§ 13-123. Light, Ventilation and Occupancy Limitations; Section 404, Occupancy Limitations.

(a)

Section 404.1 is amended to read as follows:
" 404.1 Privacy. Dwelling units, rooming units, and dormitory units shall be arranged to provide privacy and shall be separate from other adjoining spaces."

(b)

Section 404.4, entitled "Bedroom and living room requirements" reads as follows:
" 404.4 Bedroom and living room requirements . Every bedroom and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5."
" 404.4.1 Room area . Every living room shall contain not less than 120 square feet (11.2 m ) and every bedroom shall contain not less than 70 square feet (6.5 m ) and every bedroom occupied by more than one person shall contain not less than 50 square feet (4.6 m ) of floor area for each occupant thereof."
" 404.4.2 Access from bedrooms . Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces."
Exception: Units that contain fewer than two bedrooms.
" 404.4.3 Water closet accessibility . Every bedroom shall have access to not less than one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story."
" 404.4.4 Prohibited occupancy . Kitchens and nonhabitable spaces shall not be used for sleeping purposes."
" 404.4.5 Other requirements . Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of Chapter 5; the heating facilities and electrical receptacle requirements of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7."

(c)

Section 404.5, entitled "Overcrowding" is amended to read as follows:
" 404.5 Overcrowding . Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5." For purposes of Section 13-123 of the County Code, occupant is defined as any person over one year of age.

TABLE 404.5
MINIMUM AREA REQUIREMENTS

SPACE	MINIMUM AREA IN SQUARE FEET
	1-2 occupants	3-5 occupants	6 or more occupants
Living room a, b	120	120	150
Dining Room a, b	No requirement	80	100
Bedrooms	Shall comply with Section 404.4.1

 

For SI: 1 square foot = 0.0929 m

^a.  See Section 404.5.2 for combined living room/dining room spaces.

^b.  See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes.

Extensions:

(a)

The Director of the Department of Permitting, Inspections and Enforcement is authorized to grant an extension not to exceed 90 days to comply with a violation of sections 404.4, 404.4.1, 404.4.2, 404.4.3, 404.4.4, 404.4.5, Table 404.5, 404.5.1, 404.5.2, and/or 404.6 of the Housing Code, with the following exceptions for which no extension to comply shall be granted:

1.

Subject dwelling unit is found to have a pending code violation that constitutes an immediate threat to the health or safety of the occupant or public; and

2.

Tenant, occupant, or owners have been found guilty of a public or neighborhood nuisance within a two-year period, pursuant to the County Nuisance Abatement Board.

(b)

In order for an extension to comply to be applied for any tenant, occupant, or owner, the County shall require said tenant, occupant, or owner, to execute an inspection agreement to provide for access to the dwelling unit at a reasonable time for an inspection within 30 days of a violation of sections 404.4, 404.4.1, 404.4.2, 404.4.3, 404.4.4, 404.4.5, Table 404.5, 404.5.1, 404.5.2, and/or 404.6 of the Housing Code.

" 404.5.1 Sleeping Area . The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. Sleeping areas shall comply with Section 404.4."

" 404.5.2 Combined Spaces . Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room."

(d)

Section 404.6, entitled "Efficiency unit," is reads as follows:
" 404.6 Efficiency Unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:

1.

A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet (11.2 m ). A unit occupied by not more than two occupants shall have a minimum clear floor area of 170 square feet (15.7 m ). A unit occupied by not more than three occupants shall have a minimum clear floor area of 220 square feet (20.4 m ). These required areas shall be exclusive of the areas required by Items 2 and 3.

2.

The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.

3.

The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.

4.

The maximum number of occupants shall be three."

(e)

Section 404.7.1 is added to read as follows:
" 404.7.1 Cooking facilities. Every dwelling unit shall contain cooking facilities for the purpose of preparation of food, and such facilities shall be properly installed and operated and kept in a clean and sanitary condition."

(f)

Section 404.7.2 is added to read as follows:
" 404.7.2 Refrigerator for food preservation. Every dwelling unit shall contain a refrigeration unit adequate for the temporary preservation of perishable foods. Such unit shall be capable of maintaining an average temperature below forty-five (45) degrees Fahrenheit. All installations and repairs shall be made in accordance with the provisions of the Building Code, Plumbing Code, Electrical Code, and any other appropriate laws or regulations. The occupant of the dwelling unit shall keep all supplied refrigeration units in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in their proper use and operation."

(g)

Section 404.7.3 is added to read as follows:
" 404.7.3 Cooking equipment. All cooking equipment, components, and accessories shall be maintained free from leaks and obstructions and kept functioning properly so as to be free from fire, health, and accident hazards. Portable cooking equipment employing flame is prohibited for indoor use. The occupant of the dwelling unit shall keep all supplies and cooking equipment in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in their proper use and operation."

(CB-39-2001; CB-37-2017)