§ 5-58. Minimum standards for space, light and ventilation, basic facilities, equipment, and maintenance.

(a)

No person shall occupy, or let to another for occupancy, any dwelling or dwelling unit for the purpose of living, sleeping, cooking, or eating therein, or occupy or let any hotel, hotel unit, rooming house, or rooming unit, for the purpose of living or sleeping therein, which does not comply with the minimum standards and requirements established hereunder.

(b)

Requirements for space.

(1)

Each dwelling and each dwelling unit shall have a minimum gross floor area of not less than one hundred fifty (150) square feet for the first occupant and not less than one hundred (100) square feet for each additional occupant.

(2)

Every room or unit in a dwelling, dwelling unit, hotel, or rooming house occupied for sleeping purposes shall:

a.

Have a gross floor area of not less than seventy (70) square feet and, when occupied by more than one occupant, it shall have a gross floor area of not less than fifty (50) square feet for each occupant.

b.

Have a minimum width of seven (7) feet.

(3)

Gross floor area shall be calculated on the basis of total habitable room area.

(4)

Every habitable room or unit in a dwelling, dwelling unit, hotel, and rooming house shall have a ceiling height of not less than seven (7) feet for at least fifty (50) per cent of the floor area of the room. Any portion of a habitable room having a ceiling height of five (5) feet or less shall not be included in computing the gross floor area of such room.

(5)

Every dwelling unit shall have a minimum of twenty-four (24) square feet of total shelving in wall or base cabinets for the storage of cooking utensils. Usable storage shelving in a cooking range or under a sink may be included in the calculation of meeting this requirement. Where in existence, cabinet doors shall be properly and securely hung and shall be maintained in good condition.

(6)

Every dwelling or dwelling unit shall have a minimum of twelve (12) square feet of floor area of closet space for the first bedroom and six (6) square feet of floor area of closet space for each additional bedroom. Kitchen closet space shall not be considered as space meeting this requirement. All clothes closets shall have a shelf and rod.

(c)

Requirements for light and ventilation.

(1)

Every habitable room shall have at least one (1) window with a minimum total area of not less than eight (8) per cent of the floor area of the room or a skylight with a minimum total area of not less than fifteen (15) per cent of the floor area of the room.

a.

Windows and skylights shall face directly to the outdoors.

b.

A window shall be deemed not to face directly to the outdoors, and shall not be included in the required minimum total window area, if exterior walls of adjacent buildings or other light-obstructing structures are located less than three (3) feet from the window and extend to a level above the ceiling of the room in which the window exists.

(2)

Every habitable room shall contain at least two (2) separate, properly installed floor- or wall-type electric outlets or one (1) such outlet and one (1) properly installed ceiling-type electric light fixture; and every bathroom, shower room, or water closet compartment shall contain at least one (1) properly installed ceiling- or wall-type electric light fixture. Switches, outlets, and fixtures shall be located, installed, and maintained so as to avoid the danger of electrical shock. Switches and electrical receptacles in bathrooms shall be located at least three (3) feet from a bathtub or shower.

(3)

Every hall, stairway, and other space or area located within, or on the exterior of, a dwelling, dwelling unit, hotel, or rooming house shall be provided with properly installed electric lighting facilities capable of providing not less than one (1) footcandle of illumination throughout and such facilities shall be controlled by, and available to, the occupants at all times.

(4)

Every habitable room shall be ventilated directly to the outdoors. Such ventilation shall be provided by an openable area equal to fifty (50) per cent of the required minimum window or skylight area or by satisfactory mechanical ventilation complying with the Florida Building Code and other regulatory codes of Broward County and the state of Florida.

(5)

Every bathroom, shower room, or water closet compartment shall comply with the light and ventilation requirements established for habitable rooms under Subsection 5-58(c)(4) of this article, except that windows or skylights shall not be required in those bathrooms, shower rooms, and water closet compartments equipped with an adequate and properly functioning ventilating system installed and maintained in accordance with the Florida Building Code and other regulatory codes of Broward County and the state of Florida.

(6)

The openable area of every window or other device opening to the outdoors and intended to provide ventilation for a habitable room, bathroom, shower room, or water closet compartment shall be properly fitted with an adequate screen for protection against mosquitoes, flies, and other insects.

(7)

Every door opening directly from a dwelling, dwelling unit, hotel, or rooming unit to outdoor spaces shall be adequately screened for protection against mosquitoes, flies, and other insects.

a.

Where separate screen doors are provided, they shall be self-closing.

b.

Screen doors shall not be required for units which are mechanically air conditioned or which have a total openable window area of fifteen (15) per cent of the total floor area.

c.

The screen wire installed on every screen door or on every window screen shall be at least 18 × 14 mesh per inch.

(8)

Every window and exterior door shall be reasonably weather-tight, maintained without cracks and holes, and in a good state of repair. All windows intended for ventilation must be equipped with fully operable hardware. Every interior door shall be maintained in a good state of repair.

(d)

Requirements for basic sanitary facilities and equipment.

(1)

Each dwelling and dwelling unit shall have not less than the following:

a.

A flush water closet, lavatory basin, and a bathtub or shower;

b.

An approved source of running water suitable for human consumption;

c.

An approved type kitchen sink; and

d.

Adequate receptacles for the storage of garbage, trash, refuse, and rubbish.

(2)

Each hotel and rooming house shall have not less than the following:

a.

One (1) flush water closet, lavatory basin, and bathtub or shower for each six (6) persons, or fraction thereof, residing within such hotel or rooming house;

b.

An approved source of running water suitable for human consumption;

c.

Where ten (10) or more persons may occupy a hotel or rooming house, separate facilities consisting of one (1) flush water closet, lavatory basin, and bathtub or shower, in a sanitary and good working condition, shall be provided for each sex;

d.

Where, in a hotel or rooming house, rooms are let only to males, flush urinals may be substituted for not more than one-half (½) of the required number of water closets; and

e.

Adequate receptacles for the storage of garbage, trash, refuse, and rubbish.

(3)

Each dwelling, dwelling unit, hotel, and rooming house shall provide privacy for, and accessibility to, toilet and bath facilities as follows:

a.

All water closets, urinals, bathtubs, and showers shall be located in a room or rooms which afford privacy to the user;

b.

Rooms containing water closets, urinals, bathtubs, or showers shall be not more than one (1) story removed from the hotel or rooming unit of any occupant sharing the facilities; and

c.

All toilet and bath facilities shall be so located so as to be accessible without going outside of the building or without going through a dwelling unit, hotel unit, or rooming unit of another occupant.

(4)

Each kitchen sink, lavatory basin, bathtub, and shower shall be supplied with hot and cold water. The water heating facility shall be adequate to supply at least twenty (20) gallons of not less than one hundred twenty (120) degrees Fahrenheit water per day for each occupant.

a.

Water heating facilities shall be properly installed, connected, and maintained in a safe and good working condition.

b.

No electric water heater shall be allowed in any bathroom unless the water heater and all electrical connections are totally encased in a nonconductive material or the water heater is installed in such a manner as to avoid any probability of shock hazard.

(5)

All plumbing fixtures shall be properly connected to approved water, sewer, or gas systems. Where a sewer system is not available, drain lines shall be connected to an approved septic tank.

(6)

Every plumbing fixture, water pipe, waste pipe, gas line, and drain line shall be maintained in a good, sanitary working condition.

(7)

Every supplied facility and piece of equipment to be utilized by a tenant or occupant, including tenant-owned equipment, shall be maintained in a safe, sanitary, and properly operating condition.

(8)

Floor surfaces in water closet compartments, bathrooms, shower rooms, and kitchens shall be covered with asphalt, vinyl-plastic, rubber tile, ceramic tile, terrazzo, or linoleum or other durable, waterproof, nonabsorbent material, and such floors shall be properly maintained in a clean and sanitary condition. No finished flooring material which requires "face nailing" shall be used.

(9)

Every occupied dwelling and dwelling unit shall have a properly installed cooking facility consisting of a stove having at least two (2) top burners and all necessary utility connections for said cooking facility. Cooking facilities shall not be permitted in any hotel unit or rooming unit.

(e)

General requirements for all dwellings, dwelling units, hotels, hotel units, rooming houses, and rooming units.

(1)

Foundations, floors, walls, ceilings, roofs, windows, doors, and all other building parts shall be structurally sound, weathertight, watertight, and rodent proof and shall be kept in good repair. All roof surfaces shall be watertight. Where water is permitted to stand on a roof for cooling purposes, the roof must be designed for that purpose, and proper precautionary measures taken to prevent breeding of mosquitoes and other similar insects. Gutters and downspouts, where in existence, shall be maintained in a good state of repair.

(2)

Inside and outside stairways, porches, balconies, hallways, corridors, and all appurtenances thereto shall be maintained in a safe condition and be capable of supporting the loads set forth in the Florida Building Code and other regulatory codes of Broward County and the state of Florida. No stair riser height shall exceed seven (7) inches and no stair tread depth shall be less than eleven (11) inches. Protective railings or handrails shall be required on any unenclosed structure over three (3) feet from the ground level, and on every interior or exterior stair or stairwell of more than four (4) risers, and shall be located in accordance with the requirements of the Florida Building Code.

(3)

All parts and areas subject to deterioration shall be properly maintained and suitably protected from the elements.

(4)

Chimneys, smoke pipes, flues, ventilating pipes, and ducts shall be maintained in a safe, properly operating condition.

(5)

Every plumbing fixture, water pipe, drain, waste pipe, and gas pipe shall be maintained in a sanitary and good working condition, free from defects, leaks, and obstructions.

(6)

All electrical wiring and accessories shall be maintained in a safe and good working condition.

(7)

All accessory structures including fences, garden walls, and other similar enclosures shall be kept clean and maintained in reasonably good repair, free from infestations.

(8)

Exterior premises shall be kept free from excessive growth of weeds, grass, and other flora. The term "excessive" shall be interpreted as a condition, the existence of which could be detrimental to the health, safety, and welfare of the occupants of the premises or to the public.

(f)

Heating facilities.

(1)

Every dwelling, dwelling unit, hotel unit, or rooming unit which is let, or intended to be let, for occupancy shall have adequate space-heating facilities, which are properly installed and maintained in a safe and good working condition as provided in the Florida Building Code and other regulatory codes of Broward County and the state of Florida.

a.

A heating facility shall be adequate only if it contains permanent space-heating equipment capable of heating two-thirds ( 2/3 ) of all habitable rooms to a minimum air temperature of sixty-eight (68) degrees Fahrenheit, to be measured three (3) feet above the floor when the outside temperature is forty-five (45) degrees Fahrenheit, or permanent space-heating equipment with a capacity of five (5) BTUs per hour of input per cubic foot of habitable room space within two-thirds (?) of the habitable room.

b.

The five (5) BTUs per hour input standard is based on a heating unit with seventy (70) per cent rating of input to output efficiency. An appropriate correction factor will be applied when the proposed heating unit exceeds an input to output efficiency rating of seventy (70) per cent. Heating units supplied on the basis of this calculation shall otherwise comply with the standards set forth hereunder.

c.

Permanent heating equipment is defined as heating equipment securely affixed to a structure and properly connected to a flue or vent or, if electric, properly installed and permanently connected to an adequately wired and sized branch.

(2)

Heating equipment shall be installed and maintained in accordance with the provisions of the Florida Building Code and other applicable regulatory codes of Broward County and the state of Florida.

(3)

Oil heaters, gas heaters, and wood stoves shall be connected to a properly installed vent, said vent conforming to the provisions of the Florida Building Code.

(4)

Electric heaters shall be of a type readily fixed into position and be properly installed and permanently connected to an adequately wired and sized branch.

(5)

Any portable heating device approved by the Underwriter's Laboratories, Inc., or a properly installed fireplace, may be used as an accessory heating unit.

(6)

Accessory heating units will be deemed to be supplementary to a permanent heating facility and shall not be considered when calculating the adequacy of the permanently installed heating equipment.

(7)

Only those accessory heating units which are approved and acceptable under regulations promulgated by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation, or successor agency, and other applicable regulatory codes, shall be used in any hotel unit or rooming unit.

(8)

The use of unsafe heating or cooking stoves and the use of cooking stoves, including ovens, for heating purposes is prohibited.

(Ord. No. 76-55, § 7, 10-12-76; Ord. No. 2010-09, § 1, 2-9-10)