Borough of Chambersburg, PA
Franklin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Town Council of the Borough of Chambersburg 2-26-2002 by Ord. No. 2002-2.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 109.
Fire prevention — See Ch. 150.
Health and sanitation — See Ch. 168.
Sewers and sewage disposal — See Ch. 242.
Solid waste — See Ch. 248.
Trailer coaches — See Ch. 274.
[1]
Editor's Note: This ordinance also repealed former Ch. 221, Property Maintenance, adopted 2-25-1998 by Ord. No. 98-2, as amended.

§ 221-1 Purpose.

In an effort to establish a minimum standard to ensure that structures located within the Borough of Chambersburg are safe, sanitary and fit for human occupation and use, the Borough of Chambersburg finds it to be desirable and in the public interest to adopt the International Property Maintenance Code as successor to the Building Officials and Code Administrators International, Inc. (BOCA) National Property Maintenance Code to provide a property maintenance standard for the Borough of Chambersburg.

§ 221-2 Adoption of standards.

The current edition of the International Property Maintenance Code, as the same is revised from time to time by the International Code Council, Inc., copies of which are on file in the office of the Borough Secretary, amended as provided in § 221-4 of this chapter, is hereby adopted as the Property Maintenance Code of the Borough of Chambersburg, County of Franklin, Commonwealth of Pennsylvania, for the regulation of all matters concerning buildings and structures as therein provided. It is intended that the adoption of this Code will be a continuation of the basic provisions of the BOCA National Property Maintenance Code originally adopted by the Mayor and Town Council of the Borough of Chambersburg on February 25, 1998. The only purpose for these current revisions is to conform the Borough Code to the International Property Maintenance Code which is the successor Code to the BOCA National Property Maintenance Code. It is further intended that the applicable Property Maintenance Code for the Borough of Chambersburg shall be at all times the most recent revision of the International Property Maintenance Code without the necessity of a special ordinance adopting each new revision as published. Additions, deletions and changes to the International Property Maintenance Code shall be as provided in § 221-4 below.

§ 221-3 Conflicting regulations.

In the event that any provision of the International Property Maintenance Code is inconsistent with the provisions of any other code in effect in the Borough of Chambersburg, the ordinance provision applying the more strict standard shall apply.

§ 221-4 Modification of standards.

The International Property Maintenance Code, 2000 Edition and all subsequent revisions correspondingly, is hereby amended and revised in the following respects:
A. 
Any reference in this Code to "municipality", "chief appointing authority" and/or "jurisdiction" shall be a reference to the Borough of Chambersburg.
B. 
Reference to the "chief administrative officer" shall be reference to the Borough Manager of the Borough of Chambersburg.
C. 
Reference to the "code official" shall be reference to the Borough of Chambersburg Property Maintenance Code Officer or other designee of the Borough of Chambersburg.
D. 
In Section 101.1 (page 1, second line), insert "Borough of Chambersburg."
E. 
Section 103.5 on page 2 entitled "Fees" shall be deleted.
[Amended 5-23-2016 by Ord. No. 2016-05]
F. 
Section 104.6 (page 2) shall be amended to read as follows:
104.6 Department records. An official record shall be kept of all business and activities relating to the administration of this code, and all such records shall be open to inspection by the owner of the property subject to the administrative action as well as any occupant of the premises. The availability of such records to others shall be in accord with the Pennsylvania Right To Know Law, 65 P.S. § 66.2, 1957 P.L. 390, as from time to time amended. Until such time as a decision of the Code Enforcement Officer is appealed, said officer shall keep confidential all evidence which he may discover or obtain in the course of an investigation made pursuant to the administration of this code, and such evidence shall be considered privileged. Evidence so obtained shall not be disclosed except as may be necessary in the judgment of the Code Enforcement Officer for the proper and effective administration and enforcement of the provisions of this chapter and the rules and regulations issued pursuant thereto and shall not otherwise be admissible in any judicial proceeding without the consent of the owner, occupant or other person in charge of the premises subject to the administrative action.
[Amended 5-23-2016 by Ord. No. 2016-05]
G. 
Section 106.4 (page 3) shall be amended to read as follows:
106.4 Penalty. Any person who shall violate a provision of this code shall, upon conviction thereof, be subject to a fine of not less than $150 nor more than $300 at the discretion of the court. Each day a violation continues after due notice has been served shall be deemed a separate offense except as is otherwise provided in Section 106.4
H. 
Section 106.0 shall be amended by adding at the end thereof new Section 106.6 to read as follows:
106.6 Automatic stay. An appeal from a decision of the code official, or from a citation, notice or order issued under this code, shall act as an automatic stay of the decision, citation, notice or order appealed. The stay provided in this section shall remain in effect during the pendency of the appeal before the Board of Appeals and during the pendency of any subsequent appeals from the Board of Appeals' decision to the courts of this commonwealth. Each day any appeal to the Board of Appeals or the courts of this commonwealth remains pending shall not count as a separate offense for purposes of determining the amount of penalty due for a violation of this code under Section 106.4.
Once all appeals have been finally determined and a person has then been given a reasonable opportunity to comply with the decision, citation, notice or order appealed, then each day subsequent to that time that a violation continues shall be considered a separate offense for purposes of Section 106.4.
I. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection I, amending Section 107.0, was repealed 5-23-2016 by Ord. No. 2016-05.
J. 
Section 107.0 is hereby revised by adding thereto a new Section 107.7 to read as follows:
[Amended 8-8-2005 by Ord. No. 2005-11]
107.7 Repeated violations. In the instance of repeated violations of the same section of this code, prosecution may be commenced without additional prior notice to the person or persons repeating the violation. A person shall be considered to be repeating a violation if that person is found to be in violation of a section of this code for the same or similar offense for which the person was cited in the immediately preceding one-hundred-eighty-day period. The one-hundred-eighty-day period shall begin from the date of inspection for curing the previous violation.
K. 
Section 111.1 is reworded to read as follows:
[Added 5-23-2016 by Ord. No. 2016-05[2]]
111.1 Application for appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal to the Board of Appeals, provided that a written application for appeals is filed within 30 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or requirements of this code are adequately satisfied by other means.
[2]
Editor's Note: The inclusion of this ordinance also redesignated former Subsections K through R as Subsections L through T, respectively.
L. 
Section 111.2 (page 5) shall be reworded as follows:
111.2 Membership of the Board. The Board of Appeals shall consist of three members appointed by the chief appointing authority, with the initial appointment to be one member to serve for three years, one member to serve for two years and one member for one year. Thereafter, each new member shall serve for three years or until a successor has been appointed. The Borough of Chambersburg Building Code Board of Appeals shall hear appeals under this chapter. In appointing members to the Chambersburg Building Code Board of Appeals as the term for each of the current members expires, the borough shall make every effort to appoint members who meet the following qualifications:
1.
One member should be a registered design professional that is a registered architect, or a building or superintendent of building construction with experience as the person responsible for directing construction activities.
2.
One member should be a registered design professional with electrical engineering experience, or an electrical contractor with experience as the person responsible for directing construction activities.
3.
One member should be a registered design professional with fire-protection engineering experience, or a fire-protection contractor with experience as the person responsible for directing construction activities.
M. 
Section 111.2.1 (page 5) shall be revised to note that alternate members of the Board shall be appointed for three years or until a successor has been appointed.
N. 
Section 111.7 (page 5) shall be revised to read as follows:
111.7 Court review. Any person aggrieved by the final decision of the Board of Appeals may obtain judicial review by filing with the Court of Common Pleas of the 39th Judicial District, Franklin County Branch, within 30 days of the announcement of such decision, a petition praying that the decision be set aside in whole or in part. A copy of each petition so filed shall be forthwith transmitted to the Board of Appeals, which shall file in court a record of the proceedings upon which it based its decision. Upon the filing of such record, the court shall affirm, modify or vacate the decision complained of in whole or in part. The findings of the Board of Appeals with respect to questions of fact shall be sustained if supported by substantial evidence on the record, considered as a whole.
O. 
Section 302.8 (page 10) shall be revised to read as follows:
302.8 Motor vehicles. Except as provided for in other regulations, no currently unregistered or uninspected motor vehicle, nor any vehicle in a major state of disassembly or disrepair, or in the process of being stripped or dismantled, shall be parked, kept or stored outside of any permanent structure on any premises for a period in excess of 30 days unless the same shall be screened from the view of the adjacent property and road frontage. In no event shall more than one such screened vehicle be stored on any premises for a period in excess of 30 days. Such screening shall consist of a well-maintained fence, wall, hedge or vegetative material at least seven feet in height and of a density to conceal from the view of adjoining properties the structures and uses on the premises on which the screening is located. A covering consisting of a tarpaulin or other similar material shall not be considered adequate for such purposes.
Exception: Those businesses in these zones that repair or otherwise restore vehicles may keep an unlimited number of vehicles for an unlimited time, provided that those vehicles are kept screened from public view while they are in a major state of disassembly, disrepair or in the process of being stripped or dismantled. Vehicles that are not in this state but are still inoperable may be kept unscreened but may not be stored unscreened for longer than 30 days. Also, motor vehicles not displaying current license plates stored on property utilized for the sale of motor vehicles will not be considered in violation of this provision solely because they do not display a current license tag.
P. 
In Section 304.14 (page 13, first line), insert "May 1 to October 1."
[Amended 5-23-2016 by Ord. No. 2016-05]
Q. 
Chapter 3, Section 309, of the International Property Maintenance Code, as in effect in the Borough of Chambersburg, is revised to read as follows:
[Added 5-23-2016 by Ord. No. 2016-05]
SECTION 309
PEST ELIMINATION
309.1 Infestation. Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved process that will not be injurious to human health. After pest elimination, proper precaution shall be taken to prevent reinfestation.
309.2 Responsibility for pest control. The owner of any premises within the Borough is responsible for pest control and elimination on the premises, including within any structure on the premises.
NOTE: The provisions of Section 309.3 through 309.5 of the International Property Maintenance Code of 2015 are repealed. It is intended that the above provisions shall supersede language similar to Sections 309.3 through 309.5 in any successive International Property Maintenance Code revisions.
R. 
In Section 602.3 (page 21, fifth line), insert "January 1 to December 31."
[Amended 5-23-2016 by Ord. No. 2016-05]
S. 
In Section 602.4 (page 21, third line), insert "January 1 to December 31,"
[Amended 5-23-2016 by Ord. No. 2016-05]
T. 
Delete from the provisions of the International Property Maintenance Code Section 302.4, entitled "Weeds," with the intent that all Borough criteria relating to the cutting of brush, grass and weeds shall henceforth be established under Chapter 109 of the Code of the Borough.
[Added 5-12-2008 by Ord. No. 2008-06]
U. 
Chapter 7 of the International Property Maintenance Code, as in effect in the Borough of Chambersburg, is revised by adding a new Section 704.3 to provide as follows:
[Added 5-23-2016 by Ord. No. 2016-05]
704.3 Responsibilities for installation and maintenance.
704.3.1 Owner responsibilities.
(i)
Provide and install smoke alarms as otherwise provided in this Chapter 7 in all properties offered for lease or rental.
(ii)
Replace any approved smoke alarm that has been stolen, removed, found missing or rendered inoperable during a prior occupancy of the rental property and which has not been replaced by the prior occupant before commencement of a new occupancy of the rental property.
(iii)
Ensure that the batteries in each approved smoke alarm are in operating condition at the time the new occupant takes residence in the rental property.
(iv)
Except as provided in Subsections (i), (ii) and (iii) above, the owner of a dwelling used for rental purposes is not responsible for the maintenance, repair or replacement of an approved smoke alarm or the care and replacement of batteries while the building is occupied. Responsibility for maintenance and repair of smoke alarms shall revert to the owner of the building upon vacancy of the rental property.
704.3.2 Occupant responsibilities. The occupant of each dwelling used for rental purposes in which an operational and approved smoke alarm has been provided must:
(i)
Keep and maintain the device in good repair.
(ii)
Test the device.
(iii)
Replace batteries as needed.
(iv)
Replace any device that is stolen, removed, missing or rendered inoperable during the occupancy of the building.
(v)
Notify the owner or the authorized agent of the owner, in writing, of any deficiencies pertaining to the approved smoke alarm.

§ 221-5 Construal of provisions.

Nothing in this chapter or in the Property Maintenance 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 cause or causes of action acquired or existing under any act or ordinance hereby revised or affected by this chapter, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.

§ 221-6 Reinspection fees.

[Added 6-10-2013 by Ord. No. 2013-09[1]]
In the event that violations of any of the various fire prevention, building, housing, property maintenance, electrical and/or plumbing codes in effect in the Borough of Chambersburg are found during an initial inspection of a premises, the record owner of the property shall be advised in writing of the deficiencies, which notice shall specify a reasonable time within which to correct the noted deficiencies. After the allotted time has expired, the Borough will cause there to be a follow-up inspection to verify that the required corrections have been accomplished. If the deficiencies have been corrected, no fee will be assessed against the property or the property owner, either for the initial inspection or the first follow-up inspection. However, in the event that the necessary corrections have not been made by the time of the first follow-up inspection and additional inspection visits to the property are required, there shall be assessed against the property owner a fee as set forth in the Borough's Master Fee Schedule[2] for each visit after the first follow-up inspection. Any fee so assessed shall be a lien against the property and may be entered thus as a municipal claim. It is intended that the fees here established relate to inspections other than those accomplished as part of the systematic inspection program under Chapter 236 of the Code of the Borough and will be applicable whether or not the property is used as a rental property.
[1]
Editor’s Note: This ordinance provided that it would become effective 6-10-2013.
[2]
Editor’s Note: The Master Fee Schedule is on file in the Borough offices.

§ 221-7 Carbon monoxide alarm standards.

[Added 5-23-2016 by Ord. No. 2016-05]
A. 
Definitions. The following words and phrases, when used in this section, shall have the meanings given in this section unless the context clearly indicates otherwise:
APARTMENT
A room or suite of two or more rooms, occupied or leased for occupation, or intended or designed to be occupied, as a domicile.
APPROVED CARBON MONOXIDE ALARM
The term includes:
(1) 
A single- or multiple-station carbon monoxide alarm listed as complying with the approved American National Standard for Single and Multiple Station Carbon Monoxide Alarms (ANSI/UL2034) or a carbon monoxide detector listed as complying with the approved American National Standard for Gas and Vapor Detectors and Sensors (ANSI/UL2075) installed in accordance with PA Act 121 of 2013.[1]
(2) 
A device that may be combined with a smoke alarm or smoke detector if the combined smoke alarm or detector meets all of the following:
(a) 
Complies with either of the following:
[1] 
The approved American National Standard for Single and Multiple Station Carbon Monoxide Alarms (ANSI/UL2034) for carbon monoxide alarms, and the approved American National Standard for Single and Multiple State Smoke Alarms (ANSI/UL217) for smoke alarms.
[2] 
The approved American National Standard for Gas and Vapor Detectors and Sensors (ANSI/UL2075) for carbon monoxide detectors and the approved American National Standard for Safety for Smoke Detectors for Fire Alarm Systems (ANSI/UL268) for smoke detectors.
(b) 
Emits an alarm in a manner that clearly differentiates between detecting the presence of carbon monoxide and the presence of smoke.
(3) 
A carbon monoxide detection system that includes carbon monoxide detectors and audible notification appliances that are installed and maintained in accordance with the National Fire Alarm and Signaling Code (NFPA 72) and the Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment (NEPA 720) and are in compliance with the approved American National Standard for Gas and Vapor Detectors and Sensors (ANSI/UL2075).
FOSSIL FUEL
Coal, kerosene, oil, wood, fuel gases and other petroleum or hydrocarbon products which emit carbon monoxide as a by-product of combustion.
INSTALLED
A carbon monoxide alarm that is hardwired into the electrical wiring, directly plugged into an electrical outlet with a switch, other than a circuit breaker, or, if the alarm is battery powered, attached to a wall or ceiling of a residential building, an apartment or a multifamily dwelling, in accordance with the Standard for Installation of Carbon Monoxide (CO) Detection and Warning Equipment (NEPA720).
MULTIFAMILY DWELLING
Any house or building, or portion thereof, that is intended or designed to be occupied or leased for occupation or occupied as a home or residence for three or more households living in separate apartments and doing their cooking on the premises.
OPERATIONAL
Working and in service.
[1]
Editor's Note: See 35 P.S. § 7221 et seq.
B. 
Residential building. Detached one-family and two-family dwellings and multiple single-family dwellings with a separate means of egress, which includes accessory structures. Each residential building which uses a fossil-fuel-burning heater or appliance, fireplace or an attached garage must have an operational, centrally located and approved carbon monoxide alarm in the vicinity of the bedrooms and fossil-fuel-burning heater or fireplace.
C. 
Multifamily dwellings. Each apartment in a multifamily dwelling which uses a fossil-fuel-burning heater appliance, fireplace or an attached garage must have an operational, centrally located and approved carbon monoxide alarm installed in the vicinity of the bedrooms and the fossil-fuel-burning heater or fireplace.
D. 
Carbon monoxide alarm responsibilities in rental properties.
(1) 
Owner responsibilities. The owner of a dwelling having a fossil-fuel-burning heater appliance, fireplace or an attached garage used for rental purposes and required to be equipped with one or more approved carbon monoxide alarms shall:
(a) 
Provide and install an operational, centrally located and approved carbon monoxide alarm in the vicinity of the bedrooms and the fossil-fuel-burning heater or fireplace.
(b) 
Replace, in accordance with this section, any approved carbon monoxide alarm that has been stolen, removed, found missing or rendered inoperable during a prior occupancy of the rental property and which has not been replaced by the prior occupant before commencement of a new occupancy of the rental property.
(c) 
Ensure that the batteries in each approved carbon monoxide alarm are in operating condition at the time the new occupant takes residence in the rental property.
(d) 
Maintenance, repair or replacement. Except as provided in Subsection D(1) above, the owner of a dwelling used for rental purposes is not responsible for the maintenance, repair or replacement of an approved carbon monoxide alarm or the care and replacement of batteries while the building is occupied. Responsibility for maintenance and repair of carbon monoxide alarms shall revert to the owner of the building upon vacancy of the rental property.
(2) 
Occupant responsibilities. The occupant of each dwelling used for rental purposes in which an operational and approved carbon monoxide alarm has been provided must:
(a) 
Keep and maintain the device in good repair.
(b) 
Test the device.
(c) 
Replace batteries as needed.
(d) 
Replace any device that is stolen, removed, missing or rendered inoperable during the occupancy of the building.
(e) 
Notify the owner or the authorized agent of the owner, in writing, of any deficiencies pertaining to the carbon monoxide alarm.