HomeMy WebLinkAboutItem 1: Ordinance Expanding Rental Housing Language
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: An Ordinance Concerning Rental Housing Standards; Amending
Section 8.425 of the Eugene Code, 1971
Meeting Date: April 20, 2009 Agenda Item Number: 1
Department: Planning and Development Staff Contact: Rachelle Nicholas
www.eugene-or.gov Contact Telephone Number: 682-5495
ISSUE STATEMENT
The proposed code amendment adds language to existing code to address the source of mold in rental
housing.
BACKGROUND
In October 2007, the City Council directed staff to draft code language to address mold, security and
smoke detectors in rental housing. Subsequent council action removed mold language from the
ordinance to allow time for further review and public input.
Following council direction, the Planning and Development Department formed a six-member advisory
committee to discuss the topic and obtain public input. The following committee members represent
various interest areas:
Norton Cabell (rental owner/co-chair)
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John VanLandingham (legal representative/co-chair)
?
Tony Mecum (University of Oregon student)
?
Jeff Lang (public health advocate)
?
Hugh Massengill (tenant advocate)
?
Jami Sterling-Counard (property manager).
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There are no recognized standards by which mold violations are measured either at a state or national
level. In addition, there are no agencies locally or at the state level consistently tracking the number of
mold complaints to evaluate the significance of the problem.
The advisory committee met seven times and held three public forums. Three guest speakers with
expertise in the field of mold provided educational presentations to the committee: Susan Busler, OSU
Extension Office, Professor George Carrol, University of Oregon Department of Biology, and Mark
Losco, Magnum Environmental. All sessions were open to the public.
The committee looked for best practices at other jurisdictions in various states including the following:
California, Florida, Georgia, Maryland, Minnesota, Oregon, and Vermont. Specifically, the committee
looked at code language, fees, and practices. This information was used to support discussion around
various issues.
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After meeting and hearing public testimony the committee recommends adding language to the existing
code standards to address the source of the mold rather than the existence of mold. The experts advised
the committee that visible mold was a sign of water intrusion. The committee believes it would be most
beneficial to regulate the cause of the mold rather than the presence of mold by itself. The proposed
language provides that serious visible mold will be treated as a symptom of water intrusion caused by
faulty weatherproofing, plumbing or structural integrity. The proposed ordinance does not prohibit the
presence of mold.
RELATED CITY POLICIES
Chapter III, Existing Housing Supply and Neighborhoods, Policy A.25 of the Eugene-Springfield
Metropolitan Area General Plan 2004 update: Conserve the metropolitan area’s supply of existing
affordable housing and increase the stability and quality of older residential neighborhoods, through
measures such as revitalization,; code enforcement, appropriate zoning, rehabilitation programs,
relocation of existing structures, traffic calming, parking requirements, or public considerations. These
actions should support planned densities in these areas.
COUNCIL OPTIONS
No formal action is required; however, options will be provided as part of the formal code amendment
deliberations on the draft ordinance, following the public hearing by the City Council on April 20, 2009.
CITY MANAGER’S RECOMMENDATION
No action is required on this item; therefore, no recommendations are offered by the City Manager. A
recommendation will be provided as part of the formal code amendment deliberations on the draft
ordinance, following the public hearing to be held by the City Council.
SUGGESTED MOTION
No action is required at this time; therefore, no motions are offered by the City Manager. A suggested
motion will be provided at the time of formal deliberations on the draft ordinance.
ATTACHMENTS
A.Proposed Rental Housing Code Ordinance
FOR MORE INFORMATION
Staff Contact: Rachelle Nicholas
Telephone: 682-5495
Staff E-Mail: rachelle.d.nicholas@ci.eugene.or.us
Z:\CMO\2009 Council Agendas\M090420\S0904201.doc
ATTACHMENT A
ORDINANCE NO. ________
AN ORDINANCE CONCERNING RENTAL HOUSING STANDARDS;
AMENDING SECTION 8.425 OF THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 8.425 of the Eugene Code, 1971, is amended to provide as
follows:
8.425 Rental Housing – Standards.
(1)
Structural Integrity. Roofs, floors, walls, foundations and all other
structural components shall be capable of resisting loads
prescribed by the building code in effect at the time of construction.
(2)
Plumbing.
(a) Plumbing systems shall be maintained in a safe and sanitary
condition and shall be free of defects, leaks and
obstructions. The presence of significant visible mold
may be a symptom of faulty plumbing, however, the
presence of mold, by itself, is not a violation for
purposes of sections 8.400 through 8.440 of this code.
(b) Repairs must be permanent rather than temporary and
shall be through generally accepted plumbing methods.
If significant visible mold results from faulty plumbing,
repairs must include removing the mold, which may
include mold on or in interior walls, sheetrock,
insulation, floors, carpets or carpet backing.
(3)
Heating.
(a) A permanently installed heat source able to provide a room
temperature of 68 degrees Fahrenheit three feet above the
floor, measured in the approximate center of the room, in all
habitable rooms. Portable space heaters shall not be used to
achieve compliance with this section.
(b) All heating devices or appliances shall conform to applicable
law at the time of installation.
(c) Ventilation for fuel-burning heating appliances shall be as
required by the Mechanical Code at the time of installation.
(4)
Weatherproofing.
(a) Roof, exterior walls, windows and doors shall be maintained
to prevent water intrusion into the building envelope
[leakage into living areas] which may cause damage to the
structure or its contents or may adversely affect the health of
an occupant. The presence of significant visible mold
Ordinance - Page 1 of 3
ATTACHMENT A
may be a symptom of faulty weatherproofing, however,
the presence of mold, by itself, is not a violation for
purposes of sections 8.400 through 8.440 of this code.
(b) Repairs must be permanent rather than temporary and shall
be through generally accepted construction methods. If
significant visible mold results from faulty
weatherproofing, repairs must include removing the
mold, which may include mold on or in interior walls,
sheetrock, insulation, floors, carpets or carpet backing.
(5)
Security. Doors and windows leading into a dwelling unit must be
equipped with locks and shall be maintained in a condition so as to
restrict access into the dwelling unit.
(6)
Smoke detectors. Every dwelling unit shall be equipped with an
approved and properly functioning smoke alarm or smoke detector
installed and maintained in accordance with the state building code,
ORS 479.270, 479.275, and 479.285, and applicable rules of the
State Fire Marshal.
(7)
Interpretations.
(a) The city manager is empowered to render interpretations of
sections 8.400 through 8.440 of this code.
(b) Such interpretations shall be consistent with the purpose of
this code.
Section 2.
The City Recorder, at the request of, or with the concurrence of the
City Attorney, is authorized to administratively correct any reference errors contained
herein or in other provisions of the Eugene Code, 1971, to the provisions added,
amended or repealed herein.
Section 3.
Section 5 of Ordinance No. 20329 was amended by Ordinance No.
20408 by extending the automatic sunset and repeal of Ordinance No. 20329 and the
Rental Housing Code (Eugene Code Sections 8.400 – 8.440, 8.995) to December 31,
2011. This Ordinance and Eugene Code Section 8.425 shall also automatically sunset
and be repealed on December 31, 2011. The City Recorder is requested to note the
sunset date on appropriate City logs and to append a copy of this Ordinance to
Ordinance Nos. 20329 and 20408.
Ordinance - Page 2 of 3
ATTACHMENT A
Passed by the City Council this Approved by the Mayor this
_____ day of ________________, 2009 ____ day of ________________, 2009
_____________________________ ______________________________
City Recorder Mayor
00219531.DOC;5
Ordinance - Page 3 of 3