V.A. BSC Habitability Code

V.A.I. HAB CODE INTRODUCTION

A. The purpose of this policy is to set up systems to ensure that all BSC units are habitable prior to the start of each semester, and that they will continue to be habitable throughout the semester.

B. There are three groups that share responsibility for ensuring that this policy is implemented.

1. The BSC is responsible for educating unit management during pre-semester training and attending to problems that require large commitments of time and money (e.g., Board Approved Projects)

2. Unit management is responsible for educating their members about achieving and maintaining BSC habitability standards. They are also responsible for coordinating the correction of all habitability problems that can be solved by use of workshifts, minor maintenance projects, and/or other means easily available to them, and to do so before they are required by the Maintenance Coordinator (MC) or his/her designee.

3. Members Rights And Responsibilities

a. Members are entitled to see that their unit is meeting the below guidelines to the extent that it is required to, and that problems falling under these guidelines are dealt with as they occur

b. Members are responsible for: adequately performing all workshifts assigned to them, participating in correcting habitability problems, and not creating habitability problems.

i. Members should make those responsible in the house aware of problems as they occur.

ii. Members are also responsible for pursuing all available house means (including talking to the unit manager and going to the unit council) before requesting action from Central Level.

C. Units are generally considered to be habitable when they are reasonably clean and free from debris, and when there are no other problems which place them outside legal requirements (e.g., health codes), or prevent members from the use of commons areas or their individual rooms.

D. To facilitate this, there will be a Safety and Habitability inspections to ensure that habitability guidelines are met and that houses have the means for clean-ups prior to the start of each semester.

V.A.II. BSC HABITABILITY GUIDELINES

A. All BSC units shall abide by all applicable codes (local, state, BSC Safety policy, etc.) for health, fire, earthquake, physical plant, etc. BSC habitability codes may supplement but may not contradict or limit existing laws and codes.

B. BSC habitability guidelines for cleanliness apply to public areas and grounds (including yard, dumpster, driveway, porch/deck/balcony, etc.) of a unit - those areas that are accessible to the membership of a unit. If conditions in private areas (limited access) adversely affect the habitability of public areas, the BSC habitability code may be applied to those areas.

1. These areas shall be clear of debris, obstructions, and excessive dirt.

2. Bathrooms must be cleaned regularly, and must be kept in a sanitary condition (as defined by applicable codes).

3. The BSC shall maintain a pest control service to address infestations and prevent further occurrences.

4. It is each unit’s responsibility to maintain their trash, compost and recycling program in accordance with BSC and City of Berkeley policy.

C. BSC habitability guidelines for physical plant (structural integrity, heating, electricity, water, ventilation, etc) apply to all parts of the unit.

1. Members have the right to: sufficient lighting to permit studying in their rooms

2. Windows shall have glass, and be able to be opened and closed.

D. BSC habitability Guidelines for commercial kitchen areas shall follow all codes (local, city, Central Kitchen etc.)

1. Units shall have available for use sufficient crockery (plates, bowls, glasses etc.) and cutlery to provide service for 100% of membership.

2. Members doing workshift (including cooking) in commercial kitchens shall abide by State personal hygiene codes. This code must be visibly posted in the kitchen area.

3. Pertinent health codes (as determined by Central Kitchen) and city kitchen inspections shall be posted in public areas.

4. The bathroom closest to the kitchen area will be subject to City Health Inspections.

E. House Level Habitability Policy

1. A house may supplement the BSC Habitability Code under the following conditions inclusively:

a. It follows all relevant local, city, etc. codes;

b. It is made known to the Capital Affairs Committee;

c. An absolute majority of the residents approve the policy;

d. The House Level Policy, at a minimum, conforms to this Code.

V.A.III. PRIORITIZATION OF HABITABILITY CORRECTIONS OF HAB CODE

A. The following are expected to be in good repair when a member moves in. If broken during the course of the semester, they must be repaired or a House Level Manager must give written notice to Central Maintenance, who must make every reasonable effort to repair within one (1) working day.

1. Locks: There must be at least a deadbolt on every door to a member’s room.

2. Windows: Broken glass must be covered within 24 hours after the break is reported.

3. Security Risks: Security problems involving commons area doors and windows

4. Items in Halls, stairwells or on Fire Escapes: Items in halls or on fire escapes must be removed if they create a fire hazard or block passage.

5. Electrical Problems; no power to the building or a large part of the building.

6. Empty or Missing Fire Extinguishers: Must be replaced.

B. The following are of lesser priority than those listed above. Upon complaint, the house must take action or call Central Maintenance within three (3) working days.

1. Leaks: Must be repaired or water diverted from entering unit premises.

2. Potential Electrical Problems: Some examples are unsafe wiring or partial loss of electricity to a room.

3. Structural Problems that present a clear and present danger of an immediate hazard.

4. Repair of Window: Broken glass must be fixed within three (3) calendar days.

5. Plumbing: Toilets drain clogs, leaking traps, and such.

6. Heaters: Individual solutions will be arranged with the MC or a designee of the MC.

C. The following items form the lowest priority group and should be repaired as noted.

1. Items in Halls: Items in halls that do not create a fire hazard (in the opinion of the MC or a designee of the MC) must be removed within one week of a complaint.

2. Holes in Walls: Holes, larger than four inches in diameter, in walls should be repaired within the semester. Priority should be given to member’s rooms.

3. Windows: Windows stuck shut should be repaired within the semester.

4. Cracked Glass: Cracked glass is considered tolerable unless there is a problem with leaks in which case the problem should be treated like a leak.

5. Plumbing: dripping faucets, and such.

D. The following should be referred to Central Level.

1. Bugs and Vermin: Central Kitchen should be notified immediately if there is a problem. They will begin to work on a solution, immediately.

2. Kitchen Cleanliness: Central Kitchen or a designee of Central Kitchen will inspect kitchens, based on their inspection schedules, and work with the houses to ensure that houses meet city health codes.

3. Trash/recycling Areas: Houses are expected to keep their trash areas reasonably clean; they must not be a health or safety problem. Central Kitchen should be notified immediately if there is a problem.

4. Food and Snack Areas: The Food Service Coordinator or designee will work with the houses to keep these areas clean.

V.A.IV METHODS OF CORRECTION AS PER HAB CODE

A. If there are cleanliness habitability problems as defined in II (Habitability Guidelines) above, the unit is expected to rectify the problem by allocating workshifts, supplies, and/or other available means.

1. CM will provide self-inspections instructions at least fourteen days before the beginning of the contract, which will be posted throughout the house.

a. Houses shall conduct self-inspections using the forms supplied by CM to determine the safety and habitability problems that need to be corrected by the first day of the contract.

b. If these problems affect the health or safety of house members or the protection of BSC property, or if they constitute a violation of the BSC contract, they must be rectified by the house . If corrections are not made, then section III.D. goes into effect. All expenses of non-capital items, including Central Level labor costs, shall be assumed by the unit. The unit shall have the right of appeal to the Capital Affairs Committee.

2. Correction of habitability problems in private space as defined by II.B. is the responsibility of that member or members. Unit management may direct members to correct violations within 48 hours. At the end of this period, if the violations have not been corrected, unit resources may be used to correct the violations. All charges will be applied to the member(s) accounts.

B. If there are habitability problems with the physical plant including, but not limited to, those defined in sections II.A. through II.D. of the BSC Habitability Guidelines affecting the safety or comfort of member(s), it is the responsibility of the unit to insure a repair or improvement plan is effected within one week, in collaboration with Central Maintenance, if applicable.

1. If a Board Approved Project is required to correct a habitability problem with the physical plant, then it shall be performed with all expenses being borne by the BSC if funds exist to perform such work. If funds do not exist, it shall be brought to the attention of the Capital Affairs Committee and considered as a BAPS proposal for the following year.

a. CACom may direct a unit to correct a physical plant problem immediately using their own funds if the problem has been caused by neglect, vandalism, or malicious damage by house members or their guests.

2. If a house has not rectified the problem within one month or the schedule specified by the repair plan, whichever is longer, then steps shall be taken to rectify the problem as defined in sections C and D below. All repairs and expenses, including Central Level labor costs shall be borne by the unit. The unit shall have the right of appeal to the CACom.

C. The CK Sub-4-Pay and CM On Call Maintenance crew shall be hired in accordance with the personal code as temporary workers. Central Kitchen and Central Maintenance shall keep a list of temporary workers. These crews will assist at units where the membership is unable or unwilling to affect the repairs.

D. If the temporary workers are unable to resolve the problems, Central Level may, at its discretion, hire outside contractors to correct the problems. All charges for these services will be divided among unit membership and applied to their accounts

E. Central Maintenance can purchase needed supplies if the house refuses and charge the house.

V.A.V ENFORCEMENT OF HAB CODE

A. In order to ensure that the requirements of this policy are being met, Safety and Habitability inspections shall be made of each BSC unit at least three times per semester in fall and spring contract and twice during summer contract, at regular intervals. The established schedule of inspections shall be as follows: one inspection during the first week of UC classes, one inspection within thirty days of the first inspection; and one inspection within thirty days of the end of the contract to warn houses of potential problems that must be corrected before the beginning of the next semester.

1. An inspection may be requested by a member of a unit at any time. The BoD may also request an inspection at any time. If a member begins the process of canceling his/her contracts based on areas cited in this policy, then the Housing Department shall notify Central Maintenance, and an inspection shall occur. These inspections shall be carried out within 48 hours. If an inspection cannot occur within 48 hours, the Maintenance Coordinator shall give a written explanation to the BoD.

3. Reports shall be kept from all inspections. They will list any habitability problems, and the overall condition of the unit.

a. Copies shall be sent to:

i. All House Level Managers.

ii. The unit, for public posting therein.

b. Copies shall be made available to:

i. The Executive Director, Operations Manager, Warehouse Supervisor and Maintenance Coordinator.

ii. The BSC President and Safety & Maintenance Committee Chair.

iii. The Board of Directors.

4. Specific issues that shall be brought to the attention of the Executive Director and Operations Manager by the Warehouse Supervisor and Maintenance Coordinator include a single, extremely severe habitability issue that requires immediate attention, or a recurring pattern of minor infractions that may indicate a ongoing problem within the unit.

B. If a member complains directly to Central Level about a habitability problem the unit management must be notified immediately. Corrections shall be effected as in Section III and Section IV above.