Chapter 15.08 HOUSING REHABILITATION STANDARDS

A. It is the intent of the property rehabilitation standards of the city, SMC 15.08.010 through 15.08.030, to specify comprehensive standards for the rehabilitation of residential property within the city. New structures or additions to existing structures which are not included in the city rehabilitation program shall comply with all pertinent standards relating to, but not limited to, electrical, plumbing, structural and zoning ordinances.

B. Rehabilitation standards set forth in this chapter shall apply to all existing residential properties. These standards are confined in their application to the individual properties within their respective property lines. The standards exclude improvements off site, except for the provision of streets for access and circulation, and for essential services and facilities (as per CBC, UHC and all applicable codes, city ordinances and regulations). (Ord. 1044 § 2 (Att. D), 2017; Ord. 796 § 1 (Exh. A), 1991)

15.08.020 Definitions.

Abbreviations, terms, phrases, and words and their derivatives used in these property rehabilitation standards shall have the meanings as set out in this section.

“Accessory building” means a secondary building, the use of which is incidental to that of the main building and which is located on the same plot.

“Addition” means any construction which increases the size of a building or adds to the building, such as a porch or an attached garage or carport.

“Alley” means a service way providing a secondary public means of access to abutting properties.

“Alteration” means construction which may change the floor plan, structural parts, mechanical equipment or location of openings but which does not increase the size of the building.

Area.

1. “Building area” means the total ground area of each building and accessory building but not including uncovered entrance platforms, terraces and steps.

2. “Floor area” means the area included within the surrounding exterior walls of a building, or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.

“Attic” means accessible space between top of uppermost ceiling and underside of roof. Inaccessible spaces are considered structural cavities.

“Basement” means that portion of a building between floor and ceiling, which is partly below and partly above grade, as defined in this chapter, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. (See “Story.”)

“Basementless space (crawl space)” means an unfinished accessible space below the first floor which is usually less than full story height.

“Bearing” means that portion of a beam, truss or other structural member that rests on the supports.

“Building line” means a line established by law or agreement usually parallel to the property line beyond which a structure may not extend. This generally does not apply to uncovered entrance platforms, terraces and steps.

“Carport” means a roofed space having at least two sides open to the weather, primarily designed or used for motor vehicles.

“Cellar” means that portion of a building between floor and ceiling which is wholly or partly below grade, as defined in this chapter, and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. (See “Story.”)

“Construction classifications” means a classification of buildings into types of construction which are based upon the fire resistance of walls, floors, roofs, ceilings and other elements as defined in the California Building Code.

“Court” means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.

Crawl Space. For the meaning of “crawl space,” see “basementless space (crawl space).”

“Dampproofing” means a treatment of a surface or structure which retards the passage of moisture or water. (Also “waterproofing.”)

“Driveway” means a private way for the use of vehicles and pedestrians.

“Dwelling” means a building designed or used as the living quarters for one or more families.

Dwelling, Detached. “Detached dwelling” means a dwelling which is completely surrounded by permanent open spaces.

Dwelling, End-Row. “End-row dwelling” means the same as semidetached dwelling.

Dwelling, Row. “Row dwelling” means a dwelling, the walls on two sides of which are party or lot-line walls.

Dwelling, Semidetached. “Semidetached dwelling” means a dwelling, one side wall of which is a party or lot-line wall.

“Easement” means a vested or acquired right to use land other than as a tenant, for a specific purpose, such right being held by someone other than the owner who holds title to the land.

“Fire door” means a door, including its frame, so constructed and assembled in place to prevent or retard passage of flame or hot gases.

“Fire resistance” means that property of construction assemblies which under fire conditions prevents or retards the passage of excessive heat, hot gases or flames.

“Fire resistance ratings” means the time in hours, or fractional parts thereof, that a material, construction or assembly will withstand fire exposure, as determined in a fire test in accordance with the California Building Code.

“Fire separation” means a construction of specified fire resistance separating parts of a building horizontally or vertically, as required.

“Firestopping” means a barrier within concealed spaces which is effective against spread of flames or hot gases.

“Flame resistant” means that property of a material which is flame resistant by nature or has been made so by an accepted method.

“Flame spread” means the propagation of flame over a surface.

“Flashing” means sheet metal or other impervious material used in roof and wall construction to protect a building from seepage of water or moisture.

“Foundation” means construction, below or partly below grade, which provides support for exterior walls or other structural parts of a building.

“Garage” means a building, or portion thereof, in which a motor vehicle containing gasoline, distillate or other volatile, flammable liquid in its tank is stored, repaired, or kept.

Garage, Attached. “Attached garage” means a garage having all or part of one or more walls common to the dwelling or to a covered porch or breezeway attached to the dwelling.

Garage, Built-in. “Built-in garage” means a garage located within the exterior walls of a dwelling.

Garage, Detached. “Detached garage” means a garage which is completely surrounded by open space; or a garage connected to the dwelling by an uncovered terrace.

Garage, Private. “Private garage” means a building, or a portion of a building, not more than one thousand square feet in area, in which only motor vehicles used by the tenants of the building or buildings on the premises are stored or kept.

Garage, Public. “Public garage” means any garage other than a private garage.

Grade, Finish. “Finish grade” means the top surface elevation of lawns, walks, drives, or other improved surfaces after completion of construction or grading operations.

“Gradient” means the slope or rate of increase or decrease in elevation of a surface, road or pipe, usually expressed in percent.

Habitable Room. For the meaning of “habitable room,” see subsection (1) under “Rooms.”

Height, Building. “Building height” has the meaning as defined in the California Building Code or zoning ordinance.

“Joist” means any of the parallel timbers that hold up the floor or the ceiling, or to provide with joists. Joist is not a beam or beams.

“Kitchen” means space used for cooking and preparation of food.

“Loads” has the meaning as defined in the California Building Code.

“Lot” means a parcel of land that is described by reference to a recorded plat or by metes and bounds.

Lot, Corner. “Corner lot” means a lot abutting upon two or more streets at their intersections.

“Lot coverage” means that percentage of the plot area covered by the building area.

Lot, Double-fronted. “Double-fronted lot” means an interior lot bounded by a street on front and back.

Lot, Interior. “Interior lot” means a lot bounded by a street on one side only.

“Lot line” means a line bounding a lot as described in the title to the property.

“Noncombustible” has the meaning as defined in the California Building Code.

“Rafters” means a series of framing members, spaced not more than thirty inches o.c. in roofs having slopes over 3:12. Members supporting roofs having slopes 3:12 or less are defined as roof joists.

“Rehabilitation” means the restoration of one or more dwellings to a satisfactory improved physical condition and which overcomes the deterioration of a property or properties, and aids in the improvement of its neighborhood.

“Repair” means to restore to a sound and acceptable state of operation, serviceability or appearance. Repairs shall be expected to last approximately as long as would the replacement by new items.

“Replace” means to remove an existing item or portion of a system and to construct or install a new item of similar or improved quality as the existing item when new. Replacement will ordinarily take place where the item is incapable of repair or where repair would be more costly.

Rooms.

1. “Habitable room” means a space used for living, sleeping, eating or cooking, or combinations thereof, but not including bathrooms, toilet compartments, closets, halls, storage rooms, laundry and utility rooms, basement rooms and similar spaces.

2. “Combined rooms” means two or more adjacent habitable spaces which by their relationship, planning and openness permit their common use.

“Shaft” means a vertical opening through a building for elevators, dumbwaiters, mechanical equipment, ventilation, or similar purposes.

“Space heater (room heater)” means a self-contained above-the-floor device for furnishing heated air, through openings in its casing, directly into the space in which the device is located or immediately adjacent to it. The device may be freestanding or recessed in a wall or partition.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six feet above grade as defined herein for more than fifty percent of the total perimeter, or is more than twelve feet above grade as defined herein at any point, such basement, cellar or unused under-floor space shall be considered as a story.

“Street” means a public or private way which affords principal means of vehicular access to properties which abut thereon.

Ventilation.

1. “Mechanical ventilation” means the supply and removal of air by power-driven devices.

2. “Natural ventilation” means ventilation by openings to outside air through windows, doors and other openings.

“Walls (bearing wall)” means a wall which supports any vertical load in addition to its own weight. (See California Building Code.) (Ord. 1044 § 2 (Att. D), 2017; Ord. 796 § 1 (Exh. A), 1991)

15.08.030 General acceptability criteria.

A. General. These general acceptability criteria apply to all existing living unit properties.

B. Local Codes and Regulations. The minimum standards set forth herein have been established to accomplish certain basic objectives for rehabilitation purposes and shall not be construed as relieving the property owner or his agent of responsibility for compliance with any other local ordinances, codes and regulations.

C. Service and Facilities.

1. Utilities shall be independent for each property without dependence upon other properties.

2. Independent facilities shall be provided for each living unit except that common facilities such as laundry and storage space or heating may be provided for each property upon the approval of the building official.

3. Each building and each living unit within the building shall contain provisions for each of the following:

a. A continuing supply of safe potable water;

b. Sanitary facilities and a safe method of sewage disposal;

c. Heating adequate for healthful and comfortable living conditions;

d. Domestic hot water;

e. Electricity for lighting and for electrical equipment used in the dwelling;

f. Provisions for the removal of trash and garbage and its sanitary storage pending removal.

D. Access.

1. Access to the Property. Each property shall be provided with vehicular access to and from the property at all times by an abutting public or private street. Private streets shall be protected by a permanent easement.

2. Access to the Building. Walks and steps shall be provided for all weather access to the building and constructed so as to provide safety and durability.

E. Dilapidated or Blighted Structures. All dilapidated portions of existing properties or blighted structures which are not economically repairable shall be removed. (Ord. 796 § 1 (Exh. A), 1991)

15.08.040 Site criteria.

A. Site Criteria. To rehabilitate the individual building so that obsolescence is overcome and the rehabilitation is appropriate and an asset to the neighborhood in which it is located. (UHC 102, 201-C, 502 and 1001-K and -L.)

B. Site Improvements. The open space of each property shall provide for:

a. The immediate diversion of water away from buildings and disposal from the lot;

b. Prevention of soil saturation detrimental to structures and lot use; and

c. Where needed, appropriate paved walks, parking areas, driveways, exterior steps and landscaping.

C. Objective. To assure a living unit which provides for a healthful environment and complete living facilities arranged and equipped for suitable and desirable living conditions commensurate with the type and quality of the property under consideration; and to provide each living unit with space necessary for suitable living, sleeping, cooking and dining accommodations, laundry and sanitary facilities.

D. Room Sizes. Variations to these areas and dimensions may be permitted when existing partitions or extensive structural alterations would be prohibitive in prescribing precise compliance (see Uniform Housing Code, Sections 201-A, -B and -C).

E. Attic. Attics and underfloor areas shall have proper access. (As per CBC.) (Ord. 1044 § 2 (Att. D), 2017; Ord. 796 § 1 (Exh. A), 1991)

15.08.050 Grading.

Any deficiencies in proper grading or paving adjacent to the building shall be corrected to assure surface drainage away from foundations or basement walls. (CBC Chapter 70.) (Ord. 1044 § 2 (Att. D), 2017; Ord. 796 § 1 (Exh. A), 1991)

15.08.060 Unacceptable conditions.

Conditions noted which are not acceptable in any property (as per city ordinances, codes and regulations):

A. Buildings in which adequate attic or roof and/or basementless space ventilation has not been provided to prevent conditions conducive to dampness, decay, fungi and/or insect infestation and deterioration of the structure;

B. Buildings constructed on wood mud sills resting directly on the ground;

C. Crawl space vents with vent bottom less than six inches above the finish grade. Minimum clearance between bottom of floor joists or bottom of floors without joists and the ground beneath shall be eighteen inches. Minimum clearance under girders shall be twelve inches;

D. Foundations with top of wall less than six inches above ground;

E. Wood, siding, floors, and/or door casings or sills in contact with ground or outside paving. (Ord. 796 § 1 (Exh. A), 1991)

15.08.070 Retaining walls.

A. Retaining walls shall be maintained in adequate repair. (As per California Building Code.)

B. Retaining walls must be provided where necessary to protect the structure and paved driveway and walks and prevent soil erosion.

C. Retaining walls must be provided where the finish grade adjoining a structure or property line exceeds a slope of one foot measured vertically or two feet measured horizontally (1:2 slope).

D. Retaining walls over four feet in height measured from the bottom of the footing shall require a building permit.

E. Property owners changing the grade adjoining the property line shall be responsible for the same.

F. Retaining walls over two feet in height shall be of masonry or concrete construction and shall be an approved engineered design. (Ord. 1070 § 2, 2019; Ord. 1044 § 2 (Att. D), 2017; Ord. 796 § 1 (Exh. A), 1991)

15.08.080 Standards for materials and products.

For specific requirements of new materials and products used as replacements or additions to dwellings being rehabilitated, reference shall be made to the applicable building codes as adopted by the city. (As per CBC standards.) (Ord. 1044 § 2 (Att. D), 2017; Ord. 796 § 1 (Exh. A), 1991)

15.08.090 Structural soundness.

All structural components of the dwelling shall be in sound condition and considered serviceable for the expected useful life of the rehabilitated building. (See California Building Code as adopted by the city.) (Ord. 1044 § 2 (Att. D), 2017; Ord. 796 § 1 (Exh. A), 1991)

15.08.100 Inspection for and correction of infestation or structural decay.

A. Inspection and Correction of Infestation. A careful inspection by qualified persons shall be made of each building and accessory structure on each property for evidence of actual or potential infestation or access channels. Existing buildings where found to have defects that will permit the entrance of rodents, termites or other vermin shall be corrected by appropriate preventive measures as directed by the rehabilitation counselor. All work will be in accordance with the California Building Code as adopted by the city. (Also, as per UHC Section 201-C.) (Ord. 1044 § 2 (Att. D), 2017; Ord. 796 § 1 (Exh. A), 1991)

15.08.110 Code compliance items.

The following items shall comply with all applicable codes, city ordinances and regulations:

A. Exterior and interior finishes;

B. Exterior appurtenances;

C. Foundations;

D. Exterior walls;

E. Siding materials;

F. Interior walls and ceilings;

G. Roof drainage;

H. Gutters, cornices and exterior details;

I. Chimneys;

J. Electrical wiring;

K. Electrical repairs;

L. Electrical equipment;

M. Plumbing;

N. Domestic water heating and storage;

O. Heating and ventilation – water heating;

P. Mechanical equipment. (Ord. 796 § 1 (Exh. A), 1991)

15.08.120 Kitchen countertops and cabinets.

A. Kitchen cabinets which show excessive wear or deterioration beyond repair shall be replaced. (UHC Sections 102 and 202.)

B. Countertop and backsplash shall be of durable and water-resistant approved materials. Where required, new sink and fittings properly connected to hot and cold water supply and waste lines shall be installed. (UHC Sections 102, 202 and 505.)

C. Cabinets or vanities which show excessive wear or deterioration shall be repaired or replaced. All alterations and/or repairs shall conform to that required for a new building or structure as per the UHC, CBC, CPC, CMC and CEC. (Ord. 1044 § 2 (Att. D), 2017; Ord. 796 § 1 (Exh. A), 1991)

15.08.130 Floors.

A. All subflooring (sheathing) which shows excessive wear and/or deterioration shall be replaced in accordance with CBC.

B. Finished Floors. Bathroom, toilet compartment and kitchen floors shall be provided with acceptable resilient floor covering materials over proper underlayments, and shall be of durable, waterproof, nonabsorbent material, such as asphalt, asbestos, vinyl-plastic, rubber, ceramic tile or linoleum. (UHC Sections 102 and 201.)

C. Wood floors in all other areas of the living unit which show excessive wear, shrinkage, cupping or other similar damage shall be replaced or covered with acceptable finished floor material properly installed. (UHC Sections 102 and 201.)

D. Finished floors and floor covering shall be appropriate to the use of the space, be in good condition, provide reasonable ease of maintenance, and an extended service life. (UHC Sections 102 and 201(a) and (c).)

E. All alterations and/or repairs shall conform to that required for a new building or structure as per the CBC. (Ord. 1044 § 2 (Att. D), 2017; Ord. 796 § 1 (Exh. A), 1991)

15.08.140 Windows, doors and other openings.

Existing windows and doors, including their hardware, shall operate satisfactorily and give evidence of continuing acceptable service. Defective glass or locking mechanisms shall be replaced or repaired to an acceptable weather-excluding operable condition and adequately protected with paint and flashing against further deterioration. (UHC Sections 102 and 504.) (Ord. 796 § 1 (Exh. A), 1991)

15.08.150 Porches, walks and steps.

All sagging, unsound, worn or deteriorating porches and steps shall be removed and replaced or rebuilt with suitable materials which will give adequate protection against wear, weather and decay. Wood porch floors which show excessive wear, shrinkage, cupping or other similar damage shall be replaced or covered with acceptable finish floor materials properly installed and protected from deterioration with paint or other acceptable finish. Where required, porch floors four or more risers above finish grade shall be provided with proper handrails in accordance with the California Building Code and protected from deterioration with paint or other acceptable finish. (As per CBC and UHC.) (Ord. 1044 § 2 (Att. D), 2017; Ord. 796 § 1 (Exh. A), 1991)

15.08.155 Roofing materials.

All new roofs, including roof deck, underlayment, interlayment, insulation and covering, installed on any structure in the city, or reroofs which replace twenty-five percent or more of an existing roof, must use Class A or Class B materials, as defined in the current edition of the California Building Code (CBC). Materials used for Class A or B roofs must conform to CBC requirements or be listed by an approved testing agency. All roof projections, plumbing vents and roof jacks visible from the ground level must be painted a blending color to match the roofing materials. (Ord. 1044 § 2 (Att. D), 2017; Ord. 823 § 1, 1993)

15.08.160 Fences and gates.

All wood fences which have missing pickets, boards, panels or which lean shall have missing parts replaced and be braced true upright. Damaged or decayed wood posts shall be replaced with suitable materials of appropriate design. All sagging gates shall be braced true and those dragging on the ground shall be rehung to clear and all missing necessary hardware replaced. All fences shall be limited to no higher than six feet above property elevation for side and rear yards and no higher than forty-eight inches above property elevation for front yards. The height and location of all new and/or replaced fences shall be verified through a permit process. Fence height shall be in accordance with the zoning ordinance. (Ord. 1044 § 2 (Att. D), 2017; Ord. 796 § 1 (Exh. A), 1991)

15.08.170 Landscaping.

A. All overgrown shrubs, trees, and plantings which are detrimental to the structure shall be removed. All debris, lumber and trash shall be removed. (UHC Sections 201-C and 1001-K.)

B. Covered parking spaces (garage, carport or combination thereof) shall be provided in accordance with the zoning ordinance. (Ord. 796 § 1 (Exh. A), 1991)

15.08.180 Painting and weather protection.

A. Where necessary, a protective and decorative finish coating shall be provided to maintain adequate resistance to weathering, and protection of finish surfaces from moisture or corrosion, and reasonable durability. Untreated (raw wood) shall not be permitted on structures when exposed to weather, unless the product contains weather resistive properties such as redwood, cedar or pressure treated. (UHC Sections 102 and 201-C.)

B. Where painted surfaces are in good condition and it is apparent that painting maintenance has taken place and the property is between such painting periods, and where the rehabilitation will not disturb that part of the building, painting is not required. (Ord. 1044 § 2 (Att. D), 2017; Ord. 796 § 1 (Exh. A), 1991)

15.08.190 Lead-based paint.

A. Applicable Statutes and Regulations. Applicable statutes and regulations are the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801, et seq.) and HUD Lead-Based Paint Regulations, 24 C.F.R. Part 35.

B. Requirements. Rehabilitation financed in whole or in part by a Section 312 loan must comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801) and 24 C.F.R. Part 35, as amended. The LPA must ensure that immediate lead-based paint hazards are identified and treated as part of the required work under an approved Section 312 loan. Specifically, the applicable lead-based paint rules require:

1. That the treatment of identified immediate lead-based paint hazards in residential structures will be in accordance with 24 C.F.R. 35.24(b)(3);

2. That the LPA notify all owners and tenants of pre-1950 residential structures of the possible existence and potential hazards of lead-based paint poisoning, and of the precautions to be taken to avoid lead-based paint poisoning;

3. That the borrower’s agreement to comply with this section will be a condition of receiving a Section 312 loan. The locality is responsible for identifying and assuring the treatment of immediate lead-based paint hazards as part of the required work under an approved Section 312 loan.

C. Rehabilitation Contract – Lead-Based Paint Requirements. The LPA must require that all rehabilitation contracts and subcontracts between contractors and the borrowers, and all self-help agreements, include provisions for work necessary to eliminate existing lead-based paint hazards on applicable surfaces and for the prohibition of the use of lead-based paint on applicable surfaces, as required by the department’s final lead-based paint regulations. The construction contract between the contractor and the borrower or, if applicable, the self-help agreement between LPA and the borrower must contain the necessary provisions.

D. Information Available. Brochures on the hazards of lead-based paint and methods for eliminating such hazards are available from the HUD Field Office for distribution to applicants. (Ord. 796 § 1 (Exh. A), 1991)

15.08.200 Asbestos.

A. Applicable Statutes and Regulations. The applicable federal regulations are United States Environmental Protection Agency (USEPA) Standards for Hazardous Air Pollutants (NESHAPS); Asbestos Regulation (40 C.F.R. 61, Subpart M); and the U.S. Department of Labor Occupational Health and Safety (OSHA) Asbestos Regulations (29 C.F.R. 1910.1001). In addition, state and local authorities may have asbestos regulations and codes.

B. Requirements.

1. Federal.

a. OSHA. OSHA regulations apply to all private sector workplaces where there is an employee/employer relationship (for example, between a contractor and his workers), where asbestos is present.

b. USEPA. USEPA standards and NESHAPS regulations apply to all commercial, institutional and industrial structures, and residential properties of five or more units. EPC regulations and standards apply in two cases:

i. Renovation, where two hundred sixty linear feet of pipe wrap or one hundred sixty square feet of asbestos materials from other surfaces are to be removed from the premises; and

ii. Demolition, where any asbestos is to be removed. “Demolition” is defined as the wrecking or taking out of any load supporting structural member of a facility together with any related handling operations. In such cases, EPA must be notified immediately and removal regulations apply.

2. State and Local. States, counties and cities may also have asbestos regulations and codes. These codes may be different or more stringent than the federal regulations, and the LPA should also check with the various appropriate local and state authorities regarding rules and regulations relative to the identification and removal of such asbestos materials.

C. Identification of Asbestos and LPA Training. Asbestos is found frequently in older buildings which are to undergo rehabilitation. The LPA should provide training to its personnel in the identification and hazards of asbestos, and/or the LPA should obtain an independent inspection if asbestos is suspected. The cost of such and independent inspection is an eligible loan cost.

D. Notification to Borrowers. Where asbestos materials are identified by LPA personnel, or LPA personnel suspect the presence of asbestos materials, they should so notify the borrower and inform the borrower of the potential hazards, of the borrower’s responsibilities, and of the responsibilities of the contractor. Care should be taken that only qualified contractors experienced in asbestos removal be allowed to work on the project.

E. LPA Contract with OSHA and EPA. The LPA should contact the regional OSHA Office and the regional EPA Office for complete information regarding OSHA and EPA standards and regulations and requirements with regard to asbestos.

F. Information and Guidance. The Environmental Protection Agency publication, Guidance for Controlling Asbestos-Containing Materials in Buildings, contains the USEPA standards, NESHAPS regulations and OSHA regulations, and lists the regional NESHAPS contacts and regional asbestos coordinators. The document also contains a checklist for hiring experienced contractors, and contains information on asbestos. Copies are available from the Office of Pesticides and Toxic Substances, U.S. Environmental Protection Agency, Washington, D.C. 20460. The OSHA publication, No. 3040, Health Hazards of Asbestos, provides a summary of OSHA regulations and requirements. The EPA publication, Asbestos Fact Book, is a useful booklet for public distribution. Copies can be secured from the Office of Public Affairs (A-107), Environmental Protection Agency, Washington, D.C. 20460. Tel: (800) 424-9065 or (202) 554-1404. (Ord. 796 § 1 (Exh. A), 1991)

15.08.210 Accessibility standards.

A. Applicable Statutes and Regulations. The applicable statute and regulations are the Architectural Barriers Act of 1968 (42 U.S.C. 4151 and 24 C.F.R. Part 41).

B. Requirements. The Architectural Barriers Act of 1968 (42 U.S.C. 4151) requires that certain buildings financed with federal funds be designed and constructed so as to be accessible to persons with disabilities. Since Section 312 loans are made only on privately owned properties, only nonresidential and the nonresidential portions of mixed-use properties assisted under Section 312 are directly subject to Architectural Barriers Act requirements.

C. Information. For further information contact the HUD Field Office Rehabilitation Management Specialist. (Ord. 1044 § 2 (Att. D), 2017; Ord. 796 § 1 (Exh. A), 1991)

15.08.220 Cost effective energy standards.

A. Applicable Statutes and Regulations. The applicable statutes and regulations are Section 312(i) of the Housing and Urban Development Act of 1964, as amended in 1978 (42 U.S.C. 1452b) and 24 C.F.R. 39, Cost Effective Energy Conservation and Efficiency Standards for Rehabilitation of Residential Properties (42 U.S.C. 1425b), et seq., Pub. L. 95-557.

B. Requirements. Residential rehabilitation work financed by a Section 312 loan must meet the cost effective energy conservation and efficiency standards. In determining the kind and extent of energy conservation measures required for any particular property or element, the LPA should, as a general rule, follow a common sense cost effectiveness approach. At a minimum, caulking and weatherstripping of all openings to the exterior must be accomplished. For mid-rise, high-rise and many low-rise multifamily projects, an energy audit must be carried out to identify and specify the energy and cost savings which are estimated to result from installing energy conservation measures. The energy audit can be completed by trained LPA staff or a private firm, in which case the fee for the service is an eligible loan cost.

C. Additional Information. The implementation of cost effective energy conservation and efficiency measures is discussed in detail in the publication entitled Applying the Cost Effective Energy Standards in Rehabilitation, Office of Urban Rehabilitation, Community Planning and Development, HUD. Copies are available from the Field Area Office. (Ord. 796 § 1 (Exh. A), 1991)

15.08.380 Smoke detectors.

All residential construction work which exceeds one thousand dollars, materials and labor, requires the installation of approved smoke detectors in each bedroom of the structure. (Ord. 823 § 2, 1993)