§ 8-35. Requirements for risk rating 4 multi-family dwelling communities.

(a)

An owner, manager, or lienholder of a multi-family dwelling community as of July 1, 2009, which receives a risk rating of 4 as a result of any inspection on or after July 1, 2009, shall be required to:

(1)

Install a heat detection system; and

(2)

Improve its risk rating to 3 or better within twelve (12) months of the date of the inspection that resulted in the risk rating of 4.

(b)

If an owner, manager, or lienholder described in subsection (a) herein fails to comply with said requirements in subsection (a), the building official shall revoke the certificate of occupancy for failure to meet the minimum standards set forth in this chapter. An owner, manager, or lienholder may appeal the revocation to the construction board of appeals. Certificate of occupancy appeals shall be handled in accordance with the provisions set forth in Section 112 of the 2003 International Building Code with the exception that the appeal shall be in writing, filed with the building official within seven (7) calendar days of such revocation.

(c)

An owner who purchases property after July 1, 2009, and applies for a certificate of occupancy for a multi-family dwelling community which has a current risk rating of 4, may be issued a temporary certificate of occupancy and shall be required to do the following within six (6) months of the application to obtain a certificate of occupancy:

(1)

Install a heat detection system; and

(2)

Improve the risk rating to 3 or better.

(d)

Only one (1) owner per multi-family dwelling community per rolling twelve-month period may take advantage of the provisions of subsection (b) or (c). If such an owner fails to comply with the requirements of subsection (b) or (c), whichever is applicable, the building official shall automatically revoke the temporary certificate of occupancy for failure to meet the minimum housing standards set forth in this chapter.

(e)

If a multi-family dwelling community receives a risk rating of 4, subsequent upgrades that improve the multi-family dwelling community's risk rating shall not relieve the owner, manager, and lienholder from the requirement of installing a heat detection system. The installation of a heat detection system shall not establish the basis for which a multi-family dwelling community may be maintained with a risk rating of 4. It shall be a violation of this chapter to maintain a multi-family dwelling community at a risk rating of 4 other than temporarily as set forth herein.

(f)

Ownership changes of a multi-family dwelling community shall not extend any requirement deadlines set forth in this chapter, except as specifically provided herein.

(Ord. No. 2008-9000, § 2, 10-2-08)