Chapter 26. Housing and Building Maintenance Standards - Regulations

Approval finality. The security measure requirements contained in section 26-10A are administered by the Director of the Department of Housing and Community Development who is the final authority in all matters pertaining to the approval or disapproval of a security measure.

Dependency conditions. An approval may be made dependent on other acts, such as but not limited to, operation of a television monitoring system, maintaining doors of adequate strength, or restrictions on the number of people with access to a master key.

Key control. When a lode is altered to prevent the use of a master or duplicate key, the pin setting must be changed or the cylinder replaced with one that cannot be operated by the master or duplicate key.

Alteration. Whenever a lock is altered it must be made operable and a new key provided immediately.

Logging. When a master key which is normally in the personal possession of the owner, property or resident manager, engineer, maintenance worker, or other staff member is given or temporarily loaned to someone else, that person must record the name of the person who was given possession of the key and the date and time given and returned in a key control log.

Loans. A master key must not be assigned, given, or temporarily loaned to someone else unless the owner or operator has determined that such transfer is essential to the proper operation or maintenance of the building.

Securing of. Any spare master key and any duplicate keys must be secured in a locked cabinet, safe, wall mounted key case, or similar secured container which is not easily removed from the premise.

Tenant key. Every owner must issue or provide the tenant with at least 1 key to all door and window locks.

Deadbolt locks. The deadbolt locks required by Sec. l0A(b) must be of the vertical bolt type or, have a 1 inch bolt if of the horizontal bolt type, and have a cylinder guard.

Sliding doors. The sliding, door panel of every sliding door must be secured in place against removal when locked, by the manufacturer's lock and by an additional device that secures the door or window within its frame. Such additional device may include:

Double, french, or paired exterior doors. All double, french, or paired exterior doors must be equipped with:

Door hinges. Hinges attached to any entrance or exit door to rental dwelling units must be installed with the hingepin facing the inside of the premise, or be protected in any other manner so as to prevent removal of the door from outside the premise.

Viewers. All viewers installed after April 16, 1982 as original equipment or as replacement must provide at least a 160° field of vision. Existing viewers with a narrower field of vision will be accepted until the door or viewer is replaced.

Window locks.

Approval finality. The housing standards for accessory apartments contained in Chapter 26 are administered by the Director of the Department of Housing and Community Development who is the final authority in all matters pertaining to the approval or disapproval of an accessory apartment dwelling unit.

Dependency conditions. An approval may be made dependent on other laws and regulations, such as, but not limited to, the installation of a fire sprinkler system.

The kitchen sink must be suitable for food preparation and for cleaning cooking and eating implements. A small "bar" sink or a laundry tub may be used if it is located in the same work area with the stove, refrigerator and counter space.

A stove must include both top burners and a convector oven. A microwave oven is not a substitute.

Portable cooking equipment employing flame is prohibited.

Surfaces of sinks, tubs, showers and water closets must be of smooth, hard nonabsorbent material, free of cracks, scratches or pores that could retain water or dirt. Worn, cracked or scratched surfaces exposing a porous, absorbent structural material is prohibited.

Safe, unobstructed means of escape leading to safe and open space at ground level requires:

The glazed area of the required windows, skylights, monitors, glazed doors, transoms, glass block panels or other light transmitting media open to the sky or to a public street, yard or court may be omitted where artificial light is provided by installed ceiling or wall fixtures capable of producing an average illumination of 6 foot candles (or equivalent of a 60 watt bulb) over the area of the room at a height of 30 inches above the floor level. (See also Sec. 26-6(d)(1) requirement for 3 watts per square foot).

The glazed areas need not be openable where mechanical ventilation is provided capable of producing a change of air every 30 minutes and the opening is not required for escape.

Proper installation of electric service, outlets and fixtures includes:

Proper installation of heating facilities and maintenance of those facilities in safe and good working condition includes:

An accessory apartment for rental use must be fully separated, as a subordinate dwelling unit, from the main dwelling unit. Walls and lockable doors in doorways must afford privacy.

Floors and walls of shower and bath areas must be finished with a smooth, hard, nonporous, and nonabsorbent surface to a height of not less than 6 feet above the floor.

Every inside or outside stair of 3 or more risers must have a handrail on at least one side. The maximum and minimum heights of the handrail are 34 inches and 30 inches respectively, measured vertically from the nosing of the treads. Open sides of stairs must be protected.

Porches, balconies or raised floor surfaces located more than 30 inches above the floor or grade below must have guardrails not less than 36 inches in height.

In habitable rooms other than kitchens, beams spaced at least 4 feet on center may project to 6 inches below the minimum ceiling height.

In basements, furred ceilings under primary structural beams, mechanical ducts, and plumbing pipes may have a height not less than 6 feet and 8 inches.

Initial Inspection for the purposes of this regulation, means the inspection of a Vacant Dwelling conducted by the Department to assess an Owner’s compliance with a previously issued notice of violation of Chapter 26. The results of the Initial Inspection shall be used as the basis of the Director’s determination about whether to designate a Vacant Dwelling unit as an Unmaintained Vacant Dwelling; and, the date of the Initial Inspection shall be the date used to calculate the assessment of any inspection fees.

Subsequent Inspection means any inspection of an Unmaintained Vacant Dwelling conducted after the Initial Inspection, including a second inspection, third inspection, fourth inspection, and so forth, that is required to assess a Vacant Dwelling’s compliance with Chapter 26, and to ensure that the Vacant Dwelling remains secured against casual entry.

The Director may designate a Vacant Dwelling as an Unmaintained Vacant Dwelling following a notice of violation issued under Section 26-12 if an Owner fails to take the remedial action required, and within the timeframe specified, in the notice of violation.

Upon the Director’s determination that a Vacant Dwelling is an Unmaintained Vacant Dwelling, the Director shall provide notice to the Owner within 30 days of the Director’s determination. This notice shall also advise the Owner of the Owner’s right to appeal the designation of the Owner’s property as an Unmaintained Vacant Dwelling within 10 days of the date of the Director’s notice. The Director’s notice shall also provide information on the appeal process for challenging the Director’s designation.

The Director shall designate as an Unmaintained Vacant Dwelling:

Inspection frequency. The Department must inspect an Unmaintained Vacant Dwelling at least once in each twelve-month period to assess the Unmaintained Vacant Dwelling Unit’s compliance with Chapter 26, and to ensure that the property remains secured against casual entry, if applicable. In addition to inspections initiated in response to specific complaints received by the Department regarding an Unmaintained Vacant Dwelling, the Department may conduct more frequent inspections based upon reasonable assumptions and pertinent factors that indicate that more frequent inspections are warranted. Such factors include, but are not limited to:

Nothing in this regulation prohibits the Department from citing the Owner of an Unmaintained Vacant Dwelling for additional violations of Chapter 26 based upon the results of a Subsequent Inspection.

The Department shall charge an inspection fee for each Subsequent Inspection of an Unmaintained Vacant Dwelling; inspection fees for Subsequent Inspections will be charged according to the following fee schedule:

Subsequent Inspections and the associated inspection fees shall be calculated from the date of the Initial Inspection.

The inspection designation and fee schedule shall be re-initiated upon legal transfer of ownership of the Dwelling.

The Department may take legal action to collect inspection fees assessed under this regulation, including the right to levy a lien on the Unmaintained Vacant Property and collect the lien in the same manner as taxes are collected.

An Owner appealing the designation of the Owner’s property as an Unmaintained Vacant Dwelling under Section 26-25 must do so on a form prescribed by the Department, and must provide documentation required by the Department, in order for the Director to reconsider the designation as an Unmaintained Vacant Dwelling. Required documentation includes, but is not limited to:

For a claim that the Dwelling was improperly designated as a Vacant Dwelling as defined under Chapter 26, the Owner must permit the Department to inspect the Dwelling to verify occupancy and compliance with Chapter 26.

In the case of a successful appeal of the Director’s designation, any inspection fees assessed under this regulation shall be removed from the Owner’s tax bill, or if the inspection fees have been paid, they will be refunded to the Owner.

An Owner whose appeal of the Director’s designation under these regulations is successful must continue to maintain the Dwelling in compliance with Chapter 26.

At the Director’s sole discretion, any inspection fee authorized under this regulation may be held in abeyance (“fee suspension”) if the Owner demonstrates to the Director’s satisfaction, that the Owner’s failure to correct a violation is due to temporary factors beyond the Owner’s control. In such case, the Director shall establish a reasonable period for the Owner to comply with Chapter 26. If, after that reasonable period, the Owner is still not in compliance, the inspection fee will be assessed. Examples of factors beyond the control of the Owner include, but are not limited to, material or supplies to correct the violation(s) are on back-order, or repairs cannot be made due to seasonal conditions.

For a fee suspension to be granted, the Director must determine that the Owner is making a good faith effort to correct violations, as demonstrated by at least fifty percent (50%) of the violations identified during the Initial Inspection being corrected during the period provided in the notice of violation issued under 26-12.

For a fee suspension to be granted, the Owner must provide documentation, acceptable to the Director, substantiating the reason for the Owner’s delay in correcting violations, documenting the Owner’s good faith efforts since the Initial Inspection to correct all violations, including but not limited to, providing the Director executed contracts for services and labor and invoices for materials and supplies, and providing the Director with a good faith plan, including a reasonable timeframe, to correct all remaining violations by a date certain.

An Owner’s failure to comply with the requirements of this Section 26.00.03.06 may result in the Department issuing civil citations in addition to assessing inspection fees.