[Ord. No. 357, 10/16/1991, § 5-201; as amended
by Ord. No. 449, 5/18/2005, § 1]
This Borough hereby enacts by reference, as the Property Maintenance
Code of Hatfield Borough, the 2003 International Property Maintenance
Code as published by the International Code Council as amended from
time to time, as fully as though the Code were set forth herein at
length.
[Ord. No. 357, 10/16/1991, § 5-202; as added by
Ord. No. 449, 5/18/2005, § 2]
Administration and enforcement of the Code within this Borough
shall be undertaken as determined by Hatfield Borough Council in accordance
with the regulations of the Pennsylvania Construction Code Act, 35
P.S. § 7210.101 et seq., to the extent applicable and the
Pennsylvania Borough Code, 8 Pa.C.S.A. § 101 et seq.
[Ord. No. 357, 10/16/1991, § 5-203; as added by
Ord. No. 449, 5/18/2005, § 3]
The Building Code Board of Appeals (hereinafter "Appeals Board"),
previously established by separate resolution in conformity with the
requirements of the Pennsylvania Construction Code Act, Act 45 of
1999, 35 P.S. § 7210.501(c) and 34 Pa. Code § 403.121,
shall hear and rule on appeals, requests for variances and requests
for extensions of time.
[Ord. No. 357, 10/16/1991, § 5-204; as amended
by Ord. No. 449, 5/18/2005, § 5; and by Ord. No. 501, 8/15/2012]
1.
The existing structures code hereby adopted is amended as follows:
A.
"Borough of Hatfield" shall be inserted wherever the words "[Name
of Municipality]" appear in brackets therein; whenever the term "legal
officer" or "legal representative" is used in this Code, it shall
be held to mean the Borough Solicitor.
B.
Section 106.4 is hereby amended to read as follows:
|
§ 106.4. Penalty:
|
(1)
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge 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 more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
(2)
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions nor permit them to continue.
C.
Section 304.14 is hereby amended to read as follows:
|
§ 304.14. Insect Screens. During
the period from the first day of spring to the first day of fall every
door, window and other outside opening used or required for ventilation
purposes serving any building containing habitable rooms, food preparation
areas, food service areas, or any areas where products used 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 and every swing door shall have a self-closing
device in good working condition.
|
|
Exception. Screen doors shall not be required
for out-swinging doors or other types of openings which make screening
impractical, provided other approved means, such as air curtains or
insect repellent fans are employed.
|
D.
Section 602.3, "Heat Supply," is hereby amended to read as follows:
|
§ 602.3. Heating for Residential Buildings.
|
(1)
Every dwelling shall be provided with heating facilities capable
of maintaining a room temperature of 65° F. (18° C.) at a
level of three feet (914 mm) above the floor and a distance of three
feet (914 mm) from the exterior walls in all habitable rooms, bathrooms
and toilet rooms based on the outside design temperature required
for the locality by the mechanical code listed in Appendix A.
(2)
Every owner and operator of any building who rents, leases or
lets one or more dwelling unit, rooming unit, dormitory or guest room
on terms, either express or implied, to furnish heat to the occupants
thereof shall supply sufficient heat during the period from the first
day of fall to the first day of spring to maintain a room temperature
of not less than 65° F. (18° C.) in all habitable rooms, bathrooms
and toilet rooms during the hours between 6:30 a.m. and 10:30 p.m.
of each day and not less than 60° F. (16° C.) during other
hours. The temperature shall be measured at a point three feet (914
mm) above the floor and three feet (914 mm) from the exterior walls.
When the outdoor temperature is below the outdoor design temperature
required for the locality by the mechanical code listed in Appendix
A, the owner or operator shall not be required to maintain the minimum
room temperatures, provided the heating system is operating at full
capacity, with supply valves and dampers in a full open position.
E.
Section 602.4, "Occupiable Work Spaces," is hereby amended to read
as follows:
|
§ 602.4. Occupiable Work Spaces.
|
(1)
Every enclosed occupied work space shall be supplied with sufficient
heat during the period from the first day of fall to the first day
of spring to maintain a temperature of not less than 65° F. (18°
C.) during all working hours. The temperature shall be measured at
a point three feet (914 mm) above the floor and three feet (914 mm)
from the exterior walls.
[Ord. No. 357, 10/16/1991, § 5-205]
In all matters that are regulated by the laws of the Commonwealth
of Pennsylvania or by regulations of departments or agencies of the
commonwealth 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 Part. The Code
shall control in all cases where the state requirements are not as
strict as those contained in this Part.
[Ord. No. 357, 10/16/1991, § 5-206]
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 punish any offense under the authority of any
of the repealed ordinances.
[Ord. No. 357, 10/16/1991, § 5-207; as added by
Ord. No. 402, 5/20/1998; and as amended by Ord. No. 449, 5/18/2005,
§ 4; and by Ord. No. 501, 8/15/2012]
Whenever the Code Official, who shall be appointed from time
to time by the Borough Council of the Borough of Hatfield, performs
an inspection permitted or required by the Code, there shall be charged
to the property owner a fee for said inspection initially set at the
rate as established, from time to time, by resolution of Borough Council,
of inspection, reinspection, investigation and report time. The minimum
fee shall be in an amount as established from time to time by resolution
of Borough Council. Borough Council may from time to time, by resolution,
change such fee and the fee in force at the time of the inspection
shall be applied.
[Ord. No. 357, 10/16/1991, § 5-208; as added by
Ord. No. 408, 12/1/1999; and amended by Ord. No. 478, 11/18/2009,
§ 1; and by Ord. No. 483, 5/19/2010, § 3, 4]
1.
On or before the 15th day of January 2010, and hence by the first
day of January in each succeeding year, every owner or operator of
a residential rental property or of a nonresidentially used property
shall register such with the Borough Manager of the Borough of Hatfield.
Forms for such registration shall be provided by the Borough Manager
of the Borough of Hatfield. The Borough of Hatfield through its Code
Enforcement Officer and his designated representatives or deputy shall
have the right to inspect any such residential rental properties and
nonresidentially used properties to determine compliance with the
property maintenance code or any other codes or ordinances of the
Borough of Hatfield. If such officer determines that a unit, and each
apartment unit or nonresidentially used part of a structure shall
be considered a separate unit, conforms to the terms and conditions
of this Part, a certificate of compliance so stating shall be issued.
Such registration shall be valid and operative until December 31 of
the year for which it is issued, but may be revoked immediately by
the Code Enforcement Official or his representative in the event that
such officer determines that any term or provision of this Part or
other ordinance of the Borough of Hatfield has been violated.
2.
A registration fee in the amount set forth on the current Consolidated
Fee Schedule adopted by Council by resolution shall be paid at the
time of application for registration.
3.
The fee shall be paid as set forth above at the time of registration,
except that additional fee per hour incurred in inspection in accordance
with the Borough's Consolidated Fee Schedule provisions shall be due
and payable when billed by the Borough of Hatfield.
4.
It shall be a violation of this Part for any person to own or operate
a residential rental unit or nonresidentially used property in the
Borough of Hatfield without having registered and paid the fee as
set forth above.
5.
Notwithstanding anything contained in this Part to the contrary,
in no event shall registration requirements pertain to single-family
dwellings.
[Ord. No. 357, 10/16/1991, § 5-209; as added by
Ord. No. 487, 6/16/2010, § 1; and amended by Ord. No. 501,
8/15/2012]
1.
Intent. In order to promote the public health, safety, and welfare,
Hatfield Borough Council finds and declares that all sellers of property
in the Borough of Hatfield shall be required to file with the Borough
and deliver to the purchaser not later than the settlement date for
the sale of the property, a certification showing the property's compliance
status with the requirements of the Borough of Hatfield Code of Ordinances
relating to smoke alarms, house numbering, and sump pumps.
2.
OWNER
PROPERTY
PURCHASER
Definitions. As used in this section, the following words and phrases
shall have the meanings indicated:
Any person, partnership, association, corporation, or fiduciary
having legal or equitable title or any interest in any residential
property. Whenever used in any clause prescribing or imposing a penalty,
the term "owner," as applied to partnerships and associations, shall
mean the partners, or members thereof, and as applied to corporations,
the officers thereof.
All residential property, or any interest therein, situated
in the Borough of Hatfield, Montgomery County, Pennsylvania.
Any person, partnership, association, corporation, or fiduciary
that will receive legal or equitable title or any interest in any
residential property from the owner.
3.
Certification and Code Compliance. In the Borough of Hatfield, it
shall be unlawful for any owner to transfer his property, or any interest
therein, unless the owner shall first deliver to the purchaser at
or prior to the date of settlement or transfer the following certifications:
B.
Building Numbers. The owner shall certify that building numbers have been conspicuously posted in such manner that they are visible and legible from the street as required by this § 5-209 of the Borough of Hatfield Code of Ordinances.
4.
Procedure to Obtain Certification.
A.
Applications shall be submitted on forms provided by the Borough. Applications be completely filled out and shall be accompanied by a fee that is specified in Subsection 6.
B.
The application for a certificate under this section authorizes the
Borough to inspect the premises being transferred.
C.
The Borough shall respond to an application within 10 business days
of its receipt.
5.
Violations and Penalties.
A.
If any owner fails to comply with any provisions required by this
section, then in any action, at law, or in equity, instituted by a
purchaser against an owner, it shall be conclusively presumed that
the owner, at the time of the signing of such agreement, represented
and warranted to the purchaser that such property was being used in
compliance with the then existing Borough of Hatfield Code of Ordinances
provisions relating to the certifications required above.
B.
Any person who submits a false application to the Borough, or who
obtains a certification through misrepresentation, or who fails to
provide the certifications required by this section and whose property
at the time of transfer was not in compliance with the then existing
Township Code provisions relating to the certifications required above,
shall be guilty of violating the provisions of this section and, upon
conviction thereof in an action brought before a Magisterial District
Judge 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 more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
90 days. Each day that a violation of this Part continues or each
section of this Part which shall be found to have been violated shall
constitute a separate offense.
6.
Fees. Fees shall be charged, which may be amended from time to time
by resolution of the Hatfield Borough Council.
[Ord. No. 357, 10/16/1991, § 5-210; as added by
Ord. No. 449, 5/18/2005, § 4]
This Code may be changed and/or modified, by amendments made
by the International Code Council and published from time to time
except as modified herein or in a subsequent ordinance.
[Ord. No. 357, 10/16/1991, § 5-211; as added by
Ord. No. 449, 5/18/2005, § 6]
The Building Code Official, Construction Code Official, members
of the Building Code Board of Appeals, employees and/or appointed
individuals, agents or firm charged with the enforcement of the Code,
while acting for the jurisdiction in good faith and without malice
in the discharge of the duties required by the Code or other pertinent
law or ordinance, shall not thereby be rendered liable personally
and is hereby relieved from personal liability for any damage accruing
to persons or property as a result of any act or by reason of an act
or omission in the discharge of official duties. Any suit instituted
against an officer, agent or employee because of an act performed
by that officer, agent or employee in the lawful discharge of duties
under the provisions of the Code shall be defended by legal representative
of the Borough until the final termination of the proceedings. The
Building Code Official, Construction Code Official, members of the
Building Code Board of Appeals, employees and/or appointed individuals,
agents or firm charged with the enforcement of the Code shall not
be liable for the cost in any action, suit or proceeding that is instituted
in pursuance of the provisions of the Code.
