§ 6-195. Substandard premises.

(a)

General. Any building or portion thereof that is determined to be an unsafe building in accordance with Section 102 of the Building Code, or 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 conditions referenced in this section 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 are declared to be substandard buildings.

(b)

Inadequate sanitation. Buildings or portions thereof shall be deemed substandard when they are insanitary. Inadequate sanitation shall include, but not be limited to, the following:

(1)

Lack of or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house.

(2)

Lack of or improper water closet, lavatories, and bathtubs or showers per number of guests in a hotel.

(3)

Lack of or improper kitchen sink in a dwelling unit.

(4)

Lack of hot and cold running water to plumbing fixtures in a hotel.

(5)

Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house.

(6)

Lack of adequate heating facilities.

(7)

Lack of or improper operation of required ventilating equipment.

(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.

(10)

Lack of required electrical lighting.

(11)

Dampness of habitable rooms.

(12)

Infestation of insects, vermin or rodents as determined by the Health Officer.

(13)

General dilapidation or improper maintenance.

(14)

Lack of connection to required sewage disposal system.

(15)

Lack of adequate garbage and rubbish storage and removal facilities as determined by the Health Officer.

(c)

Structural hazards. Buildings or portions thereof shall be deemed substandard when they are or contain structural hazards. Structural hazards 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.

(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 of insufficient size to carry imposed loads with safety.

(6)

Members of ceilings, roofs, ceiling and roof supports, or other horizontal members, that sag, split or buckle due to defective material or deterioration.

(7)

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 that list, bulge or settle due to defective material or deterioration.

(9)

Fireplaces or chimneys that are insufficient size or strength to carry imposed loads with safety.

(d)

Nuisances. Buildings or portions thereof in which there exists any nuisance as defined in this Code are deemed substandard buildings.

(e)

Hazardous electrical wiring. Electrical wiring that was installed in violation of code requirements in effect at the time of installation or electrical wiring not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good condition or that is not being used in a safe manner shall be considered substandard.

(f)

Hazardous plumbing. Plumbing that was installed in violation of code requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good condition or that is not free of cross-connections or siphonage between fixtures shall be considered substandard.

(g)

Hazardous mechanical equipment. Mechanical equipment that was installed in violation of code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good and safe condition shall be considered substandard.

(h)

Faulty weather protection. Buildings or portions thereof shall be considered substandard when they have faulty weather protection, which shall include, but not be limited to, the following:

(1)

Deteriorated, crumbling or loose plaster.

(2)

Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors.

(3)

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 that, in the opinion of the chief of the fire department, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered substandard.

(j)

Faulty materials of construction. The use of materials of construction, except those that are specifically allowed or approved by this Code and the Building Code, and that have been adequately maintained in good and safe condition, shall cause a building to be substandard.

(k)

Hazardous or insanitary premises. The accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions on a premises constitutes fire, health or safety hazards that shall be abated in accordance with the procedures specified in this Code.

(l)

Inadequate exits. Except for those buildings or portions thereof that have been provided with adequate exit facilities conforming to the provisions of this Code, buildings or portions thereof whose exit facilities were installed in violation of code requirements in effect at the time of their construction or whose exit facilities have not been increased in number or width in relation to any increase in occupant load due to alterations, additions or change in use or occupancy subsequent to the time of construction shall be considered substandard.

Notwithstanding compliance with code requirements in effect at the time of their construction, buildings or portions thereof shall be considered substandard when the building official finds that an unsafe condition exists through an improper location of exits, a lack of an adequate number or width of exits, or when other conditions exist that are dangerous to human life.

(m)

Inadequate fire-protection or firefighting equipment. Buildings or portions thereof shall be considered substandard when they are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this Code, except those buildings or portions thereof that 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, alteration or addition, or any change in occupancy.

(n)

Improper occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes that were not designed or intended to be used for such occupancies shall be considered substandard.

(o)

Faulty smoke detectors or insufficient number of smoke detectors . Buildings or portions thereof shall be considered substandard when they are not provided with the proper number of smoke detectors as required by the City of Fort Stockton Fire Code or have allowed faulty or defective smoke detectors in a dwelling unit.

(p)

Improperly maintained roofs. Roofs shall be maintained in good condition to prevent buckling, rotting, curling, or other defects. In the event that an improperly maintained roof is found to be failing, the city may require repair or replacement of the roof to prevent consequential damage to the structure. Roof replacement materials, if not replaced on the entirety of the surface, shall be a similar material and appearance of the existing roof. Roof defects, when accompanied by other minimum housing violations, shall establish grounds for an interior inspection of the dwelling to determine failure of the roof and the existence of other deficiencies related thereto.

(q)

Unsecured buildings. Any building that is vacant and open. A building is open if any door, window or other opening is not securely closed to prevent unauthorized entry.

(r)

Open flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within ten (10) feet of combustible construction.

(s)

Exceptions:

(1)

One- and two-family dwellings.

(2)

Where buildings, balconies and decks are protected by an automatic sprinkler system.

Liquefied-petroleum-gas-fueled cooking devices (LP gas) with a water capacity greater than five (5) pounds shall not be located on combustible balconies or within ten (10) feet of combustible construction.

(Ord. No. 10-111, 7-27-10; Ord. No. 11-103, 2-22-11; Ord. No. 15-102 , 7-27-15)