§ 22-131. Amendments.

(a)

The insertions, deletions, additions and amendments set out in this section are hereby made to the ICC International Property Maintenance Code/2012 adopted in section 22-130.

(b)

Any reference in the property maintenance code to the "code official" shall mean the director of building and code enforcement of the city.

(c)

Any reference in the property maintenance code to "name of jurisdiction" shall mean the City of Wheaton.

(d)

Any reference in the property maintenance code to the "chief appointing authority" shall mean the city manager or the city council, as prescribed by law.

(e)

Any reference in the property maintenance code to the "department of property maintenance inspection" shall mean the department of building and code enforcement of the city.

(f)

Any reference to the ICC International Zoning Code shall mean the zoning ordinance of the city.

(g)

Any reference in the property maintenance code to the date or time at which the provisions of such code became applicable shall mean the adopted date, which shall be the effective date of the ordinance from which this chapter is derived, or as provided by law.

(h)

The following sections or subsections of the property maintenance code are amended as indicated:

Section 102.3 Application of other codes. Change to read:

Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the codes of the City of Wheaton.

Section 102.6 Historic buildings. Delete in its entirety.

Section 103.5 Schedule of permit fees. Change to read:

Fees shall be paid in accordance with the Wheaton City Code, appendix B, fee schedule.

Section 106.4 Violation penalties. Change to read:

See Wheaton City Code, section 22-3, violations; penalties.

Section 107.2 Form, Items 5 and 6. Delete in their entirety.

Section 110 Demolition. Change to read:

See Wheaton City Code, chapter 22, article XIV, demolition of buildings.

Section 111 Means of appeals. Change to read:

Any references to the board/means of appeal shall comply with the Wheaton City Code, section 22-12, means/board of appeals.

Section 202 General definitions. Change the following definitions to read:

Bedroom . Any room labeled or intended to be used for sleeping purposes in either a dwelling or sleeping unit.

Infestation . The presence, within or contiguous to a structure or premises, of insects, including cockroaches, bedbugs and termites; pest rodents including rats and mice; vermin; or other pests. Visible pest residue or debris constitutes an infestation unless there is clear evidence that the pest is no longer present.

Section 302.1 Sanitation. Change to read:

All exterior property and premises shall be maintained clean, safe, sanitary and free from any accumulation of rubbish or garbage. Rubbish and/or garbage shall not be allowed to accumulate on the property and, until it can be properly disposed of, all rubbish/garbage must be contained so as not to be scattered by winds or marauding animals.

Section 302.4 Weeds. Change to read:

See Wheaton City Code, chapter 78, article IV, weeds.

Section 302.8 Motor vehicles. Change to read:

See Wheaton City Code, chapter 70, article IX, abandoned and inoperable vehicles.

Section 302.9 Defacement of property. Change to read:

See Wheaton City Code section 42-22, graffiti.

Section 303.2 Enclosures. Change the first sentence to read:

Private swimming pools, hot tubs and spas, capable of containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier at least 48 inches in height above the finished ground level measured on the side of the barrier away from the pool.

Section 304.3 Premises identification. Change to read:

All address identification shall comply with Wheaton City Code, section 22-10, premises identification.

Section 304.6 Exterior walls. Add the following:

Exterior masonry walls shall be free from broken or missing mortar and bricks, and shall be maintained by brick replacement, masonry repair, pointing, repainting, and tuck pointing to maintain surface integrity and weatherproofing.

Section 304.7 Roofs and drainage. Change to read:

The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions, including, but not limited to, leaves and vegetative growth. Roof water shall not be discharged in a manner that creates a public nuisance.

Section 304.14 Insect screens. Change to read:

Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Section 305.3 Interior surfaces. Change to read:

All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. Surfaces shall have no signs of chronic or persistent excessive moisture. Materials discolored or deteriorated by water damage shall be cleaned, dried or otherwise repaired and the underlying cause shall be corrected.

Section 308 Rubbish and garbage. Change to read:

308.1 Accumulation of rubbish and garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish and garbage.

308.2 Disposal of rubbish and garbage. Every occupant of a structure shall dispose of all rubbish and garbage in a clean and sanitary manner by placing such rubbish and garbage in approved containers.

308.2.1 Rubbish and garbage storage facilities. The owner/operator of every occupied premises shall supply, and at all times cause to be utilized, approved leak proof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal. The owner/operator of the premises shall be responsible for the removal of rubbish and garbage.

308.2.2 Refrigerators. Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors.

308.3 Screening of containers. Rubbish, garbage or recycling containers of all buildings (except detached single-family dwellings) shall be screened from all public rights-of-way and from any adjacent residential district at grade level. Screening shall be the responsibility of the property owner.

Section 309.4 Multiple occupancy. Change to read:

The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for pest elimination. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination.

Section 602.2 Residential occupancies. Change to read:

Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68 degrees F (20 degrees C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature of -4 degrees F (-20 degrees C). Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.

Section 602.3 Heat supply. Insert the following:

September 15 and June 1.

Section 602.3 Heat supply, Exception 1. Change to read:

When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be -4 degrees F (-20 degrees C).

Section 602.4 Occupiable work spaces. Insert the following:

September 15 and June 1.

Add the following section:

Section 602.6 When failure to furnish heat not offense. Failure to furnish the heat required by this section shall not constitute an offense where it is due to a breakdown of the heating plant, if diligence is used to have such plant repaired, nor where it is due to a strike, to a general shortage of fuel, to any act of the tenant who makes the complaint, or to any cause beyond the owner's control; nor unless notice of such failure to furnish the heat required shall first have been given to the owner or agent of the building.

Add the following section:

Section 608 Requirement to display certificate.

608.1 General. The owner or user shall be responsible to maintain the pressure equipment in safe working order and shall have the boiler or pressure vessel registered and inspected at intervals established by the state. All boilers, pressure vessels, hot water storage tanks and similar equipment which require an inspection by the state shall display a current and valid certificate of inspection within the same room where the equipment is located.

608.2 Certificate of inspection. All boilers including water heaters that exceed 200,000 btu/hr input and located in commercial establishments or multifamily dwellings with six or more units are required to have a valid certificate of inspection issued by the state fire marshal.

608.3 Pressure vessels. Pressure vessels that exceed 15 cubic feet and operate greater than 15 psi also require a certificate of inspection.

(Code 1996, § 22-131; Ord. No. F-1774, § 1(exh. A), 4-21-2014)