Box 1, Folder 2, Document 35

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Box 1, Folder 2, Document 35

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ENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, D.C, 20410

ADVANCE NOTICE OF ReVISED CODE REQUIREMENTS FOR A
NORKABLE PROGRAM FOR COMMUNITY [IMPROVEMENT

Section 301(a) of the Housing Act of 1964 amended Section 101(c) of
the Housing Act of 1949 to require that, effective September 2, 1967, "....
no workable program shall be certified or recertified unless (A) the locality
hes had in ed for at least six months prior to such certification or
ertifi ation, a minimum standards housing code, related but not limited to
ith, sanitation, and occupancy requirements, thich is deemed adequate by
the Secretary, and (B) the Secretary is satisfied that the locality is carry-
ing out an effective program of enforcement to achieve compliance with such

housing code,"

This Guidelines providesadvance notice of revised requirements for
local code adoption and enforcement under Section 101(c) as amended. In
addition, it sets forth an interim set of standards effective March 2, 1967.
These interim standards are being established to provide an orderly and
equitable transition from the present code requirements of the Workable
Frogram to those effective on September 2, 1967,

Any community which does not now meet the revised requirements should
understand the minimum standards for approval and their effective dates, under
both the interim standards and those required under the amended Section 101(c),

While Section 30l(a) of the 1964 Act cites only a requirement for the
adoption and enforcement of a housing code; building, plumbing, electrical and
fire prevention codes are equally pertinent to the intended purposes of this
Section, Under the language of Section 101(a) of the Housing Act of 1949, as
amended, which cites ",,.. the adoption, modernization, administration and
enforcement of housing, zoning, building and other local laws, codes and
regulations,...." as a major element in the development of "....positive
programs ,.. for preventing the spread or recurrence in the community of slums
and blighted areas, ... encouraging housing cost reductions ... and the elimi-
nation of restrictive practices which unnecessarily increase housing costs";
and under the general authority of Section 101l(c), the adoption and enforcement,
in concert, of all five ‘basic codes has heretofore been a part of Workable
Program policy. Therefore, the requirements with respect to_the adoption and
enforcement of the housing code will apply also to the adoption and enforcement
of building, plumbing, electrical, and fire prevention codes. ;

INTERIM STANDARDS FOR CODES AND ORDINANCES ELEMENT .®

In anticipation of the September 2, 1967, effective date of the amend-
ment, at which time adequate codes must have been in effect for at least 6
months, and in order to provide for an order nd equitable transition from
the present code adoption and code enforcement requirements under the Workable
Yrogram, applicable present requirements are revised as follows, effective

March. 2, 1967:

For initial certification. Application for initial certifica-
tion of a Workable Program will not be accepted for processing
by HUD Regional Offices unless the locality (1) has in effect,
building, plumbing, electrical, housing, and fire prevention
codes deemed adequate by the Secretary, and (2) is enforcing
(or commits itself to enforce without delay) the building,
plumbing, electrical and fire prevention codes, and has in-
itiated (or commits itself to initiate without delay) an
interim housing code compliance program, including the devel-
opment of a planned, systematic, comprehensive community-wide
housing code compliance program,



For first recertification. Applications for first recertification
ot a Workable Program will not be accepted for processing by HUD
Regional Offices unless the locality (1) has in effect building,
plumbing, electrical, and fire prevention codes deemed acceptable
by the Secretary, and submits acceptable evidence that it has
retained sufficient trained staff to effectively administer these
codes, and (2) has in effect a housing code deemed adequate by

the Secretary, and submits acceptable evidence that it has been
conducting an effective interim housing code compliance program,
including the development of a planned, systematic, comprehensive,
long-range housing code compliance program,



For second and subsequent recertifications,

No change in applicable present requirements,

REQUIREMENTS TO BECOME EFFECTIVE SEPTEMBER 2, 1967

For initial certification. Applications for initial certification
will not be accepted for processing by HUD Regional Offices unless
the locality (1) has had in effect for at least 6 months (or will
have had by the expected certification date} building, plumbing,
electrical, housing, and fire prevention codes deemed adequate by
the Secretary, (2) submits acceptable evidence that it has init-
iated an interim housing code compliance program}; and (3) submits
acceptable evidence that it has established an appropriate adminis-
trative organization, which can effectively carry out code enforce-
ment activities.



For first recertification. Applications for_first recertification
will not be accepted for processing by HUD Regional Officgs unless
the locality (1) has had in effect, for at least six months (or


will have had by the expected recertification date) building,
plumbing, electrical, housing, and fire prevention codes deemed
adequate by the Secretary, (2) submits with its application
acceptable evidence that it has in existence an effective pro-
gram for enforcement of its building, plumbing, electrical, and
fire prevention codes, including an adequate budget, sufficient
trained staff, and an appropriate system of forms, records, and
reporting so as to make the program operative, (3) submits with
its application acceptable evidence that it has been conducting
a successful interim housing code compliance program, including
the establishment of an appropriate system of forms, records,
and reporting and the employment of an adequate staff for in-
spections, record-keeping, and compliance actions to make the
program operative, and (4) has prepared, adopted, and submitted
a planned, systematic, area-by-area, community-wide, compre-
hensive, long-range housing code compliance program designed to
secure compliance with the provisions of the adopted housing
code within a reasonable number of years and to maintain all
residential properties up to the minimum housing standards
established in the community, together with an estimated budget
to carry out the program as planned and scheduled.

Subsequent recertifications will depend largely on (1) the actions
taken by the community to keep its codes up to date, (2) the main-
tenance of an effective enforcement organization and program for
administration of all codes, and (3) the success of the community
in making reasonable progress in meeting the schedules established
in its long-range housing code compliance program. (Note:
Revisions and adjustments may be made in the long-range housing
code compliance program as circumstances may require, so long as
they do not limit enforcement or extend the compliance schedules
and staffing commitments. Such adjustments should be based upon
an annual evaluation of progress as related to the established
long-range goals, taking into account all proposals affecting
local housing conditions and the availability of standard housing
in the community.)

The material under the following headings further defines and explains
the criteria for acceptable adoption and enforcement of codes under the Workable
Program:

HOUSING CODE~-CRITERIA FOR ADOPTION :
To be deemed adequate by the Secretary, a housing code must (1) be the

latest published edition of one of the nationally recognized fliodel housing
codes or (2) be a State or locally developed housing code which contains technical
and administrative provisions that are reasonably comparable to those in the
latest published editions of the model codes, and (3) contain the following
provisions, whether or not these are provided for in the model code adopted

or used as a guide:

(2) Be fully applicable, from the date of its adoption, to all
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housing in the community, regardless of when or under what
code such housing was originally constructed,

(b) Require a fully equipped bath and toilet facility for every
dwelling unit.

(c) Provide for an adequate means of egress,

(d) Provide for an effective administrative and appeals
procedure.

OTHER CODES--CRITERIA FOR ADOPTION

Adoption of the latest published edition of the nationally recognized
model buiiding, plumbing, electrical, and fire prevention codes, without
revision or modification except for minor administrative adjustments, will be
deemed adequate by the Secretary.

Adoption of a State or locally developed building, plumbing, elec-
trical, or fire-prevention code which contains technical and administrative
provisions reasonably comparable to those contained in the latest published
editions of the nationally recognized model ‘codes may also, upon review and
analysis, be deemed adequate by the Secretary, except that no such code will
be deemed acceptable which contains deviations, or revisions which are
unreasonably incompatible with the standards established by the model codes,
or which contains deviations or restrictive practices so numerous or of such
magnitude as to materially and unreasonably increase the cost of construction
or rehabilitation. The provisions of these codes shall also become effective
from the date of adoption,

INTERIM HOUSING CODE COMPLIANCE PROGRAM
The details of an acceptable interim housing code compliance progran,

as referred to above, are set forth in Guidelines G-9, "Housing Code Compliance
During the First Year Following Adoption of the Housing Code." ~

A PLANNED AND SYSTEMATIC PROGRAM OF HOUSING CODE COMPLIANCE *

The details of a planned and systematic program of housing code com-

pliance, as referred to above, are set forth in Program Guide No. 1, "Answers

on Codes and Ordinances", and Guidelines G-8, "Systematic Housing Code Compliance,"
CODE ENFORCEMENT IN RELATION TO PLANNED FEDERAL-ALD PROGRAMS

In establishing its long-range compliance program, each community
should give consideration to its long-range plans for utilizing the Federal
housing and urban renewal aids in the affected areas, However, these aids
to be used in combination with, rather than as substitutes for, an
local enforcement program, The use of the Federal aids may re-
re an intensification of the local enforcement program in order to
assure a sufficient supply of standard replacement housing for persons °
temporarily displaced from project areas. It is important that the local
enforcement program include surveillance over areas scheduled for future
urban renewal treatment in order to correct conditions that are hazardous
or injurious to health and welfare and to prevent further deterioration

L i]

pending the actual start of project execution.





WORKABLE PROGRAM ELEMENTS RELATED TO CODE ENFORCEMENT

Although specific requirements are not being changed at this time

or other elements of a Workable Program, localities (particularly those in

early stages of code enforcement programs) should bear in mind that the
effectiveness of any local housing code enforcement program will require .
olid community support; coordinated social, family, and welfare services
to families in need of such services, and a well-organized relocation service,
including a program for seeing that adequate relocation housing is available,
Therefore, in order to meet the new code requirements, a community may have
to step up its timing of other activities under the Workable Program.

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DOCUMENTATION

The above elements of an effective program of codes adoption and
enforcement should be carefully and fully documented in appropriate sections
oi the application for Workable Program certification or recertification
(HUD Form H-1081, H-1082, H-1083, or H-1084 as appropriate) and in the neces-
sary exhibits to accompany the Form,

tt # #

G-11, 11/66


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