Standards of occupancy and maintenance of dwellings

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  • (a) After May 1, 1964, except as provided for in section 331(b)(2), (b)(3) and (b)(6) of this title, no person shall occupy as an owner or rent to another any building or part thereof for the purpose of living, sleeping, or cooking therein which does not comply in its design and construction with the provisions of the Virgin Islands Building Code or with the following provisions of this chapter.

  • (b) Minimum standards for health and sanitation

    • (1) Each dwelling unit shall contain a plumbing system as required by the Building Code. The owner shall be responsible for the care and maintenance of this system and will make no changes in the design of the system or the arrangements of the rooms that will prevent the required plumbing facilities from being accessible to all the occupants of the premises or affect the privacy afforded the user.

    • (2) Each dwelling unit shall contain at least a kitchen sink, lavatory, water closet, and tub or shower. These required plumbing fixtures shall be located within the dwelling unit and be accessible to all occupants of same. The water closet and tub or shower shall be located to afford privacy to the user.

    • (3) Each rooming house shall contain and the owner shall maintain in good order and repair at least one lavatory, one water closet, and one tub or shower for each five (5) rooms or ten (10) occupants of the rooming house. These required plumbing fixtures shall be located within the rooming house and shall be accessible to all the occupants of each rooming unit without requiring passage through a rooming unit or requiring passage outside the building, and shall be located to afford privacy to the user.

    • (4) Every foundation wall, exterior wall, and roof shall be maintained by the owner weathertight, in good repair, and capable of supporting required design loads.

    • (5) Every floor, interior wall, and ceiling shall be maintained by the owner, in good repair, and capable of supporting required design loads.

    • (6) Every window and exterior door shall be maintained by the owner, weathertight, and in good working order and repair.

    • (7) Every stair, porch and other appurtenance shall be maintained by the owner in good repair and capable of supporting required designed loads.

    • (8) Every bathroom floor and water closet compartment floor shall be so maintained by the owner as to be impervious to water and to permit the floor to be easily kept in a clean condition.

    • (9) Roofs, gutters, spouting and pipes to cisterns shall be maintained by the owner tight and clean. All openings shall be kept screened. The pump and piping system shall be maintained in good working order.

    • (10) Every owner of a dwelling or rooming house containing two or more dwelling or rooming units shall maintain the shared or public areas of the premises in a clean, safe and sanitary condition.

    • (11) Every occupant of a dwelling, dwelling unit, or rooming unit shall maintain that part of the dwelling, dwelling unit or rooming unit which he occupies or controls in a clean, safe and sanitary condition.

    • (12) Every occupant of a dwelling, dwelling unit, or rooming unit shall dispose of all his garbage in a clean and sanitary manner in accordance with the rules and regulations issued by the Commissioner of Public Works. In all cases the owners shall be responsible for providing garbage storage containers.

    • (13) Every occupant of a dwelling or dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.

  • (c) Minimum standards for light and ventilation

    • (1) All lighting fixtures, receptacles, equipment, and wiring shall be installed as required by the Building Code and maintained in a safe, operable condition by the owner.

    • (2) Every public hall and stairway in multiple dwelling units and in rooming houses shall be adequately lighted at all times.

    • (3) Each habitable room shall have at least one window or skylight facing directly on the outdoors. The minimum total window or skylight area in each such room shall be 15 percent of the floor area of the room. Where a light-obstructing wall or other structure faces a window of any such room and is located within five (5) feet of the window and extends to a level above the ceiling of the room, such a window shall not be included as contributing to the required window area.

    • (4) Every habitable room shall have at least one window or skylight which can be easily opened or such other device as will adequately ventilate the room. The total window opening or skylight area shall equal at least 8 percent of the floor area of the room. If mechanical ventilation is provided, the system shall furnish at least one cubic foot of fresh air per minute per square foot of floor area.

    • (5) Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms except that the total minimum window or skylight area in each such room shall not be less than 10 percent of the floor area of the room, and except that artificial light and mechanical ventilation may be substituted for windows and skylights. Mechanical ventilation shall be such as to provide 24 cubic feet per minute air change and such system shall be wired to operate in parallel with the light switch.

  • (d) Minimum standards for dwelling and room space per occupant

    • (1) Every dwelling unit shall have at least 150 square feet of habitable floor area (not including kitchens, kitchenettes, bathrooms, water closet compartments, closets, halls or foyers) for the first occupant, at least 100 square feet of additional habitable floor area for each of the next three occupants and at least 75 square feet of additional habitable floor area for each additional occupant.

    • (2) Every room in a dwelling unit and rooming unit occupied or intended to be occupied for sleeping purposes by one occupant shall contain at least 80 square feet of floor area, and every room occupied or intended to be occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under 12 years of age. All habitable rooms shall have a minimum clear ceiling height of eight feet.

    • (3) Because overcrowding is unhealthy and it is one of the factors that lead to rapid blight and deterioration of habitable dwellings, a dwelling shall be deemed to be overcrowded and therefore occupied, used, and rented in violation of this Housing Code if the number of persons sleeping in the dwelling unit or rooming unit is, in relation to the number and floor area of the rooms, in excess of the permitted number of persons as defined in paragraphs (1) and (2) above.


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