§ 156.21 Title 24 Of The Code Of Federal Regulations; Section 882.109(A) – (1); Housing Quality Standards

1. Controlled Area.

A. Every occupant of a dwelling unit or rooming unit shall keep in a clean, safe, and sanitary condition that part of the dwelling unit, rooming unit, or premises thereof which the occupant occupies and controls.

B. Every floor and floor covering shall be kept reasonably clean and sanitary.

C. Every wall and ceiling shall be kept reasonably clean and free of dirt or greasy film.

D. No dwelling or the premises thereof shall be used for the storage or handling of solid waste.

E. No dwelling or the premises thereof shall be used for the storage or handling of dangerous or hazardous materials.

2. Plumbing Fixtures. The occupants of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care, proper use, and proper operation thereof.

3. Extermination of Pests. Every occupant of a single-family dwelling shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises; every occupant of a dwelling containing more than one dwelling unit or rooming unit shall be responsible for such extermination within the unit occupied whenever said unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a reasonably rodent-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner.

4. Storage and Disposal of Solid Waste. Every occupant of a dwelling shall dispose of solid waste and any other organic waste in a clean and sanitary manner by placing it in the supplied disposal facilities or storage containers required by this Code.

5. Use and Operation of Supplied Heating Facilities. Every occupant of a dwelling unit or rooming unit shall be responsible for the exercise of reasonable care, proper use, and proper operation of supplied heating facilities. No combustible material shall be stored within three feet of a fuel burning furnace and/or fuel burning water heater.

6. Electrical Wiring. No temporary wiring shall be used. Approved extension cords may be used but shall not lie beneath floor coverings or extend through doorways, transoms or similar apertures and structural elements or attached thereto. The occupant shall not overload the circuitry of the dwelling unit or rooming unit.

7. Supplied Facilities. Every occupant of a dwelling unit shall keep all supplied fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care, proper use, and proper operation thereof.

8. Cooking or Eating in Rooming Units. No occupant of a rooming unit shall prepare or eat meals or store cooking utensils in the rooming unit unless an approved kitchen or dining room is contained within the rooming unit. The cooking and eating of meals may take place in dwellings containing a rooming unit or units if the provisions of subsections 156.18(7) and (8) of this chapter are complied with.

9. Occupancy Control.

A. A dwelling unit shall not be occupied by a number of persons greater than allowed by the City Zoning Ordinance.

B. No room shall be used as a habitable room unless certified as a habitable room at the time the certificate of structure compliance is issued or amended.

10. Fire Protection Equipment. All fire extinguishers and early warning fire protection systems shall be maintained in good working condition at all times. Fire extinguishers shall be mounted and meet the requirements of the City Fire Code.

156.21 TITLE 24 OF THE CODE OF FEDERAL REGULATIONS; SECTION 882.109(a) THROUGH (l); HOUSING QUALITY STANDARDS. Housing used in this program shall meet the performance requirements set forth in this section. In addition, the housing shall meet the acceptability criteria set forth in this section except for such variations as are proposed by the PHA and approved by HUD. Local climatic or geological conditions or local codes are examples which may justify such variations. The term “this program” shall be interpreted to mean the Section VIII Housing Assistance Payments Program. Further, in accordance with the Code of Iowa, as amended, this section has provided the basis for provisions of the Tiffin Housing Code.

1. Sanitary Facilities.

A. Performance Requirement. The dwelling unit shall include its own facilities which are in proper operating condition, can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste.

B. Acceptability Criteria. A flush toilet in a separate, private room, a fixed basin with hot and cold running water shall be present in the dwelling unit, all in proper operating condition. These facilities shall utilize an approved public or private disposal system.

2. Food Preparation and Solid Waste Disposal.

A. Performance Requirement. The dwelling unit shall contain suitable space and equipment to store, prepare, and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and solid waste, including facilities for temporary storage where necessary.

B. Acceptability Criteria. The unit shall contain the following equipment in proper operating condition: cooking stove or range and a refrigerator of appropriate size for the unit, supplied by either the owner or the family, and a kitchen sink with hot and cold running water. The sink shall drain into an approved public or private system. Adequate space for the storage, preparation, and serving of food shall be provided. There shall be adequate facilities and services for the sanitary disposal of food wastes and solid waste, including facilities for temporary storage where necessary, e.g., garbage cans.

3. Space and Security.

A. Performance Requirement. The dwelling unit shall afford the family adequate space and security.

B. Acceptability Criteria. A living room, kitchen area, and bathroom shall be present, and the dwelling unit shall contain at least one sleeping or living/sleeping room of appropriate size for each two persons. Exterior doors and windows accessible from outside the unit shall be lockable.

4. Thermal Environment.

A. Performance Requirement. The dwelling unit shall have and be capable of maintaining a thermal environment healthy for the human body.

B. Acceptability Criteria. The dwelling unit shall contain safe heating and/or cooling facilities which are in proper operating condition and can provide adequate heat and/or cooling to each room in the dwelling unit appropriate for the climate to assure a healthy living environment. Unvented room heaters which burn gas, oil, or kerosene are unacceptable.

5. Illumination and Electricity.

A. Performance Requirement. Each room shall have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of occupants. Sufficient electrical sources shall be provided to permit use of essential electrical appliances while assuring safety from fire.

B. Acceptability Criteria. Living and sleeping rooms shall include at least one window. A ceiling-or wall-type light fixture shall be present and working in the bathroom and kitchen area. At least two electrical outlets, one of which may be an overhead light, shall be present and operable in the living area, kitchen area, and each bedroom area.

6. Structure and Materials.

A. Performance Requirement. The dwelling unit shall be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the occupants from the environment.

B. Acceptability Criteria. Ceilings, walls, and floors shall not have any serious defects, such as severe bulging or leaning, large holes, loose surface materials, severe buckling or noticeable movement under walking stress, missing parts or other serious damage. The roof structure shall be firm, and the roof shall be weather-tight. The exterior wall structure and exterior wall surface shall not have any serious defects, such as serious leaning, buckling, sagging, cracks or holes, loose siding, or other serious damage. The condition and equipment of interior and exterior stairways, halls, porches, and walkways shall be such as not to present a danger of tripping or falling. Elevators shall be maintained in safe and operating condition. In the case of manufactured housing, the housing shall be securely anchored by a tie-down device which distributes and transfers the load posed by the unit to appropriate ground anchors so as to resist wind overturning and sliding.

7. Interior Air Quality.

A. Performance Requirement. The dwelling unit shall be free of pollutants in the air at levels which threaten the health of the occupants.

B. Acceptability Criteria. Dwelling units shall be free from dangerous levels of air pollution from carbon monoxide, sanitary sewer gas, fuel gas, dust, and other harmful air pollutants. Air circulation shall be adequate throughout the unit. Bathroom areas shall have at least one openable window or other adequate exhaust ventilation.

8. Water Supply.

A. Performance Requirement. The water supply shall be free from contamination.

B. Acceptability Criteria. The unit shall be served by an approved public or private potable water supply.

9. Lead-Based Paint.

A. Performance Requirement.

(1) The dwelling unit shall be in compliance with HUD lead-based paint regulations, 24 CFR, part 35, issued pursuant to the Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. 4801, as amended, and the owner shall provide a certification that the dwelling is in accordance with such HUD regulations.

(2) If the property was constructed prior to 1950, the family, upon occupancy, shall have been furnished the notice required by HUD lead-based paint regulations and procedures regarding the hazards of lead-based paint poisoning, the symptoms and treatment of lead poisoning and the precautions to be taken against lead poisoning.

B. Acceptability Criteria. Same as performance requirement.

10. Access.

A. Performance Requirement. The dwelling unit shall be usable and capable of being maintained without unauthorized use of other private properties, and the building shall provide an alternate means of egress in case of fire.

B. Acceptability Criteria. The dwelling unit shall be usable and capable of being maintained without unauthorized use of other private properties. The building shall provide an alternate means of egress in case of fire, such as fire stairs or egress through windows.

11. Site and Neighborhood.

A. Performance Requirement. The site and neighborhood shall be reasonably free from disturbing noises and reverberations and other hazards to the health, safety, and general welfare of the occupants.

B. Acceptability Criteria. The site and neighborhood shall not be subject to serious adverse environmental conditions, natural or human-made, such as dangerous walks, steps, instability, flooding, poor drainage, septic tank backups, sanitary sewage hazards or mudslides; abnormal air pollution, smoke or dust; excessive noise, vibrations or vehicular traffic; excessive accumulation of trash; vermin or rodent infestations; or fire hazards.

12. Sanitary Condition.

A. Performance Requirement. The unit and its equipment shall be in sanitary condition.

B. Acceptability Criteria. The unit and its equipment shall be free of vermin and rodent infestation.

1. Controlled Area.

A. Every occupant of a dwelling unit or rooming unit shall keep in a clean, safe, and sanitary condition that part of the dwelling unit, rooming unit, or premises thereof which the occupant occupies and controls.

B. Every floor and floor covering shall be kept reasonably clean and sanitary.

C. Every wall and ceiling shall be kept reasonably clean and free of dirt or greasy film.

D. No dwelling or the premises thereof shall be used for the storage or handling of solid waste.

E. No dwelling or the premises thereof shall be used for the storage or handling of dangerous or hazardous materials.

2. Plumbing Fixtures. The occupants of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care, proper use, and proper operation thereof.

3. Extermination of Pests. Every occupant of a single-family dwelling shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises; every occupant of a dwelling containing more than one dwelling unit or rooming unit shall be responsible for such extermination within the unit occupied whenever said unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a reasonably rodent-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner.

4. Storage and Disposal of Solid Waste. Every occupant of a dwelling shall dispose of solid waste and any other organic waste in a clean and sanitary manner by placing it in the supplied disposal facilities or storage containers required by this Code.

5. Use and Operation of Supplied Heating Facilities. Every occupant of a dwelling unit or rooming unit shall be responsible for the exercise of reasonable care, proper use, and proper operation of supplied heating facilities. No combustible material shall be stored within three feet of a fuel burning furnace or fuel burning water heater.

6. Electrical Wiring. No temporary wiring shall be used. Approved extension cords may be used but shall not lie beneath floor coverings or extend through doorways, transoms or similar apertures and structural elements or attached thereto. The occupant shall not overload the circuitry of the dwelling unit or rooming unit.

7. Supplied Facilities. Every occupant of a dwelling unit shall keep all supplied fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care, proper use, and proper operation thereof.

8. Cooking or Eating in Rooming Units. No occupant of a rooming unit shall prepare or eat meals or store cooking utensils in the rooming unit unless an approved kitchen or dining room is contained within the rooming unit. The cooking and eating of meals may take place in dwellings containing a rooming unit or units if the provisions of subsections 156.18(7) and (8) of this chapter are complied with.

9. Occupancy Control.

A. A dwelling unit shall not be occupied by a number of persons greater than allowed by the City Zoning Ordinance.

B. No room shall be used as a habitable room unless certified as a habitable room at the time the Certificate of Structure Compliance is issued or amended.

10. Fire Protection Equipment. All fire extinguishers and early warning fire protection systems shall be maintained in good working condition at all times. Fire extinguishers shall be mounted and meet the requirements of the City Fire Code.

Housing used in this program shall meet the performance requirements set forth in this section. In addition, the housing shall meet the acceptability criteria set forth in this section except for such variations as are proposed by the PHA and approved by HUD. Local climatic or geological conditions or local codes are examples which may justify such variations. The term “this program” shall be interpreted to mean the Section VIII Housing Assistance Payments Program. Further, in accordance with the Code of Iowa, as amended, this section has provided the basis for provisions of the City Housing Code.

1. Sanitary Facilities.

A. Performance Requirement. The dwelling unit shall include its own facilities which are in proper operating condition, can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste.

B. Acceptability Criteria. A flush toilet in a separate, private room, a fixed basin with hot and cold running water shall be present in the dwelling unit, all in proper operating condition. These facilities shall utilize an approved public or private disposal system.

2. Food Preparation and Solid Waste Disposal.

A. Performance Requirement. The dwelling unit shall contain suitable space and equipment to store, prepare, and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and solid waste, including facilities for temporary storage where necessary.

B. Acceptability Criteria. The unit shall contain the following equipment in proper operating condition: cooking stove or range and a refrigerator of appropriate size for the unit, supplied by either the owner or the family, and a kitchen sink with hot and cold running water. The sink shall drain into an approved public or private system. Adequate space for the storage, preparation, and serving of food shall be provided. There shall be adequate facilities and services for the sanitary disposal of food wastes and solid waste, including facilities for temporary storage where necessary, e.g., garbage cans.

3. Space and Security.

A. Performance Requirement. The dwelling unit shall afford the family adequate space and security.

B. Acceptability Criteria. A living room, kitchen area, and bathroom shall be present, and the dwelling unit shall contain at least one sleeping or living and sleeping room of appropriate size for each two persons. Exterior doors and windows accessible from outside the unit shall be lockable.

4. Thermal Environment.

A. Performance Requirement. The dwelling unit shall have and be capable of maintaining a thermal environment healthy for the human body.

B. Acceptability Criteria. The dwelling unit shall contain safe heating or cooling facilities which are in proper operating condition and can provide adequate heat or cooling to each room in the dwelling unit appropriate for the climate to assure a healthy living environment. Unvented room heaters which burn gas, oil, or kerosene are unacceptable.

5. Illumination and Electricity.

A. Performance Requirement. Each room shall have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of occupants. Sufficient electrical sources shall be provided to permit use of essential electrical appliances while assuring safety from fire.

B. Acceptability Criteria. Living and sleeping rooms shall include at least one window. A ceiling - or wall-type light fixture shall be present and working in the bathroom and kitchen area. At least two electrical outlets, one of which may be an overhead light, shall be present and operable in the living area, kitchen area, and each bedroom area.

6. Structure and Materials.

A. Performance Requirement. The dwelling unit shall be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the occupants from the environment.

B. Acceptability Criteria. Ceilings, walls, and floors shall not have any serious defects, such as severe bulging or leaning, large holes, loose surface materials, severe buckling or noticeable movement under walking stress, missing parts, or other serious damage. The roof structure shall be firm, and the roof shall be weather-tight. The exterior wall structure and exterior wall surface shall not have any serious defects, such as serious leaning, buckling, sagging, cracks or holes, loose siding, or other serious damage. The condition and equipment of interior and exterior stairways, halls, porches, and walkways shall be such as not to present a danger of tripping or falling. Elevators shall be maintained in safe and operating condition. In the case of manufactured housing, the housing shall be securely anchored by a tie-down device which distributes and transfers the load posed by the unit to appropriate ground anchors so as to resist wind overturning and sliding.

7. Interior Air Quality.

A. Performance Requirement. The dwelling unit shall be free of pollutants in the air at levels which threaten the health of the occupants.

B. Acceptability Criteria. Dwelling units shall be free from dangerous levels of air pollution from carbon monoxide, sanitary sewer gas, fuel gas, dust, and other harmful air pollutants. Air circulation shall be adequate throughout the unit. Bathroom areas shall have at least one openable window or other adequate exhaust ventilation.

8. Water Supply.

A. Performance Requirement. The water supply shall be free from contamination.

B. Acceptability Criteria. The unit shall be served by an approved public or private potable water supply.

9. Lead-Based Paint.

A. Performance Requirement.

(1) The dwelling unit shall be in compliance with HUD lead-based paint regulations, 24 CFR, part 35, issued pursuant to the Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. 4801, as amended, and the owner shall provide a certification that the dwelling is in accordance with such HUD regulations.

(2) If the property was constructed prior to 1950, the family, upon occupancy, shall have been furnished the notice required by HUD lead-based paint regulations and procedures regarding the hazards of lead-based paint poisoning, the symptoms and treatment of lead poisoning and the precautions to be taken against lead poisoning.

B. Acceptability Criteria. Same as performance requirement.

10. Access.

A. Performance Requirement. The dwelling unit shall be usable and capable of being maintained without unauthorized use of other private properties, and the building shall provide an alternate means of egress in case of fire.

B. Acceptability Criteria. The dwelling unit shall be usable and capable of being maintained without unauthorized use of other private properties. The building shall provide an alternate means of egress in case of fire, such as fire stairs or egress through windows.

11. Site and Neighborhood.

A. Performance Requirement. The site and neighborhood shall be reasonably free from disturbing noises and reverberations and other hazards to the health, safety, and general welfare of the occupants.

B. Acceptability Criteria. The site and neighborhood shall not be subject to serious adverse environmental conditions, natural or human-made, such as dangerous walks, steps, instability, flooding, poor drainage, septic tank backups, sanitary sewage hazards or mudslides; abnormal air pollution, smoke, or dust; excessive noise, vibrations, or vehicular traffic; excessive accumulation of trash; vermin or rodent infestations; or fire hazards.

12. Sanitary Condition.

A. Performance Requirement. The unit and its equipment shall be in sanitary condition.

B. Acceptability Criteria. The unit and its equipment shall be free of vermin and rodent infestation.