[HISTORY: Adopted by the Board of Commissioners
of the Township of Springfield 1-14-1987 by Ord. No. 748. Amendments
noted where applicable.]
That certain document marked and designated as the "BOCA Basic Property Maintenance Code, Second Edition, 1981," as published by the Building Officials and Code Administrators International, Inc., is hereby adopted as the Property Maintenance Code of Springfield Township, Montgomery County, Pennsylvania, for the control of the buildings, structures and premises as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of this code is hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes prescribed in § 70A-2 of this chapter.
The following sections of the BOCA Basic Property
Maintenance Code, Second Edition, 1981, are hereby reaffirmed, amended
and changed as follows:
A.
Article 1, Administration and enforcement.
(1)
Section PM-100.0, General:
(a)
Section PM-100.1, Title, shall read as follows:
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PM-100.1 Title: These regulations
shall be known as the "Property Maintenance Code of Springfield Township,"
hereinafter referred to as the "Property Maintenance Code" or "this
code."
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(b)
Section PM-100.2, Scope, shall read as follows:
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PM-100.2 Scope: This code is to
protect the public health, safety and welfare in all existing structures,
residential and nonresidential, and on all existing premises. Buildings
shall be kept in conformance with the provisions of the applicable
building code at the time of construction. In such case as the applicable
building code does not address itself to such provisions, the applicable
section of the Property Maintenance Code shall apply.
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(c)
Section PM-100.3, Intent, shall read as follows:
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PM-100.3 Intent: This code shall
be construed liberally and justly to ensure the public health, safety
and welfare insofar as they are affected by the maintenance of structures
and premises.
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(d)
Section PM-100.4, Other regulations, shall read
as follows:
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PM-100.4 Other regulations: The
provisions in this code shall not be construed to prevent the enforcement
of other ordinances or regulations which prescribe standards other
than are provided herein.
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(e)
Section PM-100.5, Application of building code,
shall read as follows:
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PM-100.5 Application of building code: Any repairs or alterations to a structure or changes of use herein
which may be caused directly or indirectly by the enforcement of this
code shall be done in accordance with the procedures and provisions
of the Building Code.
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(f)
Section PM-100.6, Existing remedies, shall read
as follows:
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PM-100.6 Existing remedies: The
provisions in this code shall not be deemed to abolish or impair existing
remedies of the jurisdiction or its officers or agencies relating
to the removal or demolition of any buildings which are deemed to
be dangerous, unsafe and unsanitary.
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(2)
Section PM-101.0, Validity:
(a)
Section PM-101.1, Validity, shall read as follows:
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PM-101.1 Validity: If any section,
subsection, paragraph, sentence, clause or phrase of this code shall
be declared invalid for any reason whatsoever, such decision shall
not affect the remaining portions of this code, which shall continue
in full force and effect, and, to this end, the provisions of this
code are hereby declared to be severable.
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(b)
Section PM-101.2, Saving clause, shall read
as follows:
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PM-101.2 Saving clause: This code
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.
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(3)
Section PM-102.0, Existing structures:
(a)
Section PM-102.1, Existing structures, shall
read as follows:
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PM-102.1 Existing structures: As
provided in Section PM-100.0, this code establishes minimum requirements
for the initial and continued use of all structures and premises and
does not replace or modify requirements otherwise established by ordinance
which may be additional or more stringent for the construction, repair,
alteration or use of structures, equipment or facilities.
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(4)
Section PM-103.0, Enforcement authority:
(a)
Section PM-103.1, Officer, shall read as follows:
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PM-103.1 Officer: It shall be the
duty and responsibility of the code official to enforce the provisions
of this code as herein provided.
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(b)
Section PM-103.2, Relief from personal liability,
shall read as follows:
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PM-103.2 Relief from personal liability: Any township official, officer or employee who acts in good faith
and without malice in the discharge of duties and enforcement of this
code is relieved of all personal liability for any damage that may
accrue to persons or property as a result of such acts or alleged
failure to act. Further, the township, township officials, officers
or employees shall not be held liable for any costs in any action,
suit or proceeding that may be instituted by the code official in
the enforcement of this code. In any of these actions, the official
or employee shall be defended or represented by the jurisdiction's
attorney-at-law until the final termination of the proceedings.
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(c)
Section PM-103.3, Official records, shall read
as follows:
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PM-103.3 Official records: An official
record shall be kept of all business and activities of the department
specified in the provisions of this code, and all such records shall
be open to public inspection at all appropriate times and under reasonable
regulations established by the code official to maintain the integrity
and security of such records.
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(5)
Section PM-104.0, Duties and powers of code official:
(a)
Section PM-104.1, General, shall read as follows:
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PM-104.1 General: The code official
shall enforce all the provisions of this code relative to the maintenance
of structures and premises, except as may otherwise be specifically
provided for by other regulations.
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(b)
Section PM-104.2, Notices and orders, shall
read as follows:
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PM-104.2 Notices and orders: The
code official shall issue all necessary notices and orders to abate
illegal or unsafe conditions to ensure compliance with the code requirements
for the safety, health and general welfare of the public.
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(c)
Section PM-104.3, Inspections, shall read as
follows:
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PM-104.3 Inspections: In order
to safeguard the safety, health and welfare of the public, the code
official is authorized to enter any structure or premises at any reasonable
time for the purpose of making inspections and performing duties under
this code.
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(d)
Section PM-104.3.1, Right of entry, shall read
as follows:
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PM-104.3.1 Right of entry: If any
owner, occupant or other person in charge of a structure subject to
the provisions of this code 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 code
is sought, the administrative authority may seek, in a court of competent
jurisdiction, an order that such owner, occupant or other person in
charge shall cease and desist with such interference.
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(e)
Section PM-104.3.2, Access by owner or operator,
shall read as follows:
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PM-104.3.2 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 code.
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(f)
Section PM-104.4, Credentials, shall read as
follows:
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PM-104.4 Credentials: The code
official or the code official's authorized representative shall disclose
proper credentials of their respective office for the purpose of inspecting
any and all buildings and premises in the performance of duties under
this code.
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(g)
Section PM-104.5, Coordination of enforcement,
shall read as follows:
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PM-104.5 Coordination of enforcement: Inspection of premises, the issuance of notices and orders and enforcement
thereof shall be the responsibility of code officials so charged by
the jurisdiction. Whenever, in the opinion of a code official initiating
an inspection under this code, it is deemed necessary or desirable
to have inspections 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 which it determines must be issued.
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(h)
Section PM-104.6, Rule making authority, shall
read as follows:
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PM-104.6 Rule making authority: The Board of Commissioners shall have the 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
provisions of this code, 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 code
or violating accepted engineering practice involving public safety.
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(i)
Section PM-104.7, Annual report, shall read
as follows:
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PM-104.7 Annual report: At least
annually, the code official shall submit to the Board of Commissioners
a written statement of operations in the form and content as shall
be prescribed by the Board.
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(6)
Section PM-105.0, Condemnation:
(a)
Section PM-105.1, General, shall read as follows:
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PM-105.1 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
use or is found unlawful, it may be condemned pursuant to the provisions
of this code and may 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.
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(b)
Section PM-105.1.1, Unsafe structure, shall
read as follows:
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PM-105.1.1 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 because it is so damaged, decayed, dilapidated, structurally
unsafe, or of such faulty construction or unstable foundation that
it is likely to partially or completely collapse, or to cause fire
or combustion.
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(c)
Section PM-105.1.2, Unsafe equipment, shall
read as follows:
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PM-105.1.2 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 found to be a hazard
to life, health, property or safety of the public or occupants of
the premises or structure. Unsafe equipment may contribute to the
finding that the structure is unsafe or unfit for human occupancy
or use.
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(d)
Section PM-105.1.3, Structure unfit for human
occupancy, shall read as follows:
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PM-105.1.3 Structure unfit for human occupancy: A structure is unfit for human occupancy or use whenever the code
official finds that it is unsafe, unlawful, unsanitary, vermin or
rat infested, contains filth and contamination or lacks ventilation,
illumination, sanitary or heating facilities or other essential equipment
required by this code or because its location constitutes a hazard
to its occupants or to the public.
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(e)
Section PM-105.1.4, Unlawful structure, shall
read as follows:
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PM-105.1.4 Unlawful structure: An unlawful structure is one which is found, in whole or in part,
to be occupied by more persons than permitted or which was erected,
altered or occupied contrary to law.
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(f)
Section PM-105.2, Closing of vacant structures,
shall read as follows:
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PM-105.2 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 may post a placard of condemnation on the premises and
may 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 arrangements 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.
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(7)
Section PM-106.0, Notices and orders:
(a)
Section PM-106.1, Notice to owner or to person
or persons responsible, shall read as follows:
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PM-106.1 Notice to owner or to person
or persons responsible: Whenever the code official determines
that there has been a violation of this code or has reasonable grounds
to believe that a violation has occurred or whenever the code official
has condemned any structure or equipment under the provisions of Section
PM-105.0, 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.
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(b)
Section PM-106.2, Form, shall read as follows:
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PM-106.2 Form: Such notice prescribed in Section
PM-106.1 shall:
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1.
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Be in writing.
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2.
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Include a description of the real estate sufficient
for identification.
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3.
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Include a statement of the reason or reasons
why it is being issued.
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4.
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Include a correction order allowing a reasonable
time for the repairs and improvements required to bring the dwelling
unit or structure into compliance with the provisions of this code.
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5.
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Include an explanation of the owner's right
to seek modification or withdrawal of the notice by petition to the
Board of Commissioners.
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(c)
Section PM-106.3, Service, shall read as follows:
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PM-106.3 Service: Such service
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 of the owner, 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 certified or registered letter is returned with receipt
showing that it has not been delivered, by posting a copy thereof
in a conspicuous place in or about the structure affected by such
notice.
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(d)
Section PM-106.3.1, Service on occupant, shall
read as follows:
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PM-106.3.1 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. Owners
or persons responsible for compliance must vacate at the time set
for correction of defects if there is failure of compliance.
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(e)
Section PM-106.4, Penalties, shall read as follows:
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PM-106.4 Penalties: Penalties for
noncompliance of orders and notices shall be subject to the penalties
set forth in Section PM-109.2.
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(f)
Section PM-106.5, Transfer of ownership, shall
read as follows:
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PM-106.5 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 such dwelling unit or structure 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 and notarized 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.
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(8)
Section PM-107.0, Placarding:
(a)
Section PM-107.1, Placarding of structure, shall
read as follows:
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PM-107.1 Placarding of structure: After the condemnation notice required under the provisions of this
code has resulted in an order by virtue of failing to comply within
the time given, the code official may 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 have removed 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.
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(b)
Section PM-107.2, Prohibited use, shall read
as follows:
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PM-107.2 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 code.
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(c)
Section PM-107.3, Removal of placard, shall
read as follows:
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PM-107.3 Removal of placard: The
code official shall remove the condemnation placard whenever the defect
or defects upon which the condemnation and placarding 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 code.
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(9)
Section PM-108.0, Emergency orders:
(a)
Section PM-108.1, General, shall read as follows:
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PM-108.1 General: Whenever a 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 may, with proper notice
and service in accordance with the provisions of Section PM-106.0,
issue an order reciting the existence of such an emergency and requiring
the vacating of the premises or such action taken as the code official
deems necessary to meet such emergency. Notwithstanding other provisions
of this code, such order shall be effective immediately, and the premises
or equipment involved shall be placarded immediately upon service
of the order.
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(b)
Section PM-108.2, Hearing, shall read as follows:
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PM-108.2 Hearing: Any person to
whom such order is directed shall comply herewith. They may thereafter,
upon petition directed to the Board of Commissioners, be afforded
a hearing as prescribed in this code. Depending upon the findings
of the Board at such hearing as to whether the provisions of this
code and the rules and regulations adopted pursuant thereto have been
complied with, the Board shall continue such order or modify or revoke
it.
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(10)
Section PM-109.0, Violations:
(a)
Section PM-109.1, Unlawful acts, shall read
as follows:
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PM-109.1 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 code or cause the same to be done contrary
to or in conflict with or in violation of any of the provisions of
this code.
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(b)
Section PM-109.2, Penalty, shall read as follows:
[Amended 7-13-1988 by Ord. No. 756]
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PM-109.2 Penalty: Any person, firm
or corporation which shall violate any provision of this code shall,
upon conviction thereof, be subject to a fine of not less than $10
nor more than $1,000 or imprisonment for a term not to exceed 90 days,
or both, at the discretion of the court. Each day that a violation
continues after due notice has been served, in accordance with the
terms and provisions hereof, shall be deemed a separate offense.
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(c)
Section PM-109.3, Prosecution, shall read as
follows:
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PM-109.3 Prosecution: In case any
violation order is not promptly complied with, the code official may
request the jurisdiction's legal representative to institute an appropriate
action or proceeding at law to exact the penalty provided in Section
PM-109.2. Also, the code official may ask the legal representative
to proceed at law or in equity against the person responsible for
the violation for the purpose of ordering that person:
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1.
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To restrain, correct or remove the violation
or refrain from any further execution of work;
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2.
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To restrain or correct the erection, installation
or alteration of such structure;
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3.
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To require the removal of work in violation;
or
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4.
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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 code or in violation
of a plan or specification under which an approval, permit or certificate
was issued.
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(11)
Section PM-110.0, Right to appeal:
(a)
Section PM-110.1, Petition, shall read as follows:
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PM-110.1 Petition: Any person affected
by any notice which has been issued in connection with the enforcement
of any provision of this code or of any rule or regulation adopted
pursuant thereto may 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 therefor within 20 days
after the day the notice was served.
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(b)
Section PM-110.2, Appeals Board, shall read
as follows:
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PM-110.2 Appeals Board: In order
to protect existing structures in the jurisdiction by vigorous enforcement
of the provisions of this code, there shall be and is hereby created
a Property Maintenance Code Appeals Board, hereafter referred to as
the "Board," consisting of the Board of Commissioners.
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(12)
Sections PM-110.2.1, PM-110.2.2, PM-110.2.3
and PM-110.3 shall be deleted.
(13)
Section PM-111.0, Demolition:
(a)
Section PM-111.1, General, shall read as follows:
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PM-111.1 General: The code official
may order the owner of premises upon which is located any structure
or part thereof, which in the code official's judgment is a threat
to the health, safety or welfare of the public or is otherwise unfit
for human habitation, occupancy or use 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 more than two years, to raze and remove such structure or
part thereof.
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(b)
Section PM-111.2 shall be deleted.
(c)
Section PM-111.3, Order, shall read as follows:
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PM-111.3 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 may 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.
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(d)
Section PM-111.4, Restraining actions, shall
read as follows:
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PM-111.4 Restraining actions: Anyone
affected by any such order shall, within five 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 not found reasonable, the court shall continue
the restraining order or modify it as the circumstances may require.
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(e)
Section PM-111.5, Failure to comply, shall read
as follows:
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PM-111.5 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.
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(f)
Section PM-111.6, Salvage materials, shall read
as follows:
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PM-111.6 Salvage materials: When
any structure has been ordered razed and removed, the governing body
or other designated officer under said contract or arrangement aforesaid
may 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 may be 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.
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B.
Article 2, Definitions.
(1)
Section PM-200.0, General:
(a)
Section PM-200.1, Scope, shall read as follows:
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PM-200.1 Scope: Unless otherwise
expressly stated, the following terms shall, for the purpose of this
code, have the meanings indicated in this Article.
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(b)
Section PM-200.2, Interchangeability, shall
read as follows:
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PM-200.2 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.
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(c)
Section PM-200.3, Terms defined in other codes,
shall read as follows:
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PM-200.3 Terms defined in other codes: Where terms are not defined in this code and are defined in the
Building, Plumbing and/or Mechanical Codes, they shall have the same
meanings ascribed to them as in those codes.
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(d)
Section PM-200.4, Terms not defined, shall read
as follows:
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PM-200.4 Terms not defined: Where
terms are not defined under the provisions of this code or under the
provision of the Code of the Township of Springfield, they shall have
ascribed to them their ordinarily accepted meanings or such as the
context herein may imply.
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(2)
Section PM-201.0, Applied meaning of words and terms,
shall be read as follows:
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Approved (as applied to a material, device
or method of construction): Approved by the code official under
the provisions of this code or approved by other authority designated
by law to give approval in the matter in question.
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Basement: That portion of a building
which is partly below and partly above grade and having at least 1/2
its height above grade. (See "cellar.")
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Building code: The Building Code
officially adopted by the legislative body of this jurisdiction, or
such other code as may be officially designated by the legislative
body of the jurisdiction for the regulation of construction, alteration,
addition, repair, removal, demolition, use, location, occupancy and
maintenance of buildings and structures.
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Building official: The official
designated by the jurisdiction to enforce building, zoning or similar
laws, or a duly authorized representative.
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Cellar: That portion of a building
which is partly or completely below grade, and having at least 1/2
its height below grade. (See "basement.")
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Central heating: 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.
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Code official: The official who
is charged with the administration and enforcement of this code, or
any duly authorized representative.
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Condemn: To adjudge unfit for use
or occupancy.
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Condemnation: The act of judicially
condemning.
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Dwellings: One-family dwelling:
A building housing not more than one family. Two-family dwelling:
A building housing not more than two families.
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Multifamily apartment house: A
building or portion thereof containing more than two dwelling units
and not classified as a one- or two-family dwelling.
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Boardinghouse, lodging house and tourist
house: A building arranged or used for the lodging, with or
without meals, for compensation, by more than five and not more than
20 individuals.
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Dormitory: 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.
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Hotel: Any building containing
six or more guest rooms intended or designed to be used or which are
used, rented or hired out to be occupied or which are occupied for
sleeping purposes by guests.
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Dwelling unit: A single unit providing
complete, independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking and sanitation.
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Enforcement officer: The official
designated herein or otherwise charged with the responsibilities of
administering this code, or the official's authorized representative,
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Exterior property areas: The open
space on the premises and on adjoining property under the control
of owners or operators of such premises.
| |||
|
Extermination: The control and
elimination of insects, rats or other pests by eliminating their harborage
places; by removing or making inaccessible materials that may serve
as their food; by poison spraying, fumigating, trapping; or by any
other approved pest elimination methods.
| |||
|
Family: Any number of individuals
living together as a single nonprofit, housekeeping unit and doing
their cooking on the premises, when said individuals are related by
blood, marriage or adoption, including any number of foster children
under the care of the same; or no more than four unrelated individuals
living together as a single, nonprofit, housekeeping unit and doing
their cooking on the premises.
| |||
|
Garbage: The animal and vegetable
waste resulting from the handling, preparation, cooking and consumption
of food.
| |||
|
Habitable space: 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.
| |||
|
Hotel: See "dwellings."
| |||
|
Infestation: The presence, within
or contiguous to a structure or premises, of insects, rats, vermin
or other pests.
| |||
|
Junked automobile, truck or vehicle: Any vehicle found on public or private property, not within a completely
enclosed structure or building, such as a garage or accessory building,
which can be easily secured against potential health and safety hazards,
and is found to be either:
| |||
|
1.
|
A vehicle for which a certificate of junk has
been issued by the Pennsylvania Secretary of Revenue or the official
designated by any other state to issue such certificate.
| ||
|
2.
|
Any vehicle, provided that such vehicle is not
registered with and certified by the Health Officer as a repairable
vehicle, in or on which it is found that any of the following conditions
exist:
| ||
|
(a)
|
Its engine or motor or any other essential part
is inoperable or has been removed for more than 15 days.
| ||
|
(b)
|
Its tires or any tire has been deflated or its
wheel or wheels have been removed for more than 15 days.
| ||
|
(c)
|
It bears no official inspection sticker or registration
plate or such have not been current for 15 days or more.
| ||
|
Let for occupancy or let: To permit
possession or occupancy of a dwelling, dwelling unit, rooming unit,
building or structure by a person, who shall be 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 of contract for the sale of land.
| |||
|
Maintenance: Conformance of a building
and its facilities to the code under which the building was constructed.
| |||
|
Motel: A hotel, as defined in this
code.
| |||
|
Multifamily (multiple) dwellings: See "dwellings."
| |||
|
Occupant: Any person over one year
of age (including the owner or operator) living and sleeping in a
dwelling unit or having actual possession of said dwelling or rooming
unit.
| |||
|
Openable area: That part of a window
or door which is available for unobstructed ventilation and which
opens directly to the outdoors.
| |||
|
Operator: Any person who has charge,
care or control of a structure or premises which are let or offered
for occupancy.
| |||
|
Owner: Any person, agent, firm
or corporation having a legal or equitable interest in the property.
| |||
|
Person: Includes a corporation
or copartnership as well as an individual.
| |||
|
Plumbing: The practice, materials
and fixtures used in the installation, maintenance, extension and
alteration of all piping, fixtures, appliances and appurtenances within
the scope of the Plumbing Code.
| |||
|
Plumbing fixture: 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.
| |||
|
Premises: A lot, plot or parcel
of land, including the buildings or structures thereon.
| |||
|
Public nuisance: Any structure
or building that is a threat to the health, safety or welfare of the
public or is in a state of dilapidation, deterioration or decay; which
has faulty construction; which is overcrowded; open, vacant or abandoned;
damaged by fire to the extent as not to provide shelter; or which
is in danger of collapse or failure and is dangerous to anyone on
or near the premises.
| |||
|
Renovation: A building and its
facilities made to conform to present day minimum standards of sanitation,
fire and life safety.
| |||
|
Residence building: 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.
| |||
|
Rooming house: Any residence building
or any part thereof containing one or more rooming units, in which
space is let by the owner or operator to more than five persons who
are not members of the family. (See "dwellings," and "boardinghouse.")
| |||
|
Rooming unit: Any room or group
of rooms forming a single habitable unit used or intended to be used
for living and sleeping, but not for cooking or eating purposes.
| |||
|
Rubbish: 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.
| |||
|
Structure: 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.
| |||
|
Supplied: Installed, furnished
or provided by the owner or operator.
| |||
|
Ventilation: The process of supplying
and removing air by natural or mechanical means to or from any space.
Mechanical: Ventilation by power-driven devices. Natural: Ventilation
by opening to outer air through windows, skylights, doors, louvers
or stacks without wind-driven devices.
| |||
|
Workmanlike: Whenever the words
"workmanlike state of maintenance and repair" are used in this code,
they shall mean that such maintenance and repair shall be made in
a reasonably skillful manner.
| |||
|
Yard: An open, unoccupied space
on the same lot with a building, extending along the entire length
of the street or rear or interior lot line.
| |||
C.
Article 3, Environmental requirements.
(1)
Section PM-300.0, General:
(a)
Section PM-300.1, Scope, shall read as follows:
|
PM-300.1 Scope: The provisions
of this Article shall govern the minimum conditions of maintenance
of exterior property, premises and structures. Premises shall comply
with the conditions herein prescribed insofar as they are applicable.
|
(b)
Section PM-300.2, Responsibility, shall read
as follows:
|
PM-300.2 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 Article.
|
(c)
Section PM-300.3, Vacant structures and land,
shall read as follows:
|
PM-300.3 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 adversely affect the public health, safety or
welfare.
|
(2)
Section PM-301.0, Premises conditions:
(a)
Section PM-301.1, Sanitation, shall read as
follows:
|
PM-301.1 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)
Section PM-301.1.1, Containers, shall read as
follows:
|
PM-301.1.1 Containers: The operator
of every establishment producing garbage, vegetable wastes or other
putrescible materials shall provide and at all times cause to be used
leakproof approved containers, provided with close-fitting covers,
for the storage of such materials until removed from the premises
for disposal.
|
(c)
Section PM-301.2, Grading and drainage, shall
read as follows:
|
PM-301.2 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.
|
(d)
Section PM-301.3, Loading areas, shall read
as follows:
|
PM-301.3 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)
Section PM-301.4, Insect and rat control, shall
read as follows:
|
PM-301.4 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 shared
or public parts of the premises of other than a single-family dwelling,
extermination shall be the responsibility of the owner.
|
(f)
Section PM-301.5, Public areas, shall read as
follows:
|
PM-301.5 Public areas: All sidewalks,
steps, driveways, parking spaces and similar paved areas for public
use shall be kept in a proper state of repair and free of all snow,
ice, mud and other debris. If any sidewalk or driveway or portion
thereof, by virtue of its state of repair, shall constitute a danger
to the public health and safety, the sidewalk or driveway or portion
thereof shall be replaced.
|
(g)
Section PM-301.6, Noxious weeds, shall read
as follows:
|
PM-301.6 Noxious weeds: Chapter 11, Brush, Grass and Weeds, of the Code of the Township of Springfield will regulate the prohibition of objectionable vegetation.
|
(h)
Section PM-301.7, Storage areas, shall read
as follows:
|
PM-301.7, Storage areas: All open
salvage yards and open storage areas shall be completely obscured
from surrounding property by a solid screen not less than six feet
(1.83 meters) in height.
|
(i)
Section PM-301.8, Exhaust vents, shall read
as follows:
|
PM-301.8 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)
Section PM-301.9, Accessory structures, shall
read as follows:
|
PM-301.9 Accessory structures: All
accessory structures, including detached garages, fences and walls,
shall be maintained structurally sound and in compliance with Sections
PM-302.0 and PM-303.0 and in accordance with other applicable ordinances.
|
(k)
Section PM-301.10, Motor vehicles, shall read
as follows:
|
PM-301.10 Motor vehicles: Motor
vehicles shall be subject to the Pennsylvania Motor Vehicle Code and
all applicable chapters of the Code of the Township of Springfield.
|
(l)
Sections PM-301.10.1 and PM-301.10.2 are to
be deleted.
(3)
Section PM-302.0, Exterior structure:
(a)
Section PM-302.1, General, shall read as follows:
|
PM-302.1 General: The exterior
of a structure shall be maintained structurally sound and sanitary
so as not to pose a threat to the health and safety of the occupants
and so as to protect the occupants from the environment.
|
(b)
Section PM-302.2, Structural members, shall
read as follows:
|
PM-302.2 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.
|
(c)
Section PM-302.3, Exterior surfaces (foundations,
walls and roof), shall read as follows:
|
PM-302.3 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.
|
(d)
Section PM-302.3.1, Foundation walls, shall
read as follows:
|
PM-302.3.1 Foundation walls: All
foundation walls shall be maintained so as to carry the safe design
and operating dead and live loads and shall be maintained plumb and
free from open cracks and breaks, so as not to be detrimental to public
safety and welfare.
|
(e)
Section PM-302.3.2, Exterior walls, shall read
as follows:
|
PM-302.3.2 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.
|
(f)
Section PM-302.3.3, Roofs, shall read as follows:
|
PM-302.3.3 Roofs: The roof shall
be structurally sound, tight and not have defects which might admit
rain, and roof drainage shall be adequate to prevent rain water from
causing dampness in the walls or interior portion of the building.
|
(g)
Section PM-303.3.4, Decorative features, shall
read as follows:
|
PM-303.3.4 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.
|
(h)
Section PM-302.3.5, Signs, marquees and awnings,
shall read as follows:
|
PM-302.3.5 Signs, marquees and awnings: All canopies, marquees, signs, metal awnings, stairways, fire escapes,
standpipes, exhaust ducts and similar overhang 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 a weather-coating
material, such as paint or other protective treatment.
|
(i)
Section PM-302.3.6, Chimneys, shall read as
follows:
|
PM-302.3.6 Chimneys: All chimneys,
cooling towers, smokestacks 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.
|
(j)
Section PM-302.3.7, Stairs and porches, shall
read as follows:
|
PM-302.3.7 Stairs and porches: Every
stair, porch, balcony and all appurtenances attached thereto shall
be so constructed as to be safe to use and capable of supporting the
loads to which it is subjected and shall be kept in sound condition
and good repair.
|
(k)
Section PM-302.4, Window and door frames, shall
read as follows:
|
PM-302.4 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 exclude
rain as completely as possible and to substantially exclude wind from
entering the dwelling or structure.
|
(l)
Section PM-302.4.1, Weathertight, shall read
as follows:
|
PM-302.4.1 Weathertight: Every
window and exterior door shall be fitted reasonably in its frame and
be weathertight. 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.
|
(m)
Section PM-302.4.2, Glazing, shall read as follows:
|
PM-302.4.2 Glazing: Every required
window sash shall be fully supplied with approved glazing materials
which are weatherproof.
|
(n)
Section PM-302.4.3, Openable windows, shall
read as follows:
|
PM-302.4.3 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.
|
(o)
Section PM-302.4.4, Insect screens, shall read
as follows:
|
PM-302.4.4 Insect screens: Every
door and window or other outside opening used for ventilation purposes
shall be supplied with approved screening, and every swinging screen
door shall have a self-closing device in good working condition, except
that such screens shall not be required for areas on a floor above
the fifth floor, and screen doors shall not be required on nonresidential
structures or structures where the doors are required to swing out
as required in the Building Code.
|
(p)
Section PM-302.4.5, Door hardware, shall read
as follows:
|
PM-302.4.5 Door hardware: Every
exterior door, door hinge and door latch shall be maintained in good
condition. Door locks in dwelling units shall be in good repair and
capable of tightly securing the door.
|
(q)
Section PM-302.4.6, Basement hatchways, shall
read as follows:
|
PM-302.4.6 Basement hatchways: Every basement or cellar hatchway shall be so constructed and maintained
as to prevent the entrance of rats, rain and surface drainage water
into the structure.
|
(r)
Section PM-302.4.7 shall be deleted.
(4)
Section PM-303.0, Interior structure:
(a)
Section PM-303.1, General, shall read as follows:
|
PM-303.1 General: The interior
of a structure and its equipment shall be maintained structurally
sound and in a sanitary condition so as not to pose a threat to the
health and safety of the occupants and to protect the occupants from
the environment.
|
(b)
Section PM-303.2, Structural members, shall
read as follows:
|
PM-303.2 Structural members: 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.
|
(c)
Section PM-303.3, Interior surfaces, shall read
as follows:
|
PM-303.3 Interior surfaces: Floors;
walls, including windows and doors; ceilings; and other interior surfaces
shall be maintained in a good, clean and sanitary state so as not
to be injurious to the health, safety or welfare of the occupants
and/or the public.
|
(d)
Section PM-303.3.1, Lead based paint, shall
read as follows:
|
PM-303.3.1 Lead based paint: Lead
based paint with a lead content of more than 0.5% shall not be applied
to any interior or exterior surface of a dwelling, dwelling unit or
child-care facility, including fences and outbuildings at these locations.
Existing interior and exterior painted surfaces of dwelling units
and child care facilities that contain an excess of 0.5% lead shall
be removed or covered with paneling or other suitable covering approved
by the code official.
|
(e)
Section PM-303.3.2, Bathroom and kitchen floors,
shall read as follows:
|
PM-303.3.2 Bathroom and kitchen floors: Every toilet, bathroom and kitchen floor surface shall be constructed
and maintained so as to be substantially impervious to water and so
as to permit such floor to be easily kept in a clean and sanitary
condition.
|
(f)
Section PM-303.4 shall be deleted.
(g)
Section PM-303.5, Sanitation, shall read as
follows:
|
PM-303.5 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 Section PM-108.0.
|
(h)
Section PM-303.5.1, Storage, shall read as follows:
|
PM-303.5.1 Storage: Garbage or
refuse shall not be allowed to accumulate or be stored in public halls
or stairways.
|
(i)
Section PM-303.6, Insect and rat harborage,
shall read as follows:
|
PM-303.6 Insect and rat harborage: All structures shall be kept free from insect and rat infestation,
and, where insect or rats are found, they shall be promptly exterminated
by acceptable processes which will not be injurious to human health.
After extermination, proper precautions shall be taken to prevent
reinfestation.
|
(j)
Section PM-303.7 shall be deleted.
(k)
Section PM-303.8, Stairs, porches and railings,
shall read as follows:
|
PM-303.8 Stairs, porches and railings: Stairs and other exit facilities shall be adequate for safety as
provided in the Building Code.
|
(l)
Section PM-303.8.1, Exit facilities, shall read
as follows:
|
PM-303.8.1 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.
|
(m)
Section PM-303.8.2, Handrails, shall read as
follows:
|
PM-303.8.2 Handrails: Every flight
of stairs which is more than three risers high shall have handrails
which shall be located as required by the Building Code, and every
open portion of a stair, porch, landing and balcony which is more
than 30 inches (76.20 centimeters) above the floor or grade below
shall have guardrails. Every handrail and guardrail shall be firmly
fastened and capable of bearing normally imposed loads and shall be
maintained in good condition.
|
D.
Article 4, Light, ventilation and space requirements,
shall be deleted.
E.
Article 5, Plumbing facilities and fixture requirements.
(1)
Section PM-500.0, General:
(a)
Section PM-500.1, Scope, shall read as follows:
|
PM-500.1 Scope: The provisions
of this Article shall govern the minimum plumbing facilities and fixtures
to be provided. All plumbing facilities and fixtures shall comply
with the requirements herein prescribed insofar as they are applicable.
|
(b)
Section PM-500.2, Responsibility, shall read
as follows:
|
PM-500.2 Responsibility: The owner
of the structure shall 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 does not comply with the following
requirements of this Article.
|
(2)
Section PM-501.0, Required facilities:
(a)
Section PM-501.1, Dwelling units, shall read
as follows:
|
PM-501.1 Dwelling units: Every
dwelling unit shall include its own plumbing facilities, which 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 Sections PM-501.1.1 through
PM-501.1.3 shall be supplied and maintained in a sanitary, safe working
condition.
|
(b)
Section PM-501.1.1, Toilet and lavatory, shall
read as follows:
|
PM-501.1.1 Toilet and lavatory: Every dwelling unit shall contain within its walls a room separate
from habitable rooms, which affords privacy and a toilet supplied
with cold running water. The lavatory may be placed in the same room
as the toilet, or if located in another room, the lavatory shall be
located in close proximity to the door leading directly to the room
in which said toilet is located. The lavatory shall be supplied with
hot and cold running water.
|
(c)
Section PM-501.1.2, Bathtub and shower, shall
read as follows:
|
PM-501.1.2 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)
Section PM-501.1.3, Kitchen sink, shall read
as follows:
|
PM-501.1.3 Kitchen sink: Every
dwelling unit shall contain a kitchen sink apart from the lavatory
required under Section PM-501.1.1 and be supplied with hot and cold
running water.
|
(e)
Section PM-501.2 and 501.3 shall be deleted.
(f)
Section PM-501.4, Other structures, shall read
as follows:
|
PM-501.4 Other structures: In residential
and nonresidential structures, the requirement for sanitary facilities
shall comply with the minimum requirements of the Plumbing Code for
such facilities for specified use and occupancy.
|
(3)
Section PM-502.0, Toilet rooms:
(a)
Section PM-502.1, Privacy, shall read as follows:
|
PM-502.1 Privacy: Toilet rooms
and bathrooms shall be designed and arranged to provide privacy.
|
(b)
Section PM-502.2 shall be deleted.
(c)
Section PM-502.3, Same story, shall read as
follows:
|
PM-502.3 Same story: Toilet rooms
and bathrooms serving hotel units, loading 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.
|
(d)
Section PM-502.4, Employee facilities, shall
read as follows:
|
PM-502.4 Employee facilities: Toilet
rooms for employees shall be readily accessible to such employees
and shall not open directly into any public kitchen or other public
space used for the cooking or preparation of food.
|
(e)
Section PM-502.5, Floors, shall read as follows:
|
PM-502.5 Floors: Bathrooms and
toilet rooms shall be provided with floors of moisture-resistant material.
|
(f)
Section PM-502.6, Partitions, shall read as
follows:
|
PM-502.6 Partitions: Every nonresidential
structure that requires or supplies a toilet shall provide within
the toilet room partitions, enclosures or compartments for privacy
and shall comply with fixture clearance requirements of the Plumbing
Code for such installations.
|
(4)
Section PM-503.0, Plumbing fixtures:
(a)
Section PM-503.1, General, shall read as follows:
|
PM-503.1 General: All plumbing
fixtures shall be maintained in a safe, sanitary and usable condition.
All plumbing fixtures shall be of approved nonabsorbent material.
|
(b)
Section PM-503.2, Connections, shall read as
follows:
|
PM-503.2 Connections: Water supply
lines, plumbing fixtures, vents and drains shall be property 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 Code or Plumbing
Code.
|
(c)
Section PM-503.3, Maintained clean and sanitary,
shall read as follows:
|
PM-503.3 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)
Section PM-503.4, Access for cleaning, shall
read as follows:
|
PM-503.4 Access for cleaning: Plumbing
fixtures shall be installed as to permit easy access for cleaning
both the fixture and the area about it.
|
(e)
Section PM-503.5, Water conservation, shall
read as follows:
|
PM-503.5 Water conservation: Plumbing
fixtures which are replaced shall be of water-saving construction
and use as may be required by local energy and plumbing codes.
|
(5)
Section PM-504.0, Water system:
(a)
Section PM-504.1, General, shall read as follows:
|
PM-504.1 General: Every sink, lavatory,
bathtub or shower, drinking fountain, toilet or other facility shall
be properly connected to either a public water system or to an approved
private water system. All sinks, lavatories, bathtubs and showers
shall be supplied with hot and cold running water.
|
(b)
Section PM-504.2, Contamination, shall read
as follows:
|
PM-504.2 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.
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(c)
Section PM-504.3, Supply, shall read as follows:
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PM-504.3 Supply: The water supply
systems 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.
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(d)
Section PM-504.4, Water-heating facilities,
shall read as follows:
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PM-504.4 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. (43.33° C.).
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(6)
Section PM-505.0, Sewerage system:
(a)
Section PM-505.1, General, shall read as follows:
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PM-505.1 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
an approved private sewage disposal system.
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(b)
Section PM-505.2, Maintenance, shall read as
follows:
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PM-505.2 Maintenance: Every plumbing
stack, waste and sewer line shall be so installed and maintained as
to function properly and shall be kept free 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 Code or Plumbing Code.
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(7)
Section PM-506.0, Storm drainage:
(a)
Section PM-506.1, General, shall read as follows:
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PM-506.1 General: An approved system
of stormwater 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.
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F.
Article 6, Mechanical and electrical requirements.
(1)
Section PM-600.0, General:
(a)
Section PM-600.1, Scope, shall read as follows:
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PM-600.1 Scope: The provisions
of this Article 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.
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(b)
Section PM-600.2, Responsibility, shall read
as follows:
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PM-600.2 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 Article.
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(2)
Section PM-601.0, Heating facilities:
(a)
Section PM-601.1, Residential buildings, shall
read as follows:
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PM-601.1 Residential buildings: Every dwelling unit and guest room shall be provided with heating
facilities capable of maintaining a room temperature of 65° F.
(18.33° C.) at a point three feet (0.91 meter) above the floor
and three feet (0.91 meter) from an exterior wall in all habitable
rooms, bathrooms and toilet rooms.
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(b)
Section PM-601.2, Other structures, shall read
as follows:
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PM-601.2 Other structures: In all
other structures where heating facilities are supplied or available
for use, they shall be capable of adequately and safely heating areas
of the structure to a reasonable temperature for work conditions.
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(c)
Section PM-601.3, Cooking and heating equipment,
shall read as follows:
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PM-601.3 Cooking and heating equipment: All cooking and heating equipment, components and accessories in
every heating, cooking and waterheating device shall be maintained
free from leaks and obstructions and kept functioning properly so
as to be free from fire, health and accident hazards. All installations
and repairs shall be made in accordance with the provisions of the
Building Code or other laws or ordinances applicable thereto. 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.
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(d)
Section PM-601.4, Installation, shall read as
follows:
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PM-601.4 Installation: All mechanical
equipment shall be properly installed and safely maintained in good
working condition and be capable of performing the function for which
it was designed and intended.
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(e)
Section PM-601.4.1, Flue, shall read as follows:
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PM-601.4.1 Flue: All fuel-burning
equipment shall be connected to an approved chimney, flue or vent,
except for approved ventless heaters.
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(f)
Section PM-601.4.2, Clearances, shall read as
follows:
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PM-601.4.2 Clearances: All required
clearances to combustible materials shall be maintained.
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(g)
Section PM-601.4.3, Safety controls, shall read
as follows:
|
PM-601.4.3 Safety controls: All
safety controls for fuel-burning equipment shall be maintained in
effective operation.
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(h)
Section PM-601.4.4, Combustion air, shall read
as follows:
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PM-601.4.4 Combustion air: A supply
of air for complete combustion of the fuel and for ventilation of
the space shall be provided for fuel-burning equipment.
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(i)
Section PM-601.5, Fireplaces, shall read as
follows:
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PM-601.5 Fireplaces: Fireplaces
and other construction and devices intended for use similar to a fireplace
shall be stable and structurally safe and connected to approved chimneys.
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(j)
Section PM-601.6, Climate control, shall read
as follows:
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PM-601.6 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.
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(3)
Section PM-602.0, Electrical facilities:
(a)
Section PM-602.1 shall be deleted.
(b)
Section PM-602.2, Installation, shall read as
follows:
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PM-602.2 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 of an approved type.
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(c)
Section PM-602.3, Defective system, shall read
as follows:
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PM-602.3 Defective system: Where
it is found, in the opinion of the code official, 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 reasons, the code official shall require the defects
to be corrected to eliminate the hazard.
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(4)
Section PM-603.0, Elevators, escalators and dumbwaiters:
(a)
Section PM-603.1, General, shall read as follows:
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PM-603.1 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.
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G.
Article 7, Firesafety requirements.
(1)
Section PM-700.0, General:
(a)
Section PM-700.1, Scope, shall read as follows:
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PM-700.1 Scope: The provisions
of this article shall govern the minimum firesafety facilities and
equipment to be provided. All structures shall be constructed and
maintained to prevent and avoid fire hazards and in a manner conducive
to fire safety. All firesafety facilities and equipment shall comply
with the requirements herein prescribed, insofar as they are applicable.
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(b)
Section PM-700.2, Responsibility, shall read
as follows:
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PM-700.2 Responsibility: The owner
of the structure shall provide and maintain such firesafety facilities
and equipment in compliance with these requirements and the Fire Prevention
Code. 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 Article.
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(2)
Section PM-701.0, Means of egress:
(a)
Section PM-701.1, General, shall read as follows:
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PM-701.1 General: A safe, continuous
and unobstructed means of egress shall be provided from the interior
of a structure to the exterior at a street or to a yard, court or
passageway leading to a public open area at grade.
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(b)
Section PM-701.2 shall be deleted.
(c)
Section PM-701.3, Locked doors, shall read as
follows:
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PM-701.3 Locked doors: All doors
in the required means of egress shall be readily openable from the
inner side without the necessary use of keys. Exits from dwelling
units, hotel units, lodging units and dormitory units shall not lead
through other such units or through toilet rooms or bathrooms.
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(d)
Section PM-701.4, Fire escapes, shall read as
follows:
|
PM-701.4 Fire escapes: All required
fire escapes shall be approved by the Fire Marshal and maintained
in working condition and shall be structurally sound.
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(e)
Section PM-701.5 shall be deleted.
(3)
Section PM-702.0, Accumulations and storage:
(a)
Section PM-702.1, Accumulations, shall read
as follows:
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PM-702.1 Accumulations: Waste,
refuse or other materials shall not be allowed to accumulate in stairways,
passageways, doors, windows, fire escapes or other means of egress.
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(b)
Section PM-702.2, Flammable matter, shall read
as follows:
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PM-702.2 Flammable matter: Highly
flammable or explosive matter, such as paints, volatile oils and cleaning
fluids, or combustible refuse, such as wastepaper, boxes and rags,
shall not be accumulated or stored on residential premises except
in reasonable quantities consistent with normal usage.
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(c)
Section PM-702.3, Residential unit, shall read
as follows:
|
PM-702.3 Residential unit: A dwelling
unit or rooming unit shall not be located within a structure containing
an establishment handling, dispensing or storing flammable liquids
with a flash point of 110° F. (43.33° C.) or lower, except
as provided for in the Building Code.
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(d)
Section PM-702.4, Nonresidential structures,
shall read as follows:
|
PM-702.4 Nonresidential structures: Nonresidential structures shall be permitted to store combustible
or flammable materials, provided that they are confined to approved
storage areas and comply with applicable requirements of the Building
and Fire Codes for the appropriate use group classification.
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(4)
Section PM-703.0, Fire resistance ratings:
(a)
Section 703.1, General, shall read as follows:
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PM-703.1 General: Floors, walls,
ceilings and other elements and components required to develop a fire
resistance rating shall be maintained so that the respective fire
resistance rating of the enclosure, separation or construction is
preserved.
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(5)
Section PM-704.0, Fire protection systems:
(a)
Section PM-704.1, General, shall read as follows:
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PM-704.1 General: All fire protection
systems and equipment shall be approved by the Fire Marshal and maintained
in proper operating condition at all times.
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(b)
PM-704.2, Fire alarms, shall read as follows:
|
PM-704.2 Fire alarms: Fire alarms
and detecting systems shall be maintained and be suitable for their
respective purposes.
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(c)
Section PM-704.3, Fire suppression system, shall
read as follows:
|
PM-704.3 Fire suppression system: Fire suppression systems shall be maintained in good condition,
free from mechanical injury. Sprinkler heads shall be maintained clean,
free of corrosion and paint and shall not be bent or damaged.
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(d)
Section PM-704.4, Standpipe systems, shall read
as follows:
|
PM-704.4 Standpipe systems: Hose
stations shall be identified and accessible. The hose shall be in
proper position, ready for operation, dry and free of deterioration.
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(e)
Section PM-704.5, Fire extinguishers, shall
read as follows:
|
PM-704.5 Fire extinguishers: All
portable fire extinguishers shall be visible and accessible and maintained
in an efficient and safe operating condition.
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H.
Article 8, Responsibilities of persons.
(1)
Section PM-800.0, General:
(a)
Section PM-800.1, Scope, shall read as follows:
|
PM-800.1 Scope: The provisions
of this Article shall govern the responsibilities of persons for the
maintenance of structures and the equipment and premises thereof.
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(2)
Section PM-801.0, Sanitary condition:
(a)
Section PM-801.1, Cleanliness, shall read as
follows:
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PM-801.1 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.
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(b)
Sections PM-801.2, PM-801.3, PM-801.4 and PM-801.5
shall be deleted.
(c)
Section PM-801.6, Food preparation, shall read
as follows:
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PM-801.6 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.
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(d)
Section PM-801.7, Supplied fixtures and equipment,
shall read as follows:
|
PM-801.7 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.
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(e)
Section PM-801.8, Furnished by occupant, shall
read as follows:
|
PM-801.8 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.
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(f)
Section PM-801.9, Caretaker, shall read as follows:
|
PM-801.9 Caretaker: In every multiple
dwelling in which the owner does not reside there shall be a responsible
person, designated by the owner, residing on the premises, whose duties
include maintaining the commonly used parts of the premises.
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(3)
Section PM-802.0, Extermination:
(a)
Section PM-802.1, Owner, shall read as follows:
|
PM-802.1 Owner: The owner of any
structure shall be responsible for extermination within the structure
prior to renting, leasing or selling the structure.
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(b)
Section PM-802.2, Tenant-occupant, shall read
as follows:
|
PM-802.2 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.
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(c)
PM-802.3, Single occupancy, shall read as follows:
|
PM-802.3 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.
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(d)
Section PM-802.4, Multiple occupancy, shall
read as follows:
|
PM-802.4 Multiple occupancy: Every
owner, agent or operator of two or more dwelling units or multiple
occupancies or nonresidential structures and rooming houses 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.
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(e)
Section PM-802.5, Continued rat infestation,
shall read as follows:
|
PM-802.5 Continued rat infestation: Continuing or repeated incidents of rat infestation determined from
the official records, as provided in Section PM-103.3 of this code,
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.
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