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F-2 HUD Code Revisions REGION VII REGIONAL OFFICE KANSAS CITY, MISSOURi DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AREA OFFICE ONE GATEWAY CENTER OFFICE BUILDING, 5TH. AHD STATE,' P.O. BOX 1339 KANSAS CITY, KANSAS 66117 Apr±l 18, 1972 AREA OFFICES Kansas City, Kansas Omaha, Nebraska St. Lo,.lis, Missouri IN REPLY REFER TOt Honorable Robert C. Caldwell Mayor of Salina City Hall 300 West .Ash Salina, Kaasas 67401 Dear Mayor Caldwell: 0nApril 3, 1972, this o~fice received supplements to the City's Code. Subsequent review indicates that su. bstantial revision is still needed in order that Workable Program requirements be met. Conse- quently, the codes revisions listed in this letter replace those in Item I (Codes smd Ordinances) of our letter of March 27, 1972. However, Item II (Codes Enforcement Data) of that letter must still receive your response. Necessar~ Codes Revisions A. Upgrade the Housing Code by: authorizing the public officer to act in emergencies without prior notice or hearing. (Wording as the following may be used as a guide: 19.01 ~enever, in the judgment of the (Appropriate Al~hority) an emergency exists which requires immediate action to protect the public health, safety, or welfare, an order may be issued, without notice, conference, or hearing, directing the ovmer, occupant, operator, or agent to take such action as is appro- priate to correct or abate the emergency. If circumstances warrant, the (Appropriate Authority) may act to correct or abate the emergency.) 19.02 The owner, occupant, operator, or agent shall be ~£anted a conference on the matter upon his request, as soon as practicable but such conference shall in no case stay the abatement of correction of such emergency. (APHA MODEL) establishing space requirements (by floor area per occupant) for sleeping rooms in dwel!ing units. (cf model codes, e.g: "In each dwelling unit every room occupied for sleeping pur- poses by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof".) amending Section 16-62 to require minimum floor area per occupant. Eliminate the 400 cubic feet requirement. The present wording of this section is unacceptable in that it would permit the use of an undersized bedroom, i.e., the higher the ceiling, the smaller the floor area. providing light and ventilatSon requirements in accordance with model codes provisions; minimum openab!e area of windows and skylights; minimum window size in relation to floor area in habitable rooms, etc. The 5~minim~ in Sec. 16-57 is unacceptable. deleting the words "containing two or more rooms" in Sec. 16-6~. 6. requiring a supplied oei'iin~ or'wail type electric light fix%ur, in laundry room, furnace room, halls, porches, and corridors. 7., requiring that all electrical wiring and fixtusces be properly installed, maintained in safe and good working order, and shall be connected to the source of electric power ir~,a safe manna r. removing the "grandfather clause" in Sec. 16-60. In addition, expand the below grade occupancy requirements. (cf model codes; e.g: "No dwelling unit partially below grade shall be used for living purposes unless: 1 - Floors and walls are watertight; 2 - Total window area, to~al opens?cie area and ceiling height are in accordance wi~h this code; and 5 - Required minim~n window area of every habi%able room is entirely above the grade of the ground adjoining such window area.") 9. establishing an effective appeals procedure. Note: a. An appeals procedure was established by Section 17 of Ordinance 6900 (1-3-66). Yet, ~his proced~u~e does not appear in the codified Housing Code. 10. 11. 12. Sec. 16-24(4) indicates that an individual aggrieved by a condemnation and placardi~ action may appeal under Sec. 16-43; yet such action has been repealed (cf model codes). Establishing a minimum temperature for hot water. (cf model code; e.g: "Every dwelling shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less amd 120 degrees F. Such water heating facilities shall be capable of meeting the re~mire- ments of this sub-section when the dwelling or dwe!li~unit heating facilities required under the provisions of this ordinance are not in operation".) adding the word "unit" following the word "dwelling" Line 3 of Section 16-68. amending Sections 16-6~ through 16-70 inclusive such that the requirements.for the number of plumbing fixtures ~d their locations are not waived notwithstanding the in~wailability of public water lines and public sewage lines. Upgrade the Electrical Code, by: 1. deleting, in Section 9~181, references to conduit as a requirement. amending Section 9-181 so that it does not conflict with 230-101 of the National Electrical Code (service entrance sizes). deleting Sections 9-184, 9-18~ and 9-186. 4. amending Section 9-179 to substitute the 1971 edition of the National Electrical Code for the 1968 edition. NOTE: HUD Review of this ordinance was based upon the 1968 edition of the National Electrical Code adopted by the city. Since the 1971 edition is now in print, the city is required to adopt that edition. The city is remiuded, however, that since there are differences 4 in the two editions, it must compare any proposed ordinances with provisions of the model code %o ins~re that deficiencies (described in this letter or not) are not adopted. Upgrade the Pl~ing Code, by: 1. deleting the materials restriction contained in the first paragraph of Sec. 9-234.(cf Sec. 1004, Uniform ]?lumbing Code) 2. deleting Section 9-236. 3. adopting the revisions to the Uniform Plnmbing Code (published by the International Association of Plumbing and Mechanical Officials) approved by that body since the original printing March 1970. Upgrade the Fire Prevention Code, by: 1. reinstating all those provisions deleted by Article V of Chapter 12. 2. establishing limits req~redunder Sections 12.!9, 16.22a, 16.61 and 21.6a of the Fire Prevention Code (model). in general, supplying, by ordinance, the information required in the ss~ple ordinance contained in the model Fire Prevention Code. Upgrade the Building Code, by: 1. expanding the administrative provisions to req~lre the issuance of written notices of violations, that'the notice contain a specific period of time allotted for compliance, etc. 2. adopting revisions to the Uniform Building Code approved by that body since the original adoption. General Submit certified copies of final amending ordinances. The City is encouraged to establish right-of-entry provisions for the aforementioned codes in accordance with recent'U.S. Supreme Court decisions: Camara v. Mzmicipal Coum% of San Francisco, 387 U.S. ~23 (1967); See v. City of Seattle, 387 U.S. ~ (1967). If you have any questions, please do not hesitate to contact us. Sincerely, ~/ /~ Thomas F. Brinton Assistant Director Planming and Relocation Branch