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air conditioning required in rentals

B

BSSTG

Gold Member
Joined
Nov 30, 2009
Messages
729
Location
Seadrift, Tx.
Greetings all,

So here we are in the middle of a heat wave. Apartment dwellers complain that their ac doesn't work. To be honest, it really ticks me off that some of the apartment owners don't maintain what they have.

So chapter 6 of the maint. code has requirements for the maintenance of heating equipment. Why not air conditioning? Every year old folks die when they shouldn't.

Now I'm not saying that a building should be required to have air condiitioning. But I do believe if a person rents an apartment that is air conditioned why can't we hold the owner's feet to the fire for keeping them operational. I understand that rental contracts routinely have maint clauses when you rent a house or town home, but not apartements.

I've been told that their are some locales going with minimum requirements for maintenance of air conditioning equipment in buildings that are equipped with it in mutifamily units, however I can't locate any ordinances that deal with it. I would dang sure get it in our ordinance if I knew how. The city attorney has told me he's game for it.

Does anybody know where I could get some help with this topic?

thanks

Byron
 
Don't have a 2009 IPMC at hand, but the 2003 says.........

603.1 Mechanical appliances. All mechanical appliances,

fireplaces, solid fuel-burning appliances, cooking appliances

and water heating appliances shall be properly installed and

maintained in a safeworking condition, and shall be capable of

performing the intended function.

That means to me, that if it is installed, even if not required, then it must be maintained. JMHO
 
The landlord could simply shut them off. The tenants would have the options of negotiating a reduced rent or moving. I suppose that the landlord could be sued for breach of contract but the award would probably be a reduced rent for the remainder of the lease. Lacking a lease or rental contract the tenant is sol. Around here it takes a long time to remove a non-paying tenant, so they may have that option.

I have a garage conversion that I cited and it was the tenant that dropped the dime. Now the tenant has informed the owner that they "know their rights" and will not vacate for the obligatory 3 months of rent free living that's laid out in the law.

"That means to me, that if it is installed, even if not required, then it must be maintained."

Remove the fuses or circuit breaker and store them in place. There's plenty of dead condensers sitting on the original pad.
 
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Some states have added provisions for air conditioning as a statewide amendment to the IPMC. As far as maintaining the equipment, we have interpreted that to mean maintaining only the required appliances. The maintenance code requires heat, running water, hot water, some means to cook food, ventilation, smoke detectors, kitchen sink....the basic essentials to survive. If the range dies they can remove it and supply the tenant with a microwave and comply with the code. If you don't have an amendment requiring conditioned air then under the IPMC all they have to have is operable windows or mechanical ventilation. Virginia also has a landlord/tenant act that establishes some additional rights but this only applies to ten ore more rental units. We tell people to establish an escrot account with the court and pay rent to that account only until they have their day in court if that is appropriate. Good luck.
 
If it's there, it needs to be maintained.. nothing in the ICC requires AC... only heat (which is a challenge to check even here in the summer).
 
Thanks, my point, IPMC says to maintain systems, A/C's not required, so if you aren't going to maintain it, remove it. Or, amend that section...........
 
While a/c isn't required if it is in place it must be functional in our jurisdiction. There is a knafu to this though, if the tenant doesn't have it in their rental agreement or lease we have had owners, landlords and the like completely remove the unit. We have had landlords remove breakers or fuses on the a/c to get tenants to move out for whatever reason but, when the tenant filed a housing complaint we took the landlord to court and they were required to make the equipment funtional.
 
Clarification?

Window unit A/C or central A/C both would be required to be maintained if present in the units?

What about the dishwasher?

pc1
 
Pcinspector1 said:
Clarification?Window unit A/C or central A/C both would be required to be maintained if present in the units?

What about the dishwasher?

pc1
Click to expand...
It would seem reasonable that anything provided should be in working conditions! Most jurisdictions don't require a dishwasher but if it's there it has to be functional. Same with AC or anything else not required, as long as it's installed it needs to be functional.
 
It is not the governments responsibility to ensure an AC unit, or dishwasher, light bulb or anything else is functional. These issues are landlord tenant issues and most states have laws on the books to address them. Usually through the courts not the building department.
 
Let me clarify....again.

IF, you have adopted the IPMC, and IF you have NOT amended it, then YES, if it is installed, the the CODE requires it be maintained in a working condition to perform as designed. That is what the IPMC says.

I'm not saying I agree with it, support it, but it is what the code says.

Maintain it, or remove it.
 
In my opinion, without a maximum temperature within the dwelling unit amendment, making sure it runs is not enough.
 
fatboy said:
Let me clarify....again. IF, you have adopted the IPMC, and IF you have NOT amended it, then YES, if it is installed, the the CODE requires it be maintained in a working condition to perform as designed. That is what the IPMC says.

I'm not saying I agree with it, support it, but it is what the code says.

Maintain it, or remove it.
Click to expand...
Doesn't that only deal with heating apparatuses?
 
TJacobs said:
Yes I did...wish I could award you a prize for trivial knowledge. Guess you will have to settle for the warm glow of achievement!
Click to expand...
I'm so warm and fuzzy now!!! Thanks!
 
603.1 Mechanical appliances. All mechanical appliances,

fireplaces, solid fuel-burning appliances, cooking appliances

and water heating appliances shall be properly installed and

maintained in a safeworking condition, and shall be capable of

performing the intended function.

 
Air conditioning shall function to at least 15 degrees differential between the inside and outside temperature. If the owner pays the electrical bill, the owner shall provide the required electricity.

from our minimum housing standards
 
It looks like the intent though is for heating only. If they meant ALL then why do they specify fireplaces, solid fuel-burning appliances, cooking appliances

and water heating appliances? Why doesn't the code stop at ....

All mechanical appliances shall be properly installed and

maintained in a safeworking condition, and shall be capable of

performing the intended function.

Just sayin.....
 
So you're saying that an A/C compressor is not a "mechanical" appliance? I don't think you can get there. The codes give you typical laundry lists all over, they are not meant to be all-inclusive.

Like I've said, if you adopt the IPMC, just amend the section.

JMHO
 
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