[HISTORY: Adopted by the Borough Council of the Borough of Clarion as indicated in article histories. Amendments noted where applicable.]
Article I Property Maintenance
Article II Uniform Construction Code
[Adopted 7-6-1999 by Ord. No. 99-691 as Art. VI of Ch. 80 of the 1999 Code; amended in its entirety 12-20-2013 by Ord. No. 2013-798]
The Borough of Clarion hereby adopts the provisions of the International Code Council Property Maintenance Code, 2009 (the "code"), in its entirety, any amendments provided by this article and any subsequent revisions of the code in the future, as the minimum standards for the maintenance of all buildings, structures and property within the Borough of Clarion.
In Section 1.0 of the code, all references to "municipality," "jurisdiction" or "name of jurisdiction" shall be construed to be the "Borough of Clarion."
The International Property Maintenance Code is amended and revised in the following respects:
Chapter 1, Scope and administration.
Means of appeal. Subsections 111.1 through 111.8 are hereby deleted and replaced with the following:
Application for appeal. Any person directly affected by a decision or order of the Code Official shall have the right to appeal said decision or order to the Clarion Borough Council, provided that a written application for appeal is filed with the Code Official within 30 days of the decision, notice or order. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or the requirements of this code are satisfied by other means.
Chapter 2, General definitions. The following definitions shall be added:
- ATTRACTIVE NUISANCE
- Any building, structure or property or premises considered a public nuisance that would provide an attraction to the natural curiosity and investigative nature of any person, especially children.
- PUBLIC NUISANCE
- Includes any of the following:
- (1) A physical condition or occupancy of any premises regarded as a public nuisance at common law; or
- (2) Any physical condition or occupancy of any premises or its appurtenances which would be considered an attractive nuisance to children, including, but not limited to, abandoned wells or shafts, basements, excavations, unsafe fences or walls, or unsafe or abandoned buildings and structures; or
- (3) Any premises that has unsanitary sewage or plumbing facilities; or
- (4) Any premises designated as unsafe for human habitation; or
- (5) Any premises that is manifestly capable of being a fire hazard or is manifestly so unsafe or unsecure so as to endanger life, limb or property; or
- (6) Any premises from which the plumbing, heating or other required facilities have been removed, or from which the utilities have been disconnected, destroyed, removed or otherwise rendered ineffective, or the required precautions against trespass have not been provided; or
- (7) Any premises that is unsanitary, littered with rubbish or garbage, or has uncontrolled growth of weeds or grass; or
- (8) Any structure that is in a state of dilapidation, deterioration or decay; exhibits faulty construction; is overcrowded; is open, vacant or abandoned; is damaged by fire so as to no longer provide shelter; or is in danger of collapse and hazardous to anyone on or near the premises.
Chapter 3, General requirements.
Section 302.8, Motor vehicles, shall be amended to provide: "No inoperative, unlicensed or uninspected motor vehicle shall be kept, parked or stored on any premises except as accessory to motor vehicle repair facilities."
Section 304.14, Insect screens, shall be amended to provide: "Insect screens shall be provided on all windows and doors used for ventilation from March 1 to October 31."
Chapter 4, Light, ventilation and occupancy limitations.
Section 404, Occupancy limitations.
Section 404.4.1, Room Areas, shall be deleted in its entirety and replaced by the following: "Every living room shall have a minimum area of 120 square feet; every dining room shall have a minimum area of 80 square feet; every kitchen shall have a minimum area of 50 square feet; and every bedroom shall have a clear floor area of 70 square feet per person occupying that bedroom, exclusive of closet space." Exception: Combined areas such as living room/dining room or kitchen/dining room shall be permitted, provided the combined area shall meet or exceed the total required area for each occupancy.
Section 404.6, Efficiency Unit. Subsection 404.6(4) shall be amended to provide the maximum number of occupants to be two.
Chapter 6, Mechanical and electrical requirements.
Section 600, Heating Facilities.
Subsection 602.3, Heating Supply, shall be amended so as to provide the period for the supply of heat shall be from October 1 to March 30, and the minimum ambient temperature of 68° F. (30° C.) shall be provided without the use of auxiliary heating sources, and no unvented natural gas, propane or kerosene wall or floor heaters shall be permitted.
Chapter 7, Fire safety requirements.
Section 702, Means of Egress. Section 702.5, Number of Exits, shall be added and shall provide:
"In all dwellings used for residential purposes, including but not limited to, single-family, two-family and multifamily dwellings, townhouses, rooming houses, dormitories or dorm suites, that are rented, leased or let, or intended to be rented, leased or let, every area occupied as habitable space above two stories in height shall be provided with not less than two independent exits that have access directly to ground level. In stories where more than one exit is required, all occupants shall have access to at least two exits. No stationary or chain ladders shall be permitted. All basements occupied for sleeping purposes shall be supplied with emergency escape and rescue openings as provided in Chapter 3 of the ICC International Residential Code or its successor.
"Exception. A single exit is acceptable under any one of the following conditions:
Where the building is equipped throughout with an automatic sprinkler system and an automatic fire detection system with smoke detectors located in all corridors, lobbies, common areas and bedrooms.
Where an existing fire escape conforming to the Building Code is provided in addition to the single exit.
In any occupancy in existence prior to the adoption of this code or any of its predecessor codes."
Magisterial District Judges shall have initial jurisdiction over violations and any proceedings brought under this article.
Violations of the provisions of the code shall be considered a summary offense and any person who violates the provisions of the code shall be subject, upon conviction by a Magisterial District Judge, to a fine of not less than $300 nor more than $500 and the cost of prosecution or, upon default of payment of such fine and costs, to undergo imprisonment in the Clarion County Jail for a period not to exceed 30 days. Each day's continuance of a violation shall be considered a separate and enforceable offense. The fact that a violator has been penalized shall not preclude the Borough or other injured parties from taking the proper legal action to recover damages resulting from such violation(s).
[Adopted 7-6-2004 by Ord. No. 04-724 as Art. VII of Ch. 80 of the 1999 Code]
Clarion Borough (hereinafter "the Borough") hereby elects to administer and enforce 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 its regulations.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401 through 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the building code of this municipality.
Editor's Note: Former Subsection A, which immediately followed this paragraph and contained amendments to the 1998 and 2003 International Property Maintenance Code, was repealed 12-20-2013 by Ord. No. 2013-798.
Administration and enforcement of the Uniform Construction Code within the Borough shall be undertaken in any of the following ways, as determined by the governing body of this municipality from time to time by resolution:
By the designation of an employee of the Borough to serve as the municipal code official to act on behalf of the Borough;
By the retention of one or more construction code officials or third-party agencies to act on behalf of the Borough;
By agreement with one or more other municipalities for the joint administration and enforcement of the Act through an intermunicipal agreement;
By entering into a contract with another municipality for the administration and enforcement of the Act on behalf of the Borough; or
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.
A board of appeals shall be established by resolution of the governing body of the Borough in conformity with the requirements of the relevant provisions of the code, as amended from time to time, and for the purposes set forth therein. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, said board of appeals shall be established by joint action of the participating municipalities.
All building code ordinances or portions of ordinances which were adopted by the Borough on or before July 1, 1999, and which equal or exceed the requirements of the code, shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the code, as amended from time to time.
All building code ordinances or portions of ordinances which are in effect as of the effective date of this article and whose requirements are less than the minimum requirements of the code are hereby amended to conform with the comparable provisions of the code.
All relevant ordinances, regulations and policies of the Borough not governed by the code shall remain in full force and effect.
Fees assessable by the Borough for the administration and enforcement undertaken pursuant to this article and the code shall be established by the governing body by resolution from time to time.