39-5 Electrical, plumbing, and mechanical systems; health and safety conditions.

A.    Fire safety. Existing buildings must comply with the Fire Code of the City of Phoenix. The presence and operation of window openings, size and condition of exits, bars, grills, grates covering windows and openings shall allow for safe and rapid egress in emergency situations. At least one window and all doors in living/sleeping rooms in dwelling units must have operable release mechanism that allows safe and rapid egress. Smoke detectors in good operating condition are required in all dwellings. All hazardous material shall be stored in a safe manner. No hazardous material shall be stored in bulk.

B.    Heating, cooling and ventilation systems.

1.    Heating, cooling and ventilation systems in any building or structure are to be maintained hazard-free, operational and in a state of good repair. Heating and cooling systems shall be free from hazards associated with ventilation, equipment status, mounting, electrical connections and other potential defects.

a.    Heating requirements. Every rental housing unit where such systems are installed shall have heating capable of safely heating all habitable rooms, bathrooms and flushing toilet rooms to a temperature of at least 70 degrees Fahrenheit at a distance three feet above floor level in the center of the room. Required heating shall be provided by permanently installed heating facilities. +1

b.    Cooling requirements. Every rental housing unit where such systems are installed shall have cooling capable of safely cooling all habitable rooms, bathrooms and flushing toilet rooms to a temperature no greater than 86 degrees Fahrenheit, if cooled by evaporative cooling, or 82 degrees Fahrenheit, if cooled by air conditioning. Temperature measurements shall be taken at a distance three feet above the floor in the center of the room. Required cooling shall be provided by permanently installed cooling facilities. +1

c.    Unvented combustion heaters; prohibited. No owner, agent, manager or tenant shall provide, install or allow to be installed or used any unvented portable space heaters burning solid, liquid or gaseous fuels. +1

d.    Cooking appliances as heaters; prohibited. No owner, agent, manager, or tenant shall allow the use of any ovens, stoves or ranges, or other cooking appliances for the purpose of heating any portion of a dwelling. +1

2.    Heating systems in dwellings or dwelling units shall not be removed except for immediate repair or replacement.

3.    Where a heating system has previously existed in a dwelling or dwelling unit but has been removed, such dwelling or dwelling unit shall not be occupied unless a heating system is installed.

4.    Ducted cooling systems, including refrigerant based systems and evaporative cooling systems, in dwellings or dwelling units shall not be removed except for immediate repair or replacement.

5.    Where a ducted refrigerant based cooling system has previously existed in a dwelling or dwelling unit but has been removed, such dwelling or dwelling unit shall not be occupied unless a ducted refrigerant based cooling system is installed or unless, prior to the effective date of this ordinance, a ducted evaporative cooling system has been installed.

6.    Where a ducted evaporative cooling system has previously existed in a dwelling or dwelling unit but has been removed, such dwelling or dwelling unit shall not be occupied unless a ducted evaporative cooling system or a ducted refrigerant based cooling system is installed.

7.    Non-ducted cooling units, including refrigerant based cooling units and evaporative cooling units, shall not be removed except for immediate repair or immediate replacement or unless a ducted refrigerant based cooling system or a ducted evaporative cooling system is available to provide cooling to the dwelling unit.

8.    Where a non-ducted cooling unit has previously existed in a dwelling or dwelling unit but has been removed, such dwelling or dwelling unit shall not be occupied unless a non-ducted refrigerant based cooling unit, a non-ducted evaporative cooling unit, a ducted refrigerant based cooling system, or ducted evaporative cooling system is installed.

C.    Electrical systems. All dwellings and dwelling units shall be provided with electrical service. Electrical facilities connected to or in any building or structure are to be maintained hazard-free and in a state of good repair. The electrical system shall be free from such hazards as bare wiring, poor connections, overloaded circuits, feeders or services, equipment not properly grounded, over-fused circuits, misuse of wiring, wiring not properly supported, non-approved wiring and wiring exposed to extreme heat, moisture, gases or other harmful vapors or liquids.

All alterations to existing electrical systems shall conform to the City of Phoenix Construction Code. The capacity of all electrical systems shall be able to safely supply power to the existing appliances, fixtures, and facilities in the building or structure. For the purpose of this provision an alteration shall not be considered to extend to the remainder of the pre-existing wiring or electrical system.

D.    Plumbing systems. All premises containing dwellings or dwelling units shall be provided with one or more bathrooms equipped with a toilet, sink, and either a bathtub or shower. Where occupants of more than two dwellings or dwelling units share a bathroom, the premises shall contain at least two separate bathroom facilities which are conspicuously identified for male or female use, each of which shall be equipped with at least one toilet, sink and either a bathtub or shower. Additional bathrooms shall be provided for each gender at the rate of one for every additional ten persons of each gender. All indoor cooking areas must be provided with a sink separate and apart from any bathroom sink or lavatory. Each sink, lavatory, bathtub or shower shall be equipped with water from an approved water supply in amounts and pressure necessary for their normal operation and consisting of running cold water and running heated water provided through a properly regulated mixing valve. All plumbing systems are to be maintained safe and hazard-free and in a state of good repair. Every dwelling or dwelling unit shall have an adequate potable water supply. Every plumbing fixture, water and waste pipe, and gas connection shall be properly installed in accordance with the applicable City of Phoenix Construction Code and maintained in good and sanitary working condition so as to prevent structural deterioration or health hazards and are to be free from defects, leaks, and obstruction.

When a structure is equipped with a gas supply system, it must be maintained in a safe, hazard-free condition.

E.    Space and occupancy standards. The maximum occupancy of any dwelling unit shall not exceed the following requirement: For the first two occupants, there shall be at least two hundred fifty square feet of floorspace and there shall be at least one hundred fifty square feet of floorspace for every additional occupant thereafter, the floorspace to be calculated on the basis of gross dwelling unit area. Children under the age of thirteen years shall not be counted for the purpose of determining compliance with this provision.

F.    Interior surfaces and features. Every interior wall, door, cabinet, appurtenance, ceiling and floor shall be maintained in a safe and structurally sound condition, and every existing floor covering shall be maintained in safe condition. When paint is applied to interior surfaces, it must be lead-free.

G.    Interior sanitation. The interior of every building or structure shall be maintained free from any unsafe or unsanitary accumulation of garbage, food waste, waste or material generally considered useless, trash, rubbish, refuse or litter.

H.    Interior insect and rodent control. All buildings and structures shall be kept free from insect and rodent infestation. Such buildings and structures shall be free from the presence or apparent evidence of insects and rodent infestation, other noxious pests, nesting places, and any other unsightly or unsanitary accumulation which harbors rodents, insects, or any poison or germ carriers within the building or structure that present a hazard.

I.    [Major appliances.] All major appliances are to be maintained hazard free.

(Ord. No. G-3859, § 3; Ord. No. G-4079, § 4, passed 3-18-1998, eff. 4-18-1998; Ord. No. G-4107, § 1, passed 7-1-1998, eff. 7-31-1998; Ord. No. G-4266, § 3, passed 5-3-2000, eff. 6-2-2000; Ord. No. G-4446, § 3, passed 6-26-2002, eff. 7-26-2002; Ord. No. G-5353, § 2, adopted 4-29-2009, eff. 5-29-2009; new style in use as of 8-1-2011)

Date of Addition/Revision/Deletion - Section 39-5

+1    Addition on 3-18-2015 by Ordinance No. G-6008, eff. 4-17-2015