City Ordinance Revisions 2025/04/22 International Property Maintenance Code Ord. 2536

View the PDF version Google Docs PDF Viewer

                                         City of Muskegon
                                    Muskegon County, Michigan
                                Ordinance Amendment No. 2536


THE CITY OF MUSKEGON HEREBY ORDAINS:


Chapter 10, Sections 10-401 through 415 are repealed and Chapter 10, Sections 10-501 through
10-503 are adopted of the Code of Ordinances of the City of Muskegon, Michigan as follows:


   1.   Chapter 10, Sections 10-401 through 10-415 of the Code of Ordinances of the City of
        Muskegon, Michigan, are repealed.


   2.   Chapter 10, Section 10-501 is adopted to read as follows:



        Section 10-501. The International Property Maintenance Code of 2021 and all future
        amendments and revisions is adopted by reference and is incorporated in the ordinances
        of the City. A copy shall be kept on file in the office of the Clerk of the City of
        Muskegon. The International Property Maintenance Code be and is hereby adopted as
        the Property Maintenance Code of the City of Muskegon, State of Michigan for
        regulating and governing the conditions and maintenance of all property, buildings, and
        structures; by providing the standards for supplied utilities and facilities and other
        physical things and conditions essential to ensure that structures are safe, sanitary and fit
        for occupation and use; and each and all of the regulations, provisions, penalties,
        conditions and terms of said Property Maintenance Code on file in the office of the City
        of Muskegon are hereby referred to, adopted, and made a part hereof, as fully set out in
        this legislation, with the additions, insertions, deletions and changes prescribed in Section
        10-502 of this ordinance.

   3.   Chapter 10, Section 10-502 is adopted to read as follows:

        Section 10-502.The following sections of the International Property Maintenance Code
        are amended, deleted or adopted as set forth as indicated.

        a)      Section 101.1 Title. Shall be amended and restated to read as follows:

                101.1 Title. These regulations shall be known as the International Property
                Maintenance Code of the City of Muskegon hereinafter referred to as “this code”.

        b)      Section 104.1 Fees. Shall be amended and restated to read as follows:

                104.1 Fees. The fees for activities and services performed by the department in
                carrying out its responsibilities under this code shall be as adopted following
                proper procedures and as amended from time to time by the City of Muskegon.

        c)      Section 109.3 Prosecution of Violation. Shall be amended and restated as follows

                109.3 Prosecution of Violation. Any person failing to comply with a notice of
                violation or order served in accordance with Section 107 shall be deemed
                responsible of a civil infraction as determined by the local municipality, and the
                violation shall be deemed a strict liability offense. If the notice of violation is not


                                                   1
     complied with, the code official may institute the appropriate proceeding at law or
     in equity to restrain, correct or abate such violation, or to require the removal or
     termination of the unlawful occupancy of the structure in violation of the
     provisions of this code or of the order or the direction made pursuant thereto. Any
     action taken by the authority having jurisdiction on such premises shall be
     charged against the real estate upon which the structure is located and shall be a
     lien upon such real estate.

d)   Section 110.4 Failure to comply. Shall be amended and restated to read as
     follows:

     110.4 Failure to comply. Any person who shall continue any work after having
     been served with a stop work order, except such work as that person is directed to
     perform to remove a violation or unsafe condition, shall be prosecuted as a civil
     infraction as provided by state or local laws.

     Section 302.4 Weeds. Shall be deleted in its entirety.

     Section 302.8 Motor Vehicles. Shall be deleted in its entirety.

g)   Section 304.2 Protective treatment. Shall be amended and restated to read as
     follows:

     304.2 Protective treatment. Exterior surfaces, including but not limited to, doors,
     door and window frames, cornices, porches, trim, balconies, decks, and fences,
     shall be maintained in good condition. Exterior wood surfaces, other than decay-
     resistant woods, shall be protected from the elements and decay by painting or
     other protective covering or treatment. Peeling, flaking and chipped paint shall be
     eliminated, and surfaces repainted. Siding and masonry joints, as well as those
     between the building envelope and the perimeter of windows, doors, and
     skylights, shall be maintained weather resistant and watertight. Metal surfaces
     subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and
     surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust
     corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces
     designed for stabilization by oxidation are exempt from this requirement.

     All materials, colors, and product applications used in or for exterior repairs,
     including boarded up windows or doors, roofing, ceilings, soffits, fascia, decks,
     landings, porches, and similar repairs shall be installed in a workmanship manner,
     consistent with generally accepted construction practices and in accordance with
     the product manufacturers recommendations. All repairs shall be exterior weather
     protected and sealed tight. The materials, products, color and general design of
     the repair shall be the same as that of the existing structure.

h)   Section 304.14 Insect screens. Shall be amended and restated to read as follows:

     304.14 Insect screens. During the period from April 1 to October 31, every door,
     window and other outside opening required for ventilation of habitable rooms,
     food preparation areas, food service areas or any areas where products to be
     included or utilized in food for human consumption are processed, manufactured,
     packaged or stored shall be supplied with approved tightly fitting screens on
     minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for
     insect control shall have a self-closing device in good working condition. Screens
     shall not be required where other approved means, such as air curtains or insect
     repellent fans, are employed.

     Section 307.1. General. Shall be amended and restated to read as follows:

     307.1 General. Every existing exterior and interior flight of stairs having more
     than four risers shall have a handrail on one side of the stair and every open
     portion of a stair, landing, balcony, porch, deck, ramp or other walking surface
     that is more than 30 inches above the floor or grade below shall have guards.
     Handrails shall be not less than 30 inches in height or more than 42 inches in
     height measured vertically above the nosing of the tread or above the finished
     floor of the landing or walking surfaces. Existing guards shall be not less than 30
     inches in height above the floor of the landing, balcony, porch, deck, ramp, stair
     nosing, or other walking surface and shall not have openings that allow passage of
     a sphere greater than 6” in diameter. All new guardrails and handrails installed
     after the adoption of this ordinance shall be installed in accordance with the
     adopted building code. Guards shall not be required where exempted by the
     adopted building code.

j)   Section 308.2.2 Refrigerators. Shall be deleted in its entirety.

k)   Section 309.2 Owner. Shall be amended and restated to read as follows:

     309.2 Owner. The owner of any structure shall be responsible for pest elimination
     within the structure prior to renting, leasing, or otherwise allowing occupancy of
     the structure. If the code official has reason to believe the structure has any
     insects, pests, or rodents, the code official shall have the authority to require the
     owner to eliminate the pests and submit a written statement from an licensed pest
     control agency stating that the structure has been treated and is free from insects,
     pests, or rodents prior to a certificate of compliance issued and before inspection
     and occupancy of the structure is permitted.

     Section 309.3 Single occupant. Shall be deleted in its entirety.

     Section 309.4 Multiple occupancy. Shall be deleted in its entirety.

     Section 309.5 Occupant. Shall be deleted in its entirety.

     Section 403.1 Habitable spaces. Shall be amended and restated to read as follows:

     403.1 Habitable spaces. Every habitable space shall have not less than one
     openable window. The total openable area of the window in every room shall be
     equal to not less than 45 percent of the glazed area of the window.

P)   Section 403.3 Cooking facilities. Shall be amended and restated as follows:
     403.3 Cooking facilities. All dwelling units shall include a kitchen that at a
     minimum includes a cooking appliance consisting of a stove, oven, and a
     refrigerator, all appliances shall be maintained in good condition. A cooking
     appliance shall not be permitted to be present in a rooming unit or dormitory unit.

q)   Section 404.3 Minimum ceiling heights. Shall be amended and restated as
     follows:

     404.3 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry
     areas, bathrooms, toilet rooms and habitable basement areas shall have a
     minimum clear ceiling height of 6 feet 8 inches (2033 mm). In one- and two-
     family dwellings, beams or girders spaces not less than 4 feet (1219 mm) on
     center and projecting not greater than 6 inches (152 mm) below the required
     veiling height. Basement rooms in one- and two-family dwellings occupied
     exclusively for laundry, study or recreation purposes, having a minimum ceiling
     height 6 feet 8 inches (2033 mm) with a minimum clear height of 6 feet 4 inches
     (1932 mm) under beams, girders, ducts and similar obstructions. Rooms occupied
     exclusively for sleeping, study or similar purposes and having a sloped ceiling
     over all or part of the room, with a minimum clear ceiling height of 6 feet 8 inches
     (2033 mm) over not less than one-third of the required minimum floor area. In
     calculating the floor area of such rooms, only those portions of the floor area with
     a minimum clear ceiling height of 5 feet (1524 mm) shall be included.

     Section 503.1 Privacy. Shall be amended and restated as follows:

     503.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not
     constitute the only passageway to a hall or other space, or to the exterior. A door
     and interior locking device shall be provided for all bathrooms and toilet rooms in
     a dwelling.

     Section 503.4 Floor surface. Shall be amended and restated as follows:

     503.4 Floor surface. Every toilet room, bathroom, and kitchen/cooking room floor
     shall be maintained to be a smooth, hard, nonabsorbent surface to permit such
     floor to be easily kept in a clean and sanitary condition.

t)   Section 602.3 Heat Supply. Shall be amended and restated to read as follows:

     602.3 Heat supply. Every owner and operator of any building who rents, leases
     or lets one or more dwelling units or sleeping units on terms, either expressed or
     implied, to furnish heat to the occupants thereof shall supply heat during the
     period from October 1 to May 31 to maintain a minimum temperature of 68°F
     (20°C) in all habitable rooms, bathrooms and toilet rooms.

     When the outdoor temperature is below the winter outdoor design temperature for
     the locality, maintenance of the minimum room temperature shall not be required
     provided that the heating system is operating at its full design capacity. The
     winter outdoor design temperature for the locality shall be as indicated in
     Appendix D of the International Plumbing Code.


                                        4
In areas where the average monthly temperature is above 30°F (1°C), a minimum
temperature of 65°F (18°C) shall be maintained.

Section 602.4 Occupiable work spaces. Shall be amended and restated as follows:

602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied
with heat during the period from October 1 to May 31 to maintain a minimum
temperature of 65°F (18°C) during the period the spaces are occupied. This
requirement does not apply to does not apply to processing, storage and operation
areas that require cooling or special temperature conditions or areas in which
persons are primarily engaged in vigorous physical activities.

Section 603.1 Mechanical appliances. Shall be amended and restated as follows:

603.1 Mechanical appliances. Functioning mechanical appliances, fireplaces,
solid fuel-burning appliances, furnaces, and water heating appliances shall be
properly installed and maintained in a safe working condition and shall be capable
of performing the intended function. For all dwelling units all gas fired
mechanical appliances shall be inspected by a State of Michigan licensed
mechanical contractor and a report of the findings shall be submitted prior to the
issuance of a certificate of compliance. The report shall include a part per million
reading of carbon monoxide and such reading shall be taken from the clear
breathing zone in the interior of the dwelling.

Section 604.3 Electrical service hazards. Shall be amended and restated as
follows:

604.3 Electrical service hazards. Where it is found that the electrical system in a
structure constitutes a hazard to the occupants or the structure by reason of
inadequate service, improper fusing, insufficient receptacle or lighting outlets,
improper wiring or installation, deterioration or damage, or for similar reasons,
the code official shall require the defects to be corrected to eliminate the hazard.
Electrical cords shall not be the permanent source of connection serving
appliances or installed in such a manner that impairs, obstructs, or hinders in any
way the path of egress or could result in the electrical cord becoming a trip
hazard.

Section 605.2 Receptacles. Shall be amended and restated as follows:

605.2 Receptacles. Every habitable space in a dwelling shall contain not less than
two separate and remote receptacle outlets. Every laundry area shall contain not
less than one grounding- type receptacle. In addition, all receptacles in laundry
areas in the basement must include a ground fault circuit interrupter. Every
bathroom shall contain not less than one receptacle. Any bathroom receptacle
outlet shall have ground fault circuit interrupter protection. All receptacle outlets
within six (6) feet of a water appliance such as sinks, laundry tubs, bathtubs,
showers, and similar such appliances with water supplies to it shall have ground
fault circuit interrupter protection. All receptacle outlets shall have the appropriate
faceplate cover for the location.
     Z)       Section 704.6.3 Power source. Shall be amended and restated as follows:

              704.6.3 Power source. Single station smoke alarms shall receive their primary
              power from the building wiring provided that such wiring is served from a
              commercial source and shall be equipped with a battery backup. All hard-wired
              smoke alarms shall only be replaced with hard wired smoke alarms. Smoke
              alarms with integral strobes that are not equipped with battery backup shall be
              connected to an emergency electrical system. Smoke alarms shall emit a signal
              when the batteries are low. Wiring shall be permanent and without a
              disconnecting switch other than is required for overcurrent protection.

              In existing dwellings, where no construction is taking place, and where smoke
              alarms are required by 704.2.1.2 smoke alarms are permitted to be factory
              warrantied 10 year sealed solely battery operated. All smoke detectors must be
              UL listed.


              Smoke alarms are permitted to be factory warrantied 10 year sealed solely battery
              operated in buildings that are not served from a commercial power source.


              Smoke alarms are permitted to be factory warrantied 10 year sealed solely battery
              operated in existing areas of buildings undergoing alterations or repairs that do
              not result in the removal of interior walls or ceiling finishes exposing the
              structure, unless there is an attic, crawl space or basement available that could
              provide access for building wiring without the removal of interior finishes. All
              smoke detectors must be UL listed.



     aa)      Section 705.1 shall be adopted to read as follows.

              705.3 Carbon monoxide alarms. Carbon monoxide alarms shall be provided in all
              dwelling units where the dwelling unit contains a fuel fired appliance and/or the
              dwelling unit has an attached garage with an opening that communicates with the
              dwelling unit.

              Carbon Monoxide alarms shall be installed in accordance with their listing and the
              Michigan Residential Building Code in effect at the time of installation of the
              carbon monoxide detector.

4,   Chapter 10, Section 10-503 is adopted to read as follows:

           Section 10-503. This ordinance shall supersede the existing Property Maintenance
           Code of the City of Muskegon but all rights and rights of action now existing, all suits
           in course of prosecution for or against the city under the former act shall remain
           unimpaired and in case the course of proceeding provide for in this Ordinance shall
           differ from that in the Property Maintenance Code that it supersedes, either method
           may be followed, it being the intention that no rights of any name or nature in
           existence at the time of the adoption of this Ordinance shall be lost or jeopardized.
This ordinance adopted:


       Ayes: Keener, German, Gorman, Kochin, St.Clair, Johnson,
       and Kilgo
       Nays: None



Adoption Date: April 22, 2025

Effective Date: May 10, 2025

First Reading: April 8, 2025

Second Reading: April 22, 2025



                                                      CITY OF MUSKEGON




                                                      ay \ co Decdtrtns | y
                                                          Ann Marie Meisch, MMC
                                                          City Clerk



                                          CERTIFICATE


      The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 22" day of April, 2025, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted, and public notice was given,
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.



DATED: April 22, 2025



                                         Qads eee !
                                         Ann Marie Meisch, MMC
                                          Clerk, City of Muskegon


Publish:      Notice of Adoption to be published once within ten (10) days of final adoption.

Go to the top of the page.


Sign up for City of Muskegon Emails