14 - INTERNATIONAL PROPERTY MAINTENANCE CODEItem No. 14
memorandum
TO: Mayor & City Council
FROM: John Godwin, City Manager
SUBJECT: INTERNATIONAL PROPERTY MAINTENANCE CODE
DATE: August 25, 2016
BACKGROUND: Cities like Paris have been inspecting new construction and repairs /remodels
for very many years in an effort to ensure structures are built in a reasonably safe manner.
Unfortunately, in Paris, once that construction project is completed, there is very little the city
can do to ensure it stays safe. This is often a special problem with older rental properties that can
contain dangerous wiring, inadequate plumbing and ventilation, disease vectors, etc. The IPMC
is a model code that creates minimum maintenance requirements for existing buildings,
establishing standards for ventilation, occupancy, pest control, pool safety, lighting, heating,
sanitation, and fire safety. In place and enforced, the code can maintain the overall quality of
Paris's housing stock, and also enhance the safety and health of persons living here.
In the case of Paris, adoption of the IPMC would put structural concerns on a par with other code
enforcement issues like weeds and rubbish, junk, vacant structures, etc. Now, if a building is
occupied, no matter how bad or dangerous it might be, we are limited as to what we can do, and
how fast we can act. We never want to be a city that puts anyone out of their home, but we
should not be a city that allows people to live in substandard conditions because we do not have
the teeth to compel a landlord to make needed repairs. The code puts the responsibility on the
owner and allows code enforcement to act almost immediately. The Building Standards
Commission would still be involved, serving as an appeal board for property owners who believe
themselves to be aggrieved by an action of city staff.
STATUS OF ISSUE: The council gave its general agreement to adoption of this code in July.
Since that time, we have completed a series of amendments to ensure the code as adopted here
will address our specific needs and concerns.
BUDGET: NA.
RECOMMENDATION: Adopt IPMC as amended.
Draft
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING CHAPTER 7 OF THE PARIS CODE OF ORDINANCES, BY
AMENDING SECTION 7 -16, AS HERETOFORE AMENDED; PROVIDING FOR
ADOPTION OF THE 2015 INTERNATIONAL PROPERTY MAINTENANCE
CODE AND CERTAIN LOCAL AMENDMENTS; PROVIDING A PENALTY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Paris, Texas has previously adopted the International
Residential Code, the National Electrical Code, the International Building Code and the
International Existing Building Code to ensure the safety of buildings and structures in the
City; and
WHEREAS, the City Council desires to adopt International Property Maintenance
Code with certain amendments as an additional tool to allow the City to enforce minimum
maintenance requirements to ensure the safety of existing buildings and to enhance the
safety and health of the citizens of Paris; and
WHEREAS, the City Council finds that it is in the public interest to adopt said
International Property Maintenance code with the amendments described herein; now,
therefore,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That Section 7 -16 (a) "Building Codes — Adoption," of Chapter 7,
"Buildings and Building Regulations," of the City of Paris Code of Ordinances is hereby
amended to add the following as Section 7 -16 (a)(5):
"(5) Property Maintenance Code shall mean the 2015 International Property
Maintenance Code, including any and all amendments or revisions thereto
adopted."
Section 2. That Section 7- 16(g), "building Codes - Adoption," of Chapter 7,
"buildings and Building Regulations," of the City of Paris Code of Ordinances is hereby
amended to read as follows:
"(g) In conformance with Subchapter G, Chapter 214, Sections 214.211 through
214.216 of the Texas Local Government Code, the 2015 International Property
Maintenance Code, including all local amendments thereto approved by the City
Council as set forth herein in Sec. 7 -18 in this code, shall be and is hereafter
adopted as the Property Maintenance Code of Paris. The 2015 International
Property Maintenance Code, as amended, shall regulate and govern the conditions
and maintenance of all property, buildings and structures; by providing the
standards for supplied utilities and facilities and other physical things and
conditions essential to ensure that structures are safe, sanitary and fit for
occupation and use; and the condemnation of buildings and structures unfit for
human occupancy and use, and the demolition of such existing structures as herein
provided; and providing for the issuance of collection of fees therefor. The City
Council may adopt additional local amendments to the International Property
Maintenance Code and for the administration and enforcement of the International
Property Maintenance Code."
Section 3. That Section 7 -16, "Building Codes - Adoption," of Chapter 7,
"Buildings and Building Regulations," of the City of Paris Code of Ordinances is hereby
amended to add the following as Section 7- 16(g):
"(g) Copies of the 2006 International Building Code, 2006 International Existing
Building Code, 2006 International Residential Code, the 2008 National Electrical
Code and the 2015 International Property Maintenance Code will be maintained
on file in the office of the city engineering, planning and development department
and the city public library, and the provisions thereof shall be controlling as set
out herein in the construction of all buildings and other structures within the
corporate limits of the City of Paris, Texas."
Section 4. That Section 7 -18, "Same- Amendments," of Chapter 7, "Buildings and
Building Regulations," of the Paris Code of Ordinances is hereby amended to read as
follows:
"Sec. 7 -18. - Same — Amendments.
The codes adopted by section 7 -16 are hereby amended as set out in this
section:
"The 2006 International Building Code, the 2006 International Existing
Building Code and the 2006 International Residential Building Code, are
amended as follows:
Section 113 Violations.
"Section 113.4 Violation Penalties is hereby amended to read as follows:
"Section 113.4 Violation Penalties. A person who shall violate a provision
of this Code or who fails to comply herewith or with any of the requirements hereof,
or who shall erect, construct, alter or repair, or who has erected, constructed, altered
or repaired a building or structure in violation of a detailed statement or plan
submitted and approved hereunder, or of a permit or certificate issued hereunder,
shall be guilty of a misdemeanor and, upon conviction, shall be fined in any sum not
to exceed two thousand dollars ($2,000.00) for violations affecting fire safety, zoning
or public health and sanitation and not exceeding five hundred dollars ($500.00) per
violation in all other cases; and each and every day's continuance of any violation of
the provisions of this code shall constitute and be deemed a separate offense.
"The 2006 International Building Code is amended as follows:
'Appendix A, Employee Qualifications, is deleted.
"Appendix H, Signs, is deleted.
'Appendix K, ICC Electrical Code, is deleted.
'"The 2015 International Property Maintenance Code, 2015 Edition, are hereby
amended as follows:
"Section 101.1, Title, is amended to read as follows:
"101.1 Title. These regulations shall be known as the Property Maintenance
Code of the City of Paris, hereinafter referred to as "this code."
"Section 101.3, Intent, is amended to read as follows:
"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 declared a public
nuisance and shall be abated by repair, rehabilitation, vacation, demolition or removal
as to provide a minimum level of health, welfare and safety as required herein. This
code is an exercise of the City's police power, and it shall be liberally construed to
affect this purpose.
"Section 103.1, General, is amended to read as follows:
"103.1 General. This code shall be administered by the Fire Department
and the official in charge thereof shall be known as the code official.
"Sections 103.2, Appointment; 103.3, Deputies; 103.4, Liability; and 103.5, Fees are
deleted.
"Section 106.4, Violation Penalties, is amended to read as follows:
"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
guilty of a misdemeanor and, upon conviction, shall be fined in any sum not to exceed
two thousand dollars ($2,000.00) for violation affecting fire safety, zoning or public
health and sanitation, and not exceeding five hundred dollars ($500.00) per violation
in all other cases; and each and every day's continuance of any violation of the
provisions of this code shall constitute and be deemed a separate offense.
"Section 111.2, Membership of board, is amended to read as follows:
"111.2. Membership of board. The Paris Building & Standards Commission
shall serve as the board of appeals.
"Section 112.4, Failure to comply is deleted.
"Section 201.5, Parts, is amended to read as follows:
"201.5 Parts. Whenever the words "dwelling unit," "dwelling," "premises,"
"building," "rooming house," "rooming unit," "housekeeping unit," "story," "structure"
or "vehicle" are stated in this code, they shall be construed as though they were
followed by the words "or any part thereof."
"Section 202, the following definitions are hereby added or amended to read as
follows:
"APPROVED SURFACE. Permitted parking and /or storage spaces for all
motorized or non - motorized vehicles, trailers, machinery and equipment
shall be made permanently available for such purposes and be constructed
using either asphalt or concrete pavement, approved concrete paving stones,
or other accepted paving surfaces, as approved by the city engineer, and shall
be maintained and repaired or replaced if found to be in disrepair.
"ATTRACTIVE NUISANCE. All premises within the city which cause the
circumstance and /or condition that would reasonably attract any person and
such circumstance and /or condition which may constitute a danger to the
person(s). Attractive nuisances include, but are not limited to, unused or
abandoned refrigerators, freezers or other such large appliances or
equipment or any parts thereof, any structurally unsound or unsafe fence or
building edifice; any unsecured or abandoned excavation pit, well, cistern,
storage tank or shaft; any collection of scrap lumber, trash, vegetation or
other similar items; or unattended machinery or equipment, unsecured,
abandoned or vacant buildings, open and unattended vehicles or vehicle
trunks, or other similar unguarded conditions or situations that would injure
or cause injury to any person(s).
"CAR COVER. A cover that is specifically manufactured and commercially
retailed for the purpose of covering a vehicle. This cover can be a cover
designed for the specific vehicle or type of vehicle or may be designed for a
generic vehicle. The cover must be completely opaque, conceal the vehicle
entirely and be securely fastened at all times. Generic tarps are not a
permitted car cover.
"DIRT AND FILTH. Dirt and filth means and includes, but is not limited to,
floor, sidewalk, street and other surface sweepings; discards from vacuum
cleaners; soot; ashes; matter removed from gutters and downspouts;
accumulations of dust, residue from fire other than soot and ashes; hair from
humans and animals; and all other discarded, unused and seemingly
worthless goods and commodities not otherwise described in this ordinance.
"DRIVEWAY. The driveway is the permitted surfaced roadway leading from
the public right -of -way to a legal parking space.
"GARBAGE. Any and all dead animals of less than ten (10) pounds in weight;
every accumulation of waste (animal, vegetable, and /or other matter) that
results from the preparation, processing (for consumption), dealing in,
handling, packing, canning, storage, transportation, decay or decomposition
of meats, fish, fowl, birds, fruits, grains, or other animal or vegetable matter;
or other putrescible waste, including, but not limited to, discarded food
wrappings and containers, paper, plastic and metal products used or
intended for use in connection with the storage, sale, preparation or "clean-
up" relating to food items; egg shells; used coffee grounds; used tea bags;
meat trimmings; entrails of animals, poultry or fish; offal; medical wastes
including bandages, syringes, medicines, plaster or other casts; and
decomposed putrid material; whether such items are alone or in combination
with other materials.
"INOPERABLE VEHICLE. A vehicle, either motorized or non - motorized,
and /or its parts self - propelled and which cannot be driven or operated upon
the public streets for reasons including but not limited to being unlicensed,
un- roadworthy, wrecked, abandoned, in a state of disrepair, or if motorized,
incapable of being moved.
"JUNK. Scrapped, broken, or neglected items and materials. Junk includes
items such as plastic, cloth, glass, rags, paper or metals that can be converted
into usable articles or stock, or articles that have outlived their usefulness in
their original form. Examples of "junk" include, but are not limited to, empty
bottles and jars; empty metal, plastic or paper products; discarded engine or
motor parts; automobile and truck parts of all descriptions; used tires,
wheels and inner tubes; discarded batteries; cardboard; discarded and /or
pre -used building materials; discarded and /or pre -used electrical and
plumbing materials; broken pieces of concrete; discarded, broken, or
neglected electrical, gas or hand - operated appliances; previously used
packing materials; discarded, broken, or neglected household goods and
furnishing; or any household item, including plumbing fixtures and materials,
located outdoors that is designed for indoor use; as well as parts and pieces
of any of the foregoing.
"JUNK VEHICLES. Any vehicle that is self - propelled and does not having
lawfully attached to it an unexpired license plate; and is wrecked, dismantled
or partially dismantled, or discarded; or is inoperable and has remained
inoperable for more than: seventy -two (72) consecutive hours if the vehicle
is on public property, or ten (10) consecutive day, if the vehicle is on private
property.
"LITTER. Tangible personal property which has been unlawfully scattered
and /or abandoned in a public place, typically outdoors, as a form of solid
waste; material which, if thrown or deposited, creates a danger to public
health, safety and welfare. Litter is further defined as hazardous, reusable -
recyclable, non - hazardous, or non - usable material. Litter includes, but is not
limited to, polystyrene foam, plastics, cigarette butts, candy and gum
wrappers, paper towels, food wastes, chip bags, aluminum and steel cans,
leather, rubber, clothing, textiles, wood, glass, metal, abandoned tires, vehicle
parts, or other such debris that has fallen onto a public right -of -way or
easement as a result of negligent litter; litter from trash - hauling vehicles,
unsecured loads, or construction sites.
"PLANTING, PARKING STRIP, PARKWAY. The area of the right -of -way
between the constructed curb or edge of the roadway and the adjoining
property line, exclusive of any improved sidewalk or any established
pedestrian path.
"PUBLICLY VISIBLE OR PUBLIC VIEW. Anything that can be seen by a
person with normal vision from any sidewalk, street, alley or other public
place or from any building situated on an adjoining property.
"PUBLIC NUISANCE. A nuisance consists of doing an unlawful act, or
omitting to perform a duty, or permitting an action or condition to occur or
exist which intrudes, annoys, injures or endangers the comfort, repose,
health or safety of others, is unreasonably offensive to the senses, or which
interferes with or disrupts a neighbor's or citizen's ability to freely use or
enjoy their properties or public property. Such nuisances include, but are not
limited to, the following:
"A. Unsecured attractive nuisances;
"B. Conditions or acts which annoy, injure, or endanger the comfort, repose,
health, or safety of others;
"C. Conditions or acts which are offensive to the senses;
"D. Conditions or acts which interfere with, obstruct, or tend to obstruct or
render dangerous for passage any stream, public park, parkway, square,
sidewalk, street, or highway and other rights -of -way in the city;
"E. Illicit discharges into the municipal storm drainage system;
"F. Unauthorized interference with, damage to, or polluting of designated
habitat areas, publicly owned restoration sites, streams, creeks, lakes,
wetlands, or tributaries and similar areas thereto;
"G. Conditions or acts which obstruct the free use of property so as to
interfere with the comfortable enjoyment of life and property;
"H. Conditions or acts which lead to blight and contribute to the deterioration
of the neighborhood or adjoining property;
"I. The improper parking or storage of vehicles on any residential lots which
impedes the use of yard areas for light, air circulation, recreation, and
landscaping; and
"J. A violation of any City of Paris ordinance.
"PREMISES. Any building, lot, parcel, alley, real estate or land or portion of
land whether improved or unimproved, including adjacent sidewalks,
parking strips and street.
"PUBLIC RIGHT -OF -WAY OR RIGHT -OF -WAY. "Right -of -way" means all
real property owned or held by the city in fee, or by way of easement, or
dedicated to the public and located within the city, and used or intended for
use as a street, alley, sidewalk, park, trail, public way or easement for public
or private utilities, whether developed or undeveloped.
"SCREENING /SCREENED. A permitted continuous solid fence, landscape
planting of sufficient density that is not affected by seasonal change, a
continuous wall, chain -link fence combined with commercially designed and
manufactured fence slats rated at 90% plus sight obscuring or chain -link
fence combined with commercially designed and manufactured
privacy /windscreen material rated at 90% plus sight obscuring or
combination thereof that is at least 6 -feet in height that would effectively
screen a property from public view in which it encloses. Any dead or dying
portion of the hedge shall be replaced. Fencing and screening materials must
be maintained in good repair or replaced if worn or damaged. All gates
leading into the enclosed area must also effectively screen the property and
be kept closed. Where inoperable vehicle(s) within a screened area are
visible from a neighboring structure, a car cover as defined herein, or a
permitted temporary structure, must be used to further screen the vehicle. A
covering /barrier such as a tarp or similar material is not permitted
screening.
"TRASH AND WASTE. Trash and waste means, but is not limited to ashes;
leaves; branches and trimmings from trees, shrubs and hedges; discarded
Christmas trees; excrement and undigested residue of food eliminated by
humans, animals, fish and birds; lawn, yard, garden, shrub and tree
trimmings; garbage, junk and filth; discarded clothing of all descriptions;
decayed or decaying materials of all kinds and descriptions; and insect -
infested materials of all kinds and descriptions; whether such items are alone
or in combination with other materials.
"VEHICLE. A vehicle includes every device capable of being moved upon a
public highway and in, upon, or by which any persons or property is or may
be transported or drawn upon a public highway, including but not limited to,
automobiles, motorcycles, trucks, buses, motorized recreational vehicles,
campers, travel trailers, boat trailers, utility trailers, or other similar devices
capable of moving or being moved on public right -of -way, and shall also
include parts of vehicles.
"WATERCRAFT. A watercraft means any boat, vessel, or other craft used for
navigation on or through water.
"WEEDS. Weeds shall mean vegetation that because of its height is
objectionable, unsightly, or unsanitary, but excluding cultivated crops,
shrubs, bushes, trees, flowers, and vines.
"YARD. Any open space on a lot or lots.
"Section 302.1, Sanitation, is amended to read as follows:
"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 free of junk, garbage, trash, rubbish, filth and waste.
"Section 302.3, Sidewalks and driveways, is amended to read as follows:
"302.3 Sidewalks and driveways. All sidewalks, walkways, stairs,
driveways, parking and /or planting strips, parking spaces and similar areas
shall be kept in a proper state of repair, and maintained free from
encumbrances and hazardous conditions.
"Section 302.4, Weeds, is amended to read as follows:
"302.4 Weeds, grass or vegetation. All premises and exterior property
including any unimproved portion of any street or alley to the center thereof,
and the portion of any improved street within the area known as the parking
strip, bordering on any such lot or lots, land or lands, shall be maintained free
from weeds or plant growth in excess of 12 inches. All noxious weeds shall be
prohibited.
"Upon failure of the owner or agent having charge of a property to cut and
destroy weeds after service of a notice of violation, they shall be subject to
prosecution in accordance with Section 106.3 and as prescribed by the
authority having jurisdiction. Upon failure to comply with the notice of
violation, any duly authorized employee of the jurisdiction or contractor
hired by the jurisdiction shall be authorized to enter upon the property in
violation and cut and destroy the weeds growing thereon, and the costs of
such removal shall be paid by the owner or agent responsible for the
property.
"Section 302.10, Vehicles and /or machinery parts, is added to read as follows:
"302.10 Vehicles and /or machinery parts. Except where permitted and
licensed as a wrecking yard, all premises within the city shall be maintained
free of the existence and maintenance of a storage area, junkyard or dumping
ground for the wrecking or dismantling of automobiles, trucks, trailers,
house trailers, boats, tractors or other vehicles or machinery of any kind, or
for the storing or leaving of worn out, wrecked, inoperative or abandoned
automobiles, trucks, trailers, house trailers, boats, tractors or other vehicles
or machinery of any kind or of any major parts thereof.
"Section 302.11, Vehicle and equipment repair on residential premises, is added to
read as follows:
"302.11 Vehicle and equipment repair on residential premises.
Servicing, repairing, assembling, modifying, restoring, or otherwise working
on any vehicle on any residential premises shall be subject to the following:
"302.11.1 Work shall be limited to the repair and maintenance of vehicles,
equipment, or other conveyance currently registered to the occupant or a
member of the occupant's family.
"302.11.2 Work is limited to the approved parking surface or garage or
approved accessory structure; at no time can repairs be made on the lawn,
sidewalk, planting strip or the street.
"302.11.3 Only minor repairs such as an oil change, tire repair, small parts
change, or minor routine maintenance may be performed outside of a garage
or approved accessory structure and only then on an approved parking
surface. The associated vehicle(s) in which such minor repairs exceed seven
(7) days shall be moved inside of a building that meets applicable code and
zoning requirements or be properly "screened" from public view and parked
on an approved surface outside of property setbacks.
"302.11.4 Work which creates a nuisance shall not be permitted.
"Section 302.12, Dangerous fences and structures, is added to read as follows:
"302.12 Dangerous fences and structures. All premises within the city
shall be maintained free of any fence or other structure which is in a sagging,
leaning, fallen, decayed or other dilapidated or unsafe condition.
"Section 302.13, Dangerous trees, is added to read as follows:
"302.13 Dangerous trees. All premises within the city shall be maintained
free of any dead, diseased, infested or dying tree that constitutes a danger to
street trees, streets, alleys or sidewalks.
"Section 302.14, Outdoor wood storage, is added to read as follows:
"302.14 Outdoor wood storage. Outdoor wood and firewood shall be neatly
stacked not to exceed six (6) feet in height, shall be adequately supported so
as not to pose a hazard to person or property, and shall not be placed in any
setback or other restricted area on the property in which it is being stored.
"Section 302.15, Attractive nuisance, is added to read as follows:
"302.15 Attractive nuisance. All premises within the city shall be
maintained free of any accessible attractive nuisance.
"Section 302.16, Open storage of materials and furnishings, is added to read as
follows:
"302.16 Open storage of materials and furnishings. No person shall
openly store or keep any equipment, materials or furnishings; or any item
that creates an unsightly condition or one that promotes urban blight or
public nuisance. This may include, but is not limited to, indoor furniture,
household appliances, auto parts, shopping carts, plumbing fixtures, or
building materials.
"Exception: Building materials neatly stacked and stored for no less than
sixty (60) days for a construction project permitted with the city. The
material must be weather protected, shall not be placed within property
setbacks or placed in such a manner that would create a danger to property,
health and /or safety.
"Section 303.1, Swimming pools, is amended to read as follows:
"303.1 Swimming pools, spas, and ponds. Swimming pools, spas, and hot
tubs shall be maintained in a clean and sanitary condition in good repair, and
free of the existence of all stagnant, pooled water in which mosquitoes, flies
or other insects may multiply.
"Section 304.14, Insect screens, is amended to read as follows:
"304.14. Insect screens. During the period from March 15 to October 15,
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 minimum 16 mesh per inch, 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 repellant fans, are employed.
"Section 308.1, Accumulation of rubbish or garbage, is amended to read as follows:
"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, junk, trash, filth, waste or garbage.
"Section 308.2, Disposal of rubbish, is amended to read as follows:
"308.2 Disposal of rubbish. Every occupant of a structure shall dispose of
all rubbish, junk, trash, filth, waste or garbage in a clean and sanitary manner
by placing such rubbish, junk, trash, filth, waste or garbage in approved
containers, or by taking it to an approved disposal facility.
"308.2.1 Rubbish /garbage storage facilities. The owner of every occupied
premises shall maintain approved covered containers for rubbish, junk,
trash, filth, waste or garbage, and the owner of the premises shall be
responsible for the removal of rubbish, junk, trash, filth, waste or garbage
from the premises.
"308.2.2 Dangerous and /or discarded appliances. Except when stored
within a building, as defined in Section R202 of the International Residential
Code, refrigerators, household appliances, and similar equipment shall not be
discarded, abandoned or stored on any premises within the City.
"Section 505.1, General, is amended to read as follows:
"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.
"Section 602.2, Residential occupancies, is amended to read as follows:
"602.2 Residential occupancies. Dwellings shall be provided with heating
facilities capable of maintaining a room temperature of 62.5° F (17° C) in all
habitable rooms, bathrooms and toilet rooms. Cooking appliances shall not
be used, nor shall portable unvented fuel - burning space heaters be used, as a
means to provide required heating.
"Section 602.3, Heat supply, is amended to read as follows:
"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 to maintain a temperature of not less than 62.5° F (17° C) in all
habitable rooms, bathrooms, and toilet rooms.
"Section 602.4, Occupiable work spaces, is amended to read as follows:
"602.4 Occupiable work spaces. Indoor occupiable work spaces shall be
supplied with heat to maintain a temperature of not less than 62.5° F (17° C)
during the period the spaces are occupied.
"Section 604.2, Service, is amended to read as follows:
"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 the National Electrical Code. 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.
"Section 704.2, Smoke alarms, is amended to read as follows:
"704.2 Smoke alarms. Single- or multi- station smoke alarms shall be
installed and maintained in Group R or I -1 occupancies, regardless of
occupant load at all of the following locations:
"1. On the ceiling or wall outside of each separate sleeping are 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 floor shall suffice for the
adjacent lower level provided that the lower level is less than one full story
below the upper level.
"704.3 Power source. In Group R or I -1 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.
"704.4 Interconnection. Where more than one smoke alarm is required to
be installed within an individual dwelling unit in Group R or I -1 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.
Physical interconnection of smoke alarms shall not be required where listed
wireless alarms are installed and all alarms sound upon activation of one
alarm. 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.
"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
removal of interior finishes."
Section 5. That any person, firm, or corporation violating any provision of this
ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine
in accordance with provisions of Sec. 1 -6 of Chapter One of the City of Paris Code of
Ordinances, and each and every day's continuance of any violation of the above -
enumerated sections shall constitute and be deemed a separate offense.
Section 6. That Chapter 7 of the City of Paris Code of Ordinances shall remain in
full force and effect save and except as amended by this ordinance.
Section 7. That the sections, paragraphs, sentences, phrases, clauses and words
of this ordinance are severable, and if any section, paragraph, sentence, phrase, clause or
word in this ordinance or application thereof to any person, firm or corporation, or to any
circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such
holding shall not affect the validity of the remaining portions of this ordinance, and the City
Council hereby declares that it would have adopted such remaining portions of this
ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
Section B. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED this 12th day of September, 2016.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney