200 E. Berry Street ● Suite 170 ● Fort Wayne, IN 46802 ● Tele: 260.449.3276 or 260.449.7199 ● Web: www.accdc.us

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MINIMUM HOUSING CODE FOR ALLEN COUNTY

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The following information is provided by the ACCDC as a courtesy only. It is the responsibility of property owners and licensed contractors to verify and comply with the most current edition of the Allen County Code, as well as any other applicable codes. Please inquire at the Allen County Building Department (260.449.7131) if you have any questions.

ALLEN COUNTY CODE - TITLE 6 Building Department Ordinance Thirteenth Edition, effective May 07, 2003 Allen County Building Department

ARTICLE 6 6-6-4

CHAPTER 4 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES

6-6-4-1

Occupancy Requirements No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein, which does not comply with the following requirements: (a) Every dwelling unit shall contain a kitchen sink in good working condition and connected to a water and sewer system approved by the enforcement agency. (b) Every dwelling unit shall contain a room which affords privacy to a person within said room which is equipped with a flush water closet and a lavatory basin in good working condition and connected to a water and sewer system approved by the enforcement agency. (c) Every dwelling unit shall contain, within a room which affords privacy to a person within said room, a bathtub or shower in good working condition and connected to a water and sewer system approved by the enforcement agency. (d) Every kitchen sink, lavatory basin, and bathtub or shower required under the provisions of A.C.C. 6-6-4-1 (a), (b) and (c) shall be connected with both hot and cold water lines. (e) Every dwelling unit shall be supplied with rubbish storage facilities, type and location of which are approved by the enforcement agency. (f) Every dwelling unit shall have garbage disposal facilities or garbage storage containers, type and location of which are approved by the enforcement agency. (g) Every dwelling unit shall have supplied waterheating facilities which are installed, are maintained in safe and good working condition, are connected with the hot water lines required under the provisions of A.C.C. 6-6-4-1 (d) and are capable of heating water to such a temperature as to permit water to be drawn at every required

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kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees F. Such supplied water heating facilities shall be capable of meeting the requirements of this sub-section when the dwelling or dwelling unit heating facilities required under provisions of A.C.C. 6-6-5-5 are not in operation. (h) Every dwelling unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of this State and this County of Allen.

6-6-5

CHAPTER 5 MINIMUM STANDARDS FOR LIGHT, VENTILATION, AND HEATING

6-6-5-1

Window Requirements No person shall occupy as 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 requirements: (a) Every habitable room shall have at least one window or skylight facing directly to the outdoors. (1) The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of such room. (2) Whenever walls or other portions of structures face a window of any such roof located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. (3) Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 15% of the total floor area of such room.

6-6-5-2

Window Ventilation Requirements Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size of minimum skylight-type window size as required in A.C.C. 6-6-5-1 except where there is supplied some other device according ventilation and approved by the enforcement agency.

6-6-5-3

Electric Facilities

(A)

Facilities required: Every occupied building shall be provided with an electrical system in compliance with the requirements of this section. Service: The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Every dwelling shall be served by a main service that is not less than 60 amperes, three wires. Electrical system hazards: Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or similar reasons, the official shall require the defects to be corrected to eliminate the hazard.

(B)

(C)

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(D) (E)

(F)

6-6-5-4

Installation: All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. Receptacles: Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one groundedtype receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. In each kitchen at least on separate duplex convenience electrical connected to a 20 AMP circuit is required for appliances. Lighting fixtures: Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room, and furnace room shall contain at least one electrical lighting fixture. Illumination of entrances and basements is required for the welfare and safety of the occupants. Heating Requirements Every dwelling shall have heating facilities which are properly installed, which are maintained in safe and good working condition, and which are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least 70 degrees F., at a distance of three feet above the floor level and at an outdoor temperature of 10 degrees F. below zero. No habitable room, dwelling or dwelling unit shall contain any flame producing device or appliance for the purpose of providing the required heat in such space or spaces unless such device or appliances shall be provided with permanent, proper and safe means for the supplying of combustion air and for venting to the outdoors of all products of combustion.

6-6-5-5

Lighting of Public Halls and Stairways Every public hall and stairway in every multiple dwelling containing five or more dwelling units shall be lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four dwelling units may be supplied with conveniently located light switches, controlling a lighting system which may be turned on when needed instead of full-time lighting.

6-6-5-6

Screening Against Insects During that portion of each year when the enforcement agency deems it necessary for protection against mosquitoes, flies, and other insects, every door opening directly from a dwelling unit to outdoor space shall have supplied screens and a self-closing device; and every window or other device with openings to outdoor space, used or intended to be used for ventilation shall likewise be supplied with screens: Providing that such screens shall not be required during such period in rooms deemed by the enforcement agency to be located high enough in the upper stories of buildings as to be free from such insects, and in rooms located in areas of the County of Allen which are deemed by the enforcement agency to have so few such insects as to render screens unnecessary.

6-6-5-7

Basement and Cellar Windows Every basement or cellar window used or intended to be used for ventilation and every other opening to a basement which might provide an entry for rodents, shall be supplied with a screen or such other device as will effectively prevent their entrance.

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6-6-6

CHAPTER 6 GENERAL REQUIEREMENTS RELATING TO THE MAINTENANCE OF PARTS OF DWELLING UNITS

SAFE

AND

SANITARY

No person shall occupy as owner-occupant or let to another for occupancy, any dwelling unit, for the purpose of living therein which does not comply with the following requirements: 6-6-6-1

Maintenance of Building Every foundation, floor, wall, ceiling and roof shall be weather tight and rodent proof. All exterior walls and wall components shall be maintained so as to prevent deterioration due to the elements and destructive insects. Such maintenance shall consist of painting, installation or repair of walls, copings and flashing, waterproofing of joints and waterproof coatings, and shall be kept in sound condition and good repair.

6-6-6-2

Maintenance of Exterior Openings Every window, exterior door, and basement hatchway shall be watertight, weather tight, and rodent proof and shall be kept in sound working condition and good repair.

6-6-6-3

Maintenance of Stairs and Appurtenances Every inside and outside stair, every porch and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair.

6-6-6-4

Maintenance of Plumbing Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks and obstructions.

6-6-6-5

Maintenance of Floor Surface Every water closet compartment floor surface and bathroom surface shall be constructed and maintained so as to be impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

6-6-6-6

Safety and Effectiveness Every supplied facility, piece of equipment, or utility which is required under this ordinance shall be so constructed or installed that it will function safely and effectively and shall be maintained in working condition.

6-6-6-7

Removal or Shutoff No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this ordinance to be removed from or shut off from or discontinued for any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the enforcement agency.

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6-6-6-8

Cleanliness No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary and fit for human occupancy.

6-6-6-9

Disposal of water from Sump Pumps, Gutters, Heat Pumps, etc. Discharge water from any of the above shall not drain into any sanitary sewer. Discharge water shall not be directed in such a way that it will cause any damage to the structure or any neighboring structure or property.

6-6-7

CHAPTER 7 MINIMUM SPACE, USE AND LOCATION REQUIREMENTS

6-6-7-1

Floor Space Per Occupant No person shall occupy or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein, which does not comply with the following requirements: (a) Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area. (b) In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof.

6-6-7-2

Access to Bathroom No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment.

6-6-7-3

Ceiling Height At least one-half of the floor area of every habitable room shall have a ceiling height of at least 7 feet; and the floor area of that part of any room where the ceiling height is less than 5 feet shall not be considered as part of the floor area in computing the total floor area of the room permissible occupancy thereof.

6-6-7-4

Cellar Space No cellar space shall be used as the only habitable room in a dwelling unit.

6-6-7-5

Basement Space No basement space shall be used as the only habitable room in a dwelling unit unless: (1) The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness;

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(2) The total of window area in each room is equal to at least the minimum window area sizes as required in A.C.C. 6-6-5-1; (3) Such required minimum window area is located entirely above the grade of the ground adjoining such window area; (4) The total of openable window area in each room is equal to at least the minimum as required under A.C.C. 6-6-5-2, except where there is supplied some other device affording ventilation and approved by the enforcement agency.

6-6-8

CHAPTER 8 RESPONSIBILITIES OF OWNERS AND OCCUPANTS

6-6-8-1

Responsibility of Owner Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.

6-6-8-2

Responsibility of Occupant Every occupant of a dwelling or dwelling unit shall keep a clean and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which he occupies and controls.

6-6-8-3

Disposal of Rubbish Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner, by placing it in the containers required by A.C.C. 6-6-4-1 (e).

6-6-8-4

Disposal of Rubbish Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents, in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storage containers required by A.C.C. 6-6-4-1 (f). (a) It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than four dwelling units and for all dwelling units located on premises where more than four dwelling units share the same premises. (b) In all other cases it shall be the responsibility of the occupant to furnish such facilities or containers.

6-6-8-5

Screens and Storm Doors and Windows Every occupant of a dwelling or dwelling unit shall be responsible for hanging all screens and double or storm doors and windows whenever the same are required under the provisions of this ordinance of any rule or regulation adopted pursuant thereto, except where the owner has agreed to supply such services.

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6-6-8-6

Extermination of Pests Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. (a) Notwithstanding the foregoing provisions of this sub-section, whenever infestation is caused by failure of the owner to maintain a condition, extermination shall be the responsibility of the owner. (b) Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.

6-6-8-7

Plumbing Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of care in the use and operation thereof.

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