[Ord. 1375, 4/12/2010; as amended by Ord. 1377-10, 5/10/2010,
§ 6]
The Borough of Gettysburg hereby elects to administer and enforce
the Uniform Construction Code and the provisions of the Pennsylvania
Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101
through 7210.1103, as amended from time to time, and the regulations
promulgated by the Pennsylvania Department of Labor and Industry pursuant
to the Act.
[Ord. 1375, 4/12/2010; as amended by Ord. 1377-10, 5/10/2010,
§ 6]
On July 12, 2010, or on such earlier date if authorized to do
so by the Pennsylvania Department of Labor and Industry, the Borough
of Gettysburg shall assume responsibility in the Borough of Gettysburg,
Adams County, Pennsylvania, for all administration and enforcement
of the provisions of the Code.
[Ord. 1375, 4/12/2010; as amended by Ord. 1377-10, 5/10/2010,
§ 6]
Administration and enforcement of the Code within the Borough
of Gettysburg shall be undertaken in any of the following ways as
determined by the Borough Council of the Borough of Gettysburg from
time to time by resolution:
A.
By the designation of an employee of the Borough of Gettysburg to
serve as the Borough code official to act on behalf of the Borough
of Gettysburg.
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Borough of Gettysburg.
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of the Act through an intermunicipal
agreement.
D.
By entering into a contract with another municipality for the administration
and enforcement of the Act on behalf of the Borough of Gettysburg.
E.
By entering into an agreement with the Pennsylvania Department of
Labor and Industry for plan review, inspections, and enforcement of
structures other than one-family or two-family dwelling units and
utility and miscellaneous use structures.
[Ord. 1375, 4/12/2010; as amended by Ord. 1377-10, 5/10/2010,
§ 6]
The Borough of Gettysburg is a party to a joint Board of Appeals
with other municipalities in Adams County, Pennsylvania, pursuant
to an Intermunicipal Agreement Creating a Shared Adams County UCC
Board of Appeals authorized by the Borough Council of the Borough
of Gettysburg in Ordinance No. 1307-05, enacted on July 11, 2005.[1]
[1]
Editor's Note: Ordinance 1307-05 is on file in the office
of the Borough Secretary.
[Ord. 1375, 4/12/2010; as amended by Ord. 1377-10, 5/10/2010,
§ 6]
All relevant ordinances, regulations and policies of the Borough
of Gettysburg not governed by the Code shall remain in full force
and effect.
[Ord. 1375, 4/12/2010; as amended by Ord. 1377-10, 5/10/2010,
§ 6]
Fees assessable by the Borough of Gettysburg for the administration
and enforcement undertaken pursuant to this ordinance and the Code
shall be established by resolution adopted from time to time by the
Borough Council of the Borough of Gettysburg.
[Ord. 1375, 4/12/2010; as amended by Ord. 1377-10, 5/10/2010,
§ 6]
The election of the Borough of Gettysburg to cease all administration
and enforcement responsibilities of the Code pursuant to Ordinance
1332-07, enacted on February 12, 2007, is hereby repealed.
[1]
Editor's Note: Former Part 2, Electrical Code; Part 3,
Fire Prevention Code; and Part 5, Plumbing Code, were repealed 5/10/2010
by Ord. 1377-10, which ordinance also provided for the numbering of
former Part 4 as this Part 2.
[Ord. 1365-09, 9/14/2009, § 1; as amended by Ord.
1377-10, 5/10/2010, § 5; and by Ord. No. 1462-19, 7/8/2019]
That a certain document, three copies of which are on file in
the office of the Borough of Gettysburg, being marked and designated
as the International Property Maintenance Code, 2015 edition, as published
by the International Code Council, be and is hereby adopted as the
Property Maintenance Code of the Borough of Gettysburg for regulating
and governing the conditions and maintenance of all property, buildings
and structures; by providing the standards for supplied utilities
and facilities and other physical things and conditions essential
to ensure that structures are safe, sanitary and fit for occupation
and use; and the condemnation of buildings and structures unfit for
human occupancy and use; and the demolition of such existing structures
as hereby provided; providing for the issuance of permits and collection
of fees therefor; and each and all of the regulations, provisions,
penalties, conditions and terms of said Property Maintenance Code
on file in the office of the Borough of Gettysburg are hereby referred
to, adopted, and made a part hereof, as if fully set out in this ordinance,
with the additions, insertions, deletions and changes, if any, set
forth below.
[Ord. 1365-09, 9/14/2009, § 2; as amended by Ord.
1377-10, 5/10/2010, § 5; and by Ord. 1379-10, 8/9/2010,
§§ 2, 3]
The Property Maintenance Code hereby adopted is amended as follows:
A.
Whenever the term "name of Jurisdiction" or "jurisdiction" is used
in this code, it shall be held to mean the Borough of Gettysburg.
B.
Whenever the term "legal officer" or "legal representative" is used
in this code, it shall be held to mean the Borough of Gettysburg Solicitor.
C.
Whenever the term "board of appeals" or "appeals board" is used in
this code, it shall be held to mean the Borough of Gettysburg Code
Enforcement Appeals Board.
D.
The title of Section 103 is hereby amended to read as follows:
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SECTION 103
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DEPARTMENT OF CODE ENFORCEMENT
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E.
Section 103.1 is hereby amended to read as follows:
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103.1 General. The Borough of Gettysburg Code Enforcement
Officer shall oversee the enforcement of this code.
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F.
Section 103.2 is hereby amended to read as follows:
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103.2 Code official. The Borough of Gettysburg
Code Enforcement Officer shall be the code official charged with the
enforcement of this code.
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G.
Section 103.3 is hereby amended to read as follows:
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103.3 Deputies. During temporary absence or disability
of the code official, the Borough Manager of the Borough of Gettysburg,
or his or her designated employee or agent, shall serve as acting
code official.
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H.
Section 103.5 is hereby amended to read as follows:
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103.5 Fees. The fees for activities and services
performed by the Borough of Gettysburg in carrying out its responsibilities
under this code shall be paid in accordance with a schedule of fees,
established from time to time by resolution of the Borough Council
of the Borough of Gettysburg.[1]
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[1]
Editor's Note: The current fee resolution is on file
in the office of the Borough Secretary.
I.
Section 106.4 is hereby amended to read as follows:
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106.4 Violation penalties. Any person who shall
violate a provision of this code, or fail to comply therewith, or
with any of the requirements thereof, shall, upon conviction thereof,
be sentenced to pay a fine of not more than $1,000 and the cost of
prosecution, including reasonable attorney's fees and code enforcement
costs. Each day that a violation continues after due notice has been
served shall be deemed a separate offense.
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J.
Section 111 is hereby amended to read as follows:
[Amended by Ord. No. 1462-19, 7/8/2019]
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SECTION 111
MEANS OF APPEAL
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111.1 Code Enforcement Appeals Board. Refer to Chapter 1, Part 6, of the Code of Ordinances of the Borough of Gettysburg, which ordinance establishes the Code Enforcement Appeals Board. The Code Enforcement Appeals Board shall hear all appeals under this Property Maintenance Code. Membership of the Board, filing, hearing and decision deadlines, and procedures and administration of appeals shall be governed by the Code Enforcement Appeals Board Ordinance, Ordinance No. 1372-10, enacted on March 8, 2009, as amended.
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K.
(Reserved)[2]
[2]
Editor’s Note: Former Subsection K, which amended Section
111.3 of the 2009 International Property Maintenance Code, was repealed
by Ord. No. 1462-19, 7/8/2019. This ordinance stated that said subsection
“is hereby amended to delete sections 111.2 through 111.8, the
remaining provisions of section 111 of the International Property
Maintenance Code, 2015 edition, relative to means of appeal.”
L.
Section 302.4 is hereby amended to read as follows:
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302.4 Weeds. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of eight
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, this term shall not include cultivated
flowers and gardens.
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Upon failure of the owner, occupant or agent having charge of
a property to cut and destroy weeds after service of a notice of violation,
such person shall be subject to prosecution in accordance with Section
106.4. Upon failure to comply with the notice of violation, the code
official, or any authorized employee or agent of the Borough of Gettysburg,
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, occupant or agent responsible for the
property.
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M.
Section 302.7 is hereby amended to read as follows:
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302.7 Accessory structures. All accessory structures,
including detached garages, fences and walls, shall be maintained
structurally sound and in good repair. All accessory structures designed
for door attachments shall have doors attached and maintained in a
properly working condition.
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N.
Section 302.8 is hereby amended to read as follows:
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302.8 Motor vehicles. Refer to Chapter 10, Subpart 1B, of the Code of Ordinances of the Borough of Gettysburg, which provides for the regulation of storage of motor vehicle nuisances.
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O.
Section 304.3 is hereby amended to read as follows:
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304.3 Premises identification. Buildings shall
have approved address numbers conspicuously placed in a position to
be plainly legible and visible from the opposite side of the public
street or way of vehicular access fronting the property. In addition,
if the rear of a property adjoins a public alley or a way of vehicular
access, a building address number shall also be conspicuously placed
in a position to be plainly legible and visible from the opposite
side of the adjoining public alley or way of vehicular access at the
rear of the property. The color of a building address number is to
be in contrast to its immediate background. A building address number
shall be comprised of Arabic numerals or alphabet letters which shall
be a minimum of three inches in height.
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P.
Section 304.14 is hereby amended to read as follows:
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304.14 Insect screens. During the period from May
1 to October 31, 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 screen door used
for insect control 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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Q.
Section 308.1 is hereby amended to read as follows:
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308.1 Accumulation of rubbish or garbage. It shall
be unlawful for any person to accumulate or cause or permit the accumulation
of garbage, refuse or rubbish on any property or premises within the
Borough of Gettysburg, to include such accumulation within the interior
of any structure or improvement which is located on any such property
or premises.
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R.
Section 309.4 is hereby amended to read as follows:
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309.4 Multiple occupancy. The owner of a structure
containing two or more dwelling units, a multiple occupancy, a rooming
house or a nonresidential structure shall be responsible for extermination
of any insect and rodent infestation in the public or shared areas
of the structure and exterior property. If the insect and rodent infestation
is caused by a failure of an occupant to prevent such infestation
in the area occupied, the occupant shall be responsible for extermination.
Whenever insect and rodent infestation exists in two or more of the
dwelling units in any dwelling, extermination shall be the responsibility
of the owner.
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S.
Section 310 shall be added as follows:
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SECTION 310
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CARBON MONOXIDE DETECTORS
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310 Carbon Monoxide Detectors. A carbon monoxide
detector shall be required in each dwelling unit where the dwelling
structure contains fuel-fire appliances or attached garages.
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T.
Section 404.4.1 is hereby amended to read as follows:
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404.4.1 Room area. Every living room shall contain
at least 120 square feet (11.2 m2) and
every bedroom shall contain at least 70 square feet (6.5 m2) of floor area, and every bedroom occupied by more
than one person shall contain at least 50 square feet of floor space
for each occupant thereof.
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U.
Section 404.5 is hereby amended to read as follows:
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404.5 Overcrowding. Dwelling units shall not be
occupied by more occupants than permitted by the minimum area requirements
of Table 404.5.
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Table 404.5
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Minimum Area Requirements
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MINIMUM AREA IN SQUARE FEET
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Space
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1-2 Occupants
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3-5 Occupants
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6 or More Occupants
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Living room(a, b)
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120
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120
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150
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Dining room(a, b)
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No requirements
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80
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100
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Kitchen(b)
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50
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50
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60
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Bedrooms
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Shall comply with Section 404.4
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Shall comply with Section 404.4
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Shall comply with Section 404.4
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(a)
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See Section 404.5.2 for combined living room/dining
room spaces.
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(b)
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See Section 404.5.1 for limitations on determining
minimum occupancy area for sleeping purposes.
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V.
Sections 404.5.1 and 404.5.2 are hereby added as follows:
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404.5.1 Sleeping area. The minimum occupancy area
required by Table 404.5 shall not be included as a sleeping area in
determining the minimum occupancy area for sleeping purposes.
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404.5.2 Combined space. Combined living room and
dining room spaces shall comply with the requirements of Table 404.5
if the total area is equal to that required for separate rooms and
if the space is located so as to function as a combination living
room/dining room.
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W.
Section 404.8 is hereby added as follows:
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404.8 Unrelated persons. There shall not be more
than four unrelated persons living together as a single housekeeping
unit. A related person is a person or persons who are closely related
by blood, marriage, adoption or any member of a housekeeping unit
pursuant to a formal foster relationship to result in one of the following
relationships: brother, sister, parent, child, grandparent, great
grandparent, grandchild, great grandchild, uncle, aunt, niece, nephew,
sister-in-law, brother-in-law, parent-in-law or first cousin. Persons
who are second, third or fourth cousins shall be considered as unrelated
for purposes of application of this provision.
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X.
Section 505.1 is hereby amended to read as follows:
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505.1 General. Every sink, lavatory, bathtub or
shower, drinking fountain, water closet or other plumbing fixture
shall be properly connected to the public water system. All kitchen
sinks, lavatories, laundry facilities, bathtubs and showers shall
be supplied with hot or tempered and cold running water in accordance
with the International Plumbing Code.
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Y.
Section 506.1 is hereby amended to read as follows:
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506.1 General. All plumbing fixtures shall be properly
connected to a public sewer system.
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Z.
Section 602.3 is hereby amended to read as follows:
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602.3 Heat supply. Every owner and operator of
any building who rents, leases or lets one or more dwelling units
or sleeping units on terms, either expressed or implied, to furnish
heat to the occupants thereof shall supply heat during the period
from November 1 to March 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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AA.
Section 602.4 is hereby amended to read as follows:
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602.4 Occupiable work space. Indoor occupiable
work spaces shall be supplied with heat during the period from November
1 to March 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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BB.
Section 604.2 is hereby amended to read as follows:
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604.2 Service. The size and usage of appliances
and equipment shall serve as a basis for determining the need for
additional facilities in accordance with the ICC Electrical Code.
Dwelling units shall be served by a three-wire, 120/240 volt, single-phase
electrical service. Ungrounded service conductors shall have an ampere
capacity of not less than the load served. For one-family dwellings,
the ampere capacity of the ungrounded conductors shall be not less
than 100 amperes, three wire. For multifamily dwellings, the ampere
capacity of the ungrounded conductors shall be not less than 50 amperes
for each dwelling unit.
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CC.
(Reserved)[3]
[3]
Editor’s Note: Former Subsection CC, which amended Section
704.2 of the 2009 International Property Maintenance Code, was repealed
by Ord. No. 1462-19, 7/8/2019. This ordinance stated that “the
provisions of section 704.2 of the International Property Maintenance
Code, 2015 edition, shall be retained without amendment.”
DD.
Section 704.5 is hereby added as follows:
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704.5 Fire extinguishers. All portable fire extinguishers
shall be visible, provided with ready access thereto, and maintained
in an efficient and safe operating condition. Each dwelling unit shall
have at a minimum a fire extinguisher of the 2A 10BC type. Fire extinguishers
shall be placed in the kitchen area of the dwelling at a location
removed from the stove or other heat source. The fire extinguisher
shall be fully charged. The fire extinguisher shall have either a
current inspection tag or, in the alternative, the owner of the dwelling
unit may provide satisfactory proof to the Borough's inspector
that the fire extinguisher servicing the dwelling unit was purchased
within the twelve-month period preceding the Borough's inspection.
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EE.
Section 705 is hereby added as follows:
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SECTION 705
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EMERGENCY ESCAPE AND RESCUE OPENINGS FOR BASEMENTS
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705.1 Emergency escape and rescue required. Basement
sleeping rooms shall have at least one operable emergency and rescue
opening. Such opening shall open directly onto a public street, public
alley, yard or court. Where basements contain more than one sleeping
room, emergency escape and rescue openings shall be required in each
sleeping room. Emergency escape and rescue openings shall have a sill
height of not more than 44 inches (1,118 mm) above the floor. The
net clear opening dimensions required by this section shall be obtained
by the normal operation of the emergency escape and rescue opening
from the inside. Emergency escape and rescue openings with a finished
sill height below the adjacent ground elevation shall be provided
with a window well in accordance with Section 705.2. Such emergency
escape and rescue openings shall open directly onto a public way or
to a yard or court that opens onto a public way.
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705.1.1 Minimum open area. All emergency escape
and rescue openings shall have a minimum net clear opening of 5.7
square feet (0.530 m2).
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Exception: Grade floor openings shall have a minimum
net clear opening of five square feet (0.465 m2).
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705.1.2 Minimum opening height. The minimum net
clear opening height shall be 24 inches (610 mm).
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705.1.3 Minimum opening width. The minimum net
clear opening width shall be 20 inches (508 mm).
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705.1.4 Operates constraints. Emergency escape
and rescue openings shall be operational from the inside of the room
without the use of keys, tools or special knowledge.
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705.2 Window wells. The minimum horizontal area
of the window well shall be nine square feet (0.9 m2) with a minimum horizontal projection and width of 36 inches (914
mm). The area of the window well shall allow the emergency escape
and rescue opening to be fully opened.
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Exception: The ladder or steps required by Section
705.2.1 shall be permitted to encroach a maximum of six inches (152
mm) into the required dimensions of the window well.
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705.2.1 Ladder and steps. Window wells with a vertical
depth greater than 44 inches (1,118 mm) shall be equipped with a permanently
affixed ladder or steps usable with the window in the fully open position.
Ladders or rungs shall have an inside width of at least 12 inches
(305 mm), shall project at least three inches (76 mm) from the wall
and shall be spaced not more than 18 inches (457 mm) on center vertically
for the full height of the window well.
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705.3 Bars, grilles, covers and screens. Bars,
grilles, covers, screens or similar devices are permitted to be placed
over emergency escape and rescue openings, bulkhead enclosures or
window wells that serve such openings, provided the minimum net clear
opening size complies with Sections 705.1.1 through 705.1.3 and such
devices shall be releasable or removable from the inside without the
use of a key, tool, special knowledge or force greater than that which
is required for normal operation of the escape and rescue opening,
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705.4 Emergency escape windows under decks and porches. Emergency escape windows are allowed to be installed under decks
and porches provided the location of the deck allows the emergency
escape window to be fully opened and provides a path not less than
36 inches (914 mm) in height to a yard or court.
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[Ord. 1365-09, 9/14/2009, § 3; as amended by Ord.
1377-10, 5/10/2010, § 5]
In all matters that are regulated by the laws of the Commonwealth
of Pennsylvania or by regulations of departments or agencies of the
Commonwealth of Pennsylvania promulgated by authority of law, such
laws or regulations, as the case may be, shall control where the requirements
thereof are the same as or in excess of the provisions of this ordinance.
The code shall control in all cases where the state requirements are
not as strict as those contained in this Part.
[Ord. 1365-09, 9/14/2009, § 4; as amended by Ord.
1377-10, 5/10/2010, § 5]
The provisions of this Part so far as they are the same as those
of ordinances and/or codes in force immediately prior to the enactment
of this Part, are intended as a continuation of such ordinances and
codes and not as new enactments. The provisions of this Part shall
not affect any act done or liability incurred, nor shall they affect
any suit or prosecution pending or to be instituted to enforce any
right or penalty or to punish any offense under the authority of any
repealed ordinances.
