HomeMy WebLinkAboutPL PACKET 03182008 Meeting Sheet
IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII
104963
Box: 33
Folder: PL PACKETS 2005-2011
Document: PL PACKET 03182008
CITY OF ST. ANTHONY
PLANNING COMMISSION MEETING AGENDA
TUESDAY., MARCH 18,F 2008
JOINT MEETING WITH CITY COUNCIL
5:30 P.M.
REGULAR PLANNING COMMISSION MEETING
7:00 P.M.
COUNCIL CHAMBERS
I. CALL TO ORDER.
II. ROLL CALL.
III. PLEDGE OF ALLEGIANCE.
IV. APPROVAL OF MEETING AGENDA.
V. APPROVAL OF MEETING MINUTES OF FEBRUARY 19,r 2008
VI. COMMUNICATION WITH CITY COUNCIL.
VII. PUBLIC HEARINGS.
VII. 1. 2916 SILVER LAKE COURT — VARIANCE (1320.03, SUBD. 03)
VIII. CONCEPT REVIEWS.
NONE
IX. OTHER BUSINESS.
IX. 1. REVIEW OF DRAFT HOUSING CODE ORDINANCE
IX. 2. SIGN ORDINANCE POWER POINT PRESENTATION
X. REPORTS FROM STAFF.
XI. COMMUNITY FORUM. Individuals may address the Planning Commission about any item not included on
the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at
the podium,state their name and address for the Cer0r record,and limit their remarks to five minutes. The
Planning Commission may refer the matter to staff for a future report or direct the matter to be scheduled on an
upcoming agenda.
XII. INFORMATION AND ANNOUNCEMENTS.
XIII. AD3OURNMENT.
F:\Planning\PC Agendas\2008\031808 pc agenda.doc
STAFF REPORT
To: Planning Commission Report No.: VII L
From Kim Moore-Sykes,Assistant City Manager
Date: March 18,2008
Subject: 2916 Silver Lake Court Fence Height Variance
Requested Action: Variance to Fence Height of two (2) feet
Date Application Received: January 8,2008
Property Address: 2916 Silver Lake Court
Zoning District: Rl-A
60-Day Expires: March 7,2008
Waiver Letter Required: Yes X Date Sent: January 16,2008 No
Future Action: Council Action: Approval or Denial of Variance Request
Background: The owners of 2916 Silver Lake Court,Korrie and Dave Johnson,contacted Staff requesting a
two (2)-foot variance to the City's ordinance Chapter 13,Section 1320.03,Subd. 3.Fence Size,that restricts the
height of fences at the building setback or behind to six(6) feet. They indicated to Staff that the current fencing
along the rear property line is seven (7) feet in height and is in need of repair. They would like to replace it with
an eight(8) foot fence so that it is similar height to their northeast neighbor's fence,which abuts this portion of
their fence. The Johnsons report that their property backs up to and is in close proximity to Silver Lake Road.
They feel that without a taller fence,the traffic and street lights from Silver Lake Road will be disruptive to the
enjoyment of their property. They also report that their neighbor has an eight(8) foot fence for the same
reasons.
Application Review: Staff received a completed application,appropriate fees and a written statement from the
Johnson stating the situation and the hardship associated with their request for a variance to the City's Code of
Ordinances. Also submitted as part of the application packet is a copy of a street map of the area and an aerial
photo,both showing the subject property's proximity to Silver Lake Road. The Johnsons included bids from
two companies for the sixty two (62) foot length of back fence
Analysis. A variance is required because the property owner is planning to remove the seven(7)-foot fence and
replace it with a solid wood,eight(8)-foot privacy fence. The current fence is higher than what is allowed by the
City Ordinance and apparently existed as a non-conforming fence as there is no permit for its construction in the
property file.
Section 1665.06 of the City Ordinance outlines the requirements that must be addressed to qualify for a variance
and the process by which a variance is granted. Subd. 3 states that no variance will be granted unless evidence
presented supports the following facts:
2916 Silver Lake Court Fence Variance Staf Report.doc
Strict enforcement would cause undue hardship because:
The property cannot be Put to a reasonable use without the variance. The Johnsons propose to replace the
fence with a fence that will continue to act as a barrier to vehicular noise and street lights, maintaining their
property values and to continue the City's goal of keeping housing stock that is safe and livable.
The circumstances causing the hardship were not created by the owner. The current house was built in 1965,at
a time when there were less traffic on Silver Lake Road. The seven-foot fence was in existence at the time the
Johnsons purchased the property.
The variance,if granted.will not alter the essential characteristics of the locality Rebuilding the fence to eight
feet high will not be a detriment to the neighborhood and will more in keeping with the essential characteristics
of the area. The Johnsons have reported that their neighbor to the northeast has an eight(8) foot fence and
again,their seven-foot fence has been in place for several years.
Economic considerations alone are not the basis of the hardship. While the variance if approved,would
maintain the value of this property, it is not the only consideration for the property owners. They have
expressed a need to have a privacy fence that would reduce the amount of noise and light impacting the
enjoyment of their property.
The circumstances causing the hardship are unique to the individual lot. The lot is an interior,residential lot
built adjacent to Silver Lake Road in 1965 with the current owners purchasing the property in 2004. The
Johnsons propose to replace the fence because it is in need of repair and they would like to replace it with a
similar fence to their neighbor.
The grra sting of the variance is in keeping with the spirit and intent of the Zoning Code. The Zoning Code was
adopted to protect the health, safety and general welfare of the City and its people. By granting this variance,the
Johnsons will be able to install an eight foot fence that will provide some level of protection from the noise from
the traffic on Silver Lake Road and light shed from the street lights. By granting this variance,the Johnsons feel
they will have their general welfare secured.
Action: Pass a recommend to Council to approve or deny the two-foot variance request to the City's Fence
Height Ordinance based on the findings of fact as derived from information presented by the applicants and
Staff.
Communications: Staff received one phone call asking about this variance application process. The caller
stated he had no concerns about the installation of the fence.
Attachments:
• Application and Letter of Explanation
• Site Map
• Aerial Photo of Property
2916 Silver Lake Court Fence Variance Staf Report.doc
s
3301 Silver Lake Road •St Anthony,MN 55418 • (p)612.782.3301 • (f)6127823302
www.ci.saint-anthony.mnus
VARIANCE APPLICATION
SUPPLEMENTAL DATA
A.GENERAL DATA v C i
LAAPPLICANT S NAME:
The above-named individual,firm,or corporation hereby respectfully submits the following supplemental data in support
of the preliminary information provided on the accompanying zoning application summary form dated for
the purpose of securing a variance from existing land use zoning controls.
JC9h n.5o A Dctvt 61), 673 3gLtr
Contact Person Last Name First Day Phone
B. PROJECT INFORMATION C t
1. Specify the section of the Ordinance from which a variance is sought:&�.1320,o� 54jM 3-
2.
-2. Explain how you wish to vary from thea plicable pro ions of the Ordinance: !,f-Dli cad, Wtsnec
tF ( fh
3. Explain why the strict enforcement of the Ordinance would cause an undue hardship or deny reasonable use of the
property. State Statute defines hardship as the following. Undue hardship as used in connection with the granting of a
variance means the property in questions cannot be put to a reasonable use if used under conditions allowed by the official
controls,the plight of the landowner is due to circumstances unique to the property not created by the Iandow er,and the
variance if granted,Will-notAlter the essential the character of the loc" t kr
Leie �'
r J Ips l, `,„ R
�^)GC M/�� �S t, M4P�ii'1 �►�0.� Or Oie Cr,�Cr /W �.
4. Check all additionallupporting documents and date which areinf�bmitted to help explain this project proposal:
❑ Site Plan ❑ Topographic Map ❑ Other(specify)
I HEREBY CERTIFY WITH MY SIGNATURE THAT ALL DATA ON MY APPLICATION FORMS,PLANS AND SPECIFICATIONS ARE TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE.
/z, & 7
Ctore of Applicant Date
ORDER GRANTING OR DENYING A VARIANCE
In accordance with the findings stated on the reverse side of this document,the City of St Anthony hereby[ ]approves,
[ ] denies the foregoing application for variance. If approved,said approval is subject to the general and special conditions
following the findings section on page 2
By:
Authorized Signature Title Date
C:\Documents and Settings\BSuciu\Local Settings\Temporary Internet Files\OLK3C\Variance Application 2005.doc
01 -09-08
?���� 00•EK
KORRIE AND DAVE JOHNSON
2916 SILVER LAKE CT.
ST. ANTHONY, MN 55421
January 8,2008
City of St.Anthony
3301 Silver Lake Road
St.Anthony,MN 55418
To Whom It May Concern:
We are requesting a variance to City Ordinance 1320.03 Subdiv. 3. We are requesting-an
allowance for an 8-foot fence along the back of our residence. We are seeking to replace the current
fence with a solid-style wooden fence (eg. battenboard or interlocking). The rear of our property
comes in close proximity to the four-lane portion of Silver Lake Road, which has a 40-mph speed
limit in that area. In addition, the businesses on the east side of Silver Lake Rd. north of Silver Lane
have bright nighttime security lightning.
Strict enforcement of the ordinance would result in undue hardship because it would
provide inadequate screening from traffic noise and business lighting on Silver Lake Road. This
hardship is created by the specific and unique characteristics of our property location with regard to
the proximity to road.Moreover, the fence would blend in character with the surrounding area,as the
property to the northeast currently has 8-foot fences. All of the properties on our side of Silver Lake
Ct. have rear privacy fences.
Our current fence is 7 feet in height,and we would like an 8-foot fence because it will blend
directly into the adjacent fence height.The cost of the fence will not be an economic hardship for us.
We will just be replacing the back portion of our fence; the part that backs up to Silver Lake Rd.
"Thank you for your consideration in this matter.
Sincerel ,
Korrie Johnson
i •ti '-E •
•
.�.
i
�`e
6
�e ,.
.�:`�_
f.�
��
_._.�
\�
�''
i
f1
I
f 4'
{ �.
r��_
y � �.
�'
i#
�r-y, -F moi.__
F• � a;
}
r
http://maps.google.com/ "•
EST, �` = , ' `I'•� s,''��=!� Gopher State (1) Call ID #464 Ticket #
'4,1� Nearest Intersecting Street—
Hudson
i` Geste ,
Hudson Page # Township
Hudson Grid # Range
. .. . �� r-- _. .-. __ � .� .• - - , ~- - �
535 f 11atl7tte,Ave."% South St. Paul,MMinnestoa 55075 Corner Lot Section/Quarter
(650,145 1-2221 — Fax(651)451-6939
Name /� a Irl ✓d H i1 e�6�.J Date /a 71-20122
Spouse /,� Job No.
Address
+ •� v4 � G"C---3�! • Salesperson A
City ✓ /'1 �Oy► County.1401�AUItom/w Stater Zip P.o.
Employer / Home Phoney¢a �'�D�o Picture No.
Job Site Address Work Phone,( ) Terms: 10% Dow
art up
Work Phone (Spouse)( ) Balance To Installer on
E-mail: Cell Phone- Completion
Customer Initials
QUANTITY DESCRIPTION
I //
r.L
Lj
OF
Price
Q.U,) oa
Down Payment: Check # Amt. Date
Credit Card# Expiration Date
DP-0 PS E] Bt ALL
A SERVICE CHARGE of 11/2% per month (111% Annually) will be,applied
on alf pest due balarices-. MATERIAL AND INSTALLATION
The purchaser shall be responsible for any and all collection and legal costs
incurred by Midwl est Fence in the event of this bill becoming past due. THIS ESTIMATE VALID FOR 90 TAX
Midwest Fence testrves the ,right to lien the improved property if payment DAYS FRAM ABOVE-DATE
in full as agreed to-in this contract is not-received. TOTAL
Owner responsible-for establishing correct property and fence lines.Any Permits required shall be the We responsibility of the owner.Owner responsible for removal of
obstructions of everyatsture whidt'will interfere-with the installation of the fence.This contract assumes normal ground conditions.Should rocky or excessive hard digging•t e
ericouhterad,owneragrass f0 pofy odditioi dl costs of,such work.-Midwest Fence 6 Mfg.Co.shall furnish only the material and labouspecifiee in this contract.Arty changes made
from the above spealica6etts will be billed at-Midwest's current retail prices.
Tliis"order willbecoere-ibineling only updn'Mitlweilt Ejsttse Manager gpprovaL
Cus mer-Signatu D '
Form 2=Rev:2L05 hilaniger n
lesperso 's Signatureate
Fopyrigfit@-3 _ E-mil' i&eestfence- om, midweslfenae.aorn
��
����
��
�. 6 ���
�. f � 9
1 -�
/ j '�
EIMS
Post Office Box 582446 •Minneapolis,
BB MN 55458-2446 CH
� .
763.420.2500 651.222.6021 Member
Minnesota and
AWIF VVww.alpinefence.com North Dakota
Name: +" �V� 5�v1 Terms
La
Address: r "L•=' 50% Down to Schedule Project.*
City: Co.: State: zip: Balance Due on Date of Completion.
Home Phone: ( 1 �' ) + y Mobile Phone: ( )
Work Phone: ( ) Email/Fax: Customer Initials X
Thank you for considering Alpine for your fence '° tea`+'� ,y I".t �{]� ''" °^' w' b t
N,11-
project. We're here to help. Please allow us to "�" '�'
mention some of the qualities that set us apart...
•Lifetime Warranty b'1. T V,5 0-41 6 ' uZJ_a r 0 V` Va
•Price Match Assurance ]
•Licensed,Bonded,Insured b_� P. oG-!b� S e
•Family Owned and Operated d 0_ 420,7
•Better Business Bureau Member a� V
•'Twin Cities Area Preferred Contractor
•Prompt,Friendly,Knowledgeable Service FvY v74 z a -3 b
•Concrete Footings with Flared Gravel Base
•Stainless Steel Screws not Galvanized Nails �'`L�v�+' d,`T oYcd o E A-4 k n cR
•A One-Stop Shop for all of Your Fence Needs
CIOL
X N
W t i'� 2 f>`Yl �L ��
Alpine Fence Company,LLC will provide only the material and labor specified in this contract.
Any changes made from the above specifications necessitating additional material or labor will
be billed at Alpine Fence Company,LLC's current retail prices.
Down Payment Check 0 Amt.: Date:
Cab \ - O
Accepted by Alpine Fence Company,LLC Date
X X
Customer/Purchaser Signature Date
; 3$«.�" .,< :e f,.,�n; q., z,"��: 4�. �,. § 4,xW e.� *7�; cq ;ts X�S }s, ,,, ya/,i§. "`7. ,s ' :y s ,: I�h'ku
�� �'"'�'RY� �JF°, '{S,� YRS i �gaJ,v. a�� ^y d y ": "3', � '.,rr '�' GeM
>'y" s '•;4 _ aasd'r"t,'�>'.,r l I � 'e'�p C,
'� Huds�b 'sem appet, � ,, ��,,, 5 � � � �"
D,q _. ±xx.� .'k-t.' v�.x,' %s:.srd; .,ti;�hk� �`"ri ar,.trs•:.'�Na.* L. �:v4,
''.r�MII
IN
. k4 � sc?xa',ie,��t;
p uds,on s9' yr. .:_ E,:� v: � •, � �� ic�et# � m' � r,, -. :, :� � k,TT
.1 ���TY^ ya,c - •`L S-cf;ya- ;t �' ,n.,b(^,.y-c ,sa; skr, c c; 4 .-' --e&_ -.'": 'V�:k'G.-r�a. - '., I+9
ain thon
illa e
1
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
Office: (612) 782-3301 • Fax: (612) 782-3302 • www.ci.saint-anthony.mn.us
January 16,2008
Korrie and Dave Johnson
2916 Silver Lake Court
St. Anthony, MN 55418
RE: Variance to City Code, Chapter 13, Section 1320.03, Subd. 3, Fence Height
Dear Mr. and Mrs.Johnson:
This letter is being sent as a notice to advise you that the City of St. Anthony will
be extending the time requirements of the 60-Day Rule to include March 25,2008,at
which time the City Council will be tacking action on your variance request. Minnesota
State Statutes require that any land use or zoning-related applications be approved or
denied by the governing body within 60 days of receipt of the completed application by
the political subdivision. The Statutes also allow an extension of an additional 60 days,
provided that the political subdivision submits to the applicant(s) a written notice of this
extension.
Your application was received on January 8,2008 and was initially scheduled to
be reviewed and considered at a public hearing on February 19,2008 by the Planning
Commission,with the City Council taking up your request at their February 26,2008
meeting. You have since advised me that you will be on vacation at that time,so I've
rescheduled the pubic hearing with the Planning Commission for March 18,2008. This
rescheduled public hearing is after the 60-day deadline of March 7,2008. Also,because
the Planning Commission is an appointed advisory body to the City Council and can
only make recommendations,your variance request, as well as the Planning
Commissions recommendation regarding the same,will be taken up by the City
Council at their March 25,2008 meeting. This extension is intended to include the
rescheduled Planning Commission meeting and this Council meeting.
You or a representative are be required to attend both the Planning Commission
meeting and City Council meeting. If a representative is not present at or is unable to
attend these meetings on the above-referenced dates,the Planning Commission and/or
the City Council reserve the right to table this request until their next meeting.
Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure.
2
If you have questions or concerns regarding this process or your application,please feel
free to contact me at 612-782-3312 or via e-mail,kmoore@ci.saint-anthony.mn.us.
Sincerely,
a ,
0o e- ykes
Assistant City Manager
STAFF REPORT
To: Planning Commission Report No.: IX.1.
From Kim Moore-Sykes,Assistant CityManager 44k5
Date: March 18,2008
Subject: Draft Housing Code Ordinance
Requested Action: Review of Draft Housing Code Ordinance
Date Application Received: N/A
Proper Address: N/A
Zoning District: N/A
60-Day Expires: N/A
Waiver Letter Required: Yes Date Sent: No X
Future Action: Council Action: Three (3) Readings scheduled for March 25,2008;
April 22,2008;and May 27,2008.
Background: The City Council directed the Fire Department to review and revise the City's Housing Code
Ordinance. The Fire Chief has proposed various revisions to the cun-ent City Housing Ordinance found in
Chapter 13 of the City Code. The Chief has also researched and drafted a new section, 1336,that proposes to
regulate rental residences,regardless if the structure is a multi-family dwelling or a single-family dwelling.
Action: Review and provide comments of the draft Housing Code Ordinance for the March 25,2008 City
Council Meeting.
Attachments:
• Draft Section 1335 with proposed revisions
• Draft of proposed new Section 1336
• 2006 International Property Maintenance Code
Draft Housing Code Ordinance 2008 review.doc
DRAFT
Ordinance Amendment
Section 1335 —HOUSING MAINTENANCE AND OCCUPANCY
1335.01 Purpose. The purpose of this Section 1335 to protect the public health, safety, and
general welfare. These general objectives include, among others, the following:
(a) Protect the character and stability of residential areas'within the City.
(b) Correct and prevent housing conditions likely to adversely affect the well-being
of persons occupying dwellings within the City.
(c) Provide minimum standards for cooling, heating, sanitary equipment, light and
ventilation.
(d) Prevent the overcrowding, slums and blight, and preserve the value of land and
buildings.
It is not the intention of the City to intrude upon the contractual relationship between tenant and
landlord, to intervene as an advocate of either party, to act as an arbiter, or to deal with
complaints covered by this Section 1335.
1335.02 Applicability. Every building and its premises used in whole or in part as a home or
residence or as a residential accessory structure. If a provision of this Section is in conflict with
state codes, the state codes will govern. .
1335.025 Adoption ofProperty Maintenance Code The International Property Maintenance
Code, 2006 edition, as published by the International Code Council, is adopted by reference in
its entirety, except as modified or amended in this Section. Nothing in this section or the
International Property Maintenance Code shall be construed to cancel, modify, or set aside any
other provision of the City Code.
1335.03 Definitions. The following terms will have the following meanings in this Section
1335.
Subd. 1. Accessory Structure. A structure subordinate to a principal dwelling not
authorized to be used for living or sleeping by human occupants.
Subd. 2. Apartment Building. A structure designed to accommodate three or more
dwelling units.
Subd. 3. !Q �Enforcement Official. The City Manager and designated agents
authorized to administer and enforce this Section 1335.
Subd. 4. Composting. Accumulation of yard waste to be decomposed.
1/4/2008 13-1
Subd. 5. Dwelling. Building, or portion thereof, designed or used predominantly for
residential occupancy of a continued nature, including 1-family dwellings, 2-family
dwellings, apartment buildings and rooming units, but excluding hotels and motels.
Subd. 6. Dwelling Unit. A single residential accommodation intended for use as a
domicile for one family. Where a private garage is structurally attached, it will be
considered as part of the building in which the dwelling unit is located.
Subd. 7. Family or Household. One person or two or more persons each related to the
others by blood,marriage, adoption, or foster care, or a group of not more than the owner
or a residence plus three persons not so related occupying the residence and maintaining a
common household and using common cooking and kitchen facilities.
Subd. 8. Toilet. A toilet, with a bowl and trap made in one piece, which is connected to
the City water and sewer systems or other approved water supply.
Subd. 9. Garbage. Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking, or consumption of food.
Subd. 10. Habitable Building. Any building or part thereof that meets minimum
standards for a dwelling.
Subd. 11. Habitable Room. Room or enclosed floor space used or intended to be used
for living, sleeping, cooking, or eating purposes, excluding bathrooms toilet rooms,
laundries, furnace rooms, unfinished basements, (those without required ventilation,
required electric outlets and required exits), pantries utility rooms of less than 50 square
feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces,
and workshops, hobby and recreation areas in parts of the structure below ground level or
in attics.
Subd. 12. Heated Water. Water heated to a temperature of not less than 120 degrees
Fahrenheit, or such lesser temperature required by government authority, measured at
faucet outlet.
Subd. 13. Kitchen. A space which contains a sink with counter working space, adequate
space for installing cooking and refrigeration equipment, and adequate space for the
storage of cooking utensils.
Subd. 14. Occupant. Any person (including owner or operator) living, sleeping, cooking
and eating in a dwelling unit or living and sleeping in a rooming unit.
Subd. 15. O en rator. The owner or agent who has charge, care, control, or management
of a building, or part thereof, in which dwelling units or rooming units are let.
Subd. 16. Owner. Any person who owns a dwelling. Any person representing an owner
must comply with the provisions of this Section 1335 to the same extent as the owner.
1/4/2008 13-2
Subd. IT Permissible Occupancy. The maximum number of persons permitted to reside
in a dwelling unit or rooming unit.
Subd. 18. Person. An individual, firm, partnership, association, corporation or joint
venture or organization of any kind.
Subd. 19. Premises. A parcel of land which includes a dwelling.
Subd. 20. Recyclables. Materials which may be recycled or reused through recycling
processes, Including metal beverage containers, glass, newsprint, plastic bottles with
necks, corrugated cardboard, magazines, catalogs, phone books and any other materials
designated as recyclables by Council resolution.
Subd. 21. Refuse. All putrescible and non-putrescible waste solids including garbage
and rubbish.
Subd. 22. Rental Unit. A dwelling or dwelling unit let for rent or lease.
Subd. 23. Repair. To restore to a sound and acceptable state of operation, serviceability
or appearance.
Subd. 24. Rodent Harborage. Any place where rodents can live, nest or seek shelter.
Subd. 25. Rooming Unit. Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking and eating
purposes.
Subd. 26. Safety. The condition of being reasonably free from danger and hazards which
may cause accidents or disease.
Subd. 27. Supplied. Paid, furnished or provided by, or under the control of, an owner or
operator.
Subd. 28. _Interpretation. Whenever the words "dwelling", "dwelling unit", "premises, or
`structure" are used in this Section 1335, they will be deemed to be followed by the
words "or any part thereof'.
Section 1335.04 Responsibilities of Owners and Occupants. No owner or other person may
occupy or let to another person any dwelling, unless it and the premises are clean, sanitary, fit for
human occupancy, and comply with all applicable requirements of the City Code and state and
federal laws and regulations., and International Property Maintenance Code.
s fy-ee.di ieft-
-1,6111:1113i 12;:111oli: :11
niust
1/4/2008 13-3
Section 1335.07 Refuse and Recyclables. Every occupant must store and dispose of or recycle
all refuse any recyclables in a clean, sanitary and safe manner as prescribed by City ordinances.
Every owner of an apartment building must supply facilities for the sanitary and safe storage
and/or disposal or recycling or refuse and recyclables. The storage of refuse and recyclable
collection items may not be kept in the front yard setback without approved screening or fencing.
Section 1335.08 Storage of Wood. Wood used for fireplaces must be stacked in a location other
than the front yard setback.
Section 1335.09 Storm and Screen Doors and Windows. The owner of a rental unit is
responsible for providing and hanging all screens and storm doors and storm windows required
under Section 1335.
S ee.t'e 1335.10 Responsibility D� t�ii
,e„rE�R�$� + F a-t f •t
for-a "'�i"V
dwelling is r-espensible for the exteffninatien of veffnin infestations and/ef r-edents en the
r-edent proof exteffninatien is the responsibility ef the ownef. if infestatien exists in
7
Seetien 1335.11 Redeat Hafb6rag!t2. Ne eeeupnnt may aeeumulate bex lumber-,7 )
Seetien 1335.12 Minimum Heatift. in evefy dwelling uflit . - �Fiit when the eentfel ef.
the supplied heat is the r-espensibility of a per-sen other-than the
7
the supply must b-e
zened eefitfolled and at u temper-attife of at least 68 degrees Fahrenheit ef sueh lessef
authority,
fleef and th:fee feet ftern extefief walls in all habitable feems, batlifeeffis, and toilet
.
Section 1335.13 Removal of Snow and Ice.
a depth ef thfee iftehes, must be femoved ffern pafking lets and dfiveways within 24 hours afte
aeeumulating to a depth ef one ineh, must be r-eme,,,ed ffem steps and walkways within 16 heHf:s
of an ..t t building must , ,
fflaintain P'&efiyeilluminatien in all ntel e fki lets a it 1
driveways.
t
S'e,e,t: 1335.15
33c 1 c Bn –r— «t «.7 T.'.. GTl�e"��.-1J'e�er let t l`
-'-'-' d Fa py, let to another-zo
eeeupaney7
an),dwelling er dwelling unit whieh does not eemply with all ef the fellewing.
And/Ar Paneked afid whieh has adequate eir-eulation afea afid is equipped with th
€ellewirtg:
1/4/2008 13-4
eating,r--jr-1 ly eenineeted to an approved
water-supply system, whieh p te amount ef heated and unheated
an appreved`_S�
sewef system.
(b) Cab.inets md/er-she!ves for-the storage of
and eeeldn
drinking,
eetmtPr of:table far feed Y vYaaa ut'v , of .. t'd twith suffaees
that afe
u
easily
eleanable and will net impaft any
Subd. 2. Toilet Faeififie�. A separat . iped with a flush teilet in geed weFkiftg
system and eemeeted te an appr-eved sewef system. In a rental dwelling unit, sueh r-eefn
Subd 3. Lavate-Ei.,$j-p-1g.. A lavatefy sink, either-in the same feem as the teile" in elese
watef supply system and previding an adequate ann-Runt eiheated and unheated fuming
s .
Sebd. 4. Bathtub of She—en A nen habitable room equipped with a bathtub er-showe
. geed wer-king eenditien, eenneeted to an approved water-supply system and pfeviding
adequate heated and unheated watef under-pr-essufe, and eefmeeted te an appr-eved seweF
systefa. in a rental dwelfing unit, the feem must have an - -" - - -
Subd. 55. St D L. d D 1 encs. Starrdbays, inside of eutsid 1 r
,zcvprnrm=c
eondifien, seund repair-and in eemplianee with the Unifiqffn Building Cede Every flight
of staifs and every per-eh-and baleeny fleer-must be ffee of detefier-ation. Every handfai4
1' winding stair-ways, to IJVa
4_;ifen:n in 1vidth and height-.
Subd. 6. Aeeess. Aeeess without passing tkough any other-dwt1hftg-dftW
��ee�F9-fti d See t Et deer-s shall a e�li�3peEl with�cri � t
also inelede fental unit deer-s with dead
-"= belt that ccn-metroc-rccracied-yy elid pr.-essuree, eepen able frofnrciYe inside witheut
Subd. 8. Sump Pumps.
(a) Purpose. The discharge of water from roofs, surfaces, groundwater sump pumps,
footing tile, swimming pools, or other flow of precipitation into the City system
results in flooding and overloading of the sanitary sewer system. When this water
1/4/2008 13-5
is discharged into the sanitary sewer system, it is treated at the sewage treatment
plant, resulting in very large and needless expenditures. The City Council,
therefore, finds it in the best interest of the City to prohibit such discharges.
(b) Discharge Prohibited. No water from any roof, surface, groundwater sump pump,
footing tile, swimming pool, or other flow of storm water shall be discharged into
the sanitary sewer system. Dwellings and other buildings and structures which
require,because of infiltration of water into basements, crawl spaces, and the like,
a sump pump discharge system,may have a permanently installed discharge line
which shall not at any time discharge water into the sanitary sewer system. A
permanent installation shall be one which provides for year round discharge
capability to either the outside of the dwelling, building, or structure, or is
connected to City storm sewer or discharge through the curb and gutter to the
street. Inside piping shall be rigid pipe with fixed joints, pvc or equivalent.
(c) Disconnection. Before December 31, 1999, any person, firm, or corporation
having a roof surface, groundwater sump pump, footing tile, or swimming pool
now connected and/or discharging into the sanitary sewer system shall be
disconnected from the sanitary sewer and redirected in an effective, professional
manner. Unless inspected prior to then, they may have 45 days to make the
disconnection.
(d) Inspection. Every person owning improved real estate that discharges into the
City's sanitary sewer system shall allow an employee of the City of St.
Anthony or a designated representative of the City to inspect the buildings to
confirm that there is no sump pump or other prohibited discharge into the
sanitary sewer system. In lieu of having the City inspect their property, any
person may furnish a certificate from a licensed plumber certifying that their
property is in compliance with this ordinance.
(e) Correction Period-Reinspection. Properties which fail during the first inspection
shall be re-inspected within 45 days to allow corrections to be completed. If
property fails the re-inspection, the $100.00 per month surcharge shall be imposed
on every sewer bill until compliance is achieved.
(f) Future Inspections. Each sump pump or sump pump basket installation identified
will be re-inspected periodically.
(g) New Construction. All new dwellings with sumps for which a building permit is
issued after adoption of this ordinance, shall have a pump and shall be piped to
the outside of the dwelling, in accordance with this ordinance, before a certificate
of occupancy is issued.
(h) Surcharge. A surcharge of$100.00, per month is hereby imposed on every sewer
bill mailed, after a 30 day grace period following inspection or confirmed attempt
at inspection, to property owners who are not in compliance with this ordinance or
who have refused to allow their property to be inspected to determine if there is
1/4/2008 13-6
compliance. All properties found during periodic re-inspection to have violated
this ordinance will be subject to the $100.00 per month surcharge for all months
between the two most recent inspections.
(h) Winter Discharge. The City Manager's office is authorized to issue a permit to
allow a property owner to discharge Surface Water into the sanitary sewer system.
The permit shall authorize such discharge only from November 15 to March 15
and a property owner is required to meet at lease one of the following criteria in
order to obtain a permit:
(1) The freezing of the surface water discharge from the sump pump or
footing drain is causing a dangerous condition, such as ice buildup or
flooding, on either public or private property.
(2) The property owner has demonstrated that there is a danger that the sump
pump discharge pipes will freeze up and result in either failure or damage
to the sump pump unit or cause basement flooding.
(3) The water being discharged from the sump pump or footing drain cannot
be readily discharged into a storm drain or other acceptable drainage
system.
Subd. 9. Manual and Automatic Check Valves. Check valves if necessary to prevent
sewer back-flow. Prior to the closing of the sale of a dwelling, the seller shall request
that a sanitary sewer line to the main street line be inspected for manual and automatic
check valves. If the Compliance Officer determines that both manual and automatic
check valves are necessary to prevent back-flow, the situation must be corrected before
the dwelling is considered in compliance to be sold.
u FireSafetyo] Fire safety equipment, h fife
a bs r-,,
-.-frfls and other-4MAki.. AIA
.+4
`i +'Y' o , d L State-Fife
r• +
G7ITII0I'OiI per-son mayeeeu let F }l, r +'
Subd. 1. Habitable Reem Vefitilatien. Exeept where ether-ventilation appr-eved*y4he
Gemplianee-offieia! is pfevided, evefy habitable feem must have at least one wifide"Ar
standafds in the Unifi3rfn Building Code,
> teilet feeffl,
0
feeffis.
1/4/2008 13-7
the laws ef the State of Minnesota,, d t State
ta rl 1 Codes,
safe and geed wefldng eendifien, eapable of safely and adequately heating all habitab!
distanee three feet abeve yVl level d d: 1• ftem- extefief
walls
eeeking or-water-heating pufpeses will net be eensidered as 9 -11 ties, and
eftable
1" heating equipment is --- - - flame that is not
vented outside the stfueWfe in an appr-eved mannef is pfohibited.
Section 1335.17 General Requirements. No person may occupy or let to another for occupancy
any dwelling or dwelling unit which does not comply with the following:
Subd 1 &nnndntinn— cee 9— e e
ey,terier reef must be substantially water-tight and preteeted against vefmin and r-edents
and in sound eenditien and repair-. ...e . - I I IVEH4 the building
vx all must 1, free f a + fi /holes, 1 1
r-etting beafds er timbers, and any ether-eendifien whieh might admit r-ain()r A----
IV-less t-o
the inter-ier-peffien ef the walls er-te the exter-ier spaees ef the dwelling. The reef must b
tight and have ne defeets whieh admit r-ain, and reef drainage must be adequate to
prevent f:ainwater- fteffi eausing dampness in the walls. All exterier-weed suffaees, othef
than deeay Fesistant weeds, must be pr-eteetedd Itieni the ele—ents and deeay by paint er-
ethefnrnteeti�r treatment and painting: _
r g va c � - -----
blistefed. if
0
stene wall is leese of has fallen out, the suffaee must be
.
wiirr'low, door and ffafne must be eenstFueted d maintained in sueh felatien t th
entering the building. Evefy open able windew of ethef deviee must be supplied with
b the inseet season of ---
Building- -r-par,,
1/4/2008 13-8
floor,Subd. 3. Reefs. Interior Walls aff"eiling-. Every
>
be adequate!),pro teeted against the passage and harborage of,,, in and A
kept in soiand eendition and good repair-. Every floor must be free of loose/w
Protridding of Fetted flooring fnaterials. Every,interior-wall and eeiling raust be &ee o
eendition. Toxie paint and ffleAerials with a lasting toide eff-eet may not be used. Ev
toilet roern and beAhtreem fleer must be eapable of being easi!Y Maintained in a eleaff-and
9anitary-eendition.
Subd. 4. Rodent Evefy-dweging and aeeessor�,strad.eture the upon
whieh loeated raidst be maintained in a rodent free and redent-preef eendition, with a111A
whieh have a 1/2 ineh diameter or large opening r-odent proofed in an approved friannef.
hiterior fleefs or basements, eellars and other-areas -- eentaet with the soil friust be-paved
with eoneret--2 tA .1
Subd. 5. Fence Maintenance. Fences may consist only of metal, wood, masonry, or
other decay resistant material, maintained in good condition both in appearance and in
structure, solely on the owner's property, with all wood material other than decay
resistant varieties with paint or other preservatives Painting is required if 25%or more of
the exterior surface is unpainted or determined by the Compliance Official to be paint
blistered, and repair is required if 25% or more of the exterior surface of the pointing of
any brick, block or stone wall is loose or has fallen out. Posts and framework must face
the owner's property, with the finished material facing the street or adjacent property.
Subd. 6. Accessory Structure Maintenance.*
agent of oee"ant raust be striaeWrally sound, and i:naintained n geed repair and
appearanee, weather resistant extenof using a+e.4a!s sueh as paint or
other preservatives. Painting is required if 25% or more of the exterior surface is
unpainted or determined by the Compliance Official to be paint blistered, the surface
must be painted and repair is required. If 25% or more of the exterior surface of the
pointing of any brick,block or stone wall is loose or has fallen out.
Subd. 7. Safe Buil veryfeund-afien, reofi, floor-, eMefierand .-+--:--
be laeed thef:eo .
A .1 (iflue must be installed atte
.
Subd. 9. Grading and Drainage. Every yard, court, passageway and other portions of the
premises must be graded and drained so as to be free of standing water. Draining cannot
impact neighboring properties as specified in section 1650.03 (h).
1/4/2008 13-9
Subd. 10. Unit Below Grade. No space located more than four feet below grade may be
used as a habitable room of a dwelling unless approved by the Eox i Building
Official.
Subd. 11. Yard Cover. Every yard of premises on which a dwelling stands must be
covered by lawns and/or ground cover of vegetation, gardens,hedges, shrubbery or
related decorative materials and must be maintained. No land owner may permit or
maintain on the land any growth of weeds, grass,brush or other rank vegetation to an
average height greater than six inches, any accumulation of dead weeds, grass or brush,
or any noxious weeds or plants as defined by the Minnesota Department of Agriculture.
Subd. 12. Composting. Composting is permitted only if: (1) it is conducted in enclosed
containers not over five feet in height with an aggregate volume of not more than 100
cubic feet, made of durable material such as wood,block or sturdy metal fencing located
at least five feet from lot lines and no closer than 20 feet from any habitable building,
other than the resident's own home, and no closer than two feet from any alley; (2) only
organic yard materials, such as grass clippings, leaves, flowers, weeds, sawdust, wood
ash, plant trimmings, straw and commercial composting material, are put in the compost
containers; (3)no meat, bones, fat, oils, dairy products or other kitchen wastes, whole
branches, logs,plastics, synthetic fibers, human or pet wastes, or diseased plants are put
in the containers; (4) composting is managed to minimize odor and promote effective
composition.
Subd. 13. Trees and Brush. Trees and brush must be trimmed so as not to interfere with
public walkway or right-of-way access or driving sightlines. Trees and brush cannot
infringe on neighboring properties.
Subd. 14. Discontinuance of Service or Facilities. No owner, operator, or occupant may
cause any service, facility, equipment or utility required under this Section 1355 to be
removed from, shut off or discontinued, for any occupied dwelling, except for temporary
emergencies and temporary interruptions necessary for repairs or alterations.
Subd. 14, Temporary Storage Units Temporary storage units including dumpsters are
permitted for no more than sixty (60)days and must be maintained in good repair and
appearance. One o(e (1) temporary storage unit is allowed at any residential property.
Temporary storage units must be place on paved surfaces and are not allowed in the
right of way.
1/4/2008 13-10
Section 1335.18 Maximum Occupancy Minimum Space Access. No person may occupy or
permit to be occupied any dwelling which does not comply with the following:
Subd. 1. Maximum Occupancy.
1940 the ma paney will be detefmined under-the Building
code.
I -2 Occupants 3 -S Occupants 6 or more occupants
Living Room No Requirement 120 sq.feet 150 sq.feet
Dining Room No Requirement 80 sq.feet 100 sq.feet
Bed Room 70 sq.feet 50 sq.ft.per person 50 sq.ft.per person
vu 2.Oft L. 1.1 Not
T t
d � n >; •1 u
�vrrrvu�rizovr-rrrvrc than-erre-family 1. 1. 1,7, y ept F
guests,may oeeupy a dwellingqan4.
Stab l 2 Ceiling Height.-All Q7have � height ht f not 1 than
'� �r r -
seNten feet, exeept atfies-er-tep half stories used fer-sleeping, sti.-d- -;—i
whieh must be at least se3ven f�et o,,-er-at least half of th fl luding those
P614ions having a elear-eeiling height ef less than &,e feet. Op-en.
haN,e „tear-ar- '1' 1--L.+ -r l a
9ems-and Badhgee rs. No dwellingb 'l« n 1 nnn
used as the 1 aeeess to habitable basement
Section 1335.19. Appeal. When it is alleged by the owner or resident agent that the
compliance order is based upon the erroneous interpretation of this Chapter, other
applicable City Code provisions or the International Property Maintenance Code, the
owner or resident agent may appeal the compliance order to the City Council. Such
appeal shall be in writing, must specify the grounds for the appeal, and must be filed with
the City within five (5) business days after service of the compliance order. (modifies
section 111 of IPMC)
1/4/2008 13-11
r
r .
0L2'41RAFT
1336.00 Rental Dwelling
Subd. 1. Purpose. It is the purpose of this Section 1336 to protect the public health, safety
and welfare of the community at large and the residents of rental dwellings in the City of
St. Anthony and to ensure that rental housing in the city is decent, safe, and sanitary and
is so operated and maintained as not to become a nuisance to the neighborhood or to
come an influence that fosters blight and deterioration or creates a disincentive to
reinvestment in the community. The operation of rental residential properties is a
business enterprise that entails certain responsibilities. Owners and operators are
responsible to take such reasonable steps as necessary to ensure that the citizens of the
city who occupy such units may pursue the quiet enjoyment of the normal activities of
life in surroundings that are: safe, secure and sanitary; free from noise, nuisance or
annoyances; and free from unreasonable fears about safety of persons and security of
property.
Subd. 2. Applicability. This Section applies to all rental dwellings in the City, including
any accessory structures on the premises upon which the rental dwelling is located, such
as garages and storage buildings. This chapter does not apply to Minnesota Department
of Health licensed rest homes, convalescent care facilities, licensed group homes, nursing
homes, or condominium units as defined and governed by Minnesota Statutes Chapters
515, 515A and 515B.
Subd. 3. Adoption of Property Maintenance Code The International Property
Maintenance Code, 2006 edition, as published by the International Code Council, is
adopted by reference in its entirety, except as modified or amended in this Section.
Nothing in this section or the International Property Maintenance Code shall be construed
to cancel, modify, or set aside any other provision of the City Code.
Subd. 4. Enforcement Official. The City Code Official and Deputy Code Official is
authorized and directed to enforce all provisions of this Section, subject to review by the
City Council.
1336.01 Definitions. The following terms will have the following meanings in this Section
1336.
Subd. 1. Accessory Structure. A structure subordinate to a principal dwelling not
authorized to be used for living or sleeping by human occupants.
Subd. 2. Apartment Buildins. A structure designed to accommodate three or more
dwelling units.
Subd. 3. Enforcement Official. The City Manager and designated agents authorized to
administer and enforce this Section 1336.
Subd. 4. Composting. Accumulation of yard waste to be decomposed.
1/22/2008
t
`i
I
Subd. 5. Dwelling. Building, or portion thereof, designed or used predominantly for
residential occupancy of a continued nature, including 1-family dwellings, 2-family
dwellings, apartment buildings and rooming units,but excluding hotels and motels.
,Subd. 6. Dwelling Unit. A single residential accommodation intended for use as a
domicile for one family. Where a private garage is structurally attached, it will be
considered as part of the building in which the dwelling unit is located.
Subd. 7. Family or Household. One person or two or more persons each related to the
i
others by blood, marriage, adoption, or foster care, or a group of not more than the owner
or a residence plus three persons not so related occupying the residence and maintaining a
common household and using common cooking and kitchen facilities.
i
Subd. 8. Toilet. A toilet,with a bowl and trap made in one piece, which is connected to
the City water and sewer systems or other approved water supply.
i
Subd. 9. Garbage. Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking, or consumption of food.
Subd. 10. Habitable Building. Any building or part thereof that meets minimum
standards for a dwelling.
Subd. 11. Habitable Room. Room or enclosed floor space used or intended to be used
for living, sleeping, cooking, or eating purposes, excluding bathrooms toilet rooms,
laundries, furnace rooms,unfinished basements, (those without required ventilation,
required electric outlets and required exits), pantries utility rooms of less than 50 square
feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces,
and workshops, hobby and recreation areas in parts of the structure below ground level or
in attics.
I
I
Subd. 12. Heated Water. Water heated to a temperature of not less than 120 degrees
Fahrenheit, or such lesser temperature required by government authority,measured at
faucet outlet.
Subd. 13. Kitchen. A space which contains a sink with counter working space, adequate
space for installing cooking and refrigeration equipment, and adequate space for the
storage of cooking utensils.
Subd. 14. Occupant. Any person(including owner or operator) living, sleeping, cooking
and eating in a dwelling unit or living and sleeping in a rooming unit.
i
Subd. 15. Operator. The owner or agent who has charge, care, control, or management
of a building,'or part thereof, in which dwelling units or rooming units are let. j
Subd. 16. Owner. Any person who owns a dwelling. Any person representing an owner
must comply with the provisions of this Section 1336 to the same extent as the owner.
I
1/22/2008
Subd. 17. Permissible Occupancy. The maximum number of persons permitted to reside
in a dwelling unit or rooming unit.
Subd. 18. Person. An individual, firm,partnership, association, corporation or joint
venture or organization of any kind.
Subd. 19. Premises. A parcel of land which includes a dwelling.
Subd. 20. Recyclables. Materials which may be recycled or reused through recycling
processes, Including metal beverage containers, glass, newsprint, plastic bottles with
necks, corrugated cardboard, magazines, catalogs,phone books and any other materials
designated as recyclables by Council resolution.
Subd. 21. Refuse. All putrescible and non-putrescible waste solids including garbage
and rubbish.
Subd. 22. Rental Unit. A dwelling or dwelling unit let for rent or lease.
Subd. 23. Repair. To restore to a sound and acceptable state of operation, serviceability
or appearance.
Subd. 24. Rodent Harborage. Any place where rodents can live, nest or seek shelter.
Subd. 25. Rooming Unit. Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking and eating
purposes.
Subd. 26. Safety. The condition of being reasonably free from danger and hazards which
may cause accidents or disease.
Subd. 27. Supplied. Paid, furnished or provided by, or under the control of, an owner or
operator.
Subd. 28. Interpretation. Whenever the words "dwelling", "dwelling unit", "premises, or
`structure" are used in this Section 1336, they will be deemed to be followed by the
words "or any part thereof'.
1336.02 Responsibilities of Owners(Landlord).
Subd. 1. Owner Responsible. Every owner of a rental dwelling is responsible for
violations of duties and obligations imposed by this Section even if the duty or obligation
is also imposed on the occupant (s) of the rental dwelling, or even if the owner, by
agreement, has imposed on the occupant (s) the duty of making sure that the rental
dwelling complies with the requirements of this Section, applicable provisions of the City
Code and the International Property Maintenance Code.
Subd. 2. Cleanliness. Every owner of a rental dwelling is responsible for keeping that
part of the premises which he or she occupies or controls in a clean, sanitary and safe
1/22/2008
condition in conformance with this Section, applicable provisions of the City Code and
the International Property Maintenance Code, including any shared or common areas in a
multiple family dwelling.
Subd. 3. Obtain License. The owner or resident agent must obtain a license and pay all
license fees as required by this Section before the rental dwelling may be rented.
Subd. 4. Drives, Parking, Sidewalks. The owner of an apartment building must provide
and maintain effective illumination in all exterior parking lots and walkways, parking
areas and driveways. Unless agreed upon, the owner of a property adjacent to
walkways must use due diligence to keep the walk safe for pedestrians. No such owner
or occupant may allow snow, ice, dirt or rubbish to remain on the walk longer than 12
hours after it has been deposited.
Subd. 5. Discontinuance of Service or Facilities. No owner, operator, or occupant may
cause any service, facility, equipment or utility required under this Section 1355 to be
removed from, shut off or discontinued, for any occupied dwelling, except for temporary
emergencies and temporary interruptions necessary for repairs or alterations.
1336.03 Responsibility of Occupant (Renter).
Subd. 1. Access by Owner. Every occupant of a rental dwelling shall give the owner or
resident agent access to his or her unit, and that part of the premises which he or she
occupies or controls, at reasonable times for the purpose of inspections and maintenance,
and making necessary repairs or alterations on the premises.
Subd. 2. Cleanliness. Every occupant of a rental dwelling is responsible for keeping his
or her unity, and any part of the premises which he or she occupies of controls, in a clean,
sanitary and safe condition in conformance with this Section, applicable provisions of the
City Code and the International Property Maintenance Code.
Subd. 3. Disposal of Garbage and Recyclables. Every occupant of a rental dwelling shall
store and dispose of all his or her rubbish, garbage and waste in a clean, sanitary and safe
manner. All rubbish, garbage, and waste must be collected by a hauler who is licensed
by the City as required by Section 555 of this Code. The storage of refuse and recyclable
collection containers may not be kept in the front yard setback without approved
screening or fencing.
GENERAL LICENSING PROVISIONS
1336.04. License Required.
Subd. 1. It is unlawful to operate a rental dwelling in the City without first having
obtained a license from the City. An owner must obtain a license for each rental
dwelling. If the rental dwelling contains two or more units, and has a common owner and
a common property identification number, the owner may obtain a single license for the
rental dwelling.
1/22/2008
1336.05. License Application.
Subd. 1. The owner of a rental dwelling must submit an application for a license on forms
and in the format provided by the City. The owner must give notice, in writing, to the
City within five(5)business days of any changes to the information contained in the
license application. The application must include:
1. the owner's name, address, and telephone number, owning partners of a partnership,
corporate officers if a corporation; or
2. the name and address of a person residing or having a business office in Hennepin or
Ramsey County, and appointed by the owner as an agent for purposes of notices
under this section and for services of process upon the owner; or
3. the name and address of any managing operator or agent; or
4. the name and address of the contract for deed vendor if the rental dwelling is owned
under a contract for deed; or
5. the legal address of the rental dwelling; and
6. the type and number of units within the rental dwelling; and
7. the height and the multiple dwelling in stories; and
8. the type of structure to be licensed (i.e. single-family, duplex, triplex); and
9. the exterior finish of the building.
Subd. 2. Issuance and Term. Upon approval by the City Council, the City Clerk will
issue a license to the owner of the rental dwelling. A license is personal to the owner of a
specified rental dwelling. No license may be transferred to a purchaser of a multiple
dwelling or to any other person or entity. If a rental dwelling is sold, the purchaser may
not own or operate the rental dwelling without first obtaining the license provided for in
this section. A license will be valid for one year. If a license is issued during the year, the
license will be prorated accordingly at the renewal time.
1336.06. License Fees.
Subd. 1. The owner must pay an annual license fee, the amount of which will be
determined by the City Council. The fee schedule is located in Chapter 6 of this city
code. The owner must submit the required fee along with the application for a new or
renewal license. Applications for renewal license submitted after the license term
1/22/2008
0
expiration are subject to a penalty fee, which shall be determined from the time by the
City Council.
1336.07. License Issuance.
Subd. 1. Preliminary Inspection and Investigation. Prior to issuing a license, the City
Code Official will inspect the rental dwelling to determine compliance with this Section,
the City Code and the International Property Maintenance Code. The City Clerk will
review the application for completeness and determine whether all real estate taxes and
municipal utilities are paid and current.
Subd. 2. Compliance Order. If the rental dwelling is not in full compliance with
paragraph(1), the City will provide the owner or resident agent with a compliance order
pursuant to Section 1336.08. If the owner corrects the items in the compliance order
within the specified period of time, the City will issue a license to the owner.
Subd. 3. Unsafe of Dangerous Conditions. No owner or resident agent may operate a
rental dwelling, regardless of the type of license issued, if the Housing Inspector
determines that a condition exists in or on the rental dwelling or premises that is unsafe or
poses an imminent danger to the health or safety of the tenants or the public. Any
determination by the Housing Inspector is subject to suspension or revocation of the
license, criminal prosecution and any civil remedies available to the City.
Subd. 4. Posting of License. The owner shall post a copy of the license in the rental
dwelling in a conspicuous place. In multiple dwelling units requiring a single license, the
license shall be posted in a common area of the building such as a corridor, hallway or
lobby. The posted license shall be framed with clear glass or plastic.
Subd. 5. Renewal of License. An owner may continue to rent a dwelling after the
expiration day of the license provided the owner has filed with the City on or before June
30'h, the appropriate renewal license application and license fee. The issuance of a
license under this Chapter shall be considered a privilege and not an absolute right of the
owner and shall not entitle the owner to an automatic renewal of the license. Allowing
the owner to continue to rent while the renewal is being processed does not obligate the
City to automatically renew the license.
Subd. 6. Transfer of License. Licenses are not transferable. Any change in the
ownership of the rental dwelling requires a new license.
Subd. 7. Resident Agent Required. Owners of rental dwellings with five (5) or more
individual units appoint a resident agent who shall reside within the rental dwelling to be
responsible for the maintenance and upkeep of the rental dwelling and common areas and
to handle licensing issues with the City. Owners of rental dwellings containing fewer
than five (5)units who do not reside within the counties of Ramsey, Hennepin, Anoka,
Carver, Dakota, Scott, Washington, Wright, Chisago, Isanti or Sherburne shall appoint an
agent that resides within one of these counties that shall be the responsible resident agent.
1/22/2008
J
Subd. 8. Register of OcWancy. The owner or its resident agent shall keep a current
register of occupancy for each rental dwelling. This register of occupancy may be
reviewed by the City at the time. Said register of occupancy shall contain, at a minimum,
the following information:
1. Address(es) of the rental dwelling;
2. Number of bedrooms of each unit;
3. Number of units in each building; and
4. Number of adult and children(under 18) currently occupying each
unit.
1336.08 INSPECTIONS.
Subd. 1 Infections. The City will inspect all rental dwellings periodically to determine
compliance with this Chapter, the City Code and the International Property Maintenance
Code. The City will inspect rental dwellings with even-numbered addresses in the even
year. After each inspection, the City shall provide the owner or resident agent with a
compliance order pursuant to Section 1336.08. The owner or resident agent must correct
the violations within the time period specified in the compliance order. If the violations
are not corrected, the City may suspend or revoke the license under Section 1336.08,
unless it is the initial license period, in which case, the license is valid until the end of the
owner's existing lease with the current tenant as noted in Section 1336.08. The City may,
however, immediately suspend or revoke a license if an unsafe or dangerous condition
exists as described in Section 1336.06 subd. 3.
Subd. 2 Occupant Initiated Inspections. An occupant who believes that his or her rental
dwelling is not in compliance with the provision of this Chapter, City Code or the
International Housing Maintenance Code may provide written notice to the owner or
resident agent of the rental dwelling specifying the alleged deficiency. Of the owner or
resident agent does not take action to correct the alleged problem the occupant may
contact the City and request an inspection of the rental dwelling by the Housing Inspector
upon showing proof that the owner or resident agent had been properly notified and has
been given a reasonable time in which to correct deficiencies. The cost of the inspection
shall be paid by the owner if the City's inspection reveals actual deficiencies as described
by the occupant.
1336.09 CONDUCT ON LICENSED PREMISES.
Subd. 1 Owner Responsible. It shall be the responsibility of the owner or resident agent
to see that persons occupying the rental dwelling conduct themselves in such a manner as
not to cause the premised to be disorderly. This section applies to all licenses. For
purposed of this section, a rental dwelling is disorderly at which any of the following
activities occur:
1. Violation of Minnesota Statutes Chapter 609 Gambling, Prostitution and
1/22/2008
Disorderly Conduct; and
2. Violation of Minnesota Statutes Chapter 152 Controlled Substances; and
3. Violation of Minnesota Statutes Chapter 340A Sale&Consumption of
Alcohol; and
4. Violation of Minnesota Statutes Chapters 624 Sale &Use of Weapons; and
5. Violation of City Code Chapters 1100 and 1200 Penal Regulations and
Nuisances.
Subd. 2 City Enforcement. The City Code Official is responsible for enforcement of this
section.
Subd. 3 First Violation. Upon determination by the City Code Officer that a licensed
premises was used in a disorderly manner, as described in Subd. 1 of this section, the
City Code Official must give notice to the licensee of the violation and direct the licensee
to take steps to prevent further violations.
Subd. 4 Second Violation. If another occurrence of disorderly use of the licensed
premises occurs within six months of an incident for which a notice in section subd. 3 of
this section was given, the City Code Official must notify the licensee of the violation
and must also require the licensee to submit a written report of the actions taken, and
proposed to be taken, by the licensee to prevent further disorderly use of the premises.
This written report must be submitted to the City Code Official within five days of
receipt of the notice of disorderly use of the premises and must detail all actions taken by
the licensee in response to all notices of disorderly use of the premises within the
preceding three months.
Subd. 5 Third Violation.
1. If another instance of disorderly use of the licensed premises occurs within one
year after any two previous instances of disorderly use for which notices were
given to the licensee pursuant to this section, the rental dwelling license for the
premises may be denied, revoked, suspended or not renewed. Written notification
(ticket) will be issued by the City Code Official. Such written notice must specify
all violations of this section, and must state the date, time, place and purpose of
the hearing. The hearing must be held no less than ten days and no more than 60
days after giving such notice.
2. Following the hearing, the City Council may deny, revoke, suspend or decline to
renew the license for all or any part or parts of the licensed premises or may grant
a license upon such terms and conditions as it deems necessary to accomplish the
purposes of this section.
1/22/2008
I
i
Subd. 6 No Adverse Action Pending Eviction. No adverse license action shall be imposed
where the instance of disorderly use of the licensed premises occurred during the
pending of eviction proceedings (unlawful detainer) or within 30 days of notice
given by the licensee to a tenant to vacate the premises where the disorderly use
was related to conduct by that tenant or by other occupants or guests of the tenant's
unit. Eviction proceedings are not a bar to adverse license action, however, unless
they are diligently pursued by the licensee. Further, an action to deny, revoke,
suspend, or not renew a license based upon violations of this section may be
postponed or discontinued at any time if it appears that the licensee has taken
appropriate measures which will prevent further instances of disorderly use.
Subd. 7 Finding of Disorderly Conduct. A determination that the licensed premises have
been used in a disorderly manner as described in subd. 1 of this section shall be made
upon a fair preponderance of the evidence to support such a determination. It is not
necessary that criminal charges be brought in order to support a determination of
disorderly use nor does the fact of dismissal or acquittal of such a criminal charge operate
as a bar to adverse license action under this section.
Subd. 8 Service of Notices. All notices given by the City under this section must be
personally served on the licensee, sent by certified mail to the licensee's last known
address or, if neither method of service effects notice, by posting on a conspicuous place
on the licensed premises.
Subd. 9 Enforcement Actions. Enforcement actions provided in this section are not
exclusive, and the City Council may take any action with respect to a licensee, a tenant,
or the licensed premises as is authorized by the city code, state or federal law.
1336.10 CONDITION OF LICENSED PREMISES.
Subd. 1. Compliance Order. Whenever the City Code Official determines that the
condition of any rental dwelling or the premises surrounding it fails to meet the
provisions of this Chapter, other applicable City Code provisions or the International
Property Maintenance Code, he or she may issue a compliance order setting forth the
specific violations and ordering the owner to correct such violations.
Subd. 2. Contents of the Compliance Order. The compliance order shall:
1. Be in writing; and
2. Describe the location and nature of the violations; and
3. Set forth a reasonable time for the correction of the violations by the
owner or resident agent; and
4. Be served upon the owner and resident agent either personally or by
certified mail. A copy of the compliance order shall also be provided to
1/22/2008
the occupants of the rental dwelling.
Subd. 3. License Action. If the violations listed in the compliance order are not remedied
by the owner or resident agent within the specified time given in the order, the license for
the rental dwelling may be denied, suspended, revoked, or not renewed by the City. An
administrative fine in an amount set forth from time to time by the City Council by
resolution may also be imposed. If the City decides that it will be denying, suspending,
revoking or not renewing a license or imposing an administrative fine pursuant to this
Section, the City shall send a notice of the proposed action to the owner and resident
agent of the rental dwelling.
Subd. 4. Appeal. When it is alleged by the owner or resident agent that the compliance
order is based upon the erroneous interpretation of this Chapter, other applicable City
Code provisions or the International Property Maintenance Code, the owner or resident
agent may appeal the compliance order to the City Council. Such appeal shall be in
writing, must specify the grounds for the appeal, and must be filed with the City within
five (5) business days after service of the compliance order. (modifies section 111 of
IPMQ
1336.11 HEARING PROCEDURE.
Subd. 1. Scheduling of Hearin,. If the City makes a determination that it will be
denying, suspending, revoking or not renewing a license pursuant to Sections 1336.08 of
1336.09 of this Chapter, or if the owner or resident agent is appealing the compliance
order pursuant to Section 1336.09 of this Chapter, the City Council shall conduct a
hearing on the matter. The hearing shall be scheduled at the next regular City Council
meeting following the date of the notice or receipt of the owner's notice of appeal of a
compliance order.
Subd. 2. Hearing. At the hearing, the City Council shall hear all relevant evidence and
arguments and shall review all testimony, documents and other evidence submitted. The
owner or resident agent shall have the opportunity to address the City Council at the
hearing.
Subd. 3. Findings. After the hearing is concluded, the City Council shall make findings
on whether to uphold the compliance order or to revoke, suspend, deny or not renew the
license or impose an administrative fine. The City Council shall issue a written decision
within thirty (30) days following the date of the hearing and shall send a copy of its
decision to the owner and resident agent by mail. The decision shall specify the rental
dwelling or units to which it applies.
Subd. 4. No Occupancy. If a license is revoked, suspended, denied or not renewed by the
City Council, it shall be unlawful for the owner or the resident agent to thereafter permit
the occupancy of the rental dwelling or the unit. A notice of the action shall be posted by
the City Code Official on the rental dwelling or the unit in order to prevent any further
occupancy. No person shall reside in, occupy or cause to be occupied that rental dwelling
1/22/2008
or unit until a license is obtained or reinstated by the owner.
Subd. 5. Appeal. An owner may appeal the decision of the City Council as
allowed under City Ordinance 1336.10 Subd. 4.
1336.12 MISDEMEANOR.
Subd. 1. Failure by an owner to comply with a compliance order after the right of appeal
has expired or violation of any of the provisions of this Chapter shall constitute a
misdemeanor. Each day that a violation continues shall be deemed a separate punishable
offense.
1/22/2008
A Member of the International Code Family®
INTERNATIONAL
INTERNATIONAL CODE COUNCIL®
PROPERTY
MAINTENANCE
CODE
PREFACE
Introduction
Internationally,code officials recognize the need for a modern,up-to-date property maintenance code governing the maintenance of
existing buildings.The International Property Maintenance Code®,in this 2006 edition,is designed to meet this need through
model code regulations that contain clear and specific property maintenance requirements with required property improvement pro-
visions.
This 2006 edition is fully compatible with all International Codes®(I-Codes®)published by the International Code Council
(ICC)®,including the International Building Code®,ICC Electrical Code"—Administrative Provisions,International Energy Con-
servation Code®,International Existing Building Code®, International Fire Code®,International Fuel Gas Code®,International
Mechanical Code®,ICC Performance Code®,International Plumbing Code®,International Private Sewage Disposal Code®,Inter-
national Residential Code®,International lildland-Urban Interface Code"and International Zoning Code®.
The International Property Maintenance Code provisions provide many benefits,among which is the model code development
process that offers an international forum for code officials and other interested parties to discuss performance and prescriptive code
requirements.This forum provides an excellent arena to debate proposed revisions.This model code also encourages international
consistency in the application of provisions.
Development
The first edition of the International Property Maintenance Code(1998)was the culmination of an effort initiated in 1996 by a code
development committee appointed by ICC and consisting of representatives of the three statutory members of the International
Code Council at that time,including:Building Officials and Code Administrators International,Inc.(BOCA),International Con-
ference of Building Officials(ICBG)and Southern Building Code Congress International(SBCCI).The committee drafted a com-
prehensive set of regulations for existing buildings that was consistent with the existing model property maintenance codes at the
time.This 2006 edition presents the code as originally issued,with changes reflected through the previous 2003 editions and further
changes developed through the ICC Code Development Process through 2005.A new edition of the code is promulgated every three
years.
This code is founded on principles intended to establish provisions consistent with the scope of a property maintenance code that
adequately protects public health,safety and welfare;provisions that do not unnecessarily increase construction costs;provisions
that do not restrict the use of new materials,products or methods of construction;and provisions that do not give preferential treat-
ment to particular types or classes of materials,products or methods of construction.
Adoption
The International Property Maintenance Code is available for adoption and use by jurisdictions internationally.Its use within a
governmental jurisdiction is intended to be accomplished through adoption by reference in accordance with proceedings establish-
ing the jurisdiction's laws.At the time of adoption,jurisdictions should insert the appropriate information in provisions requiring
specific local information,such as the name of the adopting jurisdiction.These locations are shown in bracketed words in small cap-
ital letters in the code and in the sample ordinance.The sample adoption ordinance on page v addresses several key elements of a
code adoption ordinance,including the information required for insertion into the code text.
Maintenance
The International Property Maintenance Code is kept up to date through the review of proposed changes submitted by code enforc-
ing officials,industry representatives,design professionals and other interested parties.Proposed changes are carefully considered
through an open code development process in which all interested and affected parties may participate.
The contents of this work are subject to change both through the Code Development Cycles and the governmental body that
enacts the code into law.For more information regarding the code development process,contact the Codes and Standards Develop-
ment Department of the International Code Council.
While the development procedure of the International Property Maintenance Code ensures the highest degree of care,ICC,its
membership and those participating in the development of this code do not accept any liability resulting from compliance or non-
compliance with the provisions because ICC does not have the power or authority to police or enforce compliance with the contents
of this code.Only the governmental body that enacts the code into law has such authority.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® ill
Letter Designations in Front of Section Numbers
In each code development cycle,proposed changes to this code are considered at the Code Development Hearings by the ICC Prop-
erty MaintenanceJZoning Code Development Committee,whose action constitutes a recommendation to the voting membership
for final action on the proposed changes.Proposed changes to a code section having a number beginning with a letter in brackets are
considered by a different code development committee.For example,proposed changes to code sections that have the letter[F]in
front of them(e.g., [F]704.1)are considered by the International Fire Code Development Committee at the Code Development
Hearings.
The content of sections in this code that begin with a letter designation are maintained by another code development committee in
accordance with the following:
[F]=International Fire Code Development Committee;
[P]=International Plumbing Code Development Committee;
[F]=International Fire Code Development Committee;and
[B]=International Building Code Development Committee.
Marginal Markings
Solid vertical lines in the margins within the body of the code indicating a technical change from the requirements of the previous
edition.Deletion indicators in the form of an arrow(no)are provided in the margin where an entire section,paragraph,exception or
table has been deleted or an item in a list of items or a table has been deleted.
Iv 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
ORDINANCE
The International Codes are designed and promulgated to be adopted by reference by ordinance.Jurisdictions wishing to adopt the
2006 International Property Maintenance Code as an enforceable regulation governing existing structures and premises should
ensure that certain factual information is included in the adopting ordinance at the time adoption is being considered by the appro-
priate governmental body.The following sample adoption ordinance addresses several key elements of a code adoption ordinance,
including the information required for insertion into the code text.
SAMPLE ORDINANCE FOR ADOPTION OF
THE INTERNATIONAL PROPERTY MAINTENANCE CODE
ORDINANCE NO.
An ordinance of the[JURISDICTION]adopting the 2006 edition of the International Property Maintenance Code,regulating and
governing the conditions and maintenance of all property,buildings and structures;by providing the standards for supplied utilities
and facilities and other physical things and conditions essential to ensure that structures are safe,sanitary and fit for occupation and
use;and the condemnation of buildings and structures unfit for human occupancy and use,and the demolition of such existing struc-
tures in the[JURISDICTION];providing for the issuance of permits and collection of fees therefor;repealing Ordinance No.
of the[JURISDICTION]and all other ordinances and parts of the ordinances in conflict therewith.
The[GOVERNING BODY]of the[JURISDICTION]does ordain as follows:
Section 1.That a certain document,three(3)copies of which are on file in the office of the[TITLE OF JURISDICTION'S KEEPER OF
RECORDS]of[NAME OF JURISDICTION],being marked and designated as the International Property Maintenance Code,2006 edi-
tion,as published by the International Code Council,be and is hereby adopted as the Property Maintenance Code of the[JURISDIC-
TION],in the State of[STATE NAME]for regulating and governing the conditions and maintenance of all property,buildings and
structures;by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure
that structures are safe,sanitary and fit for occupation and use;and the condemnation of buildings and structures unfit for human
occupancy and use,and the demolition of such existing structures as herein provided;providing for the issuance of permits and col-
lection of fees therefor;and each and all of the regulations,provisions,penalties,conditions and terms of said Property Maintenance
Code on file in the office of the[JURISDICTION]are hereby referred to,adopted,and made a part hereof,as if fully set out in this ordi-
nance,with the additions,insertions,deletions and changes,if any,prescribed in Section 2 of this ordinance.
Section 2.The following sections are hereby revised:
Section 101.1.Insert:[NAME OF JURISDICTION]
Section 103.5.Insert:[APPROPRIATE SCHEDULE]
Section 302.4.Insert: [HEIGHT IN INCHES]
Section 304.14.Insert: [DATES IN TWO LOCATIONS]
Section 602.3.Insert:[DATES IN TWO LOCATIONS]
Section 602.4.Insert: [DATES IN TWO LOCATIONS]
Section 3.That Ordinance No. of[JURISDICTION]entitled[FILL IN HERE THE COMPLETE TITLE OF THE ORDINANCE OR
ORDINANCES IN EFFECT AT THE PRESENT TIME SO THAT THEY WILL BE REPEALED BY DEFINITE MENTION]and all other ordinances
or parts of ordinances in conflict herewith are hereby repealed.
Section 4.That if any section,subsection,sentence,clause or phrase of this ordinance is,for any reason,held to be unconstitutional,
such decision shall not affect the validity of the remaining portions of this ordinance.The[GOVERNING BODY]hereby declares that it
would have passed this ordinance,and each section,subsection,clause or phrase thereof,irrespective of the fact that any one or more
sections,subsections,sentences,clauses and phrases be declared unconstitutional.
Section 5.That nothing in this ordinance or in the Property Maintenance Code hereby adopted shall be construed to affect any suit
or proceeding impending in any court,or any rights acquired,or liability incurred,or any cause or causes of action acquired or exist-
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® v
ing,under any actor ordinance hereby repealed as cited in Section 3 of this ordinance;nor shall any just or legal right or remedy of
any character be lost,impaired or affected by this ordinance.
Section 6.That the[JURISDICTION'S KEEPER OF RECORDS]is hereby ordered and directed to cause this ordinance to be published.
(An additional provision may be required to direct the number of times the ordinance is to be published and to specify that it is to be
in a newspaper in general circulation.Posting may also be required.)
Section 7.That this ordinance and the rules,regulations,provisions,requirements, orders and matters established and adopted
hereby shall take effect and be in full force and effect[TIME PERIOD]from and after the date of its final passage and adoption.
VI 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
TABLE OF CONTENTS
CHAPTER 1 ADMINISTRATION ............... 1 503 Toilet Rooms . .. . .. . . . . . . . ... .. . . . . .. . ... . 15
Section 504 Plumbing Systems and Fixtures . . ... . . .. . .... 15
101 General..... . . ... . ...... .. . ... . ..... . . . . . . 1 505 Water System.. . .. .. . . .. . .. ... . ... . .... ... 15
102 Applicability . . . .. ..... .. . . . .. .. .. .. . . . . . . . 1 506 Sanitary Drainage System. . . ... . ... . .... .... 16
103 Department of Property Maintenance 507 Storm Drainage .. . . . . . . . . .. .. . . . . . . . . . ... . 16
Inspection. . . . .. . ....... . . . . . ... .. . . . . . . . 1
104 Duties and Powers of the Code Official. . . .. . . ..2 CHAPTER 6 MECHANICAL AND ELECTRICAL
105 Approval.... . . .. . . . ...... . . . . . . . . . . . . . . . .. 2 REQUIREMENTS................ 17
106 Violations. ... . . .. . .. . .. . .. . . ... . . . . . . . . . . . 2 Section
Vi
107 Notices and Orders ... . . ... . . . .. .. . . . .. . . . . . 3 601 General.. . .. . . . . . . . . .. .. . . .. . . . . . .... . ... 17
108 Unsafe Structures and Equipment . . . . . . . . . . . .. 3 602 Heating Facilities. . . . . . . . . . ... . . .. . .... .... 17
109 Emergency Measures. ..... . . . . . ... . . . . . . . . .. 4 603 Mechanical Equipment .. . . . ... . .. . . . ... . ... 17
110 Demolition.. .. . . . . . .. .. . .. . . .... . .. .. . . . .. 4 604 Electrical Facilities . . .. . . . . . .. . . . . . . . . .. ... 17
111 Means of Appeal . . . ...... . . . . . . ... . . . . . . . .. 5 605 Electrical Equipment.. .. . . . ... . . .. . . . .. .... 18
606 Elevators,Escalators and Dumbwaiters. . . . . ... 18
i
CHAPTER 2 DEFINITIONS ....................7 607 Duct Systems. .. .. . . . . . . . . . . . . . . . . . . . . .... 18
Section
201 General. . . .. . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . 7 CHAPTER 7 FIRE SAFETY
REQUIREMENTS ................ 19
202 General Definitions . . . . . . . . . .. . . ... . . . . . . . . . 7 Section
CHAPTER 3 GENERAL REQUIREMENTS ......9 701 General. .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . ... 19
Section 702 Means of Egress. . . . . . . . . . . . .. . . . . .. . . . . ... 19
301 General. . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . 9 703 Fire-Resistance Ratings. . . . . . . . . . . . . .. . . . . .. 19
302 Exterior Property Areas. . . . . . .. . . . ... . . . . . . .. 9 704 Fire Protection Systems. . . . . . . . . . . . . ... . . .. . 19
303 Swimming Pools, Spas and Hot Tubs. . . . . . . . . . .9 CHAPTER 8 REFERENCED STANDARDS......21
304 Exterior Structure . . .. . . . . . . . . . . . .. . . . . . . . . 10
305 Interior Structure. . . . . . . . . . . . . . . . .. . . . . . . . . 11 INDEX........................................ 23
306 Handrails and Guardrails . . . . . . . . . . .. . . . . . . . 11
307 Rubbish and Garbage . . . . . . . . . . . . . . . . . . . . . . 11
308 Extermination. . . . . . .. . . . . . . . . . . . . . . . . . . . .. 11
CHAPTER 4 LIGHT,VENTILATION AND
OCCUPANCY LIMITATIONS...... 13
Section
401 General. . . . . . . . . .. .. . .. . . . . ... . . .. . . . . . . . 13
402 Light. . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . 13
403 Ventilation . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. 13
404 Occupancy Limitations . . . . . . . .. . . . . . . . . . . .. 13
CHAPTER 5 PLUMBING FACILITIES AND
FIXTURE REQUIREMENTS ......15
Section
501 General. . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . 15
502 Required Facilities.. . . . . . . . . . . . . . . . . . . . . . .. 15
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® VII
vill 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
CHAPTER 1
ADMINISTRATION
SECTION 101 1023 Application of other codes.Repairs,additions or alter-
GENERAL ations to a structure,or changes of occupancy,shall be done in
101.1 Title.These regulations shall be known as the Property accordance with the procedures and provisions of the Interna-
Maintenance Code of [NAME OF JURISDICTION], hereinafter tional Building Code, International Fuel Gas Code, Interna-
referred to as"this code." tion!Mechanical Code and the ICC Electrical Code.Nothing
in this code shall be construed to cancel,modify or set aside any
101.2 Scope. The provisions of this code shall apply to all provision of the International Zoning Code.
existing residential and nonresidential structures and all exist-
ing premises and constitute minimum requirements and stan- 102.4 Existing remedies.The provisions in this code shall not
dards for premises, structures, equipment and facilities for be construed to abolish or impair existing remedies of the juris-
light, ventilation, space, heating, sanitation, protection from diction or its officers or agencies relating to the removal or
the elements,life safety,safety from fire and other hazards,and demolition of any structure which is dangerous, unsafe and
for safe and sanitary maintenance;the responsibility of owners, insanitary
operators and occupants;the occupancy of existing structures 1025 Workmanship.Repairs,maintenance work,alterations
and premises,and for administration,enforcement and penal- or installations which are caused directly or indirectly by the
ties• enforcement of this code shall be executed and installed in a
101.3 Intent. This code shall be construed to secure its workmanlike manner and installed in accordance with the
expressed intent,which is to ensure public health,safety and manufacturer's installation instructions.
welfare in so far as they are affected by the continued occu- 102.6 Historic buildings.The provisions of this code shall not
pancy and maintenance of structures and premises. Existing be mandatory for existing buildings or structures designated as
structures and premises that do not comply with these provi- historic buildings when such buildings or structures are judged
sions shall be altered or repaired to provide a minimum level of by the code official to be safe and in the public interest of
health and safety as required herein. health,safety and welfare.
~ 101.4 Severability.If a section,subsection,sentence,clause or 102.7 Referenced codes and standards.The codes and stan-
phrase of this code is, for any reason, held to be unconstitu- dards referenced in this code shall be those that are listed in
tional,such decision shall not affect the validity of the remain- Chapter 8 and considered part of the requirements of this code
ing portions of this code. to the prescribed extent of each such reference.Where differ-
ences occur between provisions of this code and the referenced
standards,the provisions of this code shall apply.
SECTION 102 102.8 Requirements not covered by code.Requirements nec-
APPLICABILITY essary for the strength,stability or proper operation of an exist-
ing fixture, structure or equipment, or for the public safety,
102.1 General.The provisions of this code shall apply to all health and general welfare, not specifically covered by this
matters affecting or relating to structures and premises, as set code,shall be determined by the code official.
forth in Section 101. Where,in a specific case,different sec-
tions of this code specify different requirements, the most SECTION 103
restrictive shall govern.
DEPARTMENT OF PROPERTY
102.2 Maintenance. Equipment, systems, devices and safe- MAINTENANCE'INSPECTION
guards required by this code or a previous regulation or code 103.1 General. The department of property maintenance
under which the structure or premises was constructed,altered inspection is hereby created and the executive official in charge
or repaired shall be maintained in good working order. No thereof shall be known as the code official.
owner, operator or occupant shall cause any service, facility, 103.2 Appointment.The code official shall be appointed by
equipment or utility which is required under this section to be
removed from or shut off from or discontinued for any occu- the chief appointing authority of the jurisdiction;and the code
pied dwelling,except for such temporary interruption as neces- official shall not be removed from office except for cause and
Bary while repairs or alterations are in progress. The after full opportunity to be heard on specific and relevant
requirements of this code are not intended to provide the basis charges by and before the appointing authority.
for removal or abrogation of fire protection and safety systems 103.3 Deputies.In accordance with the prescribed procedures
and devices in existing structures. Except as otherwise speci- of this jurisdiction and with the concurrence of the appointing
fied herein,the owner or the owner's designated agent shall be authority,the code official shall have the authority to appoint a
responsible for the maintenance of buildings, structures and deputy code official,other related technical officers,inspectors
premises. and other employees.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 1
ADMINISTRATION
103.4 Liability.The code official,officer or employee charged 104.7 Department records.The code official shall keep offi-
with the enforcement of this code,while acting for the jurisdic- cial records of all business and activities of the department
tion, shall not thereby be rendered liable personally, and is specified in the provisions of this code.Such records shall be
hereby relieved from all personal liability for any damage retained in the official records as long as the building or struc-
accruing to persons or property as a result of an act required or ture to which such records relate remains in existence,unless
permitted in the discharge of official duties. otherwise provided for by other regulations.
Any suit instituted against any officer or employee because �■,
of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this code shall SECTION 105
be defended by the legal representative of the jurisdiction until APPROVAL
the final termination of the proceedings. The code official or 105.1 Modifications.Whenever there are practical difficulties
any subordinate shall not be liable for costs in an action,suit or involved in carrying out the provisions of this code,the code
proceeding that is instituted in pursuance of the provisions of official shall have the authority to grant modifications for indi-
this code;and any officer of the department of property mainte- vidual cases,provided the code official shall first find that spe-
nance inspection,acting in good faith and without malice,shall cial individual reason makes the strict letter of this code
be free from liability for acts performed under any of its provi- impractical and the modification is in compliance with the
sions or by reason of any act or omission in the performance of intent and purpose of this code and that such modification does
official duties in connection therewith. not lessen health,life and fire safety requirements.The details
103.5 Fees.The fees for activities and services performed by of action granting modifications shall be recorded and entered
in the department files.
the department in carrying out its responsibilities under this
code shall be as indicated in the following schedule. 105.2 Alternative materials,methods and equipment.The
[JURISDICTION To INSERT APPROPRIATE SCFEDULE.] Provisions of this code are not intended to prevent the installa-
tion of any material or to prohibit any method of construction
not specifically prescribed by this code,provided that any such
SECTION 104 alternative has been approved. An alternative material or
method of construction shall be approved where the code offi-
DUTIES AND POWERS OF THE CODE OFFICIAL cial finds that the proposed design is satisfactory and complies
104.1 General.The code official shall enforce the provisions with the intent of the provisions of this code,and that the mate-
of this code. rial, method or work offered is, for the purpose intended, at
104.2 Rule-making authority. The code official shall have least the equivalent of that prescribed in this code in quality,
104.2as strength,effectiveness,fire resistance,durability and safety.
authority necessary in the interest of public health, safety
and general welfare,to adopt and promulgate rules and proce- 105.3 Required testing. Whenever there is insufficient evi-
dures;to interpret and implement the provisions of this code;to dente of compliance with the provisions of this code, or evi-
secure the intent thereof,and to designate requirements appli- dente that a material or method does not conform to the
cable because of local climatic or other conditions.Such rules requirements of this code,or in order to substantiate claims for
shall not have the effect of waiving structural or fire perfor- alternative materials or methods,the code official shall have the
mance requirements specifically provided for in this code,or of authority to require tests to be made as evidence of compliance
violating accepted engineering methods involving public at no expense to the jurisdiction.
safety. 105.3.1 Test methods.Test methods shall be as specified in
104.3 Inspections. The code official shall make all of the this code or by other recognized test standards. In the
required inspections, or shall accept reports of inspection by absence of recognized and accepted test methods,the code
approved agencies or individuals. All reports of such inspec- official shall be permitted to approve appropriate testing
tions shall be in writing and be certified by a responsible officer procedures performed by an approved agency.
of such approved agency or by the responsible individual.The 105.3.2 Test reports. Reports of tests shall be retained by
code official is authorized to engage such expert opinion as the code official for the period required for retention of pub-
deemed-necessary to report upon unusual technical issues that lic records.
arise,subject to the approval of the appointing authority. 105.4 Material and equipment reuse.Materials,equipment
104.4 Right of entry.The code official is authorized to enter and devices shall not be reused unless such elements are in
the structure or premises at reasonable times to inspect subject good repair or have been reconditioned and tested when neces-
to constitutional restrictions on unreasonable searches and sei- sary, placed in good and proper working condition and
zures. If entry is-refused or not obtained, the code official is approved.
authorized to pursue recourse as provided by law.
104.5 Identification.The code official shall carry proper iden- SECTION 106
tification when inspecting structures or premises in the perfor-
mance of duties under this code.
106.1 Unlawful acts.It shall be unlawful for a person,firm or
104.6 Notices and orders.The code official shall issue all nec- corporation to be in conflict with or in violation of any of the
essary notices or orders to ensure compliance with this code. provisions of this code.
2
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
ADMINISTRATION
106.2 Notice of violation.The code official shall serve a notice 107.3 Method of service.Such notice shall be deemed to be
of violation or order in accordance with Section 107. properly served if a copy thereof is:
106.3 Prosecution of violation.Any person failing to comply 1. Delivered personally;
with a notice of violation or order served in accordance with 2. Sent by certified or first-class mail addressed to the last
ISection 107 shall be deemed guilty of a misdemeanor or civil ]mown address;or
infraction as determined by the local municipality,and the via
lction shall be deemed a strict liability offense.If the notice of 3. If the notice is returned showing that the letter was not
violation is not complied with,the code official shall institute delivered,a copy thereof shall be posted in a conspicu-
the appropriate proceeding at law or in equity to restrain,cor- ou$ place in or about the structure affected by such
rect or abate such violation,or to require the removal or termi- notice.
nation of the unlawful occupancy of the structure in violation 107.4 Penalties.Penalties for noncompliance with orders and
of the provisions of this code or of the order or direction made notices shall be as set forth in Section 106.4.
pursuant thereto. Any action taken by the authority having 1075 Transfer of ownership. It shall be unlawful for the
jurisdiction on such premises shall be charged against the real owner of any dwelling unit or structure who has received a
estate upon which the structure is located and shall be a lien
compliance order or upon whom a notice of violation has been
upon such real estate.
served to sell,transfer,mortgage,lease or otherwise dispose of
106.4 Violation penalties.Any person who shall violate a pro- such dwelling unit or structure to another until the provisions
vision of this code,or fail to comply therewith,or with any of of the compliance order or notice of violation have been com-
the requirements thereof,shall be prosecuted within the limits plied with,or until such owner shall first furnish the grantee,
provided by state or local laws.Each day that a violation con- transferee,mortgagee or lessee a true copy of any compliance
tinues after due notice has been served shall be deemed a sepa- order or notice of violation issued by the code official and shall
rate offense. furnish to the code official a signed and notarized statement
106.5 Abatement of violation.The imposition of the penalties from the grantee,transferee,mortgagee or lessee;acknowledg-
herein prescribed shall not preclude the legal officer of the mg the receipt of such compliance order or notice of violation
jurisdiction from instituting appropriate action to restrain,cor- and fully accepting the responsibility without condition for
rect or abate a violation, or to prevent illegal occupancy of a making the corrections or repairs required by such compliance
building, structure or premises,or to stop an illegal act,con- order or notice of violation.
duct,business or utilization of the building, structure or pre-
mises. SECTION 108
UNSAFE STRUCTURES AND EQUIPMENT
SECTION 107 108.1 General.When a structure or equipment is found by the
NOTICES AND ORDERS code official to be unsafe,or when a structure-is found unfit for
107.1 Notice to person responsible.Whenever the code offi- human occupancy,or is found unlawful,such structure shall be
cial determines that there has been a violation of this code or condemned pursuant to the provisions of this code.
has grounds to believe that a violation has occurred, notice 108.1.1 Unsafe structures.An unsafe structure is one that
shall be given in the manner prescribed in Sections 107.2 and is found to be dangerous to the life, health, property or
107.3 to the person responsible for the violation as specified in safety of the public or the occupants of the structure by not
this code. Notices for condemnation procedures shall also providing minimum safeguards to protect or warn occu-
comply with Section 108.3. pants in the event of fire,or because such structure contains
107.2 Form.Such notice prescribed in Section 107.1 shall be unsafe equipment or is so damaged, decayed,dilapidated,
in accordance with all of the following: structurally unsafe or of such faulty construction or unstable
foundation,that partial or complete collapse is possible.
1. Be in writing. 108.1.2 Unsafe equipment. Unsafe equipment includes
2. Include a description of the real estate sufficient for iden- any boiler, heating equipment, elevator, moving stairway,
tification. electrical wiring or device,flammable liquid containers or
3. Include a statement of the violation or violations and why other equipment on the premises or within the structure
the notice is being issued. which is in such disrepair or condition that such equipment
is a hazard to life,health,property or safety of the public or
4. Include a correction order allowing a reasonable time to occupants of the premises or structure.
make the repairs and improvements required to bring the
dwelling unit or structure into compliance with the pro- 108.1.3 Structure unfit for human occupancy.A struc-
visions of this code. ture is unfit for human occupancy whenever the code offi-
5. Inform the property owner of the right to appeal. cial finds that such structure is unsafe,unlawful or,because
of the degree to which the structure is in disrepair or lacks
6. Include a statement of the right to file a lien in accordance maintenance,is insanitary,vermin or rat infested,contains
with Section 106.3. filth and contamination,or lacks ventilation,illumination,
i
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 3
ADMINISTRATION
sanitary or heating facilities or other essential equipment ger to the building occupants or those in the proximity of any
required by this code,or because the location of the struc- structure because of explosives,explosive fumes or vapors or
ture constitutes a hazard to the occupants of the structure or the presence of toxic fumes,gases or materials,or operation of
to the public. defective or dangerous equipment, the code official is hereby
108.1.4 Unlawful structure.An unlawful structure is one authorized and empowered to order and require the occupants
found in whole or in part to be occupied by more persons to vacate the premises forthwith.The code official shall cause
than permitted under this code, or was erected, altered or to be posted at each entrance'to shch structure a notice reading
occupied contrary to law. as follows: "This Structure Is Unsafe and Its Occupancy Has
Been Prohibited by the Code Official."It shall be unlawful for
108.2 Closing of vacant structures.If the structure is vacant any person to enter such structure except for the purpose of
and unfit for human habitation and occupancy, and is not in securing the structure,making the required repairs,removing
danger of structural collapse,the code official is authorized to the hazardous condition or of demolishing the same.
post a placard of condemnation on the premises and order the
structure closed up so as not to be an attractive nuisance.Upon 109.2 Temporary safeguards.Notwithstanding other provi-
failure of the owner to close up the premises within the time sions of this code,whenever,in the opinion of the code official,
specified in the order,the code official shall cause the premises there is imminent danger due to an unsafe condition,the code
to be closed and secured through any available public agency official shall order the necessary work to be done,including the
or by contract or arrangement by private persons and the cost boarding up of openings,to render such structure temporarily
thereof shall be charged against the real estate upon which the safe whether or not the legal procedure herein described has
structure is located and shall be a lien upon such real estate and been instituted;and shall cause such other action to be taken as
may be collected by any other legal resource. the code official deems necessary to meet such emergency.
108.3 Notice. Whenever the code official has condemned a 109.3 Closing streets.When necessary for public safety, the
structure or equipment under the provisions of this section, code official shall temporarily close structures and close, or
notice shall be posted in a conspicuous place in or about the order the authority having jurisdiction to close, sidewalks,
structure affected by such notice and served on the owner or the streets, public ways and places adjacent to unsafe structures,
person or persons responsible for the structure or equipment in and prohibit the same from being utilized.
accordance with Section 107.3.If the notice pertains to equip- 109.4 Emergency repairs.For the purposes of this section,the
ment,it shall also be placed on the condemned equipment.The code official shall employ the necessary labor and materials to
notice shall be in the form prescribed in Section 107.2. perform the required work as expeditiously as possible.
108.4 Placarding.Upon failure of the owner or person respon- 109.5 Costs of emergency repairs.Costs incurred in the per-
sible to comply with the notice provisions within the time formance of emergency work shall be paid by the jurisdiction.
given,the code official shall post on the premises or on defec- The legal counsel of the jurisdiction shall institute appropriate
tive equipment a placard bearing the word"Condemned"and a action against the owner of the premises where the unsafe
statement of the penalties provided for occupying the premises, structure is or was located for the recovery of such costs.
operating the equipment or removing the placard.
109.6 Hearing. Any person ordered to take emergency mea-
108.4.1 Placard removal.The code official shall remove sures shall comply with such order forthwith.Any affected per-
the condemnation placard whenever the defect or defects son"shall thereafter,upon petition directed to the appeals board,
upon which the condemnation and placarding action were be afforded a hearing as described in this code.
based have been eliminated. Any person who defaces or
removes a condemnation placard without the approval of
the code official shall be subject to the penalties provided by
this code. SECTION 110
DEMOLITION
108.5 Prohibited occupancy. Any occupied structure con- 110.1 General.The code official shall order the owner of any
demned and placarded by the code official shall be vacated as
ordered by the code official. Any person who shall occupy a premises upon which is located any structure,which in the code
official's judgment is so old,dilapidated or has become so out
placarded premises or shall operate placarded equipment,and
any owner or any person responsible for the premises who shall of repair as to be dangerous, unsafe, insanitary or otherwiseunfit for human habitation or occupancy, and such that it is
let anyone occupy a placarded premises or operate placarded unreasonable to repair the structure, to demolish and remove
equipment shall be liable for the penalties provided by this
code. 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
SECTION 109 been a cessation of normal construction of any structure for a
EMERGENCY MEASURES period of more than two years, to demolish and remove such
109.1 Imminent danger.When,in the opinion of the code offi-
structure.
cial,there is imminent danger of failure or collapse of a build- 110.2 Notices and orders.All notices and orders shall comply
ing or structure which endangers life,or when any structure or with Section 107.
part of a structure has fallen and life is endangered by the occu- 110.3 Failure to comply.If the owner of a premises fails to
pation of the structure,or when there is actual or potential dan- comply with a demolition order within the time prescribed,the
4 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
r I,
ADMINISTRATION
i
code official shall cause the structure to be demolished and 111.3 Notice of meeting.The board shall meet upon notice
removed,either through an available public agency or by con- from the chairman,within 20 days of the filing of an appeal,or
tract or arrangement with private persons,and the cost of such at stated periodic meetings.
demolition and removal shall be charged against the real estate 111.4 Open hearing. All hearings before the board shall be
upon which the structure is located and shall be a lien upon such open to the public.The appellant, the appellant's representa-
real estate• tive, the code official and any person whose interests are
110.4 Salvage materials. When any structure has been affected shall be given an opportunity to be heard.A quorum
ordered demolished and removed,the governing body or other shall consist of not less than two-thirds of the board member-
designated officer under said contract or arrangement aforesaid ship
shall have the right to sell the salvage and valuable materials at 111.4.1 Procedure.The board shall adopt and make avail-
the highest price obtainable. The net proceeds of such sale, able to the public through the secretary procedures under
after deducting the expenses of such demolition and removal, which a hearing will be conducted.The procedures shall not
shall be promptly remitted with a report of such sale or transac- require compliance with strict rules of evidence,but shall
tion,including the items of expense and the amounts deducted, mandate that only relevant information be received.
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 1115 Postponed hearing.When the full board is not present
report shall h state. to hear an appeal,either the appellant or the appellant's repre-
sentative shall have the right to request a postponement of the
hearing. '
SECTION 111 111.6 Board decision.The board shall modify or reverse the
MEANS OF APPEAL decision of the code official only by a concurring vote of a
majority of the total number of appointed board members.
111.1 Application for appeal.Any person directly affected by
a decision of the code official or a notice or order issued under 111.6.1 Records and copies. The decision of the board
this code shall have the right to appeal to the board of appeals, shall be recorded.Copies shall be furnished to the appellant
provided that a written application for appeal is filed within 20 and to the code official.
days after the day the decision,notice or order was served.An 111.6.2 Administration.The code official shall take imme-
application for appeal shall be based on a claim that the true diate action in accordance with the decision of the board.
intent of this code or the rules legally adopted thereunder have 111.7 Court review. Any person, whether or not a previous
been incorrectly interpreted,the provisions of this code do not party of the appeal,shall have the right to apply to the appropri-
fully apply,or the requirements of this code are adequately sat- ate court for a writ of certiorari to correct errors of law.Appli-
isfied by other means. cation for review shall be made in the manner and time required
111.2 Membership of board.The board of appeals shall con- by law following the filing of the decision in the office of the
sist of a minimum of three members who are qualified by expe- chief administrative officer.
rience and training to pass on matters pertaining to property 111.8 Stays of enforcement. Appeals of notice and orders
maintenance and who are not employees of the jurisdiction. (other than Imminent Danger notices) shall stay the enforce-
The code official shall be an ex-officio member but shall have ment of the notice and order until the appeal is heard by the
no vote on any matter before the board. The board shall be appeals board.
appointed by the chief appointing authority, and shall serve
staggered and overlapping terms.
111.2.1 Alternate members.The chief appointing author-
ity shall appoint two or more alternate members who shall
be called by the board chairman to hear appeals during the
absence or disqualification of a member.Alternate members
shall possess the qualifications required for board member-
ship.
111.2.2 Chairman.The board shall annually select one of
its members to serve as chairman.
111.2.3 Disqualification of member.A member shall not
hear an appeal in which that member has a personal,profes-
sional or financial interest.
111.2.4 Secretary. The chief administrative officer shall
designate a qualified person to serve as secretary to the
board.The secretary shall file a detailed record of all pro-
ceedings in the office of the chief administrative officer.
111.2.5 Compensation of members. Compensation of
members shall be determined by law.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 5
6 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
CHAPTER 2
DEFINITIONS
SECTION 201 EXTERMINATION.The control and elimination of insects,
GENERAL rats or other pests by eliminating their harborage places; by
201.1 Scope.Unless otherwise expressly stated,the following removing or making inaccessible materials that serve as their
terms shall,for the purposes of this code,have the meanings food;by poison spraying,fumigating,trapping or by any other
shown in this chapter. approved pest elimination methods.
201.2 Interchangeability.Words stated in the present tense GARBAGE.The animal or vegetable waste resulting from the
include the future; words stated in the masculine gender handling,preparation,cooking and consumption of food.
include the feminine and neuter;the singular number includes GUARD.A building component or a system of building com-
the plural and the plural,the singular. ponents located at or near the open sides of elevated walking
201.3 Terms defined in other codes.Where terms are not de- surfaces that minimizes the possibility of a fall from the walk-
fined in this code and are defined in the International Building ing surface to a lower level.
Code,International Fire Code,International Zoning Code,In- HABITABLE SPACE.Space in a structure for living,sleep-
1 ternational Plumbing Code,International Mechanical Code or ing,eating or cooking.Bathrooms,toilet rooms,closets,halls,
the ICC Electrical Code,such terms shall have the meanings storage or utility spaces,and similar areas are not considered
ascribed to them as stated in those codes. habitable spaces.
201.4 Terms not defined.Where terms are not defined through HOUSEKEEPING UNIT.A room or group of rooms form-
the methods authorized by this section,such terms shall have ing a single habitable space equipped and intended to be used
ordinarily accepted meanings such as the context implies. for living,sleeping,cooking and eating which does not contain,
201.5 Parts.Whenever the words"dwelling unit,""dwelling," wig such a unit,a toilet,lavatory and bathtub or shower.
"premises," "building," "rooming house," "rooming unit" EM[MINENT DANGER.A condition which could cause seri-
"housekeeping unit" or "story" are stated in this code, they ous or life-threatening injury or death at any time.
shall be construed as though they were followed by the words
"or any part thereof." INFESTATION. The presence, within or contiguous to, a
structure or premises of insects,rats,vermin or other pests.
INOPERABLE MOTOR VEHICLE.A vehicle which can-
SECTION 202 not be driven upon the public streets for reason including but
GENERAL DEFINITIONS not limited to being unlicensed,wrecked,abandoned,in a state
APPROVED.Approved by the code official. of disrepair,or incapable of being moved under its own power.
BASEMENT. That portion of a building which is partly or LABELED. Devices,equipment, appliances, or materials to
completely below grade. which has been affixed a label,seal,symbol or other identify-
BATHROOM.A room containing plumbing fixtures includ- ing mark of a nationally recognized testing laboratory,inspec-
ing a bathtub or shower. tion agency or other organization concerned with product
evaluation that maintains periodic inspection of the production
BEDROOM.Any room or space used or intended to be used of the above-labeled items and by whose label the manufac-
for sleeping purposes in either a dwelling or sleeping unit. turer attests to compliance with applicable nationally recog-
CODE OFFICIAL. The official who is charged with the sized standards.
administration and enforcement of this code, or any duly LET FOR OCCUPANCY OR LET.To permit, provide or
authorized representative. offer possession or occupancy of a dwelling, dwelling unit,
CONDEMN.To adjudge unfit for occupancy. rooming unit,building,premise or structure by a person who is
or is not the legal owner of record thereof,pursuant to a written
[B] DWELLING UNIT. A single unit providing complete, or unwritten lease, agreement or license, or pursuant to a
independent living facilities for one or more persons,including recorded or unrecorded agreement of contract for the sale of
permanent provisions for living,sleeping,eating,cooking and land.
sanitation.
OCCUPANCY.The purpose for which a building or portion
i EASEMENT. That portion of land or property reserved for thereof is utilized or occupied.
j present or future use by a person or agency other than the legal
fee owner(s)of the property.The easement shall be permitted OCCUPANT.Any individual living or sleeping in a building,
to be for use under,on or above a said lot or lots. or having possession of a space within a building.
EXTERIOR PROPERTY.The open space on the premises OPENABLE AREA.That part of a window,skylight or door
and on adjoining property under the control of owners or opera- which is available for unobstructed ventilation and which
tors of such premises. opens directly to the outdoors.
i
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 7
DEFINITIONS
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 per-
son,and the executor or administrator of the estate of such per-
son if ordered to take possession of real property by a court.
PERSON. An individual, corporation, partnership or any
other group acting as a unit.
PREMISES.A lot,plot or parcel of land,easement or public
way,including any structures thereon.
PUBLIC WAY. Any street, alley 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.
ROOMING HOUSE. A building arranged or occupied for
lodging, with or without meals, for compensation and not
occupied as a one-or two-family dwelling.
ROOMING UNIT.Any room or group of rooms forming a
single habitable unit occupied or intended to be occupied for
sleeping or living,but not for cooking purposes.
RUBBISH. Combustible and noncombustible waste materi-
als,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.
[B] SLEEPING UNIT. A room or space in which people
sleep,which can also include permanent provisions for living,
eating and either sanitation or kitchen facilities,but not both.
Such rooms and spaces that are also part of a dwelling unit are
not sleeping units.
STRICT LIABILITY OFFENSE.An offense in which the
prosecution in a legal proceeding is not required to prove crimi-
nal intent as a part of its case. It is enough to prove that the
defendant either did an act which was prohibited,or failed to do
an act which the defendant was legally required to do.
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 sup-
plying conditioned or unconditioned air to,or removing such
air from,any space.
WORKMANLIKE.Executed in a skilled manner;e.g.,gen-
erally plumb, level, square, in line, undamaged and without
marring adjacent work.
YARD.An open space on the same lot with a structure.
6
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
CHAPTER 3
GENERAL REQUIREMENTS
SECTION 301 property in violation and cut and destroy the weeds growing
GENERAL thereon, and the costs of such removal shall be paid by the
owner or agent responsible for the property.
301.1 Scope.The provisions of this chapter shall govern the
minimum conditions and the responsibilities of persons for 3025 Rodent harborage.All structures and exterior property
maintenance of structures,equipment and exterior property. shall be kept free from rodent harborage and infestation.Where
rodents are found, they shall be promptly exteniiinated by
301.2 Responsibility.The owner of the premises shall main- approved processes which will not be injurious to human
tain the structures and exterior property in compliance with health.After extermination,proper precautions shall be taken
these requirements, except as otherwise provided for in this to eliminate rodent harborage and prevent reinfestation.
code.A person shall not occupy as owner-occupant or permit
another person to occupy premises which are not in a sanitary 302.6 Exhaust vents.Pipes,ducts,conductors,fans or blowers
and safe condition and which do not comply with the require- shall not discharge gases,steam,vapor,hot air,grease,smoke,
ments of this chapter. Occupants of a dwelling unit,rooming odors or other gaseous or particulate wastes directly upon abut-
unit or housekeeping unit are responsible for keeping in a ting or adjacent public or private property or that of another
clean,sanitary and safe condition that part of the dwelling unit, tenant.
rooming unit, housekeeping unit or premises which they 302.7 Accessory structures.All accessory structures,includ-
occupy and control. ing detached garages, fences and walls, shall be maintained
301.3 Vacant structures and land.All vacant structures and structurally sound and in good repair.
premises thereof or vacant land shall be maintained in a clean, 302.8 Motor vehicles.Except as provided for in other regula-
safe,secure and sanitary condition as provided herein so as not tions, no inoperative or unlicensed motor vehicle shall be
to cause a blighting problem or adversely affect the public parked,kept or stored on any premises,and no vehicle shall at
health or safety. any time be in a state of major disassembly,disrepair,or in-the
process of being stripped or dismantled.Painting of vehicles
prohibited unless conducted inside an approved spray booth:I-
SECTION 302
EXTERIOR PROPERTY AREAS Exception: A vehicle of any type is permitted to undere
major overhaul, including body work, provided that such
302.1 Sanitation.All exterior property and premises shall be work is performed inside a structure or similarly enclosed
maintained in a clean,safe and sanitary condition.The occu- area designed and approved for such purposes.
pant shall keep that part of the,exterior property which such
' occupant occupies or controls in a clean and sanitary condition. 302.9 Defacement of property.No person shall willfully or
! wantonly damage, mutilate or deface any exterior surface of
j 302.2 Grading and drainage. All premises shall be graded any structure or building on any private or public property by
and maintained to prevent the erosion of soil and to prevent the placing thereon any marking,carving or graffiti.
accumulation of stagnant water thereon,or within any structure
� located thereon.
It shall be the responsibility of the owner to restore said sur-
j face to an approved state of maintenance and repair.
Exception:Approved retention areas and reservoirs.
I
302.3 Sidewalks and driveways. All sidewalks, walkways,
i stairs,driveways,parking spaces and similar areas shall be kept SECTION 303
in a proper state of repair,and maintained free from hazardous SWIMMING POOLS,SPAS AND HOT TUBS
conditions. 303.1 Swimming pools.Swimming pools shall be maintained
302.4 Weeds.All premises and exterior property shall be main- in a clean and sanitary condition,and in good repair.
tained free from weeds or plant growth in excess of(jurisdic-
i 303.2 Enclosures.Private swimming pools,hot tubs and spas,
tion to insert height in inches). All noxious weeds shall be containing water more than 24 inches(610 mm)in depth shall
prohibited.Weeds shall be defined as all grasses,annual plants
be completely surrounded by a fence or barrier at least 48
and vegetation,other than trees or shrubs provided;however, inches (1219 mm) in height above the finished ground level
this term shall not include cultivated flowers and gardens. measured on the side of the barrier away from the pool.Gates
Upon failure of the owner or agent having charge of a prop- and doors in such barriers shall be self-closing and self-latch-
erty to cut and destroy weeds after service of a notice of viola- ing.Where the self-latching device is less than 54 inches(1372
tion, they shall be subject to prosecution in accordance with mm)above the bottom of the gate,the release mechanism shall
Section 106.3 and as prescribed by the authority having juris- be located on the pool side of the gate. Self-closing and self-
(fiction. Upon failure to comply with the notice of violation, latching gates shall be maintained such that the gate will posi-
any duly authorized employee of the jurisdiction or contractor tively close and latch when released from an open position of 6
hired by the jurisdiction shall be authorized to enter upon the inches(152 mm)from the gatepost.No existing pool enclosure
i 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 9
GENERAL REQUIREMENTS
shall be removed,replaced or changed in a manner that reduces 304.9 Overhang extensions.All overhang extensions includ-
its effectiveness as a safety barrier. ing,but not limited to canopies,marquees,signs,metal awn-
Exception: Spas or hot tubs with a safety cover that com- rags, fire escapes, standpipes and exhaust ducts shall be
plies with ASTM F 1346 shall be exempt from the provi- maintained in good repair and be properly anchored so as to be
sions of this section. kept in a sound condition.When required,all exposed surfaces
of metal or wood shall be protected from the elements and
against decay or rust by periodic application of weather-coat-
SECTION 304 ing materials,such as paint or similar surface treatment.
EXTERIOR STRUCTURE 304.10 Stairways,decks,porches and balconies.Every exte-
304.1 General.The exterior of a structure shall be maintained rior stairway,deck,porch and balcony,and all appurtenances
in good repair,structurally sound and sanitary so as not to pose attached thereto, shall be maintained structurally sound, in
a threat to the public health,safety or welfare. good repair,with proper anchorage and capable of supporting
304.2 Protective treatment. All exterior surfaces,including the imposed loads.
but not limited to,doors,door and window frames,cornices, 304.11 Chimneys and towers.All chimneys,cooling towers,
porches,trim,balconies,decks and fences shall be maintained smoke stacks, and similar appurtenances shall be maintained
in good condition.Exterior wood surfaces,other than decay- structurally safe and sound, and in good repair. All exposed
resistant woods, shall be protected from the elements and surfaces of metal or wood shall be protected from the elements
decay by painting or other protective covering or treatment. and against decay or rust by periodic application of weather-
Peeling,flaking and chipped paint shall be eliminated and sur- coating materials,such as paint or similar surface treatment.
faces repainted.All siding and masonry joints as well as those
between the building envelope and the perimeter of windows, 304.12 Handrails and guards.Every handrail and guard shall
doors,and skylights shall be maintained weather resistant and be fiery fastened and capable of supporting normally imposed
water tight.All metal surfaces subject to rust or corrosion shall loads and shall be maintained in good condition.
be coated to inhibit such rust and corrosion and all surfaces 304.13 Window,skylight and door frames.Every window,
with rust or corrosion shall be stabilized and coated to inhibit skylight,door and frame shall be kept in sound condition,good
future rust and corrosion. Oxidation stains shall be removed
from exterior surfaces. Surfaces designed for stabilization by repair and weather tight.
oxidation are exempt from this requirement. 304.13.1 Glazing.All glazing materials shall be maintained
[F] 304.3 Premises identification. Buildings shall have free from cracks and holes.
approved address numbers placed in a position to be plainly 304.13.2 Openable windows.Every window,other than a
legible and visible from the street or road fronting the property. fixed window,shall be easily openable and capable of being
These numbers shall contrast with their background.Address held in position by window hardware.
numbers shall be Arabic numerals or alphabet letters.Numbers
shall be a minimum of 4 inches(102 mm)high with a minimum 304.14 Insect screens. During the period from [DATE] to
stroke width of 0.5 inch(12.7 mm). [DATE],every door,window and other outside opening required
for ventilation of habitable rooms,food preparation areas,food
304.4 Structural members. All structural members shall be
maintained free from deterioration, and shall be capable of service areas or any areas where products to be included or uti-
lized in food for human consumption are processed,manufac-
tured, packaged or stored shall be supplied with approved
304.5 Foundation walls.All foundation walls shall be main- tightly fitting screens of not less than 16 mesh per inch (16
tained plumb and free from open cracks and breaks and shall be mesh per 25 mm),and every screen door used for insect control
kept in such condition so as to prevent the entry of rodents and shall have a self-closing device in good working condition.
other pests.
Exception: Screens shall not be required where other
304.6 Exterior walls. All exterior walls shall be free from approved means,such as air curtains or insect repellent fans,
holes, breaks, and loose or rotting materials; and maintained are employed.
weatherproof and properly surface coated where required to
prevent deterioration. 304.15 Doors. All exterior doors, door assemblies and hard-
ware shall be maintained in good condition. Locks at all en-
304.7 Roofs and drainage. The roof and flashing shall be trances to dwelling units and sleeping units shall tightly secure
sound,tight and not have defects that admit rain.Roof drainage the door.Locks on means of egress doors shall be in accordance
shall be adequate to prevent dampness or deterioration in the with Section 702.3.
walls or interior portion of the structure. Roof drains,gutters
and downspouts shall be maintained in good repair and free 304.16 Basement hatchways.Every basement hatchway shall
from obstructions.Roof water shall not be discharged in a man- be maintained to prevent the entrance of rodents,rain and Bur-
ner that creates a public nuisance. face drainage water.
304.8 Decorative features.All cornices,belt courses,corbels, 304.17 Guards for basement windows.Every basement win-
terra cotta trim, wall facings and similar decorative features dow that is openable shall be supplied with rodent shields,
shall be maintained in good repair with proper anchorage and storm windows or other approved protection against the entry
in a safe condition. of rodents.
10 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
GENERAL REQUIREMENTS
304.18 Building security.Doors, windows or hatchways for SECTION 306
dwelling units,room units or housekeeping units shall be pro- HANDRAILS AND GUARDRAILS
vided with devices designed to provide security for the occu- 306.1 General.Every exterior and interior flight of stairs hav-
pants and property within. ing more than four risers shall have a handrail on one side of the
304.18.1 Doors.Doors providing access to a dwelling unit, stair and every open portion of a stair,landing,balcony,porch,
rooming unit or housekeeping unit that is rented,leased or deck, ramp or other walking surface which is more than 30
,y let shall be equipped with a deadbolt lock designed to be inches (762 mm) above the floor or grade below shall have
readily openable from the side from which egress is to be guards. Handrails shall not be less than 30 inches (762 mm)
made without the need for keys,special knowledge or effort high or more than 42 inches(1067 mm)high measured verti-
and shall have a lock throw of not less than 1 inch(25 mm). cally above the nosing of the tread or above the finished floor of
Such deadbolt locks shall be installed according to the man- the landing or walking surfaces.Guards shall not be less than
ufacturer's specifications and maintained in good working 30 inches(762 mm)high above the floor of the landing,bal-
order.For the purpose of this section,a sliding bolt shall not cony,porch,deck,or ramp or other w alking surface.
be considered an acceptable deadbolt lock. Exception: Guards shall not be required where exempted
304.18.2 Windows.Operable windows located in whole or by the adopted building code.
in part within 6 feet (1828 mm) above ground level or a
walking surface below that provide access to a dwelling
07
unit, rooming unit or housekeeping unit that is rented, SECTION
leased or let shall be equipped with a window sash locking RUBBISH AND GARBAGE
device. 307.1 Accumulation of rubbish or garbage. All exterior
304.18.3 Basement hatchways.Basement hatchways that property and premises,and the interior of every structure,shall
provide access to a dwelling unit, rooming unit or house- be free from any accumulation of rubbish or garbage.
keeping unit that is rented,leased or let shall be equipped 307.2 Disposal of rubbish.Every occupant of a structure shall
with devices that secure the units from unauthorized entry. dispose of all rubbish in a clean and sanitary manner by placing
such rubbish in approved containers.
SECTION 305 307.2.1 Rubbish storage facilities. The owner of every
INTERIOR STRUCTURE occupied premises shall supply approved covered contain-
ers for rubbish, and the owner of the premises shall be
305.1 General. The interior of a structure and equipment responsible for the removal of rubbish.
therein shall be maintained in good repair, structurally sound 307.2.2 Refrigerators. Refrigerators and similar equip-
and in a sanitary condition. Occupants shall keep that part of ment not in operation shall not be discarded,abandoned or
the structure which they occupy or control in a clean and sani- stored on premises without first removing the doors.
tary condition.Every owner of a structure containing a room-
ing house, housekeeping units, a hotel, a dormitory, two or 307.3 Disposal of garbage.Every occupant of a structure shall
more dwelling units or two or more nonresidential occupan- dispose of garbage in a clean and sanitary manner by placing
cies, shall maintain, in a clean and sanitary condition, the such garbage in an approved garbage disposal facility or
shared or public areas of the structure and exterior property. approved garbage containers.
305.2 Structural members. All structural members shall be 307.3.1 Garbage facilities.The owner of every dwelling
maintained structurally sound, and be capable of supporting shall supply one of the following:an approved mechanical
the imposed loads. food waste grinder in each dwelling unit;an approved incin-
erator unit in the structure available to the occupants in each
3053 Interior surfaces.All interior surfaces,including win- dwelling unit;or an approved leakproof, covered, outside
dows and doors,shall be maintained in good,clean and sanitary garbage container.
condition.Peeling,chipping,flaking or abraded paint shall be
repaired, removed or covered. Cracked or loose plaster, 307.3.2 Containers.The operator of every establishment
decayed wood and other defective surface conditions shall be producing garbage shall provide,and at all times cause to be
corrected. utilized, approved leakproof containers provided with
close-fitting covers for the storage of such materials until
305.4 Stairs and walking surfaces.Every stair,ramp,landing,
balcony,porch, deck or other walking surface shall be main-
tained in sound condition and good repair.
305.5 Handrails and guards.Every handrail and guard shall SECTION 308
be firmly fastened and capable of supporting normally imposed EXTERMINATION
loads and shall be maintained in good condition. 308.1 Infestation.All structures shall be kept free from insect
305.6 Interior doors.Every interior door shall fit reasonably and rodent infestation. All structures in which insects or
well within its frame and shall be capable of being opened and rodents are found shall be promptly exterminated by approved
closed by being properly and securely attached to jambs,head- processes that will not be injurious to human health. After
ers or tracks as intended by the manufacturer of the attachment extermination, proper precautions shall be taken to prevent
hardware. reinfestation.
t
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 11
GENERAL REQUIREMENTS
308.2 Owner.The owner of any structure shall be responsible
for extermination within the structure prior to renting or leas-
ing the structure.
308.3 Single occupant.The occupant of a one-family dwelling
or of a single-tenant nonresidential structure shall be responsi-
ble for extermination on the premises.
308.4 Multiple occupancy.The owner of a structure contain-
ing two or more dwelling units,a multiple occupancy,a room-
ing house or a nonresidential structure 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 occu-
pant to prevent such infestation in the area occupied,the occu-
pant shall be responsible for extermination.
308.5 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 extermina-
tion.
i
I
i
I
I
I
I
I
t
1.2 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
CHAPTER 4
LIGHT, VENTILATION AND
OCCUPANCY LIMITATIONS
SECTION 401 SECTION 403
GENERAL VENTILATION
401.1 Scope.The provisions of this chapter shall govern the 403.1 Habitable spaces.Every habitable space shall have at
minimum conditions and standards for light, ventilation and least one openable window.The total openable area of the win-
space for occupying a structure. dow in every room shall be equal to at least 45 percent of the
401.2 Responsibility.The owner of the structure shall provide minimum area in Section 402.1.
and maintain light,ventilation and space conditions in compli- Exception:Where rooms and spaces without openings to
ance with these requirements. A person shall not occupy as the outdoors are ventilated through an adjoining room,the
owner-occupant,or permit another person to occupy,any pre- unobstructed opening to the adjoining room shall be at least
wises that do not comply with the requirements of this chapter. 8 percent of the floor area of the interior room or space,but
401.3 Alternative devices. In lieu of the means for natural not less than 25 square feet(2.33 mz).The ventilation open-
light and ventilation herein prescribed, artificial light or ings to the outdoors shall be based on a total floor area being
mechanical ventilation complying with the International ventilated.
Building Code shall be permitted. 403.2 Bathrooms and toilet rooms.Every bathroom and toi-
let room shall comply with the ventilation requirements for
habitable spaces as required by Section 403.1, except that a
SECTION 402 window shall not be required in such spaces equipped with a
LIGHT mechanical ventilation system.Air exhausted by a mechanical
402.1 Habitable spaces.Every habitable space shall have at ventilation system from a bathroom or toilet room shall dis-
least one window of approved size facing directly to the out- charge to the outdoors and shall not be recirculated.
doors or to a court.The minimum total glazed area for every 403.3 Cooking facilities.Unless approved through the certifi-
habitable space shall be 8 percent of the floor area of such cate of occupancy,cooking shall not be permitted in any room-
room. Wherever walls or other portions of a structure face a ing unit or dormitory unit,and a cooking facility or appliance
window of any room and such obstructions are located less shall not be permitted to be present in the rooming unit or dor-
than 3 feet(914 mm)from the window and extend to a level mitory unit.
above that of the ceiling of the room,such window shall not be
deemed to face directly to the outdoors nor to a court and shall Exceptions:
not be included as contributing to the required minimum total 1. Where specifically approved in writing by the code
window area for the room. official.
Exception:Where natural light for rooms or spaces without 2. Devices such as coffee pots and microwave ovens
exterior glazing areas is provided through an adjoining shall not be considered cooking appliances.
room,the unobstructed opening to the adjoining room shall
be at least 8 percent of the floor area of the interior room or 403.4 Process ventilation.Where injurious,toxic,irritating or
space,but not less than 25 square feet(2.33 m2).The exte- noxious fumes, gases, dusts or mists are generated, a local
rior glazing area shall be based on the total floor area being exhaust ventilation system shall be provided to remove the con-
served. taminating agent at the source. Air shall be exhausted to the
402.2 Common halls and stairways.Every common hall and exterior and not be recirculated to any space.
stairway in residential occupancies,other than in one-and two- 403.5 Clothes dryer exhaust.Clothes dryer exhaust systems
family dwellings,shall be lighted at all times with at least a 60- shall be independent of all other systems and shall be exhausted
watt standard incandescent light bulb for each 200 square feet in accordance with the manufacturer's instructions.
(19 mz)of floor area or equivalent illumination,provided that
the spacing between lights shall not be greater than 30 feet
(9144 mm). In other than residential occupancies, means of SECTION 404
egress,including exterior means of egress, stairways shall be OCCUPANCY LIMITATIONS
illuminated at all times the building space served by the means
-of egress is occupied with a minimum of 1 footcandle(11 lux) 404.1 Privacy.Dwelling units,hotel units,housekeeping units,
at floors,landings and treads. rooming units and dormitory units shall be arranged to provide
402.3 Other spaces.All other spaces shall be provided with
privacy and be separate from other adjoining spaces.
natural or artificial light sufficient to permit the maintenance of 404.2 Minimum room widths.A habitable room,other than a
sanitary conditions, and the safe occupancy of the space and kitchen, shall not be less than 7 feet(2134 mm) in any plan
utilization of the appliances,equipment and fixtures. dimension.Kitchens shall have a clear passageway of not less
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 13
LIGHT,VENTILATION AND OCCUPANCY LIMITATIONS
than 3 feet(914 mm) between- counterfronts and appliances or the code official, endanger the life, health, safety or welfare of
counterfronts..and walls. the occupants.,
404.3 Minimum- ceiling heights. Habitable spaces., hallways, 404.6 Efficiency unit. Nothing in this section_shalL prohibit an
corridors,, laundry,areas, bathrooms, toilet rooms and habitable- efficiency living unit from meeting the follpwing require-
basement areas shall have a clear ceiling height of not less than ments:
7 feet (21.34 mm):, 1. A unit occupied by not more than,two occupants shall
Exceptions: .: have a clear floor area of not less.than-220, square feet
(20-4 m2) A unit occupied by three,occupants- shall have
1. In one- and two-family dwellings. beams or girders a clear,floor area of not less than 320 square feet (29.7
spaced not less than 4 feet (1219mm) on center and m2) These required areas,shall be exclusive of the areas
projecting not more than,6 inches (152 mm) below the required by Items,2 and 3.
required ceilipg height_.
2. The unit shall be provided with akitcheA sink, cooking
2. Basement_rooms- in one- and two-family dwellings appliance and refrigeration facilities,.-each-having a clear
occupied,,exclusively for laundry; study or recreation working space of not less,than 30 inohes.(762 mm) in
purposes,, having a ceiling height of not less than 6 front..Light and ventiJation confoui&g to this.code shal-L
feet 8 inches (2033 mm) with not less than 6 feet 4 be provided.
inches (1932 mm),of clear,height under beams, gird-
ers. ducts,and similar_obstructions. 3. The unit shall-be provided with a separate, bathroom con-
taining a water closet, lavatory and bathtub or shower..
3. Rooms, occupied exclusively for sleeping, study or 4. The maximum number of occupants shall be three.
similar-purposes and having a sloped ceiling over,all
or part of the room, with a clear'ceiling height of at 404.7 Food preparation. All spaces to be occupied for food
least 7 feet (2134, mm) over not less,than one-third of preparation purposes, shall contain suitable- space and equip-
the required', a-jWmam- floor area. In calculatbV the merit to store, prepare and, serve foods in a sanitary, manner.
floor area of such rooms, only those portions of the There shall be adequate facilities and services for the sanitary
floor area,with,a clear ceiling height of 5 feet (1524 disposal ottood wastes and refuse, including facilities for tem-
mm) or more shall be included., porary storage.
404.4 Bedroom and living room- requirements. Every bed-
room and living room shall comply with the requirements of
Sections,404..4.1 through 404A.5.
404:4.1 Room area Every living room shall contaim at
least 120 square feet(1 11 m'-> and every bedroom shall con-
taint at least 70 square feet (6.5 m2)
404A 2 Access, from bedrooms. : Bedrooms shall not con-
stitute the only means of access to other bedrooms or habit-
able spaces and shall not serve as the only means of egress
from other habitable spaces.
Exception: Units that contain fewer than two bedrooms.
404:43- Water closet accessibility. Every bedroom shall
have access to at least one water closet and one lavatory
without passing through another bedroom., Eveq bedroom
in a dwelling unit shall have access to at least one water
closet and lavatory located in the same story as the bedroom
or an adjacent story:.
404.4.4 Prohibited, occupancy. Kitchens and nonhabitable
spaces shall not be used for sleeping purposes.
404.A.5�Other requirements. Bedrooms shaLL comply with
the applicable-provisions of this code including, but not lint,
ited to, the light, ventilation, room area, ceiling height and
room width, requirements of this chapter: the plumbing
facilities•and water-heatig facilities.requirements of Chap-
ter 5;the heatiug,facilities,and electrical receptacle- require-
ments,of Chapter'6;and the smoke detector and emergency
escape requirements of Chapter 7.
1 404.5 Overcrowding., . The number of persons occupying a
dwelling unit shall-not create conditions that, in the opinion of
14 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
place, shall be protected by an approved atmospheric-type vac-
uum breaker or an approved permanentLy attached hose con-
nection vacuum_breaker.
505.3 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 pres-
sures adequate to enable the fixtures to function properly,
safely, and free from-defects and leaks.
505.4 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 at a temperature
of not less than I IOoP(43°C).,A gas-burning water heater shall
not be located in any bathroom, toilet room, bedroom or other
occupied room normally kept closed, unless adequate combus-
tion air is provided. An approved combination temperature and
pressure-relief 'valve and relief valve discharge pipe shall be
properly installed and maintained on water heaters.
[P]I SECTION 506
SANITARY IDRAINAGE SYSTEM
506.1 General.. All plumbing fixtures shall be properly con-
nected to either a public ,sewer system or to an approved private
sewage disposal system..,
506.2 Maintenance:. Every plumbing stack, vent, waste and
sewer line shall function properly and be kept free from
obstructions, leaks,and defects.
[P] SECTION 1 507
STORM DRAINAGE
507.1 General.. Drainage of roofs and paved areas, yards and
courts, and other open areas on the premises shall not be dis-
charged in a manner that creates a public nuisance.
16 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
CHAPTER
PLUMBING FACILITIES AND
FIXTURE REQUIREMENTS
SECTION 501 503.3 Location of employee toilet facilities.Toilet facilities
GENERAL shall have access from within the employees' working area.
The required toilet facilities shall be located not more than one
501.1 Scope.The provisions of this chapter shall govern the story above or below the employees'working area and the path
minimum plumbing systems,facilities and plumbing fixtures of travel to such facilities shall not exceed a distance of 500 feet
to be provided. (152 m).Employee facilities shall either be separate facilities
501.2 Responsibility.The owner of the structure shall provide or combined employee and public facilities.
and maintain such plumbing facilities and plumbing fixtures in Exception: Facilities that are required for employees in
compliance with these requirements.A person shall not occupy storage structures or kiosks,which are located in adjacent
as owner-occupant or permit another person to occupy any structures under the same ownership,lease or control,shall
structure or premises which does not comply with the require- not exceed a travel distance of 500 feet(152 m) from the
ments of this chapter. employees'regular working area to the facilities.
503.4 Floor surface.In other than dwelling units,every toilet
[P]SECTION 502 room floor shall be maintained to be a smooth, hard,
REQUIRED FACILITIES nonabsorbent surface to permit such floor to be easily kept in a
clean and sanitary condition.
502.1 Dwelling units. Every dwelling unit shall contain its
own bathtub or shower,lavatory,water closet and kitchen sink
which shall be maintained in a sanitary, safe working condi- [P] SECTION 504
tion.The lavatory shall be placed in the same room as the water PLUMBING SYSTEMS AND FIXTURES
closet or located in close proximity to the door leading directly 504.1 General. All plumbing fixtures shall be properly
into the room in which such water closet is located.A kitchen installed and maintained in working order, and shall be kept
sink shall not be used as a substitute for the required lavatory. free from obstructions,leaks and defects and be capable of per-
502.2 Rooming houses.At least one water closet,lavatory and forming the function for which such plumbing fixtures are
bathtub or shower shall be supplied for each four rooming designed.All plumbing fixtures shall be maintained in a safe,
units. sanitary and functional condition.
502.3 Hotels.Where private water closets,lavatories and baths 504.2 Fixture clearances.Plumbing fixtures shall have ade-
are not provided,one water closet,one lavatory and one bath- quate clearances for usage and cleaning.
tub or shower having access from a public hallway shall be pro- 504.3 Plumbing system hazards. Where it is found that a
vided for each ten occupants. plumbing system in a structure constitutes a hazard to the occu-
502.4 Employees'facilities.A minimum of one water closet, pants or the structure by reason of inadequate service,inade-
one lavatory and one drinking facility shall be available to quate venting, cross connection, backsiphonage, improper
employees. installation,deterioration or damage or for similar reasons,the
code official shall require the defects to be corrected to elimi-
502.4.1 Drinking facilities. Drinking facilities shall be a nate the hazard.
drinking fountain,water cooler,bottled water cooler or dis-
posable cups next to a sink or water dispenser. Drinking
facilities shall not be located in toilet rooms or bathrooms. SECTION 505
WATER SYSTEM
[P]SECTION 503 505.1 General.Every sink,lavatory,bathtub or shower,drink-
TOILET ROOMS ing fountain, water closet or other plumbing fixture shall be
properly connected to either a public water system or to an
503.1 Privacy.Toilet rooms and bathrooms shall provide pri- approved private water system. All kitchen sinks, lavatories,
vacy and shall not constitute the only passageway to a hall or laundry facilities,bathtubs and showers shall be supplied with
other space, or to the exterior. A door and interior locking hot or tempered and cold running water in accordance with the
device shall be provided for all common or shared bathrooms International Plumbing Code.
and toilet rooms in a multiple dwelling.
[P] 505.2 Contamination. The water supply shall be main-
503.2 Location. Toilet rooms and bathrooms serving hotel tained free from contamination,and all water inlets for plumb-
units,rooming units or dormitory units or housekeeping units, ing fixtures shall be located above the flood-level rim of the
shall have access by traversing not more than one flight of stairs fixture.Shampoo basin faucets,janitor sink faucets and other
and shall have access from a common hall or passageway. hose bibs or faucets to which hoses are attached and left in
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 15
CHAPTER 6
MECHANICAL AND ELECTRICAL REQUIREMENTS
SECTION 601 Exceptions:
GENERAL 1. Processing, storage and operation areas that require
601.1 Scope.The provisions of this chapter shall govern the cooling or special temperature conditions.
minimum mechanical and electrical facilities and equipment to 2. Areas in which persons are primarily engaged in vig-
be provided. orous physical activities.
601.2 Responsibility.The owner of the structure shall provide 602.5 Room temperature measurement.The required room
and maintain mechanical and electrical facilities and equip- temperatures shall be measured 3 feet (914 mm) above the
ment in compliance with these requirements. A person shall floor near the center of the room and 2 feet(610 mm)inward
not occupy as owner-occupant or permit another person to from the center of each exterior wall.
occupy any premises which does not comply with the require-
ments of this chapter.
SECTION 603
SECTION 602 MECHANICAL EQUIPMENT
HEATING FACILITIES 603.1 Mechanical appliances. All mechanical appliances,
602.1 Facilities required.Heating facilities shall be provided fireplaces, solid fuel-burning appliances, cooking appliances
in structures as required by this section. and water heating appliances shall be properly installed and
maintained in a safe working condition,and shall be capable of
602.2 Residential occupancies.Dwellings shall be provided performing the intended function.
with heating facilities capable of maintaining a room tempera-
ture of 68°F(20°C)in all habitable rooms,bathrooms and toilet 603.2 Removal of combustion products. All fuel-burning
rooms based on the winter outdoor design temperature for the cand appliances shall be connected to an approved
locality indicated in Appendix D of the International Plumbing chhimneyimney t or vent.
Code.Cooking appliances shall not be used to provide space Exception:Fuel-burning equipment and appliances which
heating to meet the requirements of this section. are labeled for unvented operation.
Exception: In areas where the average monthly tempera- 603.3 Clearances. All required clearances to combustible
ture is above 30°F(-1°C),a minimum temperature of 65°F materials shall be maintained.
(18°C)shall be maintained. 603.4 Safety controls. All safety controls for fuel-burning
602.3 Heat supply.Every owner and operator of any building equipment shall be maintained in effective operation.
who rents,leases or lets one or more dwelling units or sleeping 603.5 Combustion air.A supply of air for complete combus-
units on terms,either expressed or implied,to furnish heat to
tion of the fuel and for ventilation of the space containing the
the occupants thereof shall supply heat during the period from
fuel-burning equipment shall be provided for the fuel-burning
[DATE]to[DATE]to maintain a temperature of not less than 68°F
(20°C)in all habitable rooms,bathrooms,and toilet rooms. equipment.
Exceptions: 603.6 Energy conservation devices. Devices intended to
reduce fuel consumption by attachment to a fuel-burning appli-
1. When the outdoor temperature is below the winter ance,to the fuel supply line thereto,or to the vent outlet or vent
outdoor design temperature for the locality,mainte- piping therefrom,shall not be installed unless labeled for such
nance of the minimum room temperature shall not be purpose and the installation is specifically approved.
required provided that the heating system is operating
at its full design capacity.The winter outdoor design
temperature for the locality shall be as indicated in SECTION 604
Appendix D of the International Plumbing Code. ELECTRICAL FACILITIES
2. In areas where the average monthly temperature is 604.1 Facilities required. Every occupied building shall be
above 30°F (-1°C) a minimum temperature of 65°F provided with an electrical system in compliance with the
(18°C)shall be maintained. requirements of this section and Section 605.
602.4 Occupiable work spaces. Indoor occupiable work 604.2 Service.The size and usage of appliances and equipment
spaces shall be supplied with heat during the period from shall serve as a basis for determining the need for additional
[DATE]to[DATE]to maintain a temperature of not less than 65°F facilities in accordance with the ICC Electrical Code.Dwelling
(18°C)during the period the spaces are occupied. units shall be served by a three-wire, 120/240 volt, single-
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 17
MECHANICAL AND ELECTRICAL REQUIREMENTS
phase electrical service having a rating of not less than 60
amperes.
604.3 Electrical system hazards. Where it is found that the
electrical system in a structure constitutes a hazard to the occu-
pants or, the structure by reason of inadequate service,
improper fusing, insufficient receptacle and lighting 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.
SECTION 1 605
ELECTRICAL EQUIPMENT
605.1 Installation: All'electrical-equipment, wiring and appli-
ances shall be properly installed and maintained in a safe and
approved manner.
605.2 Receptacles.. Every habitable space in a dwelling shall
contain at least two separate and remote receptacle outlets.
Every laundry area shall contain at least one grounded-type
receptacle or a receptacle- with a ground fault circuit inter-
rupter. Every bathrpom shall contain at least one receptacle.
Any new bathroom receptacle outlet shall have ground fault
circuit internipter protection..
605.3 Luminaires. Every public hall, interior stairway, toilet
room, kitchen, bathroom, laundry room, boiler room and fur-
nace room shall contain at least one electric luminaire.
SECTION 606
ELEVATORS, iESCALATORS AND DUMBWAITERS
606.1 General..Elevators,, dumbwaiters and escalators shall be
8 maintained in compliance with AS ME A17.1.. The most cur-
• rent certification_of inspection shall be on display at all times
within the elevator or attached to the escalator or dumbwaiter,
or the certificate shall be available for public inspection in the
office of the building operator. The inspection and tests shall be
peEformed at not less than the periodical intervals listed in
ASME A17J, Appendix N, except where otherwise specified
by the authority having jurisdiction.
606.2 Elevators. 1n buildings equipped with passenger eleva-
tors, at least one elevator shall be maintained in operation at all
tunes when the building is occupied.
Exception: Buildings equipped with only one elevator shall
be pewitted to have the elevator temporarily out of service
for testing or servicing.
SECTION 607
DUCT SYSTEMS
607.1 General,. Duct systems shall be maintained free of
obstEuctions and shall be capable of peEforning the required
function.
18 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
CHAPTER 7
FIRE SAFETY REQUIREMENTS
SECTION 701 Fire doors and smoke barrier doors shall not be blocked or
GENERAL obstructed or otherwise made inoperable.
701.1 Scope.The provisions of this chapter shall govern the
minimum conditions and standards for fire safety relating to [F]SECTION 704
structures and exterior premises,including fire safety facilities FIRE PROTECTION SYSTEMS
and equipment to be provided.
704.1 General.All systems,devices and equipment to detect a
701.2 Responsibility.The owner of the premises shall provide fire,actuate an alarm,or suppress or control a fire or any com-
and maintain such fire safety facilities and equipment in com- bination thereof shall be maintained in an operable condition at
pliance with these requirements.A person shall not occupy as all times in accordance with the International Fire Code.
owner-occupant or permit another person to occupy any pre-
mises that do not comply with the requirements of this chapter. 704.2 Smoke alarms.Single or multiple-station smoke alarms
shall be installed and maintained in Groups R-2,R-3,R-4 and
in dwellings not regulated in Group R occupancies,regardless
[F]SECTION 702 of occupant load at all of the following locations:
MEANS OF EGRESS 1. On the ceiling or wall outside of each separate sleeping
702.1 General.A safe,continuous and unobstructed path of area in the immediate vicinity of bedrooms.
travel shall be provided from any point in a building or structure 2. In each room used for sleeping purposes.
to the public way.Means of egress shall comply with the Inter- 3. In each story within a dwelling unit,including basements
national Fire Code. and cellars but not including crawl spaces and uninhabit-
702.2 Aisles.The required width of aisles in accordance with able attics.In dwellings or dwelling units with split lev-
the International Fire Code shall be unobstructed. els and without an intervening door between the adjacent
702.3 Locked doors.All means of egress doors shall be readily levels, a smoke alarm installed on the upper level shall
o enable from the side from which egress is to be made without ffi
suce for the adjacent lower level provided that the
op
enable
the need for keys,special knowledge or effort,except where the lower level is less than one full story below the upper
level.
door hardware conforms to that permitted by the International
Building Code. Single or multiple-station smoke alarms shall be installed in
702.4 Emergency escape openings. Required emergency other groups in accordance with the International Fire Code.
escape openings shall be maintained in accordance with the 704.3 Power source.In Group R occupancies and in dwellings
code in effect at the time of construction, and the following. not regulated as Group R occupancies, single-station smoke
Required emergency escape and rescue openings shall be oper- alarms shall receive their primary power from the building wir-
ational from the inside of the room without the use of keys or ing provided that such wiring is served from a commercial
tools.Bars,grilles,grates or similar devices are permitted to be source and shall be equipped with a battery backup. Smoke
placed over emergency escape and rescue openings provided alarms shall emit a signal when the batteries are low.Wiring
the minimum net clear opening size complies with the code that shall be permanent and without a disconnecting switch other
was in effect at the time of construction and such devices shall than as required for overcurrent protection.
be releasable or removable from the inside without the use of a Exception:Smoke alarms are permitted to be solely battery
key,tool or force greater than that which is required for normal operated in buildings where no construction is taking place,
operation of the escape and rescue opening. buildings that are not served from a commercial power
source and in existing areas of buildings undergoing alter-
[F]SECTION 703 ations or repairs that do not result in the removal of interior
FIRE-RESISTANCE RATINGS wall or ceiling finishes exposing the structure,unless there
is an attic,crawl space or basement available which could
703.1 Fire-resistance-rated assemblies. The required fire- provide access for building wiring without the removal of
resistance rating of fire-resistance-rated walls,fire stops,shaft interior finishes.
enclosures,partitions and floors shall be maintained. 704.4 Interconnection.Where more than one smoke alarm is
703.2 Opening protectives. Required opening protectives required to be installed within an individual dwelling unit in
shall be maintained in an operative condition. All fire and Group R-2,R-3,R-4 and in dwellings not regulated as Group R
smokestop doors shall be maintained in operable condition. occupancies,the smoke alarms shall be interconnected in such
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 19
i
CHAPTER 8
i
REFERENCED STANDARDS
This chapter lists the standards that are referenced in various sections of this document.The standards are listed herein by the pro-
mulgating 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.
American Society of Mechanical Engineers
ASME Tbree Pak,Avenue
New York,NY 10016-5990
Standard Referenced
reference in code
number 'Title section number
A17.1-2004 Safety Code for Elevators and Escalators with A17.la—2005 Addenda and A17.15 Supplement 2005..............606.1
ASTM International
ASTM 100
WetBarr
Co harbor Drive
West Conshohocken,PA 19428-2959
Standard Referenced
reference in code
number Title section number
F1346-91(2003) Performance Specifications for Safety Covers and Labeling Requirements for All Covers
for Swimming Pools,Spas and Hot Tbbs..............................................................303.2
International Code Council
500 New Jersey Avenue,NW
ICC 6th Floor
Washington,D.C.20001
Standard Referenced
reference in code
number Title section number
ICC EC-06 ICC Electrical Code®—Administrative Provisions .................................................201.3,604.2
IBC-06 International Building Code®........................................................102.3,201.3,401.3,702.3
IFC-06 International Fire Code® ......................................................201.3,702.1,702.2,704.1,704.2
IFGC--06 International Fuel Gas Code®.........................................................................102.3
IMC-06 International Mechanical Code®.................................................................102.3,201.3
IPC-06 International Plumbing Code® .......................................................201.3,505.1,602.2,602.3
IZC-06 International Zoning Code® ....................................................................102.3,201.3
I
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 21
INDEX
A Alternative materials, methods and
ACCEPTED ENGINEERING METHODS. . . . . . . 104.2 equipment . . . . . . . . . . . . . . . . . . . . . . . . .105.2
ACCESS Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . .202 �
Egress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .702 Energy conservation devices . . . . . . . . . . . .603.6
From bedrooms . . . . . . . . . . .404.4. Fireplaces. . . . . . . . . . . . . . . . . . . . . . . . . . .603.1
' ' ' ' ' ' 2 Garbage storage facilities . . . . . . . . . . . . .307.3.1
Plumbing fixtures, access for cleaning. . . . .504.2
To public way . . . . . . . . . . . . . . . . . . . . . . . .702.1 Modifications. . . . . . . . . . . . . . . . . . . . . . . . .105.1
Toilet room asY assa ewa 503.1 Used materials and equipment. . . . . . . . . . . 105.4
P 9
Water closet. . . . . . . . . . . . . . . . . . . . . . . .404.4.3 ARCHITECTURAL
ADJACENT Structural members . . . . . . . . . . . . . . . . . . .304.4
Privacy(hotel units, rooming units) . . . . . . .404.1 Trim. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.8
ADMINISTRATION ARTIFICIAL
Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2 Lighting of habitable rooms . . . . . . . . . . . . .401.3
9
AGENT(See also OPERATOR) . . . . . . . . . . . . . . .202
Lighting of otherspaces. . . . . . . . . . . . . . . .402.3
9 P
(See OWNER) AUTOMOBILE
AIR Motor vehicles. . . . . . . . . . . . . . . . . . . . . . . .302.8
Combustion air . . . . . . . . . . . . . . . . . . . . . . .603.5 AWNING
AISLES Signs, marquees and awnings . . . . . . . . . . .304.9
Minimum width . . . . . . . . . . . . . . . . . . . . . . .702.2
ALTERATION g
Applicability of other codes. . . . . . . . . . . . . . 102.3 BALCONY
Condemnation. . . . . . . . . . . . . . . . . .108.1, 108.2
Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . .104.3 Handrails and guardrails . . . . . . . . . . . . . . . 306.1 Prosecution. . . . . . . . . . . .106.3 BASEMENT
Unlawful acts . . . . . . . . . . . . . . . . . . . . . . . .106.1 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . .202
ANCHOR Hatchways . . . . . . . . . . . . . . . . . . . . . . . . .304.16
Architectural trim. . . . . . . . . . . . . . . . . . . . . .304.8 Windows. . . . . . . . . . . . . . . . . . . . . . . . . . .304.17
Signs, marquees and awnings . . . . . . . . . . .304.9 BATHROOM
APPEAL Common bathrooms . . . . . . . . . . . . .502.3, 503.1
Application . . . . . . . . . . . . . . . . . . . . . . . . . .111.1 Hotels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .502.3
Board decision . . . . . . •111.6 Li ksn9 hti . . . . . . . • • • • • • • . .605.3
Board of appeals. . . . . . . . . . . . . . . . . . . . . .111.2 503.1
Court review . . . . . . . . . . . . . . . . . . . . . . . . .111.7 Outlets required . . . . . . . . . . . . . . . . . . . . . .605.2
Disqualification. . . . . . . . . . . . . . . . . . . . . .111.2.3 Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . .503.1
Financial interest . . . . . . . . . . . . . . . . . . . .111.2.3 Ventilation. . . . . . . . . . . . . . . . . . . . . . . . . . .403.2
Hearing, emergency orders . . . . . . . . . . . . . 109.6 BATHTUB
Membership . . . . . . . . . . . . . . . . . . . . . . . . .111.2 Required facilities . . . . . . . . . . . . . . . . . . . . .502.1
Notice of appeal . . . . . . . . . . . . . . . . . . . . . .111.1 Rooming houses. . . . . . . . . . . . . . . . . . . . . .502.2
Postponed hearing . . . . . . . . . . . . . . . . . . . .111.5 Sewage system . . . . . . . . . . . . . . . . . . . . . .506.1
Records . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.7 Water heating facilities . . . . . . . . . . . . . . . . .505.4
Right to appeal . . . . . . . . . . . . . . . . . . . . . . .111.1 Water system . . . . . . . . . . . . . . . . . . . . . . . .505.1
Vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111.6 BEDROOM
APPLIANCE Room area. . . . . . . . . . . . . . . . . . . . . . . . .404.4.1
Cooking . . . . . . . . . . . . . . . . . . . . . . .403.3, 602.2 BOILER
Heating . . . . . . . . . . . . . . . . . . . . . . .602.2; 603.1 Unsafe equipment . . . . . . . . . . . . . . . . . . . 108.1.2
Mechanical . . . . . . . . . . . . . . . . . . . . . . . . . .603.1
APPLICATION C
Other codes . . . . . . . . . . . . . . . . . . . . . . . . .102.3
APPROVAL CAPACITY
Alternatives. . . . . . . . . . . . . . . . . . . . . . . . . .105.2 Heating facilities . . . . . . . . . . .602.2, 602.3, 602.4
Authority. . . . . . . . . . . . . . . . . . . . . . .104.1, 105.2 CAR(See AUTOMOBILE)
Modifications. . . . . . . . . . . . . . . . . . . . . . . . .105.1 CEILING
APPROVED Basement rooms. . . . . . . . . . . . . . . . . . . . . .404.3
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 23
INDEX
Failure to comply. . . . . . . . . . . . . . . . . . . . . .110.3 Facilities required . . . . . . . . . . . . . . . . . . . ...604.1
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . .601.1
Order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110.2 Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . .604.3
Salvage materials. . . . . . . . . . . . . . . . . . . . .110.4 Installation. . . . . . . . . . . . . . . . . . . . . . . . . . .605.1
Violations . . . . . . . . . . . . . . . . . . . . . . . . . . .110.3 Luminaires . . . . . . . . . . . . . . . . . . . . . . . . . .605.3
DETECTORS Receptacles. . . . . . . . . . . . . . . . . . . .604.3, 605.2
Smoke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .704 Responsibility . . . . . . . . . . . . . . . . . . . . . . . .601.2
DETERIORATION Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . .604.2
Exterior walls . . . . . . . . . . . . . . . . . . . . . . . .304.6 ELEVATOR
DIRECT Condemnation . . . . . . . . . . . . . . . . . . . . . . .108.1
General. . . . . . . . . . . . . . . . . . . . . . . . . . . . .606.1
Egress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .702.1
DISPOSAL Maintenance . . . . . . . . . . . . . . . . . . .606.1, 606.2
Disposal of garbage . . . . . . . . . . . . . . . . . . .307.3 EMERGENCY
Disposal of rubbish. . . . . . . . . . . . . . . . . . . .307.2 Emergency measures . . . . . . . . . . . . . . . . . . .109
DOOR Emergency orders . . . . . . . . . . . . . . . . . . . .109.1
Exit doors . . . . . . . . . . . . . . . . . . . . . . . . . . .702.3 Escape . . . . . . . . . . . . . . . . . . . . . . . . . . . . .702.4
Fire , . . . . _ . . . .703,2 ENFORCEMENT
Hardware . . . . . . . . . . . . . . . . . . . . . . . . . .304.15 Duties and powers. . . . . . . . . . . . . . . . . . . . . .104
Insect screens. . . . . . . . . . . . . . . . . . . . . . .304.14 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2
Interior surfaces . . . . . . . . . . . . . . . . . . . . . .305.3 EQUIPMENT
Locks . . . . . . . . . . . . . . . . . . . . . . . .304.15,702.3 Alternative. . . . . . . . . . . . . . . . . . . . . . . . . . .105.2
Maintenance . . . . . . . . . . . . . . . . .304.13, 304.15 Combustion air . . . . . . . . . . . . . . . . . . . . . . .603.5
Weather tight. . . . . . . . . . . . . . . . . . . . . . . .304.13 Condemnation . . . . . . . . . . . . . . . .108.1.2, 108.3
Window and door frames . . . . . . . . . . . . . .304.13 Electrical installation. . . . . . . . . . . . . . . . . . .605.1
DORMITORY(ROOMING HOUSE,HOTEL,MOTEL) Emergency order . . . . . . . . . . . . . . . . . . . . .109.1
Locked doors . . . . . . . . . . . . . . . . . . . . . . . .702.3 Energy conservation devices . . . . . . . . . . . .603.6
Privacy. . . . . . . . . . . . . . . . . . . . . . . .503.1, 503.2 Fire safety requirements, responsibility . . . .701.2
DRAIN, DRAINAGE Flue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .603.2
Basement hatchways . . . . . . . . . . . . . . . . .304.16 Installation. . . . . . . . . . . . . . . . . . . . . . . . . . .603.1
Plumbing connections . . . . . . . . . . . . . . . . . . .506 Interior structure . . . . . . . . . . . . . . . . . . . . . .305.1
Storm drainage . . . . . . . . . . . . . . . . . . . . . . . .507 Placarding . . . . . . . . . . . . . . . . . . . . .108.3, 108.4
Prohibited occupancy. . . . . . . . . . . . . . . . . .108.5
DUCT
EResponsibility . . . . . . . . . . . . . . . . . . . . . . . .601.2
Exhaust duct. . . . . . . . . . . . . . . . . . . . . . . . .304.9
Safety controls . . . . . . . . . . . . . . . . . . . . . . .603.4
DUST Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2
Process ventilation . . . . . . . . . . . . . . . . . . . .403.4 Scope, mechanical and electrical. . . . . . . . .601.1
DWELLING Unsafe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108
Cleanliness . . . . . . . . . . . . . . . . . . . .305.1, 307.1 Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105.4
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . .202 EXHAUST
Electrical. . . . . . . . . . . . . . . . . . . . . . . . . . . .604.1 Clothes dryer . . . . . . . . . . . . . . . . . . . . . . . .403.5
Heating facilities. . . . . . . . . . . . . . . . . . . . . . . .602 Exhaust ducts. . . . . . . . . . . . . . . . . . . . . . . .304.9
Required facilities . . . . . . . . . . . . . . . . . . . . . .502 Process ventilation . . . . . . . . . . . . . . . . . . . .403.4
EXISTING
E Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . .102.4
Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2
EASEMENT Structural members . . . . . . . . . . . . . . . . . . .304.4
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . .202 Structures . . . . . . . . . . . . . . . . . . . . . . . . . . .101.3
EGRESS EXTERIOR
Aisles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .702.2 Decorative features. . . . . . . . . . . . . . . . . . . .304.8
Emergency escape. . . . . . . . . . . . . . . . . . . .702.4 Egress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .702.1
General. . . . . . . . . . . . . . . . . . . . . . . . . . . . .702.1 Exterior structure. . . . . . . . . . . . . . . . . . . . . . .304
Lighting. . . . . . . . . . . . . . . . . . . . . . . . . . . . .402.2 Exterior walls . . . . . . . . . . . . . . . . . . . . . . . .304.6
Locked doors . . . . . . . . . . . . . . . . . . . . . . . .702.3 Painting . . . . . . . . . . . . . . . . . . . . . . .304.2, 304.6
Obstructions prohibited. . . . . . . . . . . . . . . . .702.1 Rodent harborage . . . . . . . . . . . . . . .302.5, 304.5
Stairs, porches and Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . .304.1
railings . . . . . . . . . .304.10, 305.4, 305.5, 306.1 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .301.1
ELECTRIC,ELECTRICAL Stair. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.10
Condemnation . . . . . . . . . . . . . . . . . . . . . . .108.1 Street numbers. . . . . . . . . . . . . . . . . . . . . . .304.3
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 25
INDEX
INSPECTOR Responsibility . . . . . . . . . . . . . . . . . . . ... . . .401.2
Identification . . . . . . . . . . . . . . . . . . . . . . . . .104.5 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2
Inspections . . . . . . . . . . . . . . . . . . . . . . . . . .104.3 Toilet rooms . . . . . . . . . . . . . . . . . . . . . . .605.3
Records . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.7 LIVING ROOM
INTENT Room area. . . . . . . . .404.4.1
Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.3 LOAD,LOADING
Rule-making authority. . . . . . . . . . . . . . . . . .104.2 Elevators, escalators and dumbwaiters . . . .606.1
INTERIOR Handrails and guards . . . . . . . . . . .304.12,305.5
Interior structure . . . . . . . . . . . . . . . . . . . . . . .305 Live load . . . . . . . . . . . . . . . . . . . . . .304.4,305.2
Interior surfaces . . . . . . . . . . . . . . . . . . . . 305.3 Stairs and porches. . . . . . . . . . . . . .304.10, 305.2
Means of egress . . . . . . . . . . . . . . . . . . . . . . .702 Structural members. . . . . . . . . . . . . .304.4,305.2
Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . .305.1
M
MAINTENANCE
JURISDICTION Required. . . . . . . . . . . . . . . . . . . . . . . . . . . .102.2
Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.1 MATERIAL
Alternative. . . . . . . . . . . . . . . . . . . . . . . . .105.2
K Salvage. . . . . . . . . . . . . . . . . . . . . . . . . .'. . .110.4
KITCHEN Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105.4
Electrical outlets required. . . . . . . . . . . . . . .605.2 MEANS OF EGRESS(See EGRESS)
Minimum width . . . . . . . . . . . . . . . . . . . . . . .404.2 MECHANICAL
Prohibited use . . . . . . . . . . . . . . . . . . . . . .404.4.4 Installation. . . . . . . . . . . . . . . . . . . . . . . . . . .603.1
Room lighting . . . . . . . . . . . . . . . . . . . . . . . .605.3 Responsibility . . . . . . . . . . . . . . . . . . . . . . . .601.2
Water heating facilities . . . . . . . . . . . . . . . . .505.4 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .601.1
Ventilation, general . . . . . . . . . . . . . . . . . . . . .403
Ventilation,toilet rooms. . . . . . . . . . . . . . . . .403.2
L MINIMUM
LANDING Ceiling height . . . . . . . . . . . . . . . . . . . . . . . .404.3
Handrails and guards. . . . . 30 4.12, 305.4,305.5, Room width. . . . . . . . . . . . . . . . . . . . . . . . . .404.2
306.1 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .301.1
Maintenance . . . . . . . . . . . . . . . . . .304.10, 305.4 MODIFICATION
LAUNDRY Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . .105.1
Room lighting . . . . . . . . . . . . . . . . . . . . . . . .605.3 MOTEL(See HOTELS)
Water heating facilities . . . . . . . . . . . . . . . . .505.4 MOTOR VEHICLES
LAVATORY Inoperative . . . . . . . . . . . . . . . . . . . . . . . . . .302.8
Hotels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .502.3 Painting. . . . . . . . . . . . . . . . . . . . . . . . . . . . .302.8
Required facilities . . . . . . . . . . . . . . . . . . . . . .502
Rooming houses. . . . . . . . . . . . . . . . . . . . . .502.2 N
Sanitary drainage system . . . . . . . . . . . . . . . .506
Water heating facilities . . . . . . . . . . . . . . . . .505.4 NATURAL
Water system. . . . . . . . . . . . . . . . . . . . . . . . . .505 Lighting. . . . . . . . . . . . . . . . . . . . . . . . .401.3, 402
LEASE(SELL,RENT) Ventilation. . . . . . . . . . . . . . . . . . . . . . .401.3, 403
Heat supplied . . . . . . . . . . . . . . . . . . . . . . . .602.3 NOTICE
Salvage materials. . . . . . . . . . . . . . . . . . . . . 110.4 Appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111.1
Transfer of ownership . . . . . . . . . . . . . . . . . . 107.5 Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107.2
LIEN Method of service. .. . . . . . . . . . . . . . . . . . .107.3
Closing of vacant structures. . . . . . . . . . . . . 108.2 Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107
Demolition. . . . . . . . . . . . . . . . . . . . . . . . .110.3 Owner, responsible person. . . . . . . . . . . . . .107.1
Failure to comply. . . . . . . . . . . . . . . . . . . . . .110.3 Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . .107.4
LIGHT,LIGHTING Placarding of structure . . . . . . . . . . . . . . . . .108.4
Common halls and stairways. . . . . . .402.2, 605.3 Transfer of ownership . . . . . . . . . . . . . . . . . .107.5
Luminaires . . . . . . . . . . . . . . . . . . . . . . . . . .605.3 Vacating structure. . . . . . . . . . . . . . . . . . . . .108.2
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .402 NOXIOUS
Habitable rooms . . . . . . . . . . . . . . . . . . . . . .402.1 Process ventilation . . . . . . . . . . . . . . . . . . . .403.4
Other spaces . . . . . . . . . . . . . . . . . . . . . . . .402.3 Weeds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .302.4
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 27
i
INDEX
Hallway . . . . . . . . . . . . . . . . . . . . . . . . . . . . .502.3 RODENTS
Sewage system . . . . . . . . . . . . . . . . . . . . . .506.1 Basement hatchways . . . . . . . . . . . . . . . . .304.16
Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . . .503 Condemnation . . . . . . . . . . . . . . . . . . . . . . . . .108
Vacant structures and land. . . . . . . . . . . . . .301.3 Exterior surfaces. . . . . . . . . . . . . . . . . . . . . .304.6
Water system. . . . . . . . . . . . . . . . . . . . . . . . . .505 Extermination . . . . . . . . . . . . . . . . . . . .302.5,308
PUBLIC WAY Guards for basement windows. . . . . . . . . .304.17
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . .202 Harborage. . . . . . . . . . . . . . . . . . . . . . . . . . .302.5 j
Insect and rodent control . . . . . . . . . . . . . . .308.1
ROOF
R Exterior structure . . . . . . . . . . . . . . . . . . . . .304.1
RAIN Roofs. . . 304.7
Basement hatchways . . . . . . . . . . . . . . . . .304.16 Storm drainage . . . . . . . . . . . . . . . . . . . . . . . .507
Exterior walls . . . . . . . . . . . . . . . . . . . . . . . .304.6 ROOM
Grading and drainage. . . . . . . . . . . . . . . . . .303.2 Bedroom and living room . . . . . . . . . . . . . . .404.4
Roofs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.7 Cooking facilities. . . . . . . . . . . . . . . . . . . . . .403.3
Window and door frames . . . . . . . . . . . . . .304.13 Direct access . . . . . . . . . . . . . . . . . . . . . . . .503.2
RECORD Habitable. . . . . . . . . . . . . . . . . . . . . . . . . . . .402.1
Official records . . . . . . . . . . . . . . . . . . . . . . .104.7 Heating facilities. . . . . . . . . . . . . . . . . . . . . . . .602
REHABILITATION Light. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .402
Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.3 Minimum ceiling heights. . . . . . . . . . . . . . . .404.3
Minimum width . . . . . . . . . . . . . . . . . . . . . . .404.2
REPAIR
Application of other codes . . . . . . . . . . . . . . 102.3 Overcrowding . 404.5
Chimneys . . . . . . . . . . . . . . . . . . . . . . . . . .304.11 TemProhibited use . . • • • • • • . • . . • • • • •.. .P02.4
Demolition. . . . . . . . . . . . . . . . . . . . . . . . . . .110.1 Toilet perature . . . . . . . . :6025
Exterior surfaces. . . . . . . . . . . . . . . . . . . . . .304.1 .503
Maintenance . . . . . . . . . . . . . . . . . . . . . . . .102.2 Ventilation . . . . . . . . . . . . . . . . . . . .403
ROOMING HOUSES(See DORMITORY)
Public areas . . . . . . . . . . . . . . . . . . . . . . . . .302.3
Signs, marquees and awnings . . . . . . . . . . .304.9 RUBBISH
Stairs and porches . . . . . . . . . . . . . . . . . . .304.10 Accumulation . . . . . . . . . . . . . . . . . . . . . . . .307.1
Weather tight. . . . . . . . . . . . . . . . . . . . . . . .304.13 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . .202
Workmanship . . . . . . . . . . . . . . . . . . . . . . . .102.5 Disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . .307.2
REPORTS Garbage facilities. . . . . . . . . . . . . . . . . . . .307.3.1
Test reports . . . . . . . . . . . . . . . . . . . . . . . .105.3.2 Rubbish storage. . . . . . . . . . . . . . . . . . . . .307.2.1
RESIDENTIAL Storage . . . . . . . . . . . . . . . . . . . . . . . . . . .307.2.1
Extermination. . . . . . . . . . . . . . . . . . . . . . . . . .308
Residential heating. . . . . . . . . . . . . . . . . . . .602.2 S
Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2 SAFETY,SAFE
RESPONSIBILITY Chimney . . . . . . . . . . . . . . . . . . . . . . . . . . .304.11
Extermination. . . . . . . . . . . . . . . . . . . . . . . . . .308 Condemnation . . . . . . . . . . . . . . . . . . . . . . .108.1
Fire safety. . . . . . . . . . . . . . . . . . . . . . . . . . .701.2 Electrical installation. . . . . . . . . . . . . . . . . . .605.1
Garbage disposal . . . . . . . . . . . . . . . . . . . . .307.3 Emergency measures . . . . . . . . . . . . . . . . . . .109
General. . . . . . . . . . . . . . . . . . . . . . . . . . . . .301.2 Fire safety requirements . . . . . . . . . . . . . . . . .701
Mechanical and electrical. . . . . . . . . . . . . . .601.2 Fireplaces. . . . . . . . . . . . . . . . . . . . . . . . . . .603.1
Persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . .301.1 Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.3
Placarding of structure . . . . . . . . . . . . . . . . .108.4 Safety controls . . . . . . . . . . . . . . . . . . . . . . .603.4
Plumbing facilities. . . . . . . . . . . . . . . . . . . . .501.2 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2
Rubbish storage. . . . . . . . . . . . . . . . . . . . .307.2.1 Unsafe structures and equipment . . . . . . . . . . 108
Scope. . . . . . . . . . . . . . . . . . . . . . . . .101.2,301.1 SANITARY
REVOKE,REMOVE Bathroom and kitchen floors. . . . . . . . . . . . .305.3
Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . .110 Cleanliness . . . . . . . . . . . . . . . . . . . .304.1,305.1
Existing remedies. . . . . . . . . . . . . . . . . . . . .102.4 Disposal of garbage . . . . . . . . . . . . . . . . . . .307.3
Process ventilation . . . . . . . . . . . . . . . . . . . .403.4 Disposal of rubbish. . . . . . . . . . . . . . . . . . . .307.2 j
Removal of placard . . . . . . . . . . . . . . . . . .108.4.1 Exterior property areas. . . . . . . . . . . . . . . . .302.1
Rubbish removal . . . . . . . . . . . . . . . . . . . .307.2.1 Exterior structure . . . . . . . . . . . . . . . . . . . . .304.1
RIGHT OF ENTRY Food preparation . . . . . . . . . . . . . . . . . . . . .404.7
Duties and powers of-coo a offi`ci`al-.-.- . . 302.1
Inspections . . . . . . . . . . . . . . . . . . . . . . . . . .104.3 Interior surfaces . . . . . . . . . . . . . . . . . . . . . .305.3
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 29
INDEX
U
W �
UNOBSTRUCTED WALK
Access to public way. . . . . . . . . . . . . . . . . . .702.1 Sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . .302.3
General, egress . . . . . . . . . . . . . . . . . . . . . .702.1 WALL
UNSAFE Accessory structures . . . . . . . . . . . . . . . . . .302.7
Equipment . . . . . . . . . . . . . . . . . . . . . . . . .108.1.2 Exterior surfaces . . . . . . . . . . . . . . . .304.2, 304.6
Existing remedies. . . . . . . . . . . . . . . . . . . . .102.4 Exterior walls . . . . . . . . . . . . . . . . . . . . . . . .304.6
General, condemnation. . . . . . . . . . . . . . 108, 110 Foundation walls. . . . . . . . . . . . . . . . . . . . . .304.5
General, demolition . . . . . . . . . . . . . . . . . . . . .110
General, fire-resistance rating . . . . . . . . . . .703.1
Interior surfaces .305.3 �
Notices and orders . .107, 108.3 Outlets required Structure . . . . . . . . . . . . . . . . . . . . . . . . . .108.1.1 q 605.2
Temperature measurement . . . . . . . . . . . . .602.5
USE WASTE
Application of other codes . . . . . . . . . . . . . .102.3 Disposal of garbage . . . . . . . . . . . . . . . . . . .307.3
General, demolition . . . . . . . . . . . . . . . . . . . . .110 Disposal of rubbish. . . . . . . . . . . . . . . . . . . .307.2
Dwelling units . . . . . . . . . . . . . . . . . . . . . . . .502.1
V Garbage storage facilities . . . . . . . . . . . . .307.3.1
WATER
VACANT Basement hatchways . . . . . . . . . . . . . . . . .304.16
Connections
Closing of vacant structures. . . . . . . . . . . . .108.2 . . . . . . . . . . . . . . . . . . . • • • • . .506.1
Emergency measure . . . . . . . . . . . . . . . . . . . .109 Contamination. . . . . . . . . . . . . . . . . . . . . . . .505.2
Method of service . . . . . . . . . . . . . . . 107.3, 108.3 General, sewage . . . . . . . . . . . . . . . . . . . . . . .506
Notice to owner or to person General, storm drainage . . . . . . . . . . . . . . . . .507
responsible . . . . . . . . . . . . . . . . . . . .107, 108.3 General, water system. . . . . . . . . . . . . . . . . . .505
Placarding of structure . . . . . . . . . . . . . . . . .108.4 Heating . . . . . . . . . . . . . . . . . . . . . . . . . . . . .505.4
Vacant structures and land. . . . . . . . . . . . . .301.3 Hotels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .502.3
VAPOR Kitchen sink . . . . . . . . . . . . . . . . . . . . . . . . .502.1
Required facilities . . . . . . . . . . . . . . . . . . . . . .502
Exhaust vents. . . . . . . . . . . . . . . . . . . . . . . .302.6 Rooming houses. . . . . . . . . . . . . . . . . . . . . .502.2
Process ventilation . . . . . . . . . . . . . . . . . . . .403.4 Supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .505.3
VEHICLES System. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .505
Inoperative . . . . . . . . . . . . . . . . . . . . . . . . . .302.8 Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . . . .503
Painting. . . . . . . . . . . . . . . . . . . . . . . . . . . . .302.8 Water heating facilities . . . . . . . . . . . . . . . . .505.4
VENT WEATHER,CLIMATE
Connections . . . . . . . . . . . . . . . . . . . . . . . . .504.3 Heating facilities. . . . . . . . . . . . . . . . . . . . . . . .602
Exhaust vents. . . . . . . . . . . . . . . . . . . . . . . .302.6 Rule-making authority. . . . . . . . . . . . . . . . . .104.2
Flue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .603.2 WEATHERSTRIP
VENTILATION Window and door frames . . . . . . . . . . . . . .304.13
Clothes dryer exhaust. . . . . . . . . . . . . . . . . .403.5 WEEDS
Combustion air . . . . . . . . . . . . . . . . . . . . . . .603.5 Noxious weeds . . . . . . . . . . . . . . . . . . . . . . .302.4
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . .202 WIDTH
General, ventilation . . . . . . . . . . . . . . . . . . . . .403 Minimum room width. . . . . . . . . . . . . . . . . . .404.2
Habitable rooms . . . . . . . . . . . . . . . . . . . . . .403.1 WIND
Process ventilation . . . . . . . . . . . . . . . . . . . .403.4 Weather tight. . . . . . . . . . . . . . . . . . . . . . . .304.13
Recirculation . . . . . . . . . . . . . . . . . . .403.2,403.4 Window and door frames . . . . . . . . . . . . . .304.13
Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . .403.2
VERMIN WINDOW
Condemnation .
Emergency escape. . . . . . . . . . . . . . . . . . . .702.4
. . . . . . . . . . . . . . .108 Glazing. . .304.13.1
Insect and rat control . . . . . . . . . . . . . .302.5, 308 Guards for basement windows. . . . . . . . . .304.17
VIOLATION Habitable rooms . . . . . . . . . . . . . . . . . . . . . .402.1
Condemnation . . . . . . . . . . . . . . . . . . . . . . . . .108 Insect screens. . . . . . . . . . . .304.14
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .106 Interior surface . . . . . . . . . . . . . . . . . . . . . . .305.3
Notice . . . . . . . . . . . . . . . . . . . . . . . . . .107, 108.3 Light. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .402
Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . .106.4 Openable windows . . . . . . . . . . . . . . . . .304.13.2
Placarding of structure . . . . . . . . . . . . . . . . .108.4 Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . .403.2
Prosecution. . . . . . . . . . . . . . . . . . . . . . . . .106.3 Ventilation . . . . . . . . . . . . . . . . . . . . . . . .403
Strict liability offense. . . . . . . . . . . . . . . 106.3, 202 Weather tight. . . . . . . . . . . . . . . . . . . . .304.13
Transfer of ownership . . . . . . . . . . . . . . . . . .107.5 Window and door frames . . . . . . . . . . . . . .304.13
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 31
STAFF REPORT
To: Planning Commission Report No.: IX.1.
From: Kim Moore-Sykes,Assistant City Manager
Date: March 18,2008
Subject: Draft Sign Ordinance
Requested Action: Review of Draft Sign Ordinance
Date Application Received: N/A
Property Address: N/A
Zoning District: N/A
60-Day Expires: N/A
Waiver Letter Required: Yes Date Sent: No X
Future Action: Council Action: Three (3) Readings scheduled for March 25,2008,April
22,2008 and May 27, 2008.
Background: The CityCouncil directed staff to review and revise the City's Sign Ordinance as a result of a
session the League of Minnesota Cities held late 2006. The LMC attorneys reported to those in attendance that
many municipal sign ordinances were being ruled unconstitutional by the courts because these ordinances were
found to be regulating the speech content of the signs.
Staff presented the proposed Sign Ordinance at the Feb. 19,2008 Planning Commission meeting and the
Commissioners suggested additional changes that have been incorporated into the attached draft copy of the
proposed Sign Ordinance. The substantial changes are in red and any portion of the Ordinance that appeared to
regulate speech or favor commercial speech over non-commercial speech were removed. Staff tried to retain
those aspects of the Ordinance that are particular to the City of St. Anthony Village,while at the same time
removing any provocative language that might be determined as limiting to freedom of speech.
Staff will also present a PowerPoint presentation this evening of the LMC memo entitled SIGN ORDmANcEs
AND THE FIRST AMENDMENT which further explains the challenges that cities may face with their sign ordinance
and those provisions that should be removed and why.
Action: Review and provide comment to the draft Sign Ordinance.
Attachments:
0 Draft Chapter 14 with proposed revisions
• LMCIT Memo
• January 29,2008 Staff Report to the City Council
Draft Sign Ordinance 2008 review.doc
Regulation-----Of Signs & the- - -
FirstA m- e n d me n t
Revision of Cit;
City of St . Anthony
Chapter- 14
-
_= General First Amendment Principles
Applied to SignsN
_ The First Amendment protects sig-ns - as -
speech
ignsasspeech -
-♦ Courts look seriously at attempts by --
cites _to_ _regulate signs .
-♦ Content neutral relations based on
- Time, Place, , & Manner.
_ Substantial _Government
Interest -=
Fhe main substa- n- gove-t-h-
ment
interest recognized bathe Courts are :
- -------* traffic safAF
r— -
aesthetics
Rules for Regulating Signs
-_ D Do not regule based on content
Do not favor commercial speech over . -
mon - commercial speec_- --
Restrictions on signs must accomplish
—
- Provisions to Avoid when
-A
Regulating Signs
D
D isCretionarY A - - val : appearance of
�v - ring one sign over Brother._ O - Exempt ons : content- based
discrimination ; waters down " substantial
government interest .
OtTreatinq Non -Ccym- mercial Speech
Differently : defining signs as advertising
_ _ devices ; stating "signs allowed as defined ";
-- -
AN other sins are prohibited " These
_.statements appear to prohibit non- -
__commercial speech, which is
- - unconstitutional.
-City
==Issues of Interest t6tth-e
D Flags r%j If the US flag is allowed then - any
non -commercial flag should be allowed .
Yard Signs N Some Courts have ruled yard -
signs are protected . Regulate based--Dn
Time, Place and Manner. - =
emptton Allo*ed : Election Season N MN
- Stat. 21-1-B 0-
: 45requires cities to allow
=_— noncommercial signs of any size during
—_ election season from Aug . 1 until 10 days
- : after election .
in ! Summary. . =-
,
❑ Can not regulate Content
I Can not favor Commercial Speech
er Non - Commercial Speech
Provide easily understood purpose
_ -- and rationale for permitting process-
0 Regulations must accomplish a
substantial government interest . -
—-------------
STAFF REPORT
To: Planning Commission Report No.:
From: Kim Moore-Sykes,Assistant City Manager
Date: March 18, 2008
Subject: Proposed Revised Sign Ordinance
Background: Staff presented the draft of the proposed Sign Ordinance to the Planning Commission at their
regularly schedule monthly meeting on February 19,2008. The following are items that the Planning
Commissioners felt should be considered as additional revisions or-changes.
1400.04 Definitions.
Subd. 10. Cabinet Sign. Add "box"style or enclosed to the definition. Any"box" style
or enclosed wall sign that is not of channel or individually mounted letter
construction.
Subd. 13. Changeable Copy Sign. Add non-electronic copy. A sign, or a portion
thereof,with characters,letters,or illustration that can be changed or rearranged
without altering the face or the surface of the sign. Changeable copy signs do not
include non-electronic copy, or signs upon which characters,letter or illustration
change or rearrange only once in a 24-hour period.
Subd. 17. Electronic Message Sign. Add pixel-based technology, such as but not limited to
LED, liquid crystal,etc. Any sign that displays a message electronically through pixel-
based technology,such as but not limited to LED,liquid crystal,etc.
Subd. 24. Grade. Add or berming. Grade shall be construed to be the final ground
elevation after construction. Earth mounding or berming criteria for landscaping and
screening are not part of the final grade for sign height computation.
Subd. 52. Roof. Add Minnesota State Building Code. The Exterior surface and its
supporting structure on the top of a building or structure. The structural make-up of
which conforms to the roof structures,roof construction and roof covering sections of
the Minnesota State Building Code.
Subd.59. Shimmering Signs. Add and/or. A sign which reflects an oscillating and/or
sometimes distorted visual image.
Subd. 63. Sign Structure. Add pedestal, base. Any structure including the pedestal,
base,supports,uprights,bracing and framework which supports or is capable of
supporting any sign.
1400.08 Signs Requiring No Permits.
Subd. 8. Construction Signs. Move to 1400.09 Signs Requiring Permits. Add Sign
needs to be removed within tzuo (2) weeks of receiving an Occupancy Permit from City. Signs
denoting the architect,engineer or contractor when placed upon work under
F:\Staff Reports\2008\032508 Sign Ordinance STAFF REPORT.doc
construction,provided that the total sign surface area of all such signs do not exceed
the greater of twelve (12) square feet or a ratio of one (1) square foot of sign surface
per one hundred (100)square feet of floor space in the construction project,up to a
maximum of thirty-two (32) square feet. Sign needs to be removed within two (2)
weeks of receiving an Occupancy Permit from City
Subd. 9. On-Site Temporary Subdivision Signs. Move to 1400.09 Signs Requiring
Permits. Add placed at property entrance or if two (2)entrances, one sign at each entrance
not larger than thirty-two square feet each sign both sides. One(1)on-site temporary sign
advertising a group of lots for sale within a subdivision or group of houses for sale
within a housing project, provided that the total area of such sign shall not exceed
sixty-four(64) square feet with no single dimension in excess of sixteen(16) feet
placed at property entrance. If there are two (2)entrances,one sign at each entrance
not larger than thirty-two square feet each sign both sides. The display of such sign
shall be limited to a six (6)-month time period. At the expiration of such period, the
applicant may request a further extension of time; otherwise the sign must be
removed.
1400.12 District Schedules;
Subd. 1. Residential
(2) R-3 and R-4. Each multiple dwelling complex (nine(9) or more units) allowed
one freestanding sign identifying the complex. The sign may not exceed fifty(50)
square feet in sign surface area. The sign structure, including the sign surface area,
may not exceed one hundred-fifty(150) square feet in area. The highest point of the
sign may not be more than ten(10) feet above ground level. Planning Commission
recommends that this height be reduced to eight (8)feet.
F:\Staff Reports\2008\032508 Sign Ordinance STAFF REPORT.doc
CHAPTER 14. SIGNS
DRAFT
Section 1400— SIGNS
1400.01 Title. This Chapter will be known as the"Sign Ordinance".
1400.02 Findings, Purpose and E ect.
Subd. I Findings. The City Council hereby finds as follows:
(a) Exterior signs have a substantial impact on the character and quality of the
environment.
(b) Signs provide an important medium through which individuals may convey a
variety of messages.
(c) Signs can create traffic hazards, aesthetic concerns and detriments to
property values, thereby threatening the public health, safety and welfare.
(d) The City's Code of Ordinances have, since as early as 1983, established
standards which would permit businesses in the City a reasonable and
equitable opportunity to identify themselves. The regulation of signs is an
effort to provide adequate means of expression and to promote the economic
viability of the business community.
(e) To preserve and promote civic beauty and protect the City and its citizens
from a proliferation of signs of a type, size, location and character that would
adversely impact upon the aesthetics of the community and threaten the
health, safety and welfare of the community.
(f) To preserve and protect the value of land and buildings, and to preserve and
protect landscapes.
Subd. 2 Purpose and Intent. It is not the purpose or intent of this sign ordinance to
regulate the message displayed on any sign; nor is it the purpose or intent of this Section
to regulate any building design or any display not defined as a sign, or any sign which
cannot be viewed from outside a building. The purpose and intent of this article is to:
(a) Regulate the number, location, size, type, illumination and other physical
characteristics of signs within the City in order to promote the public health,
safety and welfare.
(b) Maintain, enhance and improve the aesthetic environment of the City by
preventing visual clutter that is harmful to the appearance of the community.
(c) Improve the visual appearance of the City while providing for effective
means of communication, consistent with constitutional guarantees
and the City's goals of public safety and aesthetics.
F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 1
(d) Provide for fair and consistent enforcement of the sign regulations set for
herein under the zoning authority of the City.
Subd. 3. f ect. A sign may be erected, mounted, displayed or maintained in the City if it
is in conformance with the provisions of these regulations. The effect of this sign
ordinance, as more specifically set forth herein, is to:
1. Allow a wide variety of sign types in commercial zones, and a more limited
variety of signs in other zoning districts, subject to the standards set forth in this
sign ordinance.
2. Allow certain small, unobtrusive signs incidental to the principal use of a site
in all zoning districts when in compliance with the requirements of this sign
ordinance.
3. Prohibit signs whose location, size, type, illumination or other physical
characteristics negatively affect the environment and where the communication
can be accomplished by means having a lesser impact on the environment and the
public health, safety and welfare.
4. Provide for the enforcement of the provisions of this sign ordinance.
1400.03 Severability.
If any section, subsection, sentence, clause, or phrase of this Sign Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this Sign
Ordinance. The City Council hereby declares that it would have adopted the Sign Ordinance in
each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases be declared invalid.
1400.04 Definitions.
The following words and terms, when used in this Sign Ordinance, shall have the following
meanings, unless the context clearly indicates otherwise:
Subd. 1.Abandoned sign. Any sign and/or its supporting sign structure which remains
without a message or whose display surface remains blank for a period of one (1)year or
more, or any sign which pertains to a time, event or purpose which no longer applies,
shall be deemed to have been abandoned. Signs applicable to a business temporarily
suspended because of a change in ownership or management of such business shall not
be deemed abandoned unless the property remains vacant for a period of one (1)year or
more. Any sign remaining after demolition of a principal structure shall be deemed to be
abandoned. Signs which are present because of being legally established non-
conforming signs or signs which have required a conditional use permit or a variance
shall also be subject to the definition of abandoned sign.
Subd. 2. Animated Sian. A sign which includes action or motion.
F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 2
Subd. 3. Awning. A roof-like cover, often of fabric,plastic, metal or glass designed and
intended for protection from the weather or as a decorative embellishment, and which
projects from a wall or roof of a structure primarily over a window, walk, or the like.
Any part of an awning which also projects over a door shall be counted as an awning.
Subd. 4. Awning Sign. A building sign or graphic printed on or in some fashion
attached directly to the awning material_
Subd. S. Balloon Sign. A sign consisting of a bag made of lightweight material
supported by helium, hot, or pressurized air which is greater than twenty-four(24) inches
in diameter.
Subd. 6. Billboard. A sign which directs attention to a business, community service or
entertainment not exclusively related to the premises where such sign is located (See
Subd. 39 of this Section).
Subd. 7. Building. Any structure used or intended for supporting or sheltering any use
or occupancy.
Subd. 8. Building Sign. Any sign attached or supported by any structure used or
intended for supporting or sheltering any use or occupancy.
Subd. 9. Business Frontage. The linear frontage of that portion of a building facing the
right-of-way and occupied by one separate business.
Subd. 10. Cabinet sign. Any wall sign that is not of channel or individually mounted
letter construction.
Subd. 11. Canopy. A permanent roof structure attached to and supported by the
building.
Subd. 12. Canop�Sign. Any sign that is part of or attached to a canopy and is based on
business frontage.
Subd. 13. Changeable Copy Sign. A sign, or a portion thereof, with characters, letters,
or illustrations that can be changed or rearranged without altering the face or the
surface of the sign. Changeable copy signs do not include signs upon which characters,
letters or illustrations change or rearrange only once in a 24-hour period.
Subd. 14. Commercial Speech. Speech advertising a business,profession, commodity,
service or entertainment.
Subd. 15. Directional Sign. An on-premises sign designed to guide or direct pedestrian
or vehicular traffic and a surface area not greater than five (S) square feet.
Subd. 16. Electric Sign. Any sign containing electric wiring but not including signs
illuminated by an exterior light source.
Subd. 17. Electronic Message Sign. Any sign that displays a message electronically
through the use of light emitting diodes (LED's).
F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 3
Subd. 18. Elevation. The view of the side,front, or rear of a given structure(s).
Subd. 19. Elevation Area. The area of all walls that face any lot line.
Subd. 20. Flay. Any fabric or similar lightweight material attached at one end of the
material, usually to a staff or pole, so as to allow movement of the material by
atmospheric changes and which contains distinctive colors,patterns, symbols, emblems,
insignia, or other symbolic devices.
Subd. 21. Flashing Sign. A directly or indirectly illuminated sign which exhibits
changing light or color effect by any means, so as to provide intermittent illumination
which includes the illusion of intermittent flashing light by means of animation. Also any
mode of lighting which resembles zooming, twinkling, or sparkling.
Subd. 22. Freestanding Sign. Any sign which has supporting framework that is placed
on, or anchored in, the ground and which is independent from any building or other
structure.
Subd. 23. Frontage. The line of contact of a property with the public right-of-way.
Subd. 24. Grade. Grade shall be construed to be the final ground elevation after
construction. Earth mounding criteria for landscaping and screening is not part of the
final grade for sign height computation.
Subd. 25. Ground Sign. Any freestanding sign with its sign face mounted on the ground
or mounted on a base at least as wide as the sign, that has no visibility between the
bottom of the sign and the base on which it is attached, and which has a total height not
exceeding eight(8)feet, with landscaping to enhance the appearance of the signage.
Subd. 26. Height of Sign. The height of the sign shall be computed as the vertical
distance measured from the base of the sign at grade to the top of the highest attached
component of the sign.
Subd. 27. Identification Sign. A sign which is a non-commercial sign but is limited to
the name, address, and number of a building, institution or person and to the activity
carried on in the building or institution or the occupation of the person.
Subd. 28. Illuminated Sign. A sign designed to give forth any artificial or reflected light,
either directly from a source connected with the sign or indirectly from an artificial
source, so shielded that no direct illumination from it is visible except on the sign and in
its immediate proximity .
Subd. 29. Interior Sign. A sign which is located within the interior of any building, or
within an enclosed lobby or court of any building.
Subd. 30. Issuing Authority. The City Manager or designee.
Subd. 31. Legally Established Non-Conforming Sign. Any sign and its support structure
lawfully erected prior to the effective date of this ordinance which fails to conform to the
F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 4
requirements of this ordinance. A sign which was erected in accordance with a variance
granted prior to the adoption of this ordinance and which does not comply with this
ordinance shall be deemed to be a legal non-conforming sign. A sign which was
unlawfully erected shall be deemed to be an illegal sign.
Subd. 32. Major Anchor. A single tenant in a shopping center that is at least 20% of the
total square footage and in excess of 50,000 square feet.
Subd. 33. Marquee. Any permanent roof-like structure projecting beyond a building or
extending along and projecting beyond the wall of that building, generally designed and
constructed to provide protection from the weather.
Subd. 34. Marquee Sian. Any building sign painted, mounted, constructed or attached in
any manner, on a marquee or made part of a marquee.
Subd. 35. Monument Sign. Any freestanding sign with its sign face mounted on the
ground or mounted on a base at least as wide as the sign and which has a height
exceeding eight (8)feet.
Subd. 36. Multiple Tenant Site. Any site which has more than one (1) tenant, and each
tenant has a separate ground level exterior public entrance.
Subd. 37. Non-Commercial Speech. Dissemination of messages not classified as
Commercial Speech which include, but are not limited to, messages concerning political,
religious, social, ideological, public service and informational topics.
Subd. 38. Of-Premise Sign. A commercial speech sign which directs the attention of the
public to a business, activity conducted, or product sold or offered at a location not on
the same premises where such business sign is located. For purposes of this sign
ordinance, easements and other appurtenances shall be considered to be outside such
platted parcel of land and any sign located or proposed to be located in an easement or
other appurtenance shall be considered an off-premise sign.
Subd. 39. On-Premise Messages. Identify or advertise an establishment,person, activity,
goods,products or services located on the premises where the sign is installed.
Subd. 40 Parapet(Wall). That portion of building wall that rises above the roof level.
Subd. 41. Pedestal. A foundation or base of a ground or monument sign which either
directly supports the signage or completely screens the supporting members of the sign.
Subd. 42. Person. An individual, firm, association, organization, partnership, trust, or
corporation.
Subd. 43. Portable Sign. Any sign which is manifestly designed to be transported,
including by trailer or on its own wheels, even though the wheels of such sign may be
removed and the remaining chassis or support is converted to another sign or attached
temporarily or permanently to the ground since this characteristic is based on the design
of such a sign.
F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 5
Subd. 44. Principal Building. The building in which the principal primary use of the lot
is conducted. Lots with multiple principal uses may have multiple principal buildings,
but storage buildings, garages, and other clearly accessory uses shall not be considered
principal buildings.
Subd. 45. Professional Building. Any multi-story building of 50,000 square feet or more
occupied by professional, service-oriented businesses, such as legal clinical or health
care-related retail or service establishments with parking provided on the tract of land
for use in common by patrons and occupants.
Subd. 46. ProjectingS, ign. Any sign which is affixed to a building or wall in such a
manner that its leading edge extends more than fifteen (15) inches beyond the surface or
such building or wall face.
Subd. 47. Property Owner. Legal owner of property as officially recorded by Hennepin
or Ramsey County.
Subd. 48. Public Notices. Official notices posted by public officers, employees or their
agents in the performance of their duties, or as directed by such officers, employees or
agents.
Subd. 49. Public Street Right-of-Way. The planned right-of--way for a public street.
Subd. 50. Pylon Sign. Any freestanding sign which has its supportive structures)
anchored in the ground, independent of any structure or object, and which has a sign face
elevated above ground level by pole(s) or beam(s) and with the area below the sign face
open.
Subd. 51. Residential District. Any district zoned for residential uses.
Subd. 52. Roo . The exterior surface and its supporting structure on the top of a building
or structure. The structural make-up of which conforms to the roof structures, roof
construction and roof covering sections of the Uniform Building Code.
Subd. 53. Roof line. The upper-most edge of the roof or in the case of an extended
facade or parapet, the upper-most height of said facade.
Subd. 54. Roof Sign. A Sign erected upon the roof or parapet of a building, the entire
face of which is situated above the roof level of the building to which it is attached, and
which is wholly or partially supported by the building.
Subd. 55. Rotating Sign. A sign or portion of a sign which turns about on an axis.
Subd. 56. Setback, Front. The minimum horizontal distance permitted between the
public right-of-way and a structure on the premises. In instances in which a property
fronts on more than one (1) street,front setbacks are required on all street frontages.
Subd. 57. Setback, Rear. The minimum horizontal distance permitted between the
property line opposite the principal street frontage and a structure on the premises.
F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 6
Subd. 58. Setback, Side. The minimum horizontal distance permitted between the side lot
line and a structure on the premises.
Subd. 59. Shimmering Signs. A sign which reflects an oscillating sometimes distorted
visual image.
Subd. 60. ShoppingCenter. Any shopping center as defined in Section 1635.05, Subd. 8.
Subd. 61. Sim. Any letter, word or symbol,poster,picture, statuary, reading matter or
representation in the nature of advertisement, announcement, message or visual
communication, whether painted,posted,printed, affixed or constructed, including all
associated brackets, braces, supports, wires and structures, which is displayed for
informational or communicative purposes.
Subd. 62. Sign Surface Area. The area in square feet of the sign including both sides
upon, against, or through which the message of the sign is exhibited.
Subd. 63. Sign Structure. Any structure including the supports, uprights, bracing and
framework which supports or is capable of supporting any sign.
Subd. 64. Site. A plot or parcel of land, or combination of contiguous lots or parcels of
land, which are intended, designated, and/or approved to function as an integrated unit.
Subd. 65. Street. A public highway, road, alley or thoroughfare.
Subd. 66. Stringy. A line of string, rope, cording, or an equivalent to which is attached
a number of pennants.
Subd. 67. Strip Mall. Any group of four or more occupant retail or service
establishments on one or more contiguous tracts of land in single ownership,
compromising 7,500 to 75,000 square feet of floor area with parking provided on the tract
or tracts of land for use in common by patrons.
Subd. 68. Suspended Sign. Any building sign that is suspended from the underside of a
horizontal plane surface and is connected to this surface.
Subd. 69. Total Site Signage. The maximum permitted combined area of all freestanding
and wall identification signs allowed on a specific property.
Subd. 70. Temporary Sign. Any sign,banner, pennant, valance or advertising display
constructed with light materials with or without frames intended to be displayed for a
limited time only.
Subd. 71. Visible. Capable of being seen by a person of normal visual acuity (whether
legible or not) without visual aid.
Subd. 72. Wall. Any structure which defines the exterior boundaries or courts of a
building or structure and which has a slope of sixty (60) degrees or greater with the
horizontal plane.
F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 7
Subd. 73. Wall Sign. A flat sign which does not extend more than eighteen (18) inches
from the face or wall of the building upon which it is affixed, painted or attached, running
parallel for its whole length to the face or wall of the building, and which does not extend
beyond the horizontal width of such building.
Subd. 74. Window Sign. Any sign,pictures, symbol, or combination thereof, designed to
communicate information about an activity, business, commodity, event, sale, or service,
that is placed inside a window or upon the windowpanes or glass and is visible from the
exterior of the window.
1400.05. Application.
Subd. 1. Conformity. No sign may be erected, placed, altered or moved unless in
conformity with this Chapter.
Subd. 2. Other Code Provisions. Nothing in this Chapter may be taken to relieve any
person from complying with the provisions of any other Chapter of the City Code.
1400.06. General Requirements.
Subd. 1. Sign Permit Not Required. The changing of the advertising message of a
painted or printed sign, theater marquee or a changeable copy sign, and the painting,
repainting and cleaning of signs will not require a sign permit, but will otherwise be done
in compliance with this Chapter and any other applicable law or Section of this Code.
Subd. 2. Hazard and Hazardous Signs. No sign may by reason of its location, color, or
intensity, create a hazard to the safe and efficient movement of vehicles or pedestrian
traffic. No sign may contain words which might be construed as traffic controls, such as
"Stop", "Caution", "Warning", or otherwise resemble any official marker erected by a
governmental body or agency, unless such sign is a directional sign. Any sign, signal,
marking or device which purports to be or is an imitation of or resembles any official
traffic control device or railroad sign or signal, or emergency vehicle signal, or which
attempts to direct the movement of traffic or which hides from view or interferes with the
effectiveness of any official traffic-control device or any railroad sign or signal.
Subd. 3. Framework of Signs. When possible, the framework for the lateral support of a
sign must be contained within the sign's body or within the structure of the building to
which it is attached so as not to be visible. The area within the framework of a sign shall
be used to calculate the square footage except that the width of a frame exceeding 12
inches shall constitute sign face, and if such letters or graphics be mounted directly on a
wall,fascia or awning or in such way as to be without a frame the dimensions for
calculating the square footage shall be the area extending six inches beyond the
periphery formed around such letters or graphics in a plane figure bounded by straight
lines connecting the outermost points thereof. Each surface utilized to display a message
or to attract attention shall be measured as a separate sign and shall be calculated in the
overall square footage. Symbols,flags,pictures, wording,figures or other forms of
graphics painted on or attached to windows, walls, awnings or free-standing structures
are considered a sign and are included in calculating the overall square footage.
F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 8
Subd. 4. Placement of Sims. No sign, or attachment to it, may be erected, placed or
maintained by any person on rocks, fences, or trees, nor in such a manner as to interfere
with any electric lights, power, telephone or telegraph wires, or the supports thereof.
Subd. 5. Maintenance. All signs, together with all of their supports, braces, guys and
anchors, must be kept neatly painted and posted. Every sign must be maintained by the
owner or person in charge of the sign in a clean, safe, sanitary, and inoffensive condition
and free of litter, rubbish, and weeds.
Subd. 6. Inspections. All signs for which a permit is required may be inspected by the
City Manager, and a permanent record, including photographs,may be maintained. The
City Manager or the City Manager's designated representative may, after notice to the
owner, enter upon any property to ascertain whether the provisions of this Chapter are
being complied with. The City Manager may order the removal of any sign that is not
maintained in accordance with this Chapter. In addition, the following inspections will
be made:
(1) All signs requiring footings must be inspected to insure that suitable
footings as determined by the City Building Inspector in accordance
with appropriate building codes have been used. Footing inspections
will be required for all ground signs and pylon signs before these signs
are installed.
(2) Electrical signs must be installed in accordance with the current
electrical code and a separate permit from the building official must be
obtained prior to installation. Inspections will be required for any
electric sign.
Subd. 7. Illumination. External illumination for signs shall be so constructed and
maintained that the source of light is not visible from the public right-of-way or
residential property.
Subd. 8. Non-Commercial Speech. Notwithstanding any other provisions of this sign
ordinance, all signs of any size containing Non-Commercial Speech may be posted from
August 1 in any general election year until ten (10) days following the general election
and thirteen (13) weeks prior to any special election until ten (10) days,following the
special election.
1400.07 Prohibited Signs. In addition to the signs listed below, signs that are not specifically
permitted in this Chapter are hereby prohibited. Without restricting or limiting the generality of the
provisions of the foregoing, the following signs are specifically unauthorized and therefore
prohibited:
Subd. 1. Balcony Signs. Balcony signs and signs mounted or supported on a balcony.
Subd. 2. Obstructing Signs. Any sign that obstructs any part of a doorway or fire escape.
Subd. 3. Exterior Signs. Signs, including those intended for viewing only from the interior of
a building but which can reasonably be viewed from exterior of the building, which by reason
F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 9
of position, shape, color, or any other characteristic would interfere with the proper function
of a traffic sign or signal, or otherwise constitute a traffic or safety hazard.
Subd. 4. Signs within the Public Right-of-way or Public Easement.
Subd. 5. Whirling Devices.
Subd. 6. Signs on Glass Doors. Signs on glass doors which have a total sign surface area
exceeding 20% of the glass area of the door. .
Subd. 7. Signs Near Lots. Signs other than wall signs which have any surface area or
structural member closer than ten (10) feet to a side lot line.
Subd. 8. Signs Near Property Lines. Signs which project beyond the property line of the
property upon which the sign is located.
Subd. 9. Signs Near Roofs. Signs projecting more thanfive (S) feet above the roof line of
the structure to which it is affixed.
Subd. 10. Advertising Signs. Signs intended to be for the purpose of advertising in R-1,
R-IA, R-2, R-3 and R4 districts, including those intended for viewing only from the
interior of a building but which can reasonably be viewed from the exterior of the
building.
Subd. 11. Signs on Walls. Wall signs having a sign surface area exceeding fifteen (IS)
percent of the area of the wall surface to which it is affixed.
Subd. 12. Projecting Signs. Signs constructed so that the message or communication is
not flat against the sign structure.
Subd. 13. Signs Affixed to Utility Poles and Fences. Signs painted, attached or in any
other manner affixed to trees, rocks, or similar natural surfaces, or attached to utility
poles, bridges, towers,fences or similar public structures.
Subd. 14. Emitting Signs. Signs which emit sound, odor or visible matter.
Subd. 15. Animated Signs.
Subd. 16. Flashing Signs. Flashing signs except any portion giving time, temperature or
weather.
Subd. 17. Signs Attached to a Vehicle. Vehicles with incorporated or attached signage
parked primarily for use as a sign shall not be parked in any zone for more than seventy-
two (72) hours.
Subd. 18. Billboards.
Subd. 19. Signs on Bus Shelters. All types of signs except for bus schedules and
identification information.
F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 10
Subd. 20. Electronic Message Signs. Electronic message or changeable copy signs
except public service signs in the Recreational Open Space District located on property
that is owned by the City or Independent School District No. 282.
Subd. 21. Off-premise signs.
Subd. 22. Portable signs.
1400.08 Signs Requiring No Permits. The following signs shall not require a permit,if they
meet all other requirements of this Chapter. These exemptions, however, shall not be construed
as relieving the owner of the sign from the responsibility of its erection and maintenance, and its
compliance with the provisions of this ordinance or any other law or ordinance regulating the
same.
Subd. 1. Changing Display Surface. The changing of the display surface on a painted or
printed sign only. This exemption, however, shall apply only to poster replacement
and/or on-site changes involving sign painting elsewhere than directly on a building.
Subd. 2. Signs six()square feet or less in size.
Subd. 3. Window Signs. Temporary or permanent window signs duly authorized by
zoning and other laws of this City, provided that all such signs on a frontage shall not
have a total sign surface area greater than fifty (50)percent of the glass area, excluding
doors, on such frontage and provided that a minimum of one-half(1/2) of the open
window space must be below a horizontal line which is five (S) feet above the interior
floor of the commercial establishment. Merchandise displays in windows shall not be
considered a part of the sign area if such display is not intended to be continued for a
period of more than eight (8) weeks.
Subd. 4. Directional Signs.
Subd. S. Sijzns Affixed on Benches at Public Bus Stops.
Subd. 6. Replacement of Existing Commercial Identification Signs. A commercial
identification sign designed to replace an existing commercial identification sign which
lawfully exists under this Code, so long as the new sign has the same dimensions and is
in the same location as the existing sign, and is not a prohibited sign under Section
1400.07.
Subd. 7. Temporary Commercial Signs. Commercial signs that do not have a sign
surface area in excess of thirty-two (32) square feet and which are erected or displayed
for a period of time not to exceed thirty (30) days in any year. Permission of the City
Manager must be obtained to erect such signs. If prior permission is not obtained from
the City Manager, the sign must be removed immediately.
Subd. 8. Construction Signs. Signs denoting the architect, engineer or contractor when
placed upon work under construction, provided that the total sign surface area of all such
signs does not exceed the greater of twelve (12) square feet or a ratio of one (1) square
foot of sign surface per one hundred(100) square feet of floor space in the construction
F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 11
project,up to a maximum of thirty-two (32)square feet. Staff suggests this be in
requiring permit signs
Subd. 9. On-Site Temporary Subdivision Signs. One (1)on-site temporary sign
advertising a group of lots for sale within a subdivision or group of houses for sale
within a housing project,provided that the total area of such sign shall not exceed sixty-
four(64)square feet with no single dimension in excess of sixteen (16)feet. The display
of such sign shall be limited to a six (6)-month time period. At the expiration of such
period, the applicant may request a further extension of time, otherwise the sign must be
removed. . Staff suggests this be in requiring_permit signs
1400.09 Signs is Requiring Permits.
Subd. 1 Permits Required. No sign shall be erected, constructed, altered, reconstructed,
maintained or moved in the City without first securing a permit from the City, other than
those described in Section 1400.08. The content of the sign shall not be reviewed or
considered in determining whether to approve or deny a sign permit.
Subd. 2. Permit Fees. A sign permit fee must be paid in accordance with Section 615.
Subd. 3. Application for a Permit. Application for a permit shall be in writing on forms
provided by the City and must be accompanied by a sign permit.fee. The application
shall contain the following information:
(1) Names and addresses of the owners of the display structure and property.
(2) The address at which any signs are to be erected or modified.
(3) The lot, block and addition at which the signs are to be erected and the street on
which they are to front.
(4) A complete set of plans showing the necessary elevations, distances, dimensions
to fully and clearly represent the construction and the placement of the signs,
including dimensions of the wall surface of the building to which it is to be
attached and linear footage of the right-of-way.frontage of the building.
(5) The cost of the sign.
(6) Type of sign (i.e. wall sign, monument sign) and if the sign is to be illuminated,
the technical means by which this is to be accomplished.
(7) Certification by applicant indicating the application complies with all
requirements of the sign ordinance.
(8) If the proposed sign is along a county road or state trunk highway, the
application shall be accompanied by proof that the applicant has obtained a
permit from the county or state for the sign
(9) Where a shopping center comprehensive sign plan is proposed, the plan must
include the location, size, height, color lighting and orientation of all signs.
F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 12
(10) When a ground sign plan is submitted, the plan must include the location of the
sign in relation to the lot lines and the building height, including any difference
from the established grade,grade level, dimensions of the berm, size, color,
lighting and hours of illumination.
Subd. 4. Permit Issuance.
(1) Each application must be reviewed for compliance by the City Manager or
designee.
(2) If the proposed sign complies with this Chapter, a permit will be issued within
thirty (30) days after the application date.
(3) A sign permit will become null and void if the work for which the permit was
issued has not been completed within one (1) year of issuance, or renewed.
Application for renewal will consist of the same procedures as the initial
application for permit, including payment of any fee.
Subd. 5. Shopping Centers/strip Mall/Professional Building Comprehensive Sign Plan.
A comprehensive sign plan must be provided for the whole of a shopping center, strip
mall, or professional building development. This plan includes the location, size, height,
color, lighting and orientation of all signs, and must be submitted for preliminary plan
approval. When a comprehensive sign plan is submitted, exceptions to the regulations of
this Chapter may be permitted if the sign areas and densities for the plan as a whole are in
conformity with the intent of this Chapter and if such exception results in an improved
relationship between the various parts of the sign plan as determined by the City Council.
Comprehensive sign plans will be reviewed by the City Planning Commission which will
forward a recommendation to the Council on the appropriateness of the proposed sign
plan.
1400.10 Ground Signs. Ground signs are permitted in all districts but only to the extent
permitted in this Section and in the District Schedules set forth in Section 1400.12
Subd. 1. Permit Application. A permit shall be applied for in accordance with Section
1400.09.
Subd. 2. Height. A sign must not exceed eight(8) feet in height, including pedestal and
any berming.
Subd. 3. Surface Area:
(1) Signs having one (1) copy surface may have up to thirty-four(34) square
feet of surface area.
(2) Signs having two (2) or more copy surfaces may have up to sixty-eight
(68) square feet for all surfaces.
F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 13
(3) Buildings with two (2) or more businesses/tenants shall be allowed an
additional twelve (12) square feet for two (2) or more copy surfaces, for a
total of eighty (80) square feet.
Subd. 4. Landscaping. Ground signs must be landscaped. Landscaping may consist of
shrubs, plants, rocks, or other decorative materials located around the pedestal.
Subd. 5. Design and Location:
(1) Signs must maximize the use of natural materials in construction and
should conform to the material design of the principal structure.
(2) Signs must be located at least f fteen (15)feet from the curb line of any
public street and cannot be placed within any street right-of-way or
government easement.
(3) The pedestal width of a ground sign must be at least equal to the sign
width.
(4) The principal structure of a parcel of land will be allowed one ground sign,
regardless of the number of tenants in the structure.
1400.11 Wall Signs. The sign surface area of a wall sign may not exceed fifteen (15)percent
of the area of the wall to which it is applied.
1400.12 District Schedules. Signs shall be permitted as set forth in the following provisions:
Subd. 1. Residential. The following signs are permitted in a residential district:
(1) R-1, R-1 A, and R-2.
a. One (1) identification sign per dwelling unit per right-of-way
frontage stating the street address, and/or the name of the resident.
One (1) address sign may also be located on the curb in front of
each dwelling unit or on a freestanding mailbox.
b. Only one (1) non-commercial sign with a maximum sign area of
six(6)square feet per surface with a total area of twelve (12)
square feet all sign area surfaces will be permitted per lot. Signs
may not have any surface area or structural member closer than
ten (10)feet to a side lot line or sited in a public right-of-way or
public easement.
C. The following types of signs are not permitted in residential zoning
districts:
i. Awning signs
ii. Balloon signs
iii. Canopy signs
F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 14
iv. Flashing signs
V. Marquee signs
Vi. Pole signs
Vii. Pylon signs
Viii. Shimmering signs
(2) R-3 and R-4. Each multiple dwelling complex (nine (9) or more units)
allowed one freestanding sign identifying the complex. The sign may not
exceed fifty (50) square feet in sign surface area. The sign structure,
including the sign surface area, may not exceed one hundred-fifty (150)
square feet in area. The highest point of the sign may not be more than ten
(10) feet above ground level.
(3) Each church, temple, or synagogue located within the corporate limits of
this City, subject to approval of size, location and type by the City
Manager, may construct and maintain a maximum of three (3) directional
signs on municipal rights-of-way. Not more than one (1)such sign may be
installed or maintained at any intersection.
(4) Each of the following may installed and maintain one (1) ground sign
subject to the provisions of Section 1400.01 on the property to which the
sign pertains:
(a) Schools and publicly owned facilities listed in Section 1615.02(b)
and (c); and Section 1616.02(b) and (c).
(b) Churches, temples, synagogues, and City buildings listed in
Section 1615.03(a) and (c); and Section 1616.03(b).
Subd. 2. Commercial and Limited Business. The following signs are allowed in a"B"
Service Office Limited Business District and "C" Commercial Districts and may be
installed after obtaining a permit and paying a required license fee.
(1) One (1) identification sign per right-of-way frontage per commercial
establishment. The sign may have no more than two (2) square feet of
surface area per lineal foot of business frontage, up to a maximum of one
hundred fifty(150) square feet. The total area of all wall signs affixed to a
wall may not exceed fifteen (15)percent of the total area of that wall.
(2) A gasoline station will be allowed, in addition to all other authorized
signs, one (1) pylon sign to identify the gasoline brand.
This sign may not exceed thirty (30) feet in height, and must have a
minimum clearance of eight(8) from the basic grade level to the lowest
element of the sign surface and may not exceed one hundred-fifty (150)
F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 15
square feet in sign surface area. Such an establishment will be allowed
one (1)price sign for each frontage having a curb cut. Such a freestanding
sign will be in addition to those signs allowed in paragraph one (1)of this
Subdivision.
(3) Upon submittal of a comprehensive sign plan, and subject to approval of
the City Council, a shopping center over seventy-five thousand(75,000)
square feet may have major anchor/tenant ground sign(s) depending upon
the number of major anchors. The total sign area shall not exceed three
hundred(300) square feet.
(4) Upon submittal of a comprehensive sign plan, and subject to approval of
the City Council, a shopping center over seventy-five thousand(75,000)
square feet may be allowed additional wall signs for commercial
establishments that need additional exposure from different vantage
points. The number of additional wall signs will not exceed one-half(1/2)
the total number of commercial establishments and will be allowed a
surface sign area of one-half(112) of that which is allowed.
(5) A commercial establishment located within a shopping center, having no
outside frontage, will be allowed a surface sign area of one-half(112)of
that which it would be allowed if it had outside frontage.
(6) Commercial establishments will be allowed, in addition to all other
authorized signs, one (1)historical identification symbol, not exceeding
five (5) square feet in sign surface area.
(7) Subject to approval of the City Council, and as a conditional use, a movie
theater may have a marquee. The total sign area for a marquee sign shall
not exceed two hundred(200) square feet.
(8) Subject to approval of the City Council, and submittal of a comprehensive
sign plan, a strip mall under seventy-five thousand(75,000) square feet
and a shopping center over seventy-five thousand(75,000) square feet,
may be allowed a ground sign with a surface sign area not to exceed one
hundred-fifty (150) square feet.
(9) Upon submittal of a comprehensive sign plan, and subject to approval of
the City Council, a major anchor/tenant over fifty thousand(50,000)
square feet in a shopping center over seventy-five thousand(75,000)
square feet may have a wall sign that is up to four (4) times the sign
surface area of which is allowed for other commercial establishments.
(10) Subject to approval of the City Manager, a searchlight is permitted for a
special event.
Subd. 3. Light Industrial. The following signs are permitted in a Light Industrial District
and may be installed after obtaining a permit and paying required license fee.
F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 16
(1) One business or identification canopy or wall sign per right-of-way
frontage as regulated in Subsection 1400.12, Subd. 2 (1) and one
freestanding sign as regulated and permitted in Subsection 1400.10.
(2) In a district zoned for light industrial businesses, signs containing one (1)
square foot for every one hundred(100) square feet of ground floor space
will be allowed up to a total sign surface area of one hundred-fifty (150)
square feet.
Subd. 4. Recreational Open Space. The following signs are permitted in a Recreational
Open Space District and may be constructed after obtaining a permit and paying the
required license fee.
(1) Subject to approval of the City Council, only ground and wall signs are
allowed in this district. The ground sign may have a sign surface area not
to exceed one hundred-fifty (150) square feet.
(2) Subject to the approval of the City Council, and as a conditional use,
electronic message signs are allowed in this district. The procedures
contained in Section 1605.04, shall apply to the issuance of a conditional
use permit for an electronic message sign. The conditions with respect to
the issuance of any conditional use permit for an electronic message sign
shall cover at least the following:
a. The sign shall not be permitted to flash or contain any animation.
b. The hours of operation of the sign; provided, that in no event shall the
sign be permitted to be operated between the hours of 10:00 PM and
6:00 AM.
C. The message changeability shall be limited to the minimum amount
of changes required to accomplish the purpose of the sign.
d. Aesthetics of sign, including, but not limited to,message color, size
of message board and sign, construction materials and landscaping.
e. Location of sign with regard to surrounding area.
f. Sign may only be used to promote items of general interest to
community.
1400.13 Adjustments and Appeals.
Subd. 1. Composition. The commission of adjustments and appeals will be comprised of all
of the members of the Planning Commission.
Subd. 2. Powers and Duties. The commission will hear and make recommendations to the
Council regarding:
F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 17
(1) Appeals where it is alleged that there is an error in any order, requirement,
decision or determination made by an administrative officer in the enforcement of
this Chapter.
(2)Petitions for variances from the literal provisions of ordinances in instances where
their strict enforcement would cause hardship because of circumstances unique to the
individual property under consideration. The commission may recommend the
granting of such variances only when it appears upon evidence presented that:
a. The granting of the variance will not be detrimental to the other
property in the neighborhood or City; and
b. A particular hardship to the applicant would result if the strict letter
of the regulations are adhered to; or
C. The conditions upon which the application for a variance is based are
unique to the sign or to the parcel of land for which the variance is
sought and are not applicable, generally, to other property within the
same land use classification.
1400.14 Variances.
Subd. 1. Variances Granted. Variances may be granted by the City Council after a public
hearing is held by the Planning Commission and a recommendation is made to the City
Council. Notices will be given, and a public hearing will be held, in the manner provided in
Subsection 1670.06. The installation of sign(s) must take place within one (1) year after a
variance has been granted by the City Council.
Subd. 2. Majority Vote. A majority affirmative vote of the City Council members present is
required to approve a variance.
Subd. 3. Fee. An application for a variance must be accompanied by the fee provided in
Section 615.
1400.15 Non-ConformingSignns.
Subd. 1. Legal Conforming. All signs existing as of January 1, 2009 conforming to the
requirements of this Chapter and not requiring a permit under the provisions of this Chapter,
may be maintained so long as they continue to comply with the provisions of this Chapter, as
it may from time to time be amended.
Subd. 2. Legal Non-Conforming_Signs. All signs existing as of January 1, 2009,which
would be prohibited by this Chapter, or which would require a permit under this Chapter but
have not received a permit,will be deemed to be legal non-conforming signs. Legal non-
conforming signs may continue to exist without a permit and without constituting a violation
of this Chapter until one or more of the following occurs:
(1) The sign is structurally altered (except for normal maintenance) in a way
which makes the sign less in compliance with this Chapter than it was before
the alteration.
F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 18
(2) The sign is relocated to a position making it less in compliance with this
Chapter than it was before the relocation.
(3) The sign is replaced.
(4) Any new primary sign is constructed or placed in connection with the
enterprise using the legal non-conforming sign.
1400.16 Enforcement. If a sign is in violation of this Chapter,or is in danger of falling, or is
otherwise a menace to the safety of persons or property, the City manager may give to the owner of
the property on which the sign is located, written notice specifying the violation, ordering the
cessation to the violation and requiring either the removal of the sign or remedial work in the time
and manner specified in the notice. In the event of failure to comply with the notice within thirty
(30) days, the City manager may remove the sign or cause such remedial work to be done. The cost
of the work performed by the City must be paid to the City by the owner of the property on which
the sign is located . If payment is not made within thirty(30) days after a statement for such costs is
sent to the owner, the costs may be assessed against the property by certifying the costs to the County
Treasurer for collection in the same manner as real estate taxes. If a sign which has been removed is
not reclaimed and costs paid within thirty (30)days after its removal, the sign may be sold or
otherwise disposed of by the City. If a sign is found to be an immediate danger to the public because
of its unsafe condition, it may be removed without notice, and written notice of removal and reasons
for the removal will be given to the property owner of the property on which the sign is located as
soon as possible.
1400.17 Retroactive Affect. This sign ordinance shall apply to all sign applications applied for
and/or pending prior to its enactment.
F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 19