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Interior Property Maintenance Code Approved by Council

Kent State supports adoption of code spelling out interior building, safety standard requirements

Property owners in Kent — whether of rentals or owner-occupied houses — will soon have a new set of rules to follow for interior building and safety standards.

voted Wednesday night to adopt the interior code section of the International Code Council's International Property Maintenance Code. The code "provides requirements for continued use and maintenance of plumbing, mechanical, electrical and fire protection systems in existing residential ... structures," according to the ICC website.

Bridget Susel, acting director of the , said the city has no laws or regulations to force landlords to make repairs if a house has interior problems that make unfit for habitation, such as a leaking roof, faulty plumbing or failing appliances.

"Instead of viewing this as … a heavy handed invastion of personal liberties, it really is nothing more than securing safe property," Susel said. "The perception is that if this code is adopted, we will be able to go into a house and cite without cause. Civil liberties (are) not going to be suspended under this. We still have to be invited in."

Susel was among several city department heads who testified before council Wednesday about the code, including the heads of the health, building and fire departments.

Robert Nitzsche, Kent's chief building official, told council members that he commonly sees life-threatening issues inside houses but can't cite the owner because Kent has no code to cite them under.

"When I send somebody out or I myself go out, I am hamstringed," Nitzsche said. "There are certain things I can’t do."

Recently, the city adopted the exterior portion of the ICC property maintenance code, but at the time council members voted not to adopt the interior section.

Through the health department, Kent licenses multi-use residential structures that have two or more unrelated people living in them. Under the licensing program, health officials conduct annual inspections based on the city's environmental health and housing maintenance code.

But Kent Health Commissioner Jeff Niestadt said the license inspection only addresses basic health and safety standards.

"Which is in my opinion very minimum standards," he said. "We’re talking light switches, tiles, pipes not dripping when you run the water. We’re not really addressing the structural integrity of the houses."

Nitzsche said those inspections typically won't catch building issues such as an improperly installed hot water tank or furnace, either of which could lead to serious safety problems.

"You have to remember, the health department are santiarians," Nitzsche said. "They have a different outlook than we do."

Susel gave one example of a house that was condemned by the city after the five tenants, some of whom are students at , called to complain that their landlord was not fixing problems in the house.

She said the house, at 305 University Drive, had been improperly excavated around the foundation without filing for a permit with the city. The excavation left the main gas line into the house and the gas meter hanging in mid air. Building officials found improperly installed gas lines, collapsed ceilings, a non-functioning smoke detector and an improperly wired fuse box.

Chris Binkley, one of the students who lived in the house, said they gave the landlord a list of problems they identified when they first moved in that included leaking ceilings.

"He assured us it would be taken care of within a month," he said. “Nothing was ever fixed. We actually couldn’t be in one of the bedrooms and the living room during or after storms because the water would leak through."

Eventually, Binkley and his roommates were evicted by the landlord in November after trying to withhold their rent to force the repairs.

The house was licensed in 2011 with the health department by Vincent DeGeorge, according to health department records. The property is owned by A & H Investments Join Venture LLC, according to Portage County Auditor's Office online records. The owner has a Sagamore Hills address.

Greg Jarvie, vice president for enrollment management at Kent State, said such cases are why the university supported adoption of the interior maintenance code.

"I know this can be an enforcement issue," Jarvie said. "If there’s anything we can do to help we’ll be more than happy to assist in any way we can.”

Councilman Wayne Wilson cast the only vote against adopting the code in Wednesday's committee meeting. The issue will return to council later this month for a final vote.

The code would apply to both rental properties and owner-occupied houses.

Councilman Jack Amrhein said landlords have a responsibility to provide safe housing for their tenants.

"If someone feels that some civil rights are being violated because they don’t want (inspectors) entering their property, what about a renter’s civil rights to live in a safe dwelling," Amrhein said.

G Myers March 08, 2012 at 07:08 PM
Thank you for writing the whole story Mr. Fredmonsky! When my father and I read the completely biased report that was on the front page of the Record Courier, we were led to believe that the new regulations were to be only for landlords in the City of Kent, not that everyone would be included. Shame on you Kyle McDonald for a horribly slanted article! As for the student you quoted in your article, my questions to that student are "why did you continue living there after the first month? Did you ever call the city? or the department of health? did you attempt to find other housing instead of living in unsafe conditions? did you stay there because the rent was low?" This article is just an awful example of "sensational journalism" instead of factual reporting of who falls under the scope of the new code. And lastly, shame on the editor for allowing this article to be printed!
Matt Fredmonsky March 08, 2012 at 10:45 PM
You're welcome. Last night, council briefly (I emphasize the word "briefly") discussed the idea of limiting enforcement of the interior code to rental properties only. But council members decided that would be unfair, so the code as it was discussed last night would apply to rental and owner-occupied properties. As for the student who testified, they kept trying to work it out with their landlord before they finally called the city to get involved.
Kasha Legeza March 09, 2012 at 06:12 AM
I'm really happy city officials are pursuing this ... I've heard many rental horror stories over the years. I'm not surprised no one is complaining about this because who can say they're opposed to safe, decent housing?
Sonia Gwynes March 09, 2012 at 03:34 PM
Matt, thank you for publishing this article. The Record Courier's front page article was incomplete and reading it lead me to believe only rentals would be affected. Thank you.
Chris (Kit) Myers March 09, 2012 at 08:38 PM
I think it needs to be read before people jump on the bandwagon. I understand it's available at Wal-Mart. I will pick up a copy. Students need to make sure that houses are licensed before renting. KSU's Mr. Jarvie apparently has never heard any of the "horror stories" about kids waiting weeks before things are repaired in their dorm rooms.
Matt Fredmonsky March 09, 2012 at 09:44 PM
I did not quote Mr. Jarvie extensively, but he told council he's heard the same horror stories over and over, hence his support for adopting the code.
Chris (Kit) Myers March 10, 2012 at 02:08 PM
Matt, do you know whether or not the City will be required to advise the property owner of an alleged problem prior to sending an authority to the residence? Would dorm residents with "horror stories" fall under the health and safety umbrella?
Sonia Gwynes March 10, 2012 at 03:52 PM
Chris, this is all I could find in the proposed code. Under CHAPTER 1403 DUTIES AND POWERS: "The Community Development Director, shall have the authority as necessary in the interest of the public health, safety and welfare, to adopt and promulgate rules and procedures relative to enforcement; to interpret and implement the provisions of this code; to secure the intent thereof; and to modify applicable requirements due to the local climate or other unusual conditions. Such rules shall not have the effect of waiving any requirement of this ordinance or of compromising public safety." "The Code Official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Code Official is authorized to pursue recourse as provided by law. (a.) Identification - The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code." Here's the link to the whole ball of wax: http://www.kentohio.org/dep/KENTIPMC2006.pdf
Chris (Kit) Myers March 10, 2012 at 11:11 PM
Thanks, Sonia. As I read the patch article, it seems that a tenant or even the child of a homeowner can invite the inspector in after he/she alleges to the city that there is a dwelling problem that falls under the code. This appears contrary to the notification section of what's in the link you sent me. The International Code has been updated since 2006. I found it by Yahooing: Text of International Building Maintenance Code and opening the site publiccodes.citation.com. Go to the KSU Chorale spring concert this Sunday at 4:00 at the Presbyterian Church. Only ten bucks. A deal!
Matt Fredmonsky March 12, 2012 at 08:54 PM
If you click on the link in the article it will take you to the latest version, which is dated 2012, of the ICC code. But I believe you have to buy a copy to get the full version.
Sonia Gwynes March 12, 2012 at 11:09 PM
Matt, thank you again.
Chris (Kit) Myers March 12, 2012 at 11:39 PM
Thanks, Matt. You and the Kent Stater are the best media in Kent. The R-C has, unless I have missed it, failed to state that the proposed legislation also applies to private homes. I have lived in Kent since 1936 and am all for decent housing for everybody. It is my town. There are landlords everywhere that are only interested in signing a lease and collecting the rent, and, being a landlord myself, I hold them in great disdain. But I am NOT in favor of legislation driven by unverified heresay or "horror stories." There are two sides to every story. The bottom line is, don't sign a lease for a house that has obvious long-standing problems. If nobody did, the owner would soon go out of business. I wish I were in a position to advise students what to look for, but I doubt if the university would let me on campus to do so. I sneak into the music and speech building to attend recitals and concerts! There is a concert in the recital hall (Ludwig Auditorium) this Friday at 3:00. The music students are magnificent. Just thought I'd pass this along to those who are unaware of some of the cultural opportunities available free to the public at Kent State. Chris
Matt Fredmonsky March 12, 2012 at 11:54 PM
Chris, I believe you're right on several counts, my two favorite being: the magnificent quality of Kent State's music students; and the "advice" students should take before signing a lease.
Fred Garvin May 23, 2012 at 01:08 PM
This it how it starts, more goverment control over us. First people have to INVITE the authorities in, then a few years later they gradually change the law to mandate inspections of all properties. Eventually they will be inspecting ALL properties under the guise of "It's all for the public's safety". Just another way to increase the flow of money to the government and less freedom for the people.

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