[HISTORY: Adopted by the Borough Council of the Borough of
Manheim as indicated in article histories. Amendments noted where
applicable.]
[1]
Editor's Note: This ordinance also superseded former Art.
I, Property Maintenance Code, adopted 9-24-1996 by Ord. No. 544, as
amended.
A certain document, three copies of which are on file in the office of the Borough of Manheim, 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 Manheim Borough, in the Commonwealth of Pennsylvania, 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 herein provided; providing for the issuance of permits and collection of fees therefor. 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 Manheim 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, prescribed in § 100-2 of this article.
Changes to the International Property Maintenance Code, 2015
edition, are as follows:
A.
Section 101.1 The name of the jurisdiction shall be "Manheim Borough."
B.
Section 103.5. Manheim Borough shall adopt a fee schedule as it is
related to inspections and legal action to be taken against those
parties who are in violation of this ordinance from time to time by
resolution.
C.
Section 106.4 shall provide as follows:
Section 106.4. Violation penalties. Any person
who shall violate a provision of this code or who shall fail to comply
with any of the requirements thereof, or who shall use, maintain or
alter a lot, building or structure in violation of any approved plan
or directive of the Code Official or of any order, permit or certificate
issued under the provisions of this code or who shall violate any
order of the Code Official, or who shall fail to completely implement
or improperly remedy any health hazard, or who shall fail to completely
implement a plan to remedy a health hazard which has been reviewed
and approved by the Code Official shall be liable, upon summary convictions
therefor, to fines and penalties not less than $100 nor more than
$1,000 plus all cost of prosecution, which fines and penalties may
be collected as provided by law. All fines and penalties collected
for violation of this code shall be paid over to the Borough treasurer.
Each day that a violation continues shall be deemed a separate offense.
D.
Section 107.3 is hereby amended to include the additional subsections
known as 107.3.1 through 107.3.5, which shall provide as follows:
Section 107.3.1. Notice to abate health hazards or public
nuisance. It shall be the duty of the Code Official to cause
a notice to be served upon the owner or occupant of any premises upon
which any such weeds or other objectionable vegetation are permitted
to grow in violation of the provisions of this chapter or whenever
property is maintained so as to constitute a health hazard or a public
nuisance and require abatement of the health hazard or public nuisance
within 14 days from the date of service of such notice or such other
time period as may be set forth in the notice. Service of such notice
shall be as provided in Section 107.3.
Section 107.3.2. Performance of work upon noncompliance
with notice. In the event that the owner or occupant shall
refuse or neglect to abate such health hazard or public nuisance with
the time period as required by such notice or in the event that the
owner or occupant shall perform actions necessary to eliminate the
health hazard in a negligent or incomplete fashion, the Code Official
may cause such weeds or other objectionable vegetation to be cut,
eradicated and/or removed or take action necessary to eliminate such
health hazard or nuisance of which the owner or occupant has been
notified, keeping an account of the expenses of inspecting the premises,
service of notice and abating the health hazard and nuisance. All
such costs and expenses shall be charged to and paid by such owner
or occupant.
Section 107.3.3. Collection of costs. All costs
and expenses incurred by the Borough in the abatement of such health
hazard and public nuisances shall be a lien upon the premises, and
whenever a bill there for remains unpaid for a period of 30 days after
it has been rendered, the Borough solicitor shall file a municipal
claim or civil action for such costs and expenses, together with a
penalty of 10% of the costs and expenses, in the manner provided by
law for the collection of municipal claims.
Section 107.3.4. Service fees for reoccurring violations. When a property has been declared a "public nuisance" due to refuse
accumulation, insect, vermin or rodent infestation, lack of required
utilities, facilities, equipment or other property maintenance violations,
deemed a detriment to the occupants of a property or the public-at-large
and/or cause a blighting condition, the Borough Code Official will
notify the responsible party. In the event of a reoccurrence of the
violation within a twelve-month period, the following service charge
will be assessed against the responsible party:
(1)
First reoccurrence: $75.
(2)
Second reoccurrence: $150.
(3)
Third through sixth reoccurrence: $200 per occurrence.
(4)
Seventh or subsequent reoccurrence: $300 per occurrence.
|
Repeat offender service fees shall be payable to the Borough
within 15 days of receipt of the Borough invoice setting forth the
service fee. Failure to timely pay said fee will result in the Borough
instituting appropriate action against the offender to recover both
the service fee and any related administrative fees.
|
|
Section 107.3.5. Public safety official notice and quick
ticket citation procedures. In addition to other enforcement
mechanisms available to the Borough under this chapter, the Borough
Code Official is authorized to issue public safety official notices
for Property Maintenance Code violations and quick ticket citations
for code violations regarding high weeds and grass, garbage, rubbish,
animal waste, prohibited household items, and snow and ice removal
from sidewalks. The fines for the above-referenced violations shall
be payable within 15 days. Repeat offenders shall be subject to additional
penalties. Failure to pay the citation within 15 days may result in
a summary citation being issued through the local Magisterial District
Judge's office.
|
|
The forms of the public safety official notice and the quick
ticket citation are attached to this ordinance. The forms of the public
safety official notice and the quick ticket citation may be changed
by resolution by Borough Council from time to time.
|
E.
Section 108.4.1 is hereby amended to read as follows:
Any person who defaces or removes a condemnation placard without
the approval of the Code Official shall be subject to a penalty of
$500.
F.
Section 110.3 is hereby amended to read as follows:
Section 110.3. Failure to comply. Whenever the
owner of the property fails to comply with a demolition order within
the time period prescribed, the Code Official shall request the Borough
solicitor to institute an action at law or in equity against the property
owner to obtain an order authorizing the Code Official to raze and
remove such structure or contract for the razing and removal of such
structure at the expense of the owner of the property. At the completion
of such razing and removal, the Borough solicitor shall file a municipal
claim as a lien against the property in the amount of the Borough's
cost plus a penalty of 10% of such costs. The Borough solicitor may
also institute any proceedings at law or in equity to provide for
the collection of the Borough's costs.
G.
Section 110.4 is hereby deleted in its entirety.
H.
Section 111 is hereby amended and restated in its entirety to read
as follows:
Section 111.1 Appeal. An appeal from any decision
of the Code Official may be taken to Borough Council. Such appeal
shall be made in writing within 10 days after such decision has been
made. The appeal shall be verified by an affidavit, shall state the
grounds there for, and shall be filed with the Borough secretary.
The appellant or his representative shall have the right to appear
and be heard, if such right is requested in the written appeal. Borough
Council shall make a prompt decision of such appeal. In making a decision,
Borough Council may vary or modify any provision of its Code where
there are practical difficulties in the way of executing the strict
letter of the law so that the spirit of the law shall be observed,
public safety secured and substantial justice done. Such variation
or modification shall be the minimum necessary in order to grant relief.
Every action of the Borough Council on such appeal shall be by resolution,
copies of which shall be certified to the Code Official and the appellant.
I.
Section 112.4. The amount of fine to be imposed shall be no less
than $100 or more than $1,000.
J.
Section 202, General Definitions, is hereby amended to include the
following definitions:
|
BLIGHT PROPERTY/PUBLIC NUISANCE
| |
|
(1)
|
Any premises which, because of physical condition or use, is
regarded as a public nuisance and has been declared as a public nuisance
in accordance with the local housing, building, plumbing, fire and
related codes;
|
|
(2)
|
Any premises which, because of physical condition, use or occupancy,
is considered an attractive nuisance to children, including, but not
limited to, abandoned wells, shafts, basements, excavation, unsafe
fences or structures;
|
|
(3)
|
Any dwelling which, because it is dilapidated, unsanitary, unsafe,
insect or vermin infested or lacking in the facilities and equipment
required by this chapter, and had been designated by the Code Official
as unfit for human habitation or occupancy;
|
|
(4)
|
Any structure which is a fire hazard or is otherwise dangerous
to the safety of person or property;
|
|
(5)
|
Any structure from which the utility, plumbing, heating, sewage
or other facilities have been disconnected, destroyed, removed or
rendered ineffective so that the property is unfit for its intended
use.
|
|
(6)
|
Any vacant or unimproved lot or parcel of ground, which by reason
of neglect or lack of maintenance has become a place for accumulation
of trash and debris or a haven for rodents and other vermin;
|
|
(7)
|
Any property which is vacant which has not been rehabilitated
within one year of the receipt of notice to rehabilitate from either
the Code Official or Borough Council.
|
|
VEHICLE, HAZARDOUS
| |
|
A motor vehicle which:
| |
|
(1)
|
Contains one or more broken windows, is in the process of being
dismantled, has missing fender(s), bumper(s), one or more missing
doors or a missing trunk or hood which allows entry into the vehicle
by children or vermin.
|
|
(2)
|
Is structurally unstable or supported by blocks, jacks or other
devices which may slip or move, presenting danger to passersby.
|
|
(3)
|
Is parked upon property in such a manner as to obstruct the
vision of drivers or interfere with the free movement of pedestrians
or traffic.
|
|
STREET LEGAL VEHICLE
| |
|
A motor vehicle such as car, motorcycle or truck that is equipped
and licensed through the state for use on public roads and licensed
for use on public roads. Said vehicle shall be capable of operating
under its own power and will possess all equipment or features required
by law to allow it to be driven legally on public roads, streets,
alleys, etc. at any time and without restrictions.
| |
|
COUNCIL
| |
|
A governing body of a Borough.
| |
|
ABATE/ABATEMENT
| |
|
When used in connection with lead-based coating, the reduction
of, removal of or encapsulation of lead, followed by the thorough
cleanup and post-cleanup treatment from the surfaces and sources that
promote exposure resulting in the possibility of lead toxicity or
poisoning, which abatement shall be in a manner approved or determined
to be appropriate by the Code Official. The methods of abatement and
subsequent disposal of lead shall not present a hazard to health from
fumes, dust or vapors by inhalation, ingestion or absorption through
the skin and mucous membranes and shall be in accordance with all
applicable laws, ordinances, regulations and safety standards of the
Borough, the state and federal agencies.
| |
|
EXPOSED SURFACE
| |
|
When used in connection with lead-based coatings, all interior
surfaces of a dwelling or other structure which may be occupied by
children and those exterior surfaces of such dwelling or structures
which are readily accessible to children under six years of age, such
as stairs, decks, porches, railings, windows, doors and sidings. Any
yard or other area in the vicinity of a dwelling or structure, including,
without limitation, any soil, yard or other area which may be subject
to contamination from flaking or peeling lead based coatings or any
other source of lead is also considered an exposed surface.
| |
|
LEAD-BASED COATING
| |
|
Any paint, varnish, glaze or other applied liquid surface coating
and putty or plaster which contains a quantity of lead in excess of
0.6 milligrams per square centimeter of surface.
| |
|
RECOGNIZED METHOD OF ANALYSIS
| |
|
Any recognized method of lead detection and analysis which result
in measurement of lead in milligrams in a square centimeter of particular
area, including, without limitation, a radio isotype x-ray fluorescent
analyzer for in-place determination of lead content.
| |
K.
Section 302.1 shall be amended to include the following new subsection
302.1.1:
Section 302.1.1 Outdoor Storage of Household Items Prohibited. Those household items that are not manufactured or intended for
outdoor use shall not be placed or stored on any exterior property
area. This includes, but is not limited to the following: Any appliance,
tv's, electronics, any tires, broken toys, inoperable grills,
lawn mowers, or bicycles or parts thereof unless they are in the process
of being repaired; car parts; containers of oil, pesticides, and other
toxic fluids unless stored within approved containers and enclosures;
mattress/box spring, cardboard, trash, litter, waste lumber, skids,
indoor style furniture, filled garbage bags or plastic tubs, accumulation
of yard waste unless being stored for composting or other gardening
purposes, empty and unused pots, planters, or containers that would
collect and create stagnant water shall be prohibited unless the items
are being stored temporarily until being removed for proper disposal,
the length of such temporary allowable storage time shall be no more
than 10 calendar days.
L.
Section 302.4 is hereby amended in its entirety to read as follows:
302.4. Weeds. All premises and exterior property,
including yards shall be maintained free from weeds and grass in excess
of six inches; sidewalks, "beauty strips" between sidewalks and curbs,
and street gutters, shall be maintained free from weeds and grass
in excess of three 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. Sidewalks shall remain
free from any tripping hazards caused by plant growth, which is defined
as any vegetation within the sidewalk that exceeds three inches in
height. The Borough Council, the Code Official or any officer or employee
of the Borough designated thereby for the purpose is hereby authorized
to give notice, by personal service, by United States Mail or by posting
on the property, to the owner of any premises whereon grass, weeds
or other vegetation is growing or remaining in violation of the provisions
of this code, directing and requiring such owner to remove, trim or
cut such grass, weeds or vegetation so as to conform to the requirements
of this article within 14 days after the issuance of such notice.
In case any person shall neglect, fail or refuse to comply with such
notice, within the period of time stated herein, the Borough authorities
may remove, trim or cut such grass, weeds or vegetation, and the cost
thereof, together with a penalty of 10% of such cost, may be collected
by the Borough from such person in the manner provided by law.
M.
Section 302.8 shall be amended in its entirety to read as follows:
Section 302.8 Motor vehicles. Except as provided
in other regulations, the parking and storage of motor vehicles shall
be limited as provided herein.
Section 302.8.1. Licensed and inspected vehicles. Motor vehicles which have a current license and inspection may be stored upon a premise in accordance with the requirements of the Manheim Borough Zoning Ordinance, Chapter 220, and other applicable ordinances and regulations, unless such vehicles are hazardous vehicles as defined herein.
Section 302.8.2. Street Legal Vehicles. Only one
motor vehicle that is not a Street Legal Vehicle, shall be allowed
to be parked, kept or stored outside of a completely enclosed structure
on any premises in the Borough for up to a maximum of 10 calendar
days. Otherwise, these types of vehicles must be stored within a completely
enclosed structure, unless a vehicle storage permit is issued by the
Code Official. Covering up these types if vehicles with tarps or other
non-structural coverings does not constitute compliance. A vehicle
storage permit to allow one vehicle which is not a Street Legal Vehicle
to be parked or stored outside a completely enclosed structure beyond
the allowable ten day maximum, if issued, shall be valid for 90 days
and may be extended by the Code Official for an additional 90 days
if special circumstances exist. The permit fee for a vehicle storage
permit shall be established from time to time by resolution of Borough
Council. However, no motor vehicle shall at any time be in state of
major disassembly, disrepair or in the process of being stripped or
dismantled. The provisions of this section shall not apply to the
storage of motor vehicles on premises which otherwise comply with
applicable zoning regulations, such as automobile repair garages or
motor vehicle towing establishments.
Section 302.8.3. Hazardous vehicles. No person
who owns a hazardous vehicle shall park, place, deposit or permit
the parking, placement or depositing of the hazardous vehicle on any
property. No property owner shall permit any hazardous vehicle to
remain on the premises. If any hazardous vehicle is parked or placed
upon a premise, the Code Official and/or the police department shall
notify the owner or occupant of the premises of the duty to remove
the hazardous vehicle. The Code Official and/or the Police Department
shall post upon the hazardous vehicle in a conspicuous place a notice
directing the removal of the hazardous vehicle within 10 days. Should
the vehicle not be removed, the Code Official or Police Department
shall serve a second notice, which shall be in writing and shall provide
a time limit not to exceed five days within which the hazardous vehicle
has to be removed. Said notice shall be served as provided in Section
107.3 herein and shall additionally be posted upon the hazardous vehicle.
If the owner of the premises fails to remove the hazardous vehicle,
the Borough may take action to abate the health hazard resulting from
the hazardous vehicle as provided in Sections 107.3.1 through 107.3.3
herein.
Section 302.8.4. Repetitive notices. When two notices
regarding any vehicles that are defined as abandoned, not street legal
or hazardous are sent to the same address within a twelve-month period
of the original notice any additional vehicles within that same period
found on the property that are defined as abandoned, not street legal
or hazardous shall initiate an automatic citation upon the third and
any subsequent notices. Different or the same vehicles that are defined
as abandoned not street legal and/or hazardous being rotated on and
off the property shall be viewed collectively and not as separate
individual violations.
N.
Section 304.14, Insect Screens, substitute "April 15" for the first
reference of [DATE], and "October 1" for the second reference of [DATE].
O.
Section 602.3 substitute "October 1" for the first reference of [DATE],
and "April 15" for the second reference of [DATE].
P.
Section 602.4 substitute "October 1" for the first reference of [DATE],
and "April 15" for the second reference of [DATE].
Q.
A new Chapter 9, Leasing of Residential Dwelling Units, shall be
added, which shall read as follows:
Section 900.0. General.
Section 900.1. Definitions. For the purposes of
this chapter, the following terms shall have the following meanings:
|
BOROUGH — The Borough of Manheim, Lancaster County, Pennsylvania.
| |
|
CHAPTER 166 — Chapter 166 of the Manheim Borough Code of Ordinances, entitled "Rental Property," as may be amended and/or restated from time to time.
| |
|
OWNER — Any person who alone, jointly or severally with
others shall have:
| |
|
(1)
|
Legal or equitable title to any dwelling or dwelling unit, with
or without accompanying actual possession thereof; or
|
|
(2)
|
Charge, care or control of any dwelling or dwelling unit as
owner or manager of owner, or as executor, administrator, trustee
or guardian of the estate of the owner.
|
|
PERSON — Any individual, firm, corporation, association,
partnership, limited-liability company or any other entity.
| |
|
RESIDENTIAL RENTAL UNIT — A rooming unit, or a dwelling
unit let for rent, or a residential unit occupied by any person other
than one occupied solely by the owner and members of the owner's
immediate family. Each individual townhouse dwelling, each individual
apartment unit, each individual unit in a multifamily building, and
each rooming unit shall be considered a separate residential rental
unit. If a structure contains a rooming unit or if any portion of
the structure is let for rent, it shall be considered a residential
rental unit, whether or not the owner or a relative of the owner also
resides in the structure. A residential rental unit shall not include
a hotel unit or a hospital room utilized for medical services. A residential
rental unit includes a dwelling unit under a lease-purchase agreement
or long-term (greater than six months) agreement of sale.
| |
|
Section 900.2. Scope. The provisions of this article and Chapter 166 shall govern the leasing of all residential rental units, rooming houses, multiple-family dwellings, rooming units and one- and two-family dwellings in the Borough.
| |
|
Section 900.3. Responsibility. Each owner of each structure located in the Borough shall be responsible for compliance with the requirements of this article and the requirements of Chapter 166. If any structure is managed by a person other than the owner, that person shall also be responsible for compliance with the requirements of this article and Chapter 166.
| |
[Adopted 5-11-2004 by Ord. No. 584 (Ch. 5, Part 1, of the
1992 Code); amended in its entirety 9-27-2022 by Ord. No. 679]
A.
The purpose of this article is to promote the general health, safety
and welfare of the citizens of the Borough of Manheim and to conform
to the requirements of the Pennsylvania Construction Code Act, Act
45 of 1999 (hereinafter the "Act") and regulations related to the
Act as promulgated by the Pennsylvania Department of Labor and Industry
(hereinafter "Department").
B.
The Act requires the enactment of an appropriate ordinance by municipalities
electing to administer and enforce the provisions of the Building
Code adopted under the Act, in accordance with the rules and regulations
promulgated by the Department.
A.
From and after the effective date of this article, it shall be known
and understood that the Borough of Manheim, Lancaster County, Pennsylvania,
elects to administer and enforce the provisions of the Act, as enacted
and amended from time to time, and its regulations.
B.
A certain document, three copies of which are on file in the office of the Borough of Manheim, being marked and designated as the International Building Code, 2015 edition, including Appendix in §§ 100-7 and 100-8 as noted below, as published by the International Code Council, be and is hereby adopted as the Building Code of the Borough of Manheim, in the state of Pennsylvania 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 occupancy and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code on file in the office of the Borough of Manheim are hereby referred to, adopt, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in the following:
Administration and enforcement of the code within Manheim Borough
shall be undertaken in any of the following ways, as determined by
the Borough Council from time to time by resolution:
A.
By the designation of an employee of the Borough to serve as the
Building Code Official to act on behalf of the Borough.
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Borough.
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of the Act and/or Code provisions through
an intermunicipal agreement.
D.
By entering into a contract with another municipality for the joint
administration and enforcement of the Act and/or code provisions on
behalf of the Borough.
E.
By entering into an agreement with the Department for plan review,
inspections and enforcement of the Act and/or code provisions as they
relate to structures other than one-family or two-family dwelling
units, utility and miscellaneous-use structures.
For the purpose of addressing disputes, a Board of Appeals shall
be established by resolution of the Borough Council of the Borough
of Manheim in conformity with the rules and regulations provided for
in the code, for the purposes set forth therein, as they may be amended
from time to time. Within the Borough of Manheim, the Board of Appeals
shall be established in one of the following ways, as determined by
the Borough Council.
A.
By the appointment of no fewer than three nor more than seven qualified
individuals who are residents of the Borough or who own property within
the Borough.
A.
The list of codes hereby adopted shall be consistent with the listing provided in the 2015 International Building Code Chapter 1 Scope and Administration Section 101 General. "The Department adopts and incorporates by reference the following codes as the Uniform Construction Code: Chapters 2 through 29 and 31 through 35 of the International Building Code, the ICC Electrical Code, the International Mechanical Code, the International Fuel Gas Code, the International Plumbing Code, the International Residential Code, the International Fire Code, the International Energy Conservation Code, the International Existing Building Code and the International Wildland-Urban Interface Code. The Codes herein adopted may be amended and/or updated from time to time by Resolution of Borough Council of the Borough of Manheim.
B.
In addition, the following specific appendixes are adopted as a part
of the Uniform Construction Code: Sections AE501 through AE503, inclusive,
and AE601 through AE605, inclusive, of Appendix E (Manufactured Housing)
and Appendix G (Swimming Pools, Spas and Hot Tubs), of the International
Residential Code, along with Appendix E (Supplemental Accessibility
Requirements) and Appendix H (Sign Construction and Installation Requirements)
of the International Building Code. The appendixes herein adopted
may be amended and/or updated from time to time by Resolution of Borough
Council of the Borough of Manheim.
The Act and code provide that the municipality, as part of its
ordinance, may adopt other specific appendixes. As such, the following
appendixes shall be incorporated as a part of this article as if they
were fully stated herein.
A.
Appendixes from the International Residential Code for one- and two-family
dwellings shall be adopted as follows:
In addition to all types of construction, placement of structures,
repairs and alterations for which the Uniform Construction Code requires
a permit, the Borough, pursuant to the authorization of Act 92 of
2004, shall require persons to obtain permits under the Manheim Borough
Construction Code for all of the following:
A.
The construction, erection or placement of any accessory structure
which is equal to or greater than 400 square feet, whether or not
such accessory structure is connected to any utility.
B.
The construction, erection or placement of any accessory structure
which is less than 400 square feet, if such accessory structure is
provided with any utility service. The applicant shall obtain a permit
only for the purpose of inspection for the utility or utilities being
installed or provided to the accessory structure.
C.
All alterations or repairs to residential buildings which are exempt
from the Uniform Construction Code by Act 92 of 2004; provided, however,
that the following types of alterations and repairs shall continue
to be exempt, and no permit will be required:
(1)
Replacement of windows and doors when there is no change in the size
of the existing opening.
(2)
Re-roofing of less than 25% of the total existing roof square footage.
(3)
Replacement of a hot-water heater, HVAC equipment, boiler or furnace,
or the replacement of any part of a hot-water heater, boiler or furnace
with the same or improved efficiency rating, electrical and plumbing
requirements.
(4)
Addition or replacement of siding on the exterior of the residential
structure.
(5)
Repair or replacement of any nonstructural portion of a deck, porch
or stoop.
(6)
Replacement of an appliance switch or receptacle with a switch or
receptacle which is the same or has a like rating.
(7)
The addition of one appliance switch or receptacle.
(8)
The repair or replacement of any interior nonstructural member.
(9)
The repair or replacement of any sink, toilet, tub, shower or similar
plumbing fixture without relocation of any drain or venting device.
Table R301.2(1) of the International Residential Code provides
for the insertion of certain values that are directly related to the
location of the jurisdiction adopting the standard code. These insertions
must be included within the adopting ordinance in order to make the
code enforceable. As such, values shall be inserted as follows:
A.
Ground snow load: 30 pounds per square foot (psf). Source: Figure
R301.2(5). Note: The thickness of the snow, moisture content and freeze
thaw will increase the design weight substantially.
B.
Wind speed: 90 mph. Source: Figure R301.2(4).
C.
Seismic design category: B. Source: Figure R301.2(2).
D.
Weathering: Severe. Source: Figure R301.2(3).
E.
Frost line depth: 36 inches bottom of footing below final grade.
Source: historic data.
F.
Termite: moderate to heavy. Source: Figure R301.2(6).
G.
Decay: slight to moderate. Source: Figure R301.2(7).
H.
Winter design temperature: +10° F. Source: Figure R301.2(1).
I.
Flood Hazards: Floodplain Ordinance No. 486, 2-22-1983, FEMA Flood
Insurance Study, September 2, 1982; FIRM Community Panel No. 420555
001 B, March 2,1983; and FBFM Community Panel No. 420555 0001, March
2,1983; as may be amended. Verify with Borough Floodplain Administrator.
Borough Council shall establish permit, plan review, inspection
and other assessable fees for the administration and enforcement undertaken
pursuant to this article, the act and/or code from time to time by
resolution.
Section (A)114.4 of the International Building Code is hereby
amended in its entirety to read as follows:
Any person, partnership, or corporation who or which has violated
or permitted a provision of this code or fails to comply with any
of the requirements thereof or who erects, constructs, alters or repairs
a building or structure in violation of the approved construction
documents or directive of the building official, or of a permit or
certificate issued under the provisions of this code, shall be subject
to the following penalties.
Upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough, pay a judgement of not more than $1,000
plus all court costs, including reasonable attorney's fees, incurred
by the Borough as a result thereof. No judgement shall commence or
be imposed, levied or be payable until the date of the determination
of a violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgement, the Borough may enforce
the judgement pursuant to the applicable rules of civil procedure.
Each day that a violation continues shall constitute a separate violation,
unless the Magisterial District Judge determining that there has been
a violation further determines that there was a good faith basis for
the person, partnership or corporation violating the chapter to have
believed that there was no such violation, in which event there shall
be deemed to have been only one such violation until the fifth day
following the date of the determination of a violation by the magisterial
District Judge, and thereafter each day that a violation continues
shall constitute a separate violation. All judgements, costs and reasonable
attorney's fees collected for the violation of this chapter shall
be paid over to the Borough.
