HomeMy WebLinkAboutVoluntary Rental Unit Safety Intitiative_8
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Jason Shrauger, Fire Chief
SUBJECT: Voluntary Rental Unit Safety Initiative. Presentation to commission.
MEETING DATE: August 18, 2014
AGENDA ITEM TYPE: Action
RECOMMENDATION: Listen to presentation, provide staff direction as desired.
BACKGROUND: Bozeman is a growing community. It is well known that as a community begins to grow, the need for affordable and safe rental units will grow as well. This need is compounded as a result of being a town with a university that is also growing.
It has been stated in many arenas that the available rental properties in the Bozeman area are
extremely limited. As a result, anything and everything that can be rented, is getting rented. Unfortunately, in some cases this results in extremely unsafe properties being placed on the market. In conditions such as this, many properties remain filled for many years with little to no
maintenance or upgrades completed. Properties and/or spaces in buildings that never were
intended to be apartments or rental units have been turned into rented spaces. Some properties
that were originally safe when they were built have deteriorated to the point that they no longer are.
The Fire Department routinely sees closets, utility rooms, garages and even porches being rented
to one or more individuals. Most years we receive at least one or two calls from parents of MSU
students who have rented questionable spaces asking for our assistance in resolving the safety issues. This problem is not solely tied to MSU student renters. Although it is a problem across
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the entire renter/tenant demographic in our community, we tend to see more instances with the
younger MSU first or second time renter.
As a result of a fires in rental properties in our community in recent years, one of which resulted in two deaths, it became apparent that the safety issues needed to be addressed. Current Montana
law, and adopted codes and standards, do not allow for mandatory inspections in rental
properties. The way a property gets inspected is when it is originally built, and/or when a
remodel or upgrade occurs that requires a building permit. Many times, work has been done on
properties without the proper permits and resulting inspections. This is where much of the problem has been created. The Fire and Building Departments can do inspections on rental
properties when they receive a complaint and when we are invited into the property by the tenant
or property manager/owner.
The ability to be invited into rental properties is the basis and backbone of the Voluntary Rental Safety Initiative. The City of Bozeman Fire and Building Departments have partnered with the
Neighborhoods Coordinator, Montana State University Residence Life staff, Community Good
Neighbor Committee, property management companies, the Bozeman Chapter of the Montana
Landlords Association and other interested parties to work towards a solution. The ultimate goal
of the program is to improve the base level of life safety in as many properties as possible and avoid a fatal fire event in the future.
The program is based on two concepts; educating the community, both renters and landlords,
about what a safe property looks like, and providing a voluntary inspection program where
properties can be inspected and placed on a list as a safe property for prospective renters to use when choosing rental units.
The purpose of the program is to ensure the health, safety, and welfare of those living in or near
rental housing through the participation of owners, tenants, the City, and the community. This
program is designed to give property owners the benefit of knowing if their rental units meet the minimum safety standards as set forth in the locally adopted building and life safety
codes. Prospective and current tenants will benefit by knowing that their unit has been
voluntarily inspected for safety code compliance. Additionally, ongoing inspections will help to
preserve the quality of Bozeman's neighborhoods and the available rental housing. All properties
that meet the minimum safety standards will receive a “certificate of completion” and be added to the safe rental unit list on the City of Bozeman website as an “Approved” property having
completed the inspection process. This certification will last for three years.
One goal of this program is to educate as many freshman MSU students/parents as possible prior
to them leaving MSU housing and going out into the Bozeman Community. To this end, this past spring, we participated in two Community Living Pilot Seminars on campus. Both of these
functions were designed to educate individuals on best practices for being "good neighbors” Two
sections of each class were focused on finding safe rental units and educating future renters
about the inspections part of this program.
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The inspections program is based on existing fire and life safety codes and requires the
tenant/landlord/renter to request the inspection. The inspection will be scheduled when both
tenant and landlord can be present and focuses on a specific list of items.
Years of fire safety research have proven over and over that being notified of a fire and being
able to quickly exit a structure are both critical to surviving an emergency event. Due to this
knowledge, smoke detectors, exit routes and egress windows are at the top of the list of items
that we will be looking for. We also will be looking at electrical systems, ground fault protection,
gas connections to heating equipment and appliances and general safety items such as locking mechanisms on entry doors, handrails, and other safety railings.
Many items that we find on inspections will be able to be addressed without the need for major
repairs or building permits. Some deficiencies, such as a structure that needs egress windows,
will require building permits to address properly. We understand that some fixes can carry significant financial costs. The purpose of the program is to gradually improve life safety over
time. As a result we will be working with property owners and managers to resolve items as
quickly as possible, yet we understand that financial limitations may slow progress in some
cases.
Once a property has passed its inspection, the property owner will receive a certificate of
completion that states the property has passed inspection. The property will also be placed on the
Bozeman Fire Department Rental Safety Web Page. On this page are helpful safety links and a
listing of all the properties that have been inspected and approved. The inspection and
certification is good for three years.
This program has been reviewed by the City Attorney’s Office. Of greatest concern was how we
would handle issues not part of the checklist. The focus of the program is improving life safety,
so items such as a property legally conforming to use in a particular neighborhood, whether the
building had proper permits when turned into a rental, or other planning and building issues will not be the focus of this program. The City Attorney feels that as long as we are clear about what
we are looking for, and only look for those items on the checklist, then the program will be
successful.
One property management company, Peak Property Management, has taken a proactive approach to this program and has asked all of their property owners to review their properties
using the checklist. One owner has decided to do several thousand dollars worth of ground floor
and second floor egress windows as a result of what they learned with this program.
Upon completion, we will work with this property owner to ensure that the rest of the items on
the checklist look good and proceed to get them a certificate and placed on the list.
Peak Property Management has requested over 100 of their properties be first on the list to be
inspected.
UNRESOLVED ISSUES: Much discussion occurred when this program was initially designed. As a result, we worked directly with the Bozeman Chapter of the Montana Landlords
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Association to make changes to the program. The final product, attached to this commission
memo, reflects many of those changes.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: There are no fees assessed to the citizens to have their property
inspected under this program. If items are found that would require a building permit to
complete the work, then the appropriate permit fees will be charged. The newly approved
Building Life Safety Specialist (Fire Inspector) will partially be focused on this program.
Attachments: Voluntary Rental Unit Safety Inspection Initiative packet
Report compiled on: August 11, 2014
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1. Introduction
CITY OF BOZEMAN
FIRE DEPARTMENT AND BUILDING DIVISION
VOLUNTARY RENTAL UNIT SAFETY INSPECTION
INITIATIVE
The City of Bozeman is establishing a Voluntary Rental Unit Safety Inspection Initiative.
The program is intended to provide prospective renters with information on rental
properties and units that have been voluntarily inspected for health and safety standards
on the basis of accepted community safety guidelines. These inspections will be at no cost
and conducted, in most cases, by the Bozeman Fire Department.
2. Purpose
The purpose of the program is to ensure the health, safety, and welfare of those living in
or near rental housing through the participation of owners, tenants, the City, and the
community.
This program is designed to give property owners the benefit of knowing if their rental
units meet the minimum safety standards as set forth in the locally adopted building and
life safety codes.
Prospective and current tenants will benefit by knowing that their unit has been
voluntarily inspected for safety code compliance.
Additionally, ongoing inspections will help to preserve the quality of Bozeman's
neighborhoods and the available rental housing.
All properties that meet the minimum safety standards will receive a “certificate of
completion” and be added to the safe rental unit list on the City of Bozeman website as an
“Approved” property having completed the inspection process. This certification will last
for three years.
3. Scope
The scope of the inspection program is limited to single family apartments and efficiency
unit rentals located within the Bozeman city limits.
The program does not include motels, hotels, dormitories, bed and breakfasts, vacation
rentals and boarding homes as they currently fall under other code sections already
inspected by the fire and building departments regularly.
Units to be approved must contain all facilities required to be included in a residential
dwelling unit, i.e. kitchen, bathroom, designated sleeping areas, hot and cold potable
water and heating equipment.
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4. Procedure
Inspections:
Inspections must be conducted every three years in order to maintain an "approved"
status on the City of Bozeman safe rental unit list. Property owners/managers and/or
tenants are responsible to call for and schedule the voluntary safety inspections with the
City of Bozeman Fire Department.
No inspections will be conducted unless the owner and/or tenant or a designated
representative (over 18 years old) is present.
Standard:
All inspections will be conducted using the current versions of the locally adopted fire
and life safety and building codes. Using these standards will help to consistently
identify health, life safety, and routine maintenance concerns in existing structures.
Violations:
If safety and health code violations are discovered, property owners will have 30 days to
make repairs.
Other than potentially dangerous health and life safety conditions, correcting the
violations may be done on a voluntary basis.
If the property owner/manager chooses not to complete the voluntary repairs within the
allotted time, the unit will not be added to the list of approved safe rental units.
Potentially dangerous Health and life safety conditions must be corrected
immediately.
Violations subject to mandatory corrections will include; unsafe electrical, unsafe gas
fueled appliances, inadequate means of egress, missing or not working smoke detectors,
inadequate protection from the weather, lack of potable water, lack of adequate heating
system, lack of an approved sewage disposal system and unsafe stairs and safety
railings. In the above cases a Notice of Violation will be issued requesting the item be
addressed immediately.
If the rental unit has not been approved and certified within 30 days from the date the
Notice of Violation was issued the file and application will be closed. In order to resume
the certification process a new application must be submitted for the rental unit.
Note: Extensions to the 30 day re-inspection period may be issued in 15 day increments
by the City of Bozeman Chief Building Official or Fire Marshal.
Certification:
Once a unit or multi-unit building passes inspection a Certificate of Completion will be
issued and the unit will be added to the list of approved safe rental units. This list will be
made available to the public and will be posted on the City of Bozeman web site.
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5. Fees
Inspection Fees
There will be no fee for the Voluntary Rental Unit Safety Inspection Initiative.
Some violations subject to mandatory corrections, that may or may not have resulted in a
Notice of Violation, may have associated building permit fees as part of the resolution
process.
6. Inspection Checklist
The building address and apartment number must be clearly posted to facilitate emergency
response from the fire and police department.
Safe fire or emergency exits leading to a street or other safe location.
Note: Stairs, hallways and exits must be kept clear at all times.
For each sleeping area, emergency exits including an emergency exit path that leads directly to
the exterior of the building, (approved egress window or exterior door) must be provided.
Smoke detectors located inside each sleeping area and areas giving access to sleeping areas.
In addition, smoke detectors shall be located at each landing or level and in the basement.
Note: Carbon Monoxide (CO) detectors are recommended in these locations.
Electrical system, including an electrical panel accessible to each unit, lighting, wiring and
equipment must be in good working order.
Ground Fault Circuit-Interrupter (GFCI) electrical receptacles should be provided in kitchens,
bathrooms and laundry rooms.
Gas connections to appliances in good shape with a shut off valve located at each appliance.
Heating equipment in good working order.
Operable dead bolts or locks on the main entry doors and operable locking or security devices
on windows.
Note: Deadbolts and window locks should be easy to open from inside the apartment without
needing a key or any special knowledge of the locking device.
Floors, stairways and safety railings in good repair.
Natural lighting in all habitable spaces through windows or skylights. Windows in habitable
spaces must be able to be opened at least 50% for ventilation unless there is a mechanical
system that provides fresh, outside air.
7. Please Contact us for More Information
Bozeman Fire Department
P.O. Box 1230 Bozeman, Montanan 59771
Phone: 406-582-2350
Email: info@bozemanfire.com
www.bozemanfire.com
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Acknowledgement
The undersigned voluntarily seeks inspection of the following property for health and
safety standards and acknowledges that such inspection will be conducted with full
knowledge that the City of Bozeman will not review for compliance with, nor is
responsible for enforcement of any code provisions other than those specifically set
forth on the City’s Voluntary Rental Unit Safety Inspection Initiative Inspection
Checklist.
Property Information:
Address of Property to be inspected: ________________________________________
Description of Property: __________________________________________________
______________________________________________________________________
Number of units: _______ Type of Units:_____________________________________
Property Owner/Manager Information:
Property Owner/Manager Name:____________________________________________
Mailing Address: ________________________________________________________
Email: ________________________________Phone Number: ___________________
Tenant Information:
Name: ____________________________ Phone Number: ______________________
Email:_____________________________
CITY OF BOZEMAN
FIRE DEPARTMENT AND BUILDING DIVISION
VOLUNTARY RENTAL UNIT SAFETY INSPECTION
INITIATIVE
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For Department use below this line only.
Voluntary Rental Inspection Number _____________ Date Requested:___________
Property Owner/ Manager Notified of inspection request? Y / N
Date/Time Owner /Manager Notified :_______________
Tenant notified of inspection request? Y / N / Requester
Date/Time Tenant Notified :___________
Date of Inspection: _________ Inspector: ____________________________
Inspection Passed? Yes/No
Date of Re-inspection: _______ Re-Inspector:_________________________
Re-inspection Passed: Yes/No
Certificate Issued and Mailed to Property Owner: Yes/No
Property Placed on Web Site: Yes/No
Notes _________________________________________________________________
______________________________________________________________________
______________________________________________________________________
_____________________________ ____________________________
Approval Date Inspector Signature
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Certificate of Completion
Rental Unit Health and Safety Inspection
CITY OF BOZEMAN
FIRE DEPARTMENT AND BUILDING DIVISION
VOLUNTARY RENTAL UNIT SAFETY INSPECTION INITIATIVE
Voluntary Rental Inspection Number:
Property Address:
Unit Number(s):
Inspection Date:
Certificate Expiration Date:
__________________________________________
The City of Bozeman accepts no responsibility for the safety or any other condition of the property listed. The City of Bozeman expressly
disclaims giving any guarantees, warranties or any other representation that the property is safe or recommended, or that the property is in
compliance with all other applicable codes. The City does not recommend to students or others any rental properties. Students and others
must make their own individual and personal choices with regard to the selection of living accommodations. This Approved Safe Rental Unit
Certificate only indicates that the rental property listed has met the minimum Community Safety Guidelines and has been inspected through
the Voluntary Rental Unit Safety Inspection Initiative.
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Page 1 of 1
List of Approved Safe Rental units
CITY OF BOZEMAN
FIRE DEPARTMENT AND BUILDING DIVISION
VOLUNTARY RENTAL UNIT SAFETY INSPECTION
INITIATIVE
The City of Bozeman accepts no responsibility for the safety or any other condition of the properties listed. The City of
Bozeman expressly disclaims giving any guarantees, warrantees or any other representation that the properties are
safe or recommended. The City does not recommend to students or others any rental properties. Students and others
must make their own individual and personal choices with regard to the selection of living accommodations. This list
of Approved Safe Rental Units only indicates that the rental properties listed below have met the minimum
Community Safety Guidelines and have been inspected through the Voluntary Rental Unit Safety Inspection Initiative.
1. Acme Rental Units‐ Approved 10/25/12
(Commercial Apt Building)
20 E Olive St
Bozeman, MT 59715
406‐582‐2375
2. ABC Apartments ‐ Approved 10/26/12
(1 bdrm basement apt)
121 North Rouse
Bozeman, MT 59715
406‐582‐2375
3. XYZ Condos ‐ Approved 10/27/12
(Single family dwelling‐ duplex)
12345 Peach Street
Bozeman, MT 59715
406‐582‐2375
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The purpose of the program is to ensure the health, safety, and welfare of those living in or near rental housing through the participation of owners, tenants, the city, and the community. This program is designed to give property owners the benefit of knowing if their rental units meet the minimum safety standards as set forth in the locally adopted building and life safety codes. Prospective and current tenants will benefit by knowing that their unit has been voluntarily inspected for safety code compliance. Additionally, ongoing inspections will help to preserve the quality of Bozeman's neighborhoods and the available rental housing. All properties that meet the minimum safety standards will receive a “certificate of completion” and be added to the safe rental unit list on the City of Bozeman website as an “Approved” property having completed the inspection process. This certification will last for three years. The scope of the inspection program will be limited to single family apartments and efficiency unit rentals located within the Bozeman City Limits. Inspections must be conducted every three years in order to maintain an "approved" status on the City Of Bozeman Safe Rental Unit List. Property owners/managers and/or tenants are responsible to call for and schedule the voluntary safety inspections with the City of Bozeman Fire Department. City of Bozeman Voluntary Rental Unit Safety Inspection Initiative The City of Bozeman has established a Voluntary Rental Unit Safety Inspection Initiative. The program is intended to provide prospective renters with information on rental properties and units that have been voluntarily inspected for health and safety standards on the basis of accepted community safety guidelines. To register for the program and arrange an inspection, please contact the City of Bozeman Fire Department at 406‐582‐2350 Smoke Detector Requirements 83
Inspection Checklist The building address and apartment number must be clearly posted to facilitate emergency response from the fire and police department. Safe fire or emergency exits leading to a street or other safe location. o Note: Stairs, hallways and exits must be kept clear at all times. For each sleeping area, emergency exits including an emergency exit path that leads directly to the exterior of the building, (approved egress window or exterior door) must be provided. Smoke detectors located inside each sleeping area and areas giving access to sleeping areas. In addition, smoke detectors shall be located at each landing or level and in the basement. Note: Carbon Monoxide (CO) detectors are recommended in these locations. Electrical system, including an electrical panel accessible to each unit, lighting, wiring and equipment must be in good working order. Ground Fault Circuit‐Interrupter (GFCI) electrical receptacles should be provided in kitchens, bathrooms and laundry rooms. Gas connections to appliances in good shape with a shut off valve located at each appliance. Heating equipment in good working order. Inspection Checklist Continued Operable dead bolts or locks on the main entry doors and operable locking or security devices on windows. Note: Deadbolts and window locks should be easy to open from inside the apartment without needing a key or any special knowledge of the locking device. Floors, stairways and safety railings in good repair. Natural lighting in all habitable spaces through windows or skylights. Windows in habitable spaces must be able to be opened at least 50% for ventilation unless there is a mechanical system that provides fresh, outside air. Inspection Fees ‐ There will be no fee for the Voluntary Rental Unit Safety Inspection Initiative. Some violations subject to mandatory corrections, that may or may not have resulted in a Notice of Violation, may have associated building permit fees as part of the resolution process. All inspections will be conducted using the current versions of the locally adopted fire and life safety codes. Using these standards will help to consistently identify health, life safety, and routine maintenance concerns in existing structures. If safety and health violations of the code are discovered, property owners will have 30 days to make repairs. Other than potentially dangerous health and life safety conditions, correcting the violations may be done on a voluntary basis. Potentially dangerous Health and life safety conditions must be corrected immediately. Violations subject to mandatory corrections will include; unsafe electrical, unsafe gas fueled appliances, inadequate means of egress, missing or not working smoke detectors, inadequate protection from the weather, lack of potable water, lack of adequate heating system, lack of an approved sewage disposal system and unsafe stairs and safety railings. In the above cases a Notice of Violation will be issued requesting the item be addressed immediately. If the property owner/manager chooses to not complete the voluntary repairs within the allotted time, the unit will not be added to the list of approved safe rental units. 84