[Amended 2-14-2011 by Ord. No. 1013; 6-20-2016 by Ord. No. 1064; 3-7-2022 by Ord. No. 1103]
The Township of Wilkins hereby adopts the Property Maintenance Code, known as the "International Property Maintenance Code, 2018 Edition," as published by the International Code Council, for the purpose of regulating and governing the conditions 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 herein provided, providing for the issuance of permits and the collection of fees therefore. Each and all of the regulations, provisions, penalties, conditions and terms of said property maintenance code on file in the office of the Township of Wilkins are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 310-2 of this article.
[Amended 2-25-2002 by Ord. No. 641; 7-29-2002 by Ord. No. 945; 4-28-2008 by Ord. No. 987; 2-14-2011 by Ord. No. 1013]
The property maintenance code hereby adopted is amended as follows:
A.
Section 101.1, Title, is amended to read:
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101.1 Title. These regulations shall be known as
the "International Property Maintenance Code of the Township of Wilkins,"
hereinafter referred to as "this code."
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B.
Section 103.4, Liability, is amended to read:
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103.4 Liability. The code official, officer or
employee charged with the enforcement of this code, while acting for
the jurisdiction, shall not thereby be rendered liable personally
and is hereby relieved from all personal liability for any damage
accruing to persons or property as a result of an act required or
permitted in the discharge of official duties. This section is subject
to the Pennsylvania Political Subdivision Tort Claims Act.
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Any suit instituted against any officer or employee because
of an act performed by that officer or employee in the lawful discharge
of duties and under the provisions of this code shall be defended
by the legal representative of the jurisdiction until the final termination
of the proceedings. The code official or any subordinate shall not
be liable for costs in an action, suit or proceeding that is instituted
in pursuance of the provisions of this code; and any officer of the
Department of Property Maintenance Inspection, acting in good faith
and without malice, shall be free from liability for acts performed
under any of its provisions or by reason of any act or omission in
the performance of official duties in connection therewith.
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C.
Section 103.5, Fees, is amended to read:
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103.5 Fees. The fees for activities and services
performed by the Department in carrying out its responsibilities under
this code shall be as indicated in the schedule adopted by resolution
of the Board of Commissioners.
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D.
Section 106.4, Violation penalties, is amended to read:
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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 pay a fine or penalty of
$1,000, which fine or penalty shall be collected by suit brought in
the name of the Township before any Magisterial District Judge, in
like manner as debts of like amount may be sued for by existing laws.
Each day that a violation continues after due notice has been served
shall be deemed a separate offense. The fine or penalty may be reduced
by official action of the Township Board of Commissioners, upon written
recommendation of the code official who investigated the violation.
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E.
Section 108.1.3, Structure unfit for human occupancy, is amended
to read:
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108.1.3 Structure unfit for human occupancy. A
structure is unfit for human occupancy whenever the code official
finds that such structure is unsafe or unlawful as described in Sections
108.1.1 and 108.1.4 or, because of the degree to which the structure
is in disrepair or lacks maintenance, is insanitary, vermin- or rat-infested,
contains filth and contamination, or lacks ventilation, illumination,
sanitary or heating facilities or other essential equipment required
by this code or because the location of the structure constitutes
a hazard to the occupants of the structure or to the public.
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G.
112.4 Failure to comply. Any person who shall continue
any work after having been served with a stop-work order, except such
work as that person is directed to perform to remove a violation or
unsafe condition, shall be liable to a fine of not less than $600
nor more than $1,000.
H.
Section 302.3, Sidewalks and driveways, is amended to read:
[Added 4-28-2014 by Ord.
No. 1040]
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302.3 Sidewalks and driveways. All sidewalks, walkways,
stairs, driveways, parking spaces and similar areas shall be kept
in a proper state of repair and maintained free from hazardous conditions.
All sidewalks, walkways or similar areas that are available for use
by the public, or persons other than the property owner, shall be
cleared of snow and ice no later than 24 hours after any snow or ice
storm.
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I.
Section 302.4, Weeds, is amended by restating the first paragraph
of the section as follows:
[Added 8-10-2009 by Ord.
No. 999]
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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, that this term shall not include cultivated
flowers and gardens.
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J.
Section 302.8, Motor vehicles, is amended to read:
[Amended 6-20-2016 by Ord. No. 1064]
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302.8 Motor vehicles.
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302.8.1 Except as provided for in other regulations,
no inoperative, unlicensed or uninspected motor vehicle shall be parked,
kept or stored on any premises, and no vehicle shall at any time be
in a state of major disassembly, disrepair, or in the process of being
shipped or dismantled. Painting of vehicles is prohibited unless conducted
inside an approved spray booth.
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Exception: A vehicle of any type is permitted to
undergo major overhaul, including body work, provided that such work
is performed inside a structure or similarly enclosed area designed
and approved for such purposes, but not including a tarp.
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302.8.2 Except as provided for in other regulations,
no vehicle shall be parked, kept or stored in any residential yard
area not part of a garage driveway.
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302.8.3. Where vehicle repairs are being conducted
on exterior property, no vehicle shall be elevated above the ground
on which the tires would normally rest by the use of one or more jacks,
jack stands, concrete or wood blocks, or other support devices for
more than seven days for the purpose of making repairs. Repairs requiring
more than seven days shall be performed inside of a structure approved
for such work.
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K.
Section 302.10, Dangerous exterior structures, is added to read:
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302.10 Dangerous exterior structures.
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302.10.1 The continued existence of all unused
wells, septic tanks, cisterns or similar structures located on exterior
property, and which constitute an imminent hazard, are a violation
of this Code and shall be eliminated by the owner pursuant to plans
and specifications supplied by the owner and approved by the Township
Engineer.
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302.10.2 If wells, septic tanks, cisterns or similar
structures are in use and constitute an imminent hazard, those structures
shall be rendered nonhazardous by the owner.
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L.
303 Swimming Pools, Spas and Hot Tubs
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303.1 Swimming pools. Swimming pools shall be maintained
in a clean and sanitary condition and in good repair.
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303.3 Below grade swimming pools, the use of which
is temporarily discontinued, shall be covered with material which
will prevent access to the pool basin and be of sufficient strength
to sustain the weight of 100 pounds.
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303.4 Below grade swimming pools, the use of which
is permanently discontinued, shall be filled to ground level with
earth and/or other material in accordance with plans and specification
supplied by the property owner and approved by the Township Engineer.
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"Permanently discontinued" is defined as not in use for more
than 18 months, beginning on June 1 of any year.
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303.5 Above grade swimming pools, the use of which
is permanently discontinued, shall be dismantled and removed from
the property.
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M.
Section 304.14, Insect screens, is amended to read:
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304.14 Insect screens. During the period from April
15 to October 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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N.
Section 507, Storm drainage, is amended to read:
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507 Storm drainage. Drainage of roofs and paved areas, yards and courts and other open areas on the premises shall not be discharged in a manner that creates a public nuisance nor which is in violation of § 333-52 of this Township's Code or any federal, Pennsylvania or Allegheny County law or regulation.
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O.
Section 602.3, Heat supply, is amended to read:
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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 guest room on terms, either expressed or
implied, to furnish heat to the occupants thereof shall supply heat
during the period from May 15 to September 15 to maintain a temperature
of not less than 65° F. (18° C.) in all habitable rooms, bathrooms
and toilet rooms.
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Exception: 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 Plumbing Code.
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P.
Section 602.4, Occupiable work spaces, is amended to read:
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602.4 Occupiable work spaces. Indoor occupiable
work spaces shall be supplied with heat during the period from May
15 to September 15 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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Q.
Section 603.4 is amended to read:
[Added 6-20-2016 by Ord.
No. 1064]
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603.4 Safety controls.
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603.4.1 Quarter-turn shutoff valve. Every gas-fired
appliance shall have a quarter-turn shutoff valve located within six
feet of the appliance. The shutoff device shall be located so as to
be easily and readily accessible. Those that are not quarter-turn
shall be converted to the quarter-turn type.
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R.
Section 605.2 is amended to read:
[Added 6-20-2016 by Ord.
No. 1064]
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605.2. Receptacles.
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605.2.1 Ground-fault circuit interrupter protection. All electrical outlet receptacles within six feet of any sink with
running water (faucet) shall be the ground-fault circuit interrupter
protection type and in working condition.
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605.3. Luminaries. The exterior side of every egress
door exiting from a one- or two-family dwelling, every public hall,
interior stairway, toilet room, kitchen, bathroom, laundry room, boiler
room and furnace room shall contain not less than one electric luminaire.
Pool and spa luminaires over 15 volts shall have ground-fault circuit
interrupter protection.
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S.
Section 705 is added to read:
[Added 6-20-2016 by Ord.
No. 1064]
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SECTION 705 CARBON MONOXIDE.
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705.1. Every one- and two-family dwelling burning
fossil fuel(s) shall provide a working carbon monoxide detector in
the area leading to the sleeping rooms and the basement or area where
fossil-fuel-burning equipment may be located.
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In all matters that are regulated by the law of the Commonwealth
of Pennsylvania or by regulations of departments or agencies of the
commonwealth promulgated by authority of law, such laws or regulations,
or other ordinances of the Township of Wilkins, as the case may be,
shall control where the requirements thereof are the same as or in
excess of the provisions of this article. The code shall control in
all cases where the state requirements, or the requirements of other
ordinances of the Township of Wilkins, are not as strict as those
contained in this article.
The provisions of this article so far as they are the same as
those of ordinances and/or codes in force immediately prior to the
enactment of this article, are intended as a continuation of such
ordinances and codes and not as new enactments. The provisions of
this article 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 of the repealed ordinances.
