Good golly! Maybe it IS time to move!!! (Austin: rentals, house)

[CptnRn]

Originally Posted by cBach

+1 because I can't give you any more +1's. Perfect song for this regulation.

Ditto on the +1's, great tune. I had never heard it before.

This proposed ordinance does feel like extensive overreach by the City to me. Which I find offensive.

[Trainwreck20]

Originally Posted by CptnRn

I had never heard it before.

I had not either, but I have a friend that plays in a band (Tin Roof) named after that song. They do a lot of benefit shows and small venues, and they do make for a relaxing evening.


https://www.youtube.com/watch?v=q0K5xDGKrtc

[CptnRn]

Originally Posted by cBach

Ok then this is obviously aimed at food trucks. I've seen questionable practices at some but not most food trucks.

The biggest thing is I've seen bees hover near snow cone stands. They like that sweet syrup.

It is aimed at homes, see the wording below. Wouldn't the requirement for food trucks already be covered by the enforcement for restaurants described below?

Public Input | AustinTexas.gov - The Official Website of the City of Austin The above text is bolded because the International Property Maintenance Code (IPMC) standards apply only for homes that do not have mechanical ventilation (such as air conditioning). In other words, the “required for ventilation” language refers to openings that serve as the building’s primary source of ventilation. A home with an air conditioning system would not be required to install insect screens under the IPMC language.

Currently, no codes are in place to enforce insect screens in homes and apartment buildings, though the Austin Health Department does enforce screens for restaurants.

[cBach]

I don't think the Austin Health Department enforces screens. Just look at Docs during the spring (April 2016 shot):

https://www.google.com/maps/@30.3057...7i13312!8i6656

If you see the summer/winter shot the windows are closed as AC/heat is flowing but during the spring it is opened all the way up to the bar with no screens at all. I can think of tons of other restaurants like this.

Same shot during July 2017 (closed as AC is cranking):
https://www.google.com/maps/@30.3057...7i13312!8i6656

Same shot during Feb 2014 (closed as heat is cranking):
https://www.google.com/maps/@30.3057...7i13312!8i6656

[Trainwreck20]

But you have to look at it from a 'legal' angle and look carefully at the specific wording:

every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens

If you could turn on the AC instead of opening the windows, then you technically are not required to have screens, at least as I read it.

[cBach]

Originally Posted by Trainwreck20

But you have to look at it from a 'legal' angle and look carefully at the specific wording:



If you could turn on the AC instead of opening the windows, then you technically are not required to have screens, at least as I read it.

Well that's why we have lawyers. Any law can be interpreted in different ways.

[Trainwreck20]

Originally Posted by cBach

Well that's why we have lawyers. Any law can be interpreted in different ways.

True. I deal with regulation, though, and while not a lawyer I do end up in a court room often enough... Regardless of what interpretation a lawyer makes, a judge is usually has the final say.

In any case, the words are the starting point. Depending on the judge, a considerable weight will be given to the 'preamble' which usually discusses what the intent of the rule is. Has there been any discussion anywhere that mentions what exactly this rule is trying to accomplish?

Ah, just went to the city page (Novacek had linked it earlier):
http://www.austintexas.gov/article/public-input-0

So, it seems that restaurants are already covered by the Austin Health Department. This is intended for residences. It specifically states "A home with an air conditioning system would not be required to install insect screens".

So, how many homes/apartments does this really affect? Is this related to mosquito-borne disease? Why should I care if someone decides to (or not to) install screens? More importantly, why should I tell them to? Not saying there is a reason, I just don't know what it is.

[cBach]

Originally Posted by Trainwreck20

True. I deal with regulation, though, and while not a lawyer I do end up in a court room often enough... Regardless of what interpretation a lawyer makes, a judge is usually has the final say.

In any case, the words are the starting point. Depending on the judge, a considerable weight will be given to the 'preamble' which usually discusses what the intent of the rule is. Has there been any discussion anywhere that mentions what exactly this rule is trying to accomplish?

Ah, just went to the city page (Novacek had linked it earlier):
Public Input | AustinTexas.gov - The Official Website of the City of Austin

So, it seems that restaurants are already covered by the Austin Health Department. This is intended for residences. It specifically states "A home with an air conditioning system would not be required to install insect screens".

So, how many homes/apartments does this really affect? Is this related to mosquito-borne disease? Why should I care if someone decides to (or not to) install screens? More importantly, why should I tell them to? Not saying there is a reason, I just don't know what it is.

I realize that restaurants are already covered but my point was that it isn't enforced, just looking at Doc's.

So I doubt this will be enforced. It's simply a needless regulation that has no meaning. It gives the city bean counters something else to do but it won't really impact that many people.

[Trainwreck20]

Originally Posted by cBach

I realize that restaurants are already covered but my point was that it isn't enforced, just looking at Doc's.

The AHD may have more explicit rules for restaurants that allow the seating areas to be unscreened - although, it could be like these proposed residential rules and exclude places that have AC, whether it is in use or not.

[austinnerd]

Originally Posted by Trainwreck20

So, it seems that restaurants are already covered by the Austin Health Department. This is intended for residences. It specifically states "A home with an air conditioning system would not be required to install insect screens".

Hmm, interesting, here is what I read:

"The proposed ordinance will be based on the current language found in the International Property Maintenance Code, but Austin can adopt our own local amendment of the international model code concerning insect screens:"

So the proposed Austin reg will be based on the IPMC code, not necessarily exactly the same. Which then leads to:

"A home with an air conditioning system would not be required to install insect screens under the IPMC language." (emphasis mine)

So from the way I see it, COA is NOT saying that folks with AC will be exempt, that will only be true if COA adopts that part of IPMC. I.E. they could in theory decide to not to adopt that exception and could, if so inclined, to make it a blanket requirement.

Not arguing one way or the other, it just seems to me that several people have mentioned that homes with AC WILL be exempt when there appears to be a possibility that it might not be so.