# air conditioning required in rentals



## BSSTG (Aug 10, 2011)

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


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## fatboy (Aug 10, 2011)

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


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## mtlogcabin (Aug 10, 2011)

You don't need to make goverment bigger just tell people they have to handle it themselves you are not their big brother. There are already laws on the books for them to use.

http://www.texastenant.org/repairs.html


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## ICE (Aug 10, 2011)

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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## Daddy-0- (Aug 10, 2011)

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.


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## peach (Aug 17, 2011)

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).


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## fatboy (Aug 17, 2011)

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...........


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## karmann33 (Sep 9, 2011)

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.


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## Pcinspector1 (Sep 9, 2011)

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


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## Msradell (Sep 9, 2011)

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


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.


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## mtlogcabin (Sep 9, 2011)

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.


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## Pcinspector1 (Sep 10, 2011)

mtlogcabin, I agree with your with your post.

pc1


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## TJacobs (Sep 10, 2011)

Drink plenty of water and go buy some big a** fans.  Buck up buttercup.


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## Mule (Sep 12, 2011)

TJacobs said:
			
		

> Drink plenty of water and go buy some big a** fans.  Buck up buttercup.


Don't know if you know this or not but there is a company called Big A** Fans.

http://www.bigassfans.com/


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## Codegeek (Sep 12, 2011)

Mule said:
			
		

> Don't know if you know this or not but there is a company called Big A** Fans.http://www.bigassfans.com/


I was wondering if anyone would post that!  I saw one of their fans when I was in Australia last summer.  I about fell out of my chair laughing so hard!


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## fatboy (Sep 12, 2011)

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.


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## TJacobs (Sep 12, 2011)

Mule said:
			
		

> Don't know if you know this or not but there is a company called Big A** Fans.http://www.bigassfans.com/


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!


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## TJacobs (Sep 12, 2011)

In my opinion, without a maximum temperature within the dwelling unit amendment, making sure it runs is not enough.


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## Mule (Sep 12, 2011)

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.


Doesn't that only deal with heating apparatuses?


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## Mule (Sep 12, 2011)

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!


I'm so warm and fuzzy now!!! Thanks!


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## fatboy (Sep 12, 2011)

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.*_


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## cda (Sep 12, 2011)

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


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## Mule (Sep 12, 2011)

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.....


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## fatboy (Sep 12, 2011)

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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## Mule (Sep 13, 2011)

What I am saying is that the IPMC does not address the AC as being a hazard and requiring the AC portion to be maintained.

From the 2009 IPMC

General Comments

The primary objectives of mechanical and heating

equipment inspections are to detect, identify and abate

any condition that is a potential fire or explosion hazard;

is a potential cause of asphyxiation or carbon monoxide

poisoning; poses the risk of physical injury to an occupant;

prevents the equipment from adequately performing

its intended function; or that otherwise endangers the

occupants or the structure.

From the Purpose section

The purpose of Chapter 6 is to establish minimum performance

requirements for electrical and mechanical facilities

and to establish minimum standards for the safety

of such facilities.

The intent of Chapter 6 is to abate any potential fire or explosion hazard;

is a potential cause of asphyxiation or carbon monoxide poisoning.

No where in the IPMC does it specify that the house has to be "cooled" to a specific temperature. I don't like it either but in my opinion you cannot require the AC to work as intended. Only the heating!


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## fatboy (Sep 13, 2011)

I'll agree to disagree.


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## Mule (Sep 13, 2011)

Okay! Me too!


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## Codegeek (Sep 13, 2011)

I'd have to agree with Mule on this one.  The IPMC does not require cooling, only heating.  The requirements on maintaining the mechanical equipment have to do with safety provisions in order to prevent issues such as problems with carbon monoxide from occuring.


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## Pcinspector1 (Sep 14, 2011)

I agree with mule's points on this.

But I still would do an inspection on a saftey related issue, like overloading the circuit & wiring issues on the A/C unit or in the case of a window unit being properly secured in the window if called by the tenant.

pc1


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## karmann33 (Sep 28, 2011)

I agree with Fatboy here. Any mechanical equipment provided must function. While a/c is not required but, supplied it must function properly. As I stated in an earlier post we have had landlords remove the condenser completely and it wasn't in the tenant lease agreement to provide a/c and we couldn't do anything about it. If it's there it has to function properly.


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## knightj (Sep 28, 2011)

Whats the definition of function properly? Turn on and off, blow air, how cool? I agree with Mule on this one it is not required equipmet. If not a safety hazard I leave it alone. If it is in the lease to provide AC then its a matter between the landlord and tennant.


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