[HISTORY: Adopted by the Board of Supervisors
of the Township of Derry 1-24-2012 by Ord. No. 620.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 143,
Property Maintenance, adopted 7-13-2004 by Ord. No. 533.
The Township of Derry hereby adopts the 2009 International Property
Maintenance Code, including Appendix A, with the revisions established
in this chapter.
The following sections of the 2009 International
Property Maintenance Code are hereby revised to read as follows:
A.
101.1 Title. These regulations shall
be known as the "Property Maintenance Code of the Township of Derry,"
hereinafter referred to as "this code."
B.
103.5 Fees. Section 103.5 is deleted
in its entirety.
C.
106.3 Prosecution of violation. Any person
failing to comply with a notice of violation or order served in accordance
with Section 107 shall be deemed guilty of a summary offense. If the
notice of violation is not complied with, the Township shall institute
the appropriate proceeding at law or in equity to restrain, correct
or abate such violation, or to require the removal or termination
of the unlawful occupancy of the structure in violation of the provisions
of this code or of the order or direction made pursuant thereto. Any
action taken by the authority having jurisdiction on such premises
shall be charged against the real estate upon which the structure
is located and shall be a lien upon such real estate.
D.
106.4 Violation penalties. Any person, firm, or corporation
who shall violate any provision of this code, upon conviction thereof
in an action brought before a district justice in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not less
than $100 nor more than $1,000 for each separate offense and, in default
of the payment of such fine, may be sentenced to imprisonment for
90 days, or to the extent allowed by law for the punishment of summary
offenses. Each day that a violation of this chapter continues or each
section of this chapter which shall be found to have been violated
shall constitute a separate offense.
E.
110.1 General. The code official shall order the owner
of any premises upon which is located any structure, which in the
code official's judgment, after review, is so deteriorated or
dilapidated or has become so out of repair as to be dangerous, unsafe,
unsanitary or otherwise unfit for human habitation or occupancy, and
such that it is unreasonable to repair the structure, to demolish
and remove such structure; or if such structure is capable of being
made safe by repairs, to repair and make safe and sanitary, or to
board up and hold for future repair or to demolish and remove at the
owner's option; or where there has been a cessation of normal
construction of any structure for a period of more than two years,
the code official shall order the owner to demolish and remove such
structure, or board up until future repair. Boarding the building
up for future repair shall not extend beyond one year, unless approved
by the building official. Refer to Appendix A for installation requirements.
F.
302.4 Weeds. All premises and exterior property shall
be maintained free from weeds or plant growth in excess of six inches.
All noxious weeds shall be prohibited. Weeds shall be defined as all
grasses, annual plants and vegetation, other than trees or shrubs;
provided, however, that this term shall not include cultivated flowers
and gardens.
Upon failure of the owner or agent having charge of a property
to cut and destroy weeds after service of a notice of violation, he
or she shall be subject to prosecution in accordance with Section
106.3 and as prescribed by the authority having jurisdiction. Upon
failure to comply with the notice of violation, any duly authorized
employee of the jurisdiction or contractor hired by the jurisdiction
shall be authorized to enter upon the property in violation and cut
and destroy the weeds growing thereon, and the costs of such removal
shall be paid by the owner or agent responsible for the property.
G.
303.2 Enclosures. Private swimming pools, hot tubs and
spas containing water more than 24 inches (610 mm) in depth shall
be completely surrounded by a fence or barrier at least 48 inches
(1,219 mm) in height above the finished ground level measured on the
side of the barrier away from the pool. Gates and doors in such barriers
shall be self-closing and self-latching. Where the self-latching device
is less than 54 inches (1,372 mm) above the bottom of the gate, the
release mechanism shall be located on the pool side of the gate. Self-closing
and self-latching gates shall be maintained such that the gate will
positively close and latch when released from an open position of
six inches (152 mm) from the gatepost. No existing pool enclosure
shall be removed, replaced or changed in a manner that reduces its
effectiveness as a safety barrier.
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Exceptions:
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1.
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Enclosures legally constructed in accordance with prior building
codes of Derry Township may be maintained to provide the amount of
protection required by the building code of Derry Township applicable
to the enclosure at the time of construction.
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2.
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Spas or hot tubs with a safety cover that complies with ASTM
F 1346 shall be exempt from the provisions of this section.
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H.
304.14 Insect screens. During the period from March
15 to November 15, 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 of not less
than 16 mesh per inch (16 mesh per 25 mm), and every swinging door
shall have a self-closing device in good working condition.
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Exception: Screens shall not be required where
other approved means, such as air curtains or insect-repellent fans,
are employed.
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I.
304.18.1 Doors. Section 304.18.1 is deleted in its entirety.
J.
602.3 Heat supply. Every owner and operator of any building
who rents, leases or lets one or more dwelling unit, rooming unit,
dormitory or guestroom on terms, either expressed or implied, to furnish
heat to the occupants thereof shall supply heat during the period
from September 1 to May 31 to maintain a temperature of not less than
68° F. (20° C.) in all habitable rooms, bathrooms, and toilet
rooms.
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Exceptions:
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1.
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When the outdoor temperature is below the winter outdoor design
temperature for the locality, maintenance of the minimum room temperature
shall not be required, provided that the heating system is operating
at its full design capacity. The winter outdoor design temperature
for the locality shall be as indicated in Appendix D of the International
Plumbing Code.
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2.
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In areas where the average monthly temperature is above 30°
F. (-1° C.), a minimum temperature of 65° F. (18° C.)
shall be maintained.
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K.
602.4 Occupiable work spaces. Indoor occupiable work
spaces shall be supplied with heat during the period from September
1 to May 31 to maintain a temperature of not less than 65° F.
(18° C.) during the period the spaces are occupied.
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Exceptions:
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1.
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Processing, storage and operation areas that require cooling
or special temperature conditions.
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2.
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Areas in which persons are primarily engaged in vigorous physical
activities.
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L.
704.3 Power source. In Group R occupancies and in dwellings
not regulated as Group R occupancies, single-station smoke alarms
shall receive their primary power from the building wiring, provided
that such wiring is served from a commercial source and shall be equipped
with a battery backup. Smoke alarms shall emit a signal when the batteries
are low. Wiring shall be permanent and without a disconnecting switch
other than as required for overcurrent protection.
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Exception for Group R occupancies other than R-3: Smoke alarms are permitted to be solely battery operated in buildings
where no construction is taking place, buildings that are not served
from a commercial power source and in existing areas of buildings
undergoing alterations or repairs that do not result in the removal
of interior wall or ceiling finishes exposing the structure, unless
there is an attic, crawl space or basement available which could provide
access for building wiring without the removal of interior finishes.
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Exception for Group R-3 occupancies: Smoke alarms
are permitted to be solely battery operated in buildings where no
construction is taking place, or where alterations, additions, or
repairs are being made; or in buildings not served by a commercial
power source.
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M.
704.4 Interconnection. Where more than one smoke alarm
is required to be installed within an individual dwelling unit in
Group R-2 and R-4, and in dwellings not regulated as Group R occupancies,
the smoke alarms shall be interconnected in such a manner that the
activation of one alarm will activate all of the alarms in the individual
unit. The alarm shall be clearly audible in all bedrooms over background
noise levels with all intervening doors closed.
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Exceptions:
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1.
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Interconnection is not required in buildings which are not undergoing
alterations, repairs, or construction of any kind.
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2.
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Smoke alarms in existing areas are not required to be interconnected
where alterations or repairs do not result in the removal of interior
wall or ceiling finishes exposing the structure, unless there is an
attic, crawl space or basement available which could provide access
for interconnection without the removal of interior finishes.
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