Apartment Conditions and Repairs – FAQ

NOTE: If your landlord lives in your building, see the “Exceptions” note on the right side of this page.

What is my landlord responsible for?
Your landlord has a duty to keep your apartment in good shape and make all necessary repairs. If she fails to do this, you may be able to:

  • Make the repairs yourself and deduct their cost from your rent;
  • Withhold a portion of your rent;
  • Sue your landlord; or
  • Terminate your lease agreement. This pamphlet explains when and how you can do these things.

What must my landlord do to maintain the condition of my apartment?
Keep your toilet, bathtub, shower, and bathroom sink in good working order;

  • Keep your furnace and boiler in good working order;
  • Keep your windows weatherproof;
  • Keep your floors, walls and ceilings in good repair;
  • Keep your plumbing fixtures in good repair;
  • Keep your electrical outlets safe and operable;
  • Prevent the accumulation of stagnant water;
  • Keep all of the appliances he supplies in good working order;
  • Maintain the building is foundation, exterior walls, and roof in good and watertight condition;
  • Provide adequate hall and stairway lighting; Keep all stairways and porches in a safe and sound condition;
  • Provide trash containers;
  • Protect you against rodents and insects by exterminating; and
  • Comply with all other requirements of Chicago’s Municipal Code.

If my landlord doesn’t make necessary repairs, can I use my rent to pay for these repairs?

Yes, but only if the repair will not cost more than $500 or one-half of your rent (which ever is greater). Using your rent money to make necessary repairs is called “repairing and deducting.”

How do I “repair and deduct?”
First you must give your landlord a written notice stating that, unless she makes the necessary repairs within 14 days, you will make them yourself and deduct their cost from your rent. Keep a copy of the notice. If your landlord doesn’t make the necessary repairs within 14 days of receiving the notice, you can make the repairs or pay someone else to do it. After giving your landlord paid receipts to confirm the cost of repair, you can deduct this cost from your rent. See sample letter here.

What if I want to repair a problem in a common area, such as a stairway or hallway?
You must first give all of the other tenants written notice of your plan to make the repair.

If my landlord doesn’t make necessary repairs, can I withhold a portion of my rent?
Yes, but first give your landlord a written notice stating that, unless she makes the necessary repairs within 14 days, you will withhold a certain portion of your monthly rent payments. NOTE: You cannot withhold a portion of your rent and “repair and deduct” in the same month.

If I decide to withhold a portion of my rent, exactly how much should I withhold?
The amount you withhold must reasonably reflect the reduced value of your apartment. Be conservative. You cannot withhold all your rent unless your apartment is in such bad shape that you must move, and you can rarely withhold as much as 50%. If you withhold too much, your landlord may be able to evict you for nonpayment of rent. To be safe, consult with an attorney. See “rent reduction” sample letter here.

Can I terminate my lease because my landlord has failed to make necessary repairs?
Yes, but only in very serious cases. Consult with an attorney first.

How can I terminate my lease?
First, you must provide your landlord with written notice that you will terminate your lease in no less than 14 days unless he makes whatever repairs are necessary. If she does not correct the problem within 14 days of receiving this notice, you may terminate your lease agreement. If you terminate the lease, you must move within the next 30 days otherwise your lease will remain in effect. See sample letter here.

If my landlord doesn’t make necessary repairs, can I sue him/her?
Yes, but consult with an attorney first.

Can I make my landlord pay for the cost of repairing a problem I caused?
No.

What if my landlord fails to provide me with an essential service (such as heat, electricity, or running water)?
See the page entitled Heat & Other Essential Services.

Does my landlord have to repaint my apartment?
Not unless the paint is cracking or peeling.

Can I sue my landlord if my property is damaged in her apartment?
Only if the property was damaged as a result of your landlord’s negligence.

Please Note: This information, published by the Legal Assistance Foundation of Chicago and the Metropolitan Tenants Organization as a public service, gives you only a general idea of your rights and responsibilities under the Residential Landlord and Tenant Ordinance and other relevant chapters of Chicago’s Municipal Code. It is meant to inform, but not to advise. Before enforcing your rights, you may want to seek the advice of an attorney who can analyze the facts of your case and apply the law to these facts.

Still can’t find the answer? Send us your questions. Please allow several days for a response.

Chapter 18-27 Chicago Electrical Code

This provides excerpts of Chap 18-27 as it relates to tenants’ access to their fuse box. The Municipal Code of Chicago requires that either tenants have direct 24 hour open access to the circuit breaker/fuse box, or the management provides the same 24 hour access with their on-duty personnel.

18-27-225.35  Access to occupants.

In a multiple-occupancy building, each occupant shall have access to the occupant’s supply disconnecting means.

Exception: In a multiple-occupancy building where electric supply and electrical maintenance are provided by the building management and where these are under continuous building management supervision, the supply disconnecting means supplying more than one occupancy shall be permitted to be accessible to authorized management personnel only.

(Added Coun. J. 11-3-99, p. 13842, § 5)

18-27-230.70  General.

Means shall be provided to disconnect all conductors in a building or other structure from the service-entrance conductors.

(a)     Location. The service disconnecting means shall be installed at a readily accessible location in the basement or first floor area of a building or structure, within the main wall, at a point not exceeding 5 ft (1.92 m) from the point of entry. When the distance of the service raceway needs to exceed 5 ft (1.92 m) from the point of entry into the building, the service raceway shall conform to the requirements of Section 18-27-230.6.

Exception: For the purposes of this section, readily accessible locations include dedicated electrical rooms, meeting the following conditions:

(1)     Access to room either from inside or outside the building shall be provided for all occupants;

(2)     Rooms shall have a secure, locking-type door(s) that prohibits access to persons other than tenants and/or occupants of the building.

(3)     Rooms shall be of the same construction as the building;

(4)     Rooms shall be for the exclusive use of the electrical service metering and distribution equipment;

(5)     A panelboard with main and branch circuit protection shall be provided within the interior of each unit or space being served;

(6)     A wall switch controlled lighting outlet shall be provided for illumination in all such electrical rooms.

Service disconnecting means shall not be installed in bathrooms.

In high rise buildings or similar buildings, the disconnecting means for the multiple services recognized by Section 18-27-230.2(b)(2) shall be located in a dedicated fire-rated room as near as practical to the serving utility vault. The rooms for the “Main” service disconnecting means which serve the building common element loads shall have a three-hour fire rating. The electrical service rooms for tenant loads shall have a 2-hour minimum fire rating. These rooms shall be for the exclusive use of electrical equipment. Separate service disconnecting means shall be required for each tenant floor. These disconnects shall be permitted to be located on a floor other than the floor served. Where more than one service is permitted to serve one floor, the various disconnecting means and their locations shall be prominently identified as required by Section 18-27-230.2(e). All such rooms shall comply with Section 18-27-110.26.

(b)     Marking. Each service disconnect shall be permanently marked to identify it as a service disconnect.

(c)     Suitable for Use. Each service disconnecting means shall be suitable for the prevailing conditions. Service equipment installed in hazardous (classified) locations shall comply with the requirements of Articles 500 through 517.

(Added Coun. J. 11-3-99, p. 13842, § 5; Amend Coun. J. 1-10-01, p. 50262, § 1)

18-27-230.92  Locked service overcurrent devices.

Where the service overcurrent devices are locked or sealed, or not readily accessible to the occupant, branch- circuit overcurrent devices shall be installed on the load side, shall be mounted in a readily accessible location, and shall be of lower ampere rating than the service overcurrent device.

(Added Coun. J. 11-3-99, p. 13842, § 5)

Chicago Building Code: Title 13 Chapter 196

Chicago Building Code: Title 13 Chapter 196 Existing Buildings – Minimum Requirements

13-196-010 Application.

13-196-020 Occupancy.

13-196-030 Structural stability.

13-196-031 Maintenance of exterior walls and enclosures – Definitions.

13-196-032 Maintenance of exterior walls and enclosures – Application.

13-196-033 Maintenance of exterior walls and enclosures – Maintenance and reporting required.

13-196-034 Maintenance of exterior walls and enclosures – Critical examination program.

13-196-035 Ongoing inspection and repair program.

13-196-036 Maintenance of exterior walls and enclosures – Unsafe exterior walls and enclosures.

13-196-036.5 Maintenance of exterior walls and enclosures – Reports to the commissioner.

13-196-037 Ongoing inspection and repair program.

13-196-038 Fines and penalties.

13-196-038.5 Rules and regulations.

13-196-040 Floor loading.

13-196-050 Exit requirements.

13-196-060 Exits – Generally.

13-196-070 Exits – Types.

13-196-080 Passageways and exits to be unobstructed.

13-196-084 Stairwell re-entry in existing buildings.

13-196-085 Stairwell identification.

13-196-086 Area of rescue assistance identification.

13-196-090 Exit, stairway, fire escape and directional signs.

13-196-100 Smoke detectors – Where required.

13-196-110 Smoke detectors – Installation near sleeping rooms and in living levels.

13-196-120 Smoke detectors – Interior stairwell installation.

13-196-130 Smoke detectors – Standards.

13-196-140 Smoke detectors – Owner/tenant responsibilities.

13-196-150 Smoke detectors – Unlawful acts.

13-196-160 Smoke detectors – Multifamily and single-family installation – When.

13-196-165 Carbon monoxide detectors.

13-196-170 Self-closing devices required for corridor doors.

13-196-180 Sprinkler systems – Where required.

13-196-190 Standpipe systems – Where required.

13-196-200 Standard fire alarm system requirements.

13-196-203 Life safety data sheet – Required.

13-196-204 Voice communication systems in existing buildings.

13-196-205 Automatic sprinkler system installation in existing high-rise buildings.

13-196-206 Life safety evaluation of existing high-rise buildings.

13-196-207 Materials and installation standards for retrofit fire protection systems.

13-196-208 Smokeproof towers in existing high- rise buildings – Fire shields.

13-196-209 High-rise buildings – Stairways – Doors – Frames.

13-196-210 High rise fire systems.

13-196-220 Class II standard fire alarm systems.

13-196-230 Floor area and height.

13-196-240 Automatic fire detectors – Where required.

13-196-250 Permitted omission of sprinklers, heat and smoke detectors.

13-196-260 Fire extinguishers.

13-196-270 Elevator recall.

13-196-280 Reserved.

13-196-290 Pre-ordinance hotels.

13-196-300 Institutional units.

13-196-310 Roominghouses.

13-196-320 Roominghouses – Sanitary facilities.

13-196-330 Roominghouses – Responsibility of operator.

13-196-340 Minimum requirements for residential buildings – General.

13-196-350 Residential buildings – Water closet.

13-196-360 Residential buildings – Lavatory.

13-196-370 Residential buildings – Bathtub or shower.

13-196-380 Residential buildings – Limitations on sharing sanitary facilities.

13-196-390 Residential buildings – Kitchen sink.

13-196-400 Residential buildings – Heating facilities.

13-196-410 Residential buildings – Heat to be furnished.

13-196-420 Residential buildings – Cold and hot water lines.

13-196-430 Residential buildings – Hot water to be furnished.

13-196-440 Gas-fired appliances.

13-196-450 Residential buildings – Hall and stairway lighting.

13-196-460 Residential buildings – Storage beneath stairways.

13-196-470 Residential buildings – Space, use and location – Applicability of provisions.

13-196-480 Residential buildings – Space requirements.

13-196-490 Residential buildings – Space requirements – Sleeping rooms.

13-196-500 Residential buildings – Access to water closets.

13-196-510 Residential buildings – Ceiling heights.

13-196-520 Residential buildings – Basement units.

13-196-530 Residential buildings – Foundations, exterior walls and roofs – Maintenance.

13-196-540 Residential buildings – Floors, interior walls and ceilings – Maintenance.

13-196-550 Residential buildings – Windows, doors and hatchways – Maintenance.

13-196-560 Residential buildings – Screens.

13-196-570 Residential buildings – Stairways and porches – Maintenance.

13-196-580 Residential buildings – Basements and cellars – Maintenance.

13-196-590 Residential buildings – Facilities, equipment, chimneys – Maintenance.

13-196-600 Residential buildings – Lot grading and drainage.

13-196-610 Residential buildings – Responsibilities of owners and occupants – General.

13-196-620 Residential buildings – Responsibilities of occupants.

13-196-630 Residential buildings – Responsibilities of owner or operator.

13-196-640 Residential buildings – Liability to city.

13-196-641 Application of certain sections.

13-196-650 Pre-ordinance conversion to existing buildings – Applicability.

13-196-660 Conversion of pre-ordinance buildings – Height limits.

13-196-670 Stairwells.

13-196-680 Corridors.

13-196-690 Dwelling separations.

13-196-700 Partitions.

13-196-710 Basement ceiling construction.

13-196-720 Heating plants.

13-196-730 Light and ventilation.

13-196-740 One additional dwelling unit over original allowed – Conditions.

13-196-750 Heat required.

13-196-760 Endangering health of employees.

13-196-010  Application.

Every existing building shall comply with the code requirements in force and applicable to such building, at the time of its construction or alteration, and shall also comply with such provisions of this chapter which are specifically made applicable to all existing buildings. However, nothing in this chapter shall be interpreted to prevent the application of the Chicago Zoning Ordinance, Title 17 of this Code.

(Prior code § 78-1)

13-196-020  Occupancy.

No person shall occupy as an owner-occupant, or shall let or hold out to another for occupancy, any building which does not comply with the requirements of this chapter.

(Prior code § 78-2)

13-196-030  Structural stability.

If there is any doubt as to the structural stability of any building or structure, or parts thereof, the building commissioner may request such building or structure, or parts thereof, to be critically examined by a licensed architect or registered structural engineer employed by such owner, agent or person in charge, possession or control of any such building, structure, or part thereof.

Said licensed architect or registered structural engineer shall render a report in writing, showing the structural condition of the building, structure or part thereof. Two copies of the report shall in turn be submitted to the building commissioner. One copy of said report shall, if satisfactory, be retained by the building commissioner, and one be returned to the owner, agent or person in charge, possession or control of said building, structure or parts thereof, bearing a stamp of approval signed by said building commissioner.

(Prior code § 78-3; Amend Coun. J. 9-13-89, p. 4604)

13-196-031  Maintenance of exterior walls and enclosures – Definitions.

These terms shall have the following meanings when used in Sections 13-196-031 through 13-196-036, which sections shall be known as the minimum requirements for maintenance of exterior walls and enclosures, as further clarified by such rules and regulations promulgated by the commissioner of buildings pursuant to Section 13-196-037:

“Critical examination” shall mean a close-up visual examination of the condition of all elevations of the exterior walls and enclosure. For buildings constructed of material other than terra cotta, the examination may be satisfied by scaffolding utilizing alternate drops to cover at least 50 percent of the area of each elevation, and including all corners of the building. For buildings constructed of terra cotta material, the examination shall cover the entire area of all elevations. All examinations shall be performed by or under the direct supervision of a professional employed by the owner/agent for the purpose of determining if remedial work is required.

“Ongoing inspection and repair” shall mean a program of bi-annual inspections by a professional retained by the owner/agent, with accompanying report by the professional to the commissioner of buildings and repair work by the owner/agent as necessary.

“Ornamental Piece” shall mean any terra cotta, stone or other decorative addition to a building defined in Section 13-196-032 that is primarily secured to the substrate by a metal fastener.*

“Owner/agent” shall mean the owner, agent or person in charge, possession or control of the building.

“Professional” shall mean an Illinois licensed architect or Illinois licensed structural engineer.

(Added Coun. J. 7-31-02, p. 91358, § 1; Amend Coun. J. 9-4-02, p. 92710, § 1)

13-196-032  Maintenance of exterior walls and enclosures – Application.

Exterior walls and enclosures and parts thereof of buildings that are 80 feet or more in height above grade, shall comply with Sections 13-196-033 to 13-196-036.

(Added Coun. J. 7-31-02, p. 91358, § 1; Amend Coun. J. 9-4-02, p. 92714, § 1)

13-196-033  Maintenance of exterior walls and enclosures – Maintenance and reporting required.*

It shall be the owner/agent’s duty to maintain the building’s exterior walls and enclosures in a safe condition and to provide periodic reports to the commissioner of buildings. In furtherance of that requirement:

(a)     the owner/agent shall: 1) arrange for periodic critical examinations at four year intervals or at longer intervals otherwise designated in rules and regulations promulgated by the commissioner of buildings pursuant to 13-196-038.5 and 2) establish an ongoing inspection and repair program at two year intervals for each of the intervening years.

(b)     The owner/agent of buildings constructed substantially of brick, shall: (1) arrange for periodic critical examinations at four year intervals, or at longer intervals otherwise established by the commissioner, of the ornamental pieces and the parapet wall; (2) arrange for critical examinations at four year intervals or at longer intervals otherwise established by the commissioner, of the lentils, which may be satisfied by scaffolding utilizing one drop per elevation; and (3) establish an ongoing inspection and repair program at two year intervals for the remainder of the exterior walls and enclosures of the building during the intervening years.

When the report indicates that repair or remedial work is necessary, the report shall include a proposed schedule for completion of such work.

(Added Coun. J. 7-31-02, p. 91358, § 1; Amend Coun. J. 9-4-02, p. 92710, § 1)

13-196-034  Maintenance of exterior walls and enclosures – Critical examination program.*

(a)     The initial critical examination shall be submitted for all buildings constructed prior to January 1, 1950, by December 1, 2003, and on all buildings constructed on or after January 1, 1950, by December 1, 2004. The initial critical examination for newly constructed buildings shall be submitted no later than December 1 of the fourth year following completion of the construction.

(b)     Following the initial critical examination, the exterior walls and enclosures and parts thereof on all buildings shall be subsequently critically examined and a report submitted at least once every four years no later than November 1 of the fourth year following the previous examination unless otherwise designated in rules and regulations promulgated by the commissioner of buildings pursuant to Section 13-196-038.5 of this code. Any building which cannot be categorized according to the information contained in a previously submitted critical examination report shall be required to supplement such report with a certification by a professional as to which category the building belongs.

(c)     The critical examination shall include a review of all previous reports.

(d)     The professional shall prepare a report in writing on the critical examination, describing the condition of the exterior walls and enclosures on the building and including a record of the components and cladding including, without limitation, any broken glass and loose or missing glazing components; loose masonry, concrete, EIFS, metal, stone or terra cotta; and all significant deterioration and displacement observed. Additionally, the report shall indicate any imminently dangerous conditions. If any remedial work is recommended the report shall indicate the nature and urgency of such work.

(Added Coun. J. 7-31-02, p. 91358, § 1; Amend Coun. J. 9-4-02, p. 92710, § 1)

13-196-035  Ongoing inspection and repair program.*

(a)     The ongoing inspection and repair program shall provide inspection, reporting and preventive maintenance of the exterior walls and enclosures and parts thereof.

(b)     No later than November 1 of every other calendar year, the professional employed by the owner/agent shall prepare a report in writing on the ongoing inspection and repair program, describing the condition of the exterior walls and enclosures and parts thereof on the building and on any inspections, surveys or repair work performed or to be performed on the exterior walls and enclosures.

(Amend Coun. J. 7-31-02, p. 91358, § 1)

13-196-036  Maintenance of exterior walls and enclosures – Unsafe exterior walls and enclosures.

Every exterior wall and enclosure and parts thereof found to be in an unsafe condition shall be subject to notice by the commissioner of buildings to the owner/agent to take appropriate precautionary measures and effect such repairs or reinforcements in a timely manner as will bring the building exterior walls and enclosures and parts thereof into a safe condition. The owner/agent of any building which constitutes an imminent danger and hazard to the public shall take immediate action to have a critical examination performed upon such building and provide the ensuing report to the department of buildings. Additionally, the owner/agent shall promptly begin and complete the removal, reinforcement and/or permanent repairs necessary to make the premises conform to the building provisions of this code, and provide structurally safe conditions. Any costs incurred by any department of the city in taking emergency actions due to the dangerous and hazardous condition of an unsafe exterior wall, including, but not limited to: closure of vehicular traffic in a public street, rerouting of pedestrian traffic on a public sidewalk; erection or installation of partitions, canopies, sidewalk sheds, barricades, scaffolding or netting, shall be a debt due and owing to the city and recoverable from the owner/agent of such building.

(Added Coun. J. 7-31-02, p. 91358, § 1)

13-196-036.5  Maintenance of exterior walls and enclosures – Reports to the commissioner.

The owner/agent shall submit to the commissioner of buildings two copies of the report required under Section 12-196-034 or 12-196-035. The report shall bear the professional’s seal and signature. If acceptable, one copy of the report shall be returned to the owner/agent, bearing a stamp indicating acceptance by the commissioner of buildings. The owner/agent shall maintain such reports in a permanent building file for future reference. The fee for examination of reports shall be $10.00 per report. However, reports requiring extensive review of technical information by licensed professionals within the department of buildings shall be examined for a fee of $200.00. All reports shall identify any persons or entities involved in the preparation of completion of the examination and report under both the critical examination program and the ongoing inspection and repair program. All reports shall also include as exhibits or attachments any and all documents, notes, summaries, memoranda, letters or ancillary reports submitted by the professional to the owner of buildings subject to these requirements

(Added Coun. J. 1-1-96, p. 14639; Amend. 8-30-00, p. 39656)

13-196-038  Fines and penalties.

Any violation of or interference with the enforcement of any provision of Section 13-196-031 through and including Section 13-196-037, and of Sections 13-196-204 through and including 13-196-209, shall be punishable by a fine of not less than $500.00 and not more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense for which a fine as herein provided shall be imposed.

(Added Coun. J. 7-31-02, p. 91358, § 1; Amend Coun. J. 12-15-04, p. 39962, § 10)

13-196-032  Maintenance of exterior walls and enclosures – Application.

Exterior walls and enclosures and parts thereof of buildings that are 80 feet or more in height above grade, shall comply with Sections 13-196-033 to 13-196-036.

13-196-033  Maintenance of exterior walls and enclosures – Maintenance and reporting required.

It shall be the owner / agent’s duty to maintain the building’s exterior walls and enclosures in a safe condition and to provide periodic reports to the commissioner of buildings. In furtherance of that requirement:

(a)     The owner / agent shall: (1) arrange for periodic critical examinations at four year intervals or at longer intervals otherwise established by the commissioner and (2) establish an ongoing inspection and repair program at two year intervals during the intervening years.

(b)     The owner / agent of buildings constructed substantially of brick, shall: (1) arrange for periodic critical examinations at four year intervals, or at longer intervals otherwise established by the commissioner, of the ornamental pieces and the parapet wall; (2) arrange for critical examinations at four year intervals, or at longer intervals otherwise established by the commissioner, of the lentils, which may be satisfied by scaffolding utilizing one drop per elevation; and (3) establish an ongoing inspection and repair program at two year intervals for the remainder of the exterior walls and enclosures of the building during the intervening years.

When the report indicates that repair or remedial work is necessary, the report shall include a proposed schedule for completion of such work.

13-196-034  Maintenance of exterior walls and enclosures – Critical examination program.

(a)     The initial critical examination shall be submitted for all buildings constructed prior to January 1, 1950, by November 1, 2003, and on all buildings constructed on or after January 1, 1950 by December 31, 2004.

(b)     Following the initial critical examination, the exterior walls and enclosures and parts thereof on all buildings shall be subsequently critically examined and a report submitted at least once every four years no later than November 1 of the fourth year following the previous examination unless otherwise extended by the commissioner of buildings pursuant to Section 13-196-033 of this code.

(c)     The critical examination shall include a review of all previous reports.

(d)     The professional shall prepare a report in writing on the critical examination, describing the condition of the exterior walls and enclosures on the building and including a record of the components and cladding including, without limitation, any broken glass and loose or missing glazing components; loose masonry, concrete, EIFS, metal, stone or terra cotta; and all significant deterioration and displacement observed. Additionally, the report shall indicate any imminently dangerous conditions. If any remedial work is recommended the report shall indicate the nature and urgency of such work.

13-196-035  Maintenance and reporting required.

It shall be the owner / agent’s duty to maintain the building’s exterior walls and enclosures in a safe condition and provide periodic reports to the commissioner of buildings. In furtherance of that requirement, the owner / agent shall: 1) arrange for periodic critical examinations at four intervals and 2) establish an ongoing inspection and repair program at two year intervals for each of the intervening years. When the report indicates that repair or remedial work is necessary, the report shall include a proposed schedule for completion of such work. Provided, however, that the due date for the next critical examination may be extended by the commissioner of buildings for a period not longer than three years based upon the extent and durability of such repairs.

13-196-036  Maintenance of exterior walls and enclosures – Unsafe exterior walls and enclosures.

(a)     Every exterior wall and enclosure and parts thereof found to be in a unsafe condition shall be subject to notice by the commissioner of buildings to the owner / agent to take appropriate precautionary measures and effect such repairs or reinforcements in a timely manner as will bring the building exterior walls and enclosures and parts thereof into a safe condition. The owner / agent of any building which constitutes an imminent danger and hazard to the public shall take immediate action to have a critical examination performed upon such building and provide the ensuing report to the department of buildings. Additionally, the owner / agent shall promptly begin and complete the removal, reinforcement and / or permanent repairs necessary to make the premises conform to the building provisions of this code, and provide structurally safe conditions. Any costs incurred by any department of the city in taking emergency actions due to the dangerous and hazardous condition of an unsafe exterior wall, including, but not limited to: closure of vehicular traffic in a public street, rerouting of pedestrian traffic on a public sidewalk; erection or installation of partitions, canopies, sidewalk sheds, barricades, scaffolding or netting, shall be a debt due and owing to the city and recoverable from the owner / agent of such building.

13-196-037  Ongoing inspection and repair program.

(a)     The ongoing inspection and repair program shall provide inspection, reporting and preventive maintenance of the exterior walls and enclosures and parts thereof.

(b)     No later than November 1 of every other calendar year, the professional employed by owner / agent shall prepare a report in writing of the ongoing inspection and repair program, describing the condition of the exterior walls and enclosures and parts thereof on the building and on any inspections, surveys or repair work performed or to be performed on the exterior walls and enclosures.

13-196-038  Fines and penalties

Any violation of or interference with the enforcement of any provisions of Section 13-196-031 through and including Section 13-196-037 shall be punishable by fine of not less than $500.00 and not more than $1,000.00. Each day that such violation shall continue shall constitute a separate and distinct offense for which a fine as herein provided shall be imposed.

13-196-038.5  Rules and regulations.

The commissioner of buildings may issue rules and regulations for the administration and enforcement of the minimum requirements for maintenance of exterior walls and enclosures. Any person violating such rules and regulations shall be subject to the fines prescribed in Section 12-196-039.

(Added Coun. J. 8-30-00, p. 39656)

13-196-040  Floor loading.

Every existing building shall be so constructed and maintained as to support safely the loads prescribed in Chapter 13-52 of this Code, except that in building of mercantile, industrial or storage occupancies the department of construction and permits and fire commissioner may permit occupancy of buildings having lower load-bearing capacity, when satisfied that such capacity will not be exceeded by the specific occupant. Such approved floor loads shall be posted as required in Section 13-52-190.

In buildings where the safe load-bearing capacity is in doubt, owing to deterioration of materials or other reasons, the building commissioner and fire commissioner shall require load tests to determine the safe bearing capacity. Such load tests shall comply with the requirements of Section 13-120-110.

(Prior code § 78-4; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 6-14-95, p. 2841; Amend Coun. J. 3-5-03, p. 104990, § 39)

13-196-050  Exit requirements.

Existing buildings shall comply with all applicable exit requirements of this Code and with the special provisions of Sections 13-196-060 to 13-196-090, inclusive.

(Prior code § 78-5)

13-196-060  Exits – Generally.

In existing buildings where exits do not comply with the requirements of Chapter 13-160 and in which hazardous conditions exist because of the number, width, construction or location of exits, the building commissioner and fire commissioner may order additional exits to assure adequate safety of the occupants. Every existing building shall have not less than the minimum number of required exits, as prescribed in Section 13-160-050.

(Prior code § 78-6; Amend Coun. J. 9-13-89, p. 4604)

13-196-070  Exits – Types.

In pre-ordinance buildings (built before July 7, 1957), the building commissioner and fire commissioner may approve the following types of exits in lieu of the required means of vertical exit prescribed in Section 13-160-030.

(a)     Fire escape stairways complying with the requirements of Section 13-160-630 may be used in lieu of not more than 50 percent of required stairs.

(b)     A balcony, having an area of not less than 18 square feet and provided with a ladder of noncombustible materials extending to the ground, may be used in lieu of one of two required stairways for a dwelling unit having a floor level not more than 15 feet above grade.

(Prior code § 78-7; Amend Coun. J. 9-13-89, p. 4604)

13-196-080  Passageways and exits to be unobstructed.

Every hallway, corridor, stairway, exit, fire escape door, and other means of egress, shall be kept clear and unencumbered at all times; and every exit area shall be adequately lighted by electricity, in accordance with Sections 13-160-660 and 13-160-670 of this Code.

(Prior code § 78-8)

13-196-084  Stairwell re-entry in existing buildings.

(a)     In buildings not required to comply with Chapter 13-76, every stairwell enclosure that serves more than four stories shall comply with one of the following requirements, as a minimum standard:

Option 1. The stairwell enclosure doors shall not be locked from the stairwell side at any time, in order to provide re-entry from the stair enclosure to the interior of the building; or

Option 2. The stairwell enclosure doors shall be equipped with a fail-safe electronic lock release system that is activated both manually, by a single switch accessible to building management and firefighting personnel, and automatically, either by approved smoke detectors or sprinkler waterflow devices, connected to an annunciator panel. If this option is selected, a telephone or other two-way communications system connected to an approved station shall be provided at not less than every fifth floor in each stairway where the doors to the stairway are locked, no later than January 1, 2005.

During the time necessary to install a lock release system under this Option 2, but in no event beyond December 31, 2004, the transitional measures listed as (A) through (E) below may be used. Doors on stair enclosures may be equipped with hardware that prevents re-entry into the interior of the building, provided that all of the following criteria are met:

(A)     there shall be not less than two levels where doors leading to the building interior are permanently unlocked, permitting access to another exit stair; and

(B)     there shall be not more than four stories intervening between stairwell enclosure doors that provide access to another exit stair; and

(C)     re-entry to the building interior shall be possible at all times on the highest story or the second highest story, whichever allows access to another exit stair; and

(D)     doors allowing re-entry shall be identified as such on the stair side of the door; and

(E)     doors not allowing re-entry shall be provided with a sign on the stair side indicating the location of the nearest door, in each direction of travel, that allows re-entry or exit.

(b)     Regardless of which option is selected under subsection (a) of this section, stairwell enclosure doors at the main egress level of the building shall remain unlocked from the stairwell enclosure side at all times.

(c)     Every building of more than four stories, and having a height in excess of 80 feet above grade, shall comply with subsection (a) of this section upon this section’s taking effect. Every building of more than four stories, and having a height not exceeding 80 feet above grade, shall comply with subsection (a) of this section no later than January 1, 2005.

(d)     No later than May 1, 2004, the executive director of the department of construction and permits and the fire commissioner shall issue guidelines for the approval of stations in buildings where Option 2 described in subsection (a) has been selected.

(e)     Nothing in this section applies to any stairwell enclosure door which opens directly into a dwelling unit, provided the dwelling unit door has a self-closer, a latch, and no self-locking hardware. Where all doors in the stairwell meet these criteria, the stairwell shall be provided with either a two-way communication system as required by Option 2 above, or the stairwell shall be provided with readily operable windows that are operable according to ANSI A117.1-1998, Section 309 Operable Parts, on each landing or intermediate landing, no later than January 1, 2005.

(Added Coun. J. 11-19-03, p. 14365, § 1; Amend Coun. J. 12-17-03, p. 15806, § 1)

13-196-085  Stairwell identification.

Within every building which exceeds three stories in height there shall be posted and maintained, within every interior stairwell enclosure at every floor, adjacent to the stairwell door, alphabetical or directional letter identification for the stairwell and the number of the floor to which the door opens. Lettering shall be permanent, a minimum of six inches in height and comply with A.D.A.A.G. (Americans with Disabilities Act Accessibility Guidelines) 4.30.1 General, 4.30.4 Raised and Braille Characters and Pictorial Symbol Signs, 4.30.5 Finish and Contrast, and 4.30.6 Mounting Location and Height.

Adjacent to every stairwell door there shall be posted, on the occupancy side, information showing which floors have re-entry locations. Lettering shall be permanent and comply with A.D.A.A.G. 4.30.1 General, 4.30.4 Raised and Braille Characters and Pictorial Symbol Signs, 4.30.5 Finish and Contrast, and 4.30.6 Mounting Location and Height.

(Added Coun. J. 10-31-01, p. 71183, § 3; Amend Coun. J. 5-1-02, p. 84027, § 2)

13-196-086  Area of rescue assistance identification.

Each area of rescue assistance shall be identified by a sign which states “area of rescue assistance” and displays the international symbol of accessibility. Lettering shall be permanent and comply with A.D.A.A.G. 4.30 (Americans with Disabilities Act Accessibility Guidelines).

(Added Coun. J. 10-31-01, p. 71183, § 3; Amend Coun. J. 5-1-02, p. 84027, § 1)

13-196-090  Exit, stairway, fire escape and directional signs.

Exit, stairway, fire escape and directional signs shall be properly installed and maintained, in accordance with Sections 13-160-700 to 13-160-750 of this Code.

(Prior code § 78-9)

13-196-100  Smoke detectors – Where required.

All existing dwelling units as defined in Sections 13-56-020 through 13-56-040, inclusive shall be equipped with approved smoke detectors in accordance with the provisions of Chapter 13-196, Sections 13-196-110 through and including 13-196-160.

(Prior code § 78-10; Amend Coun. J. 4-15-84, p. 6189; Amend Coun. J. 6-14-95, p. 2841)

13-196-110  Smoke detectors – Installation near sleeping rooms and in living levels.

Every owner, manager or agent of any building, as described in Section 13-196-100, shall install, in every dwelling unit, not less than one approved smoke detector on the uppermost ceiling, not less than four inches from any wall, or on a wall, located from 12 inches from the ceiling, and within 15 feet of all rooms used for sleeping purposes, with not less than one detector per living level containing a habitable room or unenclosed heating plant.

(Prior code § 78-11; Amend Coun. J. 4-25-84, p. 6189; Amend Coun. J. 9-8-86, p. 33588)

13-196-120  Smoke detectors – Interior stairwell installation.

Every owner, manager or agent of any building of Type II, III or IV construction as described in Section 13-196-100, shall install not less than one approved smoke detector on the uppermost ceiling, not less than four inches from any wall, or on a wall, located from four to 12 inches from the uppermost ceiling of all interior stairwells.

(Prior code § 78-12; Amend Coun. J. 9-8-86, p. 33588)

13-196-130  Smoke detectors – Standards.

All approved single station smoke detectors required in this chapter shall be the ionization or photoelectric type, either battery powered or 110 volt AC and shall comply with Title 14 of the municipal code of Chicago. Smoke detectors shall bear the label of a nationally recognized standards testing laboratory that indicates that the smoke detectors have been tested and listed as single or single and multiple station smoke detectors.

In buildings required to have a standard fire alarm system as specified in Chapter 13-196 and hotel buildings of Type II, III or IV construction complying with Section 13-196-210 smoke detectors in dwelling units shall be of the type tested and listed for fire protection signaling systems and shall have an integral audible device.

(Prior code § 78-13; Amend Coun. J. 4-25-84, p. 6189; Amend Coun. J. 9-8-86, p. 33588)

13-196-140  Smoke detectors – Owner/tenant responsibilities.

The owner shall be responsible for testing and maintaining detectors in common stairwells. It shall be the responsibility of the tenant to provide and maintain functional batteries for each detector; test and maintain detectors within dwelling units and to notify the owner or authorized agent in writing of any deficiencies. The owner shall be responsible for providing each tenant with written information regarding detector testing and maintenance.

(Prior code § 78-14; Amend Coun. J. 4-25-84, p. 6189)

13-196-150  Smoke detectors – Unlawful acts.

It shall be unlawful for any person to remove batteries or in any way make inoperable smoke detectors as provided for in this chapter.

(Prior code § 78-15)

13-196-160  Smoke detectors – Multifamily and single-family installation – When.

Smoke detectors required by this law shall be installed within three months in all multiple dwellings as defined in Section 13-56-040. Smoke detectors required in single-family dwellings as defined in Section 13-56-030 shall be installed within six months from the date of passage of this ordinance.

(Prior code § 78-15.1; Added Coun. J. 4-25-84, p. 6189; Amend Coun. J. 6-14-95, p. 2841)

13-196-165  Carbon monoxide detectors.

All existing buildings shall comply with all applicable requirements in Chapters 13-64 and 18-28 of this Code for the installation and maintenance of carbon monoxide detectors.

(Added Coun. J. 3-14-07, p. 99609, § 2)

13-196-170  Self-closing devices required for corridor doors.

In residential buildings exceeding four stories in height, all apartment doors opening upon public corridors shall be equipped with approved self-closing devices. In all new and existing single-room occupancy buildings, irrespective of height, all dwelling unit doors opening to public corridors shall be equipped with approved self-closing devices.

(Prior code § 78-16; Amend Coun. J. 5-4-94, p. 49750)

13-196-180  Sprinkler systems – Where required.

The following existing buildings or structures, or parts thereof, are to be equipped with sprinkler systems complying with the requirements of Chapter 15-16:

(a)     Every building of construction Type III or IV and of two stories or more in height, used in part or in whole as a Type I school, hospital, infirmary, nursery, orphanage, sheltered-care home, sanitoria or home for the aged or used in whole as a Type II school;

(b)     Every building used in whole or in part as a men’s cubicle hotel which does not comply with Section 13-64-020(a) of this Code;

(c)     Every building used primarily as an exhibition area or in that portion of any building used as an exhibition area;

(d)     Every building used in whole or in part as a nursing home, as defined, in Chapter 4-96 of this Code;

(e)     Areas used for storage of combustible containers in new and existing buildings, with exhibition areas, shall be enclosed with a two-hour fire resistive construction, and shall be equipped with a standard sprinkler system, as defined in Chapter 15-16 of this Code.

(Prior code § 78-17)

13-196-190  Standpipe systems – Where required.

Standard inside standpipe systems, complying with the requirements of Chapter 15-16, shall be provided in all buildings exceeding 80 feet in height with the following exceptions:

(a)     Institutional Units. In institutional units, standpipes shall be provided in all buildings more than four stories or 55 feet in height.

(b)     Stage Blocks. In stage blocks, standpipes shall be provided on each side of the stage, on each tier of dressing rooms, and within 55 feet of all property rooms, store rooms or work rooms.

(c)     Storage Structures. Standpipes shall not be required in grain elevators or similar storage structures, where such standpipes are ineffective owing to the type of structure and inaccessibility of hose connections.

For the purpose of determining standpipe requirements, the height of a building shall be determined in accordance with the provisions of Section 13-48-020. Towers, steeples, tanks and similar structures not intended or used for human occupancy shall not be considered in determining the height.

(d)     This section shall not apply to a building used as a business unit or storage unit, in existence prior to January 20, 1950, which is equipped throughout with an approved system of automatic sprinklers or is a fire resistive building of Type IA, IB or IC construction, provided that a standpipe system complying with Section 15-16-1190 is also provided in the building.

(e)     In exhibition areas standpipes shall be provided regardless of the height of the building and standpipe locations shall provide complete coverage of the fire area with 100 foot hose lengths and 30 foot hose streams.

(Prior code § 78-18)

13-196-200  Standard fire alarm system requirements.

An approved fire alarm system shall be provided as required in this section.

(a)     A standard fire alarm system meeting the requirements of this chapter and Chapter 15-16 of this Code shall be provided in the following occupancies:

(1)     Institutional: Buildings two stories or less in height with a floor area which does not exceed 8,000 square feet shall be equipped with a Class I system. Buildings over two stories in height or with a floor area exceeding 8,000 square feet shall be equipped with a Class II system;

(2)     Type I or Type II schools: Buildings over one story in height shall be equipped with a Class I system;

Any Type I school operating as or containing a day care center Class I, as defined in Chapter 4-72, shall comply with fire alarm system requirements applicable to Type III schools;

(3)     Type III schools: Class I system;

(4)     Hotels: Buildings of Types II, III or IV construction 80 feet or less in height shall be equipped with a Class I system except where 25 or fewer persons sleep above the second floor;

(5)     Single-room occupancy buildings: new and existing single-room occupancy buildings two stories or more in height, which are not equipped with a complete automatic sprinkler system, shall be equipped with a Class I fire alarm. The approved standard Class I control equipment may use microprocessor based program-controlled communication circuits when the control equipment is of a type tested and conforming to Underwriters Laboratories standard 864-1991 for the intended use. The stored program (software) installed figuration for such systems shall be incapable of change, except that a manufacturer’s authorized technician may make changes for proper system operation when such changes are approved by the deputy commissioner of the fire prevention bureau. Any changes, repairs or maintenance on such systems shall be performed only by or under the direction of a licensed supervising electrician.

(6)     Dormitories: Buildings two stories or more in height; except those where 25 or fewer persons sleep above the second floor, shall be equipped with a Class I system;

(7)     Intermediate care facilities for the developmentally disabled – 15 or fewer persons, same as institutional uses.

(b)     Hotels: Buildings of Type 1 construction over four stories but not over 80 feet in height shall be equipped with an approved fire alarm system including smoke detectors, heat detectors and water flow alarm devices installed in accordance with NFPA 72A-1985 and annunciated visually and audibly for each individual floor at a fire panel located near a main entrance to the building. A one-way voice communication system controlled from the fire panel location and meeting the requirements of Section 13-196-210(e)(2) of this Code shall be provided. Use of the one-way voice communication system in a fire emergency by other than department of fire personnel shall be prohibited.

(1)     The fire alarm system shall be zoned horizontally based on the system design, but in no case shall there be less than one zone per floor.

(2)     The fire alarm system shall be monitored by an Underwriters Laboratories Inc. listed Central Station service or shall be a Proprietary Protective Signalling System (installed in accordance with National Fire Protection Association Standard NFPA 72D-1986).

(3)     A fire panel consisting of fire alarm controls, annunciator panel, and one-way voice communications system controls shall be provided in a location approved by the bureau of fire prevention. Fire panels installed prior to the passage of this ordinance located on grade level in a readily accessible location shall be accepted.

(4)     Plans for all systems to be installed shall be submitted to the bureau of fire prevention for approval and systems used shall meet the approval of the fire prevention bureau.

(c)     Notwithstanding any other provision of this Code to the contrary, the revisions to the requirements of this chapter and Chapter 15-16 contained in this amendatory ordinance shall apply to schools and day care centers in existence on the effective date of this amendatory ordinance beginning July 1, 1991.

(d)     The requirements of subsection (a)(5) of this section shall be enforced against all single-room occupancy buildings effective June 30, 1995. All existing single-room occupancy buildings which will require installation of a Class I alarm system shall submit plans to the fire prevention bureau for approval of such system on or before January 1, 1995.

(Prior code § 78-19; Amend Coun. J. 9-8-86, p. 33588; Amend Coun. J. 6-27-90, p. 17613; Amend Coun. J. 5-4-94, p. 49750)

13-196-203  Life safety data sheet – Required.

(A)     No later than April 1, 2005, any owner of an existing building exceeding 80 feet in height above grade shall file with the fire department a life safety data sheet containing the following information about the building; (1) the name of the building owner of record, and, if applicable, the building manager; (2) the address of the building; (3) whether the building is residential or commercial or of mixed use; (4) if the building is residential or of mixed use, the number of dwelling units in the building; (5) the number of stories in the building; (6) whether the building is equipped with an automatic sprinkler system meeting any or all of the requirements of Chapter 15-16 of this Code, and identifying the areas so protected; and (7) whether the building is equipped with a standard inside standpipe system, a fire pump and a smokeproof tower.

(B)     All information contained in the life safety data sheet shall be kept current. Any change in required information shall be reported by the building owner to the fire department within 14 days after the change. This subsection shall be enforceable against the building owner and against any subsequent owner.

Any person who violates the requirements of this section shall be fined not less than $200.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 12-15-04, p. 39962, § 1)

13-196-204  Voice communication systems in existing buildings.

(A)     Subject to the exceptions listed below, no later than January 1, 2012, every existing building exceeding 80 feet in height above grade shall be equipped with the following: (i) a one-way voice communication system meeting the requirements of Section 13-76-050(b); and (ii) a two-way voice communication system meeting the requirements of Section 13-76-050(a); provided, however, that a telephone or other two-way communication system connected to an approved station, and installed pursuant to and in accordance with Option 2 of Section 13-196-084(a), shall be deemed to satisfy the requirements of item (ii) of this subsection.

(B)     Neither a one-way nor a two-way voice communication system shall be required in the following buildings:

Exception Number 1: Buildings that are classified as Class A-2, Multiple Dwellings, and are for non- transient residential use and are fully protected by automatic sprinklers.

Exception Number 2: Institutional buildings and schools that have an approved standard fire alarm system as required by Section 15-16-110.

(C)     A one-way voice communication system shall not be required in the following buildings:

Exception Number 1: Non-transient residential buildings with an existing occupant notification system if a detailed description of the existing occupant notification system is submitted to and approved by the commissioner of buildings and the fire commissioner or by their designated representatives. In order to be considered for approval under this exception, and if approved under this exception, the existing occupant notification system shall meet the following criteria:

(a)     the system must be in continuous use and must be tested on a monthly basis, or the system must have electronic supervision to indicate operational deficiencies in the system including, but not limited to, shorts, grounds and breaks in the circuit wiring; and

(b)     the system must be audible throughout all required areas of the building, or must produce within all dwelling units a minimum sound level of 45 dBA within ten feet of any existing occupant notification system device; and

(c)     the system must be able to transmit voice instructions without delay; and

(d)     the system must be able to transmit voice instructions to all required areas or to all dwelling units at the same time; and

(e)     the system must be available for fire department use from a central command location; and

(f)     the system is subject to field testing; and

(g)     replacement or modification of system components to meet the above criteria is limited to 50 percent of the reproduction cost of the existing occupant notification system.

(D)     A two-way voice communication system shall not be required in the following buildings:

Exception 1: Buildings that are classified as Class A-2, Multiple Dwellings, and are for non-transient residential use if the building does not exceed 15 stories in height and contains 60 or fewer dwelling units as defined in Section 13-4-010.

(E)     For purposes of this section, “non-transient residential” means a residential use other than a hotel, motel, bed-and-breakfast establishment, dormitory, transitional shelter, emergency shelter or other temporary residential use.

(F)     This section shall be enforceable against the building owner and against any subsequent owner.

(Added Coun. J. 12-15-04, p. 39962, § 2)

13-196-205  Automatic sprinkler system installation in existing high-rise buildings.

Subject to the exceptions listed below, every existing building exceeding 80 feet in height above grade shall be protected throughout by an approved automatic sprinkler system meeting the requirements of Chapter 15-16 of this Code unless otherwise provided by Section 13-196-207. The owner of each such building shall, no later than September 1, 2005, submit for approval to the bureau of fire prevention a plan for compliance with the requirements of this section. The requirements of this section shall be enforceable against the building owner and against any subsequent owner.

Every building subject to the provisions of this section shall comply with the following schedule for installation of an approved automatic sprinkler system: one-third of the gross square footage of the building shall be equipped with automatic sprinklers by January 1, 2009; two-thirds of the gross square footage of the building shall be equipped with automatic sprinklers by January 1, 2013; and the entire gross square footage of the building shall be equipped with automatic sprinklers by January 1, 2017. Buildings subject to any of the following exceptions 3 through 7, inclusive, shall comply with the requirements of Section 13-196-206.

Exception Number 1: An open-air parking facility meeting the requirements of Section 13-96-920 of this Code.

Exception Number 2: The open-air portions of a stadium.

Exception Number 3: A building that is classified as a Class A-2, Multiple Dwelling, and that is a non- transient residential use. This exception includes (a) all approved auxiliary use areas of the building other than parking garages; and (b) any parking garage in the building that is used exclusively by the building’s non- transient residential occupants and their guests or by persons who, pursuant to a written lease agreement, rent space in the building’s parking garage for use by a designated motor vehicle in time increments of at least one month in duration.

Exception Number 4: The following portions of a building classified as a mixed occupancy building:

(A)     any portion of a mixed occupancy building that is classified as a Class A-2, non-transient residential use;

(B)     any approved auxiliary use area wholly contained within a Class A-2, non-transient residential use portion of a mixed occupancy building;

(C)     any parking garage in a mixed occupancy building that is used exclusively by the building’s non- transient residential occupants and their guests or by persons who, pursuant to a written lease agreement, rent space in the building’s parking garage for use by a designated motor vehicle in time increments of at least one month in duration;

(D)     any portion of a mixed occupancy building, other than those portions of the building classified as a Class A-2, non-transient residential use, if all of the following criteria are met:

(1)     the cumulative total of the building’s floor areas not classified as a Class A-2, non-transient residential use does not exceed ten percent of the total floor area of the building. The floor areas of parking garages used exclusively by the building’s non-transient residential occupants and their guests shall be excluded from the calculation of the building’s total floor areas not classified as a Class A-2, non-transient residential use and from the calculation of the total floor area of the building; and

(2)     occupancy separations are provided in accordance with Table 13-56-280 as set out in Section 13-56-280 of this Code; and

(3)     the mixed occupancy building must be either of Type I, fire-resistive construction or of Type II, non-combustible construction; and

(4)     all of the exempted areas within the mixed occupancy building, other than those portions of the building classified as a Class A-2, non-transient residential use, are located in the building at a floor level elevation that does not exceed 80 feet in height above average grade.

Exception Number 5: A building designated as a Chicago Landmark pursuant to Article XVII of Chapter 2-120 of this Code unless the landmarked building is required to be equipped with an automatic sprinkler system by other provisions of this Code.

Exception Number 6: A building within a landmark district designated pursuant to Article XVII of Chapter 2-120 of this Code and determined to be a contributing building unless the contributing building is required to be equipped with an automatic sprinkler system by other provisions of this Code.

Exception Number 7: A building color-coded red or orange in the Chicago Historic Resources Survey, published in 1996, unless the building is required to be equipped with an automatic sprinkler system by other provisions of this Code.

For purposes of this section, “non-transient residential” means a residential use other than a hotel, motel, bed-and-breakfast establishment, dormitory, transitional shelter, emergency shelter or other temporary residential use.

(Added Coun. J. 12-15-04, p. 39962, § 3)

13-196-206  Life safety evaluation of existing high- rise buildings.

(A)     No later than January 1, 2005, the commissioner of buildings shall adopt by rule and publish criteria for life safety evaluations of all existing buildings exceeding 80 feet in height above grade that are not required by Section 13-196-205 to be protected throughout by an approved automatic sprinkler system. The criteria adopted pursuant to this subsection shall provide sufficient protection to life and safety of building occupants. The criteria shall be developed based on a review of available resources, including standardized building and safety codes and the practices of other municipalities.

(B)     The owner of any building qualifying for any exception 3 through 7, inclusive, of Section 13-196-205 shall have the building evaluated for life safety by a licensed professional engineer or by a licensed architect; provided, however, that this requirement shall not apply to any building which is protected throughout by a previously approved automatic sprinkler system. The licensed engineer or architect shall prepare a life safety evaluation of the building in accordance with the requirements of this section and with any rules and regulations promulgated thereunder. The life safety evaluation shall be signed and sealed by the person who prepared it and shall contain an explicit statement acknowledging that the information contained therein is true and complete.

(C)     If, based on the use of a scoring system described by rule to conduct the life safety evaluation, the licensed professional engineer or licensed architect determines that the building achieves the minimum score required on the life safety evaluation, the licensed engineer or architect shall certify the evaluation as a life safety compliance plan and shall give the life safety compliance plan to the building owner. No later than January 1, 2006, the building owner shall submit the life safety compliance plan to the department of buildings and the bureau of fire prevention. The life safety compliance plan shall be enforceable against the building owner and against any subsequent owner.

(D)     If, based on the use of a scoring system described by rule to conduct the life safety evaluation, the licensed professional engineer or licensed architect determines that the building does not achieve the minimum score required on the life safety evaluation, the building owner shall, no later than January 1, 2006, submit the life safety evaluation to the department of buildings and the bureau of fire prevention along with either: (1) a proposal to protect the building throughout with an automatic sprinkler system meeting the requirements of Chapter 15-16 of this Code unless otherwise provided by Section 13-196-207, notwithstanding any exceptions for which the building may have otherwise qualified pursuant to Section 13-196-205, and using the schedule for installation described in Section 13-196-205; or (2) a proposal for achieving the minimum score required on the life safety evaluation by making specified modifications to the building.

Any proposal submitted pursuant to this subsection shall be signed and sealed by a licensed professional engineer or by a licensed architect. In addition, any proposal submitted pursuant to item (2) of this subsection shall contain (i) an explicit statement by the licensed engineer or architect certifying that if the modifications identified in the proposal are fully implemented, the building will receive the minimum score required on the life safety evaluation; and (ii) a timetable for completion of those modifications to be phased in over a stipulated period of years, but no later than January 1, 2012, at which time the modifications identified in the proposal shall be fully implemented. Any schedule for installation or timetable required by this subsection shall be enforceable against the building owner and against any subsequent owner.

If, after reviewing the certified proposal, the commissioner of buildings and the deputy commissioner of the bureau of fire prevention determine that the certified proposal, when fully implemented, will enable the building to achieve the minimum score required on the life safety evaluation, the commissioner and deputy commissioner shall jointly accept the certified proposal as a life safety compliance plan. The life safety compliance plan shall be enforceable against the building owner and against any subsequent owner.

(E)     No permit shall be issued for work on any existing building that is the subject of a life safety compliance plan unless the licensed architect or licensed engineer of record identified in the permit application certifies in writing that the permitted work will not reduce or otherwise negatively impact the score of the life safety evaluation on which the life safety compliance plan is based; nor shall any permit be issued for work on a building whose owner is in violation of any of the requirements of this section unless the permit is necessary to cure the violation.

(F)     Nothing in this section shall be construed to waive any provision of the Municipal Code of Chicago applicable to existing buildings or to relieve any person from full compliance with those provisions.

(Added Coun. J. 12-15-04, p. 39962, § 4)

13-196-207  Materials and installation standards for retrofit fire protection systems.

In every existing high-rise building subject to the requirements of Sections 13-196-204, 13-196-205 or 13-196-206 of this Code, the following materials and installation standards shall apply to newly installed fire protection systems:

(A)     An existing water supply that serves an existing fire department wet standpipe system may also serve as the water supply for retrofit sprinkler systems, provided the water supply meets, non-simultaneously, the larger of either the standpipe demand at the time of the original installation, or the new sprinkler system demand including hose stream allowance.

(B)     Notwithstanding the requirements of Sections 18-28-602.2.1 and 15-16-370, sprinkler piping and sprinklers shall meet or exceed the requirements of NFPA 13-2002 and their respective product listings issued by an approved independent laboratory or agency.

(C)     Automatic sprinkler systems shall meet or exceed the requirements of NFPA 13-2002 except that at least one sprinkler shall be provided within the stairway enclosure at the landing serving the door(s) to each floor.

(D)     If repairs or minor modifications are made to existing dry-pipe sprinkler systems, the zoning of the system may remain as originally installed.

(E)     Low-voltage electrical wiring risers for fire detection and fire alarm notification systems may be installed in stairways, notwithstanding the requirements of Section 15-8-180, if the wiring is in conduit and does not obstruct the required egress width of a stairwell.

(F)     Low-voltage electrical branch wiring in horizontal runs for voice communication systems may be installed without conduit, unless required by other sections of this Code, if the wiring (i) is limited combustible FHC 25/50 CMP; and (ii) has a maximum Class 1 flame spread rating as defined in Section 15-12-040; and (iii) has a smoke developed rating not to exceed 50 when tested in accordance with ASTM-E 84.

(G)     Low-voltage electrical wiring for fire detection systems may be run in the same conduit as low-voltage electrical wiring for fire alarm notification systems, as permitted by NFPA 72-2002 and the product listings of the wire and the conduit issued by an approved independent laboratory or agency.

(H)     Low-voltage fire detection equipment panels and low-voltage fire alarm notification equipment panels may be installed in the same panel box, as permitted by NFPA 72-2002 and the product’s listing issued by an approved independent laboratory or agency.

(I)     Central station monitoring of fire alarm systems may use digital alarm communicators with constant supervision, as permitted by NFPA 72-2002.

(Added Coun. J. 12-15-04, p. 39962, § 5)

13-196-208  Smokeproof towers in existing high- rise buildings – Fire shields.

If fire shields in smokeproof towers are provided to protect openings of balconies or vestibules in existing buildings exceeding 80 feet in height above grade, such fire shields shall comply with the requirements of this section.

(A)     Fire shields shall comply with all applicable requirements for fire windows as provided in Section 15-12-160.

(B)     Fire shields shall have an opening sash having a clear area not less than as required in Section 13-160-380(c), arranged to open automatically in case of fire to the full limit and to be held securely in such open position. Provision shall be made for the manual opening or closing of the sash.

(C)     The automatic opening of the sash shall be actuated by approved devices located inside the building within five feet of the door from the building to the vestibule or balcony and located also on the ceiling of the vestibule or balcony. Such devices shall be designed to operate as a result of rate of temperature rise or when the surrounding air reaches a temperature of 120 degrees Fahrenheit.

(D)     Each fire shield sash shall be tested annually to verify automatic operation as required in subsection (c) of this section. Testing shall be performed by an individual or organization approved by the deputy commissioner in charge of the bureau of fire prevention. Reports of the testing shall be filed with the bureau by June 30 of each year.

(Added Coun. J. 12-15-04, p. 39962, § 6)

13-196-209  High-rise buildings – Stairways – Doors – Frames.

No later than January 1, 2012, doors and frames in stairways in all existing residential buildings and buildings of mixed residential occupancy exceeding 80 feet in height above grade shall have a fire resistance rating of at least one hour.

(Added Coun. J. 12-15-04, p. 39962, § 7)

13-196-210  High rise fire systems.

Any existing or preordinance building exceeding 80 feet in height designed or used in whole or in part as a hotel shall be equipped with a high rise fire system as required in this section.

(a)     In buildings equipped with an approved system of automatic sprinklers, an approved fire alarm system including all water flow alarm devices shall be required. Sprinklers may be omitted in guest room closets not over 24 square feet in area. Other areas not sprinkled, because of unreasonable hardship or as permitted by Section 15-16-350 of this Code, shall be protected by approved smoke detectors or other fire detection measures approved by the bureau of fire prevention. Detectors shall not be required in guest room bathrooms. No automatic smoke detector shall be required in guest room corridors nor elevator lobbies of existing buildings having automatic sprinkler systems installed prior to the passage of this ordinance on guest room floors except that sprinklers may be omitted in guest room bathrooms over 55 square feet in area with noncombustible plumbing fixtures and with walls and ceilings surfaced with noncombustible materials.

(b)     In buildings not equipped with an approved system of automatic sprinklers an approved fire alarm system, including smoke detectors, heat detectors and water flow alarm devices, shall be required. System devices shall be installed as follows:

(1)     As required by Section 13-196-240 of this Code;

(2)     Heat detectors shall be installed in restaurants, meeting rooms and lounges.

(c)     The fire alarm system shall be zoned horizontally based on the system design, but in no case shall there be less than one zone per floor.

(d)     The fire alarm system shall be a Proprietary Protective Signalling System installed in accordance with National Fire Protection Association Standard NFPA 72D-1986 or shall be monitored by an Underwriters Laboratories Inc. listed Central Station service.

(e)     There shall be two voice communication systems as follows:

(1)     A two-way fire department communications system providing emergency two-way stations in each required stairwell at not less than every fifth floor and at the fire panel. The system shall be zoned not less than one zone per stairwell. Systems installed prior to the passage of this ordinance using phone jacks zoned by stairwell shall be accepted in lieu of two-way stations.

(2)     A selecting one-way communication system with speakers in passenger elevators, in elevator lobbies, in stairwells at not less than every fifth floor, and in corridors at intervals not exceeding 75 feet. Use of the one-way voice communication system in a fire emergency by other than department of fire personnel shall be prohibited. Zoning of speakers shall be as follows: passenger elevators zoned by elevator lobby; elevator lobbies and corridors zoned horizontally based on the system design, but in no case less than one zone per floor; stairwells zoned vertically by stairwell. Approved elevator speaker intercom systems installed prior to the passage of the ordinance shall be accepted for communication to elevators as long as the systems are maintained in good working order.

The two-way fire department communication system may be combined with the one-way system.

(f)     A fire panel consisting of fire alarm controls, annunciator panel, and one- and two-way voice communications system controls shall be provided in a location approved by the bureau of fire prevention. Fire panels and controls installed prior to the passage of this ordinance located on grade level in a readily accessible location shall be accepted.

(g)     Plans for systems to be installed shall be submitted to the bureau of fire prevention for approval and systems used shall meet the approval of the fire prevention bureau.

(h)     In buildings of Type II, III or IV construction, an automatic central alarm shall be installed and be audible throughout the corridors of the building and shall be activated by the sprinkler flow alarm and smoke detectors.

(Prior code § 78-19.1; Added Coun. J. 9-8-86, p. 33588)

13-196-220  Class II standard fire alarm systems.

A Class II standard fire alarm system may be installed in lieu of a Class I standard fire alarm system in any building when, in the opinion of the division marshal in charge of the bureau of fire prevention, the number of people involved and the physical construction of such building makes a Class II standard fire alarm system acceptable. Class II standard fire alarm system shall comply with the provisions of Chapter 15-16.

(Prior code § 78-20)

13-196-230  Floor area and height.

In every building described in Section 13-196-200, as requiring a standard fire alarm system, the area of such building shall be the total area of the building and the height shall be the total height of such building including the space used for occupancies other than for institutional, school, hotel, or single-room occupancies.

(Prior code § 78-21; Amend Coun. J. 5-4-94, p. 49750)

13-196-240  Automatic fire detectors – Where required.

In every fire alarm system required in this Code, automatic fire detectors shall be installed as an integral part of a fire alarm system in rooms or portions of the building as follows:

(a)     In all rooms where a flammable compressed gas or flammable liquid as described in Chapters 4-112* and 15-24, other than fuel oil for heating, is stored or used; also in shops and storerooms where combustible material is stored or handled.

(b)     In every building used in part as an institutional building, school, hotel, or single-room occupancy, an automatic fire detector shall be installed in such portion or portions of the building used for purposes other than institutional, school, hotel, or single-room occupancy purposes, unless such institutional building, school, hotel, or single-room occupancy is separated from all other occupancies by a separation with a fire resistive value as specified in Section 13-56-280. Such automatic fire detectors shall be installed, spaced and located in accordance with the recommendations, based upon actual tests, prescribed by a nationally recognized testing laboratory acceptable to the fire prevention bureau.

(c)     In every storeroom, maintenance shop, fan room, mechanical equipment room, laundry, linen room, janitor closet, kitchen and storage area.

(d)     Fire alarm systems serving Type III schools, day care centers Class II, and those Type I schools operating as or containing a day care center Class I as defined in Chapter 4-72 shall include automatic detectors as follows:

1.     Smoke detectors shall be installed at each floor level, including basements, of each interior stairwell up to and including one level above the level of the school or day care center, except in unoccupied attics.

2.     Smoke detectors shall be installed in front of doors to stairwells from the school or day care center and at intervals of no less than 30 feet in all corridors within or serving the school or day care center.

3.     Smoke detectors shall be located in all lounges, recreation areas and sleeping rooms.

4.     Heat detectors shall be installed in boiler rooms, kitchens and combustible storage areas except where a sprinkler system with a flow alarm connected to the fire alarm system is installed in such rooms.

(e)     In all two-story buildings occupied as open plan schools, (a story located below grade level shall be counted, if used for other than building service purposes), approved automatic fire detectors shall be installed throughout the building and be interconnected to the school fire alarm system.

(f)     In hotel buildings over four stories, electrical equipment rooms, guest room corridors and elevator lobbies shall be equipped with automatic smoke detectors installed in accordance with NFPA 72E-1984.

(g)     In single-room occupancy buildings, automatic heat detectors shall be installed in each single-room occupancy unit, in public corridors, and at each floor level in every interior stairwell. In single- room occupancy buildings, smoke detectors required by Section 13-196-100 of this Code need not be connected to the fire alarm system, but shall be permanently wired to the electrical wiring system of the building.

(Prior code § 78-22; Amend Coun. J. 9-8-86, p. 33588; Amend Coun. J. 6-27-90, p. 17613; Amend Coun. J. 5-4-94, 49750)

13-196-250  Permitted omission of sprinklers, heat and smoke detectors.

No automatic heat detector shall be required in any room or portion of a building which is equipped with an approved installation of automatic sprinklers and provided with a water flow alarm which is connected to the fire alarm system. No automatic smoke detector shall be required in guest room corridors nor elevator lobbies of hotel buildings equipped with an approved system of automatic sprinklers. Sprinklers may be omitted in guest room closets not over 24 square feet in area. Other areas not sprinklered, because of unreasonable hardship or as permitted by Section 15-16-350 of the code, shall be protected by approved smoke detectors or other fire detection measures approved by the bureau of fire prevention. Detectors shall not be required in guest room bathrooms. No automatic smoke detector shall be required in guest room corridors nor elevator to the lobbies of existing buildings having automatic sprinkler systems installed prior to the passage of this ordinance on guest room floors except that sprinkler systems installed prior to the passage of this ordinance on guest room floors except that sprinkler systems may be omitted in guest room bathrooms over 55 square feet in area with noncombustible plumbing fixtures and with walls and ceilings surfaced with noncombustible materials.

(Prior code § 78-23; Amend Coun. J. 9-8-86, p. 33588)

13-196-260  Fire extinguishers.

Standard fire extinguishers shall be provided in accordance with the provisions of Sections 15-16-620 through and including 15-16-680 of this Code.

(Prior code § 78-24)

13-196-270  Elevator recall.

All existing buildings shall comply with the requirements of Section 18-30-2600.

(Added Coun. J. 6-14-95, p. 2820; Amend Coun. J. 1-10-01, p. 50236, § 2)

13-196-280  Reserved.

13-196-290  Pre-ordinance hotels.

Every pre-ordinance hotel (built before July 7, 1957) more than two stories and basement in height, having sleeping accommodations for more than 25 persons above the second story, and every pre-ordinance hotel of any capacity more than four stories and basement in height, shall comply with the requirements of Section 15-8-120 pertaining to the protection of stairs, shafts and vertical openings, except as follows:

(a)     Enclosing walls and partitions may be of construction providing fire resistance of not less than one hour.

(b)     Doors required for protection of openings in enclosures may be Class C fire doors of combustible material faced on both sides with materials not less fire resistive than sheet steel 18 gauge in thickness. Openings, if any, shall be glazed with wire glass and shall not exceed 144 square inches in area, except that existing openings not exceeding 1,296 square inches in area may be permitted.

(c)     Where the top or bottom riser in a stairwell is so located that the vertical enclosures therein required will not be practical to erect without unreasonable hardship, a horizontal cutoff there shall be not more than three openings to dwelling units or other nonpublic spaces on each floor, and such dwelling units or nonpublic spaces shall be separated from the corridor by partitions providing fire resistance of not less than one hour with all openings protected with self-closing Class C fire doors.

(Prior code § 78-27)

13-196-300  Institutional units.

In every pre-ordinance institutional building, every room used for the storage or application of anesthetics consisting of flammable or explosive gases or mixtures, including cyclopropane, ether chloride, ethylene, propylene, or any flammable liquids, shall have safeguards for installation and operation of such rooms and equipment as follows:

(a)     Any cylinders containing anaesthetizing gases or liquids shall be plainly marked with the name of the substance which they contain and shall comply with the requirements of the Interstate Commerce Commission for such containers. Such cylinders or containers shall not be stored in any operating room. Approved regulators or gas flow devices shall be provided for any such substances, except low pressure oxygen containers.

No such regulators or gas flow devices shall permit the intermixing of gases by any error or manipulation.

(b)     The construction and equipment of operating rooms shall comply with the applicable requirements of Section 13-80-040.

(Prior code § 78-28)

13-196-310  Roominghouses.

Every roominghouse and every rooming unit shall be in compliance with the minimum standards set forth in this chapter, except as modified in Section 13-196-320.

(Prior code § 78-29)

13-196-320  Roominghouses – Sanitary facilities.

At least one flush water closet, lavatory basin and bathtub or shower shall be supplied for each ten persons or fraction of ten within a roominghouse, including members of the family of the owner if they share the use of the facilities.

All such facilities shall be properly connected to required water and sewage systems and shall be located within the dwelling so as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities, and shall not be more than one story removed from the rooming unit of any occupant intended to share the facilities. In a roominghouse in which rooms are let only to males, flush urinals may be substituted for not more than 33 and one-third percent of the required number of water closets.

In a roominghouse where both sexes are accommodated, the water closets shall be separately calculated, based on the occupancy of each sex, except where not more than two water closets are required.

(Prior code § 78-30)

13-196-330  Roominghouses – Responsibility of operator.

Every operator of a roominghouse shall be responsible for the following matters required by this chapter: extermination of insects, rodents, or other pests in it or in its yard; disposal of refuse by placing in it disposal facilities supplied by him; hanging and removing all screens required; sanitary maintenance of all walls, floors and ceilings; maintenance of a sanitary condition in every part of the roominghouse; and proper installation and repair of every facility.

(Prior code § 78-31)

13-196-340  Minimum requirements for residential buildings – General.

The provisions of these Sections 13-196-350 through and including 13-196-640 are applicable to occupancy for residential purposes of any building, whether or not such building was erected, altered or converted in full or substantial compliance with ordinances in force at the time of its erection, alteration, or conversion and whether or not such building was erected, altered or converted prior to the effective date of this Code. The requirements imposed by these sections shall be in addition to other applicable requirements for existing buildings imposed by other provisions of Chapter 13-196.

(Prior code § 78-32)

13-196-350  Residential buildings – Water closet.

Every family unit except as provided in Section 13-196-380 shall contain within its walls, a room, separate from the habitable rooms, which affords privacy to a person and is equipped with a flush water closet.

(Prior code § 78-33)

13-196-360  Residential buildings – Lavatory.

Every family unit except as provided in Section 13-196-380 shall contain within its walls a lavatory basin located in the same room as the required water closet, or as near to that room as practicable.

(Prior code § 78-34)

13-196-370  Residential buildings – Bathtub or shower.

Every family unit except as provided in Section 13-196-380 shall contain within its walls a room, separate from the habitable rooms, which affords privacy to a person in the room and which is equipped with a bathtub or shower.

(Prior code § 78-35)

13-196-380  Residential buildings – Limitations on sharing sanitary facilities.

The occupants of not more than two-family units which are located in the same dwelling, may share a single flush water closet, a single lavatory basin, a single bathtub or shower if:

(a)     The facilities to be shared are within a room or rooms on the same floor as the family units and are accessible to the occupants of each family unit without going through the family unit of another person or outside the dwelling; and

(b)     Neither of the two-family units contains more than two habitable rooms nor more than 500 square feet of floor area, excluding of the number of rooms and from floor area any kitchen of less than 70 square feet of the floor area.

(Prior code § 78-36)

13-196-390  Residential buildings – Kitchen sink.

Every family unit shall contain within its walls a kitchen sink.

(Prior code § 78-37)

13-196-400  Residential buildings – Heating facilities.

Every family unit shall have heating facilities which are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments within its walls to a temperature of at least 65 degrees Fahrenheit, when the outside temperature is ten degrees below zero Fahrenheit. Gas appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. Portable heating equipment employing flame and the use of gasoline as a fuel does not meet the requirements of this section and is prohibited. The owner may require that the occupant shall provide the required heating facilities at the occupant’s expense but such agreement or requirement does not relieve the owner from responsibility for the presence of such heating equipment in the family unit.

(Prior code § 78-38)

13-196-410  Residential buildings – Heat to be furnished.

Every family unit or rooming unit to which heat is furnished from a heating plant used in common for the purpose of heating the various rooms of the dwelling shall be supplied with heat from September 15th of each year to June 1st of the succeeding year so that the occupants of a family unit or rooming unit may secure, without such undue restriction of ventilation as to interfere with proper sanitary conditions, a minimum temperature of 68 degrees at 8:30 a.m. and thereafter until 10:30 p.m. and 66 degrees at 10:30 p.m. and thereafter until 8:30 a.m. averaged throughout the family unit or rooming unit.

(Prior code § 78-39; Amend Coun. J. 2-25-88, p. 10733; Amend Coun. J. 3-9-05, p. 43526)

13-196-420  Residential buildings – Cold and hot water lines.

Every kitchen sink, lavatory and bathtub or shower required shall be connected with hot and cold water lines. The hot water lines shall be connected with water heating facilities which are capable of heating water to such a temperature as to permit water to be drawn at every required outlet at a temperature of not less than 120 degrees Fahrenheit even when the heating facilities required by this Code are not in operation.

(Prior code § 78-40)

13-196-430  Residential buildings – Hot water to be furnished.

Every family unit or rooming unit to which hot water is furnished from water heating facilities used in common shall be supplied with hot water throughout the year so that the occupants may draw water at every hot water outlet between the hours of 6:00 a.m. and 10:30 p.m. of a minimum temperature of 120 degrees Fahrenheit.

(Prior code § 78-41)

13-196-440  Gas-fired appliances.

All gas-fired heating, cooking and other appliances and gas-fired water heaters, shall conform to the requirements in Sections 13-152-390* through 13-152-440* and 13-180-100* and 13-180-230* of the building provisions of this Code concerning installation, vents and flues.

(Prior code § 78-42)

13-196-450  Residential buildings – Hall and stairway lighting.

Every public hall and stairway in every dwelling having more than one family unit shall be adequately lighted at all times, except that in a two-family dwelling an adequate lighting system which may be turned on when needed by conveniently located light switches shall be permitted instead of a full-time lighting system.

(Prior code § 78-43)

13-196-460  Residential buildings – Storage beneath stairways.

There shall be no closets or storage of any kind beneath stairways in any dwelling containing two or more family units or in any roominghouse unless the stair complies with the fire resistive requirements of Sections 15-8-120 to 15-8-180 inclusive, or unless the stairs and storage space are separated by noncombustible materials having a fire rating of not less than one hour. No combustible or flammable materials, fluids, or compounds shall be placed, stored or kept in any place inside or outside of any building where the ignition or burning of such materials, fluids, or compounds would obstruct or render hazardous the egress from any family unit or from the building.

(Prior code § 78-44)

13-196-470  Residential buildings – Space, use and location – Applicability of provisions.

No person shall occupy or cause or permit the continued occupancy of any family unit which does not comply with the standards of occupancy set forth in Sections 13-196-480 through and including 13-196-520 of this chapter.

The provisions of Sections 13-196-480 through and including 13-196-520 shall not be applicable to single- family dwellings occupied only by an owner and persons within the family relationship.

(Prior code § 78-45)

13-196-480  Residential buildings – Space requirements.

Every family unit shall contain at least 125 square feet of floor area for each of the first two occupants, and at least 100 square feet of each of the next two occupants, and at least 75 square feet for each additional occupant. For the purpose of this section, floor area is the area within the perimeter of the space or building occupied by the family unit, not including elevators, stairs, or other shaft enclosures.

(Prior code § 78-46)

13-196-490  Residential buildings – Space requirements – Sleeping rooms.

In every family unit and every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, or if of original configuration need only comply with the regulations in effect at the time of its construction. Every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under 12 years of age. For the purpose of this section a person under two years of age shall not be counted as an occupant.

(Prior code § 78-47)

13-196-500  Residential buildings – Access to water closets.

Every room used exclusively as a bedroom shall have access to at least one water closet without passing through another room used exclusively as a bedroom.

(Prior code § 78-47)

13-196-510  Residential buildings – Ceiling heights.

At least one-half of the floor area of every habitable room shall have a ceiling height of not less than seven feet; and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof. However, in any room, beams or furred spaces constituting not more than 25 percent of the ceiling area, may have a height of not less than six feet.

(Prior code § 78-49)

13-196-520  Residential buildings – Basement units.

A basement space used as a habitable room or family unit shall comply with the following:

1.     The floor depth below grade is not limited if the floors and walls are impervious to leakage of underground and surface runoff water and are protected against dampness.

2.     The required minimum window area is located entirely above the finished elevation of the ground adjoining the building wall in which the windows are located.

(Prior code § 78-50)

13-196-530  Residential buildings – Foundations, exterior walls and roofs – Maintenance.

The foundation, exterior walls, and exterior roof shall be substantially watertight and protected against rodents, and shall be kept in sound condition and repair:

(a)     The foundation elements shall adequately support the building at all points.

(b)     Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit rain, or dampness to the interior portions of the walls or to the exterior spaces of the dwelling.

(c)     The roof shall be tight and have no defects which admits rain and roof drainage shall be adequate to prevent rain water from causing dampness in the walls.

(d)     The dwelling shall be in a rat-stopped condition, in accordance with Sections 7-28-660 through 7-28-730 of this Code, and shall be adequately protected against the entry of other rodents.

(e)     All cornices, rustications, quoins, moldings, belt courses, lintels, sills, oriel windows, pediments and similar projections shall be kept in good repair and free from cracks and defects which make them hazardous and dangerous.

(Prior code § 78-51)

13-196-540  Residential buildings – Floors, interior walls and ceilings – Maintenance.

Every floor, interior wall, and ceiling shall be kept in sound condition and good repair and further,

(a)     Every floor shall be free of holes and wide cracks which might admit rodents or which constitute a possible accident hazard.

(b)     Every floor shall be free of loose, warped, protruding, or rotting floor boards.

(c)     Every interior wall and ceiling shall be free of holes and large cracks.

(d)     All interior walls, ceilings and interior woodwork shall be free of flaking, peeling, chipped or loose paint, plaster or structural material.

(e)     Plaster, paint and other surface materials shall be of such character as to be easily cleanable, and are reasonably smooth, clean and tight.

(f)     Every toiletroom and bathroom floor surface shall be substantially impervious to water and be capable of being maintained easily in a clean and sanitary condition.

(Prior code § 78-52)

13-196-550  Residential buildings – Windows, doors and hatchways – Maintenance.

Every window, exterior door, and basement hatchway shall be substantially tight, and shall be kept in sound condition and repair, and

(a)     Every window shall be fully supplied with window panes which are without open cracks or holes.

(b)     Every window sash shall be in good condition and fit reasonably tight within its frame.

(c)     Every window, other than a fixed window, shall be capable of being easily opened and shall be held in position by window hardware.

(d)     Every exterior door, door hinge, and door hatch shall be in good condition.

(e)     Every exterior door, when closed, shall fit reasonably well within its frame.

(f)     Every window, door, and frame shall be constructed and maintained in such relation to the adjacent wall construction as completely to exclude rain, and substantially to exclude wind from entering the dwelling.

(g)     Every basement hatchway shall be so constructed and maintained as to prevent the entrance of rodents, rain, and surface drainage water into the dwelling.

(h)     Every door available as an exit as required by this chapter shall be capable of being opened from the inside, easily and without the use of a key.

(Prior code § 78-53)

13-196-560  Residential buildings – Screens.

Screens shall be supplied to the following extent:

(a)     Every basement or cellar window which is openable shall be supplied with a heavy wire screen or hardware cloth of not less than four mesh per inch which fits tightly and is securely fastened to the frame, or with any other material affording equivalent protection against the entry of rodents.

(b)     From April 15th to November 15th of each year, every door opening directly from any family unit to the outdoors and every window, or other outside openings used for ventilation purposes, shall be supplied with a screen of not less than 16 mesh per inch and every screen door shall have a self-closing device in good working condition. Except for existing screens, which shall not be removed without the written consent of the person entitled to possession of the unit, no screens shall be required for a family unit on a floor above the fourth floor, unless required by the department of buildings and fire department when unusual circumstances of insect prevalence exists.

(Prior code § 78-54; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 6-27-90, p. 17617)

13-196-570  Residential buildings – Stairways and porches – Maintenance.

Every stairway, inside or outside of the dwelling and every porch, shall be kept in safe condition and sound repair and:

(a)     Every flight of stairs and every porch floor shall be free of holes, grooves, and cracks, which are large enough to constitute possible accidents hazards.

(b)     Every stairwell and every flight of stairs, which is more than two risers high, shall have rails not less than two and one-half feet high, measured vertically from the nose of the tread to the top of the rail; and every porch which is more than two risers high shall have rails not less than three and one-half feet above the floor of the porch.

(c)     Every rail and balustrade is firmly fastened and is maintained in good condition.

(d)     No flight of stairs shall have settled more than one inch out of its intended position or have pulled away from supporting or adjacent structures.

(e)     No flight of stairs shall have rotting, loose or deteriorating supports.

(f)     The riser height and the tread width of each flight of stairs shall be uniform.

(g)     Every stair tread shall be sound and be securely fastened in a substantially level position.

(h)     Every stair tread shall be strong enough to bear a concentrated load of at least 400 pounds without danger of breaking.

(i)     Every porch shall have a sound floor.

(j)     No porch shall have rotting, loose or deteriorating supports.

(Prior code § 78-55)

13-196-580  Residential buildings – Basements and cellars – Maintenance.

Every basement and every cellar shall be maintained in a safe and sanitary condition, and:

(a)     Water shall not be permitted to accumulate or stand on the floor.

(b)     All sewer connections shall be properly trapped.

(c)     All cellar and slab drains shall be covered with grating.

(d)     Junk, rubbish, and waste shall not be permitted to accumulate to such an extent as to create fire hazards or to endanger health or safety.

(Prior code § 78-56)

13-196-590  Residential buildings – Facilities, equipment, chimneys – Maintenance.

Every supply facility, piece of equipment or utility, and every chimney and chimney flue, shall be installed and maintained in a safe and sound working condition.

(Prior code § 78-57)

13-196-600  Residential buildings – Lot grading and drainage.

Every yard, court, vent passageway, and other portions of the lot on which the dwelling stands shall be graded and drained so as to prevent the accumulation of stagnant water on any such surface.

(Prior code § 78-58)

13-196-610  Residential buildings – Responsibilities of owners and occupants – General.

In addition to other applicable provisions of this Code, owners and occupants of residential buildings shall comply with the respective responsibilities imposed upon them by Sections 13-196-620 through and including 13-196-640 of this chapter.

(Prior code § 78-59)

13-196-620  Residential buildings – Responsibilities of occupants.

Every occupant of a family unit must:

(a)     Keep that part of the family unit which he occupies and controls in a clean, sanitary and safe condition;

(b)     Keep all plumbing and other fixtures required by this chapter, whether or not supplied by the landlord, in a clean and sanitary condition, and if supplied by the landlord, must use reasonable care in the proper use and operation thereof;

(c)     If a single-family dwelling unit, exterminate any insects, rodents or other pests therein or on the premises and, if a family unit in a dwelling containing more than one family, exterminate such insects, pests, and rodents whenever his family unit is the only one in the dwelling infested, except as provided in Section 13-196-630 (c);

(d)     Dispose of all garbage and other refuse only in the containers required by Section 7-28-220 of the code and must place such refuse in the containers in a clean and sanitary manner;

(e)     Hang and remove all screens required for the family unit by this chapter unless the owner has agreed to supply such service;

(f)     Not place on the premises any material which may cause a fire hazard or otherwise endangers the health or safety of any occupant of such dwelling, nor place in storage on the premises any furniture, equipment, or material which harbors insects, rodents, or other pests;

(g)     Not permit any family unit let to him to be occupied so that any occupancy resulting therefrom violates any of the provisions of this chapter;

(h)     Provide heating facilities for that part of the family unit he occupies unless such facilities are provided by the owner. Gas appliances designed to be used primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section.

(Prior code § 78-60)

13-196-630  Residential buildings – Responsibilities of owner or operator.

Every owner or operator must:

(a)     Comply with the requirements imposed on him by this chapter;

(b)     Maintain in a clean, sanitary and safe condition the shared or public areas of the dwelling or premises, and maintain and repair any equipment of a type specified in this Code which he supplies or is required to supply;

(c)     Exterminate any insects, rodents or other pests in any family unit, if infestation is caused by the failure of the owner or operator to maintain the dwelling in a ratproof or reasonable insect-proof condition, and he must exterminate such pests in any family unit in the dwelling, regardless of the cause of infestation, if infestation exists in two or more of the family units in the dwelling or in the shared or public parts of any dwelling containing two or more family units; and

(d)     Supply and maintain the facilities for refuse disposal which are required of him by Section 7-28-220.

(Prior code § 78-61)

13-196-640  Residential buildings – Liability to city.

An owner remains liable to the city for violation of duties imposed upon him by this chapter even though:

(a)     An obligation is also imposed on the occupant by this chapter; or

(b)     The owner has by agreement imposed on the occupant the duty of furnishing required equipment or of complying with this chapter.

(Prior code § 78-62)

13-196-641  Application of certain sections.

The provisions of Sections 13-196-530 through 13-196-640, inclusive, shall apply to all existing buildings, regardless of use or occupancy.

(Added Coun. J. 7-25-01, p. 64897, § 12)

13-196-650  Pre-ordinance conversion to existing buildings – Applicability.

A pre-ordinance (built before July 8, 1957) residential building or building of mixed residential occupancy not complying with the requirements in force and applicable to the building at the time of its conversion may, if permitted by the Zoning Ordinance, be altered so as to legalize the present number of dwelling units provided such building complies with all the provisions of Chapter 13-196. For conversions which have added only one additional dwelling unit over the original number permitted, the provisions of Section 13-196-740 shall apply.

(Prior code § 78-63)

13-196-660  Conversion of pre-ordinance buildings – Height limits.

The said pre-ordinance building shall be not more than four stories in height if of ordinary construction, or two stories in height if of frame construction.

(Prior code § 78-64)

13-196-670  Stairwells.

New and existing stairwells are to be separated from all other parts of the building with partitions providing a fire resistance rating of not less than one hour. Stairwells, doors, and frames are to comply with Section 15-8-180. Stair soffits shall be protected with wood lath and plaster, or one hour construction.

(Prior code § 78-65)

13-196-680  Corridors.

Partitions enclosing public corridors must have a fire resistance rating of not less than one hour, and corridor doors and frames are to comply with Section 13-64-020 (b).

(Prior code § 78-66)

13-196-690  Dwelling separations.

Partitions separating dwelling units or between dwelling units and other occupancies, including heating plants must be of one-hour-fire-rated construction.

(Prior code § 78-67)

13-196-700  Partitions.

All partitions are to be of original construction or of a half-hour-fire-rated construction. Existing partitions may be altered or replaced with material allowed in the original structure.

(Prior code § 78-68)

13-196-710  Basement ceiling construction.

Floor construction over the basement shall be a minimum of a half hour construction when the building contains three dwelling units or more.

(Prior code § 78-69)

13-196-720  Heating plants.

Furnaces or other heating plants shall be enclosed with a minimum of a half hour construction when the building contains three dwelling units or more.

(Prior code § 78-70)

13-196-730  Light and ventilation.

Light and ventilation requirements are to comply with code provisions in effect at the time the building was originally constructed or they may comply with present requirements for new construction except as follows:

(a)     A kitchen with a floor of less than 70 square feet may be without either mechanical or natural ventilation if there is an opening of not less than 32 square feet between the kitchen and another room in the same family unit and if the room into which the kitchen opens meets the ventilation requirements of this Code.

(b)     Every toilet room and bathroom shall have adequate ventilation which may be either an openable window with an operable area of five percent of the floor area, mechanical ventilation complying with the requirements of Chapter 13-176*, or a gravity vent flue constructed with incombustible leading to the roof of the building, or a combination of any of these. The gravity vent shall be computed at an aggregate clear area of not less than five percent of the floor area of the room, with a minimum area of at least 120 square inches. Gravity vents shall be provided with a weather cap, directional vane, or rotary type ventilation on roof.

(Prior code § 78-71)

13-196-740  One additional dwelling unit over original allowed – Conditions.

A pre-ordinance (built before July 8, 1957) residential building or building of mixed residential occupancy, not complying with the requirements in force and applicable to the building at the time of its conversion, may be altered so as to legalize one dwelling unit, in addition to the number of dwelling units originally authorized, providing that said unit was determined by the office of the zoning administrator or the zoning board of appeals to have existed prior to July 8, 1957, and provided such building complies with the other provisions of this chapter. Such conversion need not comply with the requirements of the following specific provisions of this chapter:

(a)     Section 13-196-660 (height limits); however, in frame buildings, four or more levels of living space shall be prohibited and in buildings of ordinary construction, with or without attic living space, five or more levels shall be prohibited;

(b)     Section 13-196-050; however, all dwelling units must comply with the exit provisions of Chapter 13-160 except basement dwelling units may have a second exit through a room containing a heating plant;

(c)     Section 13-196-670 (stairwell enclosures);

(d)     Section 13-196-680 (corridor enclosures);

(e)     Section 13-196-690 (dwelling separations);

(f)     Section 13-196-710 (basement ceiling construction); however, if the basement contains a dwelling unit the entire basement ceiling construction is to be wood lath and plaster of half hour construction;

(h)     Section 13-196-720 (heating plants); however, basement apartments are to be separated from heating plants with partitions of one hour construction.

(Prior code § 78-72; Amend Coun. J. 6-14-95, p. 2841)

13-196-750  Heat required.

It shall be the duty of every person owning or controlling the heating plant which furnishes heat to any factory or workshop, to maintain a temperature within such factory or workshop of not less than 68 degrees Fahrenheit without such undue restriction of ventilation as to interfere with proper sanitary conditions therein; provided, however, that this requirement shall not apply to any factory or workshop where the business conducted therein is of such a nature that a higher or lower temperature than 68 degrees Fahrenheit is necessary or expedient for the work, or manufacturing processes of such business; and provided, further, that in all such cases, when such higher or lower temperature is necessary or expedient, the moisture content of the air shall be increased where the temperature is maintained below 68 degrees Fahrenheit or decreased where the temperature is maintained above 68 degrees Fahrenheit in the proper amount to maintain a wet bulb temperature between 54 degrees and 58 degrees Fahrenheit, and in the case of special manufacturing processes where it is necessary or expedient to maintain a wet bulb temperature below or above the extremes herein set forth, the commissioner of buildings shall prescribe and enforce such reasonable precautions and safeguards as will meet the requirements of such special manufacturing processes without endangering the health of the occupants of such factory or workshops. The manner of determining the temperature in all cases where the temperature to be maintained is 68 degrees Fahrenheit shall be the same as in Section 5-4-060, and in all other cases shall be in such practical manner as the commissioner of buildings may determine.

It shall be the duty of any person owning or controlling the heating plant which furnishes heat to any office, store, or other place of employment to maintain a temperature therein of not less than 68 degrees Fahrenheit without such undue restriction of ventilation as to interfere with proper sanitary conditions therein, between the hours of 8:00 A.M. and 6:00 P.M., from October 1st of each year to June 1st of the succeeding year, Sundays and full legal holidays excepted.

The provisions of this section shall apply to every existing building or portion thereof containing a factory or workshop, office, store or other place of employment, as the case may be.

(Prior code § 96-27; Amend Coun. J. 3-31-04, p. 20916, § 2.6)

13-196-760  Endangering health of employees.

Every owner or person in charge of any existing factory shall cause the temperature of every part thereof in which any person may work to be so maintained, and such accommodations and safeguards to be provided as not to cause, by reason of the want thereof or by reason of the condition of any such factory or its appurtenances, unnecessary danger or detriment to the health of any person employed therein.

(Prior code § 96-28; Amend Coun. J. 3-31-04, p. 20916, § 2.7)