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