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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Michigan Ordinance Amendment No. 2536 THE CITY OF MUSKEGON HEREBY ORDAINS: Chapter 10, Sections 10-401 through 415 are repealed and Chapter 10, Sections 10-501 through 10-503 are adopted of the Code of Ordinances of the City of Muskegon, Michigan as follows: 1. Chapter 10, Sections 10-401 through 10-415 of the Code of Ordinances of the City of Muskegon, Michigan, are repealed. 2.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.
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