Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1469 04-24-2001
ORDINANCE NO. 1469 AN ORDINANCE ADOPTING A NON - RESIDENTIAL PROPERTY MAINTENANCE CODE; AMENDING THE CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS TO ADD A NEW ARTICLE VIII "NOW RESIDENTIAL PROPERTY MAINTENANCE CODE" TO CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" OF SAID CODE OF ORDINANCES; ESTABLISHING MAINTENANCE STANDARDS FOR NOW RESIDENTIAL STRUCTURES AND PREMISES WITHIN THE CITY; PROVIDING FOR INSPECTION OF SUCH PREMISES; PROVIDING FOR MODIFICATION OF SUCH STANDARDS; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR APPEALS FROM DECISIONS OF THE CODE OFFICER VEREUNDER; PROVIDING STANDARD DEFINITIONS; PROVIDING SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE AND EFFECTIVE DATE. WHEREAS, the City of Euless, Texas currently has in force a Minimum Housing Code governing the maintenance and construction standards for residential properties leased within the city; and WHEREAS, city staff has compiled a Non - Residential Property Maintenance Code, gathering together regulations governing maintenance and construction standards for non - residential properties within the city; and WHEREAS, said Non - Residential Property Maintenance Code establishes minimum standards for habitability, structural stability, sanitation and life safety within and around such structures; and WHEREAS, the City Council of the City of Euless, Texas, after study now finds and determines that health, safety and general welfare of the citizens of Euless would be promoted by the enactment of the following Non - Residential Property Maintenance Code, regulating non - residential structures and buildings within the city. NOW, THEREFORE, BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: That Chapter 14 "BUILDINGS AND BUILDING REGULATIONS' of the Code of Ordinances of the City of Euless, Texas, as amended, be hereby amended by the addition thereto of a new Article VIII "NON- RESIDENTIAL PROPERTY MAINTENANCE CODE ", which new article shall hereafter be and read as follows: ARTICLE VIII NON - RESIDENTIAL PROPERTY MAINTENANCE CODE DIVISION 1 Sec. 14.600 Administration (a)Title. These regulations shall be known as the Non - Residential Property Maintenance Code of the City of Euless, hereinafter referred to as "this code." (b) Scope. The provisions of this code shall apply to all non - residential structures and all non - residential premises and constitute minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties- (c)Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of substandard structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. (d) Severability. If a section, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. Sec.14.601 APPLICABILITY (a)General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 14.600 (b). Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern. (b)Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises. (c)Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the building, plumbing, electrical and mechanical codes and National Fire Protection Association (NFPA) 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Unified Development Code (UDC). E (d) Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the city or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe or unsanitary. (e) Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions. (f) Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated by the state or other jurisdictions as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. (g) Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Division 8 and considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. (h) Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. SECTION 14.602 - INSPECTION (a)The Administrator is hereby Directed to inspect any non - residential property, structure, premise or any part thereof when complaints are filed by any person or any city department, division or section to the effect that a property, structure, premise or any part thereof is, or maybe, existing in violation of this division. (b)General. The division of non - residential property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official. (c) Appointment. The code official shall be appointed by the city manager (d) Deputies. With the concurrence of the city manager, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees (e) Restriction of employees. An official or employee connected with the enforcement of this code, except one whose only connection is that of a member of the board of appeals established under the provisions of Section 14.611 (a), shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents therefor, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the department. SECTION 14.603 DUTIES AND POWERS OF THE CODE OFFICIAL (a) General. The code official shall enforce the provisions of this code. (b) Code Official authority. The code official for the purpose of this ordinance shall be deemed as being the Building Official or his designee having authority as necessary in the interest of public health, safety and general welfare to interpret and implement the provisions of this code, to secure the intent therefor and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of violating accepted engineering methods involving public safety. (c)Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. (c) Right of entry. The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law. (d) Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. (e) Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. (f) Department records. The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or structures to which such records relate remains in existence, unless otherwise provided for by other regulations. (g) Coordination of inspections. Whenever in the enforcement of this code or another code or ordinance, the responsibility of more than one code official of the jurisdiction is involved, it shall be the duty of the code officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector's authority to enforce, the inspector shall report the findings to the code official having jurisdiction. SECTION 14.604 APPROVAL (a) Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases, provided the code official shall first find that a specific individual reason or reasons make the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files. (b) Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. (c) Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or 'in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. (d) Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall approve the testing procedures. (e) Testing agency. All tests shall be performed by an approved agency. (f) Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records. (g) Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements have been reconditioned and tested when necessary, placed in good and proper working condition and approved. SECTION 14.605 VIOLATIONS (a) Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. (b) Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 14.606. (c) Prosecution of violation. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. (d) Violation penalties. Any person who violates a provision of this code, or fails to comply therewith, or with any of the requirements thereof shall be guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with Chapter 7 " General Provisions ", Section 1 -12 " General Penalty" of the Euless Code of Ordinances. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (e) Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. SECTION 14.606 NOTICES AND ORDERS (a) Notice to owner or to person or persons responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefore in the manner prescribed in this Section. Notices for condemnation procedures shall also comply with Section 14.608 (g). (b) Form. Such notice prescribed in shall: 1. Be in writing; 2. Include a description of the real estate sufficient for identification; 3. Include a statement of the violation or violations. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the structure or premises into compliance with the provisions of this code. © Method of service. Such notice shall be deemed to be properly served if a copy thereof is: 1. Delivered personally; or 2. Sent by certified or first -class mail addressed to the last known address; or 3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. (d) Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 14.605 (d). (e) Transfer of ownership. It shall be unlawful for the owner of any structure who has received a compliance order or upon whom a notice of violation has been served, to sell, transfer, mortgage, lease or otherwise dispose of any interest in such property to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. SECTION 14.607 UNSAFE STRUCTURES AND EQUIPMENT (a) General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. (b) Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is possible. (c) Unsafe equipment. Unsafe equipment includes but is not limited to any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. (d) Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. (e) Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. (f) Closing of vacant structures. If the structure is vacant and unfit for occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which -the structure is located and shall be a lien upon such real estate. (g) Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 14.606 (c). If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 14.606 (b). (h) Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. (i) Prohibited occupancy. Any person who occupies a placarded premises or operates placarded equipment, and any owner or any person responsible for the premises who allows anyone occupy a placarded premises or operate placarded equipment shall be guilty of a violation and shall be subject to the penalties provided by this code. 0) Removal of placard. The code official shall remove or allow the removal of the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be guilty of a violation and shall be subject to the penalties provided by this code. SECTION 14.608 EMERGENCY MEASURES (a) Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. (b) Temporary safeguards. Not withstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the, code official shall order the necessary work to be done, including the boarding -up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. (c) Closing streets. When necessary for the public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. (d) Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. (e) Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. Reimbursement shall be made to the City within 30 days from receipt of an invoice for said work. If the invoice is not paid within 30 days from receipt of invoice a lien may be attached to the property for the invoice amount, plus an administrative fee as specified in Section 30-44 of the Code of Ordinances. (f) Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 14.609 DEMOLITION (a) General. The code official shall order the owner of any premises upon which is located any structure, which in the code official's judgement is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure. (b) Notices and orders. All notices and orders shall comply with Section 14.606. (c) Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition, removal and an administrative fee per Section 30 -44 of the Code of Ordinances shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate, if the property owner does not pay the costs within 30 days from date of invoice. (d) Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. SECTION 14.610 NON - RESIDENTIAL PROPERTY STANDARDS, INSPECTIONS AND ENFORCEMENT (a) STANDARDS. Continued maintenance and observance of the standards contained in this chapter are conditions that shall be complied with. All city building, electrical, plumbing, heating, air conditioning, health, zoning, fire safety and other applicable ordinances not specifically identified in the main body of this ordinance shall be complied with at all times. Property Owners shall keep records that reflect the names of all tenants in each unit. Said records shall be available for review by the Administrator during regular working hours and upon receipt of reasonable notice. (b) INSPECTIONS, REINSPECTIONS. The owner, resident manager and /or property manager, shall consent and agree to allow the Administrator to make the following inspections of the property when and as needed to ensure compliance with this ordinance. The Administrator has right and access to inspect all portions of the premises and structures located on the premises, as well as right and access to inspect all unoccupied units upon giving reasonable notice to owner, or property manager. (c) ENFORCEMENT. The Administrator may enforce the provisions of this ordinance, upon presentation of proper identification to the occupant in charge of any unit, and may enter, with the occupant's permission, any unit between the hours of 8:00 a.m. and 5:00 p.m.; provided, however, that in cases of emergency where extreme hazards are known to exist which may involve imminent injury to persons, loss of life or severe property damage, the Administrator may enter the aforementioned unit at any time and the requirement for permission shall not apply. Whenever the Administrator is denied admission to inspect any premises under this provision, inspection shall be made only under authority of a warrant issued by a magistrate authorizing the inspection. In applying for such a warrant, the Administrator shall submit to the magistrate an affidavit setting forth his belief that a violation of this ordinance exists with respect to the place sought to be inspected and the reasons for such belief. Such affidavit shall designate the location of such place and the name of the person believed to be the occupant thereof, if known. If the magistrate finds that probable cause exists for an inspection of the premises in question, a warrant may be issued, authorizing the inspection, such warrant describing the premises with sufficient certainty to identify same. Any warrants issued will constitute authority for the Administrator to enter upon and inspect premise described therein. SECTION 14.611 MEANS OF APPEAL (a) Appeals to the city. The owner, resident manager or property manager of such property may appeal any decision or order of the code official to the board of adjustments or its designated representative of the city by filing at the office of the board of adjustments, within five working days (Monday through Friday) of such decision or order, a written appeal to the board of adjustments on a form to be supplied by the board of adjustments. As soon as practicable after receiving the written appeal, the board of adjustments shall fix a date, time and place for the hearing of the appeal. Written notice of such date, time and place of the hearing rshall be given to each appellant by the board of adjustments, or its agent, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the written appeal, or if none, to the address shown on the appellants last issued license. Failure of any person to file an appeal in accordance with the provisions of this Code shall constitute a waiver of his right of a hearing by the board of adjustments. DIVISION 2 DEFINITIONS 14.620. General (a) Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this division. (b) Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular. © Terms defined in other codes. Where terms are not defined in this code and are defined in the building, fire prevention, uniform development code (U.D.C.) plumbing or mechanical codes, ASME A17.1 and NFPA 70, such terms shall have the meanings ascribed to them as in those codes. (d) Terms not defined. Where terms are not defined, through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. (e) Parts. Whenever the words "premises," "building," or "story' are stated in this code, they shall be construed as though they were followed by the words "or any part thereof." 14.621. GENERAL DEFINITIONS APPROVED. Approved by the code official. BASEMENT. That portion of a building which is partly or completely below grade. BATHROOM. A room containing plumbing fixtures including a bathtub or shower. CODE OFFICIAL. The Building Official or his designee who is charged with the administration and enforcement of this code. CONDEMN. To adjudge unfit for occupancy. EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises. EXTERMINATION. The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. IDENTIFICATION PROPER. Shall mean a City of Euless issued CODE Enforcement Officer Badge. IMMINENT HAZARD. A condition which could cause serious or life- threatening injury or death at any time. INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. LABELED. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above - labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards. LET FOR OCCUPANCY OR LET. To permit, provide or offer possession or occupancy of a building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual or business occupying a building; or having possession of a space within a building. OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property, or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person. PERSON. An individual, corporation, partnership or any other group acting as a unit. PREMISES. A lot, plot or parcel of land including any structures thereon. PUBLIC WAY. Is any street, alley, tunnel or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use and having a clear width of not less than 10 feet. RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. STRUCTURE. That which is built or constructed or a portion thereof. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. WORKMANLIKE. Executed in a skilled manner; e.g.; generally plumb, level, square, in line, undamaged, and without marring adjacent work. YARD. Open space on the same lot with a structure. DIVISION 3 GENERAL REQUIREMENTS Section 14.632 (a) Scope. The provisions of this division shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. (b) Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in Sections 14.636 and 14.637 A person shall not occupy as owner - occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a building are responsible for keeping in a clean, sanitary and safe condition that part of the building or premises, which they occupy and control. (c) Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 14.633 EXTERIOR PROPERTY AREAS (a) Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property, which such occupant occupies or controls, in a clean and sanitary condition. (b) Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention and /or detention areas and reservoirs. (c) Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. Stairs shall comply with the requirements of Section 14.634 (k) and 14.6570) (d) Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 inches. (e) Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes, which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. (f) Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. (g) Accessory structures. All accessory structures, including detached garages, storage buildings, fences, signs, swimming pools, hot tubs and walls, shall be maintained structurally sound and in good repair. (h) Gates which are required to be self - closing and self - latching in accordance with the building code and Unified Development Code (UDC) shall be maintained such that the gate will positively close and latch when released from a still position of 6 inches (152 mm) from the gatepost. (i) Motor vehicles. Except as provided for in other regulations, no unregistered or non - inspected motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. 0) Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. 1. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair within 72 hours of notification unless an extension is granted by the code official due to extenuating circumstances. (k) Flag and Banner. All flags and banners shall be maintained in an intact and visually pleasing condition. This includes the absence of tattered or frayed edges; tom, ripped, or otherwise damaged exterior or interior, and; discoloration due to sun damage, age, staining, graffiti or other causes. SECTION 14.634 EXTERIOR STRUCTURE (a) General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. (b) Protective treatment. All exterior surfaces of structures and accessory structures, including but not limited to, doors, door and window frames, cornices, porches and trim, shall be maintained in good condition. Exterior wood surfaces, other than decay- resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. (c) Street numbers. Each structure to which a street number has been assigned shall have such number displayed in a position easily observed and readable from the public way. All numbers shall be 8" in height. (d) Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. (e) Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents. (f) Exterior walls. All exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. (g) Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. (h) Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. (i) Overhang extensions. All canopies, marquees, signs, metal awnings, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather- coating materials, such as paint or similar surface treatment. 0) Stair and walking surfaces. Every stair, ramp, balcony, porch, deck or other walking surface shall comply with the provisions of Section 14.657(1) and 14.6570). (k) Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. (1) Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather - coating materials, such as paint or similar surface treatment. (m) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. (n) Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. (1) Glazing. All glazing materials shall be maintained free from cracks and holes. (2) Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in an open position by window hardware. (o) Insect screens. Every door, window and other outside opening required for ventilation of food preparations areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall have a self - closing device in good working condition. Exception: Screen doors shall not be required where other approved means, such as air curtains or insect repellent fans, are employed and approved by the Health Department. (p) Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. (q) Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. (r) Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. (s) All exterior surfaces. All exterior surfaces which depend upon paint or other finishes to protect the surface from damage due to the elements shall be maintained and re- coated as needed to prevent damage to the material. SECTION 14.635 INTERIOR STRUCTURE (a) General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. Every owner of a structure containing two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. (b) Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. (c) Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. (d) Stairs and railings. All interior stairs and railings shall be maintained in sound condition and good repair. (e) Stairs and walking surfaces. Every stair, ramp, balcony, porch, deck or other walking surface shall comply with the provisions of Section 14.657 (1). (f) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. (g) Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. SECTION 14.636 RUBBISH AND GARBAGE (a) Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. (b) Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. 1. Rubbish storage facilities. The owner of every occupied premises shall supply approved enclosed and covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish. (c) Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. 1. Garbage facilities. The owner of every non residential structure shall supply the following: an approved leak proof, covered, outside garbage container which is enclosed per Unified Development Code (UDC) requirements 2. Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with closefitting covers for the storage of such materials until removed from the premises for disposal. Section 14.637. Extermination (a) Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re- infestation. (b) Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. (c) Single occupant. The occupant of a single- tenant nonresidential structure shall be responsible for extermination on the premises. (d) Multiple occupancy. The owner of a structure containing multiple occupancies shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupants shall be responsible for extermination. (e) 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 extermination. DIVISION 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS Section 14.638 General (a) Scope. The provisions of this division shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. (b) Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner - occupant, or permit another person to occupy, any premises that do not comply with the requirements of this division. (c) Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the building code shall be permitted. SECTION 14.639 LIGHT (a) Common halls and stairways. Every common hall and stairway shall be lighted at all times with at least a 60 -watt standard incandescent light bulb or equivalent for each 200 square feet (19 m2) of floor area, provided that the spacing between lights shall not be greater than 30 feet (9.14m). Every exterior means of egress stairway shall be illuminated with a minimum of 1 foot - candle (11 lux) at floors, landings and treads at all times the building is occupied. (b) Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. SECTION 14.640 VENTILATION (a) Bathroom and toilet rooms. Every bathroom and toilet room shall have a minimum of (1) operable window not less than (3) square feet in area, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical exhaust ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be re- circulated. (b) Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, smoke, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be re- circulated to any space. (c) Clothes dryer exhaust. Clothes dryer venting systems shall be independent of all other systems and shall be vented in accordance with the mechanical code in effect at the time of installation and the manufacturer's instructions. (d) Ventilation systems, including heating and air conditioning systems shall be maintained in proper working condition. Any modifications or repairs to a ventilation system shall be done in accordance with the mechanical code in effect and the equipment manufacturer's instructions. SECTION 14.641 OCCUPANCY LIMITATIONS (a) Minimum ceiling heights. Office spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and occupied basement areas shall have a clear ceiling height of not less than 7 feet (2134 mm). Exception: 1. Rooms having a sloped ceiling over all or part of the room, with a clear ceiling height of at least 7 feet (2,134 mm) over not less than one half of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of 5 feet (1524 mm) or more shall be included. (b) Food preparation. All spaces to be occupied for food preparation purposes shall SECTION 14.642. GENERAL contain suitable space and equipment to store, prepare and serve foods in accordance with the currently adopted "Texas Food Establishment Rules ". There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage in accordance with the currently adopted Plumbing Code and "Texas Food Establishment Rules ". (c) Any equipment including but not limited to ventilating /exhaust equipment food disposals, water heaters, dishwashers, and grease traps used in conjunction with a food establishment which is utilized to aid or maintain sanitary conditions shall be maintained in proper working condition. Failure to maintain said equipment may result in business closure until the necessary repairs are completed. DIVISION 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS (a) Scope. The provisions of this division shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. (b) Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner - occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this division. SECTION 14.643 REQUIRED FACILITIES (a) Hotels. A minimum of one water closet, one lavatory and one bathtub or shower shall be provided for each individual hotel sleeping room or suite. (b) Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees. (c) Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler, or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. SECTION 14.644 TOILET ROOMS (a) Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all single use bathrooms and toilet rooms. (b) Single Use. Single use bathrooms are defined as bathrooms with only (1) water closet. (c) Location of employee toilet facilities. Toilet facilities shall have access from within the employees' regular working area. The required toilet facilities shall be located not more than one story above or below the employees' regular working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or public customer facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities. SECTION 14.645 PLUMBING SYSTEMS AND FIXTURES (a) General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. (b) Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning in accordance with the applicable requirements in effect during the installation. (c) Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. SECTION 14.646 WATER SYSTEM (a) General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot and cold running water in accordance with the plumbing code. (b) Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood -level rim of the fixture. Shampoo basin faucets, janitor sink faucets, and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an atmospheric -type vacuum breaker or an approved permanently attached hose connection vacuum breaker. (c) Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. (d) Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility. The water heating system shall be designed to provide water to the required fixtures listed above at a temperature of not less than 120 °F (49 0C). The water heating system shall provide water to the required fixtures at a temperature of not less than 100 °F (38 0C). A gas- burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room or confined space opening into a bath or bedroom. An approved combination temperature and pressure relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. SECTION 14.647 SANITARY DRAINAGE SYSTEM (a) General. All plumbing fixtures shall be properly connected to the public sewer system. (b) Maintenance. Every plumbing stack, vent, waste and sewer line shall function as designed and shall be kept free from obstructions, -leaks and defects. SECTION 14.648 STORM DRAINAGE (a) General. Drainage from roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance or is detrimental to adjacent property or properties. DIVISION 6 MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 14.649 GENERAL (a) Scope. The provisions of this division shall govern the minimum mechanical and electrical facilities and equipment to be provided. (b) Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner - occupant or permit another person to occupy any premises which does not comply with the requirements of this division. SECTION 14.650 HEATING & COOLING FACILITIES (a) Living Quarters. Living quarters shall be provided with heating facilities capable of maintaining a room temperature of not less than 65 °F (18 °C) in all habitable rooms, bathrooms and toilet rooms and said facilities shall be operable when necessary to maintain said temperature. (b) Heat supply. Every owner and operator of any building who rents, leases or lets one or more rooming units, dormitories or guestrooms on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 65 °F (18 °C) in all habitable rooms, bathrooms, and toilet rooms. (c) Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than 65 °F (18 °C) during the period the spaces are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities. (d) Cooling supply. Living quarters shall be designed to cool to a twenty (20) degree differential between inside and outside temperatures, and function to at least fifteen (15) degree differential. (e) Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. SECTION 14.651 MECHANICAL EQUIPMENT (a) Mechanical equipment. All mechanical equipment, fireplaces and solid fuel - burning appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. (b) Cooking and heating equipment. All cooking and heating equipment, components and accessories in every heating, cooking and water - heating device shall be maintained free from leaks and obstructions. (c) Cooking equipment. Cooking appliances shall not be used to provide space heating to meet the minimum requirements of Section 14.650 (c). (d) Removal of combustion products. All fuel - burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel- burning equipment and appliances which are labeled and locally approved by the building official for unvented operation. (e) Clearances. All required clearances to combustible materials shall be maintained in accordance with the building, mechanical and or plumbing code in effect at the time of installation of the appliance(s). (f) Safety controls. All safety controls for fuel - burning equipment shall be maintained in effective operation. (g) Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel - burning equipment shall be provided for the fuel - burning equipment. (h) Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel- burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved by the building official. SECTION 14.652 ELECTRICAL FACILITIES (a) Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 14.653. (b) Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the electrical code. Every occupied building shall be served by a main service that is not less than 100 amperes, three wires. (c) Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. Failure to correct electrical system hazards may result in the termination of electrical service until the deficiencies are corrected. SECTION 14.653 ELECTRICAL EQUIPMENT (a) Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. (b) Receptacles. Every occupied space shall contain adequate receptacles to power all related electrical devices essential to the operation of the business without the improper use of extension cords. Every laundry area shall contain at least one grounded -type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. (c) Lighting fixtures. Every occupied room or space, public hall, stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture. SECTION 14.654 ELEVATORS, ESCALATORS AND DUMBWAITERS (a) General. Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate properly, and to be free from physical and fire hazards. The most current certificate of inspection shall be on display at all times within the elevator or escalator or dumbwaiter in the absence of an on -site office of the building operator. (b) Elevators. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied. Inoperable elevators shall be repaired within 10 days unless an extension has been granted from the building official. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. Testing or servicing shall not exceed a 10 hour period. SECTION 14.655 DUCT SYSTEMS (a) General. Duct systems shall be maintained free of all obstructions and shall be capable of providing the required function. (b) Cleaning. Ventilation ducts shall be cleaned periodically to eliminate dust build up and possible growth of bacteria or micro- organisms. (c) Filters. Single use /disposable filters shall be replaced at intervals of 30 days or as recommended by the system manufacturer. Electrostatic and other permanent filters shall be inspected and cleaned as recommended by the manufacturer. DIVISION 7 FIRE SAFETY REQUIREMENTS SECTION 14.656 GENERAL (a) Scope. The provisions of this division shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided. (b) Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner- occupant or permit another person to occupy any premises that do not comply with the requirements of this division. SECTION 14.657 MEANS OF EGRESS (a) General. A safe, continuous and unobstructed path of travel shall be provided and maintained from any point in a building or structure to the public way. (b) Exit capacity. The capacity of the exits serving a floor shall be sufficient for the occupant load thereof as determined by the building code. (c) Number of exits. In nonresidential buildings, every occupied story more than two stories above grade shall be provided with not less than two independent exits. In hotel /motel buildings, every story exceeding one story above grade shall be provided with not less than two independent exits. In stories above the first story, all occupants shall have access to at least two exits. Every occupied story which is both totally below grade and greater than 2,000 square feet (186 m2) shall be provided with not less than two independent exits. Exception: A single exit is acceptable under any one of the following conditions: 1. Where an existing fire escape conforming to the building code is provided in addition to the single exit. 2. Where permitted by the building code in effect at the time of construction or alteration. (d) Arrangement. Exits shall not lead through toilet rooms, bathrooms or other rooms unless otherwise permitted in the Building Code in effect at the time of construction or alteration. (e) Exit signs. All means of egress shall be indicated with approved "Exit' signs where required by the building code. All "Exit' signs shall be maintained visible and all illuminated "Exit" signs shall be illuminated at all times that the building is occupied. (f) Corridor enclosure. All corridors serving an occupant load greater than 30 and the openings therein shall provide an effective barrier to resist the movement of smoke. All transoms, louvers, doors and other openings shall be closed or shall be self - closing. Exceptions: 1. Corridors in office occupancies serving an occupancy load of less than 100, which are equipped throughout with an automatic sprinkler system, and corridor smoke detection system. 2. Patient room doors in corridors in health care occupancies where smoke barriers are provided in accordance with the fire prevention code, are not required to be self - closing. 3. Corridors in educational occupancies where each room that is occupied for instruction or assembly purposes has at least one -half of the required means of egress doors opening directly to the exterior of the building at ground level. 4. Corridors that are in compliance with the building code. (g) Dead -end travel distance. All corridors that serve more than one exit shall provide direct connection to such exits. The length of a dead -end corridor shall not exceed 20'. Exception: Dead ends that are in compliance with the building code. (h) Aisles. Arrangements of chairs or tables and chairs shall provide for ready access by aisle accessways and aisles to each egress door. The minimum clear width of each aisle in assembly, educational and health care occupancies shall be maintained in accordance with the requirements of the building code. In all other occupancies, aisles shall have a minimum required clear width of 44 inches (1118 mm) where serving an occupant load greater than 50, and 36 inches (914 mm) where serving an occupant load of 50 or less. The clear width of aisles shall not be obstructed by chairs, tables or other objects. (i) Stairways, handrails and guards. Every exterior and interior flight of stairs serving any building or portion thereof and having more than one riser, shall have a handrail on at least one side of the stair. Every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762mm) above the floor or grade below shall have guards in accordance with the building code requirements in effect during construction of the building. Handrails shall not be less than 34 inches nor more than 38 inches high, measured vertically above the nosing of the tread or above the finished floor of the landing or walking surface. Guards shall not be less than 42 inches high above the floor of the landing, balcony, porch, deck, ramp or other walking surface. Exception: 1. Guards are not required at any location where guards are exempted by the building code. 2. Guards which met building code requirements in effect at the time the building was constructed. Q) Stairway identification. A sign shall be provided at each floor landing in all interior stairways more than three stories above grade, designating the floor level above the floor of exit discharge. All elevator lobby call stations on all floor levels shall be identified by approved signs in accordance with the requirements for new buildings in the building code. (k) Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except as provided for in Section 14.657 (L). (L) Locks permitted. Locks or fasteners shall not be installed on egress doors except in accordance with the following conditions: 1. In mental, penal or other institutions where the security of inmates is necessary, in which case properly trained supervisory personnel shall be continuously on duty and approved provisions are made to remove occupants safely in case of fire or other emergency. 2. In problem security areas, special - purpose door alarms or locking devices shall be approved prior to installation. Manually operated edge or surface mounted flush bolts are prohibited. 3. Where the door hardware conforms to that permitted by the building code. (m) Emergency escape. Every sleeping room located below the fourth story in residential and group home occupancies shall have at least one openable window or exterior door approved for emergency egress or rescue; or shall have access to no less than two approved independent exits. 1. Security. Bars, grilles or screens placed over emergency escape windows shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the window. SECTION 14.658 ACCUMULATIONS AND STORAGE (a) Accumulations. Rubbish and /or garbage shall not be stored within a building. Other materials shall not be stored or allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress. (b) Hazardous material. Combustible, flammable, explosive or other hazardous materials, such as paints, volatile oils and cleaning fluids, shall not be accumulated or stored unless such storage complies with the applicable requirements of the building code and the fire prevention code. SECTION 14.659 FIRE RESISTANCE RATINGS (a) General. The fire resistance rating of floors, walls, ceilings, and other elements and components required by the building code shall be maintained. (b) Maintenance. All required fire doors and smoke barriers shall be maintained in good working order, including all hardware necessary for the proper operation thereof. Fire doors shall not be held open by door stops, wedges or other unapproved hold - open devices. SECTION 14.660 FIRE PROTECTION SYSTEMS (a) General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the fire prevention code. (b) Fire suppression system. Fire (f) Fire alarm systems. Fire alarm systems suppression systems shall be maintained in shall be in proper operating condition at all proper operating condition at all times, and have a current inspection tag which indicates times, and have a current inspection tag which no deficiencies in the system. indicates there are no deficiencies in the system. (c) Standpipe systems. Standpipe systems shall be maintained in proper operating condition at all times. Hose connections shall be unobstructed. (d) Fire extinguishers. All portable fire extinguishers shall be visible, provided with ready access thereto, and maintained in an efficient and safe operating condition. Extinguishers shall be of an approved type, and have a current inspection tag by a City of Euless licensed contractor. (e) Smoke detectors. A minimum of one approved single- station or multiple- station smoke detector shall be installed in each guestroom, suite or sleeping area. 1. Installation. All detectors shall be installed in accordance with the building code and the manufacturer's instructions. When actuated, the smoke detectors shall provide an alarm suitable to warn the occupants within each individual room. 2. Power source. The power source for smoke detectors shall be from an AC primary power source with a monitored battery secondary power source. 3. Tampering. Anyone tampering or interfering with the effectiveness of a smoke detector shall be in violation of this code. DIVISION 8 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 14.601 (h). American Society of Mechanical Engineers AS M E 345 East 47th Street New York, NY 10017 -2392 Standard Referenced Reference in code Number Title section number A17.1 -93 Safety Code for Elevators and Escalators —with A 17.1 a -94 Addendum. 14.620 (c) This model property maintenance code is intended to be utilized in conjunction CODES with the Building, Mechanical, Electrical, Plumbing and Fire codes that are adopted by the jurisdiction. Standard Referenced Reference in code Number Title section number Building Code ............... .........................14.601 (c), 14.620 (c), 14.633 (h), 14.638 (c), 14.659 (b), .........14.657 (c)(e)(f)(g)(h)(1)(j)(1), 14.658 (b), 14.660 (a),(e -1), 14.659 (e) Fire Prevention Code ................ ............................... 14.620 (c), 14.657 (f), 14.658 (b), 14.660 (e) Mechanical Code ............................... ............................... .........................14.601 (c), 14.620 Plumbing Code ............................... .........................14.601 (c), 14.620(c), 14.646 (a), 14.650 (b)(c) Unified Development Code ............. ............................... .........................14.601 (c), 14.620 (c) National Fire Protection Association N F PA Batterymarch Park Quincy, MA 02269 Standard Referenced Reference in code Number Title section number 70 -96 National Electrical Code ........................14.601 (c), 14.620 (c), 14.652 (b) Severability Cluase. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Saving Clause. That Chapter 14 of the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. IV. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Kansas. PRESENTED AND GIVEN FIRST AND FINAL READING and approved at a regular meeting of the Euless City Council on the 24th day of April, 2001, by a vote of 5 ayes, 0 nays and 0 abstentions. ATTEST: Susan Crim, C C, City Secretary APPROVED AS TO FORM: Bob McFarland, City Attorney ORDINANCE NO. 1469, Page 30 of 30 APPROVED: f4,k��Iaty Lib Saleh, May