1. All associated deletions, additions, and modifications to adopted Technical Codes shall be enforced by the Building Official or a designated representative.
2. All adopted fire codes shall be enforced by the Fire Chief, Fire Marshall, or a designated representative
   

Upon presentation of proper credentials, the Building Official, Fire Chief, Fire Marshal, or a designated representative may enter at reasonable times any building, structure, or premises in the city to perform any duty imposed upon him by this section.

In the event of any conflict between the provisions of the building codes and the applicable provisions of the unified development code, state law or city ordinances, rules or regulations, the provisions of the unified development code, state law or city ordinances, rules or regulations shall prevail and be controlling.

Any decision by the Building Official, Fire Chief, and/or Fire Marshall to disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Unified Development Code and/or adopted Technical Codes do not apply or that the true intent and meaning of the code has been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Building Official within ten (10) days of the denial to the Board of Adjustments and Appeals. All appeals shall follow the procedures and processes of an administrative appeal.

Any person violating any provision of this chapter shall be fined, upon conviction, in accordance with the resolution as periodically adopted by the Board of Aldermen and the cost of court for each offense. Each day such violation continues shall constitute a separate offense.

For the purpose of establishing uniform rules and regulations this body hereby adopts codes for electrical, building, fire prevention, mechanical, plumbing, gas, property maintenance, swimming pool, and spa, all being incorporated herein by reference and referred to as the technical codes in this section. The technical codes are adopted in their entirety except for any deletions, additions, and modifications listed in this section. The following technical codes are adopted and are incorporated into the unified development code:

• 2020 edition of the National Electrical Code.
• 2021 edition of the International Building Code.
• 2021 edition of the International Existing Building Code.
• 2021 edition of the International Residential Code.
• 2021 edition of the International Fire Code.
• 2021 edition of the International Mechanical Code.
• 2021 edition of the International Plumbing Code.
• 2021 edition of the International Fuel Gas Code.
• 2021 edition of the International Property Maintenance Code.
• 2021 edition of the International Swimming Pool and Spa Code.
• 2017 edition of the ICC Accessible and Usable Buildings and Facilities
  

1. All adopted Technical Codes
   1. Administration. The provisions of this section shall be administered and enforced by the Building Official, Fire Chief, Fire Marshal, Code Enforcement, or their designated representatives.
   2. Appeals. The provisions of this section dealing with appeals shall be administered and enforced by the Board of Adjustments and Appeals as set forth in the International Building Code.
   3. Appointment. The method of appointment and the term of office of the board of adjustments and appeals shall be in accordance with Section 2.3.
   4. Enforcement. Any violation of any provision of this section shall be enforced in accordance with Section 3.19
2. 2021 edition of the International Residential Code
   1. Fire Suppression. Section R313.2 shall be modified to require automatic residential fire sprinkler system in all two-family dwellings and in all one family dwellings with greater than 5,000 square feet of heated and cooled space.
   2. Foundation Design. If the proposed habitable building area, whether stand-alone or an addition, exceeds four hundred (400) square feet in size, the foundation shall be designed by a professional engineer licensed in the State of Mississippi. An exception shall be allowed if the foundation is an addition to an existing structure and is to be designed and constructed the same as that existing structure. IBC section 1808.2-1808.9 and IRC section R506.1-R506.2.2.
   3. Foundation Requirements. Foundations, footings, piles, and piers shall be built on undisturbed soil or properly compacted fill material.
      
   4. Soils investigation. Footings shall be designed so that the allowable bearing capacity of the soil is not exceeded. If structural concrete, masonry or timber footings are used, they shall rest on undisturbed or compacted soil of uniform density and thickness. Compacted soils shall be tested to a minimum of ninety-five percent (95%) of Modified Proctor in accordance with ASTM D 1557 and compacted and tested in lifts not to exceed twelve (12) inches.
   5. Compaction reports. Compaction reports prepared by a certified soils lab shall be provided to the building official prior to the pouring of concrete
3. The 2021 edition of the International Building Code
   1. Foundation Design. If the proposed habitable building area, whether stand-alone or an addition, exceeds four hundred (400) square feet in size, the foundation shall be designed by a professional engineer licensed in the State of Mississippi. An exception shall be allowed if the foundation is an addition to an existing structure and is to be designed and constructed the same as that existing structure. IBC section 1808.2-1808.9 and IRC section R506.1-R506.2.2.
   2. Foundation Requirements. Foundations, footings, piles, and piers shall be built on undisturbed soil or properly compacted fill material.
   3. Soils investigation. Footings shall be designed so that the allowable bearing capacity of the soil is not exceeded. If structural concrete, masonry or timber footings are used, they shall rest on undisturbed or compacted soil of uniform density and thickness. Compacted soils shall be tested to a minimum of ninety-five percent (95%) of Modified Proctor in accordance with ASTM D 1557 and compacted and tested in lifts not to exceed twelve (12) inches.
   4. Compaction reports. Compaction reports prepared by a certified soils lab shall be provided to the building official prior to the pouring of concrete
   5. Storm Shelters. Delete section 423.5 and replace with the following: Where storm shelters are provided, they shall be provided in compliance with ICC 500 except as required by Sections 423.5.1 through 423.5.2
   6. Fire Suppression. Section 903.2.1.1 Group A-1 (2) shall be modified to require an automatic fire sprinkler system in all Assembly Occupancy with an occupant load of 100 or more.
   7. Fire Suppression. Section 903.2.1.3 Group A-3 (2) shall be modified to require an automatic fire sprinkler system in all Assembly Occupancy with an occupant load of 100 or more.
   8. Fire Suppression. Section 903.2.1.1 Group A-4 (2) shall be modified to require an automatic fire sprinkler system in all Assembly Occupancy with an occupant load of 100 or more.
   9. Fire Suppression. Section 903.2.1.6 shall be modified to require where an occupied roof has an assembly occupancy with an occupant load exceeding 100 for any Group A occupancies, all floors between the occupied roof and the level of exit discharge shall be equipped with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2.
   10. Fire Suppression. Section 903.2.1.7 shall be modified to require An automatic sprinkler system shall be provided where multiple fire areas of Group A-1, A-2, A-3, or A-4 occupancies share exit or exit access components and the combined occupant load of these fire areas is 100 or more.
   11. Fire Suppression. Section 903.2.3 Group E shall be modified to require an automatic fire sprinkler system in all Education Occupancies.
   12. Fire Suppression. Section 903.2.4 Group F-1 shall be modified to require an automatic fire sprinkler system in all Group F-1 with fire areas that exceed 10,000 square feet.
   13. Fire Suppression. Section 903.2.1.1 Group M (2) shall be modified to require an automatic fire sprinkler system in all Mercantile Occupancy with fire areas that exceed 10,000 square feet.
   14. Fire Suppression. Section 903.2.9 Group S-1 (1) shall be modified to require all Group S-1 buildings exceeding 10,000 square feet of gross floor area with the exception of aircraft “T” hangers and open parking garages.
   15. Fire Suppression. 903.2.9.1 Repair Garages shall be modified to require an automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406 that exceed 2,500 square feet gross floor area.
   16. Fire Suppression. Section 903.2.10 Group S-2 (2) shall be modified to require all Group S-2 buildings exceeding 10,000 square feet of gross floor area.
4. The 2021 Edition of the International Fire Code
   1. Hose Threads. All hose threads shall be 3.093 × 6.
   2. Fire Suppression. Section 903.2.1.1 Group A-1 (2) shall be modified to require an automatic fire sprinkler system in all Assembly Occupancy with an occupant load of 100 or more.
   3. Fire Suppression. Section 903.2.1.3 Group A-3 (2) shall be modified to require an automatic fire sprinkler system in all Assembly Occupancy with an occupant load of 100 or more.
   4. Fire Suppression. Section 903.2.1.1 Group A-4 (2) shall be modified to require an automatic fire sprinkler system in all Assembly Occupancy with an occupant load of 100 or more.
   5. Fire Suppression. Section 903.2.1.6 shall be modified to require where an occupied roof has an assembly occupancy with an occupant load exceeding 100 for any Group A occupancies, all floors between the occupied roof and the level of exit discharge shall be equipped with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2.
   6. Fire Suppression. Section 903.2.1.7 shall be modified to require An automatic sprinkler system shall be provided where multiple fire areas of Group A-1, A-2, A-3, or A-4 occupancies share exit or exit access components and the combined occupant load of these fire areas is 100 or more.
   7. Fire Suppression. Section 903.2.3 Group E shall be modified to require an automatic fire sprinkler system in all Education Occupancies.
   8. Fire Suppression. Section 903.2.4 Group F-1 shall be modified to require an automatic fire sprinkler system in all Group F-1 with fire areas that exceed 10,000 square feet.
   9. Fire Suppression. Section 903.2.1.1 Group M (2) shall be modified to require an automatic fire sprinkler system in all Mercantile Occupancy with fire areas that exceed 10,000 square feet.
   10. Fire Suppression. Section 903.2.9 Group S-1 (1) shall be modified to require all Group S-1 buildings exceeding 10,000 square feet of gross floor area with the exception of aircraft “T” hangers and open parking garages.
   11. Fire Suppression. 903.2.9.1 Repair Garages shall be modified to require an automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406 that exceed 2.500 square feet gross floor area.
   12. Fire Suppression. Section 903.2.10 Group S-2 (2) shall be modified to require all Group S-2 buildings exceeding 10,000 square feet of gross floor area.
5. The 2021 Edition of the International Existing Building Code
   1. Fire Protection. 803.2.1.1 Supplemental Automatic Sprinkler System Requirements shall be modified to require where the work area on any floor exceeds 25 percent of that floor area, Section 803.2.1 shall apply to the entire floor on which the work area is located.
   2. Fire Protection. 803.2.2 Groups A, B, E, F-1, H, I-1, I-3, I-4, M, R-1, R-2, R-4, S-1 and S-2. Shall be modified to require in buildings with occupancies in Groups A, B, E, F-1, H, I-1, I-3, I-4, M, R-1, R-2, R-4, S-1 and S-2, work areas that have exits or corridors shared by more than one tenant or that have exits or corridors serving an occupant load greater than 30 shall be provided with automatic sprinkler protection where both of the following conditions occur:
      1. The work area exceeds 25 percent of the floor area.
   3. Fire Protection. 803.2.3 Group I-2. Shall be modified to require in Group I-2 occupancies, an automatic sprinkler system installed in accordance with Section 903.3.1.1 of the International Fire Code shall be provided in the following
      1. In Group I-2, Condition 2, throughout the smoke compartment in which the work occurs where the work area exceeds 25 percent of the smoke compartment.
         

Any construction or alterations that are not exempt under the adopted Technical Codes of Section 17.2 the State of or the Mississippi locally of adopted Mississippi codes are required to have a permit unless listed as exempt below.

1. Residential Building Permits. Only includes One-Family Dwellings (Detached Dwelling) and Two-Family Dwellings (Attached Duplex Dwelling)
   1. Permitting required:
      1. Any new development or new construction
      2. Any addition or alteration in excess of two thousand and five hundred dollars ($2,500).
      3. Any dwelling units, including accessory dwellings, regardless of square footage.
      4. Any addition, alteration, modification, or improvement that includes electrical, plumbing, mechanical/HVAC, structural work, and/or fire sprinklers or suppression systems.
      5. Any roofing work equal to or greater than ten thousand dollars ($10,000) and/or with structural changes.
      6. Accessory use or structure for residential uses. See Section 13.9.1.B. Accessory structures include but are not limited to garages, carports, workshops, pool houses, sheds, storage buildings, swimming pools, covered open-air structures, outdoor living and recreation areas, and fences 7’ or taller that are incidental and subordinate to the principal use of the primary building.
      7. Any work involving clearing, clear-cutting, grading, leveling, excavating, or filing a site. See Section 16.8.2 for Land Disturbance Permit requirements and exemptions.
      8. Within any locally designated historic district, a Certificate of Appropriateness, as required by Section 3.16, may be required in addition to a permit for all construction, alteration, and/or demolition.
      9. Any allowed residential signage that requires a permit per Section 14.7.
      10. Any work performed within the Right-of-Way.
   2. Exempt from permitting:
      1. If the work only consists of painting, cabinetry, tiling, carpeting, and similar finish work. However, the cost of these items shall be included in any required permit.
      2. Any roofing work less than ten thousand dollars ($10,000) in value with no structural changes.
      3. Fences under seven feet (7’) tall.
      4. Interior demolition where no structural elements are being removed or changed.
      5. .Shed or storage building less than one hundred (100) square feet unless located within a flood zone. See Section 13.9.1.B.2
         
      6. Low voltage work related to networking, security cameras, private alarm systems, and controlled access.
      7. Repair and replacement of existing outlets, lighting fixtures, toilets, and/or faucets.
      8. Repair and replacement of any existing window with no structural changes.
2. Commercial Building Permits.
   1. Permitting required:
      1. Any new development or new construction. Site plan approval may be required in accordance with Section 3.9
      2. Any addition or alteration in excess of two thousand and five hundred dollars ($2,500).
      3. Any addition, alteration, modification, or improvement that includes electrical, plumbing, mechanical/HVAC, structural work, and/or fire sprinklers or suppression systems.
      4. Any roofing work equal to or greater than ten thousand dollars ($10,000) and/or with structural changes.
      5. Accessory use or structure for commercial uses. See Section 13.9.1.C. Accessory structures include but are not limited to sheds, storage buildings, swimming pools, freestanding self-serve structures, covered open-air structures, outdoor cooking areas, and fences seven feet (7’) or taller that are incidental and subordinate to the principal use of the primary building.
      6. To perform work involving tree cutting, clearing, clear-cutting, grading, leveling, excavating, or filing a site. See Section 16.8.2 for Land Disturbance Permit requirements and exemptions. No structure or site requiring approval from the Development Review Committee shall be modified, erected, or used prior to receiving site plan and/or infrastructure plan approval. See Section 3.9.2 for applicability and filing procedure for site and infrastructure plans.
      7. Within any locally designated historic district, a Certificate of Appropriateness, as required by Section 3.16, may be required in addition to a permit for all construction, alteration, and/or demolition.
      8. Any allowed signage that requires a permit per Section 14.7.
      9. Any work performed within the Right-of-Way.
   2. Exempt from permitting:
      1. If the work only consists of painting, cabinetry, tiling, carpeting, and similar finish work. However, the cost of these items shall be included in any required permit.
      2. Any roofing work less than ten thousand dollars ($10,000) in value with no structural changes.
      3. Interior demolition where no structural elements are being removed or changed.
      4. Repair and replacement of any existing window with no structural changes.
      5. Low voltage work related to networking, security cameras, private alarm systems, and controlled access.
      6. Repair and replacement of existing outlets, lighting fixtures, toilets, and/or faucets.

All applications for building permit shall be in the form required and provided by the Building Official. The Building Official shall have the authority to determine the form and content of the application and to determine the extent of construction, repairs, additions, or remodeling to be covered by the application and permit. Applications shall be submitted to the Building Official together with the fee established by resolution of the Mayor and Board of Aldermen. The completeness of the application shall be determined by the Building Official.

The Building Department shall review all applications to verify compliance with the Unified Development Code and adopted Technical Codes. The Building Official or a designated representative shall review the application, plans, specifications, and where necessary go on the premises to determine whether or not such application should be approved, and a building permit issued.

The Planning Department shall review all applications to verify compliance with the Unified Development Code. If anything is found to be out of compliance and/or requires additional approval from an advisory board or the Board of Aldermen, the Planning Department shall notify the applicant and the Building Official.

1. Approval procedure. If the proposed excavation, construction, moving, or alterations as set forth in the application is in conformity with the provisions of the Unified Development Code and the adopted Technical Codes, the Building Official shall issue a building permit. Issuance of a building permit shall in no case be construed as waiving any provisions of the Unified Development Code and the adopted Technical Codes.
2. Disapproval procedure. If an application for a building permit is not approved, the Building Official of the municipality shall state in writing on the application the cause for such disapproval.

The approved permit(s) or a copy of the permit shall be clearly posted on the jobsite within a Document Box (Doc-Box) during all phases of construction activities.

1. Any building permit issued in accordance with the Unified Development Code and the Technical Codes shall become invalid unless the work authorized by it has not commenced within ninety (90) days after the issuance of the permit and/or if continuous work has ceased for ninety (90) days or more. The determination of continuous work shall be based on observations by and the opinion of the Building Official. All building permits shall expire after one (1) year except for that residential permits shall expire after two (2) years of the date issued.
2. Any demolition permit shall expire ninety (90) days after issuance of the demolition permit.
   

A building permit may be extended for a period of time as determined on a case-by-case basis at the discretion of the building official.

The fee schedule for permits as required for construction activities shall be adopted and amended periodically by the Board of Aldermen.

All commercial and residential construction contractors and subcontractors including but not limited to: general contractors, air-conditioning contractors, electrical contractors, and plumbing contractors doing business within the city shall register with the Building Department in order to qualify to do business within the city. It is hereby established that the Building Department shall maintain an approved list of general contractors and subcontractors upon registration.

To register with the Building Department, all commercial and residential construction contractors and subcontractors including but not limited to: general contractors, air-conditioning contractors, electrical contractors, and plumbing contractors, shall:

1. Provide a copy of the appropriate and up to date Certificate of Responsibility for the scope of work being performed issued by the Mississippi State Board of Contractors.
2. Provide proof of commercial liability insurance issued by an insurance company admitted to write such insurance in the State of Mississippi and having minimum limits as follows: general liability $500,000.00 per occurrence and $1,000,000.00 general aggregate; and provide proof of worker's compensation insurance to the extent the contractor is required to have such by state law.
3. Provide a copy of a current Mississippi Business or Privilege License.
If the permitted scope of work falls outside of the Mississippi State Board of Contractors licensing requirements, a Certificate of Liability insurance issued to the City of Starkville and a valid Mississippi Business or Privilege License is still required.

Once qualified, all contractors and subcontractors will remain on the approved list until removed. If a contractor or subcontractor is removed from the register list, they are eligible to be reinstated after providing proof to the Building Official that they have corrected the issue causing removal from the register list. Reasons for removal from the register list shall include any of the following:

1. Working without a permit.
2. Revocation of the license or state certificate of responsibility.
3. The liability insurance and worker's compensation insurance (where required by state law) expires or is revoked or canceled.
   

Nothing contained in this section shall prohibit any individual from building their principal dwelling or from remodeling or expanding their existing dwelling. . A Homeowner Certificate of Compliance application supplied by the Building Department is required to be completed and signed before any permits are issued.

1. Fire Suppression Contractors. Only approved sprinkler contractors registered with the State of Mississippi shall be allowed to install fire suppression (sprinkler) systems within the City of Starkville.
2. Fire Suppression. Only sprinkler heads and devices approved for use in fire suppression systems shall be installed. Plans for all fire suppression (sprinkler) systems shall be submitted to the fire department for review. Automatic fire suppression (sprinkler) systems shall be installed as outlined in National Fire Protection Association (NFPA) Standard 13, which is applicable and referenced in the International Fire Code (IFC).
3. Fire Suppression. Shop drawings shall be submitted to the fire department for review. A reminder noted on the submitted drawings and specifications shall state: "Contact the Starkville Fire Department not less than twenty-four (24) hours in advance to witness any required test".
   

No land, building, or structure or part thereof shall be permitted for occupancy or use until a certificate of occupancy has been issued by the Building Official stating that such land or structure is found to be in conformity with the provisions of this Unified Development Code and Technical Codes. Within three (3) days after the owner or his agent has notified the Building Official that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the Building Official to make a final inspection thereof, and to issue a certificate of occupancy if the building and premises is found to conform with the provisions of the Unified Development Code and Technical Codes. If such certificate is refused, the Building Official shall state in writing the reasons for refusal to issue the certificate of occupancy.

The Building Official may permit the temporary occupancy or use of land, buildings, or structures or part thereof by issuing a temporary certificate of occupancy valid for a period of thirty (30) days with extensions of up to ninety (90) days. Extensions beyond ninety (90) days shall be approved at the discretion of the Building Official in accordance with applicable laws and policies. An appeal of the decision of the Building Official for denying an extension for a temporary certificate of occupancy shall be processed as an Administrative Appeal in accordance with section 3.8. Temporary Certificate of Occupancy and may only be issued for the following incomplete items:

1. Landscaping. If the landscape as shown on the approved site plan is not completed, inspected, and accepted by City Planner prior issuance of a temporary certificate of occupancy or a certificate of occupancy, a Performance Guarantee Agreement and an acceptable surety in an amount approved by the City Planner shall be in place before issuance of either a temporary certificate of occupancy or a certificate of occupancy. The itemized construction cost estimate, which shall be prepared by the Developer or their designee, shall be determined either by an itemized quote for the installation of the remaining landscape provided by a licensed contractor or by the estimated cost. The estimated cost shall be calculated as four dollars ($4.00) per square foot for any portion of the site that does not have installed landscaping. The City Planner will determine the surety amount based on this information and may require additional information if the estimate is incomplete or underestimated. The surety shall be one hundred and fifty percent (150%) of the itemized construction cost estimate of completion of the landscaping.
2. Sidewalks. If the sidewalks as shown on the approved site plan are not completed, inspected, and accepted by City Staff prior issuance of a temporary certificate of occupancy or a certificate of occupancy, a Performance Guarantee Agreement and an acceptable surety in an amount approved by the City Engineer shall be in place before issuance of either a temporary certificate of occupancy or a certificate of occupancy. The itemized construction cost estimate, which shall be prepared and certified by a licensed professional engineer, shall be provided to the City Engineer. The City Engineer will determine the surety amount based on this information and may require additional information if the estimate is incomplete or underestimated. The surety shall be one hundred and fifty percent (150%) of the itemized construction cost estimate of completion of the sidewalks.

This code shall apply to all long-term rental housing units located within the City of Starkville, Mississippi, including all residential dwelling unit types. The intent of this code is to establish base standards for rental housing units in Starkville to prevent or correct slum and/or blighted conditions and protect the health, safety and welfare of the community. This code does not require existing rental housing units with normal wear and tear to be brought up to the requirements of the current adopted technical codes unless building permits are required in accordance with Section 17.3. This code shall not apply to hotels, motels, short-term rental, and/or any bed and breakfast.

It shall be unlawful for any person and/or entity to maintain or operate any rental housing unit(s) within the City of Starkville unless such person or entity has registered the property and has obtained a rental housing license and privilege license.

1. Registration Fee
   1. All persons or entities who have rental property within the City are required to register their property(ies) within 60 days after the effective date, March 17, 2022 of the ordinance and before the property is rented for the first time after a certificate of occupancy is granted.
   2. A registration fee, to be established by action of the Mayor and Board of Aldermen, per rental unit shall be due upon registration. A registration fee shall also be required upon any change in ownership.
   3. Failure to pay the registration fee within sixty (60) days after the effective date, March 17, 2022, of the passage of this ordinance shall be considered a violation and enforced in accordance with Section 3.19. In addition to penalties, as outlined in Section 3.19.2, revocation of the certificate of occupancy for each unregistered unit may occur.
   4. A Notice of Violation will be issued to the owner of the property and/or a responsible party or agent where the alleged violation occurred, a failure to Register Rental Housing Property may result in a per unit per day fine in accordance with the Fee and Fine Schedule in addition to reimbursement for any administrative fees incurred. Allowing ten (10) calendar days to correct the violation.
      .
2. License application. Application for an initial rental housing license shall be filed with, and issued by, the Community Development Department. The applicant shall be the property owner, agent, or manager and shall have the authority to provide consent for inspections. The application shall include the following:
   1. The name and address of the property owner.
   2. The name and address of the agent or manager if applicable. In the case of a domestic or foreign entity the street address of the in-state register agent.
   3. Signature of the property owner, agent, and/or manager.
   4. Phone number and email address of the property owner, agent and/or manager.
   5. The address and unit/suite number of each individual rental unit.
   6. Proof of identity
      
   7. A statement as to whether utility services will be provided by the owner or be the tenant's responsibility.
   8. Proof of Starkville privilege license with owner's name and/or agent's name listed.
      
   9. Such other information may be requested by the Community Development Department to enable it to determine if the proposed rental housing unit or complex will comply with legal requirements.
3. License transfer. Any change of ownership of a residential dwelling unit shall require a license transfer.
4. License revocation. The Community Development Department may revoke any license to maintain and operate a rental housing unit or complex when the licensee has been found guilty by the court of violating any provisions of this section, not being in good standing with the Mississippi Secretary of State, and/or of knowingly providing false or incomplete information in the process of application for a license or certificate of occupancy. After such conviction, the license may be reissued if the circumstances leading to the conviction have been remedied and the rental housing unit or complex is being maintained and operated in full compliance with the law.
5. Inspections. The Building Official or designee may request to inspect any rental housing unit(s) or complex(es).
   1. Personnel. The Building Official or designee is authorized to make reasonable and necessary inspections of rental housing units and premises to determine compliance with this section.
   2. Access. Building Official or designee may request to inspect the rental housing unit and upon reasonable notice be allowed access to any part of such rental housing unit for the purpose of making such inspections. If the owner, agent, manager, or tenant of any rental dwelling unit refuses entry upon request of the Building Official or designee to carry out an inspection in accordance with this section, the City may make an application to the appropriate judicial officer for a warrant based upon constitutional standards in effect at the time of the application, and shall not make an entry in the absence of consent, a lawful warrant, or other legal authority.
   3. Failure of Inspection. If upon inspection, violations of interior or exterior standards exist, the owner, agent, or manager will be required to correct all violations within a reasonable period of time as determined by the Building Official or designee not to exceed ninety (90) days. In the event the rental housing unit becomes unoccupied, future occupancy will be prohibited until all violations have been corrected and the unit has been reinspected by the City and deemed to comply.

1. Administration. The Building Official has the primary responsibility of overseeing and, with code enforcement, enforcing this chapter, and is granted the authority expressly and impliedly needed and necessary for enforcement.
2. Failure to Comply & Enforcement. Nothing in this section shall preclude employees of the Community Development Department or Code Enforcement from seeking voluntary compliance with the provisions of this section or from enforcing this section, proactively or reactively, through warnings, citations, or other such devices designed to achieve compliance in the most efficient and effective manner under the circumstances. After final notice has been received by the licensee and the licensee remains non-compliant, The Judge may issue a summons against the violator which can result in fines, assessments, and additional fees.

1. Written assumption of responsibility. The transfer of any or all property interest in any manner, including but not limited to, the sale, trade, lease, gift, or assignment of any real property against which a citation has been issued or allegations of violations have been filed with the court shall not relieve the parties unless the legal entity assuming interest in such property, in writing, assumes responsibility for compliance with the notice to comply or alleged violations and a copy of such writing is presented to the city.
2. Violation. Any legal entity, real or statutory, who transfers the ownership interest in real property, against which a citation has been issued or allegations of violations have been filed with the court, shall be subject to enforcement pursuant to Section 3.19 unless they have obtained a written acceptance of responsibility for compliance with the citation or court action from the new owner.

1. Comply even if vacated. An owner, agent or manager served with a citation or enforcement proceeding for violations of Section 17.6 shall not be relieved from responsibility to comply because the tenant(s) have vacated the rental housing unit.
2. Compliance before re-occupancy. The owner, agent or manager of a rental housing unit shall not lease, rent or otherwise make available for occupancy by tenants any unit against which a citation has been issued or an enforcement action has been instituted until the violations contained in the citation or enforcement proceeding have been corrected.
3. Utility services. The Community Development Department may ask that a hold be placed on transfer of utility service to a new tenant until any outstanding enforcement actions on the unit are resolved.

In any case where a provision of this section is found to be in conflict with a provision of the Unified Development Code, Technical Codes, or Code of Ordinances, existing on the effective date of this code, the provision which establishes the higher standard for the promotion and protection of the health and safety of the community shall control.

Any interpretation by the Building Official of the Rental Housing Standards resulting in the issuance of a citation can be appealed as an Administrative Appeal to the Board of Aldermen. The applicant shall have ten (10) business days from the issuance of the citation to appeal that decision to the Board of Aldermen. The appeal will be placed on the Board of Aldermen agenda. Parties aggrieved by the final decision of the Mayor and Board of Aldermenmay appeal to a court of competent jurisdiction.

1. Sanitary facilities. The owner, agent, or manager of a rental housing unit shall provide for the removal of garbage and refuse by an agreement with the City of Starkville Sanitation and Environmental Services Department. The owner, agent, or manager of the rental housing unit shall provide for the removal of any furniture, appliances, or other items removed from the rental housing unit or abandoned on the property, which do not meet the guidelines for removal by the City of Starkville. Placing such materials or allowing such materials to be placed in the right-of-way shall be a violation of this section.
2. Food preparation facilities. Every rental housing unit shall have a kitchen or access to a kitchen area with suitable space and equipment to store, prepare, and serve food in a sanitary manner.
   1. Kitchen sink. Every kitchen or kitchen area shall contain a fixed kitchen sink in sound condition, functioning properly, and properly connected to an approved hot and cold-water system and a sewage system.
   2. Liquid-seal traps. Kitchen plumbing fixtures shall be separately trapped by a liquid-seal trap that will eliminate the passage of sewage gases into the kitchen. The liquid-seal traps shall be located as near the outlet as possible.
   3. Flow of water. Kitchen plumbing facilities shall have a reasonable flow of water and the minimum flow of hot or cold water issuing from a faucet or fixture shall be not less than one gallon per minute.
   4. Oven and range or stove. Every kitchen or kitchen area shall be equipped with a cooking oven and range or a stove properly connected and in sound condition. If the oven, range, and/or stove is provided by the tenant per the rental agreement, the owner, agent, or manager is exempt from this provision.
   5. Refrigerator. Every kitchen or kitchen area shall be equipped with a refrigerator properly connected and in sound condition. Refrigerators shall be capable of maintaining a temperature between forty degrees (40°) and forty-five degrees (45°) Fahrenheit. Refrigerators shall have some capacity for storing frozen food. If the refrigerator is provided by the tenant per the rental agreement, the owner, agent, or manager is exempt from the provisions of this section.
   6. Sanitary surfaces: preparation and storage areas. Countertops, food preparation surfaces, food storage pantries and cupboards shall be easily cleanable and free from holes, breaks or cracks that can leak, or may injure a person or may permit the harborage of insects and dampness that may promote the growth of bacteria.
   7. Storage of garbage. No owner, agent or manager of any rental housing unit shall permit upon his premises the exterior accumulation of any garbage or refuse, except in covered portable containers of rust-resistant metal, rubber, plastic or similar material. Garbage or refuse shall only be placed curbside in accordance with The Code of Ordinances. The owner, agent, or manager of any rental housing unit(s) shall be responsible for the correct placement of curb side garbage or refuse and the removal of any garbage container.
3. Electrical service and lighting. Every rental housing unit shall have electrical service and lighting properly installed and maintained in sound condition adequate to support the health and safety of occupants, permit the safe use of electrical appliances and permit normal indoor activities.
   1. Outlets, switches, and light fixtures. All indoor and outdoor outlets, switches, and light fixtures shall be operable and fully intact.
   2. Ground-fault circuit-interrupters (GFCI). All electrical convenience outlets installed outside or in bathrooms and within six (6) feet of a water source, which includes a lavatory or kitchen sink shall have ground-fault circuit-interrupter protection, provided it can be installed without additional wiring to the main electrical service panel. As used in this section, a bathroom is an area with a tub or shower, with or without a lavatory.
   3. Stairway and hall lights. Every light fixture within any public or common stairway, hallway, corridor, or breezeway in or leading into multifamily dwellings shall be operable at all times.
   4. Exterior entrances. Every building serving four (4) or more rental housing units shall have the main building entrances lighted with specific lighting during nighttime hours other than street lighting. The entrances into individual rental housing units shall also be provided with specific lighting which shall be controlled either automatically or manually by a switch controlled by the tenant.
   5. Installation and maintenance. Every outlet, switch, and fixture shall be properly installed and maintained in sound condition. No owner, agent or manager shall provide, install or allow to be installed or used any frayed and exposed wiring; wiring unprotected by proper covering; fixtures in disrepair; tacked extension cording; or makeshift wiring, outlets or fixture repairs or which may injure a person.
4. Thermal environment. Every rental housing unit shall contain safe heating equipment and systems which are properly installed and maintained in sound condition and capable of providing adequate heating and cooling, appropriate for the climate, to assure a comfortable and healthy living environment.
   1. Heating requirements. Every rental housing unit shall have heating under the tenant's control, capable of safely heating all habitable rooms. Required heating shall be provided by permanently installed heating facilities in accordance with the Property Maintenance Code.
   2. Unvented combustion heaters are prohibited. No owner, agent or manager shall provide, install, or allow to be installed or used any unvented portable space heaters burning solid, liquid or gaseous fuels.
   3. The use of a cooking appliances as a heater is prohibited. No owner, agent or manager shall allow the use of any ovens, stoves or ranges, or other cooking appliances for the purpose of heating any portion of a dwelling.
5. Doors, windows, and ventilation. Every rental housing unit shall have doors and windows which provide adequate natural light and ventilation to permit normal indoor activities and support the health and safety of the occupants while providing protection from the elements and privacy for the occupants.
   1. Windows. Windows shall be maintained in sound condition. Exterior windows shall fit the window openings and shall be properly sealed or weather-stripped in a manner that prevents the entrance of the elements or vermin or excessive air escape or infiltration. The fit of exterior windows shall not otherwise diminish the thermal efficiency of the structure.
   2. Exterior doors. Exterior doors leading into rental housing units shall fit the door openings and shall also be weather-stripped in a manner that prevents the entrance of the elements or vermin or excessive air escape or infiltration. The fit of exterior doors shall not otherwise diminish the thermal efficiency of the structure. Exterior doors, door hardware and door frames shall be maintained in sound condition and capable of the use intended by their design.
   3. Interior doors. Interior doors, door hardware and door frames shall be maintained in sound condition and capable of affording privacy to the occupants.
6. Space and occupancy. Every rental housing unit shall have sufficient access and space to allow for adequate living and sleeping conditions while providing for the occupant's health, safety, privacy and general welfare.
   1. Rental Housing Unit Occupancy Load. Every single dwelling unit (single-family) rental housing unit shall provide at least one hundred (100) square feet of floor area for each occupant. The floor area is to be calculated on the basis of total dwelling unit area.
   2. Interior access. In any rental housing unit, access to bedrooms and bathrooms shall be from within the unit.
7. Safety and security. Every rental housing unit shall have a locking device properly installed and in sound condition capable of the use intended by its design which restrict unlawful entry, smoke detectors to provide fire safety, and shall be maintained free from hazards to the health, safety or welfare of the occupants.
   1. Tripping hazard on stairways. Every inside and outside stairway shall be maintained in sound condition and free from any broken, rotted, or missing steps or tripping hazards.
   2. Guardrail and enclosures on stairways. Every stairway which exceeds thirty (30) inches in height shall be protected by a guardrail and enclosure material in sound condition.
   3. Guardrail and enclosures on balconies and porches. Every balcony or porch higher than thirty (30) inches above the ground shall be protected by a guardrail and enclosure material in sound condition.
   4. Exterior doors. Exterior doors leading into rental housing units or tenant storage rooms, which are reasonably accessible, shall have a locking device properly installed and in sound condition capable of the use intended by its design.
   5. Windows. Every openable window reasonably accessible from the outside shall have a locking device or devices properly installed and in sound condition capable of the use intended by its design. Such devices shall prevent opening, lifting or sliding of the locked window from the exterior of the unit.
   6. Smoke detectors. Smoke detectors shall be installed in all existing rental housing units. The installation of smoke detectors shall at least meet the requirements specified in the International Code Council Property Maintenance Code (IPMC). The owner, agent, and/or manager shall be responsible for the installation, replacement of batteries, and maintaining appropriate records of required smoke detectors. Smoke detectors shall always be operable, and batteries replaced annually, or on an as needed basis. Upon termination of a tenancy in any rental housing unit, the owner, owner's agent or manager shall insure that any required smoke detectors are operational prior to re-occupancy of the unit. Proof of battery replacement shall be required as part of inspection.
8. Maintenance. Every rental housing unit interior and exterior shall be maintained in a condition which provides the occupants with protection from the elements, a safe and healthy living environment and housing free from deterioration or slum-like conditions.
   1. Interior holes, cracks, or breaks. Every floor, interior wall and ceiling, and all appurtenances thereto shall be kept in sound condition and free of holes, cracks or breaks that may injure a person, admit or harbor vermin, admit dampness or restrict privacy. Every hole cut in floors, walls or ceilings for the passage of plumbing fixtures or pipes shall be sealed to prevent the passage of insects and vermin.
   2. Floor coverings tripping hazards. Floor coverings that are torn or loose and located on a stairway or within three (3) feet of a stairway shall be removed or repaired to prevent tripping. Tears in excess of six (6) inches and tears or projections rising one-quarter (¼) inch or more above the floor surface in any location present a tripping hazard and shall be repaired.
   3. Floor coverings deteriorated, unsafe, and/or unsanitary. Floor coverings such as carpeting, tile, linoleum and similar materials shall be repaired or replaced when the floor covering is severely deteriorated or when the condition of the floor covering creates an unsafe or unsanitary environment.
   4. Exterior weathertight, watertight, and vermin proof. Every foundation, roof and exterior wall shall be reasonably weather tight, watertight and vermin proof and shall be kept in sound condition.
   5. Exterior deteriorated or slum-like. All exposed exterior surfaces shall be maintained so as to be impervious to moisture and weather elements and every rental housing unit shall be free of broken, rotted, split or buckled exterior wall coverings or roof coverings. All exposed exterior surfaces shall not otherwise present a deteriorated or slum-like appearance and will meet the specific requirements which follow.
      1. All exterior wood surfaces shall be protected from the elements and from deterioration by paint or other protective treatment; except such wood surfaces composed of wood that is naturally resistant to decay and naturally resistant to insects.
      2. All exterior painted surfaces shall be painted with paint that is lead free and shall be free of loose, cracked, scaling, chipping or peeling paint in such amounts as to present a deteriorated or slum-like appearance;
      3. Roof coverings shall be watertight and weathertight and shall be free of broken, rotted, split, curled or missing roofing material in such amounts as to present a deteriorated or slum-like appearance. All roofing materials shall meet the requirements of all adopted codes and ordinances.
   6. Maintenance of swimming pools, water features, and spas. All swimming pools, water features, and spas shall be properly maintained so as not to create a safety hazard, harbor vermin infestation, or create a deteriorated or slum-like appearance.
   7. Stagnant water. All premises shall be maintained so as to prevent the accumulation of stagnant water when such water causes a hazardous or unhealthy condition, becomes a breeding area for insects or causes damage to foundation walls.
   8. Infestation. Every rental housing unit and premises shall be kept free from insect, rodent or vermin infestation. Every rental housing unit and premises shall be free from the presence or apparent evidence of insect or rodent infestation, other noxious pests, nesting places and any other unsightly or unsanitary accumulation which may harbor insects, rodents or other vermin.
   9. Maintenance of facility and equipment. Every supplied facility, piece of equipment or utility shall be so constructed, installed and maintained so that it will function safely and effectively and remain in sound condition.
   10. Discontinuation of services. No owner, agent or manager shall cause any services, facilities, equipment or utilities which are required under this code to be removed from, shut off or discontinued in any occupied rental housing unit except for such temporary interruption as may be necessary while actual repairs or alterations are in process.
   11. Responsibility for maintenance. It shall be the responsibility of the owner, agent, and manager to provide for the interior and exterior maintenance of the rental housing unit and premises.