§ 18-103. Minimum housing standards.

No person shall occupy as owner-occupant, or let or sublet to another for occupancy (for compensation or not), any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking, or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements:

(a)

Sanitary facilities. Every dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, and a water closet all in good working condition and properly connected to an approved water and sewer system. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition free from defects, leaks, and obstructions.

(b)

Location of sanitary facilities. All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet, tub or shower and lavatory shall be located in a room affording privacy to the user. Bathrooms shall be accessible from habitable rooms, hallways, corridors or other protected or enclosed areas.

(c)

Hot and cold water supply. Every dwelling unit shall have adequate supply of both cold and hot water connected to the kitchen sink, lavatory, and tub or shower. All water shall be supplied through an approved distribution system connected to a potable water supply.

(d)

Water heating facilities. Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit (49 degrees Celsius). Such water heating facilities shall be capable of meeting the requirements of this section when the dwelling or dwelling unit heating facilities required under the provisions of this Code are not in operation. Apartment houses may use a centralized water heating facility capable of heating an adequate amount of water as required by the Standard Plumbing Code to not less than 120 degrees Fahrenheit (49 degrees Celsius).

(e)

Heating facilities. Every dwelling unit shall have heating facilities which are properly installed, are maintained in safe and good working conditions, and are capable of safely and adequately heating all habitable rooms and bathrooms. Where a central heating system is not provided, each dwelling unit shall be provided with facilities whereby heating appliances may be connected. Gas heaters listed for unvented use shall be permitted provided the total input rating of the heaters is less than 30 Btu per hour per cubic foot (314 W/m ) of room content. Such heaters shall be prohibited in bedrooms. The use of any liquid fueled unvented heating appliance shall be permitted in one-family and two-family residences only, providing such appliance is tested and listed by an approved laboratory according to requirements of UL 647 (1984) and providing the fuel is stored in containers meeting ASTM ES-8 for kerosene containers.

(f)

Kitchen facilities. Every dwelling unit shall contain a kitchen equipped with the following minimum facilities: Food preparation surfaces impervious to water and free of defects which could trap food or liquid. Shelving, cabinets or drawers for the storage of food and cooking and eating utensils, all of which shall be maintained in good repair. Freestanding or permanently installed cook stove. Portable electric cooking equipment shall not fulfill this requirement. Portable cooking equipment employing flame shall be prohibited. Mechanical refrigeration equipment for storage of perishable foodstuffs. Exception: Nothing herein shall preclude a written agreement between an owner and tenant that the tenant will furnish mechanical refrigeration equipment and/or a cook stove as required in this section. It shall be an affirmative defense available to an owner charged with a violation of this section if such an agreement exists.

(g)

Garbage disposal facilities. Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, of a type and location approved by the applicable governing body.

(h)

Fire protection. A person shall not occupy as owner-occupant nor shall let to another for occupancy, any building or structure which does not comply with the applicable provisions of the fire prevention code as determined by the fire marshal of the applicable governing body.

(i)

Smoke detector systems. Every dwelling unit shall be provided with an approved listed smoke detector, installed in accordance with the manufacturer's recommendations and listing. When activated, the detector shall provide audible alarm. The detector shall be tested in accordance with and meet the requirements of UL 217 (1989) Single and Multiple Station Smoke Detectors.

(j)

Windows. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be eight percent of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light obstruction structures are located less than three feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 15 percent of the total floor area of such room.

(k)

Ventilation. Every habitable room shall have at least one window or skylight which can be easily opened, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall equal to at least 45 percent of the minimum window area size of minimum skylight-type window size, as required, or shall have other approved, equivalent ventilation. Year-round mechanically ventilating conditioned air systems may be substituted for windows, as required herein, in rooms other than rooms used for sleeping purposes. Window type air conditioning units are not included in this exception. Bathroom: Every bathroom shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with an approved ventilating system.

(l)

Electric lights and outlets. Where there is electric service available to the building structure, every habitable room or space shall contain at least two separate and remote receptacle outlets. Bedrooms shall have, in addition, at least one wall switch controlled lighting outlet. In kitchens, two separate and remote receptacle outlets shall be provided (receptacles rendered inaccessible by appliances fastened in place or by appliances occupying dedicated space shall not be considered as these required outlets) and a wall or ceiling lighting outlet controlled by a wall switch shall be provided. Every hall, water closet compartment, bathroom, laundry room or furnace room shall contain at least one ceiling-mounted or wall-mounted lighting outlet. In bathrooms, the lighting outlet shall be controlled by a wall switch. In addition to the lighting outlet in every bathroom and laundry room, there shall be provided at least one receptacle outlet. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection.

(m)

Light in public halls and stairways. Every common hall and inside stairway in every building, other than one-family dwellings, shall be adequately lighted at all times with an illumination of at least one footcandle intensity (10.76 lux) at the floor in the darkest portion of the normally traveled stairs and passageways.

(n)

Electrical systems. Every electrical outlet and fixture, and all electrical wiring and equipment shall be installed, maintained and connected to a source of electric power in accordance with the provisions of the electrical code in effect at the time the structure was built. Any alteration or repair shall comply with the electrical code in effect at that time.

(o)

Foundation. The building foundation system shall be maintained in a safe manner and capable of supporting the load which normal use may cause to be placed thereon.

(p)

Exterior walls. Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit rain, or dampness to the interior portions of the walls or to the occupied spaces of the building. All siding material shall be kept in repair.

(q)

Roofs. Roofs shall be structurally sound and maintained in a safe manner and have no defects which might admit rain or cause dampness in the walls or interior portion of the building. All portions, additions or sections of a roof including, but not limited to, the fascia, eave, soffit, sheathing, rafter tail, barge rafter, vent screening, gutter, downspout, roof jack, lead or metal flashing, shall be complete with all trim strips, moldings, brackets, braces and supports in accordance with common building practices. No item shall display signs of deterioration, abuse or improper installation that could be construed to affect the purpose of that item or cause damage to the immediate area or roof structure, that could allow dampness or admit rain to the interior of that building. This requirement shall not be construed to mean that gutters are required.

(r)

Means of egress. Every dwelling unit shall have safe, unobstructed means of egress with minimum ceiling height of seven feet (2,134 mm) leading to a safe and open space at ground level. Stairs shall have a minimum head room of six feet eight inches (2,032 mm).

(s)

Stairs, porches and appurtenances. Every inside and outside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and good repair.

(t)

Protective railings. Protective railings shall be required on any unenclosed structure over 30 inches (762 mm) above the ground level or on any steps containing four risers or more.

(u)

Window maintenance. Every window shall be substantially weathertight, watertight and rodent-proof, and shall be kept in sound working condition and good repair. Every window sash shall be fully supplied with glass window panes or an approved substitute which are without open cracks or holes. Window sashes shall be properly fitted and weathertight within the window frame. Every window required for light and ventilation for habitable rooms shall be capable of being easily opened and secured in position by window hardware.

(v)

Exterior doors. Every exterior door, basement or cellar door and hatchway shall be substantially weathertight, watertight, and rodent-proof, and shall be kept in sound working condition and good repair. Every exterior door shall be provided with properly installed hardware that is maintained to insure reasonable ease of operation to open, close and secure in an open or closed position, as intended by the manufacturer of the door and the attached hardware. Exterior door frames shall be properly maintained and shall be affixed with weather stripping and thresholds as required to be substantially weathertight, watertight and rodent and insect resistant when the door is in a closed position. Exterior door jambs, stops, headers and moldings shall be securely attached to the structure, maintained in good condition without splitting or deterioration that would minimize the strength and security of the door in a closed position.

(w)

Screens. Dwelling units which do not have a central air conditioning system shall have screens on all exterior openable windows and doors used or required for ventilation. Screens on windows and doors shall be stretched and fitted and maintained without significant open rips or tears. A closing device shall be installed on all screen doors.

(x)

Protective treatment. All exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. All siding shall be weather-resistant and watertight. All masonry joints shall be sufficiently tuck pointed to insure water and air tightness.

(y)

Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained and kept in good repair and sound structural condition.

(z)

Interior floors, walls and ceilings. Every floor, interior wall and ceiling shall be substantially rodent-proof, shall be kept in sound condition and good repair and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.

(aa)

Impervious surfaces. Every toilet, bathroom and kitchen floor surface shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

(bb)

Structural supports. Every structural element of the dwelling shall be maintained structurally sound and show no evidence of deterioration which would render it incapable of carrying normal loads.

(cc)

Protective railings for interior stairs. Interior stairs and stairwells more than four risers high shall have handrails located in accordance with the requirements of the code in effect at the time the structure was built. Handrails or protective railings shall be capable of bearing normally imposed loads and be maintained in good condition.

(dd)

Firestopping and draftstopping. Firestopping shall be maintained to cut off all concealed draft openings both horizontal and vertical and to form a fire barrier between floors and between the upper floor and the roof space. Draftstopping shall be maintained to cut off all concealed draft openings in floor/ceiling assemblies and in attics.

(ee)

Interior doors. Every existing interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. Every interior door shall be provided with proper hardware, securely attached and maintained in good condition. Hasp lock assemblies are not permitted on the exterior side of the door of habitable rooms. Privacy of bathrooms shall be afforded by doors complete with privacy hardware intended by the manufacturer for that purpose.

(ff)

Skirting. Existing skirting shall be maintained free from broken or missing sections, pieces or cross members. Skirting shall be securely attached and sized from the ground to the lower outside perimeter of the structure. Replacement or new skirting shall be constructed of materials intended for exterior use and properly sized and mounted to prevent free access to the crawl space of the structure. Crawl space access grille or door and ventilation grilles shall be sized according to local code requirements.

(gg)

Required space in dwelling unit. Every dwelling unit shall contain at least 150 square feet (13.9 m ) of floor space for the first occupant thereof and at least an additional 100 square feet (9.3 m ) of floor area per additional occupant. The floor area shall be calculated on the basis of the total area of all habitable rooms.

(hh)

Minimum ceiling height. Habitable (space) rooms other than kitchens, storage rooms and laundry rooms shall have a ceiling height of not less than seven feet (2,134 mm). Hallways, corridors, bathrooms, water closet rooms and kitchens shall have a ceiling height of not less than seven feet (2,134 mm) measured to the lowest projection from the ceiling. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the room area. No portion of the room measuring less than five feet (1,524 mm) from the finished floor to the finished ceiling shall be included in any computation of the minimum room area.

(ii)

Occupancy of dwelling unit below grade. No basement or cellar space shall be used as a habitable room or dwelling unit unless:

(1)

The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness; and

(2)

The total window area in each room is equal to at least the minimum window area size as required in subsection (j) above; and

(3)

Such required minimum window area is located entirely above the grade of the ground adjoining such window area; and

(4)

The total of openable window area in each room is equal to at least the minimum as required under subsection (j) above, except where some other device affording adequate ventilation is supplied.

(jj)

Sanitation. Every owner of a multiple dwelling shall be responsible for maintaining in a clean and sanitary condition the shared or common areas of the dwelling and premises thereof.

(kk)

Extermination. Every owner and occupant of a single dwelling building and every owner of a building containing two or more dwelling units shall be responsible for the extermination of any insects, rodents, or other pests within the building or premises, including the pool and other structures on the property. Exception: Extermination of wood-destroying organisms shall, in all cases, be the responsibility of the building owner.

(ll)

Rooming houses. The following requirements apply to rooming houses:

(1)

At least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system and in good working condition, shall be supplied for each four rooms within a rooming house wherever such facilities are shared. All such facilities shall be located on the floor they serve within the dwelling so as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities.

(2)

Every lavatory basin and bathtub or shower shall be supplied with hot water at all times.

(3)

Every room occupied for sleeping purposes by one person shall contain at least 70 square feet (6.5 m ) of floor space and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet (4.6 m ) of floor space for each occupant thereof.

(4)

Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the building code of the applicable governing body.

(5)

The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for maintenance of a sanitary condition in every other part of the rooming house, and shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator.

(mm)

Care of premises. A violation of the standards for "Accumulation of debris; property maintenance" in section 530.10 of the Land Development Code or of section 106-54 ("Outdoor storage of inoperative, unregistered, abandoned, or wrecked vehicles on any property prohibited") of this Code concerning the open storage of unlicensed or inoperable vehicles also constitutes a violation of the minimum housing standards. A swimming pool may not contain foul, polluted, filthy or stagnant water, or become full of accumulated algae, refuse, dirt, or similar matter, so that the pool presents an unsightly appearance or foul odor which may be viewed or smelled from adjoining public or private property.

Debris: It shall be unlawful for any owner, occupant, tenant, lessee, or other person responsible for the condition of property to permit or maintain, or for any person to cause, an accumulation of rubbish, waste, trash, or debris, decaying vegetative matter, exposed salvageable material, or other manmade materials upon any lot, tract, or parcel of land where the effect of such accumulation is to cause or create:

(1)

A visual nuisance or other unsightly condition visible from adjoining public or private property;

(2)

An actual or potential haven or breeding place for snakes, rats, rodents, or other vermin of like or similar character;

(3)

An actual or potential breeding place for mosquitoes;

(4)

A fire hazard to adjacent properties;

(5)

An adverse effect on or impairment of the economic welfare of adjacent properties;

(6)

A hazard to traffic at road intersections or rights-of-way within the county; or

(7)

A nuisance as defined by law or other unsanitary condition.

Vehicles: It shall be a violation for any person, firm, or a corporation to keep or permit the keeping, dumping, storing, placing, or depositing of inoperative, unlicensed, unregistered, abandoned, junked, disabled, wrecked, discarded or otherwise unused motor vehicles on any property, street, or highway. An inoperative vehicle includes a vehicle that is in a state of disrepair and incapable of immediate movement under its own power, or a vehicle that is incapable of being lawfully operated on the streets of the state. A vehicle shall be deemed inoperative if one or more parts which are required for the operation of the vehicle are missing, are dismantled, are inoperative or are not attached to the vehicle as designed. A vehicle shall be presumed incapable of being lawfully operated on the streets of the state if a current registration tag, also known as a license plate, of a kind required under state law as a condition of operation upon the public streets or highways, is not affixed to the assigned vehicle. This section does not apply to vehicles located in a junkyard lawfully situated and licensed for the same, or in a completely enclosed garage or enclosed carport as provided in section 106-57 of the Pasco County Code.

(Ord. No. 07-20, § 1, 9-11-07; Ord. No. 15-22, § 3, 10-20-15)