055 of 1995 - Repealing portions of Chapters 5.14, 5.56, 18.48 and 21A.26-9.5, and enacting Chapter 2.21 and ChaptU 74-L
SALT LAKE CITY ORDINANCE
No. 55 of 1995
(Repealing portions of
Chapters 5.14, 5.56, 18.48
and 21A.26-9.5, and enacting
Chapter 2.21 and Chapter 18.50 as the
"Salt Lake City Existing Residential Housing Code")
AN ORDINANCE REPEALING PORTIONS OF CHAPTERS 5.14, 5.56,
18.48 AND 21A.26-9.5, AND ENACTING CHAPTER 2.21 AND CHAPTER 18.50
AS THE "SALT LAKE CITY EXISTING RESIDENTIAL HOUSING CODE."
WHEREAS, the City finds that housing for City residents
should meet certain health and safety standards; and
WHEREAS, the City finds that dilapidated buildings adversely
affect the tax base of the City and the property values of
surrounding properties; and
WHEREAS, the existing stock of residential housing in the
City is a valuable resource which should be preserved; and
WHEREAS, the City finds that there are approximately 73,000
residential dwellings in Salt Lake City of which approximately
38,000 are rentals and approximately 35,000 are owner -occupied;
and
WHEREAS, the City conducted a survey between 1990 and 1992,
and found approximately 16.8% of housing to be in some way
"substandard"; and
WHEREAS, these housing deficiencies differ in severity and
in the time required for their correction; and
WHEREAS, in light of these differences in severity and the
difficulties inherent in working with older homes, the City
believes it appropriate that owners have certain flexibility in
order to make repairs on older residential buildings; and
WHEREAS, the City determines that certain of the standards
of the Uniform Building Code and the Uniform Housing Code are too
strict and stringent to allow the proper renovation and use of
existing buildings; and
WHEREAS, to formulate a code more appropriate for the use
and renovation of existing residential buildings in Salt Lake
City, the City has conducted an extensive drafting and public
comment process including seeking comment from numerous affected
rental property owners and holding a public hearing on March 3,
1994, an open house for informal comments and discussion on April
13, 1995, a public hearing on May 16, 1995, and a final hearing
before the City Council on July 11, 1995; and
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WHEREAS, the City finds that the proposed "Salt Lake City
Existing Residential Housing Code," Chapter 18.50, is in the best
interests of the City,
NOW, THEREFORE, be it ordained by the City Council of Salt
Lake City, Utah:
SECTION 1. That Sections 18.48.040 and 18.48.050, creating
the Housing Advisory and Appeals Board, be and the same hereby
are, repealed. The section numbers shall be retained and shown
as "deleted."
SECTION 2. That Chapter 2.21 recreating the Housing
Advisory and Appeals Board be, and the same hereby is, enacted to
read as follows:
CHAPTER 2.21
2.21.010 Creation and Membership.
A. The City hereby creates a Housing Advisory and Appeals
Board ("HAAB").
B. HAAB shall be comprised of ten members, appointed by
the Mayor, with the advice and consent of the City Council from
among the qualified electors of the City in a manner providing
balanced geographical, professional, neighborhood and community
representation.
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C. HAAB shall annually elect a Chair and a Vice -Chair who
shall serve for a term of one year each. The Chair or Vice -Chair
may not be elected to serve consecutive terms in the same office.
The Secretary of HAAB shall be designated by the Building
Official.
D. HAAB members may serve a maximum of two consecutive
full terms of four years each. Subject to the processes of
2.21.010.B, the Mayor shall appoint a new HAAB member to fill any
vacancy that might arise. If such appointment is for less than
two years, the partial term shall not be included in the
determination of any person's eligibility to serve two
consecutive full terms.
2.21.020 Powers and Authority.
HAAB shall have the power and authority to:
A. Interpret the provisions of Chapter 18.50;
B. Hear and decide appeals as specified in Chapter 18.50;
C. Modify the impact of specific provisions of Chapter
18.50, where strict compliance with the provisions is
economically or structurally impracticable and any approved
alternative substantially accomplishes the purpose and intent of
the requirement deviated from;
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D. Conduct housing impact and landscape hearings pursuant
to Chapter 18.64;
E. Recommend new procedures to the building official and
new ordinances regarding housing to the City Council; and
F. Conduct abatement hearings pursuant to Chapter 18.48.
2.21.030 Policies and Procedures.
HAAB shall adopt policies and procedures for the conduct of
its meetings, the processing of applications, and for any other
purposes considered necessary for its proper functioning.
2.21.040 HAAB Panels.
Unless otherwise determined appropriate by the Chair, HAAB
may exercise any of its responsibilities under Chapter 18.50 in
panels of five voting members appointed by the Chair.
2.21.050 Record of Proceedings.
The proceedings of each meeting of HAAB and any panel of
HAAB and all public hearings shall be recorded on audio
equipment. Records of confidential executive sessions shall be
kept in compliance with the Government Records Access and
Management Act. The audio recording of each meeting shall be
kept for a minimum of 60 days. Upon the written request of any
interested person, such audio recording shall be kept for a
reasonable period of time beyond the 60-day period, as determined
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by HAAB. Copies of the tapes of such proceedings may be
provided, if requested, at the expense of the requesting party.
HAAB shall keep written minutes of its proceedings and records of
all its examinations and official actions.
2.21.060 Quorum and Vote.
A. No business of the full HAAB shall be conducted at a
meeting without at least a quorum of six voting members. No
action of a HAAB panel shall be taken without the presence of
four of the five members of the panel.
B. All actions of the full HAAB shall be represented by a
vote of the membership. A simple majority of the voting members
present at a full HAAB meeting at which a quorum is present, or
at least three members of a HAAB panel, shall be required for any
action taken.
C. Any decision by a HAAB panel shall be effective
immediately.
D. A decision of the full HAAB shall become effective upon
approval of the minutes. By a two-thirds vote of the members
present, HAAB may make any decision effective immediately upon
adoption.
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2.21.070 Conflicts of Interest.
No member of HAAB shall participate in or be present at the
hearing or disposition of any matter in which that member has any
conflict of interest prohibited by Chapter 2.44 of the Salt Lake
City Code. HAAB may, by majority vote of the members present,
allow a member who would otherwise be required to leave due to a
conflict, to be present if required by special or unusual
circumstances.
2.21.080 Removal of a Member.
Any member of HAAB may be removed by the Mayor for violation
of Title 18 or any Policies and Procedures adopted by HAAB
following receipt by the Mayor of a written complaint filed
against the member. If requested by the member, the Mayor shall
provide the member with a public hearing conducted by a hearing
officer appointed by the Mayor.
SECTION 3. That the following sections be and the same
hereby are, repealed or amended as follows:
5.14.080. Investigation - By building and housing services.
The original application for an apartment house regulatory
business license shall be referred to the building and housing
services division for investigation as to whether or not the
requirements of the Existing Residential Housing Code, Uniform
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Building Code and Uniform Code for Abatement of Dangerous
Buildings, as adopted and amended in Title 18 of this code, are
being complied with. The building and housing services division
shall report to the license office within seven days as to the
fitness of the applicant regarding compliance with said
ordinances and regulations. It shall further be the duty of such
office, as the license has been granted, to continually, and at
least once annually, examine and inspect the licensed premises
with regard to building code and zoning code compliances and
approve renewals of such regulatory licenses. Should it
subsequently appear that any ordinance, regulation or requirement
of the city is being violated, the fact shall at once be reported
to the license office, at which time the license office will
inform the mayor and take action in regards to the revocation of
said license as the mayor deems just and proper.
5.56.075 Investigation -By building official.
The original application for a roominghouse, boardinghouse
or residential treatment facility license shall be referred to
the building official for investigation as to whether or not all
laws, ordinances and regulations of the city, including but not
limited to those pertaining to the Existing Residential Housing
Code, Uniform Building Code and Uniform Code for the Abatement of
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Dangerous Buildings, as adopted and amended in Title 18 of this
code, or its successor title, are being complied with. The
building official shall report to the license office within
thirty days as to the fitness of the applicant regarding
compliance with such laws and ordinances, and it shall further be
the duty of the building and housing department, after a license
has been granted, to continually examine and inspect such place
of business in regard to the matters hereinbefore stated. Should
it subsequently appear that any ordinance, regulation or
requirement of the city is being violated, such fact shall at
once be reported to the license office, at which time such office
shall take action in regards to the granting or denying of such
application for a license or in regard to the revocation of an
existing license as the license supervisor deems just and proper.
Chapter 18.48. HOUSING AND DANGEROUS BUILDINGS
Sections:
Article I. Code Adoption and Administration
18.48.010
18.48.020
18.48.030
18.48.040
Uniform Code for the Abatement of Dangerous
Buildings adopted.
City council as governing body.
Housing inspection fees.
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18.48.050
18.48.060 Performance of abatement work.
18.48.070 Recovery of cost of repair or demolition.
18.48.080 Public nuisances - Administrative review and
limitations.
Article II. Temporary Securing of Buildings
* * *
Article I. Code Adoption and Administration
18.48.010 Uniform Code for the Abatement of Dangerous
Buildings adopted.
The Uniform Code for the Abatement of Dangerous Buildings,
1994 Edition, hereinafter sometimes referred to as "UCADB," are
hereby adopted by Salt Like City as the ordinances, rules, and
regulations of the city, subject to the amendments and exceptions
thereto as set out in this chapter; three copies of said codes
shall be filed for use and examination by the public in the
office of the city recorder. The purpose of these codes is to
provide minimum requirements for the protection of life, limb,
health, property, safety, and welfare of the general public and
the owners and occupants of buildings within the city, and
providing for correction of violations thereof. Hereafter, all
references in the Salt Lake City Code to the Uniform Code for
10
the Abatement of Dangerous Buildings, 1994 Edition adopted by
Section 18.48.010, or its successor, are amended and deemed to
read the Uniform Code for the Abatement of Dangerous Buildings,
1994 Edition.
18.48.020 City council as governing body.
All references to a governing body in the Uniform Code for
the Abatement of Dangerous Buildings, 1994 Edition, as adopted by
Section 18.48.010, or its successor, are amended to refer to the
city council of Salt Lake City, hereinafter "City Council,"
except as specifically amended.
18.48.060. Performance of abatement work.
Chapter 6 of the Uniform Code for the Abatement of
Dangerous Buildings, 1994 Edition
PROCEDURES FOR CONDUCT OF
HEARING APPEALS
Section 601 UCADB. Hearing.
(a) * * *
(b) * * *
(c) * * *
(d) * * *
(e) * * *
11
* *
* * *
(ii) * * *
(iii) * * *
(h) * * *
Section 801 UCADB. Abatement work.
(a) * * *
(b) * * *
Section 802 UCADB. Repair and demolition abatement fund.
(a) * * *
(b) * * *
18.48.070. Recovery of cost of repair or demolition.
Chapter 9 of the Uniform Code for the Abatement of
Dangerous Buildings, 1988 Edition, shall be amended to read as
follows:
RECOVERY OF COST OF REPAIR OR DEMOLITION
Section 901 UCADB. Account of expense and filing of
reports. Contents.
The Building Official shall keep an itemized account of
expense incurred by the City in the abatement by work authorized
by an order of the Mayor under this code. Within ten days of the
completion of the abatement work of demolition or repair as
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ordered by the Mayor, said Building Official shall prepare and
file with the City Recorder a report specifying the work done,
the itemized and total cost of the work to be reimbursed, a
description of the real property upon which the building or
structure is or was located, and the name and addresses of the
property owner(s) joined as parties in the abatement proceeding
or otherwise entitled to notice pursuant to this code.
Concurrently, the Building Official shall file three copies
of the account with the County Treasurer and mail a fourth copy
of the account to the named property owner(s) demanding payment
within twenty days of the date of mailing by certified or
registered mail to the last known address of the property owner,
or the address shown on current property tax rolls.
Section 903 UCADB. Protests and objections. How made.
Any property owner(s) or interested parties affected by the
proposed charge who desire to protest the amount or method of
collection, shall file a written protest or objection with the
City Recorder within twenty days of the date of the demand and
mailing of the report. Each such protest or objection shall
contain a description of the property involved and state the
grounds of such protest or objection. The City Recorder shall
endorse on every such protest or objection the date it was
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received in the Recorder's office and shall present such protest
or objections to the Office of the Mayor to be set for hearing
and no other protest or objection shall be considered. The Office
of the Mayor shall fix a time, date, and place for hearing of
said objection and shall cause the City Recorder to prepare
notice of said hearing to be posted upon the property involved,
published once in a newspaper of general circulation in the City,
and served by certified mail, postage prepaid, addressed to the
owner(s) of the property at the address as it appears on the
Building Official's report or on the address submitted on the
protest. Such notice shall be given at least seven (7) days prior
to the date set for hearing and shall specify the date, hour and
place when the Mayor will hear and pass upon the Building
Official's report, together with the objections and protests that
have been filed.
Section 904 UCADB. Hearing of protest and approval of
report.
Upon the day and hour fixed for hearing, the Mayor shall
hear and pass upon the report of the Building Official together
with objections made thereto. The Mayor may make such revision,
correction, or modification in the report or the charge as deemed
just. When the Mayor is satisfied with the correctness of the
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charge, the report (as submitted or as revised, corrected or
modified) together with the charge shall be affirmed or rejected.
The decision of the Mayor on the report and the charge, and all
protests, and objections thereto shall be final and conclusive.
If no objections to the items of the report are so filed or
made within twenty (20) days of the date of the mailing of such
report by the Building Official, the City Recorder shall so
certify upon the report which shall be deemed to be approved by
the Mayor. In the event the abatement order of the Mayor directed
the charge to be certified to the County Treasurer as a certified
lien to be included upon the county tax rolls, the Recorder shall
send a copy of the approved report to the City Treasurer and
certify the same as a lien to the County Treasurer and the Board
of County Commissioners.
Section 905 UCADB. Method of collection.
(a) * * *
(i)
* * *
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Section 906 UCADG. Contest - Time limitation.
The validity of any assessment made under the provisions of
this chapter shall not be contested in any action or proceeding
unless the same is commenced in a court of competent jurisdiction
within thirty days after the assessment is placed upon the
assessment rolls provided herein. An appeal from a final judgment
in such action or proceeding must be perfected within thirty days
after the entry of such judgment.
Section 907 UCADG. Authority or installment payment of
assessments with interest.
The Mayor, in his/her discretion, may determine that
assessments which are special assessments on City tax rolls in
amounts of $500 or more, may be payable in not to exceed five
equal annual installments. The Mayor's determination to allow
such assessments to be paid in installments, the number of
installments, and whether they shall bear interest and the rate
thereof, shall be specified in the order of abatement, or any
order issued as a result of a protest or objection to the
Building Official's report. Said authority to allow installment
payments of assessments with interest, shall only be allowed on
special assessments placed on the City tax rolls, and shall not
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apply to any assessments which are directed to be placed as a
certified tax lien on county tax rolls.
Section 908 UCADB. Lien of assessment.
(a)
(b)
* * *
* * *
Section 909 UCADB. Report to assessor and tax collector;
addition to assessment of City tax.
After confirmation of the Building Official's report,
certified copies of the assessment shall be given by the City
Recorder to the City Assessor and the City Treasurer, who shall
add the amount of the assessment as a special assessment to the
next regular tax bill levied against the parcel for municipal
purposes. A certified copy of the assessment and all assessments
for the special assessments for charges made from the repair and
demolition abatement fund, may be filed by the City Treasurer
with the County Auditor on or before August 10. The descriptions
of the parcels reported shall be those used for the same parcels
on the County Assessor's map book for the current year.
Section 911 UCADB. Collections of assessments; penalties
for foreclosure.
The amount of the special assessment shall be collected at
the same time and in the same manner as the ordinary municipal
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taxes are collected; and shall be subject to the same penalties
and procedure and sale in case of delinquency as provided for
ordinary municipal taxes. All laws applicable to the levy,
collection and enforcement of municipal taxes shall apply to such
assessments which appear upon the rolls of the City Assessor and
Treasurer.
If the Mayor has determined that the charge shall be placed
as an assessment upon the City tax rolls, and that said
assessment shall be paid in installments, each installment and
any interest thereon shall be collected in the same manner as
ordinary municipal taxes in successive years. If any installment
is delinquent, the amount thereof is subject to the same
penalties and procedure for collection as provided for ordinary
municipal taxes.
Section 912 UCADB. Repayment of repair and demolition fund.
All money recovered by payment of the charge or assessment
or from the sale of the property at foreclosure sale shall be
paid to the City Treasurer who shall credit the same to the
repair and demolition abatement fund.
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Article III
Emergency Demolition
Article III. Emergency Demolition
18.48.330 Purpose.
Not withstanding the other provisions of this chapter, the
UCADB, the process for demolishing buildings in an emergency
situation, shall be as provided by this Article III.
26-9.5
(b) (2) (ee)
Title 21A
For legalizations permitted pursuant to
Section 26-9.5 (b) (2) , any further
Existing Residential Housing Code
deficiencies affecting the building or
units, as determined by the date such
excess dwelling units were constructed,
will be recorded with the County
Recorder as a Certificate of
Nonconformance. After any sale or other
transfer of the property the Certificate
of Nonconformance shall no longer be
effective and the City may enforce any
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Existing Residential Housing Code
violations, including those referenced
in the Certificate of Nonconformance.
26-9.5
(b)(3)(dd) For legalizations permitted pursuant to
Section 26-9.5(b)(3), a Certificate of
Nonconformance shall be recorded with
the County Recorder for any further
Existing Residential Housing Code
deficiencies affecting the building or
units, as determined by the date such
excess dwelling units were constructed,
and any further parking or zoning
deficiencies. After any sale or other
transfer of the property the Certificate
of Nonconformance shall no longer be
effective and the City may enforce any
housing, zoning or parking violations,
including those referenced in the
Certificate of Nonconformance.
SECTION 4. That Chapter 18.50, "Salt Lake City Existing
Residential Housing Code" attached and incorporated as Exhibit
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"A" be, and the same hereby is, adopted.
SECTION 5. EFFECTIVE DATE. The new Chapter 18.50, "Salt
Lake City Existing Residential Housing Code," shall become
effective on August 1, 1995.
Passed by the City Council of Salt Lake City, Utah, this
day of
ATTEST:
CHIEF DEPUTY CITY RECORDER
, 19 95 .
C AIR''ERSON,.
Transmitted to the Mayor on
ATTEST:
9p1ORM..
CITY RECORDER
G:\dRDINA95\HOUSING2.BRB:le
Bill No. 55 of 1995
Published: July 18, 1995
c�a II 1995�
U (,
Approved
MAYOR
21
Vetoed
EXHIBIT "A"
SALT LAKE CITY ORDINANCE
No. 55 of 1995
Chapter 18.50
Existing Residential Housing
Sections:
1 Title
2 Purpose and scope
3 Definitions
4 Authority
5 Right of entry
6 Imminent danger situations
7 Hazardous condition situations
8 Substandard condition situations
9 Minor deficiency situations
10 Notice of deficiency
11 Appellate process details
12 Administrative Hearing Officer procedures
13 Certificate of occupancy
14 Exterior standards
15 Interior standards
16 Doors, trim, and hardware
17 Environmental or sanitary standards
18 Space and occupancy standards
19 Light and ventilation
20 Fire safety --Egress
21 Plumbing
22 Mechanical
23 Electrical
24 Energy conservation requirements
Chapter 18.50
Existing Residential Housing
1 Title.
1.1 This ordinance shall be known as the Salt Lake City Existing Residential
Housing Ordinance and is referred to herein as "this chapter".
2 Purpose and scope.
2.1 Purpose. The purpose of this chapter is to provide for the health, safety,
comfort, convenience, and aesthetics of Salt Lake City and its present and future
inhabitants and businesses, to protect the tax base, and to protect property values
within the city, as provided by Section 10-9-102, Utah Code Annotated, or its
successor section, and other applicable state statutes. This purpose shall be
accomplished by regulating the maintenance, repair, and remodeling of residential
buildings specified in this chapter existing as of the date of enactment of the
ordinance by:
2.1.1 Establishing minimum housing standards for all buildings or
portions thereof used, or designed or intended to be used, for human
habitation.
2.1.2 Establishing minimum standards for safety from fire and other
hazards.
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2.1.3 Promoting maintenance and improvement of structures by
applying standards of this chapter to renovations. This chapter allows
distinctions in the application of standards based on the year a structure
was built, as long as a reasonable level of safety can be achieved.
2.1.4 Avoiding the closure or abandonment of housing and the
displacement of occupants where such can be done without sacrificing the
public health, safety, and welfare.
2.1.5 Providing for the administration, enforcement, and penalties for
this chapter.
2.2 Scope.
2.2.1 Application to existing buildings. This chapter encompasses
fire safety and structural integrity of existing residential buildings. Within
the structures, the scope includes equipment and facilities for light,
ventilation, heating, sanitation, protection from the elements, space
requirements, and for safe and sanitary maintenance.
2.2.2 Owner -occupied versus rental properties. Except as specified in
subsection 2.2.3, the standards of this chapter apply to the interior and
exterior of all buildings, dwelling units and premises which are occupied
on a rental basis. For buildings or dwelling units which are occupied
solely by the owner and the owner's family, all the requirements defined
as imminent danger or hazardous condition situations, and those affecting
the exterior of the building shall apply. Other interior standards do not
3
apply to owner -occupied dwelling units.
2.2.3 Condominiums. Residential condominium units shall be
subject to only the requirements defined as imminent danger or hazardous
condition. Other interior standards shall not apply to residential
condominium units, nor to the interior common areas.
2.2.4 Application to remodeling of existing residential buildings.
This chapter shall apply to remodeling or renovation of all residential
buildings existing as of the date of enactment of this chapter, regardless of
tenancy, regardless of the valuation of the renovations, and regardless of
the date of such remodelling or renovation, unless otherwise noted in this
chapter. With regard to residential buildings which were constructed in
compliance with the code in effect at the time of construction, this chapter
shall not lessen such requirements. When the purpose of the renovation is
to create new dwelling units, the UBC rather than this chapter shall apply.
2.2.5 Application to new construction. From the date of adoption of
this chapter, newly constructed buildings must comply with the currently
adopted UBC. All additions to an existing building envelope shall comply
with the most recently adopted edition of the UBC.
2.2.6 Dangerous buildings. Residential buildings subject to section
302 of the UCADB shall be governed by the UCADB and not by this
chapter. If any conflict exists between this chapter and the UCADB, the
UCADB shall control.
2.2.7 Change of use. Any building undergoing a change which
intensifies the use, as defined in the UBC and the Uniform Code for
Building Conservation, shall comply with the provisions of the UBC.
2.2.8 Permits required. Except as provided in this subsection, no
building or structure regulated by this chapter shall be erected,
constructed, enlarged, altered, moved, removed, converted, or demolished
unless a separate permit for each building or structure has first been
obtained from the Building Official. Except where required by state law,
permits are not required for the following:
2.2.8.1 Floor covering installation.
2.2.8.2 Interior and exterior painting.
2.2.8.3 Attaching interior finish wall coverings and similar
interior finish work.
2.2.8.4 Replacement of glazing except where safety glazing is
required by the UBC.
2.2.8.5 Patching wall surfaces.
2.2.8.6 Installation of counter tops and cabinets.
2.2.8.7 Replacement of interior and exterior light fixtures.
2.2.8.8 Replacement of electrical wall outlets and switches.
2.2.8.9 Replacement of kitchen or bathroom sinks, toilets or
bidets where the trap and trap arm are not replaced or extended.
2.2.8.10 Replacement of faucets, washers, and traps (when the
trap is replaced with like installation and the trap arm and the
existing vents and drain lines are not disturbed).
2.2.8.11 Repair of irrigation pipelines where the backflow
preventers exist or are not being replaced.
2.2.8.12 Replacement of filters, belts, and motors in mechanical
systems.
2.2.8.13 Installation of battery operated smoke detectors or one
120 volt smoke detector.
2.2.8.14 Replacement of sidewalks on private property.
2.2.8.15 Replacement of ventilation fans.
2.2.8.16 Seasonal weatherization, as long as it does not prevent
emergency egress.
2.3 Violations. It shall be unlawful for any person, firm, or corporation to erect,
construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip,
use, occupy, or maintain any building or structure or cause or permit the same to be
done in violation of this chapter.
3 Definitions.
3.1 Construction of terms. For the purpose of this chapter, certain terms,
phrases, words, and their derivations shall be construed as specified in this section.
Words used in the singular include the plural, and words used in the plural include
the singular.
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3.2 Whole includes part. Whenever the words "apartment house", "building",
"dormitory", "dwelling unit", "habitable room", "hotel", "housing unit", or "structure"
are used in this chapter such words shall be construed as if followed by the words
"or any portion thereof," except for owner -occupied and condominium areas as
specified in subsections 2.2.2 and 2.2.3.
3.3 Referenced documents. References to codes, ordinances, chapters, sections,
or subsections shall include any successor to such code, ordinance, chapter, section,
or subsection that has been adopted by the city.
3.4 Defined terms.
3.4.1 "Addition" means an increase in floor area or height of a
building or structure outside of the existing building envelope.
3.4.2 "Administrative Hearing Officer" means a member of the
Building Services and Licensing staff who has been authorized by HAAB
to conduct administrative hearings to establish a repair agreement between
the property owner and the Building Official to resolve the property's
deficiencies as defined by this code.
3.4.3 "Agent" means any person, firm, partnership, association, joint
venture, corporation, or other entity who acts for or on behalf of others.
3.4.4 "Apartment house" means any building which contains three or
more dwelling units otherwise subject to this code.
3.4.5 "Approved" as to a given material, mode of construction or
repair, piece of equipment, or device means approved by the Building
7
Official as the result of investigation and/or tests conducted by the
Building Official, or by reason of accepted principles or tests by recognized
authorities or technical or scientific organizations.
3.4.6 "Attic" means that portion of a building included between the
upper surface of the topmost floor and the ceiling or roof above.
3.4.7 "Basement" means a floor level, any part of which is more than
four feet below grade for more than fifty percent of the total perimeter or
more than eight feet below grade at any point as floor and grade are
defined in the UBC.
3.4.8 "Bathroom" means a room containing at least one of each of the
following fixtures: sink, toilet, and tub or shower. It may also include a
bidet.
3.4.9 "Bedroom" means any space designed or used for sleeping.
3.4.10 "Building" means any structure which is used, designed, or
intended to be used for human habitation.
3.4.11 "Building closure" or "Closed to entry" or "Closed to
unauthorized entry" means a building which has been closed to occupancy.
3.4.12 "Building envelope" means the space defined by existing
floors, exterior walls, roof, basement, and attic, but not including attached
garages.
3.4.13 "Building Inspector" means a person designated by the
Building Official to make inspections of buildings and properties covered
8
by this chapter.
3.4.14 "Building Official" means the officer or other designated
authority charged with the administration and enforcement of this chapter,
or the officer's designee.
3.4.15 "Building Services and Licensing" means the office of the city
charged with the administration of the city's Building and Housing
ordinances.
3.4.16 "Ceiling height" means the vertical distance from the finished
floor to finished ceiling or to the lowest point of the ceiling framing
members. Where projections other than lighting fixtures exist below the
ceiling, the height shall be measured from the projection to the finished
floor.
3.4.17 "Certificate of occupancy" means a certificate issued by the
Building Official authorizing occupancy of a building.
3.4.18 "Common room" means a room available in congregate
housing for the shared use of occupants of two or more housing units.
This does not include common corridors and exit passages, but does
include kitchens and game rooms.
3.4.19 "Condominium" means property or portions thereof
conforming to the definition set forth in Section 57-8-3, Utah Code
Annotated, 1953, as amended, or its successor.
3.4.20 "Congregate housing" means any building which contains
9
facilities for living, sleeping and sanitation, as required by this chapter, and
may include facilities for eating and cooking, for occupancy by other than
a family. Congregate housing includes SROs, convents, monasteries,
dormitories, boarding and rooming houses, hostels, fraternity and sorority
houses, but does not include shelters, jails, hospitals, nursing homes,
hotels, or lodging houses.
3.4.21 "Cooking facility" means, at a minimum, a range with stovetop
and oven, or alternatively, a non -portable cooktop and oven, and a sink.
3.4.22 "Corridor" means a hallway that serves more than one
dwelling unit.
3.4.23 "Court" means a space, open and unobstructed to the sky,
located at or above grade level and bounded on three or more sides by
walls of 3 building.
3.4.24 "Cross connection" means any connection or arrangement,
physical or otherwise, between a potable water supply system and any
plumbing fixture or any tank, receptade, equipment or device, through
which unclean or polluted water or other substances may contaminate
such potable water supply system.
3.4.25 "Dwelling unit" means any building or a portion thereof which
contains living facilities, including provisions for sleeping, eating, cooking,
and sanitation, as required by this chapter.
3.4.26 "Efficiency dwelling unit" means a dwelling unit containing
10
only one habitable room with a bath and/or kitchen in the unit.
3.4.27 "Existing" means in existence prior to adoption of this chapter.
3.4.28 "Exitway" means a continuous and unobstructed means of
egress to a public way and includes any intervening aisles, doorways,
gates, corridors, exterior exit balconies, ramps, stairways, smokeproof
enclosures, horizontal exits, exit passageways, exit courts, and yards as
these terms are defined in the UBC.
3.4.29 "Family" means the same as defined in Title 21A of this code.
3.4.30 "Fire resistance" or "fire -resistive construction" means
construction that resists the spread of fire, as specified in the UBC.
3.4.31 "Floor area computation" means the floor area of a habitable
room excluding closets, cabinets, bathrooms, and kitchens when such
kitchens are separated from the habitable room by walls or other
partitions.
3.4.32 "Garage" means a building or portion thereof designed, used,
or intended to be used for parking or storage of a motor vehicle containing
flammable or combustible liquids or gas in its tank.
3.4.33 "Glazing" means light transmitting glass or plastic installed in
windows, doors and skylights, including safety glass, but not including
glass block.
3.4.34 "HAAB" means the city's Housing Advisory and Appeals
Board created pursuant to section 18.50 of this code.
11
3.4.35 "Hall" means a space used for circulating between the rooms
of a building.
3.4.36 "Habitable room" means a room in a building for living,
sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage
or utility space, and similar areas are not habitable rooms.
3.4.37 "Hazardous condition" means a condition in a residential
building or dwelling unit where failure of a structural, electrical,
mechanical, or plumbing component system or systems is likely to occur
within the next 96 hours but which has not yet occurred or which is not
serious enough to be considered an "imminent danger". "Hazardous
conditions" may include the following and other similarly serious
conditions:
3.4.37.1 All of the conditions listed in subsection 3.4.40 as
"imminent danger" if those conditions can be repaired with
safety while all or the affected part of the building or unit
remains occupied; or
3.4.37.2 "Imminent danger" conditions which have been
partially secured pursuant to subsection 6.2.2.2;
3.4.37.3 Beams, columns, or floor systems that are warped,
cracked or improperly fastened;
3.4.37.4 Improper, missing, misused, or malfunctioning
electrical service or disconnect devices; and
12
3.4.37.5 Failures in other buildings which may cause
serious damage or injury to people or adjoining structures.
3.4.38 "Historic building" means any building or structure which has
been designated for preservation by Salt Lake City pursuant to Title 21A of
this code or its successor, or has been listed on the National Register of
Historic Places or on the Utah State Register of Historic Places, or is a
contributory structure located in an historic district designated pursuant to
Title 21A.
3.4.39 "Hotel" means any building containing guest rooms intended
or designed to be used, rented, or hired out to be occupied, or which are
occupied for sleeping purposes by guests on a daily basis.
3.4.40 "Imminent danger" means a condition in a building or
dwelling unit subject to this chapter where structural, electrical,
mechanical, or plumbing systems have failed so that they may cause
immediate death or serious injury to the building's occupants or the
public. Conditions of "imminent danger" are those that are so severe and
dangerous that either repairs cannot be completed immediately or it is
appropriate to have the residents or other occupants leave the building or
unit before the repairs have begun. "Imminent danger" may include the
following and other similarly serious conditions:
3.4.40.1 Failed or missing foundations, beams, columns,
floor systems;
13
3.4.40.2 Broken waterlines causing flooding which is
undermining structural supports or otherwise endangering the
building's integrity;
3.4.40.3 Leaking gas;
3.4.40.4 Heating systems that are inoperable during
periods when heat is needed for the safety of occupants;
3.4.40.5 Overload of main and branch electrical
distribution systems;
3.4.40.6 Exposed electrical wires, fuses and electrical
current breakers capable of producing electrical shock or fire
and readily accessible to the occupants or the public;
3.4.40.7 Stairs and stair components that cannot carry the
loads intended and which may collapse if so loaded;
3.4.40.8 Contaminated water systems;
3.4.40.9 A complete absence of toilet or bathroom sink
facilities;
3.4.40.10 A complete lack of water or sewage disposal
facilities, as a result of a failure of a building's or dwelling unit's
system and not a city system failure;
3.4.40.11 Blocked emergency egress halls, corridors,
and/or doors;
3.4.40.12 Guardrails or stair railings in common areas that
14
are missing or cannot support required loads.
3.4.41 "Infestation" means the presence of insects, rodents, or other
pests in or around a building in numbers that are or may be detrimental to
the health, safety, or general welfare of the occupants.
3.4.42 "Kitchen" means a space or room used, designed, or intended
to be used for the preparation of food, which includes permanently
installed cooking facilities.
3.4.43 "Listed" and "Listing" are terms referring to equipment and
materials which are shown in a list published by an approved testing
agency qualified and equipped for experimental testing and maintaining
an adequate periodic inspection of current productions. The listing states
that the material or equipment complies with accepted national standards
which are approved, or standards which have been evaluated for
conformity with approved standards.
3.4.44 "Maintenance" means the repair, replacement, and refinishing
of any component of an existing structure, but does not include alteration
or modification to the existing weight -bearing structural components.
3.4.45 "Minor deficiencies" means a structural, electrical, mechanical,
or plumbing code violation that is minor in nature and is less severe or
dangerous than a "substandard condition". "Minor deficiencies" include
the following, and other similarly minor conditions:
3.4.45.1 Missing wall coverings;
15
3.4.45.2 Lack of paint;
3.4.45.3 Dripping or leaky faucets;
3.4.45.4 Missing electrical 120 volt switch or duplex outlet
covers;
3.4.45.5 Damaged or missing heat ducts or missing heat
duct registers;
3.4.45.6 Deteriorated soffit and fascia trim.
3.4.46 "Monumental stairs" means a stairway, exceeding four feet in
width, at the main entrance on the exterior of a building.
3.4.47 "Multiple -family structure means a residential building
containing three or more dwelling units.
3.4.48 "NEC" means the edition of the National Electrical Code
currently adopted by the city.
3.4.49 "Notice and order" means a document which:
3.4.49.1 Provides notice of the existence of a condition
covered by this chapter;
3.4.49.2 Orders certain actions by the owner or owner's
designee; and
3.4.49.3 Specifies subsequent processes.
3.4.50 "Notified party" means the person or persons to whom a
notice and order is issued.
3.4.51 "Occupant" means a person occupying or having possession of
16
a dwelling unit.
3.4.52 "Opening" means an exterior glazed opening capable of being
closed to the weather, consisting a window, a glazed door, or an openable
glazed skylight, which opens upon a roof, yard, court, street, alley, or
recess from a court.
3.4.53 "Owner" means any person, individual, firm, corporation,
associate, joint venture, or partnership and its agents or assigns who has
title or interest in any building, with or without accompanying actual
possession, and including any person who as agent or executor,
administrator, trustee, or guardian of an estate has charge, care, or control
of any building.
3.4.54 "Pattern of circulation" means any area in a room or group of
rooms where the occupant is likely to walk because of the location of
doors, fixtures, or furniture placement when size of room restricts
furniture placement. Fixtures, pipes, and ducts projecting from the ceiling
which are located near the middle of the room are within the pattern of
circulation.
3.4.55 "Person" means any individual, firm, corporation, association,
joint venture, or partnership and its agents or assigns.
3.4.56 "Plumbing system" means any potable water distribution
piping, and any drainage piping within or below any building, including
all plumbing fixtures, traps, vents, and devices appurtenant to such water
17
distribution or drainage piping and including potable water treating or
using equipment, and any lawn sprinkling system.
3.4.57 "Premises" means a lot, plot, or parcel of land including the
buildings or structures thereon.
3.4.58 "Public way means 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 and which has a clear width of not less than ten feet.
3.4.59 "Residential building" means the portions of a building that
contain dwelling units.
3.4.60 "Rise" means the vertical portion of a stair step.
3.4.61 "Run" means the horizontal portion of a stair step, measured
from the leading edge of the stair tread to a point directly beneath the
leading edge of the step directly above.
3.4.62 "SRO" (single room occupancy) means a congregate housing
where the dwelling units have one combined sleeping and living room and
may include a kitchen and/or a separate private bathroom.
3.4.63 "Safety" means the condition of being safe from causing harm,
injury, or loss.
3.4.64 "Secured building" means a building where all windows and
doors are intact and lockable against unauthorized entry.
3.4.65 "Sloping ceiling" means any ceiling with a slope greater than
18
one-half inch per foot.
3.4.66 "Smoke detector" means an approved device which senses
visible or invisible particles of combustion.
3.4.67 "Space, common" means shared areas available for use by the
occupants of the building.
3.4.68 "Space, private" means the portion of a dwelling unit which is
for the exclusive use of the occupants of the unit.
3.4.69 "Story" means that portion of a building included between the
upper surface of any floor and the upper surface of the floor next above or
the bottom surface of the roof structure.
3.4.70 "Structure" means anything that is built or constructed for
residential occupancy, or attached to a building for residential occupancy.
3.4.71 "Substandard condition" means a structural, electrical,
mechanical or plumbing system condition in a residential building or
dwelling unit which violates applicable codes but with maintenance or
repair can be made fully safe and which does not amount to a "hazardous
condition". "Substandard conditions" include the following and other
similar conditions:
3.4.71.1 Beams, columns, or floor systems that are warped,
cracked or improperly fastened;
3.4.71.2 Stairs that are cracked or warped or otherwise
deteriorated;
19
3.4.71.3 Inoperable heating systems during the time of
year that heating systems are not required (May through
September);
3.4.71.4 Missing light fixtures, switches, and outlet cover
plates;
3.4.71.5 Overcurrent situations such as those caused by the
use of electrical extension cords and multiple light fixtures;
3.4.71.6 Missing or inoperable fire door separations or fire
suppression systems;
3.4.71.7 Inoperable air conditioning systems, when the
building is supplied with such a system and lacks other
adequate forms of ventilation and the air conditioning system
fails to keep the air temperature below 85° F.
3.4.72 'Toilet room" means a room which contains a toilet. It may
also contain a sink, but does not contain a tub or shower.
3.4.73 "UBC" means the edition of the Uniform Building Code
currently adopted by the city.
3.4 74 "UCADB" means the edition of the Uniform Code for the
Abatement of Dangerous Buildings currently adopted by the city.
3.4.75 "UFC" means the edition of the Uniform Fire Code currently
adopted by the city.
3.4.76 "UMC" means the edition of the Uniform Mechanical Code
20
currently adopted by the city.
3.4.77 "UPC" means the edition of the Uniform Plumbing Code
currently adopted by the city.
3.4.78 "Unfit for human occupancy" means a condition of premises
which has been found by the Building Official to be an imminent danger
or hazardous condition situation as defined by this chapter, or which fails
to meet the sanitation requirements of the Salt Lake City -County Health
Department.
3.4.79 "Ventilation, natural" means any openable exterior door,
window, or skylight which opens upon a roof, yard, court, street, or alley.
3.4.80 "Yard" means an open space, other than a court, unoccupied
by any structure on the lot on which a building is situated, unobstructed
from the ground to the sky.
4 Authority.
4.1 Enforcement. The Building Official is authorized to enforce all the
provisions of this chapter. The Building Official may issue and deliver citations
under authority provided by state law.
4.2 Interpretation. The Building Official may render interpretations of this
chapter and adopt and enforce rules and supplemental regulations to clarify the
application of its provisions. Such interpretations, rules, and regulations shall
conform to the intent and purpose of this chapter, and shall be made available in
21
writing for public inspection upon request.
4.3 Alternate materials and methods of construction. This chapter is not
intended to exclude any method of structural design or repair not specifically
provided for in this chapter or the UBC. The Building Official may approve any
alternate material or method of construction conforming to Alternate Design and
Methods of Construction section of the UBC.
5 Right of entry.
5.1 Inspection. Whenever it is necessary to make an inspection to enforce any
provisions of this chapter, or whenever the Building Official has reasonable cause to
believe a code violation exists in any building or upon any premises which makes
such building or premises unsafe, dangerous, or hazardous, the Building Official
may, upon obtaining permission of the owner or other person having charge or
control of the premises or dwelling unit, or upon obtaining a warrant, enter a
residential property or premises to inspect it or to perform the duties imposed by this
chapter. If such building or premises is occupied, the Building Official shall first
present proper credentials and request entry. If such building or premises is
unoccupied, the Building Official shall first make a reasonable effort to locate the
owner or other persons having charge or control of the building or premises and
request entry. If such entry is refused, the Building Official shall have recourse to
every remedy provided by law to secure entry. The Building Official shall establish
written policies which outline owner notification procedures for regular inspections
22
and establish handling of owner notification for tenant reports of unsafe, dangerous,
and hazardous conditions.
5.2 Unoccupied dwelling unit. If an unoccupied dwelling unit is open and
unattended and the owner or other person having charge or control of the building
or premises cannot be located after reasonable effort, the Building Official or Building
Official's designee may enter the building. The Building Official shall issue a notice
and order that the dwelling unit be immediately secured or boarded against the entry
of unauthorized persons.
5.3 Inspection notification. In imminent danger or hazardous condition
situations, or when authorization to enter has not previously been granted by a
tenant, the owner shall give the tenant a minimum of twenty-four hours notification
of an inspection of the tenant's premises by the Building Official.
5.4 Violations. Whenever the Building Official has inspected a building and
found violations of this chapter, the Building Official has the authority to commence
action to cause the repair, rehabilitation, or vacation of the building. The Building
Official shall issue a notice and order to the owner(s) of the building, which shall list
all violations, giving the section number and a detailed description of each, and
classified by severity according to the following categories: imminent danger,
hazardous condition, substandard condition, and minor deficiency situations. For
each violation, or category of violation, the notice and order shall state the following,
described in subsections 6 through 9 of this chapter:
5.4.1 the corrective action necessary for the violation(s);
23
5.4.2 a timeframe for compliance;
5.4.3 the appeals and Administrative Hearing Officer process; and
5.4.4 specific remedies the City may reasonably expect to take if the
violations are not corrected.
6 Imminent danger situations.
6.1 Determination. If the Building Official determines that an imminent danger
exists, the Building Official shall take the actions specified in this section.
6.2 Notice and order. The Building Official shall issue a notice and order
containing the following:
6.2.1 A notice listing the building's or unit's violations and the
reason(s) that the Building Official determines that such conditions
constitute an imminent danger;
6.2.2 An order requiring:
6.2.2.1 immediate vacation of the building or dwelling
unit; or
6.2.2.2 the closure of that portion or system if the Building
Official determines that a portion or system of the building or
unit can be closed or otherwise secured so that the rest of the
building or unit remains occupiable; and
6.2.3 An explanation of the appeal rights and processes specified in
section 6.5.
24
6.3 Delivery of notice and order. Notices and orders issued pursuant to this
subsection shall be posted on the building entrance doors and on the entrance doors
of all dwelling units affected by the notice and order. The notice and order shall also
be mailed to the owner or the owner's designated agent by both certified mail, return
receipt requested and ordinary first class mail, postage prepaid or shall be delivered
by hand.
6.4 Notified party actions. Within 24 hours after the issuance of the notice and
order, the notified party shall take out all required permits and cause the building or
dwelling unit to be either repaired or, if repairs cannot or are not completed within
24 hours, secured from entry as required by other portions of this code.
6.5 Expedited appeal.
6.5.1 If the notified party disagrees with the notice and order and
files an appeal in writing within seven days of the issuance of the notice
and order, the appeal shall be heard before a HAAB panel within two days
of receipt of the appeal.
6.5.2 The HAAB panel shall issue a written decision within two days
of the hearing.
6.5.3 If the notified party is dissatisfied with the HAAB panel
decision, the notified party may appeal by filing a written notice with the
Mayor within seven days of the HAAB decision.
6.5.4 The Mayor or the Mayor's designee shall consider the appeal
on the record made before HAAB and the written appeal. The Mayor or
25
the Mayor's designee may accept additional evidence only if the evidence
was improperly rejected by HAAB. The Mayor or the Mayor's designee
may, at their discretion, consider the appeal based solely on the written
materials or materials presented at a publicly conducted hearing.
6.5.5 The appeal shall be considered, and the Mayor or the Mayor's
designee shall issue a final decision within twelve days of the receipt of
the appeal.
6.5.6 The filing of an appeal shall not stay the requirements of the
notice and order.
6.6 City remedies. If the notified party fails to repair or secure the property,
the city may take all appropriate remedies authorized by law including obtaining any
necessary authorization to enter the property to secure it from occupancy or, if the
property conditions represent a threat to the public, abating the deficiency as a public
nuisance or taking other appropriate actions.
7 Hazardous condition situations.
7.1 Determination. If the Building Inspector determines that a hazardous
condition exists, the Building Inspector shall take the actions specified in this section.
7.2 Notice and order. The Building Inspector shall issue a notice and order
containing the following:
7.2.1 A notice listing the building's or unit's violations and the
reason(s) that the Building Inspector determines that such conditions
26
constitute a hazardous condition;
7.2.2 An order requiring the notified party to:
7.2.2.1 take out all necessary permits and repair the
hazardous condition within three days; or
7.2.2.2 close the building or required portions thereof to
occupancy within three days.
7.2.3 An explanation of the appeal rights and processes specified in
sections 7.5 below.
7.3 Delivery of notice and order. Notices and orders issued pursuant to this
subsection shall be posted on the building entrance doors and on the entrance doors
of all dwelling units affected by the notice and order. The notice and order shall also
be mailed to the owner or the owner's designated agent by both certified mail, return
receipt requested and ordinary first class mail, postage prepaid or shall be delivered
by hand.
7.4 Notified party actions. Within three days after the issuance of the notice
and order, the notified party shall take out all required permits and cause the
building or dwelling unit to be either repaired or vacated and secured from entry as
required by other portions of this code. If permits are taken out in three days, the
time for completing the work may be extended to six days at the Building Official's
discretion.
7.5 Appeal.
7.5.1 If the notified party disagrees with the notice and order, the
27
notified party may appeal in writing within fourteen days of the issuance
of the notice and order. The appeal shall be heard before a HAAB panel
within thirty days of receipt of the appeal.
7.5.2 The filing of an appeal shall act as a stay on the notice and
order.
7.5.3 The HAAB panel shall issue a written decision within seven
days of the hearing.
7.5.4 If the notified party is dissatisfied with the HAAB panel
decision, the notified party may appeal by filing a written notice with the
Mayor within seven days of the HAAB decision.
7.5.5 The Mayor or the Mayor's designee shall consider the appeal
on the record made before HAAB and the written appeal. The Mayor or
the Mayor's designee may accept additional evidence only if the evidence
was improperly rejected by HAAB. The Mayor or the Mayor's designee
may, at their discretion, consider the appeal based solely on the written
materials or materials presented at a publicly conducted hearing.
7.5.6 The appeal shall be considered, and the Mayor or the Mayor's
designee shall issue a final decision within twelve days of the receipt of
the appeal.
7.6 City remedies. If the notified party fails to repair or secure the property as
required, the city may take all appropriate remedies authorized by law including
closing all or a portion of the building, obtaining any necessary authorization to enter
28
the property to secure it from occupancy or, if the property conditions represent a
threat to the public, abating the deficiency as a public nuisance or taking other
appropriate actions.
8 Substandard condition situations.
8.1 Determination. If the Building Inspector determines that a substandard
condition exists, the Building Inspector may take the actions specified in this section.
8.2 Notice and order. The Building Inspector may issue a notice and order
containing the following:
8.2.1 A notice listing the building's or unit's violations and the
reason(s) that the Building Inspector determines that such conditions
constitute a substandard condition;
8.2.2 An order requiring the notified party to:
8.2.2.1 take out all necessary permits and repair the
substandard condition within the times specified; or
8.2.2.2 close the building or required portions thereof to
occupancy within thirty days.
8.2.3 An explanation of the appeal rights and processes specified in
subsection 8.5.
8.3 Delivery of notice and order. Notices and orders issued pursuant to this
subsection shall be posted on the building entrance doors and on the entrance doors
of all dwelling units affected by the notice and order. The notice and order shall also
29
be mailed to the owner or the owner's designated agent by both certified mail, return
receipt requested and ordinary first lass mail, postage prepaid or may be delivered
by hand.
8.4 Notified party actions. The notified party shall take out all required permits
and cause the building or dwelling unit to be either repaired or secured from entry
as required by other portions of this code within the times specified in the notice and
order. If the Bui]diug Official determines that work is progressing appropriately and
an extension is necessary, the Building Official may extend the times for completion
of any work.
8.5 Appeal and administrative hearing.
8.5.1 If the notified party disagrees with the notice and order, the
notified party may appeal in writing within thirty days of the issuance of
the notice and order. The appeal shall be heard before a HAAB panel
within 45 days of receipt of the appeal.
8.5.2 Appeals of notice and order for substandard conditions shall be
first considered by an Administrative Hearing Officer pursuant to section
12.
8.5.3 The HAAB panel shall issue a written decision within fourteen
days of the hearing.
8.5.4 If the notified party is dissatisfied with the HAAB panel
decision, the notified party may appeal by filing a written notice with the
Mayor within fourteen days of the HAAB decision.
30
8.5.5 The Mayor or the Mayor's designee shall consider the appeal
on the record made before HAAB and the written appeal. The Mayor or
the Mayor's designee may accept additional evidence only if the evidence
was improperly rejected by HAAB. The Mayor or the Mayor's designee
may, at their discretion, consider the appeal based solely on the written
materials or materials presented at a publicly conducted hearing.
8.5.6 The appeal shall be considered, and the Mayor or the Mayor's
designee shall issue a final decision within thirty days of the receipt of the
appeal.
8.5.7 Appeals under this subsection shall stay the enforcement of the
notice and order.
8.6 City remedies. If the notified party fails to repair or secure the property as
required, the city may take all appropriate remedies authorized by law including
closing all or a portion of the building or securing any necessary authorization to
enter the property to make repairs.
9 Minor deficiency situations.
9.1 Determination. If the Building Inspector determines that a minor deficiency
exists, the Building Inspector may take the actions specified in this section.
9.2 Notice and order. The Building Inspector may issue a notice and order the
following:
9.2.1 A notice listing the building's or unit's violations and the
31
reason(s) that the Building Inspector determines that such conditions
constitute a minor deficiency.
9.2.2 An order requiring the owner to take out all necessary permits
and repair the minor deficiency within the times specified.
9.2.3 An explanation of the appeal rights and processes specified in
subsection 9.5.
9.3 Delivery of notice and order. The notice and order shall be mailed to the
owner or the owner's designated agent by both certified mail, return receipt
requested and ordinary first class mail, postage prepaid or shall be delivered by
hand. If delivery of the notice and order by mail or hand delivery is not made, the
notice and order shall be posted on the building entrance doors and on the entrance
doors of all dwelling units affected by the notice and order.
9.4 Notified party actions. The notified party shall take out all required permits
and cause the building or dwelling unit to be either repaired or secured from entry
as required by other portions of this code within the times specified in the notice and
order. If the Building Official determines that work is progressing appropriately and
an extension is necessary, the Building Official may extend the times for completion
of any work.
9.5 Appeal and administrative consideration. The appeal and Administrative
Hearing Officer processes shall be as specified in sections 8.5 and 8.6.
9.6 City remedies. If the notified party fails to make the repairs required, or
fails to reach an agreement acceptable to the city for remediation, the city may record
32
a notice of deficiency with the Salt Lake County Recorder's Office specifying the
deficiencies.
10 Notice of deficiency.
10.1 The Building Official may record with the Salt Lake County Recorder's
Office a notice of any condition provided in sections 6 through 9 above. The notice
shall be mailed to all notified parties.
11 Appellate process details.
11.1 Filing of appeals. Appeals shall be submitted on an appeal form provided
by the Building Official. The appellant shall state the specific order or action
protested and a statement of the relief sought, along with the reasons why the order
or action should be reversed, modified, or otherwise set aside.
11.2 Failure to appeal. Failure of any person to file an appeal in accordance
with the provisions of this subsection shall constitute a waiver of the person's right to
an appeal.
11.3 Inspection of the premises. Before any hearing is held by a HAAB panel,
the panel shall inspect the building or premises involved. Prior notice of such
inspection shall be given to the notified party filing the appeal, who may be present
at such inspection. Upon completion of the inspection, the chairperson of the panel
shall state for the record the material facts observed at the inspection, which facts
shall be read at the initiation of the hearing. Failure of the notified party to provide
33
access without good cause as determined by the Building Official shall not constitute
a reason for the hearing to be postponed and the appeal denied.
11.4 Written notice. Written notice of the time and place of panel hearings
shall be mailed to the appellant in accordance with procedures adopted by HAAB.
11.5 Appeals hearing. Any notified party may appear personally or authorize a
designee to act in their behalf. The city and any notified party may call and examine
witnesses on any relevant matter, introduce documentary and physical evidence, and
cross-examine opposing witnesses. Any relevant evidence shall be admitted.
11.6 Record. A record of the entire proceeding of all appellate hearings under
this subsection shall be made by tape recording, or by any other means of permanent
recording determined to be appropriate by HAAB. The record shall be retained on
file in accordance with the city's record retention schedule.
12 Administrative Hearing Officer procedures.
12.1 The Administrative Hearing Officer shall hear cases deemed to be of
substandard condition or minor deficiency situations. Review by the Administrative
Hearing Officer is not a provision of hazardous condition appeals, which go directly
before a HAAB panel.
12.2 Each appeal shall first be reviewed by the Administrative Hearing Officer
no later than thirty days from the date of filing of a written appeal.
12.3 The Administrative Hearing Officer shall inspect the property and review
the notice and order to determine if it is accurate and attempt to develop, in
34
consultation with the appellant, possible methods of complying with the code
consistent with the purposes of this chapter. The Administrative Hearing Officer
may prepare a stipulated agreement for signature by the appellant and the city.
12.4 The Administrative Hearing Officer shall maintain complete and
permanent records of all inspections and decisions. Resolutions of disputed issues,
agreeable to the Administrative Hearing Officer and the property owner, shall be
presented at the next meeting of HAAB for its consent or modification.
13 Certificate of occupancy.
13.1 Following correction of the deficiencies and prior to persons re -occupying
any residential building or dwelling unit closed to occupancy, the Building Official
shall issue a certificate of occupancy. If a notice of deficiency has been filed with the
Salt Lake County Recorder's Office pursuant to section 10, a release of the notice shall
be recorded with that office.
14 Exterior standards.
14.1 Structural repair. All roofs, floors, walls, chimneys, foundations, and other
structural components shall be repaired when they no longer retain their structural
integrity. Loose bricks in chimneys shall be repaired and missing chimney caps shall
be replaced.
14.2 Exterior surfaces. Exposed materials that require weather protection and
exterior surfaces that are deteriorating shall be repaired to the extent necessary to
35
keep cold, wind, water, or dampness from the inhabited areas of the interior of the
structure. The roof covering and flashing shall be capable of keeping water from the
interior of the building.
14.3 Drainage. All surface water shall drain away from the structure unless
any potential adverse effect of the runoff is mitigated to the reasonable satisfaction of
the Building Official.
14.4 Windows and doors. Windows that are required by this chapter for light
and ventilation shall be fully glazed. Window openings not required to meet light,
ventilation, and egress standards may be sealed with opaque materials or removed.
Broken or missing doors, door frames, windows, and window sashes shall be
replaced or repaired.
14.5 Appendages. All awnings, fire escapes, exhaust ducts and similar
appendages shall be maintained in good repair and be properly anchored.
14.6 House addressing. All residential buildings shall display a street number
in a prominent location on the street side of the building in such a position that the
number is easily visible to approaching emergency vehicles. The numerals shall be
no less than three inches in height and shall be of a contrasting color to the
background to which they are attached. Each individual unit within any multiple -
family structure shall display a prominent identification number, not less than two
inches in height, which is easily visible.
36
15 Interior standards.
15.1 Showers/tubs. Showers shall be finished to a height of seventy inches
above the fixture drain outlet with nonabsorbent material. Freestanding tubs with
shower risers may utilize a shower curtain that totally encloses all sides of the tub.
15.2 Floor coverings. All floor and stair coverings shall be maintained in a
secure and substantially intact manner. This standard does not apply to area or
throw rugs within dwelling units.
15.3 Walls and ceilings. All walls and ceilings shall be maintained so that they
are secure and intact. Surfaces shall be painted or covered with wallpaper or
panelling.
15.4 Finishes, washable surfaces. In kitchens and bathrooms of congregate
housing and SROs, floors and walls within fifteen inches of sinks, bidets, showers,
toilets, and tubs shall be finished with a nonporous material that is not adversely
affected by moisture.
16 Doors, trim, and hardware.
16.1 All doors, trim, and hardware shall be kept in good working condition.
16.2 Exterior doors which are required for ingress and egress shall have locks
which are keyed from the exterior and are operable from the interior without the use
of a key or other special equipment or knowledge. Original locks in historic
buildings are not required to be replaced if in good working condition.
16.3 Hinges for out -swinging doors shall be equipped with non -removable
37
hinge pins or a mechanical interlock to preclude removal of the door from the
exterior by removing the hinge pins.
17 Environmental or sanitary standards.
17.1 All premises shall be maintained clean, safe, sanitary, and free from an
accumulation of rubbish. Every occupant of a structure shall keep that part of the
structure and exterior property which such occupant occupies, controls, or uses in a
clean and sanitary condition. Every owner of a structure containing a boarding and
rooming house, fraternity and sorority house, dormitory, SRO or multiple -family
dwelling units shall maintain, in a clean and sanitary condition, the shared or public
areas of the structure and exterior property.
17.2 Garbage and refuse storage and removal shall meet the requirements of
the Salt Lake City -County Health Department regulations.
17.3 There shall be no insect or rodent infestation in violation of the Salt Lake
City -County Health Department regulations.
17.4 Asbestos, regardless of the date of installation, shall meet the requirements
of the Salt Lake City -County Health Department regulations.
18 Space and occupancy standards.
18.1 Ceiling heights.
18.1.1 Habitable rooms. The minimum ceiling height for all
habitable rooms shall be seven feet six inches. This height may be six feet
38
four inches when the requirements of this chapter for emergency egress,
light, and ventilation are met and a 120 volt electrical powered smoke
detector is installed in the room. The only exception is that a smoke
detector is not required in a kitchen. Projections shall be allowed to six
feet zero inches when the projection is not in the pattern of circulation and
projections are not greater than twenty percent of the floor area of the
room
18.1.2 Non -habitable rooms except bathrooms. All non -habitable
rooms, except bathrooms, shall have no minimum ceiling height
requirement.
18.1.3 Bathrooms and toilet rooms. Bathrooms and toilet rooms shall
have a minimum ceiling height of six feet zero inches with no projections
below the six foot minimum. The bathroom ceiling height at the back of a
sink, toilet, or tub without shower may be sloped to a minimum height of
five feet zero inches at the wall when the ceiling height is no less than six
feet zero inches at a point two feet zero inches from the wall adjacent to
the bathroom plumbing fixture.
18.1.4 Sloping ceilings. In any room with a sloping ceiling, at least
one-half the floor area shall have a minimum ceiling height as required by
this section. No portion of the room with a ceiling height below five feet
zero inches may be used in the floor area computation.
18.1.5 Corridors. A minimum ceiling height of six feet four inches
39
shall be required in corridors.
18.2 Room and corridor size.
18.2.1 Floor area and room dimensions. Dwelling units shall have at
least one habitable room with not less than one hundred twenty square
feet of floor area. Habitable rooms other than a kitchen shall have an area
not less than seventy square feet and shall not be less than seven feet in
length or width.
18.2.2 Sleeping room dimensions. Every room used for sleeping
shall have at least seventy square feet of floor area. Where more than two
persons occupy a room used for sleeping, the required floor area shall be
increased at the rate of fifty square feet for each occupant in excess of two.
18.2.3 Corridors. The minimum width of corridors shall be thirty-six
inches. In dwelling units constructed prior to 1983, a minimum corridor
width of thirty inches shall be permitted.
18.3 Special Dwellings.
18.3.1 Efficiency dwelling units. An efficiency dwelling unit shall:
18.3.1.1 Have a living room of at least one hundred ninety
square feet of floor area. An additional one hundred square feet
of floor area shall be provided for each occupant in excess of
two.
18.3.1.2 Have a closet.
18.3.1.3 Have a kitchen sink and cooking and refrigeration
40
facilities, each having a clear working space of at least thirty
inches in front of the fixture or appliance.
18.3.1.4 Have a bathroom containing a toilet, sink and
bathtub or shower.
18.3.2 Congregate housing. Individual units in congregate housing
shall have at least one room with not less than seventy square feet of floor
area per occupant. When individual rooms are less than one hundred
twenty square feet, a separate common room shall be provided of at least
one hundred twenty square feet for each ten units, with a minimum of one
common room per floor. When separate rooms are not provided with
cooking facilities, the common room may be a common kitchen with a
floor area as defined by the floor area computation.
18.4 Cooking facilities.
18.4.1 Cooking facilities in dwelling units. Each dwelling unit shall
have a kitchen with cooking facilities and a refrigerator. All cooking
appliances shall be maintained in good working condition.
18.4.2 Cooking facilities for individual units in congregate housing.
As long as such cooking facilities do not encroach into the required floor
area, required cooking facilities may be supplied in individual units,
provided all of the following items are supplied:
18.4.2.1 A range with stove top and oven, or in the
alternative, a non -portable cooktop and oven. Hot plates, electric fry
41
pans, and similar heating units shall not be considered as cooking
facilities.
18.4.2.2 An approved sink, with a minimum dimension of
twelve inches by twelve inches by four inches deep.
18.4.2.3 A minimum of four square feet of counter space.
18.4.2.4 A refrigerator.
18.4.3 Common kitchens in congregate housing. When cooking
facilities are not provided within individual units, congregate housing shall
have a common kitchen area which shall contain the following minimum
facilities: a sink for each twenty tenants or portion thereof, a range for
each twenty tenants or portion thereof, and a refrigerator for each ten
tenants or portion thereof. The minimum kitchen area shall be one
hundred twenty square feet based on the floor area computation for the
first ten occupants or portion thereof, and an additional thirty square feet
for each additional ten persons or portion thereof.
19 Light and ventilation.
19.1 Natural light in habitable rooms.
19.1.1 Every habitable room shall have at least one window facing
directly to the outdoors to provide natural light. The minimum total
window area shall equal one -twentieth or more of the floor area of the
room, with a minimum of three square feet. Special purpose rooms such
42
as home theaters and film processing rooms shall not be subject to this
requirement. Kitchens may be provided with artificial light, which shall be
a minimum of 1.5 watts incandescent or .8 watts fluorescent per square
foot of the room.
19.1.2 The glazed area of an exterior door may be used for purposes
of computing window size for natural light.
19.1.3 For the purpose of meeting light or ventilation requirements,
as well as emergency egress, a room may be considered as a portion of an
adjoining room when one-half of the area of the common wall is open and
unobstructed and provides an opening of not less than one -tenth of the
floor area of the interior room or twenty-five square feet, whichever is
greater.
19.2 Ventilation.
19.2.1 Habitable rooms.
19.2.1.1 Except as provided in subsection 19.2.1.2, all
habitable rooms shall be provided with natural ventilation by
means of openings to the exterior which have the capability of
being closed to the weather. Total openings shall have an area
at least one -twentieth of the floor area of the room or three
square feet, whichever is greater.
19.2.1.2 A mechanical ventilation system shall be
allowed in lieu of openings for natural ventilation. Such system
43
shall create a positive pressure in the room and the air intake
shall be connected directly to the outside and be capable of two
air exchanges per hour. In kitchens, the ventilation system may
create negative pressure. The air intake source shall be located
at least three feet above any vent which is within ten feet of the
air intake.
19.2.1.3 Exterior doors may be used to meet natural
ventilation requirements. When used as such, a screen shall be
installed thereon.
19.2.2 Bathrooms, laundry rooms, and other non -habitable areas.
19.2.2.1 Except as provided in subsection 19.2.2.2, all
bathrooms, laundry rooms, and other non -habitable areas shall
be provided with natural ventilation by means of openings to
the exterior which have the capability of being closed to the
weather. Such openings shall have a total area not less than
one -twentieth of the floor area of the room, with a minimum of
one and one-half square feet.
19.2.2.2 A mechanical exhaust system connected
directly to the outside shall be allowed in lieu of natural
ventilation. The system shall be capable of providing five air
exchanges per hour. The exhaust air shall discharge at least
three feet above or ten feet away from any air intake source.
44
Toilet rooms may be ventilated with an approved recirculation
fan or similar device designed to remove odors from the air.
19.2.2.3 Mechanical or convection venting of
bathrooms into the attic shall be acceptable. Recirculating fans
may be used in toilet rooms only. Bathrooms with tubs or
showers shall have a convection or mechanical exhaust system.
19.2.2.4 Bathrooms constructed prior to 1970, which
are vented with convection vent openings extending to the
outside shall meet the ventilation requirement as long as the
walls, ceiling, and floor are not adversely affected by moisture.
20 Fire safety --Egress.
20.1 Fire safety.
20.1.1 No hazard of fire or explosion shall be created or allowed to
exist in any building, premises, equipment, or apparatus.
20.2 Exit and emergency egress.
20.2.1 Every dwelling unit shall have a safe, continuous, and
unobstructed means of egress of a minimum height of six feet four inches
and a minimum width as per this code. The exit path shall be kept in a
proper state of repair and maintained free of hazardous conditions and
obstructions.
20.2.2 Every sleeping room located below the fourth story shall have
45
at least one openable window or exterior door approved for emergency
egress or rescue. The opening shall have a minimum of three square feet
of openable space or clear opening dimensions of at least twenty inches in
one dimension and twenty-four inches in the other dimension. The escape
window must open directly into a yard or exit court, or into a public street
or alley. If there are two approved exit doors leading from the sleeping
room to separate exitways and minimum light and ventilation
requirements are met, this subsection does not apply.
20.2.3 Window sill height. All bedrooms or other rooms used for
sleeping located below the fourth story shall have at least one window
with a maximum window sill height of forty-eight inches. If the distance
from the floor to the window sill is more than forty-eight inches for such
window, a permanent ladder or platform of substantial construction
attached to the floor or wall may be installed to meet the maximum height
requirement. A ladder must meet specifications issued by the Building
Official. The minimum dimensions of a platform shall be twelve inches
deep and the same width as the openable portion of the window, but in no
case less than twenty-four inches in width. There is no minimum sill
height requirement in bedrooms of dwelling units constructed before 1970,
except those below the level of the adjacent outside ground or hard surface
level, when minimum light and ventilation requirements are met.
20.2.4 For windows that are below grade, a window well shall run
46
parallel to the width of the window and extend at least eighteen inches out
from the exterior face of the building. When the distance from the top of
the window well to its bottom exceeds forty-eight inches, it shall have a
permanently mounted platform adequate to support the weight of an
adult. Grates are permitted over window wells when hinged away from
the structure and not weighing over fifteen pounds per section of the
grate.
20.2.5 Bars, grills, grates, or similar devices may be installed on
emergency escapes or rescue windows or doors, provided such devices are
equipped with approved release mechanisms which are operable from the
inside of the grate without the use of a key or special knowledge or effort.
20.3 Stairs and handrails. Stairs and rails shall meet the requirements of the
Means of Egress Section of the UBC or its successor with the following modifications:
20.3.1 If there are four or more risers, a handrail shall be required.
Two handrails shall be required when the width of the stairs is forty-eight
inches or more. Two handrails are not required for monumental stairs.
20.3.2 Handrails shall be placed not less than thirty inches nor more
than thirty-eight inches above the outermost edge of the tread. Handrails
for existing stairs are not required to extend beyond the top or bottom stair
tread.
20.3.3 Stairs shall have a maximum riser height of eight inches and a
minimum step run of nine inches. Existing stair flights may have a
47
maximum variation in rise and run of two inches at the top and bottom of
the flight. A maximum of one inch variation of rise and run shall be
allowed for all intermediate risers and treads. Stairs shall be level and
shall comply with life safety standards as defined herein.
20.3.4 Winder, circular, and spiral stairs shall comply with the UBC.
20.3.5 There shall be no minimum rise or run requirement nor
maximum variation in the rise and run for stairs leading only to
mechanical, storage, utility and non -habitable rooms provided the stairs
are structurally sound.
20.3.6 Steps shall be maintained in a safe manner. Missing steps,
steps which are deteriorated to the point that a foothold is difficult to
maintain, staircases which have missing boards, and/or staircases which
contain boards that have lost their structural integrity shall be repaired to a
safe condition.
20.3.7 Stairs in the interior or exterior of an existing building where
stair jacks are replaced or fifty percent of the tread or risers are replaced
shall meet the requirements of the UBC, except that the minimum stair
width shall be thirty inches and the minimum headroom height shall be
six feet four inches.
20.3.8 If because of the configuration of the horizontal and vertical
distances an alternate stair configuration is more practical than the UBC
requirement, or if HAAB finds that the stair rhythm is safe, HAAB may
48
allow other configurations which are less uniform but achieve comparable
safety, regardless of Section 20.3.3 and 20.3.4.
20.3.9 A stair tread, stair support, stair riser, landing, or railing
which is either missing or so severely in disrepair or damaged that it
cannot support its intended live and dead loads shall be repaired.
20.4 Guardrails.
20.4.1 Guardrails shall be required for all balconies, porches, patios,
and open stairs more than thirty inches above or below grade. Guardrails
shall also be required for any grade change more than thirty inches next to
a walking surface. Guardrails shall not be less than forty-two inches in
height, except for guardrails serving private dwelling units, which shall
have a minimum height of thirty-six inches. Guardrails may have a
minimum height of thirty-six inches if the building was built before 1970.
Guardrails having a height less than thirty-six inches shall be allowed if
they were installed as part of the building's original construction and are
not a replacement. For structures which are on the Historic Register or are
contributory structures located within one of the city's historic districts,
height of existing and replacement guardrails may be determined based
upon standards adopted by the city's Historic Landmark Committee.
20.4.2 Guardrails shall have intermediate rails or an ornamental
pattern such that there is no open area in excess of four inches in diameter.
The diameter of such open space may be nine inches for buildings built
49
before 1985, and six inches for those built between 1985 and 1991.
20.5 Smoke detector requirements.
20.5.1 When smoke detectors are required in dwelling units by the
UBC, the detectors shall be mounted on the ceiling or wall at a point
centrally located in the hallway or area giving access to rooms used for
sleeping. In efficiency dwelling units, the detector shall be centrally
located on the ceiling or wall of the main room or sleeping room.
20.5.2 Where sleeping rooms are on an upper level, the detector shall
be placed at the ceiling or wall directly above the stairway immediately
outside the bedrooms. Wall mounted detectors shall be mounted as near
to the ceiling as possible, but no detector shall be mounted within twelve
inches of any corner formed by the meeting of walls, ceilings, or beams.
When activated, the detector shall provide an alarm in the dwelling unit.
20.5.3 When one or more sleeping rooms are added to or created
within a structure, smoke detectors shall be installed in compliance with
the UBC.
20.5.4 All habitable rooms having a ceiling height of less than seven
feet six inches shall have installed a 120 volt electrical powered smoke
detector.
20.6 Fire resistive separations. Walls or ceilings separating dwelling units from
each other and from hazardous uses shall be maintained in their original condition
with all penetrations sealed or covered with an approved material. These separations
50
include walls and ceilings separating a garage from a dwelling unit or common area
and walls and ceilings separating furnace rooms in structures containing three or
more dwelling units. When fifty percent or more of a wall or ceiling is removed for
any reason, the entire wall or ceiling shall be reconstructed to meet the requirements
of the UBC for one -hour occupancy separation.
21 Plumbing.
21.1 Minimum requirements.
21.1.1 Unless provided otherwise in this chapter, plumbing, piping,
and fixtures shall be in accordance with the code in effect at the time of
installation.
21.1.2 Plumbing, piping, and fixtures shall have no leaks and all
waste lines must be connected to an approved sewer system and shall be
maintained in good condition. All waste lines shall be connected to an
approved sewer system.
21.1.3 The minimum plumbing fixtures required for dwelling units
are a sink, toilet, tub or shower, and kitchen sink.
21.1.4 Cold running water shall be plumbed to each toilet. Hot and
cold running water plumbed to each bathroom sink, tub, shower, and
kitchen sink.
21.1.5 Every sink, tub and shower shall be provided with hot water
of at least one hundred ten degrees Fahrenheit and with cold water.
51
21.1.6 A space without obstruction from floor to ceiling of not less
than twelve inches shall be in front of all toilets. Toilets shall be located in
a space without obstruction from floor to ceiling of not less than twenty-
two inches in width. No encroachments of these dimensions are
permitted.
21.1.7 Where vents do not exist for plumbing fixtures meeting the
applicable codes in effect at the time of their installation, vents need not be
installed when the plumbing fixture or trap and trap arm is replaced
providing the sewer line is not altered.
21.2 Water heaters. Water heaters and boilers shall have an approved
combination temperature and pressure relief valve and relief valve discharge pipe.
All new installations of water heaters and boilers, when located above a finished
space, shall include a safe pan with a drain piped to an approved drainage system.
Existing water heaters and boilers shall have a temperature and pressure relief valve.
The valve shall have a discharge pipe which discharges within six inches of the floor.
A temperature and pressure relief valve shall be required for water heaters only
when a water heater was designed for such valve.
21.3 Cross connections. In order to protect against contamination of the water
supply through cross connections, all water inlets for plumbing fixtures shall be
located above the flood level rim of the fixture as defined in the UPC. Hoses or
hand-held shower heads shall not be attached in any manner that would permit
water contamination during reverse pressure. Water supply pipes provided with an
52
approved backflow preventer or anti -syphon device as regulated in the UPC shall be
permitted. Hand-held shower heads shall be permitted when provided with a
permanently mounted holder attached to the wall or shower pipe, or when an anti -
siphon device is installed. Water faucet outlets below the overflow rim of the fixture
shall be permitted until the faucet is replaced. A new fixture shall not be installed
where it would create a cross connection.
21.4 Drains.
21.4.1 Drain traps shall meet standards of the UPC. Existing traps
shall be allowed as originally designed. If the trap has been modified it
shall be replaced with an approved trap, and a vent shall be added as
required by the UPC.
21.4.2 All open entrapped sewer lines and outlets shall be capped
with an approved cap.
21.5 Fixture requirements.
21.5.1 Every kitchen sink, tub, shower, and toilet shall be provided
with a minimum of fifteen psi of water pressure.
21.6 Bathrooms in rental dwelling units. Each rental dwelling unit shall have a
bathroom within the dwelling unit. Every bathroom shall be provided with a means
to ensure privacy to the occupant by means of a door or screen.
21.7 Congregate housing.
21.7.1 The minimum plumbing fixtures required for congregate
housing are a sink, toilet, and tub or shower for each ten occupants or
53
portion thereof and a kitchen sink. Bathrooms shall have installed a door
with privacy lock.
21.7.2 Congregate housing that does not provide private toilets,
sinks, bathtubs, or showers shall have on each floor, accessible from a
public corridor, at least one toilet, one sink, and one bathtub with shower
or one separate shower for each ten occupants or portion thereof. For each
additional ten occupants, or portion thereof, an additional one toilet, one
sink and one bathtub or shower accessible from a public corridor shall be
provided.
22 Mechanical.
22.1 Mechanical equipment.
2.21 .1 All mechanical equipment shall be in accordance with the code
in effect at the time of installation.
22.1.2 All mechanical equipment shall be properly maintained and
shall be operated in a safe manner.
22.2 Heating.
22.2.1 Heating shall be provided by a permanently installed heating
system capable of heating all habitable rooms and bathrooms to a
minimum of sixty-eight degrees Fahrenheit.
22.2.2 A return air duct which serves more than one dwelling unit
shall not be permitted. A common air return shall be permitted for
54
existing equipment and for furnace replacements using existing ducts if a
listed smoke detector is installed in the return air vent which will shut
down the furnace fan in the event of fire.
22.2.3 Fuel -burning appliances.
22.2.3.1 Gas furnaces and water heaters shall not
permitted in bedrooms, in bathrooms, or in closets accessed only
from a bedroom or a bathroom.
22.2.3.2 Gas shut-off valves are required on all gas
appliances. Shut-off valves shall be installed in accordance with
the UMC.
22.2.3.3 All fireplaces, wood burning stoves, and all
other appliances producing combustible gas by-products shall be
connected to an operating chimney or approved flue. All flues
and vents shall be installed in compliance with EPA
requirements and the requirements of the UMC in effect at the
time of installation.
22.2.3.4 All fuel burning appliances shall be provided
with combustion air per the requirements of their listing and
with the UMC.
22.2.3.5 All fuel burning appliances shall be provided
with listed clearances and maintained in good working
condition and in accordance with their listing.
55
22.2.3.6 All ventilation fans shall be installed
according to their listing and maintained in good working
condition.
22.2.3.7 All ducts and vents shall be maintained
according to original installation requirements.
23 Electrical.
23.1 Safety. All electrical equipment, wiring, and appliances shall be properly
installed, maintained, and used in a safe manner. Unless provided otherwise in this
chapter, all electrical wiring and equipment shall be in accordance with the electrical
code in effect at the time of installation.
23.2 Electrical equipment. Electrical equipment shall not exceed the load
capacity of the service and branch circuits shall have proper circuit interrupters.
23.3 Facilities required. The following electric facilities must be furnished at a
minimum and must be operable.
23.3.1 Service. The minimum main service to any dwelling unit shall
be sixty amperes. Existing dwelling units with electrical services less than
sixty amps per dwelling unit which have no special electrical service loads,
such as air conditioners, ranges, heating units, and freezers may continue
to be operated without upgrading the service.
23.3.2 Branch circuits. Circuits supplying air conditioners, ranges,
cooktops, stoves, and heating appliances shall meet the requirements of the
56
NEC. Branch circuits shall not be overfused.
23.3.3 Receptacles. Every habitable room shall contain at least two
electrical receptacles or one electrical light fixture and one electrical
receptacle. Grounding type receptacles shall only be used when connected
to a grounding system. Existing non -grounding type receptacles may be
replaced with grounding type receptacles where protected by a ground -
fault circuit -interrupter.
23.4 Upgrading facilities.
23.4.1 Service. When remodeling work is done, the service must be
upgraded if required by the NEC.
23.4.2 Circuits. When new circuits, outlets, switches, wiring and
service panels are being installed, the installation shall meet the
requirements of the NEC.
23.4.3 Receptacles. Wiring, receptacles, and switches may be
replaced without upgrading so long as circuits are not overloaded.
23.5 Lighting
23.5.1 Dwelling units. Every toilet room, bathroom, laundry room,
furnace room, interior stairway, and corridor shall contain at least one
permanently mounted electric light fixture.
23.5.2 Apartments, SROs, and congregate housing. Lighting in the
common areas shall be as follows:
23.5.2.1 Aisles, passageways, stairwells, corridors, exitways
57
and recesses related to and within the building complex shall be
illuminated with a minimum of a forty watt light bulb or
equivalent for each two hundred square feet of floor area,
provided that the spacing between lights shall not be greater
than thirty feet. Structures containing three dwelling units or
less shall not be required to provide exit lighting when no
lighting outlet has been previously provided.
23.5.2.2 Open parking lots and carports shall be provided
with a minimum of one foot candle of light on the parking
surface during the hours of darkness. Lighting devices shall be
protected by weather resistant covers and shall not cast glare on
neighboring properties.
23.6 General.
23.6.1 All electrical panels, boxes and outlets shall have proper
covers.
23.6.2 Flexible cords, as defined in the NEC, shall be used only
according to their listing and shall not be installed as permanent wiring or
strung across exitways.
24 Energy conservation requirements.
24.1 Upgrading. Existing residential units shall be upgraded whenever any of
the following events occur:
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24.1.1 Whenever wallboard, plaster, or other finish material is
removed which exposes wall cavities of foundations, exterior walls, floors,
or ceilings, these spaces shall be insulated to the degree it is practical.
Where attic and crawl space areas are insulated, the space shall be
ventilated as per the currently adopted UBC.
24.1.2 Where insulation increases the accumulation of snow, and the
snow load capacity of the roof structure is exceeded, the roof members
shall be upgraded to withstand the additional loads.
24.1.3 When new habitable space is created within an existing
building envelope, all such spaces shall be insulated to the current Utah
State Energy Code standards.
24.1.4 All replacement windows shall be double pane. Replacement
glass for structures which are on the Historic Register or are contributory
structures located within one of the city's historic districts may be
determined based upon standards adopted by the city's Historic Landmark
Committee. Metal windows shall have a thermal break. Single pane
replacement glass may be installed on windows not designed to accept
double pane glass.
24.1.5 All exterior door replacements shall be weather stripped.
24.1.6 New mechanical equipment installed shall meet a minimum of
eighty percent efficiency.
24.1.7 Except for the other applicable requirements of this chapter,
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when a new addition is made to an existing residential structure, only the
addition shall be made to comply with current Utah State Energy Code
standards.
24.2 Exterior door and window seals.
24.2.1 Exterior doors and windows shall be weather tight. If broken,
all panes shall be replaced with glazing in compliance with the UBC.
24.2.2 All doors and windows shall be properly caulked and weather
proofed.
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