[HISTORY: Adopted by the Board of Supervisors of Lower Frederick
Township 10-4-2012 by Ord. No. 11-07. Amendments noted where applicable.]
The Board of Supervisors of Lower Frederick Township hereby
adopts the International Property Maintenance Code, 2009 (IPMC 2009),
as published by the International Code Council, as the Property Maintenance
Code of Lower Frederick Township.
The Board of Supervisors hereby revises the provisions of the
IPMC 2009 in the following manner:
A.
Section 101.1 shall be revised to substitute the terms "Lower Frederick
Township" for "NAME OF JURISDICTION";
B.
Section 102.3 shall be revised to read: "shall be done in accordance
with the adopted rules and regulations of Lower Frederick Township."
C.
Section 102.6, Historic Buildings, shall be revised
to delete the words "and in the public interest of health, safety,
and welfare."
D.
The title of Section 103 shall be revised to hereafter provide as
follows "CODE OFFICIAL AND DEPUTIES";
E.
Section 103.1 shall be revised to hereafter provide as follows: "Creation of the Office of the Code Official. The office of
Code Official is hereby created and the executive official(s) in charge
thereof shall be known as the Code Official."
F.
Section 103.2 shall be revised to hereafter provide as follows: "Appointment. The Code Official shall be appointed by the Board
of Supervisors and shall serve at the pleasure of the Board of Supervisors."
G.
Section 103.5 shall be revised to hereafter provide as follows: "Fees. The fee for all work permits, charges, etc., shall be
paid in accordance with the fee schedule resolution in effect at the
time application is made."
H.
The title to Section 104.6 shall be revised to hereafter provide
as follows "Code Official's Records."
I.
Section 106.3 of shall be revised to hereafter provide as follows:
"Prosecution of Violation. Persons who shall violate
a provision of this Code, fail to comply with any of the requirements
thereof or erect, install, alter or repair work in violation of the
approved construction documents or directive of the Code Official,
or of a permit or certificate issued under the provisions of this
Code, shall be guilty of a summary offense, punishable by a fine of
not more than $1,000 per violation. Each day that a violation continues
after due notice has been served shall be deemed a separate offense."
J.
Section 107.5 is revised by deleting the reference to "Section 106.4"
and by substituting in the place thereof Section 106.3.
K.
Section 109.3 shall be revised to delete the authority to close "sidewalks,
street, and public ways."
L.
Section 111 is hereby revised to hereafter provide as follows:
(1)
Section 111.2 Membership of Board. The Board of Appeals
shall consist of the Lower Frederick Township Board of Supervisors.
The Code Official shall be an ex-officio member, but shall have no
vote on any matter before the Board.
(2)
Section 111.2.1 Alternate Members. The Board of Appeals
shall appoint two or more alternate members who shall be called by
the Board Chairman to hear appeals during the absence or disqualification
of a member. Alternate members shall be qualified by experience and
training to pass on matters pertaining to property maintenance and
shall not be employees of Lower Frederick Township.
(3)
Section 111.2.2 Chairman. The Chairman of the Board
of Supervisors shall serve as Chairman of the Board of Appeals.
(4)
Section 111.2.3 Disqualification of Members. A member
shall not hear an appeal in which that member has a personal, professional
or financial interest.
(5)
Section 111.2.4 Secretary. The Township Secretary or
the Assistant Township Secretary shall serve as the Secretary to the
Board. This Secretary shall file a detailed record of all proceedings
in the office of the Township Manager.
(6)
Section 111.2.5 Compensation of Members. Alternate Members
shall be compensated a rate determined by the Township Board of Supervisors.
The Supervisors shall not receive compensation over and above that
awarded to the Supervisors in their capacity as Supervisors. Compensation
of members shall be determined by law.
(7)
Section 111.7 Court Review. Any person or corporation
affected by the appeal shall have the right to appeal the decision
of the Board of Supervisors to the Court of Common Pleas of Montgomery
County. The appeal must be talked within 30 days of the date of the
decision by the Board of Appeals.
M.
Section 112.4, Failure to Comply, shall be amended to
add that "Failure to Comply will be dealt with in accordance to Section
106.3 of the IPMC 2009."
N.
HISTORIC BUILDING
OCCUPIED
ONE-FAMILY DWELLING
TWO-FAMILY DWELLING
Section 202 is hereby revised to include the following definitions,
along with those listed:
A building or structure that is identified and classified
by federal or local government authority or the Historical and Museum
Commission as an historic building or site.
As applied to a building or portion thereof, shall be construed
as though followed by the words "or intended, arranged or designed
to be occupied, or having a certificate of use and occupancy."
A building containing one dwelling unit.
A building containing two dwelling units.
O.
Section 301 is hereby revised to add Subsection 301.2.1 which shall
hereafter provide as follows: "Section 301.2.1. Where properties abut
a public right-of-way, the abutting property owner shall be responsible
for the maintenance of the area between their property line and the
cartway, including the curb, the sidewalk and grass areas between
the curb and the property line."
P.
Section 302 is hereby revised to add a new Subsection 302.3.1, which
shall hereafter provide as follows: "Section 302.3.1. Where sidewalks
exist, those responsible (see Section 301.2.1, as amended) for the
sidewalks shall have at least a two-foot wide path cleared of snow
and ice within 24 hours after the cessation of the snowfall. EXCEPTION;
When more than 12 inches of snow has fallen, those responsible for
the sidewalk shall have at least a two-foot wide path cleared of snow
and ice within 48 hours after the cessation of the snowfall."
Q.
Section 302.4, which reads, "All premises and amend all premises
and exterior property shall be maintained free from weeds or plant
growth in excess of 12 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, this term shall not
include cultivated flowers and gardens," shall be amended to read,
Properties under one acre and not in the riparian buffer area shall
be maintained free from plant growth in excess of 12 inches. Weeds
shall be defined as all grasses, annual plants, and vegetation, other
than trees or shrubs provided: however, this term shall not include
cultivated flowers and gardens."
R.
Section 302.5, Rodent Harborage, amend the first sentence to read:
"all structures and exterior property shall be kept free of rodent
infestation."
S.
MOTOR VEHICLES
Section 302.8 shall be revised to add a definition to the Code as
follows:
Only one intact inoperative or unlicensed motor vehicle shall
be parked, stored or kept on any premises, in excess of 90 days, unless
enclosed within a permitted structure. The first notice or citation
from the Code Enforcement Officer shall allow 90 days from the date
of the notice or citation to remove the said vehicle. Nonremoval after
this notice shall result in a violation subject to the penalties of
Section 106.3 of this Code.
T.
Section 304.2, Protective Treatment: delete the words "Oxidation
stains shall be removed from exterior surfaces. Surfaces designed
for stabilization by oxidation are exempt from this requirement."
U.
Section 304.3, Premises Identification, shall be amended to delete
alphabet letters.
V.
Section 304.14 shall be amended to read: "In every non-owner-occupied
structure, during the period from May 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 screen door used for insect control
shall have a self-closing device in good working order.
W.
Section 308, Rubbish and Garbage, shall have a subsection 308.4 added
entitled COMPOSTING: "Composting should be in accordance with current
DEP regulations. Materials that shall never be composted include:
diseased plants or leaves, plants that have gone to seed, human or
animal feces, persistent plants such as poison ivy, quack grass, multiflora
rose and blind weed, and meat, dairy products or vegetable matter
cooked in those products."
X.
Section 402, LIGHT, shall be deleted. Section 403. VENTILATION, shall
be deleted with the exception: 403.5 Clothes dryer exhaust shall remain.
Y.
Section 602.3 is revised to substitute the date "October 1" for the
first reference to "DATE," and "May 1" for the second reference to
"DATE."
Z.
Section 602.4 is hereby deleted.
AA.
The references to "THE BUILDING OFFICIAL" as set forth in the International
Property Maintenance Code, 2009, shall be revised to substitute in
the place thereof the terms "Code Official";
BB.
The International Property Maintenance Code, 2009, shall be revised
to substitute the terms "the Board of Supervisors" in all instances
referencing the terms "THE GOVERNING BODY."
CC.
The following sections shall be added to the IPMC 2009:
(1)
SECTION 801. Single-family dwelling requirements. Upon
transfer of title to a new owner, or upon said building becoming vacant,
no single-family dwelling shall be occupied, in whole or in part,
until the issuance of a certificate by the Code Enforcement Officer.
The following requirements must be met before a certificate shall
be issued:
(a)
Decks, pools and other accessory structures conformed to zoning
regulations and building codes.
(b)
Permanent swimming pools, spas and hot tubs must be enclosed
with a fence, barrier (gates) in accordance with Section 303.2 of
this code, as amended.
(c)
Cellar drains or sump pumps connected to a public sewer must
be removed.
(d)
Roof drains must not be connected to a public sewer.
(e)
A smoke detector must be installed on each floor level.
(f)
A fire extinguisher equipped with a hose and nozzle and of a
five-pound ABC dry powder rating must be supplied for the dwelling.
(g)
An existing acceptable 60 ampere service, or a minimum of 100
ampere three-wire electric service, must be installed for the dwelling.
(h)
All kitchens, bathrooms, powder rooms and laundry rooms, or
any outlets within six feet of water source, must be supplied with
a ground fault receptacle.
(i)
All gas ranges must be supplied with shutoff valves installed
behind the range.
(j)
All electrical ranges must have an outlet installed at the rear
of the range.
(k)
Buildings shall have approved address numbers in accordance
with section 304.3 of this code as amended. Building numbers or approved
building identification shall be placed in a position that is plainly
legible and visible from the street or road fronting the property.
These numbers shall be contrast with their background. Address numbers
shall be Arabic numerals. Numbers shall be a minimum of four inches
with a minimum stroke width of 0.5 inch.
(l)
The property must be in clean and sanitary condition.
(m)
A certificate of inspection must be provided by a Township-authorized
heat and oil burner service dealer for the heating unit.
(n)
All solid fuel burning appliances and the chimney/vent must
be cleaned and inspected by a Township-authorized chimney sweep or
service dealer of the heating unit.
(o)
Before the issuance of the property transfer use and occupancy
certificate, a full buyer notification inspection shall be conducted.
The old owner must inform the new owner of all pending violations,
and a letter of intent signed as to who will be responsible for the
said violations.
(p)
In the event that the property transfer does not occur, the
present owner must correct all listed violations within 60 days of
the date on which the settlement on the property was to have occurred.
Failure to abate said violation shall be subject to the penalties
set forth in Section 106 of the 2009 IPMC.
(q)
Transfer-only permits. The Code Enforcement Officer shall have
the power to issue permits for the transfer of ownership of single-family
dwellings that are not intended for occupancy until all requirements
of Section 801.1-14, hereof, have been satisfied. The Township Supervisors,
by resolution, shall establish the appropriate fee for the issuance
of a transfer only permit.
(2)
SECTION 802. Two-Family and Multiple-Dwelling Units. Upon transfer of title to a new owner, no attached rental unit or
two-family dwelling and no multiple dwellings shall be occupied, in
whole or in part, until the issuance of a property transfer certificate
of occupancy by the Code Enforcement Officer that said structure conform
in all respects to the requirements of this code and International
Fire Prevention Code. The following requirements must be met before
a property transfer certificate of use and occupancy shall be issued:
(a)
Before the issuance of the said certificate of occupancy, a
full code compliance inspection shall be conducted. The old owner
must inform the new owner of all pending violations, and a letter
of intent shall be signed as who will be responsible for said violations.
All violations must be corrected within 60 days upon transfer of the
title to the new owner.
(b)
In the event that the property transfer does not occur, the
present owner must correct all listed violations within 60 days of
the date on which the settlement on the property was to have occurred.
Failure to abate such violation shall be subject to the penalties
set forth in Section 106 of the 2009 IPMC.
(c)
All hazardous building, safety, fire, plumbing and electrical
violations cited at the time of inspection by the Code Enforcement
Officer shall be corrected in the time specified by the Building Inspector
and Fire Marshal.
(3)
SECTION 803. Commercial, Office, Manufacturing and Industrial
Buildings. Upon transfer of title to a new owner, no commercial,
office, manufacturing or industrial building shall be occupied, in
whole or in part, until the issuance of a property transfer certificate
of occupancy by the Code Enforcement Officer that said structure conforms
in all respects to the requirements of this code (International Property
Maintenance Code/2009 Edition) and the International Fire Prevention
Code. The following requirements must be met before a property transfer
certificate of use and occupancy shall be issued:
(a)
Before the issuance of the said certificate of occupancy, a
full code compliance inspection shall be conducted. The owner must
inform the new owner of all pending violations, and a letter of intent
shall be signed by whoever will be responsible for the correction
of the violations, which must occur within 60 days of transfer of
the deed to the new owner.
(b)
In the event that the property transfer does not occur, the
present owner must correct all listed violations within 60 days of
the date on which the settlement on the property was to have occurred.
Failure to abate such violation shall be subject to the penalties
set forth in Section 106 of the 2009 IPMC.
(c)
All hazardous building, safety, fire, plumbing and electrical
violations cited at the time of inspection by the Code Enforcement
Officer shall be corrected in the time specified by the Building Inspector
and Fire Marshal.
(4)
SECTION 803.5. Fees. The fee paid to Lower Frederick
Township for the residential housing inspection for each residential
housing unit or each commercial unit shall be in an amount as established
from time to time by resolution of the Board of Supervisors.
Any section of this chapter which is inconsistent with 68 P.S.
§ 1081-1083, known as the Pennsylvania Municipal Code and
Ordinance Compliance Act (MCOCA), shall not be enforced. The provisions
of the MCOCA shall prevail over any inconsistent provisions of this
chapter.
The provisions of this chapter, so far as they are the same
as those of ordinances and regulations in force immediately prior
to the enactment of this chapter, are intended as a continuation of
such ordinances and regulations and not as new enactments. The provisions
of this chapter shall not affect any act done or liability incurred,
nor shall they affect any suit of prosecution pending or to be instituted
to enforce any of these repealed ordinances or regulations.
