ORDINANCE CITY OF NEW ORLEANS BY: COUNCILMEMBERS GISLESON PALMER, HEAD AND CANTRELL (BY REQUEST)

ORDINANCE CITY OF NEW ORLEANS CITY HALL: March 7, 2013 CALENDER NO. 29,473 NO. MAYOR COUNCIL SERIES BY: COUNCILMEMBERS GISLESON PALMER, HEAD AND CANTRELL (BY REQUEST) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE to amend and reordain Article IV of Chapter 26 of the Code of the City of New Orleans, regarding minimum property maintenance standards, establishing the conditions and maintenance of all property, building and structures, residential and nonresidential, by providing standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; the vacating of buildings and structures unfit for human occupancy and use; the demolition of such existing structures as provided herein; enforcement, fees, costs and penalties relative thereto; and to provide otherwise with respect thereto. SECTION 1. THE COUNCIL OF THE CITY OF NEW ORLEANS HEREBY ORDAINS, that Article IV of Chapter 26 of the Code of the City of New Orleans be and the same is hereby amended and reordained to read as follows: CHAPTER 26 - BUILDINGS, BUILDING REGULATIONS AND HOUSING STANDARDS *** Article IV Minimum Property Maintenance Code Division I. Policy and scope Sec 26-146. Title. These regulations shall be known as the Minimum Property Maintenance Code, hereinafter referred to as this code. Sec 26-147 Policy and purpose. The purpose of this code is to protect the health, safety and welfare of the public insofar as they are affected by the maintenance of structures and premises and any occupancy thereof. This

15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 code shall be construed to secure this express intent. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide the minimum level of health, safety and welfare required by this code. Sec 26-148 Scope. The provisions of this code shall apply to all residential and nonresidential structures and all premises and shall constitute the minimum requirements and standards for premises, structures, accessory structures, equipment and facilities for light, ventilation space, heating, sanitation, protection from the elements, life safety, safety from hazards, and for safe and sanitary maintenance; the responsibility of owners, operators, and occupants; the occupancy of existing structures and premises; and for administration, enforcement and penalties thereto. Sec 26-149 Applicability. (a) It shall be unlawful for any person, natural or juridical, to be in conflict with or in violation of any of the provisions of this code. (b) Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with all other applicable codes. Nothing in this code shall be construed to cancel, modify, or set aside any provision of the New Orleans Comprehensive Zoning Ordinance, as amended, or the Building Code of the City of New Orleans, as amended. (c) Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and another applicable code, the provisions of this code shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern. The provisions of this code shall not be deemed to nullify any provision of state or federal law. (d) The provisions of this code shall not be construed to abolish or impair existing remedies relating to the removal or demolition of any building or structure which is dangerous, unsafe, and/or unsanitary. Division II. Definitions Sec. 26-150. Definitions. (a) The following terms shall, for the purposes of this code, have the meanings ascribed to them in this section. (b) Terms not defined in this section but defined in the New Orleans Comprehensive Zoning Ordinance, as amended, or the Building Code of the City of New Orleans, as amended, shall have the meanings ascribed to them in the zoning or building code.

48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 (c) Where terms are not defined in this section or in the New Orleans Comprehensive Zoning Ordinance, as amended, or the Building Code of the City of New Orleans, as amended, they shall have their ordinarily accepted meanings such as the context implies. (d) Words are interchangeable insofar as words stated in the present tense include the future; words stated in the masculine gender include the feminine; the singular number includes the plural and the plural, the singular. (e) Whenever the words structure, accessory structure, building, or dwelling unit are stated in this code, they shall be construed as though they were followed by the words or any part thereof. Accessory structure. A structure that is incidental to that of the main structure. Examples include: garages, carports, sheds, laundry rooms, green houses, and tool rooms. Abate. Repair, rehabilitate, vacate, demolish, or any other action provided by the administrative hearing officer to correct the condition(s) in violation of this code. Administrative hearing officer. An administrative adjudication hearing officer acting pursuant to Chapter 6 of the Code of the City of New Orleans. Anchored. Secured in a manner that provides positive connection. Approved. Acceptable to the code official. Bathroom. A room containing plumbing fixtures including a bathtub or shower. Bedroom. Any room or space used or intended to be used for sleeping purposes. Building. Any structure used or intended for supporting or sheltering any use or occupancy. Code official. The official who is charged with the administration and enforcement of this code, or their duly authorized representative. Debris Removal. The taking away from a premises the scattered remains of rubble, wreckage, or something broken or destroyed. Demolition. Tearing down, razing, and removal of all resulting debris and material. Deteriorate. Weaken, disintegrate, corrode, rust or decay and lose effectiveness. Dwelling unit. A single unit providing complete, independent, living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Equipment. Necessary items for a particular purpose. Exterior property. The open space on the premises and/or property under the control of owners or operators of such premises. Habitable space. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet

82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 rooms, closets, halls, storage, or utility spaces, and similar areas are not considered habitable spaces. Imminent Danger. A condition which immediately threatens the health, safety, and welfare of an individual or the public. Infestation. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. Inoperable motor vehicle. A vehicle which cannot be driven upon the public streets for reasons including but not limited to: being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. Occupant. Any individual legally living or sleeping in a building, or having possession of a space within a building. Occupy. To reside or have one s place of business within a structure. Openable area. The part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. Operator. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. Owner. Any natural or juridical person recorded in the official public record of the Parish as holding title to real property. Premises. A lot, plot, or parcel of land, together with all or any part of any buildings or structures on the lot, plot, or parcel of land, considered as a unit devoted to a particular use, including accessory structures and open spaces required or used in connection with that particular use. Structure. That which is built or constructed. Toilet room. A room containing a water closet or urinal but not a bathtub or shower. Uninhabitable. Not fit for habitation. Vacant. A structure with no contents pertaining to the operations or activities customary to occupying a structure. Vacant land. A lot, plot, or parcel of land without a structure. Ventilation. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. Workmanlike. Executed in a skilled manner and performed with the same degree of care, skill,

113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 and diligence as would be ordinarily exercised by a competent practitioner of the same profession performing similar work under the same or similar circumstances; suitable for its intended purpose and free from defects in workmanship or materials. Division III. Administration. Sec. 26-151. Division of Code Enforcement The division of Code Enforcement shall be the agency responsible for the administration and enforcement of this code and the executive official in charge thereof shall be known as the code official. The mayor shall appoint the code official and the code official shall have the power to delegate as needed for the enforcement this code. Sec. 26-152. - Liability. The code official and any employee charged with the enforcement of this code shall not be rendered personally liable for any damage that may occur to persons or property as a result of any act in the discharge of official duties. The code official or any employee thereof shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. Sec. 26-153. General Duties (a) The code official is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures, in conjunction with the Chief Administrative Officer, in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. The code official and any designee(s) thereof charged with the enforcement of this code are authorized to make inspections and/or to administer and enforce the provisions of this code. (b) Requirements not specifically covered by this code but necessary for the strength, stability or proper operation of an existing fixture, structure, or equipment, or for the public safety, health and general welfare, shall be determined by the code official. Sec. 26-154. Inspections. The code official shall make all of the required inspections, or may accept reports of inspection by approved individuals. All reports of such inspections shall be in writing and shall be certified

143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 by the person conducting the inspection. The code official is authorized to engage such expert opinion(s) as necessary to report upon technical issues that may arise. Sec. 26-155. - Right of entry. (a) In the performance of his or her duties, the code official may enter any land, structure, or premises in the City to enforce this Code, at any reasonable time, whenever the code official has reasonable cause to believe that violation(s) of this code exist. (b) Prior to entering any land, structure, or premises to enforce this code, the code official must give notice of his or her intent to enter. Notice shall be in writing and provide the date and time at which the code official will be present to make the inspection, and inform the person notified that he or she may request to reschedule the inspection to another date and time by contacting the code official before the stated date. (c) If the property is occupied, notice shall be provided by certified or registered mail to the occupant or the person with apparent right of possession, with a courtesy copy mailed to the owner at the owner s last known address as provided in the assessor s records, and conspicuously posted at or near the entrance to the structure or premises. If the property is vacant, the notice shall be mailed or delivered to the last known address of the owner as provided in the assessor s records. (d) After notice has been given, if the person notified fails to arrange for, denies, or unduly delays the entry, the code official may request that the law department file in a court of competent jurisdiction a petition for right of entry to authorize entry for the inspection. Probable cause for a petition shall exist if: 1) the notice required by subparts (b) and (c) of this section have been given; and 2) the code official has a good faith belief that an inspection will reveal violation(s) of this code. (e) The petition for right of entry shall be verified by the code official and accompanied by a sworn and signed affidavit containing facts within the personal knowledge of the affiant that probable cause exists. (f) Any inspection conducted pursuant to an order permitting right of entry shall be made within 15 calendar days of the date the order is issued, unless otherwise provided in the order. The order shall be void upon expiration of the inspection period. (g) Neither an order nor prior notice is required in any of the following named circumstances: 1) entry is by permission of an owner or occupant upon the code official presenting credentials and requesting entry, or at the request of an owner or occupant of the land, structure, or premises or by a person with apparent right of possession;

177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 2) if the land, structure, or premises is vacant, visibly open and obviously accessible to members of the general public and violations of this code are in plain view; 3) immediately after an accident or disaster that causes the code official to believe that immediate entry is necessary for investigative purposes or to protect property or public health or safety. Division IV. General Requirements vacant and occupied premises. Sec. 26-156. Generally. (a) The provisions of this division shall govern the minimum conditions and the responsibilities of persons for the maintenance of all premises, including structures and the exterior of property. The owner of a premises shall maintain the structures and exterior property in compliance with the requirements contained herein, except as otherwise provided for in this code. (b) A person shall not occupy as an owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. (c) All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided in this division so as not to adversely affect the public health or safety. Sec. 26-157. - Exterior property area Sanitation All exterior property and premises shall be maintained in a clean, safe and sanitary condition, free from any accumulation of trash, litter, debris, garbage, waste, rubbish or other similar material. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such trash in approved container(s), as provided in Chapter 138 of the Code of the City of New Orleans. Sec. 26-158. Exterior property area Grading. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Drainage systems shall divert water away from the property and away from adjacent property lines. All drainage should discharge towards the public-right-of-way. Sec. 26-159. Exterior property area Sidewalks and driveways. All sidewalks, walkways, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions, including but not limited to, deterioration, deformation, fractures, fissures, spalling, or detached, dislodged or failing connections.

211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 Sec. 26-160. Exterior property area Weeds and plant growth. (a) All premises and exterior property shall be maintained free from weeds or plant growth in excess of eighteen (18) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs. Said term shall not include cultivated flowers and gardens. (b) Upon failure of the owner or agent having charge of a property to cut and destroy weeds as required by a hearing officer, any duly authorized designee of the City or contractor hired by the City shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. Sec. 26-161. Exterior property area Rodent harborage. (a) All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation. (b) The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure. (c) The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure, except when the infestations are caused by defects in the structure, and then the owner shall be responsible for pest elimination. Sec. 26-162. Exterior property area Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property, as provided in the Mechanical Code of the City of New Orleans, as amended. Sec. 26-163. Exterior property area Accessory structures and fences. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. Sec. 26-164. Exterior property area Motor vehicles. Except as provided for in other regulations, no inoperative and/or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited. Sec. 26-165. Exterior property area Defacement of property.

244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving, or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. Sec. 26-166. Exterior property area - Swimming pools, spas, and hot tubs. All swimming pools, spas, and hot tubs shall be maintained in a clean and sanitary condition and in good repair with a functioning filtration system. Private swimming pools, hot tubs and spas shall be completely surrounded by a fence or barrier at least six feet in height above the finished ground level, measured on the side of the fence or barrier which faces away from the pool. Access gates mush be self-closing and self-latching. Sec. 26-167. Exterior structure Protective treatment. (a) All exterior surfaces, including but not limited to: doors, door and window frames, cornices, porches, trim, balconies, decks, and fences, shall be maintained in good condition. (b) Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. (c) All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. (d) All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Surfaces designed for stabilization by oxidation are exempt from this requirement. Sec. 26-168. Exterior structure Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabetic letters. Numbers shall be a minimum of four inches in height with a minimum width of.5 inches. Sec. 26-169. Exterior structure Structural members. All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads of the structure s legal use and occupancy. Sec. 26-170. Exterior structure Foundation walls. All foundation walls must be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. Sec. 26-171. Exterior Structure Exterior walls.

279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 Exterior walls must be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. Sec. 26-172. Exterior Structure Roofs. The roof and flashing shall be sound, tight and not have defects that admit rain. Roofs must be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts must be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that drains onto adjacent property. Roof tiles, shingles, and any other attachments shall be properly attached and kept in good condition. Sec. 26-173. Exterior Structure Drainage. Drainage from roofs, paved areas, yards, courtyards, and other open areas shall not pool to permit stagnant water likely to afford a breeding place for mosquitoes or to become contaminated or polluted in such a manner as to injure the public health or create offensive conditions. Approved retention areas and reservoirs are exempt from this section. Drainage systems shall divert water away from the property and away from adjacent property lines. All drainage should discharge towards the public-right-of-way. Sec. 26-174. Exterior Structure Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. Sec. 26-175. Exterior Structure Overhang extensions. All overhang extensions including but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces or metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment. Sec. 26-176. Exterior Structure Stairways, decks, porches and balconies. Every exterior stairway, deck, porch, balcony and gallery, and all appurtenances attached thereto, shall be maintained structurally sound, safe and in good repair, with proper anchorage and capable of supporting the imposed loads. Sec. 26-177. Exterior Structure Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be

311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment. Sec. 26-178. Exterior Structure Handrails and guardrails. All handrails and guardrails shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Sec. 26-179. Exterior Structure Window, skylight, door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. All glazing materials shall be maintained free from cracks and holes. Every window, other than fixed windows, shall be operable and capable of being held in position by window hardware. Sec. 26-180. Exterior Structure Insect screens. All existing insect screens shall be intact, free from holes or breaks, and tightly fitted. Sec. 26-181. Exterior Structure Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition and all exterior doors shall lock tightly to secure the door. Sec. 26-182. Exterior Structure Gates. All exterior gates, gate assemblies, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates. Sec. 26-183. Interior Structure structural members. All structural members shall be maintained structurally sound, and capable of supporting the imposed loads of the structure s legal use and occupancy. Sec. 26-184. Interior Structure interior surfaces. All interior surfaces shall be maintained in a good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracks or loose plaster, decayed wood and other defective surface conditions shall be corrected. Holes in interior walls shall be sealed as necessary. Sec. 26-185. Interior Structure Stairs and walking surfaces.

338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 Every stair and walking surface shall be maintained in a sound condition and good repair. Sec. 26-186 Interior Structure handrails Every handrail shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Sec. 26-187 Interior Structure interior doors Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer. Division V Light, Ventilation and Occupancy Limitations - occupied premises. Sec. 26-188. Generally. (a) The provisions of this division shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with the requirements contained herein. (b) A person shall not occupy as an owner-occupant or permit another person to occupy any premises that does not comply with the requirements of this division. (c) Artificial light or mechanical ventilation complying with the Building Code of the City of New Orleans, as amended, shall be permitted in lieu of the means for natural light and ventilation herein prescribed. Sec. 26-189. - Light in habitable spaces. (a) Every habitable space shall have at least one window facing directly to the outdoors or to a courtyard. The minimum total glazed area for every habitable space shall be eight percent of the floor area of such room. Wherever walls or portions of a structure face a window of any room and obstructions are located less than three feet from the window and extend to a level above the ceiling of the room, the window shall not be deemed to face directly to the outdoors nor to a courtyard and shall not be included in the calculation of aggregate glazed area. (b) Natural light for rooms or spaces without exterior glazing areas may be provided through an adjoining room if the unobstructed opening to the adjoining room is eight percent of the floor area of the interior room or space, but at a minimum of 25 square feet. The exterior glazing area shall be based on the total floor area being served.

369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 Sec. 26-190. Light in stairway and hallway. Every common hall and stairway in residential occupancies, other than in one and two family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet. In other than residential occupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied. Sec. 26-191. Light in other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of appliances, equipment and fixtures. Sec. 26-192. - Ventilation in habitable spaces. (a) Every habitable space shall have at least one openable window to provide natural ventilation. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 26-189. (b) When rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but at a minimum of 25 square feet. The ventilation openings to the outdoors shall be based on the total floor area being ventilated. (c) A window need not be openable when a mechanical ventilation system is provided and is capable of providing one cubic foot of fresh air per one square foot of floor area for the room being ventilated. Sec. 26-193. Ventilation of bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as provided in 26-192, except that a window shall not be required in a bathroom or toilet room with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. Sec. 26-194. Process ventilation.

397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. Sec. 26-195. - Minimum room width. A habitable room, other than a kitchen, shall not be less than seven feet in any horizontal dimension. Sec. 26-196. - Minimum ceiling height. (a) Habitable spaces, hallways, corridors, laundry areas, bathrooms and toilet rooms shall have a minimum ceiling height of seven feet. The required height is measured from the finished floor to the lowest projection from the ceiling. (b) Exceptions: 1) In one and two-family dwellings, beams and girders spaced a minimum of 4 feet on center and projecting a maximum of 6 inches below the required ceiling height. 2) Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear ceiling height of 7 feet over a minimum of one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of 5 feet shall be included. Sec. 26-197. Bedroom and living room requirements. Every bedroom and living room shall comply with the following requirements: 1) Every living room shall contain at least 120 square feet and every bedroom shall contain a minimum of 70 square feet, and every bedroom occupied by more than one person shall contain a minimum of 50 square feet of floor area for each occupant thereof. 2) Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this article. Sec. 26-198. - Prohibited occupancy. Kitchens and non-habitable spaces shall not be used for sleeping purposes. Sec. 26-199. Overcrowding.

427 428 (a) Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements established in the table below: 429 430 431 432 433 434 435 436 Space 1-2 occupants 3-5 occupants 6 or more occupants Living 120 120 150 Room Dining No 80 100 Room requirement Bedrooms Comply with Comply Comply 26-197 with 26-197 with 26-197 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 (b) The minimum occupancy area required by the table in subpart (a) of this section shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with 26-197. (c) Combined living room and dining room spaces shall comply with the requirements of the table in subpart (a) of this section if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room. Sec. 26-200. Efficiency Units Nothing in this article shall prohibit an efficiency living unit from meeting the following requirements: (a) A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet. A unit occupied by not more than two occupants shall have a minimum clear floor area of 220 square feet. A unit occupied by three occupants shall have a minimum clear floor area of 320 square feet. The required areas shall be exclusive of the areas required by subparts (b) and (c). (b) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches in front. Light and ventilation conforming to this code shall be provided. (c) The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. (d) The maximum number of occupants shall be three. Division VI Plumbing and fixture requirements - occupied premises.

458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 Sec. 26-201. Generally. (a) The provisions of this division shall govern the minimum plumbing systems, facilities and plumbing fixtures for occupying a structure. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with the requirements contained herein. (b) A person shall not occupy as an owner-occupant or permit another person to occupy any premises that does not comply with the requirements of this division. Sec. 26-202. - Required facilities. Every dwelling unit shall contain a bathtub or shower, lavatory, a flush-type water closet and a kitchen sink which shall be maintained in a sanitary and good working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which the water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. Sec. 26-203. - Privacy. Toilet rooms and bathrooms shall be arranged to afford privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms. Sec. 26-204. Floor surface. The floor of every bathroom or toilet room shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to easily be kept in a clean and sanitary condition. Sec. 26-205. - Plumbing fixtures. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks, and defects and be capable of performing the function for which the plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. Sec. 26-206. - Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. Sec. 26-207. - Plumbing system hazard.

486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 When a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration, or damage or for similar reasons, and the hazard poses an imminent danger to its occupants, the code official shall order correction of the defects to eliminate the hazard and may order the premises to be vacated until the defects are corrected. Sec. 26-208. - Water system. Every sink lavatory, bathtub or shower, water closet or other plumbing fixture shall be properly connected to the public water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot and cold running water. Sec. 26-209. - Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood level rim of the fixture. Sec. 26-210. - Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. Sec. 26-211. - Water heater. Water heating facilities shall be properly installed and maintained in compliance with the applicable building regulations of the City of New Orleans, and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum temperature of 110 degrees Fahrenheit. A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. Sec. 26-212. - Sanitary drainage. All plumbing fixtures shall be properly connected to the public sewer system or to an approved private system if the public system is not available. Sec. 26-213. - Maintenance.

515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. Division VII Mechanical and Electrical Requirements - occupied premises. Sec. 26-214. Generally. (a) The provisions of this division shall govern the minimum mechanical and electrical facilities and equipment for occupying a structure. The owner of the structure shall provide and maintain such mechanical and electrical facilities and equipment in compliance with the requirements contained herein. (b) A person shall not occupy as an owner-occupant or permit another person to occupy any premises that does not comply with the requirements of this division. Sec. 26-215. - Heating facilities. Every dwelling unit shall be provided with heating facilities capable of maintaining a minimum room temperature of 68 degrees Fahrenheit in all habitable rooms, bathrooms and toilet rooms. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Sec. 26-216. - Room temperature measurement. The required room temperature shall be measured three feet above the floor near the center of the room and two feet inward from the center of each exterior wall. Sec. 26-217. - Mechanical appliances. All mechanical appliances, fireplaces, solid-fuel-burning appliances and cooking appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. Sec. 26-218. - Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Combustible and flammable items shall not be stored in the same area as fuel burning equipment or appliances. Sec. 26-219. - Clearances. All required clearances to combustible materials shall be maintained.

543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 Sec. 26-220. - Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation. Sec. 26-221. - Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment. Sec. 26-222. - Electrical facilities. An occupied building shall be provided with an electrical system. Sec. 26-223. - 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, or as subsequently amended. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes. Sec. 26-224. 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 receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, and the hazard poses an imminent danger to its occupants, the code official shall order correction of the defects to eliminate the hazard and may order the premises to be vacated until the defects are corrected. Sec. 26-225. - Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. Sec. 26-226. - 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 grounded-type 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. All receptacle outlets shall have the appropriate faceplate cover for the location. Sec. 26-227. - Lighting fixtures.

572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room and other similar rooms shall contain at least one lighting fixture. Sec. 26-228. Wiring. Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings. Sec. 26-229. - Duct systems. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. Sec. 26-230. Fire Protection Systems. All systems, devices, and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the Fire Code of the City of New Orleans, as amended. All dwelling units shall have an operable fire detection system and alarm. Such system may be hard wired or battery operated. The code official or duly authorized representative may test the system and alarm to determine if it is functioning and operable. Division VIII Procedure and specific determinations Sec. 26-231. Procedure. Whenever the code official determines that violation(s) of this code exists or has grounds to believe that violation(s) have occurred - notice, hearing, appeal and all procedures and remedies thereto, including the collection of resultant debts and liens, shall be as provided in Chapter 6, Article II of the Code of the City of New Orleans. Sec. 26-132. Penalties. A penalty may be imposed for each noticed violation existing on, in or upon a premises. The penalty for each noticed violation shall not exceed the maximum provided in Section 6-37. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Sec. 26-233. Specific determination Order to vacate.

599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 When an occupied premises is found by the hearing officer to be unsafe, unfit for human occupancy, and/or unlawful, an order to vacate shall be issued. (1) A premises is unsafe if it is found to be dangerous to the life, health, property or safety of the public or to any occupants therein because the premises is damaged, decayed, dilapidated, structurally unsafe, of faulty construction and/or unstable. (2) A premises is unfit for human occupancy when the premises is in disrepair, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment as required by this code. (3) A premises is unlawful when its residential use is occupied by more persons than permitted under this code. Sec. 26-234. Order to vacate contents. At the hearing, if, in the opinion of the hearing officer the facts justify it, a premises is unsafe, unfit, and/or unlawful, an order to vacate shall be issued ordering that the premises be abated within a certain delay. The order shall provide the specific violations of this code that justify the finding that the premise is unsafe, unfit and/or unlawful. All occupants shall vacate within five days of the issuance of an order on the record at the hearing. The premises shall remain vacated until the code official determines that the violations creating the unsafe, unfit and/or unlawful premises have been abated. Upon this determination, the code official shall issue a letter of reoccupancy to the owner, and at that time the posting of the order to vacate, as provided in section 26-235, may be removed. Sec. 26-235. Order to vacate - posting. Upon a premises being determined to be unsafe, unfit, and/or unlawful by a hearing officer, the premises shall be placarded bearing notice of the order to vacate within 48 hours of said determination. The notice shall be signed by the code official, provide the date of the determination, and advise the public that the premises or structure has been deemed unsafe, unfit, and/or unlawful and that the public is warned to keep away. The order shall be posted on the door of the premises and shall provide the date and time by which all occupants shall vacate. Sec. 26-236 Specific determination - blight and public nuisance.

628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 Any vacant commercial or residential premises that is uninhabitable or hazardous because its physical condition constitutes a threat to public health and safety, and any structure thereon lacks the facilities and equipment required by this code, the property may be declared a blight and public nuisance by a hearing officer. Any vacant land that is uninhabitable or hazardous because its physical condition constitutes a threat to public health and safety may be declared a blight and public nuisance by a hearing officer. Sec. 26-237. Blight and public nuisance order. (a) Upon recommendation by the code official, at a hearing, if, in the opinion of the hearing officer the facts justify it, any vacant structure and premises thereof or vacant land that creates an uninhabitable or hazardous condition as provided in Sec. 26-236, an order may be entered deeming the property a blight and public nuisance and may authorize the expropriation thereof. The order shall provide the specific violations of this code that justify the finding. (b) If the City demolishes any uninhabitable or hazardous structure located on a premises, the blight and public nuisance order shall not be deemed satisfied. Division IX - Abatement Sec. 26-238. Abatement. An owner shall abate or cause a premise to be abated in accordance with the hearing officer s order. If the owner fails to abate within the time prescribed by the hearing officer, the code official may cause the premises to be abated without further notice or hearing(s), and the costs of abatement shall be charged against the premises and shall be a lien upon such property. A certified copy of the statement of costs reflecting the amount of such charges shall be filed with the recorder of mortgages, which shall operate as a lien and privilege in favor of the City against the property. Sec. 26-239. Abatement manner. (a) A hearing officer shall order any and all necessary and lawful measures to correct or abate violation(s), including but not limited to: repairing the premises to comply with this code, securing the premises from entry by others, and demolition of any unsafe buildings or structures upon a premises. The correction, repair, or alteration of any violation(s) shall be completed within the stipulated period of time provided in the hearing officer s order.