Ordinance 12-27

This ordinance repeals and replaces the current Title 16. Currently Title 16 is named “Housing Inspection”, this ordinance proposes to rename the Title to “Residential Rental Unit and Lodging Establishment Inspection Program”, so that the name of the Title more accurately reflects what the ordinance itself actually regulates. In addition to a name change, this ordinance proposes that the current two Chapters be morphed into ten Chapters, in an effort to better differentiate the regulations within the Title and to make the ordinance more streamlined and easy to read and navigate for both City staff and City residents. The ten new Chapters are entitled: Ordinance Foundation; Definitions; Administration of Residential Rental Units; Property Maintenance; Administration of Lodging Establishments; Public Health & Safety; Smoke Detectors for Residential Rental Units; Carbon Monoxide Detectors for Residential Rental Units; Fire Extinguishers; and Enforcement, Penalties, Appeals and Variances. (cont'd) Of these ten new Chapters, three—Public Health & Safety, Carbon Monoxide Detectors for Residential Rental Units, and Fire Extinguishers—can not go into effect until they have been reviewed and approved by the Indiana Fire Prevention and Building Safety Commission. The Commission is required to review and approve these three Chapters because they contain regulations that qualify as either a “building law” or a “fire safety law” under Indiana Code. (cont'd) There are five key changes, aside from the format changes previously discussed, with this ordinance. The first, the City will increase inspection fees for residential rental units, with the fee increase occurring in three immediate stages—one going into effect on January 1, 2013, the second going into effect on January 1, 2014 and th third going into effect on January 1, 2015. Beginning in January of 2016 the Board of Public Works will conduct an annual review of the inspection fees and determine whether it is necessary to adjust said fees. Second, the fines for violations of Title 16 have been specifically enumerated and raised in some instances. For example failing to appear for a scheduled inspection will result in a flat $50 fee, whereas failing to provide required paperwork will result in a flat $25.00 fee. Third, because of a rash of complaints against the habitability of certain hotels, this ordinance has added a section that allows for the City to inspect and issue correction orders to hotels if a violation is found; the inspections can only occur if the City receives a written complaint—there will be no regular inspection program. Fourth, while smoke detectors are already required in all residential rental units by the State, the State provides that the detectors may be battery operated or hardwired interconnected. The proposed ordinance is more stringent than State law, in that it mandates that only hardwired interconnected smoke detectors be used. This proposal is based on extensive research that shows that hardwired interconnected smoke detectors are more durable, less prone to malfunction and provide a higher level of protection for residents. Finally, the ordinance proposes that all residential rental units which contain fuel-fired appliances, fireplaces and attached garages be equipped with carbon monoxide detectors. Again this is being proposed because studies have shown that the presence of a carbon monoxide detector provides greater protection for residents and ensures a greater likelihood of individuals being notified a problem before it is too late for them to evacuate the premises. At the Regular Session on November 14, 2012, the Council adopted two amendments. Am 01 made nine changes to Sections 16.01.060, 16.01.080, 16.02.020, 16.03.030 and 16.08.010. Am 02 made changes to 16.07.090.