RENTAL HOUSING STANDARDS

Tupelo Code of Ordinances ch. 7, art. XII, div. 2

in effect

Tupelo Code of Ordinances § 7-215 Sanitary facilities.

Sec. 7-215. - Sanitary facilities. Removal of garbage. The owner, agent or manager of a rental housing unit shall provide for the removal of garbage and refuse by a properly registered and authorized refuse hauler sufficient to maintain a clean and sanitary condition on the premises or shall require the tenant, lessee or occupant to provide such service from a properly licensed and authorized refuse hauler. 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 a refuse hauler providing residential waste collection under contract with the City of Tupelo. Placing such materials or allowing such materials to be placed on the right-of-way shall be a violation of this section. (Ord. of 11-1-11(2), § 1; Ord. of 9-4-2018(1)))

Tupelo Code of Ordinances § 7-216 Food preparation facilities.

Sec. 7-216. - Food preparation facilities. (a) General provision. Every rental housing unit shall have a kitchen or kitchen area with suitable space and equipment to store, prepare and serve food in a sanitary manner. Adequate facilities for the disposal of food waste and refuse shall also be provided. (b) 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. Each kitchen sink shall be of seamless construction and impervious to water and grease. The interior surfaces shall be smooth with rounded internal angles and corners, easily cleanable and free from cracks or breaks that leak or may injure a person. Lavatory basins and bathtubs are not acceptable substitutes for required kitchen sinks. (c) Water-seal traps. Kitchen plumbing fixtures shall be separately trapped by a water-seal trap that will eliminate the passage of sewage gases into the kitchen. The water-seal traps shall be located as near the outlet as possible. (d) 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. (e) Oven and range or stove. (1) 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 and range or stove is provided by the tenant per the rental agreement, the owner, agent or manager is exempt from the provisions of this section. (2) Every oven and range or stove shall be equipped with an overhead range hood or downdraft exhaust equipment to vent grease and smoke from the kitchen or kitchen area and shall comply with Section 505.2 of the 2018 International Mechanical Code and Section M1503.2 of the 2018 International Residential Code. (3) Freestanding or built-in ranges shall have a vertical clearance above the cooking top of not less than thirty (30) inches to unprotected combustible material. (f) 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. (g) 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. (h) 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. (i) Removal of garbage. The owner, agent or manager of a rental housing unit shall provide for the removal of garbage and refuse by a properly licensed and authorized refuse hauler sufficient to maintain a clean and sanitary condition on the premises or shall require the tenant, lessee or occupant to provide such service from a properly licensed and authorized refuse hauler. (Ord. of 11-1-11(2), § 1; Ord. of 9-6-2022(1), § 4)

Tupelo Code of Ordinances § 7-217 Electrical service and lighting.

Sec. 7-217. - Electrical service and lighting. (a) General provision. 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. (b) Habitable rooms; outlets and lights. Every habitable room shall contain at least two (2) electrical convenience outlets and either a permanently installed light fixture controlled by a wall switch or an additional electrical convenience outlet controlled by a wall switch. Ceiling or sidewall light fixtures controlled by a wall switch shall be required in all kitchens or kitchen areas. In addition to the above minimum requirements, every owner, agent and manager shall provide sufficient electrical outlets to service the appliances and fixtures furnished by the owner, agent or manager and located within the room. (c) Other rooms; outlets and lights. Every laundry room, bathroom and toilet compartment shall contain at least one permanently installed ceiling or sidewall light fixture controlled by a wall switch. In addition to the above minimum requirements, every owner, agent and manager shall provide sufficient electrical convenience outlets to service the appliances and fixtures furnished by the owner, agent or manager and located within the room. Every bathroom shall have a least one (1) permanently installed GFCI electrical convenience outlet. (d) Ground-fault circuit-interrupters. All electrical convenience outlets installed 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. (e) Stairway and hall lights; except public. Every stairway and hall, except public or common stairways and halls, shall contain at least one ceiling or sidewall light fixture controlled by a wall switch except where light is available from a permanent source or an adjacent space. The switch or switches shall be located so as not to have to traverse darkened areas to access them. (f) Stairway and hall lights; public. Every public or common stairway, hallway, corridor or breezeway in or leading into multifamily dwellings shall be lighted, by natural or artificial means, at all times. (g) Exterior entrances; multifamily. Every building serving four (4) or more rental housing units shall have the main building entrances lighted with specific lighting during nighttime hours. 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. (h) Exterior areas; multifamily. Every common area, accessory use area, aisle, passageway, pedestrian walkway and sidewalk of buildings serving four (4) or more rental housing units shall be lighted with specific lighting during nighttime hours. (i) Parking lots; multifamily. Common parking lots and covered and uncovered parking areas serving four (4) or more rental housing units shall be lighted with specific lighting during nighttime hours. (j) Mailboxes; multifamily. Postal service "gang boxes" in buildings serving four (4) or more rental housing units shall be lighted with specific lighting during nighttime hours. (k) 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 unpro-tected by proper covering; fixtures in disrepair; tacked extension cording; or makeshift wiring, outlets or fixture repairs or which may injure a person. (Ord. of 11-1-11(2), § 1)

Tupelo Code of Ordinances § 7-218 Thermal environment.

Sec. 7-218. - Thermal environment. (a) General provision. Every rental housing unit shall contain safe heating equipment and system 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. (b) Heating requirements. Every rental housing unit shall have heating, under the tenant's control, capable of safely heating all habitable rooms, bathrooms and flush toilet rooms located therein to a temperature of at least seventy degrees (70°) Fahrenheit at a distance three (3) feet above floor level in the center of the room. Required heating shall be provided by permanently installed heating facilities. (c) Unvented combustion heaters; 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. (d) Cooking appliances as heaters; 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. (Ord. of 11-1-11(2), § 1)

Tupelo Code of Ordinances § 7-219 Doors; windows; ventilation.

Sec. 7-219. - Doors; windows; ventilation. (a) General provision. Every rental housing unit shall have doors and windows which provide adequate natural light and ventilation to permit normal indoor and activities and support the health and safety of the occupants while providing protection from the elements and privacy for the occupants. (b) Habitable rooms; natural light. Every habitable room within a rental housing unit shall have at least one exterior glazed opening, facing directly to the outside, to provide natural light. The total glazed area for each habitable room shall be not less than ten (10) square feet. Kitchens and kitchen areas shall not be required to meet the glazed exterior opening requirement. (c) Habitable rooms; ventilation. Every habitable room within a rental housing unit shall have at least one openable exterior opening, vented directly to the outside air, to provide natural ventilation. The total area of openable venting for each habitable room shall be not less than five (5) square feet. Habitable rooms, except those used for sleeping, shall not be required to meet the openable exterior opening requirement if mechanical ventilation is provided. Kitchens and kitchen areas shall not be required to meet the openable exterior opening requirement if mechanical ventilation is provided. (d) Other rooms; ventilation. Every bathroom, flush toilet room and laundry room shall have at least one openable exterior opening, vented directly to the outside air, to provide natural ventilation. The total area of openable venting shall be not less than one and one-half (1½) square feet. Bathrooms, flush toilet rooms and laundry rooms shall not be required to meet the openable exterior opening requirement if mechanical ventilation is provided. (e) Screened openings. Any rental housing unit which is cooled by mechanical cooling or other similar venting, shall have at least one openable exterior opening which is screened. All required screens shall be free from tears, holes or imperfections of the frame that may admit insects and other vermin detrimental to the health of the occupants. Any screens which are provided by the owner, agent or manager shall be maintained in sound condition and in good working order. (f) Glazing. Glazed areas shall be soundly glazed and free from missing, loose, cracked or broken glass that may injure a person, allows the elements or vermin to enter the structure, allows air escape or infiltration, or otherwise diminishes the thermal efficiency of the structure. (g) 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. (h) 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. Any hollow core or solid core doors leading into rental housing units which are replaced after the effective date of this code, shall be replaced with solid core or metal wrapped doors that have a sound transmission rating at least equal to the rating of the door being replaced. (i) Interior doors. Interior doors, door hardware and door frames shall be maintained in sound condition free from holes, breaks or cracks and capable of the use intended by their design. They shall also be capable of affording privacy to the occupants. (Ord. of 11-1-11(2), § 1)

Tupelo Code of Ordinances § 7-220 Space and occupancy.

Sec. 7-220. - Space and occupancy. (a) General provision. 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. (b) Floor area; rental housing unit. Every rental housing unit shall have at least two hundred twenty (220) square feet of total room area and shall contain at least one common room having not less than one hundred twenty (120) square feet. (c) Floor area; habitable room. Every habitable room, except a kitchen, shall have not less than seventy (70) square feet of habitable room area and shall not be less than seven (7) feet in any dimension. (d) Occupancy load; sleeping room. Every rental housing unit shall contain at least one bedroom or living/sleeping room of appropriate size for each two (2) persons. Every room occupied for sleeping purposes by one person shall contain at least seventy (70) square feet of habitable room area and every room occupied for sleeping purposes by two (2) people shall contain at least fifty (50) square feet of habitable room area for each person. (e) Occupancy Load; Rental Housing Unit. Every rental housing unit shall provide at least two hundred twenty (220) square feet of floor area for the first two (2) occupants and one hundred (100) square feet of floor area for each additional occupant. The floor area is to be calculated on the basis of total dwelling unit area. (f) Bedroom access. In any rental housing unit that has more than one bedroom, access to any bedroom shall not be through another bedroom or a bathroom. (g) Bathroom access. In any rental housing unit, the occupants of each bedroom must have access to a bathroom without going through another bedroom. (h) Interior access. In any rental housing unit, access to bedrooms and bathrooms shall be from within the unit. (Ord. of 11-1-11(2), § 1)

Tupelo Code of Ordinances § 7-221 Safety and security.

Sec. 7-221. - Safety and security. (a) General provision. Every rental housing unit shall have security devices 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. (b) Stairway; tripping hazard. Every inside and outside stairway shall be maintained in sound condition and free from any broken, rotted or missing steps or tripping hazards. (c) Stairway; handrail. Every inside and outside stairway which contains three (3) or more risers shall be provided with a handrail in sound condition securely fastened to a wall or balusters. (d) Stairway; guardrail and enclosures. Every stairway which exceeds thirty (30) inches in height shall be protected by a guardrail and enclosure material in sound condition. The openings in the enclosure material shall be of a size to prohibit a spherical object four (4) inches in diameter from passing through or under. (e) Balcony and porch; guardrail and enclosures. Every balcony or porch higher than thirty (30) inches above the ground shall be protected by a guardrail and enclosure material in sound condition. The openings in the enclosure material shall be of a size to prohibit a spherical object four (4) inches in diameter from passing through or under. (f) Locking devices; 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. Specific requirements are as follows: (1) Swinging exterior doors leading into rental housing units shall have thumb turn dead bolt locks with a minimum one inch throw; and (2) Sliding doors shall be provided with a locking device or devices which prevent lifting or sliding of the locked door from the exterior of the unit. (g) Door viewers. Every principal entrance door shall be equipped with at least a one hundred sixty degree (160°) eyeviewer. Principal entrance doors which contain a window or have an adjacent window which allows a view of the area directly in front of the door, shall not require an eyeviewer. (h) Locking devices; 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. (i) 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 Chapter 7 of the International Code Council Property Maintenance Code (IPMC). The owner shall be responsible for the installation, replacing the battery annually (if battery operated) and maintaining appropriate records of required smoke detectors. 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. (Ord. of 11-1-11(2), § 1)

Tupelo Code of Ordinances § 7-222 Maintenance.

Sec. 7-222. - Maintenance. (a) General provision. 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. (b) Interior; holes, cracks or breaks. Every floor, interior wall and ceiling, cabinet 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 insects or rodents, 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, rodents or vermin. (c) Interior; paint and plaster. Every floor, interior wall and ceiling, cabinet and all appurtenances thereto shall be kept free of any loose, cracked, scaling, chipping or peeling paint or plaster. All interior painted surfaces shall be painted with paint which is lead free. (d) 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. (e) Floor coverings; deteriorated, unsafe, 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. (f) Exterior; weather tight, 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. (g) 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; (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 weather tight 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; and (4) Replacement materials and paint used to repair or repaint exterior surfaces of a rental housing unit shall be visually compatible with the remainder of the materials and paint on the exterior of the unit. (h) Landscaping. Every rental housing unit shall have landscaping in all yard areas which are visible from a public street, alley or sidewalk or a neighboring property. Such landscaping shall be installed and maintained so as to enhance the appearance and value of the property on which it is located and shall not present a deteriorated or slum-like appearance. (i) Exterior areas; tripping hazards. Every common area, sidewalk, driveway, parking lot and parking area of rental housing units shall be free from holes, depressions or projections that may cause tripping or may injure a person or otherwise present a hazard, including damage to a vehicle. (j) Inoperable vehicles; common parking areas. Common parking lots and parking areas, serving more than one (1) rental housing unit, shall be maintained free from the storage of abandoned, wrecked, dismantled, unregistered or inoperable vehicles. (k) Inoperable vehicles; other areas. Parking areas serving only one (1) rental housing unit, shall be maintained free from the storage of wrecked, dismantled or inoperable vehicles. It is an affirmative defense to a violation of this subsection based on a wrecked, dismantled or inoperable vehicle, that the vehicle was titled to a resident of the property, that the vehicle was undergoing repair, and that the wrecked, dismantled or inoperable vehicle was repaired and any evidence of the repairs was removed within fourteen (14) days after the repair was begun. (l) Swimming pools; maintenance. All swimming pools, architectural pools and spas shall be properly maintained so as not to create a safety hazard, harbor insect infestation or create a deteriorated or slum-like appearance. (m) 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. (n) 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. (o) 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. (p) 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. (q) 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. (Ord. of 11-1-11(2), § 1)

Tupelo Code of Ordinances § 7-223 Owning, occupying, or controlling a chronic nuisance property.

Sec. 7-223. - Owning, occupying, or controlling a chronic nuisance property. All persons owning or controlling rental property in the City of Tupelo must maintain that property free from any nuisance activities. Any owner of rental property that knowingly disregards warnings to abate nuisance activities at their rental property is in violation of the chronic nuisance property ordinance and the Rental Housing Code. All rental property in the City of Tupelo is subject to the chronic nuisance ordinance contained in this article, sections [7-310] through [7-316]. Any rental property deemed a chronic nuisance property under the terms of sections [7-310] through [7-316] of [this article] is subject to license revocation under section 7-205 of the Rental Housing Code and to any civil and criminal penalties outlined in the [this article] or Comprehensive Ordinance Enforcement Code, Ch. 28. (Ord. of 12-15-2020(1))

Source: City of Tupelo, Mississippi, Code of Ordinances and Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/ms/tupelo/codes/code_of_ordinances?nodeId=COOR_CH7BUBURE_ARTXIIREHOCO_DIV2REHOSTFetched: 11/1/2026