Housing Codes in Rhode Island

The purpose of this project is to examine the present status of housing codes in the State of Rhode Island and the ways they can be used to maintain the present housing stock. Housing codes are a legal statement of the minimum acceptable standards for dwellings to maintain the health, safety, comfort and welfare of the occupants. Included in the standards are the basic human needs of light, ventilation and clean water. Although often thought of as the same thing, housing and building codes are very different. Building codes deal with a building while it is being built and until it is occupied. Housing codes, however, deal with the use, occupancy and maintenance of existing buildings that are occupied as homes. Housing codes are empowered by the police power of the government. They point out the duty of both the owner and the occupant to keep the housing in decent condition. The enforcement of the housing code falls on the local governemnt. Generally the local government is not able to actively enforce the code and as a result the code is unenforced until there is a complaint lodged. The enforcement of the housing code sets in motion a process that could be used to protect and preserve the

In order to provide an understanding of housing codes, the areas of their history, legal status, administration, and economics will be explored. Rhode Island has a statewide housing code that is to be the adopted model for all the municipalities in the state; a history of that code and a study of the way in which localities and agencies use the code will be included. The municipalities administration of the housing code will be evaluated with the aid of a survey of the localities. The final chapter will cover the techniques that may be used to update or better enforce, in order to improve, the code.
iv Housing Code Definition (9)       Plumbing that is missing or doesn't work, electrical wiring that is fraying and cannot meet the demands of present usage, infestation of vermin and roaches; these and more contribute to substandard housing and can't be seen by an observer from the outside. But they can be seen, and they can be felt on both the physical and psychological level by the inhabitant. The . Statewide Planning report indicates that at least one state agency recognizes that these problems do exist and that there is some concern at the upper levels of government.

Housing Codes as an Answer
The recognition of the problem at the statewide level is actually spread wider than the limits of one agency.
There is, in fact, a "Housing Maintenance and Occupancy Code'' in the General Laws of Rhode Island. 3 This code has been adopted to various degrees by most of the cities and towns of the state. The acceptance to various degrees is possible because the local governments may adopt and enforce a local housing code that is in some of its sections, stricter than the state code.
A housing code, enforced by any level of government, can be defined by the areas of housing that it encompasses.
Chapter II defines and details aspects of a housing code, basically a housing code is defined as a collection of regulations that pertain to existing dwelling units and is focused on the health, safety, comfort and welfare of the occupants of these units. 6 Of all codes dealing with structures, housing codes, in contrast to building codes, are quite modern. The code of Hammurabi, written about 1700 B. C., mentions buildings and the punishment for builders of unsafe structures. 4 Other ancient societies, including Polynesian, Chinese, Greek and Roman also had building codes. Housing

Housing Code Administration
At present housing code enforcement can be enforced on either a systematic or a complaint basis inspection.
In the first case, the entire city or district is inspected on a regularly scheduled basis. Complaint basis inspections are done only in response to a specific complaint from the tenant or a neighbor. In either case the general procedure is basically the same.   From an economic point of view in which profit maximizing is the primary goal, the profitability of rehabilitation has to be shown by a cost-revenue comparison. From a public welfare point of view, renewal should take place when a structure falls below a minimum acceptable standard.
One of the measures of acceptable standards and one of the 16 marketplace forces that acts on the owner is code enforcement. 9 Code enforcement programs can be classified into four types based on the degree of enforcement and the severity of the penalty . These four t y pes of prog rams are: 1) intermittent enforcement/light penalty, 2) intermittent enforcement/ heavy penalty, 3) continuous enforcement/ light penalty and 4) continuous enforcement/heavy penalty. These programs will affect landlords and their property in different ways when brought to fruition. Local police powers to enact and enforce the housing codes are granted by state constitutions or home-rule charter.
Since the enactment of the housing code is an e x ercise of the police power, the code is subject to the limitations on the police power. This means that where the ordinance restricts the use of private property it must do so to protect or promote the public health, safety or welfare.
In addition, the ordinance must also meet the procedural and substantitave due process requirements and adhere to the equal protection demands. Other limitations of the police power that are to be met include the prohibition of

Implied Warrant of Habitability
In common law there was no implied warranty of habitability. Common law considered the lease a conveyance of real property for agriculture, any building was considered incidental. There was no warranty that the building was fit for any particular use; the tenant took the land and buildings as they were and was responsible for their upkeep and repair. This rule of "buyer beware'', settled in 1485, was of little concern to the tenant because of the right to inspect the building and decide from there.
The simple design of the structure meant little in skill or resources were needed to keep it in repair.
Despite the emergence from an agricultural society to an industrial society, the view of the warranty of habitability has remained unchanged. Tenants continued to take dwellings as they were and the landlord was under no obligation to repair the dwelling. The courts have recently, however, started to take the stand that the common law rule of "caveat emptor'' should be dropped in favor of a warranty of habitability. The first court to rule this way held that urban leases should be treated like any other contract and found support in both common law and the local housing code. These authorities were to engage in slum clearance and/or projects to provide dwelling accomodations for low income persons.
It was noted in the legislation that unsafe and unsanitary dwellings did exist within the state and these conditions arose from overcrowding, obsolete buildings, lack of light, air, space and proper urban design. It was also noted that the poor resided in these dwellings and that it was for the public interest that the legislation was enacted.
As with all laws, the Housing Authority legislation underwent minor changes in the following years. open at the local level and in the courts. A fuller description of the state code will be found in the next section and a copy of the code can be found in appendix B.
Far from remaining in a fixed state, the code has undergone several changes that have widened its scope and strengthened its enforcement.lo The changes that are seen in the code represent only a part of the changes that were put before the legislature. As with all attempts to change legislation there are a certain number of bills that do not pass.
The housing code has also had an effect on other state laws. These laws have been modified to either allow for the existence of the housing code or to use the housing code as a guide within the law.

The State Housing Code
The Rhode Island Housing Maintenance and Occupancy Code is the housing code for the State of Rhode Island. 11

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The code is divided into 22 sections covering different topics. These sections can be grouped by type into four categories which will be used for a discussion of the housing code. This area is concerned with the postinspection process. This is the area that is beyond the control of the localities and is the jurisdiction of the courts.
One section details the penalties and other methods that may be used to achieve corrective action.
Also listed are the administrative processes that must be followed, particularly through the housing board of review, before the courts are to be involved in the process.

Implementation
The implementation of the Housing Code at any level of government in Rhode Island is a difficult process. The main problem sterns from the language of the legislation and this problem is the result of two other problems. The first problem is the lack of a central and national code that is widely accepted. The building code is an example of such a national code. This problem is brought about by the lack of a central and widespread organization with the ability to adopt and enforce a standard housing code.
There is a national organization for the support of a  The pre-rental inspection is initiated when a special service client needs to move into a new dwelling unit. The inspection can be called for by either the client or the social worker, in most cases the latter.
Inspections take about one half hour and are scheduled in advance. While the landlord need not be present for the inspection, the contact is necessary to gain entrance to the unit.
A standard form is used during the inspections and serves as a record of the inspection, see appendix C.
In the early years, minor violations would be noted, however, they would not necessarily have to be repaired.
Presently all violations must be repaired before the unit will pass inspection and the client is allowed to move in.
If there are major violations that are being repaired at the time of inspection and can be completed before the scheduled move in date, the unit will be reinspected at the time of completion.
The dwelling unit's failure to pass inspection does not mean the client cannot move into the unit. What it does mean, however, is that the client is not eligible for moving expense money that is allowed by SRS. This in turn means the client must pay the entire moving bill.

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As most clients cannot afford this e x tra out-of-pocket expense it does serve as a determent to moving.
The inspection procedure after a client has moved into a unit is set in motion by the client, either through the case worker or by direct contact with the Housing Unit.
In either case the inspector will notify the local code enforcement officer (if one exists) and request an emergency inspection by the code inspection office. The inspector also will visit the unit to varify the violation, talk with the client to inform them of their rights and duties and talk with the landlord in an attempt to get the situation resolved. If the situation is severe enough, the client will be advised to move out and other shelter, emergency or permanent, will be found for the client.
Special cases arise at different times of the year; winter problems are the most common, and of these lack of heat or threatened fuel cut -off are the most severe.
Clients will be handled in one of two ways, depending on the particular case. The first path is the SRS hear plan: if the client has paid their share of the fuel bill (as determined in the heat plan) SRS will pay the remaining part of the bill thus avoiding the fuel cut-off. If the client has not paid their share, then help is found through one of several other agencies including the local CAP office, churches or the Governor's Information Line.

Department of Community Affairs
The Department of Community Affairs has o n e 1 secrtion that deals with housing codes as part of its sevices. The Housing Assistance section has several functions in this field, one of which is to supply a staff person to serve as a liaison with the Rhode Island Municipal Code Enforcement Associatin, an association of local code enforcement officials.
In this capacity the liaison has no vote at the meetings but can serve as a source of information for the group and at the same time keep the stae informed as to problems at the local level. The office is also active in carrying out inspections for federal housing programs including the Section 8 housing program. This program requires a special inspection format and guidelines, so in these cases the state code is not follewed. A copy of the Housing Quality Standards used for Section 8 inspections is included in Appendix C.
Finally, and of prime importance to the local governments the Housing Section is a reference source for housing code information. This information is available to all localities and can range from information on establishing a local housing code to working with the problems of the existing code.

Department of Children and Family Service
In the first quarter of 1980 the divisions of several state agencies that had children as their clients were merged to form the Department of Children and Family Service.
This department is authorized to place children in group homes in communities. These group homes are run by nonprofit private agencies and the individual homes as well as the agency must be licinsed yearly by the state.
As part of the licensing process the home must be inspected yearly by both the Fire and Health Departments. These cities had to petition the state legislature for the authority to enact and enforce a housing code.
The enabling legislature even granted for the individual cities and contained not only the necessary enabling legislation, but guides to a housing code as well. This is not to imply that the state legislature wrote the housing code; the legislature provided certain definitions and items that could or should be included in the code.
The legislative body of the city was empowered to pass, ordain, establish and amend the housing code. To gather information on the codes the local govern-

Analysis of the Data
To completely analyze the survey data, the localities were divided into several groups of similar population.
As with any classification of data it is important to devise categories that will allow a max imum difference between groups while allowing a minimum difference within the groups. To achieve these criteria, it was decided to use five categories based on natural breaks in population sizes for the municipalities. The designation for each group will be the population size followed by the number of municipalities enforcing a housing code in that group. The first group designation is: 0-4999 (7). The number in parentheses is different in groups 1, 2 and 4 because localities within those groups do not enforce a housing code (see Table IV-1 for specific localities).
enforce their own local housing code. The survey showed that the extent to which cities and towns enforce the local and state codes differs. The code that is the more stringent in a particular field is the one that is to be en-  x   Housing Code State Housing Code Housing Code State  :s: :s: :s:   1 7 5,000-11,999 ( 6) 4 2 6 12,000-19,999 ( 9) 4 2 2 9 20,000-29,999 (6) 4 2 6 OVER 30,000 ( 7)

TYPE OF ENFORCEMENT
Grouping and Size 0-4,999 (7) 5,000-11,999 (6) 12,000-19,999 (9) 20,000-29,999 (6) over 30,000 (7)  The table generally shows that the larger a city or town is, the more likely it is to have a full time housing inspection staff. The large jump in inspectors in the fifth group is due to the City of Providence inspection staff. Its staff of fifteen skewes the data. However, even when the data from Providence is deleted the group still has an average of 2.67.

Off ice Location
The location of the housing inspection off ice/officer  ( 7) Full time ( 7)  can give some information as to the localities position with respect to the housing code. While this location may be a factor of financial constraint, the location should not be overlooked.  Off ice Off ice 0-4,999 ( 7) 5 1 1 5,000-11,999 ( 6) 5 1 12,000-19,999 ( 9) 7 2 20,000-29,999 ( 6) 5 1 over 30,000 ( 7) 4 3 Total ( 3 5)  22  9  4 Other Inspections The pre-rental and pre-sale inspections are not a part of the state housing code. They are a legislatited part of the housing inspection process for one city and one town, however.
The general concept of a pre-rental/sale inspection is found in the building permit process across the state.
In the building process an occupancy permit is applied for 64 at the time the building permit is applied for. It is applied for then as a time saving method in that the paperwork for both canbeprocessed at the same time. The occupancy permit, when issued, simply says that the building complies withe all building and zoning regulations and is fit to be inhabitated.
Because the permit is part of the building process, once the permit is issued for a building another will not be issued or a re-check made unless another building permit is sought. An occupancy permit or pre-rental/sale inspection at the time a dwelling unit is rented or sold would be a re-checking method for habitability. Since the process is not widely used in the state, few people know of its existance.
In several cities and towns, however, the inspection officer will make the inspection if asked to do so.  Under a flexible housing code, the locality is divided into different areas, corresponding to the frequently used terms of "good", ''gray" and "worst" used to describe an area. Different minimum standards and guidelines would be applied for maintenance in each of these areas.
The standards within the areas would be graduated upward in relation to the quality of housing in the area, the code would also provide guidelines for the maintenance of each dwelling type within that area. The key to the success of a flexible code would be in the ''gray" areas where residential areas are basically sound but declining in quality. 10 The same constitutional restraints that apply to a single housing code apply to a flexible code, with the addition of one other that of uniformity of enforcement.
This issue was raised in Brennan ~City of Milwaukee. 11 The court applied the following rules upon which should be based the proper exercise of the police power: (1) the classes must really be different from another, (2) the classification must be related to the purposes of the law, In a systematic inspection system the locality is divided into several districts, in larger cities the districts are often aligned with the census tracts. Whatever district definition is used, each district is inspected in turn. When all the districts have been inspected the process starts again. This system requires a larger staff than a complaint system. The survey revealed that the Town of Narragansett is now starting a systematic inspection process with a staff of 1 full time and 1 part time inspector. This will be a reasonable test of how well smaller towns can adopt this system, it will also allow 75 the town to assess the effect of a complaint system. In 1971 the town completed a three year systematic inspection, since then code enforcement has been on a complaint basis.
The ability of a locality to inspect on a systematic basis is to a large degree dependent on the financial commitment of that locality to the housing inspection. Again, a commitment from the state may enable more communities to use this system.

Code Enforcement and Other Programs
While housing code enforcement is important, it is by no means the only way that decent housing can be obtained.

Code inspections can be dovetailed with other programs and
in this way the programs can work better together than they could individually. Lester Gillis some time ago noted the need for code enforcement and other programs to work together .14 He felt the term "systematic code enforcement" must mean the enforcement of all the codes and ordinances affecting the living environment. 15 The entire living environment is a broad topic. To narrow it down to reasonable proportions the discussion here will be limited to public health and a self-help program.

Public Health
In a speech before NARRO, Alan Pond spoke of the need for housing codes and health laws to work together. While his concern was that it is a health agency's responsibility In the short run there would be a reduction in the number of physical health problems related to poor housing and living conditions. In the long run there would be a lowering of emotional health problems that a~e aggravated by unhealthful and unsafe living conditions.

Self Help
The Neighborhood Housing Services (NHS) program was pioneered in Pittsburgh in 1968, 17 involving local residents, banks and local government. In some respects it is like a CDBG program in that it is focused on specific neighborhoods, involves code enforcement and is a loan program, but that is where similarities end. This NHS is only indirectly tied to code enforcement in that the enforcement is a subset in the program, but then it is not required that code enforcement be a program only unto itself. By working in this program and others like it the code shows that it is not just another bureaucratic program, but a program that is existing to help people.

Conclusions
In conclusion, while it would be difficult to say that the housing code effectively is working in Rhode Island, it is possible to say that the housing code is firmly in 78 place and is being enforced. This report did not set out to measure the effectiveness of the code, rather the aim was to determine the codes that were in use within the state and the ways they were being enforced.  MAY, 1980 Section. 45-24.3-1. 45-24.3-2. 45-42.3-3. 45-24.3-4. 45-24.3-5. 45-24.3-6. 45-24.3-7. 45-24.3-8. 45-24.3-9. 45-24. 3-9. l. 45-24.3-10. 45-24.3-11. 45-24.3-12. 45-24.3-13. 45-24.3-14. 45-24.3-15. 45-24.3-16. 45-24.3-17. 45-24.3-18. 45-24.3-19. 45-24.3-20. 45-24. 3-21. 45-24.3-22.  Legislative findings. -It is :1ereby found that there exist and may in the future exist within the state of Rhode Island premises, dwellings, dwelling units, rooming units, structures, or parts thereof, which by reason of their structure, equipment, sanitation, maintenance, use, or occupancy affect or are likely to affect adversely the public health, including the physical, mental, and social well-being of persons and families, safety, and general welfare. To correct and prevent the existence of such adverse conditions, and to achieve and maintain such levels of resid ential environmental quality as will protect and promote health , safety, and general welfare, it is further found that the establishment of minimum housing standards for the state of Rhode Island is required.
It is hereby further found that conditions existing on such blighted premises are dangerous to the public health, safety, morals and general welfare of the people, and that conditions existing on such blighted premises necessitate excessive and disproportionate expenditure of public funds for public health and safety, crime prevention, fire protection, and other public services, and that the · conditions existing on such blighted premises cause a drain upon public revenue, impairing the efficient and economical exercise of governmental functions in such areas.
It is hereby further found that the elimination of blighted premises, and the prevention of the recurrence of blighted premises, is in the best interest of the public, and that the accomplishment of this end will be fostered and encouraged by the enactment of this chapter. The enactment and enforcement of this chapter is thereby declared to be essential to the public interest.
It is intended that the provisions of this chapter be liberally construed to effectuat~ its purposes heretofore stated. 45-24.3-3. Purpose. -The purpose of this chapter shall be to protect the public health, safety and welfare by establishing minimum standards governing the condition and maintenance of all dwellings and dwelling premises or structures, establishing minimum standards governing utilities and facilities and other physical things and conditions essential to make dwellings safe, sanitary, and fit for human habitation; fixing certain responsibilities and duties of owners, operators, and occupants of dwellings and dwelling premises and structures; and fixing the conditions whereby certain dwellings and structures may be declared unfit for occupancy and condemned for human habitation; and fixing penalties for violations of this chapter. 45-24.3-4. Applicability. -Every portion of a building or its premises used or intended to be· used for the purposes of dwelling, living, eating, sleep i ng or cooking there i n or occupancy, shall 1 87 45-24. [3][4] comply with the provisions of this chapter and with the . rules and regulations adopted pursuant thereto irrespective of when such building shall have been constructed, altered or repaired; and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the dwelling and dwelling premises or structure, for the construction or repair of the dwelling or structure or for the installation or·repair of dwelling equipment prior to the effective date of this chapter. This chapter establishes minimum standards for the initial and continued occupancy of all dwellinns and structures, and does not replace or mcdify standards otherwise established by the state or a corporate unit for the construction, repair, or use of building or the installation of building equipment except as they may be in conflict with the provisions of the chapter as provided by section 45-24. 3-19. 45-24.3-5. Definitions. -The following definitions shall apply in the interpretation and enforcement of this chapter.
Accessory structure shall mean a detached structure which is not used or not intended to be used for living or sleeping by human occupants and which is located on the same premises with a dwelling.
Aopropriate authority shall mean the official department, or agency designated by a local community to administer and enforce these regulations pursuant to the provisions of this chapter.
Aporoved shall mean approved by the local or state authority having such administrative authority.
Ashes shall mean the residue from the burning of combustible materials {and the noncombustible portion or refuse loaded into an incinerator.) Basement shall mean a portion of the building partly underground, but having less than half its clear height below the average grade of the adjoining ground.
Cellar shall mean the portion of the building partly underground, having half or more than half of its clear height below the average grade of the adjoining ground.
Central heating system shall mean a single system supplying heat to one or more d1elling unit{s) or more than one rooming unit.
Corporate unit -The words "corporate unit" as used in this ordinance shall mean a city or town, as the {case) may be, delegated with the powers to provide for the enforcement of this ordinance.
Dwelling shall mean any enclosed space which is wholly or partly used or intended to be used for living or sleeping by human occupants, provided that temporary housing, (as) hereinafter defined, shall not be regarded as a dwelling.
Dwelling units shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are unused or intended to be used for living, sleeping, cooking and eating.
Dormitory shall mean a room or group of rooms in a dwelling used for living and sleeping purposes by four (4) or more persons. 45-24.3-5 Extermination shall mean the control and elimination of insects, rodents, or other pests by e liminating their harborages, by re-. moving, or making inaccessib le, materials that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods approved by the health officer.
Enforcing officer shall mean the official charged with the administration and enforcement of this ordinance or his authorized representative.
Family shall mean one adult person plus one or more persons wh~ are legally related to said person and residing in the same dwelling unit with said person.
Garbage shall mean the animal and veae table waste resulting from the handling, preparation, cooking, ser~ing, and non-consumption of food.
Guest shall mean any person who shares a dwelling unit in a nonpermanent status for not more than thirty (30) days .
. Habitable room shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, pantries, kitchenettes and utility rooms o f less than fifty (50) square feet, foyers or communicating corridors, stairways, closets, storage, spaces and workshops, hobby and recreation areas in unsealed or uninsulated parts of a structure below ground level or in attics.
Health officer shall mean the legally designated director of health of this state, or his authorized representative.
Heated water shall mean water heated to a temperature of not less than 1200 fahrenheit.
Household shall mean a famil y and/or one or more unrelated persons, including servants and not more than two b oarde rs, who share the same dwelling and use some or all of its cook ing and eating facilities.
Infestation shall mean the presence within or around a dwelling or other structure in large numbers of insects, rodents, or other pests.
-Kitchen shall mean any room containing any or a ll of the following equipment, or area of a room within three (3) feet of such equipment; sink, and/or other device for dish washing, stove or other device for cooking, refrigerator or other device for cool storage of food.
Lead-based substances shall mean any paint, plaster, or other b uilding material which contains lead at levels: (1) in excess of f ive tenths percent (.5 %) lead by dry weight as measured by atomic absorption spectophotornetry test of sample or by . testing with six to eight percent (6 % to 8%) sodium sulfide solution. (lead per total we ight measure) 3 89 45-24. 3-5 or (2) in excess of seven tenths milligrams (.7 mg.) lead per square centimeter of surface as measured on site by mobile x-ray fluorescence analyzer or comparable equipment.
(lead per surface area measure) Meaning of certain words. Wherever the words "dwelling," "dwelling unit," "rooming house," "rooming unit," "premises," and "structure" are used in this chapter they shall be construed as through they were followed by the words "or (any) part thereof." Words used in the singular include t~e plural, and the plural the singular, the masculine gender includes the feminine, and the feminine the masculine.
~ultiple dwelling shall mean any dwelling containing four (4) or more dwelling units.
Occupant shall wean any person, over one (1) year of age, living, sleeping, cooking, or eating in, or actually having possession of, a dwelling unit or a rooming unit, and/or structure except that in dwelling units a guest will not be considered an occupant.
Operator shall mean any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.
owner shall mean any person who, alone or jointly or severally with others: (a) shall have legal title to any dwelling, dwelling unit or structure with or without accompanying actual possession thereof, or (b) shall have charge, care or control of any dwelling, dwelling unit or structure as owner or agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner, any such person, thus representing the actual owner, shall be bound to comply with the provisions of this chapter and of rules and regulations adopted pursuant thereto to the same extent as if he were the owner.
Permissible occupancy shall mean the maximum number of persons permitted as family or household to reside in a dwelling unit or rooming unit based on the square foot per person in habitable rooms.
Person shall mean and include any individual, firm, corporation, association, or partnership.
Plumbing shall mean and include all of the following supplied facilities and equipment: gas pipes, gas burning equipment, waste pipes, garbage disposal units, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer, septic tank or gas lines. 4 90 45-24.3-5 Potential hazardous material shall mean any toxic material, including building material containing heavy-metal compounds in concentrations dangerous to the public health as deemed by the department of health of this state.
Premises shall mean a platted lot or part thereof or unplatted lot or parcel of land, or plot of land, either occupied or unoccupied by any dwelling or non-dwelling structure, and includes any such building, accessory structure or other structure thereon.
Privacy shall mean the ability of a person or persons to carry out an activity commenced without interruption or interference, either by sight or sound, by unwanted persons.
Refuse shall mean all putrescrible and nonputrescible solids (except body wastes) including garbage, rubbish, ashes and dead a.1imals.
Rooming unit shall mean any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
Rooming house shall mean any dwelling or that part of any dwelling containing three (3) or more rooming units in which space is occupied by three or more persons who are not members of a single family.
Rubbish shall mean nonputrescible solid wastes (excluding ashes) consisting of both: (a) combustible wastes such as paper, cardboard, plastic containers, yard clippings, and wood, and (b) noncombustible wastes such as tin cans, glass and crockery. Safety shall mean the condition of being free from danger and hazards which may cause accidents or disease.
Septic tank shall mean a receptacle, usually underground, to which sewage-Ts drained and retained to effect disintegration of the organic matter by bacteria. Space heater shall mean a self-contained, automatically controlled, vented, fuel-burning appliance of either the circulating type or the radiant type.
Supplied shall mean paid for, furnished, provided by, or under the control of the owner or operator.
Structure shall mean all structures used or intended to be used for commercial, business, or industrial use or occupancy.
Temporary housing shall mean any tent, trailer, mobile home, or any other structure used for human shelter which is designed to be transportable and is not a'tt~ed=tQ_the ground, to another structure, or to any utility system on the same premises for more than thirty (30) consecutive days.

45-24.3-6.
Res~sibilities of owners and occupants. -No owner or operator or other person shall occupy, or let to another person, any vacant dwelling, dwellin-<J -unit or structure unless it and the premises are clean, sanitary, fit for human occupancy, and comply 91 45-24 . 3-6 with this chapter and all applicable legal requirements of the state of Rhode .Island and the corporate unit.
Every owner of a multiple dwelling shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. Occupants of two (2) and three (3) family dwellings shall share the maintenance of clean and sanitary conditions within the shared or public areas of the . dwelling and premises thereof.
Every occupant of a dwelling, dwelling unit or structure s~all maintain in a clean sanitary condition that part or those parts of the dwelling, dwelling unit or structure and premises thereof that he occupies and controls.
Every occupant of a dwelling, dwelling unit or structure shall dispose of all his rubbish in a clean, sanitary and safe manner.
Every occupant of a dwelling, dwelling unit or structure shall dispose of all his garbage and any other organic waste which might provide food for insects and/or rodents in a clean, sanitary and safe manner, and if a container is used for storage pending collection it shall be rodent proof, insect proof, and water tight.
Every owner or operator of a dwelling containing four (4) or more dwelling units shall supply facilities or containers for the sanitary and safe storage and/or disposal of rubbish and garbage.
In the case of single, two (2) or three (3) family dwellings, and structures it shall be the responsibility of the occupant to furnish such facilities or refuse containers.
The owner, of a dwelling, dwelling unit or structure shall be responsible for providing and hanging all screens and double or storm doors and windows where used for ventilation whenever the same are required under the provisions of this chapter or any rule or regulation adopted pursuant thereto, except where there is a written agreement between the owner and occupant.
In the absence of such an agreement, maintenance or replacement of screens, storm doors and windows, once installed in any one season, become the responsibility of the occupant.
The owner of a dwelling or dwelling unit shall be responsible for providing and hanging of shades or other devices on every window of every room used for sleeping and for every room equipped with a flush water closet ·or bathtub, affording privacy to persons within said rooms, once installed in any one rental by the owner, replacements become the responsibility of the occupant.
Every occupant of a dwelling containing a single dwelling unit and every occupant of a structure shall be responsible for the extermination of any insects, rodents, or other ~ests therein or on the premises; and every occupant of a dwelling unit, in a dwelling containing more than one dwelling unit, shall be responsible for such extermination whenever his dwelling is the only one infected. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a 6 92 45-24.3-6 dwelling in a rodent proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner. tfuenever infestation exists in two (2) or. more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two (2) or more dwelling units, extermination thereof shall be the responsibility of the owner.
Every occupant of a dwelling unit or structure shall keep all supplied plumbing fixtures and facilities therein in a clean, sanitary condition, and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
No owner or occupant of a dwelling, dwelling unit or structure shall accumulate or permit the accumulation of rubbish, boxes, lumber, scrap metal, or any other materials in such a manner that may provide a rodent harborage in or about any dwelling, dwelling unit or structure. Stored materials shall be stacked neatly in piles elevated at least eighteen (18) inches above the qround or floor.

45-24.3-7. Minimum standards for basic equipment and facilities.
No person shall occupy as owner, occupant, or let to another for occupancy, any dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein, which does not comply with the following requirements: Every dwelling unit shall have a room or portion of a room in which food may be prepared and/or cooked, which shall have adequate circulation area and which shall be equipped with the following: A kitchen sink in good working condition and properly connected to a water supply system which is approved by the appropriate authority, and which provides at all times an adequate amount of heated and unheated running water under pressure, and which is connected to a sewer system or septic tank which is approved by the appropriate authority.
Cabinets and/or shelves for the storage of eating and drinking and cooking equipment and utensils, and of food that does not, under ordinary maximum summer conditions, require refrigeration for safe keeping and a counter or table for food preparation: said cabinets and/or shelves shall be adequate for the permissible occupancy of the dwelling unit and shall be of sound construction finished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food.
A stove or similar device, for cooking food, and a refrigerator, or similar devise, for the safe storage of food at temperatures less than fifty degrees (50°) fahrenheit, but more than thirty-two degrees (32°) fahrenheit, under ordinary maximum summer conditions, which are properly installed with all necessary connections for safe, sanitary and efficient operation, provided that such stove, refrigerator, and/or similar devices, need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, and that sufficient space and adequate connections for the safe and efficient installation and operation 7 93 45-24.3-7 of said stove, refrigerator and/or similar devices is provided.
\"lithin every dwelling unit there shall be a nonhabitable room which is equipped with a flush water closet and lavatory basin in good working condition. Said flush water closet shall be equipped with easily cleanable surfaces, be connected to a water system that at all times provides an adequate amount of running water under pressure so as to cause the water closet to be operated properly, and shall be connected to a sewer system or septic tank which is approved by the appropriate authority, and said lavatory basin.shall be equipped with easily cleanable surfaces and be in good working condition and properly connected to an approved water supply system and which provides adequate heated and unheated running water under pressure at all times and connected to a sewer or septic system approved by the appropriate authority.
Within every dwelling unit there shall be a room, which affords privacy to a person within said room and which is equipped with a bathtub or sho\· 1er in good working condition. Said bathtub or shower may be in the same room as the flush water closet or in another nonhabitable room and shall be properly connected to a water supply system which is approved by the appropriate authority and which provides at all times an adequate amount of heated and unheated, running water under pressure, and which is connected to a sewer system or septic tank which is approved by the appropriate authority.
Every dwelling unit above the first floor shall have approved dual means of egress, with minimum head room of six (6) feet, six (6) inches, leading to safe and open space at groun<l level. Every dwelling unit in a multiple dwelling shall have immediate access to two (2) or more approved means of egress one of which will have a minimum head room of six (6) feet, six (6) inches, leading to safe and open space at ground level, or as required by the laws of this state and the appropriate authority. 45-24.3-8. Minimum standards for light and ventilation. -No person shall occupy as owner, occupant, or let to another for occupancy, any dwelling or dwelling unit, for the purpos~ of living therein, which does not comply with the requirement of this section.
Every habitable room shall have at least one (1) window or skylight facing directly outdoors (provided that if connected to a room or area used seasonally (e.g.:porch) (then) adequate daylight must be possible through this interconnection). The minimum total window area measured between stops, for every habitable room shall not be less than ten percent (10%) of the floor area of such room. Whenever walls or other portions of structures, face a window of any such room, and such light-obstructing structures are located less than three (3) feet from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors and shall net be included as contributing to the required minimum total window area. W henever the 8 94 45-24.3-8 only window in a room is a skylight type window in the top of such room the total window area of such skylight shall equal at least ten percent (10%) of the total floor area of such room. Each window shall be not less than three (3) square feet in area.
Every habitable room shall have at least one (1) window or skylight facing directly outdoors which can be easily opened, or such other device as will adequately ventilate the room provided that if connected to a room or area used seasonally then adequate ventilation must be possible through this interconnection. The total of openable window area in every habitable room shall be equal to at least fifty percent (50%) of the minimum window area size, or minimum skylight type window size, as required in this section, except where there is supplied some other device affording adequate ventilation and light-L1g approved by the appropriate authority.
Every bathroom and water closet compartment and nonhabitable room used for food preparation shall comply with the light and ventilation requirements for habitable rooms contained in this section, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is approved by appropriate authority.
Where there is usable electric service available from power lines, which are not more than three hundred (300) feet away from a dwelling every dwelling unit, and all public and common areas, shall be supplied with electric service, outlet and fixtures which shall be properly installed shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a manner prescribed by the ordinances, rules and regulations of the corporate unit. The minimum capacity of such services, and the minimum number of outlets and fixtures, shall be as follows: Every habitable room shall have an electric service and outlets and/or fixtures capable of providing at least three (3) watts per square foot of floor area.
Every habitable room and nonhabitable room used for food preparation shall have at least one (1) floor or wall type electric convenience outlet for each sixty (60) square feet, or fraction thereof, of floor area, and in no case less than two (2) outlets. Every water closet compartment, bathroom, and kitchen or kitchenette, laundry room, furnace room, and public hall shall contain at least one (1) supplied ceiling, or wall, type electric light fixture.
Convenient switches or equivalent devices for turning on one light in each room or passageway shall be located so as to permit the area ahead to be lighted.
Every public hall and stairway in every multiple dwelling shall be adequately lighted by natural or electric light at all times so as to provide in all parts thereof at least six (6) footcandles of light at the tread or floor level. Every public hall and stairway in structures containing not more than three (3) dwelling units, 45-24.3-8 may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full time lighting. 45-24.3-9. Minimum thermal standards (heating and cooling). -No person shall occupy as owner, occupant, or let to another for occupancy, any dwelling or dwelling unit, for the purposes of living therein, which does not comply with the following requirements.
Every dwelling shall have heating facilities which are properly installed and are maintained in safe and working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein at a distance of eighteen (18) inches above the floor level under average winter conditions to a temperature of at least sixty-eight degrees (680) fahrenheit .• Unvented flame space heaters are prohibited. No owner or occupant shall install, operate, or use a space heater ern?loying a flame that is not vented outside the structure in an approved manner, portable electric heaters, approved under the appropriate local or state electrical and/or fire prevention code, are acceptable where they meet the above provisions of this section. 45-24.3-9.l.Independent electrical generating system. -On and after (September 1, 1978), all new construction of housing for the elderly shall contain an independent generating system for electrical power, which shall be sufficient to maintain the operation of the housing for the elderly in the event of a disruption of electrical power, except electrical heating systems. 45-24.3-10. General requirements relating to the safe and sanitary maintenance of parts of dwellin(l'S and dwelling units -Lead-based substances. -No person shall occupy as owner, occupant or let to another for occupancy, any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements.
Every foundation, floor, roof, ceiling, exterior and interior wall shall be reasonably weathertight, watertight and damp-free, and shall be kept in sound condition and good repair. Floors, interior walls, and ceilings shall be sound and in good repair. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint or other protective covering or treatment. Potentially hazardous materials will not be used where readily accessible to children. Walls shall be capable of affording privacy for the occupants. Every premise shall be graded, drained, free of standing water, and maintained in a clean, sanitary, and safe condition. Potentially hazardous material on the interior surfaces of any dwelling unit, rooming house, rooming unit or facility occupied by children is prohibited.
Such interior surfaces include, but are not limited to window sills, window frames, doors, door frames, walls, ceilings, stair-rails and spindles or other appurtenances.
Lead-based substances are prohibited and deemed unsafe to the public health when identified on surfaces in such condition as to be accessible to young children, between the ages of one through six (l-6). This includes both interior and exterior surfaces where loose, flaking, cracking, peeling, chipping or otherwise damaged conditions of such substances are on a dwelling or dwelling unit occupied by children.
Such surfaces include but are not limited to window sills, window frames, doors, door frames, walls, ceilings, banisters, porch railings and other appurtenances.
In each instance where surfaces are in the above-described conditions and circumstances, and there is reason to believe lead-based substances are present, the enforcing officer shall confirm whether suspect substances are lead-based by either: (1) obtaining samples from damaged surfaces to be submitted for measure of lead content by dry weight by the department of health of this state or (2) obtaining readings of lead oer surface area as measured on suspect surf aces by mobile x-ray fluorescence analyzer or comparable equipment by procedure outlined by the department of health of this state.
In all instances where substances in above-described conditions and circumstances are confirmed to be lead-based, the enforcing officer shall identify those specific areas deemed unsafe and in need of correction.
In all instances where lead-based substances in the above-described conditions and circumstances are identified on a dwelling or dwelling unit occupied by a child suffering from undue lead absorption, as diagnosed by appropriate medical authority, the enforcing officer shall consider such instances under "Emergencies" pursuant to section 45-24. 3-21. During the portion of the year when there is a need for protection against mosquitoes, flies and other flying insects, every door, opening directly from a dwelling unit to outside space, shall have supplied properly fitting screens having at least sixteen (16) mesh and self-closing device: and every window, door or other device with openings to outdoor space, used or intended to be used for ventilation (,) shall be supplied with screens.
Every window located at or near ground level, used or intended to be used for ventilation, and every other opening located at or near ground level which might provide an entry for rodents, shall be supplied with adequate screen or such other devices as will effectively prevent their entrance.

45-24.3-10
Every dwelling or accessory structure and the premises upon which located shall be rodent-p roofed and maintained so as to prevent rodent harborage.
All openings in the exterior walls, f oundations, basement, ground or first floors and roofs which have a half-inch (1/2") diameter or more opening shall be rat-proofed in an approved manner i f they are within forty-eight inches (48") of the existing exterior ground level immeciately below such openings, or if they may be reached by rats from the ground by climbing un~uarded pipes, wires, cornices, stairs, roofs and other items such as trees or vines or by burrowing.
Skirting, lattice, or other non-rat-proofed enclosures displaying evidence of rate harborage under a porch or any portions of a building shall be rat-proofed at all locations where e vidence of burrowing, or gnawing was found.
In the event that occupancy usages would result in stacking or piling materials, the materials shall be so arranged as to prohibit the creation of a harborage area. This can be accomplished by orderly stacking and elevating so that there will be a twelve-inch (12") opening between the material and the ground leve l. No stacking or piling of material shall take place against the exterior walls of the structure.
All doors, including swinging, sliding, and folding types, shall be constructed so that the space between the lower edge of the door and the threshold shall not exceed three-eighths inch (3/B"); provided further that the space between sections of folding and sliding doors when closed shall not exceed three-eig hths inch (3/B"). Basement floors and/or the floors and areas in contact with the soil and located at a maximum deoth of four feet (4') or less from the grade line shall be paved with concrete or other rat impervious material.
Any materials used for rodent control shall be a cceptable to the appropriate authority.
All fences provided by the owner or agent on the p remises and/or all fences erected or caused to be erected by an occupant shall be constructed of manufactured metal fencing material, wood, masonry, or other inert material.
Such fences shall be maintained in good condition. Wood materials shall be protected against decay by use of paint or other preservative. The permissible height and other characteristics of all fences shall conform to the appropriate statutes, ordinances, and regulations of this state, and the corporate unit.
Nherever any egress from the dwelling opens into the fenced area, there shall be a means of egress from the premises to any public way adjacent thereto.
Accessory structures present or provided by the owner, agency, or tenant occupant on the premises shall be structurally sound, and be maintained in good repair and free from insects and rodents, or such structure shall be removed from the premises. The exterior of such 12 98 45-24.3-10 structures shall be made weather resistant t h rough the use of decay-resistant materials or the use of paint or other preservatives.
Every plumbing fixture and all water and waste pipes shall be properly installed and maintained in good working condi tion.
No owner, operator, or occupant shall cause any service, facility, equipment or utility which is required under this ordinance to be removed from, or shut off from, or discontinued f or any occupied dwelling or dwelling unit let or occupied by him, excep t for such temporary interruption as may be necessary while actual repairs or alteration are in process, or during temporary emergencies when discontinuance of service is approved by the appropriate authority.
All construction and materials, ways and means of egress, and all installation and use of equipment shall conform to applicable state and local laws dealing with fire protection. or (let) to be occupied, a dwelling or dwelling unit, for the purpose of living therein, unless there is compliance with the requirements of this section.
A. Every dwelling unit shall contain at least one hundred fifty (150) square feet of floor space for the first occupant thereof, and at least one hundred thirty (130) square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room space. B.
In every dwelling unit for two (2) or more rooms, every room occupied for sleeping purposes shall contain at least seventy (70) square feet of floor space for the first occu9 ant, and at least fifty (50) square feet of floor space for e a ch additional occupant thereof. A bathroom or water closet compartment shall not be used as the only passageway to any habitable room, h all, basement, or cellar or to the exterior of a dwelling unit.
At least seventy-five per cent (75%) of the floor area of every habitable room shall have a ceiling height of no less t h an seven (7) feet and the floor area of that part of any room, where the ceiling height is less than five (5) feet, shall not be considered as part of the floor area of the room for the purpose of determining the maximum permissible occupancy thereof. At least fifty per cent (50%) of the floor area in attic rooms shall have a ceili ng height of seven (7) feet.
No space, located totally or partially below g rade, shall be used as a habitable room or dwelling unit unless : The floor, and those portions of the walls below grade, are of water proof and damp proof construction; The minimum window area, required in section 45-24.3-B is located entirely above grade of the ground adjoining such window area or, if windows are located wholly or partly below grade, that there be constructed a properly drained window well whose ground open area shall be equal to, or greater than, the area of the window opening; 13 ---99 45-24. 3-11 the bottom of the window well shall be below the top of the impervious masonry construction under this window ; and the minimum horizontal projections of the bottom of the window· well shall be equal to, or greater than, the vertical dimensions (depth) of the window well as measured from the bottom of the masonry opening for the window and no part of the window well opposite this window, shall protrude above the line projected at a forty-five degree (45°l angle from the bottom of the window opening at right angles to the outer wall.
The total openable window area in each room is equal to at lease the minimum, as required under this chapter, except where there is supplied some other device affording adequate ventilation and humidity control and approved by the appropriate authority.
There are no pipes, ducts, or other obstructions, less than six (6) feet above the floor level which interfere with the normal use of the room or area.
c. Every dwelling unit shall have at least four (4) square feet of floor-to-ceiling height closet space, for the personal effects of each permissible occupant.
If it is lacking in whole or in part, an amount of space, equal in square footage to the deficiency, shall be subtracted from the area of habitable room space used in determining permissible occupancy.
A dwelling unit shall not be occupied by more than one (1) family plus two (2) occupants unrelated to the family, except for guest or domestic employees or by not more than one (1) household if the occupants are unrelated, unless a permit for a rooming house has been granted by the appropriate authority.
D. Each dwelling shall have a suitable facility for the safe storage of medicines, toxic materials, and household poisons, such as ammonia, paint, gasoline, etc., to ensure safety for children in the residential environment. 45-24.3-12. Rooming house. -No person shall operate a rooming house, or shall occupy, or let to another for occupancy, any rooming house except in compliance with the provisions of sections 45-24.3-6 and 45-24.3-7 and section 45-24.3-11, parts A, B, C, and D. No owner or other person shall occupy, or let to another person, any vacant rooming unit unless it is clean, sanitary, and fit for human occupancy, and in compliance with all applicable requirements of this state and of the corporate unit.
No person shall operate a rooming house unless he holds a valid rooming house permit issued by the appropriate authority in the name of the operator and for the specific dwelling or dwelling unit specified therein.
The operator shall apply to the appropriate authority for such permit, which shall be issued only after it has been determined that the rooming house is in compliance with the applicable provisions of this chapter and with any rules and regulations adopted pursuant thereto. This permit shall be displayed 45-24.3-12 in a conspicuous place •·Ti thin the rooming house at all times.
No such permit shall be transferable. Every person holding such permit shall give notice in writing to the appropriate authority within twenty-four (24) hours after having sold, transferred, given away or otherwise disposed of ownership of, interest in, or control of any rooming house.
Such notice shall include the name and address of the person succeeding to the ownership, or control, of such rooming house. Every rooming house permit shall expire at the end of the year of license following its date of issuance, unless sooner suspended or revoked as hereinafter provided.
At least one (1) flush water closet, lavatory basin and bathtub or shower, properly connected to a water and sewer system or septic tank, approved by the health officer and in good working condition, ~hall be supplied for each six (6) persons, or fraction thereof, residing within a rooming house, including members of the operator's family wherever they share the use of said facilities, provided: That in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half (1/2) the required number of water closets.
That all such facilities shall be so located within the dwelling as to be reasonably accessible for a common hall or passageway to all persons sharing such facilities; That every lavatory basin and bathtub or shower shall be supplied with heated and unheated water under pressure at all times; That no such facilities shall be located in a basement, except by written approval of the appropriate authority; That cooking in a rooming unit shall be prohibited unless utilities are installed therein in accordance with applicable local and state law; That communal cooking and dining facilities in a rooming house shall be prohibited, except as approved by the enforcing officer in writing; That rooming unit doors shall have operating locks to insure privacy.
Every room occupied for sleeping purposes by one person shall contain at least eighty (80) square feet of floor space, and every room occupied for sleeping by more than one person shall contain at least sixty (60) square feet of floor space for each occupant thereof, and every such room shall also contain at least four (4) square feet of closet space per occupant with at lease an unobstructed height of five (5) feet.
If it is lacking in whole or in part of an amount of space, equal in square footage to the deficiency, shall be subtracted from the area of habitable room space used in determining permissible occupancy.
Every rooming unit above the first floor shall have immediate access to two (2) or more safe, unobstructed means of egress, appropriately marked one of which will have a minimum bead room of six (6) feet six (6)  ground level, as required by the appropriate statutes, ordinances, and regulations of this state and of the corporate unit.
Every provision of this chapter, which applies to rooming houses, shall also apply to hotels and motels, except to t h e extent that any such provisions may be found in conflict with the laws of this state or the corporate unit.
Structurally sound handrails shall be provided on any steps containing five (5) risers or more.
If steps are not enclosed, handrails and balusters spaced no more than six (6) inches apart shall be provided.
Porches and/or balconies located more than three (3) feet higher than the adjacent areas shall have (structurally) sound protective handrails thirty (30) to thirty-six (36) inches high, and if unenclosed balusters spaced no more than six (6) inches apart shall also be provided. Alternate systems providing at least the same degree of safety, if approved by the appropriate authority, will be accepted.
Access to or egress from each rooming unit shall be provided without passing through any other rooming unit, dwelling unit or bathroom.
45-24.3-13. General requirements relating to the safe and sanitary maintenance of nonresidential structures and premises. No ~erson shall occupy as owner, occupant or let to another f or occupancy any vacant dwellin~ or nonresidential structure unless it and the premises are clean, sanitary, fit for human occup ancy, and com~ly with sections 45-24. 3-6, 4 5-24.3-9, 4 5-24.3-10, 4 5-24.3-14 through (45-24.3-22) and all a pp lic a ble legal requirements of the state of Rhode Island and the corp orate unit. 45-24.3-14. Adoption of plans o f inspection . -Th e enforcing officer is hereby authorized and d ire cted to d evelop and adopt plans for the inspection of dwelling units sub j ec~ to the provisions of this chapter, including: A plan for the systematic irspection of dwelling units contained in such contiguous areas within the corporate unit as may from time to time be designated by the enforcing officer.
Before making inspections within a contiguous area pursuant to a plan authorized in this section, the enforcing officer shall advise the organization which represents the property owners and other residents of such contiguous area, if any ·such organization exists. 45-24.3-15. Inspections -Powers and duties of the enforcing officer. -The enforcing officer shall enforce the provisions of this chapter and is hereby authorized and directed to make inspections pursuant to one or more of the plans for inspection authorized by section 45-24. 3-14; or in response to a complaint that an alleged violation of this chapter or of applicable rules or regulations 16 45-24.3.,-15 pursuant thereto may exist; or when the enforcing officer has valid reason to believe that a violation of this chapter or any rules and regulations pursuant thereto has been or is beinq committed.
The enforcing officer is hereby authorized to enter and ~nspec~ between the hours of 8 a.m. and 5 p.rn. all dwellings, dwelling units, rooming houses, rooming units, dormitory rooms, and structures subject to this chapter, for the purpose of determining whether there is compliance with its provisions.
. The enforcing officer is hereby authorized to inspect th~ prem7ses surrounding dwellings, dwelling units, rooming houses, rooming units, dormitory rooms, and structures subject to this chapter , for the purpose of determining whether there is compliance with its provisions.
The enforcing officer and the o~ner, occupant or other person in charge of a dwelling, dwelling unit, rooming unit, rooming house, dormitory room, or structure subject to this chapter may agree to an inspection by appointment at a time other than the hours provided in this section.
The owner, occupant or other person in charge of a dwelling, dwelling unit, rooming unit, rooming house, dormitory room or structure upon presentation of proper identification by the enforcing officer, a copy of any relevant plan of inspection pursuant to which entry is sought, and a schedule of the specific areas and facilities to be inspected shall give the enforcing officer entry and free access to every part of the dwelling, dwelling unit, rooming unit or dormitory room, or structure to the premises surrounding any of these.
The enforcing officer shall keep confidential all evidence and information not related to the purposes of this chapter which he may discover or obtain in the course of an inspection made pursuant to this section and such evidence shall be considered privileged. Evidence so obtained shall not be disclosed except as may be necessary in the judgment of the enforcing officer for the proper and effective administration and enforcement of the provisions of this chapter and rules and regulations issued pursuant thereto and shall not otherwise be admissible in any judicial proceeding without the consent of the owner, occupant, or other person in charge of the < h'1elling unit or rooming unit, or structure inspected.
If any owner, occupant, or other person in charge of a dwelling, dwelling unit or rooming unit, or of a multiple dwelling or a rooming house or structure, fails or refuses to permit free access and entry to the structure or premises under his control. or any part thereof, with respect to which an inspection authorized by this chapter is sought to be made, the enforcing officer may, upon a showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling 17 45-24.3-15 unit, rooming unit, multiple dwellinq, or rooming house or structure petition and obtain such order from a court of competent jurisdiction.
Any person who refuses to comply with an order issued pursuan~ to this section shall be subject to ·such penalties as may be authorized by law for violation of a court order.
The enforcing officer shall have the right to prosecute for any violation of this chapter as provided by law, and is hereby authorized to execute all warrants, with the exception of search warrants, for the violation of laws, rules and regulations relating to this chapter and to serve subpoenas issued for the trial of all offenses against the laws, rules and regulations relating to this chapter.
· 45-24. 3-16. Rules and regulations -Enforcement agency -Housing boar<l of review. -The local authority is hereby authorized to make, adopt, revise and amend such rules and regulations as it deems necessary for the carrying out of the purposes of this chapter.
Establishment of enforcement agency. The local authority.w~l~ further provide for the creation and establishment of such division, offices, departments, bureaus, and agencies and their respective officers, aupties and agencies as may be required to enforce and administer the powers and duties authorized by this chapter.
Housing board of review. The local authority will provide for the selection and-Organization of a housing board of review consisting of five (5) members. The local authority is authorized to designate the board of appeals as the housing board of review in the cities and towns where such board s of appeal now exists or may hereinafter be authorized by law. T. 1-.e chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of such board shall be open to the public. Any such housing board of review established pursuant to this chapter shall be governed by the following procedure: The board shall keep minutes of its proceedings, showing the vote upon each question, and shall keep records of its decisions and findings and the reasons therefor, and of its examinations and other official actions, all of which shall be filed immediately in the office of the board and shall be a public record.
The housing board of review shall be governed by section 45-24. 3-21 pertaining to appeals therefrom. 45-24.3-17. Notice of violation. -Whenever the enforcing officer determines that any dwelling, dwelling unit, rooming unit, or structure, or the premises surrounding any of these, fails to meet the requirements set forth in this chapter or in applicable rules and regulations issued pursuant thereto, he shall issue a notice setting forth the alleged failures, and advising the owner, occupant, operator, or ageny that such failures must be corrected. This notice shall: 18 45-24.3-17 Be in writin!J. Set forth the alleged violations of the chapter or of applicable rules and regulations issued pursuant thereto.
Describe the dwelling, dwelling unit, rooming unit, or struc;:ture where the violations are alleged to exist or to have been committed.
Provide a reasonable time, not to exceed sixty (60) days, for the correction of any violation alleged.
Be served upon the owner, occupant, operator, or agent of the dwellinq, dwelling unit, rooming unit, or structure personally, or by certified or registered mail, return receipt requested, addressed to the last kno\•m place of residence of the owner, occu9ant, oper-· ator, or agent.
If one or more persons to whom such notice is addressed cannot be found after diligent effort to do so , service may be made upon such person or persons by posting a notice in or about the d\11elling, dwelling unit, rooming unit, or structure described in the notice, or by causing any such notice to be published in a newspaper of general circulation, for a period of three (J) consecutive days.
At the end of the period of time allowed for the correction of any violation alleged, the enforcing officer shall reinspect the dwelling, dwelling unit, rooming unit or structure described in the notice.
If upon reinspection the violations alleged are determined by the enforcing officer not to have been corrected, he shall issue a second notice of violation which shall constitute an order requiring that the then existing failures to meet the requirements of this chapter or of applicable existinq rules or regulations issued pursuant thereto, shall be corrected within a reasonable time allowed, but not to exceed sixty (60) days after the date of such reinspection, if the person served wi th such notice does not petition for a hearing on the matter in the manner hereinafter provided.
The enforcing officer shall cause a copy of the second notice to be posted in a conspicuous place in or about the dwelling, dwelling unit, rooming unit, or structure where the violations are alleged to exist, and shall serve it in the manner provided in this section.
The enforcing officer, after the expiration of time granted the person served with such second notice to seek a hearing in the manner hereinafter provided by this chapter, or after final decision by the housing board of review or by a court of competent jurisdicition to which an appeal has been taken, shall cause the second notice to be recorded in the land registry of the corporate unit.
Such notice and a lien shall state that a violation of this chapter has occurred and that a cumulative civil penalty has been imposed. Such lien shall have the same priority as any municipality tax lien. No notice and lien recorded under this chapter shall be released until such violation has been abated and the penalty imposed as provided for in s ection 45-24 . 3-18 has been paid . Any lien recorded under this chapter may be foreclosed in the manner provided by law for the foreclosure of tax liens.
19 45-24.3-17 All subsequent transferees of the dwelling, dwelling unit, rooming unit, or structure in connection with which a second notice has been so recorded shall be deemed to have notice of the continuing existence of the violations alleged, and shall be liable to all penalties and procedures provided by this chapter and by applicable rules and regulations issued pursuant thereto to the same degree as was t.~eir t~ansferor.
It shall be unlawful for the owner of any residential or nonresidential building upon whom a notice of violation or order has been served to sell, transfer, mortgage, lease or otherwise dispose thereof to another until the provisions of the notice or order have been complied with or until such owner shall first furnish to the grantee, lessee or mortgagee prior to such transfer, lease or mortgage, a true copy of any notice or order issued by the enforcing officer, and at the same time notify the enforcing officer in writing of the intent to transfer, lease, or mortgage either by delivering said notice of intent to the enforcing officer and receiving a receipt therefor, or by registered or certified mail, return receipt requested, giving the name and address of the person to whom the transfer, lease or mortgage is proposed. A transferee, lessee, or mortgagee ~ho has received actual or constructive notice of the existence of a notice or order shall be bound by such notice or order as of the date of such transfer, mortgage or lease without service of further notice upon him. 45-24.3-18. Penalties -District court jurisdicition -Review by Supreme Court. -(a) Civil penalty. -Any owner, occupant, operator or agent, of dwelling, dwelling unit, rooming unit, or structure who has received the second order or notice of a violation of this chapter shall be subject to a cu.~ulative civil penalty of three dollars ($3.00) per day for each day each violation continues after expiration of the specified reasonable consideration period; provided that no such penalty shall be applicable while a reconsideration, hearing or appeal to a court of competent jurisdicition is pending in the matter.
In such instances where emergencies exist pursuant to section 45-24.3-21, any owner, operator, occupant or agent of a dwelling, dwelling unit, rooming unit, or structure shall be subject to a cumulative civil penalty of one hundred dollars ($100) per day for each day emergency violation continues.
(b) Criminal penalties. -Willful or reckless violations; false statements. -Any person who (:) (1) willfully or recklessly violates any provision of this chapter, or (2) willfully or recklessly violates, or fails to comply with, any requirement of an order of t.~e enforcing officer; or (3) makes, or causes any other to make, any false or misleading statement on any registration statement, notice or other document required to be filed pursuant to this chapter, or on any application, 20 45-24. [3][4][5][6][7][8][9][10][11][12][13][14][15][16][17][18] or any accompanying document, for the granding of any permit or any other action by the appropriate authority pursuant to this chapter, shall be guilty of a violation, as defined in section 11-1-2, punishable by a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500) for each such violation, and each d a y's failure to comply with any such provision shall constitute a separate violation.
A person commits a willful violation when he intentionally acts or intentionally fails to act, to cause a condition that violates this chapter. A person commits a reckless violation when he acts, or fails to act, with a conscious disreaard of a substantial risk that the act or failure to act will res~lt in a condition, constituting a violation of this chapter, which will endanger the life, health, or safety of another person. The district court shall have exclusive original jurisdiction of all such violations as provided ( in section 12-3-1. A party aggrieved by any judgment of the district court imposing such fine may seek review by the Supreme Court in accordance with section 12-22-1.1. 45-24.3-19. Repairs and other corrective action -Demolition -Revolving fund. -Repairs and other corrective action. Whenever an owner, operator, or agent of a dwelling, dwelling unit, rooming unit, or structure fails, neglects, or refuses to make repairs or other corrective action called for by a second order or notice of violation issued pursuant to section 45-24.3-17, the enforcing officer may undertake such repairs or action, when in its judgment a failure to make them will endanqer the public health, safety or welfare, and the cost of such reoairs and action will not exceed fifty per cent (50%) of the fair . market value of the structure to be repaired.
Notice of the intention to make such repairs or take other corrective action shall be served upon the owner, operator, or agent pursuant to section 45-24. 3-17. Every owner, operator, or agent of a dwelling, dwelling unit, rooming unit, or structure who has received notice of the intention of the enforcing officer to make repairs or take other corrective action shall give entry and free access to the agent of the enforcing officer for the purpose of making such repairs.
Any owner, operator, agent or occupant of a dwelling, dwelling unit, rooming unit or structure who refuses, impedes, interferes with, hinders, or obstructs entry by such agent pursuant to a notice of intention to make repairs or take other corrective action shall re subject to a civil penalty of twenty-five dollars ($25.00) for each such failure to comply with this section.
When repairs are made or other corrective action taken at the direction of the enforcing officer, cost (of) such repairs and corrective action shall constitute a debt in favor of the corporate unit against the owner of the repaired structure.
In event such 21 45-24. [3][4][5][6][7][8][9][10][11][12][13][14][15][16][17][18][19] owner fails, neglects, or refuses to pay the corporate unit the amount of this debt, it shall be recoverable in a civil action against the owner of his successor, brought in a court of competent jurisdiction by the corporate unit which shall possess all right of a private creditor. Designation of unfit dwellings, dwelling units, rooming units, and structures. Any dwelling, dwelling unit, rooming unit, or structure, shall be designated as unfit for human habitation, when any of the following defects or conditions are found, and when in the opinion of the enforcing off icer, these defects create a hazard to the health, safety, or welfare of the occupants or of the public: Is damaged, decayed, dilapidated, unsanitary, unsafe, or vermininfested.
Lacks illumination, ventilation, or required thermal and sanitation facilities.
The general condition of location is unsanitary, unsafe, or unhealthful.
Whenever any dwelling, dwelling unit, roornin~ unit, or structure has been designated as unfit for human habitation, the enforcing officer shall placard the dwelling, dwelling unit, or rooming unit, or structure, indicating that it is unfit for human habitation, and, if occupied, shall order the dwelling, dwelling unit, rooming unit, or structure vacated within a reasonable time, such time to be not more than thirty (30) days.
No dwelling, dwelling unit, rooming unit, or structure, which has been designated as unfit for human habitation and which has been placarded as such and has been vacated shall be used again for human habitation until written approval is secured from the enforcing officer and the placard removed by the enforcing officer.
The enforcing officer shall rescind the designation and remove the placard when the defect or condition upon which such designation and such placarding was based has been removed or eliminated as to cause the dwelling, dwelling unit, rooming unit, or structure, to be deemed by the enforcing officer as a safe, sanitary, and fit place or unit for human habitation.
No person shall deface or remove the placard from any dwelling, dwelling unit, rooming unit, or structure which has been designated as unfit for human habitation and has been placarded as such except as provided in this section.
Any person affected by any decision of the enforcing officer or by any designation or placarding of a dwelling, dwelling unit, rooming unit, or structure as unfit for human habitation shall be granted a hearing on the matter before the enforcing officer under the procedure set forth in section 45-24.3-21.
The enforcing officer may order the owner of any building, which has been in the past and/or is vacant and open at door and/or window to be boarded to comply with the following specifications; 22 to support the health and safety of occupants. Sufficient electrical sources shall be provided to permit use of essential electrical appliances while assuring safety from fire.

Acceptability Criteria
Living and sleeping rooms shall include at least 9ne window. A ceiling or wall type light fixture shall be present and working in the bathroom and kitchen area. At least two electric outlets one of which may be an overhead light, shall be present and operable in the living area, kitchen area , and each bedroom area.
F. Structure and naterials

Performance Requirement
The dwelling unit shall be structurally sound so as to protect the occupants from the environment.

Acc~ptability Criteria
Ceilings, walls, and floors shall not have any serious defects such as severe bulging or leaning, large holes , loose surface materials, severe buckling or noticeable movem~nt under walking stress, missing parts or other serious damage. The roof structure shall be firm and the roof shall be ·ueathertight. The exterior wall surface shall not have any serious leaning) buckling , sasging~ cracks or holes, loose siding, or other serious damage. The condition and equipment of interior and exterior stairways , halls , porches, walkways . etc. , shall be such as not to present a danger of tripping or falling. Elevators shall be maintained in safe and operatine condition. In the case of a mobile home , the home shall be securely anchored by a tiedown device which distributes and transfers the loads imposed by the unit to appropriate eround anchors so as to resist wind overturning and sliding . -3-

Performance Requirement
The dwelling unit shall be free of pollutants in the air at levels whi"c~h threaten the health of the occupants.

Acceptability Criteria
The dwelling unit shall be free from dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas , dust, and other harmful air pollutants. Air circulation shall be adequate throughout the unit. Bathroom areas shall have at least one openable window or other adequate exhaust ventilation.

Performance Requiremen~
The water supply shall be free from contamination.

Acceptability Criteria
The unit shall be served by an approved public or private sanitary water supply. ii. If the property was constructed prior to 1950, the Family upon occupancy shall have been furnished the notice required by HUD Lead Based Paint regulations and procedures regarding the hazards of lead based paint poisoning, the symptoms and treatment of lead poisoning and the precautions to be taken against lead poisoning.