Department of Building Inspection Rules

CITY OF MOORLAND DEPARTMENT OF BUILDING INSPECTION RULES AND REGULATIONS

RULES AND REGULATIONS OF THE DEPARTMENT OF BUILDING INSPECTION OF THE CITY OF MOORLAND, KENTUCKY AS PROMULGATED BY THE CHIEF BUILDING INSPECTOR AND ADOPTED BY THE CITY COUNCIL PURSUANT TO THE AUTHORITY GRANTED IT UNDER ORDINANCE NO. 1 SERIES 1984

The City Council of the City of Moorland, Kentucky, does adopt the following Rules and Regulations of the Department of Building Inspection.

SECTION 1. MINIMUM HOUSING STANDARDS.

A. KITCHEN AND BATHROOM EQUIPMENT AND FACILITIES. No person shall occupy as an owner-occupant or shall let to another for occupancy any dwelling or dwelling unit which does not comply with the following minimum standards for kitchen and bathroom equipment facilities:

1. Kitchen Sink. Every dwelling unit shall contain within its walls a kitchen sink in good working condition.
2. Cooking Equipment. Every piece of cooking equipment which is supplied or used by an owner, operator or occupant shall be so constructed and installed that it will function safely and effectively, and shall be maintained in sound working condition. Portable cooking equipment employing flame and cooking equipment using gasoline or kerosene as fuel for cooking are prohibited; provided, however, that this sub-section shall not apply to fondue dishes, chafing dishes or other similar portable cooking equipment.
3. Bathroom Facilities. a.) Every dwelling unit shall contain within its walls a room separate from the habitable rooms, which shall afford privacy to any occupant thereof and which shall be equipped with a flushing water toilet and a lavatory basin in good working condition.

b.) Every dwelling unit shall contain within its walls a room, separate from the habitable rooms which shall afford privacy to any occupant thereof and which shall be equipped with a bathtub or shower in good working condition. Such a room may be the same as required by sub-section 3(A) above.

4. Water, Hot, Water and Seller Connections.

Every kitchen sink, lavatory basin and bathtub or shower required by this section shall be properly connected with and supplied by both hot and cold-water lines. The hot water lines shall be connected with supplied water-heating facilities which are capable of heating water to such a temperature as to permit an adequate amount of hot water to be drawn at every required kitchen sink, lavatory basin and bathtub or shower even when the heating facilities required by these rules and regulations are not in operation. All plumbing fixtures required by these rules and regulations shall be properly connected to an approved water system and to au approved sewerage system. All water and sewer connections required by this sub-section shall conform to all applicable requirements by these rules and regulations.

5. Maintenance. All equipment, facilities and connecting plumbing required by this section shall be maintained in a good, safe, sanitary and workable condition.

B. HEAT AND HEATING EQUIPMENT. No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not comply with the following minimum standards for heat and heating equipment.

1. Heating Equipment and Capacity. Every dwelling unit shall have heating equipment which conforms to all applicable provisions of rules and regulations and which is capable of safely and adequately maintaining an average temperature of 70 degrees Fahrenheit in all habitable rooms, bathrooms and water closet compartments when the outdoor temp­erature is -10 degrees Fahrenheit without forcing the equipment to operate in excess of its design and capacity. Appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. Portable heating equipment employing flame, and the use of gasoline or kerosene or any liquid petroleum gas as a fuel does not meet the requirements of this section and is prohibited as a primary heating source.
2. Supply of Heat. The owner or operator of any dwelling or dwelling unit who lets such dwelling or dwelling unit under an agreement, express or implied, to supply heat to the occupants thereof shall supply, without such undue restrictions of ventilation as to interfere with proper sanitary conditions, to provide a minimum temperature in all habitable rooms, bathrooms and water closet compartments of 68 degrees Fahrenheit from 6:30 AM to 10:30 PM and a minimum temperature of 65 degrees Fahrenheit at all other times. Such temperatures shall be averaged throughout the dwelling or dwelling unit.
3. Written Notice Required. Written notice of any complaint concerning lack of heat in such dwelling unit shall first be given to the owner or operator by Certified Mail, return receipt requested, before violation of this section shall be deemed to exist.
4. Causes Beyond Control of Owner or Operator. Failure to furnish the heat required by this section shall not constitute an offense when it is due to a breakdown of the heating plant (unless such breakdown has been caused by a violation of these rules and regulations), nor where it is due to strikes, to a general shortage of fuel, to any act of the occupant who makes the complaint, or to any cause beyond the owner’s or operator’s control.
5. Determination of Average Temperature. To determine if a violation of this section has occurred, the Chief Building Inspector shall cause temperature readings to be made by a means of a standard Fahrenheit thermometer in not less than two rooms, or if the unit consists of only one room at or near the extremes as practicable, such thermometer to be placed at a point not less than four feet nor more than six feet away from any door window and three feet above the floor.
6. Maintenance. All equipment and facilities and connecting fuel lines required by this section shall be maintained in a good, safe and workable condition.

C. ELECTRICAL FACILITIES. No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit, which does not comply with the following minimum standards for electrical facilities:

1 Electrical Service, Convenience Outlets and Fixtures. Every dwelling’, dwelling unit and habitable room shall be supplied with electrical service, convenience outlets and fixtures in accordance with applicable requirements of these rules and regulations.

2 Maintenance. All outlets, fixtures and connecting electrical lines required by this section shall be maintained in a good, safe and workable condition.

D. LIGHT AND VENTILATION. No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit, which does not comply with the following minimum standards for light and ventilation:

1. General Standards. Every dwelling, dwelling unit and habitable room shall be supplied with light and ventilation in accordance with all applicable provisions of these rules and regulations.
2. Maintenance. All facilities and equipment required by this section for natural, artificial or mechanical lighting or ventilation shall be maintained in good, safe and workable condition.

E. MEANS OF ACCESS AND EGRESS. No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein, which does not comply with the following minimum standards for access and egress.

1. General Standards. Every dwelling and dwelling unit shall be supplied with the means of access and egress in accordance with the requirements of these rules and regulations.
2. Maintenance and Obstructions. All means of access and egress required by this section shall be maintained so as to provide safe and convenient access to an egress from the dwelling or dwelling unit which they serve and shall be kept free from any obstruction of any nature whatsoever.

F. GARBAGE AND RUBBISH DISPOSAL FACILITIES. No person shall occupy as an owner-occupant to let to another for occupancy any dwelling or dwelling unit which does not comply with the following minimum standards for garbage and rubbish disposal facilities:

1. Facilities to be Supplied. Every dwelling and dwelling unit shall be supplied with facilities for the temporary storage and disposal of garbage and rubbish as required by these rules and regulations.
2. Maintenance. The facilities required by sub-section (1) above shall be maintained in a good, non-leakable condition, capable of being tightly sealed, and as clean as possible.
3. Disposal and Storage of Garbage and Rubbish. The disposal and storage of garbage and rubbish shall be in accordance with all applicable provisions of these rules and regulations and all premises shall be kept free from any debris, object, material or condition which may create a health, accident or fire hazard, or which is a public nuisance, or which constitutes a blighting or deteriorating influence on the neighborhood

G. PROTECTION FROM INSECTS, RODENTS AND PESTS. No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not comply with the following minimum standards for the protection from insects, rodents and pests.

1. Conditions Conducive to Infestation. Every dwelling, dwelling unit and its premises shall be maintained free of conditions conducive to the breeding of or infestation by· rodents, insects or pests.

H. GENERAL MAINTENANCE. No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not comply with the following minimum standards for general maintenance.

1. General.

a.) All dwellings and dwelling units and all parts thereof, both exterior and interior, shall be maintained in good repair and shall be capable of performing the function for which they or any fixture thereof were designed or intended to be used.

b.) Every supplied facility, piece of equipment or utility which is required under these rules and regulations and every chimney and smoke pipe, shall be so constructed and installed that it will function safely and effectively, and shall be maintained in sound working condition.

c.) No owner, operator or occupant shall cause any service facility, equipment or utility which is required under these rules and regulations to be removed or shut off from or discontinued from any occupied dwelling or dwelling unit let or occupied by him, except such temporary interruptions as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of the service is approved by the Chief Building Inspector.

2. Foundations, Exterior Walls and Roofs. Every foundation, exterior wall and roof of every dwelling and every accessory structure shall be substantially weather-eight, water-tight and rodent-proof shall be capable of affording privacy; shall be kept in sound condition and good repair; shall be kept free of all holes or breaks, and of loose or rotting boards, timbers, brick, stones and other structural material; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.
3. Exterior Surfaces. All exterior surfaces of any dwelling or accessory structure shall be reasonably capable of withstanding the effects of the elements and decay. Any exterior sur­face which is deteriorated, decaying, dis­integrating, or which is weathered with dirt and grime or which has lost its capability to reasonably withstand the effects of the elements and decay through peeling or flaking of the paint or other protective coating, shall be repaired, repainted or resurfaced.
4. Exterior Repairs and Maintenance to Harmonize with Existing Exterior. Whenever repair, re­placement or maintenance of exterior walls or roofs is required to comply with subsections (2) and (3) hereof, such repair, replacement or maintenance shall be undertaken so as to match, conform and be consistent with the existing exterior, and shall comply with all applicable provisions of these rules and regulations and the Ordinances . of the City of Moorland.
5. Windows and Exterior Doors. Every window, window screen, exterior door, exterior door screen, and hatchway shall be substantially weather-tight, water-tight, wind-tight and rodent-proof; shall be equipped with all appropriated hardware; shall be capable of being easily opened unless designed to be fixed; and shall be kept in good repair.
6. Floors, Bathroom Floors. All floors shall be substantially rodent-proof; be free of holes, wide cracks, and loose, protruding, warped or rotting floor boards which might constitute a possible accident hazard. Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. where such floor surfaces exist, they may be overlaid with carpeting designed and intended for use in bathrooms.
7. Interior Walls and Ceilings. Every interior wall and ceiling shall be substantially rodent­proof; shall be free of holes and large cracks and any flaking. peeling. loose or deteriorated paint, plaster, wall board, paneling or other material; and shall be safe to use and capable of supporting the 10ad which normal use may cause to be placed thereon. No lead base paint shall be applied to any interior wall or ceiling. Bathroom and kitchen walls shall have water-proof surfaces where necessary to prevent damage.
8. Stairways and Porches. Every inside and outside stairway and porch and every appurtenance thereto shall be maintained in a good state of repair and free from rotting, loose or deteriorating supports, rails, floors and stairs so as to be safe to use and capable of supporting the loads that normal use may cause to be placed thereon.
9. Accessory Structures. All garages, tool sheds and all other accessory structures shall be in good repair so as not to be unsafe or become a harborage for rats, other rodents and insects. Fences and roadside mailboxes shall be maintained in good repair, solid and in the same condition required for other exterior surfaces. Television antennae shall be firmly and securely fastened to the dwelling and shall be maintained in good repair.
10. Accumulation of Debris. The interior area of dwellings and dwelling units, including basements, attics and other storage areas, and the premises and accessory buildings associated therewith, shall be maintained free of any debris, object, material or condition which does or may create a hazard to the health or safety of any persons, is conducive to infestation, presents a fire hazard or constitutes a blighting or deteriorating influence on the neighborhood.
11. Vegetation. No premises shall contain uncon­trolled growths of vegetation and all trees, hedges and other planting shall be kept trimmed so as to avoid interference with persons or vehicles passing on public ways, easements or adjoining private property.

a.) Landscaping. All landscaping, including but not limited to, grass, trees, shrubbery, flowers and hedges are to be kept in a neat appearance and trimmed so as not to be a blight and deteriorating influence on the community as a whole. Lawns are to be mowed and trimmed. Grass is not to be allowed to grow greater than three (3″) inches in height without being mowed or trimmed.

12. Driveways and Walkways. Cement or asphalt driveways, walkways and parking areas shall be maintained free of loose or broken material and cracks shall be repaired as necessary to avoid safety hazards and accidents. Stone or dirt driveways, walkways and parking areas shall be maintained in forms designed to prevent the spread of stone and dirt to public ways, easements and adjoining property.
13. Gutters and Downspouts. All gutters and downspouts shall be securely and firmly fastened to the dwelling, shall be maintained free of debris which might prevent their proper functioning and shall not be allowed to dis­charge in the manner which might create unnecessary erosion.

I. RESPONSIBILITY.

1. RESPONSIBILITY OF OWNERS AND OPERATORS. Every owner or operator of a dwelling or dwelling unit shall:

a.) Compliance with Duties. Comply with all duties imposed on him by these rules and regulations and the Ordinances and the City of Moorland.

b.) Shared Areas and Facilities. Maintain in a clean, sanitary and safe condition the shared or public areas of the dwelling and premises, including parkways, and maintain and repair any equipment or facilities which said owner or operator supplies or is required to supply pursuant to rules and regulations herein set out and the Ordinances of the City of Moorland.

c.) Extermination. Exterminate any insects, rodents or other pests in any dwelling unit if infestation is caused by the failure of the owner or operator to maintain the dwelling in a rodent-proof and reasonably insect-proof condition, and to exterminate such pests in the dwelling regardless of the cause of infestation.

d.) Garbage and Rubbish Disposal. Supply and maintain facilities for the temporary storage and disposal of garbage and rubbish and provide for the collection of garbage and rubbish from the premises.

2. RESPONSIBILITY OF OCCUPANTS. Every occupant of a dwelling shall:

a.) Compliance with Duties. Comply with all duties imposed on him by these rules and regulations and the Ordinances of the City of Moorland.

b.) Maintenance. Maintain in a clean and sanitary condition its dwelling, dwelling unit or premises which he occupies and controls.

c.) Supplied Facilities and Equipment. Keep all supplied facilities, including plumbing fixtures and cooking and refrigeration equipment, in a clean and sanitary condition and exercise reasonable care in their proper use and operation.

d.) Garbage and Rubbish Disposal. Dispose of all garbage and rubbish in a clean and sanitary manner by placing it in approved storage or disposal facilities which are safe and sanitary. Every occupant shall provide such facilities for and within his dwelling unit and shall maintain them in a clean and sanitary manner.

e.) Extermination. Be responsible for the extermination of insects, rodents and pests in his dwelling except when the owner or operator is responsible under these rules and regulations and the Ordinances of the City of Moorland.

f.) Accumulation of Debris and Storage of Goods. Not place on the premises any material which causes a fire hazard, or otherwise endangers the life, health or safety of any occupant of such dwelling or constitutes a blighting or deteriorating influence on the premises or neighborhood , nor place in storage on the premises any furniture, equipment or material which harbors insects, rodents or other pests or is conducive to infestation.

J. TRANSFER OF RESPONSIBILITY. A contract effective as between owner and operator or operator ·and occupant or owner and occupant with the regard to compliance hereunder shall not relieve any party of his direct responsibility under these rules and regulations and the Ordinances of the City of Moorland.

K. VIOLATION. Any violation of these rules and regulations permits the Chief Building Inspector to perform any repair, replacement, clean-up, painting or any other remedial act necessary to bring the subject premises up to the standards set out in these rules and regulations and any other Ordinances of the City of Moorland. Such remedial acts or repairs are to be done at the cost to the owner of the property and will constitute a lien against the property.

L. NOTICE. Before any remedial act is performed by the Chief Building Inspector, he shall first give notice to the owner and occupant(s) of the property by registered or certified mail. Such notice shall set forth the violation and the remedial steps needed to be taken. Failure to take appropriate remedial steps within fourteen (14) days after receipt of such notice shall permit the Chief Building Inspector to cause such remedial measures to be taken by the Chief Building Inspector.

SUBMITTED FOR PASSAGE AND APPROVAL: May 1, 1984.

Barbara F. Gregory

Chief Building Inspector

Department of Building Inspection

City of Moorland