§ 45-24.3-10 - General requirements relating to the safe and sanitary construction and maintenance of parts of dwellings and dwelling units.
SECTION 45-24.3-10
§ 45-24.3-10 General requirements relatingto the safe and sanitary construction and maintenance of parts of dwellings anddwelling units. – No person shall occupy, as owner or occupant, or let to another for occupancy,any dwelling or dwelling unit, for the purpose of living, which does not complywith the following requirements:
(1) Every foundation, floor, roof, ceiling, and exterior andinterior wall must be reasonably weathertight, watertight, and damp free, andshall be kept in sound condition and good repair. Floors, interior walls, andceilings must be sound and in good repair. All exterior wood surfaces, otherthan decay resistant woods, must be protected from the elements and decay bypaint or other protective covering or treatment. Potentially hazardousmaterials will not be used where readily accessible to children. Walls must becapable of affording privacy for the occupants. Every premise must be graded,drained, free of standing water, and maintained in a clean, sanitary, and safecondition.
(2) Potentially hazardous material on the interior surfacesof any dwelling unit, rooming house, rooming unit, or facility occupied bychildren is prohibited. The interior surfaces include, but are not limited to,window sills, window frames, doors, door frames, walls, ceilings, stair-railsand spindles, or other appurtenances.
(3) Lead-based substances are prohibited whenevercircumstances present a clear and significant health risk to the occupants ofthe property, as defined by regulations of the department of health.
Where required because of the tenancy of an at-risk occupant,lead hazards must be mitigated as provided for in chapter 128.1 of title 42 orabated pursuant to chapter 24.6 of title 23.
(4) In each instance where there is reason to believe thatlead-based substances are present, the enforcing officer shall either ascertainwhether the lead hazard mitigation standard has been met, or confirm whethersuspect substances are lead-based by arranging for a comprehensiveenvironmental lead inspection which conforms to department of healthregulations.
(5) In all instances where either compliance with mitigationstandards cannot be confirmed by the enforcement officer by review ofcertifications for the same or where substances are confirmed to be lead-basedby an environmental lead inspection, and there exists a lead exposure hazard,the enforcing officer shall identify necessary lead hazard reductions that mustbe taken pursuant to department of health regulations.
(6) In all instances where lead-based substances areidentified on a dwelling, a dwelling unit, or premises occupied by a childsuffering from "lead poisoning", as defined in the Rhode Island Lead PoisoningPrevention Act, §§ 23-24.6-1 through 23-24.6-26, the enforcingofficer shall consider these instances under "emergencies", pursuant to §45-24.3-21.
(7) During the portion of the year when there is a need forprotection against mosquitoes, flies, and other flying insects, every door,opening directly from a dwelling unit to outside space, must have suppliedproperly fitting screens having at least sixteen (16) mesh and a self closingdevice; and every window, door, or other device with openings to outdoor space,used or intended to be used for ventilation, must be supplied with screens.
(8) Every window located at or near ground level, used orintended to be used for ventilation, and every other opening located at or nearground level which might provide an entry for rodents, must be supplied withadequate screens or other devices that will effectively prevent their entrance.
(9) Every dwelling or accessory structure and the premisesupon which they are located shall be rodent-proofed and maintained to preventrodents' harborage.
(10) All openings in the exterior walls, foundations,basement, ground or first floors, and roofs which have a half-inch ( 1/2")diameter or more opening shall be rat-proofed in an approved manner if they arewithin forty-eight inches (48") of the existing exterior ground levelimmediately below those openings, or if they may be reached by rats from theground by climbing unguarded pipes, wires, cornices, stairs, roofs, and otheritems as trees or vines or by burrowing.
(11) Skirting, lattice, or other non-rat-proofed enclosuresdisplaying evidence of rat harborage under a porch or any portions of abuilding must be rat-proofed at all locations where evidence of burrowing orgnawing was found.
(12) In the event that occupancy usages would result instacking or piling materials, the materials be arranged to prohibit thecreation of a harborage area. This can be accomplished by orderly stacking andelevating so that there is a twelve inch (12") opening between the material andthe ground level. No stacking or piling of material shall take place againstthe exterior walls of the structure.
(13) All doors, including swinging, sliding, and foldingtypes, must be constructed so that the space between the lower edge of the doorand the threshold does not exceed three-eighths inch ( 3/8"); provided,further, that the space between sections of folding and sliding doors whenclosed does not exceed three-eighths inch ( 3/8").
(14) Basement floors and/or the floors and areas in contactwith the soil, and located at a maximum depth of four feet (4') or less fromthe grade line, must be paved with concrete or other rat impervious material.
(15) Any materials used for rodent control must be acceptableto the appropriate authority.
(16) All fences provided by the owner or agent on thepremises, and/or all fences erected or caused to be erected by an occupant,shall be constructed of manufactured metal fencing material, wood, masonry, orother inert material. These fences must be maintained in good condition. Woodmaterials shall be protected against decay by use of paint or otherpreservative. The permissible height and other characteristics of all fencesmust conform to the appropriate statutes, ordinances, and regulations of thisstate, and the corporate unit. Wherever any egress from the dwelling opens intothe fenced area, there must be a means of egress from the premises to anypublic way adjacent to it.
(17) Accessory structures present or provided by the owner,agency, or tenant occupant on the premises must be structurally sound, andmaintained in good repair and free from insects and rodents, or the structureshall be removed from the premises. The exterior of the structures shall bemade weather resistant through the use of decay-resistant materials or the useof paint or other preservatives.
(18) Every plumbing fixture and all water and waste pipesmust be properly installed and maintained in good working condition.
(19) No owner, operator, or occupant shall cause any service,facility, equipment, or utility, required under this chapter, to be removedfrom, or shut off from, or discontinued for any occupied dwelling or dwellingunit let or occupied by him or her, except for a temporary interruption thatmay be necessary while actual repairs or alterations are in process, or duringtemporary emergencies when discontinuance of service is approved by theappropriate authority.
(20) All construction and materials, ways and means ofegress, and all installation and use of equipment must conform to applicablestate and local laws dealing with fire protection.