ARTICLE III. MINIMUM STANDARDS1
18-70 Compliance with article required.
No person shall occupy as owner/occupant or shall let to another for occupancy any dwelling, roominghouse, dwelling unit or rooming unit which does not comply with the minimum standards as provided by this article, as evidenced by a current certificate of compliance or interim certificate of compliance. All repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of these standards shall be performed and installed in a skilled manner and installed in accordance with the manufacturer’s installation instructions in order to allow the performance intended and anticipated by the standards to be achieved and must meet the criteria of the definition of "skilled manner" in Section 18-2.
(Ord. of 8-4-86; Ord. of 12-1-14(1))
18-71 Foundation, exterior walls and roofs.
Every foundation, exterior wall and roof shall be maintained structurally sound and in a sanitary condition so as not to pose a threat to the health and safety of the occupants.
(a) Foundations. All foundation walls shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon and shall be maintained structurally intact and free from open cracks and leaks, so as not to be detrimental to public health and safety.
(b) Exterior walls. Every exterior wall shall be free of holes, breaks, loose or rotting boards, or timbers, and any other conditions which admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building.
(c) Roofs. Every roof shall be structurally sound, tight, and not have defects which might admit rain and roof drainage; and roof drainage shall be prevented from causing dampness in the walls or interior portions of the building. Flashing and other roof attachments shall be securely fixed to the structure and properly maintained.
(d) Cross reference Section 18-131.
(Ord. of 8-4-86; Ord. of 5-10-21)
18-72 Floors, interior walls and ceilings.
The interior of a structure and its equipment shall be maintained structurally sound and in a sanitary condition so as not to pose a threat to the health and safety of the occupants and to protect the occupants from the environment.
(a) Floors shall be rodent-proof and shall be kept in sound condition and good repair and shall be capable of supporting the load which normal use may cause to be placed thereon. Bathroom and kitchen floors shall be constructed and maintained so as to be substantially impervious to water.
(b) Interior walls and ceilings shall be maintained in sound condition and good repair. Cracked or loose plaster, peeling paint, decayed wood, and other deteriorated or damaged surface conditions shall be eliminated.
(c) Lead-based paint shall not be applied to any interior or exterior surface of a dwelling or dwelling unit, including fences and outbuildings at these locations. For the purposes of this section, lead-based paint means the same as "lead-based paint" in 18 V.S.A. Chapter 38.
(Ord. of 8-4-86; Ord. of 6-22-92; Ord. of 2-23-09)
18-73 Windows and exterior doors.
Every exterior window, door and frame shall be constructed and maintained to prevent wind and water from entering the dwelling or structure. At a minimum the windows and doors shall meet the following standards:
(a) Each window and exterior door shall be fitted reasonably in its frame and be weathertight. Weatherstripping shall be used to prevent wind or rain from entering the dwelling and shall be kept in sound condition and good repair.
(b) Every window and door pane shall be fully and properly glazed.
(c) Every openable window shall be capable of being easily opened and shall be held in position by window hardware.
(d) All door and window hardware including door latches, door hinges and window locks shall be maintained in good condition. Exterior doors shall be fitted with door locks capable of tightly securing the door. First floor windows shall be fitted with interior window locks capable of securing the window from the inside.
(e) All windows with frame sizes larger than four (4) square feet must be double glazed or be fitted with a storm sash.
(f) Cross reference Section 18-131.
(Ord. of 8-4-86; Ord. of 5-10-21)
18-74 Stairways and porches.
Every inside and outside stair, porch, railing and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be put thereon and shall be kept in sound condition and good repair. Specifically, all stairs and other exit facilities of every structure shall be maintained in sound condition and good repair by replacing treads and risers that are worn, broken, warped or loose.
(Ord. of 8-4-86)
18-75—18-77 Reserved.
DIVISION 2. PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
18-78 Toilet and plumbing facilities generally.
The provisions of this division shall govern the minimum plumbing facilities to be provided in each dwelling unit. All plumbing fixtures and facilities shall comply with the requirements herein prescribed insofar as they are applicable. The owner of the structure shall provide and maintain such plumbing facilities and fixtures in compliance with these requirements. Nothing in these requirements shall prohibit the imposition of more stringent standards where the applicable city and other plumbing codes require the stricter standard. The minimum facilities and fixtures include:
(a) Toilet facilities. A room separate from habitable rooms, which affords privacy and a water closet supplied with cold running water.
(b) A lavatory placed either in the bathroom or in close proximity to the door leading directly into the room containing the toilet. The lavatory must be supplied with hot and cold running water.
(c) A bathtub or shower supplied with hot and cold running water, and which provides privacy to the person using the bathtub or shower.
(d) A kitchen sink apart from the lavatory required under subparagraph (b) above supplied with hot and cold running water.
(e) The occupants of two (2) dwelling units may share required facilities when the facilities are outside of each unit and accessible to both sets of occupants and where it is unreasonable to require the installation of required facilities inside the units.
(Ord. of 8-4-86)
18-79 Plumbing connections.
All required plumbing fixtures shall be connected to an approved water and sewage system. Every required fixture shall be connected to both hot and cold water or cold water lines. Supply lines, plumbing fixtures, vents and drains shall be connected and maintained in good working order and kept free from obstructions, leaks and defects. A minimum flow of no less than three (3) gallons per minute shall be maintained at the most distant fixture from the meter or point of entry into the building and at all other required fixtures. This flow rate shall be achieved on a sustained basis.
(Ord. of 8-4-86)
18-80 Plumbing standards for roominghouses.
At least one water closet, lavatory basin and bathtub or shower connected to an approved water and sewer system shall be supplied for each six rooms within a rooming house, wherever said facilities are shared. Every lavatory basin, bathtub and shower shall be supplied with hot and cold water at all times.
(Ord. of 8-4-86)
18-81 Water heating facilities.
Water heating facilities shall be installed in an approved manner, maintained and connected to required fixtures. They shall be capable of heating water to a temperature so as to permit an adequate amount of water to be drawn at every required fixture at a temperature of not less than one hundred ten (110) degrees Fahrenheit.
(Ord. of 8-4-86)
18-82—18-83 Reserved.
DIVISION 3. LIGHT, VENTILATION, SPACE AND MECHANICAL REQUIREMENTS
18-84 Windows for light and ventilation.
The provisions of this section shall govern requirements of light and ventilation in dwelling units. The intent of this section is to ensure that all habitable rooms and spaces be provided with sufficient light and ventilation so as not to endanger health and safety:
(a) Each habitable room shall have one window opening to the outdoors which can be opened. The minimum ventilation of the opened window area shall be four (4) per cent of the floor area.
(b) Sleeping rooms shall have windows measuring no less than eight (8) per cent of the floor area.
(c) Every bathroom or toilet room shall have one window opening to the outdoors or a fan or mechanical device vented to the outdoors of sufficient size to prevent the buildup of moisture. Window size shall be not less than two (2) square feet.
(d) Adequate lighting in all common halls and stairways in buildings containing two (2) or more dwellings shall be provided and properly maintained.
(Ord. of 8-4-86)
18-85 Electrical facilities.
(a) Where there is electric service available to a structure, every habitable room of a dwelling unit and every rooming unit shall contain at least two (2) separate and remote outlets, one of which may be a ceiling-or wall-type electric light fixture. In a kitchen, three (3) separate and remote wall-type electric convenience outlets or two (2) such convenience outlets and one ceiling-or wall-type electric light fixture shall be provided. Every public hall, laundry room, bathroom or furnace room shall contain at least one electric light fixture. In addition to the electric light fixture in every bathroom and laundry room, there shall be provided at least one electric outlet.
(b) All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with applicable laws. Wiring of the type known as knob and tube which uses porcelain insulators and single cloth-covered conductors will be permitted when a licensed electrician provides written assurance that the wiring is not overloaded and that the condition of the conductors and the insulators is sound and substantially without defect or hazard.
(c) Buildings containing two (2) or more dwelling units shall have any common lighting and common building facilities connected to either an individual circuit or circuits fed from an individual house meter or from the meter serving the owner/occupant of the property. When and if an owner/occupant terminates his occupancy, the general building lighting and common facilities shall be connected to a common house meter. The owner shall be liable for the costs of providing energy to common areas.
(d) Where the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the defects shall be corrected to eliminate the hazard.
(Ord. of 8-4-86)
18-86 Heating.
Every dwelling unit and rooming unit shall be provided with heating facilities capable of maintaining a room temperature of sixty-five (65) degrees Fahrenheit at a point three (3) feet above the floor and three (3) feet from an exterior wall in all habitable rooms and bathrooms at all times. This minimum capacity shall be obtained without overheating any other room.
(a) Maintenance of cooking and heating equipment. All cooking and heating equipment, components, and accessories in every heating, cooking and water heating device shall be maintained free from leaks and obstructions, and kept functioning properly so as to be free from fire, health and accident hazards. Portable cooking equipment employing flame is prohibited, and may not be used either inside the dwelling unit or room or on any adjacent porch or balcony. Such prohibited equipment shall include gas or charcoal grills and hibachis.
(b) Portable heating equipment employing a flame and heating equipment using gasoline or kerosene do not meet the standards of this chapter and are prohibited.
(c) All mechanical equipment shall be properly installed and safely maintained in good working condition and be capable of performing the function for which it was designed and intended. In addition:
(1) All fuel-burning equipment shall be connected to an approved chimney, flue or vent.
(2) All required clearances to combustible materials shall be maintained.
(3) All safety controls for fuel-burning equipment shall be maintained in effective operation.
(4) A supply of air shall be provided for fuel-burning equipment.
(5) For rental units, as defined by this chapter, on and after January 1, 2007, all fuel burning heating systems shall be biennially inspected and serviced by a certified technician certifying that the system is functioning and operating in a safe manner in compliance with the standards of this section, with proof of inspection stated on a tag issued by the department of public works and placed in a conspicuous place as defined by the department of public works.
(d) Cross reference Section 18-131.
(Ord. of 8-4-86; Ord. of 9-19-05, eff. 10-19-05; Ord. of 4-17-06/5-17-06; Ord. of 5-10-21)
18-87 Allocation of heating costs.
Where occupants are required to purchase either fuel for supplied heating appliances or to provide power to electric heaters, there shall be a single heating unit or set of units for the dwelling unit. Heating costs may not be allocated by square footage, power or fuel being used.
(Ord. of 8-4-86)
18-88, 18-89 Reserved.
DIVISION 4. SPACE AND OCCUPANCY
18-90 Space.
Every dwelling unit shall contain a minimum habitable floor area of not less than one hundred fifty (150) square feet for the first occupant, and one hundred (100) square feet for each additional occupant, up to a limit of three (3) and at least fifty (50) square feet for each additional occupant after four (4).
(Ord. of 8-4-86)
18-91 Floor area for bedrooms.
Each room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least fifty (50) square feet of floor area for each occupant. If the occupancy of any room or dwelling unit exceeds the square footage requirements, the code official may order the number of persons sleeping or living in said room or dwelling unit to be reduced.
(Ord. of 8-4-86)
18-92 Cellars and other prohibited occupancies.
(a) No cellar shall be used for living purposes unless the cellar meets the requirements of the Vermont Fire and Building Safety Code currently in effect in the State of Vermont, such compliance to be determined by the Burlington Fire Department for existing public buildings (as that term is defined in 20 V.S.A. § 2730) or the Burlington department of public works for new construction and alterations in new and existing public buildings.
(b) Basements shall not be occupied for living purposes unless all applicable requirements for rental housing are met. (Ord. of 8-4-86; Ord. of 12-1-14(1))
18-93 Calculation of floor area.
Floor area shall be calculated on the basis of habitable room area. Closet area and hall area within the dwelling unit, where provided, may not be counted as required habitable floor area. At least one-half (1/2) of the floor area of every habitable room shall have a ceiling height of at least seven (7) feet; and the floor area of any part of any room where the ceiling height is less than six (6) feet shall not be considered as part of the floor area in computing the total floor area of the room to determine maximum permissible occupancy.
(Ord. of 8-4-86)
DIVISION 5. FIRE SAFETY REQUIREMENTS2
18-94 Fire safety generally.
The provisions of this section govern the minimum fire safety facilities and equipment to be provided. All fire safety facilities and equipment shall comply with the requirements listed herein insofar as they are applicable. Unless specified otherwise, the owner of the structure is responsible for maintaining fire safety facilities and equipment. To provide for consistent enforcement of this division, orders issued pursuant to this section must be appealed to the appeals board under the rules established in Chapter 8 of this Code of Ordinances.
(Ord. of 8-4-86)
18-95 Means of egress.
Each first and second floor dwelling unit shall have one safe, continuous and unobstructed means of egress from the interior of the unit to the exterior at a street or to a public open space or area at grade. Dwelling units on the third floor and above shall have at least two (2) safe, continuous and unobstructed means of egress from the interior of the unit to the exterior at a street or to a public open area at grade unless the building is protected by a fire prevention, protection and alarm system permitted and approved by the Burlington fire marshal, in which case the unit shall have the same means of egress required of first and second floor dwelling units. At a minimum, standards for the maintenance of a required means of egress shall be governed by the following:
(a) All doors in the required means of egress shall be readily openable from the inner side without the use of keys. Exits from dwelling units shall not lead through other such units or through toilet rooms or bathrooms.
(b) Ladders or any other exit method which does not comply with the requirements of the building code as adopted by the city in Section 8-2 are not an acceptable means of egress and shall be removed or augmented by an acceptable means of egress.
(c) All required fire escapes shall be structurally sound and maintained safe and usable and free of snow and ice.
(d) All required exit signs shall be maintained illuminated and visible.
(Ord. of 8-4-86; Ord. of 11-8-93; Ord. of 12-1-14(1))
18-96 Accumulations and storage.
Waste, refuse or other materials shall not be allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress. Highly flammable or explosive matter, such as paints, volatile oils and cleaning fluids, or combustible refuse, such as wastepaper, boxes and rags, shall not be accumulated or stored on residential premises except in reasonable quantities consistent with normal residential usage.
(Ord. of 8-4-86)
18-97 Fire resistance ratings.
Floors, walls, ceilings and other elements and components required to develop a fire resistance rating shall be maintained so that the respective fire resistance rating of the enclosure, separation or construction is preserved.
(Ord. of 8-4-86)
18-98 Fire protection systems.
All required fire protection systems and equipment including fire alarms, fire suppression systems, standpipe systems and fire extinguishers shall be maintained in proper operating condition at all times.
(Ord. of 8-4-86)
18-99 Smoke detectors.
(a) Each and every dwelling, rooming house, dwelling unit or rooming unit let to another for occupancy shall meet the following requirements for smoke detectors/alarms.
(1) Smoke detectors/alarms shall be installed in the following, areas:
a. In every sleeping room or area;
b. Outside every sleeping room or area in the immediate vicinity of the sleeping room or area; and
c. On all levels of the dwelling, dwelling unit, rooming house, or rooming unit, including basements but excluding crawl spaces and unfinished attics.
d. Notwithstanding the above installation locations, detectors/alarms shall not be located within kitchens or garages or in other spaces where temperatures can fall below forty (40) degrees F (four (4) degrees C) or exceed one hundred (100) degrees F (thirty-eight (38) degrees C). Detectors/alarms shall not, unless specifically listed for the application, be located closer than three (3) feet (0.9 m) horizontally from:
1. The door to a kitchen.
2. The door to a bathroom containing a tub or shower.
3. The supply registers of a forced air heating or cooling system, and outside of the airflow from those registers.
(2) Smoke detectors/alarms shall receive their operating power from the building electrical system but shall also receive power from a battery when the building electrical system power is interrupted.
(3) Smoke detectors/alarms within each dwelling unit or rooming unit shall be interconnected so that the sensing of smoke by one detector sounds the alarms of all detectors within that dwelling unit or rooming unit.
(4) Smoke detectors/alarms shall be approved or listed by a nationally recognize testing or listing agency for the purposes for which they are intended.
(5) Smoke detectors/alarms shall be properly installed and shall be maintained in good working condition.
(b) All other dwellings, rooming houses, dwelling units or rooming units not covered by (a) shall have a smoke detector/alarm installed adjacent to bedroom areas. Such smoke detectors/alarms shall be approved or listed by a nationally recognized testing or listing agency for the purposes for which they are intended.
(c) Effective date. Unless an extension is granted by the Burlington Code Enforcement Office pursuant to subsection (d) of this section, the provisions of section 18-99(a) shall take effect on May 31, 2004. Between the effective date of this subsection (c) and May 31, 2004 and during the period of any extension granted pursuant to subsection (d), the provisions of subsection (b) shall apply to all dwellings, rooming houses, dwelling units, and rooming units whether or not they are let to another for occupancy.
(d) Procedure to request extension of effective date. If the owner of one or more dwellings, rooming houses, dwelling units or rooming units let to another for occupancy files with the Burlington Code Enforcement Office:
(1) A certification that all of such units, dwellings and houses owned by the owner in the City of Burlington presently contain and shall continue to contain for the period of implementation smoke detectors which are approved or listed by a nationally recognized testing or listing agency; and
(2) A certification that all of the smoke detectors referred to in clause (1) are presently properly installed and shall continue to be so for the period of implementation in accordance with manufacturer’s specifications adjacent to all bedroom areas on each level of the applicable buildings and are operating and maintained in good working condition and shall continue to be so for the period of implementation; and
(3) A written plan of implementation pursuant to which all units owned by the owner within the City of Burlington shall be brought into compliance with section 18-99(a) over time, but not later than May 31, 2007, then, subject to the approval of the Burlington Code Enforcement Office, as described below, implementation of section 18-99(a) shall take place in accordance with the plan of implementation on or before May 31, 2007 with respect to the building(s) for which the certification and plan have been provided.
The submission of a written plan accompanied by the smoke detector certifications shall stay the enforcement of the provisions of section 18-99(a) with respect to the units identified in the plan, pending approval or denial of the request for an extension. The Burlington Code Enforcement Office shall approve in writing the extended implementation date set forth in the written plan for any owner that reasonably satisfies the requirements of this subsection and subsection (e). Failure of the code enforcement office to approve, deny, or request further information from an owner in response to a request for an extended implementation date submitted in accordance with the provisions of this subsection and subsection (e) within 60 days of the date of such submission, or within sixty (60) days of the submission of the additional information requested by the code office, shall be deemed to constitute an approval of the extended implementation date and the owner shall carry out the implementation plan described in subsection (3), above.
(e) Implementation plan requirements; denial of extension. An implementation plan described in subsection (d)(3) shall, at a minimum, include a statement of need for the extension, a cost estimate for compliance, and a timeline for all units to be in compliance, with benchmarks, phasing, and any other relevant details. In addition to a denial based upon a failure to comply with the requirements of this subsection or subsection (d), a request to extend implementation for all units subject to such request may be denied should the code office determine with respect to any unit for which an extension has been requested: (i) that violations of one or more minimum housing fire division standards exist in the unit or (ii) that there is an outstanding order by fire code enforcement officials for the unit, or (iii) the owner has failed to comply with two (2) or more unappealed orders issued during the previous three (3) years by either fire or housing code enforcement officials and that in each such instance, the owner was not granted an extension for compliance, or (iv) any other specific and identified condition or conditions related to fire safety in the unit which pose(s) a substantial and immediate risk to the safety of persons or property. Except as provided in clause (3), a request to extend implementation may be renewed following resolution of such outstanding violation or order.
(f) Procedure to request equivalent systems.
(1) At any time, an owner of a dwelling, rooming house, dwelling unit or rooming unit let to another for occupancy may request the code office to grant the owner an exception, an alternative, an equivalent system or a variance from the requirements of section 18-99(a). Any such request for an exception, alternative, equivalent system or variance shall be made in writing and shall be based upon either a current or a proposed system for smoke or fire detection within the dwelling, rooming house, dwelling unit or rooming unit.
(2) A request for approval of an exception, alternative, equivalent system or variance shall be granted to the owner by the code enforcement office if the owner demonstrates that the existing or proposed smoke detector system complies with the applicable provisions of the smoke detection protocols established by the code enforcement office pursuant to section 18-25A of the Ordinances and subsection (g) of this section 18-99. The Code Enforcement Office shall respond to the request in writing within 30 days and shall either approve or deny an exception, an alternative, an equivalent system or a variance. The office’s response shall provide the applicant with a written explanation for any denial of the application, with specific reference to the facts and to the applicable smoke detection protocols.
(3) An owner may appeal the office’s denial or approval with conditions by filing a written appeal with the chief of the code enforcement office within thirty (30) days of the date of the written decision. The appeal shall specifically state the reasons why the owner believes that the office’s decision was erroneous, and shall make specific reference to the smoke detector protocols. The chief of the code enforcement office shall issue a written decision on the appeal or shall request additional information within thirty (30) days of the date of the appeal. A denial of the appeal by the chief of the code enforcement office shall contain a written explanation for the denial and shall specify the facts and the protocols upon which the decision is based. If no decision is made within thirty (30) days of the appeal or, if applicable, within thirty (30) days of the date that the requested additional information is received, the original application of the owner shall be deemed to be approved.
(4) Nothing in this subsection 18-99(d) shall be deemed to limit the right of an owner to pursue an appeal under section 18-94 of the Ordinances, provided that such an appeal may not be filed unless an appeal has first been denied in whole or in part by the Chief of the Code Enforcement Office pursuant to this subsection (f) of section 18-99
(g) Smoke detector protocols. The code enforcement office shall, not later than May 31, 2003, adopt an initial set of smoke detection protocols which establish criteria for exceptions, alternatives, equivalent systems and variances from the requirements of section 18-99(a). Such protocols may adopt by reference the forms of equivalency found in Burlington’s adopted fire and building codes and shall provide an equal or greater level of safety to that set forth by the requirements of section 18-99(a). The adoption of smoke detection protocols shall conform to the procedures required in section 18-25A for the adoption of protocols for exceptions, alternatives, equivalent systems and variances from the strict provisions of Chapter 18 (Housing) of these ordinances.
(h) Penalties. Notwithstanding section 18-31 of the Burlington Ordinances, any person who intentionally disconnects or otherwise disables a smoke detector installed and maintained in accordance with the provisions of this section shall be subject to a civil fine of not less than two hundred dollars ($200.00) and not more than five hundred dollars ($500.00), with a waiver penalty of one hundred fifty dollars ($150.00). If a smoke detector is disconnected or disabled, that fact shall create a rebuttable presumption that the adult occupants of the dwelling unit were responsible for the act of disconnecting or disabling the smoke detector.
(Ord. of 8-4-86; Ord. of 2-19-02; Ord. of 2-18-03)
18-100 Interpretation and relationship to other fire protection and life safety code requirements.
The requirements set out in Sections 18-94 to 18-99 are minimum requirements for existing dwelling units regardless of age, years in service or type of dwelling. More stringent standards may take effect where the dwelling use is altered as in the case of dormitory or roominghouse uses or where substantial renovation, remodeling or new construction requires the application of specific additional standards for that type of use or construction. Conformance with the requirements of this section does not in any way limit the application of additional requirements where applicable.
(Ord. of 8-4-86)
18-101 Carbon monoxide (CO) detectors.
(a) For rental units, as defined by this chapter, carbon monoxide detectors which are UL 2034 listed or approved by a nationally recognized independent testing laboratory shall be installed in the vicinity of the sleeping areas and on every floor of the dwelling in accordance with the manufacturer’s instructions and state law.
(b) Anyone installing smoke detectors pursuant to Section 18-99 after the effective date of this section [10-19-2005] shall install either a combination smoke detector/carbon monoxide detector device or a combination system providing smoke and carbon monoxide detection and alarm in the vicinity of the sleeping areas and on every floor of the dwelling in accordance with the manufacturer’s instructions and state law.
(c) Owners shall keep the following records relating to the installation and maintenance of CO detectors or systems:
(1) the model and make and date of installation of each detector or system;
(2) the power source of the detector or detection system;
(3) the location where each detector was installed;
(4) maintenance records.
These records must be made available to any city building trades, fire, housing, or health inspector upon request.
(d) Responsibilities. Owners shall provide and maintain the detectors required by subsection (a).
(e) Habitability. A dwelling shall be deemed uninhabitable under the provisions of this chapter if an order to comply with subsections (a) and (b) is issued and not complied with in the time specified, unless a written extension has been granted.
(f) The seller of a residential dwelling transferred by sale or exchange shall certify to the buyer that the dwelling is provided with the carbon monoxide detectors required in subsection (a). This certification shall be signed and dated by the seller and filed in the land records at the time of recording the transfer. If the buyer notifies the seller within ten days by certified mail from the date of conveyance that the dwelling lacks a carbon monoxide detector or that the detector is not operable, the seller shall comply with this section within ten days of notification.
(Ord. of 9-19-05, eff. 10-19-05)
18-102—18-103 Reserved.
DIVISION 6. RESPONSIBILITIES OF OWNERS AND OCCUPANTS
18-104 General working conditions.
Generally every supplied appliance, plumbing fixture, heating device or system, or utility which is required under this article, and every chimney and smoke pipe shall be so constructed and installed so that it will function safely and effectively and shall be kept in sound working condition.
(Ord. of 8-4-86)
18-105 Sanitation.
(a) Every occupant of a dwelling unit shall dispose of all rubbish, ashes, garbage and other organic waste in a clean and sanitary manner by placing it in approved storage or disposal facilities.
(b) Every owner or his or her agent of a dwelling unit or units shall provide common storage or disposal facilities for garbage and rubbish. Said common facilities shall be properly sized to eliminate overloading and improper disposal and properly covered and isolated from the general environment so as not to be a public nuisance or hazard and properly maintained. Owners or their agents shall be further responsible for placing out for collection all common garbage and rubbish containers. Owners shall be responsible for providing for and paying the cost of the collection of all refuse on a not less than weekly basis.
(c) In the case of a single-family house, the occupants are responsible for the provision and proper maintenance of required garbage storage and disposal facilities.
(d) In addition to the above requirements, owners of rental property with ten (10) or more units on the property shall provide covered, wheeled, sixty-five (65) gallon recycling containers, or an equivalent receptacle that is approved by the director, to the occupants of each building for the purpose of collecting and properly disposing of the solid waste that is required to be recycled pursuant to Chapter 14. At least one (1) such a container shall be provided for every three (3) units or portion thereof. The effective date of this subsection shall be October 1, 2013.
(e) In addition to the above requirements, owners of rental property with eight (8) or nine (9) units on the property shall provide covered, wheeled, sixty-five (65) gallon recycling containers, or an equivalent receptacle that is approved by the director, to the occupants of each building for the purpose of collecting and properly disposing of the solid waste that is required to be recycled pursuant to Chapter 14. At least one (1) such a container shall be provided for every three (3) units or portion thereof. The effective date of this subsection shall be September 1, 2017.
(f) In addition to the above requirements, owners of rental property with six (6) or seven (7) units on the property shall provide covered, wheeled, sixty-five (65) gallon recycling containers, or an equivalent receptacle that is approved by the director, to the occupants of each building for the purpose of collecting and properly disposing of the solid waste that is required to be recycled pursuant to Chapter 14. At least one (1) such a container shall be provided for every three (3) units or portion thereof. The effective date of this subsection shall be March 1, 2018.
(g) In addition to the above requirements, owners of rental property with two (2) to five (5) units on the property shall provide covered, wheeled, sixty-five (65) gallon recycling containers, or an equivalent receptacle that is approved by the director, to the occupants of each building for the purpose of collecting and properly disposing of the solid waste that is required to be recycled pursuant to Chapter 14. At least one (1) such a container shall be provided for every three (3) units or portion thereof. The effective date of this subsection shall be September 1, 2018.
(Ord. of 8-4-86; Ord. of 9-14-98; Ord. of 12-1-14(1); Ord. of 6-5-17)
18-106 Premises to be kept clean and sanitary.
(a) Every occupant of a dwelling unit shall maintain in a clean and sanitary condition that part of the dwelling unit and yard which he occupies and controls and shall be responsible for the reasonable care and cleanliness of supplied facilities including plumbing and cooking equipment. Notwithstanding Section 18-31(a)(1), a second or subsequent violation of this provision during a twelve (12)-month period shall be deemed to be a civil offense and shall be punishable by a fine of two hundred dollars ($200.00) and a waiver fine of one hundred fifty dollars ($150.00).
(b) Every owner or his agent of a dwelling unit or units shall maintain the shared or public areas of the dwelling unit or units or yard in a clean and sanitary condition. Notwithstanding Section 18-31(a)(1), a second or subsequent violation of this provision during a twelve (12)-month period shall be deemed to be a civil offense and shall be punishable by a fine of two hundred dollars ($200.00) and a waiver fine of one hundred fifty dollars ($150.00).
(Ord. of 8-4-86; Ord. of 9-10-12(2))
18-107 Extermination of vermin.
Every owner or his agent of any dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests whenever any such infestation exists, except when the infestation is in one dwelling unit only and is the sole result of a single occupant’s action as determined by the code official.
(Ord. of 8-4-86)
18-108 Adequate heat to be furnished.
Every owner or his agent of every two-family dwelling, multifamily dwelling, and roominghouse who provides heat shall supply adequate heat of at least sixty-five (65) degrees Fahrenheit to every habitable room therein between the dates of September 15 and June 1 of each year. The provisions of this section do not apply where there are separate heating facilities for each dwelling unit, which facilities are under the sole control of the occupant of such dwelling unit. Where separate facilities are not available, the owner or his agent is responsible for the provision of heat.
(Ord. of 8-4-86)
18-109 Removal of required facilities prohibited.
No owner or his agent or occupant shall cause any service equipment or utility required by this chapter to be removed, shut off or discontinued for any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during temporary emergencies. Owners or their agents who are repairing, replacing or upgrading their service equipment or utilities shall ensure that occupants have adequate notice of service interruptions and that such interruptions are limited to the shortest possible duration.
(Ord. of 8-4-86)
18-110 Transfer of responsibility.
Any contract between owners and their agents, owners’ agents and occupants or owners and occupants with regard to compliance to this article shall not relieve either party of his direct responsibility under this chapter.
(Ord. of 8-4-86)
18-111 Accumulation of garbage, trash, abandoned vehicles, appliances and furniture on any property within the city prohibited.
(a) It shall be unlawful for any landowner, and person leasing, occupying, or having charge or possession of any property in the city to keep, maintain, or deposit on such property any materials or items enumerated below, unless they are in compliance with this section or otherwise allowed by law. "Property" shall include the abutting area known as the "greenbelt" held to be that area of a public street located between the roadway edge and the sidewalk, or, if no sidewalk exists, between the roadway edge and the adjacent property line. (Charter §§ 48(6), 48(8), 48(23) and 211.)
(b) The following materials or items shall not be stored, kept, maintained or deposited on the property: concrete, asphalt, construction debris, brick foundations and flat work, unless being used for a building project which is in compliance with all city ordinances.
(c) The following materials or items shall not be stored, kept, maintained, deposited or allowed to remain outdoors and/or in plain view in the front yard of any property: (1) appliances such as refrigerators, stoves and microwave ovens; (2) sinks, toilets, cabinets, or other fixtures or equipment; (3) abandoned, discarded, or broken furniture; (4) furniture not constructed for outdoor use; and (5) lumber and other construction material. Lumber and other construction material are exempted from this provision if they are covered and stored neatly and in a manner which does not obstruct fire escapes, means of egress, fire lanes, or emergency services access and which does not pose a danger to invitees, including utility, delivery and postal service employees and police officers, firefighters and other public health and safety officials who may need to be present on the property in emergency situations, routine inspections or other lawful reasons, and are being used in conjunction with a building project in compliance with all city ordinances. Rubbish, junk, refuse, garbage, scrap metal, tin cans and recyclables shall only be allowed to remain outdoors and in plain view in the front yard of any property for the purpose of recycling and solid waste pickup for disposal only during the day of collection and only if they are neatly kept, stored, maintained, or deposited in accordance with all minimum housing, health and solid waste ordinances and regulations.
(1) Owners of rental units with ten (10) or more units on a property shall be required to have covered wheeled recycling containers with a minimum capacity of sixty-five (65) gallons (hereinafter "toters") for curbside recycling pickup or an approved equivalency on or before October 1, 2013. At least one (1) such container shall be provided for every three (3) units or portion thereof.
(2) Owners of rental units with eight (8) or nine (9) units on a property shall be required to have toters for curbside recycling pickup or an approved equivalency on or before September 1, 2017. At least one (1) such container shall be provided for every three (3) units or portion thereof.
(3) Owners of rental units with six (6) or seven (7) units on a property shall be required to have toters for curbside recycling pickup or an approved equivalency on or before March 1, 2018. At least one (1) such container shall be provided for every three (3) units or portion thereof.
(4) Owners of rental units with two (2) to five (5) units on a property shall be required to have toters for curbside recycling pickup or an approved equivalency on or before September 1, 2018. At least one (1) such container shall be provided for every three (3) units or portion thereof.
(d) It shall be unlawful to keep, maintain, store or deposit any inoperative, abandoned or dismantled motor vehicles on any property in violation of Chapter 20, Article VI.
(e) Trailers and boats shall be neatly stored in accordance with zoning ordinances and regulations and in a manner which does not obstruct fire escapes, means of egress, fire lanes, or emergency services access and which does not pose a danger to invitees, including utility, delivery and postal service employees and police officers, firefighters and other public health and safety officials who may need to be present on the property in emergency situations, routine inspections or other lawful reasons.
(f) A copy of all orders issued pursuant to this section shall be posted by the enforcement officer or his/her delegate or inspector in a conspicuous place in a common area of the dwelling or building in which the dwelling unit is located. Such notice shall be in addition to the notice required under Section 18-26.
(g) Notwithstanding Section 18-31(a)(1), a second or subsequent violation of this section during a twelve (12) month period shall be deemed to be a civil offense and shall be punishable by a fine of two hundred dollars ($200.00) and a waiver fine of one hundred fifty dollars ($150.00).
(Ord. of 3-22-99; Ord. of 9-10-12(2); Ord. of 12-1-14(1); Ord. of 6-5-17; Ord. of 8-7-17(1); Ord. of 9-9-19(2))
18-112 Paint.
(a) Painted surfaces generally.
(1) In rental target housing, all windows, walls, floors, doors, or other surfaces, interior or exterior, of a dwelling shall be free from deteriorated painted surfaces equal to or greater than one (1) square foot in the aggregate. "Deteriorated painted surfaces" are those surfaces which are peeling, chipping, chalking, cracking, damaged or similarly deteriorated. "Deteriorated paint" means the same as the term is defined in Title 18, Chapter 38 of the Vermont Statutes.
(2) Owner(s) of rental target housing shall conduct a visual assessment of each unit annually and at tenant turnover for the presence of deteriorated painted surfaces, and will promptly and safely repair and/or stabilize all deteriorated surfaces, within thirty (30) days, if more [than] one (1) square foot of interior room or one (1) square foot of exterior wall surface is found or reported damaged. If exterior deteriorated paint was found or reported after November 1, the owner shall have until the following May 31 to repair and/stabilize area(s), provided that access to surfaces and components with lead hazards and areas directly below the deteriorated surfaces is clearly restricted. A record of visual assessments and repair and/or stabilization shall be kept on the compliance statement of performance of essential maintenance practices (EMPs) required by subsection (h).
(3) Owners shall keep the outdoor areas of rental target housing free from visible paint chips.
(b) Lead-based paint. The presence of lead-based paint in and around dwellings is a substantial health hazard which necessitates that special safety activities be used when working in and around lead-based paint. All paint shall be presumed to be lead-based paint (LBP) when present on all dwellings constructed prior to January 1, 1978 unless the paint was found to be not lead-based by a state-certified lead testing inspector who has issued a report to the owner of their findings. Property owner(s) wishing to be exempt from all LBP compliance activities under this ordinance must submit a copy of the certified inspectors’ written report showing the dwelling to be free of LBP to the code enforcement office.
(c) Lead safe work practices.
(1) Interior lead safe work practices. All activities to all rental target housing that disturb more than one (1) square foot of painted interior surface(s) shall be done using lead safe work practices (LSWP) which take all reasonable precautions against the generation and spreading of lead dust, paint chips and debris. Interior LSWP include, but are not limited to, the following:
a. Limiting access of work area(s) to workers only;
b. Protecting occupant belongings by covering them with six (6) mil plastic sheeting or removing them from the work area(s);
c. Segregating work area(s) from clean area(s) by hanging plastic sheeting in doorways and/or window areas;
d. Covering the floor(s) of work area(s) with adequate amounts (extended at least five (5) feet from work area) of six (6) mil plastic sheeting to capture all dust, paint chips and debris;
e. Using vacuums with high efficiency particulate air (HEPA) filters attached to scrapers; wetting surfaces with water prior to disturbing the surface(s) (do not dry scrape);
f. Misting dust and debris with water prior to sweeping and cleaning (do not dry sweep);
g. Cleaning shoes and clothing when leaving work area(s);
h. Using personal protective equipment as needed, such as a HEPA respirator, gloves and coveralls.
Certification that interior lead safe work practices were used must be made by the person doing the work on a form provided by the code enforcement office and kept on file with the owner of the property for one (1) year from the completion of the activity.
(2) Exterior lead safe work practices. All activities to rental target housing that disturb more than one (1) square foot of painted exterior surface(s) shall be done using LSWP which take all reasonable precautions against the generation and spreading of lead dust, paint chips and debris. Exterior LSWP include, but are not limited to the following:
a. Limiting access of work area(s) to workers only;
b. Attaching six (6) mil plastic sheeting to dwelling and extend at least ten (10) feet (if possible) or as far as to be adequate to capture all dust, paint chips and debris (plastic sheeting to be misted with water, rolled up and thrown away each night);
c. Cover gardens, sand boxes and play areas with adequate amounts of six (6) mil plastic sheeting;
d. Closing all windows and doors on the side being scraped;
e. Closing all windows and doors on neighboring properties within ten (10) feet of work area(s);
f. Using vacuums with HEPA filters attached to scrapers;
g. Wetting surfaces with water prior to disturbing the surface(s) (do not dry scrape);
h. Cleaning shoes and clothing when leaving work area(s);
i. Using personal protective equipment as needed, such as a HEPA respirator, gloves and coveralls.
j. Ground cover surrounding rental target housing that have undergone disturbances of more than one (1) square foot on any exterior painted surface must be free from all visible paint chips, dust, or debris.
Certification that exterior lead safe work practices were used must be made by the person doing the work on a form provided by the code enforcement office and kept on file with the owner of the property for one (1) year from the completion of the activity.
(3) In non-rental target housing, no person shall disturb more than one (1) square foot of lead-based paint by failing to use one (1) of more of the following lead-safe work practices, unless specifically authorized by a permit issued by the state department of health:
a. Limiting access to interior and exterior work areas.
b. Enclosing interior work areas with plastic sheathing or other effective lead dust barrier.
c. Using protective clothing.
d. Misting painted surfaces before disturbing paint.
e. Wetting paint debris before sweeping to limit dust creation.
f. Any other measure required by the state department of health.
Notwithstanding the provisions of section 18-31(a) and (b), if a violation of this subsection is found, the inspector shall issue an order to cease and desist the prohibited practice, remove all visible paint chips and clean the affected area using the safe cleaning methods approved by the state department of health. A failure to comply with such an order is a violation the penalty for which shall be a fine of up to five hundred dollars ($500.00).
(d) Prohibited work practices.
(1) The following practices are not allowed for use on rental target housing:
a. Dry scraping;
b. Open flame burning;
c. Uncontained power washing;
d. Heat guns operated above one thousand one hundred (1,100) degrees Fahrenheit;
e. Uncontained sandblasting;
f. Power sanding (unless fitted with a HEPA filter); and
g. Chemical stripping using products containing methylene chloride.
Certification that prohibited work practices were not used must be made by the person doing the work on a form provided by the code enforcement office and kept on file with the owner of the property.
(2) The following practices are not allowed to be used to remove lead-based paint on non-rental target housing:
a. Open flame burning or torching.
b. Use of heat guns operated above one thousand one hundred (1,100) degrees Fahrenheit.
c. Dry scraping.
d. Machine sanding or grinding.
e. Uncontained hydro-blasting or high-pressure washing.
f. Abrasive blasting or sandblasting without containment and high-efficiency particulate exhaust controls.
g. Chemical stripping using methylene chloride products.
Notwithstanding the provisions of section 18-31(a) and (b), if a violation of this subsection is found, the inspector shall issue an order to cease and desist the prohibited practice, remove all visible paint chips and clean the affected area using the safe cleaning methods approved by the state department of health. A failure to comply with such an order is a violation the penalty for which shall be a fine of up to five hundred dollars ($500.00).
(e) Enforcement of lead safe work practices. In addition to all the other enforcement powers authorized by this chapter, inspectors shall have the authority to issue a stop work order if unsafe or prohibited work practices are being performed on target housing.
(f) Lead safe cleaning practices. All activities to all rental target housing that disturb more than one (1) square foot of painted interior surface(s) shall be followed by a specialized cleaning that employs techniques effective in collecting lead dust, paint chips and debris. These techniques shall include, but are not limited to: wet sweeping; using vacuums with HEPA filters; wet scrubbing and wiping of surfaces numerous times with disposable towels; using a multi-bucket system when mopping; and using lead specific or other effective detergents. Certification that lead safe cleaning practices were used must be made by the person doing the work on a form provided by the code enforcement office and kept on file with the owner of the property for one (1) year from the completion of the activity.
(g) Installation of vinyl or metal inserts. Owner(s) of rental target housing units shall install vinyl or metal inserts in all window wells in accordance with the requirements of 18 V.S.A. § 1759. A window well is the portion of the exterior window sill between the interior window sill (or stool) and the frame of the storm window. If there is no storm window, the window well is the area that receives both the upper and lower window sashes when they are both lowered.
(h) Owner’s responsibilities.
(1) Posting.
a. Owner(s) of rental target housing shall post in a prominent location, a poster that meets the requirements of 18 V.S.A. § 1759 which states the importance of occupants reporting deteriorated paint and the information of whom to contact.
b. Owner(s) of target housing shall post in a prominent location a notice that informs abutting neighbors that exterior work which is subject to the provisions of section 18-112 is being done on their dwelling. The form of such notice will be provided by the code enforcement office and use appropriate universal symbols to make the notice easily understandable.
(2) Educational pamphlet. Owner(s) or owner(s) representative of rental target housing shall provide the Environmental Protection Agency (EPA) pamphlet "Protect Your Family from Lead in Your Home", or any subsequent or superseding pamphlet, to tenants upon occupying the rental unit and annually thereafter.
(3) Certifications. All work on rental target housing performed to comply with the requirements of this section must be certified on a form provided by the code enforcement office that the required work was performed using lead safe work practices and lead safe cleaning practices and that the work was done or supervised by a person who has been certified by the state department of health as having successfully completed the essential maintenance practices course. Owner(s) shall obtain and keep such certifications and provide a copy to the code enforcement office upon request.
(4) Specialized cleaning at tenant turnover. Owner(s) of rental target housing shall perform a specialized cleaning of all horizontal interior surfaces, except ceilings, at tenant turnover as set forth in subsection (f) of this section. Certification that specialized cleaning was done must be made by the person doing the work and kept on file with the owner of the property.
(5) Annual cleaning of common areas. Owner(s) of rental target housing shall annually perform a specialize cleaning of all horizontal interior surfaces, except ceilings, in the common areas of the rental property accessible to tenants.
(6) Vermont compliance statements. Owner(s) of rental target housing shall comply with the compliance statement requirements of 18 V.S.A. § 1759(b) and shall provide a copy of the current statement to the code enforcement office as proof of compliance upon request.
(7) Disclosure of known lead based paint activities. Owner(s) of rental target housing shall disclose to tenants, records of all known lead based paint activities. A "lead based paint activity" means an inspection conducted by a lead inspector and/or risk assessment conducted by a lead risk assessor and/or lead paint hazard reduction activity, as "inspection" is defined in 17 V.S.A. § 1751(b)(10), "lead inspector" is defined in 17 V.S.A. § 1751(b)(17), and "risk assessment" is defined in 17 V.S.A. § 1751(b)(24), and as "lead paint hazard" is a "lead hazard", as defined in 17 V.S.A. § 1751(b)(16), created by "lead based paint" as that is defined in "17 V.S.A. § 1751(b)(12). Owner(s) of rental target housing shall disclose all known lead based paint activities to perspective buyers. Buyers of the property shall keep records of all such known lead based paint activities. Owner(s) of pre-1978 rental properties undergoing activities that disturb more than one (1) square foot of painted surface(s) shall provide to the occupant(s) the Environmental Protection Agency (EPA) pamphlet "Protect Your Family from Lead in Your Home," or subsequent or superseding pamphlet, and a description of the type of work that will take place, expected work dates and who to contact with questions about the work, at least seven (7) days prior to the commencement of work.
(i) Contractor’s obligations. In addition to complying with the pre-renovation rule or any subsequent superseding rule, using lead safe work practices, lead safe cleaning practices and not using prohibited work practices, contractors that disturb more than one (1) square foot of painted surface(s) in pre-1978 dwellings shall provide to the owner(s) the Environmental Protection Agency (EPA) pamphlet "Protect Your Family from Lead in Your Home," or subsequent or superseding pamphlet, and a description of the type of work that will take place, expected work dates and who to contact with questions about the work, at least seven (7) days prior to the commencement of work, except in emergency circumstances, in accordance with the pre-renovation rule.
(Ord. of 2-23-09)
18-113 Short term rentals.
The following additional minimum standards shall apply to short term rentals only:
(a) Hosts shall comply with all applicable State law and regulations regarding short term rentals.
(b) Short term rentals must be serviced and cleaned before each new guest.
(c) A host shall include the rental registration number clearly visible on all advertising for the short term rental.
(d) Hosts shall provide guests written documentation with the following information:
(1) The name, phone number, and email of the host and, if not the host individually, an emergency contact within Chittenden County who is available at all times during a guest’s rental.
(2) Contact information for the enforcement agency, the State Department of Health, and the State Department of Public Safety’s Division of Fire Safety.
(3) Written instructions on the location and use of fire extinguishers;
(4) Written instructions on emergency shut-off of heating systems and fuel burning appliances.
(5) A diagram identifying emergency egress routes.
(6) A copy of Burlington’s noise control ordinance.
(Ord. of 6-27-22)
18-114—18-119 Reserved.
18-120 Deposits.
(a) No other payments or deposits beyond the first month’s rental payment and the deposits described in this section may be required as a condition of rental, lease or occupancy of a rental unit as a dwelling.
(1) An owner may require a reasonable deposit as a condition for the rental, lease or occupancy of a rental unit as a dwelling as security against damage beyond normal wear and tear to the premises which is attributable to the tenant, against nonpayment of rent, against nonpayment of utility or other charges which the tenant was required to pay directly to the landlord or to a utility, and against expenses required to remove from the rental unit articles abandoned by the tenant. This deposit may not exceed the amount of one month’s rent for the unit rented and shall be held by the owner in an interest-bearing account, with an interest rate at least equivalent to a current Vermont bank passbook savings account. This deposit shall not be used by the tenant as the last month’s rent unless otherwise specified in a written lease agreement between the parties.
(2) In addition to the above-stated security deposit, an owner may require an additional payment equal to one-half (1/2) the amount of one month’s rent as a condition for allowing the occupants to have a pet or pets during the rental, lease or occupancy of a rental unit as a dwelling. Such additional payment may not be charged for any animal that mitigates a disability.
(b) At the beginning of any rental arrangement, the property owner(s) and tenant(s) shall prepare a list of existing damage to the premises. A dated, signed copy of such list shall be retained by both parties to the lease or rental arrangements for the purpose of assisting in the resolution of the deposit situation when the tenant vacates or abandons the rental unit.
(c) At the time rental unit is vacated or abandoned by the tenant, the tenant shall furnish the owner a forwarding address to enable the owner to return all or part of the deposit as required. After the rental unit is vacated or abandoned by the tenant(s), the owner may retain all or part of the deposit plus interest for the actual cost to repair damage beyond normal wear and tear which is attributable to the tenant in order to maintain the condition and habitability of the unit, for nonpayment of rent, for nonpayment of utility or other charges which the tenant was required to pay directly to the landlord or to a utility, and for expenses required to remove from the rental unit articles abandoned by the tenant. A landlord shall return the deposit to a tenant within fourteen (14) days from the date on which the landlord discovers that the tenant vacated or abandoned the rental unit, or the date the tenant vacated the dwelling unit, provided the landlord received notice from the tenant of that date, with a written statement itemizing any deductions. That written statement shall also inform the tenant of the opportunity to request a hearing before the Burlington housing board of review within thirty (30) days of receipt of the landlord’s written statement. The landlord shall comply with this section by hand-delivering or mailing the statement and any payment required to the last-known address of the tenant, which may be the rental unit if no forwarding address has been provided. If a landlord fails to return the security deposit with a statement within fourteen (14) days, the landlord forfeits the right to withhold any portion of the security deposit. If the failure to return the security deposit with a statement within fourteen (14) days is determined by the board to have been willful, the landlord shall be liable for double the amount wrongfully withheld.
(d) Cross reference Section 12-2.
(e) A tenant, upon receiving notice of the owner’s intent to withhold any part of the deposit because of the reasons specified in subsection (c) of this section, may object and request a hearing before the housing board of review for a review of the reasonableness of the owner’s deductions. The request shall be submitted in writing by the tenant to the office of the city clerk, which shall immediately forward it to the clerk of the housing board of review. Alternatively, it shall also be acceptable for requests to be submitted directly to the clerk of the housing board of review. The request shall be submitted in writing by the tenant to the office of the city clerk within thirty (30) days of receipt of notice of the opportunity to request a hearing or, in the absence of such notice, within forty-four (44) days of the date the tenant vacated or abandoned the rental unit. Hearing shall be set and held by the board in the same manner as provided in Sections 18-48 through 18-59 for the review of an action of an inspector. The board shall hold a hearing, take evidence, and may visit the premises in question for on-site inspection. The board shall make findings and conclusions regarding the reasonableness of the owner’s deductions from the deposit. The board shall order that all, part or none of the portion of the deposit which is withheld be retained by the owner or returned to the tenant. The tenant shall receive all remaining deposit monies and interest beyond the cost of the approved deductions. The board’s action shall be reviewable as provided in Section 18-59.
(f) An owner or a tenant may request a hearing before the housing board of review in order to resolve other issues related to security deposits which are specifically addressed by this section. Such hearings shall be requested, set and held as provided in subsection (e) of this section.
(g) Failure of an owner or other person to notify a tenant as provided in subsection (c) of this section, or to abide by an order of the housing board of review as provided in subsection (e) of this section, or failure of any person to otherwise comply with this section shall constitute a violation of these minimum housing ordinances and shall be punishable as provided in Section 18-31 and shall be considered a minimum housing violation for all applicable legal purposes.
(Ord. of 3-10-86; Ord. of 11-12-91; Ord. of 2-27-95; Ord. of 11-27-06, eff. 12-27-06; Ord. of 12-1-14(2))
18-121—18-129 Reserved.
DIVISION 7. MINIMUM ENERGY EFFICIENCY STANDARDS
18-130 Applicability of minimum energy efficiency standards.
(a) Applicability. This division shall apply to residential rental properties that on an annual basis use fifty thousand (50,000) British thermal units (BTUs) or more per conditioned square foot for space heating purposes, according to the following schedule:
(1) Applicable to residential rental properties that on an annual basis use ninety thousand (90,000) BTUs or more per conditioned square foot for space heating purposes as of January 1, 2022.
(2) Applicable to residential rental properties that on an annual basis use seventy thousand (70,000) to eighty-nine thousand nine hundred ninety-nine (89,999) BTUs per conditioned square foot for space heating purposes as of January 1, 2023.
(3) Applicable to residential rental properties that on an annual basis use sixty thousand (60,000) to sixty-nine thousand nine hundred ninety-nine (69,999) BTUs per conditioned square foot for space heating purposes as of January 1, 2024.
(4) Applicable to residential rental properties that on an annual basis use fifty thousand (50,000) to fifty-nine thousand nine hundred ninety-nine (59,999) BTUs per conditioned square foot for space heating purposes as of January 1, 2025.
(b) Exceptions. This division shall apply to rental properties described in subsection (a) of this section, but excluding:
(1) Rental properties that on an annual basis use less than fifty thousand (50,000) British thermal units (BTUs) per conditioned square foot for space heating purposes;
(2) In mixed commercial/residential rental buildings this article shall apply only to the residential rental portion of the building;
(3) Seasonal rental properties not rented between November 1 and March 31 of each year;
(4) Rental properties that have previously and successfully participated in any weatherization incentive programs provided by local utility, state, or federal entities, as approved by the program administrator within the last ten (10) years; and
(5) Rental properties which have the necessary valid permits to be demolished or converted to a nonresidential use.
(c) Temporary waivers. The program administrator may grant a temporary waiver for requirements under this division for up to one (1) year if: (1) the owner of a rental property cannot obtain financing for energy improvements required under this article and can document that good faith efforts to obtain financing from three (3) different financial institutions have been unsuccessful; (2) the owner of a rental property cannot obtain a professional building weatherization contractor to perform the work required under this article and can document good faith attempts to procure such contractor; or (3) if the owner of a rental property can document that the owner is registered to receive financial support for weatherization through a utility incentive program or low income weatherization program.
(Ord. of 5-10-21; Ord. of 1-10-22(1))
18-131 Work related to meeting minimum energy efficiency standards.
(a) Professional building weatherization contractor required. Work required to comply with this division shall be conducted by a professional building weatherization contractor—that is, a contractor that normally provides air sealing and insulation services.
(b) Cost cap. The total costs for initial work related to meeting minimum energy efficiency standards described in Section 18-132 are not required to exceed two thousand five hundred dollars ($2,500.00) per rental unit (a "cost cap"). The total costs shall exclude amounts of any weatherization program incentives provided by local utility, state, or federal entities and approved by the program administrator and must be incurred by the rental property owner.
(c) This two thousand five hundred dollar ($2,500.00) cost cap shall be annually adjusted by the program administrator equivalent to one hundred (100) percent of the annual change in the Consumer Price Index for All Urban Consumers (CPI-U) in the Northeast Region, to go into effect January 1 of every ensuing year. In no event shall the cost cap be less than two thousand five hundred dollars ($2,500.00). The program administrator shall maintain a record of the Consumer Price Indices used and shall provide public notice of this adjustment prior to the first day of December previous to the applicable January 1 and by posting a written notice of the adjusted cap in a prominent place in the office of the Burlington electric department, a prominent place in City Hall, and a prominent place in the office of the department of permitting and inspections.
(d) Extensions. If the initial work meets the cost cap in subsection (b) of this section and the rental property still does not meet the minimum energy efficiency standards described in Section 18-132 or the rental property does not use less than fifty thousand (50,000) British thermal units (BTUs) per conditioned square foot for space heating purposes annually, the owner of a rental property may be granted an extension by the program administrator for up to three (3) years to meet the energy efficiency standards required in Section 18-132 if the owner of a rental property demonstrates that compliance under this division creates an undue burden on the owner or current tenant. However, the property must be in compliance with standards by the expiration of the extension, regardless of the cost to achieve those standards.
(Ord. of 5-10-21)
18-132 Minimum energy efficiency standards.
Residential rental properties subject to Section 18-130 shall meet the following minimum energy efficiency standards:
(a) Insulation of exterior walls. All exterior walls enclosing an empty cavity that could be insulated shall be filled with insulation per current Burlington Energy Efficiency Utility (EEU) and Vermont’s Weatherization Assistance Program recommended technical upgrade specifications.
(b) Insulation of open attics/ceilings/roofs.
(1) For insulation of open attics (an attic which is unfloored), insulation shall be added per current Burlington Energy Efficiency Utility (EEU) and Vermont’s Weatherization Assistance Program recommended technical upgrade specifications.
(2) The empty space under the flooring of an unheated floored attic shall be filled with insulation per current Burlington Energy Efficiency Utility (EEU) and Vermont’s Weatherization Assistance Program recommended technical upgrade specifications.
(3) Horizontal attic access panels shall be insulated per current Burlington Energy Efficiency Utility (EEU) and Vermont’s Weatherization Assistance Program recommended technical upgrade specifications.
(4) Vertical attic access panels shall be insulated per current Burlington Energy Efficiency Utility (EEU) and Vermont’s Weatherization Assistance Program recommended technical upgrade specifications.
(5) "Sloped roof cavities" (including "cathedral" ceilings) and knee walls shall be treated as exterior walls (see subsection (b)(1) of this section).
(c) Insulation of other areas.
(1) Box sills shall be insulated on either the inside or the outside of the band joist per current Burlington Energy Efficiency Utility (EEU) and Vermont’s Weatherization Assistance Program recommended technical upgrade specifications.
(2) Floors over basements, crawl spaces, outdoor spaces or spaces typically approximating outdoor temperatures during the heating season shall be insulated per current Burlington Energy Efficiency Utility (EEU) and Vermont’s Weatherization Assistance Program recommended technical upgrade specifications.
(3) Electric water heaters shall be insulated per current Burlington Energy Efficiency Utility (EEU) and Vermont’s Weatherization Assistance Program recommended technical upgrade specifications.
(d) Heating/cooling ducts and piping and domestic hot water piping.
(1) All accessible space heating/cooling ducts in basements or crawl spaces with insulated ceilings, or in attics, shall be air sealed and insulated per current Burlington Energy Efficiency Utility (EEU) and Vermont’s Weatherization Assistance Program recommended technical upgrade specifications.
(2) All accessible space heating/cooling piping in basements or crawl spaces with insulated ceilings, or in attics, shall be insulated per current Burlington Energy Efficiency Utility (EEU) and Vermont’s Weatherization Assistance Program recommended technical upgrade specifications.
(3) All accessible domestic hot water piping which is part of a pumped circulating loop in basements or crawl spaces with insulated ceilings, or in attics, shall be insulated per current Burlington Energy Efficiency Utility (EEU) and Vermont’s Weatherization Assistance Program recommended technical upgrade specifications.
(4) All accessible domestic water piping (both hot and cold) within close distance from the tank shall be insulated per current Burlington Energy Efficiency Utility (EEU) and Vermont’s Weatherization Assistance Program recommended technical upgrade specifications.
(5) Operation of the heating or cooling air distribution system shall not induce a pressure differential between the conditioned space and the outdoors, as measured after any other energy improvements are completed per current Burlington Energy Efficiency Utility (EEU) and Vermont’s Weatherization Assistance Program recommended technical upgrade specifications.
(e) Windows and doors.
(1) All windows in exterior walls shall be double-glazed or provided with storm windows during the heating season.
(2) All operable windows in exterior walls shall have functioning latches which close windows tightly.
(3) All doors and access hatches opening to the outdoors, or to spaces which typically approximate outdoor temperatures during the heating season, shall have functioning weatherstripping and latches which close doors tightly.
(f) Air leakage reduction.
(1) Air leakage rate reduction work shall follow the current Burlington Energy Efficiency Utility (EEU) and Vermont’s Weatherization Assistance Program recommended technical upgrade specifications;
(2) In general, rental properties shall have an air leakage rate no greater than one thousand five hundred (1,500) cubic feet per minute at a pressure differential of fifty (50) pascals as tested with calibrated pressurization (or depressurization) air flow measurement equipment; or
(3) A projected natural air leakage rate which is no greater than six-tenths (0.6) average annual air changes per hour as calculated by accepted professional practice approved by the program administrator.
(g) Combustion appliances and equipment.
(1) All fuel burning heating systems shall be biennially inspected and serviced by a certified technician certifying that the system is functioning and operating in a safe manner in compliance with the standards of this section, with proof of inspection stated on a tag issued by the department of permitting and inspections and placed in a conspicuous place as defined by the department of permitting and inspections.
(2) All components of a heating system including any pumps, motors, and controls shall be in good operating condition.
(3) The heating system shall be adequate to heat all living spaces as required and defined by the City of Burlington’s minimum housing code.
(Ord. of 5-10-21)
18-133—18-199 Reserved.
Editor’s note—An ordinance enacted Aug. 4, 1986, amended Ch. 18 by deleting the provisions of former Art. III, Minimum Standards, in their entirety and replacing them with similar provisions set out hereinabove as a new Art. III. The substantive provisions of former Art. III consisted of §§ 18-70—18-78, 18-84—18-88, 18-94—18-96, 18-102—18-105, 18-112—18-118, 18-120, and were derived from §§ 923—928 of the city’s 1962 Revised Ordinances; § 924 of the 1969 Cumulative Supplement; and from an ordinance of March 10, 1986.
Cross reference—Building code, § 8-2; electrical code, § 12-1; basic fire code, § 13-1; garbage and refuse, Ch. 14; gas code, §§ 15-1, 15-2; health, Ch. 17; plumbing standards and requirements, § 25-31 et seq.; sewers and sewage disposal, Ch. 26; water, Ch. 31.
State law reference—Authority to adopt, 24 V.S.A. § 3101.
Cross reference—BOCA Fire Code adopted, § 13-1.