§ 18-92. Additions, insertions and changes.

The International Property Maintenance Code adopted in section 18-91 is amended and revised in the following respects:

Section 101.1 (page 1). Delete section and replace with:

101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Ypsilanti, hereinafter referred to as "this code."

Section 102.3 (page 1). Delete section and replace with:

102.3 Application of other codes. Notwithstanding any reference in this code to other codes, no other codes are adopted by reference by the adoption of this code. Codes referenced by this code which have been adopted by the City of Ypsilanti elsewhere, as to repairs, additions or alterations to a structure, or changes of occupancy, must be done in accordance with the procedures and provisions of those referenced and adopted codes where the provisions and procedures of those codes are not in conflict with the provisions and procedures of this code. Additionally, nothing in this code is to be construed to cancel, modify, or set aside any provision of the City of Ypsilanti's Zoning Ordinance.

Section 102.6 (page 1). Delete section and replace with:

102.6 Historic buildings. The provisions of this code are not mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest, health, safety and welfare. Pursuant to Chapter 54 of the Ypsilanti City Code any building or structure, publicly or privately owned, historic or non historic, located within a historic district is a "historic buildings" for the purposes of this section.

Section 103.5 (page 2). Delete section and replace with:

103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code are as adopted by resolution of the Ypsilanti City Council.

Section 104.1 (page 2). Delete section and replace with:

104.1. General, rule-making authority. The code official is hereby authorized to enforce the provisions of this code. The code official has authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules will not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of violating accepted engineering methods involving public safety. All rules take effect when approved by resolution of City Council. The rules will be published on the City's website.

Section 104.3 (page 2). Delete section and replace with:

104.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official must present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official must first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. Entry must comply with the requirements of Section 58-138 of the Ypsilanti City Code "Regulation of entry." If entry is refused, the code official will have recourse to the remedies provided by law to secure entry.

Section 105.1 (page 2). Delete section and replace with:

105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the Construction Board of Appeals appointed and acting pursuant to the provisions contained in section 18-31 of the Ypsilanti City Code, and in accordance with the state construction code act, MCL 125.1501 et seq., has the authority to grant variances for individual cases, provided the Construction Board of Appeals first finds that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The code official may make written interpretations of this code. The details of actions granting modifications and making interpretations must be recorded and entered in the department files.

Section 106.3 (page 3). Delete section and replace with:

106.3 Prosecution of violation. Any person, firm, or corporation violating any provision of this article or failing to comply with a notice of violation or order served in accordance with section 107 is responsible for a blight violation, subject to payment of a civil fine as set forth in Section 71-73. Repeat offenses under this article are subject to increased fines as set forth in section 71-73. The imposition of a fine for any violation will not excuse the violation nor permit the violation to continue, and all such persons are required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each day that violations continue constitute a separate offense. Violations will be considered a strict liability offense. If a notice of violation is not complied with, the code official will institute an administrative hearing pursuant to Chapter 71 of the City Code to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. The costs of any action taken will be charged against the real estate upon which the structure is located and are a lien upon such real estate.

Section 110.1 (page 6). This section is deleted.

Section 110.2 (page 6). This section is deleted.

Section 110.3 (page 6). This section is deleted.

Section 110.4 (page 6). This section is deleted.

Section 111.1 (page 6). This section is deleted.

Section 111.2 (page 6). This section is deleted.

Section 111.2.1 (page 6). This section is deleted.

Section 111.2.2 (page 6). This section is deleted.

Section 111.2.3 (page 6). This section is deleted.

Section 111.2.4 (page 6). This section is deleted.

Section 111.2.5 (page 6). This section is deleted.

Section 111.3 (page 6). This section is deleted.

Section 111.4 (page 6). This section is deleted.

Section 111.4.1 (page 6). This section is deleted.

Section 111.5 (page 7). This section is deleted.

Section 111.6 (page 7). This section is deleted.

Section 111.6.1 (page 7). This section is deleted.

Section 111.6.2 (page 7). This section is deleted.

Section 112.4 (page 7). Delete section and replace with:

112.4 Failure to comply. Any person who continues any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, is liable as set forth in section 106.3 of this code.

Section 201.3 (page 9) Delete section and replace with:

201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in other codes referenced by this code or adopted by the City, such terms have the meanings ascribed to them as stated in those codes.

Section 202 (page 10) Delete definition of owner and replace with:

Owner. Any person, agent, owner/agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the statute, county, or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, the executor or administrator of the estate of such person if ordered to take possession of real property by the court, and any person registered as an agent or owner/agent under Section 18-131 of the Ypsilanti City Code.

Section 202 (page 10) Delete definition of workmanlike and replace with:

Workmanlike. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged, and without marring adjacent work. All materials and installation must be per manufacturer's instructions and in accordance with trade and industry standards.

Section 302.3 (page 11). Delete this section and replace with:

302. Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces, and similar areas must be kept in a proper state of repair, and maintained free from hazardous conditions. Repair and maintenance of public sidewalks will be enforced according to the procedures in Chapter 94, Streets, sidewalks and certain other public places, Article VII, Sidewalks, of the Ypsilanti City Code.

Section 302.4 (page 11). Delete this section and replace with:

302.4 Weeds. All premises and exterior property must be maintained free from weeds or plant growth in excess of ten inches. All noxious weeds are prohibited. Weeds are defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term does not include cultivated flowers and gardens. This section will be enforced according to the procedures in Article III, Weed Control, Sections 110-80 through 110-86 of the Ypsilanti City Code.

Section 304.14 (page 13). Delete section and replace with:

304.14 Insect screens. During the period from April 1 to November 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored must be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control must have a self-closing device in good working condition. Temporary expandable screens are not permitted.

Exception:

Screens are not required where other approved means, such as air curtains or insect repellent fans, are employed, or for owner occupied dwellings.

Section 304.17 (page 13). Delete section and replace with:

304.17 Guards for basement windows. In dwellings where rodent problems have been identified, every basement window that is openable must be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.

Section 304.18.1.1 (page 13). The following section is added:

304.18.1.1 Swinging doors. A lock must be so constructed that the bolt may be retracted by the action of a single inside knob, thumbturn or lever. A lock must be capable of being deadlocked (not springloaded) from the interior and by an exterior key. The strike plate shall be securely attached to the frame of the doorway. For strike plates installed or replaced after September 17, 1984, the strike plate must be attached by woodscrews, a minimum of two inches in length, if the frame is made of wood.

Section 304.18.4 (page 13). The following section is added:

304.18.4 Peepholes. Every dwelling or rooming unit entrance door which does not contain a window or side light must be equipped with a wide angle peephole viewer installed between 43 and 60 inches from the floor.

Section 304.18.5 (page 13). The following section is added:

304.18.5 Secondary locks. Operable windows and sliding doors located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let or operable windows and sliding doors otherwise accessible from the exterior must be equipped with a secondary locking device to provide ventilation yet prohibit entry.

(a)

Single and double-hung windows must be equipped with ventilation locks or other secondary locks approved by the Building Department. If pin locks are used, the pins for such locks must be steel and the lock must be secured to the window frame by screws a minimum of three-fourths of an inch in length and the holes must be drilled at a slight downward angle through the inner frame and halfway into the outer frame. The pins must not require the use of any key or tool for removal. Pin or vent locks must be installed in a way that allows the window to be secured in a position to allow for ventilation yet prohibit entry.

(b)

Sliding windows and doors must be equipped with a rod at least ¾ inch in diameter or width, and of such length as to prevent the door or window from being opened when laid in the bottom track. Rods must fit loosely and not require force or knowledge for removal.

Section 304.18.6 (page 13). The following section is added:

304.18.6 Common access: In multiple dwellings which are offered for rent or lease and where access to individual dwellings or rooming units are obtained by means of common hallways and exterior doors, such exterior doors and any windows must be equipped as follows:

1.

All doors must be self closing and self latching and must not be equipped with any type of hold open device.

2.

All doors must be equipped with a lock requiring a key or code for entry from the exterior. The lock must operate without any key, code, tool or other special knowledge or effort from the interior and be of a type that remains locked from the exterior at all times. Electric releases are permitted, and if so equipped, the releases must be operable at all times. Strike plates must have protective guards on the exterior side to prevent the lock from being pried open.

3.

If a common hallway has operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface, the windows must be equipped with locks as per section 304.18.5. The windows must be equipped with insect screens per section 304.14.4. Common tenant areas such as laundry rooms, storage areas, etc., which are accessed from a common hallway must have entry doors meeting the requirements of this section.

Section 305.3.1 (page 14). The following section is added:

305.3.1 Interior dampness. Every dwelling, including basement and crawl spaces, must be maintained reasonably free from dampness to prevent conditions conducive to decay, mold growth, and deterioration of the structure.

Section 309.1 (page 15). Delete section and replace with:

309.1 Infestation. All structures must be kept free from insect and rodent infestation. All structures in which insects or rodents are found must be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions must be taken by the owner, owner/agent, and occupant to prevent re-infestation.

Section 602.2 (page 21). Delete section and replace with:

602.2 Residential occupancies. Dwellings must be provided with heating facilities capable of maintaining a room temperature of 68 degrees Fahrenheit (20 degrees Celsius) in all habitable rooms, bathrooms, and toilet rooms based on the Winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. The following may not be used to provide the required heating: cooking appliances, portable unvented fuel-burning space heaters, portable electric space heaters.

Exception:

In areas where the average monthly temperature is above 30 degrees Fahrenheit (-1 degrees Celsius), a minimum temperature of 65 degrees Fahrenheit (18 degrees Celsius) must be maintained.

Section 602.3 (page 21). Delete section and replace with:

602.3 Heat supply. Every owner, owner/agent, and operator of any building who rents, leases, or lets one or more dwelling units or sleeping units on terms, either express or implied, to furnish heat to the occupants thereof must supply heat during the period from September 15 to May 15 to maintain a minimum temperature of 68 degrees Fahrenheit (20 degrees Celsius) in all habitable rooms, bathrooms, and toilet rooms.

Exceptions:

1.

When the outdoor temperature is below the Winter outdoor design temperature for the locality, maintenance of the minimum room temperature is not required provided that the heating system is operating at its full design capacity. The Winter outdoor design temperature for the locality is as indicated in appendix D of the International Plumbing Code.

2.

In areas where the average monthly temperature is above 30 degrees Fahrenheit (-1 Celsius) a minimum temperature of 65 degrees Fahrenheit (18 degrees Celsius) must be maintained.

3.

Structures with closed loop HVAC systems must provide heat within 30 days of the dates in section 602.3, based upon fluctuant weather conditions.

Section 602.4 (page 21). Delete section and replace with:

602.4 Occupiable work spaces. Indoor occupiable work spaces must be supplied with heat at all times necessary to maintain a temperature of not less than 65 degrees F (18 degrees C) during the period the spaces are occupied.

Exceptions:

1.

Processing, storage and operation areas that require cooling or special temperature conditions.

2.

Areas in which persons are primarily engaged in vigorous physical activities.

Section 603.7 (page 21). The following section is added:

603.7 HVAC Certification requirement. All gas fired heating equipment must be serviced and inspected by a licensed mechanical contractor. The mechanical contractor must provide certification of inspection minimally every 4 years. The certification must be on a form approved by the Building Official. Inspectors may require cleaning and service more frequently based on observations made during the inspections.

Section 605.2 (page 22). Delete section and replace with:

605.2 Receptacles. Every habitable space in a dwelling must contain at least two separate and remote receptacle outlets. Every laundry area must contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom must contain at least one receptacle. Any new or replaced bathroom and kitchen receptacle outlet must have ground fault circuit interrupter protection. All receptacle outlets must have the appropriate faceplate cover for the location.

Section 605.4 (page 22). Delete section and replace with:

605.4 Wiring. Flexible cords and cables may not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings.

Section 605.4.1 (page 22). The following section is added:

1605.4.1 Extension cords. Portable air conditioners, portable heaters, microwaves, and kitchen appliances may not be connected to an extension cord. No other electrical appliance or machine may be connected to an extension cord unless approved by the code official pursuant to section 105.2.

Section 605.5 (page 22). The following section is added:

605.5 Grounding. No electrical appliance, machine, and device designed to be connected to a grounded receptacle may be connected to a non-grounded receptacle or connected in any fashion that avoids or bypasses the grounding.

Section 701.1 (page 25). Delete section and replace with:

701.1 Scope. The provisions of this chapter and the fire code adopted by the City of Ypsilanti govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.

Section 702.1 (page 25). Delete section and replace with:

702.1 General. A safe, continuous, and unobstructed path of travel must be provided from any point in a building or structure to the public way. Means of egress must comply with the Fire Code adopted by the City of Ypsilanti.

Section 702.2 (page 25). Delete section and replace with:

702.2 Aisles. The required width of aisles in accordance with the Fire Code adopted by the City of Ypsilanti must be unobstructed.

Section 702.3 (page 25). Delete section and replace with:

702.3 Locked doors. All means of egress doors must be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the Building Code enforced by the City of Ypsilanti.

Section 704.1 (page 25). Delete this section and insert:

704.1 General. All systems, devices, and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof must be maintained in an operable condition at all times in accordance with the Fire Code adopted by the City of Ypsilanti.

Section 704.1.1 (page 25). Delete this section and replace with:

704.1.1 Automatic sprinkler systems. Inspections, testing and maintenance of automatic sprinkler systems must be in accordance with the Fire Code adopted by the City of Ypsilanti.

Section 704.2 (page 25). Delete section and insert:

704.2 Smoke alarms. Single or multiple-station smoke alarms must be installed and maintained in Groups R-2, R-3, R-4, and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of the following locations:

1.

On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.

2.

In each room used for sleeping purposes.

3.

In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level will suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.

Single or multiple-station smoke alarms must be installed in other groups in accordance with the Fire Code adopted by the City of Ypsilanti.

Section 705 (page 26). The following section is added:

705 FIRE EXTINGUISHERS

705.1 Where required. Portable fire extinguishers must be installed as follows:

1.

All multiple dwelling units, which are offered for rent or lease, must be equipped with a fire extinguisher with a minimum rating of 1-A:10-B:C and meeting the requirements of the Fire Prevention Code of the City of Ypsilanti.

2.

All common tenant areas in the structure in which the units are located containing laundry equipment for tenant use must be equipped with a fire extinguisher with a minimum rating of 3-A:40-B:C and meeting the requirements of the Fire Prevention Code of the City of Ypsilanti.

3.

All one- or two-unit rental dwellings offered for rent or lease must be equipped with a fire extinguisher with a minimum rating of 1-A:10-B:C in addition to meeting the minimum requirements of the Fire Prevention Code of the City of Ypsilanti.

705.2 Location. All extinguishers must be permanently mounted in conspicuous locations where they will be readily accessible and immediately available for use.

(Ord. No. 832, § 3, 2-19-1996; Ord. No. 932, 5-1-2001; Ord. No. 1034, § 1, 3-21-2006; Ord. No. 1109, § 1, 10-20-2009; Ord. No. 1132, § 1, 9-21-2010; Ord. No. 1223, § 1, 6-17-2014)