HomeMy WebLinkAboutCC WORKSESSION 01292008City of St. Anthony
Work Session
Agenda
January 29, 2008
Following Joint Meeting with School Board
1. Call to Order.
2. Johnson Controls Report
3. Fire Code - John Malenick, Fire Chief & Don Drusch, Asst. Fire Chief
I Housing Code Ordinance - John Malenick, Fire Chief
5. Sign Ordinance - Kim Moore Sykes, Assistant City Manager
6. Other Business.
7. Adjourn.
Johnson Controls
City of St. Anthony
Building Improvement (BIM) Summary Table
Project Selection Worksheet
Benefit
Annual Funding
Project Costs
x
�
x
$9,202
$486
N
U
N
y
$130,595
x
CH 2
12,24
HVAC S stems and Controls Replacement
x
x
$15,903
$9,939
U
A
$10,430
Utility Savings
O &M Savings
Total Savings
Total Cost of
Estimated
Net Project
x
x
$199
$0
$199
D
$0
$2,920
x
CH 4
Improvements
Utility Rebate
Balance
x
x
Report
$1,270)
$0
($1,270)
t
w
v _
$58,688
x
CH 5
25
Backup Generator Addition (City Hall & Water Treatment)
x
x
BIM a
Page #
Building Improvement Measure (BIM) Description
$0
$10,400
q
$0
$424,710
x
CH 6
16
Security System Upgrade
Oltems included in the Project
City Hall- City Wide
x
CH 1
7
Electrical System Improvements / Retrofit- Lighting and Vending
x
x
x
$9,202
$486
$9,689
$137,924
$7,329
$130,595
x
CH 2
12,24
HVAC S stems and Controls Replacement
x
x
$15,903
$9,939
$25,841
$836,047
$10,430
$825,617
x
CH 3
15
Building Envelope - Air Infiltration Reduction
x
x
x
$199
$0
$199
$2,920
$0
$2,920
x
CH 4
18
Police - Ventilation and Cooling Upgrades
x
x
x
$1,270)
$0
($1,270)
$58,688
$0
$58,688
x
CH 5
25
Backup Generator Addition (City Hall & Water Treatment)
x
x
x
$10,400
$0
$10,400
$424,710
$0
$424,710
x
CH 6
16
Security System Upgrade
x
$0
$0
$0
$96,522
$0
$96,522
x
CH 7a
27
Modified Built up Roof - 30 year warranty
x
x
$274
$2,703
$2,703
$594,298
$0
$594,298
CH 7b
27
Modified Built u Roof - 30 year warranty w/ Partial Green Roof
x
x
x
$801
$2,703
$3,103
$746,480
$0
$746,480
x
CH 8
16
Fire Alarm S stem U grade
x
x
x
x
$455
$982
$982
$37,843
$0
$37,843
x
CH 9
19
Facili Performance Indexin (FPI)
x
$0
$0
$800
$5,414
$0
$5,414
x
CH 10
7
Ball Fields Timer
x
N$400
$0
$147
$2,568
$0
$2,568
CH 11
29
Wind Turbine Addition
x
x
$0
$0
$1,658
$170,883
$0
$170,883
Building Total- All Selected Projects $3,276 $1,459 $4,735 $115,341 $2,900 $112,441
CH12
7
Parkin LotLi hts
x
$0
($1,707)
$82,086
$0
$82,086
x
CH 13
Project Develo ment A reement Costs
$0
$0
$15,500
$0
$15,500
x
CH 14
Measurement and Verification Initial Setup
P
$0
$0
$0
$10,032
$0
$10,032
CH 15
Planned Service Agreement (PSA): Basic
$0
$1,025
$1,025
$0
$0
$0
Building Total - All Selected Projects $35,381 $14,110 $49,491 $2,222,466 517,759 $2,204,707
Fire Station
•
FS 1
7
Lighting System Improvements / Retrofit
x
x
x
$693
$294
$987
$27,875
$2,500
$25,375
•
FS
9
Building Automation - Control Enhancements
x
$1,790
$140
$1,930
$11,562
$0
$11,562
•
FS 3
15
Building Envelope - Air Infiltration Reduction
x
x
x
$230
$0
$230
$6,079
$0
$6,079
•
FS 4
23
Ventilation Enhancements - Dorm Heating and Gear Room
x
x
$342
$825
$1,167
$30,263
$400
$29,863
•
FS 5
24
Hail and Cotton Wood Guards for AHU
x
x
$222
$200
$422
$4,380
$0
$4,380
•
FS 6
16
Security Upgrade / Installation
x
$0
$0
$0
$28,178
$0
$28,178
FS 7
9
Destratification Fans Replacement
x
$274
$0
$274
$8,804
$0
$8,804
FS 8
15
Gara a Door- Window Elimination
x
$801
$0
$801
$19,504
$0
$19,504
FS 9
30
Solar Domestic Water Heater
x
x
$455
$0
$455
$40,134
$0
$40,134
•
FS 10
Project Develo ment Agreement Costs
$0
$0
$0
$4,250
$0
$4,250
•
FS 12
Measurement and Verification Setup
$0
$0
$0
$2,754
$0
$2,754
FS 13
Planned Service Agreement (PS A): Basic
$0
$0
$0
$0
$0
$0
Building Total- All Selected Projects $3,276 $1,459 $4,735 $115,341 $2,900 $112,441
Johnson Controls Confidential 01/22/2008 Page 1 of 2
City of St. Anthony
Building Improvement (BIM) Summary Table
Project Selection Worksheet
Benefit
Annual Funding
Project Costs
s
$3,594
$1,155
$4,749
U
C
$3,246
$64,978
•
PW 2
16
Security Upgrade / Installation
x
V)
x
$0
$0
U
a
$0
Utility Savings
O &M Savings
Total Savings
Total Cost of
Estimated
Net Project
x
$117
$100
$217
$2,190
$0
$2,190
•
PW 4
Improvements
Utility Rebate
Balance
a
x
Report
$0
$0
$0
$2,000
$0
$2,000
•
PW 5
22
Measurement and Verification Setup
s
B----- IM A.
--#
Page #
Building Improvement Measure (BIM) Description
$0
$0
p
$0
$1,511
•
PW 6
25
Planned Service Agreement PSA): Basic
x
Public Works
•
PW 1
7, 9, 11
Lighting System Improvements / Retrofit- Building Controls
s
$3,594
$1,155
$4,749
$68,224
$3,246
$64,978
•
PW 2
16
Security Upgrade / Installation
x
x
x
$0
$0
$0
$41,705
$0
$41,705
•
PW 3
24
Hail and Cotton Wood Guards for AHU
x
x
$117
$100
$217
$2,190
$0
$2,190
•
PW 4
22
Project Development Agreement Costs
x
x
x
$0
$0
$0
$2,000
$0
$2,000
•
PW 5
22
Measurement and Verification Setup
s
x
$0
$0
$0
$1,511
$0
$1,511
•
PW 6
25
Planned Service Agreement PSA): Basic
x
x
$0
$0
$0
$0
$0
$0
Building Total - All Selected Projects $3,711 $1,255 $4,966 $115,630 $3,246 $112,384
Liquor Stores
•
LS 1
7
Lighting System Improvements / Retrofit (Both)
x
$1,906
$197
$2,103
$21,639
$606
$21,033
•
LS 2
9,16
Building Automation System - Control Enhancements / Fire Alarm Fix /
Recommissioning (Both)
x
x
$3,607
$358
$3,965
$25,297
$0
$25,297
•
LS 3
22
Storage Area Insulation and Heating Upgrade (Both)
x
x
$93
$0
$93
$37,699
$0
$37,699
•
LS4
22
Domestic Water Recirculation Line (North) and Tankless Water Heaters (Both
Stores)
x
x
x
($12)
$0
($12)
$22,421
$0
$22,421
•
LS 5
22
Cooler Condenser Replacement (North)
s
x
$1,234
$2,328
$3,562
$20,818
$300
$20,518
•
LS 6
25
Project Develo ment A eement Costs
x
x
$0
$0
$0
$2,250
$0
$2,250
x
7
LS
Measurement and Verification Setup
$0
$0
$0
$2,285
$0
$2,285
x
8
Planned Service Agreement (PSA): Basic
$0
$0 1
$01
$0
I $0
1 $0
Building Total - All Selected Projects $6,828 $2,882 $9,710 $132,409 $906 $131,503
Water Facilities
•
WP
1 26
Power Factor Correction
x
$1,571
$0
$1,571
$11,680
$0
$11,680
WP 2
21
U aded Process Controls - Water Treatment
x
$0
$2,900
$2,900
$146,000
$0
$146,000
WP 3a
27
Modified Built up Roof - 30 year warranty
x
$0
$0
$0
$251,874
$0
$251,874
WP 3b
27
Green Roof on Water Tank (2008 Reuse Program)
x
x
$0
$0
$0
$503,748
$0
$503,748
WP 4
25
Back up Generator on Well 4
x
x
$2,700
$0
$2,700
$240,500
$0
$240,500
WP
25
Back up Generator on Well
x
x
$3,150
$0
$3,150
$240,500
$0
$240,500
•
WP 6
Project Development Agreement Costs
$0
$0
$0
$1,000
$0
$1,000
x
WP 7
Measurement and Verification Setup
$0
$0
$0
$268
$0
$268
Building Total - All Selected Projects $1,571 $0 $1,571 $12,948 $0 $12,948
Grand Total All Selected
$70,473 $2,598,794
Johnson Controls Confidential 01/22/2008 Paget of
Payment matches project funding and capital remains the same SAMPLE 15 YEAR
Guaranteed Enerf v Savings Proiect
Capital Expenditures $2,598,794
Total Project Business Case Analysis
City of St. Anthony
Financing Terms
Financing Term (years)
Pro'ects
15
HVAC Services $0 Actual Interest Rate 4.00%
Measurement & Verification (M &V) $2,853 Year 1 -15 Principal $2,573,983
FPI Services $4,868 Year 1 -5
Average Annual P &I Payments $230,964
Funding
Utility Savings $50,767
Operational Savings $19,706
Estimated Utility Rebate $24,811
Owner Capital (Yearly) $118,449
Average ROI Over 15 Years 184%
Annual Inflation Rate (M &V)
3.0%
Annual Inflation Rate (Energy)
5.0%
Annual Inflation Rate (Operational Savings)
10.0%
15 Year Positive Cash Flow
$0
Owner Capital in Todays Dollars
$1,413,342
Fiscal
Year
Loan
Re- payment
' ' `= °"
M &V Total
Costs Debits
Energy
Savings
Operational
Savings
Project Funding
Misc. Owner Total
Rebates Capital Credits
1111111111grill of i rM0111
On
Budget
ative
Effect On
Budget
Implem
$0
$0
$0
$16,922
$6,569
$0
$0
$23,491
$23,491
$23,491
2009
$229,503
$7,721
$237,224
$50,767
$19,706
$24,811
$118,449
$213,733
($23,491)
$0
2010
$185,710
$7,721
$193,431
$53,306
1 $21,676
$0
$118,449
$193,431
$0
$0
2011
$190,311
$7,953
$198,264
$55,971
$23,844
$0
$118,449
$198,264
$0
$0
2012
$195,256
$8,191
$203,447
$58,770
$26,228
$0
$118,449
$203,447
$0
$0
2013
$200,571
$8,437
$209,008
$61,708
$28,851
$0
$118,449
$209,008
$0
$0
2014
$211,303
$3,676
$214,979
$64,794
$31,736
$0
$118,449
$214,979
$0
$0
2015
$217,606
$3,786
$221,392
$68,033
1 $34,910
$0
$118,449
$221,392
$0
$.0
2016
$224,385
$3,900
$228,285
$71,435
$38,401
$0
$118,449
$228,285
$0
$0
2017
$231,680
$4,017
$235,696
$75,007
$42,241
$0
$118,449
$235,696
$0
$0
2018
$239,533
$4,137
$243,671
$78,757
$46,465
$0
$118,449
$243,671
$0
$0
2019
$247,994
$4,262
$252,255
$82,695
$51,111
$0
$118,449
$252,255
$0
$0
2020
$257,112
$4,389
$261,501
$86,830
$56,223
$0
$118,449
$261,501
$0
$0
2021
$266,944
$4,521
$271,465
$91,171 1
$61,845
$0
$118,449
$271,465
$0
$0
2022
$277,551
$4,657
$282,208
$95,730
$68,029
$0
$118,449
$282,208
$0
$0
2023
$289,001
$4,796
$293,7971
$100,516
$74,832
$0
$118,449 1
$293,797
$0
$0
Total
$3,464,459
$82,164
$3,546,623
$1,112,411
$632,667
$24,811
$1,776,735
$3,546,623
$0
$0
Johnson Controls Confidential 01/22/2008 Page 1 of 1
Final Report-
Infrastructure & Ene
Savings Project
Prepared for
January 29`h, 2008
Submitted By:
Johnson
Controls
Madonna Rykken 4• Ellie Blankenship
Robert Krukoski •:• Clayton Dumcum
2605 Fernbrook Lane North Minneapolis, MN 55447
763- 566 -7650 www.johnsoncontrols.com
y Johnson �� ��
Controls
Table of Contents
I. Executive Summary ........................................................... ............................... 3
II. Guaranteed Energy Savings Process ................................. ............................... 4
III. Facility & Infrastructure Overview .................................... ............................... 6
IV. Utility Analysis /Operational Savings ............................... ............................... 32
PROPRIETARY INFORMATION
This information is proprietary of Johnson Controls, and is not to be distributed or shared with those
outside of the City of St. Anthony.
Page 2 City of St. Anthony Village
PRORP Performance Contract Analysis ETARY AND CONFIDENTIAL
NOT TO BE REPRODUCED OR OBTR BUTED WRHOUT JOHNSON CONTROLS PERMISSION
Executive Summary
Johnson 010
Controls
Johnson Controls is pleased to present to the City of St. Anthony Village the results of our
Infrastructure and Energy Savings Project which outlines the facility improvement measures to be
implemented through a performance -based contract. Resolution 07 -065 which approved the Project
Development Agreement was adopted on August 28, 2007. This action demonstrated the City's
interest in taking a proactive, energy - efficient and cost- conscience approach to mission critical
infrastructure improvements. At that time, we jointly agreed to develop a Business Case Analysis
that would identify the City's areas of greatest concern, overall project objectives and the future vs.
current financial merits of the total program. With the assistance of key City personnel, we have
completed our final assessment of the City of St. Anthony Village's facilities.
There are many different scenarios for the City of St. Anthony Village to consider. Each scenario
would include different improvement measures, different savings calculations, and different capital
contributions. The project goal has been to maximize the energy and operational savings city -wide in
order to address major capital and deferred maintenance concerns at City Hall. After many working
sessions with city staff we are presenting the following scenario as a starting point:
• A $2.6M project will be funded with first year energy and operational savings of $70K and
capital cost avoidance of $118K annually over a 15 year time period.
The project will generate energy and operational savings to help offset the 15 year operating lease
payment. These projects will address capital intensive issues at today's low interest rates by
reallocating planned funds each year. The return on investment is approximately 184 %. The savings
are a result of the use of new equipment and technology. In addition, by proactively implementing
the improvements in this project, the City will avoid future costs and unplanned capital expenditures
due to major equipment failures
By implementing the energy conservation measures identified in this report, the City of St. Anthony
will have a positive impact on the environment. Based on calculations from The Cleaner and
Greener by reducing the consumption of electricity and natural gas, the following
pollution emissions will be reduced by approximately:
• Greenhouse Gases (CO2) by 742,086 lbs.
• Nitrogen Oxides (NOx) by 1,877 lbs.
• Sulfur Dioxide (S02) by 1,922 lbs.
• Mercury (Hg) by 4,115 milligrams
Our program offers the City of St. Anthony Village a means to supplement the existing capital
improvement plan in order to address deferred maintenance concerns and complete capital projects in
the most energy efficient manner. The final combinations of projects need to meet the goals of the
City of St. Anthony Village. We are very excited to share the details of this project with the City
Council. We appreciate this opportunity and look forward to exceeding your expectations!
Page 3 City of St. Anthony Village
Performance Contract Analysis RPIE My NOT TO BE RERRODUCEO ORRDISTRIBUTED WWrNDUT JOHNSON CONTROLS RERMISS,q
M7Johnson *
Controls
II. Guaranteed Energy Savings Process
It is recommended that the City of St. Anthony enter into a contract for infrastructure improvement
measures to reduce energy consumption and operating costs. This type of contract is known as a
Guaranteed Energy Savings Contract or Performance -based Contract. As its name implies,
Performance Contracting is a performance- based, turnkey approach to implementing facility
improvement projects that generate savings from energy and operational costs.
Performance -based contracting eliminates risk in two ways. First, Johnson Controls establishes the
installation price for the entire project when the contract is signed. This will eliminate the common
practice of change orders on construction -type projects. Second, Johnson Controls guarantees that the
projected savings will occur. If the guaranteed savings are not realized, Johnson Controls will
reimburse the City of St. Anthony for the difference. This process ensures that there will be a
revenue stream to cover the costs of the projects.
Preliminary Analysis
The performance contracting process began with the preliminary investigation and analysis of the
City of St. Anthony's facilities and infrastructure with regards to energy usage, operational and
maintenance expenses and planned capital improvements. The purpose of the preliminary study was
to determine the viability of utilizing performance -based contracting to address concerns and to
improve operating efficiencies. The results of the preliminary survey verified that on a high level,
performance -based contracting could help the City of St. Anthony improve their infrastructure in a
budget neutral manner. Your decision to proceed with the Project Development Agreement (PDA)
was finalized when the City Council approved it on August 28, 2007.
Project Development Agreement — Customer Commitment
The Project Development Agreement outlined the projects that the City of St. Anthony wanted
Johnson Controls to evaluate from a lifecycle cost perspective. A detailed analysis of each facility
improvement measure has been completed and includes all costs associated with the development and
installation of each item, operational and energy savings as it relates to the item, and rebates
associated with that particular item. This analysis establishes an accurate assessment of the overall
projected budget impact. Our project development process is very detailed and specific to help the
City make informed decisions and also to minimize Johnson Controls' risk associated with the
performance guarantee. Our unique Business Case Analysis provides you with the opportunity to
select the best combination of improvements in order to meet your goals and address your challenges.
Contract Approval & Project Implementation
Once the Project is approved, the final agreement is signed. It includes a detailed scope of work,
timeframes, savings calculations, cash -flow analysis, guarantee methods and any ongoing services
requested by the City of St. Anthony. The installation will be done in a timely manner to realize
expense avoidance and generate additional savings as soon as possible.
Page 4 City Of St. Anthony Village
Performance Contract Analysis NO CONFIDENTM
NOT TO BE REPRODUCED OR OISTR BUrEO WITHOUT JOHNSON CONTROLS' PERMISSION
Johnson
Controls
Performance Assurance
As identified in legislation, Johnson Controls will financially guarantee the projects it implements;
thus, it is important for us to work closely with the City over the contract period. The contract will
include all the required services to ensure the guarantee is met. Through our results- oriented services,
we are able to track facility functions and work to maintain the most efficient operations while
maintaining and /or improving your level of comfort.
Project Approval Timeline
Step Action Date
1 Initial Department Head Review December 12, 2007
2 Final Department Head Review January 8, 2008
3 Council Working Session January 29, 2008
4 Council Approval February 13, 2008
Page 5 City of St. Anthony Village
Performance Contract Analysis
NOT TO BE REPRODUCED OR DISTRIBUTED WRHOUT JOHNSON CONTROLS' PERMISSION
Johnson
controls
III. Facility & Infrastructure Overview
Johnson Controls' professionals have spent considerable time in your buildings analyzing physical
building attributes, operational characteristics, mechanical systems and the overall environment.
Several City staff members have been interviewed and have made various recommendations. This
section summarizes the surveys, provides energy analysis results, and provides Johnson Controls'
recommendations. Items included in the $2.6M project are highlighted in yellow within each
Building Improvement Measure (BIM #) Summary.
The following facilities were evaluated:
1) City Hall
2) Fire Station
3) Public Works Facility
4) Water Treatment Plant
5) Liquor Stores —North and South
Page 6
RORPIE Performance Contract Analysis
NOT TO BE REPRODUCED OR DISTRIBUTED W TI OUT JOHNSON CONTROLS' PERMISSION
General Lightina Systems and Electrical Improvements
Johnsont
J�
Controls
Interior and Exterior Lighting Systems: The majority of the lighting systems throughout the City's
facilities are 32W T8 fluorescent systems. There are also several areas with T12 fluorescents,
incandescent and metal halides. For example, the high bay lighting in the Public Works facility and
the Fire Station have metal halides that are inefficient. Even though these buildings are only a few
years old, several of the lights need to be replaced and whole fixtures need to be repaired. The
lighting in the city council chambers are not designed around television production. The current
layout provides adequate lighting for spectators and reading material at the desk but does not provide
proper lighting for video.
Interior lighting will be replaced with more energy efficient lighting and
lighting levels will be improved. Existing 32W T8s will be replaced
with 25W T8s, and T12s will also be replaced with T8 lamps. A new
lighting layout for the Council chambers will provide the proper lighting
required for television production and will cut the energy usage in half.
Metal halide lights in high bay areas will be replaced with high bay
fluorescent lighting. We will also install occupancy sensors where
appropriate.
Exterior lights will be upgraded and lighting will be added to ensure higher efficiency and proper
lighting of the grounds. Lighting levels outside the fire station are improperly designed for the
existing structure.
Parking Lot Lighting: The parking lot between the city hall and fire station does not have any
lighting. This presents a hazard for night parking and is a security risk for people using the lot.
Johnson Controls proposes to install new lights around the perimeter of the lot.
Ball Field Lighting Controls: The main ball field lights often have the lights left on overnight which
wastes energy. A timer will be added to the ball field to control time of use and disable the lights at a
predetermined time.
Vending Machine Controls: Vending machines typically consume small
amounts of energy when compared to the entire facility. Johnson Controls
recommends using VendingMiser technology to turn off vending machines
during unoccupied periods. The cold vending machines will continue to
cycle power as needed to maintain product temperature, while minimizing
electrical energy consumption. This technology will also extend the life of
the compressors and has been approved by the two major bottling companies.
Page 7 City of St. Anthony Village
PRORP Performance Contract Analysis
NOT TO BE REPRODUCED ORDISTRIBUTE WTHOUTIOJ NSON CONTROLS 'PERMISSION
s
Johnson 41i
BIM # I General
CHI I City Hall
• Replace existing 32W bulbs with 25W bulbs throughout the facility
• Replace existing metal halide fixtures with high -bay fluorescent fixtures
• Replace police hallway lighting with proper lighting layout.
• Replace flush mounted lights in Interview Room
• Install dimmer switch and ballast in selected Police rooms.
• Provide occupancy sensors where applicable.
• Provide two pop and one snack controls on vending machines
• Replace light fixtures in the Council chambers to handle television production
PSI Fire Station
• Replace existing 32W bulbs with 25W bulbs throughout the facility
• Replace existing metal halide wall packs with properly sized units
• Provide additional light switches in the hallway area.
• Provide a second set of switches in the main bay area.
PWI Public Works
• Replace existing 32W bulbs with 25W bulbs throughout the facility
• Replace existing metal halide fixtures with high -bay fluorescent fixtures
• Provide occupancy sensors where applicable.
• Move existing thermostat from locker room to office area.
LSl Liquor Stores
• Replace existing 32W bulbs with 25W bulbs throughout the facility
• Replace existing T12 lights with new 25 W fixtures.
CH10 Ball Fields Timer
• Add a timer for the Ball Fields lighting systems.
CH12 Parking Lot Lights
• Add 12 new lights in the parking lot between the Fire Station and City Hall.
Risks of not implementing the recommendations
• Continued complaints of "poor light conditions ".
• Potential for criminal activity in outdoor areas (Fire Station & Lot).
• Poor light conditions hamper the operation of the security system cameras.
• Old lighting systems require constant bulb replacement, whereas new lighting systems
feature long life bulbs. This means less bulb replacement and maintenance work.
ff EBenefits
uced energy consumption and longer life expectancy of bulbs
ewed lamp inventory reduces replacement expenditures uced run hours due to occupancy sensor installations eased safe of building occupants due to exterior li htin u rades and additions.
Page S City of St. Anthony Village
PRORP IETARYAND CONFIDENTIAL Performance Contract Analysis
NOT TO BE REPRODUCED OR DISTRIBUTED WTHOUT JOHNSON CONTROLS' PERMISSION
Johnson �
Controls
BuildinLF Automation System Control Enhancements
St. Anthony has a variety of pneumatic, electric and digital controls that are used throughout most of
the City facilities.
City Hall has an old pneumatic control system with an independent electronic system for the roof top
units. During the analysis, it was determined savings could be produced by equipment scheduling
and better control of the building. The building automation system would utilize the building's
Ethernet LAN system to centralize and network building control, allowing facility personnel to
monitor buildings remotely. The other facilities are not equipped with full control systems, but they
could benefit from the improved ability to control equipment and scheduling.
Afann
New Controls Installation: JCl will update the
current systems to the new web -based Metasys.
Metasys will centralize scheduling control of the
ventilation equipment and heating and cooling plant.
Based on the condition of the existing pneumatic
controls and the desire to implement new energy
saving measures, additional new controls will be
installed at each air handling unit. With Metasys, all
air handling units will have the ability to be
scheduled on /off. This will allow St. Anthony to
schedule on demand any future events along with the
day -to -day operation of the buildings. All facilities
would be tied into one system accessible via the
internet.
Metasys would also be able to control items that are currently controlled manually such as the liquor
store heating and cooling system and monitoring the beer cooler temperature. The Fire Station would
also benefit from a comprehensive system for the bunk area rather then a single control for all three
bunks.
• Variable Frequency Drive (VFD) Applications: A facility's heating and
ventilation systems are designed for worst -case conditions or, in the case of a
meeting room when the space is at maximum occupancy. Therefore, the
majority of the time, the ventilation system is grossly oversized, thus wasting
energy.
A VFD is an electronic device that can vary the speed of an electric motor in
response to space conditions providing the minimum output to meet the
actual needs of the space. A VFD provides the benefit of reduced electrical
usage from the motor and reduced fuel usage because the volume of water or
air that needs to be heated is greatly reduced when the motor slows down.
VFDs also increase the life expectancy of motors since the motors can now
be ramped up to speed slowly instead of slammed on to full speed.
Several of the VFDs have been installed on the City Hall Roof Top Units (RTUs). During the
evaluation of the building, it was indicated that several of these units were not working properly.
L Also, of the units that were working, the present computer system did not show that they were
working properly.
Page 9 City of St. Anthony Village
L PROR Performance Contract Analysis
NOT TO BE REPRODUCED OR DISTRISWYttiISUTED AND WITHOUT JOHNSON CONTROLS PERMISSION
I
Destratification Fans: This building improvement measure will reduce
energy use and improve the building's efficiency by eliminating air
stratification. Temperature gradients, or levels, occur when there is
minimal air movement within an enclosed building space. The hot air
generated by a building's heating system steadily rises to the ceiling while,
conversely, cold air sinks to the floor. The net effect is that the ambient
temperature at ceiling level is substantially higher than the temperature at
floor level.
Destratification fans will be installed in large areas with high ceilings.
Units will be equally spaced throughout the rooms per manufacturer's
recommendations. The units will operate based on the outdoor air
temperature. When the outdoor air temperature drops below 501F, the
units will receive a signal through the control system to start. Units will
operate continuously as long as the outdoor air stays below 500F.
Johnson � 0
Contmlc
Demand Based Ventilation: This control strategy is used where a ventilation system is supplying
air to an open area. By design codes, these ventilation units are sized for the maximum occupancy of
a space, although this rarely occurs, i.e. auditoriums. A carbon dioxide sensor will be mounted in the
occupied space or return air duct. Carbon dioxide is an indicator of occupancy load. This allows the
outdoor air damper to be controlled based on the actual occupancy level rather than a predetermined
minimum. A VFD will be installed on the supply fan motor, and the temperature in the space will
vary the speed of the motor based on need.
Variable Air Volume (VAV) Box Controls: The existing VAV boxes are controlled by pneumatic
thermostats. This system does not allow any night setback or feedback control to the main air
handling unit. Currently, the main air handling unit will provide a constant air temperature. If one
room requires more heating or cooling, there is no way to automatically change the discharge air temp
from the main unit with the current pneumatic system. This causes many of the hot and cold calls
within the building.
In addition to the control of the existing VAV boxes, the main headquarters of the police station
constantly overheats. This space is connected to a VAV box that serves several spaces and is not
properly ventilated. This causes the space to overheat and waste energy. By adding a VAV box for
this individual space, the proper amount of cooling can be provided to the space. This will allow the
system to reset as required in the main air handling unit.
Page 10 City of St. Anthony Village
Performance Contract Analysis
PRORTRIBUTEAND CONFI JOHNSON NOT TO BE REPRODUCED OR DISTRIBUTED WITHOUT JOHNSON CONTROL6 PERMI6510N
qP Johnson ��
�f
Controls
City -Wide
Install Metasys Building Automation System with graphical user interface
City to provide JCI server space and a data drop for JCI - provided server. The City will
also provide each building engineer a workstation loaded with a web browser.
Minimum requirements: 2.8 GHz, 1 GB RAM and 80 GB hard drive and CD drive,
NIC (Network Interface Card) and Windows XP Service Pack 2
Operator training — 8 hours
CH2 City Hall
• See HVAC Systems and Controls Replacement
Fire Station
FS2 0 Implement Start / Stop Schedule
o DEC Start/ Stop of two Air Handling Units
FS7 • Replace existing fans with new destratification fans in selected high bay areas
o Six (6) in Main Bay Area
PWI Public Works
• Move existing thermostat from locker room to office area.
LS2 I Liquor Stores
• Implement Start / Stop Schedule
• DDC Start / Stop of two Air Handling Units (South Store)
• DEC Start/ Stop of one Air Handling Unit (North Store)
Cooler temperature monitoring (Both Stores)
Rebalancing the North Store.
o Provide more ventilation to the office space
o Provide Enable and Disable of the electric heat of the office space.
Risks of not implementing the recommendations
• Continued complaints of "too hot or too cold" conditions.
• Continuous escalation of energy cost based on unbalanced systems.
• Increase in maintenance and repair costs due to the HVAC system running "out -of-
balance".
• Unanticipated equipment failures can
• Saves energy
• Operational efficiency
• Control system standardization
• Enhanced maintenance staff productivity
• Ease of use — Centralized System
• Tnrraacnd P_— E__
Page it City of St. Anthony Village
_ Performance Contract Analysis PRORPIETARY AND NOT TO BE REPRODUCED OR DISTR BWED WITHOUT JOHNSON CONTROLS' PERMISSION
MPJohnson *
Controls
HVAC and Controls Replacement
Roof Top Unit Replacement: The five (5) roof top DX
cooling units at City Hall are 12 years old and are nearing the
end of their recommended service life. Over the last several
years, service calls have been placed because the compressors
have been tripping out (shutting off) and there are holes in the
condensers which reduce the efficiency of the system. The
ASHRAE standard for light commercial roof top units shows a life expectancy of 12 -15 years.
While evaluating the existing units several options were investigated. Many of the current issues with
the units are based on low air flow and high cooling capacity. Some of these issues can be resolved
by combining units for proper air flow with capacity. Combining units No. 2 & 5 (Multipurpose
Room and Police Station) will provide better control and reliability for the building. Four (4) new
DX units will be installed on the roof in the same location as the existing units. New ductwork will
be installed on the roof as required for proper installation
Control Replacement: City Hall has an old pneumatic control system with an independent electronic
system for the roof top units. During the analysis, it was determined savings could be achieved by
equipment scheduling for better control of the building. The building automation system would
utilize the building's Ethernet LAN system to centralize and network building control, allowing
facility personnel to monitor the buildings remotely.
For more information on the controls see section `Building Automation System Control
Enhancements"
Boiler Plant Replacement: The existing hot water boilers
at the City Hall are inefficient to operate and are reaching
the end of their useful life. The current boilers are small,
modular atmospheric combustion units installed with six
independent boilers that fire in series to provide adequate
heat to the system. Because of the way these boilers are
installed and designed, maintenance is an issue for the
middle boilers —many of the repairs require the removal of
at least one boiler. Additionally, these boilers can only be
"on" or "off'. The staging of the boilers provides some
flexibility of heat supply for the system, but are not able to
provide cooler water to the system. As the outdoor air
temperature increases, there is less of a demand needed for
heating the water. The current boilers do not allow sufficient staging during these warmer times.
a result, additional energy is used during the warmer portions of the heating season.
As
Four new high - efficiency boilers will be installed and tied into the existing heating hydronic system.
These new boilers will be vented directly to the outside for combustion air, and provide the
appropriate water temperature that is needed for the spaces. The boilers will come with internal
controls that optimize efficiencies based on the outdoor air temperature. The new boilers will run in
unison to generate the water temperature required by the space. As a system, the boilers will be able
savings.
to have a high turn down to minimum output and step up to the maximum output resulting in energy
Page 12 City of St. Anthony Village
W
Performance Contract Analysis
NOT TO BE REPRODUCED OR DISTRIBUTED HOUT JOHNSON CONTROLS' PERMISSION
Johnson 001
Controls
Domestic Water Heater Replacement: In addition to the new boiler plant, the existing domestic
water heaters are inefficient and getting close to the end of their useful life. Because the new boiler
plant will be a sealed combustion system, installing the new high efficiency water heaters will allow
the present exhaust fans and dampers to be eliminated. The water heaters will be correctly sized for
the load of the building.
Finned Tube Radiation (FTR) Addition: In the Family Services area, the classrooms have FTR.
This section is being controlled by an individual pneumatic thermostat. This thermostat is not able to
work with the existing VAV box. New digital controls will be installed to work with the VAV box.
Many of the office spaces have heating issues in the winter time. This is caused by the heat transfer
of the hot air through the outside wall. This wall is cold and needs to be washed with heat to
eliminate this issue. With several rooms being controlled by a single VAV box, rooms will either
overheat or under heat because the thermostat is located in the wrong space. By adding FTR to these
spaces, the overheating of spaces would be eliminated and the proper amount of heat for each space
would be provided.
FIM I Boiler Plant Conversions and Modifications
CH2 I City Hall
• Implement Start / Stop Schedule
• DDC Start / Stop of all Air Handling Units
• New: Actuators on dampers
• New: Wiring for all units.
• Implement demand control ventilation strategies
o AHU -1
• RTU Replacement
• Remove Existing five (5) DX Roof Top Units
• Install Four (4) new DX Roof Top Units
• Implement variable - frequency drive ventilation/pumping applications
• AHU -1
• HW distribution pumps with variable speed drives and a differential pressure
sensor
• Replace 34 existing VAV Box controls
o Replaces pneumatic controls with new DDC valves and thermostats.
• Replace 6 existing FTR Valves
o Replaces pneumatic valves with new DDC valves.
• Provide new DDC valves:
• AHU -1
• AHU -2
• Install one (I) New VAV Box
o Install box for new DDC valves and thermostats for police station.
• Install new destratification fans in selected high bay areas
• Five (5) in Main Gymnasium
• One (1) in Aux. Cafeteria
• Two (2) in Multipurpose Room
• Three (3) in Main Entry
• One (1) in Conference Rnn.
Page 13 City Of St. Anthony Village
PRORP Performance Contract Analysis
NOT TO BE REPRODUCED OR DISTRIBUTED WOITHHOOUTJOHNSON CONTROLS' PERMISSION
FIM
CH2
Johnson 010
Controls
Boiler Plant Conversions and Modifications Continued
City Hall
• Evaluate the loads of the building and rebalance the new ventilation rates for each
zone with a registered balancer.
• Remove existing boiler, water heaters and ancillary equipment
• Install four new 500 MBH modular high efficiency condensing sealed combustion hot
water boilers
• Tie into new Facility Management System
• Install two high efficiency domestic 80 MBH Water Heaters
• Install new Finned Tube Radiation in selected areas
0 1) Police Department — Chief Office
0 2) Police Department — DARE Room
0 3) Police Department — Roll Call
0 4) City Offices — Lunch Room
0 5) City Offices —Finance Director
0 6) City Offices — Book Keeping
0 7) City Offices — Public Works
0 8) City Offices — City Clerk
0 9) City Offices — Asst. City Manager
0 10) City Offices — City Manager
0 11) School Offices — Office (Three Offices)
Risks of not implementing the recommendations
• Non - replacement will result in continued repair and service call expenses.
• Failed equipment may require complete and costly replacement, possibility at an
inappropriate time.
• Continued repair / maintenance costs to keep these old units operating.
• Unplanned failure and required replacement of this equipment can cause
uncomfortable indoor temperatures.
• Equipment failure may occur at a time when the budget expense is unplanned.
• Equipment failure in the heating months could require closing the building or use of
costly rented equipment during the ordering, delivery and installation of the new
• Better able to match the buildings heating requirements.
• Increased comfort
• Energy savings
• Reduced maintenance costs
• Extrnd Pn i_+ 1 ;F
Page 14 City of St. Anthony Village
Performance Contract Analysis
NOT TO BE REPRODUCED OR DISTRIBUTED WrHOUT JOHNSON CONTROLS' PERMISSION
Building Envelope - Air Infiltration Reduction & Garage Door
Replacement
Air leakage is defined as the "uncontrolled migration of
conditioned air through the building envelope ", caused by
pressure differences due to wind, chimney (or stack) effect
and mechanical systems. Air Leakage has been shown to
represent a substantial source of heat loss or gain through
the building envelope. Tests carried out by the National
Research Council of Canada on High Rise Commercial
and Residential Buildings, Schools, Supermarkets and
Houses have shown levels of 30 -50% of heat loss could be
attributed to air leakage.
Johnson 00
Controls
Beyond the potential for energy savings, uncontrolled air f
leakage can affect the thermal comfort of occupants, air
quality through the imbalance of mechanical systems and
the structural integrity of the building envelope through moisture migration. Controlling air leakage
involves the sealing of gaps, cracks and holes using appropriate materials and systems to create, if
possible, a continuous plane of "air- tightness" to completely encompass the building envelope. Part
of this process also incorporates the need to "decouple" floor -to -floor and to "compartmentalize"
components of the building in order to equalize pressure
differences.
The Fire Station has a large amount of single pane windows on
the garage doors of the truck bays. Single pane windows are
very inefficient. The present window layout allows the public
to see the trucks, but these single pane windows cause a high
amount of heat loss in the winter and a lot of heat gain in the
summer. Our solution is to remove some of this glass, but to
still allow sight of the trucks by the general public.
BIM#
Building Envelope - Air Infiltration Reduction
CH3
City Hall
• Weather stripping around main doors.
Fire Station
FS3
FS8
• Caulking and weather stripping around windows
• Garage Door Window reduction.
Risks of not implementing the recommendations
Complaints of drafts from occupants.
Poor comfort conditions.
Benefits
• tceaucea energy consumption
• Help reduce drafts in the spaces and increases the comfort of the occupants.
• Still allows viewing of the fire tn,ckR by the _ .u_
Page 15 City of St. Anthony Village
Performance Contract Analysis
NOT TO BE REPRODUCED OR DISTRIBUTED WTHOUT JOHNSON CONTROLS' PERMISSION
Fire Alarm System Card Access and Security Uagrades
The existing fire alarm systems at the City Hall are
an older zoned type, and do not comply with the
Americans with Disabilities Act, NFPA 72, UL®
Revision 9 Standards or Life Safety Code 101.
While none of these codes require the City to
upgrade, the City should plan for updating it's most
important system.
Johnson Controls will install a new fully addressable
fire alarm system with new control panels,
enunciator panels, sensing devices and notification
devices. As allowed by existing codes the ull
Johnson
Controls
Duopirrox
4.�
stations next to the entry and exit doors will be removed. This is an area that is notorious for false
alarms in many buildings.
The duct smoke detector power supply in the south liquor store is miswired through the air handler
system. Therefore, when the air handling unit is shut down, the fire alarm activates. Johnson
Controls will rewire this system to eliminate these nuisance alarms.
Controlling access and visual monitoring for buildings and managing entrance keys for personnel are
major challenges for today's city buildings. In the event of loss of even one set of keys may require
the re- keying of all entrance doors at a significant expense to the City.
The Fire Station, Public Works, and several of the park buildings punch codes to gain access to the
facilities. The park buildings codes are distributed to some community members for special events
within the buildings.
Along with access to buildings, this same punch code is used for the vehicle fueling station at the
Public Works building. Access information is used to note fuel consumption for city vehicles.
However, with a somewhat generic code, it is not possible to know whether all of the fuel being
pumped is making it into city vehicles.
Johnson Controls will install a Microsoft Windows® -based intelligent card access system with a user
interface to facilitate card management, allow scheduled locking and unlocking of individual doors,
monitoring of door use and logging of individual card use. In addition, this card access will track the
user of the fuel and help track the amount of fuel each person uses.
With this card access program, cards can be activated and deactivated for certain time frames, and it
is a simple matter to deactivate lost cards. All code locks would
be eliminated, with the existing keys still working for the times
that power is lost.
Most city buildings currently have closed caption video camera
systems. However, current camera coverage does not
adequately monitor all areas that require surveillance. There
have been issues with vandalism in areas that are not covered by
current cameras. The Public Works building does not currently
have any security cameras. The fire station surveillance system
Page 16 City of St. Anthony Village
Performance Contract Analysis
NOT TO BE REPRODUCED OR DISTRIBUTED WTHOUT JOHNSON CONTROLS' PERMISSION
Johnson
Con roh
is recorded on a digital video recorder (DVR), but it has reached its maximum capacity in terms of
available camera channels.
Johnson Controls proposes to install new security cameras to monitor the Water Treatment Plant, the
Public Works building, and the Fire Station. DVRs will be installed at each building to retain a video
history. The Fire Station DVR will be upgraded to accommodate more camera channels.
BIM # Fire Alarm System, Card Access, Keys and Security Upgrades
CH6 City Hall Security System Upgrade
• Install four new outdoor cameras to monitor the Water Treatment Plant
• Install 6 door electronic card access system for the City Offices
• Replace the existing Police Station card Access System
• Provide 200 new security badges
CHS City Hall Fire Alarm Replacement
• Upgrade fire alarm control panel to fully- addressable, UL® Revision 9 compliant
system
• Upgrade existing smoke detectors, heat detectors and duct detectors to be fully
addressable
• Reduce pull station quantities to Minnesota State Fire Code requirements
• Upgrade horn /strobe devices to ADA compliant synchronized devices as needed
FS6 Fire Station Security Upgrades
• Install two new additional security cameras to monitor parking lot and vestibule area
• Upgrade security camera to a 16 channel DVR to accommodate new cameras
• Install electronic card access system to three doors
PW2 Public Works Security Upgrades
• Install four new outdoor security cameras (Reuse Fire Station DVR)
• Install four electronic card access system
• Install Card access for fuel station
LS2 ILiquor Store (South) — Fire Alarm System Modification
• Modify the control wiring to exclude the power supply of the
Risks of not implementing the recommendations
• Risk of health, life and property due to fire / smoke damage.
• Burglary, theft, and terrorist threats.
• Enhanced public and staff safety
• Systems and equipment standardization
• Full factory and technical support for system components
• Step toward reduction/elimination of master key proliferation
• Scheduled locking and unlocking of controlled doors
• Off -hour facility usage monitoring and reporting
• Server /Workstation -based cardholder database, reporting and recordkeeping
• Reduced potential for theft or vandalism
• More coverage with security cameras
Page 17 City of St. Anthony Village
Performance Contract Analysis
NOT TO BE REPRODUCED ORIA IBN DWII ow Performance
®W Johnson f
Controls��(
Police Department I riproyements
A complete review of the Police Department area and an interview with the Police Chief and staff
revealed a number of outstanding concerns in this area of the City Hall building. The room that has
been converted into an IT (computer network) room is in need of cooling to make the space usable as
an office and to provide critical cooling for the present computer system. Also, the cooling unit
addition will be needed for the planned computer system expansion and will provide the ne
dehumidification for the space. High humidity levels in a computer environment can cause equ cessary
ipment
failure.
Also identified was the need for critical exhaust fans to address the removal of foul odors in the
Police Station. The present fan in the intoxication room is not adequate to clear the odor from the
room. The two interview rooms are also under ventilated with no way for the air to leave the room.
The evidence room has a critical need to exhaust the fumes from various illegal drugs / evidence that
is stored in this room. Presently, these fumes are moving into the working environment. The Police
Chief and Officers are concerned about the potential of cross contamination from suspects and
evidence that is brought into the building. The garage area also needs to have the area exhausted due
to the housing of "stray" dogs and animals that occurs in this space. Currently there is no ventilation
for this space except for the garage doors, which is a security risk if any of the doors were left open.
All the above recommendations are critical additions to the Police Station environment; however,
there is no energy savings associated with these additions.
IIM # Police Department Improvements
CH4 • Install a 1.5 Ton packaged cooling unit for IT room
• Replace existing Intoxication Room fan with new unit
• Install new exhaust fans for two interview rooms, and evidence room
• Install new exhaust fan for Paraae enarn
Risks of not implementing the recommendations
• Overheating of the computer equipment can result in system failure.
• Failed equipment may require complete and costly replacement.
• Failed equipment can result in loss of valuable City data.
• Contamination of the Police Station by the illegal drug fumes stored in the evidence
room.
• Potential contamination of the staff from criminal interaction.
• Continued foul odors and high humidity in the Police Denartment
• Prevention of computer equipment overheating and failure.
• Prevent replacement of damaged computer equipment.
• Prevent loss of City data.
• Allow for future additions of new computer equipment.
• Total exhausting of all foul odors, high humidity and toxic fumes from the Station.
Page 18 City of St. Anthony Village
Performance Contract Analysis
NOT TO BE REPRODUCED 0 R PRORPIUARY AND CONFIDENTIAL
DISTRIBUTED WITHOUT JOHNSON CONTROLS PERMISSION
I 11 1
Johnson *
Controls
��
Facility Performance Indexing (FPI) Service
Facility Performance Indexing (FPI) has been designed and developed by Johnson Controls to add
significant value to facility organizations, in particular the maintenance and diagnostics associated
with major systems such as chillers, boilers, air handling units, rooftop units, and terminal devices,
and all "controlled" equipment. It provides a practical methodology that allows facility owners and
maintenance personnel an understanding and immediate feedback on how their equipment is
performing and operating in an intuitive "dashboard" display.
FPI currently supports real -time commissioning, and autonomous major system optimization.
Number of Systems Analyzed: %
Number of ComPOMeMe Analyzed : 2A)
Current PFrro3msnOa
E Ja 8,& ft— .142.21
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Poor:
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Legend
Opt DAT SP — OrlDlnai pAT -SP Dega Above Se [ -,
Increase I - Set pt Below Se
Satpt �L Decrease Setpt 'VAVS Above Sept VAVS Below3 ljl
=�E011M■IYl MM=
area 7O 18007 2.07:00 PM End 8:112007 2:07;00 PM
t- RUg1W" l Y
Real time performance levels are represented in the tree using a common sense performance
indication system for immediate visual validation. _ indicates optimal performance, yellow
indicates acceptable performance, and E is indicative of a performance failure requiring
investigation. The calculated performance level number is also displayed. Each piece of equipment
that is analyzed will display a performance color code that will update as quickly as the system can
collect the data, typically every 1 -5 minutes.
Temnerature Performance for typical VAV box
Performance Evaluation
'0 50 85 100 85 50 0
Unaa»p261e 'VntleelMle Acceptable Optimal Acceptable RI �UntlevraM.��e.� Unaccepfa0le
__ _IwPMMMME'B_. / PIMM)p
-30 -15 -0AS 0.0'045 1.5 3.0
Temperature Deviation from SetPoint
Page 19 City of St. Anthony Village
PRORPIETAR Performance Contract Analysis
NOT TO BE REPRODUCED OR DISTR BIREO NADTHO TIDJONNSON CONTROLS' PERMISSION
i-
i 1. •�L ":.
Johnson 01
Controls
By analyzing the incoming data and sending new setpoints to the Building Automation System
(BAS), FPI can fine tune the BAS. Setpoints for major systems are autonomously adjusted to provide
only what the system needs, based on the demands of the equipment being served by the major
system. FPI maximizes comfort while reducing energy consumption.
Tedious, labor intensive data collection
' Trends had to be started, stopped
Interpretation of data inconsistent
• Impossible to analyze the whole system
Years of experience needed - engineer
Each component evaluated one by one
No system analysis
Not continuous; many events missed
Expensive to obtain system data
Recurring costs for data collection
NOW WITH FPl
Data collection done automatically
• Interpretation of data is consistent
Analyze the whole system
Root cause analysis built in
User generated instant reporting
Measure repair effectiveness with immediate feedback.
Evaluate large amounts of equipment effectively
Uses a computer in place of a team of skilled analysts
Amazingly simple to use
BIM # I Facility Performance Indexing Service
CH9 I City Hall
Install the FPI system as part of the buildings Energy Management System
Desktop computer to be provided by the customer.
Risks of not implementing the Facility Performance Indexing Service
• Continued inefficient operation of the buildings HVAC system
• Continued high ener y costs tooperate the HVAC system
Benefits
• Continuous optimization of the HVAC system
• Energy and maintenance savings
• Early identification of problematic a ui ment
Page 20 City of St. Anthony Village
PRORPI Performance Contract Analysis
NOT TO BE REPRODUCED OR DISTR BUTED WITHOUT JOHNSON CONTROLS' PERMISSION
Johnson � 1
Controls
UuErade of the Process Controls for the Water Treatment Facility
Communication between the water treatment plant and
remote pumping stations is conducted through analog
phone lines. These lines have limited bandwidth and
therefore only a handful of parameters are passed from
the pumping stations to the water treatment plant. The
water treatment plant also has a limited range of control
signals it can pass to the well houses. The city leases
the phone lines at a considerable annual cost and
operating personnel are frustrated with grounding issues
and poor communication between the sites.
Furthermore, the analog system has become obsolete as
industrial process control moves toward fully digital
systems. Therefore, support for the existing system will continue to become more expensive.
Johnson Controls proposes to install a state of the art electronic supervisory
control and data acquisition ( SCADA) telemetry system to fully automate
communication between the water treatment plant and remote pumping
stations. Each site will have a programmable logic controller (PLC) to
monitor and control the equipment at that site and PLC's will have the ability
to communicate wirelessly with each other. The system's large bandwidth
can provide operators in the water treatment plant the ability to monitor and
control remote sites in near real time. Algorithms in the PLCs can optimize
system configuration to support water needs while minimizing energy use.
I`
BIM #
Process Controls Upgrade — Water Treatment Facility
WP2
Process Controls Upgrade
• Install wireless SCADA telemetry system on the water treatment facility and remote
pumping sites
Risks of not implementing the recommendations
• Existing system equipment is obsolete — expense of maintaining and replacing parts
will continue to increase
• Loss of communication could cause a failure of water supply
• Frequent grounds on existing system result in IncR „f
tT... enefits
Remote monitoring and control of pumping stations
Ability to optimize system performance Increased range of parameters that can be communicated between sites
Page 21 City of St. Anthony Village
Performance Contract Analysis
NOT TO BE REPRODUCED OR PROPIUARY AND DISTR UTEO WITHOUT JOHNI
B SON CONTROLS' PERMISSION
L
iJ
U
xi
Llqul)r Store UDt?rades
A review of both Liquor stores revealed a critical need at both
facilities. The loading / receiving dock areas, when being used,
allow cold air into the rear storage areas and also into the front
store areas. This can cause the stored bottle goods and / or the
sprinkler fire prevention system to freeze which would lead to
bursting pipes and water damage. The freezing of the bottled
goods will cause product loss.
The solution here is to provide plastic curtain walls for all the receiv
storage area space and to replace and install new space unit heaters. With the addition of the new
curtain walls and new unit heaters, the storage spaces will be warmer and the staff will have a more
comfortable lunch room.
Johnson *
Controls
The present domestic water heater is not providing hot water to the rest room as required by state
code. New instantaneous water heaters will be installed in both stores to provide adequate hot water
for the rest rooms and filling the floor maps. In addition, the location of the North store water heater
was installed in the wrong location. Installing a hot water recirculation line will insure proper
temperature at the rest rooms in the north store.
Also, the present condensing units for the coolers at the north store, which were reused from the old
store, are now past their useful life and need to be replaced with higher efficiency units.
BIM #
Liquor Store Upgrade and Deferred Maintenance
LS3
Storage Area Insulation and Heating Upgrade (Both)
• Provide insulation on the South wall of the storage area in the North Liquor Store
• Replace the unit heater in the North Store storage area
• Install the North Store unit heater in the South Store Storage Area
• Install curtain walls on both North and South loading docks
LS4
Domestic Hot Water Line
• Install a new hot water recirculation line from the bathrooms to the water heater in the
North Store
• Install new instantaneous water heaters in both stores.
LS5
Cooler Condenser Replacement
Replace two condensers for the cooler on the North Store.
Page 22 City of St. Anthony Village
Performance Contract Analysis
PRORTRIBUTEAND OO UT JOHNSON NOT TO BE REPRODUCED OR DISTRIBUTED WITHOUT JOHNSON CONTROLS' PERMISSION
Risks of not implementing the recommendations
• Freezing of the sprinkler system and / or bottled goods could result in building damage
and product loss.
• Bathrooms do not meet state code requirements for hot water.
• Non replacement of the aging condensers for the coolers will result in additional
service / repair costs and loss of chilled product in the coolers.
• Untimely replacement of the cooler condensers will result in an unbud eted expense.
Page 22 City of St. Anthony Village
Performance Contract Analysis
PRORTRIBUTEAND OO UT JOHNSON NOT TO BE REPRODUCED OR DISTRIBUTED WITHOUT JOHNSON CONTROLS' PERMISSION
Benefits
• Reduction in heating / cooling costs by reducing air flow from the dock areas.
• Prevention of any product loss due to freezing in the storage area.
• Insurance that the sprinkler system will not freeze and burst the water supply line.
• A warmer and more comfortable lunch / break room area.
• Bathroom water supply will meet state code requirements.
Page 22 City of St. Anthony Village
Performance Contract Analysis
PRORTRIBUTEAND OO UT JOHNSON NOT TO BE REPRODUCED OR DISTRIBUTED WITHOUT JOHNSON CONTROLS' PERMISSION
Roofine Options
Johnson *
Controls
During the detailed survey of the buildings, the Garland Company was brought in to evaluate the
City's roofs. Garland works with many Minnesota cities to establish long -term roofing programs and
provide lowest life -cycle cost roofing systems.
It is Johnson Controls' philosophy to evaluate opportunities to
incorporate "green" whenever possible. A good candidate for a
green roof is a roof that is large and flat. A green roof should be
considered as a replacement option. A green roof is partially or
completely covered with vegetation and soil. A local, natural-
growing medium, planted over a waterproof membrane provide a
nature footprint on the site. This does not refer to roofs which are
merely colored green, as with green shingles. A green roof may
also include additional layers such as a root barrier or irrigation
system.
Some of the benefits
attributed to green roofs
include reduced energy consumption, improved sound
insulation, aesthetics and storm water management. We
would research the availability of grants, incentives or rebates
to "go green."
The rubber roof at the City Hall has performed well to date,
but is nearing its expected life of 15 years. The City has done
excellent maintenance on the roof, but the membrane roof
eventually wears out to the point of failure. When this occurs, perforated leaks occur in multiple
locations and can be difficult to locate. The maximum the city could expect this roof to last is another
3 -5 years.
Two options are presented to replace the roof at the city hall. The first, is the replace the roof with a
30 -year warranty 5 -ply built up roof system. This roof will last approximately 40 years; this is over
double the life of a normal EPDM roof.
The Second option would be a partial green roof on the city hall. The section that would be green is
middle section of the building. (See map below Section 13) This could be designed with a walking
path and other features to help display the roof.
Also, the roof at the City's water tank has foam insulation around the tank. This would be a good
location for a green opportunity. Designs could be laid out to display the St. Anthony Village name
on the roof for all to see.
While doing this analysis, it was brought to our attention that the city is looking at a program that will
take just about all of the rain water from the roof of the city hall and divert it into a holding pond.
The green roof does provide several additional benefits of reducing cooling and heating loads, but is
mostly paid for by the elimination of rain water going into the sewer. It would be the
recommendation of Johnson Controls to not do the green roof at this time.
Page 27 City of St. Anthony Village
PRORPI Performance Contract Analysis
ETARYAND CONFIDENTIAL
NOT TO BE REPRODUCED OR DISTRIBNTED YNT!%)UTJOHNSON CONTROLS' PERMISSION
I
Awkea EysecIton
I
i
- 10.0w
El
-4.3:w t_1
with
year guarantee.
-S.STO Spn
0 Tear off existing roof. Replace entire roof with 5 -ply built -up roofing 30-
1.r iapA
Approx. Total Area: 43.065 Sq Ft
gr
Johnson *
Controls
St. Anthony - City Hall
All of the roofs will require the existing roof to be removed. The assumption has been made that the
existing roof structure of both the city hall and the water tank is in good shape for a new roof.
Green Roof
0 T ear off existing roof. Replace entire roof with 5 -ply built -up roofing system 30-
with
year guarantee.
rFIM
0 Tear off existing roof. Replace entire roof with 5 -ply built -up roofing 30-
system with
year guarantee. Add a green roof on section B of the building
• Tear off existing foam roof. Replace entire roof with 5 -ply built -up roofing system
with 30 -year guarantee.
I
. Tear off existing foam roof. Replace entire roof with a green roof
®
Area B
Ae.a_.
a:
A.0
EE
Area 0
All of the roofs will require the existing roof to be removed. The assumption has been made that the
existing roof structure of both the city hall and the water tank is in good shape for a new roof.
Page 28 City of St. Anthony Village
Performance Contract Analysis
R0RPIETMTAND NFIDE PL
NOT TO BE REPRODLCED OR DISTRIBUTED WRNOUT JOHNSON CONRtOLS' PERMISSION
Green Roof
0 T ear off existing roof. Replace entire roof with 5 -ply built -up roofing system 30-
with
year guarantee.
rFIM
0 Tear off existing roof. Replace entire roof with 5 -ply built -up roofing 30-
system with
year guarantee. Add a green roof on section B of the building
• Tear off existing foam roof. Replace entire roof with 5 -ply built -up roofing system
with 30 -year guarantee.
I
. Tear off existing foam roof. Replace entire roof with a green roof
Page 28 City of St. Anthony Village
Performance Contract Analysis
R0RPIETMTAND NFIDE PL
NOT TO BE REPRODLCED OR DISTRIBUTED WRNOUT JOHNSON CONRtOLS' PERMISSION
Risks of not implementing the recommendations
• The aging roof produces additional leaks and this can damage valuable equipment
within the building.
• The roof fails at an inappropriate time and causes budget shortfalls.
• Continued repair and maintenance costs prove very costly.
Page 28 City of St. Anthony Village
Performance Contract Analysis
R0RPIETMTAND NFIDE PL
NOT TO BE REPRODLCED OR DISTRIBUTED WRNOUT JOHNSON CONRtOLS' PERMISSION
Benefits
• Reduced energy consumption
• Reduced urban `heat island" effect
• Sound insulation
• Extended roof life
• Storm water management
• Prevention of interior damage to equipment and the building structure.
• Use of "Green" solutions on City property sends the right message to City residents.
Page 28 City of St. Anthony Village
Performance Contract Analysis
R0RPIETMTAND NFIDE PL
NOT TO BE REPRODLCED OR DISTRIBUTED WRNOUT JOHNSON CONRtOLS' PERMISSION
Wind Turbine
Johnson
Controls
Another opportunity to incorporate "green," would be to install a small -scale wind turbine on sight.
This makes sense for facilities with 24 -hour operation and a small, constant load on the building.
This windmill is a scaled -down version of the large windmills seen
across Minnesota's horizon. They have a unique design, and tie into
the current building power supply and utility system. If wind power
is available, it will power the building; if there isn't, the current
electric system would continue to work. If there is additional wind
power, it can be sent back to the grid for additional savings.
We would research the availability of grants, incentives or rebates
that could apply to a wind turbine.
FIM Wind Turbine
CH 11 Install a 20 KW Wind Turbine on a 100 ft. tower
• Procure any available Eants
Page 29 City of St. Anthony Village
Performance Contract Analysis
PRDISTRI ARV gNDCONFIDENTIAL
NOT TO BE REPRODUCED OR DISTRIBUTED WITHOUTJOHNSON CONTROLS' PERMISSION
Benefits
• Reduced energy costs
• Renewable energy source
• LEED -EB points for accreditation
• Helps facilities be more energy independent
• Public press exposure as a "Green" City
Page 29 City of St. Anthony Village
Performance Contract Analysis
PRDISTRI ARV gNDCONFIDENTIAL
NOT TO BE REPRODUCED OR DISTRIBUTED WITHOUTJOHNSON CONTROLS' PERMISSION
Johnson *
Controls
Solar Domestic Water Heating System for the Fire Station
The Fire Station uses domestic hot water for the restrooms, sinks, and showers. Currently the
hot water is produced by using a natural gas water heater. During the summer months, the sun
can heat the domestic water as needed for the building needs. During the non - summer months
the solar system will act as a supplement to the present water heater.
FIM
Solar Domestic and Building Hot Water— Fire Station
FS9
a Install a solar heating panel system (6 - 4x10 foot panels) on the flat roof on a 45 degree angle
• Install a 120 gallon pre -heat storage tank for additional heated water storage capacity
• This system will eliminate the use of the present water heater during the summer months
Page 30 City of St. Anthony Village
L�
PRORP IETRRV AND CONFIDENTIAL Performance Contract Analysis
NOT TO BE REPRODUCED OR DISTRIBUTED WITHOUT JOHNSON CONTROLS' PERMISSION
Benefits
• Reduced energy consumption.
• Shows the city residents that the City promotes "green" technology applications.
• Acts as a showcase for "green" applications in the City.
• Additional hot water ca aci for the building.
Page 30 City of St. Anthony Village
L�
PRORP IETRRV AND CONFIDENTIAL Performance Contract Analysis
NOT TO BE REPRODUCED OR DISTRIBUTED WITHOUT JOHNSON CONTROLS' PERMISSION
1.
I Johnson
r
Controls
i
Operations and Maintenance Services
Consistent with Johnson Controls' lifecycle approach to building improvements, we also encourage a
strategic approach be used for operations and maintenance (O &M). Our strategic approach utilizes a
combination of reactive, preventive and predictive service strategies. The specific approach utilized
is dependent on the criticality of the piece of equipment or the space served. Overall, Johnson
Controls' strategic O &M services ensure the lowest lifecycle costs yielding the City with the highest
value for your maintenance dollar.
When considering a proactive maintenance program, it is important to understand the financial
advantages of your investment.
• Preventive and predictive maintenance strategies are generally 30% more cost effective than
reactive approaches.
• An annual reinvestment program ensures that maximum life of the equipment will be realized
from this investment.
• Poorly maintained systems are also a leading cause of indoor air quality problems; some
estimates attribute 90% of indoor air quality issues to poorly - maintained HVAC systems.
Johnson Controls can supplement your maintenance staff by using our experience and expertise to
provide the following annual services at each facility: Currently we have only included performance
monitoring; however, we recommend having a follow -up meeting to decide which services St.
Anthony would like us to provide.
HVAC
Performance Monitoring X
Page 31 City of St. Anthony Village
Performance Contract Analysis
NOT TO BE REPRODUCED OR DISTRIBUTED WTHOUT JOHNSON CONTROLS' PERMISSION
eD
o
G
o
'y
R_
ie
y
N
_
SERVICES
0.
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HVAC
Performance Monitoring X
Page 31 City of St. Anthony Village
Performance Contract Analysis
NOT TO BE REPRODUCED OR DISTRIBUTED WTHOUT JOHNSON CONTROLS' PERMISSION
L_
L
MRJohnson*
Controls
W. Utility Analysis
r Based on our building surveys and analysis of St. Anthony's energy requirements, the following
graph illustrates the decrease in energy consumption that the City can anticipate by implementing
new energy saving technologies with Johnson Controls.
ANNUAL ENERGY COST REDUCTION
(Gas and Electric Only)
After implementing the proposed improvement measures included in this project, our energy
engineers feel confident that the annual energy cost for St. Anthony will be reduced from $226,039
to $175,272. This represents a 22.5% reduction in overall annual energy expenditures.
Page 32 City of St. Anthony Village
Performance Contract Analysis
PROPRIETARY ISTRIB TEANDOOUTJOHNSO
NOT TO BE REPRODUCED OR DISTRIBUTED WITHpIJr JOHNSON CONTROLS' PERMISSION
AI
IV. Utility Analysis (continued)
Johnson *
Controls
City Hall
45,700 Electricity
Gas
588,720 KWH $49,389
12.88 $1.08
2,592 Mmbtu $25,636
0.06 $0.56
Sub Total: 1 $75,025 $1,64
Wine & Spirits
(South)
2 240
Electrici
218,200 KWH $10,156 97.41
$4.53
Gas
179 Mmbtu $1,873 0.08
$0.84
Sub Total: $12,029
$5.37
Wine & Spirits
(North)
3,000
Electricit
280,240 KWH $14,101 93.41
$4.70
Gas
279 Mmbtu $2,859 0.09
$0.95
Sub Total: $16,960
$5.65
Fire Department
10,600
Electricity
105,760 KWH $5,385 9.98
$0.51
Gas
831 Mmbtu $8,456 1 0.08
$0.80
Sub Total: 1 $23,371
$2,20
Public Works
19,000
Electricit
95,840 KWH $5,829 5.04
$0.31
Gas
1,267 Mmbtu 1 $13,031 1 0.07
$0.69
Sub Total. $18,860
$0,99
Well House #4
1,000
Electricit
151,680 KWH $9,258 T151.68
$9.26
Gas
89 Mmbtu $918 09
$0.92
Sub Total: $10,176
$10.18
Well House #5
1,000
Electricity
325,108 KWH $18,393 325.11
$18.39
Gas
170 Mmbtu $1,729 0.17
$1.73
Sub Total: $20,122
$20.12
Central Park
5,000
Electricit
22,160 KWH $3,076 4.43
Gas
154 Mmbtu $1,568 1 0.03
$0.31
Sub Total: $4,644
$0.93
Water Treatment
Plant
q,800
Electricit
350,520 KWH $24,199 70.10
$4.84
Gas
2,105 Mmbtu $20,653 0.42
$4.13
Sub Total: $44,852
$8.97
GRAND TOTALS
92,340
$226,039
Page 33 City of St. Anthony Village
Performance Contract Analysis
PRORPIE AND CONFIDENTIAL
NOT TO BE REPRODUCED OR DISTRIBUTED WITHOUT JOHNSON CONTROLS PERMISSION
� - -inl-�nthgn
Utility Rebates and Grants
Johnson � 1
Controls
Johnson Control has taken special care to consider utility rebate programs in system design. All
modifications were designed to maximize applicable rebates thus reducing both the upfront and
lifecycle costs.
Similarly, Johnson Control acts as a liaison working with state and federal agencies to secure grants
that may apply to the project.
Operational Savings/ Budeeted Capital
We were also able to identify potential opportunities that will avoid operating expenses for the City
of St. Anthony. This report has been generated through statistical data, a survey of City operations
and discussions with building personnel. Based on this information, savings will be approximately
$20K/year depending on selected projects due to improved maintenance management and reduced
repair expenses. This does not include any planned capital dollars that have been earmarked to
address any of the identified projects.
Besides energy savings, the following facility improvement measures have the potential to generate
operational savings in repair, maintenance, labor and/or capital budgets:
1. By upgrading old HVAC equipment to new, high - efficiency technology, repairs will be
reduced, operations will be improved, and future costs will be avoided. Maintenance personnel
will be able to operate their facilities in a proactive manner rather than reacting to day -to -day
emergencies.
2. Facility and exterior lighting efficiency can be improved by standardization on more efficient
lighting systems. Operations and maintenance costs will be substantially reduced due to the
extended life expectancy of the new lighting system.
3. The lack of controls on major HVAC equipment can generate substantial operational savings.
When a building is not fully controlled, equipment life is reduced, maintenance personnel need
extra time to troubleshoot and react, and there can be occupancy and productivity issues.
4. By upgrading the fire alarm system at the City Hall, operational dollars will be reduced due to
fewer parts needing to be replaced. This will eliminate false alarm calls at the liquor store.
5. By upgrading the water process controls, this will allow the city to eliminate the existing leased
phone lines from the water treatment building to the well houses. Currently, this item is not
included in the $2.6M project.
Page 34 City of St. Anthony Village
Performance Contract Analysis
PRORPIETPR WIO UT40M
NOTTO BE REPROOUCEOOR OI6TRIBUTEO WITHDUTJOHN60N CONTROL6'PERMI6610N
Fire Code
Fire Code & Pertinent Ordinance Adoption
Staff Report
Date: Dec. 07, 2007
To : John Malenick, Fire Chief
From; Don Drusch, Asst. Fire Chief
I am providing the following information for consideration in the adoption of the Minnesota
State Fire Code (2007) and pertinent modifications to the Ordinances of the City of St.
Anthony.
Background The current Minnesota State Fire Code was adopted by the State of Minnesota
on July 11, 2007. The most previous edition of the MSFC was adopted by the State on March
31, 2003. The City of St. Anthony last adopted the State Fire Code in 1990. While the State
Fire Code is in effect throughout the State, it is strongly encouraged by the Minnesota State
Fire Marshal's office that each jurisdiction formally adopt the Minnesota State Fire Code
(MSFC). The MSFC (2007) incorporates and amends the 2006 International Fire Code (IFC)
as promulgated by the International Code Council (ICC) of Falls Church, Virginia. It is widely
considered to be a companion to the International Building Code (IBC) which also has been
adopted, as amended, by the State. The ICC provides a total package of codes (Building, Fire,
Residential, Mechanical, etc.) that are intended to provide a complete, comprehensive and
compatible set of codes. Adopting the MSFC (2007) and the proposed modifications to the
City's ordinances is consistent with the intent to establish minimum uniform requirements for
Minnesota & St. Anthony in order to be consistent with Minnesota laws and rules, as well as to
address fire safety concerns that are specific to the City of St. Anthony.
Overview. The City ordinances pertaining to Fire Prevention & Safety need to be updated
because of substantial changes made to the model national codes that are incorporated into
Minnesota's code. Additionally, technological advances, construction design & materials, and
methods have changed since the City last reviewed the code in 1990. The intent is to provide
an up -to -date code that will achieve a reasonable degree of safety to life and property. This will
allow the use of modern methods and devices which tends to lower construction and
maintenance costs.
A number of amendments are being proposed to be adopted. Some are to make the fire code
both less complex and easier to enforce. Others are to delete obsolete language or add new
language not addressed in the MSFC (2007).
Consideration has been given to those persons affected who will bear the costs of the
proposed Fire Code. Property owners and managers are those who most frequently bear the
cost of fire code compliance. Due to the broad impact of the MSFC (2007), it has been
impossible for the State to identify all classes of persons who may be impacted from a cost
standpoint. The State made an attempt during the development of the MSFC to minimize the
fiscal impact while still maintaining a reasonable level of safety to life and property.
1
Fire Code & Pertinent Ordinance Adoption
Staff Report
Persons who will benefit from the proposed Fire Code have also been identified. Persons who
may benefit need to be considered from a global perspective, since the MSFC (2007) is
intended to establish minimum uniform fire and life safety standards that apply throughout the
State. The taxpayers and residents of St. Anthony benefit through the reduction of fire loss and
its associated impact; i.e., higher taxes, loss of tax base, decay of community, etc. The fire
service benefits by not only being able to control its fire safety concerns through fire prevention
but also by having provisions available that assist with fire fighting operations and firefighter
safety; i.e., fire department access & water supply, sprinklers & standpipes, controls on
hazardous materials, etc.
The insurance industry potentially benefits through reduced fire losses. In the long term, these
reductions can result in lower insurance premiums to the insured.
The fire protection industry, sprinkler & fire alarm companies, also may benefit from the
adoption of the MSFC (2007).
Design professionals, i.e., architects and engineers, may benefit by having a uniform set of
minimum design standards that apply throughout the state. In addition, there is some benefit to
the construction industry, which is often called upon to make the physical repairs required by
the various provisions of the fire code.
Occupants, residents and guests also benefit from an enhanced level of fire and life safety in
the various buildings and premises they frequent, live, stay and work.
The St. Anthony Fire Department will incur some costs for the implementation of the MSFC
(2007). These costs will relate to the purchase of the code books and training of staff. The cost
of the code books is estimated to be less than $900. The estimated cost for training the
inspectors is $700.00. There will also be several hundred hours in staff time updating and
amending code references in various policies, inspection reports and inspection software.
Other City departments will be impacted by the MSFC (2007). However, since the City has
recently constructed a majority of its buildings, i.e., Liquor stores, Public Works and Fire
Station, these buildings should already be in conformance and will only require the maintaining
of their fire safety features.
The proposed MSFC (2007) includes the permitting process for certain operational or
construction activities. This proposal includes establishing fees for those permits. There will be
an increase in City revenue due to those permits. The fee structure and potential revenue are
yet to be calculated. Further research with the Finance Director and other City staff is required.
The State Fire Marshal also considered the fiscal impact to adopt the MSFC (2007). This fiscal
impact deals with the probable costs of compliance and the probable costs or consequences of
non - compliance. These topics are related and somewhat intertwined. It is difficult, if not
impossible, to assign a cost/benefit to preventing an incident from occurring or, if one does
occur, keeping the amount of damage and potential for death or serious injury to a minimum.
FA
Fire Code & Pertinent Ordinance Adoption
Staff Report
While there will be costs of complying with the proposed MSFC (2007), these costs are
expected to be fairly limited. Again, the intent is to lessen the fiscal impact while still
maintaining an acceptable minimum level of fire and life safety.
The costs of not complying are just as difficult to identify. There are three main goals of the
MSFC (2007) and fire prevention in general: life safety, property protection, and protection of
the properties' mission (maintaining the continuity of operations). According to national
statistics, most businesses that experience a serious fire do not rebuild on the same site. In
addition, Minnesota state law allows such properties to be assessed taxes at a lower rate
(similar to undeveloped land). Based on these considerations, fire prevention also helps
prevent the erosion of the local tax base and keeps employers operating within the city.
Fire prevention efforts must be looked upon as a long -term investment and measured over
time. Comparisons can be made to other health and safety campaigns that have taken
decades to show effectiveness. Seat belt usage, smoking cessation and discouraging drunk
driving are examples of long -term campaigns.
The fiscal impact to the property owner versus the taxpayer or community at large is
considered. While the MSFC (2007) does impose requirements that may be costly to the
individual property owner, it does so not only to protect those individuals and persons
occupying the property, but also to ultimately reduce the burden of fire protection on the
community as a whole. The question becomes: Is it in the best interests of the city to, for
example, require that a property owner provide automatic fire sprinkler protection for a newly
constructed building instead of having the taxpayers of the city pay for enhancements to the
city's infrastructure (more hydrants & larger water mains) and response capabilities (more
stations, apparatus and firefighters)? The adoption of the MSFC also places all cities on a
more level playing field as no matter where the structure is to be built; the fire code is the
same.
The proposed changes to the city ordinances are shown on Attachment B.
9
ATTACHEMENT B
Proposed modifications to City of St. Anthony Ordinances pertaining to
Fire Prevention & Safety
Existing language that is to be removed or replaced is shown with stRkethrough.
Language that is proposed to be added is shown as double underline.
Explanatory notes are shown as smaller case & italics.
Page 5 of 18
315.05 Fire Department.
Subd. 1. Responsibilities. The Fire Department will be responsible for fire, and life safety and fire
protection for the City in accordance with the Constitutions and laws of the United States and the
State of Minnesota, and this Code and other official acts of the City.
As the current ordinance is written, the City Council has authorized the Fire Department to perform duties specifically
related to fire related actions. Basically, these types of ordinances were enacted before the role and scope of fire
departments included EMS response. This new type of authorization has been recommended by various fire
organizations and the League has addressed this issue.
Page 6 of 18
Section 615.06 — OTHER LICENSE FEES
The 2007 MSFC allows construction and operational permits to be issued for certain functions that
require additional review and scrutiny by the Fire Prevention Bureau.
The Fire Marshal has reviewed the listed operational & construction permits listed in Section 105.6&
105.7 of the A MFC (07) and has determined all listed permits should be required. The required permits
are listed on Attachment A. The operations listed are over and above those operations found in a typical
business, have additional hazards connected to them requiring special attention and additional staff
hours are required for inspections, plan reviews, etc. Requiring permits ensures that conditions of the
Code requirements are met but more importantly, to ensure that the Fire Department is aware of
hazardous conditions that could develop. It is typical for Operational `permits to be assigned a flat fee
and `Construction' permits are based on the valuation of the project. Some municipalities incorporate
the `Construction' fee into the basic Building Permit fee while others have a separate fee dedicated to
the Fire Department.
The fee structure should include a penalty or provision for not obtaining a permit prior to
commencement of the construction or operation. This is similar to other cities requirements. Experience
shows that it is more dicult to gain compliance of the Building & Fire Codes once operations
commence & generally require more involvement of lawyers, city staff && the City Council. A typical
penalty is 1 % to 2 times the usual permit fee.
The fee structure should include provisions to include fees for additional fire prevention inspections for
noncompliance after a 2"d reinspection. It is the philosophy of the Fire Prevention team that we will
inform you of a deficiency, give reasonable time to correct and check for compliance. If we come out
and find non - compliance, we give an extension to correct and will come out and recheck but at a cost.
The building owner can contact the Fire Prevention team prior to the first reinspection and request an
extension. Each request is evaluated on a case by case basis and considered per standards & protocols
adopted from the State Fire Marshal. A reinspection fee further enhances the desire of the building
owner to comply.
The current City Code requires permits to be issued for a term of one year. There are certain
construction & operational permits that are issued for a time period of less than a year. Provisions need
to be made to allow for these permits. Also, city code requires permits to be issued at a particular date
each year, i.e., June 30, Dec. 31, etc. The fire permits should be able to expire /renew on a more flexible
schedule. It is impossible for the inspectors to conduct all the inspections & paperwork in one month.
Page 7 of IS
Section 1325 - UNIFORM FIRE CODE
1325.01 Definitions. For purposes of this Section and the Fire Prevention Code hereby established,
the following terms shall have the stated meanings:
All reference to the MUFC need to be changed as the MUFC is a totally separate & copyrighted document no longer
accepted by the State.
Subd. 2. Code. The Fire Prevention Code of the City of St. Anthony, which includes the MI IFC
MSFC and any amendments and modifications contained in this Section.
Subd. 3. Bureau. The St. Anthony Bureau of Fire Prevention.
Subd. 4. Corporate Counsel. The City Attorney.
Subd. 5. Chief of the Bureau of Fire Prevention. The St. Anthony Fire Marshal.
Subd. 6. Fire Chief. The Chief of the Fire Department of the City of St. Anthony.
GAMmernOFat"ve purposes in eenneGtinn with the Christmas spnsnp
it Christmas DengwatiGns Any eleGtFiGal lights OF Other eleGtFinal rip-Gorafion
used alorip or in
ChFi rr
SUBD. 7— 9 should be deleted. The MSFC addresses this issue in Section 806,
New SUBD. 7 to be added.
1325.02 Fire Prevention Code.
Subd. 1. Adoption. The MlI€S MSFC, except as hereinafter modified or changed, is adopted
as the City's Fire Prevention Code and shall be applicable within the City of St Anthony.
a. MSFC 105.6.30 - the exception for recreational fires is deleted
b. MSFC 111.4 - the amount of the fine shall be $
Page 8 of 18
c. MSFC Section 202 --add definition for CAMPFIRE Campfire shall have the meaning
Marshal.
This is being amended so that both the City ordinance and the MSFC are identical.
e.
Changing the MSFC will conform to existing language in the City ordinance. This will provide a 3 dimensional
clearance around hydrants. There have been issues where vegetation has grown adjacent to a hydrant outside of
the circumference but the branches droop over the top thereby obscuring the hydrant.
Page 9 of 18
reouirea or aoprovea.
Subd. 2. Copies on File. Copies of the MLJFG MSFC are on file with the Bureau and are available for
public inspection.
1325.03 Bureau of Fire Prevention.
Subd. 1. Enforcement. The Code will be enforced by the Bureau under the supervision of the
Fire Chief.
InspeGtors to the -wre-a-U.
Delete Subd. 2 as it is contradictory with 1325- 04, Subd. 2.
1325.04 Fire Marshal.
Subd. 1. Office of Fire Marshal. There is hereby established as part of the Fire Department, the
'Office of Fire Marshal', which will be operated under the supervision of the Fire Chief.
Subd. 2. Members.
La The Fire Chief will designate one qualified member of the City's fire fighters as Fire
Marshal.
KThe Fire Chief may assign members of the Fire Department to the Bureau as "Inspectors"
as the chief deems necessary to assist in carrying out the duties of the Office of Fire Marshal.
Subd. 3. Duties. The Fire Marshal will be responsible for enforcement of the Code.
Subd. 4. Reports. The City Fire Marshal will submit a written report to the City Manager in
March of each year. The report must contain all proceedings undertaken by the Office of Fire
Marshal under the Code during the preceding calendar year. This report may include any
statistics as the Fire Chief or City Manager desires.
Page 10 of 18
1325.05 Establishment of Various Districts Routes and Fire Lanes.
Subd. 1. Flammable Liquids. The limits referred to in the MUFC MSFC in which storage of
flammable liquids in outside aboveground tanks is prohibited, will include the- entife -Gity those
areas of Zones R and R/O
The current ordinance language prohibits the storage of flammable liquids within the entire City. The technology,
codes & fire experience have changed since this language was enacted and most of these types of storage are now
allowed with restrictions It is recommended to allow this type of storage in areas Zoned 1, L -I and C.
Subd. 2. Routes for Vehicles Transporting Explosives. The routes referred to in the Mt1€G
MSFC for vehicles transporting explosives and blasting agents, are hereby established as
follows:
(a) Hennepin County Highway 88
(b) County Road C, east of Hennepin County Highway 88
(c) Anthony Lane.
Subd. 3. Routes for Vehicles Transporting Hazardous Chemicals. Motor vehicle routes for
vehicles transporting hazardous chemicals or dangerous articles, as described in the Mt I€C
MSFC, are hereby established as follows:
(a) Hennepin County Highway 88
(b) County Road C, east of Hennepin County Highway 88
(c) Anthony Lane.
1325.06 Fire Lanes.
Subd. 1. Orders Establishing. The Fire Marshal may order the establishment of fire lanes on public or
private property as may be necessary for travel of fire or emerpencv equipment and access to fire
hydrants protection devices or buildings. When a fire lane has been ordered to be established, it shall
be marked by a-sign signage and oaintinq of curbs anti rnnriwavc �1 1114in- +,. a... _._ ..
." If there is a curb in the fire lane, it must be painted
yellow. The Fire Marshal may require the fire lane to be outlined in yellow on the pavement. When the
fire lane is on public property or a public right -of -way, the sign or signs will be erected by the City.
When the fire lane is on private property, the sign or signs will be erected by the owner at the owner's
expense as directed by the Fire Chief. The signs must be erected within 30 days after notice of the
order.
Subd. 2. Obstruction; Impoundment. No person may leave a vehicle or other object unattended or
otherwise occupy or obstruct a fire lane. When any motor vehicle or other object occupies or
obstructs any duly designated fire lane in a manner inconsistent with the land's intended use for fire
protection purposes, or prevents access to any fire hydrant or fire protection device in the normal and
usual manner by fire protection personnel and equipment; the Fire Marshal or Police Department
personnel may order the introdaetisn impoundment of the vehicle or other obiect, a#ef- fnakinga
lane. No vehicle impounded pursuant to the provisions of this
Section may be released until a release is obtained from the Police Department and all towing and
storing charges have been paid.
Page 11 of 18
The term `or other object' needs to be included as there have been situations where dumpsters and semi- trailers have
been placed next to hydrants. Current language does not prohibit this placement as these things do not meet the statutory
definition of a motor vehicle.
The term `fire protection device' needs to be added to prevent the obstruction these devices and not just hydrants.
1325 07 Ch
. 1325.07 --(reserved)
boo 0 11 1
MIMI IN
Mar
This section should be deleted as it is discriminatory. Additionally, the intent of this section is now covered by Sections
806 and 807 of the MSFC in greater detail.
1325.08 Parking Near Fire Equipment. No person may park any vehicle or place any material or other
obstruction within 20 feet of the entrance to any fire station or within 10 feet of any fire hydrant or fire
sisters protection device. Nor may any person park any vehicle within 300 feet of a place where a fire
requiring fire fighting by the Fire Department is in progress.
1325.09 Protection of Fire Hoses. No person may drive any vehicle over a fire hose, except upon
specific orders from a member of the Police or Fire Departments of the City, and then only with due
caution.
1325.10 Interference with Fire Department Duties. No unauthorized person may ride upon, race with,
trail or follow within 300 feet of, any apparatus belonging to the Fire Department when such
apparatus is actively responding to an emergency call.
1325.11 Address Numhpps Rpe d On Q .id. .Premises Identification
Subd. 1 Each owner of a building one or two family dwelling in the City must post the correct street or
avenue number of the building in a conspicuous place both on the front and rear of the building in
accordance with this Section.
(a) House numbers must be in Arabic numerals, and of color contrasting to the building.
(b) Each numeral may be no less than 4 inches (40.en#metens 102 mm ) in height and no less
than % inch (TsARtknt-t„T 12.7 mm ) in stroke width.
Page 12 of 18
(c) A rear building posting will not be required unless an alley or other public access exists to
the rear of the lot or parcel on which the building is located.
(d) Front numerals must be posted on the building surface nearest the street or avenue nearest
the front of the building. These numerals must be at a height and position so that the numerals
can be easily read by a person of normal vision while seated in an emergency vehicle located in
the street.
(e) Rear numerals must be posted on the building surface nearest the alley or other rear public
access. The numerals must be at a height and position such that the numerals can be easily
read by a person of normal vision while seated in an emergency vehicle located in the alley or
other rear access.
It has become apparent that there are many structures of large size or in various locations that are removed from the road
and it is difficult for Police, Fire & Emergency personnel to ascertain a small address size. A 4 inch number on Wal -Mart is
not visible from Silver Lake Road. While St. Anthony personnel know most of the businesses, other responding agencies
do not Very often emergency personnel are dispatched to just the address without knowing the name of the business.
OPEN FLAME AND FUEL SYORAGE PROHIBITED
It is the recommendation of the Fire Marshal that, as part of the adoption of the MSFC, the City adopt Appendix H as
allowed. Amending 1325.12 to the above language is the same language as Appendix H, except for the exception, and
allows for easier enforcement.
1325.13 Permits Required. No person may, without first making application for (on forms provided
from the City), and obtaining, a permit; maintain, store or handle materials or conduct, process or
install equipment when a permit is required by the M13C MSFC for any such activity. A fee,
periodically determined by resolution of the Council, must be paid for each permit in accordance with
the conditions set forth in the ?§4UFG MSFC. All permits wifl may be issued for a period of m? to one
year, but may be renewed annually if the applicant meets the requirements of the AVJFG MSFC. The
Office of Fire Marshal may revoke a permit or approval issued if any violation of the Code is found
upon inspection, or if there has been any false statement or misrepresentation as to a material fact in
the application or plans on which the permit or approval was granted.
Page 13 of 18
Some permits are issued for terms of less than one year This language change will allow for permits to be issued for
various amounts of time as deemed necessary by the applicant or the Fire Prevention Bureau. There should be
consideration for a two year time period of certain permits. The Fire Marshal is open to either time period allowance.
1325.14 Appeals. If the Fire Marshal disapproves an application or refuses to grant a permit applied
for, or revokes a permit, or when it is claimed that the provisions of any part of the Code do not apply,
or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the
person or persons aggrieved may appeal the decision of the Fire Marshal to the City Council within
30 days after the date of the decision.
Section 1325.15 — MONITORING OF FIRE PROTECTION EQUIPMENT
to this section.
Subd. 1. Application of requirements This section shall apply rn rh f II
a) New fire alarm systems
b) Existing fire alarm systems when upgraded or expanded
c) New sprinkler systems with 20 or more sprinkler head
d) Existing sprinkler systems with 100 or more sprinkler heads
e) Existing sprinkler systems when Waraded or exnnnrleri by f
This section requires fire alarm monitoring agencies to meet minimum standards and criteria as established
by a recognized standards establishing agency. It has been found in other localities that this type of ordinance
has reduced the number erroneous andfalse alarms transmitted to the Fire Department. It also ensures that
the Fire Department is alerted to when systems are inoperative or being worked on.
Section 1325.16 — OPEN BURNING
Subd. 1. Definiti ns. For the purpose of this section the following definitions shall apply
Page 14 of 18
a.)
b.)
C.)
d.)
e.)
f.)
g•)
h.) "Campfire" has the same meaning as "Recreational Fire."
Subd. 2. Exemptions The followina types of open huming shall be m W f , uw bf ro v�vitjn•VUWlI gf
Su d. 1.
a.) R creational fires or camp fires subject to the provisions of 1325.16 Subd 11
b.) Firs purposely set under the supervi ion of the Fire Department for instr Ilion and training
c.) Fires for which a burning permit has been obtained
a.) Fires set for the elimination of a fire hazard which cann ot be abated by any other practical
means.
b.)
c.) Ground thawing for utility repair and qQn5truction.
Page 15 of 18
Subd. 4. Prohibited materials
a.)
b.)
Subd. 5. Procedure for Permit Issuance
a.) Application for a burning permit shall be submitted to the Fire Chief on a form or scribed by
b.)
N
d.)
Subd. 6. Denial of Permit.
a.) Application for a burning permit may be denied for any of the following rea ons
1. The proposed fire or burn site does not meet the requirements of this s ction
2. The Fire Chief. or desionee_ determinac that thpro i¢ n nrortiroi nifam�fi „e . .
3.
3
4
b.) The denial of any, application shall be in writing and shall state the reasons for the denial
Page 16 of 18
c.) Any person aggrieved by the denial of a burning permit may appeal that decision to the City
placement on the next available City Council agenda.
Subd. 7. Responsibilities of Permit Holder. The holder of any permit shall be responsible for the
following:
a.) Have a valid permit in possession at the burn site at all times during the burn.
b.) Prior to starting burn. confirming that no burning ban or air quality alert is in effect.
1. No burn shall occur when wind speed is in excess of 20m K
c.) Constant attendance by the permit holder or competent representative during a burning
event.
d.)
row
e.) Not allowing the fire to smolder.
f.)
g•)
a.) A Tire nazara exists or aeveiops auring me course Or Ine pum.
b.) Pollution or nuisance conditions develop during the course of the burn.
c.) The fire smolders with no flame present.
d.) Any of the conditions of the permit are violated during the course of the burn.
Agency has declared an air quality alert.
Subd. 10. Use of Burners Prohibited. No person shall use a burner within the City
Page 17 of 18
a.)
b.)
C.)
d.)
e.)
f.)
g•)
h.)
i.) The fire is not conducted within twenty five feet of a structure or combustible materials
j.) Any conditions that could cause a fire to spread within twenty five feet of a structure shall
k.)
Subd. 13. Severability. ff any sections, subsections, sentence, clause or phrase of this code section is
ubd. 14. Penally. Any person violating any provision of this section is guilty of a misdemeanor and
upon conviction shall be punished by a fine and/or imprisonment in accordance with law.
Page 18 of 18
Housing Code
Ordinance
Staff Report
To: Mike Morrison
From: John Malenick, Fire Chief
Date: Jan.18,2008
Re: Department of Property Maintenance and related Ordinance Changes
The establishment of the Department of Property Maintenance within the Fire
Department will require several steps and changes to our current city ordinances.
Primary to accomplishing this is the adoption of the International Property
Maintenance Code (IPMC). In addition, we are proposing a new section (1336) to our
ordinances that will specifically govern all rental residential property including single
family dwellings and amending our current Housing Maintenance ordinance (1335) to
govern all residential and commercial properties in regard to maintenance and
appearance.
To enforce these changes will require a more formal inspection program which
would be governed by the IPMC with regard to administration and procedure. A
Deputy Code Official will be required to perform annual inspections prior to the
approval of rental housing licenses. New in this process would be the review of
disorderly conduct violations and the ability to revoke licenses for non - compliance. In
addition, a new appeals process has been added to allow for erroneous interpretation
of our codes by inspectors, owners or occupants.
We are also proposing that this new department have a separate budget, controlled
by the Fire Chief, similar to the Emergency Management budget. Funding for this
budget could be derived from rental property licensing fees. Currently, our fee
structure is considerably lower than market rate and does not include single family or
duplex rental properties. In addition, the possibility exists to develop a fee structure
that would include leased land within manufactured home parks. At this time, a
phone survey of neighboring communities revealed that we would be breaking new
ground on this issue and that legal advice should be pursued prior to recommending
a fee schedule for leased land. Regardless, an increase in fees and the inclusion of
all rental property should be more than adequate to fund the new inspection
activities.
• Page 1
Included for your review are the changes for chapter 1335, the new proposed 1336
for rental property, a copy of the IPMC, a proposal for a rental property fee schedule
and a proposed budget for enforcement. I believe the next steps toward adopting
these changes should be a review by City Council, Planning Commission and legal
advisor prior to the formal introduction and readings at a council meeting.
Thank you for your consideration.
Staff involved: Kim Moore - Sykes, Barb Suciu, Rick Lundeen, John Malenick
Attachments:
- Proposed Sections 1335 — amends IPMC, some deleted sections referring to
rental property moved to section 1336, some deleted sections duplicated in
IPMC
- Proposed Section 1336 — amends and adds to IPMC
- International Property Maintenance Code 2006
- Proposed Rental Property Licensing Fee structure
- Proposed budget for Property Maintenance Department
• Page 2
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Ordinance Amendment
Section 1335 — HOUSING MAINTENANCE AND OCCUPANCY
1335.01 Puroose. 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 ofProVeM Maintenance Code. The International Property Maintenance
Code, 2006 edition, as published by the International Code Council, is adopted by reference in
its entirely, 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. Gemi3hane Enforcement Official. The City Manager and designated agents
authorized to administer and enforce this Section 1335.
Subd. 4. Com osh_ng. 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 erator. 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. 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 Harbor. 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. Intemretation. 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.
1/4/2008 13 -3
Section 1335.07 Refuse and Rec clables. 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.
of the oA%er. if ifffeg
or ether fnatefiais
--O"fOVide feed for- r-edents.
S'iPPilnn 1ZZG to D ..:1.'1' C n
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Y
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!.
Section 1335.13 Removal of Snow t
Ie-
Dfives. E,
illaifltRin All
Findlef
1/4/2008 13 -4
Subd. 8. Sumj2 Pumps.
(a) Pu ose. 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
flip
Subd. 8. Sumj2 Pumps.
(a) Pu ose. 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 -Reins ection. 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.
1/4/2008 13 -7
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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:
1/4/2008 13 -8
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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. Aeeessefy stFuetufes --lied i... the .-•-___-
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ter resistant e34erier using deeay resistant materials sueb as paint or
mss. 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. 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 Eemplienee 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 one(]) 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.
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1— 2 Occupants 3 — 5 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
Siibd 7 One Fafnily e.. Household, Not more thane one family or heuseholA exeept c
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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 ofIPMC)
1/4/2008 13 -11
1336.00 Rental Dwelling
Subd. 1. PuIpose. 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 Building. 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. Com o� sting. Accumulation of yard waste to be decomposed
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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 erator. 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 1336 to the same extent as the owner.
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Subd. 17. Permissible Occ^pancy. 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. Recvclables. 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. Rem. 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. Sup lied. Paid, furnished or provided by, or under the control of, an owner or
operator.
Subd. 28. InteMretation. 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.
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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
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
Subd. 8. Register of Occupancy. 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 Inspections. 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.
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.
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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. I 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. Anneal. 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 III of
IPMQ
1336.11 HEARING PROCEDURE.
Subd. 1. Scheduling of Hearing. 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 Occunancv. 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. Anneal. An owner may appeal the decision of the City Council as
allowed under City Ordinance 13 36. 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 FamilyO
INTERNATIONAL
PROPERTY
MAINTENANCE
CODE "'
INTERNATIONAL
CODE COUNCIL®
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 Codes, 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 11 <ldland -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 foram provides an excellent arena to debate proposed revisions. This model code also encourages international
consistency in the application of provisions.
Development
The fast edition of the International Property Maintenance Code (1998) was the culmination of an effort initiated in 1996 by acode
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 (ICBO) 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®
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 ATTHE PRESENTTIME SO THATTHEY 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 act or ordinance hereby repeated as cited in Section 3 of this ordinance; nor shall any just or legal
any character be lost, impaired or affected by this ordinance. right or remedy of
Section 6. That the [JURISDICTION'S KEEPER OF RECORDS) is hereby ordered and directed to cause this ordinance to be published.
additional provision may be required
in a newspaper in to direct the number of times the ordinance is to be published and to specify that it is to be
in a 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 PERIODI from and after the date of its final passage and adoption.
vi
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE"
TABLE OF CONTENTS
CHAPTER 1 ADMINISTRATION ............... 1
Section
101
General ..... ..............................1
102
Applicability ..............................1
15
103
Department of Property Maintenance
9
304
Inspection . ..............................1
10
104
Duties and Powers of the Code Official.........
2
105
Approval .... ..............................2
11
106
Violations ... ..............................2
17
107
Notices and Orders .........................3
601
108
Unsafe Structures and Equipment .............
3
109
Emergency Measures ........................
4
110
Demolit ion .. ..............................4
604
111
Means of Appeal ...........................
5
CHAPTER 2 DEFINITIONS .................... 7
Section
201 General ..... ..............................7
202 General Definitions .........................7
CHAPTER 3 GENERAL REQUIREMENTS ...... 9
Section
301
General ..... ..............................9
302
Exterior Property Areas ......................9
15
303
Swimming Pools, Spas and Hot Tabs...........
9
304
Exterior Structure .........................
10
305
Interior Structure ..........................11
306
Handrails and Guardrails ...................
11
307
Rubbish and Garbage ......................11
17
308
Extermination .............................11
601
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
503
Toilet Rooms .............................15
504
Plumbing Systems and Fixtures ..............
15
505
Water System .............................15
506
Sanitary Drainage System ...................
16
507
Storm Drainage ...........................16
CHAPTER
6 MECHANICAL AND ELECTRICAL
REQUIREMENTS ................
17
Section
601
General ..... .............................17
602
Heating Facilities ..........................17
603
Mechanical Equipment .....................
17
604
Electrical Facilities ........................
17
605
Electrical Equipment .......................
18
606
Elevators, Escalators and Dumbwaiters ........
18
607
Duct Systems .............................18
CHAPTER 7 FIRE SAFETY
REQUIREMENTS ................ 19
Section
701 General ..... .............................19
702 Means of Egress ........................... 19
703 Fire- Resistance Ratings ..................... 19
704 Fire Protection Systems ..................... 19
CHAPTER8
STANDARDS ...... 21
INDEX ........... .............................23
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® vii
CHAPTERI
ADMINISTRATION
SECTION 101
GENERAL
101.1 Title. These regulations shall be known as the Property
Maintenance Code of [NAME OF YMSDICriONj, hereinafter
referred to as "this code."
101.2 Scope. The provisions of this code shall apply to all
existing residential and nonresidential structures and all exist-
ing premises and constitute minimum requirements and stan-
dards for premises, structures, equipment and facilities for
light, ventilation, space, heating, sanitation, protection from
the elements, life safety, safety from fire and other hazards, and
for safe and sanitary maintenance; the responsibility of owners,
operators and occupants; the occupancy of existing structures
and premises, and for administration, enforcement and penal-
ties.
101.3 Intent. This code shall be construed to secure its
expressed intent, which is to ensure public health, safety and
welfare in so far as they are affected by the continued occu-
pancy and maintenance of structures and premises. Existing
structures and premises that do not comply with these provi-
sions shall be altered or repaired to provide a minimum level of
health and safety as required herein.
y
101.4 Severability. If a section, subsection, sentence, clause or
phrase of this code is, for any reason, held to be unconstitu-
tional, such decision shall not affect the validity of the remain-
ing portions of this code.
SECTION 102
APPLICABILITY
102.1 General. The provisions of this code shall apply to all
matters affecting or relating to structures and premises, as set
forth in Section 101. Where, in a specific case, different sec-
tions of this code specify different requirements, the most
restrictive shall govern.
102.2 Maintenance. Equipment, systems, devices and safe-
guards required by this code or a previous regulation or code
under which the structure or premises was constructed, altered
or repaired shall be maintained in good working order. No
owner, operator or occupant shall cause any service, facility,
equipment or utility which is required under this section to be
removed from or shut off from or discontinued for any occu-
pied dwelling, except for such temporary interruption as neces-
sary while repairs or alterations are in progress. The
requirements of this code are not intended to provide the basis
for removal or abrogation of fire protection and safety systems
and devices in existing structures. Except as otherwise speci-
fied herein, the owner or the owner's designated agent shall be
responsible for the maintenance of buildings, structures and
premises.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE*
102.3 Application of other codes. Repairs, additions or alter-
ations to a structure, or changes of.occupancy, shall be done in
accordance with the procedures and provisions of the Interna-
tional Building Code, International Fuel Gas Code, Interna-
tional Mechanical Code and the ICC Electrical Code. Nothing
in this code shall be construed to cancel, modify or set aside any
provision of the International Zoning Code.
102A Existing remedies. The provisions in this code shall not
be construed to abolish or impair existing remedies of the juris-
diction or its officers or agencies relating to the removal or
demolition of any structure which is dangerous, unsafe and
insanitary.
1025 Workmanship. Repairs, maintenance work, alterations
or installations which are caused directly or indirectly by the
enforcement of this code shall be executed and installed in a
workmanlike manner and installed in accordance with the
manufacturer's installation instructions.
102.6 Historic buildings. The provisions of this code shall not
be mandatory for existing buildings or structures designated as
historic buildings when such buildings or structures are judged
by the code official to be safe and in the public interest of
health, safety and welfare.
102.7 Referenced codes and standards. The codes and stan-
dards referenced in this code shall be those that are listed in
Chapter 8 and considered part of the requirements 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.
102.8 Requirements not covered by code. Requirements nec-
essary for the strength, stability or proper operation of an exist-
ing fixture, structure or equipment, or for the public safety,
health and general welfare, not specifically covered by this
code, shall be determined by the code official.
SECTION 103
DEPARTMENT OF PROPERTY
MAINTENANCE INSPECTION
103.1 General. The department of property maintenance
inspection is hereby created and the executive official in charge
thereof shall be known as the code official.
103.2 Appointment. The code official shall be appointed by
the chief appointing authority of the jurisdiction; and the code
official shall not be removed from office except for cause and
after full opportunity to be heard on specific and relevant
charges by and before the appointing authority.
103.3 Deputies. In accordance with the prescribed procedures
of this jurisdiction and with the concurrence of the appointing
authority, the code official shall have the authority to appoint a
deputy code official, other related technical officers, inspectors
and other employees.
ADMINISTRATION
103.4 Liability. The code official, officer or employee charged
with the enforcement of this code, while acting for the jurisdic-
tion, shall not thereby be rendered liable personally, and is
hereby relieved from all personal liability for any damage
accruing to persons or property as a result of an act required or
Permitted in the discharge of official duties.
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
be defended by the legal representative of the jurisdiction until SECTION 105
the final termination of the proceedings. lye code official or 105.1 Modifications. WhenevRerOthAere 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 instimted in pursuance of the provisions of official shall have the authori ty to grant modifications for indi-
thiscode; and any officer of the department ofproperty mainte- vidual cases, provided the code official shall first find that spe-
nanceinspection, acting in good faith and wititout 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 fn compliance with the
sions or by reason of any act or omtission in the performance of intent and purpose of this code and that such modification does
official duties in connection therewith,
103.5 Fees. The fees for activities and services performed by not lessen health, life and fire safety requirements. The details
of action granting modifications shall be recorded and entered
the department in carrying out its responsibilities under this 1° the department ides.
code shall be as indicated in the following schedule. 105.2 Alternative materials, methods and equipment. The
[JURISDICTION TO INSERT APPROPRIATE SCHEDULE.] provisions of this code are not intended to prevent the in
tion of any material or to prohibit stalla-
any method of construction
not specifically prescribed by this code, provided that any such
alternative has been approved. An alternative material or
method of construction shall be approved where the code offi-
cial finds that the proposed design is satisfactory and complies
with the intent of the provisions of this code, and that the mate-
rial, method or work offered is, for the purpose intended, at
least the equivalent of that prescribed in this code in quality ,
strength, effectiveness, fire resistance, durability and safety.
105.3 Required testing. Whenever there is insufficient evi-
dence of compliance with the provisions of this code, or evi-
dence that a material or method does not conform to the
requirements of this code, or in order to substantiate claims for
alternative materials ormethods, the code official shall have the
authority to require tests to be made as evidence of compliance
at no expense to the jurisdiction.
1053.1 Test methods. Test methods shall be as specified in
this code or by other recognized test standards. In the
absence of recognized and accepted test methods, the code
Official shall be permitted to approve appropriate testing
Procedures performed by an approved agency.
105.3.2 Test reports. Reports of tests shall be retained by
the code official for the period required for retention of pub-
lic records.
104.7 Department records. The code official shall keep offi_
cial records of all business and activities of the department
specified in the provisions of this code. Such records shall be
retained in the official records as long as the building or struc-
re to which such records relate remains in existence, unl
tu ess
otherwise provided for by other regulations.
SECTION
DUTIES AND POWERS OF THE CODE OFFICIAL
104.1 General. The code official shall enforce the provisions
of this code.
104.2 Rule- making authority. The code official shall have
authority as necessary in the interest of public health, safety
dues; to interprewelfare, d mplementtheprov ions Ofthisc code;
secure the intent thereof; and to designate requirements appli-
cable because of local climatic or other conditions. Such rules
shall not have the effect of waiving stractural or fire perfor-
mancerequirements specifically provided for in this code, or of
violating accepted engineering methods involving public
safety.
104.3 Inspections. The code official shall make all of the
required inspections, or shall accept reports of inspection by
approved agencies or individuals. All reports of such inspec-
tions shall be in writing and be certified by a responsible officer
of such approved agency or by the responsible individual. The
code official is authorized to engage such expert opinion as
deemed necessary to report upon unusual technical issues that
arise, subject to the approval of the appointing authority.
104.4 Right of entry. The code official is authorized to enter
the structure or premises at reasonable times to inspect subject
to constitutional restrictions on unreasonable searches and sei-
zures. If entry is refused. or not obtained, the code official is
authorized to pursue recourse as provided by law.
104.5 Identification. The code official shall carry proper iden-
tification when inspecting structures or premises in the perfor-
mance of duties under this code.
104.6 Notices and orders. The code official shall issue all nec-
essary notices or orders to ensure compliance with this code.
105.4 Material and equipment reuse. Materials, equipment
and devices shall not be reused unless such elements are in
good repair or have been reconditioned and tested when neces-
sary, placed in good and proper working condition and
approved.
SECTION 106
VIOLATIONS
106.1 Unlawful acts. It shall be unlawful for a person, turn or
corporation to be in conflict with or in violation of any of the
provisions of this code.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
106.2 Notice of violation. The code official shall serve a notice
of violation or order in accordance with Section 107.
106.3 Prosecution of violation. Any person failing to comply
with a notice of violation or order served in accordance with
Section 107 shall be deemed guilty of a misdemeanor or civil
infraction as determined by the local municipality, and the vio-
lation shall be deemed a strict liability offense. If the notice of
violation is not complied with, the code official shall institute
the appropriate proceeding at law or in equity to restrain, cor-
rect or abate such violation, or to require the removal or termi-
nation of the unlawful occupancy of the structure in violation
of the provisions of this code or of the order or direction made
pursuant thereto. Any action taken by the authority having
jurisdiction on such premises shall be charged against the real
estate upon which the structure is located and shall be a hen
upon such real estate.
106.4 Violation penalties. Any person who shall violate a pro-
vision of this code, or fail to comply therewith, or with any of
the requirements thereof, shall be prosecuted within the limits
provided by state or local laws. Each day that a violation con-
tinues after due notice has been served shall be deemed a sepa-
rate offense.
106.5 Abatement of violation. The imposition of the penalties
herein prescribed shall not preclude the legal officer of the
jurisdiction from instituting appropriate action to restrain, cor-
rect or abate a violation, or to prevent illegal occupancy, of a
building, structure or premises, or to stop an illegal act, con-
duct, business or utilization of the building, structure or pre-
mises.
SECTION 107
NOTICES AND ORDERS
107.1 Notice to person responsible. Whenever the code offi-
cial determines that there has been a violation of this code or
has grounds to believe that a violation has occurred, notice
shall be given in the manner prescribed in Sections 107.2 and
107.3 to the person responsible for the violation as specified in
this code. Notices for condemnation procedures shall also
comply with Section 108.3.
107.2 Form. Such notice prescribed in Section 107.1 shall be
in accordance with all of the following:
1. Be in writing.
2. Include a description of the real estate sufficient for iden-
tification.
3. Include a statement of the violation or violations and why
the notice is being issued.
4. Include a correction order allowing a reasonable time to
make the repairs and improvements required to bring the
dwelling unit or structure into compliance with the pro-
visions of this code.
5. Inform the property owner of the right to appeal.
6. Include a statement of the right to file a lien in accordance
with Section 106.3.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE"
ADMINISTRATION
1073 Method of service. Such notice shall be deemed to be
properly served if a copy thereof is:
1. Delivered personally;
2. Sent by certified or first -class mail addressed to the last
known address; or
3. If the notice is returned showing that the letter was not
delivered, a copy thereof shall be posted in a conspicu-
ous place in or about the structure affected by such
notice.
107A Penalties. Penalties for noncompliance with orders and
notices shall be as set forth in Section 106.4.
107.5 Transfer of ownership. It shall be unlawful for the
owner of any dwelling unit or structure who has received a
compliance order or upon whom a notice of violation has been
served to sell, transfer, mortgage, lease or otherwise dispose of
such dwelling unit or structure to another until the provisions
of the compliance order or notice of violation have been com-
plied with, or until such owner shall first furnish the grantee,
transferee, mortgagee or lessee a true copy of any compliance
order or notice of violation issued by the code official and shall
furnish to the code official a signed and notarized statement
from the grantee, transferee, mortgagee or lessee; acknowledg-
ing the receipt of such compliance order or notice of violation
and fully accepting the responsibility without condition for
making the corrections or repairs required by such compliance
order or notice of violation.
SECTION 108
UNSAFE STRUCTURES AND EQUIPMENT
108.1 General. When a structure or equipment is found by the
code official to be unsafe, or when a structure is found unfit for
human occupancy, or is found unlawful, such structure shall be
condemned pursuant to the provisions of this code.
108.1.1 Unsafe structures. An unsafe structure is one that
is found to be dangerous to the life, health, property or
safety of the public or the occupants of the structure by not
providing minimum safeguards to protect or warn occu-
pants in the event of fire, or because such structure contains
unsafe equipment or is so damaged, decayed, dilapidated,
structurally unsafe or of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
108.1.2 Unsafe equipment. Unsafe equipment includes
any boiler, heating equipment, elevator, moving stairway,
electrical wiring or device, flammable liquid containers or
other equipment on the premises or within the structure
which is in such disrepair or condition that such equipment
is a hazard to life, health, property or safety of the public or
occupants of the premises or structure.
108.1.3 Structure unfit for human occupancy. A struc-
ture is unfit for human occupancy whenever the code offi-
cial finds that such structure is unsafe, unlawful or, because
of the degree to which the structure is in disrepair or lacks
maintenance, is insanitary, vermin or rat infested, contains
filth and contamination, or lacks ventilation, illumination,
ADMINISTRATION
sanitary or heating facilities or other essential equipment
required by this code, or because the location of the struc-
ture constitutes a hazard to the occupants of the structure or
to the public.
1083.4 Unlawful structure. An unlawful structure is one
found in whole or in part to be occupied by more persons
than permitted under this code, or was erected, altered or
occupied contrary to law.
108.2 Closing of vacant structures. If the structure is vacant
and unfit for human habitation and occupancy, and is not in
danger of structural collapse, the code official is authorized to
post a placard of condemnation on the premises and order the
structure closed up so as not to be an attractive nuisance. Upon
failure of the owner to close up the premises within the time
specified in the order, the code official shall cause the premises
to be closed and secured through any available public agency
or by contract or arrangement by private persons and the cost
thereof shall be charged against the real estate upon which the
structure is located and shall be a lien upon such real estate and
may be collected by any other legal resource.
108.3 Notice. Whenever the code official has condemned a
structure or equipment under the provisions of this section,
notice shall be posted in a conspicuous place in or about the
structure affected by such notice and served on the owner or the
person or persons responsible for the structure or equipment in
accordance with Section 107.3. If the notice pertains to equip-
ment, it shall also be placed on the condemned equipment. The
notice shall be in the form prescribed in Section 107.2.
108.4 Placarding. Upon failure of the owner or person respon-
sible to comply with the notice provisions within the time
given, the code official shall post on the premises or on defec-
tive equipment a placard bearing the word "Condemned" and a
statement of the penalties provided for occupying the premises,
operating the equipment or removing the placard.
108.4.1 Placard removal. The code official shall remove
the condemnation placard whenever the defect or defects
upon which the condemnation and placarding action were
based have been eliminated. Any person who defaces or
removes a condemnation placard without the approval of
the code official shall be subject to the penalties provided by
this code.
108.5 Prohibited occupancy. Any occupied structure con -
demned and placarded by the code official shall be vacated as
ordered by the code official. Any person who shall occupy a
placarded premises or shall operate placarded equipment, and
any owner or any person responsible forthe premises who shall
let anyone occupy a placarded premises or operate placarded
equipment shall be liable for the penalties provided by this
code.
SECTION 109
EMERGENCY MEASURES
109.1 Imminent danger. When, in the opinion of the code offi-
cial, there is imminent danger of failure or collapse of a build-
ing or structure which endangers life, or when any structure or
part of a structure has fallen and life is endangered by the occu-
pation of the structure, or when there is actual or potential dan-
ger to the building occupants or those in the proximity of any
structure because of explosives, explosive fumes or vapors or
the presence of toxic fumes, gases or materials, or operation of
defective or dangerous equipment, the code official is hereby
authorized and empowered to order and require the occupants
to vacate the premises forthwith. The code official shall cause
to be posted at each entrance"to such structure a notice reading
as follows: "This Structure Is Unsafe and Its Occupancy Has
Been Prohibited by the Code Official." It shall be unlawful for
any person to enter such structure except for the purpose of
securing the structure, making the required repairs, removing
the hazardous condition or of demolishing the same.
109.2 Temporary safeguards. Notwithstanding other provi-
sions of this code, whenever, in the opinion of the code official,
there is imminent danger due to an unsafe condition, the code
official shall order the necessary work to be done, including the
boarding up of openings, to render such structure temporarily
safe whether or not the legal procedure herein described has
been instituted; and shall cause such other action to be taken as
the code official deems necessary to meet such emergency.
1093 Closing streets. When necessary for public safety, the
code official shall temporarily close structures and close, or
order the authority having jurisdiction to close, sidewalks,
streets, public ways and places adjacent to unsafe structures,
and prohibit the same from being utilized.
109.4 Emergency repairs. For the purposes of this section, the
code official shall employ the necessary labor and materials to
perform the required work as expeditiously as possible.
109.5 Costs of emergency repairs. Costs incurred in the per-
formance of emergency work shall be paid by the jurisdiction.
The legal counsel of the jurisdiction shall institute appropriate
action against the owner of the premises where the unsafe
structure is or was located for the recovery of such costs.
109.6 Hearing. Any person ordered to take emergency mea-
sures shall comply with such orderforthwith. Any affected per-
son shall thereafter, upon petition directed to the appeals board,
be afforded a hearing as described in this code.
SECTION 110
DEMOLITION
110.1 General. The code official shall order the owner of any
Premises upon which is located any structure, which in the code
Official's judgment is so old, dilapidated or has become so out
Of repair as to be dangerous, unsafe, insanitary or otherwise
unfit for human habitation or occupancy, and such that it is
unreasonable to repair the structure, to demolish and remove
such structure; or if such structure is capable of being made
safe by repairs, to repair and make safe and sanitary or to
demolish and remove at the owner's option; or where there has
been a cessation of normal construction of any structure for a
Period of more than two years, to demolish and remove such
structure.
110.2 Notices and orders. All notices and orders shall comply
with Section 107.
110.3 Failure to comply. If the owner of a premises fails to
comply with a demolition order within the time prescribed, the
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
code official shall cause the structure to be demolished and
removed, either through an available public agency or by con-
tract or arrangement with private persons, and the cost of such
demolition and removal shall be charged against the real estate
upon which the structure is located and shall be alien upon such
real estate.
110.4 Salvage materials. When any structure has been
ordered demolished and removed, the governing body or other
designated officer under said contract or arrangement aforesaid
shall have the right to sell the salvage and valuable materials at
the highest price obtainable. The net proceeds of such sale,
after deducting the expenses of such demolition and removal,
shall be promptly remitted with a report of such sale or transac-
tion, including the items of expense and the amounts deducted,
for the person who is entitled thereto, subject to any order of a
court. If such a surplus does not remain to be turned over, the
report shall so state.
SECTION 111
MEANS OF APPEAL
111.1 Application for appeal. Any person directly affected by
a decision of the code official or a notice or order issued under
this code shall have the right to appeal to the board of appeals,
provided that a written application for appeal is filed within 20
days after the day the decision, notice or order was served. An
application for appeal shall be based on a claim that the true
intent of this code or the rules legally adopted thereunder have
been incorrectly interpreted, the provisions of this code do not
fully apply, or the requirements of this code are adequately sat-
isfied by other means.
111.2 Membership of board. The board of appeals shall con-
sist of a minimum of three members who are qualified by expe-
rience and training to pass on matters pertaining to property
maintenance and who are not employees of the jurisdiction.
The code official shall be an ex- officio member but shall have
no vote on any matter before the board. The board shall be
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 ordisqualification 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.
111.23 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"
ADMINISTRATION
111.3 Notice of meeting. The board shall meet upon notice
from the chairman, within 20 days of the filing of an appeal, or
at stated periodic meetings.
111.4 Open hearing. All hearings before the board shall be
open to the public. The appellant, the appellant's representa-
tive, the code official and any person whose interests are
affected shall be given an opportunity to be heard. A quorum
shall consist of not less than two- thirds of the board member-
ship.
111.4.1 Procedure. The board shall adopt and make avail-
able to the public through the secretary procedures under
which a hearing will be conducted. The procedures shall not
require compliance with strict rules of evidence, but shall
mandate that only relevant information be received.
111.5 Postponed hearing. When the full board is not present
to hear an appeal, either the appellant or the appellant's repre-
sentative shall have the right to request a postponement of the
hearing.
111.6 Board decision. The board shall modify or reverse the
decision of the code official only by a concurring vote of a
majority of the total number of appointed board members.
111.6.1 Records and copies. The decision of the board
shall be recorded. Copies shall be furnished to the appellant
and to the code official.
111.6.2 Administration. The code official shall take imme-
diate action in accordance with the decision of the board.
111.7 Court review. Any person, whether or not a previous
party of the appeal, shall have the right to apply to the appropri-
ate court for a writ of certiorari to correct errors of law. Appli-
cation for review shall be made in the manner and time required
by law following the filing of the decision in the office of the
chief administrative officer.
111.5 Stays of enforcement. Appeals of notice and orders
(other than Imminent Danger notices) shall stay the enforce-
ment of the notice and order until the appeal is heard by the
appeals board.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
CHAPTER 2
DEFINITIONS
SECTION 201
GENERAL
201.1 Scope. Unless otherwise expressly stated, the following
terms shall, for the purposes of this code, have the meanings
shown in this chapter.
201.2 Interchangeability. Words stated in the present tense
include the future; words stated in the masculine gender
include the feminine and neuter; the singular number includes
the plural and the plural, the singular.
201.3 Terms defined in other codes. Where terms are not de-
fined in this code and are defined in the International Building
Code, International Fire Code, International Zoning Code, In-
ternational Plumbing Code, International Mechanical Code or
the ICC Electrical Code, such terms shall have the meanings
ascribed to them as stated in those codes.
201A Terms not defined. Where terms are not defined through
the methods authorized by this section, such terms shall have
ordinarily accepted meanings such as the context implies.
201.5 Parts. Whenever the words "dwelling unit," "dwelling,"
"premises," "building," "rooming house," "rooming unit"
"housekeeping unit" or "story" are stated in this code, they
shall be construed as though they were followed by the words
"or any part thereof"
SECTION 202
GENERAL DEFINITIONS
APPROVED. Approved by the code official.
BASEMENT. That portion of a building which is partly or
completely below grade.
BATHROOM. A room containing plumbing fixtures includ-
ing a bathtub or shower.
BEDROOM. Any room or space used or intended to be used
for sleeping purposes in either a dwelling or sleeping unit.
CODE OFFICIAL. The official who is charged with the
administration and enforcement of this code, or any duly
authorized representative.
CONDEMN. To adjudge unfit for occupancy.
[B] DWELLING UNIT. A single unit providing complete,
independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking and
sanitation.
EASEMENT. That portion of land or property reserved for
present or future use by a person or agency other than the legal
fee owner(s) of the property. The easement shall be permitted
to be for use under, on or above a said lot or lots.
EXTERIOR PROPERTY. The open space on the premises
and on adjoining property under the control of owners or opera-
tors of such premises.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
EXTERMINATION. The control and elimination of insects,
rats or other pests by eliminating their harborage places; by
removing or making inaccessible materials that serve as their
food; by poison spraying, fumigating, trapping or by any other
approved pest elimination methods.
GARBAGE. The animal or vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
GUARD. A building component or a system of building com-
ponents located at or near the open sides of elevated walking
surfaces that minimizes the possibility of a fall from the walk-
ing surface to a lower level.
HABITABLE SPACE. Space in a structure for living, sleep-
ing, eating or cooking. Bathrooms, toilet rooms, closets, halls,
storage or utility spaces, and similar areas are not considered
habitable spaces.
HOUSEKEEPING UNIT. A room or group of rooms form-
ing a single habitable space equipped and intended to be used
for living, sleeping, cooking and eating which does not contain,
within such a unit, a toilet, lavatory and bathtub or shower.
BVINIDVENT DANGER. A condition which could cause seri-
ous or life - threatening injury or death at any time.
INFESTATION. The presence, within or contiguous to, a
structure or premises of insects, rats, vermin or other pests.
INOPERABLE MOTOR VEHICLE. A vehicle which can-
not be driven upon the public streets for reason including but
not limited to being unlicensed, wrecked, abandoned, in a state
of disrepair, or incapable of being moved under its own power.
LABELED. Devices, equipment, appliances, or materials to
which has been affixed a label, seal, symbol or other identify-
ing mark of a nationally recognized testing laboratory, inspec-
tion agency or other organization concerned with product
evaluation that maintains periodic inspection of the production
of the above - labeled items and by whose label the manufac-
turer attests to compliance with applicable nationally recog-
nized standards.
LET FOR OCCUPANCY OR LET. To permit, provide or
offer possession or occupancy of a dwelling, dwelling unit,
rooming unit, building, premise or structure by a person who is
or is not the legal owner of record thereof, pursuant to a written
or unwritten lease, agreement or license, or pursuant to a
recorded or unrecorded agreement of contract for the sale of
land.
OCCUPANCY. The purpose for which a building or portion
thereof is utilized or occupied.
OCCUPANT. Any individual living or sleeping in a building,
or having possession of a space within a building.
OPENABLE AREA. That part of a window, skylight or door
which is available for unobstructed ventilation and which
opens directly to the outdoors.
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.
[Bj SLEEPING UNIT. A room or space in which people
sleep, which can also include permanent provisions for livin
eating and either sanitation or kitchen facilities, but not bothg, .
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, orfailed 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
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
CHAPTER 3
GENERAL REQUIREMENTS
SECTION 301
GENERAL
301.1 Scope. The provisions of this chapter shall govern the
minimum conditions and the responsibilities of persons for
maintenance of structures, equipment and exterior property.
301.2 Responsibility. The owner of the premises shall main-
tain the structures and exterior property in compliance with
these requirements, except as otherwise provided for in this
code. A person shall not occupy as owner - occupant or permit
another person to occupy premises which are not in a sanitary
and safe condition and which do not comply with the require-
ments of this chapter. Occupants of a dwelling unit, rooming
unit or housekeeping unit are responsible for keeping in a
clean, sanitary and safe condition that part of the dwelling unit,
rooming unit, housekeeping unit or premises which they
occupy and control.
301.3 Vacant structures and land. All vacant structures and
premises thereof or vacant land shall be maintained in a clean,
safe, secure and sanitary condition as provided herein so as not
to cause a blighting problem or adversely affect the public
health or safety.
SECTION 302
EXTERIOR PROPERTY AREAS
302.1 Sanitation. All exterior property and premises shall be
maintained in a clean, safe and sanitary condition. The occu-
pant shall keep that part of the exterior property which such
occupant occupies or controls in a clean and sanitary condition.
302.2 Grading and drainage. All premises shall be graded
and maintained to prevent the erosion of soil and to prevent the
accumulation of stagnant water thereon, or within any structure
located thereon.
Exception: Approved retention areas and reservoirs.
302.3 Sidewalks and driveways. All sidewalks, walkways,
stairs, driveways, parking spaces and similar areas shall be kept
in a proper state of repair, and maintained free from hazardous
conditions.
302.4 Weeds. All premises and exterior property shall be main-
tained free from weeds or plant growth in excess of (jurisdic-
tion to insert height in inches). All noxious weeds shall be
prohibited. Weeds shall be defined as all grasses, annual plants
and vegetation, other than trees or shrubs provided; however,
this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a prop-
erty to cut and destroy weeds after service of a notice of viola-
tion, they shall be subject to prosecution in accordance with
Section 106.3 and as prescribed by the authority having juris-
diction. Upon failure to comply with the notice of violation,
any duly authorized employee of the jurisdiction or contractor
hired by the jurisdiction shall be authorized to enter upon the
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
property in violation and cut and destroy the weeds growing
thereon, and the costs of such removal shall be paid by the
owner or agent responsible for the property.
302.5 Rodent harborage. All structures and exterior property
shall be keptfree from rodent harborage and infestation. Where
rodents are found, they shall be promptly exterminated by
approved processes which will not be injurious to human
health. After extermination, proper precautions shall be taken
to eliminate rodent harborage and prevent reinfestation.
302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers
shall not discharge gases, steam, vapor, hot air, grease, smoke,
odors or other gaseous or particulate wastes directly upon abut-
ting or adjacent public or private property or that of another
tenant.
302.7 Accessory structures. All accessory structures, includ-
ing detached garages, fences and walls, shall be maintained
structurally sound and in good repair.
302.8 Motor vehicles. Except as provided for in other regula-
tions, no inoperative or unlicensed motor vehicle shall be
parked, kept or stored on any premises, and no vehicle shall at
any time be in a state of major disassembly, disrepair, or iii-the,
process of being stripped or dismantled. Painting of vehicles rs:;:
prohibited unless conducted inside an approved spray bogt I.I.: .
Exception: A vehicle of any type is permitted to underi'
major overhaul, including body work, provided that such
work is performed inside a structure or similarly enclosed
area designed and approved for such purposes.
302.9 Defacement of property. No person shall willfully or
wantonly damage, mutilate or deface any exterior surface of
any structure or building on any private or public property by
placing thereon any marking, carving or graffiti.
It shall be the responsibility of the owner to restore said sur-
face to an approved state of maintenance and repair.
SECTION 303
SWIMMING POOLS, SPAS AND HOT TUBS
303.1 Swimming pools. Swimming pools shall be maintained
in a clean and sanitary condition, and in good repair.
303.2 Enclosures. Private swimming pools, hot tubs and spas,
containing water more than 24 inches (610 mm) in depth shall
be completely surrounded by a fence or barrier at least 48
inches (1219 mm) in height above the finished ground level
measured on the side of the barrier away from the pool. Gates
and doors in such barriers shall be self - closing and self- latch-
ing. Where the self - latching device is less than 54 inches (1372
mm) above the bottom of the gate, the release mechanism shall
be located on the pool side of the gate. Self - closing and self -
latching gates shall be maintained such that the gate will posi-
tively close and latch when released from an open position of 6
inches (152 mm) from the gatepost. No existing pool enclosure
GENERAL REQUIREMENTS
shall be removed, replaced or changed in a manner that reduces
its effectiveness as a safety barrier.
IException: Spas or hot tubs with a safety cover that com-
plies with ASTM F 1346 shall be exempt from the provi-
sions of this section.
SECTION 304
EXTERIOR STRUCTURE
304.1 General. The exterior of a structure shall be maintained
in good repair, structurally sound and sanitary so as not to pose
a threat to the public health, safety or welfare.
304.2 Protective treatment. All exterior surfaces, including
but not limited to, doors, door and window frames, cornices,
porches, trim, balconies, decks and fences shall be maintained
in good condition. Exterior wood surfaces, other than decay -
resistant woods, shall be protected from the elements and
decay by painting or other protective covering or treatment.
Peeling, flaking and chipped paint shall be eliminated and sur-
faces repainted. All siding and masonry joints as well as those
between the building envelope and the perimeter of windows,
doors, and skylights shall be maintained weather resistant and
water tight. All metal surfaces subject to rust or corrosion shall
be coated to inhibit such rust and corrosion and all surfaces
with rust or corrosion shall be stabilized and coated to inhibit
future rust and corrosion. Oxidation stains shall be removed
from exterior surfaces. Surfaces designed for stabilization by
oxidation are exempt from this requirement.
[F] 304.3 Premises identification. Buildings shall have
approved address numbers placed in a position to be plainly
legible and visible from the street or road fronting the property.
These numbers shall contrast with their background. Address
numbers shall be Arabic numerals or alphabet letters. Numbers
shall be aminimum of 4 inches (102 mm) high with a minimum
stroke width of 0.5 inch (12.7 nun).
304.4 Structural members. All structural members shall be
maintained free from deterioration, and shall be capable of
safely supporting the imposed dead and live loads.
304.5 Foundation walls. All foundation walls shall be main -
tainedplumb and free from open cracks and breaks and shall be
kept in such condition so as to prevent the entry of rodents and
other pests.
304.6 holes Exterior walls, All exterior walls shall be free from
holes, breaks, and loose or rotting materials; and maintained
weatherproof and properly surface coated where required to
prevent deterioration.
304.7 Roofs and drainage. The roof and flashing shall be
sound, tight and not have defects that admit rain. Roof drainage
shall be adequate to prevent dampness or deterioration in the
walls or interior portion of the structure. Roof drains, gutters
and downspouts shall be maintained in good repair and free
from obstructions. Roof water shall not be discharged in a man-
ner that creates a public nuisance.
304.8 Decorative features. All cornices, belt courses, corbels,
terra cotta trim, wall facings and similar decorative features
shall be maintained in good repair with proper anchorage and
in a safe condition.
304.9 Overhang extensions. All overhang extensions includ-
ing, but not limited to canopies, marquees, signs, metal awn-
ings, fire escapes, standpipes and exhaust ducts shall b-
maintained in good repair and be properly anchored so as to be
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-
ing materials, such as paint or similar surface treatment.
304.10 Stairways, decks, porches and balconies. Every exte-
rior stairway, deck, porch and balcony, and all appurtenances
attached thereto, shall be maintained structurally sound, in
good repair, with proper anchorage and capable of supporting
the imposed loads.
304.11 Chimneys and towers. All chimneys, cooling towers,
smoke stacks, and similar appurtenances shall be maintained
structurally safe and sound, and in good repair. All exposed
surfaces of metal or wood shall be protected from the elements
and against decay or rust by periodic application of weather -
coating materials, such as paint or similar surface treatment.
304.12 Handrails and guards. Every handrail and guard shall
be fnmly fastened and capable of supporting nomrallyimposed
loads and shall be maintained in good condition.
304.13 Window, skylight and door frames. Every window,
skylight, door and frame shall be kept in sound condition, good
repair and weather tight.
304.13.1 Glazing. All glazing materials shall be maintained
free from cracks and holes.
304.13.2 Openable windows. Every window, other than a
fixed window, shall be easily openable and capable of being
held in position by window hardware.
304.14 Insect screens. During the period from [DATE] to
required
to
[DATE], every door, window and other outside opening re
for ventilation of habitable rooms, food preparation areas, food
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
tightly fitting screens of not less than 16 mesh per inch (16
mesh per 25 mm), and every screen door used for insect control'
shall have a self - closing device in good working condition.
Exception: Screens shall not be required where other
approved means, such as air curtains or insect repellent fans,
are employed.
304.15 Doors. All exterior doors, door assemblies and hard-
ware shall be maintained in good condition. Locks at all en-
trances to dwelling units and sleeping units shall tightly secure
the door. Locks on means of egress doors shall be in accordance
with Section 702.3.
304.16 Basement hatchways. Every basement hatchway shall
be maintained to prevent the entrance of rodents, rain and sur-
face drainage water.
304.17 Guards for basement windows. Every basement win-
dow, that is operable shall be supplied with rodent shields,
stornt windows or other approved protection against the entry
of rodents.
10
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
304.18 Building security. Doors, windows or hatchways for
dwelling units, room units or housekeeping units shall be pro-
vided with devices designed to provide security for the occu-
pants and property within.
304.18.1 Doors. Doors providing access to a dwelling unit,
rooming unit or housekeeping unit that is rented, leased or
y let shall be equipped with a deadbolt lock designed to be
readily openable from the side from which egress is to be
made without the need for keys, special knowledge or effort
and shall have a lock throw of not less than 1 inch (25 mm).
Such deadbolt locks shall be installed according to the man-
ufacturer's specifications and maintained in good working
order. For the purpose of this section, a sliding bolt shall not
be considered an acceptable deadbolt lock.
304.18.2 Windows. Operable windows located in whole or
in part within 6 feet (1828 mm) above ground level or a
walking surface below that provide access to a dwelling
unit, rooming unit or housekeeping unit that is rented,
leased or let shall be equipped with a window sash locking
device.
304.18.3 Basement hatchways. Basement hatchways that
provide access to a dwelling unit, rooming unit or house-
keeping unit that is rented, leased or let shall be equipped
with devices that secure the units from unauthorized entry.
SECTION 305
INTERIOR STRUCTURE
305.1 General. The interior of a structure and equipment
therein shall be maintained in good repair, structurally sound
and in a sanitary condition. Occupants shall keep that part of
the structure which they occupy or control in a clean and sani-
tary condition. Every owner of a structure containing a room-
ing house, housekeeping units, a hotel, a dormitory, two or
more dwelling units or two or more nonresidential occupan-
cies, shall maintain, in a clean and sanitary condition, the
shared or public areas of the structure and exterior property.
305.2 Structural members. All structural members shall be
maintained structurally sound, and be capable of supporting
the imposed loads.
305.3 Interior surfaces. All interior surfaces, including win-
dows and doors, shall be maintained in good, clean and sanitary
condition. Peeling, chipping, flaking or abraded paint shall be
repaired, removed or covered. Cracked or loose plaster,
decayed wood and other defective surface conditions shall be
corrected.
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
be firmly fastened and capable of supporting normally imposed
loads and shall be maintained in good condition.
305.6 Interior doors. Every interior door shall fit reasonably
well within its frame and shall be capable of being opened and
closed by being properly and securely attached to jambs, head-
ers or tracks as intended by the manufacturer of the attachment
hardware.
GENERAL REQUIREMENTS
SECTION 306
HANDRAILS AND GUARDRAILS
306.1 General. Every exterior and interior flight of stairs hav-
ing more than four risers shall have ahandrail on one side of the
stair and every open portion of a stair, landing, balcony, porch,
deck, ramp or other walking surface which is more than 30
inches (762 mm) above the floor or grade below shall have
guards. Handrails shall not be less than 30 inches (762 mm)
high or more than 42 inches (1067 mm) high measured verti-
cally above the nosing of the tread or above the finished floor of
the landing or walking surfaces. Guards shall not be less than
30 inches (762 mm) high above the floor of the landing, bal-
cony, porch, deck, or ramp or other walking surface.
Exception: Guards shall not be required where exempted
by the adopted building code.
SECTION 307
RUBBISH AND GARBAGE
307.1 Accumulation of rubbish or garbage. All exterior
property and premises, and the interior of every structure, shall
be free from any accumulation of rubbish or garbage.
307.2 Disposal of rubbish. Every occupant of a structure shall
dispose of all rubbish in a clean and sanitary manner by placing
such rubbish in approved containers.
307.2.1 Rubbish storage facilities. The owner of every
occupied premises shall supply approved covered contain-
ers for rubbish, and the owner of the premises shall be
responsible for the removal of rubbish.
307.2.2 Refrigerators. Refrigerators and similar equip-
ment not in operation shall not be discarded, abandoned or
stored on premises without first removing the doors.
307.3 Disposal of garbage. Every occupant of a structure shall
dispose of garbage in a clean and sanitary manner by placing
such garbage in an approved garbage disposal facility or
approved garbage containers.
307.3.1 Garbage facilities. The owner of every dwelling
shall supply one of the following: an approved mechanical
food waste grinder in each dwelling unit; an approved incin-
erator unit in the structure available to the occupants in each
dwelling unit; or an approved leakproof, covered, outside
garbage container.
307.3.2 Containers. The operator of every establishment
producing garbage shall provide, and at all times cause to be
utilized, approved leakproof containers provided with
close - fitting covers for the storage of such materials until
removed from the premises for disposal.
SECTION 308
EXTERMINATION
308.1 Infestation. All structures shall be kept free from insect
and rodent infestation. All structures in which insects or
rodents are found shall be promptly exterminated by approved
processes that will not be injurious to human health. After
extermination, proper precautions shall be taken to prevent
reinfestation.
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.
12
2006 INTERNATIONAL PROPERTY MAINTENANCE CODES
CHAPTER 4
LIGHT, VENTILATION AND
OCCUPANCY LIMITATIONS
SECTION 401
GENERAL
401.1 Scope. The provisions of this chapter shall govern the
minimum conditions and standards for fight, ventilation and
space for occupying a structure.
401.2 Responsibility. The owner of the structure shall provide
and maintain light, ventilation and space conditions in compli-
ance with these requirements. A person shall not occupy as
owner - occupant, or permit another person to occupy, any pre-
mises that do not comply with the requirements of this chapter.
401.3 Alternative devices. In lieu of the means for natural
light and ventilation herein prescribed, artificial light or
mechanical ventilation complying with the International
Building Code shall be permitted.
SECTION 402
LIGHT
402.1 Habitable spaces. Every habitable space shall have at
least one window of approved size facing directly to the out-
doors or to a court. The minimum total glazed area for every
habitable space shall be 8 percent of the floor area of such
room. Wherever walls or other portions of a structure face a
window of any room and such obstructions are located less
than 3 feet (914 mm) from the window and extend to a level
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
not be included as contributing to the required minimum total
window area for the room.
Exception: Where natural light for rooms or spaces without
exterior glazing areas is provided through an adjoining
room, the unobstructed opening to the adjoining room shall
be at least 8 percent of the floor area of the interior room or
space, but not less than 25 square feet (2.33 m2). The exte-
rior glazing area shall be based on the total floor area being
served.
402.2 Common halls and stairways. Every common hall and
stairway in residential occupancies, other than in one- and two-
family dwellings, shall be lighted at all times with at least a 60-
watt standard incandescent light bulb for each 200 square feet
(19 m2) 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
egress, including exterior means of egress, stairways shall be
illuminated at all times the building space served by the means
of egress is occupied with a minimum of 1 footcandle (11 lux)
at floors, landings and treads.
402.3 Other spaces. All other spaces shall be provided with
natural or artificial light sufficient to permit the maintenance of
sanitary conditions, and the safe occupancy of the space and
utilization of the appliances, equipment and fixtures.
SECTION 403
VENTILATION
403.1 Habitable spaces. Every habitable space shall have at
least one openable window. The total openable area of the win-
dow in every room shall be equal to at least 45 percent of the
minimum glazed area required in Section 402.1.
Exception: Where rooms and spaces without openings to
the outdoors are ventilated through an adjoining room, the
unobstructed opening to the adjoining room shall be at least
8 percent of the floor area of the interior room or space, but
not less than 25 square feet (2.33 m2). The ventilation open-
ings to the outdoors shall be based on a total floor area being
ventilated.
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
window shall not be required in such spaces equipped with a
mechanical ventilation system. Air exhausted by a mechanical
ventilation system from a bathroom or toilet room shall dis-
charge to the outdoors and shall not be recirculated.
4033 Cooking facilities. Unless approved through the certifi-
cate of occupancy, cooking shall not be permitted in any room-
ing unit or dormitory unit, and a cooking facility or appliance
shall not be permitted to be present in the rooming unit or dor-
mitory unit.
Exceptions:
1. Where specifically approved in writing by the code
official.
2. Devices such as coffee pots and microwave ovens I
shall not be considered cooking appliances.
403.4 Process ventilation. Where injurious, toxic, irritating or
noxious fumes, gases, dusts or mists are generated, a local
exhaust ventilation system shall be provided to remove the con-
taminating agent at the source. Air shall be exhausted to the
exterior and not be recirculated to any space.
403.5 Clothes dryer exhaust. Clothes dryer exhaust systems
shall be independent of all other systems and shall be exhausted
in accordance with the manufacturer's instructions.
SECTION 404
OCCUPANCY LIMITATIONS
404.1 Privacy. Dwelling units, hotel units, housekeeping units,
rooming units and dormitory units shall be arranged to provide
privacy and be separate from other adjoining spaces.
404.2 Minimum room widths. A habitable room, other than a
kitchen, shall not be less than 7 feet (2134 mm) in any plan
dimension. Kitchens shall have a clear passageway of not less
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE* 13
CHAPTERS
PLUMBING FACILITIES AND
FIXTURE REQUIREMENTS
SECTION 501
GENERAL
501.1 Scope. The provisions of this chapter shall govern the
minimum plumbing systems, facilities and plumbing fixtures
to be provided.
501.2 Responsibility. The owner of the structure shall provide
and maintain such plumbing facilities and plumbing fixtures in
compliance with these requirements. A person shall not occupy
as owner - occupant or permit another person to occupy any
structure or premises which does not comply with the require-
ments of this chapter.
[P] SECTION 502
REQUIRED FACILITIES
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-
tion. The lavatory shall be placed in the same room as the water
closet or located in close proximity to the door leading directly
into the room in which such water closet is located. A kitchen
sink shall not be used as a substitute for the required lavatory.
502.2 Rooming houses. At least one water closet, lavatory and
bathtub or shower shall be supplied for each four rooming
units.
502.3 Hotels. Where private water closets, lavatories and baths
are not provided, one water closet, one lavatory and one bath-
tub or shower having access from a public hallway shall be pro-
vided for each ten occupants.
502.4 Employees' facilities. A minimum of one water closet,
one lavatory and one drinking facility shall be available to
employees.
502.4.1 Drinking facilities. Drinking facilities shall be a
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.
[P] SECTION 503
TOILET ROOMS
503.1 Privacy. Toilet rooms and bathrooms shall provide pri-
vacy and shall not constitute the only passageway to a hall or
other space, or to the exterior. A door and interior locking
device shall be provided for all common or shared bathrooms
and toilet rooms in a multiple dwelling.
503.2 Location. Toilet rooms and bathrooms serving hotel
units, rooming units or dormitory units or housekeeping units,
shall have access by traversing not more than one flight of stairs
and shall have access from a common hall or passageway.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
503.3 Location of employee toilet facilities. Toilet facilities
shall have access from within the employees' working area.
The required toilet facilities shall be located not more than one
story above or below the employees' working area and the path
of travel to such facilities shall not exceed a distance of 500 feet
(152 m). Employee facilities shall either be separate facilities
or combined employee and public facilities.
Exception: Facilities that are required for employees in
storage structures or kiosks, which are located in adjacent
structures under the same ownership, lease or control, shall
not exceed a travel distance of 500 feet (152 m) from the
employees' regular working area to the facilities.
503.4 Floor surface. In other than dwelling units, every toilet
room floor shall be maintained to be a smooth, hard,
nonabsorbent surface to permit such floor to be easily kept in a
clean and sanitary condition.
PLUMBING SECTION SYSTEMS AND FIXTURES
504.1 General. All plumbing fixtures shall be properly
installed and maintained in working order, and shall be kept
free from obstructions, leaks and defects and be capable ofper-
forming the function for which such plumbing fixtures are
designed. All plumbing fixtures shall be maintained in a safe,
sanitary and functional condition.
504.2 Fixture clearances. Plumbing futures shall have ade-
quate clearances for usage and cleaning.
504.3 Plumbing system hazards. Where it is found that a
plumbing system in a structure constitutes a hazard to the occu-
pants or the structure by reason of inadequate service, inade-
quate venting, cross connection, backsiphonage, improper
installation, deterioration or damage or for similar reasons, the
code official shall require the defects to be corrected to elimi-
nate the hazard.
SECTION 505
WATER SYSTEM
505.1 General. Every sink, lavatory, bathtub or shower, drink-
ing fountain, water closet or other plumbing fixture shall be
Properly connected to either a public water system or to an
approved private water system. All kitchen sinks, lavatories,
laundry facilities, bathtubs and showers shall be supplied with
hot or tempered and cold running water in accordance with the
International Plumbing Code.
[P] 505.2 Contamination. The water supply shall be main-
tained free from contamination, and all water inlets for plumb-
ing futures shall be located above the flood -level rim of the
fixture. Shampoo basin faucets, janitor sink faucets and other
hose bibs or faucets to which hoses are attached and left in
is
CHAPTER
MECHANICAL AND ELECTRICAL REQUIREMENTS
SECTION 601
GENERAL
601.1 Scope. The provisions of this chapter shall govem the
minimum mechanical and electrical facilities and equipment to
be provided.
601.2 Responsibility. The owner of the structure shall provide
and maintain mechanical and electrical facilities and equip-
ment in compliance with these requirements. A person shall
not occupy as owner - occupant or permit another person to
occupy any premises which does not comply with the require-
ments of this chapter.
SECTION 602
HEATING FACILITIES
602.1 Facilities required. Heating facilities shall be provided
in structures as required by this section.
602.2 Residential occupancies. Dwellings shall be provided
with heating facilities capable of maintaining a room tempera-
ture of 68 °F (20 °C) in all habitable rooms, bathrooms and toilet
rooms based on the winter outdoor design temperature for the
locality indicated in Appendix D of the International Plumbing
Code. Cooling appliances shall not be used to provide space
heating to meet the requirements of this section.
Exception: In areas where the average monthly tempera-
ture is above 30 °F ( -1 °C), a minimum temperature of 65 °F
(18 °C) shall be maintained.
602.3 Heat supply. Every owner and operator of any building
who rents, leases or lets one or more dwelling units or sleeping
units on terms, either expressed or implied, to furnish heat to
the occupants thereof shall supply heat during the period from
[DATE] to [DATE] to maintain a temperature of not less than 68 °F
(20 °C) in all habitable rooms, bathrooms, and toilet rooms.
Exceptions:
1. When the outdoor temperature is below the winter
outdoor design temperature for the locality, mainte-
nance of the minimum room temperature shall not be
required provided that the heating system is operating
at its full design capacity. Ibe winter outdoor design
temperature for the locality shall be as indicated in
Appendix D of the International Plumbing Cade.
2. In areas where the average monthly temperature is
above 30 °F ( -1 °C) a minimum temperature of 65 °F
(18 °C) shall be maintained.
602.4 Occupiable work spaces. Indoor occupiable work
spaces shall be supplied with heat during the period from
[DATE] to [DATE] to maintain a temperature of not less than 65 °F
(18 °C) during the period the spaces are occupied.
Exceptions:
1. Processing, storage and operation areas that require
cooling or special temperature conditions.
2. Areas in which persons are primarily engaged in vig-
orous physical activities.
602.5 Room temperature measurement. The required room
temperatures shall be measured 3 feet (914 mm) above the
floor near the center of the room and 2 feet (610 mm) inward
from the center of each exterior wall.
SECTION 603
MECHANICAL EQUIPMENT
603.1 Mechanical appliances. All mechanical appliances,
fireplaces, solid fuel - burning appliances, cooking appliances
and water heating appliances shall be properly installed and
maintained in a safe working condition, and shall be capable of
performing the intended function.
603.2 Removal of combustion products. All fuel - burning
equipment and appliances shall be connected to an approved
chimney or vent.
Exception: Fuel - burning equipment and appliances which
are labeled for unvented operation.
603.3 Clearances. All required clearances to combustible
materials shall be maintained.
603.4 Safety controls. Ali safety controls for fuel- burning
equipment shall be maintained in effective operation.
603.5 Combustion air. A supply of air for complete combus-
tion of the fuel and for ventilation of the space containing the
fuel- burning equipment shall be provided for the fuel - burning
equipment.
603.6 Energy conservation devices. Devices intended to
reduce fuel consumption by attachment to afuel - burning appli-
ance, to the fuel supply line thereto, or to the vent outlet or vent
piping therefrom, shall not be installed unless labeled for such
purpose and the installation is specifically approved.
SECTION 604
ELECTRICAL FACILITIES
604.1 Facilities required. Every occupied building shall be
provided with an electrical system in compliance with the
requirements of this section and Section 605.
604.2 Service. The size and usage of appliances and equipment
shall serve as a basis for determining the need for additional
facilities in accordance with the ICC Electrical Code. Dwelling
units shall be served by a three -wire, 120/240 volt, single-
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE" 17
CHAPTER
FIRE SAFETY REQUIREMENTS
SECTION 701
GENERAL
701.1 Scope. The provisions of this chapter shall govern the
minimum conditions and standards for fire safety relating to
structures and exterior premises, including fire safety facilities
and equipment to be provided.
701.2 Responsibility. The owner of the premises shall provide
and maintain such fire safety facilities and equipment in com-
pliance with these requirements. A person shall not occupy as
owner - occupant or permit another person to occupy any pre-
mises that do not comply with the requirements of this chapter.
[F] SECTION 702
MEANS OF EGRESS
702.1 General. A safe, continuous and unobstructed path of
travel shall be provided from any point in a building or structure
to the public way. Means of egress shall comply with the Inter-
national Fire Code.
702.2 Aisles. The required width of aisles in accordance with
the International Fire Code shall be unobstructed.
702.3 Locked doors. All means of egress doors shall bereadily
openable from the side from which egress is to be made without
the need for keys, special knowledge or effort, except where the
door hardware conforms to that permitted by the International
Building Code.
702.4 Emergency escape openings. Required emergency
escape openings shall be maintained in accordance with the
code in effect at the time of construction, and the following.
Required emergency escape and rescue openings shall be oper-
ational from the inside of the room without the use of keys or
tools. Bars, grilles, grates or similar devices are permitted to be
placed over emergency escape and rescue openings provided
the minimum net clear opening size complies with the code that
was in effect at the time of construction and such devices shall
be releasable or removable from the inside without the use of a
key, tool or force greater than that which is required for normal
operation of the escape and rescue opening.
[F] SECTION 703
FIRE- RESISTANCE RATINGS
703.1 Mile-resistance-rated assemblies. The required fire -
resistance rating of fire- resistance-rated walls fire stops, shaft
enclosures, partitions and floors shall be maintained.
703.2 Opening protectives. Required opening protectives
shall be maintained in an operative condition. All fire and
smokestop doors shall be maintained in operable condition.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
Fire doors and smoke barrier doors shall not be blocked or
obstructed or otherwise made inoperable.
SECTION 704
FIRE PROTECTION SYSTEMS
704.1 General. All systems devices and equipment to detect a
fire, actuate an alarm, or suppress or control a fire or any com-
bination thereof shall be maintained in an operable condition at
all times in accordance with the International Fire Code.
704.2 Smoke alarms. Single or multiple- station smoke alarms
shall be installed and maintained in Groups R -2, R -31 R4 and
in dwellings not regulated in Group R occupancies, regardless
of occupant load at all of the following locations:
1. On the ceiling or wall outside of each separate sleeping
area in the immediate vicinity of bedrooms.
2. In each room used for sleeping purposes.
3. In each story within a dwelling unit, including basements
and cellars but not including crawl spaces and uninhabit-
able attics. In dwellings or dwelling units with split lev-
els and without an intervening door between the adjacent
levels, a smoke alarm installed on the upper level shall
suffice for the adjacent lower level provided that the
lower level is less than one full story below the upper
level.
Single or multiple- station smoke alarms shall be installed in
Other groups in accordance with the International Fire Code.
704.3 Power source. In Group R occupancies and in dwellings
not regulated as Group R occupancies, single- station smoke
alarms shall receive their primary power from the building wir-
ing provided that such wiring is served from a commercial
source and shall be equipped with a battery backup. Smoke
alarms shall emit a signal when the batteries are low. Wiring
shall be permanent and without a disconnecting switch other
than as required for overcurrent protection.
Exception: Smoke alarms are permitted to be solely battery
operated in buildings where no construction is taking place,
buildings that are not served from a commercial power
source and in existing areas of buildings undergoing alter-
ations or repairs that do not result in the removal of interior
wall or ceiling finishes exposing the structure, unless there
is an attic, crawl space or basement available which could
provide access for building wiring without the removal of
interior finishes.
704.4 Interconnection. Where more than one smoke alarm is
required to be installed within an individual dwelling unit in
Group R -2, R -3, R -4 and in dwellings not regulated as Group R
occupancies, the smoke alarms shall be interconnected in such
19
CHAPTER 8
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
1Lree Park Avenue
New York, NY 10016 -5990
Standard
Referenced
reference
in code
number
T1tle 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
ASTMw� Conshohocken. PA 19428 -2959
Standard Referenced
reference in code
number Tine section number
F1346 -91 (2003) Performance Specifications for Safety Covers and Labeling Requirements for All Corers
for Swimming Pools, Spas and Hot Tubs ..... ............................... ..........................303.2
International Code Council
500 New Jersey Avenue, NW
ICC 6th Fluor
waahineton, D.C. z000l
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 Mecbanical 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
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE' P1
INDEX
n
ACCEPTED ENGINEERING METHODS....... 104.2
ACCESS
equipment
Definition
Egress ... ............................702
BASEMENT
From bedrooms .....................
404.4.2
Plumbing fixtures, access for cleaning ..... 504.2
To public way ........................702.1
Garbage storage facilities .............
Toilet room as passageway .............
503.1
Water closet ........................404.4.3
Used materials and equipment...........
ADJACENT
ARCHITECTURAL
Privacy (hotel units, rooming units)
....... 404.1
ADMINISTRATION
Trim...... ..........................304.8
Scope.... ..........................101.2
ARTIFICIAL
AGENT (See also OPERATOR) ............
202
(See OWNER)
.
AIR
AUTOMOBILE
Combustion air .......................
603.5
AISLES
AWNING
Minimum width .......................
702.2
ALTERATION
506.1
Applicability of other codes ..............
102.3
Condemnation ..................108.1,
108.2
Inspection . ..........................104.3
Prosecution ..........................106.3
Unlawful acts ........................106.1
ANCHOR
108.1.2
Architectural trim ......................304.8
Signs, marquees and awnings ...........
304.9
APPEAL
Application ..........................111.1
Board decision .......................
111.6
Board of appeals ......................
111.2
Court review .........................111.7
Disqualification ......................111.2.3
Financial interest ....................
111.2.3
Hearing, emergency orders .............
109.6
Membership .........................111.2
Notice of appeal ......................
111.1
Postponed hearing ....................
111.5
Records .. ..........................104.7
Right to appeal .......................111.1
Vote...... ..........................111.6
APPLIANCE
Cooking .......................403.3,
602.2
Heating .......................602.2,
603.1
Mechanical ..........................
603.1
APPLICATION
Other codes .........................102.3
APPROVAL
Alternatives ..........................105.2
Authority .......................104.1,
105.2
Modifications .........................
105.1
APPROVED
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
Alternative materials, methods and
equipment
Definition
.........................105.2
BASEMENT
. ............................202
Energy conservation devices ............
603.6
Fireplaces ..............
Hatchways .........................304.16
Garbage storage facilities .............
...603.1
307.3.1
Modifications .........................105.1
BATHROOM
Used materials and equipment...........
105.4
ARCHITECTURAL
Hotels .... ..........................502.3
Structural members ...................
304.4
Trim...... ..........................304.8
Locks ............................
ARTIFICIAL
Outlets required ......................605.2
Lighting of habitable rooms .............
401.3
Lighting of other spaces ................
402.3
AUTOMOBILE
BATHTUB
Motor vehicles ........................302.8
Required facilities .....................502.1
AWNING
Rooming houses ......................502.2
Signs, marquees and awnings ...........
304.9
i?
BALCONY
Handrails and guardrails ...............
306.1
BASEMENT
Definition . ............................202
Hatchways .........................304.16
Windows .. .........................304.17
BATHROOM
Common bathrooms .............
502.3, 503.1
Hotels .... ..........................502.3
Lighting ... ..........................605.3
Locks ............................
..503.1
Outlets required ......................605.2
Privacy ... ..........................503.1
Ventilation . ..........................403.2
BATHTUB
Required facilities .....................502.1
Rooming houses ......................502.2
Sewage system ......................
506.1
Water heating facilities .................
505.4
Water system ........................
505.1
BEDROOM
Room area . ........................404.4.1
BOILER
Unsafe equipment ...................
108.1.2
:h
CAPACITY
Heating facilities ........... 602.2, 602.3, 602.4
CAR (See AUTOMOBILE)
CEILING
Basement rooms ...................... 404.3
23
Failure to comply ......................
110.3
General .. ............................110
Order ..... ..........................110.2
Salvage materials .....................
110.4
Violations . ..........................110.3
DETECTORS
604.3,605.2
Smoke ... ............................704
DETERIORATION
702.1
Exterior walls ........................
304.6
DIRECT
ELECTRIC, ELECTRICAL
Egress .... ..........................702.1
Condemnation .......................108.1
DISPOSAL
606.2
Disposal of garbage ...................
307.3
Disposal of rubbish ....................307.2
109
DOOR
Exit doors ...........................
702.3
Fire...... ..........................703.2
Hardware . .........................304.15
Insect screens .......................304.14
Interior surfaces ......................305.3
Locks ........................
304.15,702.3
Maintenance .................
304.13, 304.15
Weather tight ........................304.13
108.3
Window and door frames ..............
304.13
DORMITORY (ROOMING HOUSE,
HOTEL, MOTEL)
Locked doors ........................702.3
603.6
Privacy ........................
503.1,503.2
DRAIN, DRAINAGE
Installation ...........................
Basement hatchways .................
304.16
Plumbing connections ...................506
Placarding .....................108.3,
Storm drainage ........................507
Prohibited occupancy ..................108.5
DUCT
Responsibility ........................
Exhaust duct .........................304.9
Safety controls .......................
DUST
Scope .... ..........................101.2
Process ventilation ....................
403.4
DWELLING
Unsafe ... ............................108
Cleanliness ....................305.1,
307.1
Definition . ............................202
EXHAUST
Electrical ............................
604.1
Heating facilities ........................602
Exhaust ducts ........................304.9
Required facilities ......................502
Process ventilation ....................
E
EASEMENT
Definition . ............................202
EGRESS
Aisles .... ..........................702.2
Emergency escape ....................702.4
605.1
General ... ..........................702.1
Lighting ... ..........................402.2
604.3,605.2
Locked doors ........................702.3
Obstructions prohibited .................
702.1
Stairs, porches and
railings .......... 304.10, 305.4, 305.5, 306.1
ELECTRIC, ELECTRICAL
General ... ..........................606.1
Condemnation .......................108.1
Maintenance ...................606.1,
INDEX
Facilities required .....................604.1
General ... ..........................601.1
Hazards .. ..........................604.3
Installation ...........................
605.1
Luminaires ..........................605.3
Receptacles ....................
604.3,605.2
Responsibility ........................601.2
Service ... ..........................604.2
ELEVATOR
Condemnation .......................108.1
General ... ..........................606.1
Maintenance ...................606.1,
606.2
EMERGENCY
Emergency measures ...................
109
Emergency orders ....................109.1
Escape ... ..........................702.4
ENFORCEMENT
Duties and powers ......................104
Scope .... ..........................101.2
EQUIPMENT
Alternative . ..........................105.2
Combustion air .......................
603.5
Condemnation ................108.1.2,
108.3
Electrical installation ...................605.1
Emergency order .....................109.1
Energy conservation devices ............
603.6
Fire safety requirements, responsibility .... 701.2
Flue ...... ..........................603.2
Installation ...........................
603.1
Interior structure ......................
305.1
Placarding .....................108.3,
108.4
Prohibited occupancy ..................108.5
Responsibility ........................
601.2
Safety controls .......................
603.4
Scope .... ..........................101.2
Scope, mechanical and electrical.........
601.1
Unsafe ... ............................108
Used..... ..........................105.4
EXHAUST
Clothes dryer ........................403.5
Exhaust ducts ........................304.9
Process ventilation ....................
403.4
EXISTING
Remedies . ..........................102.4
Scope .... ..........................101.2
Structural members ...................304.4
Structures . ..........................101.3
EXTERIOR
Decorative features ....................304.8
Egress .... ..........................702.1
Exterior structure .......................
304
Exterior walls ........................304.6
Painting .......................304.2,
304.6
Rodent harborage ...............
302.5, 304.5
Sanitation . ..........................304.1
Scope .... ..........................301.1
Stair...... .........................304.10
Street numbers .......................
304.3
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 25
INSPECTOR
605.2
Identification .........................104.5
. 404.2
Inspections
..
..........................104.3
Records
605.3
.. ..........................104.7
INTENT
505.4
Code......
505.4
.........................101.3
Rule- making authority
606.1
................
INTERIOR
. . 104.2
Interior structure
502
.......................305
Interior surfaces
304.10, 305.2
....................:
Means of egress
. 305.3
.......................702
Sanitation
505
. ..........................305.1
J
JURISDICTION
Title...... ..........................101.1
KITCHEN
Electrical outlets required...............
605.2
Minimum width ....................
. 404.2
Prohibited use ......................404.4.4
..
Room lighting ........................605.3
605.3
Water heating facilities .................
505.4
L
LANDING
401.2
Handrails and guards .....
304.12, 305.4, 305.5,
Maintenance ......... .........
306.1
304.10, 305.4
LAUNDRY
605.3
Room lighting ........................
605.3
Water heating facilities .................
505.4
LAVATORY
606.1
Hotels.... ..........................502.3
Required facilities
....
304.12, 305.5
......................
Rooming houses
502
......................502.2
Sanitary drainage system
304.10, 305.2
................
Water heating facilities .................
506
505.4
Water system ..........................
505
LEASE (SELL, RENT)
Heat supplied ........................
602.3
Salvage materials .....................110.4
Transfer of ownership ...........
: ...... 107.5
LIEN
Closing of vacant structures .........
106,E
Demolition . ..........................110.3
Failure to comply ......................110.3
LIGHT, LIGHTING
Common halls and stairways.......
402.2, 605.3
Luminaires . .........................605.3
302.8
General .. ............................5.3
Habitable rooms .... . .................402.1
Other spaces ........................402.3
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
INDEX
Responsibility ........................
401.2
Scope ....
402
......................:...
Toilet rooms
101.2
.........................
LIVING ROOM
605.3
Room area . ........................404.4.1
LOAD, LOADING
Elevators, escalators and dumbwaiters
606.1
Handrails and guards ...........
....
304.12, 305.5
Live load ........... .... ... ....
Stairs and porches
304.4, 305.2
..............
Structural members
304.10, 305.2
..............
304.4, 305.2
R
MAINTENANCE
Required ..
402
..........................102.2
MATERIAL
403
Alternative . ..........................105.2
Salvage ....
......................'..:110.4
Used.....
..........................105.4
MEANS OF EGRESS (See EGRESS)
. . . . . .107.3
MECHANICAL
Installation.
107,1
. . .......................603.1
Responsibility ........................
Scope ....
601.2
..........................601.1
Ventilation, general .....................403
.:........ 107.5
Ventilation, toilet rooms.
MINIMUM ................
403.2
Ceiling height
........................404.3
Room width
..........................404.2
Scope ....
..........................301.1
MODIFICATION
Approval .. ..........................105.1
MOTEL (See HOTELS)
MOTOR VEHICLES
Inoperative
. , ...... ................
Painting ... ......................:...302.8
302.8
IT
NATURAL
Lighting .........................401.3,
Ventilation
402
.......................401.3,
NOTICE
403
Appeal.....
....:...............:....111.1
Form.....
..........................107.2
Method of service
.:.............
Orders
. . . . . .107.3
.... ............................107
Owner, responsible person
...............
Penalties
107,1
.. ...................:.....107.4
Placarding of structure
.............
Transfer of ownership
..... 108.4
........
Vacating structure.
.:........ 107.5
....................108,2
NOXIOUS
Process ventilation ....................
403.4
Weeds.....
.........................302.4
27
Hallway ... ..........................502.3
Sewage system ......................
506.1
Toilet rooms ...........................503
304.6
Vacant structures and land ..............
301.3
Water system ..........................505
302.5, 308
PUBLIC WAY
304.13
Definition . ............................202
RAIN
Basement hatchways .................
304.16
Exterior walls ........................
304.6
Grading and drainage ..................303.2
Roofs ..... ..........................304.7
302.5, 308
Window and door frames ..............
304.13
RECORD
Official records .......................
104.7
REHABILITATION
603.4
Intent ..... ..........................101.3
REPAIR
108
Application
of other codes ..............
102.3
Chimneys
. .........................304.11
404.4
Demolition . ..........................110.1
307.3
Exterior surfaces ......................304.1
Maintenance ........................102.2
302.1
Public areas .........................302.3
Signs, marquees and awnings ...........
304.9
Stairs and porches ...................
304.10
Weather tight ........................
304.13
Workmanship ........................102.5
REPORTS
Test reports ........................105.3.2
RESIDENTIAL
Extermination ..........................308
Residential heating ....................602.2
Scope .... ..........................101.2
RESPONSIBILITY
Extermination ..........................308
Fire safety ...........................
701.2
Garbage disposal .....................
307.3
General ... ..........................301.2
307.2.1
Mechanical and electrical ...............
601.2
Persons ... ..........................301.1
Placarding of structure .................
108.4
Plumbing facilities .....................
501.2
Rubbish storage .....................
307.2.1
Scope .........................
101.2,301.1
REVOKE, REMOVE
Demolition ............................110
Existing remedies .....................
102.4
Process ventilation ....................
403.4
Removal of placard ..................
108.4.1
Rubbish removal ....................307.2.1
RIGHT OF ENTRY
Duties and powers of code official ........
104.4
Inspections ..........................104.3
INDEX
RODENTS
Basement hatchways .................
304.16
Condemnation .........................108
Exterior surfaces ......................304.6
Extermination ....................
302.5, 308
Guards for basement windows..........
304.17
Harborage . ..........................302.5
Insect and rodent control ...............
308.1
ROOF
603.4
Exterior structure .....................304.1
Roofs ..... ..........................304.7
108
Storm drainage ........................507
ROOM
305.3
Bedroom and living room ...............
404.4
Cooking facilities ......................403.3
307.3
Direct access ........................503.2
Habitable .. ..........................402.1
302.1
Heating facilities ........................602
Light ..... ............................402
404.7
Minimum ceiling heights ................404.3
Minimum width .......................404.2
Overcrowding ........................404.5
Prohibited use ......................404.4.4
Temperature .........................602.5
Toilet..... ............................503
Ventilation ............................403
ROOMING HOUSES (See DORMITORY)
RUBBISH
Accumulation ........................307.1
Definition . ............................202
Disposal .. ..........................307.2
Garbage facilities ....................
307.3.1
Rubbish storage .....................
307.2.1
Storage ... ........................307.2.1
S
SAFETY, SAFE
Chimney .. .........................304.11
Condemnation .......................108.1
Electrical installation ...................605.1
Emergency measures ...................109
Fire safety requirements .................
701
Fireplaces . ..........................603.1
Intent..... ..........................101.3
Safety controls .......................
603.4
Scope .... ..........................101.2
Unsafe structures and equipment ..........
108
SANITARY
Bathroom and kitchen floors .............
305.3
Cleanliness ....................304.1,
305.1
Disposal of garbage ...................
307.3
Disposal of rubbish ....................307.2
Exterior property areas .................
302.1
Exterior structure .....................304.1
Food preparation .....................
404.7
Furnished by occupant .................302.1
Interior surfaces ......................305.3
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE" 29
U
UNOBSTRUCTED
108.2
Access to public way ..............
. .... 702.1
General, egress ......................
702.1
UNSAFE
107, 108.3
Equipment . ........................108.1.2
108.4
Existing remedies ..................102.4
1 2.4
General, condemnation ..........
. . .
.... 1..
General, demolition
.....................110
Notices and orders ................107,
108.3
Structure .. ........................108.1.1
USE
302.8
Application of other codes .............. 102.3
General, demolition .....................110
TI
VACANT
Closing of vacant structures .............
108.2
Emergency measure ....................109
Method of service ...............
Notice to owner or to person
107.3, 108.3
responsible ....................
107, 108.3
Placarding of structure .................
108.4
Vacant structures and land ..............
301.3
VAPOR
304.6
Exhaust vents .....................
Process ventilation ....................
..302.6
403.4
VEHICLES
Inoperative ......................
302.8
Painting .... .........................302.8
602.5
VENT
Connections .........................504.3
307.3
Exhaust vents ........................302.6
Flue...... ..........................603.2
.502.1
VENTILATION
Clothes dryer exhaust ..................
403.5
Combustion air .......................603.5
304.16
Definition . ............................202
General, ventilation ... . .................
403
Habitable rooms ......................
403.1
Process ventilation ....................
403.4
Recirculation ...................403.2,
403.4
Toilet rooms .........................403.2
VERMIN
502.3
Condemnation .........................108
502.1
Insect and rat control ..............
302.5, 308
VIOLATION
..... .. 2
Condemnation .........................108
General .. ............................106
505
Notice ..........................107,
Penalty ......................
107, 108.3
108.3
Placarding of structure
505.4
.................106.4
Prosecution
..........................106.3
Strict liability offense ...............
106.3, 202
Transfer of ownership ..................
107.5
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®
INDEX
W
WALK
Sidewalks
. ..........................302.3
WALL
Accessory structures
.... I .......
Exterior surfaces ................
. ..... 302.7
304.2, 304.6
Exterior walls
........................
Foundation walls
304.6
......................304.5
General, fire- resistance rating
...........
Interior surfaces
703.1
......................305.3
Outlets required
......................605.2
Temperature measurement
. . ...........
WASTE
602.5
Disposal of garbage
...................
Disposal of rubbish
307.3
....................307.2
Dwelling units
............
Garbage storage facilities
.502.1
WATER .............307.3.1
Basement hatchways
.................
Connections
304.16
.........................506.1
Contamination
........................
General, sewage .......................506
505.2
General, storm drainage
.................
General, water system
507
...................
Heating ... ..........................505.4
505
Hotels
.. .......... .................
Kitchen sinnk k
502.3
.
Required facilities
502.1
....... .... .
Rooming houses
...............5'5
Supply .... ............
..... .. 2
..............505.3
System ..............................
Toilet rooms
505
...........................503
Water heating facilities
.................
WEATHER, CLIMATE
505.4
Heating facilities
........................
Rule- making authority.
602
.................104.2
WEATHERSTRIP
Window and door frames ..............
304.13
WEEDS
Noxious weeds
.......................302.4
WIDTH
Minimum room width
...................404.2
WIND
Weather tight ........................
Window and door frames
304.13
..............
WINDOW
304.13
Emergency escape
....................702.4
Glazing ....
.......................304.13.1
Guards for basement windows..........
4.13.1
Habitable rooms
......................402.1
Insect screens
.......................304.14
Interior surface
.. . ...... . .............305.3
Light............
Openable windows .................304.13.2
402
Toilet rooms
.......................
Ventilation
.0.4.13.2
3.2
3.2
............................
Weather tight ............
. ...........304.13
Window and door frames
..............
304.13
31
Sign Ordinance
STAFF REPORT
To: Mayor and City Council
Michael Morrison, City Manager Report No.:
From: Kim Moore - Sykes, Assistant City Manager 0/ 2
Date: January 29, 2008 1
Subject: Proposed Revised Sign Ordinance
Background, Staff attended an LMC workshop on sign ordinances presented by the League's attorney,
Paul Merwin. Mr. Merwin reported that the courts have held that several municipal sign ordinances have
provoked freedom of speech objections, with the City of Hopkins being the latest example from Minnesota.
By regulating signs in their community, the Courts found that the City of Hopkins inadvertently limited
speech without demonstrating a substantial governmental interest in doing so. The Courts have long held
that traffic safety and aesthetics are usually the only two governmental interests that cities may assert with
sign ordinances.
The League attorneys stated that cities may regulate signs and enforce a sign ordinance as long as that
enforcement has a neutral effect on speech and is based on other factors rather than the message content of
a sign. A sign ordinance that governs activities to protect governmental interests should be objectively
based on time, place and manner and unrelated to the speech content of a sign. The attorney stated that if
the sign has to be read to determine how it is regulated, then it is being regulated based on speech and that
regulation is likely unconstitutional.
They also stated commercial and non - commercial speech enjoy different levels of protection under the
Constitution. As such, they cautioned that cities should not favor commercial speech over non - commercial
speech in the development or enforcement of their sign ordinance.
As a result of this workshop and the Hopkins example, Staff was asked to review and revise the City's sign
ordinance to make it compliant with State and Federal law. Attached is a revised draft of Chapter 14, based
on the City of Hopkins' model sign ordinance. This draft has also been sent to American Legal Publishing
for their review per their editor, Mr. Nathan Clark's request.
Requested Action: Council review.
Attachments:
Draft of revised Chapter 14
LMC Sign Ordinances and the First Amendment White Paper
F: \Staff Reports\2008 \012908 Sign Ordinance STAFF REPORT.doc
CHAPTER 14. SIGNS
Section 1400 — SIGNS DRAFT
1400.01 Title. This Chapter will be known as the "Sign Ordinance ".
1400.02 Findings, Purpose and Effect.
Subd. I Findinrs. 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 ofstgns ofa 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.
69 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 ofsigns 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 ofpublic safety and aesthetics.
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(d) Provide for fair and consistent enforcement of the sign regulations set for
herein under the zoning authority of the City.
Subd. 3. E 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 ofsign 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.
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Subd. 2. Animated Sign. A sign which includes action or motion
Subd. 3. Awning. A roof -like cover, often offabric, 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. 5. 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. Canony. A permanent roof structure attached to and supported by the
building.
Subd. 12. Canopy 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 (5) square feet.
Subd. 16. Electric Sign. Any sign containing electric wiring but not including signs
illuminated by an exterior light source.
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Subd. 17. Electronic Message Sign. Any sign that displays a message electronically
through the use of light emitting diodes (LED's).
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. Flag. 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 Sig_, 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.
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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
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. Maior 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. Mar uee Sign. 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. Off Premise Si". 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 Messa es. 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.
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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 ofsuch 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.
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. Projecting Sign. 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 gn. 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 it 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.
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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.
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. Shopping Center. Any shopping center as defined in Section 1635.05, Subd. 8.
Subd. 61. Sign. 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. Stringer. A line of string, rope, cording, or an equivalent to which is attached
a number ofpennams.
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.
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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.
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 ifsuch 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
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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.
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 Screech. Notwithstanding any other provisions of this sign
ordinance, all signs of any size containing Non - Commercial Speech may be posted from
August I 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 Sims. 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
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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
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. Sums 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 than five (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 -1A, 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 (15)
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. Sys 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.
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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.
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 suns.
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. Chanizing D4plaV Sur ace. 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 (6) 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 (112) of the open
window space must be below a horizontal line which is f ve (5) 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. 5. Signs 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 prohibited sign under Section
1400.07.
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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
project, up to a maximum of thirty -two (32) square feet. Staff suggests this be in
requiring permit suns
Subd. 9. On -Site Temporary Subdivision Signs. One (1) on -site temporary sign
advertising a group of loisfor sale within a subdivision or group of housesfor 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 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.
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(6) Type ofsign (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.
(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.
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Subd. 2. Hei t. 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.
(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 fifteen (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- IA. 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
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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:
Awning signs
ii. Balloon signs
iii. Canopy signs
iv. Flashingsigns
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.
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(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)
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 (112)
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.
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(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) rimes 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.
(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.
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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:
(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. Maiority 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 - Conforming Signs.
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Subd. I. 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-Conforminiz 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.
(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.
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League of Minnesota Cities
LMC Insurance Trust
145 University Avenue West, St Paul, MN 55103 -2044
4aogaa /M ;..�eeom C;t,' =, (651) 281 -1200 • (800) 925 -1122
G'ties promot+ng arcellanca Fax: (651) 281 -1298 • TDD: (651) 281 -1290
www.lmnc.org
LMCIT RISK MANAGEMENT INFORMATION
SIGN ORDINANCES AND THE FIRST AMENDMENT
By Paul Merwin, LMCIT Senior Land Use Attorney
This memorandum discusses some of the basics of designing a sign ordinance that meets the
requirements of the First Amendment.
General First Amendment Principles
The First Amendment protects signs as speech, and courts will look very closely at any attempts
to regulate signs.
There are a few rules for regulating signs:
1. Do not regulate based on content.
2. Do not favor commercial speech (advertising) over noncommercial speech.
3. Restrictions on signs must accomplish a substantial government interest and be no broader
than necessary. The main substantial governmental interests recognized by courts are traffic
safety and aesthetics.
With this background in mind, there are several steps cities can take when drafting ordinances.
Provisions All Sign Ordinances Should Have
Every sign ordinance should probably contain the following provisions:
Statement of Purpose
Tells why the ordinance was drafted and how it should be applied. Should state clearly that it is
not intended to have content -based restrictions and should not be applied that way. Provides a
quick clear statement of government purposes and how the ordinance fulfills those purposes
rather than needing to review your legislative record if challenged.
Substitution Clause
Provides that for every sign that is allowed, any non - commercial message could be legally
substituted. Ensures that non - commercial speech is never discriminated against based on content
because it will always allow a noncommercial message on any sign. Many ordinances
inadvertently define signs in terms of advertising and may incidentally seem to allow only
commercial messages. A substitution clause may correct these mistakes by providing a catch -all
allowance of noncommercial messages notwithstanding other provisions.
•• +,,,a.r:, a, rs aroriaea as general Information and Is not a substitute for legal advice.
Consult your attorney for advice concerning specific situations.
Severability Clause
Provides that if any provision of the ordinance is found to be invalid, the remainder of the
ordinance stands on its own and is still valid. May prevent a flaw in part of the ordinance from
invalidating all of it.
Acknowledgement of election season pre- emption
Minnesota Statute 211 B.045 requires municipalities to allow noncommercial signs of any size
during election season, from August 1 until ten days after the election.
Do not misinterpret this language. It gives extra protection to noncommercial speech during
election season. It does not limit political signs to only that time.
Content Neutral regulations based on time, place, and manner
Regulations should be objectively based on time, place, and manner, not content. Examples
include regulations based on size, brightness, zoning district, spacing, and movement.
Provisions All Sign Ordinances Should Avoid
Unfettered discretion
Avoid discretionary approval by the city. Having discretion creates the potential for favoring
some messages or messengers over others, whether or not that discretion is actually abused.
Permit requirements should be transparent and objective.
Exemptions or favoritism
Avoid exempting certain groups or messages, such as church signs or official flags, from permit
requirements. This could be content -based discrimination.
Exemptions also may "water down" the substantial government interest. For example, if an
ordinance prohibits temporary signs but allows a long list of exemptions, it suggests the city is
not really concerned about temporary signs.
This is different from providing exemptions based on valid time, place, or manner restrictions,
such as exempting all signs under a certain size from permitting requirements.
Inadvertently treating non - commercial speech differently by defining "sign " as "advertising"
Beware of over - defining terms. This occasional problem is the combination of a few steps:
1. Signs are defined as advertising devices.
2. The ordinance allows signs as defined.
3. All other signs are prohibited.
This arguably prohibits noncommercial speech, which is unconstitutional.
111> nidadridi is provioeu as general information and Is not a substitute for legal advice.
Consult your attorney for advice concerning specific situations.
-2-
Common Questions and Issues
Off-premise advertising (Billboards)
Off - premise advertising consists of commercial signs that do not advertise for a business on the
same premises as the sign. It is legal to forbid off - premise advertising, so long as the prohibition
does not extend to noncommercial messages.
Flags
Be cautious of regulations that might favor some types of flags, particularly the United States
Flag, over other flags. This is a good place for the substitution clause; if one type of
noncommercial flag would be acceptable, any noncommercial flag should be allowed.
Yard Signs
Some courts have held that yard signs are constitutionally protected and cannot be prohibited.
Be especially cautious about provisions that favor some messages over others, such as
exemptions for real estate or construction project signs.
Electronic Signs
Electronic signs present new challenges, as the technology is capable of new levels of brightness,
movement, flashing, and potential distraction. Most sign ordinances do not adequately address
these issues. The League has commissioned a study on the traffic safety implications of the
technology. Cities may wish to consider moratoriums while the study is conducted and then
drafting ordinances that apply the information to each community. A moratorium may prevent
electronic signs from becoming grandfathered.
Summary
Keep in mind these basic rules of thumb:
1. Do not regulate content.
2. Do not favor commercial speech over noncommercial speech.
3. Provide and follow clear procedures.
4. Explain your rationale and purpose.
5. Avoid exceptions.
There are exceptions to these rules, but they should be approached cautiously and with legal
advice.
For assistance or sample ordinances, contact one of the LMCIT land use attorneys: Paul Merwin
at 651- 281 -1278; or Jed Burkett at 651- 281 -1247.
This material Is provided as general Information and Is not a substitute for legal advice.
Consult your attorney for advice concerning specific situations.
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