[HISTORY: Adopted by the Board of Commissioners
of the Township of Nether Providence 9-10-1998 by Ord. No. 626. Amendments
noted where applicable.]
This chapter shall be known and may be cited
as the "Certificate of Use and Occupancy Ordinance."
In order to promote the health and safety of
persons occupying properties within the Township of Nether Providence,
these rules and regulations are created to require the obtaining of
a certificate of use and occupancy upon the sale, lease or change
in occupancy or use of all or part of any building and to set forth
the actions to be taken and the requirements for obtaining a certificate
of use and occupancy.
A.
No person, firm, group, agency or corporation shall
occupy, inhabit or use, for the first time as owner, nor shall any
owner lease, let out or permit to be occupied any building or structure
used in whole or in part for residential or business purposes within
the Township of Nether Providence, which occupancy commences after
the date of this chapter, without first having applied for and obtained
a certificate of use and occupancy from the Township of Nether Providence.
B.
A certificate of use and occupancy shall be required
upon any occupancy of a building or structure occasioned by the construction
of any improvement upon or change in occupancy occasioned by the sale
or lease of real property or upon any change in the use of any building
or structure.
C.
The obtaining of a certificate of use and occupancy
shall be an affirmative duty of the owner of any real property within
the Township of Nether Providence.
D.
A certificate of use and occupancy may be issued for
a portion of a structure or building. In such event, the portion of
such building or structure which is not authorized to be occupied
may not be occupied and/or used for any purpose until such time as
a certificate of use and occupancy is issued for that portion of the
building or structure.
As used in this chapter, the following terms
shall have the meanings indicated:
The same meaning as defined in the Nether Providence Township
Zoning Code.
[1]Includes all properties used for business, professional and
nonresidential purposes, portions of residential properties not used
exclusively for residential purposes (including the portions of dwellings
that have a home occupation which has customers and/or clients who
visit the property), multifamily dwellings and all other properties
not included within the definition of "residential properties" in
which follows.
Includes any private company retained by the Township to
conduct inspections and/or to administer the requirements of this
chapter.
Includes all residential properties having three or more
dwelling units contained within the same building.
Includes all single-family detached dwellings, single-family
semidetached dwellings, two-family detached dwellings, two-family
semidetached dwellings and townhouse dwellings and which are used
exclusively for residential purposes as the terms are defined in the
Township Zoning Code.
[2]The same meaning as defined in the Nether Providence Township
Zoning Code.
[3]The Township of Nether Providence, Delaware County, Pennsylvania.
The Zoning Code of the Township of Nether Providence, as presently contained in Chapter 300 of the Codified Ordinances of Nether Providence Township, and any future amendments thereto.
A.
In order for a building or structure to be eligible
for a certificate of use and occupancy, such building or structure
must comply with all of the requirements of the ordinances of Nether
Providence Township and must comply with all the laws of the Commonwealth
of Pennsylvania now in existence or hereafter adopted or passed by
such Township or commonwealth pertaining to building, plumbing, electrical,
fire prevention, housing, health and safety, any other law or regulation
pertaining to housing standards, including the Township Property Maintenance
(BOCA) Code and all other BOCA Codes adopted by the Township (collectively
referred to as the "Building and Safety Codes").
B.
When, after inspection under this chapter, a building
or structure is found not to comply with standards contained in any
of the BOCA Codes, other than the Property Maintenance Code:
(1)
When, in the opinion of the Code Enforcement Officer,
modifications and repairs to correct such noncompliance can be reasonably
accomplished in order to promote the health and safety of persons
occupying such premises, those modifications and repairs shall be
required prior to issuance of a certificate of occupancy; or
(2)
When, in the opinion of the Code Enforcement Officer,
such noncompliance does not significantly impact upon the health and
safety of persons occupying such premises, and such modifications
and repairs cannot be reasonably accomplished, then the requirement
of such compliance shall be waived by the Code Enforcement Officer.
A.
An application for a certificate of use and occupancy
shall be filed with the Township of Nether Providence at least 30
days before the initial date of occupancy subject to the provisions
of this chapter.
B.
The fee for the certificate of use and occupancy shall
be as established by resolution of the Board of Commissioners of Nether
Providence Township from time to time. The fee shall be paid at the
time of application.
C.
Applications for certificates of use and occupancy
shall be completed in full on such forms as provided by the Township.
The application shall contain the full, correct and complete name
and principal address and telephone number of the applicant, the address
and a brief description of the premises containing the building or
structure for which the application is made and a statement of purpose
or use to which the building or structure, or part thereof, is to
be made, the number of persons who will use or occupy the same, the
factual basis setting forth any legal nonconforming use, the factual
basis for any legal nonconforming dimensional variances with the Zoning
Code and such other pertinent information as the Township Manager
and/or Township Board of Commissioners may from time to time deem
necessary to comply with the purposes of this chapter.
No certificate of use and occupancy will be
issued with respect to any building or structure unless and until
the Zoning Officer certifies that:
A.
The proposed use conforms with the requirements of
the Township Zoning Ordinance or that the proposed use is a legal
nonconforming use or that the proposed use has been approved by the
Township Zoning Hearing Board; and
B.
There are no known dimensional variances with the
Township Zoning Ordinance or that such dimensional variances that
do exist are legal nonconforming dimensional variances or that such
dimensional variances that do exist have been approved by the Township
Zoning Hearing Board.
For the purposes of the discharge of his/her
duties, the Code Enforcement Officer shall have the authority to enter
any building at any reasonable hour.
No certificate of use and occupancy will be
issued with respect to any building or structure used as a business
property unless and until the Code Enforcement Officer of the Township
of Nether Providence certifies that the structure or building complies
with the following requirements:
A.
All exit or discharge doors shall be provided with
panic hardware or fire exit hardware.
B.
All exits shall be marked by a readily visible sign.
Access to all exits shall be marked by readily visible signs indicating
the direction of travel where the exit or route to the exit is not
immediately visible to the occupants. An exit sign shall have "EXIT"
printed in plainly legible letters not less than six inches in height
and not less than 3/4 inches in width.
C.
Fire extinguishers shall be provided as follows:
(1)
One 2A-rated fire extinguisher shall be provided per
floor, including basement;
(2)
One 10-B-rated fire extinguisher shall be provided
in each kitchen area equipped with cooking facilities; and
(3)
All fire extinguishers shall be visible, accessible
and maintained in an efficient and safe operating condition.
D.
Manual fire alarms shall be provided in buildings
more than two stories in height with more than 5,000 square feet of
floor space above the second story.
E.
Sidewalks and curbs are in good condition. Any sidewalk
block which is fragmented and/or deteriorating, excluding hairline
cracks, must be replaced. Curbing which is deteriorating or missing
must be replaced.
F.
Every flight of stairs which is more than four risers
high shall have a hand rail on at least one side of the stair. Handrails
shall not be less than 30 inches high nor more than 42 inches high,
measured vertically above the nosing of the stair tread.
G.
Every open portion of any stair, landing or balcony
which is more than 30 inches above the floor or grade shall have guard
rails. Guard rails shall be not less than 30 inches high above the
stair, landing or balcony.
I.
In the case of additions, alterations, repairs or
changes of occupancy to which the BOCA National Building Code, as
approved and adopted by the Township of Nether Providence, applies,
the building or structure shall be in compliance with the requirements
of said BOCA National Building Code.
J.
There are no known violations of any Township ordinance
pertaining to the subject property that have not been resolved, including
the full payment of any and all costs and fines assessed against the
owner of the property.
No certificate of use and occupancy will be
issued with respect to any building or structure used as a residential
property unless and until the Code Enforcement Officer of the Township
of Nether Providence certifies that the structure or building complies
with the following requirements:
A.
House numbers must be affixed to or painted or carved
upon such building or upon a permanent standard, base or support between
such building and the street. Each number shall be at least three
inches high and shall be of such color and materials as to be visible
from the street.
B.
Smoke detectors are to be installed and in working
condition with at least one unit on each occupied floor, including
the basement. A unit located on floors with sleeping quarters shall
be placed in or near the area intended or likely to be used for sleeping.
If the unit is powered by electricity, it shall be primarily or secondarily
powered by battery and shall be constructed so as to give off an audible
or visual signal that its batteries require replacement or recharge.
C.
Sidewalks and curbs are in good condition. Any sidewalk
block which is fragmented and/or deteriorating, excluding hairline
cracks, must be replaced. Curbing which is deteriorating or missing
must be replaced.
D.
All hot-water heaters and boilers must have the relief
valve extended to within six inches of the floor elevation.
E.
Every flight of stairs which is more than four risers
high shall have a hand rail on at least one side of the stair. Handrails
shall not be less than 30 inches high nor more than 42 inches high,
measured vertically above the nosing of the stair tread.
F.
Every open portion of any stair, landing or balcony
which is more than 30 inches above the floor or grade shall have guard
rails. Guard rails shall be not less than 30 inches high above the
stair, landing or balcony.
G.
In the case of additions, alterations, repairs or
changing use to which the BOCA National Building Code, as approved
and adopted by the Township of Nether Providence, applies, the building
or structure shall be in compliance with the requirements of said
BOCA National Building Code.
H.
There are no known violations of any Township ordinance
pertaining to the subject property that have not been resolved, including
the full payment of any and all costs and fines assessed against the
owner of the property.
A.
A change in occupancy resulting from the sale or lease of a multifamily dwelling building requires compliance with the provisions of § 103-9. A change in occupancy resulting from the sale of a unit within a multifamily dwelling requires compliance with § 103-10. A change in occupancy resulting from the lease of a unit within a multifamily dwelling requires compliance with Subsection B, as follows.
B.
Upon a change in occupancy resulting from the lease
of a unit within a multifamily dwelling, no certificate of use and
occupancy will be issued with respect to the dwelling unit until and
unless the Code Enforcement Officer of the Township of Nether Providence
certifies that smoke detectors shall be installed and in working condition
with at least one unit on each occupied floor, including the basement.
A unit located on floors with sleeping quarters shall be placed in
or near the area intended or likely to be used for sleep. If the unit
is powered by electricity, it shall be primarily or secondarily powered
by battery and shall be constructed so as to give off an audible or
visual signal that its batteries require replacement or recharge.
There shall be no other certification required by the Code Enforcement
Officer, provided that the Code Enforcement Officer may refuse to
grant a certificate of use and occupancy for the dwelling unit if
there are any violations of the Building Fire and Safety Codes observed
within the dwelling unit or the common areas of the building.
This ordinance is not intended to supersede nor shall it be construed to imply the superseding of any Building Fire and Safety or Property Maintenance Code, including all BOCA Code(s) as approved and adopted by the Township of Nether Providence or any building code or ordinance subsequently adopted by said Township, and specifically the requirements thereof with respect to the obtaining of a certificate of use and occupancy and in accordance with § 103-5 of this chapter. Such requirements shall continue to apply to all buildings and structures as defined and upon the terms and conditions as set forth in said BOCA National Building Code, BOCA Property Maintenance Code and all other BOCA codes adopted by Township.
In the event that any unit of the building fails
to pass said inspection under this chapter, the Code Enforcement Officer
shall notify the owner or his/her agent of the defects, in writing,
immediately upon completion of his/her report, giving the owner or
his/her agent 10 days to correct said defects noted in a written inspection
report.
A.
LANDLORD
PERSON
TENANT
Definitions. The following words when used in this
section shall have the meanings ascribed to them in this section except
where the context clearly indicates or requires a different meaning:
Any person who grants a lease or otherwise permits the use
of his real estate or portion thereof for a consideration, monetary
or otherwise.
Any natural person, partnership, association, firm or corporation.
That person or persons who has the use of real estate of
a landlord and is responsible for the giving of any type of consideration
therefor, but excluding those who are tenants for a period of less
than 30 days.
B.
Landlord's report required. All landlords, within
30 days after the effective date of this chapter, or, in case of real
estate thereafter acquired or thereafter rented or becoming available
for rental, within 30 days after the acquisition, rental or availability
for rental thereof, as the case may be, shall report to the Township
Code Enforcement Officer, in writing, during regular business hours
the number of parcels or units of real estate presently or hereafter
rented or available for rental, a description (by address, unit or
apartment number and/or some other meaningful method) of said parcels
or units and the names of its tenants at the time of such report,
together with a designation as to which unit or parcel is occupied
by each.
C.
Landlord(s) to report changes. Any change in the occupancy
of real estate or leased property or in the identity of the tenants
from that shown in the report of the landlord as required herein shall
be reported by the landlord(s) to the Township Code Enforcement Officer
within 10 days after such change. It is intended hereby that the landlord(s)
shall report a new tenant or a tenant who rents or leases a different
unit or parcel of real estate when such becomes vacant.
D.
Forms. The Code Enforcement Officer may prepare a
form entitled "Status of Occupancy Report," which may require information
set forth above and such other pertinent information that the Board
of Commissioners by resolution may direct the Code Enforcement Officer
to incorporate into said report form. The failure to have such report
forms shall not excuse the obligation of landlords to provide the
information required herein.
Any person who violates any provision of this
chapter as determined before a District Justice of competent jurisdiction
shall pay a civil penalty of not more than $1,000. Any fine or levy
shall be collectible along with the cost of prosecution before the
District Justice as like fines and penalties are now by law collected.
Each day of occupancy without an occupancy permit shall constitute
a separate offense.
This chapter shall be effective January 1, 1999.
