HomeMy WebLinkAbout23. 17-552NOVEMBER 14, 2017 17-552 ORDINANCE
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PURPOSE: AMEND CHAPTER 16 HOUSING CODE OF THE MUNICIPAL
CODE TO CREATE SECTION 16-33(A)(10) PERTAINING TO
CARBON MONOXIDE DETECTORS AND SECTION 16-46(B)
PERTAINING TO CARBON MONOXIDE DETECTORS
PENALTIES
INITIATED BY: COMMUNITY DEVELOPMENT
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING CHAPTER 16
HOUSING ORDINANCE TO CREATE SECTION 16-33(A)(10) PERTAINING TO
CARBON MONOXIDE DETECTORS AND SECTION 16-46(B) PERTAINING TO
CARBON MONOXIDE DETECTORS PENALTIES
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 16-33(A) minimum standards for equipment facilities
for housing is hereby amended to create subparagraph (10) to read as follows.
(10) Carbon Monoxide Detectors
(a) 1 & 2 Family — Dwelling units in single and two-family dwellings, vacant or
occupied, subject to the provisions of this Article shall be equipped with
approved, listed and labeled carbon monoxide detectors in accordance with
Section 101.647 of the Wisconsin Administrative Code, as may be amended
from time to time.
(b) Multi -family - Dwelling units in multi -family dwellings, vacant or occupied,
subject to the provisions of this Article shall be equipped with approved,
listed and labeled carbon monoxide detectors in accordance with Section
101.149(1) to (5) of the Wisconsin Administrative Code, as may be amended
from time to time.
NOVEMBER 14, 2017 17-552 ORDINANCE
FIRST READING CONT'D
SECTION 2. That Section 16-46 Penalties is hereby amended to create
subparagraph (B) to read as follows.
(B) Carbon Monoxide Detectors. Notwithstanding the foregoing, any person
convicted of violating Section 16-33(A)(10)(a) or 16-33(A)(10)(b) shall forfeit not
less than One Hundred Fifty dollars ($150.00) for the first offense and not less
than Three Hundred Dollars ($300.00) for the second or subsequent offense
within 12 months of conviction, and not more than Five Hundred Dollars
($500.00), together with the costs of prosecution, and in default of payment
thereof, by imprisonment in the County Jail for a period not to exceed sixty (60)
days. Each day of violation shall constitute a separate and distinct offense.
SECTION 3. This ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 4. Publication Notice. Please take notice that the City of Oshkosh
enacted ordinance #17 -XX AMEND CHAPTER 16 HOUSING CODE OF THE
MUNICIPAL CODE TO CREATE SECTION 16-33(A)(10) PERTAINING TO CARBON
MONOXIDE DETECTORS AND SECTION 16-46(B) PERTAINING TO CARBON
MONOXIDE DETECTORS PENALTIES on November 28, 2017. The Ordinance is being
amended to include carbon monoxide detectors and penalties for not having carbon
monoxide detectors in the minimum housing code. The full text of the ordinance may be
obtained at the Office of the City Clerk, 215 Church Avenue and through the City's
website at www.ci.oshkosh.wi.us. Clerk's phone: 920-236-5011.
TO: Honorable Mayor and Members of the Common Council
FROM: John Zarate, Chief Building Official
DATE: October 9, 2017
RE: Amend Chapter 16 Housing Code of the Municipal Code to Create Section 16-33(A)(10)
Pertaining to Carbon Monoxide Detectors and Section 16-46(B) Pertaining to Carbon
Monoxide Detectors Penalties
BACKGROUND
The City of Oshkosh Minimum Housing Code currently does not incorporate any code requirements for
the installation of carbon monoxide detectors. The State of Wisconsin created statutory language
requiring the installation of carbon monoxide detectors with effective dates in 2010 for multi -unit
commercial structures and in 2011 for one and two family dwellings. City staff brought this issue to the
attention of the Rental Housing Advisory Board and upon discussion, the Rental Housing Advisory
Board is recommending the CO Ordinance update.
ANALYSIS
While the Inspection Services Division does issue code violation notices for violations of the State Statutes
as they relate to carbon monoxide detectors in rental units, without incorporating the State Statutes by
reference into the City Minimum Housing Code, enforcement options are limited. In cases where forced
compliance is necessary, the Inspection services Division does not have citation capability. Any penalties
would have to follow the State Statute and would fall under the authority of the Department of Safety
and Professional Services or the Department of Agriculture, Trade and Consumer Protection. By
incorporating the statutory language into the City of Oshkosh Minimum Housing Code, the Inspection
Services Division would have greater ability to ensure compliance and help to protect the safety of renters
in the City of Oshkosh.
FISCAL IMPACT
There would be no fiscal impact to the City budget as a result of passage.
RECOMMENDATION
Staff recommends that City Council approves the amendment to the Minimum Housing Code.
Respectfully Submitted, Approved:
J Zarate, Chief Building Official Mark A. Rohloff, City Manager