[Ord. 687, 2/18/1988, § 100.0]
1.
Title. This Part shall be known as the "Existing Structures and Property
Maintenance Code of the Borough of Elizabethtown "hereinafter referred
to as the "Existing Structures Code or "This Code."
2.
Scope. This Part is to protect the public health, safety and welfare
in all existing structures, residential and nonresidential, and on
all existing premises as hereinafter provided by:
A.
Establishing minimum maintenance standards for all structures and
premises for basic equipment and facilities for light, ventilation,
space heating and sanitation; for safety from fire; for space, use
and location; and for safe and sanitary maintenance of all structures
and premises now in existence.
B.
Establishing minimum requirements for all existing buildings and
structures for means of egress, fire protection systems and other
equipment and device necessary for safety from fire.
C.
Providing for rehabilitation and reuse of existing structures and
allowing differences between the application of the Code requirements
to new application of the Code requirements to new construction and
the application of the Code requirements to alterations and repairs.
D.
Fixing the responsibilities of owners, operators and occupants of
all structures.
E.
Providing for administration, enforcement and penalties.
3.
Intent. This Part shall be construed liberally and justly to insure
public health, safety and welfare insofar as they are affected by
the continued use and maintenance of structures and premises.
4.
Other Regulations. The provisions in this Part shall not be construed
to prevent the enforcement of other ordinances or regulations which
prescribe standards other than are provided herein.
5.
Application of Other Codes. Any repairs or alterations to a structure,
or changes of use therein, which are caused directly or indirectly
by the enforcement of this Part shall be done in accordance with the
procedures and provisions of the building, plumbing and mechanical
codes listed in Appendix A of this Part.
6.
Existing Remedies. The provisions in this Part shall not be construed
to abolish or impair existing remedies of the Borough or its officers
or agencies relating to the removal or demolition of any buildings
which are dangerous, unsafe and unsanitary.
7.
Workmanship. All repairs, maintenance work, alterations or installations
which are required for compliance with this Part shall be executed
and installed in a workmanlike and acceptable manner so as to secure
the results intended by this Part.
[Ord. 687, 2/18/1988, § 101.0]
1.
Validity. If any section, subsection, paragraph, sentence, clause
or phrase of this Part shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this Part
which shall continue in full force and effect, and to this end the
provisions of this Part are hereby declared to be severable.
2.
Saving Clause. This Part shall not affect violations of any other
ordinance, code or regulation existing prior to the effective date
hereof, and any such violation shall be governed and shall continue
to be punishable to the full extent of the law under the provisions
of those ordinances, codes or regulations in effect at the time the
violation was committed.
[Ord. 687, 2/18/1988, § 102.0]
1.
Alterations or Repairs. Alterations or repairs to existing structures
shall conform to the BOCA Building Code for new construction. Alteration
or repairs shall not cause an existing structure to become unsafe
or adversely affect the performance of the building.
2.
Other Ordinances. As provided in § 101(2), this Part establishes
minimum requirements for the initial and continued occupancy and use
of all structures and premises and does not replace or modify requirements
otherwise established by ordinance which are additional or more stringent
for the construction, repair, alteration or use of structures, equipment
or facilities.
[Ord. 687, 2/18/1988, § 103.0]
1.
Approved Materials and Equipment. All materials, equipment and devices
approved for use by the Code Official shall be constructed and installed
in accordance with such approval.
2.
Modification. When there are practical difficulties involved in carrying
out the structural or mechanical provisions of this Part, the Code
Official shall be permitted to vary or modify such provision upon
application of the owner or the owner's representative, provided
that the spirit and intent of the law shall be observed and public
welfare and safety assured.
3.
Records. Applications for modification and final decision of the
Code Official shall be in writing and shall be officially recorded
in the permanent records of the department.
4.
Used Materials and Equipment. Used materials, equipment and devices
shall not be reused unless thy have been reconditioned, tested and
placed in good and proper working condition and approved for use by
the Code Official.
5.
Alternative Materials and Equipment. The provisions of this Part
are not intended to prevent the use of any material or method of construction
not specifically prescribed by this Part, provided any such construction
shall be approved when the Code Official finds that the proposed design
is satisfactory and complies with the intent of the provisions of
this Part, and that the material, method or work offered is, for the
purpose intended, at least the equivalent of that prescribed in this
Part in quality, strength, effectiveness, fire resistance, durability
and safety.
6.
Research and Investigations. The Code Official shall require that
sufficient technical data be submitted to substantiate the proposed
use of any material or assembly, and if it is determined that the
evidence submitted is satisfactory proof of performance for the use
intended, the Code Official shall approve its use subject to the requirements
of this Part, the costs of all tests, reports and investigations required
under these provisions shall be paid by the applicant.
[Ord. 687, 2/18/1988, § 104.0]
1.
Officer. If shall be the duty and responsibility of the Code Official
to enforce the provisions of this Part as herein provided. The Borough
Manager(s) may enforce any section of this Part.
2.
Relief from Personal Liability. Any Code Official, officer or employee
who acts in good faith and without malice in the discharge of duties
of enforcement of this Part is relieved of all personal liability
for any damage accruing to persons or property as a result of such
acts or alleged failure to act. Further, the Code Official shall not
be held liable for any costs in any action, suit or proceeding that
is instituted by the Code Official in the enforcement of this Part.
In any of these actions, the official or employee shall be defended
or represented by the Borough Solicitor until the final termination
of the proceedings.
3.
Official Records. An official record shall be kept of all business
and activities of the department specified in the provisions of this
Part.
[Ord. 687, 2/18/1988, § 105.0; as amended by Ord.
864, 11/17/2005, § 312]
1.
General. The Code Official shall enforce all the provisions of this
Part.
2.
Notices and Orders. The Code Official shall issue all necessary notices
and orders to abate illegal or unsafe conditions to insure compliance
with the requirements or this Part for the safety, health, and general
welfare of the public.
3.
Rental Properties. All dwelling units, apartments, rooming units and hotels or other residential rental units as defined in Part 3, Residential Rental Units Regulations of this chapter, which are let for occupancy shall be subject to all inspections authorized and required by Chapter 5 of this Code, and this Part, to random inspections by the Codes Compliance Official, and to inspections if the Codes Compliance Official reasonably determines that an inspection is necessary.
[Amended by Ord. 983, 11/16/2017]
4.
Nonconforming Conditions. If additional nonconforming conditions
are encountered during the course of any approved alteration or repair
which were not considered or known initially, the Code Official shall
have the authority to require compliance with this Part of such additional
conditions. The determination of what is necessary to bring such conditions
into compliance shall take into consideration the use of alternative
and equivalent approaches as provided for in this Part. The Code Official
shall have the authority to approve construction changes in the field
when conditions are encountered which make the originally approved
work impracticable, provided such changes in approved work can be
readily determined to be in compliance with this Part and are requested
by the owner or the owner's agent prior to such construction
changes. Such changes shall be specifically documented by the owner
or the owner's agent describing the change in work and the reasons
and justification for the change, and shall be filed with the permit
for the project.
5.
Right of Entry. If any owner, occupant, or other person in charge
of a structure subject to the provisions of this Part refuses, impedes,
inhibits, interferes with, restricts, or obstructs entry and free
access to any part of the structure or premises where inspection authorized
by this Part is sought, the administrative authority shall be permitted
to seek, in a court of competent jurisdiction, an order that such
owner, occupant or other person in charge cease and desist with such
interference.
6.
Access by Owner or Operator. Every occupant of a structure or premises
shall give the owner or operator thereof, or agent or employee, access
to any part of such structure or its premises at reasonable times
for the purpose of making such inspection, maintenance, repairs or
alterations as are necessary to comply with the provisions of this
Part.
7.
Credentials. The Code Official or the Code Official's authorized
representative shall disclose proper credentials of their respective
office for the purpose or inspecting any and all buildings and premises
in the performance of duties under this Part.
8.
Coordination of Enforcement. Inspection of premises, the issuance
of notice and orders and enforcement thereof shall be the responsibility
of the Code Official so charged by the Borough. Whenever inspections
are necessary by any other department, the Code Official shall make
reasonable effort to arrange for the coordination of such inspections
so as to minimize the number of visits by inspectors, and to confer
with the other departments for the purpose of eliminating conflicting
orders before any are issued. A department shall not however, delay
the issuance of any emergency orders.
9.
Rule Making Authority. The Code Official shall have power as may
be necessary in the interest of public safety, health and general
welfare, to adopt and promulgate rules and regulations to interpret
and implement the provision of this Part to secure the intent thereof
and to designate requirements applicable because of local climatic
or other conditions; but such rules shall not have the effect of waiving
working stresses or fire protection requirements specifically provided
in this Part or violating approved practice involving public safety.
10.
Annual Report. At least annually, the Code Official shall submit
to the Borough Council a written statement of operations in the form
and content as shall be prescribed by the Borough.
[Ord. 687, 2/18/1988, § 106.0]
1.
General. When a structure or part thereof is found by the Code Official
to be unsafe, or when a structure or part thereof is found unfit for
human occupancy or uses, or is found unlawful, it shall be condemned
by Borough Council pursuant to the provisions of this Part and shall
be placarded and vacated. It shall not be reoccupied without approval
of the Code Official. Unsafe equipment shall be placarded and placed
out of service.
2.
Unsafe Structure. An unsafe structure is one in which all or part
thereof is found to be dangerous to life, health, property, or the
safety of the public or its occupants by not providing minimum safeguards
for protection from fire or because it contains unsafe equipment or
it is so damaged, decayed, dilapidated, structurally unsafe or of
such faulty construction or unstable foundation that partial or complete
collapse is likely.
3.
Unsafe Equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that it is a hazard
to life, health, property or safety of the public or occupants of
the premises or structure.
4.
Structure Unfit for Human Occupancy. A structure is unfit for human
occupancy or use whenever the Code Official finds that it is unsafe,
unlawful, or because of the degree in which it lacks maintenance or
is in disrepair, is unsanitary, vermin or rat infested, contains filth
and contamination, or lacks ventilation, illumination, sanitary or
heating facilities or other essential equipment required by this Part,
or because its location constitutes a hazard to its occupants or to
the public.
5.
Unlawful Structure. An unlawful structure is one found to be occupied
by more persons than permitted under this Part, or was erected, altered
or occupied contrary to law.
6.
Closing of Vacant Structures. If the structure or part thereof is
vacant and unfit for human habitation, occupancy or use and is not
in danger of structural collapse, the Code Official shall be permitted
to post a placard of condemnation on the premises and order the structure
closed up so it will not be an attractive nuisance to youngsters.
Upon failure of the owner to close up the premises within the time
specified in the order, the Code Official shall cause it to be closed
through any available public agency or by contract or arrangement
by private persons and the cost thereof shall be charged against the
real estate upon which the structure is located and shall be a lien
upon such real estate.
[Ord. 687, 2/18/1988, § 107.0; as amended by Ord.
882, 2/15/2007]
1.
Notice to Owner or to Person or Persons Responsible. Whenever the
Code Official determines that there has been a violation of this Part
or had reasonable grounds to believe that a violation has occurred,
or whenever the Code Official has condemned any structure or equipment
under the provisions of § 107, notice shall be given to
the owner or the person or persons responsible therefore in the manner
prescribed below, If the Code Official has condemned the property
or part thereof, the Code Official shall give notice to the owner
and to the occupants of the intent to placard and to vacate the property
or to order equipment out of service.
2.
Form. Such notice prescribed in § 108(1) shall:
A.
Be in writing.
B.
Include a description of the real estate sufficient for identification.
C.
Include a statement of the reason or reasons why it is being issued.
D.
Include a correction order allowing a reasonable time for the repair
and improvements required to bring the dwelling unit or structure
into compliance with the provisions of this Part.
E.
Include an explanation of the owner's right to seek modification
or withdrawal of the notice by petition to an appeals board or appropriate
review board.
3.
Service. Such notice shall be deemed to be properly served upon such
owner if a copy thereof is delivered to the owner personally; or by
leaving the notice at the usual place of abode, in the presence of
someone in the family of suitable age and discretion, who shall be
informed of the contents thereof; or by certified or registered mail,
addressed to the owner at the last known address, with return receipt
requested; or if the supplied registered letter is returned with receipt
showing that it has not been delivered, and the enforcement officer
does not otherwise know that the person to whom notice is directed
has not otherwise received same, then by:
A.
Posting a copy of the notice in a conspicuous place in or about the
structure affected by such notice; and
B.
By publication of the notice of the action once in the legal publication,
if any, designated by the court in Lancaster County, Pennsylvania,
and in one newspaper of general circulation within Lancaster County,
Pennsylvania. The publication notice shall contain the name of the
action, and the name of the party involved and state the nature of
the action.
4.
Service on Occupant. When a condemnation order is served on an occupant
other than the owner or person responsible for such compliance, a
reasonable time to vacate the property after noncompliance shall be
stated. Tenants, owners or persons responsible for compliance must
vacate at the time set for correction of defects if there is failure
of compliance.
5.
Penalties. Penalties for noncompliance with orders and notice shall
be subject to the penalties set forth in § 111.2.
6.
Transfer of Ownership. It shall be unlawful for the owner of any
dwelling unit or structure who has received a compliance order or
upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of to another until the provisions
of the compliance order or notice of violation have been complied
with, or until such owner shall first furnish the grantee, transferee,
mortgagee or lessee, a true copy of any compliance order or notice
of violation issued by the Code Official and shall furnish to the
Code Official a signed statement from the grantee, transferee, mortgagee
or lessee, acknowledging the receipt of such compliance order or notice
of violation and fully accepting the responsibility without condition
for making the corrections or repairs required by such compliance
order or notice of violation.
[Ord. 687, 2/18/1988, § 108.0]
1.
Placarding of Structure. After the condemnation notice required under
the provisions of this Part has resulted in an order by virtue of
failure to comply within the time given, the Code Official shall post
on the premises or structure or parts thereof, or on defective equipment,
a placard bearing the words: "Condemned as Unfit for Human Occupancy
or Use," and a statement of the penalties provided for any occupancy
or use or for removing the placard. The owner or the person or persons
responsible for the correction of violations shall remove themselves
from the property on failure to comply with the correction order in
the time specified, but other occupants shall be given a reasonable
time thereafter to vacate.
2.
Prohibited Use. Any person who shall occupy a placarded premises
or structure or part thereof, or shall use placarded equipment, and
any owner or any person responsible for the premises who shall let
anyone occupy a placarded premises shall be liable for the penalties
provided by this Part.
3.
Removal of Placard. The Code Official shall remove the condemnation
placard whenever the defect or defects upon which the condemnation
and placard action were based have been eliminated. Any person who
defaces or removes a condemnation placard without the approval of
the Code Official shall be subject to the penalties provided by this
Part.
[Ord. 687, 2/18/1988, § 109.0]
1.
General. Whenever the Code Official finds that an emergency exists
on any premises, or in any structure or part thereof, or on any defective
equipment which requires immediate action to protect the public's
health and safety or that of the occupants thereof, the Code Official
shall, with proper notice and service in accordance with the provisions
of § 108, issue an order reciting the existence of such
an emergency and requiring the vacating of the premises or such action
taken as is necessary to meet such emergency. Notwithstanding other
provisions of this Part, such order shall be effective immediately,
and the premises or equipment involved shall be placarded immediately
upon service of the order.
2.
Hearing. Any person to whom such order is directed shall comply with
that order. Such person shall thereafter, upon petition directed to
the appeals board, be afforded a hearing as prescribed in this Part.
Under emergency conditions, such person shall file a petition for
appeal within 72 hours of such order and the Appeals Board will hold
a hearing within 15 days of the appeal notice. Depending upon the
findings of the board at such hearing as to whether the provisions
of this Part have been complied with, the board shall continue such
order or modify or revoke it.
[Ord. 687, 2/18/1988, § 110.0; as amended by Ord.
829, 11/15/2001; by Ord. 889, 9/20/2007, § 2; by Ord. 945,
2/21/2013; by Ord. 960, 9/18/2014]
1.
Unlawful Acts. It shall be unlawful for any person, firm or corporation
to erect, construct, alter, extend, repair, remove, demolish, use
or occupy any structure or equipment regulated by this Part, or cause
same to be done, contrary to or in conflict with or in violation of
any of the provisions of this Part.
2.
Penalty. Any person, firm or corporation, who shall violate any provisions
of this Part shall, upon conviction thereof, be subject to a fine
of not less than $200 nor more than $1,000 plus costs of prosecution
and, in default of payment of said fine and costs, to a term of imprisonment
for a term not to exceed 30 days. The costs shall include, without
limitation, any court filing fees and the expenses incurred by the
Borough for its employees to collect any such sums as well as attorney
fees incurred by the Borough. Each day beyond the effective date of
the notice that a violation continues after due notice has been served,
in accordance with the terms and provisions hereof, shall be deemed
a separate offense.
3.
Prosecution. In case any violation order is not promptly complied
with, the Code Compliance Official, following consultation with the
Borough Council and/or Borough Solicitor, shall be authorized to institute
an appropriate action or proceeding to exact the penalty provided
in § 111.2. The Code Compliance Official shall have further
authority to consult with the Borough Solicitor as to whether it would
also be appropriate to proceed at law or in equity against the person
responsible for the violation and to so proceed if deemed necessary
for the purpose of ordering that person:
A.
To restrain, correct or remove the violation or refrain from any
further execution of work.
B.
To restrain or correct the erection, installation or alteration of
such structure;
C.
To require the removal of work in violation.
D.
To prevent the occupation or use of the structure or part thereof
erected, constructed, installed or altered in violation of, or not
in compliance with, the provisions of this Part, or in violation of
a plan or specification under which an approval, permit or certificate
was issued.
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 listed in this Part, deemed
a detriment to the occupants of a property or the public-at-large
and/or cause a blighting condition, the Code Compliance Official will
notify the responsible party. In the event of a reoccurrence of the
violation, a service charge established by the Borough Council of
the Borough of Elizabethtown by ordinance or resolution shall be assessed
against the responsible party. Repeat offender service fees shall
be payable to the Borough of Elizabethtown 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.
5.
Public Safety Official Notice and Quick Ticket Procedures. In addition
to other enforcement mechanisms available to the Borough under this
Part, the Code Compliance Official is authorized to issue public safety
official notices for Property Maintenance Code violations and Quick
Tickets for violations including, but not limited to, high weeds and
grass, garbage, failure to clear snow and ice from public sidewalks,
accumulation of rubbish, animal waste and improper storage. The Code
Compliance Official may issue a Quick Ticket in addition to or in
lieu of issuing a notice of violation. The Code Compliance Official
shall serve the ticket by mail, personally delivering the ticket to
the property owner or property management office or company responsible
for said property in violation or by affixing the ticket to the property
where the violation exists. The Code Compliance Official may use more
than one form to serve the ticket to the violator. The Quick Ticket
penalties for the above-referenced violations shall be payable within
15 days. Repeat offenders shall be subject to additional penalties.
Failure to pay the Quick Ticket within 15 days may result in a summary
citation being issued through the local Magisterial District Judge's
office. The Borough Council of the Borough of Elizabethtown shall
approve Quick Ticket forms and penalty amounts by resolution. Appeals
of this Section shall be made pursuant to § 113 of this
Part.
[Ord. 687, 2/18/1988, § 111.0]
1.
General. The Code Official, upon a direction by the Borough Council,
shall order the owner of the premises upon which is located any structure
or part thereof, which in the Code Official's judgment is so
old, dilapidated or is in such a state of disrepair to be dangerous,
unsafe, unsanitary or otherwise unfit for human habitation, occupancy
or use, and so that it would be unreasonable to repair the same, to
raze and remove such structure or part thereof; or if it can be made
safe by repairs, to repair and make safe and sanitary or to raze and
remove at the owner's option; or where there has been a cessation
of normal construction of any structure for a period of one year,
to raze and remove such structure of part thereof.
2.
Unreasonable Repairs. Whenever the Code Official, Borough Council
and necessary consultants determine that the cost of such repairs
would exceed 100% of the current value of such structure, such repairs
shall be presumed unreasonable and it shall be presumed for the purpose
of this Section that such structure is a public nuisance which shall
be ordered razed without option on the part of the owner to repair.
3.
Order. The order shall specify a time in which the owner shall comply
therewith and specify repairs, if any. It shall be served on the owner
of record or an agent where an agent is in charge of the building
and upon the holder of any encumbrance of record in the manner provided
for service of a summons by a court of record. If the owner or a holder
of an encumbrance of record cannot be found, the order shall be served
by posting it on the main entrance of the building and by publishing
it once each week for three successive weeks in a newspaper authorized
to provide service by publication.
4.
Restraining Actions. Anyone affected by any such order may within
15 days after service of such order apply to a court of record for
an order restraining the Code Official from razing and removing such
structure or parts thereof. The court shall determine whether the
order of the Code Official is reasonable, and if found reasonable,
the court shall dissolve the restraining order, and if found not reasonable,
the court shall continue the restraining order or modify it as the
circumstances may require.
5.
Failure to Comply. Whenever the owner of a property fails to comply
with a demolition order within the time prescribed, the Code Official
shall cause the structure or part thereof to be razed and removed,
either through an available public agency or by contract or arrangement
with private persons, and the cost of such razing and removal shall
be charged against the real estate upon which the structure is located
and shall be a lien upon such real estate.
6.
Salvage Materials. When any structure has been ordered razed and
removed, the Borough Council or other designated person under said
contract or arrangement aforesaid shall have the right to sell the
salvage and valuable materials at the highest price obtainable. The
net proceeds of such sale, after deducting the expenses of such razing
and removal, shall be promptly remitted with a report of such sale
or transaction, including the items of expense and the amounts deducted,
for the use of the person who is entitled thereto, subject to any
order of a court. If such a surplus does not remain to be turned over,
the report shall so state.
[Ord. 687, 2/18/1988, § 112.0]
1.
Petition. Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this Part,
or of any rule of regulation adopted pursuant thereto, shall have
the right to request and shall be granted a hearing on the matter
before the board; provided that such person shall file, in the office
of the board, a written petition requesting such hearing and containing
a statement of the grounds therefore within 30 days after the day
the notice was served.
2.
Appeals Board. In order to protect existing structures in the Borough
from overly vigorous enforcement of the provisions of this Part, there
shall be and is hereby created a Code Appeals Board, hereafter referred
to as the Board, consisting of five members who shall be appointed
by the Borough Council.
3.
Membership. Whenever possible, the membership of the Board shall
consist of the Board of Health Office, a member of Borough Council,
a fire company official, a builder or contractor, and a licensed engineer.
At least three members shall have been a resident of the Borough.
Borough Council shall appoint each member for a term of five years.
Borough Council shall appoint a Borough official to serve as secretary
to the Board. This official shall be a nonvoting member of the Board.
4.
Vote. The Board shall hear all appeals relative to the enforcement
of this Part, and by a concurring vote of the majority of its members
shall reverse or affirm wholly or partly, or modify, the decision
appealed from, and shall make such order or determination as in its
opinion ought to be made. In the case of a tied vote, the action shall
be deemed a confirmation of the decision of the Code Official.
5.
Financial Interest. A member of the Board shall not participate in
any appeal in which that member has a direct or indirect financial
interest, or is engaged as a contractor, or is engaged in the preparation
of plans and specifications or in which that member has any personal
interest.
6.
Records. The secretary of the Board shall keep a record of each meeting
so that the record shows clearly the basis for each decision made
by the Board.
[Ord. 687, 2/18/1988, § 201.0; as amended by Ord.
744, 9/16/1993, § 2; by Ord. 882, 2/15/2007; by Ord. 945,
2/21/2013]
1.
General.
A.
Scope. Unless otherwise expressly stated, the following terms shall,
for the purpose of this Part, have the meanings indicated in this
Part.
B.
Interchangeability. Words used in the present tense include the future;
words in the masculine gender include the feminine and neuter; the
singular number includes the plural and the plural the singular.
C.
Terms Defined in Other Codes. Where terms are not defined in this
Part and are defined in the building, plumbing or mechanical codes
listed in Appendix A, they shall have the same meaning ascribed to
them as in those codes.
D.
Terms Not Defined. Where terms are not defined, through the methods
authorized by this Section, they shall have their ordinarily accepted
meanings such as the context shall imply.
E.
Parts. Whenever the words "dwelling unit," "multifamily dwelling,"
"premises," "residential building," or "rooming unit" are used in
this Part, they shall be construed as though they were followed by
the words, "or any part thereof."
[Amended by Ord. 983, 11/16/2017]
2.
ABATEMENT
ACCESSORY DWELLING UNIT
APPROVED
BASEMENT
BED-AND-BREAKFAST ESTABLISHMENT
BUILDING CODE
CENTRAL HEATING
CODE OFFICIAL
CONDEMN
DORMITORY
DWELLINGS
DWELLING UNIT
ELEVATED BLOOD LEAD LEVEL
EXPOSED SURFACE
EXTERIOR PROPERTY AREAS
EXTERMINATION
FAMILY
GARBAGE
HABITABLE SPACE
HOTEL/MOTEL
INFESTATION
LEAD BASED COATING
LET FOR OCCUPANCY or LET
MAINTENANCE
MOTOR VEHICLE
MULTIFAMILY APARTMENT HOUSE
OCCUPANT
ONE FAMILY DWELLING
OPENABLE AREA
OPERATOR
OWNER
PERSON
PLUMBING FIXTURE
PREMISES
PUBLIC NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
RESIDENTIAL BUILDING
RESIDENTIAL RENTAL UNIT
ROOMING UNIT
RUBBISH
SHORT-TERM LODGING ACCOMMODATION
STRUCTURE
TRANSIENT OCCUPANCY
TRANSIENT OCCUPANT
TWO-FAMILY DWELLING
VENTILATION
WORKMANLIKE
YARD
YARD WASTE
Applied Meaning of Words and Terms.
The reduction of, removal of or encapsulation of lead, followed
by thorough clean up and post clean up 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 Borough. The method 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, State and Federal agencies.
An accessory dwelling unit as defined in Chapter 27, Zoning.
[Added by Ord. 983, 11/16/2017]
Approved by the Code Official.
That portion of a building which is partly or completely
below grade.[1]
A bed-and-breakfast establishment as defined in Chapter 27, Zoning.
[Added by Ord. 983, 11/16/2017]
The Building Code officially adopted by the Borough of Elizabethtown,
or other such codes officially designated by the Borough for the regulation
of construction, alteration, addition, repair, removal, demolition,
use, location, occupancy and maintenance of buildings and structures.
The heating system permanently installed and adjusted so
as to provide the distribution of heat to all habitable rooms, bathrooms
and water closet compartments from a source outside of these rooms.
The official who is charged with the administration and enforcement
of this Part, or any duly authorized representative.
To adjudge unfit for use or occupancy.
A space in a building where group sleeping accommodations
are provided for persons not members of the same family group, in
one room, or in a series of closely associated rooms.
See § 114(1)(E).
A single unit providing complete, independent lining facilities
for one or more persons including permanent provisions for living,
sleeping, eating, cooking and sanitation. (See § 114.1E.)
A blood lead level of a child under six years of age confirmed
by venous sample to be equal to or greater than the lead level defined
as elevated by the United States for Centers Disease Control.
All interior surfaces of a dwelling and those exterior surfaces
of a dwelling which are readily accessible to children under six years
of age, such as stairs, decks, porches, railings, windows, doors and
siding. Any yard or other area in the vicinity of a dwelling 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.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The control and elimination of insects, rats or other pests
by eliminating their harborage places; by removing or making inaccessible
materials that serve as their food; by poison spraying, fumigating,
trapping, or by any other approved pest elimination methods.[2]
A family as defined in Chapter 27.
[Added by Ord. 983, 11/16/2017]
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
space, and similar areas are not considered habitable space.[3]
A building or group of buildings where more than six individual
sleeping quarters that may have separate entrances are offered for
compensation, to transient occupants as defined in this Part, licensed
under applicable laws and regulations. Such a use may have ancillary
services, such as recreational facilities, dining services, meeting
rooms, and/or fitness centers.
[Added by Ord. 983, 11/16/2017]
The presence, within or contiguous to, a structure or premises
of insects, rats, vermin or other pests.
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.
To permit possession or occupancy of a dwelling, dwelling
unit, rooming unit, building or structure by a person who shall be
the legal owner or not be the legal owner of record thereof, pursuant
to a written or unwritten lease, agreement or license, or pursuant
to a recorded or unrecorded agreement or contract for the sale of
land.
Acts or repair and other acts to prevent a decline in the
condition of grounds, structures, and equipment; such that the condition
does not fall below the standards established by this Part and other
applicable statutes, codes and ordinances.[4]
A vehicle which is self-propelled (except an electric personal
assistive mobility device or vehicle which is propelled solely by
human power), as well as any other trailer, tag-along or other item
which is required to be licensed by the Commonwealth of Pennsylvania,
Department of Motor Vehicles, whether self-propelled or not. A motor
vehicle shall include but not be limited to cars, all forms of trucks,
motorcycles, motor-driven cycles, motorized pedicycles, and motor
homes. The use of the specific examples of a "motor vehicle" is not
intended to nor shall it diminish the general language of the definition.
A building or portion thereof containing more than two dwelling
units and not classified as a one or two family dwelling.
Any person living and/or sleeping in dwelling unit or having
possession of a space within a building.
A building containing one dwelling unit.
That part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the State, county or Borough as holding title to the property;
or otherwise having control of the property, including the guardian
of the estate of any such person, and the executor or administrator
of the estate of any such person if ordered to take possession of
real property by a court.
An individual, corporation, partnership or any other group
acting as a unit.
A receptacle or device which is either permanently or temporarily
connected to the water distribution system of the premises, and demands
a supply of water therefrom; or discharges used water, liquid-borne
waste materials, or sewage either directly or indirectly to the drainage
system of the premises; or which requires both a water supply connection
and a discharge to the drainage system of the premises.
A lot, plot or parcel of land including the buildings or
structures thereon. (See § 114(1)(E).)
The physical condition, or use of any premises regarded as a
public nuisance at common law.
Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to children, including,
but not limited to, abandoned wells, shafts, basements, excavations
and unsafe fences or structures.
Any premises which has unsanitary sewerage or plumbing facilities.
Any premises designated as unsafe for human habitation or use.
Any premises which is manifestly capable of being a fire hazard,
or is manifestly unsafe or unsecured as to endanger life, limb or
property.
Any premises from which the plumbing, heating and/or facilities
required by this Part have been removed or from which utilities have
been disconnected, destroyed, removed or rendered ineffective, or
the required precautions against trespassers have not been provided.
Any premises which is unsanitary, or which is littered with
rubbish of garbage, or which has an uncontrolled growth of weeds.
Any structure or building that is in a state of dilapidation,
deterioration or decay; faulty construction; overcrowded; open, vacant
or abandoned; damaged by fire to the extent as not to provide shelter,
in danger of collapse or failure and dangerous to anyone on or near
the premises.
A building in which sleeping accommodations or sleeping accommodations
and cooking facilities as a unit are provided; except when classified
as an "institution" under the building code listed in Appendix A.
(See § 114(1)(E).)[5]
A rooming unit as defined in Chapter 27, Zoning.
[Amended by Ord. 983, 11/16/2017]
Combustible and noncombustible waste materials, except garbage,
and the term shall include the residue from the burning of wood, coal,
coke, and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
A short-term lodging accommodation as defined in Chapter 27, Zoning.
[Added by Ord. 983, 11/16/2017]
That which is built or constructed, including without limitation
because of enumeration, buildings for any occupancy or use whatsoever,
fences, signs, billboards, fire escapes, chute escapes, railings,
water tanks, towers, open grade steps, sidewalks or stairways, tents
or anything erected and framed of component parts which is fastened,
anchored or rests on a permanent foundation or on the ground.
Transient occupancy as defined in Chapter 27, Zoning.
[Added by Ord. 983, 11/16/2017]
A person, as defined in this Part, who uses, possesses, or
occupies a dwelling unit or portion thereof for a period of 30 consecutive
calendar days or less.
[Added by Ord. 983, 11/16/2017]
A building containing two dwelling units.
The natural or chemical process of supplying conditioned
or unconditioned air to or removing air from any space.
Whenever the words "workmanlike state of maintenance and
repair" are used in this Part, they shall mean that such maintenance
and repair shall be made in a reasonably skillful manner.
An open unoccupied space on the same lot with a building
extending along the entire length of street, or rear or interior lot
line.
Shall consist of garden residues, leaves, shrubbery, tree
trimmings, grass clippings, dirt, sod, chipped wood, mulch, and tree
branches.
[1]
Editor’s Note: The former definition of “boarding
house,” which immediately followed this definition, was repealed
by Ord. 983, 11/16/2017.
[2]
Editor’s Note: The former definition of “family,”
which immediately followed this definition, was repealed by Ord. 983,
11/16/2017.
[3]
Editor’s Note: The former definition of “hotel,”
which immediately followed this definition, was repealed by Ord. 983,
11/16/2017.
[4]
Editor’s Note: The former definition of "motel," which
immediately followed this definition, was repealed by Ord. 983, 11/16/2017.
[5]
Editor’s Note: The former definition of "rooming house,"
which immediately followed this definition, was repealed by Ord. 983,
11/16/2017.
[Ord. 687, 2/18/1988, Art. 3; as amended by Ord. 829, 11/15/2001;
by Ord. 882, 2/15/2007; by Ord. 945, 2/21/2013]
1.
General.
A.
Scope. The provisions of this Part shall govern the minimum conditions
for maintenance of exterior property, premises and structures. Premises
shall comply with the conditions herein prescribed insofar as they
are applicable.
B.
Responsibility. The owner of the premises shall maintain such structures
and premises in compliance with these requirements. A person shall
not occupy as owner-occupant or let to another for occupancy or use
premises which do not comply with the following requirements of this
Section.
C.
Vacant Structures and Land. All vacant structures and premises thereof
or vacant land shall be maintained in a clean, safe, secure, and sanitary
condition as provided herein so as not to cause a blighting problem
or adversely affect the public health or safety.
2.
Exterior Property Areas.
A.
Sanitation. All exterior property areas and premises shall be maintained
in a clean, safe and sanitary condition free from any accumulation
of rubbish or garbage.
B.
Containers. The operator of every establishment producing garbage,
vegetable wastes, or other putrescible materials shall provide, and
at all times cause to be used, leak proof approved containers provided
with close fitting covers for the storage of such materials until
removed from the premises for disposal. It shall be unlawful to permit
the accumulation or residue of liquids, solids or a combination of
such material on the bottom or side of containers and that the interior
of the containers shall be kept clean by thorough rinsing and draining
as often as necessary.
C.
Grading and Drainage. All premises shall be graded and maintained
so as to prevent the accumulation of stagnant water thereon, or within
any structure located thereon. Stagnant water shall be determined
as any accumulation that has not dispersed within seven days of the
last recorded local rainfall with the exception of water retention
areas and/or reservoirs approved by the Code Official.
D.
Loading Areas. All loading areas, automobile service stations and
drive-in food establishments shall be paved with bituminous, concrete
or equivalent surfacing and shall be free from dirt and other litter
and kept in good repair. When lighted for nighttime use, lights shall
not be permitted to cast directly upon dwellings nearby.
E.
Insect and Rat Control. An owner of a structure or property shall
be responsible for the extermination of insects, rats, vermin or other
pests in all exterior areas of the premises, except that the occupant
shall be responsible for such extermination in the exterior areas
of the premises of a single family dwelling. Whenever infestation
exists in the premises of other than a single family dwelling, extermination
shall be the responsibility of the owner.
F.
Public Areas. All sidewalks, steps, driveways, parking spaces and
similar paved areas for public use shall be kept in a proper state
of repair, free of all snow, ice, mud, overhanging trees and shrubs
which obstruct walkways and other debris and shall be maintained free
of hazardous conditions. If any sidewalk or driveway or portion thereof,
by virtue of its state of repair, shall constitute a danger to public
health and safety, the sidewalk or driveway or portion thereof shall
be replaced. Steps shall comply with the requirements for exterior
stairs. Any trees, shrubbery and/or vegetation abutting a public sidewalk
or public street or public alley shall be maintained to a minimum
height of 10 feet of clearance above the public sidewalk or public
right-of-way and at a minimum height of 16 feet above any public street
or public alley.
G.
Weeds. All lots shall be maintained free from weeds in excess of
six 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. The area between the curb and the street should
be maintained free from weeds or plant growth.
H.
Storage Areas.
(1)
All approved open salvage yards and open storage areas shall be completely
obscured from surrounding property by an approved solid screen not
less than six feet (1,829 mm) in height. Storage of debris, junk or
construction materials, which are not associated with an approved
use or permitted construction at that site, shall be prohibited.
(2)
Temporary storage of materials associated with an approved use is
permitted for 90 days from the date of delivery. Storage of materials
associated with an approved use shall not be stored in a front yard
for more than 30 days from the date of delivery.
(3)
Storage of lawn and landscape equipment, items dealing with snow
removal, household items, toys, recreational equipment, trash receptacles,
transportation devices and furniture shall be strictly prohibited
from being stored in the front yard as defined within the Zoning Ordinance.[1]
(4)
Storage of items on a front or side porch shall be confined to the
appropriate outdoor style furniture and decorations. Toys, boxes,
recycling and trash receptacles, indoor furniture, loaded trash bags,
clothes, appliances and items associated with indoor residential uses
shall be prohibited from being stored on the front and/or side porches.
I.
Exhaust Vents. A person shall not construct, maintain, or operate
pipes, ducts, conductors, fans, or blowers discharging gases, steam,
vapor, hot air, grease, smoke, odors or other gaseous or particulate
wastes so as to discharge directly upon abutting or adjacent public
and private property or that of another tenant.
J.
Accessory Structure. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in compliance with all applicable provisions of Subsections 3 and 4. Should an accessory structure abut a public alley or street, the accessory structure shall display the site address in accordance with Chapter 5, Part 1, § 115, Subsection 3B.
[Amended by Ord. 975, 6/16/2016]
L.
Residential Areas. Except as may be provided in other regulations,
no unregistered and/or uninspected motor vehicle shall be parked on
any property (including driveway area) in a residential district or
residential use for a period in excess of 90 days, which ninety-day
period shall be calculated beginning with the day that the registration
and/or inspection of the vehicle became void. Said vehicle shall not
at any time be in a state of major disassembly or disrepair, nor shall
it be in the process of being stripped or dismantled. A motor vehicle
of any type shall not at any time undergo overhaul, including body
work, in a residential district or area, unless such work is performed
inside a structure or similarly enclosed area designed and approved
for such purposes. If any such unregistered/uninspected motor vehicle
is, before the expiration of the ninety-day period, moved in to an
enclosed structure, it shall not be a violation of this section.
M.
Nonresidential Areas. Motor vehicles which are currently unregistered
and/or uninspected for a period in excess of 90 days, which ninety-day
period shall be calculated beginning with the day that the registration
and/or inspection of the vehicle became void, or in a state of major
disassembly or disrepair or in the process of being stripped and stored
outdoors on any property in a nonresidential district shall be removed
or brought into compliance with this Part.
N.
Disposition of Yard Waste. Yard waste shall not be disposed of on
public rights-of-way, streets and/or alleys.
3.
Exterior Structure.
A.
General. The exterior of a structure shall be maintained in good
repair, structurally sound and sanitary so as not to pose a threat
to the health, safety or welfare of the occupants and so as to protect
the occupants from the adverse effects of the environment.
B.
Site Address. Buildings shall have approved address numbers, building
numbers or approved building identification placed in a position that
is plainly legible and visible from the street or public alley fronting
the structure(s). These numbers shall contrast with their background.
Address numbers shall be Arabic numbers or alphabetical letters. Numbers
shall be a minimum of four inches (102 mm) high with a minimum stroke
width of 1/2 inch (12.7 mm). Where access is by means of a private
road and the building address cannot be viewed from the public way,
a monument, pole or other sign or means shall be used to identify
the structure.
[Amended by Ord. 975, 6/16/2016]
C.
Structural Members. All supporting structural members of all structures
shall be kept structurally sound, free of deterioration and maintained
capable of safely bearing the dead and live loads imposed upon them.
D.
Exterior Surfaces (Foundations, Walls and Roof). Every foundation,
exterior wall, roof and all other exterior surfaces shall be maintained
in a workmanlike state of maintenance and repair and shall be kept
in such condition as to exclude rats.
E.
Foundation Walls. All foundation walls shall be maintained so as
to carry the safe design and operating dead and live loads and shall
be free from open cracks and breaks, so as not to be detrimental to
public safety and welfare.
F.
Exterior Walls. Every exterior wall shall be free of holes, breaks,
loose or rotting boards or timbers, and any other conditions which
might admit rain or dampness to the interior portions of the walls
or to the occupied spaces of the building. All exterior surface materials,
including wood, composition, or metal siding, shall be maintained
weatherproof and shall be properly surface coated when required to
prevent deterioration.
G.
Roofs and Drainage. The roof shall be structurally
sound, tight, and not have defects which might admit rain. All principal
use structures shall have roof spouting attached to a down spout.
Roof drainage shall be adequate to prevent rain from causing dampness
or deterioration in the walls or interior portion of the building.
Roof water from principal and/or accessory structures shall not be
discharged in a manner that creates a nuisance to owners or occupants
of adjacent premises or that creates a public nuisance.
[Amended by Ord. 975, 6/16/2016; and by Ord. No. 995, 12/19/2019]
H.
Decorative Features. All cornices, entablatures, belt courses, corbels,
terra cotta trim, wall facings and similar decorative features shall
be maintained in good repair with proper anchorage and in a safe condition.
I.
Signs, Marquees, and Awnings. All canopies, marquees, signs, metal
awnings, stairways, fire escapes, standpipes, exhaust ducts and similar
overhand extensions shall be maintained in good repair and be properly
anchored so as to be kept in a safe and sound condition. They shall
be protected from the elements and against decay and rust by the periodic
application of weather coating material such as paint or other protective
treatment.
J.
Chimneys and Towers. All chimneys, cooling towers, smoke stacks,
and similar appurtenances shall be maintained structurally safe, sound
and in good repair. All exposed surfaces of metal or wood shall be
protected from the elements and against decay or rust by periodic
application of weather-coating materials such as paint or similar
surface treatment.
K.
Stair and Porches.
(1)
Every stair, porch, fire escape, balcony, and all appurtenances attached
thereto shall be so constructed as to be safe to use and capable of
supporting the anticipated loads and shall be maintained in sound
condition and good repair. Every stair, porch and fire escape shall
be maintained free of hazardous conditions such as snow, ice, mud
and other debris.
(2)
Every flight of stairs which is more than four risers high shall
have a handrail on at least one side of the stair and every open portion
of a stair, fire escape, porch, landing or balcony which is more than
30 inches (762mm) above the grade below shall have guardrails. Handrails
shall be not less than 30 inches (762mm) nor more than 34 inches (864mm)
high, measured vertically above the nosing of the treads. Guardrails
shall be not less than 30 inches (762mm) high above the floor or the
porch, landing or balcony. Every handrail and guardrail shall be firmly
fastened and capable of bearing normally imposed loads and shall be
maintained in good condition.
L.
Window and Door Frames. Every window, door and frame shall be constructed
and maintained in such relation to the adjacent wall construction
so as to be weather tight.
M.
Weather tight. Every window and exterior door shall be fitted reasonably
in its frame and be weather tight. Weather stripping shall be used
to exclude wind or rain from entering the dwelling or structure and
shall be kept in sound condition and good repair.
N.
Glazing. Every required window sash shall be fully supplied with
approved glazing materials which are without open cracks and holes.
O.
Openable Windows. Every window, other than a fixed window, shall
be capable of being easily opened and shall be held in position by
window hardware.
P.
Insect Screens.
(1)
During the period from April 1 to December 1 every door and window
or other outside opening used for ventilation purposes serving any
building containing habitable rooms, food preparation areas, food
service areas, or any areas where products used in food for human
consumption are processed, manufactured, packaged, or stored, shall
be supplied with approved tight-fitting screens of not less than 16
mesh per inch and every swinging screen door shall have a self-closing
device in good working condition.
(2)
Exception. Screen doors shall not be required for out-swinging doors
or other types of opening which make screening impractical, provided
other approved means such as air curtains or insect repellent fans
are employed.
Q.
Door Hardware. Every exterior door and its hardware shall be maintained
in good condition. Door locks on all doors entering dwelling units
shall be in good repair and capable of tightly securing the door.
R.
Basement Hatchways. Every basement hatchway shall be so constructed
and maintained as to prevent the entrance of rats, rain and surface
drainage water into the structure.
S.
Guards for Basement Windows. Every basements window which is openable
shall be supplied with rat-proof shields, or storm windows or other
material affording protection against the entry of rats.
4.
Interior Structure.
A.
General. The interior of a structure and its equipment shall be maintained
in good repair, structurally sound and in a sanitary condition so
as not to pose a threat to the health, safety or welfare of the occupants
or visitors, and to protect the occupants from the environment.
B.
Structural Members.
(1)
The supporting structural members of every building shall be maintained
structurally sound, not showing any evidence of deterioration which
would render them incapable of carrying the imposed loads.
(2)
In every existing building used for business, industrial, mercantile
or storage occupancy, in which heavy loads or concentrations occur
or in which machinery is introduced, the owner or occupant shall cause
the weight that each floor will safely sustain to be calculated by
a registered architect or engineer and filed with the Code Official,
and after such acceptance by the Code Official, to be posted on each
floor in a conspicuous place.
C.
Interior Surfaces. Floors, walls (including windows and doors) ceilings,
and other interior surfaces shall be maintained in good, clean and
sanitary condition. Peeling paint, cracked or loosed plaster, decayed
wood, and other defective surface conditions shall be eliminated.
D.
Bathroom and Kitchen Floors. Every toilet, bathroom and kitchen floor
surface shall be constructed and maintained so as to permit such floor
to be kept in a clean and sanitary condition.
E.
Free from Dampness. Every building, basement and crawl space shall
not be maintained in a manner that fosters decay or deterioration
of the structure.
F.
Sanitation. The interior of every structure shall be maintained in
a clean and sanitary condition free from any accumulation of rubbish,
refuse or garbage. Rubbish, garbage, and other refuse shall be properly
kept inside temporary storage facilities as required under § 120(2).
G.
Storage. Garbage or refuse shall not be allowed to accumulate or
be stored in public halls or stairways.
H.
Insect and Rat Harborage. All structures shall be kept free from
insect and rat, mice and vermin infestation, and where insects or
rats are found, they shall be promptly exterminated by approved processes
which will not be injurious to human health. After extermination,
proper precautions shall be taken to prevent reinfestation.
I.
Exit Facilities. All interior stairs and railings and other exit
facilities of every structure shall be maintained in sound condition
and good repair by replacing treads and risers that evidence excessive
wear or are broken, warped or loose. Every inside stair shall be so
constructed and maintained as to be safe to use and capable of supporting
the anticipated loads.
J.
Handrails and Guardrails. Every flight of stairs which is more than
four risers high shall have a handrail on at least one side of the
stair, and every open portion of a stair, landing or balcony which
is more than 30 inches (762mm) above the floor or grade below shall
have guardrails. Handrails shall be not less than 30 inches (762mm)
nor more than 34 inches (864mm) high, measured vertically above the
nosing of the tread or above the floor of the landing or balcony.
Guardrails shall be not less than 30 inches (762mm) high above the
floor of the landing or balcony. Every handrail and guardrail shall
be firmly fastened and capable of bearing normally imposed loads and
shall be maintained in good condition.
5.
Swimming Pools. Swimming pools shall operate in a safe and sanitary manner at all times. Should the swimming pool discontinue use, the pool shall be properly emptied and dismantled within 30 days after receiving notice from the Codes Compliance Official. Water from the pool shall not be discharged onto adjacent properties or rights-of-way. Operation of swimming pools shall be in strict conformity and compliance with Chapter 27, Part 13, § 1319.
[Added by Ord. 980, 12/15/2016]
[Ord. 687, 2/18/1988, Art. 4]
1.
General.
A.
Scope. The provisions of this Section shall govern the minimum conditions
and standards for the light, ventilation and space for the occupancy
of a structure. All light, ventilation and space conditions shall
comply with the requirements herein prescribed insofar as they are
applicable.
B.
Responsibility. The owner of the structure shall provide and maintain
such light and ventilation and space conditions in compliance with
these requirements. A person shall not occupy as owner-occupant or
let to another for occupancy or use any premises which do not comply
with the following requirements of this Section.
C.
Access to Public Property. All structures shall be provided access
to public property. Such access means shall be maintained unobstructed.
D.
Open Space. An open space, when used for the origin of light and
ventilation, shall be maintained and unobstructed.
E.
Alternative Devices. In place of the means for natural light and
ventilation herein prescribe, alternative arrangement of windows,
louvers, or other methods and devices that will provide the equivalent
minimum performance requirements shall be permitted when complying
with the building code listed in Appendix A.
2.
Light.
A.
General. All spaces or rooms shall be provided sufficient light so
not as to endanger health and safety.
B.
Common Halls and Stairways. Every common hall and stairway in every
building, other than one and two family dwellings, shall be adequately
lighted with an illumination of at least 60 watt standard incandescent
light bulb or equivalent for each 200 square feet (18.60 m2) of floor area, provided that the spacing between
lights shall not be greater than 30 feet (9,144mm). Every exterior
stairway shall be illuminated with a minimum of one foot candle (10.76
lux) at floors, landings and treads.
C.
Other Spaces. All other spaces shall be provided with natural or
artificial light of sufficient intensity and so distributed as to
permit the maintenance of sanitary conditions, and the safe use of
the space and the appliances, equipment and fixtures.
3.
Ventilation.
A.
General. All spaces or rooms shall be provided sufficient natural
or mechanical ventilation so as not to endanger health and safety.
Where mechanical ventilation is provided in lieu of the natural ventilation,
such mechanical ventilating systems shall be maintained in operation
during the occupancy of any structure or portion thereof. When part
of the air provided by a mechanical ventilation system is recirculated,
the portion or volume of air recirculated shall not be recirculated
to a different residential space or occupancy of dissimilar use from
which it is withdrawn.
B.
Process Ventilation. Where any process permits and where injurious,
toxic, irritating or noxious fumes, gases, dust or mists are generated
by said process, a local exhaust ventilation system shall be provided
to remove the contaminating agent at the source so that it is not
allowed to permeate the general atmosphere of the workroom. Air so
exhausted shall be exhausted to the exterior and shall not be recirculated
to any space, including the space from which it is withdrawn.
C.
Clothes Dryer Exhaust. Clothes dryer venting systems shall be independent
of all other systems and shall be vented in accordance with the manufacturer's
recommendations.
4.
Dwelling Unit Limitations.
A.
Separation of Units. Dwelling units shall be separate and apart from
each other. Sleeping rooms shall not be used as the only means of
access to other sleeping rooms or habitable spaces.
B.
Privacy. Hotel units, lodging units and dormitory units shall be
designed to provide privacy, and be separate from other adjoining
spaces.
C.
Common Access. A habitable space, bathroom or water closet compartment
which is accessory to a dwelling unit shall not open directly into
or be used in conjunction with a food store, barber or beauty shop,
doctor's or dentist's examination or treatment room or similar
room used for public purposes.
D.
Below Grade Rooms. Rooms partially or completely below grade shall
not be used as habitable space unless:
(1)
Floors and walls are water-tight so as to prevent entry of moisture.
(2)
Total window area, total openable window area and ceiling height
are in accordance with this Part.
(3)
Required minimum window area of every habitable space is entirely
above the grade adjoining such window areas.
(4)
Means of egress and emergency escape are provided in accordance with
this Part.
5.
Space Requirements.
A.
Area for Sleeping Purposes. Every room occupied for sleeping purposes
by one occupant shall contain at least 70 square feet (6.51m2) of floor area, and every room occupied for sleeping
purposes by more than one person shall contain at least 40 square
feet (4.65m2) of floor area for each additional
occupant.
[Amended by Ord. 983, 11/16/2017]
B.
Overcrowding. Dwelling units shall not be occupied by more occupants
than permitted by the minimum occupancy area requirements of Table
1.
C.
Combined Spaces. Combined living room and dining room spaces shall
comply with the requirements of Table 1 if the total area is equal
to that required for separate rooms and if the space is so located
that it functions as a combination living room/dining room.
Table 1
Minimum Occupancy Area Requirements
Minimum Occupancy Area in Square Feet Space
(Square Meters)
| ||||
---|---|---|---|---|
1-2 Occupants
|
3-5 Occupants
|
6 or more
| ||
Living Room(a)
|
No requirements
|
120(11.16)
|
150(13.95)
| |
Dining Room(a)
|
No requirements
|
80(7.44)
|
100(9.30)
| |
Kitchen
|
50(4.65)
|
50(4.65)
|
60(5.58)
| |
Bedrooms
|
Shall comply with § 115.1A
| |||
Note (a). See § 116.5C
for combined living room/dining room spaces.
|
D.
Prohibited Use. Kitchens, nonhabitable spaces and public spaces shall
not be used for sleeping purposes.
E.
Minimum Ceiling Heights.
(1)
Habitable spaces shall have a clear ceiling height over the minimum
area required by this Part at not less than 7 1/3 feet (2,235mm),
except that in attics or top half-stories the ceiling height shall
be not less than seven feet (2,134mm) over not less than 1/3 of the
minimum area required by this Part when used for sleeping, study or
similar activity. In calculating the floor area of such rooms, only
those portions of the floor area of the room having a clear ceiling
height of five feet (1,524mm) or more shall be included.
(2)
Exception. Hallways, corridors, bathrooms, toilet rooms, kitchens
and habitable basements used as recreation rooms shall have a ceiling
height of not less than seven feet (2,134mm) to the lowest projection
from the ceiling.
F.
Correctional Institutional Occupancies. It is not intended that this
Part regulate the space requirements of correctional institutions.
G.
Minimum Room Widths. Every habitable space shall have a clear room
width of not less than seven feet (2,134mm) at the narrowest point
exclusive of projections affecting less than 10% of the floor area
and exclusive of floor areas of alcoves and entry ways not included
in meeting the floor area requirements listed in Table 1. Exception:
Kitchens require a clear passageway of not less than three feet (914mm)
between counter, appliances and/or walls.
[Ord. 687, 2/18/1988, Art. 5; as amended by Ord. 829, 11/15/2001]
1.
General.
A.
Scope. The provisions of this Section shall govern the minimum plumbing
facilities and fixtures shall comply with the requirements herein
prescribed insofar as they are applicable.
B.
Responsibility. The owner of the structure shall provide and maintain
such plumbing facilities and fixtures in compliance with these requirements.
A person shall not occupy as owner-occupant or let to another for
occupancy or use any structure or portion thereof or premises which
do not comply with the following requirements of this Section.
2.
Required Facilities.
A.
Dwelling Units. Every dwelling unit shall include its own plumbing facilities with are in proper operating condition, can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. The following minimum plumbing facilities set forth in Subsection 2B, 2C and 2D shall be supplied and maintained in sanitary, safe working condition.
B.
Water Closet and Lavatory. Every dwelling unit shall contain within
its walls, a room separate from habitable spaces, which affords privacy
and a water closet supplied with cold running water. A lavatory shall
be placed in the same room as the water closet or located in another
room, in close proximity to the door leading directly into the room
in which said water closet is located. The lavatory shall be supplied
with hot and cold running water.
C.
Bathtub or Shower. Every dwelling unit shall contain a room which
affords privacy to a person in said room and which is equipped with
a bathtub or shower supplied with hot and cold running water.
D.
Kitchen Sink. Every dwelling unit shall contain a kitchen sink apart from the lavatory required under Subsection 2B, and such sink shall be supplied with hot and cold running water.
E.
Rooming Units. At least one water closet, lavatory basin, and bathtub
or shower properly connected to an approved water and sewer system
and in good working condition shall be supplied for each four rooming
units within a dwelling, wherever said facilities are shared. Every
lavatory basin and bathtub or shower shall be supplied with hot and
cold water at all times.
[Amended by Ord. 983, 11/16/2017]
F.
Hotels/Motels. Where private water closets, lavatory basin, and bathtub
or shower are not provided, one water closet, one lavatory and one
bathtub or shower accessible from a public hallway shall be provided
on each floor for each 10 occupants. Each lavatory, bathtub, or shower
shall be supplied with hot and cold water at all times.
[Amended by Ord. 983, 11/16/2017]
G.
Other Structures. In nonresidential structures, the requirements
for sanitary facilities shall comply with the minimum requirements
of the plumbing code listed in Appendix A for such facilities for
such use and occupancy.
3.
Toilet Rooms.
A.
Privacy. Toilet rooms and bathrooms shall be designed and arranged
to provide privacy.
B.
Direct Access. Toilet rooms and bathrooms shall not be used as a
passageway to a hall or other space, or to the exterior. A toilet
room or bathroom in a dwelling unit shall be accessible from any sleeping
room without passing through another sleeping room.
C.
Same Story. Toilet rooms and bathrooms serving hotel/motel units,
or dormitory units, unless located within such respective units, or
directly connected thereto, shall be provided on the same story with
such units and be accessible only from a common hall or passageway.
[Amended by Ord. 983, 11/16/2017]
D.
Floors. Bathrooms and toilet rooms shall be provided with floors
of moisture resistant material.
E.
Partitions. Every nonresidential structure that requires or supplies
a water closet shall provide within the toilet room partitions, enclosures,
or compartments for privacy and shall comply with fixture clearance
requirements of the plumbing code listed in Appendix A for such installations.
4.
Plumbing Fixtures.
A.
General. All plumbing fixtures shall be maintained in a safe and
usable condition. All plumbing fixtures shall be approved nonabsorbent
material.
B.
Connections. Water supply lines, plumbing fixtures, vents and drains
shall be properly installed, connected and maintained in working order
and shall be kept free from obstructions, leaks and defects and capable
of performing the function for which they are designed. All repairs
and installations shall be made in accordance with the provisions
of the building and plumbing codes listed in Appendix A.
C.
Maintained Clean and Sanitary. All plumbing facilities shall be maintained
in a clean and sanitary condition by the occupant so as not to breed
insects and rats or produce dangerous or offensive gases or odors.
D.
Access for Cleaning. Plumbing fixtures shall be installed to permit
easy access for cleaning both the fixture and the area about it.
E.
Water Conservation. Plumbing fixtures which are replaced shall be
of watersaving construction and use as required by the energy and
plumbing codes listed in Appendix A.
5.
Water System.
A.
General. Every sink, lavatory, bathtub or shower, drinking fountain,
water closet or other facility shall be properly connected to either
a public water system or to a Pennsylvania DEP approved private water
system. All sinks, lavatories, bathtubs and showers shall be supplied
with hot and cold running water.
B.
Contamination. The water supply shall be maintained free from contamination
and all water inlets for plumbing fixtures shall be located above
the overflow rim of the fixture. Shampoo basin faucets, janitor sink
faucets, and other hose bibs or faucets to which hoses are attached
and left in place, shall be protected by an approved atmospheric type
vacuum breaker or an approved permanently attached hose connection
vacuum breaker.
C.
Supply. The water supply system shall be installed and maintained
to provide at all times a supply of water to plumbing fixtures, devices,
and appurtenances in sufficient volume and at pressures adequate to
enable them to function satisfactorily.
D.
Water Heating Facilities. Where hot water is provided, water heating
facilities shall be installed in an approved manner, properly maintained,
and properly connected with hot water lines to the fixtures required
to be supplied with the hot water. Water heating facilities shall
be capable of heating water to such a temperature as to permit an
adequate amount of water to be drawn at every required kitchen sink,
lavatory basin, bathtub, shower and laundry facility or other similar
units, at a temperature of not less than 110° F. (43° C.).
Every gas burning water heater shall be vented to a chimney or other
venting device leading to outdoor space. A gas-burning water heater
shall not be located in any bathroom, bedroom or other occupied room
normally kept closed, unless adequate combustion air is provided.
There shall be installed on water heaters as approved combination
temperature and pressure relief valve. All water heating appliances
shall be properly installed and maintained in accordance with this
Part.
6.
Sewage System.
A.
General. Every sink, lavatory, bathtub or shower, drinking fountain,
water closet or other facility shall be properly connected to either
a public sewer system or to a Borough approved private sewage disposal
system.
B.
Maintenance. Every plumbing stack, waste and sewer line shall be
so installed and maintained as to function properly and shall be kept
from obstructions, leaks, and defects to prevent structural deterioration
or health hazards. All repairs and installations shall be made in
accordance with the provisions of the building and plumbing codes
listed in Appendix A.
7.
Storm Drainage. An approved system of storm water disposal shall
be provided and maintained for the safe and efficient drainage of
roofs and paved areas, yards and courts, and other open areas on the
premises.
[Ord. 687, 2/18/1988, Art. 6]
1.
General.
A.
Scope. The provisions of this Section shall govern the minimum mechanical
and electrical facilities and equipment to be provided. All mechanical
and electrical facilities and equipment shall comply with the requirements
herein prescribed insofar as they are applicable.
B.
Responsibility. The owner of the structure shall provide and maintain
such mechanical and electrical facilities and equipment in compliance
with these requirements. A person shall not occupy as owner-occupant
or let to another for occupancy or use any premises which does not
comply with the following requirements of this Section.
2.
Heating Facilities.
A.
Residential Buildings.
(1)
Every owner of any structure who rents, leases or lets one or more
dwelling units or guest rooms on terms, either express or implied,
to furnish heat to the occupants thereof shall supply sufficient heat
during the period from September 15 to April 30 to maintain a room
temperature of not less than 65° F. (18° C.), in
all habitable spaces, bathrooms, and toilet rooms during the hours
between 6:30 a.m. and 10:30 p.m. of each day and maintain a temperature
of not less than 60° F. (16° C.) during other hours.
The temperature shall be measured at a point three feet (914mm) above
the floor and three feet (914mm) from exterior walls.
(2)
Exception. When the exterior temperature falls below 0° F.
(-18° C.) and the heating system is operating at its full
capacity, a minimum room temperature of 60° F. (16° C.)
shall be maintained at all times.
B.
Other Structures.
(1)
Every owner of any structure who rents, leases, or lets the structure
or any part thereof on terms, either express or implied, to furnish
heat to the occupant thereof; and every occupant of any structure
or part thereof on terms, either express or implied, to supply its
own heat, shall supply sufficient heat during the period from October
1 to May 15 to maintain a temperature of not less than 65° F.
(18° C.) during all working hours in all enclosed spaces
or rooms where persons are employed and working. The temperature shall
be measured at a point three feet (914mm) above the floor and three
feet (914mm) from the exterior walls.
C.
Cooking and Heating Equipment. All cooking and heating equipment,
components, and accessories in every heating, cooking, and water heating
device shall be maintained free from leaks and fire, health and accident
hazards. All installations and repairs shall be made in accordance
with the provisions of the building code and mechanical code listed
in Appendix A. Portable cooking equipment employing flame is prohibited,
except for approved residential type food trays or salvers which are
heated by a candle or alcohol lamp.
D.
Installation. All mechanical equipment shall be connected to an approved
chimney or vent.
E.
Flue. All vented fuel-burning equipment shall be connected to an
approved chimney or vent.
F.
Clearances. All required clearances to combustible materials shall
be maintained.
G.
Safety Controls. All safety controls for fuel-burning equipment shall
be maintained in effective operation.
H.
Combustion Air. A supply of air for complete combustion of the fuel
and for ventilation of the space shall be provided for the fuel-burning
equipment.
I.
Unauthorized Devices. Devices purporting to reduce gas consumption
by attachment to a gas appliance, to the gas supply line thereto,
or the vent outlet or vent piping therefrom shall not be used unless
labeled for such use and the installation is specifically approved.
J.
Portable unvented heaters. The use of portable
unvented fuel-fired heating equipment as a primary or secondary heat
source shall be prohibited.
[Amended by Ord. No. 995, 12/19/2019]
K.
Toxic Emissions. Any wood burning stove, fireplace or other similar
heat source shall not emit any toxic fumes which are in violation
or do not conform to Federal or State regulations for that type of
emission.
L.
Boiler Inspection. Each boiler and pressure vessel, other than boilers
locate within a dwelling unit, shall be inspected a minimum of once
every two years. The inspection shall determine that the boiler operates
in accordance with the manufacturer's requirements and that all
safety devices and controls function correctly.
M.
Fireplaces. Fireplaces, and other construction and devices intended
for use similar to a fireplace, shall be stable and safe.
N.
Climate Control. When facilities for interior climate control (heating,
cooling, and/or humidity) are integral functions of structures used
as dwelling units or other occupancies, such facilities shall be maintained
and operated in a continuous manner in accordance with the designed
capacity.
O.
Portable, Electric Space Heaters. The use of portable, electric space
heaters as a secondary heat source shall be permitted in accordance
with the following regulations.
[Added by Ord. No. 995, 12/19/2019]
(1)
Listed and Labeled. Only UL or ETL listed and labeled portable, electric
space heaters shall be used.
(2)
Power Supply. Portable, electric space heaters shall be plugged directly
into an approved receptacle.
(3)
Extension Cords. Portable, electric space heaters shall not be plugged
into extension cords.
(4)
Prohibited Areas. Portable, electric space heaters shall not be operated
with three feet of any combustible materials. Portable, electric space
heaters shall only be operated in locations for which they are listed.
(5)
Safety. All portable heaters shall meet the following criteria:
(a)
A portable, electric space heater shall have a "tip-over" feature
that automatically shuts off the heater if it is knocked over or if
the heater becomes unbalanced.
(b)
A portable, electric space heater shall be turned off if left
unattended.
(c)
A portable, electric space heater shall not have a "timing"
device to start or stop heating operations.
(d)
The heating element or combustion chamber shall be permanently
guarded as to prevent accidental contact by persons or materials.
3.
Electrical Facilities.
A.
Facilities Required. Every building or part thereof used for human occupancy shall be adequately and safely provided with an electrical system in compliance with the requirements of this subsection. The provisions of Subsection 3A, 3B, 3C, and 3D shall be considered absolute minimum requirements. The size of units and the usage of appliance and equipment shall be used as a basis for determining the need for additional facilities in accordance with NFPA 70 listed in Appendix A.
B.
Receptacles. Every habitable space in a dwelling unit, and every
guest room, shall contain at least one remote receptacle, outlet.
Every bathroom shall contain at least one receptacle.
C.
Lighting Fixtures. Every public hall, interior stairway, water closet
compartment, bathroom, laundry room and furnace room shall contain
at least one electric lighting fixture.
D.
Service. When the electrical system requires modification to correct
inadequate service as defined in § 118.3F, the service shall
be corrected to a minimum of 60 ampere, three wire service.
E.
Installation. All electrical equipment, wiring and appliances shall
be installed and maintained in a safe manner in accordance with all
applicable laws. All electrical equipment shall be listed by Underwriters
Laboratories.
F.
Defective System. Where it is found that the electrical system in
a structure constitutes a hazard to the occupants or the structure
by reason of inadequate service, improper fusing, insufficient outlets,
improper wiring or installation, deterioration or damage, or for similar
reason, the Code Official shall require the defects to be corrected
to eliminate the hazard.
4.
Elevators, Escalators and Dumbwaiters.
A.
General. Elevators, dumbwaiters and escalators shall be maintained
to safely sustain the loads to which they are subject, to operate
properly, and to be free of physical and fire hazards.
B.
Elevators.
(1)
In buildings equipped with passenger elevators, at least one elevator
shall be maintained in operation at all times when the building is
occupied.
(2)
Exception. Buildings equipped with only one elevator shall be permitted
to have the elevator temporarily out of service for testing or servicing.
[Ord. 687, 2/18/1988, Art. 7; as amended by Ord. 729, 8/20/1992,
§ 1; by Ord. 737, 3/18/1993, § 1; by Ord. 882,
2/15/2007; by Ord. 945, 2/21/2013]
1.
General.
A.
Scope. The provisions of this Section shall be in addition to the requirements listed in Chapter 7, Fire Prevention, of the Code of Ordinances.
B.
Responsibility. The owner of any structure shall provide and maintain firesafety facilities and equipment in compliance with the International Fire Code of 2009, promulgated by the International Code Council, and any amendments, supplements, revisions, additions or replacements thereto. A person shall not occupy as owner-occupant or let to another for occupancy or use any premises which do not comply with the requirements of this Section and Chapter 7 of the Code of Ordinances.
2.
Means of Egress.
A.
Duel Egress. Every residential building exceeding two stories in
height above grade, not including basements, shall be provided with
not less than two approved independent exits from each floor above
the second floor, fully accessible to each occupant on the floor.
See Section R311 of the International Residential Code of 2009, promulgated
by the International Code Council, and any amendments, supplements,
revisions, additions or replacements thereto, for additional requirements.
(1)
Existing fire escapes, as of the date of the enactment hereof, shall
be continued to be accepted as a component in the means of egress
in existing buildings only, provided that they are structurally sound
and are in approved working condition.
(2)
Portable ladders and similar approved emergency escape devices that
are permanently mounted to the inside wall are permitted, provided
that the approved device allows the occupant to descend to a roof
or ground level, and if the room is used for sleeping, the individual
occupying the room must be able to use the escape device.
(3)
Where a new fire escape is proposed or is required by the Code Official
in accordance with this Chapter and all applicable Borough ordinances,
the construction requirements must conform to the specifications contained
in the International Fire Code and the International Residential Code.
(4)
Permanent fire escapes located on the street front portion of a structure must conform to the setback requirements contained in the Borough Zoning Ordinance (Chapter 27).
(5)
Emergency Escape. Requirements for sleeping rooms in the basement
must meet the regulations of the International Residential Code and
the International Fire Code.
(6)
Smoke and Carbon Monoxide Detectors. Smoke and carbon monoxide detectors
shall be in use as may be required by the International Residential
Code and the International Fire Code.
[Ord. 687, 2/18/1988, Art. 8; as added by Ord. 823, 2/15/2001]
1.
General. The provisions of this Section shall govern the responsibilities
of persons for the maintenance of structures, and the equipment and
premises thereof.
2.
Sanitary Condition.
A.
Cleanliness. Every occupant of a structure or part thereof shall
keep that part of the structure or premises thereof which that occupant
occupies, controls, or uses in a clean and sanitary condition. Every
owner of a dwelling containing two or more dwelling units shall maintain,
in a clean and sanitary condition, the shared or public areas of the
dwelling and premises thereof.
B.
Disposal of Rubbish. Every occupant of a structure or part thereof
shall dispose of all rubbish in a clean and sanitary manner by placing
it in rubbish containers equipped with tight fitting covers.
C.
Disposal of Garbage. Every occupant of a structure or part thereof
shall dispose of garbage in a clean and sanitary manner by placing
it in garbage disposal facilities, or if such facilities are not available,
by removing all nonburnable matter and securely wrapping such garbage
and placing it in approved garbage storage containers.
D.
Collection of Garbage and Rubbish. Garbage and rubbish shall be collected
as frequently as determined by the Code Official to be essential to
protect the public health.
E.
Garbage Storage Facilities. Every dwelling unit shall be supplied
with an approved garbage disposal facility, which shall be any adequate
mechanical food waste grinder in each dwelling unit, an approved incinerator
unit in the structure for the use of the occupants of each dwelling
unit, or an approved outside garbage can or cans as required in § 115.2B.
Such facilities shall be sufficient to meet the needs of the occupants.
F.
Rubbish Storage Facilities. Every dwelling unit shall be supplied
with approved containers and covers for storage of rubbish, and the
owner, operator or agent in control of such dwelling shall be responsible
for the removal of such rubbish.
G.
Food Preparation. All spaces used or intended to be used for food
preparation shall contain suitable space and equipment to store, prepare
and serve foods in a sanitary manner. There shall be adequate facilities
and services for the sanitary disposal of food wastes and refuse,
including facilities for temporary storage when necessary.
H.
Supplied Fixtures and Equipment. The owner or occupant of a structure
or part thereof shall keep the supplied equipment and fixtures therein
clean and sanitary, and shall be responsible for the exercise of reasonable
care in their proper use and operation. The owner shall maintain the
equipment and fixtures in good and proper operating condition.
I.
Furnished by Occupant. The equipment and fixtures furnished by the
occupant of a structure shall be properly installed and shall be maintained
in good working condition, kept clean and sanitary and free of defects,
leaks or obstructions.
3.
Extermination.
A.
Owner. The owner of any structure shall be responsible for extermination
within the structure prior to renting, leasing or selling the structure.
B.
Tenant-Occupant. The tenant-occupant of any structure shall be responsible
for the continued rat-proof condition of the structure, and if the
tenant-occupant fails to maintain the rat-proof condition, the cost
of extermination shall be the responsibility of the tenant-occupant.
C.
Single Occupancy. The occupant of a structure containing a single
dwelling unit or of a single nonresidential structure shall be responsible
for the extermination of any insects, rats or other pests in the structure
or on the premises.
D.
Multiple Occupancy. Every owner, agent or operator of two or more
dwelling units or multiple occupancies or nonresidential structures
and rooming units shall be responsible for the extermination of any
insects, rats or other pests in the public or shared areas of the
structure and premises. When infestation is caused by failure of an
occupant of a unit of the two or more dwelling units or by an occupant
or lessee of a nonresidential structure to prevent such infestation
in the area occupied, the occupant shall be responsible for such extermination.
[Amended by Ord. 983, 11/16/2017]
E.
Continued Rat Infestation. Continuing or repeated incidents of rat
infestation determined from the official records as provided in § 105(3)
of this Part shall require the installation of rat and vermin proof
walls. The rat and vermin proof walls shall be installed in accordance
with the building code listed in Appendix A.
4.
Composting.
A.
General. The provisions of this Section shall govern the responsibilities
of persons for the establishment and maintenance of compost piles
or structures.
B.
Compost Material. The following items may be composted: leaves, grass
clippings, yard waste, fruit rinds or scraps, and vegetable scraps.
The following items may not be composted: meat, dairy product, kitchen
vegetables cooked with animal fats and human or pet feces. All materials
shall emanate from the property where the composting is taking place.
Compost material may not be accumulated from the property of others.
C.
Location of Compost. The compost pile, bin or structure shall be
located in the rear yard. The compost pile, bin or structure shall
be located at least 25 feet from any residential structure or dwelling
unit. No compost pile, bin or structure may be located nearer than
three feet from any property line.
D.
Use of Compost. Composted material shall be used on the property
where it is stored. Compost material may not be used for commercial
purposes.
E.
Compost Pile. A compost pile is a shallow pit not greater than one
foot in depth. Compost material is layered, usually in six inch depths,
in the pit. Lime or fertilizer may be applied after each layer is
distributed. The layers of compost materials may not exceed four feet
in height. If the compost pile is more than one foot above grade,
a structure such as a snow fence, chicken wire or wood planks must
be erected to prevent the wind from blowing away the leaves or grass.
The compost pile should be constructed with a flat or oval-shaped
top so that it will absorb water rather than shed it. Compost piles
may be placed on open ground in accordance with above mentioned regulations.
F.
Compost Bin. A compost bin is a commercially manufactured container
designed specifically for the composting of material. Compost bins
shall be constructed of wood or hard plastic to prevent animals and
rodents from entering the pile.
G.
Size of Compost Pile. The compost pile or structure may not exceed
500 square feet, or 10% of the rear yard, whichever is less.
H.
Maintenance. Compost piles, bins or structures shall be maintained
in a manner to preclude the spread of plant or animal disease, the
harboring of animals or rodents and the infestation of insects. A
compost pile shall be maintained in a neat and orderly manner. Material
to be composted must be applied to the compost pile, bin or structure
in a timely fashion. Compost material may not be stored in any garbage
or leaf bag.
I.
Gardens. Leaf and grass material may be placed on viable gardens
provided that all conditions contained in this Section are met.
[Ord. 687, 2/18/1988, Art. 9; as amended by Ord. 744, 9/16/1993,
§ 1]
1.
General.
A.
Scope. The provisions of this Section are intended to provide a reasonable
degree of safety to persons occupying existing buildings that do not
conform to the minimum requirements of the building code listed in
Appendix A by requiring the following alterations to such existing
buildings.
B.
Application of Other Codes. All alterations to an existing building
which are caused directly or indirectly by the enforcement of this
Part shall be done in accordance with the applicable procedures and
provisions of the building, plumbing and mechanical codes and NFIPA
70 listed in Appendix A.
C.
Continued Maintenance. All service equipment, means of egress devices
and safeguards which are required by this Section or which were required
by a previous statute or another code in a building or structure when
erected, altered or repaired shall be maintained in good working order.
The requirements of this § 120 are not intended to provide
the basis for removal or abrogation of fire protection and safety
systems and devices in existing buildings. These requirements at intended
to require that existing buildings which do not comply with these
provisions be altered to provide a minimum level of safety as required
herein.
D.
Alternative Methods and Systems. The provisions of this Section are
not intended to exclude the acceptance and approval of alternative
methods and systems if such alternative methods and systems provide
equivalent safety to the occupant of the existing buildings.
E.
Responsibility. The owner of the existing building or structure shall
provide and maintain such facilities, equipment and systems in compliance
with these requirements and the fire prevention code listed in Appendix
A.
2.
Means Egress.
A.
Number of Exits.
(1)
Every story used for human occupancy more than six stories above
grade shall be provided not less than two independent exits. Every
story used for human occupancy totally below grade greater than 2,000
square feet (186m2) shall be provided not less than two independent
exits.
(2)
Exceptions. A single exit is acceptable when:
(a)
The building is equipped throughout with an automatic fire suppression
system and an automatic fire alarm system with smoke detectors located
in all corridors, lobbies and common areas; or,
(b)
The building is provided an automatic fire alarm system and
the exit is a smokeproof enclosure or pressurized stairway; or,
(c)
An existing fire escape conforming to the building code listed
in Appendix A is provided in addition to the single exit.
(d)
Stories complying with the requirements of the building code
listed in Appendix A.
B.
Exit Enclosure. All interior exits shall be enclosed with approved
assemblies except as provided in Table 2.
Table 2
Enclosure Exceptions
| ||
---|---|---|
Building Use Group
|
Exception Conditions[1]
| |
Business
|
When connecting not more than two floor levels and less than
3,500) square feet per floor, or when connecting not more than three
floor levels and the building is equipped throughout with an approved
automatic fire suppression system.
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Education
|
When connecting not more than two floor levels and the building
is equipped throughout with an approved automatic fire suppression
system.
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Factory-Industrial Storage
|
When connecting not more than two floor levels, or when connecting
not more than three floor levels and the building is equipped throughout
with an approved automatic fire suppression system.
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Mercantile
|
When connecting not more than two floor levels and less than
2,000 square feet per floor, or when connecting not more than two
floor levels and the building is equipped throughout with an approved
automatic fire suppression system.
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Residential — Hotels
|
When connecting not more than two floor levels and the building
is equipped throughout with an approved automatic fire suppression
system.
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Residential — Apartment
|
When connecting not more than two floor levels with not more
than four dwelling units per floor, or when connecting not more than
three floor levels with not more than four dwelling units per floor
and the building is equipped throughout with an approved automatic
fire suppression system.
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Residential One and Two Family Dwellings
|
In every case.
|
[1]
One square foot equals 0.093m2.
C.
Enclosure Rating. Enclosures connecting not more than six floor levels
shall have a fire resistance rating of not less than one hour with
approved opening protectives. Enclosures connecting more than six
floor levels shall have a fire resistance rating of not less than
two hours with approved opening protectives.
D.
Exit Capacity. The capacity of the exits serving a floor shall be
sufficient for the occupant load thereof as determined by the building
code listed in Appendix A.
E.
Corridor Enclosure. All corridors serving an occupant load of greater
than 30 and openings therein shall provide an effective smoke barrier.
All transoms, louvers, doors and other openings shall be closed or
shall be self-closing.
F.
Dead-End Travel Distance. All corridors which serve more than one
exit shall provide direct connection to such exits. The length of
a dead-end corridor shall not exceed 35 feet (10,668mm) when the building
is not equipped throughout with an automatic fire suppression system.
The dead-end travel distance limit shall be increased to 70 feet (21,336mm)
when the building is equipped throughout with an automatic fire suppression
system.
3.
Shafts.
A.
Enclosure. All shafts shall be enclosed as required by § 121.2B
and C for exits except elevator and supplemental stairway shafts which
are immediately adjacent to and not separated from floor openings
connecting the same floors served by the shaft. The opening protectives
shall provide a barrier to fire penetration. Building service shafts
such as trash chutes, utility and duct shafts shall be enclosed as
required by § 121.2B and C for exits.
4.
Illumination and Signs.
A.
Egress Illumination. All means of egress shall be equipped with artificial
lighting in accordance with the requirements for new buildings in
the building code listed in Appendix A. Emergency lighting shall be
provided in accordance with the requirements for new buildings in
the building code listed in Appendix A.
B.
Exit Signs. All exits shall be indicated with exit signs in accordance
with the requirements for new buildings in the building code listed
in Appendix A.
C.
Information Signs. A sign shall be provided at each floor landing
in all interior stairways more than three stories above grade, designating
the floor level above the floor of discharge. All elevator lobby call
stations on all floor levels in buildings more then 75 feet (22,860mm)
above the lowest level of fire department access shall be marked with
approved signs reading as follows: "Use Stairways in Case of Fire
— Do Not Use Elevators."
5.
Fire Protection Systems.
A.
High Hazard Use. All buildings and portions thereof of high hazard
use shall be equipped throughout with an approved automatic fire suppression
system.
B.
Commercial Kitchen Exhaust Systems. Commercial kitchen exhaust hood
and duct systems, other than steam tables, completely enclosed ovens,
cooking appliances located within a dwelling unit and not used for
commercial purposes and auxiliary cooking equipment that does not
produce greaseladen vapors, shall be equipped with an approved automatic
fire suppression system.
C.
Fire Standpipes, All buildings having floors used for human occupancy
located more than six stories above grade shall be provided with standpipes
according to the building code listed in Appendix A. The standpipes
shall have a approved fire department connection with hose connections
at each floor level.
D.
Tampering. Anyone tampering or interfering with the effectiveness
of a smoke detector shall be in violation of this Part.
E.
Fire Alarm System.
6.
Elevator Recall. All elevators having a travel distance of 25 feet
(7,620mm) or more above or below the primary level of elevator access
for emergency fire fighting or rescue personnel shall conform to the
requirements of Rule 211.3 ("Operation of Elevators Under Fire or
Other Emergency Conditions") of ASME A17.1 listed in Appendix A.
7.
Smoke and Heat Detection. Each recirculating air or exhaust system
which serves more than one floor in buildings which exceed six stories
in height shall be equipped with approved smoke and heat detection
devices in accordance with the mechanical code listed in Appendix
A. The devices shall stop the fan(s) automatically and shall be of
the manual reset type. Automatic fan shutdown is not required when
the system is part of an approved smoke removal or control system.
8.
Lead Poison Control.
A.
Determination of Health Hazard. Any lead based coating shall be considered
a health hazard to a child under six years of age who has demonstrated
an elevated blood lead level, if:
(1)
It exists in or about a dwelling in which a child under six years
of age who has demonstrated an elevated blood level commonly resides
or visits.
(2)
It is determined to be on any flaking, peeling, nonintact deteriorated
surface or on any exposed surface or in any oil or dust found in or
amount the dwelling or in any rugs, carpet or other surface coverings
in or about the dwelling.
(3)
It contains a quantity of lead in excess of 0.6 milligrams per square
centimeter of surface when measured by a recognized method of analysis.
B.
Warning for Positive Test. Any lead based coating area must be marked
with warnings immediately upon positive testing and notice of these
areas given to the occupants of the time of testing to avoid further
child poisoning.
C.
Notification of Violation and Abatement.
(1)
Upon receipt of (a) notification by a certified medical physician that a child under six years of age has an elevated blood level and (b) an investigation indicating that there exists or may exist in a dwelling in which the child resides or visits a lead based coating which may cause or contribute to the child's elevated blood lead level, the Borough has the authority to order the owner and/or occupant of any dwelling in which the child resides or visits to submit within 10 days a written report including the results of testing and including an environmental investigation stating whether there exists a health hazard. This testing and environmental investigation shall be in accordance with Subsection 8D. If the owner or occupant fails to provide such written report, the Borough can perform or cause the performance of the testing and environmental investigation at the expense of the owner and/or occupant to determine whether there exists a health hazard.
(2)
If it is determined that there exists a health hazard the Borough
shall issue a violation notice ordering the owner and/or occupant
to abate the hazard in a reasonable time as specified by the Borough.
The owner and/or occupant shall bear the cost of abatement and shall
submit a written plan to the Borough for review and approval prior
to initiating said abatement. The owner and/or occupant shall submit
proof satisfactory to the Borough of the abatement promptly upon completion.
If the owner and/or occupant fails to abate the hazard in a reasonable
time as specified by the Borough, the dwelling shall be placarded
with a sign that indicates: "This property is unfit for human habitation
due to lead poisoning hazards and can not be reoccupied until the
hazards are abated." It shall be illegal for any one but the Borough
to remove the placard.
D.
Testing Procedures and Standards. Testing and environmental investigation
may be performed by any public or private agency, entity or firm approved
by the Borough. The physical determination of the lead content of
surface material in a dwelling or of the lead content of any exposed
surface must be made by nondestructive measurements using a recognized
method of analysis. All instruments used for inplace determination
of lead content must be operated by a certified operator with proof
of the same being submitted to the Borough.
[Ord. 687, 2/18/1988, § 4]
Nothing in this Part or in the existing structure code hereby
adopted shall be construed to affect any suit or proceeding impending
in any court, or any rights acquired, or liability incurred, or any
course or causes of action acquired or existing, under any act or
ordinance hereby repealed as cited in this Part; nor shall any just
or legal right or remedy of any character be lost, impaired or affected
by this Part.
[Res. 88-2, 2/18/1988; as amended by Ord. 829, 11/15/2001]
1.
Background. Borough Council has adopted the Existing Structures and
Property Maintenance Code on February 18, 1988. This code establishes
minimum maintenance standards and requirements for existing properties.
Furthermore, it provides standards for rehabilitation and reuse of
these structures found to be in noncompliance. All structures and
properties within the Borough are subject to the provisions contained
in the code. Borough Council shall appoint a code official(s) who
will represent the Borough and enforce the provisions of the code.
Borough Council shall set forth the inspection criteria and reasonable
fees for the inspections.
2.
The code official(s) appointed by the Borough Council has the authority
under the provisions of the code to inspect properties and structures
within the Borough.
3.
The following criteria are established to provide guidance for the
code official(s) to determine which properties or structures require
an inspection. An inspection may be held if one or more of the criteria
listed below is met:
A.
Tenant complaint.
B.
Past history of problems at a certain property or structure.
C.
Complaint from a neighbor, if affected by the spread of insects or
rodents or concerning the exterior storage of debris, rubbish and
the like.
D.
Referral from the Board of Health, Police Department, Fire Company,
Borough Office or other responsible agency.
E.
Poor exterior appearance of a structure.
F.
Poor exterior appearance of a property (i.e., storage of vehicles,
trash, rubbish and the like).
G.
Unsatisfactory inspection results of one or more dwelling units owned
by the same landlord.
H.
Random sampling of compliance with the mandatory smoke detector requirement.
4.
The fee for an inspection by the code official(s) shall be in an
amount as established from time to time by resolution of Borough Council
plus applicable materials, if any. The fee will be charged to the
owner of the property and payable to the Borough. Above the minimum
charge, the inspection fees will be prorated in 1/2 hour increments.
5.
The complainant shall be responsible for the inspection fee when
an inspection is requested by that individual and the code official
finds that the circumstances under which the inspection was requested
were groundless or malicious.