Midlothian CHAPTER 19 RESIDENTIAL RENTAL HOUSING § 4-19-12

All new and existing residential rental housing shall meet the standards set forth in chapter 18 of this title and this chapter. In the event of conflict between standards, the more stringent standard shall apply.


(A) Bathroom Equipment: Full bathrooms, shall contain the following minimum equipment:


1. One flush toilet with at least thirty two inches (32") of clear shoulder width and eighteen inches (18") clear space in front.


2. One sink connected to hot and cold running water.


3. One bathtub or shower stall connected to hot and cold running water.


4. All bathrooms and powder rooms shall be contained within a separate room providing privacy from other portions of the unit or building.


(B) Kitchen Equipment: Kitchens, where required, shall contain the following minimum equipment:


1. One sink connected to hot and cold running water.


2. Space and safe access to utility hookups for adequate refrigeration and cooking appliances.


3. Fixed counter space made of impermeable, cleanable and durable material for food preparation consisting of a minimum of three (3) continuous linear feet and a minimum of eighteen inches (18") deep.


4. Adequate storage space for food, dishes, cookware and utensils in proportion to the number of occupants configured in a manner to prevent contamination from food preparation, cleaning activities, pets or vermin. Storage space may not be directly on the floor unless within a pantry or closet.


(C) Living Space Requirements For Tenants:


1. Prohibited Occupancy: Kitchens, living, family, dining rooms and nonhabitable spaces shall not be used for sleeping purposes. More occupants than permitted by the minimum area requirements of this chapter shall not occupy residential rental housing.


2. Bedrooms: Every bedroom occupied by one person shall contain at least seventy (70) square feet of floor area. Every room occupied for sleeping purposes by more than one occupant shall contain at least fifty (50) square feet of floor area for each occupant twelve (12) years of age and over and at least thirty five (35) square feet of floor area for each occupant less than twelve (12) years of age.


3. Access From Bedrooms: Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.


4. Living Rooms: Living rooms shall be a minimum of one hundred twenty (120) square feet.


5. Dining Rooms: Dining rooms shall be a minimum of eighty (80) square feet.


(D) Plumbing Requirements: All plumbing fixtures, including sinks, bathtubs, shower stalls and toilets, shall be installed per the state of Illinois plumbing code and constructed of dense, durable, nonabsorbent materials and shall have smooth impervious surfaces free from defects and concealed surfaces unable to be kept sanitary.


1. All plumbing fixtures shall be properly maintained, vented and connected to the village municipal water and/or sewer system.


2. All units must have water service to be considered habitable. Any unit lacking potable water service must be vacated immediately.


(E) Heating Requirements:


1. The owner or manager of any residential rental housing shall have heating facilities which are properly installed, maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathroom, and water closet compartments contained therein to a minimum temperature of sixty eight degrees Fahrenheit (68°F), at a distance of three feet (3') above floor level. Between the period of October 1 and May 15 of the succeeding year the owner or manager of any residential rental housing within the village shall provide heat to those persons occupying said residential rental housing as provided in the following schedules:


A minimum temperature of seventy degrees Fahrenheit (70°F) from six thirty o'clock (6:30) A.M. to eleven o'clock (11:00) P.M. averaged throughout any room occupied by the tenant when the outdoor temperature is minus twenty degrees Fahrenheit (-20°F) or above.


A minimum temperature of sixty five degrees Fahrenheit (65°F) from eleven o'clock (11:00) P.M. to six thirty o'clock (6:30) A.M. averaged throughout any room occupied by the tenant when outdoor temperature is minus twenty degrees Fahrenheit (-20°F) or above.


Gas or electric appliances designed exclusively for cooking or water heating purposes shall not be considered as heating facilities.


2. Any unit where the utility or service required for operation of the heating system has been removed; shut off or disconnected shall be considered uninhabitable and must be vacated immediately.


3. All gas duct furnaces must be vented to the exterior. All duct furnaces shall be tested in accordance with ANSI Z83.8 or UL795 and shall be installed in accordance with the manufacturer's installation instructions. Heating plants designed or intended to serve one or more dwelling units shall not be located in a habitable room.


4. No heater shall be operated with the use of an extension cord. All floor furnaces shall be approved and tested in accordance with ANSI Z21.86/CSA 2.32 and shall be installed in accordance with the manufacturer's installation instructions.


5. Heaters and vents shall be installed with clearances from combustible materials in accordance with the manufacturer's installation instruction.


6. Any unit or service required for operation of the heating system(s) must be maintained by the building owner.


7. For the protection of building tenants, the village may require the heating system to be inspected and repaired by a qualified heating system specialist whenever a hazard condition is apparent or may be considered possible.


(F) Electrical Requirements:


1. All electrical wiring shall be protected by a circuit breaker or fuse. Every room in a rental unit, except a bathroom shall be equipped with not less than two (2) duplex outlets. Bathrooms shall have at least one outlet.


2. Residential rental housing shall have a minimum electrical service of at least one hundred (100) amps.


3. Where provisions are made for major electrical appliances requiring two hundred twenty (220) volt service such as room heaters, air conditioners, stoves, washers and dryers, such units shall be on individual circuits.


4. No electrical circuit shall serve more than one residential rental unit.


5. Every outlet, circuit, fixture, load center, service entrance or other component shall be maintained in a safe working condition.


6. All kitchen and bathroom outlets shall be equipped with ground fault circuit interruption (GFCI) outlets.


7. All work performed on electrical systems in residential rental housing must be performed in accordance with applicable codes and regulations and may require permits and/or additional inspections. Electrical contractors providing service shall be licensed and bonded as required by village ordinances.


(G) Stairways And Steps Standards:


1. All stairways, both interior and exterior, shall be maintained in a safe condition, as required by chapter 18 of this title or other village ordinances.


2. Building common area stairways must remain illuminated at all times. Lighting standards for stairways shall not be reduced.


3. Storage is not allowed under or near stairwells.


(H) Handrails And Guardrails:


1. Stairway Handrails: Continuous handrails shall be placed on both sides of stairways accessible to the general public. Handrail height shall be not less than thirty inches (30"), nor more than thirty four inches (34"), measured vertically at the tread nosing for stairways with three (3) or more risers. Stairways within individual dwelling units may be on one side of the stairway. Handrails acting as a guardrail along stairways shall follow the details for guardrail openings in subsection (H)3 of this section.


2. Guardrails: Porches, balconies, landings, or raised floors surfaces located more than thirty inches (30") above the floor or grade below shall have a guardrail not less than forty two inches (42") above the floor or grade below in areas open to the general public. Guardrail height may be reduced to thirty six inches (36") in height when located within a single-family dwelling unit.


3. Guardrail Openings: Handrails or guardrails on open sides where the floor or grade below is more than eighteen inches (18") shall have intermediate rails, parts, or closures which will not allow passage of an object six inches (6") in diameter.


(I) Light And Ventilation:


1. Every bathroom not containing an operable window shall provide adequate light and mechanical ventilation. Ventilation must vent to the outside.


2. Other permitted living areas without direct access to the exterior via an operable door or window must provide adequate light and ventilation.


3. In every dwelling unit, for protection against mosquitoes, flies and other insects, every door used or intended to be used for ventilation opening directly from a dwelling unit to outdoor space shall have supplied and installed screens and a self- closing device; and every window or other device with opening to outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens installed. Insect screens must be in place on all doors, windows and other outside openings required for ventilation of habitable rooms.


(J) Moisture:


1. All living areas shall be kept dry and free from exterior moisture penetration.


2. Building components, including enclosed cavities, which have become wet for any reason, shall be dried adequately to prevent mold growth.


3. All areas of a dwelling unit, including nonliving areas of or adjacent to the dwelling unit, shall be kept free of water entry or standing water. Measures must be taken to prevent moisture contact with permeable building components or other materials.


(K) Fire Safety And Exits: Dwelling units shall be provided with two (2) independent fire escape routes. An escape route such as an exterior porch roof, an accessible operable exterior window or an exterior door or landing may constitute an independent fire escape route. Exterior fire escapes shall be designed to prevent the accumulation of snow or ice.


1. Exit Requirements: Every bedroom shall have at least one operable exterior window or exterior door constructed to permit emergency exit or rescue.


(a) Bedrooms protected by a functioning approved sprinkler system that is tested and certified annually by a qualified inspector may have no direct exterior exit.


(b) Where no exterior door or window exists in a bedroom, two (2) doors are required.


(c) Each door must open into a different room or area and lead to an independent exit of the unit.


(d) Minimum clear window openings shall be eight hundred twenty (820) square inches (5.7 square feet) with a minimum of twenty four inches (24") high and a minimum of twenty inches (20") wide. Opening must be attainable without the use of tools. Bottom of the opening shall be no more than forty four inches (44") above the floor or to the top of an appropriate fixed step or platform.


2. Smoke Detectors:


(a) An electrical (hardwired) smoke detector in each bedroom is required as regulated by state of Illinois and this code as applicable at time of building permit issuance.


(b) Smoke detectors operated by battery are only acceptable as allowed by village ordinance and as permitted by the Illinois smoke detector act 1 and the Illinois facilities requiring smoke detector act 2 .


(c) In the case of any dwelling unit that is newly constructed, reconstructed, or substantially remodeled after December 31, 1987, the requirements of this section shall apply beginning on the first day of occupancy of the dwelling unit after such construction, reconstruction or substantial remodeling. The smoke detectors required in such dwelling unit shall be permanently wired into the structure's AC power line, and if more than one detector is required to be installed within the dwelling unit, the detectors shall be wired so that the actuation of one detector will actuate all the detectors in the dwelling unit.


(d) All smoke alarms shall be listed in accordance with UL 217 and installed in accordance with the provisions of village ordinances and the household fire warning equipment provisions of NFPA 72.


(1) Smoke detectors are to be installed as required by the manufacturer and placed on each and every floor level including the basement, all bedrooms and on the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.


(2) Smoke detectors should be installed in all multi-unit common area hallways, exit passageways, and stairwells.


(3) Areas separated by doors or distance may require additional smoke detectors.


(4) All substantially remodeled or rewired, enlarged, expanded, or otherwise upgraded units shall meet all applicable codes including having interconnected smoke detectors.


(5) All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the National Fire Protection Association (NFPA). Maintaining the operable condition of all smoke detectors shall be the responsibility of the owner and managing agent. Should any smoke detectors be found to have been removed, disabled, or destroyed by the tenant, the tenant shall be deemed guilty of a municipal infraction under the provisions of this chapter or state laws as applicable.


3. Fire Extinguishers: All residential rental housing shall have one fire extinguisher, 2.5 pound charge, manufactured by an approved testing agency for combating class A, B, and C fires.


4. Carbon Monoxide Detectors: Carbon monoxide detectors shall be the owner's responsibility for installation as required by the Illinois carbon monoxide alarm detector's act 3 .


5. Fire Separation And Barriers Between Residential Units: Attached single- and multi-family dwelling units shall maintain wall and ceiling fire barriers as required from their original building permit requirements. Openings between residential units and common use areas shall be patched as needed for controlling the spread of fire. (Units constructed after December 17, 1985, require a 2 hour fire separation rating for construction per village ordinance.)


6. Mistaken Egress: Any door, passage or stairway which is neither a means of egress nor access to a means of egress, and which is so located or arranged as to be mistaken for a means of egress, shall be properly identified as to its use.


(L) Security; Crime Free Rental Housing Program Requirements: The following requirements provide "crime prevention through environmental design" (CPTED). Each rental unit must comply with these requirements:


1. Dead bolts with three inch (3") screws secured into the building framing for strike plates on all unit entry doors.


2. Antilift slide devices on sliding doors and windows on the first floor, garden levels and accessible second levels.


3. Adequate security lighting for all hallways, entryways, parking lots and common areas.


4. Proper trimming of trees and shrubs, eliminating hiding places.


5. Eye views on entry doors with one hundred eighty degree (180°) view.


6. All multi-unit buildings must have the building address in clear view on the front and back of the building. Single residences must have the building address in clear view on the front of the building. Each of the figures of every such address on any residence or apartment building shall not be less than four inches (4") in height. These numbers must contrast with their background.


7. Buzzer type entry security system must be in proper working order from all of the dwelling units in every multi-unit building with common entrances. All front and back entry doors must be locked at all times. (Ord. 1722, 5-12-2010)





Notes
1 1. 425 ILCS 60/1 et seq.
2 2. 425 ILCS 10/0.01 et seq.
3 1. 430 ILCS 135/1 et seq.