing or damaged device cover plates;

*Excessive use of extension cords;

*Overloaded receptacles or circuitry; and

*Lack of ground fault circuit interrupter (GFCI) protection.

The most commonly encountered hazard is improper overcurrent protection of

conductors. Fuses and circuit breakers are devices designed to limit current flow to the

maximum safe current-carrying capacity (ampacity) of a conductor. With rare exception,

the conductor’s current-carrying capacity (ampacity) must be greater than or at least

equal to the ampere rating of the overcurrent device that supplies it. If a fuse or circuit

breaker has a larger ampere-rating capacity than the conductors it is intended to protect,

the device will permit the conductors to carry currents in excess of the conductors’

capacity. The resultant overload will cause conductor heating, insulation deterioration

and, possibly, a fire. The typical scenario is the occupant who thinks he or she has

“cured” a fuseblowing problem by substituting fuses that are larger in size. This appears

to alleviate the problem for the occupant but, in actuality, an extreme fire hazard has

been created by eliminating the circuit conductor overcurrent protection.

604.3.1 Abatement of electrical hazards associated with water exposure.

The provisions of this section shall govern the repair and replacement of

electrical systems and equipment that have been exposed to water.

*The purpose of this section is to provide enforceable provisions to the code official that

address hazards in electrical equipment that has been exposed to water. These

provisions are derived from a publication entitled “Guidelines for Handling Water-

damaged Electrical Equipment,” published by the National Electrical Manufacturers

Association (NEMA). Section 604.3.1 defines the scope of the section as pertaining to

electrical equipment and systems that have been exposed to water.

604.3.1.1 Electrical equipment. Electrical distribution equipment, motor circuits,

power equipment, transformers, wire, cable, flexible cords, wiring devices,

ground fault circuit interrupters, surge protectors, molded case circuit breakers,

low voltage fuses, luminaires, ballasts, motors and electronic control, signaling

and communication equipment that have been exposed to water shall be

replaced in accordance with the provisions of the International Building Code.

Exception: The following equipment shall be allowed to be repaired where an

inspection report from the equipment manufacturer or approved manufacturer’s

representative indicates that the equipment has not sustained damage that

requires replacement:

1. Enclosed switches, rated 600 volts or less;

2. Busway, rated 600 volts or less;

3. Panelboards, rated 600 volts or less;

4. Switchboards, rated 600 volts or less;

5. Fire pump controllers, rated 600 volts or less;

6. Manual and magnetic motor controllers;

7. Motor control centers;

8. Alternating current high-voltage circuit breakers;

9. Low-voltage power circuit breakers;

10. Protective relays, meters and current transformers;

11. Low- and medium-voltage switchgear;

12. Liquid-filled transformers;

13. Cast-resin transformers;

14. Wire or cable that is suitable for wet locations and whose ends have not been

exposed to water;

15. Wire or cable, not containing fillers, that is suitable for wet locations and

whose ends have not been exposed to water;

16. Luminaires that are listed as submersible;

17. Motors;

18. Electronic control, signaling and communication equipment.

*This section lists the types of electrical equipment that must be replaced if they have

been exposed to water such as being submerged. Protective components, such as

circuit breakers, overload relays, low voltage or medium voltage protective devices

within a switchgear assembly, and fuses are necessary for the safe operation of the

distribution circuits and should be replaced when exposed to water. The ability of a

transformer to operate as intended can be impaired by corrosion to the transformer core,

flood debris deposited inside the transformer, or contamination of the transformer fluid.

The exception to this section allows for repair of certain components of an electrical

distribution system and certain electrical equipment provided that an inspection report

from the equipment manufacturer or approved manufacturer’s representative is

submitted to the code official indicating that the level of damage to the equipment does

not warrant replacement.

604.3.2 Abatement of electrical hazards associated with fire exposure.

The provisions of this section shall govern the repair and replacement of

electrical systems and equipment that have been exposed to fire.

*This section defines the scope of the section as pertaining to electrical equipment and

systems that have been exposed to fire.

604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures,

including furnace, water heating, security system and power distribution circuits,

that have been exposed to fire, shall be replaced in accordance with the

provisions of the International Building Code.

Exception: Electrical switches, receptacles and fixtures that shall be allowed to

be repaired where an inspection report from the equipment manufacturer or

approved manufacturer’s representative indicates that the equipment has not

sustained damage that requires replacement.

*This section lists the type of electrical components and equipment that must be

replaced, where they have been exposed to fire. The ability of electrical switches,

receptacles and fixtures, including furnace, water heating, security system and power

distribution circuits, to operate as intended can be impaired by exposure to fire. The

exception to this section allows for repair of these components provided that an

inspection report from the equipment manufacturer or approved manufacturer’s

representative is submitted to the code official indicating that the level of damage to the

equipment does not warrant replacement.

SECTION 605

ELECTRICAL EQUIPMENT

605.1 Installation. All electrical equipment, wiring and appliances shall be

properly installed and maintained in a safe and approved manner.

*This section provides necessary safety requirements for electrical equipment, wiring

and appliances. All electrical equipment, wiring and appliances must be properly

installed and maintained in accordance with this code and NFPA 70 or the International

Residential Code® (IRC®). It is the responsibility of the building owner or operator to

provide and safely maintain the electrical facilities required herein.

605.2 Receptacles. Every habitable space in a dwelling shall contain at least two

separate and remote receptacle outlets. Every laundry area shall contain at least

one grounded-type receptacle or a receptacle with a ground fault circuit

interrupter. Every bathroom shall contain at least one receptacle. Any new

bathroom receptacle outlet shall have ground fault circuit interrupter protection.

*Every room or space in a dwelling unit that is used for living, sleeping, eating or cooking

must be provided with at least two separate receptacle outlets. Such outlets must be as

remote from each other as practicable. The quantity of receptacles required by this

section is less than that required by NFPA 70 for new construction, but is considered a

reasonable compromise for existing structures. This provision is intended to minimize or

eliminate the use of extension cords. The amount of electrical current that any extension

cord can safely conduct is limited by the size of its conductors. This principle is not

understood by much of the general population. As a result, extension cords are

commonly overloaded by the connection of either too many appliances or any loads in

excess of the cord’s capacity. Overloading extension cords causes an increase in the

conductor’s temperature. This increase can exceed the temperature rating of the

conductor’s insulation, causing it to melt, decompose or burn. The burning insulation can

easily start a fire, and the resultant loss of conductor insulation can cause a short circuit

or ground fault that can also act as a source of ignition. The buildup of heat in an

extension cord is often made worse by excessive cord length and by the insulating effect

of rugs that often cover these cords. Extension cords are much more susceptible to

physical damage than permanent wiring methods. Damage to cords increases the

likelihood of shorts, ground faults and poor connections, all of which can cause a fire. In

addition to the fire hazard, extension cords pose a tripping hazard to the occupants and,

when damaged, pose an electric shock hazard. Every laundry room is required to have

at least one grounded-type receptacle outlet. The appliances used in a laundry room are

of the type that require a grounding conductor for safe operation. The grounding of

appliances is a means of reducing the risk of electrical shock, which can occur when an

occupant comes in contact with a defective appliance. This section appears to allow a

GFCI-protected receptacle outlet in lieu of a grounded-type receptacle; however, this is

only allowed for very limited circumstances by NFPA 70. As a general rule, GFIC

protection is not a substitute for grounding-type receptacles. Every bathroom must have

at least one receptacle outlet to accommodate the many grooming and personal hygiene

appliances that are commonly used in bathrooms. This requirement also applies to toilet

rooms with lavatories that do not contain bathing fixtures, as they could also be used for

grooming and personal hygiene purposes. If a bathroom receptacle outlet has to be

installed in order to achieve compliance with this section, this code, NFPA70 and the

IRC, all would require GFCI protection for such outlet. The installation of a receptacle

where one previously did not exist is considered new work and must comply with the

provisions of NFPA 70 or the IRC.

605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen,

bathroom, laundry room, boiler room and furnace room shall contain at least one

electric luminaire.

*Permanent lighting outlets must be provided to illuminate hallways, stairways, toilet

rooms, bathrooms, laundry rooms, kitchens and furnace and boiler rooms. The activities

in such spaces are not compatible with portable lighting such as floor or table lamps;

therefore, permanent lighting outlets (fixtures/luminaires) are required. In all other

spaces, it is assumed that the occupants will provide lamps or other portable fixtures to

meet their artificial lighting needs when natural lighting does not exist. Adequate lighting

is necessary for occupants to traverse stairs and corridors without undue hazard; to

allow for the proper use of plumbing fixtures and appliances; and to allow for servicing of

appliances. Furnace and boiler rooms are defined terms in the IMC, and the term

“furnace room” also applies to a room containing a water heater.

SECTION 607

DUCT SYSTEMS

607.1 General. Duct systems shall be maintained free of obstructions and shall

be capable of performing the required function.

*Exhaust ducts for toilet rooms, bathrooms, kitchens and clothes dryers require

maintenance to prevent blockages and obstructions that can cause appliance/equipment

malfunction, poor performance and potential fire hazards. Heating, cooling and

ventilation ducts also need to be maintained to allow proper airflow, to maintain proper

HVAC equipment operation and to help eliminate air-borne contaminants that could

cause health hazards. Ducts can collect hazardous quantities of grease, lint, dust and

debris that could be potential fire hazards. Duct systems of all types are typically ignored

by building owners and occupants and thus receive little or no maintenance.

Chapter 7:

Fire Safety Requirements

General Comments

Chapter 7 establishes minimum requirements for fire safety facilities and fire protection

systems. A critical element that must be investigated during an inspection is the

condition of fire safety systems. These provisions take on even greater importance in

those jurisdictions where periodic fire inspections are not conducted in accordance with

a comprehensive fire code. In jurisdictions where fire inspections are regularly

performed on existing facilities, all inspections must be coordinated with cooperation

between the appropriate officials to alleviate multiple and duplicative notices and, at the

worst, conflicting instructions. A great potential for a fatal fire occurs where people

sleep—dwelling units, hotels, motels, nursing homes, etc. The reasons for the increased

hazard are obvious: there are often delayed reactions before people notice a fire

(occupants waking from sleep are temporarily confused), rooms are darkened and the

occupants are dressed in bedclothes. All of these circumstances reduce the reaction

time of the occupants and increase the likelihood that they will make a fatal

misjudgment.

Purpose

Building codes regulating new construction are intended to verify that prior to occupancy,

the building has been constructed in a manner that will provide the occupants a relatively

safe and secure environment. Once these new structures are occupied, a variety of

hazards inherent in their use may arise. Often, these hazards are unanticipated and can

affect the overall safety of the occupants. The purpose of Chapter 7 is to address those

fire hazards that arise as the result of a building’s occupancy. It also provides minimum

requirements for fire safety issues that are most likely to arise in older buildings.

701.1 Scope. The provisions of this chapter shall govern the minimum conditions

and standards for fire safety relating to structures and exterior premises,

including fire safety facilities and equipment to be provided. All references to the

International Fire Code shall be replaced with the Florida Fire Prevention Code.

*In the International Codes® (I-Codes®), the foremost code to address fire safety in

existing buildings is the International Fire Code® (IFC®). Fire safety is also within the

scope of the code; however, for correlation with the IFC most of the requirements of

Chapter 7 either parallel or directly reference that code. As stated in the preface to this

commentary, sections of this chapter with the [F] designation in front of the section

number are controlled initially by the International Fire Code Development Committee

during the annual code change process of the International Code Council ® (ICC®),

thereby preventing conflicts between the code and the IFC. Fire safety requirements

having to do with means of egress, fire-resistance rating of building elements and fire

protection systems, such as sprinklers and smoke detectors, are addressed in this

chapter. Fire safety topics such as storage of combustibles, use or storage of hazardous

materials and the regulation of certain activities or operations within buildings that

contribute to the fire hazard are covered exclusively in the IFC.

701.2 Responsibility. The owner of the premises shall provide and maintain

such fire safety facilities and equipment in compliance with these requirements. A

person shall not occupy as owner-occupant or permit another person to occupy

any premises that do not comply with the requirements of this chapter.

*The owner of the premises should provide and maintain such fire safety facilities and

equipment in compliance with these requirements. A person should not occupy as

owner-occupant or allow another person to occupy any premises that does not comply

with the requirements of this chapter. This section clearly establishes that the owner of

the premises is responsible for compliance with these requirements. Whereas occupants

who are not owners have some responsibility in regard to clean and safe conditions

within individual dwelling units (see Section 301.2), the requirements of this chapter

pertain to building systems and components that are not typically under the control of the

occupants.

[F] SECTION 702

MEANS OF EGRESS

Means of egress in existing buildings is regulated by the IFC. The IFC contains

provisions for number of exits, egress width, stairs, guards, handrails, corridors,

dead ends, obstructed exits, exit signs and other requirements for evaluating the

means of egress in existing buildings. Aisles, locked doors and emergency

escape openings are life safety features that are frequently affected by routine

operations in existing buildings, and can be inspected by property maintenance

inspectors in the course of a typical inspection. These topics, therefore, are

included in the subsections of Section 702 of the IPMC.

702.1 General. A safe, continuous and unobstructed path of travel shall be

provided from any point in a building or structure to the public way. Means of

egress shall comply with the International Fire Code.

*Even a slight delay in a fire situation can mean the difference between life and death.

Dangerous levels of smoke can develop in a deceptively quick manner at the early

stages of a fire, and obstruction to means of egress or insufficient means of egress very

often leads to tragedy in a fire. This section prohibits obstruction of corridors, hallways

and stairs by miscellaneous storage that could delay egress. It also prohibits dead-end

corridors or passageways that could cause confusion or require occupants to retrace

their steps to find a way out of the building. Specific requirements for means of egress

such as permissible length of dead-end corridors or required means of egress width, are

found in the IFC.

702.2 Aisles. The required width of aisles in accordance with the International

Fire Code shall be unobstructed.

*Assembly occupancies that contain seats, tables, displays and similar furnishings or

equipment present a unique challenge for efficient and orderly exiting in an emergency

situation. For this reason, the IFC contains detailed requirements for the configuration,

width and availability of aisles in these occupancies. This section requires that aisles be

unobstructed so that they will serve their intended (and required) function.

702.3 Locked doors. All means of egress doors shall be readily openable from

the side from which egress is to be made without the need for keys, special

knowledge or effort, except where the door hardware conforms to that permitted

by the International Building Code.

*One of the fundamental principles of means of egress in both new and existing

buildings is that doors must be readily operable from the “egress side” (the side

occupants approach in order to exit the building). Locks that require key operation from

the inside are prohibited except in very limited circumstances involving security at main

entrance doors for certain occupancies as prescribed in the International Building Code®

(IBC®). Locks that are operated from the interior, such as thumb turns or flush bolts, are

typically prohibited since they require special knowledge or effort, although this is subject

to the judgement of the code official in existing buildings. Doors that are locked from the

exterior of the building but are released by the unlatching mechanism from the interior,

such as panic hardware and security hardware involving doorknobs or lever

mechanisms, are the preferred alternative if security is needed.

702.4 Emergency escape openings. Required emergency escape openings

shall be maintained in accordance with the code in effect at the time of

construction, and the following. Required emergency escape and rescue

openings shall be operational from the inside of the room without the use of keys

or tools. Bars, grilles, grates or similar devices are permitted to be placed over

emergency escape and rescue openings provided the minimum net clear

opening size complies with the code that was in effect at the time of construction

and such devices shall be releasable or removable from the inside without the

use of a key, tool or force greater than that which is required for normal operation

of the escape and rescue opening.

*This section of the code takes into account that many changes have occurred over the

years in the many editions of the construction codes. The provisions for emergency

escape and rescue openings are only subject to the code that is in effect at the time of

construction, rather than expecting all structures to retroactively meet the requirements

of each new code. “Required emergency escape openings” refers to the escape

windows and doors that are required for sleeping rooms and basements in new

construction. In the IBC, emergency escape openings are required from all basements

as well as all sleeping rooms; however, codes for new construction prior to the

development of the IBC did not require emergency escape windows in basements

without sleeping rooms. The intent of this section is that emergency escape openings

that were required at the time of a building’s construction be maintained unobstructed. It

prohibits the installation of security devices on these required openings unless the

windows or doors provide a net clear opening of at least that which is required for new

construction in accordance with the IBC. If installed, these devices must be removable

(or movable to provide the required net clear opening space) in a manner that facilitates

the quick use of the window in an emergency situation; therefore, security devices that

require the unscrewing of screws or bolts, prying with a bar or unlocking with a key in

order to be removed or moved are not permitted on these openings. In addition, they

must not require excessive force for their removal, since they may need to be operated

by children or the elderly.

[F] SECTION 703

FIRE-RESISTANCE RATINGS

*Required fire-resistance-rated walls and opening protectives are those elements

that are required to be rated in accordance with the code that was in effect at

the time of construction. This section requires that these be maintained so that

they will perform their intended function.

703.1 Fire-resistance-rated assemblies. The required fire resistance rating of

fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall

be maintained.

*The “required fire-resistance rating” means the required rating of walls or floors at the

time of construction. These required rated assemblies cannot be compromised in terms

of construction or they will not perform as intended in a fire emergency. For instance,

holes for running pipe or cable cannot be created in rated corridor walls where they

extend above the ceiling line if the rated walls were required at the time of construction

to extend to the floor deck above. Penetrations of this type would be prohibited unless

protected as set forth in the IBC for new construction. Similarly, wall sheathing on rated

walls cannot be removed and replaced unless the new material conforms to the listing

for the rated wall.

703.2 Opening protectives. Required opening protectives shall be maintained in

an operative condition. All fire and smokestop doors shall be maintained in

operable condition. Fire doors and smoke barrier doors shall not be blocked or

obstructed or otherwise made inoperable.

*Opening protectives are window and door assemblies that have been tested in

accordance with the applicable standard and have a fire protection rating. For example,

corridor walls that are required to be rated are also required to have rated door

assemblies (typically 20 minutes) protecting the door openings. These doors are

required to be self-closing or automatic closing so that they can serve their intended

function and limit the spread of smoke and fire in a fire emergency. If a closer is

removed or the door is propped open by a doorstop, the door has been made inoperable

and would allow the free passage of flame and smoke as if the opening were not

protected. Similarly, if a fire shutter protecting a window opening is removed or propped

open such that it will not operate upon detection of heat, it has been made inoperable

and violates this section of the code.

[F] SECTION 704

FIRE PROTECTION SYSTEMS

*Smoke detectors are an essential life safety feature in residential occupancies,

and are the only fire protection devices that are required in all dwellings;

therefore, the code contains provisions for them and references the IFC for

installation details.

704.1 General. All systems, devices and equipment to detect a fire, actuate an

alarm, or suppress or control a fire or any combination thereof shall be

maintained in an operable condition at all times in accordance with the

International Fire Code.

*Fire protection systems currently in existing buildings, including sprinklers, standpipes,

smoke detectors and fire alarms, are regulated by the IFC (see Figure 704.2).

704.1.1 Automatic sprinkler systems. Inspection, testing and maintenance of

automatic sprinkler systems shall be in accordance with NFPA 25.

*This section gives the code official the necessary requirements for the inspection,

testing and maintenance of fire sprinklers, fire pumps, standpipes, etc., on existing

buildings. This information will be useful in areas where the property maintenance

inspector is the individual verifying the requirements.

704.2 Smoke alarms. Single- or multiple-station smoke alarms shall be installed

and maintained in Groups R-2, R-3, R-4 and in dwellings not regulated in Group

R occupancies, regardless of occupant load at all of the following locations:

1. On the ceiling or wall outside of each separate sleeping area in the immediate

vicinity of bedrooms.

2. In each room used for sleeping purposes.

3. In each story within a dwelling unit, including basements and cellars but not

including crawl spaces and uninhabitable attics. In dwellings or dwelling units

with split levels and without an intervening door between the adjacent levels, a

smoke alarm installed on the upper level shall suffice for the adjacent lower level

provided that the lower level is less than one full story below the upper level.

Single- or multiple-station smoke alarms shall be installed in other groups in

accordance with the International Fire Code.

*The greatest danger associated with dwelling units and sleeping rooms is the fact that

occupants may be asleep and unaware of a fire developing in the room or egress path.

Single- or multiple-station smoke alarms must be provided in the sleeping room and any

intervening room or space between the sleeping room and the exit access door from the

room to increase the likelihood of a fire being detected, therefore improving the ability of

sleeping occupants to respond. If the dwelling unit or suite involves more than one level,

a smoke alarm must also be provided on every separate level. Smoke alarms are

required in split-level arrangements, except those that meet the conditions described

in Item 3. All smoke alarms within a guestroom or suite must be interconnected so that

actuation of one alarm will actuate all smoke alarms within the guestroom or suite.

704.3 Power source. In Group R occupancies and in dwellings not regulated as

Group R occupancies, single-station smoke alarms shall receive their primary

power from the building wiring provided that such wiring is served from a

commercial source and shall be equipped with a battery backup. Smoke alarms

shall emit a signal when the batteries are low. Wiring shall be permanent and

without a disconnecting switch other than as required for overcurrent protection.

Exception: Smoke alarms are permitted to be solely battery operated in

buildings where no construction is taking place, buildings that are not served

from a commercial power source and in existing areas of buildings undergoing

alterations or repairs that do not result in the removal of interior wall or ceiling

finishes exposing the structure, unless there is an attic, crawl space or basement

available which could provide access for building wiring without the removal of

interior finishes.

*Smoke alarms are required to utilize alternating current (AC) as a primary power source

and battery power as a secondary source in order to enhance their reliability. For

example, during a power outage, the probability of fire is never decreased; in fact, it is

increased somewhat because of the use of candles or lanterns for temporary lighting

and the possibility of lightning-related fire. Required backup battery power is intended to

provide for continued performance of the smoke alarms. Smoke alarms are commonly

designed to emit a recurring signal when batteries are low and need to be replaced.

Certain Group R-1 occupancies may already have an emergency electrical system

provided in the building to monitor other building system conditions. The emergency

electrical system provides an equivalent level of reliability as compared to battery

backup; therefore, backup would be unnecessary as stated in the exception. It is not the

intent of the code to require smoke alarms in all existing buildings to be served from a

commercial power source (120 volts AC). Battery-operated smoke alarms may be the

only power source when a commercial power source is not available or when extensive

alteration or repairs are not being conducted in a building. Where permanent building

wiring can be installed without the removal of interior finishes, this section recognizes the

increased reliability that a “hard-wired” commercial power source can provide; therefore,

where feasible, permanent wiring should be provided.

704.4 Interconnection. Where more than one smoke alarm is required to be

installed within an individual dwelling unit in Group R-2, R-3, R-4 and in dwellings

not regulated as Group R occupancies, the smoke alarms shall be

interconnected in such a manner that the activation of one alarm will activate all

of the alarms in the individual unit. The alarm shall be clearly audible in all

bedrooms over background noise levels with all intervening doors closed.

Exceptions:

1. Interconnection is not required in buildings which are not undergoing

alterations, repairs or construction of any kind.

2. Smoke alarms in existing areas are not required to be interconnected where

alterations or repairs do not result in the removal of interior wall or ceiling finishes

exposing the structure, unless there is an attic, crawl space or basement

available which could provide access for interconnection without the removal of

interior finishes.

*The installation of smoke alarms in areas remote from the sleeping area will be of

minimal value if the alarm is not heard by the occupants. Interconnection of multiple

smoke alarms within an individual dwelling unit, guestroom or suite is required in order to

alert a sleeping occupant of a remote fire within the unit before the products of

combustion reach the smoke alarm in the sleeping area, thus providing additional time

for evacuation. It should be noted that the term “interconnection” is intended to allow the

use of not only hard-wired systems, but also those that use radio signals (wireless

systems) (see Section 907.6.1 of the IBC.) Underwriters Laboratories, Inc. (UL) has

listed smoke alarms that use this new technology. It is presumed that on safely

evacuating the unit or room of fire origin, an occupant will notify other occupants by

actuating the manual fire alarm system or other means available. Exception 1 permits

only battery-operated smoke alarms in existing buildings to not be interconnected. The

exception recognizes the impracticality of hard wiring and interconnecting smoke alarms

in existing buildings that may or may not have a commercial power source available.

Exception 2 recognizes that interconnecting smoke alarms is typically not feasible unless

the extent of alterations or repairs results in adequate access being made available for

such interconnection.

Appendix A:

Boarding Standard

Appendix A provides minimum specifications for boarding a structure. This can

be utilized by a jurisdiction as a set of minimum requirements in order to result in

consistent boarding quality. These requirements also provide a reasonable

means to eliminate having to approve numerous methods or materials for the

boarding and securing of a structure. It is important to note that the provisions

of Appendix A are not mandatory unless specifically referenced in the adopting

ordinance of the jurisdiction having authority.

A101

GENERAL

A101.1 General. All windows and doors shall be boarded in an approved manner

to prevent entry by unauthorized persons and shall be painted to correspond to

the color of the existing structure.

A102

MATERIALS

A102.1 Boarding sheet material. Boarding sheet material shall be minimum

1/2-inch (12.7 mm) thick wood structural panels complying with the International

Building Code.

A102.2 Boarding framing material. Boarding framing material shall be

minimum nominal 2-inch by 4-inch (51mmby 102 mm) solid sawn lumber

complying with the International Building Code.

A102.3 Boarding fasteners. Boarding fasteners shall be minimum 3/8-inch (9.5

mm) diameter carriage bolts of such a length as required to penetrate the

assembly and as required to adequately attach the washers and nuts. Washers

and nuts shall comply with the International Building Code.

A103

INSTALLATION

A103.1 Boarding installation. The boarding installation shall be in accordance

with Figures A103.1(1) and A103.1(2) and Sections A103.2 through A103.5.

A103.2 Boarding sheet material. The boarding sheet material shall be cut to fit

the door or window opening neatly or shall be cut to provide an equal overlap at

the perimeter of the door or window.

A103.3 Windows. The window shall be opened to allow the carriage bolt to pass

through or the window sash shall be removed and stored. The 2-inch by 4-inch

(51 mm by 102 mm) strong back framing material shall be cut minimum 2 inches

(51 mm) wider than the window opening and shall be placed on the inside of the

window opening 6 inches minimum above the bottom and below the top of the

window opening. The framing and boarding shall be predrilled. The assembly

shall be aligned and the bolts, washers and nuts shall be installed and secured.

A103.4 Door walls. The door opening shall be framed with minimum 2-inch by 4-

inch (51 mm by 102 mm) framing material secured at the entire perimeter and

vertical members at not more than 24 inches (610 mm) on center. Blocking shall

also be secured at not more than 48 inches (1219 mm) on center vertically.

Boarding sheet material shall be secured with screws and nails alternating every

6 inches (152 mm) on center.

A103.5 Doors. Doors shall be secured by the same method as for windows or

door openings. One door to the structure shall be available for authorized entry

and shall be secured and locked in an approved manner.

APPENDIX A

APPENDIX A2