CPMCBA Packet

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS AGENDA OCTOBER 9, 2017 - 1:00 P.M. POSTED WITH LESS THAN 7 DAYS NOTICE DUE TO SCHEDULING CITY HALL CONFERENCE ROOM 15 LOOCKERMAN PLAZA DOVER, DELAWARE PUBLIC COMMENTS ARE WELCOMED ON ANY ITEM AND WILL BE PERMITTED AT APPROPRIATE TIMES. WHEN POSSIBLE, PLEASE NOTIFY THE CITY CLERK (736-7008 OR E-MAIL AT CITYCLERK@DOVER.DE.US) SHOULD YOU WISH TO BE RECOGNIZED. 1. AGENDA ADDITIONS/DELETIONS 2. PROPERTY MAINTENANCE CODE VIOLATIONS (CHAPTER 3 - GENERAL REQUIREMENTS, SECTION 304 - EXTERIOR STRUCTURE, 304.13 - WINDOW, SKYLIGHT AND DOOR FRAMES OF THE 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE) - APPEAL OF DECISION - 120 WEST WATER STREET (EDWARD LARRIVEE) 3. ADJOURNMENT /DK S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\MISC-AGENDAS\CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS\10-09-2017 CPMCBOA AGENDA.WPD THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(E)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING.

City of Dover October 3, 2017 Mr. Edward C. Larrivee 115 Fox Hall Drive Dover, DE 19901 Re: Appeal of Property Maintenance Code Citation #17-00002294 - 120 West Water Street Dear Mr. Larrivee: I have received your request to appeal Citation #17-00002294 related to a violation of Chapter 22 - Buildings and Building Regulations, Article VII - Property Maintenance Code, Section 22-221- Adopted, The International Property Maintenance (IPM) Code, 2009 - Chapter 3 - General Requirements, Section 304 - Exterior Structure, 304.13 - Window, Skylight and Door Frames at 120 West Water Street, Dover, Delaware. SECTION 304 - EXTERIOR STRUCTURE 304.13 Window, Skylight and Door Frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Monday, October 9, 2017 at 1:00 p.m. in the City Hall Conference Room, 15 Loockerman Plaza, Dover, DE 19901 to hear your appeal. Please contact me upon receipt of this letter at (302) 736-7008 or by email at cityclerk@dover.de.us to confirm your attendance. Please let me know if you have any questions or concerns regarding your appeal. Sincerely, Traci A. McDowell, MMC City Clerk TAM/dk S:\APPEALS\2017\120 W. Water Street - Attic Window - Code Violation\Construction and Property Maintenance Code Board of Appeals - Receipt of Appeal - Property Code Violations - 120 W. Water Street.wpd cc: David Hugg, Acting Director of Planning & Community Development Nicholas Rodriguez, City Solicitor William Pepper, Deputy City Solicitor Ron Coburn, Code Enforcement Officer P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

From: Edward Larrivee To: City Clerks Office Subject: Appeal of Case No. 17-00002294 Date: Thursday, September 28, 2017 10:04:52 AM We have been notified by Ronald Coburn that we are in violation of the City's International Property Building Management Code Section 304.13 for an attic window on our property at 120 West Water Street and wish to file an appeal of this decision. About fifteen years ago, the bottom window sash was broken several times and birds got into the attic. In order to prevent this from happening again, the bottom half of the window was securely covered with plywood, and this condition has remained since that time and has alleviated the problem. Below are the codes in regards to the maintenance and repairs to the windows. Section 304.13 states every window shall be kept in sound condition, good repair and weather tight. The window is currently sound, in good repair and weather tight. The bottom is just covered so that the window will not be broken again. Section 304.13.1 states all glazing materials shall be maintained free from cracks and holes. There are no visible holes in the glass as it is covered. Section 102.5 Workmanship states repairs , maintenance work shall be executed in a workmanlike manner and installed with the manufacturers installation instructions. The wood covering has been painted to match the siding so as not to detract from the façade Covering windows with wood, whether it is a closed shutter or plywood (even unpainted), can be found elsewhere in the City and is, in fact, currently visible on buildings within sight of our property. We respectfully request that the violation for this window be voided and the wood covering be allowed to remain. Sincerely Edward Larrivee

Coburn, Ron From: Coburn, Ron Sent: Tuesday, September 26, 2017 11:52 AM To: 'Edward Larrivee' Cc: Taraila, Tim Subject: RE: Appeal - Case Number 17 -00002294 Mr. Larrivee, Below are the, codes in regards to the maintenance and repairs to the windows. Section 304.13 states every window shall be kept in sound condition, good repair and weather tight. Section 304.13.l states all glazing materials shall be maintained free from cra cks and holes. Section 102.5 Workmanship states repairs, maintenance work shall be executed in a workmanlike manner and installed with the manufacturers installation instructions. If you want to appeal it must be done through the Construction and property maintenance code board of appeals. This is done by writing an appeal to the City Clerk' s office and they would schedule a hearing. The City Clerk's office can be contacted at 736 .7008. Ronald L Coburn Jr City of Dover Code Enforcement 302.736.7010 rcoburn@dover.de.us From: Edward Larrivee [mailto:I • • · · · · · · · · · Sent: Monday, September 25, 2017 12:44 PM To: Taraila, Tim <Tiaraila@dover.de .us>; Coburn, Ron <RCoburn@dover.de.us> Subject: Appeal - Case Number 17-00002294 Mr. Taraila and Mr. Coburn - I have reviewed the language in the section of the International Property Building Maintenance Code that was cited in the above violation and wish to appeal the decision to replace the broken or mi ss ing attic window pane . About fifteen years ago, the bottom window sash was broken several times and birds got into the attic. In order to prevent this from happening again , the bottom half of the window was securely covered with plywood , and this condition has remained since then alleviating the problem. Given that the wood has remained on the window in a weathertight condition for over fifteen years, and ha s now been painted to match the siding, I wish to appeal the code violation, and ask that the current condition be allowed to remain in place.

Thank you . Sincerely, Ed Larrivee

Division of Code Enforcement <tttp of tJBober 15 Loockerman Plaza Phone: (302) 736-7011 Dover, DE 19901 Fax: (302) '736-42 I 7 SECOND NOTICE September 13, 2017 EDWARD C LARRIVEE 115 FOX HALL DR DOVER DE 199046537 RE: Property Address: 120 W WATER ST Tax Parcel Number: ED-05-077.09-03-630.000 - 000 Case Number: 17-00002294 Dear Mr . Larrivee : On August 14, 2017, Code Enforcement Officer Ronald Coburn of the City of Dover, Department of Inspections conducted an inspection at 120 W WATER ST. The inspection revealed one or more City Code Violations on th@ prop@rty. Attached is the violation found. A follow up inspection was conducted and the violation still remains . Failure to have the property brought into compliance with the City Codes by September 28, 2017 will result in a citation being issued . Fines may be as high as $1,000.00 per day for each day that the violation exists. Please contact this office with a date and time to conduct your re- inspection . You are not required to contact this office if the re-inspection is for an exterior violation. If you have any questions or would like to schedule your inspection or appeal this notice, please contact me at ( 302) 736-7011. i?~:fu t~~~. RON COBURN Cod@ Enf orc@m@nt Officer cc: File

VIOLATION DETAIL PAGE 1 CASE NUMBER 17-00002294 PROPERTY ADDRESS 120 W WATER ST VIOLATION: 3 7 2 QUANTITY: 1 DESCRIPTION: 372 INSTALL WINDOW GLASS DATE: 8 / 14 / 17 LOCATION: TOP NARRATIVE : Replace the broken or missing attic window pane. ORDINANCE DESCRIPTION SECTION PM 304.13 WINDOWS CORRECTIVE ACTION REQUIRED : INSTALL WINDOW GLASS IN WINDOW FRAME SO THAT IT IS WEATHER TIGHT

Division of Code Enforcement <!itp of !!lob er 15 Loockerman Plaza Phone: (302) 736-7011 Dover, DE 19901 fax: (302) 736-4217 August 14 , 2017 EDWARD C LARRIVEE 115 FOX HALL DR DOVER DE 199046537 RE: Property address: 120 W WATER ST Tax Parcel Number: ED-0 5- 077 .0 9-0 3 - 630 . 000 - 000 Case Number : 17-00002294 Dear Mr . Larrivee: On August 14, 2017 , Code En forcement Officer Ronald Coburn of the City of Dover, Depar t ment of I nspections conducted an inspection at 120 W WATER ST. Attached are the Code violations found during the inspection . A follow up inspection must be conducted by September 13, 2017 , to ensure compliance. Please contact this office with a date and time convenient for you to conduct the r e- in spect i on . You are not required to contact this office if the re- inspect ion i s for an exterior violation. If you have any questions or would like to schedule your inspection or appeal this notice, please contact me at (302) 736 -70 1 1. TL ~c{ Lieh~. 1 RON COBURN Code Enforcement Officer cc; file /<!'" -

VIOLATION DETAIL PAGE 1 CASE NUMBER 17-00002294 PROPERTY ADDRESS 120 W WATER ST VIOLATION: 227 QUANTITY: 1 DESCRIPTION: 227 PAINT EXTERIOR SURFACES DATE : 8/14/17 LOCATION : EXTERIOR NARRATIVE : Remove all peeling and flaking paint from exterior surfaces to include but not limited to siding, window, d oor trim and facia areas. ORDINANCE DESCRIPTION SECTION PM 304.2 EXTERIOR SURFACES CORRECTIVE ACTION REQUIRED : PREPARE & PAINT EXTERIOR METAL/WOOD SURFACES VIOLATION : 372 QUANTITY: 1 DESCRIPTION: 372 INSTALL WINDOW GLASS DATE : 8/14/17 LOCATION: TOP NARRATIVE : Replace the broken or missing attic window pane . ORDINANCE DESCRIPTION SECTION PM 304.13 WINDOWS CORRECTIVE ACTION REQUIRED : INSTALL WINDOW GLASS IN WINDOW FRAME SO THAT IT IS WEATHER TIGHT

DOVER, DE CODE OF ORDINANCES CHAPTER 22 – BUILDINGS AND BUILDING REGULATIONS ARTICLE I. ‐ IN GENERAL Sec. 22‐1. ‐ Construction and property maintenance code board of appeals. (a) Established; composition; appointment. There shall be a committee to be referred to as the "construction and property maintenance code board of appeals," consisting of five members. The council president shall appoint three elected city officials and the mayor shall appoint one city resident generally selected as a representative of homeowners and one representative of the local real estate industry association. Members shall serve one-year terms unless sooner removed. All appointments are subject to confirmation by the city council at its second regular meeting in May. The construction and property maintenance code board of appeals shall elect one of its members as chairperson. (b) Appeals . Whenever any person is aggrieved by a decision of the building inspector with respect to the provision of this chapter, it is the right of that person to appeal to the construction and property maintenance code board of appeals. Such appeal must be filed, in writing, within 30 days after the determination by the building inspector. (c) Notice; hearing . Upon receipt of such an appeal, the construction and property maintenance code board of appeals shall set a time and place in not less than ten, nor more than 30 days for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard. The determination by the construction and property maintenance code board of appeals shall be final in all cases. (Code 1981, § 5-3; Ord. of 4-25-1994; Ord. No. 2016-19 , 8-22-2016) Sec. 22‐2. ‐ Housing authority created; purpose. Created; purpose. There shall be a housing authority as provided in 31 Del. C. (Ord. of 4-10-2006(1)) Secs. 22‐3—22‐30. ‐ Reserved. Page 1

DOVER, DE CODE OF ORDINANCES CHAPTER 22 – BUILDINGS AND BUILDING REGULATIONS ARTICLE VII. ‐ PROPERTY MAINTENANCE CODE[4] Footnotes: ‐‐‐ (4) ‐‐‐ Charter reference— Power of city to regulate buildings, subpart A, §§ 20, 22. Sec. 22‐221. ‐ Adopted. (a) A certain document, three copies of which are on file in the licensing and permitting office of the city, being marked and designated as "The International Property Maintenance Code, 2009" as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Dover, in the State of Delaware; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said property maintenance code are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the following additions, insertions, deletions and changes: Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]" SECTION 111 MEANS OF APPEAL See Chapter 22 - Buildings and Building Regulations, Article I - In General, Sec. 22-1 Construction and property maintenance code board of appeals. Section 304.14 Insect screens. Insert "March 1st to November 30th" in place of "[date] to [date]". Section 602.3 Heat supply. Insert "September 15th to May 1st" in place of "[date] to [date]". Section 602.4. Occupiable work spaces. Insert "September 15th to May 1st" in place of "[date] to [date]". (b) It shall be unlawful for any person to violate any of the provisions of the publication adopted in subsection (a). (Code 1981, § 10-1; Ord. of 7-10-1989; Ord. of 4-25-1994; Ord. of 1-27-1997; Ord. of 3-13- 2000; Ord. of 4-11-2005(7); Ord. of 4-14-2008; Ord. No. 2010-02, 5-10-2010; Ord. No. 2016-19 , 8-22-2016) Sec. 22‐222. ‐ Definitions. (a) Whenever the word "municipality" or "city" is used in the publication adopted by this article, it shall be construed to mean the City of Dover, Delaware. (b) Whenever the term "corporation counsel" or "city attorney" is used in the publication adopted by this article, it shall mean the city solicitor. (c) Whenever, in the publication adopted by reference in this article, a term is used which is also defined in the city's zoning ordinance as set forth in appendix B to this Code, such term shall have the meaning provided in such appendix B. Page 1

(Code 1981, § 10-2; Ord. of 7-10-1989) Sec. 22‐223. ‐ Conflicting provisions. In the event of any conflict between the provisions of the code adopted by this article and applicable provisions of state law, this Code or any other ordinance, rule or regulation, the provisions of state law, this Code or such other ordinance, rule or regulation shall prevail and be controlling. (Code 1981, § 10-3; Ord. of 7-10-1989) Sec. 22‐224. ‐ Enforcement. The city planner shall enforce the provisions of the publication adopted by reference in this article. (Code 1981, § 10-4; Ord. of 7-10-1989; Ord. of 4-14-2008) Sec. 22‐225. ‐ Reserved. Editor's note— Ord. No. 2016-19 , adopted August 22, 2016, repealed § 22-225. Former § 22- 225 pertained to property maintenance board of appeals and derived from the Code of 1981; Ord. of 7-10-1989; and Ord. of 4-10-2000. Secs. 22‐226—22‐250. ‐ Reserved. Page 2

Cliapter 1·: Scope and Admin:i.stration General Comments the administrative provisions can the code official rea- sonably hope to demonstrate that "equal protection The law of building regulation is grounded on the police under the law" has been provided. While it is generally power of the state. This power is the source of all author- assumed that the administrative and enforcement sec- ity to enact bu ilding regulations. In terms of how it is tions of a code are geared toward the responsibilities of used, police power is the power of the state to legislate the code official, the provisions also establish the rights for the general welfare of its citizens. This power enables and privileges of the design professional, contractor and the passage of laws such as a property maintenanc@ building owner. 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 Purpose this power in any way, the municipality may not exceed Chapter 1 establishes the necessary legal basis for en- these limitations. While the municipality may not further forcement of the code by the authority having jurisdic- delegate its police power (e.g., by delegating the burden tion . All of the police powers inherent in enforcing of determining code compliance to the building owner, minimum standards for the use and maintenance of contractor or architect), it may turn over the administra- buildings must follow the line of authority, from the U.S. tion of building regulations to a municipal official, such as Constitution to the state to the actual enforcer. Chapter 1 a code official , provided that he or she is given sufficient defines the role and responsibilities of the authority hav- criteria to clearly establish the basis for decisions as to ing jurisdiction. To protect all parties from an unfair en- whether or not a proposed building conforms to the forcement action, this chapter also sets forth the due code. process that requires corrective actions to be accom- Chapter 1 is largely concerned with maintaining "due plished in a constitutional manner. Police powers are not process of law" in enforcing the provisions contained in unlimited, and this chapter identifies those limitations. the body of the code. Only through careful observation of PART 1-SCOPE AND APPLICATION and premises, and for administration, enforcement and penal- ties. •:•This section establishes the broad purpose of the SECTION 101 code-to protect the public health , safety and welfare GENERAL in both existing residential and nonresidential struc- •:•This section sets forth the scope and intent of the code tures and on all existing premises. as it applies to existing structures Four specific areas are addressed in greater detail in subsequent sections: 101.1 Title. These regulations shall be known as the Interna- tional Property Maintenance Code of [NAME OF JURISDIC- • Establishing minimum maintenance standards TION] , hereinafter referred to as "thi s code." for such elements as basic equipment, light, ventilation , heating, sanitation and fire safety. •:·The purpose of this section is to identify the adopted • Fixing responsibility among owners, operators regulations by inserting the name of the adopting juris- and occupants for following the code . diction into the code. • Reguiating the use of existing structures and 101.2 Scope. The provisions of thi s code shall apply to all premises. existing residential and nonresidential structures and all exist- • Providing for administration, enforcement and ing premises and constitute minimum requirements and stan- penalties. dards for premises, structures, equipment and fac ilities for light, ventilation, space, heating, sanitation , protection from These four categories provide communities with the the elements, life safety, safety from fire and other hazards, and tools to reduce risks created by deteriorated or unsafe for safe and sanitary maintenance; the responsibility of owners, buildings and help communities upgrade and main- operators and occupants ; the occupancy of existing structures tain other existing structures. - -- - ·-·--- - · .. -·-- · ... - - - - - - - · - - - ·- ·--·· - - ·-- ----lo'l - -- · - -- - ·-- -··

SCOPE AND ADMINISTRATION - 101.3 Intent. This code shall be construed to secure its pied dwelling, except for such temporary interruption as neces- expressed intent, which is to ensure public health, safety and sary while repairs or alterations are in progress. The require- welfare insofar as they are affected by the continued occupancy ments of this code are not intended to provide the basis for and maintenance of structures and premises. Existing struc- removal or abrogation of fire protection and safety systems and tures and premises that do not comply with these provisions devices in existing structures. Except as otherwise specified shall be altered or repaired to provide a minimum level of herein, the owner or the owner's designated agent shall be health and safety as required herein. responsible for the maintenance of buildings, structures and premises. •!·The code is intended to provide requirements address- ing the public health, safety and welfare as they relate •:•This section contains general maintenance require- to the use and maintenance of existing structures and ments. The code specifically prohibits the disconnec- premises. The code requires existing structures and tion of any required utilities for an occupied dwelling. premises that are not in compliance with the code to be This helps to safeguard persons who have a physical altered or repaired to meet the code. The code require- condition and are dependent on these systems. Some ments are intended to represent the minimum accept- examples of this include: a person who has to have able level of public health and safety. As required in electricity to power a kidney dialysis machine; a pa- Section 102.3, repairs and alterations need to comply tient who is on an oxygen system full time; or someone with several International Codes'® (I-Codes®), including with particularly bad allergies who needs to have an the International Building Code®(IBC®). air- conditioning system to help filter the air. Any safety 101.4 Severability. If a section, subsection, sentence, clause or system that exists in a building must be maintained. A phrase of this code is, for any reason, held to be unconstitu- fire protection or safety system is not to be removed tional, such decision shall not affect the validity of the remain- from a building if it is required by the code or a previous ing portions of this code. regulation or code that was in effect when the building was built. This section also specifies that the owner or •:•Only invalid sections of the code (as established by the the owner's agent is responsible for maintenance, not court of jurisdiction) can be set aside. This is essential the tenants of rental property. to safeguard the application of the code text to situa· tiOris whereby a provision of the code is declared ille- 102.3 Application of other codes. Repairs. additions or alter- gal or unconstitutional. This section would preserve ations Lo a structure, or changes of occupancy, shall be done in the legislative action that put the legal provisions in accordance with the procedures and provisions of the Interna- place. tional Building Code, /11ternatio11al Fuel Gas Code, Interna- tional Mechanical Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the lnternarional 'Zoning Code. S:ECTlON 110:2 APPl!ICAiBJ!l!JTV •:•Repairs, additions or alterations are to be done as re- •:•This section sets forth the administrative provisions for quired by the IBC, International Fuel Gas Code® applying the code to various conditions related to its (IFGC®), International Mechanical Code® (IMC®) and application . NFPA 70. Chapter 34 of the IBC contains provisions for repairs , alterations and additions, all of which are 102.1 General. Where there is a conflict between a general not in the scope of this code. It is the intent of the code requirement and a specific requirement, the specific require- not to affect any of the requirements in the Interna- ment shall govern. Where differences occur between provi- tional Zoning Code®(IZC®). sions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different sec- 102.4 Existing remedies. The provisions in this code shall not tions of this code specify different requirements, the most be construed to abolish or impair existing remedies of the juris- restrictive shall govern. diction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and •!•The most restrictive requirement is to apply where insanitary. there may be different requirements in the code for a specific situation . In cases where the code establishes •!•Section 110 establishes one set of criteria and proce- a specific requirement for a certain condition, that re- dures that may be used to demolish dangerous, un- quirement is applicable even if it is less restrictive than safe or insanitary buildings. This section permits a ju- a general requirement mentioned elsewhere in the risdiction to continue to use any remedies already code. adopted for demolishing buildings. In essence, a com- 102.2 Maintenance. Equipment, systems , devices and munity may employ several procedures for removing safeguards required by this code or a previous regulation or dangerous buildings. It is advisable that one proce- code under which the structure or premises was constructed, dure be chosen over another to avoid confusion and altered or repaired shall be maintained in good working order. errors in processing the demolition. No owner, operator or occupant shall cause any service, facil- ]02.S-Workmansbip. ··e a.irs, maintenance work. alterations ity, equipment or utility which is required under this section to or installatio.ns which are caused directl y or indireotl y by the be removed from or shut off from or discontinued for any occu- enforcement of thi·s code shaH be executed and installed in a 1-2

SCOPE AND ADMINISTRATION v@rk111a111Tke manner ana installed in .accord<mc witJ1 the man- ing . The intent is for the highest level of safety to pre- ufacturer\ install ation instructi ons. vail. •:• A!'I repairs , materj als, alterations and installations 102.8 Requi rements not covered by code. Requirements nec- must be e* ecuted in a skilled manner that allows the essary for the strength, stability or proper operation of an exist- performance intended and anticipated by the code to ing fixture, structure or equipment, or for the public safety, be achieved , and must meet the criteria of the defini- health and general welfare , not specifically covered by this tion of "Workmanlike" in the code (see the definition of code, shall be determined by the code official. "Workmanlike" in Chapter 2). •:• Requirements necessary for the strength, stability or . Equipment needs to comply with the manufacturer's proper operation of an existing fixture , structure or installation instructions for proper operation and equipment, or for the public safety, health and general safety. welfare not specifically covered by this code shall be 102.6 Historic buildings. The provisions of this code shall not determined by the code official. be mandatory for existing buildings or structures designated as Evolving technology in our society will inevitably re- historic buildings when such buildings or structures are judged sult in a situation or circumstance in which the code is by the code official to be safe and in the public interest of comparatively silent on an identified hazard. The rea- health, safety and welfare. sonable application of the code to any hazardous, un- foreseen condition is provided for in this section. •:• This section provides the code official with the widest Clearly such a section is needed as well as the code flexibility in enforcing the code when the building in official's judicious and reasonable application. The question has historic value. This flexibility, however, is purpose of the section, however, is not to impose re- not provided without conditions. The most important quirements that may be preferred over explicit code criterion for application of this section is that the build- requ irements. Additionally, the section can be utilized ing must be specifically classified as being of historic to implement the general performance-oriented lan- significance by a qualified party or agent. Usually this guage of the code to specific enforcement situations. is done by a state or local authority after considerable scrutiny of the historical value of the building. Most, if 102.9 Application of references. References to chapter or sec- not all , states have such authorities, as do many local tion numbers, or to provisions not specifically identified by jurisdictions. The agencies with such authority number, shall be construed to refer to such chapter, section or typically exist at the state or local government level. provision of thi s code. 102.7 Referenced codes and standards. The codes and stan- •:• In a situation where the code may make reference to a dards referenced in this code shall be those that are listed in chapter or section number or to another code provi- Chapter 8 and considered part of the requirements of this code sion without specifically identifying its location in the to the prescribed extent of each such reference. Where di ffer- code, assume that the referenced section, chapter or ences occur between provisions of this code and the referenced provision is in the code and not in a referenced code or standards, the provisions of this code shall apply. standard . Exception: Where enforcement of a code provision would 102.10 Other laws. The provisions of this code shal l not be violate the condi tions of the listing of the equipment or deemed to nullify any provisions of local, state or federal law. appliance, the conditions of the li sting shall apply. •:• In some cases, other laws enacted by the jurisdiction •!• A referenced standard or portion thereof is enforce- or the state or federal government may be applicable able to the same extent as if the content of the stan- to a condition that is also governed by a requirement in dard were included in the body of the code. For exam- the code . In such circumstances, the requirements of ple, Section 604.2 references the NFPA 70 for sizing the code are in addition to the other law that is still in ef- the electrical main service for a building. The use and fect, although the code official may not be responsible application of referenced standards are limited to for its enforcement. 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 con- PART 2-ADMINISTRATION AND ENFORCEMENT flicts occur because of scope or purpose, the code text governs. The exception recognizes the extremely un- likely but possible occurrence of the code requiring or SECTION 103 allowing something less restrictive or stringent than DEPARTMENT OF PROPERTY the product listing or manufacturer's instructions. If the MAINTENANCE INSPECTION code conflicts with or deviates from the conditions of 103.1 General. The department of property mai ntenance the listing, this may or may not mean that the code vio- inspection is hereby created and the executive official in charge lated the listing. For example, the listing for an appli- thereof shall be known as the code official. ance might allow a particular application of an appli- ance that is expressly prohibited by the code . In this •:·The executive official in charge of the property mainte- case , the code has not violated the listing, but instead nance department is named the "code official" by this has simply limited the application allowed by the list- section. In actuality, the person who is in charge of the

Chapter 2: Definitions General Comments Purpose Th e words or terms defined in this chapter are deemed Codes, by their very nature , are technical documents . As to be of prime importance in e ither specifying th e subject such, literally every word , term and punctuation mark matter of code provisions or in giving meaning to certain can add to or change the me1ming of th~ intended result. terms used throughout the code for administrative or en- This Is even more so with a performance code where the forcement purposes. desired result often takes on more importance than the Section 201 addresses the practical concerns en- specific words. countered when interpreting the code in relation to the Furthermore, the code, with its broad scope of appli- use of gender, tense and singular versus plural. This cability, includes terms inherent in a variety of construc- section also provides the code official with guidance for tion disciplines. These terms can often have multiple finding definitions of those words or terms not defined meanings, depending on the context or discipline being herein . used at the time. Section 202 provides an alphabetical listing of those For these reasons, it is necessary to maintain a con- terms that are commonly used throughout the code and sensus on the specific meaning of terms contained in the that are required for the effective application of code re- code. Chapter 2 performs this function by stating clearly quirements. what specific terms mean for the purpose of the code . SECTION 201 lain additional definitions (some parallel and duplica- GENERAL tive) that may be used In the enforcement of either the 201.J Scope. Unless otl1crwise expressly stutcd. the following code or other codes by reference. terms shnll. fo r the purposes of this code. hnvc the meanin gs 201.4 Terms not defined. Where terms nre not defined shown in this chapter. through th e methods authorized by this seclion. such tenns •!•In the application of the code, the terms used have the shall ha\IC ordinarily accepted meanings such :is the contex t meanings given in this chapter. implies. 201.2 Jntcrch11ngeuhility. Words sin led in the present tense ·!·Another resource for defining words or terms not de- include Lhe future: words stated in the mnscullnc gender fined herein or in other codes is their "ordinarily ac- include the feminin e nnd neuter: the singular number includes cepted meanings." The intent of this statement is that a 1hc plural and the plurnl. the singular. dictionary definition may suffice, provided that the defi- •!•While the definitions contained in this chapter are to be nition is in context. taken literally, gender and tense are to be considered Oftentimes, construction terms used throughout the code may not be defined in this chapter or in a dictio- interchangeable . This is so that any grammatical in- nary. In such case , one would first turn to the defini- consistencies within the code text will not hinder the understanding or enforcement of the requirements. tions contained in the referenced standards (see Chapter 8) and then to published textbooks on the 201.3 Terms defined in other codes. Where terms arc nOI subject in question . defined in this co<lc and arc defined in the lnta11mimwl Build- ing Code, bzw matio110/ Fire Code. /111emt11io11al Zonin g Code, 201 .5 Parts. Whenever the words "dwelling 1111i1," "dwelling," lnremmional P/11111bi11g Code, /11tem ational Mechanical Code ··premises," "building," "moming house." "rooming u11it. ·• or NFPA 70. such terms shall have the mea nings ascribed to ;o//ousekeepi11g unit'" or "story'' are stated in this code, they them as stated in those codes. shaJI be construed as though they were followed by the words "or any part thereof." •!•When a word or term appears in the code and that word or term is not defined in this chapter, other refer- -:·Each and every portion of a structure , whether the · ences may be used to find its definition, such as the In- structure is used for only one type of occupancy or ternational Building Code" (IBC" ), International Fire several, must comply with the appropriate regulations Code" (IFC®), International Plumbing Code® (IPC®), established by the code. It Is understood that every International Mecllanica/ Code® (IMC" ). International portion or any part of a structure is to comply with the Zoning Code®(IZC®) and NFPA 70. These codes con- code. Instead of being wordy, "or any part thereor is 2009 INTEANATIONAL PROPERTY MAINTENANCE cooE" COMMENTARY 2-1

DEFINITIONS be inserted at each location in th e code wh ere a provi- tools, meth ods and materials is usually necessary sion applies to only a portion of a structure. workmanlike repairs. TENANT. A person. corporat ion. partnershi p or group. YARD . An open space on the sumc lot with a structure. whc1hcr or not the legal owner of record. occupying a building ·:· Yard is similar to "exteri or property" but pertains only or portion 1hcrcor as n unit. the open area on a lot with a structure. A vacant lot •:•This definition parallels that of the term "occupanr and property without a structure does not have a yard makes it clear that, as used in the code, an owner-oc- this definition . cupant is considered a tenant. TOILET ROOM. A room containing a water closcl or urinal Bibliography but not a bathtub or shower. The following re~ource material is referenced in II •:•In the context of the code, a toilet room is a room that chapter or is relevant to the matter addressed in ti contains plumbing fixtures used for elimination of chapter. bodily wastes (water closets and urinals) and also in- 24 CFR, Fair Housing Accessibility Guidelines (FHA< cludes fixtures used for handwashing (lavatories). Toi- Washington , DC: Department of Housing and Urb. let rooms are typically associated with public occupan- Development, 1991 . cies. Although sometimes used interchangeably with the term "bathroom" (see the definition of "Bathroom··), IBC-09, International Building Code. Washington, D a toilet room contains only those plumbing fixtures de- International Code Council, 2009. signed for waste elimination and handwashing . A toilet IEBC-09, International Existing Building Code . Washin room becomes a bathroom when it contains a bathtub ton , DC: International Code Council, 2009. or shower. IECC-09, International Energy Consetvation Coo ULTIMATE DEFORMATION. The dcformn1i on nt which Washington, DC : International Code Covncil, 2009 failure occurs and which shall be deemed to occur if the sus· tainable load reduces to 80 percent or Jess of the max imum IFC-09, International Fire Code . Washington, DC: Int• strcnglh. national Code Council, 2009. ·:·This definition describes the term ultimate deformation IFGC-06 , International Fuel Gas Code . Washington, D• for use in determining unsafe conditions related to International Code Council, 2009. structural materials that may be beyond their limit state due to ultimate deformation. Limit state is a condition IMC-09, International Mechanical Code . Washingto beyond which a structure or member becomes unfit for DC: International Code Council , 2009. service and is not longer useful for its intended func- IPC-09, International Plumbing Code. Washington, D< tion. Where it is apparent that a material is beyond its International Code Council, 2009. limit state due to ultimate deformation, the code official can cite the condition as unsafe and require repair as IPSDC-09, International Private Sewage Disposal Cod· needed (see Section 306.1.1). Washington , DC: International Code Council, 2009. Vl\NTJLATION. The nmurul or meeliafiieal ph\cess of sup- IRC-09, lnlernalional ~esldeniial Code . Washingto1 pl ying. conditioned or unconditioned afr to. or removing such DC: International Code Council, 2009. air from. an y space. IZC-09, International Zoning Code. Washington, DC : Ii ·:·Ventilation is the process of moving air to or from build- ternationat Code Council, 2009. ing spaces. This definition is used in this chapter to es- tablish minimum levels of air movement within a build- ing for the purposes of providing a healthful interior environment. Ventilation would include both natural (openable exterior windows and doors for wind move- ment) and mechanical (forced air with mechanical equipment) methods, when permitted by the code. \VORKI\IANLll:\E. Ext.:cu1etl in a skilk<l m ~mn c r : e.g .. gen- erall y plumh. leve l. squan!. in line, unJmnagcd_.:.rnd without ma rrin g ;1dj:1cc 11t work . •l• To be workmanlike, maintenance or repa ir work must be performed in a manner consistent wit11 work done by a skilt'ed craftsm an. In general, noors s·hould be level, walls plumb and squa re and windows installed so th at they operate easily a nd fit within the rough opening to exclude the elements. The use Of proper 2-6 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE" COMMENTAR'

Chapter 3: General Re·quirements General Comments 1. If the jurisdiction has already established criteria, The title for Chapter 3 ("General Requirements ") indi· the code official can continue to enforce that criteria . cates that it is broad in scope, It includes a variety of re· quirements for the exterior property areas, as well as the interior and exterior elements of the structure. Chapter 3 2. The jurisdiction may adopt its own criteria and in· corporate them as an amendment to the appropri· provides specific criteria for regulating the installation ate section of the code. and maintenance of building components. This chapter also contains requirements regulating the safety, sanila· 3. The code official may adopt and enforce criteria al· lion and appearance of the interior and exterior of struc· ready established by the International Building lures and all exterior property areas. Code"' (IBC~) . Section 301 identifies the scope of Chapter 3 as con- taining provisions for maintaining a structure and its ex· Chapter 3 also provides the code official with guide· terior property areas. and establishes who is responsible lines for determining who is responsible for maintaining for complying with the chapter's provisions. This section sanitary conditions and eliminating infestations of in· also provides minimum maintenance requirements for sects, rodents or other pests. vacant structures and land. Inadequate sanitation and insect or rodent infesta- Section 302 establishes criteria for maintaining exte· tions can have a significant impact on a community. A rior property areas and accessory structures and pro- poorly kept neighborhood affects the self-image of a vides vehicle storage regulations. community, as well as the impression neighboring com· Section 303 contains the requirements for swimming munities and visitors have about the area. Responsible pools, spas and hot tubs and provides requirements for property owners may shy away from neighborhoods that protective barriers and gates in these barriers. look unkempt. As a result , property values decrease and Section 304 establishes maintenance requirements the cycle can continue until the neighborhood is consid· for the structural, weather resistance, sanitary and ered a slum. safety performance of the exterior of a structure. An area that is neat, clean and well maintained at- Section 305 establishes maintenance requirements tracts owners and occupants who are usually willing to for the structural, sanitary and safety performance of the keep the area attractive, if only to protect their own inter· interior of a structure. ests. The code official, with vigorous enforcement of Section 306 contains provisions for maintaining com· sanitation and extermination regulations, can help a ponents of a structure,as well as for determining unsafe community maintain a positive self-image. This creates conditions based on specific parameters. a favorable image lo !he res! of !he community ancl its Section 307 provides for the safety and maintenance visitors. of handrails and guardrails. Sections 308 and 309 establish the responsible par· Purpose ties for exterminating insects and rodents, and maintain· Chapter 3 provides requirements that are intended to Ing sanitary conditions in various types of occupancies. maintain a minimum level of safety and sanitation for When specific requirements are not provided in the both the general public and the occupants of a structure, code, the following three options for establishing the and to maintain a building's structural and weather·resis· necessary criteria are available: tant performance. SEC'ftON 301 structures. The code deals with all types and all ages GENERAL of structures; therefore, the criteria must be of a mini· mum nature, consistent with a reasonable level of pro· 30 I. I Sl'Opc. ·m e provis ions of thi s chapter shull gove rn the tection for the health and safety of the occupants. minimum c onditions ;md the responsibiliti es o f persons for m:1intcnance of SlnlCtllrcS, equipment and exterio r properly. 301.2 Responsibility. The owrn:r of" lhc premises shall main- tain the sLrncLurcs and exreriol' property in compliance with •:·This chapter establishes minimum requirements for these requirements. except as otherwise provided for in thi s maintenance of property areas, premises and code. A person shall not occupy as owner-occupant or permit 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE" COMMENTARY 3·1

GENERAL REQUIREMENTS another person to occupy premises which are not in a sanitary housing ~nits. Sanitation standards should be en- and safe condition and which do not comply with the require- forced uniformly and consistently, ments of this chapter. Occupants of a dwelling unit, rooming 302.2 ~rading and drainage. All premises shall be graded unit or housekeeping unit are responsible for keeping in a and mamt~med to prevent the erosion of soil and to·prevent the clean, sanitary and safe condition that part of the dwelling unit, accumulatton of stagnant water thereon, or within any structure rooming unit, housekeeping unit or premises which they located thereon. occupy and control. Exception: Approved retention areas and reservoirs. •:•The owner is responsible for complying with the re- •!•Improperly graded property areas create health and quirements of Chapter 3, except when the code places safety hazards. Stagnant water provides a home for the responsibility on the occupants to keep their por- many nuisance insects, especially the mosquito. Stag- tion of the premises in a safe and sanitary condition. nant water next to a structure can cause mold growth, Simply stated, owners must provide a safe and sani- which can lead to the decay of wooden members. tary property and premises when they let it for occu- Ponded water is an attractive nuisance for chi!<;lren pancy. Occupants must continue to keep it safe and and has contributed to numerous drowning deaths. sanitary while they occupy, control or use the property Stagnant water is foul or stale water. Regrading the and premises. premises may be necessary to prevent stagnant wa- 301.3 Vacant structures and land. All vacant structures and ter. If regrading is not practical, some type of water-di- premises thereof or vacant land shall be maintained in a clean, version system must be installed. Other solutions in- safe, secure and sanitary condition as provided herein so as not clude replacing nonabsorbent soil with absorbent soil, to cause a blighting problem or adversely affect the public installing underground drain tile or building an under- health or safety. ground leaching pit. Soil erosion can be a nuisance if material is being •!•Both vacant structures and vacant land present spe- deposited in drainage systems or on adjacent proper- cial concerns to communities. Because no one is living ties, and is an indication of improper grading. Planting on these premises, they are often ignored by the own- and maintaining an acceptable ground cover generally ers. Consequently, this section establishes the code prevents erosion. official's authority to order the cleanup of vacant lands As indicated by the exception, water retention areas and the securing of vacant structures that might pres- or reservoirs are permitted by the code even though ent an attractive nuisance. they may contain stagnant water; however, the code When the owner fails to secure a vacant structure, official must approve their use. Section 108.2 provides the code official with the au- 302.3 Sidewalks and driveways. All sidewalks, walkways, thority to arrange for securing such buildings. Addi- stairs, driveways, parking spaces and similar areas shall be kept tionally, Section 110 authorizes the code official to pur- in a proper state of repair, and maintained free from hazardous sue demolition of any structure that is deemed conditions. unreasonable to repair. When a structure is reason- able to repair, the code official is authorized to require •:•The code official is authorized to require that all side- the necessary repairs. walks, walkways, stairs, driveways, parking spaces, etc., are usable and kept in proper repair. Walking sur- faces that have deteriorated to a condition that pres- ents a hazard to pedestrians must be repaired or re- SECTION 302 placed to eliminate the hazard and thus reduce the EXTERIOR PROPERTY AREAS potential for accidents or injuries. 302.1 Sanitation. All exterior property and premises shall be 302.4 Weeds. All premises and exteriorp.roperty shall ~e r_na~n­ maintained in a clean, safe and sanitary condition. The occu- tained free from weeds or plant growth m excess of Uunsdic- pant shall keep that part of the exterior property which such tion to insert height in inches). AU noxious weeds shall be occupant occupies or controls in a clean and sanitary condition. prohibited. Weeds shall be defined as all grasses.' annual plants •:•This section establishes a simple, straightforward re- and vegetation, other than trees or shrubs provided; however, quirement that exterior areas shall be clean and free this term shall not include cultivated flowers and gardens. from rubbish and garbage (see the definitions in Chap- Upon failure of the owner or agent having charge of a prop- ter 2). The code official may find that enforcement of erty to cut and destroy weeds after ser~ice ?fa notice of vio~a­ this section is frequently neither straightforward nor tion, they shall be subject to prosecutton 111 ~ccorda.nce. w~th simple. Section 106.3 and as prescribed by the author.1ty hav1~g J~ns­ Each jurisdiction has neighborhoods within the diction. Upon failure to comply with ~e ~0~1ce of v10lat1on, overall community that have distinct characteristics. any duly authorized employee of the junsd1ct10n or contractor Deteriorated, low-cost housing may dominate in one hired by the jurisdiction shall be authorized to enter upon the area, while another has expensive, well-maintained property in violation and cut and destroy the weeds growing

GENERAL REQUIREMENTS thereon, and the costs of such removal shall be paid by the 302.7 Accessory structures. All accessory structures, includ- owner or agent responsible for the property. ing detached garages, fences and walls, shall be maintained •:•Criteria establishing maximum heights for grass and structurally sound and in good repair. weeds are necessary to reduce rodent shelters and •:•Accessory structures must be maintained in accor- pollen dust problems. dance with the criteria established by this section. This section provides a mechanism for removal of Property owners often give detached garages, sheds, weeds on neglected or abandoned properties after fences, retaining walls and similar structures a lower proper notice has been given to the responsible owner maintenance priority than the primary structure; thus, or agent (see Sections 107 and 108.3). It is important these structures are frequently in disrepair. A thorough that the code official act quickly in requiring weed re- inspection of all property areas and accessory build- moval to prevent the weeds from contributing to a ings is necessary to identify violations of the code and blight condition that could eventually become a harbor to improve a neighborhood's appearance. for pests and rodents . 302.8 Motor vehicles. Except as provided for in other regula- All noxious weeds are prohibited; however, each tions, no inoperative or unlicensed motor vehicle shall be community has different weeds that are considered parked, kept or stored on any premises, and no vehicle shall at noxious. The code official should confer with the state any time be in a state of major disassembly, disrepair, or in the or local agricultural agent to become familiar with process of being stripped or dismantled. Painting of vehicles is weeds that are noxious in his or her community. prohibited unless conducted inside an approved spray booth. Cultivated flowers and gardens are not considered to be weeds. The word "cultivated" is important. Culti- Exception: A vehicle of any type is permitted to undergo vated is defined as "to loosen or dig (soil) around grow- major overhaul, including body work, provided that such ing plants." Uncultivated gardens should be treated work is performed inside a structure or similarly enclosed the same as weeds and tall grasses. area designed and approved for such purposes. 302.5 Rodent harborage. All structures and exterior property •:• Improper storage of inoperable vehicles can be a seri- shall be kept free from rodent harborage and infestation. Where ous problem for a community. The vehicles are un- rodents are found, they shall be promptly exterminated by sightly, clutter the neighborhood, provide a harborage approved processes which will not be injurious to human for rodents and are an attractive nuisance for children. health . After pest elimination, proper precautions shall be This section establishes criteria for acceptable vehi- taken to eliminate rodent harborage and prevent reinfestation. cle storage. No inoperable or unlicensed vehicles are •:•Rodents carry disease organisms in their feces and on permitted on a property unless approved in other regu- their bodies. The code official must require the exter- lations adopted by the community. This regulation ad- mination of all rodents by approved processes. All dresses two problems associated with vehicle storage harborage areas should be eliminated by removing and repair: piles of rubbish, towing or repairing inoperable cars • The blighting influence that improperly stored in- and cutting back weeds. Garbage should be stored in operable vehicles have on a neighborhood; and solid containers with tight-fitting lids and disposed of • The neighborhood mechanic who attempts to regularly. operate a vehicle repair business from home. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers Major vehicle repairs are permitted, but only if the shall not discharge gases, steam, vapor, hot air, grease, smoke, work is performed in a structure designed and ap- odors or other gaseous or paiticulate wastes directly upon abut- proved for such use. Of course, this regulation does ting or adjacent public or private property or that of another ten- not affect the storage of vehicles on property that ant. complies with applicable zoning or license require- •:•There are three common problems associated with ments, such as repair garages, salvage yards and exhaust vent discharges: sim ilar establishments. • Odor problems caused from exhaust gases 302.9 Defacement of property. No person shall willfully or emanating from business and industrial proper- wantonly damage, mutilate or deface any exterior surface of ties; any structure or building on any private or public property by • Noise problems created by exhaust vents; and placing thereon any marking, carving or graffiti. • Health and safety problems created by exhausts It shall be the responsibility of the owner to restore said sur- that contain hazardous or potentially hazardous face to an approved state of maintenance and repair. discharge. •:•Graffiti, carving and damage is a problem that plagues To reduce these problems , exhaust vents are pro- exterior surfaces of walls , fencing and sidewalks in cit- hibited from discharging directly on abutting or adja- ies and towns of all sizes . This problem begins as an cent public and private property. eyesore and can result in serious consequences, in-

GENERAL REQUIREMENTS eluding declining property values and degradation of SECTION 304 the structures' ability to repel rain and snow. EXTERIOR STRUCTURE It must be the responsibility of the owner to restore said surface to an approved state of maintenance and 304.1 General. The exterior of a strncture shall be maintained repair. in good repair, stru~turally sound and sanitary so as not to pose a threat to the publtc health, safety or welfare. •:•The exterior of structures must perform four primary SECTION 303 functions: SWIMMING POOLS, SPAS AND HOT TUBS • It must be in good repair. There should be no ev- idence of deterioration, or damaged or loose ele- 303.1 Swimming pools. Swimming pools shall be maintained ments. in a clean and sanitary condition, and in good repair. • It must be structurally sound . There should not be any loose or collapsing pieces. Stairways, •!•Swimming pools, if negleeted, ean beeome a health porches, balconies and similar structural ele- hazard, resulting in insect-attracting stagnant water. ments must safely perform their intended func- 303.2 Enclosures. Private swimming pools, hot tubs and spas, tions. containing water more than 24 inches (610 mm) in depth shall • It must be kept in a sanitary condition. There be completely surrounded by a fence or barrier at least 48 shall be no accumulation of litter or debris on inches (1219 mm) in height above the finished ground level porches and other parts of the exterior structure. mea~ured on the side of the barrier away from the pool. Gates • It must be capable of preventing the elements and doors in such barriers shall be self-closing and self-latch- (rain, snow and wind) and rodents from entering ing. Where the self-latching device is less than 54 inches ( 1372 the interior areas. mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self- 304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to com- latching gates shall be ma.intillned SlJCh that the gate will posi- tively close and latch when released from an open position of 6 ply with the International Building Code or the International inches (I 52 mm) from the gatepost. No existing pool enclosure Existing Building Code as required for existing buildings: shall be removed, replaced or changed in a manner that reduces 1. The nominal strength of any structural member is its effectiveness as a safety barrier. exceeded by nominal loads, the load effects or the required strength; Exception: Spas or hot tubs with a safety cover that com- plies with ASTM F 1346 shall be exempt from the provi- 2. The anchorage of the floor or roof to walls or columns, sions of this section. and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; •:•This performance-based criteria was specifically 'J. Structures or components thereof that have reached added to address pool-related problems where a child their limit state; could possibly drown by gaining entry into a pool through a gate that failed to close and latch properly. 4. Siding and masonry jol.nts including joints between the Gates that may have deteriorated over time through building envelope and the perimeter of windows, doors age, wear and exposure to the elements are now ad- and skylights are not maintained, weather resistant or dressed so that they will continue to provide the in- water tight; tended level of protection. The exception to this sec- '5. Structural members that have evidence of deterioration tion allows for safety covers that comply with ASTM F or that are not capable of safely supporting all nominal 1346. This exception is consistent with current provi- loads and load effects; sions in the IBC and the International Residential 6. Foundation systems that are not firmly supported by Code® (IRC®). footings, are not plumb and free from open cracks and ASTM F 1346 contains requirements including a breaks, are not properly anchored or are. n~t capable of means of fastening the safety cover to the hot tub or supporting all nominal loads and res1stmg all load spa, such as key locks, combination locks or similar devices that will keep the cover in place; testing to effects; demonstrate that the cover can support a minimum re- 7. Exterior walls that are not anchored to supporting and quired weight; limitations on openings in the cover and supported elements or are not plu?1b and fr~e of holes, minimum installation requirements . cracks or breaks and loose or rottmg matenals, are not

GENERAL REQUIREMENTS properly anchored or are not capable of supporting all forming its intended function thus becoming unsafe. nominal loads and resisting all load effects; Item 2 deals with required str ength of connections '8. Roofing or roofing components that have defects that between structural members. More specifically each admit rain, roof surfaces with inadequate drainage, or connection must be able to resist nominal loads and any portion of the roof framing that is not in good repair load effects; otherwise, the building or affected portion with signs of deterioration, fatigue or without proper thereof is to be regarded as unsafe. Anchorage of vari- anchorage and incapable of supporting all nominal ous elements of a structure is essential to its stability. loads and resisting all load effects; When anchorage is not capable of transferring the in- tended loads, the structure or component is said to be 9. Flooring and flooring components with defects that unsafe. affect serviceability or flooring components that show Item 3 specifies that any condition beyond which a signs of deterioration or fatigue, are not properly structure or member becomes unfit for service and is anchored or are incapable of supporting all nominal judged to be no longer useful for its intended function loads and resisting all load effects; is to be unsafe. This includes its serviceability limit and 10. Veneer, cornices, belt courses, corbels, trim, wall fac- strength limit state. Limit state as defined by the IBC is ings and similar decorative features not properly a condition beyond which a structure or member be- anchored or that are anchored with connections not comes unfit for service and is judged to be no longer capable of supporting all nominal loads and resisting useful for its intended function (serviceability limit all load effects; state) or to be unsafe (strength limit state). Any struc- ture reaching this state is said to be unsafe. 11. Overhang extensions or projections including, but not Since weather penetration can degrade structural limited to, trash chutes, canopies, marquees, signs, components, Item 4 specifies that if any joint in the awnings, fire escapes, standpipes and exhaust ducts not building envelope allows weather to penetrate, it may properly anchored or that are anchored with connec- be used as a basis to classify the structure as unsafe. tions not capable of supporting all nominal loads and This may be, in and of itself, the basis for the classifica- resisting all load effects; tion. However, supporting evidence of deterioration 12. Exterior stairs, decks, porches, balconies and all similar caused by the penetration would add weight to the appurtenances attached thereto, including guards and characterization as unsafe. handrails, are not structurally sound, not properly Item 5 addresses structural members. Structural anchored or that are anchored with connections not members are essential to the structural integrity of any capable of supporting all nominal loads and resisting building. If any structural member is deteriorated to the all load effects; or point that it cannot safely support the nominal loads, 13. Chimneys, cooling towers, smokestacks and similar the building may be regarded as unsafe. appurtenances not structurally sound or not properly Item 6 addresses foundations. Foundation systems anchored, or that are anchored with connections not are essential to the structural integrity of any building. capable of supporting all nominal loads and resisting If any portion of any foundation system is not sup- all load effects. ported by adequate soil or is not plµmb as intended to distribute the loads or has cracks or breaks or inade- Exceptions; quately anchored, the building may be regarded as un- 1. When substantiated otherwise by an approved safe. method. Item 7 addresses exterior walls. Exterior walls are essential to the structural integrity of any building. If 2. Demolition of unsafe conditions shall be per- any portion of any exterior or bearing wall system is mitted when approved by the code official. not supported by adequate foundation or is not plumb •!•The purpose of these requirements is to set out gen- as intended to distribute the loads or has cracks or eral and specific delineations in a building or structure breaks or inadequately anchored, the building may be that would make it unsafe. These delineations allow regarded as unsafe. the code official more specific references to conditions Item 8 addresses roofing and roofing components. that characterize an unsafe building or structure. Since weather penetration can degrade structural Section 304.1.1 describes in detail unsafe condi- components, this section specifies that if any roof tions related to the exterior of the structure to provide component allows weather to penetrate, it may be the code official the ability to require replacement or used as a basis to classify the structure as unsafe. repair. This may be, in and of itself, the basis for the classifica- Item 1 indicates that if the strength of the structural tion. However, supporting evidence of deterioration member is exceeded by either the nominal loads or caused by the penetration would add weight to the load effects, the condition is to be regarded as unsafe. characterization as unsafe. Additionally, any structural Nominal strength and load effects, as defined by the component of the roof assembly not capable of sup- IBC and Items 2-13 of this section, are when a struc- porting design loads is a basis for classifying as un- ture or component is regarded as incapable of per- safe.

GENERAL REQUIREMENTS thousands of dollars in damage to insulation , plaster, structurall y safe and sound, and in good repair. All ex posed studs and joists. Roof leaks usually occur along valley surfaces of metal or wood shall be protected fro m the elements areas, around plumbing vents, chimneys, dormers and against decay or rust by periodic application of weather- and other penetrations through the roof. coating materials, such as paint or similar surface treatment. Water runoff should be diverted away from the struc- ture to prevent damage to the foundation and other •:•Chimneys, towers of all types and other similar appur- tenances are frequently ignored until they become structural elements. Runoff must be diverted away from neighboring properties, public sidewalks , alleys nonfunctional or are in danger of collapse . Because of the corrosiveness of the exhaust gases, chimneys and and streets to prevent nuisance problems . Two prob- smokestacks often deteriorate on the inside first. The lems that can result from improper water runoff are code official should examine chimneys and towers for flooding of basements and standing water or ice excessive rust, loose or missing mortar and cracked or buildup on sidewalks, alleys and streets. Drains, gut- disintegrating bricks. ters and downspouts must be kept in working order so Occasionally, deterioration may become sufficient that water runoff is properly diverted. to prevent the chimney or smokestack from operating 304.8 Decorative features. All cornices, belt courses, corbels, properly. Obstructed chimneys have caused numer- terra cotta trim, wall fac ings and simil ar decorative features ous carbon monoxide deaths. If fuel-burning appli- shall be maintained in good repair with proper anchorage and ances vent into chimneys or smokestacks , the code in a safe condition. official should see that the exhaust gases are being •:• Exterior decorative features require regular mainte- properly conveyed to the chimney, including the con- nance to prevent their deterioration and to keep them nection of the vent to the chimney. from falling from the building . Weather-coating materials may be applied periodi- cally to reduce the effects of the elements on these 304.9 Overhang extensions. All overhang extensions includ- items. ing, but not limited to canopies, marquees, signs, metal awn- ings, fire escapes, standpipes and exhaust ducts shall be 304.12 Handrails and guards. Every handrai l and guard shall maintained in good repair and be properly anchored so as to be be firmly fas tened and capable of supporting normally kept in a sound condition. When required, ail exposed surfaces imposed loads and shall be maintained in good condition. of metal or wood shall be protected from the elements and •:• This section provides for the safety and maintenance against decay or rust by periodi c application of weather-coat- of handrails and guards. ing materials, such as paint or similar surface treatment. ~04.13 Wind'ow, skylight and door frames·. Every wind'mv, •:•Most problems related to overhang extensions, espe- skylight, door and fra me shall be kept.in sound condition, good cially signs, marquees, fire escapes and awnings, are repair and weather ti uht. a result of deterioration at the points where they are anchored to the bu ilding. Anchorage points should be •:+.AU windows., skylights an d doors must be inst alled in carefully inspected on a regular basis. tbe-ir frames so that they are...weather tight (.!Jl.:, able to Fire escapes , standpipes and exhaust ducts serve prevent wind , rain or other elements from entering the the critical functions of providing proper exiting, fire s~ruetu re) . A workmanl.ike installation will provide ap- protection and the removal of exhaust products. Regu- 1prop.ria.fe protection while maintaining operational lar maintenance is important for their continued com- capaffil'ity. pliance with the code. 3'0'~. 13:1 {;lazing. All glazing mater~als shall be ma·intained 304.10 Stairways, decks, porches and balconies. Every exte- tree from cracks and holes. rior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in •:O All lass is to be maintained without open cracks or good repair, with proper anchorage and capable of supporting ho1·es , wnich can admit wind and moisture. Defective the imposed loads. g1ass poses hazards to o.cc up an ts . •:• Every exterior stairway, deck, porch and balcony, and 304.13.2 Openable windows. Every window, other than a all appurtenances attached thereto, shall be main- fixed window, shall be easily openable and capable of being tained structurally sound , in good repair, with proper held in position by window hard ware. anchorage and capable of supporting the imposed •:•Windows that have broken or arn missing hold-open loads. hardware create a dual hazard. Regular maintenance is required to keep stairs, First, windows without hardware are frequently decks, porches and balconies in good repair so they propped open with sticks and other objects . These ob- do not become a hazard to occupants or visitors . Posi- jects can be dislodged and cause the windows to fall, tive anchorage of elevated decks and exterior stairs causing bodily injuries. that may be subject to collapse is especially important. Second, in the event of a fire, occupants are at an in- The IBC shall be consulted for required live loads creased risk if windows cannot be readily secured in that these elements are typically required to support. an open position . People have died because of inoper- 304.11 Chimneys and towers. All chimneys, cooling towers, able windows , even though they could have easily bro- smoke stacks, and similar appurtenances shall be mai ntai ned ken the windows and escaped . It is advisable for the - - - -- - ·-·---· . . ...... -----(,;\ -- --- --