HomeMy WebLinkAboutORD NO 1421 ORDINANCE NO. 1421 , NEW SERIES
AN ORDINANCE ADDING CHAPTER 13.64 (HOUSING
CODE) TO THE MUNICIPAL CODE OF THE CITY OF
BAKERSFIELD,
BE IT ORDAINED by the Council of the City of Bakersfield
that Chapter 13.64 entitled "Housing Code" be and the same is hereby
added to the Municipal Code to read as follows:
CHAPTER 13.64
HOUSING CODE
Sections:
13,64,010 Title.
13.64.020 Purpose.
13.64,030 Scope.
13.64o040 Enforcement,
13.64.050 Substandard Buildings.
13.64.060 Housing Advisory and Appeals Board,
13.64,070 Enforcement Procedure.
13.64.080 Violations and Penalties.
13.64o090 Permits and Inspections.
13o64,100 Fees.
13,64. 110 Inspection.
13,64. 120 Definitions.
13.64,130 Space and Occupancy Standards.
13o64o 140 Yards and Gourts,
13.64. 150 Room Dimensions.
13.64. 160 Light and Ventilation,
13.64. 170 Sanitation.
13.64o 180 Structural Requirements.
13.64.190 Heating and Ventilation.
13.64.200 Exits.
13.64.210 Fire Protection.
13.64. 220 Subs tandard Buildings.
13.64.230 Correction Procedure.
13.64.010 Title. This ordinance shall be known as the Housing
Code of the City of Bakersfield.
13.64.020 Purpose. The purpose of this Code is to provide
minimum requirements for the protection of life, limb, health,
property, safety, and welfare of the general public and the owners
and occupants of residential buildings.
13.64.030 Scope. (a) Application. The provisions of this
Code shall apply to all buildings or portions thereof used, or
designed or intended to be used, for human habitation. Such occu-
pancies in existing buildings may be continued as provided in
Section 104 (g) of the Uniform Building Code, except such structures
as are found to be substandard as defined in this Code.
Where any building or portion thereof is used or intended to
be used as a combination apartment house - hotel, the provisions
of this Code shall apply to the separate portions as if they were
separate buildings.
Every rooming house or lodging house shall comply with all
the requirements of this Code for dwellings.
(b) Alteration. Existing buildings which are altered or
enlarged shall be made to conform to this Code insofar as the new
work is concerned and in accordance with Section 104, (a)
(d) and (e) of the Uniform Building Code.
(c) Relocation. Existing buildings which are removed or
relocated within the City shall be considered as new buildings and
shall comply with all the requirements of this Code.
13.64o040 Enforcement. (a) Authority. The Building Official
is authorized and directed to administer and enforce all of the
provisions of this Code concerning structural~ zoning, plumbing
and electrical requirements° The Health Officer is authorized and
directed to enforce all provisions of this Code concerning health
and sanitation. The Fire Marshal is authorized and directed to
enforce all the provisions of this Code concerning fire protection.
The Building Official shall ~:'oor~ina't'e the enforcement of this
Code.
(b) Right of Entry. Upon presentation of proper credentials
the Building Official or his duly authorized representatives may
enter between the hours of 8 o~clock A.M. and 5 o'clock P.M. any
building, structure, or premises in the city to perform any duty
imposed upon him by this Code.
(c) Responsibilities Defined. Every owner remains liable for
violations of duties imposed upon him by this Code even though an
obligation is also imposed on the occupants of his building, and
even though the owner has, by agreement, imposed on the occupant
the duty of furnishing required equipment or of complying with this
Code.
Every owner, or his agent, in addition to being responsible
for maintaining his building in a sound structural condition, shall
be responsible for keeping that part of the building or premises
which he occupies or controls in a clean, sanitary, and safe con-
dition~ including the shared or public areas in a building containing
two or more dwelling units.
Every owner shall, where required by this Code, the health
ordinance or the health officer, furnish and maintain such approved
sanitary facilities as required, and shall furnish and maintain
approved devices, equipment, or facilities for the .Rrevention of
insect and rodent infestation, and where infestation has taken
place, shall be responsible for the extermination of any insects,
rodents, or other pests when such extermination is not specifically
m-de the responsibility of the occupant by law or ~uling.
Every occupant of a dwelling unit, in addition to being
responsible for keeping in a clean, sanitary, and safe condition
that part of the dwelling or dwelling unit or premises which he
occupies and controls, shall dispose of all his rubbish, garbage,
and other organic waste in a manner required by the health
ordinance and approved by the health officer..
Every occupant shall, where required by this Code, the health
ordinance or the health officer, furnish and maintain approved
devices, equipment or facilities necessary to keep his premises
safe and sanitary.
13.64.050 Substandard Buildings. All buildings or portions
thereof which are detemined to be substandard as defined in this
Code are hereby declared to be public nuisances and shall be abated
by repair, rehabilitation, demolition, or removal in accordance
with the procedure specified in Section 203 of the Uniform Building
Code.
13,64.060 Housing Advisory and Appeals Board, In order to
provide for reasonable interpretation of the provisions of this Code
and to avoid unnecessary hardship in its enforcement there is
hereby created a Housing Advisory and Appeals Board. The Board
shall consist of five members who are qualified by experience and
training to pass upon matters pertaining to housing. The Board
members shall be appointed for four-year terms by the City Council
and shall hold office at its pleasure. The Board shall adopt rules
and regulations for the conduct of its business. Ail decisions of
the Board shall be made in writing.
The Board shall have Jurisdiction to review all orders issued
by the Building Official, the Health Officer, the Fire Marshal, and
their subordinates pursuant to this Code and the Board may affirm,
modify or set aside any such order. All decisions of the Board
shall be final and conclusive.
13.64.070 Enforcement Procedure. The enforcing official
shall give the owner and/or occupant of any structure determined
to be in violation of this Code a written notice stating the nature
of the violations and ordering the correction of said violations
within thirty (30) days after the date of the notice.
Any person receiving a notice of violation of this Code from
an enforcement officer shall have the right to appeal to the Housing
Advisory and Appeals Board. Such appeal must 'be made within
fifteen (15) days following the issuance of a notice of violation
by filing a written notice of appeal with the Secretary of the
Housing Advisory and Appeals Board.
During the pendency of an appeal no civil or criminal action
at law shall be taken against the appellant.
13.64.080 Violations and Penalties. It shall be unlawful for
any person, firm, or corporation to erect, construct, enlarge, alter~
repair, move, improve, remove~ convert, or demolish~ equip, use,
occupy or maintain any building or structure in the city, or cause
or permit the same to be done, contrary to or in violation of any
of the provisions of this Code.
Any person, firm, or corporation violating any of the provisions
of this Code shall be guilty of a misdemeanor, and each such person
shall be deemed guilty of a separate offense for each and every day
or portion thereof during which any violation of any of the provisions
of this Code is courted, continued, or permitted, and upon con-
viction of any such violation such person shall be punishable by
a fine of not more than $300.00, or by imprisonment for not more
than 90 days, or by both such fine and imprisonment.
13.64.090 Permits and Inspections. No person, firm, or
corporation shall erect, construct, enlarge, alter, repair, move,
improve, remove,convert, or demolish any building or structure, or
cause or permit the s~me to be done, without first obtaining a
separate building permit for each such building or structure from
the Building Official in the manner and according to the applicable
conditions prescribed in Chapter 3 of the UniformBuilding Code.
13.64.100 Fees. Whenever a building permit is required by
Section 10.64.090 of this Code, the appropriate fees shall be paid
to the Building Official as set forth in Section 303 of the Uniform
Building Code.
13.64.110 Inspection. All buildings or structures within
the scope of this Code and all construction or work for which a
permit is required shall be subject to inspection by the Building
Official in accordance with and in the manner provided by this
Code and Sections 304 and 305 of the UniformBuilding Code.
13.64.120 Definitions. For the purpose of this Code, certain
abbreviations, terms, phrases, words and their derivatives shall
be construed as'specified in this Chapter. Words used in the singular
include the plural and the plural the singular. Words used in the
masculine gender include the feminine, and the feminine the mascu-
line. Terms, words, phrases, and their derivatives used but not
specifically defined in this Code shall have the meaning defined
in Chapter 4 of the UniformBuilding Code.
APARTMENT. Apartment shallmean a dwelling unit as defined
in this Code.
APAR]~IENT HOUSE. Apartment house is any building, or portion
thereof, which is designed, built, rented, leased, let, or hired
out to be occupied, or which is occupied as the home or residence
of three or more families living independently of each other in
6.
dwelling units as defined in this Code.
APPROVED. Approved as to materials and types of construction~
refers to approval by the Building Official as the result of
investigation and tests conducted by him~ or by reason of accepted
principles or tests by national authorities~ technical or scientific
organizations.
BASEMENT. Basement is that portion of a building between
floor and ceiling, which is partly below and partly above grade
(as defined in this Chapter)~ but so located that the vertical
distance from grade to the floor below is less than the vertical
distance from grade to ceiling. (See definition of "Story°")
BOARDING HOUSE. Boarding house is a lodging house in which
meals are provided.
BUILDING. Building shall mean any building or structure~ or
portion thereof~ which is used~ or designed or intended to be used
for human habitation~ for living~ sleeping~ cooking~ or eating
purposes or any combination thereof°
BUILDING~ EXISTING. Existing building is a building erected
prior to the adoption of this Code~ or one for which a legal
building permit has been issued.
BUILDING OFFICIAL. Building Official is the officer charged
with the administrate'on and enforcement of this Code, or his
regularly authorized deputy.
CEILING HEIGHT. Ceiling height shall be the clear vertical
distance from the finished floor to the finished ceiling.
CELLAR. Cellar is that portion of a building between floor
and ceiling which is wholly or partly below grade (as defined in
this Chapter) and so located that the vertical distance from grade
to the floor below is equal to or greater than the vertical distance
from grade to ceiling. (See definition of "Story.")
COURT. Court is an open, unoccupied space extending not more
than twenty-four inches (24") below finish grade and bounded on
two or more sides by the walls of the building. An inner court
is a court entirely within the exterior walls of a building. Ail
other courts are outer courts.
DORMITORY. Dormitory is a room occupied by more than two guests.
DWELLING. Dwelling is any building or any portion thereof,
which is not an "Apartment House," a "Lodging House," or a
"Hotel" as defined in this Code, which contains one or two
"Dwelling Units" or "Guest Rooms," used, intended, or designed to
be built, used, rented, leased, let or hired out to be occupied, or
which are occupied for living purposes ..
DWELLING UNIT. Dwelling unit is a suite of two or more
habitable rooms which are occupied or which are intended or designed
to be occupied by one family with facilities for living, sleeping,
cooking and dining.
EFFICIENCY LIVING UNIT. Efficiency living unit is any room
having cooking facilities used for combined living, dining, and
sleeping purposes and meeting the requirements of Section 13.64.150
(b), Exception.
EXIT. Exit is a continuous and unobstructed means of egress
to a public way, and shall include intervening doorways, corridors,
ramps, stairways, smokeproof enclosures, horizon~al exits, exit
courts, and yards.
FAMILY. Family is an individual or two or more persons
related by blood or marriage, or a group of not more than five
persons (excluding servants), who need not be related by blood or
marriage, living together in a dwelling unit.
FIRE MARSHAL. Fire Marshal shall be the Fire Marshal of the
City Fire Department.
GRADE (GROUND LEVEL). Grade (Ground Level) is the average of
the finished ground level at the center of all walls of a building.
In case walls are parallel to and within five feet (5') of a
sidewalk, the above' ground level shall be measured at the sidewalk.
GUEST. Guest is any person hiring or occupying a room for
living or sleeping purposes.
GUEST ROOM. Guest room is any room or rooms used, or intended
to be used, by a guest for sleeping purposes. Every one hundred
square feet (100 sq. fro) of superficial floor area in a dormitory
is a guest room.
HABITABLE ROOM. Habitable room shall mean any room meeting
the requirements of this Code for sleeping, living, cooking, or
dining purposes excluding such enclosed places as closets, pantries,
bath or toilet rooms, service rooms, connecting corridors,
laundries, unfinished attics, foyers, storage spaces, cellars,
utility rooms and s{mtlar spaces.
HEALTH OFFICER. Health Officer shall be the legally designated
Health Officer of this City.
HOT WATER. Hot water shall be water at a temperature of not
less than 120" F.
HOTEL. Hotel is any building containing six or more ~uest
rooms intended or designed to be used, or which are used, rented
or hired out to be occupied, or which are occupied for sleeping
purposes by ~uests, whether rent is paid in money, goods, labor or
otherwise. It does not include any jail, hospital, asylum, sani-
tarium, orphanage, prisons, detention home, or other institution in
which human beings are housed and detained under legal restraint.
INTERIOR LOT. Interior lot is a lot other than a corner lot.
KITCHEN. Kitchen shall mean a room used, or designed to be
used, for the preparation of food.
°
LODGING HOUSE. Lodging house is any building, or portion
thereof, containing not more than five guest rooms which are used
by not more than five guests where rent is paid in money, goods,
labor or otherwise. A Lodging house shall comply with all of the
requirements of this Code for dwellings.
NUISANCE. The following shall be defined as nuisances:
(a) Any public nuisance known at common law or in equity
j urisprudence.
(b) Any attractive nuisance which may prove detrimental
to children whether in a building, on the premises of
a building, or upon an unoccupied lot. This includes
any abandoned wells, shafts, basements, or exca-
vations; abandoned refrigerators and motor vehicles;
or any structurally unsound fences or structures; or
any lumber, trash, fences, debris, or vegetation which
may prove a hazard for inquisitive minors°
OCCUPIED SPACE. The total area of all buildings or structures
on any lot or parcel of ground projected on a horizontal plan
excluding..permitted projections as allowed by this Code.
ROOMING HOUSE. See Lodging House.
SERVICE ROOM. Service room shall mean any room used for
storage, bath or utility purposes, and not included in the defi-
nition of habitable rooms.
STORY. Story is that portion of a building included between
the upper surface of any floor and the upper surface of the floor
next above, except that the topmost story shall be that portion of
a building included between the upper surface of the topmost floor
and the ceiling or roof above. If the finished floor level directly
above a basement or cellar is more than six feet (6') above grade,
such basement or cellar shall be considered a story°
10.
SUBSTANDARD BUILDING. (See 13.64.050).
SUPERFICIAL FLOOR AREA. Superficial floor area shall mean
the net floor area within the enclosing walls of the room in which
the ceiling height is not less than five feet (5~) , excluding
built-in equipment such as wardrobes, cabinets, kitchen units~ or
fixture s.
UNIFORM BUILDING CODE shall mean the Uniform Building Code,
Volume 1, 1958 Edition, published by the International Conference
of Building Officials as designated in Title 13 of the Bakersfield
Municipal Code.
USED. Used shall mean used or designed or intended to be used.
VENT SHAFT. Vent shaft is a court used only to ventilate or
light a water closet, bath~ toilet, or utility room or other
service room.
WINDOW. Window shall mean a glazed opening~ including glazed
doors, which open upon a yard, court, or recess from a court, or
a vent shaft open and unobstructed to the sky.
YARD. Yard is an open, unoccupied space, other than a court,
unobstructed from the ground to the sky, except where specifically
provided by this Code, on the lot on which a building is situated.
13.64.130 This section shall apply to'location of buildinKs
on the property. (a) Access to Public Property. All buildings
shall be located with respect to property lines and to other
buildings on the same property as required by Section 504 and Table
No. 5-A of the Uniform Building Code. Each dwelling unit and each
guest room in a dwelling or lodging house shall have access to a
passageway, not less than three feet (3~) in width, leading to a
public street or alley. Each apartment house or hotel shall have
access to a public street by means of a passageway not less than
five feet (5') in width.
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(b) Occupied Space. The occupied space of all lots shall
comply with the provisions of Title Seventeen of the Hunicipal Code.
13.64.140 Yards and Courts. (a) Scope. This Section shall
apply' to yards and courts having required w~ndows opening therein.
(b) Yards. Front, rear and side yards shall be in accordance
with the requirements of Title Seventeen of the Municipal Code.
(c) Courts. Every court in a dwellin§ shall be not less than
four feet (4~) in width nor ten feet (107) in len§th. Except in
a dwelling~ every court in a building one or two stories in
height shall be not less than six feet (6t) in width nor twelve
feet (12~) in length. For courts ~ore than two stories in height
the court shall be increased one foot (1t) in width and two feet
(2~) in length for each additional story. Adequate access shall
be provided to the bottom of all courts for cleaning purposes.
Every court more than ~wo stories in height shall be provided with
a horizontal air intake at the bottom not less than ten square feet
(10 sq. ft.) in area and leading to the exterior of the building
unless abuttin~ a yard or public space. The construction of the
air intake shall be as required for the court walls of the
building~ but in no case shall be less than one-hour fire-resistive.
(d) Pro_tection into Yards. All projections shall comply
with the prov~sions of Title Seventeen of the Hunicipal Code.
13.64.150 Room Dimensions (a) CeilinK Height. Habitable
rooms and service rooms in all occupancies shall have a ceiling
height of not less than seven feet, six inches (?~6"). In rooms
with sloping ceilings the required ceiling height shall be provided
in a least 50 per cent of the room and no portion of any room
having a ceiling height of less than five feet (5~) shall be con-
sidered as contributing to the minimum areas required by Subsection
(b) of this Section.
12.
(b) Superficial Floor Area, Every dwelling unit shall have
at least one room which shall have not less than one hundred and
twenty square feet (120 sq. ft.) of superficial floor area. Every
room which is used for both cooking and living or both living and
sleeping purposes shall have not less than one hundred and fifty
square feet (150 sq. ft.) of superficial floor area. Every room
used for sleeping purposes shall have not less than ninety square
feet (90 sq. fro) of superficial floor area° Where more than two
persons occupy a room used for sleeping purposes the required
superficial floor area shall be increased at the rate of fifty
square feet (50 sq. ft.) for each occupant in excess of two°
Every kitchen shall have not less than fifty square feet (50
sq. ft.) of superficial floor area°
EXCEPTION: Nothing in this Section shall prohibit the
use of an efficiency living unit meeting the following
requirements:
1. Such efficiency living unit shall have a living room
of not less than two hundred and twenty square feet (220
sq. fro) of superficial floor area. An additional one
hundred square feet (100 Sqo fro) of superficial floor
area shall be provided for each occupant of such unit in
excess of two.
2. Entry from the public space to the living room shall
be through a foyer.
3. Such efficiency living unit shall be provided with a
separate dressing closet of such size as to provide 'for
adequate circulation and storage.
4. Such efficiency living unit shall be provided with
a kitchenette not less than three feet by five feet (3' x 5')
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in size. Such kitchenette shall be accessible from the
living room or foyer only; shall be enclosed by a door
or doors; shall be equipped with a tenant-operated
electric exhaust fan connected to the outside air; and
shall be equipped and arranged for complete kitchen use.
5. Such efficiency living unit shall be provided with a
separate bathroom meeting the requirements of this Code.
Such bathroom shall be accessible from the foyer or dressing
closet only.
(c) Width. No habitable room shall be less than seven feet
(7') in any dimension and no water closet space less than thirty
inches (30") in width and there shall be not less than two feet,
six inches (2' 6") clear space in front of each water closet.
13.64.160 Light and Ventilation. (a) Habitable Rooms.
Every habitable room shall have an aggregate window area of not
less than one-eighth of the floor area nor twelve square feet
(12 sq. ft.) whichever is greater.
(b) Service Room. Every service room except' closets shall
have an aggregate window area of not less than one-twelfth of the
floor area or six square (6 sq. ft.) whichever, is greater. Such
rooms in dwellings shall have not less than three square feet
(3 sq. ft.) of window area.
(c) Porches. Required windows shall open on a street, yard,
or court either directly or through a porch having a minimum clear
height of not less than seven feet (7'). Such porch shall be at
least 50 per cent open on at least one side or on both ends.
(d) Vent Shaft. A required window in a service room may open
into a vent shaft which is open and unobstructed to the sky and not
less than four feet (4') in least dimension. No vent shaft shall
14.
extend through more than two stories.
(e) Openable Window Area. One-half of the required window
area in all rooms shall be openable.
(f) Hallways. Ail public hallways, stairs, and other exit-
ways shall be adequately lighted at all times in accordance with
Section 3312 (a) of the Uniform Building Code.
(g) Mechanical Ventilation. A system of mechanical venti-
lation or air conditioning approved by the Building Official may
be used in lieu of openable windows. Such system shall provide
not less than four air changes per hour, except that in toilet
compartments such system shall provide a complete air change every
five minutes.
Toilet compartments and bathrooms ventilated in accordance
with this Subsection may be provided with artificial light.
13.64.170 Sanitation (a) Dwelling Units. Every dwelling
unit shall be provided with a water closet, a lavatory, and a bath
tub or shower.
(b) Motels. Where private water closets, lavatories, and
baths are not provided, there shall be provided on each floor for
each sex at least one water closet and lavatory and one bath
accessible from a public hallway. Additional water closets,
lavatories, and baths shall be provided on each floor for each sex
at the rate of one for every additional 10 guests, or fractional
number thereof, in excess of 10. Such facilities shall be clearly
marked for "Men" or '~omen."
(c) Kitchen. Each dwelling unit shall be provided with a
kitchen. Every kitchen shall be provided with a kitchen sink. No
wooden sink or sink of similarly absorbent material shall be
permitted.
15.
(d) Fixtures. All plumbing fixtures shall be connected to ,
a sanitary sewer or to an approved private sewage disposal system.
Ail plumbing fixtures shall be connected to an approved system of
water supply and provided with hot and cold running water, except
water closets shall be provided with cold water only.
Ail plumbing fixtures shall be of an approved glazed earthen-
ware type or of a similarly nonabsorbent material.
(e) Water Closet CompartmmntSo Walls and floors of water
closet compartments except in dwellings shall be finished in
accordance with Section '%711 of the Uniform Building Code. Water
Closet compartments in dwellings shall be finished with approved
nonabsorbent materials.
(f) Room Separations. No room used for the preparation of
food shall be used for sleeping purposes and no room housing a
water closet shall open directly into any room used for the
preparation of food.
(g) Installation and Mainte~nce. All sanitary facilities
shall be installed and maintained .in safe and sanitary condition
and in accordance with all applicable laws..
Every water closet, bathtub, or shower required by this Code
shall be installed in a room which will afford privacy to the
occupant.
13.64.180 Structural Re~uirem~n~So (a) General. Buildings
or structures may be of any type of construction permitted by the
Uniform Building Codeo Roofs, floors, walls, foundations, and all
other structural components of buildings shall be capable of
resisting any and all forces and loads to which they may be sub-
jected. Ail structural elements shall be proportioned and joined
in accordance with the stress limitations and design criteria as
16.
specified in the appropriate sections of the Uniform Building Code.
Buildings of every permitted type of construction shall comply
with the applicable requirements of the Uniform Building Code.
(b) Shelter. Every building shall be weather protected so
as to provide shelter for the occupants against the elements and
to exclude dampness.
(c) Protection of Materials. All wood shall be protected
against termite damage and decay as provided in the Uniform
Building Code.
13.64,190 Heating and Ventilation. (a) Heating. Every
dwelling unit and guest room shall be provided with heating facilities
capable of maintaining a room temperature of 70° F. at a point three
feet (3') above the floor in all habitable rooms. Such facilities
shall be installed and maintained in a safe condition and in
accordance with Chapters 37 and 51 of the Uniform Building Code and
all other applicable laws. No unvented or open flame gas heater
shall be permitted. Ail heating devices or appliances shall be of
an approved type.
(b) Electrical Equipment. Ail electrical equipmmnt, wiring,
and appliances shall be installed and maintained in a safe manner
in accordance with all applicable laws. All electrical equipment
shall be of an approved type.
Where there is electrical power available within three hundred
feet (300~) of the premises of any building, such building shall
be connected to such electrical power. Every habitable room shall
contain at least two supplied electric convenience outlets or one
such convenience outlet and one supplied electric light fixture.
Every water closet compartment, bathroom, laundry room, furnace
loom, and public hallway shall contain at least one supplied
electric light fixture.
17.
(c) Ventilation. Ventilation for rooms and areas and for
fuel-burning appliances shall be provided as required in 6~apter
51 of the Uniform Building Code and in this Code. Ventilating
equipment shall be of approved types, installed and maintained in
a safe manner and in accordance with Chapter 37 of the Uniform
Building Code and all other applicable laws. Where mechanical
ventilation is provided in lieu of the natural ventilation required
by Section 13.64.160 of this Code, such mechanical ventilating
system shall be maintained in operation during the occupancy of
any building or portion thereof.
13.64.200 Exits. Every dewllin§ unit or guest room shall
have access directly to the outside or to a public corridor. Ail
buildings or portions thereof shall be provided with exits, exit-
ways, and appurtenances as required by Chapter 33 of the Uniform
Building Code.
13o64.210 Fire Protection. Ail buildings or portions thereof
shall be provided with the degree of fire-resistive construction
as required by the Uniform Building Code for the appropriate
occupancy, type of construction, and location on property or in
fire zone; and shall be provided with the appropriate fire-
extinguishing systems or equipment required by Chapter 33 of the
Uniform Building Code.
13.64. 220 Substandard Buildi-~s. Definition. (a) General.
Any building or portion thereof including any dwelling unit, guest
room or suite of rooms, or the premises on which the same is
located, in which there exists any of the following listed conditions
to an extent that endangers the life, limb, health, property, safety,
or welfare of the public or the occupants thereof shall be deemed
and hereby is declared to be a substandard building:
18.
(b) Inadequate Sanitation, which shall include but not be
limited to the following:
1. Lack of water closet, lavatory, bath tub or shower in a
dwelling unit.
2. Lack of water closets, lavatories, and bath tubs or showers
per number of guests in a hotel.
3. Lack of kitchen sink as required by Section 13.64.170 (c).
4. Lack of hot and cold running water to pb~mbing fixtures
in a hotel.
5. Lack of hot and cold running water to plumbing fixtures in
a dwelling unit.
6. Lack of adequate heating facilities as defined in Section
13.64.190 of this Code°
7. Lack of ventilating equipment as required by Section
8. Lack of minimum amounts of natural light and ventilation
required by this Code.
9° Room and space dimensions less than required by this Code.
10o Lack of electrical lighting as required by all applicable
laws.
11. Infestation of insects, vermin or rodents as determined
by the Health Officer. :
12. General dilapidation or improper maintenance.
13. Lack of connection to required sewage disposal system.
(c) Structural Hazards, which shall include but not be
limited to the following:
1. Deteriorated or inadequate foundations°
2. Defective or deteriorated flooring or floor supports.
3. Flooring or floor supports of insufficient size to carry
imposed loads with safety.
19.
4. Members of walls, partitions, or other vertical supports
that split~ lean. list. or buckle due to defective material or
deterioration.
5. Members of walls~ partitions, or other vertical supports
that are insufficient size to carry imposed loads with safety.
6o Members of ceilings~ roofs~ ceiling and roof supports or
other horizontal members which sag. split, or buckle due to defective
material or deterioration.
?o Members of ceilings~ roofs, ceiling and roof supports, or
other horizontal members that are of insufficient size to carry
imposed loads with safety.
8. Fireplaces or chimneys which list. bulge, or settle~ due
to defective material or deterioration.
9. Fireplaces or chimneys which are of insufficient size or
strength to carry imposed loads with safety.
(d) Nuisance. Any nuisance as defined in this Code.
(e) Hazardous WirinK. All wiring except that which conformed
with all applicable laws in effect at the time of installation and
which has been maintained in good condition and is being used in a
safe manner.
(f) Hazardous PlumbinK. All plumbing except that which con-
formed with all applicable laws in effect at the time of installation
and which has been maintained in good condition and which is free
of cross connections and siphonage between fixtures.
(g) Hazardous Mechanical Equipment. Ail mechanical equipment.
including vents~ except that which conformed with all applicable
laws in effect at the time of installation and which has been
maintained in good and safe condition.
(h) Faulty Weather Protection. which shall include but not
be limited to the following:
20.
1. Deteriorated, crumbling, or loose plaster.
2. Deteriorated or ineffective waterproofing of exterior
walls, roof, foundations, or floors, including bro~n windows or
doors ..
3o Defective or lack of weather protection for exterior
wall coverings, including lack of paint, or weathering due to
lack of paint or other approved protective covering.
4. Broken, rotted, split, or buckled exterior wall coverings
or roof coverings.
(.i) . Fire Hazard. Any building or portion thereof, device,
apparatus, equipment, combustible waste, or vegetation maintained
in violation of the Fire Prevention Ordinance.
(j) Faulty Materials of Construction° Ail materials of
construction except those which are specifically allowed or
approved by this Code and the Uniform Building Code, and which
have been adequately maintained in good and safe condition.
(k) Hazardous or Unsanitary Premises. Those premises on
which an acc,,mulation of weeds, vegetation, junk, dead organic
matter, debris, garbage, offal, rat harborages, stagnant water,
combustible materials, and similar materials or conditions
constitute fire, health, or safety hazards.
(1) Inadequate Maintenance. Any building or portion thereof
which is determined to be an unsafe building in accordance with
Section 203 of the Unifo~--, Building Code.
(m) Inadequate Exits. All buildings or portions thereof not
provided with adequate exit facilities as required by this Code
except those buildings or portions thereof whose exit facilities
conformed with all applicable laws at the time of their construction
and which have been adequately maintained and increased in relation
to any increase in occupant load, alteration or addition, or any
change in occupancy.
21.
(n) Inadequate Fire Protection of Fire-Fi~htin~ Equipment.
All buildings or portions thereof which are not provided with the
fire-resistive construction or fire-extinguishing systems or
equipment required by this Code, except those buildings or portions
thereof which conformed with all applicable laws at the time of
their construction and whose fire-resistive integrity and fire-
extinguishing systems or equipment have been adequately maintained
and improved in relation to any increase in occupant load, alter-
ation or addition, or any change in occupancy.
(o) Improper Occupancy. Ail buildings or portions thereof
occupied for living, sleeping, cooking or dining purposes which
were not designed or intended to be used for such occupancies.
13.64.230 Correction Procedure. (a) General. Whenever the
Building Official determines by inspection that an existing building
or portion thereof is substandard, he shall order the building or
portion thereof vacated and shall institute proceedings to effect
the repair or rehabilitation of the building or portion thereof.
If such repair or rehabilitation is impractical he 'shall then order
such building or portion thereof removed or demolished. The owner
or other person affected shall have the right to appeal to the
Board of Appeals in accordance with Section 13.64o060 of this Code.
(b) Notice to Owner. The Building Official shall give notice
to the owner, or other responsible person, in accordance with the
procedure specified in Section 203 (b) of the Unifoi-... Building Code.
~) '. ':.Procedure. Any building or portion thereof found to be
substandard as defined in Section 13.64.220 of this Code shall be
repaired, rehabilitated, demolished, or removed in accordance with
the procedure specified in Section 203 of the Uniform Building Code.
o0o
22.
I HEREBY CERTIFY that the foregoing Ordinance was passed and
adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 28th day of MaF s 1962s by the
following vote:
AYE~ BALFANZ., CROE~, DOOLIN, MARCH~ANKS, MOSSMAN, RUCKER, STIEEN
NOE~
Council of the City of Bakersfield.
APPROVED this 28th day of May , 1962.
·
of r ar es
STATE OF CALIFORNIA, ~
CoUnty of Kern~ ss. ~
MARIAN S. IRVIN, being duly sworn, depose~ and says:
That she is the duly'appointed, acting and quali~ed City Clerk of the City of Bakersfield; and that
on ............ ..t...h..e._.2...9..~..h._..~.a.y.....o...f.....M.~y4 ........................... ,19..~.2... she posted on the Bulletin Board at
the City Hall, a fall, true and correct copy of an ordinance passed by the Counci~ of said City at a
meeting thereof duly 'held on.....~....2..6.~]~...day_.o~..~y.~ ..................... ,19..52., which ord~s~ce
was numbered .........~.2.~ ........ ~ ....... New Series, and entitled:
AN ORDINANCE ADDING CHAPTEI~ 1:9.64 (HOUSING
CODE) TO THE MUNICIPAL CODE OF THE CITY OF'
BAEERSF IELD.
Subscribed and sworn to before me this
,,-~:-.".' :29th day of ................. ..M..a.y., ................... , 19.....6.__2.
,~-' .~.-. ~.. :7: ........ ~----
...--.....