LE SUEUR CITY COUNCIL WORK

SESSION AGENDA
Monday, April 6, 2015
203 South Second Street
6:30 P.M.

1. Call to Order – Mayor Broeder

2. Delinquent Utility Accounts/Disconnect Policies and Procedures

3. Property Maintenance Regulations

4. Adjourn
 CITY OF LE SUEUR
MEMORANDUM

TO: Mayor and Council

FROM: Jenelle Teppen, City Administrator

SUBJECT: Discuss Delinquent Utility Account Processes and Procedures

DATE: For the City Council Work Session of April 6, 2015

PURPOSE/ACTION REQUESTED
The City Council should discuss processes and procedures regarding delinquent utility accounts.

SUMMARY
The City adopted the attached ordinance in 1991 to address the process the City employs
regarding delinquent utility accounts, and to set forth the rights afforded the utility customer.

City staff currently processes billing for approximately 1800 utility accounts monthly. These
include both residential, commercial and rental units with charges for water, sewer, electric and
refuse.

Currently at 60-days or above $30 past due, a past due notice is mailed to the account holder.
Customers are asked to bring their accounts current immediately, or make arrangements for
payment. If a customer does not pay their outstanding balance in full or make payment
arrangements by the date indicated in the letter, a door hangar is delivered to the premises
alerting them to immediate disconnect.

Minnesota’s Cold Weather Rule requires that a utility is not disconnected in full from October 15
through April 15 if that disconnection would in any way affect the primary heat source of the unit.
An exception to that is if we follow the notification requirements we can install a service or load
limiter that interrupts electrical service (30 minutes on/30 minutes off) until payment has been
made.

We currently average about 200 past due notices each month, and out of those about 100 get
door hangars, and from those about 15 get disconnected.

As you can imagine, this is a process that requires a great deal of staff time across departments
each month (at least five different staff might be involved in one way or another).

A recommendation of the Financial Process Evaluation was to take advantage of state law that
allows for certification of delinquent utility bills to property taxes. I have attached the authorizing
state statue and the memorandum from the League of Minnesota Cities on the topic.
While the statutory authority exists for water and sewer charges to be certified, electric utilities do
not have that same specific statutory authority. As you can see by the League’s memo, they are
cautious about whether a municipality should proceed with certification of electric charges. The
research conducted by staff indicates that several utilities across the state have adopted
ordinances that allow for electric charges to be certified to property taxes without challenge.

There are a number of advantages to adopting an ordinance to allow for certification of delinquent
utility bills to property taxes:

 Staff time is eliminated in trying to collect payment.

 If a property owner declares bankruptcy certified charges take priority over other
unsecured creditors.
 Certification eliminates large outstanding bills carried over from year to year.
 If a property with a delinquent account is sold the city is protected.
 Certified charges survive the tax forfeiture process and eventually the City will receive
payment.

A separate but related issue is that the City currently requires that utilities be in the name of the
tenant in rental situations. We are currently carrying over $55,000 in payments due from people
who have moved without paying their final bill.

In the past the City has sent those past due accounts to a collection agency and when they are
able to find the person and secure funds, the City recaptures 50% of the outstanding debt.
Beginning this year we are now bypassing the collection agency and using the Minnesota
Department of Revenue and their Revenue Recapture Program. If any of these individuals have
a property tax refund due to them, the Department of Revenue will intercept the payment and
apply the funds to their debt with the City (and any other of the approved agencies). If a refund
is intercepted a $15 fee for each claim offset is deducted from the debtor’s refund.

There are a number of cities that require the property owner or landlord to be the utility customer
rather than the tenant. This would likely reduce the number of read in/read outs staff processes
(in 2014 there were 373 requests each requiring 25-40 minutes of staff time to process). This
also ensures us of fewer unpaid accounts.

RECOMMENDATION
Staff recommends the Council direct staff to draft an ordinance providing for the certification of
delinquent utility accounts for collection with property taxes and to include the requirement for
landlords or property owners to hold the account in an effort to reduce/eliminate staff time
associated with the monthly disconnection process and to assure that revenues are eventually
received. For the purposes of this discussion, “utility” means water, sewer, electric and refuse.

 
1 MINNESOTA STATUTES 2014 444.075

444.075 WATERWORKS SYSTEMS; STORM, SANITARY SEWER SYSTEMS.

Subdivision 1. Definitions. The definitions in this subdivision apply in this section.

(a) "Municipality" means a home rule charter or statutory city or a town that is not in an orderly an-
nexation process on October 3, 1989.

(b) "Governing body" means the town board with respect to towns.

(c) "Waterworks" means waterworks systems, including mains, valves, hydrants, service connections,
wells, pumps, reservoirs, tanks, treatment plants, and other appurtenances of a waterworks system.

(d) "Sanitary sewer" means sanitary sewer systems, including sewage treatment works, disposal
systems, and other facilities for disposing of sewage, industrial waste, or other wastes.

(e) "Storm sewer" means storm sewer systems, including mains, holding areas and ponds, and other
appurtenances and related facilities for the collection and disposal of storm water.

(f) "Facilities" means and includes waterworks, sanitary sewer and storm sewer systems, or any portion
or portions thereof.

Subd. 1a. Authorization. Any municipality may build, construct, reconstruct, repair, enlarge, improve,
or in any other manner obtain facilities, and maintain and operate the facilities inside or outside its corporate
limits, and acquire by gift, purchase, lease, condemnation, or otherwise any and all land and easements
required for that purpose. The authority hereby granted is in addition to all other powers with reference
to the facilities otherwise granted by the laws of this state or by the charter of any municipality. The
authority regarding storm sewers granted to municipalities which have territory within a watershed which
has adopted a watershed plan pursuant to section 103B.231 shall be exercised, with respect to facilities
acquired following the adoption of the watershed plan, only for facilities which are not inconsistent with the
watershed plan. The authority regarding storm sewers granted to municipalities which have adopted local
water management plans pursuant to section 103B.235 shall be exercised, with respect to facilities acquired
following the adoption of a local plan, only for facilities which are not inconsistent with the local plan.
Counties, except counties in the seven-county metropolitan area, shall have the same authority granted to
municipalities by this subdivision except for areas of the county organized into cities and areas of the county
incorporated within a sanitary district established by special act of the legislature.

Subd. 2. Financing. For the purpose of paying the cost of building, constructing, reconstructing,
repairing, enlarging, improving, or in other manner obtaining the facilities or any portion of them, and of
obtaining and complying with permits required by law, a municipality or county may issue and sell its
general obligations, which may be made payable primarily from taxes or from special assessments to be
levied to pay the cost of the facilities or from net revenues derived from facilities service charges or from
other nontax revenues pledged for their payment under charter or other statutory authority, or from two or
more of the sources; or it may issue special obligations, payable solely from taxes or special assessments
or from revenues, or from two or more of the sources. Real estate tax revenues should be used only, and
then on a temporary basis, to pay general or special obligations when the other revenues are insufficient
to meet the obligations. All obligations shall be issued and sold in accordance with chapter 475. When
special assessments are pledged for the payment of the obligations, they shall be authorized and issued in
accordance with the provisions of chapter 429, or of the city's charter if it authorizes these obligations and
the governing body determines to proceed under the charter. When net revenues are pledged to the payment

Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
444.075 MINNESOTA STATUTES 2014 2

of the obligations, together with or apart from taxes and special assessments, the pledge shall be made in
accordance with the provisions of subdivision 3.

Subd. 2a. Collection of charges by watershed districts. (a) With respect to watershed districts, charges
established under section 103D.729 for the purpose of projects under section 103D.730 may be billed and
collected in a manner the district shall determine, including certification to the counties with territory within
the district for collection by the counties. A county may bill and collect the charges in a manner the county
board shall determine or as described in paragraph (b).

(b) On or before October 15 in each year, the district or county board may certify to the county auditor
all unpaid outstanding charges, and a description of the lands against which the charges arose. The county
auditor shall extend the charges with interest not to exceed the interest rate provided for in section 279.03,
subdivision 1, upon the tax rolls of the county for the taxes of the year in which the charge is filed. For
each year ending October 15 the charge with interest shall be carried into the tax becoming due and payable
in January of the following year, and shall be enforced and collected in the manner provided for the en-
forcement and collection of real property taxes. The charges, if not paid, shall become delinquent and subject
to the same penalties and the same rate of interest as real property taxes.

(c) Any individual may appeal the charges under section 103D.535.

Subd. 3. Charges; net revenues. (a) To pay for the construction, reconstruction, repair, enlargement,
improvement, or other obtainment, the maintenance, operation and use of the facilities, and of obtaining
and complying with permits required by law, the governing body of a municipality or county may impose
just and equitable charges for the use and for the availability of the facilities and for connections with
them and make contracts for the charges as provided in this section. The charges may be imposed with
respect to facilities made available by agreement with other municipalities, counties or private corporations
or individuals, as well as those owned and operated by the municipality or county itself.

(b) Notwithstanding local charter restrictions, charges made for service rendered shall be as nearly as
possible proportionate to the cost of furnishing the service.

Subd. 3a. Sanitary sewer charges. Sanitary sewer charges may be fixed:

(1) on the basis of water consumed; or

(2) by reference to a reasonable classification of the types of premises to which service is furnished; or

(3) by reference to the quantity, pollution qualities and difficulty of disposal of sewage produced; or

(4) on any other equitable basis including any combination of equitable bases referred to in clauses (1)
to (3), but specifically excluding use of the basis referred to in subdivision 3b, clause (1); and otherwise
without limit.

Subd. 3b. Storm sewer charges. Storm sewer charges may be fixed:

(1) by reference to the square footage of the property charged, adjusted for a reasonable calculation of
the storm water runoff; or

(2) by reference to a reasonable classification of the types of premises to which service is furnished; or

(3) by reference to the quantity, pollution qualities, and difficulty of disposal of storm water runoff
produced; or

Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
3 MINNESOTA STATUTES 2014 444.075

(4) on any other equitable basis, including any combination of equitable bases referred to in clauses (1)
to (3), but specifically excluding use of the basis referred to in subdivision 3a, clause (1); and otherwise
without limit.

Subd. 3c. Minimum charges. (a) Minimum charges for the availability of water or sewer service may
be imposed for all premises abutting on streets or other places where municipal or county water mains or
sewers are located, whether or not connected to them.

(b) Minimum charges or user charges collected for waterworks, sanitary sewers, or storm sewers must
be used only to pay for items for which charges are authorized in subdivision 3.

Subd. 3d. Facilities' connection charges. Charges for connections to the facilities may in the discretion
of the governing body be fixed by reference to the portion of the cost of connection which has been paid
by assessment of the premises to be connected, in comparison with other premises, as well as the cost of
making or supervising the connection.

Subd. 3e. Who may be charged; unpaid charges. The governing body may make the charges a charge
against the owner, lessee, occupant or all of them and may provide and covenant for certifying unpaid
charges to the county auditor with taxes against the property served for collection as other taxes are collected.

Subd. 3f. Tax levies for public charges. The governing body may fix and levy taxes for the payment
of reasonable charges to the municipality or county itself for the use and availability of the facilities for
fire protection, for maintaining sanitary conditions, and for proper storm water drainage in and for public
buildings, parks, streets, and other public places.

Subd. 3g. Reasonableness of charges. In determining the reasonableness of the charges to be imposed,
the governing body may give consideration to all costs of the establishment, operation, maintenance, de-
preciation and necessary replacements of the system, and of improvements, enlargements and extensions
necessary to serve adequately the territory of the municipality or county including the principal and interest
to become due on obligations issued or to be issued and the costs of obtaining and complying with permits
required by law.

Subd. 3h. When charges are not unreasonable. When net revenues have been appropriated to the
payment of the cost of the establishment, or of any specified replacement, improvement, enlargement or
extension, or to pay the principal and interest due on obligations to be issued for such purpose, no charges
imposed to produce net revenues adequate for the purpose shall be deemed unreasonable by virtue of the
fact that the project to be financed has not been commenced or completed, if proceedings for it are taken
with reasonable dispatch and the project, when completed, may be expected to make service available to
the premises charged which will have a value reasonably commensurate with the charges.

Subd. 3i. Collections first for current costs. All charges, when collected, and all moneys received
from the sale of any facilities or equipment or any by-products, shall be placed in a separate fund, and used
first to pay the normal, reasonable and current costs of operating and maintaining the facilities.

Subd. 3j. Excess net revenues may be used for debt. The net revenues received in excess of the costs
may be pledged by resolutions of the governing body, or may be used though not so pledged, for the payment
of principal and interest on obligations issued as provided in subdivision 2, or to pay the portion of the
principal and interest as may be directed in the resolutions, and net revenues derived from any facilities of
the types listed in subdivision 1a, whether or not financed by the issuance of the obligations, may be pledged
or used to pay obligations issued for other facilities of the same types.

Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
444.075 MINNESOTA STATUTES 2014 4

Subd. 3k. Covenants to secure debt payments. In resolutions authorizing the issuance of either general
or special obligations and pledging net revenues to them, the governing body may make covenants for the
protection of holders of the obligations and taxpayers of the municipality or county as it deems necessary,
including, but without limitation, a covenant that the municipality or county will impose and collect charges
of the nature authorized by this section at the times and in the amounts required to produce, together with
any taxes or special assessments designated as a primary source of payment of the obligations, net revenues
adequate to pay all principal and interest when due on the obligations and to create and maintain reserves
securing the payments as may be provided in the resolutions.

Subd. 3l. Enforceability of covenant. When a covenant is made it shall be enforceable by appropriate
action on the part of any holder of the obligations or any taxpayer of the municipality or county in a court
of competent jurisdiction, and the obligations shall be deemed to be payable wholly from the income of the
system whose revenues are so pledged, within the meaning of sections 475.51 and 475.58.

Subd. 4. Levy assessments. The governing body of a municipality or county may also levy assessments
against property within the municipal or county limits benefited by the facilities under the procedure au-
thorized by law or charter with reference to other assessments for benefits of local improvements, may
transfer and use for the purposes hereof surplus funds of the municipality or county not specifically dedicated
to another purpose, and may levy taxes on property within the municipal or county limits for the purposes.
A municipality or county may contract with any person, company or corporation for the purposes and under
the restrictions set forth in subdivision 5. The contract shall be binding upon the parties to it for the full
term agreed upon but in no event more than 30 years, and shall not be changed by either party without the
consent of the other party.

Subd. 5. Connection with facilities; charges. A municipality or county may permit a person, company
or corporation located and doing business inside or outside the municipal or county limits to connect with the
facilities and make use of them upon terms and upon the payment of fees and charges as may be prescribed
or contracted for by the municipality or county, and to contract with a person, company or corporation
for the payment by the person, company or corporation of a part of the cost of construction, maintenance
or use of the facilities and to receive from the person, company or corporation doing business inside or
outside the municipal or county limits payment in cash or installments of the portion of the cost of the
construction, maintenance or use as may be agreed upon or contracted for with the municipality or county
and devote the money received to the purpose of the construction, maintenance or use. The proportionate
cost of construction, maintenance or use of the facilities to be paid by the person, company, or corporation
may be made payable in installments due at not greater than annual intervals for a period not to exceed 30
years. A person, company or corporation which may pay part of the cost of construction, maintenance or use
of the facilities in the manner described, shall have the right to use the facilities for the disposal or treatment
of sewage, industrial waste, or other wastes, by the municipality or county upon the payment of reasonable
charges for the use of the facilities or the charges contracted for in case there is a contract as provided in
this subdivision. A municipality or county may contract with another municipality or county for the joint or
cooperative obtainment or use of such facilities without limitation of time.

Subd. 6. [Repealed, 1963 c 696 s 4]

History: 1949 c 394 s 1-4; 1951 c 366 s 1; 1953 c 195 s 1; 1955 c 296 s 1; 1957 c 608 s 1; 1959 c 294
s 1; 1963 c 696 s 1-3; 1973 c 123 art 5 s 7; 1973 c 702 s 23; 1983 c 183 s 1,2; 1985 c 169 s 15; 1Sp1985
c 16 art 2 s 12,13; 1Sp1989 c 1 art 5 s 31; art 17 s 8; 1990 c 391 art 8 s 45; 1996 c 471 art 8 s 18; 2004
c 141 s 1-4; 2008 c 331 s 8

Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
 INFORMATION MEMO

Securing Payment of Utility Charges

Learn about setting rates for municipal utilities and on what basis cities may make charges;
applicability of state sales tax. Find a discussion of credits and penalties; special rules for rental
property, manufactured homes, properties in foreclosure or in bankruptcy. Lists remedies for
nonpayment. Federal clean water act and red flag rule requirements; Minnesota Cold Weather Rule.
Links to many sample forms involved in seeking payment of utility charges.

RELEVANT LINKS: I. Municipal waterworks

Minn. Stat. § 444.075. Municipal waterworks operate as an enterprise or like a private business. To
County of Washington v. City
of Oak Park Heights, (Minn. pay for the entire system city councils may impose just and equitable
2012). charges for the services. A city has the authority to impose any combination
33 Dunnell Minn. Digest of use, availability, and connection charges to finance sewer and water
Municipal Corporations § facilities. A municipal utility may use a combination of different methods to
9.12.
procure payment for utility service charges.

II. Federal Clean Water Act

All the requirements in the federal law are beyond the scope of this memo.
One annual requirement affects many city water utilities. The law requires
an annual report to each resident, describing the quality of water in each
city.

A. Consumer Confidence Reports

Minnesota Department of Water suppliers that serve the same people year-round must prepare annual
Health: Consumer
Confidence Reports. water quality reports (consumer confidence reports) for their customers. The
reports come out in July of each year.

B. Required information
United States Environmental While water systems are free to enhance their reports in any useful way,
Protection Agency: Water:
Consumer Confidence Report each report must provide consumers with the following fundamental
Rule. information about their drinking water:
x The lake, river, aquifer, or other source of the drinking water.
x A brief summary of the susceptibility to contamination of the local
drinking water source based on the source water assessments by states.
x How to get a copy of the water system's complete source water
assessment.

This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations.

145 University Ave. West www.lmc.org 1/24/2012

Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2012 All Rights Reserved
 RELEVANT LINKS:

x The level (or range of levels) of any contaminant found in local drinking
water, as well as EPA's health-based standard (maximum contaminant
level) for comparison.
x The likely source of that contaminant in the local drinking water supply,
if any.
x The potential health effects of any contaminant, if any, detected in
violation of an EPA health standard, and an accounting of the system's
actions to restore safe drinking water.
x The water system's compliance with other drinking water-related rules.
x An educational statement for vulnerable populations about avoiding
Cryptosporidium (a type of parasite).
x Educational information on nitrate, arsenic, or lead in areas where these
contaminants may be a concern.
x Phone numbers of additional sources of information, including the water
system and EPA's Safe Drinking Water Hotline.

III. Structure of utilities

Minn. Stat. § 412.321, subd. The law authorizes any statutory city to own and operate the following
1.
Minn. Stat. § 412.221, subd. utilities: waterworks, district heating systems, gas, electrical, heat or power
6. systems, or hydroelectric generating plants.
Minn. Stat. § 453.51.

A. Types of municipal utilities

State, v. Waughtal, No. C5-
Cities may use their police powers to require residents to connect to city
92-2400, (Minn. Ct. App. water for public health reasons. A Minnesota case finds that a township has
Aug. 25, 1993) (unpublished the authority to require by ordinance that city residents connect to city water.
decision).
This unpublished case references a number of U.S. Supreme Court cases
finding (many years ago) that, for public health reasons, cities have the
authority to require residents to connect their “water closets,” or toilets, to
city sewer systems. The case also refers to other U.S. Supreme Court cases
finding that such ordinances are a valid exercise of a city’s police powers.
Because of these U.S. Supreme Court findings, it is not likely that a
Minnesota court would disagree with this case. Cities must adopt a local
ordinance that requires and explains connections, rates, billing, and other
information.
Minn. Stat. § 453.51 - 453.62. Statutory and charter cities have the authority to jointly form a separate
municipal corporation to finance and acquire facilities for the generation or
transmission of electric energy. These municipal power agencies have broad
authority to acquire, build, and operate electric generation or transmission
facilities.

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Securing Payment of Utility Charges Page 2
 RELEVANT LINKS:

Minn. Stat. § 452.08. Cities of the first class have specific power to own, construct, acquire,
purchase, maintain, and operate any public utility.
Minn. Stat. § 216B.2422. Large municipal power agencies (with the capability of generating 100,000
kilowatts or more of electric power and serving, either directly or indirectly,
the needs of 10,000 retail customers in Minnesota) are subject to state
renewable energy mandates. "Renewable energy" means electricity
generated through use of wind, solar, geothermal, water or liquid, trees or
other vegetation, or landfill gas.
Minn. Stat. § 452.26. Municipal and cooperative utilities may enter into a joint venture that
incorporated before June 30, 2004, to provide gas utility services.

B. Supervision of municipal utilities

Minn. Stat. § 412.321, subd. In statutory cities, municipal utilities can be supervised directly by the city
1.
Minn. Stat. § 412.331. council or the council can establish and appoint a local public utilities
commission.
Minn. Stat. § 412.341, subd. A local public utilities commission has extensive statutory powers including:
1.

Minn. Stat. § 412.361.

x The powers to extend, modify, or rebuild any public utility, and to do
anything it deems necessary for its proper and efficient operation; it may
enter into necessary contracts for these purposes.
x The power to employ all necessary help for the management and
operation of the public utility, prescribe duties of officers and
employees, and fix their compensation.
x The power to buy all fuel and supplies; it may purchase wholesale
electric energy, steam heat, hot water energy, gas or water, as the case
may be, for municipal distribution.
x The power to fix rates and to adopt reasonable rules and regulations for
utility service supplied by the municipally owned public utilities within
its jurisdiction.
x The power to enter into agreements with the council for payments by the
city for utility service; compensation for the use by either the
commission or the city of buildings, equipment, and personnel under the
control of the other; payments to the city in lieu of taxes; transfers of
surplus utility funds to the general fund; and agreements on other
subjects of relationships between the commission and the council.
Minn. Stat. § 412.391. In statutory cities, the public utilities commission may be abolished or its
jurisdiction over any particular utility transferred to the city council by a
vote of city residents.

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Securing Payment of Utility Charges Page 3
 RELEVANT LINKS:

Minn. Stat. § 216B.025. A municipal utility can also elect to become subject to regulation by the
Minn. Stat. § 216B.01 -
216B.81. Minnesota Public Utilities Commission (PUC). The PUC regulates all
commercial gas or electric utilities in all areas including rates, charges, and
so on.
The structure and applicable law determines the ways a municipal utility can
seek to recover payment for utility services.

IV. Rates in general

Minn. Stat. § 412.321, subd. A city council, or local public utilities commission, can fix rates and
1.
Minn. Stat. § 444.075, subd. establish reasonable rules and regulations for the sale of municipal utility
3(b). products. Charges for services must be, as nearly as possible, proportionate
to the cost of furnishing the service even if the local charter provides
otherwise.

A. Local ordinance
To enforce collection of utility charges, include an explanation of charges
and methods of collection in the local ordinance. Many cities refer to a fee
schedule in the city utility ordinance to allow for periodic adjustments to
charges. This allows a city to change utility charges without having to redo
the entire utility ordinance.

B. Water conservation
Minn. Stat. §103G.291. Amendments made in 2012 to water conservation law provide more
Minnesota Department of flexibility to municipal water utilities. In an effort to conserve groundwater
Natural Resources: Demand municipal water utilities serving more than 1,000 people must include a
Reduction Measures
(includes Conservation Rate “conservation rate structure” or a uniform rate structure combined with other
Structures). ways to reduce demand for water before requesting approval from the
commissioner of Health to construct a public water supply well or
requesting an increase in the authorized volume of water appropriation. The
amended law also pushes the deadline back for almost all public water
suppliers to have water demand reduction efforts in place to Jan. 1, 2015.
This deadline also applies to metropolitan area systems.

1. Conservation rates
If a conservation rate is applied to multifamily dwellings, the rate structure
must consider each residential unit as an individual user. For multi-unit
dwellings, the rate schedule must include calculating water rates based on
counting each residential unit as an individual user. The law does not specify
the type of conservation rate system required but by the effective dates, city
water utilities must not offer a rate structure that awards consumption.

League of Minnesota Cities Information Memo: 1/24/2012

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 RELEVANT LINKS:

(Rates must not go down based on increased consumption of water). Cities

must include an explanation of their conservation rate structure in their
water supply plan. For the time being, suppliers without water meters do not
have to meet this requirement.

2. Demand reduction measures

The amended law defines “demand reduction measures” as measures that
reduce water demand, water losses, peak water demands, and nonessential
water uses.

C. Basis of charges
Minn. Stat. § 444.075, subd. A statutory or home rule charter city may impose just and equitable charges
3.
See LMC model Water and for the use, availability, and connection to municipal waterworks, including
Sewer Ordinance. sewer systems. To collect utility charges, a city should pass an ordinance
that spells out utility fees and charges; an ordinance is an enforceable local
law.
Minn. Stat. § 444.075, subd. Statutory and home rule charter cities may contract to provide water to non-
5.
residents. The charges for non-residents may include, but are not limited to,
4 A.L.R.2d 595.
costs for connection, maintenance, and use of the city’s facilities. The city
prescribes the terms of the contract, including fees, charges, and future
improvements; the non-residents (either individuals or businesses) agree to
those charges. Generally speaking, city utilities may charge non-residents a
higher rate than residents if the cost of providing the service to non-residents
justifies the different rate. However, cities are not obligated to provide utility
services to residents outside city boundaries.
Minn. Stat. § 456.33. In a first class city, the governing body of the city waterworks may adopt
and enforce sensible rules on when payments for its water are due and
payable.
Minn. Stat. § 216B.025. A municipal gas or electric utility in a charter or statutory city, or a
Minn. Stat. § 216B.026.
cooperative electric association, may elect regulation of municipal gas or
electric utility services by the PUC, which would subsequently determine
reasonable rates and payment schedules for the services.
Minn. Stat. § 444.075, subd. A city may use a combination of methods to set rates for utility services,
3.
Minn. Stat. § 412.361, subd. including, but not limited to, flat rates, rates based on usage, and different
4. rates based on a reasonable classification of property (for example,
A.G. Op. 624-C-11 (Jan. 25,
1952). commercial or residential property).

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Securing Payment of Utility Charges Page 5
 RELEVANT LINKS:

D. Fair return
A.G. Op. 642-c-11 (August 5, In general, municipal water utilities are entitled to a fair return or to make a
1969).
See “Water and Sewer fair profit. A city or local water utilities commission may consider the profit
Rates,” by Ruth Hubbard, factor when setting rates for utility services. The rates, however, must also
Minnesota Rural Water
Today. be just, equitable, and reasonable as nearly as possible proportionate to the
Minn. Stat. § 444.075, subd. cost of furnishing the services.
3.

Minn. Stat. § 272.01, subd. 3. Municipally owned gas and electric facilities may set rates high enough to
Minn. Stat. § 453A.07. cover operating expenses and to make payments to the city’s general fund
Minn. Stat. § 453.57. either as a payment in lieu of taxes or as a franchise fee.

E. Municipal sewer, water, and storm water

charges set by ordinance
To enforce collection of utility charges, cities should include an explanation
of charges and methods of collection in the local ordinance. Many cities
refer to a fee schedule in the city utility ordinance to allow for periodic
adjustments to charges without redoing the entire utility ordinance.
2-25 Antieau on Local The fee schedule itself should be adopted by ordinance, rather than
Government Law, § 25.10
(2d ed. 2010). resolution, to give it the weight and enforceability of a local law.

1. Sanitary sewer charges

Minn. Stat. § 444.075, subd. The law defines “sanitary sewer” to include sanitary sewer systems, sewage
3a (4).
treatment works, disposal systems, and other facilities for disposing of
sewage, industrial waste, or other waste. For sanitary sewer, cities may
assess charges according to the amount of water consumed or by reference
to a reasonable classification of the types of premises receiving the service.
Cities may also combine these formulas to set sanitary sewer charges based
on the type of property and the amount of water used. Sanitary sewer
charges must not be based on the size, or square footage, of the property
served.

2. Water charges
Minn. Stat. § 444.075, subd. Cities may charge based on water consumed. Cities may charge flat rates, or
3.
A.G. Op. 642-c-11 (August 5, usage charges based on property classification, availability, and connection
1969). charges, for municipal water or sewer service.
A flat rate is a constant charge independent of water usage that may vary
based on the classification of the property (for example, commercial or
residential). The advantage of a flat rate is simplicity; the disadvantage is
that it does not encourage conservation.

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Minn. Stat. § 444.075, subd. Metered usage charges are based on the amount of water consumed and on
3.
classifications of property. Typically, the classifications are residential,
farm, commercial, industrial, and institutional.
Nordgren v. City of
Maplewood 326 N.W.2d 640
Connection charges may be set by reference to actual cost of connection as
(Minn. 1982). well as by reference to assessments paid by connecting property or by any
Crown Cork & Seal Co. v.
City of Lakeville, 313 N.W.2d
other method, as long as connection charge is “just and equitable.” The
196 (Minn. 1981). governing body of the utility (either the city council or the local public
utilities commission) decides what method to use to determine the
connection charges.
Minn. Stat. § 444.25. Availability or standby charges are additional charges or fees imposed by a
municipal water utility on the owners of structures equipped with fire
protection systems such as stand pipes, hydrants, or automatic fire protection
sprinkler systems. State law limits availability or standby charges to the cost
of supplying water, and the actual cost of installing, inspecting, and
maintaining the system.
Minn. Stat. § 444.075, subd. The term “availability charge” is also used as a basis for an acceptable
3.
A.G. Op. 624-D (April 19, charge against landowners whose property abuts a water or sewer line, even
1966). A.G. Op. 387-G-9 if the owner does not connect to the line. This charge recognizes the ability
(September 3, 1958). A.G.
Op. 387-G-5 (August 2, to connect to the system as a value to the property.
1957).

3. Storm water charges

Minn. Stat. § 444.075, subd. Storm sewers are systems built to prevent flooding and to separate storm
3b (4).
water from sanitary sewer systems. Storm water is the runoff from rain and
melted snow that picks up dirt, grease, fertilizer, and many other pollutants
as it makes its way into streams and lakes. Minnesota law currently defines
“storm sewer” as storm sewer systems, including mains, holding areas and
ponds, and other accessories and related facilities for the collection and
disposal of storm water. Storm sewer charges may be fixed according to the
size of the property (adjusted for a reasonable calculation of the storm water
runoff) or by referring to the same reasonable classification of the type of
property, as discussed above in section A2. Storm sewer charges may also
be calculated by referring to the quantity and quality of pollutants and the
difficulty of disposing of the storm water runoff. Storm sewer charges must
not be based on the amount of water consumed at a particular property.

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F. Municipal gas and electric charges

Minn. Stat. § 453.51 - 453.62. The governing body (either the city council or the appointed local public
Western States Utilities Co. v.
City of Waseca, 65 N.W.2d utilities commission) sets rates for municipal electric service and may set
255 (Minn. 1954). them by ordinance – either in the utility ordinance or in a separate fee
schedule ordinance. Most municipal electric utilities charge a fixed rate and
a usage fee for the amount of electricity or gas actually consumed each
month. Both the fixed rate and the consumption rate may vary according to
the property classification.
Minn. Stat. § 216B.098, subd. Municipal gas and electric utilities serving more than 3,000 customers must
2.
offer budget billing plans for payment of charges for service, including
adequate notice to customers prior to changing budget payment amounts.
Minn. Stat. § 216B.098, subd. Municipal gas and electric utilities are also required to offer customers a
3.
payment agreement for payment of delinquent charges. Payment agreements
must consider a customer's financial circumstances and any extenuating
circumstances of the household. The utility must not charge an additional
service deposit as a consideration to continue service to a customer who has
entered and is reasonably on time under an accepted payment agreement.

V. State sales tax and utilities

Sales Tax Fact Sheet 157, Sales of electricity, gas, water or steam in Minnesota are normally taxable.
“Residential Utilities.”
However, there are exemptions to this general rule. The state assumes that
fuel oil, coal, wood, hot water, propane and LP gas delivered to a residence
is for residential use and is not subject to state sales tax. Water used for
residential purposes is not taxable. Charges for sewer services are never
taxable.

A. Sales tax on water

Water used by cities for non-residential uses is subject to state sales tax.
Examples of non-residential use of water by cities includes but is not limited
to using water to flush out fire hydrants, for water tower clean out, for City
Hall and other public buildings; water used by cities in these ways is subject
to state sales tax.
Minn. Stat. § 297A.70, subd. Now water used to fight fires is exempt from sales tax. Passed in the 2011
3(a) (11).
special session, the new law exempts some water from sales tax, specifically
“purchases of water used directly in providing public safety services by an
organized fire department, fire protection district, or fire company regularly
charged with the responsibility of providing fire protection to the state or a
political subdivision.”

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According to a purpose statement in 2011 laws, this law change is made to

provide state assistance for this public safety function to Minnesota local
governments. The new law is effective retroactively for sales and purchases
of water made after June 30, 2007; however, no refunds may be made for
amounts already paid on water purchased between June 30, 2007, and Jan.
30, 2010.

B. Sales tax on natural gas or electricity

Sales Tax Fact Sheet 157 Natural gas or electricity sold for residential use is not taxable for the billing
“Residential Utilities.”
months of November through April when sold to customers who use it as
their primary source of residential heat. If more than one type of heat is
used, natural gas or electricity is not taxable if it is the “primary source of
heat” (the source that supplies more heat than any other source during the
heating season). If the primary source of residential heat is either natural gas
or electricity, and there is only one meter for that utility, then no gas or
electricity measured through that meter is taxable during the winter heating
months.
Sales Tax Fact Sheet 129, Electricity, gas, or steam used or consumed in agricultural or industrial
“Utilities Used in
Production.” production is exempt from sales and use tax. This exemption also applies to
water consumed as part of the production process.

VI. Regulations
City of East Grand Forks v.
Luck, 107 N.W. 393 (Minn.
Cities may develop reasonable regulations to operate successful municipal
1906). utilities and to enforce the collection of charges. Regulations of municipal
Western States Utilities Co. v.
City of Waseca, 65 N.W.2d
utilities must be by ordinance. A court will enforce an ordinance, but not a
255 (Minn. 1954). motion or a resolution. Developing regulations and setting rates for
A.G. Op. 624-D (July 23, municipal utilities is not subject to public hearings or voter approval.
1946).

A. Social Security numbers

Minn. Stat. § 13.355, subd. 3. Cities must neither reveal Social Security numbers in any mailings, nor
require customers to mail in Social Security numbers so that the number is
visible.

B. Contracts
City of East Grand Forks v.
Luck, 107 N.W. 393 (Minn.
To establish a basis for enforcing collection of utility charges, cities may
1906). enter into contracts with individual consumers. Even when no formal
contract existed between a city and a user of the utility service, the
Minnesota Supreme Court found an implied contract existed when a
consumer either allowed or requested that the property receive the service.

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Some cities require a formal application for service, which may form the
basis of an agreement or contract between the utility and the consumer if the
language of the application so implies. In the alternative, other cities state in
the ordinance or utilities section of the city code that the ordinance or code
itself constitutes at least part of a contract between the city and consumers of
municipal utility services, and those consumers are considered to have
accepted the terms of that contract.

C. Billing
Best practice suggests that each bill provides due dates, credits for early
payment, and penalties for late payment. This is good practice whether bills
are sent monthly, quarterly, or otherwise. Bills should also indicate at what
point in time a charge is considered delinquent.
City councils and staff decide what utility billing practices or processes best
fit the city and the utility system. Just as an example of a billing cycle,
See also, Appendix B,
consider the following timeline:
monthly billing cycle.

Send out bills not No payment Late payment

due for at least 30 received 35 charge may
days days later be assessed.

City council and staff may adopt billing practices and timelines that fit the
city and describe them in the local ordinance.
See Appendix A, sample In addition, some municipal utility bills include the statement, “Unpaid
utility bill.
utility charges constitute a lien against the property,” on each bill as
additional notice of the possible consequence of failing to pay utility
charges.
Cities may also develop systems, and program computer software, to
allocate partial payment of overdue utility charges consistently. For
example, a city may credit partial payments to late charges first, then to the
most current portions of the bill. Putting this process into the ordinance
provides notice to consumers and residents as to how partial payment is
allocated.
Based on the broad authority to operate municipal utilities or specific state
law, city councils may set up a variety of billing options and procedures,
including but not limited to:

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Minn. Stat. § 471.381, subd.

1.
x Budget billing plans.
x Automatic payment of utility bills deducted, with permission, from
City of Hopkins: “Auto Pay
Your Bill.” consumer bank accounts, known as automated clearing house or ACH
payments.
Minn. Stat. § 471.381, subd.
2. x Utility payments made with credit cards.

Best practice suggest developing policies and procedures for billing options
and procedures that best fit local concerns. Many Minnesota cities post
abbreviated policy and procedure statements on the city website. More
information is often made available through direct contact, by phone or
email, with city utility departments.

D. Mistakes in billing
Minn. Stat. § 541.05. In general, even where a meter is inaccurate or defective, a city utility may
Northern States Power Co. v.
Lyon Food Products, Inc., recoup the undercharges. If a municipally owned and operated utility
229 N.W.2d 521 (Minn. undercharges consumers, state law may allow the utility to seek recovery of
1975) cited with approval by
Goddard v. Public Service underpayments for the last six years.
Co., 43 Colo. App. 77, (Colo.
Ct. App. 1979).

Minn. Stat. § 216B.098, subd.

State law specifically addresses undercharges for municipal gas and electric
4. utilities. The utility must offer a payment agreement to customers who have
been undercharged but the customer did nothing to cause the undercharge.
The agreement must cover a period equal to the time over which the
undercharge occurred or a different time period that is mutually agreeable to
the customer and the utility. No interest or delinquency fee may be charged
under the agreement.
Knutson Hotel Corp. v.
Moorhead, 84 N.W.2d 626
If the city discovers that it overcharged a consumer for utility service, the
(Minn. 1957). city must return the excess payment with interest.
Avoiding Pitfalls – Policy for The state auditor recommends that city utilities adopt a written policy that
Account Adjustments and
Write-offs. Office of the State identifies when an employee must obtain a supervisor’s authorization to
Auditor, E-Update, (Jan. 4, adjust or write-off uncollectible amounts. The written policy should identify
2008).
the appropriate level of management approval required for a proposed
adjustment or write-off. The policy should contain sufficient controls to
prevent an employee from unilaterally adjusting or writing off accounts.

VII. Meters
Minn. Stat. § 444.075, subd. Water meters and charges for meters are part of a waterworks system
1(c).
64 Am. Jur. 2d Public authorized by state law. In general, all utilities have the authority to set
Utilities § 42-43. utility rates, which includes the ability to charge for meter installation and
meter rental.

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Some city ordinances require that the property owner buy the utility meter at
a price determined by the city council or public utilities commission. When
the property sells, the city buys back the meter.
See Section VI-D: Mistakes Other cities retain ownership of utility meters. Cities can also include a
in billing, above.
provision in the utility ordinance that a property owner is responsible for the
repair of meters that are carelessly or intentionally damaged. If meters are
not measuring accurately and undercharging the customer, the city may
recover those costs.
LMC information memo, Before entering a home to check, replace or repair city meters, solicit the
Entering Private Property for
Public Works Purposes. written consent of a property owner. If a property owner refuses to give
Camara v. Municipal Court
consent to enter private property to deal with a meter issue, the city should
of San Francisco, 387 U.S. pursue an administrative search warrant. A court may consider it a trespass
523, 539-540 (U.S. 1967). if a city enters private property without consent of the landowner or an
Plisner v. Sweeney, Civ. No. administrative search warrant. Even if a city ordinance contains language
04-3352 (D. Minnesota, allowing a city to enter private property to inspect, replace or repair meters,
2009).
the law generally requires consent or a warrant. (No warrant is needed if the
situation on the property is an emergency.) City utilities should consult the
city attorney if issues involving inspection of meters on private property
develop.
Minn. Stat. § 325E.026, subd. If a person tampers with a meter or engages in unauthorized use of a utility
2.
service, a city utility may bring a civil action against the person and seek to
recover double the cost of the service, and the costs involved in the civil
action.

VIII. Deposits
A.G. Op. (Feb. 13, 1975). As part of the authority to set regulations, municipal utilities have the
See Section XV, Bankruptcy
proceedings. authority to require reasonable deposits. Deposits protect a municipal utility
from loss if a consumer declares bankruptcy and leaves significant unpaid
charges. Deposits can be required prior to initiation of service or 20 days
after a consumer declares bankruptcy.
Cedar Rapids Gaslight Co. v.
City of Cedar Rapids, 120
Many cases establish that requiring a deposit prior to providing utility
N.W. 966 (Iowa 1909) service is a reasonable protection against loss and a sound business practice
affirmed by Cedar Rapids
Gas Light Co. v. City of
for a municipal utility. A suggestion for “reasonable” deposits is two months
Cedar Rapids, 32 S. Ct. 389 estimated usage of the particular consumer.
(U.S. 1912).

Most likely, a municipal utility can use deposits in a variety ways to ensure
payment of charges. For example, some utilities require deposits from
consumers prior to initiation of service and refund the deposit if the
consumer pays charges on time for six consecutive months.

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Some cities require deposits from consumers with lower credit ratings. As
long as the amount of deposit required is reasonable, and the requirement for
a deposit is applied consistently, it is another tool to ensure timely payment
for services.

A. Interest on deposits
Minn. Stat. § 325E.02. State law requires that any privately or publicly owned water, gas,
A.G. Op. (Feb. 13, 1975).
See telephone, cable television, electric light, heat, or power company pay
Minnesota Department of interest on deposits of more than $20. The rate of interest must be set
Commerce.
Minn. Stat. § 325E.02 (c). annually and be equal to the weekly average yield of one-year United States
Treasury securities adjusted for constant maturity for the last full week in
November. The interest rate must be rounded to the nearest tenth of one
percent. By December 15 of each year, the commissioner of commerce shall
announce the rate of interest that must be paid on all deposits held during all
or part of the subsequent year. When consumers pay a deposit, they must be
given a written receipt explaining how their deposit may be used (for
example, for nonpayment of charges).
Minn. Stat. § 325E.02. The interest on deposits can be paid out at any time interval the utility
chooses, but it must be paid at least annually. The interest can either be paid
directly or paid as a credit on the bill.
Minn. Stat. § 325E.02 (a). When a consumer in good standing terminates service, the deposit, with
interest accrued, must be paid within 45 days.
43 A.L.R.2d 1262. The law does not address how long a utility can keep deposits. Therefore,
deposits should be retained for a reasonable time based on acceptable
classifications such as commercial or residential uses. Deposits can be
returned as a direct payment or credit on utility bills.

B. Unclaimed deposits
Minn. Stat. § 345.34. Utility deposits left unclaimed for more than one year after service is
Minn. Stat. § 345.41.
Minn. R. 2885.0200 et seq. terminated are considered abandoned. State law requires abandoned utility
Minnesota Department of
deposits be paid over to the state each year. If the unclaimed deposit is over
Commerce Unclaimed $100, utilities are first required to notify the owner by first class mail, at
Property. their last known address, that the property will soon revert to the state and
Minn. Stat. § 345.43.
how to prevent that action. Then utilities must file a holder’s report with the
state commissioner of commerce by Oct. 31 detailing information about
each abandoned deposit the utility holds as of June 30. Deposits under $100
can be combined in the report. Abandoned utility deposits must be paid over
to the commissioner once a year, when the report is filed.

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IX. Credits and penalties

Cedar Rapids Gaslight Co. v.
City of Cedar Rapids, 120
As part of the authority to set rates and develop regulations, municipal
N.W. 966 (Iowa utilities may offer consumers credit for early payment or assess penalties for
1909)affirmed by Cedar late payment. Courts see encouraging early or timely payment of charges as
Rapids Gas Light Co. v. City
of Cedar Rapids, 32 S. Ct. a way to prevent loss and insolvency for public utilities. In fact, the
389 (U.S. 1912). Minnesota Supreme Court found an ordinance offering a credit for timely
State ex rel. Latshaw v. Board
of Water & Light Com’rs of payment and a penalty for late payment “almost necessary” for the prompt
Duluth, 117 N.W. 827 (Minn. collection of utility charges.
1908).
A.G. Op. 624-C-4 (April 4,
1941).

A. Penalties are not illegal

A.G. Op. 624-C-4 (Oct. 13, The Minnesota attorney general has found that a penalty on a late payment
1980).
for utility service is not interest because no loan of money or leniency on a
debt is involved; therefore, usury law that prohibits excessive interest rates
does not cover penalties.

B. Penalty terms
Minn. Stat. § 325E.021. Penalties on late payments must be reasonable and applied consistently.
Municipal utilities must state the terms and conditions of any penalty
provision in terms of the monthly percentage rate on each monthly bill.

X. Landlords and tenants

A. Municipal water utility
City of East Grand Forks v.
Luck, 107 N.W. 393 (Minn.
A city water utility may enact an ordinance making landlords, as owners of
1906). property, responsible for tenants’ utility charges because the landlord allows
or requests connection of the property to the utility and lets tenants use the
services. The Minnesota Supreme Court found this to be more like a contract
between the utility and the landlord than requiring a person to pay someone
else’s debt. The Court also found this practice reasonable if adequate notice
is provided to property owners. Given the frequency of tenants relocating, an
ordinance making landlords responsible for tenant’s water charges helps
ensure payment.

B. Municipal gas and electric

Municipal gas or electric utilities shall not:

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Minn. Stat. § 325E.025.

x Recover or attempt to recover payment for a tenant’s outstanding bill or
charge from a landlord, property owner manager, manufactured home
park owner, or manufactured home dealer who has not contracted for the
service.
x Condition service on payment of an outstanding bill or other charge for
utility service due upon the outstanding account of a previous customer
or customers when all of the previous customers have vacated the
property.
x Place a lien on the landlord or owner’s property for a tenant’s
outstanding bill or charge whether created by local ordinance or
otherwise.
A utility may recover or attempt to recover payment for a tenant’s
outstanding bill or charge from a property owner where the manager, acting
as the owner’s agent, contracted for the utility service.

C. Governmental entity acting as landlord

Minn. Stat. § 504B.215, subd. In those limited situations where the governmental entity acts as a landlord
2a.
new laws require more information on utilities for tenants in single metered
buildings. A landlord of a single-metered residential building who bills for
utility charges separate from the rent:
x Must provide prospective tenants notice of the total utility cost for the
building for each month of the most recent calendar year.
x Must predetermine and put in writing for all leases an equitable method
of apportionment and the frequency of billing by the landlord.
The lease must include a provision that, upon a tenant's request:
x The landlord must provide a copy of the actual utility bill for the
building along with each apportioned utility bill.
x Upon a tenant's request, a landlord must also provide past copies of
actual utility bills for any period of the tenancy for which the tenant
received an apportioned utility bill.
x Landlords must provide past copies of utility bills for the preceding two
years or from the time the current landlord acquired the building,
whichever is most recent.
x May, if the landlord and tenant agree, provide long-term tenants the
option to pay those bills under an annualized budget plan providing for
level monthly payments.

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By September 30 of each year, a landlord of a single-metered residential

Minn. Stat. § 504B.215, subd. building who bills for gas and electric utility charges separate from rent must
2a (b). inform tenants in writing of the possible availability of energy assistance
Minn. Stat. § 504B.221.
from the low-income home energy assistance program. The information
must contain the toll-free telephone number of the administering agency. A
landlord’s failure to comply with these requirements is a violation of
landlord tenant law.

D. Manufactured homes
Manufactured home parks may pose unique challenges when seeking
payment for utility services:
See Section XI-D-2:
Advantages of certifying
x If a park has only one shut-off valve for the entire park, a city obviously
unpaid charges. cannot shut off the park to seek payment from one resident.
x Charges for an individual manufactured home owner cannot be certified
Minn. Stat. § 273.125, subd. for payment with taxes because the home owner typically does not own
8.
the land under the home and, thus, does not pay property taxes.
x Pursuing a judgment for payment for utility bills in small claims court is
a way a city utility may seek payment for services; actually getting the
See Section XI-D-1, payment is often problematic.
Certification of delinquent
municipal water charges, x Certification of tenant’s delinquent utility bills against the park owner is
Manufactured Home Parks. not settled law in Minnesota.
“The Manufactured Home A park owner may provide utility service to the park residents, including
Parks Handbook”, Office of
the Minnesota Attorney electricity, fuel oil, natural or propane gas, sewer and waste disposal, or
General (2005). water service. If a park owner provides electricity to residents by reselling
Minn. Stat. § 327C.04, subd. electricity purchased from a municipal utility, the park owner may charge a
2. rate high enough to break even but may not charge for administrative,
capital, or other costs.

XI. Remedies for nonpayment of utility charges

Nonpayment of any valid utility charge may trigger either a water shut-off or
certification of the delinquency to the county auditor for collection with
taxes if provided for in the city ordinance. A valid utility charge includes,
but is not limited to deposits, meter charges, connection charges, flat rates,
usage charges, penalties, and availability charges. There are some limits to
keep in mind when seeking payment of unpaid utility charges.

A. Possible limits on remedies

Cascade Motor Hotel, Inc. v.
City of Duluth, 348 N.W.2d
A city cannot withhold utility service and demand that a new owner pay
84 (Minn. 1984). delinquent charges incurred by the previous property owner before
providing utility services.

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64 Am. Jur. 2d Public Similarly, a city probably cannot make a consumer who is currently using
Utilities § 46.
A.G. Op. 387g-7 (April 28, utility services pay outstanding delinquent utility bills left unpaid by a
1965). previous owner of that same property. (The exception to this general rule is
that if the delinquent water bills are certified for collection with taxes before
the property is sold, the charges can be recouped. See “Certification of
delinquent municipal water bills,” discussed subsequently).
64 Am. Jur. 2d Public While there is some disagreement, most courts find that a municipal utility
Utilities § 52. Berner v.
Interstate Power Co. 57 cannot require payment at one address for utility services delivered to a
N.W.2d 55 (Iowa 1953). different address where one person owns both properties. For example, a
In Re MidAmerican Energy
Co., (Iowa U.B. Mar. 11, municipal electric utility cannot shut off electricity at a residence for charges
2002) (NO. DRU-02-1, ID incurred by a business even if the same person owns both properties.
130760).

60 A.L.R.3d 714 § 2. A municipal utility probably cannot shut off one type of service due to
nonpayment for some other city service. For example, a municipal utility
cannot shut off water for failure to pay a gas or electric charge. (The
exception to this general rule is that water can be shut for failure to pay
sewer charges).
Memphis Light, Gas and
Water Division, et al., v.
A municipal utility cannot disconnect or certify a consumer’s disputed
Craft, 436 U.S. 1 (U.S.1978). charges while the consumer is going through the appropriate city authorized
appeal process.

B. Special situations
See Section XI. F. 1. Households with military personnel are protected from utility shut-offs. City
Households with military
personnel. Minn. Stat. § utilities must not disconnect utility service to a home if a member of the
325E.028. household has active duty orders or receives other types of military orders.
The customer must agree to a payment plan.

Minn. Stat. § 216B.098, subd.

A municipal electric utility must reconnect or continue service to a
5. customer’s residence where a medical emergency exists or where medical
equipment requiring electricity necessary to sustain life is in use, provided
that the utility receives from a medical doctor written certification, or initial
certification by telephone and written certification within five business days,
that failure to reconnect or continue service will impair or threaten the health
Minn. R. 7826.1800.
or safety of a resident of the customer’s household. The customer must enter
into a payment agreement. (The annual service quality report must include
the number of customers who requested emergency medical account status
under this statute, the number whose applications were granted, and the
number whose applications were denied and the reasons for each denial).

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Once a consumer has filed for bankruptcy, a municipal utility cannot shut
off the service to collect or recover a claim against the debtor that arose
See, Section XV, Bankruptcy before the beginning of the bankruptcy case. After 20 days, a bankruptcy
proceedings.
court may let a city shut off utility service if the consumer does not provide
adequate assurance of payment. A municipal utility cannot try to certify
previously unpaid charges once a consumer files for bankruptcy.

Minn. Stat. § 216B.0975.

A municipal utility may not disconnect residential services in counties where
the National Weather Service has issued an excessive heat watch, heat
advisory, or excessive heat warning and those warnings or watches are in
effect.

C. Due process
Freeman v. Hayek, 635 F. Minnesota law now recognizes consumers of utility services are entitled to
Supp. 178 (D. Minn. 1986).
Smith v. City of Owatonna, the benefit of continued utility service. This does not mean service cannot be
450 N.W.2d 309 (Minn. shut off for nonpayment or delinquent bills certified to be collected with
1990).
taxes; it does mean consumers must first be given notice of the pending
action and a chance to protest it. Due process is a two-step course of action.

1. Notice – and how to disagree

Memphis Light, Gas and
Water Division, et al., v.
First, a reasonable time before the shut-off or certification is scheduled to
Craft, 436 U.S. 1 (U.S. 1978). occur, the utility must give a consumer information or notice about the
See LMC sample water shut-
pending action, and, in the same notice, a consumer’s right to protest it. The
off notice. notice must clearly explain the process a customer can use to dispute a bill,
shut-off or certification, who to contact at specific phone numbers and times,
See LMC sample notice sent and how to object to the pending shut-off or certification. Some cities send
before certifying unpaid notice of pending city action by first class mail to the person’s last known
charges to taxes.
address. (There is a legal presumption that any item sent first class is
received in three days. Because certified mail is more expensive and the
recipient may refuse to accept it, first class mail is preferable to certified
mail.) If there is no response, a red tag with all the pertinent information is
tied to the front door of the property as a warning of utility shut-off.

2. Opportunity to discuss
Second, due process requires that a municipal utility provide a consumer
with an opportunity to discuss the situation with the city council or a person
representing the city utility who has the authority to either correct a charge
or otherwise resolve the problem of non-payment. This may include setting
up a payment plan agreeable to both the municipal utility and the consumer.
The consumer may or may not choose to use this chance to discuss unpaid
utility bills. Either way, the city is required to offer the opportunity.

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3. Timing
See Section XI-H, Minnesota Timelines are important in this two-step process. The law does not specify
Cold Weather Rule.
an exact number of days that must pass to give sufficient notice of pending
city action. The cold weather rule provides a useful example of reasonable
timelines. Notice is mailed to the customer at least 20 days before the utility
takes action. If the municipal utility personally delivers the notice, a
consumer is given 15 days before the city takes the planned action.

4. Referenced in local ordinance

The due process steps, or notice and an opportunity to be heard, should be
spelled out in the relevant city ordinance before a city shuts off service or
certifies unpaid charges to the county auditor. Cities should consult with the
city attorney as to the specific due process procedures to include in a city
ordinance.

D. Certification of delinquent municipal water and

sewer charges
Minn. Stat. § 444.075, subd. Municipal water utilities in statutory or charter cities can certify unpaid
3 (e).
water and sewer charges to the county auditor for collection with taxes. This
A.G. Op. 59-A-36 (January can be done once a year or more often. Delinquent charges certified to the
26, 1961).
county auditor assume the same status as other taxes, even before the taxes
are charged or “spread” against individual properties. The outstanding debt
becomes a lien or charge against the property, as soon as the county receives
the certified information from the city. Note: the city ordinance should also
define when unpaid water and sewer charges become delinquent and subject
to certification.
Minn. Stat. § 444.075, subd. The law states that the governing body may certify “unpaid charges to the
3 (e).
A.G. Op. 450-F-1 (September county auditor with taxes against the property served for collection as other
8, 1969). taxes are collected.” Certified charges accrue statutory penalties in the same
A.G. Op. 387g-7 (April 28,
1965). manner that unpaid property taxes accrue penalties. On the other hand, the
A.G. Op. 59-A-36 (January authority to certify delinquent water and sewer charges as a special
26, 1961).
Minn. Stat. § 279.01. assessment is not clear. It is preferable, therefore, to certify delinquent water
See LMC sample resolution
and sewer charges for collection with taxes. That said, cities should ask their
adopting assessment (or lien) county auditor when unpaid water and sewer bills must be certified; the
for unpaid charges. statute implies a deadline of Dec. 28 in conjunction with property taxes, but
some counties require certification of delinquent water and sewer bills by
Nov. 29, with special assessments.

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1. Manufactured home parks

Prudential Co. of Minnesota
v. City of Minneapolis, 277
A statutory city might consider certifying unpaid water charges to the
N.W. 351 (Minn.1938). manufactured home park property owner if all of the following conditions
Minn. Stat. § 444.075, subd. exist:
3 (e).

64 Am. Jur. 2d Public

Utilities § 46.
x The manufactured home park is privately owned.
x The local ordinance requires that utility accounts for all rental property
Minn. Stat. § 327C.09, subd.
2. are in the property owner’s name (i.e. the park owner’s name).
x The local ordinance states that property owners are responsible for
payment of unpaid water charges.
x The local ordinance states that unpaid water charges incurred by tenants
will be certified against the property owner.
x The manufactured park owner or agent contracts for the water services.
x Due process requirements are met prior to certification.
x A manufactured home park owner can recover possession of the land, or
lot, if the tenant fails to pay utility charges after written notification.
However, manufactured home parks differ from one another in their legal
structure and status. Therefore, cities should consult with the city attorney
for specific legal advice before certifying unpaid utility charges to the
property owner of a manufactured home park.

2. Advantages of certifying unpaid charges

There are advantages to certifying delinquent water and sewer charges as
opposed to shutting off the water for nonpayment, including:
x Concerns about shutting off water services in cold weather are
eliminated.
x The municipal utility does not have to investigate the residence or unit to
determine if it is occupied.
x A municipal utility is protected if the property with delinquent utility
charges is sold after the delinquent charges are certified.
x Confusion is alleviated when joint owners of property disagree as to who
is responsible for utility charges (for example, in divorce proceedings).
The unpaid charges simply attach to the property and must be paid as
property taxes are paid.
x Certified delinquent charges take priority over other unsecured creditors
if a consumer later files for bankruptcy.
x Certification prevents large delinquent bills carrying over from year to
year.

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x Once delinquent bills are certified, staff time spent trying to collect
payment is eliminated.
x Certified charges survive the tax forfeiture process and eventually the
city will receive payment.
x Shutting off water may damage older infrastructure.

See Section XV, Bankruptcy

Not all delinquent sewer and water charges can be certified. If a property is
proceedings. sold before unpaid charges are certified to the county auditor, the city may
not be able to certify the charges against the new owner. This is not a settled
area of law in Minnesota, and cities should consult their attorney for specific
legal advice on this point. Delinquent charges cannot be certified for some
time after a consumer files for bankruptcy protection.

E. Certification of municipal gas and electric

charges
A.G. Op. 624-D-5 (July 6, Unlike municipal water and sewer utilities, municipal gas and electric
1953).
utilities do not have specific statutory authority to certify delinquent charges
to taxes. Thus, in 1953, the Minnesota Attorney General’s Office stated that,
in a statutory city, an electric or gas utility could not certify delinquent
charges to taxes.
Minn. Stat. § 366.012. There is some disagreement with this position since, in 1989, a law was
Minn. Stat. § 415.01.
Great Western Industrial passed giving towns the authority to certify unpaid service charges to the
Park, LLC,Relator, vs. county auditor to be collected with taxes. In addition, a 1973 law, amended
Randolph Township, (Minn.
Ct. App. 2014). in 2003, states cities have all the powers afforded to towns. Combining these
two laws may allow a municipal gas or electric utility to pass an ordinance
that may allow a city to certify delinquent charges to the county auditor to be
collected with taxes if the property owner, or the owner’s agent, contracts
for the utility service.

Minn. Stat. § 325E.025, subd.

According to state law, municipal gas or electric utilities cannot collect or
2. attempt to collect a tenant’s unpaid gas or electric charges from a landlord or
property owner—unless the property owner or the owner’s agent contracts
for the utility service. “Property owner” includes a manufactured home park
owner.
See also, Minn. Stat. § Certification of unpaid electric or gas charges is not settled law. Consult the
514.67.
city attorney for specific legal advice and appropriate procedures as you
draft your ordinance and before deciding to certify a tenant’s unpaid gas or
electric charges to a landlord’s or a property owner’s taxes to be collected as
other property taxes are collected.

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F. Shutting off utility service due to nonpayment

State ex rel. Latshaw v. Board
of Water & Light Com’rs of
Generally, municipal utilities have the right to shut off water, electricity, or
Duluth, 117 N.W. 827 (Minn. gas if a consumer fails to pay reasonable charges or fails to comply with
1908). reasonable regulations as stated in the local ordinance. Again, a municipal
A.G. Op, 624-D-5 (June 17,
1957). utility must provide reasonable notice of a pending shut-off and tell the
Memphis Light, Gas and
Water Division, et al., v.
consumer of their right to protest the shut-off as unjustified. If a customer
Craft, 436 U.S. 1 (U.S.1978). appeals a pending shut-off using the appropriate appeal process, a city must
See LMC sample notice sent not shut off service while the appeal is pending.
before shutting off water.

1. Households with military personnel

Minn. Stat. § 325E.028. A municipal utility must not disconnect, or limit, the utility service of a
residential customer if a member of the household has been issued orders
into active duty, for deployment, or for a permanent change in duty. Note,
Cities must not use load limiters Household income determines whether a
city utility may disconnect the utility service. For this law, “household
income" means household income measured after the date of the orders
issue.
The city must not disconnect the utility if the residential customer:
x Has a household income below the state median household income or is
receiving energy assistance and enters into an agreement with the
municipal utility under which the customer pays ten percent of the
customer's gross monthly income toward the customer's bill and the
customer remains reasonably current with those payments; or
x Has a household income above the state median household income and
enters into an agreement with the municipal utility establishing a
reasonable payment schedule that considers the financial resources of the
household and the customer remains reasonably current with payments
under the payment schedule.

a. Annual notice of this protection

Minn. Stat. § 325E.028. A municipal utility must notify all residential customers of this law once
Sample annual notice for
military personnel. each year. And, if asked by a customer, a municipal utility must provide a
Payment arrangement form form that requests the protections of this law to a residential customer.
for military service personnel.

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b. Income verification
Verification of income may be conducted by the local energy assistance
provider or the municipal utility or cooperative electric association, unless
the customer is automatically eligible for protection against disconnection as
a recipient of any form of public assistance, including energy assistance that
uses income eligibility based on income below the state median household
income.

2. No disconnection in extreme heat

As stated previously, a municipal utility may not disconnect residential
Minn. Stat. § 216B.0975. services in counties where the National Weather Service has issued an
excessive heat watch, heat advisory, or excessive heat warning and those
warnings or watches are in effect.

G. Residential property remaining shut off

Sometimes city-provided water is shut off for nonpayment or because the
consumer fails to repair the lateral line (from the street main to the house).
In some cases, the water service is not restored for long periods of time
because the inhabitants fail to pay or fix the line. The same issues arise with
city sewer systems, but “shutting off” sewers poses serious potential threats
to public safety. Adults and, in some cases, children continue living in the
residence for months or years with no connection to drinkable water.
World Health Organization, The World Health Organization (WHO) finds that unhygienic conditions
Water and sanitation,
Household water security. and practices at the household level create a dangerous environment with
Centers for Disease Control immediate health risks to children. Insufficient quantities of safe water for
and Prevention, Typhoid
fever. drinking, cooking, and personal and domestic hygiene causes negative
health outcomes, including diarrheal diseases; Typhoid A, E, and F; and
hygiene related diseases such as trachoma (which causes infectious
blindness) and scabies.
Minn. R. 1300.0180. If a city has adopted the State Building Code, the building inspector may
order any building or portion of a building vacated if continued use is
dangerous to life, health, or safety of the occupants. The order must be in
writing and state the reasons for the action. The building inspector may also
revoke the certificate of occupancy, direct the responsible person that no one
can live in the residence with no water, and order it corrected. If water is
shut off because the property owner fails to repair the lateral line, the city
may provide the owner notice and a chance to discuss the situation and then
go in and fix the line or abate the problem. Cities must consult with the city
attorney before entering private property, which generally requires written
permission or a court order.

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 RELEVANT LINKS:

A.G. Op. 387-G-5, (April 17, A city may address this issue by ordinance if the city has not adopted the
1952).
State Building Code. It is long established law that cities may use police
Minn. Stat. § 326B.43, power to pass an ordinance prohibiting the use of sanitary facilities that do
subd.1.
Minn. R. 4715.1700. not connect to the public water supply. The State Plumbing Code applies
A.G. Op. 477b-33, (May 12,
throughout the state and requires potable (drinkable) water that meets code
1967). specifications in every premise that is equipped with plumbing fixtures and
used for human occupancy. Permanent residences must have hot water
provided to all plumbing fixtures that require hot water for proper use. Only
potable water shall be accessible to plumbing fixtures supplying water for
drinking; bathing; culinary use; or the processing of food, medical, or
pharmaceutical products. Cities have the authority to pass an ordinance
requiring that all residences maintain a working and safe supply of potable
water consistent with the State Plumbing Code. Ordinances requiring
installation of toilets and connection of toilets to the public sewer system,
and prohibiting the maintenance of sanitary facilities not connected with the
sewer system are a valid exercise of the police power of the city council.
State ex rel. Latshaw v. Board
of Water & Light Com’rs of
Cities may choose to shut off a residence’s water supply for non-payment.
Duluth, 117 N.W. 827 (Minn. Blocking or digging up a resident’s access to the sewer system poses serious
1908). potential threats to public health. Cities may certify unpaid water and sewer
House Research Straight Pipe
Septic Systems. charges to be collected as other taxes are collected. Rather than leaving
Minn. R. 4715.0200(A)-(C). residences without water for long periods of time, or disconnecting sewer for
Minn. Stat. § 444.075, subd.
3e. any amount of time, city ordinances may allow turning the water back on
See Part XI-C, Due Process. after a number of days as determined by council and, after providing notice
See Part XI-D, Certification
of delinquent water and and due process, certifying any unpaid charges and reasonable fees to the
sewer charges. county auditor to be collected with property taxes. Properly executed
certification practically guarantees payment (eventually) and protects
housing stock in the city by providing basic environmental sanitation and
safety through adequately maintained plumbing systems.

H. Minnesota cold weather rule

Minn. Stat. § 216B.097.
The Minnesota cold weather rule, applicable to municipal utilities, is an
important exception to keep in mind before shutting off water service during
Minn. Stat. § 216B.097, subd. the winter. The municipal rule states that no utility shall disconnect and must
4.
reconnect utility service to a residential unit during cold weather months
(Oct. 15 through April 15), if that disconnection would in any way affect the
primary heat source of the unit, and the consumer complies with the
provisions of the rule. “Disconnection" includes a service or load limiter or
any device that limits or interrupts electric service in any way.

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Minn. Stat. § 216B.096. Questions remain as to whether this rule applies to municipal water utilities.
The 2007 changes in the law, effective Sept. 1, 2008, define “utility heating
Minn. Stat. § 216B.097. service” as natural gas or electricity used as a primary heating source,
including electricity service necessary to operate gas heating equipment, for
the customer’s primary residence. The section of the cold weather rule that
pertains to municipal utilities discusses “utility service,” but that term is not
defined. The cautious approach, however, is for any municipal utility to
refrain from disconnecting a utility service during the winter months if that
disconnection could affect a customer’s primary heat source.
The cold weather rule certainly applies to municipal gas and electric utilities.
Minn. Stat. § 216B.097. From Oct. 15, to April 15, the rule requires that a municipal gas or electric
utility reconnect and refrain from disconnecting a residential unit (or even
limiting electrical supply with a load limiter) during cold weather months if
the disconnection affects the primary heat source and if the following
conditions are met:
x The customer has declared inability to pay on forms provided by the
utility. For the purposes of this clause, a customer receiving energy
assistance is deemed to have demonstrated an inability to pay.
x The household income of the customer is at or below 50 percent of the
state median income.
x Verification of income may be conducted by the local energy assistance
provider or the utility, unless the customer is automatically eligible for
protection against disconnection as a recipient of any form of public
assistance, including energy assistance.
x A customer who enters into a payment schedule that considers the
financial resources of the household and is reasonably current with
Minn. Stat. § 216B.097, subd. payments under the agreement. (A requirement that customers be current
1(2).
with bills prior to Oct. 15 to qualify for protection from disconnection
under the rule was removed from the law).
x The customer receives referrals to energy assistance programs,
weatherization, conservation, or other programs likely to reduce the
customer’s energy bills.
MMUA Sample Annual Between Aug. 15 and Oct.15 of each year, a municipal gas or electric utility
Notice to Residential
Customers. must notify all residential customers of the provisions of the rule.
Before disconnecting service to a residential customer during the period
between Oct. 15 and April 15, the rule requires a municipal gas or electric
utility to provide the following information to a customer:
MMUA Sample Notice of
Proposed Winter
x Notice of proposed disconnection must be mailed to the customer 20
Disconnection during Cold days before actually disconnecting the service—or 15 days if the notice
Weather Rule period.
is personally delivered to the customer.

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 RELEVANT LINKS:

MMUA Sample Annual

Notice to Residential
x A statement explaining the customer’s rights and responsibilities.
Customers.

MMUA Sample Third-Party

Notification Form. Use this
x A list of local energy assistance providers.
form plus a list of energy
assistance providers in your
area.

MMUA Sample Application

for Winter Disconnect
x Forms on which to declare inability to pay.
Protection under the Cold
Weather Rule.

x A statement explaining available time payment plans and other

opportunities to secure continued utility service.
If a residential customer must be involuntarily disconnected between Oct. 15
and April 15 for failure to comply with the provisions of the cold weather
rule, the disconnection must not occur at any of the following times:
x On a Friday, unless the customer declines to enter into a payment
agreement offered that day in person or via personal contact by
telephone by the utility.
x On a weekend, holiday, or the day before a holiday.
x When utility offices are closed.
x After the close of business on a day when disconnection is permitted,
unless a field representative of the utility with authority to enter into a
payment agreement, accept payment, and continue service, offers a
payment agreement to the customer.
If a customer does not respond to a disconnection notice, the customer must
not be disconnected until the utility investigates whether the residential unit
is actually occupied. If the unit is occupied, the utility must immediately
inform the occupant of the provisions of this section. If the unit is
unoccupied, the utility must give seven days written notice of the proposed
disconnection to the local energy assistance provider before making a
disconnection.

Minn. Stat. § 216B.096, subd.

If a customer appeals, a notice of disconnection (before the service is
9. disconnected) the utility must not disconnect until the appeal is resolved.
Best practice suggests that municipal utilities establish a process for dealing
with complaints about utility heating service (or any utility service subject to
the cold weather rule) during the cold weather months.

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I. Shutting off utilities in landlord-tenant

situations
Minn. Stat. ch. 504B. Landlord-tenant law and municipal utility law both apply to situations where
Minn. Stat. § 444.075.
either a tenant or a landlord fails to pay for a utility service. Parsing out
when a city may disconnect a utility service in landlord-tenant situations
requires careful analysis and consultation with the city attorney.
Minn. Stat. § 504B.225. It is a misdemeanor for a landlord to shut off a tenant’s utilities in an effort
Minn. Stat. § 504B.221. to force a tenant out. If a landlord or the landlord’s agent interrupts a
tenant’s utility service (electricity, heat, gas, or water) the tenant may
recover from the landlord treble damages or $500, whichever is greater, and
reasonable attorney’s fee. Cities must not get involved in a situation where
the city may be considered the landlord’s agent. Landlords have many other
legal ways to deal with tenants who fail to pay for utilities or comply with a
lease agreement.
Cities may need to develop a process to use and require documentation when
a landlord requests that the city shut off electricity, heat, gas, or water to a
particular unit, saying that it is unoccupied. Using a form that requires the
landlord’s assertion that the unit is vacant and the landlord’s signature may
protect the city’s interests. Best practices suggest consulting the city attorney
for appropriate forms and process.

1. Landlord failure to pay and posted notice

Minn. Stat. § 504B.215, subd. Cities must notify tenants if the city intends to shut off a utility service to a
3.
building because the landlord has failed to pay for the service. This law
applies to city utilities that supply water, electricity, heating oil, propane, or
natural gas services. Tenants must receive posted notice and a chance to pay.
The posting must be placed in at least one conspicuous location in or on the
building and provide tenants with, at a minimum, the following information:
Minn. Stat. §504B.215, subd.
3.
x The date the service will be discontinued.
See sample notice for non- x The telephone number to call at the utility to obtain further information.
electric utility disconnection
when the landlord fails to x A brief description of the rights of tenants under this section to continue
pay. or restore service.
x Advice to consider seeking assistance from legal aid, a private attorney,
or a housing organization in exercising the rights of tenants under
Minnesota law to maintain their utility service.

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a. Tenant paying for water

If the landlord still has not paid the bill and a tenant decides to pay, or the
water is shut off, the city must provide a copy of each water bill the landlord
failed to pay upon request from the tenant. A tenant has an ongoing right to
pay the current charges for the most recent billing period and keep the water
on. “Current charges” do not include late payment fees incurred by the
landlord. The city must provide the tenant the same amount of time to pay
current charges that the landlord has under current ordinance, policy, or
practice. The tenant does not need to pay a deposit and must receive
reasonable notice of any future disconnection. Tenants may deduct
documented payments from rent obligations.
City water utilities do not need to change their billing practices and can keep
accounts in the landlord’s name. If there are multiple tenants in a building,
the city has to offer the right to pay current charges to only one tenant in a
12-month period. The new law does not change city water utilities’ authority
to make contracts with and impose utility charges against property owners
and to certify unpaid water charges to the county auditor to be collected as
other taxes are collected.

b. Tenant paying for electric and gas

See sample notice for If a landlord fails to pay for electricity or gas service, or the service is shut
electricity disconnection
when the landlord fails to off, a tenant or tenants may pay the current charges for the most recent
pay. billing period. The city must restore the service for at least one billing
period. In a residential building with less than five units, one of the tenants
may notify the city that the tenant agrees to be the customer of record, and
the city must put the account in the tenant’s name as long as the tenant meets
all the city’s requirements for establishing service. A tenant can choose to
pay current charges and still exercise the right to become responsible for
paying the bills. However, the city need not offer this option to more than
one tenant in a 12-month period.

c. Landlord options
The new law allows a landlord to re-establish responsibility for gas and
electric accounts by paying all overdue charges or reaching an acceptable
agreement with the city.

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XII. Foreclosures
Unpaid charges for city utility services may be very difficult to recover
when a property heads into foreclosure proceedings or is vacant. One way to
stay on top of properties in trouble is to request disconnection information
from private utility companies.
Minn. Stat. § 216B.0976. As discussed subsequently, vacant or abandoned properties in the
foreclosure process pose significant challenges for cities, especially in
See Appendix C, Contact
winter when pipes may freeze and burst. To remedy this situation, if a city
information for investor- requests it, investor owned or private gas and electric utility companies must
owned utilities. notify cities when they disconnect a residential property during cold weather
months. Specifically, between Oct. 15 and April 15, private utility
Minn. Stat. § 13.681.
companies that disconnect a residence must provide notice and the
residential address to any city that requests the information. The information
must be available on Oct. 15 and Nov. 1 of each year. In addition, a city may
request daily updates after Nov. 1, 2008. Cities that receive the
disconnection information must share it with the local police and fire
departments. All such data is private, according to state law.
If cities choose to shut off water or some other utility to a vacant or
abandoned residence, the local ordinance should contain authority to do so
and information on the process.

A. Municipal water and sewer utilities

Minn. Stat. § 444.075, subd. While analysis of foreclosure law is beyond the scope of this memo, the best
3 (e).
way for a city water and sewer utility to recoup unpaid charges from
properties in foreclosure is to certify unpaid charges as soon and as often as
A.G. Op. 387g-7 (April 28, possible. (Remember, the local ordinance must articulate certification
1965). procedures.) While county auditors may only “spread” the unpaid water and
sewer charges once a year “to be collected as other taxes are collected,”
cities may certify the charges at multiple times throughout the year. Once
unpaid water and sewer charges are certified to the county, they are a valid
lien against the property. When a foreclosed property eventually sells, the
unpaid charges must be paid.
In Minnesota, most foreclosure proceedings are done by advertisement and
Minn. Stat. ch. 580 - 582. typically take at least a year. During these lengthy foreclosure proceedings,
Minn. Stat. § 580.042.
the defaulting owner of the property is responsible for utility charges (not
the bank or mortgage holder). In rental situations, where a building with
tenants enters foreclosure proceedings, utilities must be paid pursuant to the
lease agreement between the tenant and the landlord.

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Even at the late stages of a foreclosure, when a property is sold at a sheriff’s

sale, the defaulting owner has six months to redeem the property. During all
this time, the defaulting owner is responsible for delinquent utility charges—
but is not likely to pay them.
See Section IX-A, Due Unlike bankruptcy proceedings, there is nothing to prevent a city from
Process.
certifying unpaid water and sewer charges after a few months of non-
payment, as long as due process procedures are provided the property owner
and the local ordinance explains certification.

B. Municipal gas and electric

See Section XI-H, Minnesota Municipal gas and electric utilities may have to use other methods to address
Cold Weather Rule; see also,
Section XI-D: Certification of nonpayment due to foreclosures. Shutting off the electricity or gas to
municipal gas and electric
charges.
properties in foreclosure proceedings is an option—as long as it complies
with the cold weather rule and the local ordinance.

C. Vacant properties
Minn. Stat. § 582.031. Vacant properties in the foreclosure process pose additional challenges to
Minn. Stat. § 582.03, subd.1.
Minn. Stat. §582.032. cities. Cities, working with their city attorney, may take court action to
speed up the foreclosure process, shortening it to five weeks. If a city
chooses to do this, it may recover costs for bringing the court action.
Minn. Stat. § 582.031, subd. Typically, a bank or other financial entity holds the mortgage on vacant
3.
Minn. Stat. § 582.032, subd. property (until it is sold at a sheriff’s sale). Mortgage holders may take steps
4. to protect vacant property known as “preventing waste” and includes
installing or changing locks on doors and windows, boarding windows,
installing an alarm system, providing a resident caretaker, and otherwise
preventing or minimizing damage to the premises from the elements,
vandalism, trespass, or other illegal activities. Mortgage holders may take
action to prevent property from falling below minimum community
standards for public safety and sanitation and may add all these costs to the
principal balance of the mortgage.
Minn. Stat. § 582.031, subd. After someone buys the mortgage and vacant property at the sheriff’s sale
3.
Minn. Stat. § 582.03. (towards the end of the foreclosure proceedings) that person has a limited
right to enter the property to make reasonable inspections and prevent
damage (or waste) to the property but is not required to do so. The holder of
a sheriff’s certificate may also take steps to prevent the property from falling
below minimum community standards for public safety and sanitation. City
utilities and city officials may work with sellers and buyers of foreclosed
and vacant properties to secure and maintain the property.

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 RELEVANT LINKS:

Minn. Stat. § 429.101, subd. A city may establish a program, by ordinance, to identify and register vacant
1(12).
buildings. The city may charge a fee for the program and specially assess the
property to recover any unpaid fees associated with the identification and
registration of vacant properties.

D. Abandoned properties
Minn. Stat. § 582.032. In some situations, the foreclosure proceedings may take only five weeks
from the date of the sheriff’s sale, rather than six months, if a judge finds
that a property has been abandoned. City officials (building inspector,
zoning administrator, housing official, or other municipal or county official
having jurisdiction over the mortgaged premises) may work with mortgage
holders to establish that a particular property is not actually occupied and
therefore abandoned. The court looks at a number of factors to determine if
the property is abandoned, including:
x Windows or entrances to the premises are boarded up or closed off, or
multiple windowpanes are broken and unrepaired.
x Doors to the premises are smashed through, broken off, unhinged, or
continuously unlocked.
x Gas, electric, or water service to the premises has been terminated.
x Rubbish, trash, or debris has accumulated on the mortgaged premises.
x The police or sheriff’s office has received at least two reports of
trespassers on the premises, or of vandalism or other illegal acts being
committed on the premises.
x The premises are deteriorating and are either below or are in imminent
danger of falling below minimum community standards for public safety
and sanitation.
x A defendant’s failure to appear at the court hearing; this is conclusive
evidence of abandonment by the defendant.
Where property is abandoned it is to a city’s advantage (and city utilities) to
work with mortgage holders to speed up the foreclosure proceedings. The
sooner abandoned property is restored to use, the more likely that city taxes
and utility charges will be paid.
Minn. Stat. § 580.22. Cities, and city utilities, may wish to keep a record of properties that have
charges certified against them to inform buyers that those liens must also be
paid once the property changes hands. However, it is the buyer’s
responsibility to find any duly recorded liens or judgments attached to the
property.

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 RELEVANT LINKS:

XIII.Federal red flags rule

15 U.S.C.A. 1681 et seq. The Federal Trade Commission originally developed “red flags” rules to
FACT Act § 114. FCRA §
615(e). Red Flag Program detect, prevent, and mitigate identity theft. Enforcement of the rule was
Clarification Act of 2010; 15 delayed numerous times. In December of 2010, Congress amended the red
U.S.C. 1681(m) (e) (4).
flags rule, narrowing the application of the law to fewer entities. Then, as of
January 1, 2011, enforcement of the rule began. Cities need to examine all
their practices to determine if the rule applies.
Currently, the new law covers creditors who regularly, and in the ordinary
course of business, meet one of three general criteria. They must:
Red Flag Program
Clarification Act of 2010. 15
x Obtain or use consumer reports in connection with a credit transaction.
U.S.C. 1681(m) (e) (4). x Furnish information to consumer reporting agencies in connection with a
credit transaction.
x Or advance funds to -- or on behalf of -- someone, except for funds for
expenses incidental to a service provided by the creditor to that person.
Federal Trade Commission: To decide if this rule applies to your city, examine the municipal utility
Fighting Identity Theft with
the Red Flags Rule: A How- practices and procedures in consultation with the city attorney. The FTC
To Guide for Business. provides extensive information on understanding and complying with the
rule.
MMUA Model Red Flag If it applies to your city utility operation, the final rules require that each
Identity Theft Prevention
Program. creditor develop and implement an Identity Theft Prevention Program
(Program) for combating identity theft in connection with new and existing
accounts. The Program must include reasonable policies and procedures for
detecting, preventing, and mitigating identity theft and enable a creditor to:
x Identify relevant patterns, practices, and specific forms of activity that
are “red flags” signaling possible identity theft, and incorporate those red
flags into the Program.
x Detect red flags that have been incorporated into the Program.
x Respond appropriately to any red flags that are detected to prevent and
mitigate identity theft.
x Ensure the Program is updated periodically to reflect changes in risks
from identity theft.
Given the uncertainty about the application of this rule to city operations,
check back for updates and, again, review this issue with the city attorney.

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 RELEVANT LINKS:

XIV. Emergencies
Minn. Stat. § 471.59. City water and wastewater systems provide essential services. In a disaster
MnWARN.
or emergency, the Minnesota Water/Wastewater Utilities Agency Response
Network (MnWARN) offers an immediate response through mutual
assistance for water, wastewater, and storm water utilities in the state. A
mutual aid agreement provides the basis for emergency assistance so water,
wastewater, and storm water utilities sustaining physical damage may obtain
emergency assistance in the form of personnel, equipment, materials, and
other associated services. As explained on its website, there is no fee to join
MnWARN, but the city council must adopt the MnWARN mutual aid
agreement and resolution and meet other criteria to participate.

XV. Bankruptcy proceedings

11 U.S.C.A. § 362(a). Bankruptcy is a complex legal process and beyond the scope of this memo.
What follows are a few very basic principles as they may apply to utility
charges. Consult the city attorney for specific legal advice if a city resident
or business with delinquent utility charges files any type of bankruptcy
proceeding.
Federal Rules of Bankruptcy Municipal utilities must file claims in bankruptcy proceedings according to
Procedure 3002 (c) (1).
federal rules. A proof of claim filed by a governmental unit is timely filed if
it is filed no later than 180 days after the date of the order for relief. On
motion of a governmental unit before the expiration of such period and for
cause shown, the court may extend the time for filing of a claim by the
governmental unit.

A. Chapter 11 or 13
Initially, utility service may not be shut off, or charges certified to taxes,
when a property owner with delinquent bills files a bankruptcy petition
under either Chapter 11 or Chapter 13.
A utility may not alter, refuse, or discontinue service to or discriminate
against the trustee or the debtor solely on the basis of the commencement of
a case, or that a debt owed by the debtor to such utility for service rendered
before the order for relief was not paid when due.
11 U.S.C.A. § 362. The petition for bankruptcy invokes an “automatic stay” that is applicable to
utilities and prevents:

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 RELEVANT LINKS:

11 U.S.C.A. § 362(a) (6).

x Any act to create, perfect, or enforce any lien against property of the
estate.
x Any act to create, perfect, or enforce against property of the debtor any
lien to the extent that such lien secures a claim that arose before the
commencement of the case under this title.
x Any act to collect, assess, or recover a claim against the debtor that arose
before the commencement of the bankruptcy case.
x The setoff of any debt owed to the debtor that arose before the
commencement of the case under this title against any claim against the
debtor.
11 U.S.C.A. § 366 (c) (2). Congress updated bankruptcy law in 2005. Now, for Chapter 11
2005 A.L.R. Fed. 2d 3. 83
A.L.R. Fed. 207. bankruptcies, a utility may alter, refuse, or discontinue utility service, if
during the 30-day period beginning on the date of the filing of the petition,
the utility does not receive from the debtor or the trustee adequate assurance
of payment for utility service that is satisfactory to the utility. An assurance
of payment must be one of the following items: A cash deposit. A letter of
credit. A certificate of deposit. A surety bond, prepayment of utility
consumption. Another form of security that is mutually agreed on between
the utility and the debtor or the trustee, but an administrative expense
priority does not constitute an assurance of payment. On request of a party
and after notice and a hearing, the court may order modification of the
amount of an assurance of payment. On request of a party in interest and
after notice and a hearing, the court may order reasonable modification of
the amount of the deposit or other security necessary to provide adequate
assurance of payment.

B. Other types of bankruptcy

11 U.S.C.A. 366(b). For other bankruptcy proceedings, a city can terminate utility service to the
property twenty days from the date of the filing unless the owner or
bankruptcy trustee provides a deposit or some other assurance of payment
for continued utility service.

26 U.S.C.A. § 6321.
In a Chapter 7 bankruptcy, an individual debtor typically attempts to
discharge all debts incurred before filing. However, certified unpaid utility
26 U.S.C.A. § 6323. charges are a valid tax lien, and may have priority over other liens. IRS liens
most likely take precedence over liens related to unpaid charges for utilities.

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 RELEVANT LINKS:

C. State law
Minn. Stat. § 514.67. In addition, state law makes governmental services a prior lien in bankruptcy
In Re Lanford, 10 B.R. 129
(U.S.B.C. D. Minn. 1981). proceedings by operation of law, although once a person files under the
In re Sheldahl, Inc., 298 B.R. bankruptcy code, federal law takes precedence over state law. In one case,
874, (Bankr. D. Minn. 2003).
the bankruptcy panel upheld a city’s claim for payment of unpaid utility
charges against a debtor under a statutory lien theory.

XVI. Conclusion
Municipal utilities may develop reasonable charges and may simultaneously
use a variety of tools and procedures to secure payment for valid utility
charges. Developing a process, with clear timelines and ample notice
provisions will increase collection of utility charges. The city utility
ordinance should mirror the process, timelines and notice provisions a utility
uses to seek payment for utility charges.

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 CITY OF LE SUEUR
MEMORANDUM

TO: Mayor and Council

FROM: Jenelle Teppen, City Administrator

SUBJECT: International Property Maintenance Code

DATE: For the City Council Work Session of April 6, 2015

PURPOSE/ACTION REQUESTED
The City Council is asked to discuss Property Maintenance Regulations.

SUMMARY
In October of 2005 the City adopted in whole the International Property Maintenance Code
(IPMC). A copy of the Ordinance, the IPMC and a copy of the Memorandum recommending
appointments to the Appeal Board are attached.

Taking the language from the Scope and Application Section, the IPMC “is intended to provide
requirements addressing the public health, safety and welfare as they relate to the use and
maintenance of existing structures and premises. The code requires existing structures and
premises that are not in compliance with the code to be altered or repaired to meet the code. The
Code requirements are intended to represent the minimum acceptable level of public health and
safety.”

The various requirements set forth in the IPMC have not been actively enforced rather, it’s been
a complaint based process.

The following is taken from the recent Housing Task Force Summary Report and
Recommendations:

“Overall group concerns included property inspection and enforcement measures to improve and
maintain the quality of residential properties, reduce nuisance complaints/crime, address
abandoned properties, ensure property maintenance to meet basic living standards, enforce
existing codes or adopt new codes that carry out inspection/maintenance in an expedited
manner.”

Attached are a few photos taken from across the City that are intended to highlight some of the
specific issues that are considered to be violations of the IPMC (exterior only).
RECOMMENDATION
Because the requirements of the IPMC have not been actively enforced, staff recommends that
for the remainder of 2015 we develop and implement a communications plan to inform property
owners of the requirements of the IPMC. We can connect property owners with resources like
the Minnesota Valley Action Council’s Rehab Loan program and Fix Up Fund loan program and
like resources.

In 2016 we would seek appointments to the Property Maintenance Code Board.

 
 IPMC
2012

CODE AND COMMENTARY

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 2012 International Property Maintenance Code® Commentary

First Printing: January 2012

ISBN: 978-1-60983-068-7 (soft-cover edition)

COPYRIGHT © 2012
by
INTERNATIONAL CODE COUNCIL, INC.

ALL RIGHTS RESERVED. This 2012 International Property Maintenance Code® Commentary is a copyrighted work owned
by the International Code Council, Inc. Without advance written permission from the copyright owner, no part of this book may
be reproduced, distributed or transmitted in any form or by any means, including, without limitation, electronic, optical or
mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval
system). For information on permission to copy material exceeding fair use, please contact: Publications, 4051 West Flossmoor
Road, Country Club Hills, IL 60478-5795. Phone 1-888-ICC-SAFE (422-7233).
Trademarks: “International Code Council,” the “International Code Council” logo and the “International Property Maintenance
Code” are trademarks of the International Code Council, Inc.

PRINTED IN THE U.S.A.

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 PREFACE

The principal purpose of the Commentary is to provide a basic volume of knowledge and facts relating to existing structures as it
pertains to the regulations regarding property maintenance set forth in the 2012 International Property Maintenance Code. The
person who is serious about effectively regulating property maintenance will find the Commentary to be a reliable data source
and reference to almost all aspects of property maintenance.

As a follow-up to the International Property Maintenance Code, we offer a companion document, the International Property
Maintenance Code Commentary. The basic appeal of the Commentary is thus: it provides in a small package and at reasonable
cost thorough coverage of many issues likely to be dealt with when using the International Property Maintenance Code—and
then supplements that coverage with historical and technical background. Reference lists, information sources and bibliogra-
phies are also included.

Throughout all of this, strenuous effort has been made to keep the vast quantity of material accessible and its method of pre-
sentation useful. With a comprehensive yet concise summary of each section, the Commentary provides a convenient reference
for property maintenance regulations. In the chapters that follow, discussions focus on the full meaning and implications of the
code text. Guidelines suggest the most effective method of application, and the consequences of not adhering to the code text.
Illustrations are provided to aid understanding; they do not necessarily illustrate the only methods of achieving code compliance.

The format of the Commentary includes the full text of each section, table and figure in the code, followed immediately by the
commentary applicable to that text. As stated in the preface of the 2012 International Property Maintenance Code, the content of
sections in the code that begin with a letter designation (i.e., [P]502.1) are maintained by another code development committee.
Each section’s narrative includes a statement of its objective and intent, and usually includes a discussion about why the require-
ment commands the conditions set forth. Code text and commentary text are easily distinguished from each other. All code text
is shown as it appears in the International Property Maintenance Code, and all commentary is indented below the code text and
begins with the symbol .

Readers should note that the Commentary is to be used in conjunction with the International Property Maintenance Code and
not as a substitute for the code. The Commentary is advisory only; the code official alone possesses the authority and respon-
sibility for interpreting the code.

Comments and recommendations are encouraged, for through your input, we can improve future editions. Please direct your
comments to the Codes and Standards Development Department at the Chicago District Office.

2012 INTERNATIONAL PROPERTY MAINTENANCE CODE® COMMENTARY iii

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 TABLE OF CONTENTS

CHAPTER 1 SCOPE AND ADMINISTRATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 – 1-16

CHAPTER 2 DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 – 2-6

CHAPTER 3 GENERAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1 – 3-16

CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . 4-1 – 4-14

CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . 5-1 – 5-10

CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1 – 6-10

CHAPTER 7 FIRE SAFETY REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-1 – 7-6

CHAPTER 8 REFERENCED STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-1 – 8-4

APPENDIX A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-1 – A-2

INDEX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . INDEX-1 – INDEX-12

2012 INTERNATIONAL PROPERTY MAINTENANCE CODE® COMMENTARY v

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 Chapter 1:
Scope and Administration
General Comments of 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 assumed that the administrative and enforcement sec-
authority to enact building regulations. In terms of how it tions of a code are geared toward the responsibilities of
is used, police power is the power of the state to legis- the code official, the provisions also establish the rights
late for the general welfare of its citizens. This power and privileges of the design professional, contractor and
enables the passage of laws such as a property mainte- building owner.
nance 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 Purpose
limited this power in any way, the municipality may not Chapter 1 establishes the necessary legal basis for
exceed these limitations. While the municipality may not enforcement of the code by the authority having jurisdic-
further delegate its police power (e.g., by delegating the tion. All of the police powers inherent in enforcing mini-
burden of determining code compliance to the building mum standards for the use and maintenance of
owner, contractor or architect), it may turn over the buildings must follow the line of authority, from the U.S.
administration of building regulations to a municipal offi- Constitution to the state to the actual enforcer. Chapter
cial, such as a code official, provided that he or she is 1 defines the role and responsibilities of the authority
given sufficient criteria to clearly establish the basis for having jurisdiction. To protect all parties from an unfair
decisions as to whether or not a proposed building con- enforcement action, this chapter also sets forth the due
forms to the 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
process of law” in enforcing the provisions contained in not unlimited, and this chapter identifies those limita-
the body of the code. Only through careful observation tions.

PART 1—SCOPE AND APPLICATION ing structures and premises, and for administration, enforce-
ment and penalties.
 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 tures and on all existing premises.
code as it applies to existing structures. Four specific areas are addressed in greater detail
[A] 101.1 Title. These regulations shall be known as the in subsequent sections:
International Property Maintenance Code of [NAME OF • Establishing minimum maintenance standards for
JURISDICTION], hereinafter referred to as “this code.” such elements as basic equipment, light,
ventilation, heating, sanitation and fire safety.
 The purpose of this section is to identify the adopted
regulations by inserting the name of the adopting • Fixing responsibility among owners, operators and
jurisdiction into the code. occupants for following the code.
[A] 101.2 Scope. The provisions of this code shall apply to • Regulating the use of existing structures and
all existing residential and nonresidential structures and all premises.
existing premises and constitute minimum requirements and • Providing for administration, enforcement and
standards for premises, structures, equipment and facilities penalties.
for light, ventilation, space, heating, sanitation, protection
These four categories provide communities with
from the elements, life safety, safety from fire and other haz-
the tools to reduce risks created by deteriorated or
ards, and for safe and sanitary maintenance; the responsibility
unsafe buildings and help communities upgrade and
of owners, operators and occupants; the occupancy of exist-
maintain other existing structures.

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SCOPE AND ADMINISTRATION

[A] 101.3 Intent. This code shall be construed to secure its any occupied dwelling, except for such temporary interrup-
expressed intent, which is to ensure public health, safety and tion as necessary while repairs or alterations are in progress.
welfare insofar as they are affected by the continued occu- The requirements of this code are not intended to provide the
pancy and maintenance of structures and premises. Existing basis for removal or abrogation of fire protection and safety
structures and premises that do not comply with these provi- systems and devices in existing structures. Except as other-
sions shall be altered or repaired to provide a minimum level wise specified herein, the owner or the owner’s designated
of health and safety as required herein. agent shall be responsible for the maintenance of buildings,
structures and premises.
 The code is intended to provide requirements
addressing the public health, safety and welfare as  This section contains general maintenance require-
they relate to the use and maintenance of existing ments. The code specifically prohibits the disconnec-
structures and premises. The code requires existing tion of any required utilities for an occupied dwelling.
structures and premises that are not in compliance This helps to safeguard persons who have a physical
with the code to be altered or repaired to meet the condition and are dependent on these systems.
code. The code requirements are intended to repre- Some examples of this include: a person who has to
sent the minimum acceptable level of public health have electricity to power a kidney dialysis machine; a
and safety. As required in Section 102.3, repairs and patient who is on an oxygen system full time; or
alterations need to comply with several International someone with particularly bad allergies who needs to
Codes® (I-Codes®), including the International Build- have an air-conditioning system to help filter the air.
ing Code® (IBC®). Any safety system that exists in a building must be
[A] 101.4 Severability. If a section, subsection, sentence, maintained. A fire protection or safety system is not to
clause or phrase of this code is, for any reason, held to be be removed from a building if it is required by the
unconstitutional, such decision shall not affect the validity of code or a previous regulation or code that was in
the remaining portions of this code. effect when the building was built. This section also
specifies that the owner or the owner’s agent is
 Only invalid sections of the code (as established by responsible for maintenance, not the tenants of rental
the court of jurisdiction) can be set aside. This is property.
essential to safeguard the application of the code text
to situations whereby a provision of the code is [A] 102.3 Application of other codes. Repairs, additions or
declared illegal or unconstitutional. This section alterations to a structure, or changes of occupancy, shall be
would preserve the legislative action that put the legal done in accordance with the procedures and provisions of the
provisions in place. International Building Code, International Energy Conserva-
tion Code, International Fire Code, International Fuel Gas
Code, International Mechanical Code, International Resi-
SECTION 102 dential Code, International Plumbing Code and NFPA 70.
APPLICABILITY Nothing in this code shall be construed to cancel, modify or
set aside any provision of the International Zoning Code.
 This section sets forth the administrative provisions
for applying the code to various conditions related to  Repairs, additions or alterations are to be done as re-
its application. quired by the International Building Code® (IBC®),
[A] 102.1 General. Where there is a conflict between a gen- International Energy Conservation Code® (IECC®),
eral requirement and a specific requirement, the specific International Fire Code® (IFC®), International Fuel
requirement shall govern. Where differences occur between Gas Code® (IFGC®), International Mechanical Code®
provisions of this code and the referenced standards, the pro- (IMC®), International Residential Code® (IRC®) and
visions of this code shall apply. Where, in a specific case, dif- the International Plumbing Code® (IPC®). Chapter 34
ferent sections of this code specify different requirements, the of the IBC contains provisions for repairs, alterations
most restrictive shall govern. and additions, all of which are not in the scope of the
code. It is the intent of the International Property
 The most restrictive requirement is to apply where Maintenance Code® (IPMC®) not to affect any of the
there may be different requirements in the code for a requirements in the International Zoning Code®
specific situation. In cases where the code estab- (IZC®).
lishes a specific requirement for a certain condition,
that requirement is applicable even if it is less restric- [A] 102.4 Existing remedies. The provisions in this code
tive than a general requirement mentioned elsewhere shall not be construed to abolish or impair existing remedies
in the code. of the jurisdiction or its officers or agencies relating to the
removal or demolition of any structure which is dangerous,
[A] 102.2 Maintenance. Equipment, systems, devices and unsafe and insanitary.
safeguards required by this code or a previous regulation or
code under which the structure or premises was constructed,  Section 110 establishes one set of criteria and proce-
altered or repaired shall be maintained in good working order. dures that may be used to demolish dangerous,
No owner, operator or occupant shall cause any service, unsafe or insanitary buildings. This section permits a
facility, equipment or utility which is required under this sec- jurisdiction to continue to use any remedies already
tion to be removed from or shut off from or discontinued for adopted for demolishing buildings. In essence, a

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 SCOPE AND ADMINISTRATION

community may employ several procedures for than the product listing or manufacturer’s instructions.
removing dangerous buildings. It is advisable that If the code conflicts with or deviates from the condi-
one procedure be chosen over another to avoid con- tions of the listing, this may or may not mean that the
fusion and errors in processing the demolition. code violated the listing. For example, the listing for
[A] 102.5 Workmanship. Repairs, maintenance work, alter- an appliance might allow a particular application of an
ations or installations which are caused directly or indirectly appliance that is expressly prohibited by the code. In
by the enforcement of this code shall be executed and this case, the code has not violated the listing, but
installed in a workmanlike manner and installed in accor- instead has simply limited the application allowed by
dance with the manufacturer’s instructions. the listing. The intent is for the highest level of safety
to prevail.
 All repairs, materials, alterations and installations
[A] 102.7.1 Conflicts. Where conflicts occur between provi-
must be executed in a skilled manner that allows the
sions of this code and the referenced standards, the provisions
performance intended and anticipated by the code to
of this code shall apply.
be achieved, and must meet the criteria of the defini-
tion of “Workmanlike” in the code (see the definition  The use of referenced codes and standards to cover
of “Workmanlike” in Chapter 2). certain aspects of various occupancies and opera-
Equipment needs to comply with the manufac- tions, rather than write parallel or competing require-
turer’s installation instructions for proper operation ments into the code, is a long-standing code
and safety. development principle. Often, however, questions
[A] 102.6 Historic buildings. The provisions of this code and potential conflicts in the use of referenced codes
shall not be mandatory for existing buildings or structures and standards can arise, which can lead to inconsis-
designated as historic buildings when such buildings or struc- tent enforcement of the code.
tures are judged by the code official to be safe and in the pub- [A] 102.7.2 Provisions in referenced codes and standards.
lic interest of health, safety and welfare. Where the extent of the reference to a referenced code or
standard includes subject matter that is within the scope of
 This section provides the code official with the widest
this code, the provisions of this code, as applicable, shall take
flexibility in enforcing the code when the building in
precedence over the provisions in the referenced code or stan-
question has historic value. This flexibility, however,
dard.
is not provided without conditions. The most impor-
tant criterion for application of this section is that the  Section 102.7.2 expands upon the provisions of Sec-
building must be specifically classified as being of tion 102.7.1 by making it clear that, even if a refer-
historic significance by a qualified party or agent. enced standard references other codes or standards
Usually this is done by a state or local authority after (secondary reference) that contain requirements that
considerable scrutiny of the historical value of the parallel the code, the provisions of the code will
building. Most, if not all, states have such authorities, always take precedence. This section provides the
as do many local jurisdictions. The agencies with policy underpinnings upon which sound code change
such authority typically exist at the state or local gov- proposals can be based.
ernment level. [A] 102.8 Requirements not covered by code. Require-
[A] 102.7 Referenced codes and standards. The codes and ments necessary for the strength, stability or proper operation
standards referenced in this code shall be those that are listed of an existing fixture, structure or equipment, or for the pub-
in Chapter 8 and considered part of the requirements of this lic safety, health and general welfare, not specifically covered
code to the prescribed extent of each such reference and as by this code, shall be determined by the code official.
further regulated in Sections 102.7.1 and 102.7.2.
 Requirements necessary for the strength, stability or
Exception: Where enforcement of a code provision would proper operation of an existing fixture, structure or
violate the conditions of the listing of the equipment or equipment, or for the public safety, health and gen-
appliance, the conditions of the listing shall apply. eral welfare not specifically covered by the code shall
 A referenced standard or portion thereof is enforce- be determined by the code official.
able to the same extent as if the content of the stan- Evolving technology in our society will inevitably
dard were included in the body of the code. For result in a situation or circumstance in which the code
example, Section 604.2 references NFPA 70 for siz- is comparatively silent on an identified hazard. The
ing the electrical main service for a building. The use reasonable application of the code to any hazardous,
and application of referenced standards are limited to unforeseen condition is provided for in this section.
those portions of the standards that are specifically Clearly such a section is needed as well as the code
identified in the code. It is the intention of the code to official’s judicious and reasonable application. The
be in harmony with the referenced standards. If con- purpose of the section, however, is not to impose
flicts occur because of scope or purpose, the code requirements that may be preferred over explicit code
text governs. The exception recognizes the extremely requirements. Additionally, the section can be utilized
unlikely, but possible, occurrence of the code requir- to implement the general performance-oriented lan-
ing or allowing something less restrictive or stringent guage of the code to specific enforcement situations.

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SCOPE AND ADMINISTRATION

[A] 102.9 Application of references. References to chapter [A] 103.4 Liability. The code official, member of the board
or section numbers, or to provisions not specifically identi- of appeals or employee charged with the enforcement of this
fied by number, shall be construed to refer to such chapter, code, while acting for the jurisdiction, in good faith and with-
section or provision of this code. out malice in the discharge of the duties required by this code
or other pertinent law or ordinance, shall not thereby be ren-
 In a situation where the code may make reference to
dered liable personally, and is hereby relieved from all per-
a chapter or section number or to another code provi-
sonal liability for any damage accruing to persons or property
sion without specifically identifying its location in the
as a result of an act or by reason of an act or omission in the
code, assume that the referenced section, chapter or
discharge of official duties. Any suit instituted against any
provision is in the code and not in a referenced code
officer or employee because of an act performed by that offi-
or standard.
cer or employee in the lawful discharge of duties and under
[A] 102.10 Other laws. The provisions of this code shall not the provisions of this code shall be defended by the legal rep-
be deemed to nullify any provisions of local, state or federal resentative of the jurisdiction until the final termination of the
law. proceedings. The code official or any subordinate shall not be
 In some cases, other laws enacted by the jurisdiction liable for costs in an action, suit or proceeding that is insti-
or the state or federal government may be applicable tuted in pursuance of the provisions of this code.
to a condition that is also governed by a requirement  The code official is not intended to be held liable for
in the code. In such circumstances, the requirements those actions performed in accordance with the code
of the code are in addition to the other law that is still in a reasonable and lawful manner. The responsibility
in effect, although the code official may not be of the code official in this regard is subject to local,
responsible for its enforcement. state and federal laws that may supersede this provi-
sion. This section further establishes that the code
official (or subordinates) is not liable for costs in any
PART 2—ADMINISTRATION AND ENFORCEMENT legal action instituted in response to the performance
of lawful duties. These costs are to be borne by the
jurisdiction. The best way to be certain that the code
SECTION 103 official’s action is a “lawful duty” is to always cite the
DEPARTMENT OF PROPERTY MAINTENANCE applicable code section on which the enforcement
INSPECTION action is based.
[A] 103.1 General. The department of property maintenance [A] 103.5 Fees. The fees for activities and services performed
inspection is hereby created and the executive official in by the department in carrying out its responsibilities under
charge thereof shall be known as the code official. this code shall be as indicated in the following schedule.
 The executive official in charge of the property main- [JURISDICTION TO INSERT APPROPRIATE SCHEDULE.]
tenance department is named the “code official” by
this section. In actuality, the person who is in charge  A published fee schedule must be established for
of the department may hold a different title, such as permits and inspections. Ideally, the department
building commissioner, existing building inspector, should generate revenues that cover operating costs
housing inspector or construction official. For the pur- and expenses. The permit fee schedule is an integral
pose of the code, that person is referred to as the part of this process.
“code official.”
[A] 103.2 Appointment. The code official shall be appointed SECTION 104
by the chief appointing authority of the jurisdiction. DUTIES AND POWERS OF THE CODE OFFICIAL
 This section establishes the code official as an [A] 104.1 General. The code official is hereby authorized
appointed position from which he or she cannot be and directed to enforce the provisions of this code. The code
removed, except for cause subject to a due process official shall have the authority to render interpretations of
review. this code and to adopt policies and procedures in order to
[A] 103.3 Deputies. In accordance with the prescribed proce- clarify the application of its provisions. Such interpretations,
dures of this jurisdiction and with the concurrence of the policies and procedures shall be in compliance with the intent
appointing authority, the code official shall have the authority and purpose of this code. Such policies and procedures shall
to appoint a deputy(s). Such employees shall have powers as not have the effect of waiving requirements specifically pro-
delegated by the code official. vided for in this code.
 This section provides the code official with the author-  The duty of the code official is to enforce the code.
ity to appoint other individuals to assist with the Because the code official must respond to those who
administration and enforcement of the code. These question the requirements of the code related to this
individuals would have the authority and responsibil- responsibility, except as specifically exempted by
ity as designated by the code official. Such appoint- statutory requirements or elsewhere in the code, he
ments, however, may be exercised only with the or she is the “authority having jurisdiction” for all mat-
authorization of the chief appointing authority. ters relating to the code and its enforcement. It is the

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 SCOPE AND ADMINISTRATION

duty of the code official both to interpret and to deter- access may be denied by the owner or occupant.
mine compliance with the code. Code compliance will Unless the inspector has reasonable cause to believe
not always be easy to determine and will require the that a violation of the code exists, access may be
judgment and expertise of the code official. In exer- unattainable.
cising this authority, however, the code official cannot Searches of a private residence to gather informa-
set aside or ignore any provision of the code. tion for the purpose of enforcing codes, ordinances or
[A] 104.2 Inspections. The code official shall make all of the regulations are considered unreasonable and are
required inspections, or shall accept reports of inspection by prohibited by the Fourth Amendment to the U.S. Con-
approved agencies or individuals. All reports of such inspec- stitution. “Reasonable cause” in the context of this
tions shall be in writing and be certified by a responsible offi- section must be distinguished from “probable cause,”
cer of such approved agency or by the responsible individual. which is required to gain access to property in crimi-
The code official is authorized to engage such expert opinion nal cases. The burden of proof establishing reason-
as deemed necessary to report upon unusual technical issues able cause may vary among jurisdictions. Usually, an
that arise, subject to the approval of the appointing authority. inspector must show that the property is subject to
inspection under the provisions of the code; that the
 The code official or designee is required to make the interests of the public health, safety and welfare out-
necessary inspections to determine compliance with weigh the individual’s right to maintain privacy; and
the code, or may accept written reports of inspections that such an inspection is required solely to deter-
by an approved agency. The inspection of the work in mine compliance with the provisions of the code.
progress or that is already accomplished is another Many jurisdictions do not recognize the concept of
significant element in determining code compliance. an administrative warrant and may require the code
While a department does not have the resources to official to prove probable or reasonable cause in
inspect every aspect of all work, the required inspec- order to gain access upon refusal. This burden of
tions are those that are dictated by administrative proof is usually more substantial, often requiring the
rules and procedures based on many parameters, code official to stipulate in advance why access is
including available inspection resources. In order to needed (usually access is restricted to gathering evi-
expand the available resources, the code official may dence for seeking an indictment or making an arrest);
approve an inspection agency that, in his or her opin- what specific items or information is sought; its rele-
ion, possesses the proper qualifications to perform vance to the case against the individual subject; how
the inspections. When unusual or complex technical knowledge of the relevance of the information or
issues arise relative to inspections, the code official items sought was obtained; and how the evidence
has the authority to seek the opinion and advice of sought will be used. In all such cases, the right to pri-
experts. A technical report from an expert requested vacy must always be weighed against the right of the
by the code official can be used to assist in the code official to conduct an inspection to verify that the
approval process. public health, safety and welfare are not in jeopardy.
[A] 104.3 Right of entry. Where it is necessary to make an Such important and complex constitutional issues
inspection to enforce the provisions of this code, or whenever should be discussed with the jurisdiction’s legal coun-
the code official has reasonable cause to believe that there sel. Jurisdictions should establish procedures for
exists in a structure or upon a premises a condition in viola- securing the necessary court orders when an inspec-
tion of this code, the code official is authorized to enter the tion is deemed necessary following a refusal.
structure or premises at reasonable times to inspect or per- Third, code officials must present proper identifica-
form the duties imposed by this code, provided that if such tion (see commentary, Section 104.4) and request
structure or premises is occupied the code official shall pres- admittance during reasonable hours—usually the
ent credentials to the occupant and request entry. If such normal business hours of the establishment—to be
structure or premises is unoccupied, the code official shall admitted. Fourth, inspections must be aimed at
first make a reasonable effort to locate the owner or other per- securing or determining compliance with the provi-
son having charge or control of the structure or premises and sions and intent of the regulations that are specifically
request entry. If entry is refused, the code official shall have within the established scope of the code official’s
recourse to the remedies provided by law to secure entry. authority.

 This section establishes the right of the code official [A] 104.4 Identification. The code official shall carry proper
to enter the premises in order to make the inspec- identification when inspecting structures or premises in the
tions required by Section 104.3. The right to enter performance of duties under this code.
structures or premises is limited. First, to protect the
right of privacy, the owner or occupant must grant the  This section requires the code official (including by
code official permission before an interior inspection definition all authorized representatives) to carry
of the property can be conducted. Permission is not identification in the course of conducting the duties of
required for inspections that can be accomplished the position. The identification removes any question
from within the public right-of-way. Second, such as to the purpose and authority of the inspector.

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SCOPE AND ADMINISTRATION

[A] 104.5 Notices and orders. The code official shall issue Filing the details of a modification action is neces-
all necessary notices or orders to ensure compliance with this sary if the reasons for the modification are subject to
code. review. Comprehensive written records are an essen-
tial part of an effective administrative system. Unless
 An important element of code enforcement is the nec- clearly written records of the considerations and doc-
essary advisement of deficiencies, which is accom- umentation utilized in the modification process are
plished through notices and orders. The code official created and maintained, subsequent enforcement
is required to issue orders to abate illegal or unsafe action will be difficult to support and will be inconsis-
conditions. Section 107 contains additional informa- tent.
tion for these notices.
[A] 105.2 Alternative materials, methods and equipment.
[A] 104.6 Department records. The code official shall keep The provisions of this code are not intended to prevent the
official records of all business and activities of the depart- installation of any material or to prohibit any method of con-
ment specified in the provisions of this code. Such records struction not specifically prescribed by this code, provided
shall be retained in the official records for the period required that any such alternative has been approved. An alternative
for retention of public records. material or method of construction shall be approved where
 In keeping with the need for an efficiently conducted the code official finds that the proposed design is satisfactory
business practice, the code official must keep official and complies with the intent of the provisions of this code,
records pertaining to fees collected, inspections, and that the material, method or work offered is, for the pur-
notices and orders issued. Such documentation pro- pose intended, at least the equivalent of that prescribed in this
vides a valuable source of information if questions code in quality, strength, effectiveness, fire resistance, dura-
arise throughout the life of the building and its occu- bility and safety.
pancy regarding outstanding preexisting code viola-  The code is not intended to inhibit innovative ideas or
tions or conditions. technological advances. A comprehensive regulatory
document cannot envision and then address all future
innovations in the industry. As a result, the code must
SECTION 105 be applicable to and provide a basis for the approval
APPROVAL of an increasing number of newly developed, innova-
[A] 105.1 Modifications. Whenever there are practical diffi- tive materials, systems and methods for which no
culties involved in carrying out the provisions of this code, code text or referenced standards yet exist. The fact
the code official shall have the authority to grant modifica- that a material, product or method of construction is
tions for individual cases upon application of the owner or not specifically described in the code is not an indica-
owner’s representative, provided the code official shall first tion that its use is intended to be prohibited. The code
find that special individual reason makes the strict letter of official is expected to apply sound technical judgment
this code impractical and the modification is in compliance in accepting materials, systems or methods that,
with the intent and purpose of this code and that such modifi- while not anticipated by the drafters of the current
cation does not lessen health, life and fire safety require- code text, can be demonstrated to offer equivalent
ments. The details of action granting modifications shall be performance. The code official is responsible for
recorded and entered in the department files. determining if a requested alternative provides the
equivalent level of protection of the public health,
 The code official may amend or make exceptions to safety and welfare as required by the code.
the code as needed where strict compliance is
[A] 105.3 Required testing. Whenever there is insufficient
impractical. Only the code official has the authority to
evidence of compliance with the provisions of this code, or
grant modifications. Consideration of a particular diffi-
evidence that a material or method does not conform to the
culty is to be based on the application of the owner
requirements of this code, or in order to substantiate claims
and a demonstration that the intent of the code is
for alternative materials or methods, the code official shall
accomplished. This section is not intended to permit
have the authority to require tests to be made as evidence of
setting aside or ignoring a code provision; rather, it is
compliance at no expense to the jurisdiction.
intended to provide for the acceptance of equivalent
protection. For example, a code official might decide  To provide the basis on which the code official can
to accept the installation of a sprinkler system make a decision regarding an alternative material or
throughout the building instead of upgrading certain type of equipment, sufficient technical data, test
walls to have a fire-resistance rating. The modifica- reports and documentation must be provided for eval-
tion of requirements would be based on the equiva- uation by the code official. If evidence satisfactory to
lent protection of the sprinkler system to the the code official proves that the alternative equip-
upgraded walls. Such modifications do not, however, ment, material or construction method is equivalent to
extend to actions that are necessary to correct viola- that required by the code, he or she is obligated to
tions of the code. In other words, a code violation or approve it. Any such approval cannot have the effect
the expense of correcting one cannot constitute a of waiving any requirements of the code. The burden
practical difficulty. of proof of equivalence lies with the applicant that

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 SCOPE AND ADMINISTRATION

proposes the use of alternative equipment, materials to be suitable for a particular application. The code
or methods. official has a duty to evaluate such materials, equip-
[A] 105.3.1 Test methods. Test methods shall be as specified ment, devices and systems for code compliance and,
in this code or by other recognized test standards. In the when compliance is determined, approve the same
absence of recognized and accepted test methods, the code for use. The materials, equipment, devices and sys-
official shall be permitted to approve appropriate testing pro- tems must be constructed and installed in compliance
cedures performed by an approved agency. with, and all conditions and limitations considered as
a basis for, that approval. For example, the manufac-
 The code official must require the submission of any turer’s instructions and recommendations are to be
appropriate information and data to assist in the followed if the approval of the material was based
determination of equivalency. This information must even in part on those instructions and recommenda-
be submitted before a permit will be issued. The type tions. The approval authority given to the code official
of information required includes test data in accor- is a significant responsibility and is a key to code
dance with the referenced standards, evidence of compliance. The approval process is first technical
compliance with the referenced standard specifica- and then administrative and must be approached as
tions and design calculations. If no test standard is such. For example, if data to determine code compli-
available, the owner or owner’s agent is to propose ance is required, such data should be in the form of
the test procedures and submit them to the code offi- test reports or engineering analysis and not simply
cial for review and approval. A research report issued taken from a sales brochure.
by an authoritative agency, such as ICC Evaluation [A] 105.6 Research reports. Supporting data, where neces-
Service (ICC-ES), is particularly useful in providing sary to assist in the approval of materials or assemblies not
the code official with the technical basis for evaluation specifically provided for in this code, shall consist of valid
and approval of new and innovative plumbing materi- research reports from approved sources.
als and components, for example. The use of authori-
tative research reports can greatly assist the code  When an alternative material or method is proposed
official by reducing the time-consuming engineering for construction, it is incumbent upon the code official
analysis necessary to review materials and products. to determine whether this alternative is, in fact, an
Failure to adequately substantiate a request for the equivalent to the methods prescribed by the code.
use of an alternative is a valid reason for the code Reports providing evidence of this equivalency are
official to deny a request. required to be supplied by an approved source,
meaning a source that the code official finds to be
[A] 105.3.2 Test reports. Reports of tests shall be retained by
reliable and accurate. The ICC-ES is an example of
the code official for the period required for retention of public
an agency that provides research reports for alterna-
records.
tive materials and methods.
 The testing agency must be approved by the code
official. The testing agency should have technical
expertise, test equipment and quality assurance to SECTION 106
properly conduct and report the necessary testing. VIOLATIONS
[A] 105.4 Used material and equipment. The use of used [A] 106.1 Unlawful acts. It shall be unlawful for a person,
materials which meet the requirements of this code for new firm or corporation to be in conflict with or in violation of
materials is permitted. Materials, equipment and devices shall any of the provisions of this code.
not be reused unless such elements are in good repair or have  Violations of the code are prohibited. This is the basis
been reconditioned and tested when necessary, placed in for all citations and correction notices with regard to
good and proper working condition and approved by the code code violations.
official.
[A] 106.2 Notice of violation. The code official shall serve a
 The code criteria for materials and equipment have notice of violation or order in accordance with Section 107.
changed over the years. Evaluation of testing and
materials technology has facilitated the development  The code official is required to notify the person
of new criteria that the old materials may not satisfy. responsible for violating the code. The section that is
As a result, used materials are required to be evalu- allegedly being violated must be cited so that the
ated in the same manner as new materials. Used responsible party can respond to the notice.
(previously installed) equipment must be equivalent [A] 106.3 Prosecution of violation. Any person failing to
to that required by the code if it is to be used again in comply with a notice of violation or order served in accor-
a new installation. dance with Section 107 shall be deemed guilty of a misde-
[A] 105.5 Approved materials and equipment. Materials, meanor or civil infraction as determined by the local
equipment and devices approved by the code official shall be municipality, and the violation shall be deemed a strict liabil-
constructed and installed in accordance with such approval. ity offense. If the notice of violation is not complied with, the
code official shall institute the appropriate proceeding at law
 The code is a compilation of criteria with which mate- or in equity to restrain, correct or abate such violation, or to
rials, equipment, devices and systems must comply require the removal or termination of the unlawful occupancy

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SCOPE AND ADMINISTRATION

of the structure in violation of the provisions of this code or [A] 106.5 Abatement of violation. The imposition of the
of the order or direction made pursuant thereto. Any action penalties herein prescribed shall not preclude the legal officer
taken by the authority having jurisdiction on such premises of the jurisdiction from instituting appropriate action to
shall be charged against the real estate upon which the struc- restrain, correct or abate a violation, or to prevent illegal
ture is located and shall be a lien upon such real estate. occupancy of a building, structure or premises, or to stop an
illegal act, conduct, business or utilization of the building,
 This section classifies a violation as a “strict liability structure or premises.
offense,” which is defined in Section 202; thus, it is
not required to prove that the person intended to vio-  Despite the assessment of a penalty in the form of a
late the code or was negligent in doing so. All that is fine or imprisonment against a violator, the violation
required for conviction is that the notice of violation itself must still be corrected. Failure to make the nec-
for correction was properly served and that the per- essary corrections will result in the violator being sub-
son failed to comply. This aids jurisdictions in prose- ject to additional penalties as described in the
cuting code violators. preceding section.
The code official must pursue, through the use of
legal counsel of the jurisdiction, legal means to cor-
rect the violation. SECTION 107
Any extensions of time for the violations to be vol- NOTICES AND ORDERS
untarily corrected must be for a reasonable, bona fide [A] 107.1 Notice to person responsible. Whenever the code
cause or the code official may be subject to criticism official determines that there has been a violation of this code
for “arbitrary and capricious” actions. In general, it is or has grounds to believe that a violation has occurred, notice
better to have a standard time limitation for correction shall be given in the manner prescribed in Sections 107.2 and
of violations. Departures from this standard must be 107.3 to the person responsible for the violation as specified
for a clear and reasonable purpose, usually stated in in this code. Notices for condemnation procedures shall also
writing by the violator. The code provides a mecha- comply with Section 108.3.
nism for the municipality to recover costs expended
on a property to be recovered through placing a lien  Written notice must be given to the person responsi-
on the property. For example, if an unimproved lot ble for the property (i.e., occupant) when the code
had to be mown throughout the summer growing sea- official observes a violation of the code. When a prop-
son, the cost of the mowing could be recovered erty is condemned, the person responsible for the
through a lien on the property. property must be informed of the intent to placard and
[A] 106.4 Violation penalties. Any person who shall violate vacate the structure.
a provision of this code, or fail to comply therewith, or with The person responsible must be notified when a
any of the requirements thereof, shall be prosecuted within building is placarded. This is important because both
the limits provided by state or local laws. Each day that a vio- the person responsible and the owner can be
lation continues after due notice has been served shall be charged with a violation of the code if they fail to
deemed a separate offense. vacate the structure.
It is also important for the code official to keep cop-
 An adopting jurisdiction is permitted to assess penal- ies of all written notices issued. If the person respon-
ties for violations of the code. The penalties include sible for the property or occupants fail to abide by a
monetary fines, as well as possible imprisonment. verbal order, the code official needs something more
The severity of the fine or penalty is left for the juris- substantial to pursue enforcement action. If further
diction to establish. The local jurisdiction, through its enforcement procedures are warranted, the code offi-
council and attorney or other administrative authority, cial will need a complete chronologically written docu-
will normally designate the range for the dollar mentation of all notices and orders that have been
amount of fines; however, the judge will determine issued.
the actual fine. This encourages support and agree- [A] 107.2 Form. Such notice prescribed in Section 107.1
ment from all parties when enforcement action is shall be in accordance with all of the following:
taken. Fines should be large enough to discourage
noncompliance with the code, but not so large as to 1. Be in writing.
be inappropriate for the violation being charged.
2. Include a description of the real estate sufficient for
Each day a violation continues unabated after identification.
proper notice has been served is to be deemed a
separate offense and may be charged as such. In 3. Include a statement of the violation or violations and
general, it is better to cite violations daily. This action why the notice is being issued.
may expedite a court hearing or cause the owner to
4. Include a correction order allowing a reasonable time to
correct the violations rather than risk exorbitant fines
make the repairs and improvements required to bring
or imprisonment. Whether or not to cite violations on
the dwelling unit or structure into compliance with the
a daily basis is a policy decision and should be made
provisions of this code.
in cooperation with the attorney who will prosecute
the cases. 5. Inform the property owner of the right to appeal.

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6. Include a statement of the right to file a lien in accor- the jurisdiction where the person to be served
dance with Section 106.3. lives.
 The notice required by Section 107.1 must: • Delivery by certified or registered mail
addressed to the owner or the owner’s
• Be in writing. A verbal notice is unreliable. designated agent at the last known address with
• Clearly identify the property. The address of the a return receipt requested. This is a valid
property is sufficient when it is readily available. method of service, but sometimes it is not
The legal description may be necessary when reliable. The owner may refuse to accept or
the address for the property is missing or if the ignore the service if he or she knows the
land is vacant and lacks an address. jurisdiction plans to send notices. Also, it may
• State why the notice is being issued, and take 10 to 14 days before the code official is
identify what part of the code is being violated. notified by the post office that service could not
be made. If the notice required the owner or
• Include a correction order, and state what owner’s agent to correct something in a short
repairs need to be made to bring the property time, the time for compliance may pass before
back into compliance with the code. the code official is aware the post office has not
• Allow a reasonable time for compliance. This is made the delivery.
subjective. A reasonable time must not only • If the certified or registered letter is returned as
include adequate time to allow owners to make undelivered, posting a copy in an easy-to-see
repairs, but must also address the risk to the place in or about the structure will suffice. Since
occupants and the public. As an example, if a the code official must wait until the post office
portion of a building is collapsing, the owner returns undelivered certified letters before they
may believe that a reasonable time to correct can be posted, this form of service is very time
the damage should be several weeks or even consuming.
months; however, a collapsing wall creates an
immediate danger to the public. The code All of the services noted above may be expensive
official should require completion of all repairs and time consuming. In some communities, the
within a few days or, in extreme cases, in a courts may consider service to be valid if the notice
matter of hours. was sent to the last known address of the owner or
owner’s agent by regular postage and the notice was
• Provide the person responsible for the property not returned by the post office. This method of service
with a notice of his or her right to seek is obviously much cheaper and usually faster than
modification or withdrawal of the order by waiting for the return of a certified letter. It must, how-
appealing to a board of appeals according to ever, be acceptable to the court system. The jurisdic-
Section 111. tion’s attorney should be consulted to determine that
• Inform the person responsible for the property of the type of service is legally acceptable, reasonably
his or her authority to file a lien upon such real cost effective and timely.
estate that any action has been taken pursuant [A] 107.4 Unauthorized tampering. Signs, tags or seals
to Section 106.3. posted or affixed by the code official shall not be mutilated,
[A] 107.3 Method of service. Such notice shall be deemed to destroyed or tampered with, or removed without authoriza-
be properly served if a copy thereof is: tion from the code official.
1. Delivered personally;  This section states that tampering with signs, seals or
tags posted at the property is a violation of the code.
2. Sent by certified or first-class mail addressed to the last The safety of the occupants may depend on the
known address; or warning signs posted by the code official remaining in
3. If the notice is returned showing that the letter was not place.
delivered, a copy thereof shall be posted in a conspicu- [A] 107.5 Penalties. Penalties for noncompliance with orders
ous place in or about the structure affected by such and notices shall be as set forth in Section 106.4.
notice.
 This section references Section 106.4, which estab-
 Proper service of all notices is crucial. Improper or lishes penalties for violating provisions of the code.
inadequate service may make it impossible to pursue [A] 107.6 Transfer of ownership. It shall be unlawful for the
enforcement satisfactorily. Proper service requires owner of any dwelling unit or structure who has received a
one of the following methods: compliance order or upon whom a notice of violation has
• Personal delivery to the owner or the been served to sell, transfer, mortgage, lease or otherwise dis-
responsible person designated by the owner. pose of such dwelling unit or structure to another until the
This is the most effective form of service. provisions of the compliance order or notice of violation have
Usually, personal service is provided by a been complied with, or until such owner shall first furnish the
personal service company (i.e., a third-party grantee, transferee, mortgagee or lessee a true copy of any
agency), the code official or the sheriff’s office in compliance order or notice of violation issued by the code

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SCOPE AND ADMINISTRATION

official and shall furnish to the code official a signed and Only structures with major defects or life-threaten-
notarized statement from the grantee, transferee, mortgagee ing conditions are considered unsafe. Minor defects,
or lessee, acknowledging the receipt of such compliance such as an inadequate number of electrical outlets or
order or notice of violation and fully accepting the responsi- damaged plaster, do not necessarily create an unsafe
bility without condition for making the corrections or repairs structure, even though they are violations of the code.
required by such compliance order or notice of violation. [A] 108.1.2 Unsafe equipment. Unsafe equipment includes
 When a property has a pending violation order, it is any boiler, heating equipment, elevator, moving stairway,
unlawful for an owner to sell, transfer, mortgage, electrical wiring or device, flammable liquid containers or
lease or otherwise dispose of the property without other equipment on the premises or within the structure
either following the order or advising the buyer, mort- which is in such disrepair or condition that such equipment is
gagee, etc., of the pending violation. The owner must a hazard to life, health, property or safety of the public or
prove that the buyer has received notice of pending occupants of the premises or structure.
violations by providing the code official with a signed,  Equipment may become unsafe when it is a hazard to
notarized receipt from the new transferee. life, health, property or safety.
Determining who is the current owner of a building The judgment of the code official is critical in deter-
is a frustrating and difficult activity. To evade code mining when equipment should be deemed unsafe. If
enforcement action, owners will frequently transfer uncertain about appropriate enforcement action, he
ownership of their property. This provision of the code or she should seek additional expertise and advice
permits the code official to cite the seller if he or she and, if necessary, err on the side of safety.
did not provide the code official with the required noti-
fication when the property was transferred; thus, [A] 108.1.3 Structure unfit for human occupancy. A struc-
even though the seller may avoid complying with the ture is unfit for human occupancy whenever the code official
outstanding violation orders, he or she can still be finds that such structure is unsafe, unlawful or, because of the
charged with a violation for failing to provide proof degree to which the structure is in disrepair or lacks mainte-
that the transferee was aware of the pending orders. nance, is insanitary, vermin or rat infested, contains filth and
contamination, or lacks ventilation, illumination, sanitary or
heating facilities or other essential equipment required by this
code, or because the location of the structure constitutes a
SECTION 108
hazard to the occupants of the structure or to the public.
UNSAFE STRUCTURES AND EQUIPMENT
[A] 108.1 General. When a structure or equipment is found  The following conditions are reasons for declaring a
by the code official to be unsafe, or when a structure is found building unfit for occupancy: unsafe; unlawful; lacks
unfit for human occupancy, or is found unlawful, such struc- maintenance to a serious degree; disrepair; insani-
ture shall be condemned pursuant to the provisions of this tary; vermin or rat infested; contains filth; lacks
code. essential equipment and its location is hazardous to
the occupants or the public.
 This section provides a brief description of conditions The list of reasons for declaring a structure unfit
where the code official is given the authority to con- requires subjective judgement. Because the conse-
demn an existing structure or equipment. Where a quences of declaring a structure unfit for occupancy
structure or equipment is “unlawful,” as described in are severe, the code official should carefully and thor-
the text of this section, that structure or equipment oughly document all conditions that contributed to
does not comply with the requirements of the code. that determination.
The deficiencies are such that an unsafe condition or [A] 108.1.4 Unlawful structure. An unlawful structure is
a condition that is unfit for human occupancy exists. one found in whole or in part to be occupied by more persons
[A] 108.1.1 Unsafe structures. An unsafe structure is one than permitted under this code, or was erected, altered or
that is found to be dangerous to the life, health, property or occupied contrary to law.
safety of the public or the occupants of the structure by not  An unlawful structure is one that has serious deficien-
providing minimum safeguards to protect or warn occupants cies such that an unsafe condition or a condition that
in the event of fire, or because such structure contains unsafe is unfit for human occupancy exists. An unlawful
equipment or is so damaged, decayed, dilapidated, structur- structure does not mean one where there are criminal
ally unsafe or of such faulty construction or unstable founda- activities.
tion, that partial or complete collapse is possible.
[A] 108.1.5 Dangerous structure or premises. For the pur-
 Any building that endangers life, health, safety or pose of this code, any structure or premises that has any or all
property is unsafe. A building is considered danger- of the conditions or defects described below shall be consid-
ous if it meets one or more of the following conditions: ered dangerous:
• It lacks adequate protection from fire; 1. Any door, aisle, passageway, stairway, exit or other
means of egress that does not conform to the
• It contains unsafe equipment; or
approved building or fire code of the jurisdiction as
• All or part of the building is likely to collapse. related to the requirements for existing buildings.

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 SCOPE AND ADMINISTRATION

2. The walking surface of any aisle, passageway, stair- 11. Any portion of a building remains on a site after the
way, exit or other means of egress is so warped, worn demolition or destruction of the building or structure
loose, torn or otherwise unsafe as to not provide safe or whenever any building or structure is abandoned so
and adequate means of egress. as to constitute such building or portion thereof as an
3. Any portion of a building, structure or appurtenance attractive nuisance or hazard to the public.
that has been damaged by fire, earthquake, wind,  This specific section contains a general listing of con-
flood, deterioration, neglect, abandonment, vandal- ditions that establish a baseline to compare or evalu-
ism or by any other cause to such an extent that it is ate a structure against to determine if the present
likely to partially or completely collapse, or to condition of a building or structure is dangerous. The
become detached or dislodged. purpose of this section is to allow a code official to
4. Any portion of a building, or any member, appurte- cite specific conditions under which he or she finds a
nance or ornamentation on the exterior thereof that is structure to be dangerous. The list of conditions
not of sufficient strength or stability, or is not so focuses on adequacy of the means of egress, struc-
anchored, attached or fastened in place so as to be tural, fire resistance, fire protection, plumbing and
capable of resisting natural or artificial loads of one ventilation systems.
and one-half the original designed value. [A] 108.2 Closing of vacant structures. If the structure is
5. The building or structure, or part of the building or vacant and unfit for human habitation and occupancy, and is
structure, because of dilapidation, deterioration, not in danger of structural collapse, the code official is autho-
decay, faulty construction, the removal or movement rized to post a placard of condemnation on the premises and
of some portion of the ground necessary for the sup- order the structure closed up so as not to be an attractive nui-
port, or for any other reason, is likely to partially or sance. Upon failure of the owner to close up the premises
completely collapse, or some portion of the founda- within the time specified in the order, the code official shall
tion or underpinning of the building or structure is cause the premises to be closed and secured through any
likely to fail or give way. available public agency or by contract or arrangement by pri-
vate persons and the cost thereof shall be charged against the
6. The building or structure, or any portion thereof, is real estate upon which the structure is located and shall be a
clearly unsafe for its use and occupancy. lien upon such real estate and may be collected by any other
7. The building or structure is neglected, damaged, legal resource.
dilapidated, unsecured or abandoned so as to become  Code officials are granted the authority to condemn,
an attractive nuisance to children who might play in placard and vacate any building that they determine
the building or structure to their danger, becomes a to be unsafe, unlawful or unfit for occupancy. Also,
harbor for vagrants, criminals or immoral persons, or code officials may remove unsafe equipment from
enables persons to resort to the building or structure use.
for committing a nuisance or an unlawful act. No one is permitted to reoccupy or reuse any build-
8. Any building or structure has been constructed, exists ing or equipment until the code official has given his
or is maintained in violation of any specific require- or her approval. Unsafe structures, unsafe equip-
ment or prohibition applicable to such building or ment, buildings that are unfit for human occupancy
structure provided by the approved building or fire and unlawful structures are further defined in subse-
code of the jurisdiction, or of any law or ordinance to quent sections.
such an extent as to present either a substantial risk of The ability to condemn and vacate structures is a
fire, building collapse or any other threat to life and powerful enforcement tool. It protects occupants from
safety. danger and prevents owners from collecting income
9. A building or structure, used or intended to be used on their properties. Before condemning or vacating
for dwelling purposes, because of inadequate mainte- structures, the code official should establish a clearly
nance, dilapidation, decay, damage, faulty construc- defined list of violations that warrant such actions.
tion or arrangement, inadequate light, ventilation, Additionally, it is critical to document all of the viola-
mechanical or plumbing system, or otherwise, is tions found in each building to be condemned. When
determined by the code official to be unsanitary, unfit practical, photographs should be taken of violations.
for human habitation or in such a condition that is Should litigation become necessary, photographs
likely to cause sickness or disease. provide documents that have a powerful impact.
Open, vacant buildings are an attractive nuisance
10. Any building or structure, because of a lack of suffi- to children, a potential fire hazard, a harborage for
cient or proper fire-resistance-rated construction, fire rodents and insects and a potential home for
protection systems, electrical system, fuel connec- vagrants. Vacant buildings also create a blighting
tions, mechanical system, plumbing system or other influence within a community.
cause, is determined by the code official to be a threat The code official is authorized to condemn as unfit
to life or health. those buildings that are vacant and open to trespass

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SCOPE AND ADMINISTRATION

but not in danger of collapse. When the owner has defective equipment a placard bearing the word “Con-
been ordered to secure an open building but fails to demned” and a statement of the penalties provided for occu-
do so, the code official must secure the structure by pying the premises, operating the equipment or removing the
contracting with a public or private agent to close up placard.
the building.  If the owner fails to comply with the notice, a placard
The costs for closing buildings are to be charged to indicating that the structure is condemned as unfit for
the property in the form of a lien. Generally, once a human occupancy or use should be posted on the
lien has been filed against a property, it must be sat- property or equipment. This placard should also show
isfied before the property can be sold. This section the penalty for illegal occupancy of the building or
authorizes collection by any other legal resource. It equipment, and for removing the placard.
also allows collection by additional methods such as Immediate enforcement action should be pursued
small claims judgements, collection agency actions
when there is an illegal occupancy of a condemned
and personal liens. This enhances the chances of
building or equipment. The credibility of the code en-
cost recovery.
forcement program is dependent upon the public’s
[A] 108.2.1 Authority to disconnect service utilities. The belief that the code will be adequately enforced.
code official shall have the authority to authorize disconnec- Any owner or other person responsible for comply-
tion of utility service to the building, structure or system reg- ing with a correction order who has failed to comply,
ulated by this code and the referenced codes and standards set must vacate the property immediately after the time
forth in Section 102.7 in case of emergency where necessary for correction has passed. All occupants should be
to eliminate an immediate hazard to life or property or when given reasonable time to find other accommodations.
such utility connection has been made without approval. The
[A] 108.4.1 Placard removal. The code official shall remove
code official shall notify the serving utility and, whenever
the condemnation placard whenever the defect or defects
possible, the owner and occupant of the building, structure or
upon which the condemnation and placarding action were
service system of the decision to disconnect prior to taking
based have been eliminated. Any person who defaces or
such action. If not notified prior to disconnection the owner
removes a condemnation placard without the approval of the
or occupant of the building structure or service system shall
code official shall be subject to the penalties provided by this
be notified in writing as soon as practical thereafter.
code.
 Disconnecting a service utility from the energy supply
 Only the code official is authorized to remove a con-
is the most radical method of hazard abatement avail-
demnation placard. The code official is to remove the
able to the code official and should be reserved for
placard only when the defect or defects have been
cases in which all other lesser remedies have proven
corrected as required by the code. Any other person
ineffective. Such an action must be preceded by a
who removes or defaces a placard is in violation of
written notice to the owner and any occupants of the
the code and subject to its penalties.
building being ordered to disconnect. Disconnection
must be accomplished within the timeframe estab- [A] 108.5 Prohibited occupancy. Any occupied structure
lished by the code official in the written notification. condemned and placarded by the code official shall be
When the hazard to the public health and welfare is vacated as ordered by the code official. Any person who shall
so imminent as to mandate immediate disconnection, occupy a placarded premises or shall operate placarded
the code official has the authority and even the obli- equipment, and any owner or any person responsible for the
gation to cause disconnection without notice. premises who shall let anyone occupy a placarded premises
or operate placarded equipment shall be liable for the penal-
[A] 108.3 Notice. Whenever the code official has condemned
ties provided by this code.
a structure or equipment under the provisions of this section,
notice shall be posted in a conspicuous place in or about the  It is important that any unsafe structure be vacated to
structure affected by such notice and served on the owner or help prevent possible injury to or death of its occu-
the person or persons responsible for the structure or equip- pants. The code official has the authority to require a
ment in accordance with Section 107.3. If the notice pertains condemned building to be vacated. Anyone who con-
to equipment, it shall also be placed on the condemned equip- tinues to occupy a placarded building or equipment
ment. The notice shall be in the form prescribed in Section and any owner who permits another to occupy a plac-
107.2. arded building or equipment are subject to the penal-
ties provided by the code.
 The condemnation notice is required to be posted at
the structure, and the owner or responsible person in [A] 108.6 Abatement methods. The owner, operator or
charge is to be served notice in accordance with the occupant of a building, premises or equipment deemed
procedure in Section 107.3, in the form prescribed in unsafe by the code official shall abate or cause to be abated or
Section 107.2. If the notice also includes condemned corrected such unsafe conditions either by repair, rehabilita-
equipment, the notice must also be placed on that tion, demolition or other approved corrective action.
equipment.  This section describes the usual circumstance in
[A] 108.4 Placarding. Upon failure of the owner or person which a building has such critical violations that it is
responsible to comply with the notice provisions within the declared unsafe by the code official. The owner,
time given, the code official shall post on the premises or on operator or occupant should take abatement mea-

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 SCOPE AND ADMINISTRATION

sures to correct the unsafe condition. If this is not section has to be viewed critically insofar as the dan-
done promptly, the code official has the authority to ger of structural failure must be “imminent”; that is,
directly abate the unsafe conditions and bill the owner readily apparent and immediate.
for the abatement work in accordance with the code. [A] 109.3 Closing streets. When necessary for public safety,
[A] 108.7 Record. The code official shall cause a report to be the code official shall temporarily close structures and close,
filed on an unsafe condition. The report shall state the occu- or order the authority having jurisdiction to close, sidewalks,
pancy of the structure and the nature of the unsafe condition. streets, public ways and places adjacent to unsafe structures,
and prohibit the same from being utilized.
 The code official must file a report on each investiga-
tion of unsafe conditions, stating the occupancy of the  The code official is authorized to temporarily close
structure and the nature of the unsafe condition. sidewalks, streets and adjacent structures as needed
to provide for the public safety from the unsafe build-
ing or structure when an imminent danger exists.
SECTION 109 Since the code official may not have the direct
EMERGENCY MEASURES authority to close sidewalks, streets and other public
[A] 109.1 Imminent danger. When, in the opinion of the ways, the agency having such jurisdiction (e.g., the
code official, there is imminent danger of failure or collapse police or highway department) must be notified.
of a building or structure which endangers life, or when any [A] 109.4 Emergency repairs. For the purposes of this sec-
structure or part of a structure has fallen and life is endan- tion, the code official shall employ the necessary labor and
gered by the occupation of the structure, or when there is materials to perform the required work as expeditiously as
actual or potential danger to the building occupants or those possible.
in the proximity of any structure because of explosives,  The cost of emergency work may have to be initially
explosive fumes or vapors or the presence of toxic fumes, paid for by the jurisdiction. The important principle
gases or materials, or operation of defective or dangerous here is that the code official must act immediately to
equipment, the code official is hereby authorized and empow- protect the public when warranted, leaving the details
ered to order and require the occupants to vacate the premises of costs and owner notification for later.
forthwith. The code official shall cause to be posted at each
entrance to such structure a notice reading as follows: “This [A] 109.5 Costs of emergency repairs. Costs incurred in the
Structure Is Unsafe and Its Occupancy Has Been Prohibited performance of emergency work shall be paid by the jurisdic-
by the Code Official.” It shall be unlawful for any person to tion. The legal counsel of the jurisdiction shall institute
enter such structure except for the purpose of securing the appropriate action against the owner of the premises where
structure, making the required repairs, removing the hazard- the unsafe structure is or was located for the recovery of such
ous condition or of demolishing the same. costs.
 If the code official has determined that failure or col-  The cost of emergency repairs is to be paid by the
lapse of a building or structure is imminent, failure jurisdiction, with subsequent legal action against the
has occurred that results in a continued threat to the owner to recover such costs. This does not preclude,
remaining structure or adjacent properties or if any however, reaching an alternative agreement with the
other unsafe condition as described in this section owner.
exists in a structure, he or she is authorized to require [A] 109.6 Hearing. Any person ordered to take emergency
the occupants to vacate the premises and to post measures shall comply with such order forthwith. Any
such buildings or structures as unsafe and not occu- affected person shall thereafter, upon petition directed to the
piable. Unless authorized by the code official to make appeals board, be afforded a hearing as described in this code.
repairs, secure or demolish the structure, it is illegal
for anyone to enter the building or structure. This will  Anyone ordered to take an emergency measure or to
minimize the potential for injury. vacate a structure because of an emergency condi-
tion must do so immediately.
[A] 109.2 Temporary safeguards. Notwithstanding other Thereafter, any affected party has the right to
provisions of this code, whenever, in the opinion of the code appeal the action to the appeals board to determine
official, there is imminent danger due to an unsafe condition, whether the order should be continued, modified or
the code official shall order the necessary work to be done, revoked.
including the boarding up of openings, to render such struc- It is imperative that appeals to an emergency order
ture temporarily safe whether or not the legal procedure occur after the hazard has been abated, rather than
herein described has been instituted; and shall cause such before, to minimize the risk to the occupants, employ-
other action to be taken as the code official deems necessary ees, clients and the public.
to meet such emergency.
 This section recognizes the need for immediate and
effective action in order to protect the public. This SECTION 110
section empowers the code official to cause the nec- DEMOLITION
essary work to be done to temporarily minimize the [A] 110.1 General. The code official shall order the owner of
imminent danger without regard for due process. This any premises upon which is located any structure, which in

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SCOPE AND ADMINISTRATION

the code official’s judgment after review is so deteriorated or amounts deducted, for the person who is entitled thereto, sub-
dilapidated or has become so out of repair as to be dangerous, ject to any order of a court. If such a surplus does not remain
unsafe, insanitary or otherwise unfit for human habitation or to be turned over, the report shall so state.
occupancy, and such that it is unreasonable to repair the
 The governing body may sell any valuables or sal-
structure, to demolish and remove such structure; or if such
vageable materials for the highest price obtainable.
structure is capable of being made safe by repairs, to repair
The costs of demolition are then to be deducted from
and make safe and sanitary, or to board up and hold for future
any proceeds from the sale of salvage. If a surplus of
repair or to demolish and remove at the owner’s option; or
funds remains, it is to be remitted to the owner with
where there has been a cessation of normal construction of
an itemized expense and income account; however,
any structure for a period of more than two years, the code
if no surplus remains, this must also be reported.
official shall order the owner to demolish and remove such
structure, or board up until future repair. Boarding the build-
ing up for future repair shall not extend beyond one year,
SECTION 111
unless approved by the building official.
MEANS OF APPEAL
 This section describes the conditions where the code [A] 111.1 Application for appeal. Any person directly
official has the authority to order the owner to remove affected by a decision of the code official or a notice or order
the structure. Conditions where the code official may issued under this code shall have the right to appeal to the
give the owner the option of repairing the structure or board of appeals, provided that a written application for
boarding the structure for future repair are also in this appeal is filed within 20 days after the day the decision,
section. The code official should carefully document notice or order was served. An application for appeal shall be
the condition of the structure prior to issuing a demoli- based on a claim that the true intent of this code or the rules
tion order to provide an adequate basis for ordering legally adopted thereunder have been incorrectly interpreted,
the owner to remove the structure. Note that Appen- the provisions of this code do not fully apply, or the require-
dix A contains boarding provisions, but needs to be ments of this code are adequately satisfied by other means.
specifically referenced in the adopting ordinance of
the jurisdiction to be mandatory.  This section allows a person with a material or defini-
[A] 110.2 Notices and orders. All notices and orders shall tive interest in the decision of the code official to
comply with Section 107. appeal that decision. The aggrieved party may not
appeal a code requirement. The intent of the appeal
 Before the code official can pursue action to demolish process is not to waive or set aside a code require-
a building in accordance with Section 110.1 or 110.3, ment; it is to provide a means of reviewing a code
it is imperative that all owners and any other persons official’s decision on an interpretation or application of
with a recorded encumbrance on the property be the code or reviewing the code official’s decision to
given proper notice of the demolition plans (see Sec- approve or reject the equivalency of protection to the
tion 107 for notice and order requirements). code requirement.
[A] 110.3 Failure to comply. If the owner of a premises fails [A] 111.2 Membership of board. The board of appeals shall
to comply with a demolition order within the time prescribed, consist of a minimum of three members who are qualified by
the code official shall cause the structure to be demolished experience and training to pass on matters pertaining to prop-
and removed, either through an available public agency or by erty maintenance and who are not employees of the jurisdic-
contract or arrangement with private persons, and the cost of tion. The code official shall be an ex-officio member but shall
such demolition and removal shall be charged against the real have no vote on any matter before the board. The board shall
estate upon which the structure is located and shall be a lien be appointed by the chief appointing authority, and shall
upon such real estate. serve staggered and overlapping terms.
 When the owner fails to comply with a demolition  The concept of the board is to provide an objective
order, the code official is authorized to take action to group of persons who review the matters brought to
have the building razed and removed. The costs are them and make a collective decision. The members
to be charged as a lien against the real estate. To of the board are not to be employees of the jurisdic-
reduce complaints regarding the validity of demolition tion and are to have sufficient knowledge and experi-
costs, the code official will obtain competitive bids ence to act on the concerns that are heard. A
from several demolition contractors before authoriz- minimum of three board members is specified for a
ing any contractor to raze the structure. fair and impartial hearing process. Staggered terms
[A] 110.4 Salvage materials. When any structure has been are appropriate for uniform changeover such that a
ordered demolished and removed, the governing body or minimum number of board members is new each
other designated officer under said contract or arrangement year. The number of members is to be determined by
aforesaid shall have the right to sell the salvage and valuable the chief appointing authority.
materials at the highest price obtainable. The net proceeds of [A] 111.2.1 Alternate members. The chief appointing
such sale, after deducting the expenses of such demolition authority shall appoint a minimum of two alternate members
and removal, shall be promptly remitted with a report of such who shall be called by the board chairman to hear appeals
sale or transaction, including the items of expense and the during the absence or disqualification of a member. Alternate

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members shall possess the qualifications required for board [A] 111.4.1 Procedure. The board shall adopt and make
membership. available to the public through the secretary procedures under
which a hearing will be conducted. The procedures shall not
 This section authorizes the chief appointing authority require compliance with strict rules of evidence, but shall
to appoint two alternate members who are to be mandate that only relevant information be received.
available if the principal members of the board are
absent or disqualified. Alternate members must pos-  The board is required to establish and make available
sess the same qualifications as the principal mem- to the public written procedures detailing how hear-
bers. ings are to be conducted. Additionally, this section
provides that, although strict rules of evidence are not
[A] 111.2.2 Chairman. The board shall annually select one
applicable, the information presented must be
of its members to serve as chairman.
deemed relevant.
 It is customary to determine chairmanship annually [A] 111.5 Postponed hearing. When the full board is not
so that a regular opportunity is available to evaluate present to hear an appeal, either the appellant or the appel-
and either reappoint the current chairman or appoint lant’s representative shall have the right to request a post-
a new one. ponement of the hearing.
[A] 111.2.3 Disqualification of member. A member shall  When all members of the board are not present,
not hear an appeal in which that member has a personal, pro- either the appellant or the appellant’s representative
fessional or financial interest. may request a postponement of the hearing. This
 All members must disqualify themselves regarding request may be made even though a quorum is pres-
any appeal in which they have a personal, profes- ent.
sional or financial interest. [A] 111.6 Board decision. The board shall modify or reverse
[A] 111.2.4 Secretary. The chief administrative officer shall the decision of the code official only by a concurring vote of a
designate a qualified person to serve as secretary to the board. majority of the total number of appointed board members.
The secretary shall file a detailed record of all proceedings in  A concurring vote of a majority of the members pres-
the office of the chief administrative officer. ent is needed to modify or reverse the decision of the
code official.
 The chief administrative officer is to designate a qual-
ified clerk to serve as secretary to the board. The sec- [A] 111.6.1 Records and copies. The decision of the board
retary is required to file a detailed record of all shall be recorded. Copies shall be furnished to the appellant
proceedings in the office of the chief administrative and to the code official.
officer.  A formal decision is required to provide an official
[A] 111.2.5 Compensation of members. Compensation of record. Copies are to be furnished to both the appel-
members shall be determined by law. lant and the code official. The code official is bound
by the action of the board of appeals, unless it is the
 Members of the board of appeals are not required to opinion of him or her that the board of appeals has
be compensated unless required by the local munici- acted improperly. In such cases, relief through the
pality or jurisdiction. court having jurisdiction may be sought by corporate
[A] 111.3 Notice of meeting. The board shall meet upon counsel.
notice from the chairman, within 20 days of the filing of an [A] 111.6.2 Administration. The code official shall take
appeal, or at stated periodic meetings. immediate action in accordance with the decision of the
 The board must meet within 20 days of the filing of an board.
appeal or at regularly scheduled meetings. This pro-  To avoid any undue hindrance in the progress of con-
vides adequate time to coordinate the board mem- struction, the code official is required to act without
bers’ schedules, and also requires that the board delay based on the board’s decision. This action may
consider the appeal in a timely manner. be to enforce the decision or to seek judicial relief if
[A] 111.4 Open hearing. All hearings before the board shall the board’s action can be demonstrated to be inap-
be open to the public. The appellant, the appellant’s represen- propriate.
tative, the code official and any person whose interests are [A] 111.7 Court review. Any person, whether or not a previ-
affected shall be given an opportunity to be heard. A quorum ous party of the appeal, shall have the right to apply to the
shall consist of a minumum of two-thirds of the board mem- appropriate court for a writ of certiorari to correct errors of
bership. law. Application for review shall be made in the manner and
time required by law following the filing of the decision in
 All hearings before the board must be open to the
the office of the chief administrative officer.
public. The appellant, the appellant’s representative,
the code official and any person whose interests are  This section allows any person to request a review by
affected must be heard. the court of jurisdiction with regard to perceived
The quorum of two-thirds of the board is to be pres- errors of law. Application for such review must be
ent for the board to take any official action. made after the decision of the board is filed with the

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SCOPE AND ADMINISTRATION

chief administrative officer. This helps all those con- [A] 112.4 Failure to comply. Any person who shall continue
cerned to observe due process. any work after having been served with a stop work order,
[A] 111.8 Stays of enforcement. Appeals of notice and except such work as that person is directed to perform to
orders (other than Imminent Danger notices) shall stay the remove a violation or unsafe condition, shall be liable to a
enforcement of the notice and order until the appeal is heard fine of not less than [AMOUNT] dollars or more than [AMOUNT]
by the appeals board. dollars.

 The purpose of this section is to specify that if an  The local jurisdiction is to designate the fine that is to
appeal is made, the jurisdiction is not to enforce its apply to any person who continues work that is at
notice or order until such appeal has been heard by issue, other than abatement work. The dollar
the board of appeals. This does not apply, of course, amounts for the minimum and maximum fines are to
to imminent danger notices. be specified in the adopting ordinance. See the sam-
ple ordinance for the adoption of the code on pages xi
and xii in the front of the code for details.
SECTION 112
STOP WORK ORDER
Bibliography
[A] 112.1 Authority. Whenever the code official finds any
work regulated by this code being performed in a manner The following resource materials were used in the prep-
contrary to the provisions of this code or in a dangerous or aration of the commentary for this chapter of the code:
unsafe manner, the code official is authorized to issue a stop
work order. IBC-2012, International Building Code. Washington,
 This section provides for the suspension of work for D.C.: International Code Council, 2011.
which a permit was issued, pending the removal or
correction of a severe violation or unsafe condition IECC-2012, International Energy Conservation Code.
identified by the code official. Washington, D.C.: International Code Council, 2011.
Normally, correction notices are used to inform the
permit holder of code violations. Stop work orders are IFC-2012, International Fire Code. Washington, D.C.:
issued when enforcement can be accomplished no International Code Council, 2011.
other way or when a dangerous condition exists.
IFGC-2012, International Fuel Gas Code. Washington,
[A] 112.2 Issuance. A stop work order shall be in writing and
D.C.: International Code Council, 2011.
shall be given to the owner of the property, to the owner’s
agent, or to the person doing the work. Upon issuance of a
IMC-2012, International Mechanical Code. Washington,
stop work order, the cited work shall immediately cease. The
D.C.: International Code Council, 2011.
stop work order shall state the reason for the order and the
conditions under which the cited work is authorized to
IPC-2012, International Plumbing Code. Washington,
resume.
D.C.: International Code Council, 2011.
 Upon receipt of a violation notice from the code offi-
cial, all construction activities identified in the notice IRC-2012, International Residential Code. Washington,
must immediately cease, except as expressly permit- D.C.: International Code Council, 2011.
ted to correct the violation.
[A] 112.3 Emergencies. Where an emergency exists, the IZC-2012, International Zoning Code. Washington,
code official shall not be required to give a written notice D.C.: International Code Council, 2011.
prior to stopping the work.
“Legacy Building Valuation Data.” Building Safety Jour-
 This section gives the code official the authority to nal. Washington, DC: International Code Council.
stop the work in dispute immediately when, in his or
her opinion, there is an unsafe emergency condition Legal Aspects of Code Administration. Washington,
that has been created by the work. The need for the DC: International Code Council, 2003.
written notice is suspended for this situation so that
the work can be stopped immediately. After the work Rhyne, Charles S. Survey of the Law and Building
is stopped, immediate measures should be taken to Codes. The American Institute of Architects and the
correct the work at issue. National Association of Home Builders.

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 Chapter 2:
Definitions
General Comments Purpose
The words or terms defined in this chapter are deemed Codes, by their very nature, are technical documents.
to be of prime importance in either specifying the sub- As such, literally every word, term and punctuation mark
ject matter of code provisions or in giving meaning to can add to or change the meaning of the intended
certain terms used throughout the code for administra- result. This is even more so with a performance code
tive or enforcement purposes. where the desired result often takes on more impor-
Section 201 addresses the practical concerns tance than the specific words.
encountered when interpreting the code in relation to Furthermore, the code, with its broad scope of appli-
the 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
that are required for the effective application of code the code. Chapter 2 performs this function by stating
requirements. clearly what specific terms mean for the purpose of the
code.

SECTION 201 International Fuel Gas Code® (IFGC®), International

GENERAL Plumbing Code® (IPC®), International Mechanical
201.1 Scope. Unless otherwise expressly stated, the follow- Code® (IMC®) and the International Zoning Code®
ing terms shall, for the purposes of this code, have the mean- (IZC®). These codes contain additional definitions
ings shown in this chapter. (some parallel and duplicative) that may be used in
the enforcement of either the code or other codes by
 In the application of the code, the terms used have reference.
the meanings given in this chapter.
201.4 Terms not defined. Where terms are not defined
201.2 Interchangeability. Words stated in the present tense through the methods authorized by this section, such terms
include the future; words stated in the masculine gender shall have ordinarily accepted meanings such as the context
include the feminine and neuter; the singular number includes implies.
the plural and the plural, the singular.
 Another resource for defining words or terms not
 While the definitions contained in this chapter are to defined herein or in other codes is their “ordinarily
be taken literally, gender and tense are to be consid- accepted meanings.” The intent of this statement is
ered interchangeable. This is so that any grammatical that a dictionary definition may suffice, provided that
inconsistencies within the code text will not hinder the the definition is in context.
understanding or enforcement of the requirements. Oftentimes, construction terms used throughout
201.3 Terms defined in other codes. Where terms are not the code may not be defined in this chapter or in a
defined in this code and are defined in the International dictionary. In such case, one would first turn to the
Building Code, International Existing Building Code, Inter- definitions contained in the referenced standards
national Fire Code, International Fuel Gas Code, Interna- (see Chapter 8) and then to published textbooks on
tional Mechanical Code, International Plumbing Code, the subject in question.
International Residential Code, International Zoning Code or 201.5 Parts. Whenever the words “dwelling unit,” “dwell-
NFPA 70, such terms shall have the meanings ascribed to ing,” “premises,” “building,” “rooming house,” “rooming
them as stated in those codes. unit,” “housekeeping unit” or “story” are stated in this code,
 When a word or term appears in the code and that they shall be construed as though they were followed by the
word or term is not defined in this chapter, other refer- words “or any part thereof.”
ences may be used to find its definition, such as the  Each and every portion of a structure, whether the
International Building Code® (IBC®), International Fire structure is used for only one type of occupancy or
Code® (IFC®), International Existing Building Code® several, must comply with the appropriate regulations
(IEBC®), International Residential Code® (IRC®), established by the code. It is understood that every

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DEFINITIONS

portion or any part of a structure is to comply with the  A bedroom, also referred to as a “sleeping room,” is
code. Instead of being wordy, “or any part thereof” is an area or room used for sleeping purposes. A bed-
considered to be included after “dwelling,” “building,” room typically contains a bed and a piece of furniture
housekeeping unit,” “rooming unit,” etc. to store clothing or a closet, although these are not
required. Bedrooms may also be temporarily used for
other purposes when containing fold-up or dual-pur-
SECTION 202 pose furniture, such as daybeds or sleeper sofas. In
GENERAL DEFINITIONS any case, bedrooms must have sufficient floor space
per person in order to be used as such in addition to
ANCHORED. Secured in a manner that provides positive
meeting all the requirements of Section 404.4. The
connection.
location and number of beds can be used to establish
 This definition describes the term “anchored” for use where people are sleeping and how many persons
in determining unsafe conditions related to exterior are occupying a dwelling at a given time.
walls, flooring and flooring components, wall veneer [A] CODE OFFICIAL. The official who is charged with the
and trim, overhangs and projections, stairs, porches administration and enforcement of this code, or any duly
and decks and foundation systems. Where it is authorized representative.
apparent that a positive connection at these elements
does not exist, the code official can cite the condition  The statutory power to enforce the code is normally
as unsafe and require repair as needed (see Sections vested in a building department (or the like) of a state,
304.1.1 and 305.1.1). county or municipality whose designated enforce-
ment officer is termed the “code official” (see com-
[A] APPROVED. Approved by the code official. mentary, Section 104).
 As related to the process of acceptance of building CONDEMN. To adjudge unfit for occupancy.
installations, including materials, equipment and con-
struction systems, this definition identifies where ulti-  To condemn is to pronounce a structure as unfit for
mate authority rests. Whenever this term is used, it occupancy or use. A condemnation is the result of the
intends that only the enforcing authority can accept a most serious of code violations in that it represents a
specific installation or component as complying with condition, which in the opinion of the code official,
the code. poses a serious threat to the health and safety of the
public or another structure or property. A violation
BASEMENT. That portion of a building which is partly or that results in condemnation is typically followed by
completely below grade. citations requesting immediate action. Depending on
 This definition defines that portion of a building that is the severity of the situation, these actions may
partly or completely below grade as being a base- include vacating the premises, securing the structure
ment. In this case, “grade” refers to the finished or premises and, in some cases, demolition of the
ground level adjacent to the exterior walls at all points structure. When condemnation is used, care must be
around the building perimeter. taken to follow all of the provisions outlined in Sec-
tions 107 through 110 (see commentary, Section
BATHROOM. A room containing plumbing fixtures includ- 108).
ing a bathtub or shower.
DETACHED. When a structural element is physically dis-
 A bathroom is literally a room containing plumbing fix- connected from another and that connection is necessary to
tures, which is used for personal hygiene. provide a positive connection.
To be considered a bathroom, such a room need
 This definition describes the term “detached” for use
only contain one or more bathtubs or showers. Tradi-
in determining unsafe conditions related to structural
tionally, bathrooms are designed to afford privacy to
materials that may be beyond their limit state. Limit
an individual; however, such rooms may be designed
state is a condition beyond which a structure or mem-
to accommodate multiple users or bathers.
ber becomes unfit for service and is no longer useful
In everyday usage, the term is used interchange-
for its intended function. Where it is apparent that a
ably with toilet room (see the definition of “Toilet
material is beyond its limit state due to detachment,
room”) and, in this context, people expect a bathroom
the code official can cite the condition as unsafe and
to also contain plumbing fixtures used for the elimina-
require repair as needed (see Section 306.1.1).
tion of bodily wastes (water closets and urinals), and
fixtures used for bodily cleansing, such as lavatories DETERIORATION. To weaken, disintegrate, corrode, rust
(sinks). or decay and lose effectiveness.
The typical bathroom in residential occupancies  This definition describes the term “deterioration” for
contains a water closet, a lavatory, a shower, a bath- use in determining unsafe conditions related to struc-
tub or both a shower and a bathtub. A residential tural materials that may be beyond their limit state.
bathroom may also contain a bidet. Limit state is a condition beyond which a structure or
BEDROOM. Any room or space used or intended to be used member becomes unfit for service and is not longer
for sleeping purposes in either a dwelling or sleeping unit. useful for its intended function. Where it is apparent

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 DEFINITIONS

that a material is beyond its limit state as a result of EXTERIOR PROPERTY. The open space on the premises
deterioration, the code official can cite the condition and on adjoining property under the control of owners or
as unsafe and require repair as needed (see Section operators of such premises.
306.1.1).
 Exterior property generally consists of the open
[B] DWELLING UNIT. A single unit providing complete, space or area outside a building or an accessory
independent living facilities for one or more persons, includ- structure on the same premises or property. It is often
ing permanent provisions for living, sleeping, eating, cooking referred to as “the yard area,” but can also include
and sanitation. driveways, parking areas, portions of the public right-
 A dwelling unit contains elements necessary for inde- of-way, vacant lots or adjoining property under the
pendent living, including provisions for living space control of the same owner.
(family rooms, dining rooms, living rooms, dens, etc.); GARBAGE. The animal or vegetable waste resulting from
sleeping quarters; food preparation and eating the handling, preparation, cooking and consumption of food.
spaces and personal hygiene, cleanliness and sanita-  Garbage is discarded food waste and differs from
tion facilities. Section 404 establishes the minimum rubbish (see the definition of “Rubbish”) in that it pro-
room sizes. The minimum required levels of light and vides a food source for rodents and other animals
ventilation are included in Sections 402 and 403, and insects. Garbage that is not properly handled and
respectively. disposed of regularly can cause insanitary conditions
A dwelling unit is typically occupied in one of two and infestations of many types that could be the
ways: either through renting or ownership. The code cause of illness in people and pets. Durable garbage
requirements are applied consistently to all dwellings, containers with tight-fitting lids offer the best protec-
regardless of the type of ownership. Both owner- tion against these conditions.
occupied and rented or leased dwellings must comply
with the requirements of the code. [B] GUARD. A building component or a system of building
A dwelling unit can exist singularly as a one-family components located at or near the open sides of elevated
dwelling, or in combination with other dwelling units. walking surfaces that minimizes the possibility of a fall from
When two dwelling units are grouped together in the the walking surface to a lower level.
same structure, the structure is considered a two-  This is a term common to the IBC and IRC. Guards
family dwelling. Apartment houses contain three or are sometimes mistakenly referred to as "guardrails."
more dwelling units. In actuality, the guard consists of the entire vertical
[Z] EASEMENT. That portion of land or property reserved portion of the barrier, not just the top rail. The pur-
for present or future use by a person or agency other than the pose of guards is to minimize the potential for falls at
legal fee owner(s) of the property. The easement shall be per- dropoffs adjacent to walking surfaces.
mitted to be for use under, on or above a said lot or lots. [B] HABITABLE SPACE. Space in a structure for living,
 Easements are important mechanisms that allow the sleeping, eating or cooking. Bathrooms, toilet rooms, closets,
local municipality workers access to buried utilities, halls, storage or utility spaces, and similar areas are not con-
such as telephone and electric. Easements also allow sidered habitable spaces.
access to property that would have otherwise been  Habitable spaces are those spaces that are normally
rendered landlocked or inaccessible. It is important to considered “inhabited” in the course of residential liv-
note and restrict permanent improvements that limit ing and accommodate the four basic activities of liv-
required access across these easements. For exam- ing, sleeping, eating and cooking. Other spaces, such
ple, a fence without a gate erected by a neighboring as halls or utility rooms, are not considered habitable,
property owner that would deny entrance to an elec- but would, in many instances, be considered occupi-
trical transformer. able spaces.
EQUIPMENT SUPPORT. Those structural members or HOUSEKEEPING UNIT. A room or group of rooms form-
assemblies of members or manufactured elements, including ing a single habitable space equipped and intended to be used
braces, frames, lugs, snuggers, hangers or saddles, that trans- for living, sleeping, cooking and eating which does not con-
mit gravity load, lateral load and operating load between the tain, within such a unit, a toilet, lavatory and bathtub or
equipment and the structure. shower.
 This definition describes the term “equipment sup-  Housekeeping units differ from a traditional dwelling
port” for use in determining unsafe conditions related unit, as defined in the IRC, in that the sanitary facili-
to structural materials that may be beyond their limit ties are not contained within the unit.
state that support equipment. Limit state is a condi-
IMMINENT DANGER. A condition which could cause
tion beyond which a structure or member becomes
serious or life-threatening injury or death at any time.
unfit for service and is no longer useful for its
intended function. Where it is apparent that a material  As used in the code, imminent danger refers to a con-
is beyond its limit state that provides equipment sup- dition that poses a threat or danger to the building
port, the code official can cite the condition as unsafe occupants or persons in the proximity of a building or
and require repair as needed (see Section 306.1). premises. Section 109 empowers the code official to

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DEFINITIONS

vacate an occupied premises, order the closing of applicable tests and standards; the testing agency
streets or take other emergency measures to safe- and the labeling agency.
guard the public until the condition is no longer threat- LET FOR OCCUPANCY or LET. To permit, provide or
ening. offer possession or occupancy of a dwelling, dwelling unit,
INFESTATION. The presence, within or contiguous to, a rooming unit, building, premise or structure by a person who
structure or premises of insects, rats, vermin or other pests. is or is not the legal owner of record thereof, pursuant to a
written or unwritten lease, agreement or license, or pursuant
 This definition is needed for the application of Sec- to a recorded or unrecorded agreement of contract for the sale
tions 302.5 and 309.1. An infestation is the actual of land.
presence of live insects, rats, vermin or other pests. If
the actual presence of pests cannot be readily con-  This definition refers to a legal term meaning to lease
firmed, the presence of fresh droppings, larvae, eggs, or convey real estate or property to someone other
rodent holes or other such evidence can identify a than the owners.
current infestation. NEGLECT. The lack of proper maintenance for a building
INOPERABLE MOTOR VEHICLE. A vehicle which can- or structure.
not be driven upon the public streets for reason including but  This definition describes the term “neglect” for use in
not limited to being unlicensed, wrecked, abandoned, in a determining if a structure or premises is dangerous in
state of disrepair, or incapable of being moved under its own accordance with Section 108.1.5. Where it is appar-
power. ent that a structure or premises is dangerous due to
 Motor vehicles that are in some stage of disrepair or neglect, the code official can cite the condition as
disassembly are often the source of property mainte- unsafe and require repair as needed.
nance complaints. This definition clearly identifies [A] OCCUPANCY. The purpose for which a building or
that vehicles that are unlicensed, wrecked, aban- portion thereof is utilized or occupied.
doned, in a state of disrepair or incapable of moving
under their own power are inoperable.  The occupancy classification of a building is an indi-
cation of the level of hazard to which the occupants
[A] LABELED. Equipment, materials or products to which are exposed as a function of the actual building use.
have been affixed a label, seal, symbol or other identifying Occupancy in terms of an occupancy group classifi-
mark of a nationally recognized testing laboratory, inspection cation is one of the primary considerations in the
agency or other organization concerned with product evalua- development and application of many code require-
tion that maintains periodic inspection of the production of ments that are designed to offset the specific hazards
the above-labeled items and whose labeling indicates either inherent to each occupancy group designation. In
that the equipment, material or product meets identified stan- enforcing the code, the approved occupancy of the
dards or has been tested and found suitable for a specified building is generally an established fact.
purpose.
OCCUPANT. Any individual living or sleeping in a build-
 When a product is labeled, the label indicates, first, ing, or having possession of a space within a building.
that the material has been tested for conformance to  By definition, a person need not have possession or
an applicable standard or has been determined suit- control of a space in order to be an occupant.
able for a specified purpose, and second, that the
component is subject to third-party inspection to ver- OPENABLE AREA. That part of a window, skylight or
ify that the minimum level of quality required by the door which is available for unobstructed ventilation and
appropriate standard is maintained. Labeling pro- which opens directly to the outdoors.
vides a readily available source of information that is  The openable area is the actual area of a window or
useful for field inspection of installed products. The door (glazed or unglazed) through which outside air
label identifies the product or material and provides will flow into a structure. The openable area should
other information that can be further investigated if be measured when the window or door is in its full,
there is any question as to its suitability for the spe- open position. When determining openable area, only
cific installation. The labeling agency performing the the space between stops or between stops and
third-party inspection must be approved by the code sashes is to be measured. The area of sashes, meet-
official and the basis for approval may include, but is ing rails, mullions and muntins is to be deducted (see
not necessarily limited to, the capacity and capability Figure 403.1).
of the agency to perform the specific testing and
OPERATOR. Any person who has charge, care or control of
inspection.
a structure or premises which is let or offered for occupancy.
While the code does not specifically state what
information must be contained on the label, the appli-  This definition is needed to distinguish the unique
cable referenced standard often states the minimum meaning of this term, as it is intended to be used in
identifying information required. The data contained the code, from the ordinarily accepted meaning of the
on a label typically includes, but is not necessarily term “operator.” An operator may not be the owner,
limited to, the name of the manufacturer; product but may represent the owner in the care or control of
name or serial number; installation specifications; a structure.

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 DEFINITIONS

[A] OWNER. Any person, agent, operator, firm or corpora- ROOMING UNIT. Any room or group of rooms forming a
tion having a legal or equitable interest in the property; or single habitable unit occupied or intended to be occupied for
recorded in the official records of the state, county or munici- sleeping or living, but not for cooking purposes.
pality as holding title to the property; or otherwise having
 Rooming units differ from dwelling units since no
control of the property, including the guardian of the estate of
cooking facilities are located in any rooming unit.
any such person, and the executor or administrator of the
Rooming units contain only sleeping and living facili-
estate of such person if ordered to take possession of real
ties.
property by a court.
RUBBISH. Combustible and noncombustible waste materi-
 This term defines the person or other legal entity who als, except garbage; the term shall include the residue from
is responsible for a building and its compliance with the burning of wood, coal, coke and other combustible mate-
the code requirements. rials, paper, rags, cartons, boxes, wood, excelsior, rubber,
PERSON. An individual, corporation, partnership or any leather, tree branches, yard trimmings, tin cans, metals, min-
other group acting as a unit. eral matter, glass, crockery and dust and other similar materi-
als.
 A person can be an individual or group of individuals
who have formed one of several types of business  The term is usually considered to be a synonym for
organizations. Corporations, partnerships and other similar terms such as “refuse” or “trash” and generally
types of business entities are treated as “persons” encompasses the broad range of worthless, dis-
under the law. They are just as responsible as any carded materials other than garbage. The term “gar-
individual for complying with the code and subject to bage” is typically limited to describing wastes
the penalties established under local or state law (see generated by food preparation operations.
Section 106.4). [B] SLEEPING UNIT. A room or space in which people
PEST ELIMINATION. The control and elimination of sleep, which can also include permanent provisions for liv-
insects, rodents or other pests by eliminating their harborage ing, eating and either sanitation or kitchen facilities, but not
places; by removing or making inaccessible materials that both. Such rooms and spaces that are also part of a dwelling
serve as their food or water; by other approved pest elimina- unit are not sleeping units.
tion methods.  This definition is included to coordinate the Fair
Housing Act Guidelines with the code. The definition
 This definition is needed since Section 309 requires
for “Sleeping unit” is needed to clarify the differences
that approved pest elimination methods that are not
between sleeping units and dwelling units. Some
harmful to people be used to eliminate infestations.
examples would be a hotel guestroom, a dormitory, a
[A] PREMISES. A lot, plot or parcel of land, easement or boarding house, etc. Another example would be an
public way, including any structures thereon. addition to a studio apartment with a kitchenette (i.e.,
microwave, sink, refrigerator). Since the cooking
 When this term is used in the code, it is intended that arrangements are not permanent, this configuration
the entire lot and all of the structures thereon be would be considered a sleeping unit, not a dwelling
included within the scope of that code requirement. unit. As already defined in the code, a dwelling unit
[A] PUBLIC WAY. Any street, alley or similar parcel of must contain permanent facilities for living, sleeping,
land essentially unobstructed from the ground to the sky, eating, cooking and sanitation.
which is deeded, dedicated or otherwise permanently appro- STRICT LIABILITY OFFENSE. An offense in which the
priated to the public for public use. prosecution in a legal proceeding is not required to prove
 This term describes the ground upon which the public criminal intent as a part of its case. It is enough to prove that
will be allowed passage. the defendant either did an act which was prohibited, or failed
to do an act which the defendant was legally required to do.
ROOMING HOUSE. A building arranged or occupied for
lodging, with or without meals, for compensation and not  This term, along with its usage in Section 106.3,
occupied as a one- or two-family dwelling. brings the code in line with current legal terminology
in regards to the prosecution of violations. With this
 A rooming house provides shelter and sleeping term, a prosecutor is not required to prove that code
arrangements for individuals. This differs from other violations were intended by a defendant or were even
living arrangements in that the occupant shares a due to negligence. It is difficult to prove such intention
dwelling unit rather than having his or her own com- or negligence in a court of law.
plete and private dwelling unit. Each person rents
[A] STRUCTURE. That which is built or constructed or a
individually from the owner and does not occupy the
portion thereof.
structure as part of a family. In most cases, the occu-
pant shares a bathroom and cooking facilities.  This definition is intentionally broad so as to include
Another term that could be used is “boarding house,” within its scope, and therefore the scope of the code
and it would be classified as an Occupancy Group R- (see Section 101.2), everything that is built as an
1 or R-2, depending upon the permanent or transient improvement to real property. The phrase “or a por-
nature of the occupants. tion thereof” is included so that those words do not

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DEFINITIONS

have to be inserted at each location in the code opening to exclude the elements. The use of proper
where a provision applies to only a portion of a struc- tools, methods and materials is usually necessary for
ture. workmanlike repairs.
TENANT. A person, corporation, partnership or group, [Z] YARD. An open space on the same lot with a structure.
whether or not the legal owner of record, occupying a build-  Yard is similar to “exterior property” but pertains only
ing or portion thereof as a unit. to the open area on a lot with a structure. A vacant lot
 This definition parallels that of the term “occupant” or property without a structure does not have a yard
and makes it clear that, as used in the code, an by this definition.
owner-occupant is considered a tenant.
TOILET ROOM. A room containing a water closet or urinal Bibliography
but not a bathtub or shower. The following resource materials were used in the prep-
aration of the commentary for this chapter of the code:
 In the context of the code, a toilet room is a room that
contains plumbing fixtures used for elimination of IBC-2012, International Building Code. Washington,
bodily wastes (water closets and urinals) and also D.C.: International Code Council, 2011.
includes fixtures used for handwashing (lavatories).
IEBC-2012, International Existing Building Code. Wash-
Toilet rooms are typically associated with public
ington, D.C.: International Code Council, 2011.
occupancies. Although sometimes used interchange-
ably with the term “bathroom” (see the definition of IFC-2012, International Fire Code. Washington, D.C.:
“Bathroom”), a toilet room contains only those plumb- International Code Council, 2011.
ing fixtures designed for waste elimination and hand- IFGC-2012, International Fuel Gas Code. Washington,
washing. A toilet room becomes a bathroom when it D.C.: International Code Council, 2011.
contains a bathtub or shower.
IMC-2012, International Mechanical Code. Washington,
ULTIMATE DEFORMATION. The deformation at which
D.C.: International Code Council, 2011.
failure occurs and which shall be deemed to occur if the sus-
tainable load reduces to 80 percent or less of the maximum IPC-2012, International Plumbing Code. Washington,
strength. D.C.: International Code Council, 2011.
 This definition describes the term “ultimate deforma- IRC-2012, International Residential Code. Washington,
tion” for use in determining unsafe conditions related D.C.: International Code Council, 2011.
to structural materials that may be beyond their limit IZC-2012, International Zoning Code. Washington,
state due to ultimate deformation. Limit state is a con- D.C.: International Code Council, 2011.
dition beyond which a structure or member becomes
unfit for service and is no longer useful for its
intended function. Where it is apparent that a material
is beyond its limit state due to ultimate deformation,
the code official can cite the condition as unsafe and
require repair as needed (see Section 306.1.1).
[M] VENTILATION. The natural or mechanical process of
supplying conditioned or unconditioned air to, or removing
such air from, any space.
 Ventilation is the process of moving air to or from
building spaces. This definition is used in this chapter
to establish minimum levels of air movement within a
building for the purposes of providing a healthful inte-
rior environment. Ventilation would include both natu-
ral (openable exterior windows and doors for wind
movement) and mechanical (forced air with mechani-
cal equipment) methods, when permitted by the
code.
WORKMANLIKE. Executed in a skilled manner; e.g., gen-
erally plumb, level, square, in line, undamaged and without
marring adjacent work.
 To be workmanlike, maintenance or repair work must
be performed in a manner consistent with work done
by a skilled craftsman. In general, floors should be
level, walls plumb and square and windows installed
so that they operate easily and fit within the rough

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 Chapter 3:
General Requirements
General Comments 1. If the jurisdiction has already established criteria,
the code official can continue to enforce that
The title for Chapter 3 (“General Requirements”) indi- criteria.
cates that it is broad in scope. It includes a variety of
requirements for the exterior property areas, as well as 2. The jurisdiction may adopt its own criteria and
the interior and exterior elements of the structure. Chap- incorporate them as an amendment to the
ter 3 provides specific criteria for regulating the installa- appropriate section of the code.
tion and maintenance of building components. This 3. The code official may adopt and enforce criteria
chapter also contains requirements regulating the already established by the International Building
safety, sanitation and appearance of the interior and Code® (IBC®).
exterior of structures and all exterior property areas.
Chapter 3 also provides the code official with guide-
Section 301 identifies the scope of Chapter 3 as con-
lines for determining who is responsible for maintaining
taining provisions for maintaining a structure and its
sanitary conditions and eliminating infestations of
exterior property areas, and establishes who is respon-
insects, rodents or other pests.
sible for complying with the chapter’s provisions. This
Inadequate sanitation and insect or rodent infesta-
section also provides minimum maintenance require-
tions can have a significant impact on a community. A
ments for vacant structures and land.
poorly kept neighborhood affects the self-image of a
Section 302 establishes criteria for maintaining exte-
community, as well as the impression neighboring com-
rior property areas and accessory structures and pro-
munities and visitors have about the area. Responsible
vides vehicle storage regulations.
property owners may shy away from neighborhoods
Section 303 contains the requirements for swimming
that look unkempt. As a result, property values
pools, spas and hot tubs and provides requirements for
decrease and the cycle can continue until the neighbor-
protective barriers and gates in these barriers.
hood is considered a slum.

100259035
Section 304 establishes maintenance requirements
An area that is neat, clean and well maintained
for the structural, weather resistance, sanitary and
attracts owners and occupants who are usually willing to
safety performance of the exterior of a structure.
keep the area attractive, if only to protect their own inter-
Section 305 establishes maintenance requirements
ests. The code official, with vigorous enforcement of
for the structural, sanitary and safety performance of the
sanitation and extermination regulations, can help a
interior of a structure.
community maintain a positive self-image. This creates
Section 306 contains provisions for maintaining com-
a favorable image to the rest of the community and its
ponents of a structure, as well as for determining unsafe
visitors.
conditions based on specific parameters.
Section 307 provides for the safety and maintenance
of handrails and guardrails. Purpose
Sections 308 and 309 establish the responsible par- Chapter 3 provides requirements that are intended to
ties for exterminating insects and rodents, and maintain- maintain a minimum level of safety and sanitation for
ing sanitary conditions in various types of occupancies. both the general public and the occupants of a struc-
When specific requirements are not provided in the ture, and to maintain a building’s structural and weather-
code, the following three options for establishing the resistant performance.
necessary criteria are available:

SECTION 301 structures; therefore, the criteria must be of a mini-

GENERAL mum nature, consistent with a reasonable level of
301.1 Scope. The provisions of this chapter shall govern the protection for the health and safety of the occupants.
minimum conditions and the responsibilities of persons for 301.2 Responsibility. The owner of the premises shall main-
maintenance of structures, equipment and exterior property. tain the structures and exterior property in compliance with
these requirements, except as otherwise provided for in this
 This chapter establishes minimum requirements for code. A person shall not occupy as owner-occupant or permit
maintenance of property areas, premises and struc- another person to occupy premises which are not in a sanitary
tures. The code deals with all types and all ages of and safe condition and which do not comply with the require-

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GENERAL REQUIREMENTS

ments of this chapter. Occupants of a dwelling unit, rooming the accumulation of stagnant water thereon, or within any
unit or housekeeping unit are responsible for keeping in a structure located thereon.
clean, sanitary and safe condition that part of the dwelling Exception: Approved retention areas and reservoirs.
unit, rooming unit, housekeeping unit or premises which they
occupy and control.  Improperly graded property areas create health and
safety hazards. Stagnant water provides a home for
 The owner is responsible for complying with the many nuisance insects, especially the mosquito.
requirements of Chapter 3, except when the code Stagnant water next to a structure can cause mold
places the responsibility on the occupants to keep growth, which can lead to the decay of wooden mem-
their portion of the premises in a safe and sanitary bers. Ponded water is an attractive nuisance for chil-
condition. dren and has contributed to numerous drowning
Simply stated, owners must provide a safe and deaths.
sanitary property and premises when they let it for Stagnant water is foul or stale water. Regrading the
occupancy. Occupants must continue to keep it safe premises may be necessary to prevent stagnant
and sanitary while they occupy, control or use the water. If regrading is not practical, some type of
property and premises. water-diversion system must be installed. Other solu-
301.3 Vacant structures and land. All vacant structures and tions include replacing nonabsorbent soil with absor-
premises thereof or vacant land shall be maintained in a bent soil, installing underground drain tile or building
clean, safe, secure and sanitary condition as provided herein an underground leaching pit.
so as not to cause a blighting problem or adversely affect the Soil erosion can be a nuisance if material is being
public health or safety. deposited in drainage systems or on adjacent proper-
ties, and is an indication of improper grading. Planting
 Both vacant structures and vacant land present spe- and maintaining an acceptable ground cover gener-
cial concerns to communities. Because no one is liv- ally prevents erosion.
ing on these premises, they are often ignored by the As indicated by the exception, water retention
owners. Consequently, this section establishes the areas or reservoirs are permitted by the code even
code official’s authority to order the cleanup of vacant though they may contain stagnant water; however,
lands and the securing of vacant structures that might the code official must approve their use.
present an attractive nuisance.
When the owner fails to secure a vacant structure, 302.3 Sidewalks and driveways. All sidewalks, walkways,
Section 108.2 provides the code official with the stairs, driveways, parking spaces and similar areas shall be
authority to arrange for securing such buildings. Addi- kept in a proper state of repair, and maintained free from haz-
tionally, Section 110 authorizes the code official to ardous conditions.
pursue demolition of any structure that is deemed  The code official is authorized to require that all side-
unreasonable to repair. When a structure is reason- walks, walkways, stairs, driveways, parking spaces,
able to repair, the code official is authorized to require etc., are usable and kept in proper repair. Walking
the necessary repairs. surfaces that have deteriorated to a condition that
presents a hazard to pedestrians must be repaired or
replaced to eliminate the hazard and thus reduce the
SECTION 302 potential for accidents or injuries.
EXTERIOR PROPERTY AREAS 302.4 Weeds. All premises and exterior property shall be
302.1 Sanitation. All exterior property and premises shall be maintained free from weeds or plant growth in excess of
maintained in a clean, safe and sanitary condition. The occu- [JURISDICTION TO INSERT HEIGHT IN INCHES]. All noxious
pant shall keep that part of the exterior property which such weeds shall be prohibited. Weeds shall be defined as all
occupant occupies or controls in a clean and sanitary condi- grasses, annual plants and vegetation, other than trees or
tion. shrubs provided; however, this term shall not include culti-
vated flowers and gardens.
 This section establishes a simple, straightforward
requirement that exterior areas shall be clean and Upon failure of the owner or agent having charge of a
free from rubbish and garbage (see the definitions in property to cut and destroy weeds after service of a notice of
Chapter 2). The code official may find that enforce- violation, they shall be subject to prosecution in accordance
ment of this section is frequently neither straightfor- with Section 106.3 and as prescribed by the authority having
ward nor simple. jurisdiction. Upon failure to comply with the notice of viola-
Each jurisdiction has neighborhoods within the tion, any duly authorized employee of the jurisdiction or con-
overall community that have distinct characteristics. tractor hired by the jurisdiction shall be authorized to enter
Deteriorated, low-cost housing may dominate in one upon the property in violation and cut and destroy the weeds
area, while another has expensive, well-maintained growing thereon, and the costs of such removal shall be paid
housing units. Sanitation standards should be by the owner or agent responsible for the property.
enforced uniformly and consistently.  Criteria establishing maximum heights for grass and
302.2 Grading and drainage. All premises shall be graded weeds are necessary to reduce rodent shelters and
and maintained to prevent the erosion of soil and to prevent pollen dust problems.

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 GENERAL REQUIREMENTS

This section provides a mechanism for removal of fences, retaining walls and similar structures a lower
weeds on neglected or abandoned properties after maintenance priority than the primary structure; thus,
proper notice has been given to the responsible these structures are frequently in disrepair. A thor-
owner or agent (see Sections 107 and 108.3). It is ough inspection of all property areas and accessory
important that the code official act quickly in requiring buildings is necessary to identify violations of the
weed removal to prevent the weeds from contributing code and to improve a neighborhood’s appearance.
to a blight condition that could eventually become a 302.8 Motor vehicles. Except as provided for in other regula-
harbor for pests and rodents. tions, no inoperative or unlicensed motor vehicle shall be
All noxious weeds are prohibited; however, each parked, kept or stored on any premises, and no vehicle shall
community has different weeds that are considered at any time be in a state of major disassembly, disrepair, or in
noxious. The code official should confer with the state the process of being stripped or dismantled. Painting of vehi-
or local agricultural agent to become familiar with cles is prohibited unless conducted inside an approved spray
weeds that are noxious in his or her community. 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 major overhaul, including body work, provided that such
growing plants.” Uncultivated gardens should be work is performed inside a structure or similarly enclosed
treated the same as weeds and tall grasses. area designed and approved for such purposes.
302.5 Rodent harborage. All structures and exterior prop-  Improper storage of inoperable vehicles can be a
erty shall be kept free from rodent harborage and infestation. serious problem for a community. The vehicles are
Where rodents are found, they shall be promptly extermi- unsightly, clutter the neighborhood, provide a harbor-
nated by approved processes which will not be injurious to age for rodents and are an attractive nuisance for
human health. After pest elimination, proper precautions children.
shall be taken to eliminate rodent harborage and prevent rein- This section establishes criteria for acceptable
festation. vehicle storage. No inoperable or unlicensed vehicles
 Rodents carry disease organisms in their feces and are permitted on a property unless approved in other
on their bodies. The code official must require the regulations adopted by the community. This regula-
extermination of all rodents by approved processes. tion addresses two problems associated with vehicle
All harborage areas should be eliminated by remov- storage and repair:
ing piles of rubbish, towing or repairing inoperable • The blighting influence that improperly stored
cars and cutting back weeds. Garbage should be inoperable vehicles have on a neighborhood;
stored in solid containers with tight-fitting lids and dis- and
posed of regularly.
• The neighborhood mechanic who attempts to
302.6 Exhaust vents. Pipes, ducts, conductors, fans or blow- operate a vehicle repair business from home.
ers shall not discharge gases, steam, vapor, hot air, grease,
smoke, odors or other gaseous or particulate wastes directly Major vehicle repairs are permitted, but only if the
upon abutting or adjacent public or private property or that of work is performed in a structure designed and
another tenant. approved for such use. Of course, this regulation
does not affect the storage of vehicles on property
 There are three common problems associated with that complies with applicable zoning or license
exhaust vent discharges: requirements, such as repair garages, salvage yards
• Odor problems caused from exhaust gases and similar establishments.
emanating from business and industrial 302.9 Defacement of property. No person shall willfully or
properties; wantonly damage, mutilate or deface any exterior surface of
• Noise problems created by exhaust vents; and any structure or building on any private or public property by
placing thereon any marking, carving or graffiti.
• Health and safety problems created by exhausts
that contain hazardous or potentially hazardous It shall be the responsibility of the owner to restore said
discharge. surface to an approved state of maintenance and repair.
To reduce these problems, exhaust vents are pro-  Graffiti, carving and damage is a problem that
hibited from discharging directly on abutting or adja- plagues exterior surfaces of walls, fencing and side-
cent public and private property. walks in cities and towns of all sizes. This problem
302.7 Accessory structures. All accessory structures, includ- begins as an eyesore and can result in serious con-
ing detached garages, fences and walls, shall be maintained sequences, including declining property values and
structurally sound and in good repair. degradation of the structures’ ability to repel rain and
snow.
 Accessory structures must be maintained in accor- It must be the responsibility of the owner to restore
dance with the criteria established by this section. said surface to an approved state of maintenance
Property owners often give detached garages, sheds, and repair.

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GENERAL REQUIREMENTS

SECTION 303 porches, balconies and similar structural

SWIMMING POOLS, SPAS AND HOT TUBS elements must safely perform their intended
303.1 Swimming pools. Swimming pools shall be main- functions.
tained in a clean and sanitary condition, and in good repair. • It must be kept in a sanitary condition. There
shall be no accumulation of litter or debris on
 Swimming pools, if neglected, can become a health
porches and other parts of the exterior structure.
hazard, resulting in insect-attracting stagnant water.
• It must be capable of preventing the elements
303.2 Enclosures. Private swimming pools, hot tubs and
(rain, snow and wind) and rodents from entering
spas, containing water more than 24 inches (610 mm) in
the interior areas.
depth shall be completely surrounded by a fence or barrier at
least 48 inches (1219 mm) in height above the finished 304.1.1 Unsafe conditions. The following conditions shall be
ground level measured on the side of the barrier away from determined as unsafe and shall be repaired or replaced to
the pool. Gates and doors in such barriers shall be self-closing comply with the International Building Code or the Interna-
and self-latching. Where the self-latching device is a mini- tional Existing Building Code as required for existing build-
mum of 54 inches (1372 mm) above the bottom of the gate, ings:
the release mechanism shall be located on the pool side of the 1. The nominal strength of any structural member is
gate. Self-closing and self-latching gates shall be maintained exceeded by nominal loads, the load effects or the
such that the gate will positively close and latch when required strength;
released from an open position of 6 inches (152 mm) from the
gatepost. No existing pool enclosure shall be removed, 2. The anchorage of the floor or roof to walls or col-
replaced or changed in a manner that reduces its effectiveness umns, and of walls and columns to foundations is not
as a safety barrier. capable of resisting all nominal loads or load effects;
Exception: Spas or hot tubs with a safety cover that com- 3. Structures or components thereof that have reached
plies with ASTM F 1346 shall be exempt from the provi- their limit state;
sions of this section. 4. Siding and masonry joints including joints between
 This performance-based criteria was specifically the building envelope and the perimeter of windows,
added to address pool-related problems where a doors and skylights are not maintained, weather resis-
child could possibly drown by gaining entry into a tant or water tight;
pool through a gate that failed to close and latch 5. Structural members that have evidence of deteriora-
properly. Gates that may have deteriorated over time tion or that are not capable of safely supporting all
through age, wear and exposure to the elements are nominal loads and load effects;
now addressed so that they will continue to provide
the intended level of protection. The exception to this 6. Foundation systems that are not firmly supported by
section allows for safety covers that comply with footings, are not plumb and free from open cracks and
ASTM F 1346. This exception is consistent with cur- breaks, are not properly anchored or are not capable
rent provisions in the IBC and the International Resi- of supporting all nominal loads and resisting all load
dential Code® (IRC®). effects;
ASTM F 1346 contains requirements including a 7. Exterior walls that are not anchored to supporting and
means of fastening the safety cover to the hot tub or supported elements or are not plumb and free of holes,
spa, such as key locks, combination locks or similar cracks or breaks and loose or rotting materials, are not
devices that will keep the cover in place; testing to properly anchored or are not capable of supporting all
demonstrate that the cover can support a minimum nominal loads and resisting all load effects;
required weight; limitations on openings in the cover
and minimum installation requirements. 8. Roofing or roofing components that have defects that
admit rain, roof surfaces with inadequate drainage, or
any portion of the roof framing that is not in good
SECTION 304 repair with signs of deterioration, fatigue or without
EXTERIOR STRUCTURE proper anchorage and incapable of supporting all
nominal loads and resisting all load effects;
304.1 General. The exterior of a structure shall be main-
tained in good repair, structurally sound and sanitary so as not 9. Flooring and flooring components with defects that
to pose a threat to the public health, safety or welfare. affect serviceability or flooring components that show
signs of deterioration or fatigue, are not properly
 The exterior of structures must perform four primary anchored or are incapable of supporting all nominal
functions: loads and resisting all load effects;
• It must be in good repair. There should be no 10. Veneer, cornices, belt courses, corbels, trim, wall fac-
evidence of deterioration, or damaged or loose ings and similar decorative features not properly
elements. anchored or that are anchored with connections not
• It must be structurally sound. There should not capable of supporting all nominal loads and resisting
be any loose or collapsing pieces. Stairways, all load effects;

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 GENERAL REQUIREMENTS

11. Overhang extensions or projections including, but not structure reaching this state is said to be unsafe.
limited to, trash chutes, canopies, marquees, signs, Since weather penetration can degrade structural
awnings, fire escapes, standpipes and exhaust ducts components, Item 4 specifies that if any joint in the
not properly anchored or that are anchored with con- building envelope allows weather to penetrate, it may
nections not capable of supporting all nominal loads be used as a basis to classify the structure as unsafe.
and resisting all load effects; This may be, in and of itself, the basis for the classifi-
12. Exterior stairs, decks, porches, balconies and all simi- cation. However, supporting evidence of deterioration
lar appurtenances attached thereto, including guards caused by the penetration would add weight to the
and handrails, are not structurally sound, not properly characterization as unsafe.
anchored or that are anchored with connections not Item 5 addresses structural members. Structural
capable of supporting all nominal loads and resisting members are essential to the structural integrity of
all load effects; or any building. If any structural member is deteriorated
to the point that it cannot safely support the nominal
13. Chimneys, cooling towers, smokestacks and similar loads, 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 plumb as intended to
Exceptions: distribute the loads or has cracks or breaks or inade-
quately anchored, the building may be regarded as
1. When substantiated otherwise by an approved
unsafe.
method.
Item 7 addresses exterior walls. Exterior walls are
2. Demolition of unsafe conditions shall be permit- essential to the structural integrity of any building. If
ted when approved by the code official. any portion of any exterior or bearing wall system is
not supported by adequate foundation or is not plumb
 The purpose of these requirements is to set out gen-
eral and specific delineations in a building or structure as intended to distribute the loads or has cracks or
that would make it unsafe. These delineations allow breaks or inadequately anchored, the building may
the code official more specific references to condi- be regarded as unsafe.
tions that characterize an unsafe building or struc- Item 8 addresses roofing and roofing components.
ture. 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 classifi-
Item 1 indicates that if the strength of the structural cation. 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 characterization as unsafe. Additionally, any struc-
unsafe. Nominal strength and load effects, as defined tural component of the roof assembly not capable of
by the IBC and Items 2–13 of this section, are when a supporting design loads is a basis for classifying as
structure or component is regarded as incapable of unsafe.
performing its intended function thus becoming Item 9 addresses flooring and flooring components.
unsafe. Walking surfaces in floors with fatigue, defects or
Item 2 deals with required strength of connections deterioration are a basis for determining that a build-
between structural members. More specifically each ing or structure is unsafe. If a floor may collapse due
connection must be able to resist nominal loads and to any of these conditions or is likely to cause harm or
load effects; otherwise, the building or affected por- injury, it may be regarded as unsafe.
tion thereof is to be regarded as unsafe. Anchorage Item 10 addresses exterior wall facings. Decorative
of various elements of a structure is essential to its features either inside or outside that may become
stability. When anchorage is not capable of transfer- detached and fall is a basis for classifying a building
ring the intended loads, the structure or component is or portion thereof as unsafe. Lateral movement, such
said to be unsafe. as an earthquake or wind, may cause any feature
Item 3 specifies that any condition beyond which a such as this to fall if not secured properly.
structure or member becomes unfit for service and is Item 11 addresses overhangs and projections from
judged to be no longer useful for its intended function a building. As with decorative features, any overhang,
is to be unsafe. This includes its serviceability limit extension, projection, such as trash chutes, canopies,
and strength limit state. Limit state as defined by the marquis, sign, etc., that is not anchored properly and
IBC is a condition beyond which a structure or mem- can fall is a basis for declaring that an unsafe condi-
ber becomes unfit for service and is judged to be no tion exists.
longer useful for its intended function (serviceability Item 12 addresses exterior stairs, decks and simi-
limit state) or to be unsafe (strength limit state). Any lar appurtenances. Exterior stairs, decks, porches,

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GENERAL REQUIREMENTS

balconies, and all similar appurtenances are all por- Address numbers shall be Arabic numerals or alphabet let-
tions of a means of egress system and as such repre- ters. Numbers shall be a minimum of 4 inches (102 mm) in
sent a significant safety concern if left in an unsafe height with a minimum stroke width of 0.5 inch (12.7 mm).
condition. Should any of these elements of a means  Buildings that have been assigned a street number
of egress system become structurally unsound, the must have the number visibly displayed in Arabic fig-
building or portion thereof may be regarded as ures (i.e., 1, 2, 3, etc.) or spelled out in alphabet let-
unsafe. ters at least 4 inches (102 mm) in height and each
Item 13 addresses chimneys, cooling towers and stroke must be 1/2-inch wide (12.7 mm) (see Com-
similar appurtenances. As with decorative features
mentary Figure 304.3).
and other appurtenances, chimneys, cooling towers, Easily legible numbers are essential for rapid
smokestacks or similar large vertical elements that
response of emergency personnel.
become structurally unsound may be regarded as
unsafe.
Exception 1 is to recognize that a qualified entity

4051
could substantiate an alternative method or material

4" MIN.
that meets the purpose and intent of the code. This
alternative would need to be approved by the code
official. An engineering study that substantiates the
structural integrity in a rational analysis may be the
basis for accepting a contention that the building is
not unsafe.
Exception 2 allows for the option of demolition of ½" MIN.
an unsafe condition to a building owner subject to the
code official’s approval. If the building or structure or For SI: 1 inch = 25.4 mm.
portion thereof is demolished, and does not exist, the
condition is considered to be resolved. Figure 304.3
PREMISES IDENTIFICATION
304.2 Protective treatment. All exterior surfaces, including
but not limited to, doors, door and window frames, cornices,
porches, trim, balconies, decks and fences, shall be main-
304.4 Structural members. All structural members shall be
tained in good condition. Exterior wood surfaces, other than
maintained free from deterioration, and shall be capable of
decay-resistant woods, shall be protected from the elements
safely supporting the imposed dead and live loads.
and decay by painting or other protective covering or treat-
ment. Peeling, flaking and chipped paint shall be eliminated  Building components that must support other building
and surfaces repainted. All siding and masonry joints, as well components are considered structural. Structural
as those between the building envelope and the perimeter of members must be kept sound and capable of sup-
windows, doors and skylights, shall be maintained weather porting all of the dead and live loads imposed upon
resistant and water tight. All metal surfaces subject to rust or them. Dead loads are the loads created by the struc-
corrosion shall be coated to inhibit such rust and corrosion, ture itself. The footing must adequately carry the load
and all surfaces with rust or corrosion shall be stabilized and of the foundation, beams, joists, walls, roof and other
coated to inhibit future rust and corrosion. Oxidation stains similar members located above it.
shall be removed from exterior surfaces. Surfaces designed Live loads are the weights that are added to the fin-
for stabilization by oxidation are exempt from this require- ished structure. Live loads include furniture, appli-
ment. ances, equipment and other items added to the inside
of the building. Snow, rain, ice and wind are environ-
 Other sections of the code require items such as
mental conditions that are also considered live loads
walls, doors, windows and architectural trim to be
in the code.
maintained in good repair and condition. This section
makes it clear that if paint or other protective covering 304.5 Foundation walls. All foundation walls shall be main-
or treatment is used to provide protection from the tained plumb and free from open cracks and breaks and shall
elements, it cannot be peeling, flaking or chipped. be kept in such condition so as to prevent the entry of rodents
Additionally, buildings with deteriorated paint or with and other pests.
masonry joints and siding in disrepair or not weather  The foundation must safely support the entire struc-
tight will eventually decay and exert a blighting influ- ture. Minor problems left uncorrected can become
ence on the community. major. Major foundation problems can result in col-
[F] 304.3 Premises identification. Buildings shall have lapse of the structure.
approved address numbers placed in a position to be plainly Minor damage includes hairline cracks, loose and
legible and visible from the street or road fronting the prop- flaking mortar and surface deterioration of cement
erty. These numbers shall contrast with their background. blocks and poured concrete walls. Major damage
includes large horizontal and vertical step cracks, and

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 GENERAL REQUIREMENTS

large areas of missing foundation material (see Com- (redwood, cedar, etc.); and woods that have been
mentary Figure 304.5). treated with chemicals to prevent decay.
Three of the most frequent causes of foundation 304.7 Roofs and drainage. The roof and flashing shall be
failure result from damage caused at the time of con- sound, tight and not have defects that admit rain. Roof drain-
struction, soil problems (settling, sliding, heaving and age shall be adequate to prevent dampness or deterioration in
expanding) and the effects of water. Water entering the walls or interior portion of the structure. Roof drains, gut-
the foundation through cracks, holes or breaks can ters and downspouts shall be maintained in good repair and
freeze and expand, causing damage to the founda- free from obstructions. Roof water shall not be discharged in
tion. a manner that creates a public nuisance.
The code official should order replacement of
structural elements when major damage has  A secure, nonleaking roof is necessary to keep a
occurred and should order appropriate maintenance, building properly maintained. Even small leaks can
such as tuckpointing, if the damage is only minor. cause thousands of dollars in damage to insulation,
All conditions that permit entry of rodents or other plaster, studs and joists. Roof leaks usually occur
pests must also be corrected. along valley areas, around plumbing vents, chim-
neys, dormers and other penetrations through the
304.6 Exterior walls. All exterior walls shall be free from roof.
holes, breaks, and loose or rotting materials; and maintained Water runoff should be diverted away from the
weatherproof and properly surface coated where required to structure to prevent damage to the foundation and
prevent deterioration. other structural elements. Runoff must be diverted
 Holes, cracks, decayed wood or any other condition away from neighboring properties, public sidewalks,
that permits rain or dampness to enter the structure alleys and streets to prevent nuisance problems. Two
must be repaired. Exterior surface materials must be problems that can result from improper water runoff
properly coated to prevent deterioration if they are not are flooding of basements and standing water or ice
naturally decay resistant. Many materials do not buildup on sidewalks, alleys and streets. Drains, gut-
require surface coating, including: certain metals (alu- ters and downspouts must be kept in working order
minum, copper, etc.); masonry products (bricks, so that water runoff is properly diverted.
stone, stucco, etc.); naturally, decay-resistant woods

Figure 304.5
MAJOR DAMAGE TO A FOUNDATION WALL
This foundation is crumbling. Failure to repair it will eventually lead to its collapse.

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GENERAL REQUIREMENTS

304.8 Decorative features. All cornices, belt courses, cor- Occasionally, deterioration may become sufficient
bels, terra cotta trim, wall facings and similar decorative fea- to prevent the chimney or smokestack from operating
tures shall be maintained in good repair with proper properly. Obstructed chimneys have resulted in
anchorage and in a safe condition. numerous carbon monoxide deaths. If fuel-burning
appliances vent into chimneys or smokestacks, the
 Exterior decorative features require regular mainte-
code official should see that the exhaust gases are
nance to prevent their deterioration and to keep them
being properly conveyed to the chimney, including
from falling from the building.
the connection of the vent to the chimney.
304.9 Overhang extensions. All overhang extensions includ- Weather-coating materials may be applied periodi-
ing, but not limited to canopies, marquees, signs, metal cally to reduce the effects of the elements on these
awnings, fire escapes, standpipes and exhaust ducts shall be items.
maintained in good repair and be properly anchored so as to
304.12 Handrails and guards. Every handrail and guard
be kept in a sound condition. When required, all exposed sur-
shall be firmly fastened and capable of supporting normally
faces of metal or wood shall be protected from the elements
imposed loads and shall be maintained in good condition.
and against decay or rust by periodic application of weather-
coating materials, such as paint or similar surface treatment.  This section provides for the safety and maintenance
of handrails and guards.
 Most problems related to overhang extensions, espe-
cially signs, marquees, fire escapes and awnings, are 304.13 Window, skylight and door frames. Every window,
a result of deterioration at the points where they are skylight, door and frame shall be kept in sound condition,
anchored to the building. Anchorage points should be good repair and weather tight.
carefully inspected on a regular basis.  All windows, skylights and doors must be installed in
Fire escapes, standpipes and exhaust ducts serve their frames so that they are weather tight (i.e., able
the critical functions of providing proper exiting, fire to prevent wind, rain or other elements from entering
protection and the removal of exhaust products. Reg- the structure). A workmanlike installation will provide
ular maintenance is important for their continued appropriate protection while maintaining operational
compliance with the code. capability.
304.10 Stairways, decks, porches and balconies. Every 304.13.1 Glazing. All glazing materials shall be maintained
exterior stairway, deck, porch and balcony, and all appurte- free from cracks and holes.
nances attached thereto, shall be maintained structurally
sound, in good repair, with proper anchorage and capable of  All glass is to be maintained without open cracks or
supporting the imposed loads. holes, which can admit wind and moisture. Defective
glass poses hazards to occupants.
 Regular maintenance is required to keep stairs,
decks, porches and balconies in good repair so they 304.13.2 Openable windows. Every window, other than a
do not become a hazard to occupants or visitors. fixed window, shall be easily openable and capable of being
Positive anchorage of elevated decks and exterior held in position by window hardware.
stairs that may be subject to collapse is especially  Windows that have broken or are missing hold-open
important. hardware create a dual hazard.
Although not mandated, the applicable building First, windows without hardware are frequently
code could be consulted for the required live loads propped open with sticks and other objects. These
that these elements are typically required to support. objects can be dislodged and cause the windows to
304.11 Chimneys and towers. All chimneys, cooling towers, fall, causing bodily injuries.
smoke stacks, and similar appurtenances shall be maintained Second, in the event of a fire, occupants are at an
structurally safe and sound, and in good repair. All exposed increased risk if windows cannot be readily secured
surfaces of metal or wood shall be protected from the ele- in an open position. People have died because of
ments and against decay or rust by periodic application of inoperable windows, even though they could have
weather-coating materials, such as paint or similar surface easily broken the windows and escaped. It is advis-
treatment. able for the code official to check windows to make
sure they open properly and remain open with their
 Chimneys, towers of all types and other similar own hardware.
appurtenances are frequently ignored until they
become nonfunctional or are in danger of collapse. 304.14 Insect screens. During the period from [DATE] to
[DATE], every door, window and other outside opening
Because of the corrosiveness of the exhaust gases,
chimneys and smokestacks often deteriorate on the required for ventilation of habitable rooms, food preparation
inside first. The code official should examine chim- areas, food service areas or any areas where products to be
neys and towers for excessive rust, loose or missing included or utilized in food for human consumption are pro-
mortar and cracked or disintegrating bricks. cessed, manufactured, packaged or stored shall be supplied
with approved tightly fitting screens of minimum 16 mesh

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 GENERAL REQUIREMENTS

per inch (16 mesh per 25 mm), and every screen door used for 304.17 Guards for basement windows. Every basement
insect control shall have a self-closing device in good work- window that is openable shall be supplied with rodent shields,
ing condition. storm windows or other approved protection against the entry
Exception: Screens shall not be required where other of rodents.
approved means, such as air curtains or insect repellent  Basement windows are especially susceptible to the
fans, are employed. entry of the Norway rat, one of several rodents that
 Screens reduce insect infestations. Communities are frequently nest in the ground near structures. Rat-
required to establish the number of months screens proof shields, screens, storm windows or other pro-
must be used on windows and doors to accommo- tective materials must be installed on windows
date the time period that insects are active. Insect capable of being opened to eliminate their use as an
populations become dormant or die during the cold entry point.
season; thus, screens would not be required during 304.18 Building security. Doors, windows or hatchways for
cold months. dwelling units, room units or housekeeping units shall be pro-
The requirements for tight-fitting screens (not less vided with devices designed to provide security for the occu-
than 16 mesh per 25 mm) in any food preparation, pants and property within.
storage or service area are extremely important.  This section establishes criteria for providing security
Improper insect protection in these areas can lead to for occupants of dwelling units, rooming units and
large-scale contamination of food supplies. housekeeping units that are rented, leased or let.
As indicated in the exception, air curtains, insect
repellent fans or similar systems may be accepted. 304.18.1 Doors. Doors providing access to a dwelling unit,
The code official must be sure that such a system is rooming unit or housekeeping unit that is rented, leased or let
operational and employed whenever the doors and shall be equipped with a deadbolt lock designed to be readily
windows are open. Although permitted for any open- openable from the side from which egress is to be made with-
ing, these systems are useful for openings that are out the need for keys, special knowledge or effort and shall
difficult to screen properly, such as out-swinging have a minimum lock throw of 1 inch (25 mm). Such dead-
doors. bolt locks shall be installed according to the manufacturer’s
specifications and maintained in good working order. For the
304.15 Doors. All exterior doors, door assemblies, operator purpose of this section, a sliding bolt shall not be considered
systems if provided, and hardware shall be maintained in an acceptable deadbolt lock.
good condition. Locks at all entrances to dwelling units and
sleeping units shall tightly secure the door. Locks on means  Everyone has a right to feel safe in their own dwell-
of egress doors shall be in accordance with Section 702.3. ing; therefore, the installation of locking hardware to
secure entry doorways is essential. When installed
 All exterior doors, door assemblies, operator systems for security purposes, however, locks and latches can
and hardware must properly perform their intended intentionally prohibit the use of an egress door and
functions (i.e., open and close easily and keep out thus interfere with or prevent the egress of occupants
the elements). Locks must be readily released with- at the time of an emergency, such as a fire. The abil-
out keys, special knowledge or effort in accordance ity of occupants to easily egress a building in case of
with Section 702.3. Security locks that comply with a fire or emergency situation is a primary concern to
this requirement must function to secure the door as help prevent the loss of human life. Examples of spe-
well. Malfunctioning or sticking locks that cannot cial knowledge would be a combination lock or an
secure the door may also impede egress because of unlocking device in an unknown, unexpected or hid-
difficulty in operation or release. The phrase “opera- den location. Special effort would require unusual
tor systems if provided” draws attention to automated and unexpected physical ability to unlock or make the
doors. Maintaining the proper performance of the door fully available for egress.
operator systems, where present, further assures
proper egress will be maintained. 304.18.2 Windows. Operable windows located in whole or in
part within 6 feet (1828 mm) above ground level or a walking
304.16 Basement hatchways. Every basement hatchway surface below that provide access to a dwelling unit, rooming
shall be maintained to prevent the entrance of rodents, rain unit or housekeeping unit that is rented, leased or let shall be
and surface drainage water. equipped with a window sash locking device.
 Basement hatchways must prevent rain, water and  In order to coordinate the provisions of the code with
rodents from entering the structure. When mainte- the U.S. Housing and Urban Development Depart-
nance is ignored, wood members (including doors) ment (HUD) housing quality standard requirements
decay, metal doors and latches rust and hinges for rental properties, a height requirement of 6 feet
break. (1827 mm) above the ground was established for
Drainage must be provided to prevent water from windows. This could be considered a security con-
accumulating around hatchways and leaking inside cern, thus dictating the need for window locks.
the structure.

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GENERAL REQUIREMENTS

304.18.3 Basement hatchways. Basement hatchways that 5. Stairs, landings, balconies and all similar walking sur-
provide access to a dwelling unit, rooming unit or housekeep- faces, including guards and handrails, are not structur-
ing unit that is rented, leased or let shall be equipped with ally sound, not properly anchored or are anchored with
devices that secure the units from unauthorized entry. connections not capable of supporting all nominal loads
and resisting all load effects;
 Windows to basements are equally problematic from
a security point of view and, therefore, need to be 6. Foundation systems that are not firmly supported by
equipped with locking devices to provide security for footings are not plumb and free from open cracks and
the units. breaks, are not properly anchored or are not capable of
supporting all nominal loads and resisting all load
304.19 Gates. All exterior gates, gate assemblies, operator effects.
systems if provided, and hardware shall be maintained in
good condition. Latches at all entrances shall tightly secure Exceptions:
the gates. 1. When substantiated otherwise by an approved
 Similar to Section 304.15 addressing doors, all gate method.
assemblies, operator systems and hardware must be 2. Demolition of unsafe conditions shall be permit-
maintained to perform their intended functions (i.e., ted when approved by the code official.
open and close as intended). Malfunctioning or stick-  Section 305.1.1 describes in detail unsafe conditions
ing latches that cannot secure the gate may also related to the interior of the structure to provide the
impede egress because of difficulty in operation or code official the ability to require replacement or
release. The phrase “operator systems if provided” repair.
draws attention to automated doors. Maintaining the Item 1 indicates that if the strength of the structural
proper performance of the operator systems, where member is exceeded by either the nominal loads or
present, further assures proper egress will be main- load effects, the condition is to be regarded as
tained. unsafe. Nominal strength and load effects, as defined
by the IBC and Items 2–6 of this section, are when a
structure or component is regarded as incapable of
SECTION 305 performing its intended function thus becoming
INTERIOR STRUCTURE unsafe.
305.1 General. The interior of a structure and equipment Item 2 deals with required strength of connections
therein shall be maintained in good repair, structurally sound between structural members. More specifically each
and in a sanitary condition. Occupants shall keep that part of connection must be able to resist nominal loads and
the structure which they occupy or control in a clean and san- load effects; otherwise, the building or affected por-
itary condition. Every owner of a structure containing a tion thereof is to be regarded as unsafe. Anchorage
rooming house, housekeeping units, a hotel, a dormitory, two of various elements of a structure is essential to its
or more dwelling units or two or more nonresidential occu- stability. When anchorage is not capable of transfer-
pancies, shall maintain, in a clean and sanitary condition, the ring the intended loads, the structure or component is
shared or public areas of the structure and exterior property. said to be unsafe.
Item 3 specifies that any condition beyond which a
 The interior of a structure and its equipment must be structure or member becomes unfit for service and is
maintained so that it does not adversely affect the judged to be no longer useful for its intended function
occupants’ health and safety. It must protect occu- is considered to be unsafe. This includes its service-
pants from the exterior environment. ability limit and strength limit state. “Limit state” as
305.1.1 Unsafe conditions. The following conditions shall be defined by the IBC is a condition beyond which a
determined as unsafe and shall be repaired or replaced to structure or member becomes unfit for service and is
comply with the International Building Code or the Interna- judged to be no longer useful for its intended function
tional Existing Building Code as required for existing build- (serviceability limit state) or to be unsafe (strength
ings: limit state). Any structure reaching this state is said to
be unsafe.
1. The nominal strength of any structural member is
Items 4 through 6: The interior of a building may
exceeded by nominal loads, the load effects or the
contain other structural elements as well. These
required strength;
items, which include stairs, walking surfaces, hand-
2. The anchorage of the floor or roof to walls or columns, rails and guards, are specifically denoted as essential
and of walls and columns to foundations is not capable structural elements that must be preserved to allow
of resisting all nominal loads or load effects; for safe means of egress and protection.
Item 4 addresses structural members that have
3. Structures or components thereof that have reached
become unable to support the intended loads.
their limit state;
Item 5 addresses interior stairs, decks, porches,
4. Structural members are incapable of supporting nomi- balconies, and all similar elements that are all por-
nal loads and load effects; tions of a means of egress system and as such repre-

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 GENERAL REQUIREMENTS

sent a significant safety concern if left in an unsafe provide some level of confidence that a structure will
condition. Should any of these elements of a means safely withstand the anticipated loads, the code offi-
of egress system become structurally unsound, the cial may want to require the owner to provide evi-
building or portion thereof may be regarded as dence of the load-bearing capacity of the structure,
unsafe. as determined by a registered architect or engineer.
Item 6 addresses foundation systems. Foundation This information may be useful every time a struc-
systems are essential to the structural integrity of any ture changes occupancy. The code official cannot be
building. If any portion of any foundation system is sure structural changes have not occurred since the
not supported by adequate soil or is not plumb as previous calculations were prepared.
intended to distribute the loads or has cracks or 305.3 Interior surfaces. All interior surfaces, including win-
breaks or is inadequately anchored, the building may dows and doors, shall be maintained in good, clean and sani-
be regarded as unsafe. tary condition. Peeling, chipping, flaking or abraded paint
Exception 1 is to recognize that a qualified entity shall be repaired, removed or covered. Cracked or loose plas-
could substantiate an alternative method or material ter, decayed wood and other defective surface conditions
that meets the purpose and intent of the code. This shall be corrected.
alternative would need to be approved by the code
official. An engineering study that substantiates the  Interior surface damage is frequently the result of ten-
structural integrity in a rational analysis may be the ant abuse or water damage. Water damage results
basis for accepting a contention that the building is from leaking roofs, plumbing fixtures and water pipes,
not unsafe. and also damaged or open windows and doors that
Exception 2 allows for the option of demolition of permit rain to enter. Any damaged interior surfaces
an unsafe condition to a building owner subject to the are required to be repaired and the cause of the dam-
code official’s approval. If the building or structure or age needs to be corrected.
portion thereof is demolished, and does not exist, the Interior surfaces that contain lead-based paint may
condition is considered to be resolved. present serious health hazards to occupants, espe-
cially children. Lead is a toxic heavy metal that enters
305.2 Structural members. All structural members shall be the body by inhalation or ingestion of fine particulate.
maintained structurally sound, and be capable of supporting Lead affects many organs as well as the central ner-
the imposed loads. vous system, and is particularly toxic to young chil-
 Improper original construction, unapproved additions dren because it retards brain and central nervous
and repairs, water damage, deferred maintenance system development.
and overloading of structural members will result in HUD estimates that three-quarters of the dwellings
structural damage and failure. built before 1980 contain some lead-based paint.
Common construction and repair defects include: Because the amount of lead in paint was gradually
undersized structural members that, over time, sag, reduced during the 30 years prior to its prohibition in
crack and even collapse; inadequately fastened general application in 1978 (lead-based paint is cur-
structural members that loosen and separate from rently produced for specialized industrial applica-
each other; poor-quality construction materials; tions), dwellings built before 1950 are more likely to
improperly installed or oversized notches and holes contain lead-based paint and paint with higher con-
in structural members and poorly installed structural centrations of lead. HUD surveys show that 90 per-
members. cent of dwellings built before 1940, 80 percent of
Water is one of the most destructive elements to dwellings built between 1940 and 1959 and 62 per-
structures. Water damage most frequently occurs cent of dwellings built between 1960 and 1979 con-
from roof leaks, plumbing leaks in bathrooms and tain lead-based paint. Lead-based paint is often
kitchens, and water penetration into basements and found under newer layers of paint that is not lead
crawl spaces. Unrepaired leaks can rot and decay based.
structural members. Areas of concern include the Intact lead-based paint is not an immediate hazard
bottom of columns, the outside ends of beams and because the predominant route of lead poisoning is
joists, flooring under bathrooms and kitchens and the through ingestion or inhalation of fine lead particulate
underside of roofs. Check all of these for evidence of found in contaminated dust. The risk of poisoning
water penetration and damage. becomes significant when lead-based paint contami-
Deferred maintenance is a problem with all build- nates dust through peeling, chipping, flaking and
ings. A structure begins to deteriorate the moment it abraded conditions identified in the code. Lead con-
is completed. Both outside and inside factors affect tamination may also be caused by lead-based paint
structures: water, sun and wind on the outside, as that is disturbed during repair and remodeling activi-
well as furniture, equipment and occupants on the ties such as scraping, sanding, drilling and cutting.
inside. As equipment wears out or malfunctions, it Lead hazard control is achieved by removing lead-
needs to be repaired or replaced. contaminated dust and eliminating the source of con-
Structural members must be able to bear the loads tamination. The determination of the type of activities
imposed upon them. Commercial and industrial build- (abatement, interim controls or repair) needed to cor-
ings present special concerns for the code official. To rect hazardous conditions depends on the extent of

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GENERAL REQUIREMENTS

paint deterioration and the occupancy. More protec- loads for handrails and guards in the applicable build-
tive measures should be taken if children under six ing code can be considered the normally imposed
years of age are likely to occupy the building because loads.
they are more sensitive to lead contamination. All 305.6 Interior doors. Every interior door shall fit reasonably
activities that disturb lead-based paint can generate well within its frame and shall be capable of being opened
significant lead hazards. Precautions should be initi- and closed by being properly and securely attached to jambs,
ated to protect workers, occupants and the environ- headers or tracks as intended by the manufacturer of the
ment. Precautions include selection of procedures attachment hardware.
that minimize the creation of dust [such as wet sand-
ing, wet scraping, power tools with high-efficiency  The ability of a door to function as the manufacturer
particulate air (HEPA) filtered vacuum attachments intended is one of the key elements in being able to
and heat guns less than 1,100°F (593°C)]; contain- properly exit a building. In addition to contributing to
ment of dust and debris; covering and securing hori- building egress, doors are also key elements in pro-
zontal surfaces, occupants’ furniture and fixtures (if viding for security and privacy; therefore, all interior
exterior work, the ground and plants) with polyethyl- doors should be kept in a state of repair that will allow
ene to prevent contamination; thorough cleaning with them to function effectively.
HEPA-filtered vacuum and detergent; and clearance
testing to prove lead concentrations are below haz-
ardous levels before occupancy. SECTION 306
Federal regulations recognize two levels of lead- COMPONENT SERVICEABILITY
specific hazard control measures—abatement and 306.1 General. The components of a structure and equipment
interim controls. Abatement is defined as measures therein shall be maintained in good repair, structurally sound
designed to last more than 20 years, while less dura- and in a sanitary condition.
ble measures are considered interim controls. Envi-
ronmental Protection Agency (EPA) regulations or  Section 306.1 contains a general provision for com-
state regulations approved by EPA require workers ponents and equipment related to a structure to be
and supervisors to be trained and certified to under- maintained in sound and sanitary condition, which is
take activities specifically intended to abate or control the spirit and intent of this code.
lead-based paint hazards. The same activities that 306.1.1 Unsafe conditions. Where any of the following con-
are undertaken as specific lead abatement or interim ditions cause the component or system to be beyond its limit
controls (demolition, paint removal, door or window state, the component or system shall be determined as unsafe
replacement, etc.) may be undertaken by noncertified and shall be repaired or replaced to comply with the Interna-
workers and supervisors if they are a part of general tional Building Code as required for existing buildings:
repair and remodeling activities.
1. Soils that have been subjected to any of the following
More detailed information on lead hazard evalua-
conditions:
tion and control is available from state and local
agencies, the National Lead Information Center (800- 1.1. Collapse of footing or foundation system;
424-5323) sponsored by EPA and the HUD Office of 1.2. Damage to footing, foundation, concrete or other
Lead Hazard Control. The code official can help pro- structural element due to soil expansion;
tect public health and safety by coordinating code
enforcement with enforcement of lead regulations 1.3. Adverse effects to the design strength of footing,
and providing lead hazard awareness and hazard foundation, concrete or other structural element
control information to contractors and property own- due to a chemical reaction from the soil;
ers. 1.4. Inadequate soil as determined by a geotechnical
305.4 Stairs and walking surfaces. Every stair, ramp, land- investigation;
ing, balcony, porch, deck or other walking surface shall be 1.5. Where the allowable bearing capacity of the soil is
maintained in sound condition and good repair. in doubt; or
 Handrails, treads and risers must be structurally 1.6. Adverse effects to the footing, foundation, con-
sound, firmly attached to the structure and properly crete or other structural element due to the ground
maintained to safely perform their intended function. water table.
All parts of a stair also should be inspected, including
stringers, risers, treads, balusters, guards and hand- 2. Concrete that has been subjected to any of the follow-
rails and also all walking surfaces such as floors, ing conditions:
landings, decks or ramps. 2.1. Deterioration;
305.5 Handrails and guards. Every handrail and guard shall 2.2. Ultimate deformation;
be firmly fastened and capable of supporting normally
imposed loads and shall be maintained in good condition. 2.3. Fractures;

 This section provides for the safety and maintenance 2.4. Fissures;
of handrails and guards. Although not mandated, 2.5. Spalling;

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 GENERAL REQUIREMENTS

2.6. Exposed reinforcement; or ing must also meet its intended purpose or the build-
2.7. Detached, dislodged or failing connections. ing (or portion thereof) can be regarded as unsafe.
This provision specifies that each material (such as
3. Aluminum that has been subjected to any of the follow- soil, concrete, masonry, wood, steel, etc.) that is used
ing conditions: to create a building or structure must continue to be
3.1. Deterioration; viable.
Item 1 delineates some conditions of soil or foun-
3.2. Corrosion;
dation stability that denote unsafe conditions. Any of
3.3. Elastic deformation; these allow the code official to determine that an
3.4. Ultimate deformation; unsafe condition exists.
Items 2 through 6 delineate some of conditions of
3.5. Stress or strain cracks; typical building materials that if present in structural
3.6. Joint fatigue; or elements are sufficient to determine that an unsafe
3.7. Detached, dislodged or failing connections. condition exists.
4. Masonry that has been subjected to any of the follow-
ing conditions: SECTION 307
4.1. Deterioration; HANDRAILS AND GUARDRAILS
4.2. Ultimate deformation; 307.1 General. Every exterior and interior flight of stairs
having more than four risers shall have a handrail on one side
4.3. Fractures in masonry or mortar joints; of the stair and every open portion of a stair, landing, bal-
4.4. Fissures in masonry or mortar joints; cony, porch, deck, ramp or other walking surface which is
4.5. Spalling; more than 30 inches (762 mm) above the floor or grade below
shall have guards. Handrails shall not be less than 30 inches
4.6. Exposed reinforcement; or (762 mm) in height or more than 42 inches (1067 mm) in
4.7. Detached, dislodged or failing connections. height measured vertically above the nosing of the tread or
5. Steel that has been subjected to any of the following above the finished floor of the landing or walking surfaces.
conditions: Guards shall not be less than 30 inches (762 mm) in height
above the floor of the landing, balcony, porch, deck, or ramp
5.1. Deterioration; or other walking surface.
5.2. Elastic deformation; Exception: Guards shall not be required where exempted
5.3. Ultimate deformation; by the adopted building code.
5.4. Metal fatigue; or  Note that this section does not discuss maintenance
5.5. Detached, dislodged or failing connections. requirements for handrails and guards. It contains
requirements for handrail and guard installations for
6. Wood that has been subjected to any of the following specific locations at all existing buildings. If these
conditions: locations are present at an existing building, then the
6.1. Ultimate deformation; minimum handrail and guard requirements are man-
dated. Handrails are required on at least one side of
6.2. Deterioration;
all means of egress stairs more than four risers in
6.3. Damage from insects, rodents and other vermin; height. Handrails can neither be less than 30 inches
6.4. Fire damage beyond charring; (762 mm) nor more than 42 inches (1067 mm) above
the nosing of the tread (see Commentary Figure
6.5. Significant splits and checks; 307.1).
6.6. Horizontal shear cracks; Guards are required on the open side of all uneven
6.7. Vertical shear cracks; walking surfaces greater than 30 inches (762 mm) in
height that include stairs, landings, balconies,
6.8. Inadequate support; porches, decks or ramps. The guard must be at least
6.9. Detached, dislodged or failing connections; or 30 inches (762 mm) above the floor in all cases.
6.10.Excessive cutting and notching. Guards are to contain intermediate rails, balusters or
other construction to reduce the chance of an adult or
Exceptions: child from falling through the guard. If the guard is
1. When substantiated otherwise by an approved missing some intermediate rails or balustrades, it is
method. recommended that it be repaired to its original condi-
2. Demolition of unsafe conditions shall be permitted tion if it will provide protection equivalent to that pro-
when approved by the code official. vided when originally constructed.
The exception is referring to the building code cur-
 In order to analyze all of the elements of a building, rently adopted by the jurisdiction. If the current
this section ensures that each component of a build- adopted building code would not require a guard for a

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GENERAL REQUIREMENTS

particular location in a new building, then a guard rubbish in proper containers. Three frequent causes
would not be required in accordance with this excep- for improper rubbish disposal are:
tion. • The occupants are careless—rubbish is stacked
and stored in a haphazard fashion;
SECTION 308 • Insufficient containers are provided to handle
RUBBISH AND GARBAGE rubbish; and
308.1 Accumulation of rubbish or garbage. All exterior • The rubbish is not being picked up frequently
property and premises, and the interior of every structure, enough to eliminate the volume being created.
shall be free from any accumulation of rubbish or garbage. The code official should work with occupants and
 Insanitary houses are found in almost every commu- owners to determine the cause of the problem and
nity. The code official may frequently find conditions then order the owners or occupants to take the appro-
where occupants fail to properly store and remove priate action to resolve it.
their garbage and refuse. Occasionally, the condi- 308.2.1 Rubbish storage facilities. The owner of every
tions may be so bad that he or she must condemn the occupied premises shall supply approved covered containers
structure as unfit for human occupancy in accordance for rubbish, and the owner of the premises shall be responsi-
with Section 108.1.3. Emotional, physical and mental ble for the removal of rubbish.
problems may be contributing factors. The code offi-  The owner is responsible for the removal of all rub-
cial may have to work with health officials, social bish. This provision is helpful as an enforcement tool.
workers, child protection workers and a host of other It eliminates confusion as to whether the tenant, the
social service agencies to obtain a solution to the operator or the owner is responsible.
problem.
Improperly stored garbage and rubbish in public 308.2.2 Refrigerators. Refrigerators and similar equipment
halls and stairways may result in insect and rodent not in operation shall not be discarded, abandoned or stored
infestations, trip hazards and accidental fires. More on premises without first removing the doors.
importantly, improper storage creates a hazard when  Discarded refrigerators pose an attractive nuisance to
the exit must be used in an emergency, such as a children. Children often climb into the refrigerator and
fire. close the door afterward to create a hiding place. Due
308.2 Disposal of rubbish. Every occupant of a structure to the risk of suffocation from being trapped in the
shall dispose of all rubbish in a clean and sanitary manner by refrigerator, the doors must be removed before it is
placing such rubbish in approved containers. considered safe to keep it during periods of storage
or to properly dispose of the unit.
 Rubbish includes all waste materials except garbage.
Occupants are responsible for disposing of their own

IF MORE THAN 4 RISERS,

HANDRAIL REQUIRED
30" TO 42" ABOVE
NOSING OF TREAD ON
AT LEAST ONE SIDE OF STAIR
30" MIN.

GUARD
> 30"

For SI: 1 inch = 25.4 mm.

Figure 307.1
HANDRAILS AND GUARDRAILS

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 GENERAL REQUIREMENTS

308.3 Disposal of garbage. Every occupant of a structure SECTION 309

shall dispose of garbage in a clean and sanitary manner by PEST ELIMINATION
placing such garbage in an approved garbage disposal facility 309.1 Infestation. All structures shall be kept free from
or approved garbage containers. insect and rodent infestation. All structures in which insects
 Garbage is the animal and vegetable wastes created or rodents are found shall be promptly exterminated by
from the preparation and consumption of food. Occu- approved processes that will not be injurious to human
pants are responsible for properly disposing of their health. After pest elimination, proper precautions shall be
garbage wastes by either using a garbage disposal (if taken to prevent reinfestation.
available) or by placing the wastes in approved gar-  There are two basic types of insect infestations: nui-
bage storage containers. sance and wood destroying. Nuisance insects include
Improper disposal of garbage wastes can attract flies, fleas, bees, cockroaches and silverfish. Wood-
rodents, insects, animals and vermin, produce nox- destroying insects include termites, powder-post bee-
ious odors and create potential health problems. Sim- tles and carpenter ants.
ilar to rubbish disposal, garbage disposal problems Nuisance insects are usually found near food
can be the result of: sources and in damp areas.
• Careless disposal (not properly wrapped or Wood-destroying insects are sometimes difficult to
stored) by the occupants; find. The code official or a professional exterminator
• Insufficient containers to handle the regular may probe wood members for evidence of infesta-
amount of garbage; tion. Concrete in contact with the soil should be visu-
ally checked for evidence of termite tubes leading
• Garbage not being picked up frequently enough;
from the soil to wood members. Wood infested with
and
powder-post beetles frequently has the appearance
• The mechanical garbage disposal not operating. of having been penetrated by shotgun pellets. A large
The health consequences to the occupants and the powder-post beetle infestation leaves many small
neighborhood are probably more severe with garbage holes in the wood. Additionally, active beetles leave a
than rubbish; therefore, the code official must fine wood powder called “frass” on the wood.
promptly order the correction of this problem and Eliminating nuisance insects may require treating
require an ongoing program of garbage disposal. the building with insect spray on a regular basis.
Eliminating wood-destroying insects may require poi-
308.3.1 Garbage facilities. The owner of every dwelling soning the soil around the building. Severe insect
shall supply one of the following: an approved mechanical infestations may necessitate replacement of struc-
food waste grinder in each dwelling unit; an approved incin- tural members.
erator unit in the structure available to the occupants in each Evidence of a rodent infestation can include drop-
dwelling unit; or an approved leakproof, covered, outside pings, gnaw marks and oily rub stains (imprints left
garbage container. where the rodent’s body rubbed against the struc-
 The owner of any dwelling must provide a mechanical ture). Such infestations should be ordered extermi-
garbage disposal, an approved incinerator or enough nated. Additionally, corrective measures must be
containers to hold all garbage produced. taken to reduce the possibility of a reinfestation.
The storage of garbage in plastic bags is not 309.2 Owner. The owner of any structure shall be responsi-
allowed. Animals, rodents and vermin can easily ble for pest elimination within the structure prior to renting or
open such bags and spread the garbage stored in leasing the structure.
them. Garbage containers are to be placed outside of
the dwelling unit and be constructed of material that  The owner must eliminate all rodents and insects
is resistant to animals and rodents. The garbage con- before a building or portion of a building can be
tainers are to be covered with lids. rented or leased. Although it would appear easy to
308.3.2 Containers. The operator of every establishment enforce this provision, the reality is that a new occu-
producing garbage shall provide, and at all times cause to be pant may not notice any insect or rodent problems
utilized, approved leakproof containers provided with close- until after the building has been occupied. It may be
fitting covers for the storage of such materials until removed difficult and even impossible to determine if an infes-
from the premises for disposal. tation existed before the new occupants moved in.
One practical way to resolve this problem is to require
 The operators of restaurants and similar establish- the owner to have the building inspected for infesta-
ments that produce garbage are required to provide tions before occupancy.
sufficient numbers of containers to store the garbage 309.3 Single occupant. The occupant of a one-family dwell-
properly until such time that it is removed from the ing or of a single-tenant nonresidential structure shall be
premises. responsible for pest elimination on the premises.
Improper storage of animal and vegetable wastes
produces noxious odors and permits rodents and  In a single-family dwelling or a single-tenant nonresi-
other vermin access to the garbage. It also creates dential unit, the occupant of the unit—not the
potential health problems. owner—is responsible for maintaining the property

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GENERAL REQUIREMENTS

free of infestation. Accordingly, the code official Bibliography

should cite the occupant for rodent or insect infesta- The following resource materials were used in the prep-
tions. aration of the commentary for this chapter of the code:
309.4 Multiple occupancy. The owner of a structure contain-
ing two or more dwelling units, a multiple occupancy, a IBC-2012, International Building Code. Washington,
rooming house or a nonresidential structure shall be responsi- D.C.: International Code Council, 2011.
ble for pest elimination in the public or shared areas of the IRC-2012, International Residential Code. Washington,
structure and exterior property. If infestation is caused by D.C.: International Code Council, 2011.
failure of an occupant to prevent such infestation in the area
occupied, the occupant and owner shall be responsible for
pest elimination.
 The owners of public or shared areas in multiunit res-
idential and nonresidential buildings must eliminate
rodents and insects from the public or shared areas
of the structure and exterior property. If a single unit
in one of these buildings is infested, it is the owner
and occupant’s responsibility to provide for the exter-
mination.
309.5 Occupant. The occupant of any structure shall be
responsible for the continued rodent and pest-free condition
of the structure.
Exception: Where the infestations are caused by defects
in the structure, the owner shall be responsible for pest
elimination.
 Occupants must maintain their units in a clean and
sanitary manner, free of rodents. If the occupants fail
to maintain their unit, then they are responsible for all
pest elimination costs.
From a practical point of view, this section is diffi-
cult to enforce. Occupants who are going to be
charged pest elimination fees may move out before
paying such a fee. Unfortunately, once the unit is
vacant the owner becomes responsible for the pest
elimination. Because the owner is responsible for
correcting any defects in the structure (see Section
301.2), he or she is then responsible for any infesta-
tion caused by these defects.

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 Chapter 4:
Light, Ventilation and Occupancy Limitations
General Comments • Provision of adequate space for exercise and for
the play of children.
Chapter 4 establishes the minimum criteria for light and
ventilation and identifies occupancy limitations. Fundamental psychological needs:
Section 401 outlines the scope of Chapter 4 (i.e., min- • Provision of adequate privacy for the individual;
imum light, ventilation and space requirements). This • Provision of facilities that make possible the
section also establishes who is responsible for comply- performance of household tasks without undue
ing with the provisions of the chapter, permits alterna- physical and mental fatigue (adequate space and
tive arrangements of windows and other devices to sufficient ceiling heights reduce physical and
comply with the requirements for light and ventilation mental fatigue);
and prohibits certain room arrangements and occu-
pancy uses. • Protection against contagion; and
Requirements for light, ventilation and space have not • Provision of sufficient space in sleeping rooms to
always been incorporated in construction and occu- minimize the danger of contact infection.
pancy codes. In the United States, one of the first Protection against accidents:
attempts to establish criteria for light and ventilation
occurred with the passage of the 1867 Tenement Hous- • Provision of adequate facilities for escape in case
ing Act in New York City. A principal feature of the act of fire.
required sleeping rooms to communicate directly with Protection against overcrowding:
external air, or to have a ventilating window or transom • Provision for population controls can maintain
connected to a neighboring room or hall. neighborhood density, which can avoid overtaxing
In 1879, New York City passed a second Tenement public facilities such as parks and schools, and
Housing Act, which expanded the light and ventilation avoid accelerated wear of dwellings.
requirements of the 1867 law by mandating that win-
dows have an opening of at least 12 square feet (1.1 Habitable rooms require adequate light to assist
m2) in every room. Finally, New York City passed the occupants in providing for proper cleanliness and sani-
Tenement Housing Act of 1901, which required owners tation, and to reduce trip hazards. Well-lighted rooms
to provide additional lighting and ventilation to all tene- have a positive impact on mental health, while dark,
ments. Many other provisions also contributed to the dingy rooms can have the opposite effect.
health, safety and welfare of the occupants. Ventilation is defined as “the natural or mechanical
Light, ventilation and space requirements relate to process of supplying conditioned or unconditioned air
basic human needs. In its Basic Principles of Healthful to, or removing such air from, any space.” Ventilating air
Housing, the Committee on the Hygiene of Housing of into a space serves three functions:
the American Public Health Association (APHA) estab- • Combustion and makeup air for fuel-burning
lished several principles regarding the relationship of appliances is provided:
housing to health. These basic principles include sev- • Air being exhausted from the building through
eral that relate specifically to the need for adequate mechanical or natural means is replaced; and
light, ventilation and space, including physiological
needs, psychological needs and protection against dis- • Air movement within the structure is enhanced.
ease and accidents: Ventilation air exhausting from a structure also serves
Fundamental physiological needs: three functions:
• Provision of an atmosphere of reasonable • Excess moisture is eliminated;
chemical purity (proper ventilation removes • Unpleasant odors, toxic fumes, dirt, dust and other
chemicals from the home and work environment); particulate matter are removed; and
• Provision of adequate daylight illumination and • Air movement within the structure is enhanced.
avoidance of undue daylight glare; Oversized or improperly installed mechanical ventila-
• Provision for admission of direct sunlight (the tion can cause fuel-burning appliances to backdraft into
sun’s rays assist in killing germs); the structure and may cause toxic materials to be
• Provision of adequate artificial illumination and exhausted into inappropriate locations.
avoidance of glare; and Adequate space provides for the physical and mental
health of occupants. Crowded conditions have a nega-

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LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS

tive impact on occupants by preventing easy movement Purpose

throughout the dwelling. Crowded conditions may also
lead to accidents and injuries. Additionally, occupants Minimum light, ventilation and space requirements are
are subjected to an increase in the spread of disease based on the physiological and psychological impact of
and germs through sneezing and coughing. these factors on building occupants. The purpose of
Overcrowding may also have a negative effect on Chapter 4 is to set forth these requirements in the code
mental health. and to establish the minimum environment for occupi-
able and habitable buildings.

SECTION 401 shall not be included as contributing to the required minimum

GENERAL total window area for the room.
401.1 Scope. The provisions of this chapter shall govern the Exception: Where natural light for rooms or spaces with-
minimum conditions and standards for light, ventilation and out exterior glazing areas is provided through an adjoining
space for occupying a structure. room, the unobstructed opening to the adjoining room
 Buildings must comply with minimum criteria and con- shall be at least 8 percent of the floor area of the interior
ditions for light, ventilation and space. Specific room or space, but a minimum of 25 square feet (2.33 m2).
requirements are outlined in this chapter. The exterior glazing area shall be based on the total floor
area being served.
401.2 Responsibility. The owner of the structure shall pro-
vide and maintain light, ventilation and space conditions in  “Habitable space” is defined in Chapter 2. Habitable
compliance with these requirements. A person shall not spaces are those spaces that are normally consid-
occupy as owner-occupant, or permit another person to ered “inhabited” in the course of residential living and
occupy, any premises that do not comply with the require- provide the four basic characteristics of living, sleep-
ments of this chapter. ing, eating and cooking. Other spaces, such as halls
or utility rooms, are not considered habitable, but
 The owner is responsible for complying with all light, would in many instances be considered occupiable.
ventilation and space requirements established in this As stated in Section 401.3, the natural lighting
chapter. A noncomplying structure cannot be occu- requirements of this section are not required if artifi-
pied until it is brought into compliance with the crite- cial light is provided. Electric lighting is almost always
ria. provided. Where electric lighting is provided instead
401.3 Alternative devices. In lieu of the means for natural of natural lighting, the code official must rely on a light
light and ventilation herein prescribed, artificial light or meter to assess whether the illumination provided
mechanical ventilation complying with the International meets the criteria in the referenced building code.
Building Code shall be permitted. All habitable spaces must have at least one or
 Light and ventilation by artificial methods are permit- more windows and the total glazed area must equal
ted, such as electric lighting instead of natural light at least 8 percent of the floor area of the room they
and mechanical ventilation instead of natural ventila- serve [see Commentary Figure 402.1(1)].
tion. Electric lighting is permitted to replace the natu- Windows must face directly to the outdoors or to a
ral light requirements of Section 402. Mechanical court. Any window that faces a wall or other obstruc-
ventilation is permitted to replace the natural ventila- tion that is less than 3 feet (914 mm) from the window
tion requirements of Section 403. Any alternative and higher than the ceiling of the room cannot be
method approved by the code official must also com- included in calculating the minimum total window
ply with the installation and performance require- area needed for the room it serves [see Commentary
ments of the building code. Figure 402.1(2)].
The exception addresses a case where a space (or
room) has no glazed area open to the required courts
SECTION 402 or yards but is adjacent to one that does. The internal
LIGHT room may “borrow” natural lighting from the adjacent
space if the opening in the wall between the two
402.1 Habitable spaces. Every habitable space shall have at spaces is at least 8 percent of the floor area of the
least one window of approved size facing directly to the out- interior room but not less than 25 square feet (2.3
doors or to a court. The minimum total glazed area for every m2). The required glazed area facing the required
habitable space shall be 8 percent of the floor area of such court or yard is to be based on the total floor area of
room. Wherever walls or other portions of a structure face a all rooms served [see Commentary Figure 402.1(3)].
window of any room and such obstructions are located less In Commentary Figure 402.1(3), the glazed area
than 3 feet (914 mm) from the window and extend to a level opening onto a court or yard in the space provided
above that of the ceiling of the room, such window shall not with the openings must be greater than 8 percent of
be deemed to face directly to the outdoors nor to a court and the total floor areas served; therefore, in Commentary

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 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS

Figure 402.1(3), the glazed area in Space B is quate lighting in hallways and stairs is essential for
required to be equal to or greater than 0.08 (floor safe exiting in a fire emergency, reduces the chance
area of Space A + floor area of Space B). of injury due to falls during normal use and helps
The next step is to require the opening between the deter crime.
adjacent spaces to be a minimum of 25 square feet This section contains a prescriptive requirement
(2.3 m2), but not less than 0.08 multiplied by the floor [60-watt lightbulbs for every 200 square feet (19 m2)]
area of Space A. for ease of application and enforcement (see Com-
402.2 Common halls and stairways. Every common hall mentary Figure 402.2). It assumes a typical ceiling
and stairway in residential occupancies, other than in one- height of no more than 10 feet (3048 mm). Equivalent
and two-family dwellings, shall be lighted at all times with at illumination by means other than 60-watt incandes-
least a 60-watt standard incandescent light bulb for each 200 cent bulbs is explicitly permitted, and the code official
square feet (19 m2) of floor area or equivalent illumination, would establish equivalency by judgment or by actu-
provided that the spacing between lights shall not be greater ally measuring with a light meter. This lighting is
than 30 feet (9144 mm). In other than residential occupan- required to be provided at all times, since residential
cies, means of egress, including exterior means of egress, buildings are typically occupied at all times.
stairways shall be illuminated at all times the building space In all occupancy groups other than residential, a
served by the means of egress is occupied with a minimum of lower, minimum level of lighting [1 footcandle (11 lux)]
1 footcandle (11 lux) at floors, landings and treads. is required at all times when the building is occupied.
The [1 footcandle (11 lux)] threshold is consistent
 The intent of this section is to establish a minimum with the International Fire Code® (IFC®) and the Inter-
level of lighting in common halls and stairs of residen- national Building Code® (IBC®) for acceptable lighting
tial occupancies, such as apartment buildings. Ade- in means of egress components.

GLAZED AREA GLAZED AREA

8 SQ.FT. 8 SQ.FT.

BATH GLAZED AREA

GLAZED AREA 80 SQ.FT. 8 SQ.FT.
10 SQ.FT.

BEDROOM A
15O SQ.FT.

COMBINED LIVING/ BEDROOM B

DINING ROOM 180 SQ.FT.
358 SQ.FT.
KITCHEN
150 SQ.FT.

GLAZED AREA
10 SQ.FT.

GLAZED AREA
8 SQ.FT.
GLAZED AREA EACH
12 SQ.FT. EACH

(NOT TO SCALE)

IN THE ABOVE EXAMPLE, ALL ROOMS EXCEPT BEDROOM B HAVE SUFFICIENT

WINDOW AREA EQUAL TO AT LEAST 8 PERCENT OF THE ROOMS' FLOOR AREA.
BEDROOM B IS 180 SQ.FT. IN AREA, BUT THE WINDOW IS ONLY 8 SQ.FT.
BEDROOM B REQUIRES A MINIMUM WINDOW AREA OF 14.4 SQ.FT.; THEREFORE,
EITHER ANOTHER WINDOW MUST BE INSTALLED OR THE EXISTING WINDOW
MUST BE REPLACED WITH A LARGER WINDOW.
For SI: 1 square foot = 0.0929 m2.

Figure 402.1(1)
DETERMINATION OF MINIMUM GLAZED AREA

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LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS

ACCEPTABLE AS A SOURCE
OF NATURAL LIGHT

< 3'
NOT ACCEPTABLE FOR NOT ACCEPTABLE FOR
NATURAL LIGHT NATURAL LIGHT

IN THE DIAGRAM ABOVE, THE FIRST-FLOOR WINDOWS FACING

EACH OTHER ARE NOT ACCEPTABLE FOR PROVIDING NATURAL
LIGHT TO THEIR ROOMS. THE WINDOWS MUST FACE AN
OPEN SPACE AT LEAST 3 FEET AWAY FROM THE WINDOW.
OTHER METHODS OF ACCOMMODATING NATURAL LIGHT REQUIREMENTS
MUST BE CONSIDERED. PERHAPS AN INTERIOR WALL CAN BE
REMOVED TO COMBINE TWO ROOMS OR A WINDOW MAY BE
RELOCATED TO ANOTHER LOCATION THAT PROVIDES
UNOBSTRUCTED LIGHT.
For SI: 1 foot = 304.8 mm.

Figure 402.1(2)
DETERMINATION OF NATURAL LIGHT SOURCES

GLAZED AREAS

OPENING BETWEEN
ADJACENT ROOMS

SPACE B =
FLOOR AREA OF SPACE
WITH GLAZED OPENINGS

SPACE A =
FLOOR AREA OF ADJOINING
INTERIOR SPACE

Figure 402.1(3)
NATURAL LIGHT FROM ADJACENT SPACE

 No specific criteria for minimum light and ventilation

402.3 Other spaces. All other spaces shall be provided with are established for other spaces, such as storage and
natural or artificial light sufficient to permit the maintenance utility rooms, closets and mud rooms. All spaces,
of sanitary conditions, and the safe occupancy of the space however, must have enough light to maintain their
and utilization of the appliances, equipment and fixtures. cleanliness and to allow for the safe use of appli-
ances, equipment and fixtures located within them.

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 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS

9' = WIDE COMMON HALLWAY

APT. 1 APT. 2 APT. 3 APT. 4 APT. 5

APT. 10 APT. 9 APT. 8 APT. 7 APT. 6

125'

= LIGHT FIXTURE

THE HALLWAY AND STAIRS ARE 125 FEET LONG AND 9 FEET WIDE.
THE AREA COMPRISES 1,125 SQ.FT. THE HALLWAY, THEREFORE,
REQUIRES A MINIMUM OF SIX 60-WATT LIGHTS. NO LIGHT MAY
BE SPACED MORE THAN 30 FEET FROM ANY OTHER LIGHT.

For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.

Figure 402.2
COMMON HALLWAY LIGHTING

SECTION 403 sash is to be measured. The area of sashes, meeting

VENTILATION rails, mullions and muntins is to be deducted (see
403.1 Habitable spaces. Every habitable space shall have at Commentary Figure 403.1).
least one openable window. The total openable area of the The exception allows for rooms to “share” required
window in every room shall be equal to at least 45 percent of ventilation openings, as long as there are substantial
the minimum glazed area required in Section 402.1. interior openings between the rooms. The example
given in the commentary to Section 402.1 is applica-
Exception: Where rooms and spaces without openings to ble here.
the outdoors are ventilated through an adjoining room, the
unobstructed opening to the adjoining room shall be at 403.2 Bathrooms and toilet rooms. Every bathroom and toi-
least 8 percent of the floor area of the interior room or let room shall comply with the ventilation requirements for
space, but a minimum of 25 square feet (2.33 m2). The habitable spaces as required by Section 403.1, except that a
ventilation openings to the outdoors shall be based on a window shall not be required in such spaces equipped with a
total floor area being ventilated. mechanical ventilation system. Air exhausted by a mechani-
cal ventilation system from a bathroom or toilet room shall
 As stated in Section 401.3, mechanical ventilation is discharge to the outdoors and shall not be recirculated.
an acceptable alternative to the natural ventilation
requirements in this section. Most detached single-  All bathrooms and toilet rooms must have windows
family dwellings utilize natural ventilation. Every hab- that conform to the requirements of Section 402.1 for
itable room (see the definition of “Habitable space” in natural light and Section 403.1 for natural ventilation.
Chapter 2) must have one window that can be easily If a window is not provided or not large enough to
opened to provide natural ventilation. In order to sup- comply with the light and ventilation requirements of
ply adequate natural ventilation, workable windows these two sections, then an approved mechanical
must be capable of opening to at least 45 percent of vent may be used.
the minimum glazed area required for natural light, as Mechanical ventilation in dwelling unit bathrooms
established in Section 403.1 (see the definition of and toilet rooms is required to exhaust moisture-
“Openable area” in Chapter 2). The openable area laden air to the exterior. The vent must not terminate
should be measured when the window or door is in its in any attic or other closed space (see Commentary
full, open position. When determining openable area, Figure 403.2), which would allow moisture to con-
only the space between stops or between stops and dense on the building structure and lead to deteriora-
tion of the structure.

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LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS

403.3 Cooking facilities. Unless approved through the certif- appliance shall not be permitted to be present in the rooming
icate of occupancy, cooking shall not be permitted in any unit or dormitory unit.
rooming unit or dormitory unit, and a cooking facility or Exceptions:
1. Where specifically approved in writing by the code
official.
24"
24² 2. Devices such as coffee pots and microwave ovens
shall not be considered cooking appliances.
 Unless approval has been granted through a certifi-
3²

cate of occupancy, cooking is prohibited in dormitory

3"

or rooming units (see the definition of “Rooming unit”

in Chapter 2). Cooking equipment is prohibited in
these types of rooms, since cooking in sleeping areas
may create fire and health hazards, as well as odor
24²
24"

SASH and moisture problems.

Exception 1 provides for the allowance of cooking
48² 48"

in a rooming unit or a dormitory unit based on written

approval as granted by the code official. Such an
STOP allowance should take into consideration the types of
OPENABLE AREA food to be cooked and the heat source and conditions
5/8² JAMB
under which the cooking will be done. Requiring
5/8" JAMB
approval in writing verifies that there will be a trace-
able, verifiable record of the conditions of approval.
Such a record is useful in enforcing the conditions of
the approval. Exception 2 allows the use of coffee
SILL pots and microwave ovens in rooming units and dor-
OPENABLE AREA: mitory units. These types of appliances are typically
used for short periods of time, and are currently used
HEIGHT: (48² - 24² - 3²) = 21² in hotel and motel units without significant problems.
WIDTH: [24² - (2 × 5/8²)] = 22 ¾²
403.4 Process ventilation. Where injurious, toxic, irritating
21² HIGH × 22 ¾² WIDE = 3.3 SQ.FT
or noxious fumes, gases, dusts or mists are generated, a local
exhaust ventilation system shall be provided to remove the
contaminating agent at the source. Air shall be exhausted to
For SI: 1 inch =. 25.4 mm, 1 square foot = 0.0929 m2. the exterior and not be recirculated to any space.
Figure 403.1  A mechanical vent, hood or cabinet is required when
DETERMINATION OF OPENABLE AREA any process creates potentially hazardous fumes,

MECHANICAL
EXHAUSTS

BATH
BATH

MECHANICAL EXAUST FROM BATHROOMS

MUST TERMINATE OUTSIDE. THE VENT SHOULD NEITHER
RECIRCULATE AIR NOR TERMINATE IN THE
ATTIC OR OTHER INTERIOR SPACE.

Figure 403.2
BATHROOM EXHAUST

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 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS

gases or dust. The ventilation has to be located at the The outside loop in a condenser dryer consists of
source of the contamination and must exhaust either air or water. Some condenser dryer models are
directly to the exterior. The criteria for new exhaust air-cooled, and use the ambient room air as a heat
systems are found in the International Mechanical sink by blowing it across the outside of the heat
Code® (IMC®). If the exhausted air contains dust, dirt, exchanger. These dryers will tend to heat the indoor
chemicals or other contaminants, the exhaust may air in one’s laundry room significantly. Note, however,
require additional treatment to prevent contamination that only heat is released, and all moisture is con-
of the exterior air (see Commentary Figure 403.4). tained within the unit. The condensed water can be
403.5 Clothes dryer exhaust. Clothes dryer exhaust systems either pumped away to a drain line or stored in a con-
shall be independent of all other systems and shall be tainer within the dryer to be emptied later.
exhausted outside the structure in accordance with the manu-
facturer’s instructions.
SECTION 404
Exception: Listed and labeled condensing (ductless) OCCUPANCY LIMITATIONS
clothes dryers.
404.1 Privacy. Dwelling units, hotel units, housekeeping
 Clothes dryers are prohibited from exhausting into units, rooming units and dormitory units shall be arranged to
other ventilation or exhaust systems. Clothes dryers provide privacy and be separate from other adjoining spaces.
create large volumes of lint, dust and moisture that
 Privacy is a fundamental psychological need. Every
will clog or corrode any system not designed for this
person needs a space to relax, sleep and dress that
type of exhaust. Additionally, the exhaust gases are
is separate from public or common rooms. Walls, cor-
hot and may contain combustion products. Improper
ridors and doors should be arranged to offer the
or inadequate provisions for exhaust may create a
occupants their own private space.
fire and health hazard.
Manufacturers’ installation instructions must be fol- 404.2 Minimum room widths. A habitable room, other than
lowed when exhausting clothes dryers. The exception a kitchen, shall be a minimum of 7 feet (2134 mm) in any
recognizes condensing ductless clothes dryers. Typi- plan dimension. Kitchens shall have a minimum clear pas-
cally, in a condenser dryer, there are two separate sageway of 3 feet (914 mm) between counterfronts and appli-
loops. The inside loop of air that is sealed from the ances or counterfronts and walls.
outside loop of environment air from within the drum  To prevent the use of inadequately sized rooms for
is heated, then blown through the tumbling clothes, living space, the code establishes a minimum dimen-
then the moisture-laden air is passed through a heat sion of 7 feet (2134 mm) at the narrowest width of all
exchanger, where the water recondenses. The same habitable rooms, except kitchens. Narrow rooms do
dry air is then reheated, where it is again blown not allow for the installation of furniture without unduly
through the drum and clothes, and the cycle begins obstructing passageways through the rooms.
again.

EXHAUST VENTS

VENT HOOD

PAINT
BOOTH
WELDING
BENCH

PROCESS VENTILATION MUST BE LOCATED IN A

POSITION TO PREVENT FUMES FROM PERMEATING
THE GENERAL ATMOSPHERE OF THE INTERIOR SPACES.

Figure 403.4
PROCESS VENTILATION

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LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS

Kitchens require only 3 feet (914 mm) of clearance Example: A bedroom of 175 square feet (16.3 m2)
between countertops and appliances or countertops would be required to have a 7-foot-high (2134 mm)
and walls. Kitchens are not expected to be occupied ceiling over no less than 23.3 square feet (2.2 m2) of
for long periods of time, nor is it expected that kitch- the room area. The minimum required area of a bed-
ens will be occupied by a large number of persons at room is 70 square feet (6.5 m2) (see Section 404.4.1);
any one time. one-third of the required 70 square feet (6.5 m2) is
404.3 Minimum ceiling heights. Habitable spaces, hall- 23.3 square feet (2.2 m2).
ways, corridors, laundry areas, bathrooms, toilet rooms and 404.4 Bedroom and living room requirements. Every bed-
habitable basement areas shall have a minimum clear ceiling room and living room shall comply with the requirements of
height of 7 feet (2134 mm). Sections 404.4.1 through 404.4.5.
Exceptions:  The size of bedrooms and living rooms in a dwelling
1. In one- and two-family dwellings, beams or girders unit are a determining factor in the comfort and safety
spaced a minimum of 4 feet (1219 mm) on center of occupants. As such, the code establishes mini-
and projecting a maximum of 6 inches (152 mm) mum sizes and restricts certain configurations in
below the required ceiling height. regard to bathrooms, means of egress and other hab-
itable rooms.
2. Basement rooms in one- and two-family dwellings
occupied exclusively for laundry, study or recreation 404.4.1 Room area. Every living room shall contain at least
purposes, having a minimum ceiling height of 6 feet 120 square feet (11.2 m2) and every bedroom shall contain a
8 inches (2033 mm) with a minimum clear height of minimum of 70 square feet (6.5 m2) and every bedroom occu-
6 feet 4 inches (1932 mm) under beams, girders, pied by more than one person shall contain a minimum of 50
ducts and similar obstructions. square feet (4.6 m2) of floor area for each occupant thereof.
3. Rooms occupied exclusively for sleeping, study or  The smallest living room allowed is 120 square feet
similar purposes and having a sloped ceiling over all (11.1 m2). Utilizing the minimum room width of 7 feet
or part of the room, with a minimum clear ceiling (2134 mm) would result in a living room size of
height of 7 feet (2134 mm) over a minimum of one- approximately 7 feet by 17 feet (2134 mm by 5182
third of the required minimum floor area. In calcu- mm). A more functional room size would perhaps be
lating the floor area of such rooms, only those por- 10 feet by 12 feet (3048 mm by 3658 mm). The small-
tions of the floor area with a minimum clear ceiling est bedroom allowed is 70 square feet (6.5 m2). This
height of 5 feet (1524 mm) shall be included. is barely enough space for a regular-sized bed and
dresser. If a bedroom is intended to accommodate
 Sufficient ceiling heights are necessary to provide an more than one person, the room must have at least
adequate volume of air for occupants in closed 50 square feet (4.6 m2) per person. A sleeping room
spaces and to provide for their psychological well- for two people must contain at least 100 square feet
being. The height requirements are established by (9.3 m2), for three, 150 square feet (13.9 m2) and so
this section. on. Inadequate sleeping space may increase the
To accommodate various conditions, the code spread of communicable diseases, reduce privacy
establishes exceptions that permit a reduction in ceil- and provide insufficient space for clothes, furniture
ing height within limited conditions. These exceptions and other personal belongings (see the commentary
include the following: to Section 404.5 for examples of the application of
Exception 1 makes provisions for beams and gird- the requirements of this section).
ers to extend into the required minimum height. This
is consistent with the IBC and the International Resi- 404.4.2 Access from bedrooms. Bedrooms shall not consti-
tute the only means of access to other bedrooms or habitable
dential Code® (IRC®) requirements, which allow this
type of projection to accommodate structural mem- spaces and shall not serve as the only means of egress from
other habitable spaces.
bers.
Exception 2 is included to permit the use of existing Exception: Units that contain fewer than two bedrooms.
basements with low headroom. It is anticipated that  Every occupant must be provided with privacy in his
these rooms will be used only occasionally and will or her sleeping room. The need for privacy may lead
not adversely affect the occupants’ health or safety. occupants to lock or barricade doors in certain situa-
Exception 3 is included to accommodate the many tions; therefore, if the only access to other habitable
one and one-half story houses that have the sloped spaces or the means of egress is through a bedroom,
attic area finished into bedrooms and similar uses. there is a possibility that the only way out of a dwell-
Similar to the previous exception, the 7-foot-high ing unit may be blocked in an emergency situation.
(2134 mm) ceiling must extend over one-third of the Even without an emergency, occupants may be seri-
required area established in Section 404.4.1. Thus, if ously inconvenienced in their movement about the
a room is larger than the minimum required size for dwelling unit. Bedrooms, therefore, must be arranged
its use, the 7-foot-high (2134 mm) portion may be so that other occupants and guests do not have to
less than one-third of the room’s actual floor area. pass through one bedroom to get to another bedroom

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 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS

or other habitable spaces (see Commentary Figure acceptable minimum standard for the convenience of
404.4.2). Additionally, dwelling units must be config- occupants.
ured such that occupants can egress from any habit- 404.4.4 Prohibited occupancy. Kitchens and nonhabitable
able room in the dwelling unit without passing through spaces shall not be used for sleeping purposes.
a bedroom. The exception would permit a dwelling
unit with only one bedroom to have an arrangement  The code prohibits kitchens, interior public areas and
where the only access to habitable rooms or the nonhabitable spaces from being used as bedrooms.
means of egress is through the bedroom. It is These spaces provide neither privacy nor safety.
assumed in this case that only the occupants of the Such rooms may also lack adequate light, ventilation,
bedroom will require access to other rooms or the fire exits and sufficient habitable space.
means of egress. This section provides the code official with another
tool to control overcrowding problems.
404.4.3 Water closet accessibility. Every bedroom shall
have access to at least one water closet and one lavatory with- 404.4.5 Other requirements. Bedrooms shall comply with
out passing through another bedroom. Every bedroom in a the applicable provisions of this code including, but not lim-
dwelling unit shall have access to at least one water closet and ited to, the light, ventilation, room area, ceiling height and
lavatory located in the same story as the bedroom or an adja- room width requirements of this chapter; the plumbing facili-
cent story. ties and water-heating facilities requirements of Chapter 5;
the heating facilities and electrical receptacle requirements of
 Every occupant of a bedroom must have access to a Chapter 6; and the smoke detector and emergency escape
water closet without having to pass through another requirements of Chapter 7.
room used as a bedroom. Readily accessible water
closets are important for privacy. Occupants should  Sections 404.4.1 through 404.4.5 do not contain all
be able to use bathroom facilities without compromis- the code requirements that pertain to bedrooms. Bed-
ing their modesty or the privacy of the occupants in a rooms are habitable rooms (see the definition and
bedroom. The requirement that every bedroom be commentary for “Habitable room” in Chapter 2) and
served by a water closet and lavatory on the same as such are subject to all the code requirements that
floor level or on an adjacent level is considered an apply to habitable rooms. The purpose of this section
is to alert the code user to requirements for bedrooms

LIVING ROOM KITCHEN THIS BEDROOM ARRANGEMENT IS

NOT ACCEPTABLE. OCCUPANT MUST
PASS THROUGH BEDROOM A TO
BEDROOM A BEDROOM B REACH BEDROOM B.

LIVING ROOM
THIS BEDROOM ARRANGEMENT IS
HALLWAY ACCEPTABLE. THE OCCUPANT OF
BEDROOM B CAN GAIN ACCESS
BEDROOM A BEDROOM B TO THE BEDROOM WITHOUT
PASSING THROUGH BEDROOM A.

Figure 404.4.2
BEDROOM ACCESS

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LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS

that are located in other sections and chapters of the pants shown on the application to be checked against
code. In particular, see the following sections of the the maximum occupancy of the dwelling unit as
code and the associated commentary: determined by an inspection [see Commentary Fig-
• Section 402.1 for minimum light requirements; ure 404.5(1)].
Some floor plan arrangements would allow the din-
• Section 403.1 for minimum ventilation ing and living room areas to be considered as com-
requirements; bined dining/living/sleeping rooms. To illustrate the
• Section 404.2 for minimum room width; alternative analytical approach for the maximum
• Section 404.3 for minimum ceiling height; number of occupants, consider the following example
• Section 503.2, which prohibits a toilet room from in which two analyses will be made: first, assuming
being the only passageway to a hall or other that only the three bedrooms are used for sleeping
space from a bedroom; purposes; and second, assuming that the living/din-
ing area is to be counted as providing sleeping space
• Section 505.4, which requires a provision for [see Commentary Figure 404.5(2) for an example of
combustion air in bedrooms that contain a fuel- an arrangement where the access to the kitchen is
burning water heater; not through the dining/living room]. The requirement
• Sections 602.2 and 602.5 for minimum heat of Section 404.4.2, therefore, would be met and the
required in a bedroom; maximum occupant load would be the highest of the
• Section 605.2, which requires at least two following two analyses.
separate and remote receptacle outlets in each ANALYSIS 1 OCCUPANT LOAD ANALYSIS WITH
bedroom; NO COMBINED SLEEPING ROOM USAGE
• Section 702.4 for required emergency escape 1. Sleeping space: Section 404.4.1 indicates that
windows and doors in bedrooms; and 70 square feet (6.5 m2) is required for a room
• Section 704 for required smoke detectors in the occupied by one person and 50 square feet
vicinity of the bedrooms. (4.6 m2) per person is required for a room occu-
404.5 Overcrowding. Dwelling units shall not be occupied pied by more than one person. In this example,
by more occupants than permitted by the minimum area we arrive at the following:
requirements of Table 404.5.
ACTUAL AREA ALLOWABLE NO.
 Overcrowding is often a problem in rental properties SLEEPING AREAS (SQUARE FEET) OF OCCUPANTS
and in small, single-family dwellings. It can create Bedroom 1 113 2
serious problems; for example, disease spreads
Bedroom 2 127 2
more easily, privacy is lost, mental health is affected
and buildings are subject to more abuse and wear. Bedroom 3 92 1
Overcrowding can have a destructive effect on a For SI: 1 square foot = 0.0929 m2.
whole neighborhood if it takes place in several At this point the maximum possible occupant
houses on the same block or in several units in the load is five. It can be no higher due to lack of
same apartment building. Reducing overcrowding will additional sleeping space.
reduce related health and safety hazards.
The code requires all types of dwelling units to com- 2. Living, dining and kitchen space: Table 404.5
ply with the occupancy area requirements. There is no establishes the minimum required areas that
exception for owner-occupied houses; however, over- will accommodate various numbers of occu-
crowding of owner-occupied, single-family residences pants. By using Table 404.5, the following is
requires the careful thought and judgement of the code derived:
official to determine an appropriate course of action.
Proving that a building is overcrowded may be diffi- ACTUAL AREA ALLOWABLE NO.
SPACE (SQUARE FEET) OF OCCUPANTS
cult. Tenants may lie about the number of occupants
in their unit to avoid eviction. To determine the num- Living room 220 6 or more
ber of occupants, the code official may try to count Dining room 100 6 or more
beds or the names on mailboxes. Neighbors may For SI: 1 square foot = 0.0929 m2.
also provide valuable information about the number 3. Maximum allowable number of occupants: The
of occupants and may be able to tell when the occu- actual living, dining and kitchen areas provide
pants are most likely to be home. It may be neces- the maximum required space for six or more
sary to conduct inspections during the evening hours occupants; therefore, the maximum allowable
in order to find an adult occupant at home. School number of occupants based on this analysis,
enrollment records can also provide information on which is five occupants, is governed by the
overcrowding. sleeping space provided.
Some communities have laws requiring that an In this case, the living, dining and kitchen
occupancy permit be issued before a dwelling unit areas provide the minimum required space for
can be occupied. This allows the number of occu-

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 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS

any number of occupants. As such, if Bedroom living/dining/sleeping, as long as the room meets the
3 were 100 square feet (9.3 m2) rather than 90 requirements for each intended use. In this example,
square feet (8.4 m2), the maximum allowable the living/dining room could be considered a
occupant load would be six, rather than five, combined living/dining/sleeping room.
because Bedroom 3 would provide adequate When determining the maximum occupant load for
sleeping space for two occupants. a combined living/sleeping or living/dining/sleeping
ANALYSIS 2 OCCUPANT LOAD ANALYSIS WITH room, Section 404.5.1 mandates that the minimum
areas required by Table 404.5 are not to be included
COMBINED LIVING/DINING/SLEEPING SPACE
as sleeping areas; therefore, if the combined living/
It was previously determined that the bedrooms dining/sleeping room were used by one person for
provide sleeping space for five occupants and the sleeping, at least 70 square feet (6.5 m2) is
living, dining and kitchen areas are adequate for any necessary (Section 404.4.1), leaving 250 square feet
number of occupants; however, the code does not (23.2 m2) available for combined living/dining
prohibit the dual use of a room as living/sleeping or

For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.

Figure 404.5(1)
MAXIMUM OCUPANCY LOAD IN DWELLINGS

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LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS

purposes [320 square feet (29.7 m2) total minus 70 code official is to use this table to determine if a resi-
square feet (6.5 m2) equals 250 square feet (23.2 dence is overcrowded (see the commentary to Sec-
m2)]. Table 404.5 and Section 404.5.2 would allow a tion 404.5 for examples of the application of this
combined living/dining room of 250 square feet (23.2 table).
m2) to accommodate any number of occupants (six 404.5.1 Sleeping area. The minimum occupancy area
or more), which is the same as the first example. The required by Table 404.5 shall not be included as a sleeping
total number of occupants for which a sleeping area area in determining the minimum occupancy area for sleep-
is provided is now a maximum of six (the bedrooms ing purposes. All sleeping areas shall comply with Section
accommodate five and the combined living/dining/ 404.4.
sleeping room accommodates one); therefore, the
maximum allowable occupant load based on this  The purpose of this section is to prohibit the dual use
analysis would be six. of dining rooms and living rooms as sleeping rooms,
In this example the combined living/dining/sleeping unless they are of sufficient size to incorporate the
room would be subject to all requirements for minimum required space for sleeping, in addition to
sleeping areas, including emergency escape the minimum required space for the dining or living
windows (Section 702.4) and smoke detectors room areas listed in Table 404.5. For example, if a
(Section 704). dwelling is occupied by five people and one person is
using the living room as a sleeping area, the mini-
TABLE 404.5
MINIMUM AREA REQUIREMENTS mum required size of the living room would be 190
MINIMUM AREA IN SQUARE FEET
square feet (17.7 m2). This is based on 120 square
SPACE 1-2 occupants 3-5 occupants 6 or more occupants
feet (11.1 m2) for the living room, in accordance with
Table 404.5, and 70 square feet (6.5 m2) for the sin-
Living rooma, b 120 120 150 gle-occupant sleeping area, in accordance with Sec-
a, b
Dining room No tion 404.4.1.
80 100
requirement The code does not prohibit a living or dining room
Bedrooms Shall comply with Section 404.4.1 from serving a dual purpose as a sleeping area; how-
ever, the room must be sized to accommodate both
For SI: 1 square foot = 0.093 m2.
functions (see the commentary to Section 404.5 for
a. See Section 404.5.2 for combined living room/dining room spaces.
b. See Section 404.5.1 for limitations on determining the minimum
additional examples of calculating the maximum
occupancy area for sleeping purposes. allowable occupant load in dwellings where certain
rooms are used for dual purposes).
 Table 404.5 establishes the minimum room sizes and
the maximum occupant loads for living spaces. The

For SI: 1 square foot = 0.0929 m2.

Figure 404.5(2)
COMBINED LIVING/DINING/SLEEPING ROOM EXAMPLE

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 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS

404.5.2 Combined spaces. Combined living room and dining establishes the maximum occupant load as three.
room spaces shall comply with the requirements of Table There are no minimum floor areas required in the
404.5 if the total area is equal to that required for separate kitchen or bathroom—there is enough space for the
rooms and if the space is located so as to function as a combi- installation of the required fixtures or appliances in
nation living room/dining room. each room, and the specified working spaces for the
kitchen.
 When a living room and a dining room are combined
into one room, the combined areas must equal the 404.7 Food preparation. All spaces to be occupied for food
sum of the minimum required area of each separate preparation purposes shall contain suitable space and equip-
room established by Table 404.5. (see Analysis 2 in ment to store, prepare and serve foods in a sanitary manner.
the commentary to Section 404.5 for further illustra- There shall be adequate facilities and services for the sanitary
tion). disposal of food wastes and refuse, including facilities for
temporary storage.
404.6 Efficiency unit. Nothing in this section shall prohibit
an efficiency living unit from meeting the following require-  Kitchens must be provided with stoves, ovens, refrig-
ments: erators, freezers, cabinets, countertops and drawers
1. A unit occupied by not more than one occupant shall in sufficient quantity and in a condition that the occu-
have a minimum clear floor area of 120 square feet pants can store their food safely and at appropriate
(11.2 m2). A unit occupied by not more than two occu- temperatures to protect the food. All equipment must
pants shall have a minimum clear floor area of 220 be constructed and maintained so that it can be
square feet (20.4 m2). A unit occupied by three occu- cleaned.
pants shall have a minimum clear floor area of 320 Food preparation areas must also be provided with
square feet (29.7 m2). These required areas shall be garbage disposals or containers that permit the safe
exclusive of the areas required by Items 2 and 3. temporary storage of garbage and refuse. Containers
should be constructed and maintained to prevent
2. The unit shall be provided with a kitchen sink, cooking insect and rat infestations.
appliance and refrigeration facilities, each having a
minimum clear working space of 30 inches (762 mm) Bibliography
in front. Light and ventilation conforming to this code
shall be provided. The following resource materials were used in the prep-
aration of the commentary for this chapter of the code:
3. The unit shall be provided with a separate bathroom
containing a water closet, lavatory and bathtub or Basic Principles of Healthful Housing. New York: Amer-
shower. ican Public Health Association, Committee on the
Hygiene of Housing, 1939.
4. The maximum number of occupants shall be three.
IBC-2012, International Building Code. Washington,
 Efficiency units are typically very small apartments
D.C.: International Code Council, 2011.
consisting of one or two rooms and a bathroom. Effi-
ciency units that comply with this section are not IFC-2012, International Fire Code. Washington, D.C.:
required to comply with the minimum area require- International Code Council, 2011.
ments for bedrooms in Section 404.4. The total allow- IMC-2012, International Mechanical Code. Washington,
able number of occupants in the dwelling, however, is D.C.: International Code Council, 2011.
limited to two or three, depending on the area of the
unit. The purpose of efficiency units and this section IRC-2012, International Residential Code. Washington,
is to provide for combined use of spaces in an eco- D.C.: International Code Council, 2011.
nomical or “efficient” manner without jeopardizing
health or comfort. This is possible because of the limit
of total occupants to two or three persons.
Item 1 establishes the minimum required area
based on the number of occupants. The item states
that these areas are exclusive of the areas required
by Items 2 and 3. For example, Item 2 requires that
the kitchen be provided with (as a minimum) a sink,
cooking appliance and a refrigerator. It further
requires that each of these have a 30-inch (762 mm)
clear working space in front of the fixture or appli-
ance. The space taken up by the appliance and the
required clear working space of 30 inches (762 mm)
in front of each appliance cannot be included in the
minimum required floor space in Item 1 (see the last
sentence of Item 1). Similarly, the floor area of the
bathroom required in Item 3 is not included in the
minimum required floor space in Item 1. Lastly, Item 4

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 Chapter 5:
Plumbing Facilities
and Fixture Requirements
General Comments Principle No.5 Dangers of Explosion or Overheating
Chapter 5 establishes the minimum criteria for the Devices for heating and storing water shall be
installation, maintenance and location of plumbing sys- designed and installed so as to guard against
tems and facilities, including the water supply system, dangers from explosion or overheating.
water-heating appliances, sewage disposal system and Principle No. 6 Use Public Water and Sewers Where
related plumbing fixtures. Existing plumbing installations Available
may present unique inspection problems for the code
official. Almost all installations are concealed by finished Every building with installed plumbing fixtures
walls, ceilings and floors. The code official must inspect intended for human habitation, occupancy or use and
the visible portions of the system and assess the located where there is a public water supply and
acceptability of the whole installation. To help the code sewer service shall have a connection with the water
official make suitable judgments, a foundation of basic supply and sewer.
principles may aid in the enforcement process. The fol- Principle No. 7 Required Plumbing Fixtures
lowing is a listing of 23 basic principles of environmental
sanitation and safety for the design, installation and Each family dwelling unit shall have at least one
maintenance of plumbing systems, which establish the water closet, one lavatory, one kitchen-type sink and
fundamental concepts behind health and safety regula- one bathtub or shower to meet the basic
tions for plumbing systems. Knowing these principles requirements of sanitation and personal hygiene. All
aids in understanding the code requirements, which other structures for human occupancy or use shall be
leads to more effective code enforcement. equipped with sufficient sanitary facilities as
prescribed in the code, but with no less than one
Principle No. 1 All Occupied Premises Shall Have water closet and lavatory.
Potable Water
Principle No. 8 Smooth Surfaces Required
All buildings, structures and premises intended for
human habitation, occupancy, use or employment, or Plumbing fixtures shall be made of durable, smooth,
the preparation or processing of food, drinks or other nonabsorbent and corrosion-resistant material and
materials for human consumption shall be provided shall be free from concealed fouling surfaces.
with an adequate, safe and potable water supply Principle No. 9 Drainage System of Adequate Size
through a safe system of piping to all fixtures,
The drainage system shall be designed, constructed
appliances and appurtenances. Such a water supply
and maintained to guard against fouling, deposit of
must not be connected to an unsafe water source,
solids and clogging, and with adequate cleanouts
nor shall it be subjected to the hazards of backflow.
arranged so that the pipes may be readily cleaned.
Principle No. 2 Adequate Water Required
Principle No. 10 Durable Materials and Good Work-
Plumbing fixtures, devices and appurtenances shall manship
be supplied with water in sufficient volume and at
The piping of the plumbing system shall be of durable
pressures adequate to enable them to function
material, free from defective workmanship and
properly and without undue noise under normal
designed and constructed so as to give satisfactory
conditions of use.
service for its reasonably expected life.
Principle No. 3 Hot Water Required
Principle No. 11 Liquid Seal Traps Required
Hot water shall be supplied to all plumbing fixtures
Each fixture directly connected to the drainage
that normally need or require hot water for their
system shall be equipped with a liquid seal trap.
proper use and function.
Principle No. 12 Trap Seals Must Be Protected
Principle No. 4 Water Conservation
The drainage system shall be designed to provide
Plumbing shall be designed and adjusted to use the
adequate circulation of air in all pipes without danger
minimum quantity of water consistent with proper
of siphonage, aspiration or forcing of trap seals under
performance and cleaning.
conditions of ordinary use.

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PLUMBING FACILITIES AND FIXTURE REQUIREMENTS

Principle No. 13 Exhaust Foul Air to Outside building sewage by an approved method of treatment
and disposal.
Each vent terminal shall be extended to the outdoors,
and be installed so as to minimize the possibilities of Principle No. 19 Prevent Sewer Flooding
clogging and the return of foul air to the building. Where a plumbing drainage system is subject to
Principle No. 14 Test the Plumbing System backflow of sewage from the public sewer, provisions
shall be made to prevent its overflow into the
The plumbing system shall be subjected to tests that
building.
will effectively disclose all leaks and defects in the
work or material. Principle No. 20 Proper Maintenance
Principle No. 15 Exclude Certain Substances from Plumbing systems shall be maintained in a safe and
the Plumbing System serviceable condition from the standpoints of both
mechanics and health.
Storm, surface or ground water or any substance that
will clog or accentuate clogging of pipes, produce Principle No. 21 Fixtures Shall Be Accessible
explosive mixtures, destroy the pipes or their joints or All plumbing fixtures shall be installed with regard to
interfere unduly with the sewage disposal process spacing so as to be accessible for their intended use
shall not be allowed to enter the building drainage and for cleansing.
system.
Principle No. 22 Structural Safety
Principle No. 16 Prevent Contamination
Plumbing shall be installed with due regard to
Proper protection shall be provided to prevent preservation of the strength of structural members
contamination of food, water, sterile goods and and prevention of damage to walls and other
similar materials from backflow of sewage. When surfaces through fixture usage.
necessary, the fixture, device or appliance shall be
connected indirectly with the building drainage Principle No. 23 Protect Ground and Surface Water
system. Sewage or other waste shall not be discharged into
Principle No. 17 Light, Heat and Ventilation surface or subsurface water unless it has first been
subjected to an approved form of treatment.
A water closet, urinal, lavatory, bathtub or shower
shall not be located in a room or compartment that is
not properly lighted, heated and ventilated in Purpose
accordance with accepted practice. Sanitary and clean conditions in occupied buildings are
Principle No. 18 Individual Sewage Disposal dependent upon certain basic plumbing principles,
Systems including providing potable water to a building, providing
fixtures to utilize that water and removing waste from
If water closets or other plumbing fixtures are the building. Chapter 5 establishes the minimum criteria
installed in buildings where there is not a public to verify that these principles are maintained throughout
sewer, provisions shall be made for disposing of the the life of a building.

SECTION 501 occupy any structure or premises which does not comply with
GENERAL the requirements of this chapter.
501.1 Scope. The provisions of this chapter shall govern the  The owner is responsible for complying with the
minimum plumbing systems, facilities and plumbing fixtures requirements of this chapter. A structure must not be
to be provided. occupied if the plumbing systems or facilities do not
 Buildings must comply with the minimum criteria for conform to the minimum code requirements.
the provisions of plumbing systems, facilities and fix-
tures established by this chapter. Any structure that
does not conform to these criteria is in violation of the SECTION 502
code and is subject to all penalties established by the REQUIRED FACILITIES
jurisdiction as indicated in Section 106. [P] 502.1 Dwelling units. Every dwelling unit shall contain
501.2 Responsibility. The owner of the structure shall pro- its own bathtub or shower, lavatory, water closet and kitchen
vide and maintain such plumbing facilities and plumbing fix- sink which shall be maintained in a sanitary, safe working
tures in compliance with these requirements. A person shall condition. The lavatory shall be placed in the same room as
not occupy as owner-occupant or permit another person to the water closet or located in close proximity to the door lead-
ing directly into the room in which such water closet is

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 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS

located. A kitchen sink shall not be used as a substitute for mum number of plumbing facilities established in the
the required lavatory. International Plumbing Code® (IPC®).
 Every dwelling unit is to have at least one water [P] 502.4.1 Drinking facilities. Drinking facilities shall be a
closet, one lavatory, one kitchen-type sink and one drinking fountain, water cooler, bottled water cooler or dis-
bathtub or shower to meet the basic requirements for posable cups next to a sink or water dispenser. Drinking facil-
sanitation and personal hygiene. ities shall not be located in toilet rooms or bathrooms.
The lavatory must be located in the same room as  To reduce the potential of contaminating the water,
or near the door that leads to the water closet. This drinking facilities must be separate from toilet rooms
requirement makes it convenient for occupants to or bathrooms. Water shall be provided by a drinking
wash their hands after using the water closet, which fountain, water cooler, bottled water cooler or dispos-
is good practice for personal hygiene and greatly able cups located next to a sink or water dispenser.
reduces the spread of germs and bacteria. The requirement for disposable cups should be
The required kitchen sink is intended to provide monitored, as many diseases are transmitted through
separate facilities for food preparation and dishwash- shared, unwashed or unsanitized eating and drinking
ing and is not intended for hand cleansing after using utensils.
the toilet facilities, thus reducing the likelihood of con-
tamination of surfaces that are subject to contact with [P] 502.5 Public toilet facilities. Public toilet facilities shall
food. be maintained in a safe sanitary and working condition in
accordance with the International Plumbing Code. Except for
[P] 502.2 Rooming houses. At least one water closet, lava- periodic maintenance or cleaning, public access and use shall
tory and bathtub or shower shall be supplied for each four be provided to the toilet facilities at all times during occu-
rooming units. pancy of the premises.
 Rooming houses with shared bathroom and toilet  The purpose of this section is to establish minimum
facilities must conform to the following minimum num- maintenance provisions for public toilet facilities and
ber of fixtures: one water closet, one lavatory and one to ensure the availability of these facilities to the pub-
bathtub or shower (i.e., one bathroom group) for each lic at all times the building is occupied.
four rooming units, or portion thereof.
For example, a house with 22 rooming units
requires at least six bathroom groups of plumbing fix- SECTION 503
tures (22 ÷ 4 = 5.5; rounded up to 6). TOILET ROOMS
[P] 502.3 Hotels. Where private water closets, lavatories and [P] 503.1 Privacy. Toilet rooms and bathrooms shall provide
baths are not provided, one water closet, one lavatory and one privacy and shall not constitute the only passageway to a hall
bathtub or shower having access from a public hallway shall or other space, or to the exterior. A door and interior locking
be provided for each ten occupants. device shall be provided for all common or shared bathrooms
 Hotels with guestrooms that share bathroom and toi- and toilet rooms in a multiple dwelling.
let facilities must conform to the following minimum  To protect human dignity and modesty, all toilet
number of fixtures: one water closet, one lavatory and rooms and bathrooms must afford privacy. Where toi-
one bathtub or shower for each 10 occupants, or por- let rooms or bathrooms are shared by building occu-
tion thereof. pants in dormitories or boarding houses, there is to
For example, a hotel with 22 occupants requires a be a door with a locking device either for each water
minimum of three water closets, three lavatories and closet compartment in a toilet room/bathroom or that
three bathtubs or showers, or a combination of three controls access to the toilet room/bathroom.
bathtubs and showers (22 ÷ 10 = 2.2; rounded up to Passage through bathrooms and toilet rooms to get
3). to other rooms, spaces, corridors or the exterior is
[P] 502.4 Employees’ facilities. A minimum of one water inconvenient and could also jeopardize the means of
closet, one lavatory and one drinking facility shall be avail- egress because of locked doors, wet floors and
able to employees. obstructions.
[P] 503.2 Location. Toilet rooms and bathrooms serving
 To provide employees with sufficient sanitary facili- hotel units, rooming units or dormitory units or housekeeping
ties, every place of employment is to have at least units, shall have access by traversing a maximum of one
one water closet, one lavatory and one drinking facil- flight of stairs and shall have access from a common hall or
ity. passageway.
This is a minimum requirement that provides the
employees with at least one toilet room for their use.  Occupants of hotel units, rooming units, dormitory
Obviously, the number of employees working for a units or housekeeping units should not have to travel
company will affect the adequacy of providing only beyond the next adjacent story or pass through
one water closet and one hand sink. When economi- another occupant’s unit to gain access to a bathroom
cally and physically practical, the code official should or toilet facility. Convenient access to facilities is a
encourage a place of employment to install the mini- basic necessity for their use and maintenance.

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[P] 503.3 Location of employee toilet facilities. Toilet facil- they cannot be adequately cleaned. Kitchen sinks
ities shall have access from within the employees’ working and lavatories that have defects that prevent them
area. The required toilet facilities shall be located a maximum from being kept clean increase the likelihood that dis-
of one story above or below the employees’ working area and ease-causing organisms can be spread to food
the path of travel to such facilities shall not exceed a distance sources or from person to person. Fixtures with struc-
of 500 feet (152 m). Employee facilities shall either be sepa- tural cracks can fail suddenly, possibly causing per-
rate facilities or combined employee and public facilities. sonal injury and further property damage.
Exception: Facilities that are required for employees in [P] 504.2 Fixture clearances. Plumbing fixtures shall have
storage structures or kiosks, which are located in adjacent adequate clearances for usage and cleaning.
structures under the same ownership, lease or control,  Inadequate clearance between fixtures and adjacent
shall not exceed a travel distance of 500 feet (152 m) from surfaces can create confined spaces that allow dis-
the employees’ regular working area to the facilities. ease and odor-causing bacteria to multiply. For
 Employers are required to provide toilet facilities for proper sanitation, the fixture must have sufficient
employees within the employees’ regular work areas. clearances for proper use and cleaning.
Employees should not have to travel more than 500 Although the code does not specify exact clear-
feet (152 m) or beyond the next adjacent story to ances between fixtures and adjacent surfaces, the
reach the toilet room. code official must use good judgment and must
Employee toilet facilities can be for employees’ use review the required clearances for compliance with
only or they can share customer facilities. the IPC.
If toilet rooms are inconvenient or located too far [P] 504.3 Plumbing system hazards. Where it is found that
from the work area, they create a physical hardship a plumbing system in a structure constitutes a hazard to the
for employees. occupants or the structure by reason of inadequate service,
This section does not require storage buildings and inadequate venting, cross connection, backsiphonage,
kiosks to contain toilet facilities, as long as there are improper installation, deterioration or damage or for similar
toilet facilities in an adjacent building such that the reasons, the code official shall require the defects to be cor-
distance from the work area to the toilet facilities does rected to eliminate the hazard.
not exceed 500 feet (152 m). The building with the
 Any plumbing system having a deficiency or condition
toilet facilities must be under the same ownership,
that is deemed by the code official as hazardous to
lease or control as the storage area. Employers can-
the occupants or to the structure must be repaired or
not expect their employees to depend upon neighbor-
altered to eliminate the hazard. Hazards in a plumb-
hood gas stations, stores or other businesses to
ing system include, but are not limited to, the follow-
provide access to toilet facilities.
ing:
[P] 503.4 Floor surface. In other than dwelling units, every
• Undersized piping;
toilet room floor shall be maintained to be a smooth, hard,
nonabsorbent surface to permit such floor to be easily kept in • Inadequate venting;
a clean and sanitary condition. • Cross connections;
 A toilet room floor is much easier to maintain if the • Lack of backflow prevention means;
surface is smooth, hard and nonabsorbent. In areas • Lack of sufficient fixtures;
such as toilet rooms where the public is likely to enter • Improperly installed piping, fixtures or fittings;
a facility, the primary concern remains keeping the
floor area as clean as possible to safeguard against • Deteriorated, damaged, worn or otherwise
the spread of disease. defective piping, fixtures or fittings;
• Inadequately supported fixtures or piping; and
• Inadequate water pressure or volume.
SECTION 504
PLUMBING SYSTEMS AND FIXTURES One of the most commonly encountered hazards is
a submerged outlet in older-style fixtures in water
[P] 504.1 General. All plumbing fixtures shall be properly closets, bathtubs, lavatories, laundry tubs and water
installed and maintained in working order, and shall be kept softeners. Cross connections and improperly pro-
free from obstructions, leaks and defects and be capable of tected outlets greatly increase the likelihood that con-
performing the function for which such plumbing fixtures are taminated water will be introduced into the potable
designed. All plumbing fixtures shall be maintained in a safe, water supply.
sanitary and functional condition.
 All plumbing fixtures must operate adequately and
perform their intended function. Fixtures must drain SECTION 505
quickly without permitting sewer gases to enter the WATER SYSTEM
structure. Fixtures are not to leak from either the 505.1 General. Every sink, lavatory, bathtub or shower,
water supply piping or the waste discharge piping. drinking fountain, water closet or other plumbing fixture shall
Fixtures must not be worn or deteriorated so that be properly connected to either a public water system or to an

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 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS

approved private water system. All kitchen sinks, lavatories, more common fixtures and appliances that might
laundry facilities, bathtubs and showers shall be supplied have unprotected outlets include: water closets, bath-
with hot or tempered and cold running water in accordance tubs, lavatories, laundry tubs and hose bibbs (sill
with the International Plumbing Code. cocks). Water softener drains are often improperly
connected to the drainage system, thereby creating
 The water for all plumbing fixtures must be properly
cross connections [see Commentary Figure
connected to either a public or an approved private
505.2(1)].
water system. If there is any question about the qual-
There are two basic methods of preventing con-
ity of the private water source, the code official should
tamination of the potable water supply. The first is to
require that the water be tested and approved by
provide an air gap between the water outlet and the
either a private testing service or a local health
flood level rim of the fixture. The second is to install
department. A plumbing system cannot be consid-
backflow prevention devices in the water supply line.
ered adequate if the water entering the system is
An air gap is the ideal solution because it does not
contaminated or otherwise unfit for human consump-
rely on the performance of mechanical devices to
tion and use.
prevent backflow into the water supply. Typically, an
The desired qualities for safe water are:
air gap must be twice the diameter of the supply pipe
• Free of pathogenic organisms; to the fixture, but never less than 1 inch (25 mm)
• Free of toxic chemicals; above the flood level rim. The requirements for air
• Free of odor, taste, color and turbidity; gap protection of fixtures are found in Table 608.15.1
of the IPC.
• Free of excessive minerals; An example of an unprotected outlet is identified in
• Relatively noncorrosive; and Commentary Figure 505.2(2) when the following con-
• Adequate in quantity and pressure. ditions exist:
All sinks, lavatories, bathtubs and showers must be • The third-floor water closet has the ball cock (fill
supplied with cold and hot or tempered running water valve) submerged in the water of the water
as regulated by the IPC. Heated water is a basic closet tank.
necessity for all cleansing and bathing needs. It • The water pressure within the building is low
should be noted that the IPC only allows tempered because of corrosion buildup in the water pipes
water [water that is 85°F (29°C) to 110°F (43°C)] to or simultaneous usage of fixtures.
be used for bathing and washing in nonresidential • The third-floor water closet is flushed, thereby
occupancies. The IPC requires tempered water to be opening the ball cock.
supplied to hand-washing fixtures provided for those
having physical disabilities. • Contaminated water can be drawn from the
water closet tank into the supply pipes.
[P] 505.2 Contamination. The water supply shall be main-
tained free from contamination, and all water inlets for In such circumstances when the sink is filling, the
plumbing fixtures shall be located above the flood-level rim pressure can be reduced to less than atmospheric at
of the fixture. Shampoo basin faucets, janitor sink faucets and the water closet fill valve. This creates a siphon action
other hose bibs or faucets to which hoses are attached and left in the water closet tank. A potentially hazardous
in place, shall be protected by an approved atmospheric-type event has occurred that could introduce contaminated
vacuum breaker or an approved permanently attached hose water into the potable water supply.
connection vacuum breaker. The solution to this problem is fairly simple. The
water closet fill valve (ball cock) needs to be replaced
 Cross connections and unprotected outlets are the with an antisiphon fill valve that extends a minimum of
most common sources of contamination in potable- 1 inch (25 mm) above the overflow tube in the water
water systems. The IPC defines a cross connection closet tank. Additionally, the water pressure through-
as any physical connection or arrangement between out the building should be increased by replacing or
two otherwise separate piping systems, one of which upsizing the water supply piping.
contains potable water and the other water of either Another common backflow hazard can result from
unknown or questionable safety or steam, gas or hoses being attached to threaded outlets. Backflow
chemical, whereby there exists the possibility for flow can occur when the open end of the hose is sub-
from one system to the other, with the direction of merged in any liquid. For example, the possibility of
flow depending on the pressure differential between backflow exists when a homeowner uses a hose to
the two systems. spread chemical fertilizers, herbicides or insecticides.
The code official might not always be able to dis- If negative pressure should occur in the water supply
cover all cross connections and unprotected outlets piping, the water and chemicals from the hose could
in a building, but should become familiar with the be siphoned into the water supply.
locations where such usually occur. Many older-style The solution to this problem is to install a hose-con-
plumbing fixtures were designed or installed with nection-type vacuum breaker on the water supply
built-in submerged water supply outlets. A few of the outlet fitting. When a negative pressure occurs in the

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PLUMBING FACILITIES AND FIXTURE REQUIREMENTS

water supply, the vacuum breaker opens to the atmo- piece of equipment. Some examples are water sup-
sphere allowing air to enter the piping system, thus plies to hot water and steam boilers; lawn irrigation
“breaking” the vacuum. systems; fire suppression systems; carbonated bev-
A type of cross connection occurs when a water erage machines and equipment used for various
supply is connected directly to an appliance or a industrial applications, such as manufacturing. These

BATHTUB
* AIR GAP LACKING BETWEEN FAUCET
AND FLOOD LEVEL RIM

FAUCET FLOOD LEVEL RIM

BATHTUB WATER SUPPLY

LAVATORY
FAUCET * AIR GAP LACKING BETWEEN FAUCET
AND FLOOD LEVEL RIM

FLOOD LEVEL RIM

WATER CLOSET
* AIR GAP LACKING ABOVE REFILL TUBE

SUBMERGED
BALL COCK
REFILL TUBE

(FLUSH BALL AND HANDLE ASSEMBLY NOT SHOWN)

Figure 505.2(1)
COMMON CROSS CONNECTIONS

TOILET HAS A
SUBMERGED FILLER
WC

THIRD FLOOR

KS
SECOND FLOOR

WH

FIRST FLOOR

Figure 505.2(2)
WATER SUPPLY PROTECTION

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items are typically not able to function with an air gap 505.4 Water heating facilities. Water heating facilities shall
between the supply pipe and the appliance or fixture. be properly installed, maintained and capable of providing an
Consequently, some type of backflow preventer adequate amount of water to be drawn at every required sink,
device must be installed in the water supply line to lavatory, bathtub, shower and laundry facility at a minimum
prevent the water flow from reversing direction. Com- temperature of 110°F (43°C). A gas-burning water heater
mon types of protection are pressure-type vacuum shall not be located in any bathroom, toilet room, bedroom or
breakers, barometric loops and reduced pressure other occupied room normally kept closed, unless adequate
principle backflow preventers. combustion air is provided. An approved combination tem-
Any time there is not an obvious air gap or visible perature and pressure-relief valve and relief valve discharge
backflow preventer device in a water supply line, the pipe shall be properly installed and maintained on water heat-
code official should attempt to determine if a hazard ers.
exists.
 A water heater can be dangerous if it is not properly
Cross connections between a private water supply
installed and maintained. A water heater is a closed
(typically a well system) and a potable public water
vessel that can be subjected to high temperature and
supply are not permitted under any circumstance. If
pressure. Under the right conditions, a water heater
the ground water becomes contaminated, a cross
can explode violently and cause extensive structural
connection could affect the entire public water supply
damage to buildings and personal injury or death. As
system.
such, water heaters should be thoroughly inspected.
The code official should work with local plumbing
The following is a guide for the inspection of water
inspectors or water departments to identify and elimi-
heater systems.
nate all cross connections and unprotected potable
water outlets. 1. Electric water heaters:
505.3 Supply. The water supply system shall be installed and • Is the electric service for the house
maintained to provide a supply of water to plumbing fixtures, adequate to supply the normal demands of
devices and appurtenances in sufficient volume and at pres- the house as well as the increased
sures adequate to enable the fixtures to function properly, demands of a water heater?
safely, and free from defects and leaks. • Is the electric wiring for the water heater of
 Inadequate water pressure or insufficient volume can adequate size and properly installed in
cause plumbing fixtures, washing machines, dish- accordance with the electrical code?
washers and other appliances to operate improperly. • Are all conductors properly installed and
Inadequate water pressure can restrict the flow of protected against physical damage?
water into bathtubs, showers and sinks to the point
that the fixtures are not usable. The code requires 2. Fuel-burning water heaters:
enough pressure and volume so that all fixtures and • Which fuel is being used? Commonly used
appliances are functional and free of undue hazards. fuels include natural gas, propane gas and
There are many causes of inadequate water pres- fuel oil.
sure and lack of sufficient volume. A few of the com- • Is the fuel piping constructed from
mon causes include: approved materials, properly connected
• Private wells; and adequately supported?
• Inadequate ground-water supply; • Is there a readily accessible, properly
• Defective pump or a pump that has lost its installed shutoff valve to stop the fuel
prime; supply?
• Storage tank that has lost its air cushion; and 3. Safety controls (electric and fuel-burning):
• Sand or silt plugging the well point. • Do the safety controls and devices appear
to be in good condition without evidence of
Municipal systems: tampering or modification?
• Inadequate pressure in the public water main; • Is the thermostat (temperature control)
and operational and in good condition?
• Sudden loss of pressure in an area caused by
• Does the water heater have a temperature
the use of a nearby fire hydrant, a broken main
and a pressure relief valve or a
water line, etc.
combination temperature and pressure
Quite frequently, an inadequate water supply is the relief valve? These safety valves are
result of problems within a building. A few examples necessary to relieve excessive pressures,
include clogged or corroded pipes, undersized piping, thereby preventing an explosion of the
crimped or bent pipes and a system that is inade- water heater. The temperature and
quately designed. A change in occupancy of a build- pressure relief valves or combination
ing might create demands that exceed the original temperature and pressure relief valve
water piping capacity. must be rated for a pressure not higher

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PLUMBING FACILITIES AND FIXTURE REQUIREMENTS

than the working pressure rating of the • Are the vent or chimney connectors
water heater, and in no case higher than constructed of approved materials? They
150 pounds per square inch (psi) (1034 should be constructed from corrosion-
kPa). resistant materials such as aluminum,
• Is the temperature relief-valve-sensing galvanized steel and stainless steel. The
element located in the top 6 inches (152 joints should be fastened with sheet metal
mm) of the water heater tank? This is the screws, rivets or other approved means.
hottest water in the tank. • Does the chimney, vent or connector show
• Is the relief valve in good condition and signs of deterioration, corrosion or
free of corrosion or leakage? condensation?
• Is the relief valve rating equal to or greater • Is the vent/chimney connector properly
than the British thermal unit per hour supported and connected to the vent or
(Btu\h) input rating of the water heater? An chimney?
undersized safety relief valve does not If there is a doubt or question about a particular
offer adequate protection. installation (see Commentary Figure 505.4), plumb-
• Does the relief valve have a discharge ing inspectors or water department officials should be
pipe to divert heated water toward the floor consulted.
and to a point where it will not cause Fuel-burning water heaters must not be installed in
damage to the structure? The discharge bathrooms, toilet rooms, bedrooms or any other
pipe must be rigid piping of the same rooms that are normally kept closed when in use,
diameter as the relief valve outlet. The unless combustion air is brought directly to the appli-
lower end of the discharge pipe must not ance from outside of the room. Adequate combustion
be closed or plugged and is not to have a air must always be provided regardless of the appli-
threaded end that would invite closure. ance location. The International Mechanical Code®
The relief valve discharge pipe must not (IMC®) prohibits the installation of fuel-fired water
be located where it would be subject to heaters in such rooms in all cases, except where the
freezing, as this could result in a complete water heater is a direct-vent type or is placed in a
blockage of the pipe. dedicated enclosure completely isolated from the
occupied room. Asphyxiation of the room occupants
4. Venting: could possibly result from inadequate combustion air,
• Do all fuel-burning water heaters vent the venting system failure or appliance malfunction (see
combustion products to an approved Section 603.2).
chimney or venting system? The code official must also be sure that the water
• Does the vent have adequate clearance heater is able to provide water of at least 110°F
from combustible materials (wood, paper, (43°C) to every fixture requiring hot water (see Sec-
cloth, etc.)? tion 505.1).

VENT CONNECTOR
HOT WATER SUPPLY

COLD WATER SUPPLY

COMBINATION TEMPERATURE SHUTOFF VALVE
AND PRESSURE RELIEF
VALVE
DRAFT HOOD

WATER HEATER

DISCHARGE THERMOSTAT
PIPE

FUEL SUPPLY LINE

SHUTOFF VALVE

AIR GAP SEDIMENT TRAP

UNION

Figure 505.4
WATER HEATER INSTALLATION REQUIREMENTS

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 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS

Temperature and pressure relief valves are abso- c. Unworkmanlike installation: This often
lutely necessary to prevent the possibility of water indicates that an untrained handyman has
heater explosion resulting from overheating. made repairs.
The code official should check the
entire system for any indications of
SECTION 506 unvented fixtures, improper materials or
SANITARY DRAINAGE SYSTEM other typical violations. Additionally, it
[P] 506.1 General. All plumbing fixtures shall be properly should be determined whether permits
connected to either a public sewer system or to an approved were obtained to install the work.
private sewage disposal system. 2. Vents and venting: Plumbing systems are
 Plumbing fixtures must be connected to an approved designed with an integral venting system to pre-
public or private sewer system. Private systems that vent loss of the water seals in fixture traps. Fix-
should not be approved would include pit privies, ture vents must be provided and maintained
cesspools or any system that discharges to storm where necessary to protect traps from pressure
drains, ponds, lakes, streams or rivers. fluctuations and siphon action that cause loss
of the water seal.
[P] 506.2 Maintenance. Every plumbing stack, vent, waste
and sewer line shall function properly and be kept free from 3. Traps: Each plumbing fixture must have a trap
obstructions, leaks and defects. at the connection to the sanitary drainage sys-
tem. A trap creates a water seal that prevents
 All waste, soil, sewer and vent piping must be
sewer gas from entering the structure. Sewer
installed and maintained so as to function properly.
gases can be toxic and carry bacteria-laden
Obstructions or defects that present health hazards
aerosols. Some types of sewer gases are even
must be corrected. Leaking pipes or joints must be
explosive.
replaced or repaired. All repairs and new installations
must be in accordance with the IPC. 4. Hangers and supports: Improperly or inade-
A thorough and accurate inspection of the plumb- quately supported waste and vent piping fre-
ing system requires knowledge of plumbing systems; quently indicates a nonprofessional installation.
however, with training and experience, the code offi- All piping is required to be adequately sup-
cial can identify typical problems and improper instal- ported to maintain pitch and alignment and pre-
lations. In broad terms, he or she should be vent strain on connections and joints.
inspecting the following elements of a plumbing sys- In general, the code official should inspect the
tem: fixtures; sanitary drainage systems; vents and entire visible plumbing system for: leakage; the pres-
venting; traps; drainage cleanouts; and hangers and ence of fixture, standpipe and floor drain traps;
supports. approved materials (with approved connections) and
1. Sanitary drainage system: The system must be an acceptable venting system.
free of leaks. Leaking drain pipes can cause [P] 506.3 Grease interceptors. Grease interceptors and auto-
structural damage and spread illness from the matic grease removal devices shall be maintained in accor-
pathogenic organisms in the waste water. dance with this code and the manufacturer’s installation
The code official should inspect all visible instructions. Grease interceptors and automatic grease
drainpipes for any improper connections or removal devices shall be regularly serviced and cleaned to
installations. A few frequently encountered prevent the discharge of oil, grease, and other substances
problems include the following: harmful or hazardous to the building drainage system, the
a. Improperly installed materials: Materials public sewer, the private sewage disposal system or the sew-
not designed or approved for plumbing age treatment plant or processes. All records of maintenance,
applications are often used for repairs and cleaning and repairs shall be available for inspection by the
modifications in plumbing systems. The code official.
improper use of fittings, joining means  This section clarifies that grease interceptors and
and connectors is common in existing automatic grease removal devices require on-going,
structures. Drainage piping with no slope routine maintenance in order to perform their
or reverse slope can promote blockages. intended function. Any such maintenance should be
b. Joints and pipes that have been “patched” in accordance with the manufacturer’s maintenance
with tape, putty, caulking or tar thus criteria. The proposed language is coordinated with
indicating past or current leakage in the the provisions of Section 1003.1 of the IPC which
drainage system. establishes when these devices are required to be
installed. Failure to maintain these devices results in

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PLUMBING FACILITIES AND FIXTURE REQUIREMENTS

public health risks via sanitary sewer overflows into Bibliography

buildings, roads and streams and premature deterio- The following resource materials were used in the prep-
ration and failure of public and private sewage sys- aration of the commentary for this chapter of the code:
tems.
IFGC-2012, International Fuel Gas Code. Washington,
D.C.: International Code Council, 2011.
SECTION 507 IMC-2012, International Mechanical Code. Washington,
STORM DRAINAGE D.C.: International Code Council, 2011.
[P] 507.1 General. Drainage of roofs and paved areas, yards IPC-2012, International Plumbing Code. Washington,
and courts, and other open areas on the premises shall not be D.C.: International Code Council, 2011.
discharged in a manner that creates a public nuisance.
 Storm water must be discharged so that it does not
pond in paved areas, yards, courts or open areas.
Standing water can freeze in cold climates, thereby
causing a slip hazard. In warm weather, standing
water can create an insect breeding ground.
Roof gutters and downspouts are not required, pro-
vided that storm water is discharged in such a man-
ner that it does not create a public nuisance.
The code official should also check local ordi-
nances to determine if run-off storm drainage water
and sump pumps can be allowed to enter the sanitary
sewer system. Most communities are now requiring
all storm drainage water to be separated from the
sanitary sewer system. Disconnecting the storm
water from the sanitary sewer system can reduce the
costs of sewage treatment and eliminate an overload
of the treatment facility.
The emphasis in storm drainage is to remove the
water quickly without creating hazards to pedestrians
or causing damage to any structures on the same or
neighboring property.

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 Chapter 6:
Mechanical and Electrical Requirements
General Comments throughout the structure must also be detected, identi-
fied and abated.
Chapter 6 establishes minimum criteria for the installa- All mechanical and electrical facilities must be capa-
tion and maintenance of the following: heating and air- ble of providing the minimum levels of safety, illumina-
conditioning equipment, appliances and systems; tion, comfort, utility and convenience as prescribed in
water-heating equipment, appliances and systems; this chapter.
cooking equipment and appliances; ventilation and
exhaust equipment; gas and liquid fuel distribution pip-
ing and components; fireplaces and solid fuel-burning Purpose
appliances; chimneys and vents; electrical services; All mechanical and electrical equipment, appliances and
lighting fixtures; electrical receptacle outlets; electrical systems must be properly installed to serve the
distribution system equipment, devices and wiring; and intended purpose. Proper installation, however, does
elevators, escalators and dumbwaiters. not in itself guarantee safety or performance. In addition
The primary objectives of mechanical and heating to proper installation, all such equipment, appliances
equipment inspections are to detect, identify and abate and systems must be maintained, as they are subject to
any condition that is a potential fire or explosion hazard; deterioration, wear and aging, and may require clean-
is a potential cause of asphyxiation or carbon monoxide ing, lubrication, adjustment, etc. All materials and com-
poisoning; poses the risk of physical injury to an occu- ponents used to construct mechanical and electrical
pant; prevents the equipment from adequately perform- systems have a limited life span, and require repair or
ing its intended function; or that otherwise endangers replacement at various time intervals that are specific to
the occupants or the structure. the material or component.
The primary objectives of electrical equipment and The purpose of Chapter 6 is to establish minimum
system inspections are to detect, identify and abate any performance requirements for electrical and mechanical
condition that is a potential fire hazard or electrical facilities and to establish minimum standards for the
shock hazard. Any condition that inadequately provides safety of such facilities.
for the supply and distribution of electrical power

SECTION 601 SECTION 602

GENERAL HEATING FACILITIES
601.1 Scope. The provisions of this chapter shall govern the 602.1 Facilities required. Heating facilities shall be pro-
minimum mechanical and electrical facilities and equipment vided in structures as required by this section.
to be provided.  This section establishes the scope of requirements in
 Minimum performance guidelines for mechanical and Section 602 [see the International Mechanical Code®
electrical facilities and equipment are established in (IMC®) for space-heating requirements for new struc-
this chapter. Installations that do not conform to these tures].
minimum criteria are unacceptable. 602.2 Residential occupancies. Dwellings shall be provided
601.2 Responsibility. The owner of the structure shall pro- with heating facilities capable of maintaining a room temper-
vide and maintain mechanical and electrical facilities and ature of 68°F (20°C) in all habitable rooms, bathrooms and
equipment in compliance with these requirements. A person toilet rooms based on the winter outdoor design temperature
shall not occupy as owner-occupant or permit another person for the locality indicated in Appendix D of the International
to occupy any premises which does not comply with the Plumbing Code. Cooking appliances shall not be used, nor
requirements of this chapter. shall portable unvented fuel-burning space heaters be used, as
a means to provide required heating.
 It is the responsibility of the owner of the structure to
provide and maintain the required electrical and Exception: In areas where the average monthly tempera-
mechanical facilities. An owner must not occupy or ture is above 30°F (-1°C), a minimum temperature of 65°F
allow any other person to occupy a structure that is (18°C) shall be maintained.
not in compliance with this chapter; thus, the require-  This section establishes the following minimum
ments of this chapter are the minimum necessary to requirements for space heating in residential struc-
make a structure occupiable. tures.

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MECHANICAL AND ELECTRICAL REQUIREMENTS

Adequate heat is required for human health and combustion directly to the occupied space. Prolonged
comfort. The elderly, infirm and very young are most use of such appliances can produce dangerously
susceptible to illness and death from inadequate high levels of carbon monoxide and other contami-
space heating. nants, especially considering that the occupants will
Heating equipment must be provided and main- not be opening windows or operating exhaust sys-
tained by the owner and must be able to heat all habit- tems in an effort to conserve heat.
able rooms, bathrooms and toilet rooms to at least Also, cooking appliances are not designed for the
68°F (20°C) based on the outside design temperature purpose of space heating, and like all appliances,
established for each locality adopting the code. 68°F could be dangerous if used in any way other than
(20°C) is believed to be the minimum indoor tempera- intended by the manufacturer. Cooking appliances
ture at which people can be reasonably comfortable are not designed for continuous or unattended use,
and can maintain healthy living. This is intended as an and open flames, heat radiation and high surface
absolute minimum since most dwelling occupants will temperatures pose a significant fire hazard when the
seek indoor temperatures 5°F to 10°F (-15°C to -12°C) appliance is misused.
higher than this. This section also prohibits the use of fuel-burning,
The outdoor design temperatures are listed in unvented space heaters as a means to provide any
Appendix D of the International Plumbing Code® portion of the heating that is required for residential
(IPC®). Outdoor design temperatures provide a base- occupancies. Similar to cooking appliances, fuel-
line from which heat load calculations are made. burning, unvented space heaters can be dangerous,
Heating system capacity is dependent upon the pre- especially when used as one of the essential means
dicted outdoor temperatures during the heating sea- of providing the required heat.
son. As the outdoor temperature falls, the heat input The exception recognizes that in warmer portions
to a building must increase to offset the increasing of the country, when the average monthly tempera-
heat losses through the building envelope. Heating ture meets or exceeds 30°F (1°C), the minimum
systems are designed to have the capacity to main- inside temperature can be 65°F (18°C). As a result of
tain the desired indoor temperature when the outdoor this code requirement, the occupants are ensured of
temperature is at or above the outdoor design tem- having a comfortable interior environment.
perature. When the outdoor temperatures are below 602.3 Heat supply. Every owner and operator of any build-
the outdoor design temperature, the heating system ing who rents, leases or lets one or more dwelling units or
will not be able to maintain a desired indoor tempera- sleeping units on terms, either expressed or implied, to fur-
ture. It would be impractical, for example, to design a nish heat to the occupants thereof shall supply heat during the
heating system based on the assumption that some- period from [DATE] to [DATE] to maintain a minimum tem-
day it might be -20°F (-29°C) outdoors if the outdoor perature of 68°F (20°C) in all habitable rooms, bathrooms
temperature in that region rarely, if ever, dropped that and toilet rooms.
low. In such a case, the heating system would be
oversized and, thereby, less efficient and economical. Exceptions:
The winter outdoor design temperature is defined 1. When the outdoor temperature is below the winter
as follows: For 97.5 percent of the total hours in the outdoor design temperature for the locality, mainte-
northern hemisphere heating season, from Decem- nance of the minimum room temperature shall not
ber through February, the predicted outdoor tempera- be required provided that the heating system is oper-
tures will be at or above the values given in Appendix ating at its full design capacity. The winter outdoor
D of the IPC. It would be unreasonable to expect any design temperature for the locality shall be as indi-
heating system to maintain a desired indoor tempera- cated in Appendix D of the International Plumbing
ture when the outdoor temperature is below the Code.
design temperature. When the 97.5 percent column 2. In areas where the average monthly temperature is
in Appendix D of the IPC is used, it can be assumed above 30°F (-1°C) a minimum temperature of 65°F
that the actual outdoor temperature will be at or (18°C) shall be maintained.
below the design temperature for roughly 54 hours of
the total of 2,160 hours in the months of December  The owner or operator of rental residential property
through February (2,160 hours × 2.5 percent = 54). who agrees to provide heat by express agreement or
The lack of adequate space-heating systems can implication must provide it to all habitable rooms,
result in the misuse of cooking appliances. It is not bathrooms and toilet rooms. The heat supply must be
uncommon for occupants to use fuel-fired ovens and capable of maintaining a temperature of at least 68°F
cook-top burners to supply space heating when the (20°C), 24 hours per day. The occupants could set
minimum required indoor temperature cannot be the temperature in the space under their control at a
maintained, and unfortunately, the typical occupant is lower temperature if desired, but 68°F (20°C) must be
not aware of the danger in doing so. Fuel-fired cook- attainable. Based on local climatic conditions, each
ing appliances in almost all occupancies are community needs to establish the period of the year
unvented and, therefore, discharge all products of during which heating equipment must be in operation

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 MECHANICAL AND ELECTRICAL REQUIREMENTS

in order to maintain the required temperatures. The cies and is intended to apply to the typical workplace
intent of this section is to protect tenants from being having sedentary employee activities.
subjected to uncomfortable and unhealthy conditions Exception 1 recognizes that some occupancies
created by undersized, malfunctioning, defective or have operations and processes that require tempera-
otherwise inadequate space-heating systems. Having tures lower than 65°F (18°C), including meat-packing
adequate space heating also helps eliminate the plants, canneries and manufacturing facilities.
need for auxiliary room/space heaters, as well as the Exception 2 recognizes that a minimum tempera-
unsafe use of cooking appliances for space heating ture of 65°F (18°C) is not necessary where employ-
(see Section 602.2). When tenants are forced to use ees are engaged in physical activities such as
room/space heaters, the risk of fire and asphyxiation construction, fabrication and loading in factories.
increases because of improper use, contact with or The period of the year during which structures must
close proximity to combustible materials; overloaded comply with this section is to be established by each
wiring and extension cords; lack of ventilation and the locality based on local climatic conditions.
user’s typical lack of understanding of the potential 602.5 Room temperature measurement. The required room
hazards. temperatures shall be measured 3 feet (914 mm) above the
Exception 1 recognizes the limitations of all heating floor near the center of the room and 2 feet (610 mm) inward
systems that operate when the outdoor temperature from the center of each exterior wall.
is below the design temperature. This exception
states that the minimum indoor temperature require-  To determine compliance with Section 602, tempera-
ment of 68°F (20°C) does not apply when the outdoor ture measurements are required to be taken at multi-
temperature is below the design temperature for the ple locations. For example, in a room with two
heating system. The exception addresses only the exterior walls, a total of three measurements is
circumstance where the heating system cannot keep required. The room temperature requirements of Sec-
up because the outdoor conditions exceed that for tion 602 must be met in all of the measurement loca-
which it was designed (see Section 602.2). The tions. The intent is to make sure that the required
exception applies only to heating systems that are temperature will be uniformly reached throughout the
operating at their full design capacity (heat output). It occupiable portions of the room or space. The coldest
does not apply to improperly designed systems, part of a room during the heating season will typically
undersized systems or any system operating at less be at the floor level by an outside wall. The measure-
than its full output for whatever reason. On those rare ments are taken at points that are expected to be
days when the outdoor temperature is lower than occupied and that do not reflect the potential temper-
what the heating system was designed to handle, it is ature extremes in a space (see Commentary Figure
anticipated that the indoor temperature might not be 602.5).
attainable. Heating systems that were sized based on Any space that cannot maintain the minimum
outdoor temperatures above the actual outdoor indoor temperatures as established in Section 602
design temperature for the locality in which they are when the outdoor temperature is at or above the
installed are improperly designed, and as such, do design temperature for the locality should be posted
not comply with the intent of the exception (see com- as unfit for human occupancy until enough heat can
mentary, Section 602.2). be supplied.
Exception 2 is the same as the exception to Sec-
tion 602.2.
SECTION 603
602.4 Occupiable work spaces. Indoor occupiable work MECHANICAL EQUIPMENT
spaces shall be supplied with heat during the period from
[DATE] to [DATE] to maintain a minimum temperature of 65°F 603.1 Mechanical appliances. All mechanical appliances,
(18°C) during the period the spaces are occupied. fireplaces, solid fuel-burning appliances, cooking appliances
and water heating appliances shall be properly installed and
Exceptions: maintained in a safe working condition, and shall be capable
1. Processing, storage and operation areas that require of performing the intended function.
cooling or special temperature conditions.  Because appliances, mechanical equipment and fire-
2. Areas in which persons are primarily engaged in places are subject to aging, wear and deterioration,
vigorous physical activities. periodic inspection and servicing is required to main-
tain performance and to verify continued safe opera-
 Mercantile, business, factory and similar occupancies
tion. Fireplaces and solid fuel-burning appliances
in which people are employed must be kept at a tem-
must be properly installed, inspected and maintained.
perature of at least 65°F (18°C) during the hours that
They require frequent inspection and maintenance
employees are working. People cannot be expected
because of the extreme temperatures and corrosive
to work productively and remain in good health if their
flue gases to which they are subjected. Routine
workplace is uncomfortable. The 65°F (18°C) mini-
cleaning is required to remove the highly flammable
mum is lower than required for residential occupan-
creosote deposits found in chimneys and connectors.

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MECHANICAL AND ELECTRICAL REQUIREMENTS

Inspections should include such related items as bustion products must not be allowed to enter or leak
chimney flues, chimney caps, dampers, doors, into any occupiable or habitable space.
screens, connectors, hearth extensions and clear- Chimneys and vents should be periodically
ances to combustibles. inspected for deterioration or blockage that could
Fireplaces and solid fuel-burning appliances must impair their operation or allow combustion products to
be installed and maintained in accordance with the leak into the building. The appliance and equipment
IMC. connections to a chimney or vent should also be
The appliance manufacturer’s installation instruc- inspected for deterioration, blockage or separation of
tions and the IMC, International Fuel Gas Code® connections.
(IFGC®) and IPC should be consulted in determining Evidence of chimney or vent connector decay or
if an appliance or mechanical equipment is installed rusting generally indicates improper draft. A venting
properly. system that creates insufficient draft or that is subject
603.2 Removal of combustion products. All fuel-burning to backdraft (reverse flow) will experience acceler-
equipment and appliances shall be connected to an approved ated deterioration because of the corrosive effect of
chimney or vent. the combustion products (flue gases). “Draft” is the
pressure differential necessary to cause the flow of
Exception: Fuel-burning equipment and appliances which flue gases from the appliance or equipment to the
are labeled for unvented operation. chimney or vent and up to the atmosphere. Proper
 All fuel-burning appliances are required to discharge draft should be verified by a trained heating techni-
the products of combustion (flue gases) to an cian and should be checked each time the appliance
approved chimney or vent (see exception). Chimneys or equipment is serviced.
and vents must be capable of creating sufficient draft The exception recognizes that a chimney or vent is
to properly vent the appliances served. Appliances not required for fuel-burning appliances that are listed
labeled for unvented operation such as domestic and labeled for unvented operation. It is imperative
cooking appliances and gas-fired refrigerators are that unvented appliances be operated and main-
exempt from this requirement. tained in strict accordance with the manufacturer’s
Some components of the combustion products pro- instructions (see the IFGC for additional requirements
duced by fuel-burning appliances are toxic to humans for unvented room heaters).
and animals and can cause illness and death. The 603.3 Clearances. All required clearances to combustible
most harmful component of combustion products is materials shall be maintained.
carbon monoxide (CO). Typical symptoms of CO poi-
soning are nausea, headache, dizziness, disorienta-  Proper clearances must be maintained between com-
tion, confusion, rapid breathing, fatigue, flu-like bustible materials and all heat-producing appliances
symptoms and loss of consciousness. Exposure to and equipment. Adequate clearances are necessary
CO is detrimental to health in all cases and can be to prevent the possible ignition of combustibles. The
lethal depending upon its concentration, the duration required clearances for the labeled appliances and
of exposure and the condition of the occupants. Com- equipment must be maintained in accordance with

3' ABOVE FLOOR AND

2' IN FROM CENTER
OF EXTERIOR WALL

ROOM TO BE
MEASURED
FOR TEMPERATURE MIDPOINT

3' ABOVE FLOOR

AND NEAR CENTER
OF ROOM

For SI: 1 foot = 304.8 mm.

Figure 602.5
ROOM TEMPERATURE MEASUREMENTS

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 MECHANICAL AND ELECTRICAL REQUIREMENTS

the manufacturer’s requirements. Clearances for combustion air supply is an important part of any
chimneys, vents and their connectors are also speci- inspection.
fied in the IMC and IFGC. Fuel-burning equipment must be provided with
Frequently, an inspector will encounter combusti- combustion air in accordance with the IMC and IFGC.
ble materials that have been placed too close to heat- 603.6 Energy conservation devices. Devices intended to
producing appliances and equipment after the initial reduce fuel consumption by attachment to a fuel-burning
installation. Combustible storage, furnishings and appliance, to the fuel supply line thereto, or to the vent outlet
remodeling are typical examples of such encounters. or vent piping therefrom, shall not be installed unless labeled
Most occupants are unaware of the hazard created for such purpose and the installation is specifically approved.
when they store combustibles near or in contact with
heat-producing appliances.  Energy-saving devices are required to bear the label
It is imperative that adequate clearances be main- of an approved testing agency, must be installed in
tained to avoid a potential fire hazard. accordance with the manufacturer’s installation
603.4 Safety controls. All safety controls for fuel-burning instructions and must be installed with the specific
approval of the code official.
equipment shall be maintained in effective operation.
Improperly installed or applied energy-saving
 All appliances and heating equipment are equipped devices can adversely affect the operation of an
with safety controls and devices intended to prevent appliance and cause it to become unsafe. A common
fire or explosion in the event of equipment malfunc- example would be the improper installation of a flue
tion or abnormal operation. Typical controls and damper or restrictor device in the chimney or vent
devices are as follows: temperature limit switches; connector of a fuel-burning appliance. The resultant
pressure limit switches; pressure relief valves; low- installation could cause vent failure and subject the
water cutoffs; stack controls; pilot safety controls; occupants to CO poisoning.
draft monitoring controls and flame supervision con- The installation of such devices would require a
trols. These controls are designed to prevent such permit under the IFGC or IMC.
conditions as overheating, excessive pressures, loss
of heat transfer medium, loss of ignition source, loss
of venting means and loss of main flame, among oth- SECTION 604
ers. ELECTRICAL FACILITIES
All such safety controls must be periodically tested 604.1 Facilities required. Every occupied building shall be
and inspected to verify their proper functioning and provided with an electrical system in compliance with the
assess their reliability. Such testing and inspection requirements of this section and Section 605.
should be performed by trained technicians when the
appliances are serviced and cleaned.  This section prescribes the minimum electrical facili-
An inoperative or otherwise malfunctioning safety ties that must be installed and maintained in all build-
control or device could create an extreme life safety ings used for human occupancy.
hazard. 604.2 Service. The size and usage of appliances and equip-
603.5 Combustion air. A supply of air for complete combus- ment shall serve as a basis for determining the need for addi-
tion of the fuel and for ventilation of the space containing the tional facilities in accordance with NFPA 70. Dwelling units
fuel-burning equipment shall be provided for the fuel-burning shall be served by a three-wire, 120/240 volt, single-phase
equipment. electrical service having a minimum rating of 60 amperes.
 Combustion air includes the air necessary for com-  This section prescribes the minimum size of the elec-
plete combustion of the fuel, the air required for draft trical service that must be provided for all structures.
hood dilution and the air necessary for ventilation of The electrical service consists of the service entrance
the enclosure in which the appliance is located. A conductors, metering devices, service grounding
lack of combustion air will result in the incomplete means, main disconnect, main overcurrent device
combustion of fuel that, in turn, causes soot produc- and typically the distribution panelboard and all over-
tion, increased CO production, serious appliance current devices. The size of the service is dependent
malfunction and the risk of fire or explosion. The lack upon the size of the load (demand). The total electri-
of draft hood dilution air will result in improper draft cal usage or load must be determined as prescribed
and appliance venting. The incomplete combustion of in NFPA 70.
fuel and improper draft and venting compound each If the actual load exceeds the capacity of the ser-
other and greatly increase the risk of CO poisoning. vice, additional capacity must be provided. In no case
The lack of ventilation air can result in excessive tem- is the service for a dwelling unit permitted to be less
peratures in the appliance enclosure, thereby intro- than 60 amperes. Additionally, all dwelling unit ser-
ducing the risk of overheating the appliance and the vices are to be 120/240 volt (three wire). The electri-
risk of fire. cal usage in a typical dwelling unit today requires a
In existing structures, adequate combustion air pro- service of at least a 60-ampere capacity to meet the
visions are often lacking or have been blocked, cov- occupants’ needs. The requirement for a three-wire
ered or otherwise defeated. Looking for proper (120/240 volt) service is intended to allow the use of

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MECHANICAL AND ELECTRICAL REQUIREMENTS

240-volt appliances, such as clothes dryers, air con- tion, the conductor’s current-carrying capacity
ditioners and ranges. Additionally, appliances that (ampacity) must be greater than or at least equal to
operate at 240 volts consume less current, thereby the ampere rating of the overcurrent device that sup-
conserving the remaining capacity of the service. plies it. If a fuse or circuit breaker has a larger
Overloading or constant loading to capacity sub- ampere-rating capacity than the conductors it is
jects the service to excessive heating and component intended to protect, the device will permit the conduc-
stress. Not only does this invite failure, but it also tors to carry currents in excess of the conductors’
increases the risk of fire and creates the inconve- capacity. The resultant overload will cause conductor
niences of a nuisance circuit breaker tripping or fuse heating, insulation deterioration and, possibly, a fire.
blowing. Nuisance fuse blowing, in turn, encourages The typical scenario is the occupant who thinks he or
the dangerous practice of replacing blown fuses with she has “cured” a fuse-blowing problem by substitut-
fuses of larger size. Overfusing is one of the largest ing fuses that are larger in size. This appears to alle-
potential causes of fire in any electrical system. viate the problem for the occupant but, in actuality, an
An inadequately sized service could also restrict extreme fire hazard has been created by eliminating
the occupants’ use of appliances by imposing non- the circuit conductor overcurrent protection.
simultaneous use to avoid overloading the service. 604.3.1 Abatement of electrical hazards associated with
A service determined to be undersized in accor- water exposure. The provisions of this section shall govern
dance with this section and the requirements of the repair and replacement of electrical systems and equip-
NFPA 70 or the IRC must be enlarged as necessary. ment that have been exposed to water.
604.3 Electrical system hazards. Where it is found that the  The purpose of this section is to provide enforceable
electrical system in a structure constitutes a hazard to the provisions to the code official that address hazards in
occupants or the structure by reason of inadequate service, electrical equipment that has been exposed to water.
improper fusing, insufficient receptacle and lighting outlets, These provisions are derived from a publication enti-
improper wiring or installation, deterioration or damage, or tled “Guidelines for Handling Water-damaged Electri-
for similar reasons, the code official shall require the defects cal Equipment,” published by the National Electrical
to be corrected to eliminate the hazard. Manufacturers Association (NEMA).
 Any electrical system deficiency or condition that is Section 604.3.1 defines the scope of the section as
deemed hazardous to the occupants or to the struc- pertaining to electrical equipment and systems that
ture must be abated to eliminate the hazard. Electri- have been exposed to water.
cal system hazards include, but are not limited to, the 604.3.1.1 Electrical equipment. Electrical distribution
following: equipment, motor circuits, power equipment, transformers,
• Inadequate (undersized) service; wire, cable, flexible cords, wiring devices, ground fault cir-
• Improper fusing and overcurrent protection; cuit interrupters, surge protectors, molded case circuit break-
ers, low-voltage fuses, luminaires, ballasts, motors and
• Insufficient receptacle distribution; electronic control, signaling and communication equipment
• Lack of sufficient lighting fixtures; that have been exposed to water shall be replaced in accor-
• Deteriorated, damaged, worn or otherwise dance with the provisions of the International Building Code.
defective wiring, equipment and appliances; Exception: The following equipment shall be allowed to
• Improperly installed or protected wiring be repaired where an inspection report from the equipment
methods; manufacturer or approved manufacturer’s representative
indicates that the equipment has not sustained damage that
• Lack of proper service or equipment grounding; requires replacement:
• Open splices in wiring;
1. Enclosed switches, rated a maximum of 600 volts
• Inadequately supported devices, wiring or or less;
equipment;
2. Busway, rated a maximum of 600 volts;
• Any exposed conductors or components
constituting a shock hazard; 3. Panelboards, rated a maximum of 600 volts;
• Missing or damaged device cover plates; 4. Switchboards, rated a maximum of 600 volts;
• Excessive use of extension cords; 5. Fire pump controllers, rated a maximum of 600
voltss;
• Overloaded receptacles or circuitry; and
6. Manual and magnetic motor controllers;
• Lack of ground fault circuit interrupter (GFCI)
protection. 7. Motor control centers;
The most commonly encountered hazard is 8. Alternating current high-voltage circuit breakers;
improper overcurrent protection of conductors. Fuses 9. Low-voltage power circuit breakers;
and circuit breakers are devices designed to limit cur-
rent flow to the maximum safe current-carrying 10. Protective relays, meters and current transformers;
capacity (ampacity) of a conductor. With rare excep- 11. Low- and medium-voltage switchgear;

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 MECHANICAL AND ELECTRICAL REQUIREMENTS

12. Liquid-filled transformers; approved manufacturer’s representative is submitted

13. Cast-resin transformers; to the code official indicating that the level of damage
to the equipment does not warrant replacement.
14. Wire or cable that is suitable for wet locations and
whose ends have not been exposed to water;
15. Wire or cable, not containing fillers, that is suitable SECTION 605
for wet locations and whose ends have not been ELECTRICAL EQUIPMENT
exposed to water; 605.1 Installation. All electrical equipment, wiring and
16. Luminaires that are listed as submersible; appliances shall be properly installed and maintained in a safe
and approved manner.
17. Motors;
 This section provides necessary safety requirements
18. Electronic control, signaling and communication
for electrical equipment, wiring and appliances.
equipment.
All electrical equipment, wiring and appliances
 This section lists the types of electrical equipment must be properly installed and maintained in accor-
that must be replaced if they have been exposed to dance with this code and NFPA 70 or the Interna-
water such as being submerged. Protective compo- tional Residential Code® (IRC®). It is the responsibility
nents, such as circuit breakers, overload relays, low of the building owner or operator to provide and
voltage or medium voltage protective devices within a safely maintain the electrical facilities required herein.
switchgear assembly, and fuses are necessary for 605.2 Receptacles. Every habitable space in a dwelling shall
the safe operation of the distribution circuits and contain at least two separate and remote receptacle outlets.
should be replaced when exposed to water. The abil- Every laundry area shall contain at least one grounded-type
ity of a transformer to operate as intended can be receptacle or a receptacle with a ground fault circuit inter-
impaired by corrosion to the transformer core, flood rupter. Every bathroom shall contain at least one receptacle.
debris deposited inside the transformer, or contami- Any new bathroom receptacle outlet shall have ground fault
nation of the transformer fluid. The exception to this circuit interrupter protection. All receptacle outlets shall have
section allows for repair of certain components of an the appropriate faceplate cover for the location.
electrical distribution system and certain electrical
equipment provided that an inspection report from the  Every room or space in a dwelling unit that is used for
equipment manufacturer or approved manufacturer’s living, sleeping, eating or cooking must be provided
representative is submitted to the code official indi- with at least two separate receptacle outlets. Such
cating that the level of damage to the equipment does outlets must be as remote from each other as practi-
not warrant replacement. cable. The quantity of receptacles required by this
604.3.2 Abatement of electrical hazards associated with section is less than that required by NFPA 70 for new
fire exposure. The provisions of this section shall govern the construction, but is considered a reasonable compro-
repair and replacement of electrical systems and equipment mise for existing structures.
that have been exposed to fire. This provision is intended to minimize or eliminate
the use of extension cords. The amount of electrical
 This section defines the scope of the section as per- current that any extension cord can safely conduct is
taining to electrical equipment and systems that have limited by the size of its conductors. This principle is
been exposed to fire. not understood by much of the general population. As
604.3.2.1 Electrical equipment. Electrical switches, recepta- a result, extension cords are commonly overloaded
cles and fixtures, including furnace, water heating, security by the connection of either too many appliances or
system and power distribution circuits, that have been any loads in excess of the cord’s capacity. Overload-
exposed to fire, shall be replaced in accordance with the pro- ing extension cords causes an increase in the con-
visions of the International Building Code. ductor’s temperature. This increase can exceed the
temperature rating of the conductor’s insulation,
Exception: Electrical switches, receptacles and fixtures
causing it to melt, decompose or burn. The burning
that shall be allowed to be repaired where an inspection
insulation can easily start a fire, and the resultant loss
report from the equipment manufacturer or approved man-
of conductor insulation can cause a short circuit or
ufacturer’s representative indicates that the equipment has
ground fault that can also act as a source of ignition.
not sustained damage that requires replacement.
The buildup of heat in an extension cord is often
 This section lists the type of electrical components made worse by excessive cord length and by the
and equipment that must be replaced, where they insulating effect of rugs that often cover these cords.
have been exposed to fire. The ability of electrical Extension cords are much more susceptible to physi-
switches, receptacles and fixtures, including furnace, cal damage than permanent wiring methods. Dam-
water heating, security system and power distribution age to cords increases the likelihood of shorts,
circuits, to operate as intended can be impaired by ground faults and poor connections, all of which can
exposure to fire. The exception to this section allows cause a fire. In addition to the fire hazard, extension
for repair of these components provided that an cords pose a tripping hazard to the occupants and,
inspection report from the equipment manufacturer or when damaged, pose an electric shock hazard.

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MECHANICAL AND ELECTRICAL REQUIREMENTS

Every laundry room is required to have at least one wiring capacity or incompatible demands. Physical
grounded-type receptacle outlet. The appliances damage to flexible cords caused by concealment or
used in a laundry room are of the type that require a improper or inadequate maintenance may result in
grounding conductor for safe operation. The ground- localized resistance heating, shorts or ground faults.
ing of appliances is a means of reducing the risk of The amount of electrical current that any flexible
electrical shock, which can occur when an occupant cord can safely conduct is limited by the size of its
comes in contact with a defective appliance. This conductor, its insulation type and its environment.
section appears to allow a GFCI-protected receptacle This principle is often not understood by the general
outlet in lieu of a grounded-type receptacle; however, public. As a result, extension cords are commonly
this is only allowed for very limited circumstances by overloaded by connecting appliances and other loads
NFPA 70. As a general rule, GFCI protection is not a in excess of the cord’s capacity.
substitute for grounding-type receptacles. Overloading of flexible cords causes an increase in
Every bathroom must have at least one receptacle the conductor’s temperature. This increase in temper-
outlet to accommodate the many grooming and per- ature can exceed the temperature rating of the con-
sonal hygiene appliances that are commonly used in ductor insulation, causing it to melt, decompose or
bathrooms. This requirement also applies to toilet burn. The burning insulation can ignite other combus-
rooms with lavatories that do not contain bathing fix- tible materials. The resulting loss of conductor insula-
tures, as they could also be used for grooming and tion can also cause a short circuit or ground fault that
personal hygiene purposes. If a bathroom receptacle can act as a source of ignition. The buildup of heat in
outlet has to be installed in order to achieve compli- an extension cord is often made worse by excessive
ance with this section, this code, NFPA 70 and the cord length and by the insulating effect of rugs that
IRC, all would require GFCI protection for such outlet. often cover extension cords. Flexible cords are much
To protect occupants from accidental contact with more susceptible to physical damage than permanent
electrical wiring or components, appropriate face- wiring. Damage to flexible cords increases the likeli-
plates are required for all receptacles. hood of shorts and poor connections, both of which
The installation of a receptacle where one previ- can cause a fire.
ously did not exist is considered new work and must In addition to the fire hazard, extension cords pose
comply with the provisions of NFPA 70 or the IRC. a tripping hazard to the occupants and when dam-
605.3 Luminaires. Every public hall, interior stairway, toilet aged, can pose an electrical shock hazard. Securing
room, kitchen, bathroom, laundry room, boiler room and fur- flexible cords to a wall baseboard, door jambs, etc.,
nace room shall contain at least one electric luminaire. Pool with nails, staples or other fasteners to eliminate trip-
and spa luminaries over 15 V shall have ground fault circuit ping hazards can create another dangerous condition
interrupter protection. by pinching or piercing the cord and causing shorts or
faults that could lead to ignition.
 Permanent lighting outlets must be provided to illumi-
nate hallways, stairways, toilet rooms, bathrooms,
laundry rooms, kitchens and furnace and boiler SECTION 606
rooms. The activities in such spaces are not compati- ELEVATORS, ESCALATORS AND DUMBWAITERS
ble with portable lighting such as floor or table lamps; 606.1 General. Elevators, dumbwaiters and escalators shall
therefore, permanent lighting outlets (fixtures/lumi- be maintained in compliance with ASME A17.1. The most
naires) are required. In all other spaces, it is assumed current certificate of inspection shall be on display at all
that the occupants will provide lamps or other porta- times within the elevator or attached to the escalator or dumb-
ble fixtures to meet their artificial lighting needs when waiter, be available for public inspection in the office of the
natural lighting does not exist. Adequate lighting is building operator or be posted in a publicly conspicuous
necessary for occupants to traverse stairs and corri- location approved by the code official. The inspection and
dors without undue hazard; to allow for the proper tests shall be performed at not less than the periodic intervals
use of plumbing fixtures and appliances; and to allow listed in ASME A17.1, Appendix N, except where otherwise
for servicing of appliances. specified by the authority having jurisdiction.
Furnace and boiler rooms are defined terms in the
IMC, and the term “furnace room” also applies to a  Elevators, escalators and dumbwaiters must be
room containing a water heater. maintained in compliance with ASME A17.1, Safety
Lighting related to pools and spas is required to be Code for Elevators and Escalators with A17.1a 2002
protected with GFCIs when it is over 15 volts. Provid- Addenda. ASME A17.1 contains requirements for
ing this protection in these wet locations results in periodic inspection and testing that are necessary to
safer conditions for the users. detect any possible defects. The safety of the occu-
605.4 Wiring. Flexible cords shall not be used for permanent pants is dependent upon routine safety checks per-
wiring, or for running through doors, windows, or cabinets, formed by competent elevator service technicians.
or concealed within walls, floors, or ceilings. Displaying the certificate of inspection is an aid to
building inspectors and provides the users of the
 Use of flexible cords in place of permanent fixed wir- machinery with some confidence in its safety. This
ing is typically an indication of inadequate electrical requirement will also encourage the owner to obtain

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 MECHANICAL AND ELECTRICAL REQUIREMENTS

the required inspections. Additionally, the option to Bibliography

post the certificate in a publicly conspicuous location The following resource materials were used in the prep-
approved by the code official allows a building opera-
aration of the commentary for this chapter of the code:
tor to request the inspection certificate be placed in a
location other than in the elevator, or on the escalator ASME A17.1/CSA B44-2007, Safety Code For Eleva-
or dumbwaiter, provided that location is a publicly tors and Escalators. New York: American Society of
conspicuous location and approved by the code offi- Mechanical Engineers, 2007.
cial. IFGC-2012, International Fuel Gas Code. Washington,
606.2 Elevators. In buildings equipped with passenger eleva- D.C.: International Code Council, 2011.
tors, at least one elevator shall be maintained in operation at
all times when the building is occupied. IMC-2012, International Mechanical Code. Washington,
D.C.: International Code Council, 2011.
Exception: Buildings equipped with only one elevator
shall be permitted to have the elevator temporarily out of IPC-2012, International Plumbing Code. Washington,
service for testing or servicing. D.C.: International Code Council, 2011.
 If a building has more than one passenger elevator, IRC-2012, International Residential Code. Washington,
at least one such elevator must be kept operational D.C.: International Code Council, 2011.
during all periods of building occupancy. As indicated NFPA 70-11, National Electrical Code. Quincy, MA:
in the exception, a building with only one elevator is National Fire Protection Association, 2011.
allowed to have its elevator temporarily out of service
only for the purpose of maintenance, repair or testing.

SECTION 607
DUCT SYSTEMS
607.1 General. Duct systems shall be maintained free of
obstructions and shall be capable of performing the required
function.
 Exhaust ducts for toilet rooms, bathrooms, kitchens
and clothes dryers require maintenance to prevent
blockages and obstructions that can cause appliance/
equipment malfunction, poor performance and poten-
tial fire hazards. Heating, cooling and ventilation
ducts also need to be maintained to allow proper air-
flow, to maintain proper HVAC equipment operation
and to help eliminate air-borne contaminants that
could cause health hazards. Ducts can collect haz-
ardous quantities of grease, lint, dust and debris that
could be potential fire hazards. Duct systems of all
types are typically ignored by building owners and
occupants and thus receive little or no maintenance.

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6-10 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE® COMMENTARY
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 Chapter 7:
Fire Safety Requirements
General Comments fused), rooms are darkened and the occupants are
dressed in bedclothes. All of these circumstances
Chapter 7 establishes minimum requirements for fire reduce the reaction time of the occupants and increase
safety facilities and fire protection systems. the likelihood that they will make a fatal misjudgment.
A critical element that must be investigated during an
inspection is the condition of fire safety systems.
These provisions take on even greater importance in Purpose
those jurisdictions where periodic fire inspections are Building codes regulating new construction are intended
not conducted in accordance with a comprehensive fire to verify that prior to occupancy, the building has been
code. constructed in a manner that will provide the occupants
In jurisdictions where fire inspections are regularly a relatively safe and secure environment. Once these
performed on existing facilities, all inspections must be new structures are occupied, a variety of hazards inher-
coordinated with cooperation between the appropriate ent in their use may arise. Often, these hazards are
officials to alleviate multiple and duplicative notices and, unanticipated and can affect the overall safety of the
at the worst, conflicting instructions. occupants.
A great potential for a fatal fire occurs where people The purpose of Chapter 7 is to address those fire haz-
sleep—dwelling units, hotels, motels, nursing homes, ards that arise as the result of a building’s occupancy. It
etc. The reasons for the increased hazard are obvious: also provides minimum requirements for fire safety
there are often delayed reactions before people notice a issues that are most likely to arise in older buildings.
fire (occupants waking from sleep are temporarily con-

SECTION 701 contribute to the fire hazard are covered exclusively

GENERAL in the IFC.
 This section establishes the overall goal of the chap- 701.2 Responsibility. The owner of the premises shall pro-
ter and outlines who is responsible for complying with vide and maintain such fire safety facilities and equipment in
its provisions. compliance with these requirements. A person shall not
occupy as owner-occupant or permit another person to
701.1 Scope. The provisions of this chapter shall govern the
occupy any premises that do not comply with the require-
minimum conditions and standards for fire safety relating to
ments of this chapter.
structures and exterior premises, including fire safety facili-
ties and equipment to be provided.  The owner of the premises should provide and main-
tain such fire safety facilities and equipment in com-
 In the International Codes (I-Codes ), the foremost
® ®
pliance with these requirements. A person should not
code to address fire safety in existing buildings is the
occupy as owner-occupant or allow another person to
International Fire Code® (IFC®). Fire safety is also
occupy any premises that does not comply with the
within the scope of the code; however, for correlation
requirements of this chapter.
with the IFC most of the requirements of Chapter 7
This section clearly establishes that the owner of
either parallel or directly reference that code. As
the premises is responsible for compliance with these
stated in the preface to this commentary, sections of
requirements. Whereas occupants who are not own-
this chapter with the [F] designation in front of the
ers have some responsibility in regard to clean and
section number are controlled initially by the Interna-
safe conditions within individual dwelling units (see
tional Fire Code Development Committee during the
Section 301.2), the requirements of this chapter per-
annual code change process of the International
tain to building systems and components that are not
Code Council® (ICC®), thereby preventing conflicts
typically under the control of the occupants.
between the code and the IFC.
Fire safety requirements having to do with means
of egress, fire-resistance rating of building elements SECTION 702
and fire protection systems, such as sprinklers and MEANS OF EGRESS
smoke detectors, are addressed in this chapter. Fire
safety topics such as storage of combustibles, use or  Means of egress in existing buildings is regulated by
storage of hazardous materials and the regulation of the IFC. The IFC contains provisions for number of
certain activities or operations within buildings that exits, egress width, stairs, guards, handrails, corri-

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FIRE SAFETY REQUIREMENTS

dors, dead ends, obstructed exits, exit signs and released by the unlatching mechanism from the inte-
other requirements for evaluating the means of rior, such as panic hardware and security hardware
egress in existing buildings. Aisles, locked doors and involving doorknobs or lever mechanisms, are the
emergency escape openings are life safety features preferred alternative if security is needed.
that are frequently affected by routine operations in
existing buildings, and can be inspected by property [F] 702.4 Emergency escape openings. Required emergency
maintenance inspectors in the course of a typical escape openings shall be maintained in accordance with the
inspection. These topics, therefore, are included in code in effect at the time of construction, and the following.
the subsections of Section 702 of the code. Required emergency escape and rescue openings shall be
operational from the inside of the room without the use of
[F] 702.1 General. A safe, continuous and unobstructed path keys or tools. Bars, grilles, grates or similar devices are per-
of travel shall be provided from any point in a building or mitted to be placed over emergency escape and rescue open-
structure to the public way. Means of egress shall comply ings provided the minimum net clear opening size complies
with the International Fire Code. with the code that was in effect at the time of construction
 Even a slight delay in a fire situation can mean the and such devices shall be releasable or removable from the
difference between life and death. Dangerous levels inside without the use of a key, tool or force greater than that
of smoke can develop in a deceptively quick manner which is required for normal operation of the escape and res-
at the early stages of a fire, and obstruction to means cue opening.
of egress or insufficient means of egress very often
leads to tragedy in a fire.  This section of the code takes into account that many
This section prohibits obstruction of corridors, hall- changes have occurred over the years in the many
ways and stairs by miscellaneous storage that could editions of the construction codes. The provisions for
delay egress. It also prohibits dead-end corridors or emergency escape and rescue openings are only
passageways that could cause confusion or require subject to the code that is in effect at the time of con-
occupants to retrace their steps to find a way out of struction, rather than expecting all structures to retro-
the building. Specific requirements for means of actively meet the requirements of each new code.
egress, such as permissible length of dead-end corri- “Required emergency escape openings” refers to
dors or required means of egress width, are found in the escape windows and doors that are required for
the IFC. sleeping rooms and basements in new construction.
In the IBC, emergency escape openings are required
[F] 702.2 Aisles. The required width of aisles in accordance from all basements as well as all sleeping rooms;
with the International Fire Code shall be unobstructed. however, codes for new construction prior to the
 Assembly occupancies that contain seats, tables, dis- development of the IBC did not require emergency
plays and similar furnishings or equipment present a escape windows in basements without sleeping
unique challenge for efficient and orderly exiting in an rooms.
emergency situation. For this reason, the IFC con- The intent of this section is that emergency escape
tains detailed requirements for the configuration, openings that were required at the time of a building’s
width and availability of aisles in these occupancies. construction be maintained unobstructed. It prohibits
This section requires that aisles be unobstructed so the installation of security devices on these required
that they will serve their intended (and required) func- openings unless the windows or doors provide a net
tion. clear opening of at least that which is required for
new construction in accordance with the IBC. If
[F] 702.3 Locked doors. All means of egress doors shall be installed, these devices must be removable (or mov-
readily openable from the side from which egress is to be able to provide the required net clear opening space)
made without the need for keys, special knowledge or effort, in a manner that facilitates the quick use of the win-
except where the door hardware conforms to that permitted dow in an emergency situation; therefore, security
by the International Building Code. devices that require the unscrewing of screws or
 One of the fundamental principles of means of egress bolts, prying with a bar or unlocking with a key in
in both new and existing buildings is that doors must order to be removed or moved are not permitted on
be readily operable from the “egress side” (the side these openings. In addition, they must not require
occupants approach in order to exit the building). excessive force for their removal, since they may
Locks that require key operation from the inside are need to be operated by children or the elderly.
prohibited except in very limited circumstances
involving security at main entrance doors for certain
occupancies as prescribed in the International Build- SECTION 703
ing Code® (IBC®). Locks that are operated from the FIRE-RESISTANCE RATINGS
interior, such as thumb turns or flush bolts, are typi-
cally prohibited since they require special knowledge  Required fire-resistance-rated walls and opening pro-
or effort, although this is subject to the judgement of tectives are those elements that are required to be
the code official in existing buildings. Doors that are rated in accordance with the code that was in effect at
locked from the exterior of the building but are the time of construction. This section requires that

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 FIRE SAFETY REQUIREMENTS

these be maintained so that they will perform their and fire alarms, are regulated by the IFC (see Com-
intended function. mentary Figure 704.2).
[F] 703.1 Fire-resistance-rated assemblies. The required [F] 704.1.1 Automatic sprinkler systems. Inspection, test-
fire-resistance rating of fire-resistance-rated walls, fire stops, ing and maintenance of automatic sprinkler systems shall be
shaft enclosures, partitions and floors shall be maintained. in accordance with NFPA 25.
 The “required fire-resistance rating” means the  This section gives the code official the necessary
required rating of walls or floors at the time of con- requirements for the inspection, testing and mainte-
struction. These required rated assemblies cannot be nance of fire sprinklers, fire pumps, standpipes, etc.,
compromised in terms of construction or they will not on existing buildings. This information will be useful in
perform as intended in a fire emergency. For areas where the property maintenance inspector is
instance, holes for running pipe or cable cannot be the individual verifying the requirements.
created in rated corridor walls where they extend [F] 704.2 Smoke alarms. Single- or multiple-station smoke
above the ceiling line if the rated walls were required alarms shall be installed and maintained in Group R or I-1
at the time of construction to extend to the floor deck occupancies, regardless of occupant load at all of the follow-
above. Penetrations of this type would be prohibited ing locations:
unless protected as set forth in the IBC for new con-
struction. Similarly, wall sheathing on rated walls can- 1. On the ceiling or wall outside of each separate sleeping
not be removed and replaced unless the new material area in the immediate vicinity of bedrooms.
conforms to the listing for the rated wall. 2. In each room used for sleeping purposes.
[F] 703.2 Opening protectives. Required opening protec- 3. In each story within a dwelling unit, including base-
tives shall be maintained in an operative condition. All fire ments and cellars but not including crawl spaces and
and smokestop doors shall be maintained in operable condi- uninhabitable attics. In dwellings or dwelling units with
tion. Fire doors and smoke barrier doors shall not be blocked split levels and without an intervening door between
or obstructed or otherwise made inoperable. the adjacent levels, a smoke alarm installed on the
 Opening protectives are window and door assemblies upper level shall suffice for the adjacent lower level
that have been tested in accordance with the applica- provided that the lower level is less than one full story
ble standard and have a fire protection rating. For below the upper level.
example, corridor walls that are required to be rated  The greatest danger associated with dwelling units
are also required to have rated door assemblies (typi- and sleeping rooms (Group R or I-1) is that occu-
cally 20 minutes) protecting the door openings. pants may be asleep and unaware of a fire develop-
These doors are required to be self-closing or auto- ing in the room or egress path. Single- or multiple-
matic closing so that they can serve their intended station smoke alarms must be provided in the sleep-
function and limit the spread of smoke and fire in a ing room and in rooms or spaces between the sleep-
fire emergency. If a closer is removed or the door is ing room and the exit access door from the room to
propped open by a doorstop, the door has been increase the likelihood of a fire being detected. This
made inoperable and would allow the free passage of improves the ability of sleeping occupants to
flame and smoke as if the opening were not pro- respond. If the dwelling unit or suite involves more
tected. Similarly, if a fire shutter protecting a window than one level, a smoke alarm must also be provided
opening is removed or propped open such that it will on every separate level.
not operate upon detection of heat, it has been made Smoke alarms are required in split-level arrange-
inoperable and violates this section of the code. ments, except those that meet the conditions
described in Item 3.
[F] 704.3 Power source. In Group R or I-1 occupancies, sin-
SECTION 704
gle-station smoke alarms shall receive their primary power
FIRE PROTECTION SYSTEMS
from the building wiring provided that such wiring is served
 Smoke detectors are an essential life safety feature in from a commercial source and shall be equipped with a bat-
residential occupancies, and are the only fire protec- tery backup. Smoke alarms shall emit a signal when the bat-
tion devices that are required in all dwellings; there- teries are low. Wiring shall be permanent and without a
fore, the code contains provisions for them and disconnecting switch other than as required for overcurrent
references the IFC for installation details. protection.
[F] 704.1 General. All systems, devices and equipment to Exception: Smoke alarms are permitted to be solely bat-
detect a fire, actuate an alarm, or suppress or control a fire or tery operated in buildings where no construction is taking
any combination thereof shall be maintained in an operable place, buildings that are not served from a commercial
condition at all times in accordance with the International power source and in existing areas of buildings undergo-
Fire Code. ing alterations or repairs that do not result in the removal
 Fire protection systems currently in existing buildings, of interior wall or ceiling finishes exposing the structure,
including sprinklers, standpipes, smoke detectors unless there is an attic, crawl space or basement available

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FIRE SAFETY REQUIREMENTS

which could provide access for building wiring without alarm will activate all of the alarms in the individual unit.
the removal of interior finishes. Physical interconnection of smoke alarms shall not be
required where listed wireless alarms are installed and all
 Smoke alarms are required to utilize alternating cur-
alarms sound upon activation of one alarm. The alarm shall
rent (AC) as a primary power source and battery
be clearly audible in all bedrooms over background noise lev-
power as a secondary source in order to enhance
els with all intervening doors closed.
their reliability. For example, during a power outage,
the probability of fire is never decreased; in fact, it is Exceptions:
increased somewhat because of the use of candles 1. Interconnection is not required in buildings which
or lanterns for temporary lighting and the possibility of are not undergoing alterations, repairs or construc-
lightning-related fire. Required backup battery power tion of any kind.
is intended to provide for continued performance of
the smoke alarms. Smoke alarms are commonly 2. Smoke alarms in existing areas are not required to
designed to emit a recurring signal when batteries are be interconnected where alterations or repairs do not
low and need to be replaced. result in the removal of interior wall or ceiling fin-
Certain Group R-1 occupancies may already have ishes exposing the structure, unless there is an attic,
an emergency electrical system provided in the build- crawl space or basement available which could pro-
ing to monitor other building system conditions. The vide access for interconnection without the removal
emergency electrical system provides an equivalent of interior finishes.
level of reliability as compared to battery backup;  The installation of smoke alarms in areas remote
therefore, backup would be unnecessary as stated in from the sleeping area will be of minimal value if the
the exception. alarm is not heard by the occupants. Interconnection
It is not the intent of the code to require smoke of multiple smoke alarms within an individual dwelling
alarms in all existing buildings to be served from a unit, guestroom or suite is required in order to alert a
commercial power source (120 volts AC). Battery- sleeping occupant of a remote fire within the unit
operated smoke alarms may be the only power before the products of combustion reach the smoke
source when a commercial power source is not avail- alarm in the sleeping area, thus providing additional
able or when extensive alteration or repairs are not time for evacuation. It should be noted that the term
being conducted in a building. Where permanent “interconnection” is intended to allow the use of not
building wiring can be installed without the removal of only hard-wired systems, but also those that use
interior finishes, this section recognizes the increased radio signals (wireless systems) (see Section 907.6.1
reliability that a “hard-wired” commercial power of the IBC). Underwriters Laboratories Inc. (UL) has
source can provide; therefore, where feasible, perma- listed smoke alarms that use this new technology.
nent wiring should be provided. These units must be listed for this use. It is presumed
[F] 704.4 Interconnection. Where more than one smoke that on safely evacuating the unit or room of fire ori-
alarm is required to be installed within an individual dwelling gin, an occupant will notify other occupants by actuat-
unit in Group R or I-1 occupancies, the smoke alarms shall be ing the manual fire alarm system or other means
interconnected in such a manner that the activation of one available.

NEW

X X X

X BR HALL BR
X
LIVING ROOM
X RECREATION ROOM

BASEMENT

"X" INDICATES SMOKE ALARM

X INDICATES SMOKE ALARM

IS OPTIONAL IF DOOR IS NOT
PROVIDED BETWEEN LIVING AND
RECREATION ROOMS (ITEM 3)

Figure 704.2
LOCATION OF SMOKE ALARMS IN A SINGLE-FAMILY DWELLING

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 FIRE SAFETY REQUIREMENTS

Exception 1 permits only battery-operated smoke Bibliography

alarms in existing buildings to not be interconnected.
The following resource materials were used in the prep-
The exception recognizes the impracticality of hard
aration of the commentary for this chapter of the code:
wiring and interconnecting smoke alarms in existing
buildings that may or may not have a commercial IBC-2012, International Building Code. Washington,
power source available. Exception 2 recognizes that D.C.: International Code Council, 2011.
interconnecting smoke alarms is typically not feasible IFC-2012, International Fire Code. Washington, D.C.:
unless the extent of alterations or repairs results in International Code Council, 2011.
adequate access being made available for such inter-
connection.

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 Chapter 8:
Referenced Standards
General Comments • An open process that has formal (published)
procedures that allow for the consideration of all
Chapter 8 contains a comprehensive list of all standards viewpoints;
that are referenced in the code. It is organized in a man-
ner that makes it easy to locate specific references. • A definitive review period that allows for the
This chapter lists the standards that are referenced in standard to be updated or revised;
various sections of this document. The standards are • A process of notification to all interested parties;
listed herein by the promulgating agency of the stan- and
dard, the standard identification, the effective date and • An appeals process.
title and the section or sections of this document that
reference the standard. The application of the refer- Many available documents related to plumbing sys-
enced standards shall be as specified in Section 102.7. tem design, installation and construction, though useful,
It is important to understand that not every document are not “standards,” and are not appropriate for refer-
related to building design and construction is qualified to ence in the code. Often, these documents are devel-
be a “referenced standard.” The ICC has adopted a cri- oped or written with the intention of being used for
terion that standards referenced in the International regulatory purposes, and are unsuitable for use as a
Codes® and standards intended for adoption into the regulation due to extensive use of recommendations,
International Codes must meet in order to qualify as a advisory comments and nonmandatory terms. Typical
referenced standard. The policy is summarized as fol- examples of such documents include installation
lows: instructions, guidelines and practices.
The objective of ICC’s standards policy is to provide
• Code references: The scope and application of the regulations that are clear, concise and enforceable—
standard must be clearly identified in the code text. thus the requirement for standards to be written in man-
• Standard content: The standard must be written in datory language. This requirement is not intended to
mandatory language and appropriate for the mean that a standard cannot contain informational or
subject covered. The standard shall not have the explanatory material that will aid the user of the stan-
effect of requiring proprietary materials or dard in its application. When it is the desire of the stan-
prescribing a proprietary testing agency. dard’s promulgating agency for such material to be
• Standard promulgation: The standard must be included, however, the information must appear in a
readily available and developed and maintained in nonmandatory location, such as an annex or appendix,
a consensus process such as ASTM or ANSI. and be clearly identified as not being part of the stan-
dard.
The ICC Code Development Procedures, of which the Overall, standards referenced by the code must be
standards policy is a part, are updated periodically. A authoritative, relevant, up to date and, most important,
copy of the latest version can be obtained from the ICC reasonable and enforceable. Standards that comply
offices. with ICC’s standards policy fulfill these expectations.
Once a standard is incorporated into the code through
the code development process, it becomes an enforce-
able part of the code. When the code is adopted by a Purpose
jurisdiction, the standard also is part of that jurisdiction’s As a performance-oriented code, the code contains
adopted code. It is for this reason that the criteria were numerous references to documents that are used to
developed. Compliance with this policy provides that regulate materials and methods of construction. The ref-
documents incorporated into the code are, among oth- erences to these documents within the code text consist
ers, developed through the use of a consensus process, of the promulgating agency’s acronym, its publication
written in mandatory language and do not mandate the designation (e.g., IBC) and a further indication that the
use of proprietary materials or agencies. The require- document being referenced is the one that is listed in
ment for a standard to be developed through a consen- Chapter 8. Chapter 8 contains all of the information that
sus process is vital, as it means that the standard will be is necessary to identify the specific referenced docu-
representative of the most current body of available ment. Included is the following information on a docu-
knowledge on the subject as determined by a broad ment’s promulgating agency (see Figure 8):
spectrum of interested or affected parties without domi- • The promulgating agency (i.e., the agency’s title);
nance by any single interest group. A true consensus
process has many attributes, including, but not limited • The promulgating agency’s acronym; and
to: • The promulgating agency’s address.

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REFERENCED STANDARDS

For example, a reference to an ICC standard within Chapter 8 identifies that ICC, IBC-12 is titled the Inter-
the code indicates that the document is promulgated by national Building Code®, the applicable edition (i.e., its
the International Code Council® (ICC®), which is located year of publication) is 2012 and it is referenced in four
in Washington, D.C. Chapter 8 lists the standards agen- specific sections of the code.
cies alphabetically for ease of identification. The key aspect of the manner in which standards are
Chapter 8 also includes the following information on referenced by the code is that a specific edition of a
the referenced document itself (see Figure 8): specific standard is clearly identified. In this manner, the
• The document’s publication designation; requirements necessary for compliance can be readily
determined. The basis for code compliance is, there-
• The document’s edition year;
fore, established and available on an equal basis to the
• The document’s title; code official, contractor, designer and owner.
• Any addenda or revisions to the document known This chapter lists the standards that are referenced in
at the time of the code’s publication; and various sections of this document. The standards are
• Every section of the code in which the document is listed herein by the promulgating agency of the stan-
referenced. dard, the standard identification, the effective date and
title and the section or sections of this document that
The heading designations are listed in alphabetical reference the standard. The application of the refer-
order. In this case, there is only one referenced in Fig- enced standards shall be as specified in Section 102.7.
ure 8.

PROMULGATING PROMULGATING
AGENCY’S AGENCY’S TITLE
ACRONYM

International Code Council

ICC
500 New Jersey Avenue, NW
6th Floor PROMULGATING
Washington, DC 20001 AGENCY’S ADDRESS

Standard Referenced
reference in code
number Title section number
IBC—12 International Building Code 102.3, 201.3, 401.3, 702.3

EDITION TITLE OF STANDARD SECTION(S) OF THE

YEAR CODE IN WHICH THE
STANDARD IS
PUBLICATION REFERENCED
DESIGNATION

Figure 8
REFERENCED STANDARDS

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 REFERENCED STANDARDS

This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the
promulgating agency of the standard, the standard identification, the effective date and title and the section or sections of this
document that reference the standard. The application of the referenced standards shall be as specified in Section 102.7.

ASME American Society of Mechanical Engineers

Three Park Avenue
New York, NY 10016-5990
Standard Referenced
reference in code
number Title section number
A17.1/CSA B44—2007 Safety Code for Elevators and Escalators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .606.1

ASTM ASTM International

100 Barr Harbor Drive
West Conshohocken, PA 19428-2959
Standard Referenced
reference in code
number Title section number
F 1346—91 (2003) Performance Specifications for Safety Covers and Labeling Requirements
for All Covers for Swimming Pools, Spas and Hot Tubs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .303.2

ICC International Code Council

500 New Jersey Avenue, NW
6th Floor
Washington, DC 20001
Standard Referenced
reference in code
number Title section number
IBC—12 International Building Code® . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.3, 201.3, 401.3, 702.3
IEBC—12 International Existing Building Code® . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305.1.1, 306.1.1
IFC—12 International Fire Code®. . . . . . . . . . . . . . . . . . . . . . . . . . 201.3, 604.3.1.1, 604.3.2.1, 702.1, 702.2, 704.1, 704.2
IFGC—12 International Fuel Gas Code® . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102.3
IMC—12 International Mechanical Code® . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.3, 201.3
IPC—12 International Plumbing Code® . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201.3, 505.1, 602.2, 602.3
IRC—12 International Residential Code® . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .201.3
IZC—12 International Zoning Code® . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.3, 201.3

NFPA National Fire Protection Association

1 Batterymarch Park
Quincy, MA 02269
Standard Referenced
reference in code
number Title section number
25—11 Inspection, Testing and Maintenance of Water-Based Fire Protection Systems . . . . . . . . . . . . . . . . . . . . 704.1.1
70—11 National Electrical Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102.4, 201.3, 604.2

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 Appendix A:
Boarding Standard
Appendix A provides minimum specifications for boarding a structure. This can be utilized by a jurisdiction as a set of minimum
requirements in order to result in consistent boarding quality. These requirements also provide a reasonable means to eliminate
having to approve numerous methods or materials for the boarding and securing of a structure. It is important to note that the pro-
visions of Appendix A are not mandatory unless specifically referenced in the adopting ordinance of the jurisdiction having
authority.

The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance.

A101 opening. The framing and boarding shall be predrilled. The

GENERAL assembly shall be aligned and the bolts, washers and nuts
A101.1 General. All windows and doors shall be boarded in shall be installed and secured.
an approved manner to prevent entry by unauthorized per- A103.4 Door walls. The door opening shall be framed with
sons and shall be painted to correspond to the color of the minimum 2-inch by 4-inch (51 mm by 102 mm) framing
existing structure. material secured at the entire perimeter and vertical members
at a maximum of 24 inches (610 mm) on center. Blocking
shall also be secured at a maximum of 48 inches (1219 mm)
A102 on center vertically. Boarding sheet material shall be secured
MATERIALS with screws and nails alternating every 6 inches (152 mm) on
A102.1 Boarding sheet material. Boarding sheet material center.
shall be minimum 1/2-inch (12.7 mm) thick wood structural A103.5 Doors. Doors shall be secured by the same method as
panels complying with the International Building Code. for windows or door openings. One door to the structure shall
A102.2 Boarding framing material. Boarding framing be available for authorized entry and shall be secured and
material shall be minimum nominal 2-inch by 4-inch (51 mm locked in an approved manner.
by 102 mm) solid sawn lumber complying with the Interna-
tional Building Code.
A104
A102.3 Boarding fasteners. Boarding fasteners shall be REFERENCED STANDARDS
minimum 3/8-inch (9.5 mm) diameter carriage bolts of such a
length as required to penetrate the assembly and as required IBC—12 International Building Code A102.1, A102.2,
to adequately attach the washers and nuts. Washers and nuts A102.3
shall comply with the International Building Code.

A103
INSTALLATION
A103.1 Boarding installation. The boarding installation
shall be in accordance with Figures A103.1(1) and A103.1(2)
and Sections A103.2 through A103.5.
A103.2 Boarding sheet material. The boarding sheet mate-
rial shall be cut to fit the door or window opening neatly or
shall be cut to provide an equal overlap at the perimeter of the
door or window.
A103.3 Windows. The window shall be opened to allow the
carriage bolt to pass through or the window sash shall be
removed and stored. The 2-inch by 4-inch (51 mm by 102
mm) strong back framing material shall be cut minimum 2
inches (51 mm) wider than the window opening and shall be
placed on the inside of the window opening 6 inches mini-
mum above the bottom and below the top of the window

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APPENDIX A

FIGURE A103.1(1)
BOARDING OF DOOR OR WINDOW

FIGURE A103.1(2)
BOARDING OF DOOR WALL

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 INDEX

A General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.1
ACCESS Other laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.10
Emergency egress . . . . . . . . . . . . . . . . . . . . . . . . 702 Referenced codes and standards . . . . . . . . . . . 102.7
From bedrooms . . . . . . . . . . . . . . . . . . . . . . . 404.4.2 APPROVAL
Plumbing fixtures, access for cleaning . . . . . . . .504.2 Alternatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.2
To public way . . . . . . . . . . . . . . . . . . . . . . . . . . .702.1 Authority . . . . . . . . . . . . . . . . . . . . . . . . . 104.1, 105.2
Toilet room as passageway . . . . . . . . . . . . . . . .503.1 Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.1
Water closet . . . . . . . . . . . . . . . . . . . . . . . . . . 404.4.3 Research reports . . . . . . . . . . . . . . . . . . . . . . . 105.6
ADJACENT Used material and equipment . . . . . . . . . . . . . . 105.4
Privacy (hotel units, rooming units). . . . . . . . . . .404.1 APPROVED
ADMINISTRATION Alternative materials, methods and
equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.2
Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
AGENT (See also OPERATOR, OWNER)
Energy conservation devices . . . . . . . . . . . . . . 603.6
Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
Garbage storage facilities . . . . . . . . . . . . . . . . 308.3.1
AIR
Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.1
Combustion air . . . . . . . . . . . . . . . . . . . . . . . . . .603.5
Used materials and equipment . . . . . . . . . . . . . 105.4
AISLES
ARTIFICIAL
Minimum width . . . . . . . . . . . . . . . . . . . . . . . . . .702.2
Lighting of habitable rooms. . . . . . . . . . . . . . . . 401.3
ALTERATION
Lighting of other spaces . . . . . . . . . . . . . . . . . . 402.3
Applicability of other codes . . . . . . . . . . . . . . . . .102.3
AUTOMOBILE
Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.2
Motor vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . 302.8
Prosecution. . . . . . . . . . . . . . . . . . . . . . . . . . . . .106.3
AWNING
Unlawful acts . . . . . . . . . . . . . . . . . . . . . . . . . . .106.1
Signs, marquees and awnings . . . . . . . . . . . . . 304.9
ANCHOR
Anchored, definition . . . . . . . . . . . . . . . . . . . . . . . 202
Architectural trim. . . . . . . . . . . . . . . . . . . . . . . . .304.8 B
Signs, marquees and awnings . . . . . . . . . . . . . .304.9 BALCONY
Unsafe conditions . . . . . . . . . . . . . . . . . . . . . . 304.1.1 Handrails and guardrails . . . . . . . . . . . . . . . . . 304.12
APPEAL BASEMENT
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111.1 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
Board decision . . . . . . . . . . . . . . . . . . . . . . . . . .111.6 Hatchways . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.16
Board of appeals . . . . . . . . . . . . . . . . . . . . . . . .111.2 Windows . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.17
Court review . . . . . . . . . . . . . . . . . . . . . . . . . . . .111.7 BATHROOM
Disqualification . . . . . . . . . . . . . . . . . . . . . . . . 111.2.3 Common bathrooms . . . . . . . . . . . . . . . . 502.3, 503.1
Financial interest . . . . . . . . . . . . . . . . . . . . . . 111.2.3 Hotels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502.3
Hearing, emergency orders . . . . . . . . . . . . . . . .109.6 Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605.3
Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . .111.2 Locks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503.1
Notice of appeal . . . . . . . . . . . . . . . . . . . . . . . . .111.1 Outlets required . . . . . . . . . . . . . . . . . . . . . . . . 605.2
Postponed hearing . . . . . . . . . . . . . . . . . . . . . . .111.5 Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503.1
Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.6 Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403.2
Right to appeal . . . . . . . . . . . . . . . . . . . . . . . . . .111.1 BATHTUB
Vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111.6 Dwelling units . . . . . . . . . . . . . . . . . . . . . . . . . . 502.1
APPLIANCE Rooming houses . . . . . . . . . . . . . . . . . . . . . . . . 502.2
Cooking . . . . . . . . . . . . . . . . . . . . . . . . . 403.3, 602.2 Sewage system. . . . . . . . . . . . . . . . . . . . . . . . . 506.1
Mechanical . . . . . . . . . . . . . . . . . . . . . . . . . . . . .603.1 Water-heating facilities . . . . . . . . . . . . . . . . . . . 505.4
APPLICABILITY Water system . . . . . . . . . . . . . . . . . . . . . . . . . . 505.1
Application of references . . . . . . . . . . . . . . . . . .102.9

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Agreement. No further reproductions authorized.
INDEX

BOARDING Notices and orders . . . . . . . . . . . . . . . . . . . . . . . . 107

Boarding standard . . . . . . . . . . . . . . . . . . Appendix A Official records . . . . . . . . . . . . . . . . . . . . . . . . . . 104.6
BOILER Personal liability . . . . . . . . . . . . . . . . . . . . . . . . . 103.4
Unsafe equipment . . . . . . . . . . . . . . . . . . . . . 108.1.2 Placarding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.4
Prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106.3
C Removal of placard . . . . . . . . . . . . . . . . . . . . 108.4.1
Right of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . 104.3
CAPACITY
Transfer of ownership . . . . . . . . . . . . . . . . . . . . 107.6
Heating facilities. . . . . . . . . . . . . . 602.2, 602.3, 602.4
Vacant structures . . . . . . . . . . . . . . . . . . . . . . . . 108.2
CAR (See AUTOMOBILE)
Voting of appeals board . . . . . . . . . . . . . 111.2, 111.6
CEILING
COMBUSTION
Basement rooms . . . . . . . . . . . . . . . . . . . . . . . . 404.3
Combustion air . . . . . . . . . . . . . . . . . . . . . . . . . . 603.5
Fire-resistance ratings . . . . . . . . . . . . . . . . . . . . 703.1
COMPONENT SERVICEABILITY
Interior surfaces . . . . . . . . . . . . . . . . . . . . . . . . . 305.3
Unsafe conditions. . . . . . . . . . . . . . . . . . . . . . 306.1.1
Minimum height . . . . . . . . . . . . . . . . . . . . . . . . . 404.3
CONDEMNATION
Sleeping rooms . . . . . . . . . . . . . . . . . . . . . . . . . 404.3
Closing of vacant structures. . . . . . . . . . . . . . . . 108.2
CHANGE, MODIFY
Failure to comply . . . . . . . . . . . . . . . . . . . . . . . . 110.3
Application of other codes . . . . . . . . . . . . . . . . . 102.3
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.1
CHIMNEY
Notices and orders . . . . . . . . . . . . . . . . . 108.2, 108.3
Exterior structure . . . . . . . . . . . . . . . . . . . . . . . 304.11
Placarding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.4
Flue . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603.2, 603.3
Removal of placard . . . . . . . . . . . . . . . . . . . . 108.4.1
CLEANING
CONFLICT
Access for cleaning . . . . . . . . . . . . . . . . . . . . . . 504.2
Conflict of interest . . . . . . . . . . . . . . . . . . . . . 111.2.3
Disposal of garbage. . . . . . . . . . . . . . . . . . . . . . 308.3
Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106.1
Disposal of rubbish . . . . . . . . . . . . . . . . . . . . . . 308.2
CONNECTION
Interior and exterior sanitation . . . . . . . . . . . . . . 308.1
Sewage system . . . . . . . . . . . . . . . . . . . . . . . . . 506.1
Interior surfaces . . . . . . . . . . . . . . . . . . . . . . . . . 305.3
Water heating. . . . . . . . . . . . . . . . . . . . . . . . . . . 505.4
Plumbing facilities, maintained . . . . . . . . . . . . . 504.1
Water system . . . . . . . . . . . . . . . . . . . . . . . . . . . 505.1
Required plumbing facilities. . . . . . . . . . . . . . . . . 502
CONSTRUCTION
Responsibility of persons. . . . . . . . . . . . . . . . . . 305.1
Existing structures . . . . . . . . . . . . . . . . . . . . . . . 101.2
Trash containers . . . . . . . . . . . . . . . . . . . . . . 308.3.2
CONTAINER
Vacant structures and land . . . . . . . . . . . . . . . . 301.3
Garbage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308.3.2
CLEARANCE
Rubbish storage . . . . . . . . . . . . . . . . . . . . . . . 308.2.1
Heating facilities. . . . . . . . . . . . . . . . . . . . . . . . . 603.3
CONTINUOUS
Plumbing fixtures . . . . . . . . . . . . . . . . . . . . . . . . 504.2
Unobstructed egress . . . . . . . . . . . . . . . . . . . . . 702.1
CLOSING
CONTROL
Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109.3
Rodent control . . . . . . . . . . . . . . . . . . . . 302.5, 304.5
Vacant structures. . . . . . . . . . . . . . . . . . . . . . . . 108.2
Safety controls . . . . . . . . . . . . . . . . . . . . . . . . . . 603.4
CLOTHES DRYER
Weed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.4
Exhaust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403.5
COOLING
CODE OFFICIAL
Cooling towers . . . . . . . . . . . . . . . . . . . . . . . . . 304.11
Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . 108.1
CORRIDOR
Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Accumulation of rubbish. . . . . . . . . . . . . . . . . . . 308.1
Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Light . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402.2
Emergency order . . . . . . . . . . . . . . . . . . . . . . . . . 109
Lighting fixtures . . . . . . . . . . . . . . . . . . . . . . . . . 605.3
Enforcement authority . . . . . . . . . . . . . . . . . . . . 104.1
Obstructions . . . . . . . . . . . . . . . . . . . . . . 702.1, 702.2
Failure to comply with demolition order . . . . . . . 110.3
Ratings maintained . . . . . . . . . . . . . . . . . . . . . . . 703
Identification. . . . . . . . . . . . . . . . . . . . . . . . . . . . 104.3
Inspections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104.2
Liability, relief of personal . . . . . . . . . . . . . . . . . 103.4 D
Membership of board of appeals . . . . . . . . . . . . 111.2 DAMP, DAMPNESS
Notice of violation . . . . . . . . . . . . . . . . . . . 104.5, 107 Roofs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.7

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Copyright to, or licensed by, ICC (ALL RIGHTS RESERVED); accessed by Daniel Murphy on Mar 5, 2015 7:10:58 PM pursuant to License
Agreement. No further reproductions authorized.
 INDEX

Window, door frames . . . . . . . . . . . . . . . . . . . .304.13 DUST

DANGEROUS, HAZARDOUS Process ventilation . . . . . . . . . . . . . . . . . . . . . . 403.4
Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . .108.1 DWELLING
Demolition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Cleanliness . . . . . . . . . . . . . . . . . . . . . . . 305.1, 308.1
Electrical hazards . . . . . . . . . . . . . . . . .604.3, 604.3.1 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
Existing remedies . . . . . . . . . . . . . . . . . . . . . . . .102.4 Electrical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604.1
Imminent danger. . . . . . . . . . . . . . . . . . . . . . . . . . 202 Heating facilities . . . . . . . . . . . . . . . . . . . . . . . . . . 602
Unsafe equipment . . . . . . . . . . . . . . . . . . . . . 108.1.2 Required facilities . . . . . . . . . . . . . . . . . . . . . . . . . 502
Unsafe structures or premises . . . . . . . . . . . . 108.1.5
DECKS E
Handrails and guardrails. . . . . . . . . . . . . . . . . .304.12 EGRESS
Maintenance . . . . . . . . . . . . . . . . . . . . . 304.2, 304.10
Aisles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 702.2
DEMOLITION
Emergency escape . . . . . . . . . . . . . . . . . . . . . . 702.4
Existing remedies . . . . . . . . . . . . . . . . . . . . . . . .102.4 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 702.1
Failure to comply . . . . . . . . . . . . . . . . . . . . . . . .110.3
Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402.2
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Locked doors . . . . . . . . . . . . . . . . . . . . . . . . . . 702.3
Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110.2 Obstructions prohibited . . . . . . . . . . . . . . . . . . . 702.1
Salvage materials . . . . . . . . . . . . . . . . . . . . . . . .110.4
Stairs, porches and railings. . . . . . . . . . . . . . . 304.10,
DETECTORS
305.4, 305.5, 307.1
Smoke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 704 ELECTRIC, ELECTRICAL EQUIPMENT
DETERIORATION
Abatement of hazards, fire exposure . . . . . . . 604.3.2
Components of systems . . . . . . . . . . . . . . . . . 306.1.1
Abatement of hazards, water exposure . . . . . 604.3.1
Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Condemnation. . . . . . . . . . . . . . . . . . . . . . . . . . 108.1
Exterior structure . . . . . . . . . . . . . . . . . . . . . . 304.1.1
Electrical equipment . . . . . . . . . . . . . . . . . . 604.3.1.1
Exterior walls . . . . . . . . . . . . . . . . . . . . . . . . . . .304.6
Facilities required . . . . . . . . . . . . . . . . . . . . . . . 604.1
DIRECT Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604.3
Egress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .702.1
Installation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605.1
DISPOSAL
Lighting fixtures. . . . . . . . . . . . . . . . . . . . . . . . . 605.3
Disposal of garbage . . . . . . . . . . . . . . . . . . . . . .308.3 Receptacles . . . . . . . . . . . . . . . . . . . . . . 604.3, 605.2
Disposal of rubbish . . . . . . . . . . . . . . . . . . . . . . .308.2
Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . 601.2
DOOR
Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604.2
Exit doors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .702.3 ELEVATOR, ESCALATORS, DUMBWAITERS
Fire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .703.2
Condemnation. . . . . . . . . . . . . . . . . . . . . . . . . . 108.1
Hardware . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.15
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 606.1
Insect screens . . . . . . . . . . . . . . . . . . . . . . . . .304.14 Maintenance . . . . . . . . . . . . . . . . . . . . . . 606.1, 606.2
Interior surfaces . . . . . . . . . . . . . . . . . . . . . . . . .305.3
EMERGENCY
Locks . . . . . . . . . . . . . . . . . . . . . . . . . . 304.15, 702.3
Emergency escape openings . . . . . . . . . . . . . . 702.4
Maintenance . . . . . . . . . . . . . . . . . . . . 304.13, 304.15 Emergency measures . . . . . . . . . . . . . . . . . . . . . . 109
Weather tight . . . . . . . . . . . . . . . . . . . . . . . . . .304.13
Emergency orders. . . . . . . . . . . . . . . . . . . . . . . 109.1
Window and door frames . . . . . . . . . . . . . . . . .304.13
ENFORCEMENT
DORMITORY (ROOMING HOUSE, HOTEL, MOTEL) Duties and powers . . . . . . . . . . . . . . . . . . . . . . . . 104
Locked doors . . . . . . . . . . . . . . . . . . . . . . . . . . .702.3
Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2
Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . 503.1, 503.2
EQUIPMENT
DRAIN, DRAINAGE Alternative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.2
Basement hatchways . . . . . . . . . . . . . . . . . . . .304.16
Combustion air . . . . . . . . . . . . . . . . . . . . . . . . . 603.5
Plumbing connections . . . . . . . . . . . . . . . . . . . . . 506
Condemnation. . . . . . . . . . . . . . . . . . . 108.1.2, 108.3
Storm drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . 507 Electrical installation . . . . . . . . . . . . . . . . . . . . . 605.1
DUCT
Emergency order . . . . . . . . . . . . . . . . . . . . . . . 109.1
Exhaust duct . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.9
Energy conservation devices . . . . . . . . . . . . . . 603.6
Duct systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . 607 Installation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603.1

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Agreement. No further reproductions authorized.
INDEX

Interior structure. . . . . . . . . . . . . . . . . . . . . . . . . 305.1 Scope, fire safety . . . . . . . . . . . . . . . . . . . . . . . . 701.1

Placarding . . . . . . . . . . . . . . . . . . . . . . . 108.4, 108.5 Smoke alarms . . . . . . . . . . . . . . . . . . . . . . . . . . 704.2
Prohibited use . . . . . . . . . . . . . . . . . . . . . . . . . . 108.5 FLAMMABLE LIQUID
Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . 601.2 Containers . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.1.2
Safety controls . . . . . . . . . . . . . . . . . . . . . . . . . . 603.4 FLOOR, FLOORING
Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2 Area for sleeping purposes . . . . . . . . . . . . . . 404.4.1
Scope, mechanical and electrical . . . . . . . . . . . 601.1 Fire-resistance ratings . . . . . . . . . . . . . . . . . . . . 703.1
Support, definition . . . . . . . . . . . . . . . . . . . . . . . . 202 Interior surfaces . . . . . . . . . . . . . . . . . . . 305.1, 305.3
Unsafe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.1.2 Space requirements . . . . . . . . . . . . . . . 404.4.1, 404.6
Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.4 FOOD PREPARATION
EXHAUST Cooking equipment . . . . . . . . . . . . . . . . . . . . . . 403.3
Clothes dryer . . . . . . . . . . . . . . . . . . . . . . . . . . . 403.5 Sanitary condition. . . . . . . . . . . . . . . . . . 305.1, 404.7
Exhaust ducts . . . . . . . . . . . . . . . . . . . . . . . . . . 304.9 Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403.4
Process ventilation. . . . . . . . . . . . . . . . . . . . . . . 403.4 FOUNDATION
EXISTING Condemnation . . . . . . . . . . . . . . . . . . . . . . . . 108.1.1
Remedies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.4 Foundation walls . . . . . . . . . . . . . . . . . . . . . . . . 304.5
Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2 Unsafe conditions. . . . . . . . . . . . . . . 304.1.1, 305.1.1
Structural members . . . . . . . . . . . . . . . 304.1.1, 304.4 FRAME
Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.3 Window and door frames . . . . . . . . . . . . . . . . . 304.13
EXTERIOR
Decorative features . . . . . . . . . . . . . . . . . . . . . . 304.8 G
Exterior structure . . . . . . . . . . . . . . . . . . . . . . . . . 304
GAS
Exterior walls . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.6 Energy conservation devices . . . . . . . . . . . . . . . 603.6
Painting . . . . . . . . . . . . . . . . . . . . . . . . . 304.2, 304.6
Exhaust vents. . . . . . . . . . . . . . . . . . . . . . . . . . . 302.6
Rodent harborage . . . . . . . . . . . . . . . . . 302.5, 304.5
GLAZING
Sanitation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.1 Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.13.1
Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301.1
GRADE
Stair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.10
Drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . 302.2, 507
Street numbers . . . . . . . . . . . . . . . . . . . . . . . . . 304.3 GUARD
Unsafe conditions . . . . . . . . . . . . . . . . . . . . . 304.1.1
Anchorage and maintenance . . . . . . . . . . . . . . 304.12
Weather tight . . . . . . . . . . . . . . . . . . . . . . . . . . 304.13
Basement windows . . . . . . . . . . . . . . . . . . . 304.18.2
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
F
FAN H
Exhaust vents . . . . . . . . . . . . . . . . . . . . . . . . . . 302.6
HABITABLE
FEES, EXPENSES, COST Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
Closing vacant structures . . . . . . . . . . . . . . . . . 108.2
Light . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402
Demolition . . . . . . . . . . . . . . . . . . 110.1, 110.3, 110.4
Minimum ceiling height. . . . . . . . . . . . . . . . . . . . 404.3
Extermination. . . . . . . . . . 309.2, 309.3, 309.4, 309.5 Minimum room width . . . . . . . . . . . . . . . . . . . . . 404.2
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103.5
Required plumbing facilities . . . . . . . . . . . . . . . . . 502
Relief from personal liability. . . . . . . . . . . . . . . . 103.4
Residential heating facilities. . . . . . . . . . 602.2, 602.3
FENCE Space requirements . . . . . . . . . . . . . . . . . . . . 404.4.1
Accessory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.7
Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403
Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.2
HANDRAILS AND GUARDRAILS
FIRE Handrails . . . . . . . . . . . . . . . . . . 304.12, 305.5, 307.1
Automatic sprinkler systems . . . . . . . . . . . . . 704.1.1
Stairs and porches . . . . . . . . . . . . . . . . . . . . . . 304.10
Fire-resistance-rated assemblies. . . . . . . . . . . . 703.1
HARDWARE
Fire protection systems . . . . . . . . . . . . . . . . . . . . 704 Door hardware . . . . . . . . . . . . . . . . . . . 304.15, 702.3
Responsibility, fire safety . . . . . . . . . . . . . . . . . . 701.2
Openable windows. . . . . . . . . . . . . . . . . . . . 304.13.2
Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2

INDEX-4 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE® COMMENTARY

Copyright to, or licensed by, ICC (ALL RIGHTS RESERVED); accessed by Daniel Murphy on Mar 5, 2015 7:10:58 PM pursuant to License
Agreement. No further reproductions authorized.
 INDEX

HAZARDOUS (See DANGEROUS, HAZARDOUS) J

HEAT, HEATING JURISDICTION
Energy conservation devices . . . . . . . . . . . . . . .603.6 Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.1
Fireplaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .603.1
Heating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .603.1
K
Mechanical equipment . . . . . . . . . . . . . . . . . . . .603.1
Required capabilities . . . . . . . . . . . . . . . . . . . . . . 602 KITCHEN
Residential heating . . . . . . . . . . . . . . . . . 602.2, 602.3 Electrical outlets required . . . . . . . . . . . . . . . . . 605.2
Supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .602.3 Minimum width . . . . . . . . . . . . . . . . . . . . . . . . . 404.2
Water heating facilities . . . . . . . . . . . . . . . . . . . .505.4 Prohibited use . . . . . . . . . . . . . . . . . . . . . . . . . 404.4.4
Water system . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505 Room lighting . . . . . . . . . . . . . . . . . . . . . . . . . . 605.3
HEIGHT Water heating facilities . . . . . . . . . . . . . . . . . . . 505.4
Minimum ceiling height . . . . . . . . . . . . . . . . . . . .404.3
HOT (See HEAT, HEATING) L
HOTELS, ROOMING HOUSES AND DORMITORY LANDING
UNITS, MOTELS Handrails and guards . . . . . . . . . . . . . . . . . . . 304.12,
Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 305.5, 306.1
Locked doors . . . . . . . . . . . . . . . . . . . . . . . . . . .702.3 Maintenance . . . . . . . . . . . . . . . . . . . . . 304.10, 305.4
Required facilities . . . . . . . . . . . . . . . . . . . . . . . . . 502 LAUNDRY
Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503 Room lighting . . . . . . . . . . . . . . . . . . . . . . . . . . 605.3
HOUSEKEEPING UNIT Water-heating facilities . . . . . . . . . . . . . . . . . . . 505.4
Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 LAVATORY
Hotels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502.3
I Required facilities . . . . . . . . . . . . . . . . . . . . . . . . . 502
IDENTIFICATION Rooming houses . . . . . . . . . . . . . . . . . . . . . . . . 502.2
Code official . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.4 Sanitary drainage system . . . . . . . . . . . . . . . . . . . 506
INFESTATION Water-heating facilities . . . . . . . . . . . . . . . . . . . 505.4
Condemnation . . . . . . . . . . . . . . . . . . . . . . . . 108.1.3 Water system . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505
Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 LEASE (SELL, RENT)
Insect and rodent . . . . . . . . . . . .302.5, 304.14, 309.1 Heat supplied . . . . . . . . . . . . . . . . . . . . . . . . . . 602.3
INSECTS Salvage materials . . . . . . . . . . . . . . . . . . . . . . . 110.4
Infestation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .309.1 Transfer of ownership . . . . . . . . . . . . . . . . . . . . 107.6
Insect screens . . . . . . . . . . . . . . . . . . . . . . . . .304.14 LIEN
Pest elimination . . . . . . . . . . . . . . . . . . . . . . . . . . 309 Closing of vacant structures . . . . . . . . . . . . . . . 108.2
INSPECTIONS Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110.3
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.2 Failure to comply. . . . . . . . . . . . . . . . . . . . . . . . 110.3
Right of entry . . . . . . . . . . . . . . . . . . . . . . . . . . .104.3 LIGHT, LIGHTING
INSPECTOR Common halls and stairways . . . . . . . . . 402.2, 605.3
Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.4 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402
Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.2 Habitable rooms . . . . . . . . . . . . . . . . . . . . . . . . 402.1
Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.6 Kitchen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605.3
INTENT Laundry rooms . . . . . . . . . . . . . . . . . . . . . . . . . 605.3
Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.3 Luminaires . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605.3
INTERIOR Other spaces. . . . . . . . . . . . . . . . . . . . . . . . . . . 402.3
Interior structure . . . . . . . . . . . . . . . . . . . . . . . . . . 305 Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . 401.2
Interior surfaces . . . . . . . . . . . . . . . . . . . . . . . . .305.3 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2
Means of egress . . . . . . . . . . . . . . . . . . . . . . . . . . 702 Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . 605.3
Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .305.1 LIVING ROOM
Unsafe conditions . . . . . . . . . . . . . . . . . . . . . . 305.1.1 Room area . . . . . . . . . . . . . . . . . . . . . . . . . . . 404.4.1

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Copyright to, or licensed by, ICC (ALL RIGHTS RESERVED); accessed by Daniel Murphy on Mar 5, 2015 7:10:58 PM pursuant to License
Agreement. No further reproductions authorized.
INDEX

LOAD, LOADING NUISANCE

Elevators, escalators and dumbwaiters . . . . . . . 606.1 Closing of vacant structures. . . . . . . . . . . . . . . . 108.2
Handrails and guardrails . . . . . . . . . . . 304.12, 305.5
Live load . . . . . . . . . . . . . . . . . . . . . . . . 304.4, 305.2 O
Stairs and porches. . . . . . . . . . . . . . . . 304.10, 305.2 OBSTRUCTION
Structural members . . . . . . . . . . . . . . . . 304.4, 305.2 Light . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402.1
Right of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . 104.3
M OCCUPANCY (See USE)
MAINTENANCE OPENABLE
Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.2 Locked doors . . . . . . . . . . . . . . . . . . . . . . . . . . . 702.3
MATERIAL Windows. . . . . . . . . . . . . . . . . . . . . . . 304.13.2, 403.1
Alternative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.2 OPERATOR
Salvage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110.4 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.4 ORDER (See NOTICE)
MEANS OF EGRESS (See EGRESS) ORDINANCE, RULE
MECHANICAL Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603.1 Application for appeal. . . . . . . . . . . . . . . . . . . . . 111.1
Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . 601.2 OUTLET
Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 601.1 Electrical. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605.2
Ventilation, general . . . . . . . . . . . . . . . . . . . . . . . 403 OWNER
Ventilation, toilet rooms . . . . . . . . . . . . . . . . . . . 403.2 Closing of vacant structures. . . . . . . . . . . . . . . . 108.2
MINIMUM Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
Ceiling height . . . . . . . . . . . . . . . . . . . . . . . . . . . 404.3 Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Room area . . . . . . . . . . . . . . . . . . . . . . . . . . . 404.4.1 Failure to comply . . . . . . . . . . . . . . . . . . . . . . . . 110.3
Room width . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404.2 Insect and rat control . . . . . . . . . . 302.5, 309.2, 309.4
MODIFICATION Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 107.1, 108.3
Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.1 Pest elimination . . . . . . . . . . . . . . . . . . . . . . . . . 309.2
MOTEL (See HOTELS) Placarding of structure . . . . . . . . . . . . . . . . . . . . 108.4
MOTOR VEHICLES Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . 301.2
Inoperative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.8 Responsibility, fire safety . . . . . . . . . . . . . . . . . . 701.2
Painting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.8 Responsibility, light, ventilation . . . . . . . . . . . . . 401.2
Responsibility, mechanical and electrical. . . . . . 601.2
N Responsibility, plumbing facilities. . . . . . . . . . . . 501.2
NATURAL Right of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . 104.3
Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . 401.3, 402 Rubbish storage . . . . . . . . . . . . . . . . . . . . . . . 308.2.1
Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . 401.3, 403 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2
NOTICES AND ORDERS Transfer of ownership . . . . . . . . . . . . . . . . . . . . 107.6
Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111.1
Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107.2 P
Method of service . . . . . . . . . . . . . . . . . . . . . . . 107.3 PASSAGEWAY
Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Common hall and stairway. . . . . . . . . . . . . . . . . 402.2
Owner, responsible person . . . . . . . . . . . . . . . . 107.1 Interior surfaces . . . . . . . . . . . . . . . . . . . . . . . . . 305.3
Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107.5 Toilet rooms, direct access . . . . . . . . . . . . . . . . 503.1
Placarding of structure. . . . . . . . . . . . . . . . . . . . 108.4 PENALTY
Transfer of ownership . . . . . . . . . . . . . . . . . . . . 107.6 Notices and orders . . . . . . . . . . . . . . . . . . . . . . . 107.5
Unauthorized tampering . . . . . . . . . . . . . . . . . . 107.4 Placarding of structure . . . . . . . . . . . . . . . . . . . . 108.4
Vacating structure . . . . . . . . . . . . . . . . . . . . . . . 108.2 Prohibited occupancy. . . . . . . . . . . . . . . . . . . . . 108.5
NOXIOUS Removal of placard . . . . . . . . . . . . . . . . . . . . 108.4.1
Process ventilation. . . . . . . . . . . . . . . . . . . . . . . 403.4 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2
Weeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.4 Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106.4

INDEX-6 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE® COMMENTARY

Copyright to, or licensed by, ICC (ALL RIGHTS RESERVED); accessed by Daniel Murphy on Mar 5, 2015 7:10:58 PM pursuant to License
Agreement. No further reproductions authorized.
 INDEX

PEST ELIMINATION Failure to comply. . . . . . . . . . . . . . . . . . . . . . . . 110.3

Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . .108.1 Grading and drainage . . . . . . . . . . . . . . . . . . . . 302.2
Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Pest elimination, multiple occupancy . . . 302.5, 309.4
Insect and rodent control 302.5, 304.5, 304.14, 309.1 Pest elimination, single occupancy . . . . . 302.5, 309.3
Pest elimination . . . . . . . . . . . . . . . . . . . . . . . . .309.1 Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . 301.2
Responsibility of owner. . . . . . . . . . . . . . 301.2, 309.2 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301.1
Responsibility of tenant-occupant.309.3, 309.4, 309.5 Storm drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . 507
PLACARD, POST Vacant structures and land . . . . . . . . . . . . . . . . 301.3
Closing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108.2 PROTECTION
Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . .108.1 Basement windows . . . . . . . . . . . . . . . . . . . . . 304.17
Demolition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Fire protection systems. . . . . . . . . . . . . . . . . . . . . 704
Emergency, notice . . . . . . . . . . . . . . . . . . . . . . .109.1 Signs, marquees and awnings . . . . . . . . . . . . . 304.9
Notice to owner. . . . . . . . . . . . . . . . . . . . 107.1, 108.3 PUBLIC
Placarding of structure . . . . . . . . . . . . . . . . . . . .108.4 Cleanliness . . . . . . . . . . . . . . . . . . . . . . . 304.1, 305.1
Prohibited use. . . . . . . . . . . . . . . . . . . . . . . . . . .108.5 Egress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 702.1
Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.4.1 Hallway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502.3
PLUMBING Sewage system. . . . . . . . . . . . . . . . . . . . . . . . . 506.1
Clean and sanitary . . . . . . . . . . . . . . . . . . . . . . .504.1 Toilet facilities . . . . . . . . . . . . . . . . . . . . . . 502.5, 503
Clearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .504.2 Vacant structures and land . . . . . . . . . . . . . . . . 301.3
Connections . . . . . . . . . . . . . . . . . . . . . . . . . . . .505.1 Water system . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505
Contamination . . . . . . . . . . . . . . . . . . . . . . . . . .505.2 PUBLIC WAY
Employee’s facilities . . . . . . . . . . . . . . . . . . . . . .503.3 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
Fixtures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .504.1
Required facilities . . . . . . . . . . . . . . . . . . . . . . . . . 502 R
Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . .501.2
RAIN (PREVENTION OF ENTRY INTO BUILDING
Sanitary drainage system . . . . . . . . . . . . . . . . . . . 506 EXTERIOR ENVELOPE)
Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .501.1 Basement hatchways . . . . . . . . . . . . . . . . . . . 304.16
Storm drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . 507 Exterior walls. . . . . . . . . . . . . . . . . . . . . . . . . . . 304.6
Supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .505.3 Grading and drainage . . . . . . . . . . . . . . . . . . . . 302.2
Water heating facilities . . . . . . . . . . . . . . . . . . . .505.4 Roofs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.7
PORCH Window and door frames . . . . . . . . . . . . . . . . 304.13
Handrails . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.12 RECORD
Structurally sound . . . . . . . . . . . . . . . . . . . . . . .304.10 Official records . . . . . . . . . . . . . . . . . . . . . . . . . 104.6
PORTABLE (TEMPORARY) REPAIR
Cooking equipment. . . . . . . . . . . . . . . . . . . . . . .603.1 Application of other codes. . . . . . . . . . . . . . . . . 102.3
PRESSURE Chimneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.11
Water supply. . . . . . . . . . . . . . . . . . . . . . . . . . . .505.3 Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110.1
PRIVATE, PRIVACY Exterior surfaces . . . . . . . . . . . . . . . . . . . . . . . . 304.1
Bathtub or shower . . . . . . . . . . . . . . . . . . . . . . .503.1 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.3
Occupancy limitations. . . . . . . . . . . . . . . . . . . . .404.1 Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.2
Required plumbing facilities . . . . . . . . . . . . . . . . . 502 Signs, marquees and awnings . . . . . . . . . . . . . 304.9
Sewage system . . . . . . . . . . . . . . . . . . . . . . . . .506.1 Stairs and porches . . . . . . . . . . . . . . . . . . . . . 304.10
Water closet and lavatory . . . . . . . . . . . . . . . . . .503.1 Weather tight. . . . . . . . . . . . . . . . . . . . . . . . . . 304.13
Water system . . . . . . . . . . . . . . . . . . . . . . . . . . .505.1 Workmanship . . . . . . . . . . . . . . . . . . . . . . . . . . 102.5
PROPERTY, PREMISES REPORTS
Cleanliness . . . . . . . . . . . . . . . . . . . . . . . 304.1, 308.1 Test reports. . . . . . . . . . . . . . . . . . . . . . . . . . . 105.3.2
Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 RESIDENTIAL
Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Pest elimination. . . . . . . . . . . . . . . . . . . . . . . . . . . 309
Demolition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Residential heating . . . . . . . . . . . . . . . . . . . . . . 602.2
Emergency measures. . . . . . . . . . . . . . . . . . . . . . 109 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2
Exterior areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302

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Agreement. No further reproductions authorized.
INDEX

RESPONSIBILITY Disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308.2

Pest elimination . . . . . . . . . . . . . . . . . . . . . . . . . . 309 Garbage facilities . . . . . . . . . . . . . . . . . . . . . . 308.3.1
Fire safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 701.2 Rubbish storage . . . . . . . . . . . . . . . . . . . . . . . 308.2.1
Garbage disposal. . . . . . . . . . . . . . . . . . . . . . . . 308.3
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301.2 S
Mechanical and electrical . . . . . . . . . . . . . . . . . 601.2
SAFETY, SAFE
Persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301.1
Fire safety requirements . . . . . . . 701, 702, 703, 704
Placarding of structure. . . . . . . . . . . . . . . . . . . . 108.4 Safety controls . . . . . . . . . . . . . . . . . . . . . . . . . . 603.4
Plumbing facilities . . . . . . . . . . . . . . . . . . . . . . . 501.2
SANITARY
Rubbish storage. . . . . . . . . . . . . . . . . . . . . . . 308.2.1
Cleanliness. . . . . . . . . . . . . . . . . . . . . . . 304.1, 305.1
Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2, 301.1 Disposal of garbage . . . . . . . . . . . . . . . . . . . . . . 308.3
REVOKE, REMOVE
Disposal of rubbish. . . . . . . . . . . . . . . . . . . . . . . 308.2
Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Exterior property areas. . . . . . . . . . . . . . . . . . . . 302.1
Existing remedies . . . . . . . . . . . . . . . . . . . . . . . 102.4 Exterior structure . . . . . . . . . . . . . . . . . . . . . . . . 304.1
Removal of placard . . . . . . . . . . . . . . . . . . . . 108.4.1
Food preparation . . . . . . . . . . . . . . . . . . . . . . . . 404.7
Rubbish removal . . . . . . . . . . . . . . . . . . . . . . 308.2.1
Furnished by occupant. . . . . . . . . . . . . . . . . . . . 302.1
RIGHT OF ENTRY Grease interceptors . . . . . . . . . . . . . . . . . . . . . . 506.3
Duties and powers of code official . . . . . . . . . . . 104.3
Interior surfaces . . . . . . . . . . . . . . . . . . . . . . . . . 305.3
Inspections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104.2
Plumbing fixtures . . . . . . . . . . . . . . . . . . . . . . . . 504.1
RODENTS Required plumbing facilities . . . . . . . . . . . . . . . . . 502
Basement hatchways. . . . . . . . . . . . . . . . . . . . 304.16
Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2
Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
SCREENS
Foundations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.5 Insect screens . . . . . . . . . . . . . . . . . . . . . . . . . 304.14
Guards for basement windows . . . . . . . . . . . . 304.17
SECURITY
Harborage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.5
Basement hatchways . . . . . . . . . . . . . . . . . . 304.18.3
Insect and rodent control . . . . . . . . . . . . . . . . . . 309.1 Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.18
Pest elimination . . . . . . . . . . . . . . . . . . . . . 302.5, 309
Doors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.18.1
ROOF
Vacant structures and land . . . . . . . . . . . . . . . . 301.3
Exterior structure . . . . . . . . . . . . . . . . . . . . . . . . 304.1 Windows. . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.18.2
Roofs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.7
SELF-CLOSING SCREEN DOORS
Storm drainage . . . . . . . . . . . . . . . . . . . . . . . . . . 507
Insect screens . . . . . . . . . . . . . . . . . . . . . . . . . 304.14
ROOM SEPARATION
Bedroom and living room. . . . . . . . . . . . . . . . . . 404.4
Fire-resistance ratings . . . . . . . . . . . . . . . . . . . . . 703
Cooking facilities . . . . . . . . . . . . . . . . . . . . . . . . 403.3
Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404.1
Direct access . . . . . . . . . . . . . . . . . . . . . . . . . . . 503.2 Separation of units . . . . . . . . . . . . . . . . . . . . . . . 404.1
Habitable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402.1
SERVICE
Heating facilities. . . . . . . . . . . . . . . . . . . . . . . . . . 602
Electrical. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604.2
Light . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 Method . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107.3
Minimum ceiling heights . . . . . . . . . . . . . . . . . . 404.3
Notices and orders . . . . . . . . . . . . . . . . . 107.1, 108.3
Minimum width. . . . . . . . . . . . . . . . . . . . . . . . . . 404.2
Service on occupant. . . . . . . . . . . . . . . . . . . . . . 108.3
Overcrowding. . . . . . . . . . . . . . . . . . . . . . . . . . . 404.5 SEWER
Prohibited use . . . . . . . . . . . . . . . . . . . . . . . . 404.4.4
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 506.1
Temperature . . . . . . . . . . . . . . . . . . . . . . . . . . . 602.5
Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . 506.2
Toilet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503 SHOWER
Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403
Bathtub or shower . . . . . . . . . . . . . . . . . . . . . . . 502.1
ROOMING HOUSES (See DORMITORY)
Rooming houses . . . . . . . . . . . . . . . . . . . . . . . . 502.2
RUBBISH Water-heating facilities. . . . . . . . . . . . . . . . . . . . 505.4
Accumulation . . . . . . . . . . . . . . . . . . . . . . . . . . . 308.1
Water system . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202

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Agreement. No further reproductions authorized.
 INDEX

SIGN General, exterior . . . . . . . . . . . . . . . . . . . . . . . . 304.1

Signs, marquees and awnings . . . . . . . . . . . . . .304.9 General, interior structure . . . . . . . . . . . . . . . . . 305.1
Unauthorized tampering . . . . . . . . . . . . . . . . . . .107.4 Placarding of structure . . . . . . . . . . . . . . . . . . . 108.4
SINGLE-FAMILY DWELLING Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301.1
Extermination . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309 Structural members. . . . . . . . . . . . . . . . . 304.4, 305.2
SINK Vacant structures and land . . . . . . . . . . . . . . . . 301.3
Kitchen sink . . . . . . . . . . . . . . . . . . . . . . . . . . . .502.1 SUPPLY
Sewage system . . . . . . . . . . . . . . . . . . . . . . . . . . 506 Combustion air . . . . . . . . . . . . . . . . . . . . . . . . . 603.5
Water supply. . . . . . . . . . . . . . . . . . . . . . . . . . . .505.3 Public water system . . . . . . . . . . . . . . . . . . . . . 505.1
SIZE Water-heating facilities . . . . . . . . . . . . . . . . . . . 505.4
Efficiency unit . . . . . . . . . . . . . . . . . . . . . . . . . . .404.6 Water supply . . . . . . . . . . . . . . . . . . . . . . . . . . . 505.3
Habitable room, light. . . . . . . . . . . . . . . . . . . . . . . 402 Water system . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505
Habitable room, ventilation . . . . . . . . . . . . . . . . . . 403 SURFACE
Room area . . . . . . . . . . . . . . . . . . . . . . . . . . . 404.4.1 Exterior surfaces . . . . . . . . . . . . . . . . . . . 304.2, 304.6
SMOKE Interior surfaces . . . . . . . . . . . . . . . . . . . . . . . . 305.3
Alarms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .704.2 SWIMMING
Interconnection . . . . . . . . . . . . . . . . . . . . . . . . . .704.4 Enclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303.2
Power source . . . . . . . . . . . . . . . . . . . . . . . . . . .704.3 Safety covers . . . . . . . . . . . . . . . . . . . . . . . . . . 303.2
SPACE Swimming pools . . . . . . . . . . . . . . . . . . . . . . . . 303.1
General, light . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402
General, ventilation. . . . . . . . . . . . . . . . . . . . . . . . 403 T
Occupancy limitations. . . . . . . . . . . . . . . . . . . . . . 404
TEMPERATURE
Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .404.1
Nonresidential structures . . . . . . . . . . . . . . . . . 602.4
Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .401.1
Residential buildings . . . . . . . . . . . . . . . . . . . . . 602.2
STACK
Water-heating facilities . . . . . . . . . . . . . . . . . . . 505.4
Smoke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.11
TENANT
STAIRS
Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2
Common halls and stairways, light . . . . . . . . . . .402.2
TEST, TESTING
Exit facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . .305.4
Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.3.1
Exterior property areas . . . . . . . . . . . . . . . . . . . .302.3
Methods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.3.1
Handrails . . . . . . . . . . . . . . . . . . . . . . . 304.12, 305.5
Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.3.2
Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .605.3
Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.3
Stairs and porches . . . . . . . . . . . . . . . . . . . . . .304.10
TOXIC
STANDARD
Process ventilation . . . . . . . . . . . . . . . . . . . . . . 403.4
Referenced . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102.7
TRASH
STOP WORK ORDER
Rubbish and garbage . . . . . . . . . . . . . . . . . . . . . . 308
Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .112.1
Emergencies. . . . . . . . . . . . . . . . . . . . . . . . . . . .112.3
Failure to comply . . . . . . . . . . . . . . . . . . . . . . . .112.4 U
Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .112.2 UNOBSTRUCTED
STORAGE Access to public way. . . . . . . . . . . . . . . . . . . . . 702.1
Food preparation . . . . . . . . . . . . . . . . . . . . . . . .404.7 General, egress . . . . . . . . . . . . . . . . . . . . . . . . 702.1
Garbage storage facilities . . . . . . . . . . . . . . . . . .308.3 UNSAFE STRUCTURES AND EQUIPMENT
Rubbish storage facilities . . . . . . . . . . . . . . . . 308.2.1 Abatement methods . . . . . . . . . . . . . . . . . . . . . 108.6
Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .308.1 Dangerous structure or premises . . . . . . . . . . 108.1.5
STRUCTURE Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.1.2
Accessory structures . . . . . . . . . . . . . . . . . . . . .302.7 Existing remedies . . . . . . . . . . . . . . . . . . . . . . . 102.4
Closing of vacant structures . . . . . . . . . . . . . . . .108.2 General, condemnation. . . . . . . . . . . . . . . . . 108, 110
Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 General, demolition. . . . . . . . . . . . . . . . . . . . . . . . 110
Emergency measures. . . . . . . . . . . . . . . . . . . . . . 109 Notices and orders . . . . . . . . . . . . . . . . . . 107, 108.3
General, condemnation . . . . . . . . . . . . . . . . . . . . 110 Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.7

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Agreement. No further reproductions authorized.
INDEX

Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.1.1 W
USE WALK
Application of other codes . . . . . . . . . . . . . . . . . 102.3 Sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.3
General, demolition . . . . . . . . . . . . . . . . . . . . . . . 110 WALL
UTILITIES Accessory structures . . . . . . . . . . . . . . . . . . . . . 302.7
Authority to disconnect . . . . . . . . . . . . . . . . . 108.2.1 Exterior surfaces . . . . . . . . . . . . . . . . . . 304.2, 304.6
Exterior walls . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.6
V Foundation walls . . . . . . . . . . . . . . . . . . . . . . . . 304.5
VACANT General, fire-resistance rating . . . . . . . . . . . . . . 703.1
Abatement methods. . . . . . . . . . . . . . . . . . . . . . 108.6 Interior surfaces . . . . . . . . . . . . . . . . . . . . . . . . . 305.3
Authority to disconnect service utilities . . . . . 108.2.1 Outlets required . . . . . . . . . . . . . . . . . . . . . . . . . 605.2
Closing of vacant structures . . . . . . . . . . . . . . . 108.2 Temperature measurement . . . . . . . . . . . . . . . . 602.5
Emergency measure . . . . . . . . . . . . . . . . . . . . . . 109 WASTE
Method of service . . . . . . . . . . . . . . . . . 107.3, 108.3 Disposal of garbage . . . . . . . . . . . . . . . . . . . . . . 308.3
Notice to owner or to Disposal of rubbish. . . . . . . . . . . . . . . . . . . . . . . 308.2
person responsible . . . . . . . . . . . . . . . . . 107, 108.3 Garbage storage facilities . . . . . . . . . . . . . . . 308.3.1
Placarding of structure. . . . . . . . . . . . . . . . . . . . 108.4 WATER
Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.7 Basement hatchways . . . . . . . . . . . . . . . . . . . . 304.16
Vacant structures and land . . . . . . . . . . . . . . . . 301.3 Connections . . . . . . . . . . . . . . . . . . . . . . . . . . . . 506.1
VAPOR Contamination . . . . . . . . . . . . . . . . . . . . . . . . . . 505.2
Exhaust vents . . . . . . . . . . . . . . . . . . . . . . . . . . 302.6 General, sewage . . . . . . . . . . . . . . . . . . . . . . . . . 506
VEHICLES General, storm drainage . . . . . . . . . . . . . . . . . . . 507
Inoperative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.8 General, water system . . . . . . . . . . . . . . . . . . . . . 505
Painting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.8 Heating. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505.4
VENT Hotels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502.3
Plumbing hazard . . . . . . . . . . . . . . . . . . . . . . . . 504.3 Kitchen sink . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502.1
Exhaust vents . . . . . . . . . . . . . . . . . . . . . . . . . . 302.6 Required facilities. . . . . . . . . . . . . . . . . . . . . . . . . 502
Flue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603.2 Rooming houses . . . . . . . . . . . . . . . . . . . . . . . . 502.2
VENTILATION Supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505.3
Clothes dryer exhaust . . . . . . . . . . . . . . . . . . . . 403.5 System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505
Combustion air. . . . . . . . . . . . . . . . . . . . . . . . . . 603.5 Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Water-heating facilities. . . . . . . . . . . . . . . . . . . . 505.4
General, ventilation . . . . . . . . . . . . . . . . . . . . . . . 403 WEATHER, CLIMATE
Habitable rooms. . . . . . . . . . . . . . . . . . . . . . . . . 403.1 Heating facilities . . . . . . . . . . . . . . . . . . . . . . . . . . 602
Process ventilation. . . . . . . . . . . . . . . . . . . . . . . 403.4 WEEDS
Recirculation . . . . . . . . . . . . . . . . . . . . . 403.2, 403.4 Noxious weeds. . . . . . . . . . . . . . . . . . . . . . . . . . 302.4
Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403.2 WIDTH
VERMIN Minimum room width . . . . . . . . . . . . . . . . . . . . . 404.2
Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 WINDOW
Insect and rodent control . . . . . . . . . . . . . . 302.5, 309 Emergency escape . . . . . . . . . . . . . . . . . . . . . . 702.4
VIOLATION Glazing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.13.1
Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Guards for basement windows. . . . . . . . . . . . . 304.17
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Habitable rooms . . . . . . . . . . . . . . . . . . . . . . . . . 402.1
Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107, 108.3 Insect screens . . . . . . . . . . . . . . . . . . . . . . . . . 304.14
Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106.4 Interior surface . . . . . . . . . . . . . . . . . . . . . . . . . . 305.3
Placarding of structure. . . . . . . . . . . . . . . . . . . . 108.4 Light . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402
Prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106.3 Openable windows. . . . . . . . . . . . . . . . . . . . 304.13.2
Strict liability offense . . . . . . . . . . . . . . . . . 106.3, 202 Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403.2
Transfer of ownership . . . . . . . . . . . . . . . . . . . . 107.6 Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403

INDEX-10 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE® COMMENTARY

Copyright to, or licensed by, ICC (ALL RIGHTS RESERVED); accessed by Daniel Murphy on Mar 5, 2015 7:10:58 PM pursuant to License
Agreement. No further reproductions authorized.
 INDEX

Weather tight . . . . . . . . . . . . . . . . . . . . . . . . . .304.13

Window and door frames . . . . . . . . . . . . . . . . .304.13
WORKMANSHIP
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102.5

2012 INTERNATIONAL PROPERTY MAINTENANCE CODE® COMMENTARY INDEX-11

Copyright to, or licensed by, ICC (ALL RIGHTS RESERVED); accessed by Daniel Murphy on Mar 5, 2015 7:10:58 PM pursuant to License
Agreement. No further reproductions authorized.