Township of Uwchlan, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Uwchlan 4-12-2004 by Ord. No. 2004-05.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Construction codes — See Ch. 106.
Zoning — See Ch. 265.
[1]
Editor's Note: this chapter also repealed former Ord. No. 2003-04, adopted 12-8-2003.

§ 191-1 Definitions.

Unless otherwise expressly provided, the following words shall, for the purposes of this chapter, have the following meanings:
CODE OFFICIAL
The officer or other designated authority charged with the administration and enforcement of the Township codes and this chapter, or a duly authorized representative.
DWELLING UNIT
A building or portion thereof providing one or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit and having no cooking or sanitary facilities in common with any other dwelling unit.
OWNER
An individual, corporation, partnership or other entity having a legal ownership interest in a residential property.
RENTAL PROPERTY
Any occupied residential property or dwelling unit that is non-owner-occupied; a residential property or dwelling unit where individuals other than the owner reside on the property.
TENANT
An individual or entity who occupies a rental property.
TOWNSHIP
The Township of Uwchlan.
TOWNSHIP CODES
The Uwchlan Township Building, Plumbing, Electrical and Fire Codes, as amended from time to time.[1]
[1]
Editor's Note: See Ch. 106, Construction Codes, Uniform.

§ 191-2 Applicability.

This chapter shall apply to all rental properties within the Township.

§ 191-3 Certificates required.

A. 
Initial and five-year inspection.
(1) 
Within one year of the effective date of this chapter, all dwelling units in every rental property shall be inspected and shall require a certificate of compliance in accordance with the requirements of this chapter.
(2) 
After the initial inspection, every dwelling unit in every rental property shall be inspected every five years and shall require a certificate of compliance in accordance with the requirements of this chapter.
(3) 
Notwithstanding § 191-1A and B above, dwelling units in rental properties that have been newly constructed and issued an initial use and occupancy permit within two years prior to the effective date of this chapter and new dwelling units constructed after the effective date of this chapter shall be inspected and shall require a certificate of compliance in accordance with the requirements of this chapter within five years of the initial occupancy date.
B. 
New tenant. After the effective date of this chapter, a dwelling unit in a rental property shall not be occupied by a new tenant until an inspection has been performed and a certificate of reoccupancy has been issued by the Code Official in accordance with the requirements of this chapter.
C. 
Common area. Within one year of the effective date of this chapter and on a yearly basis thereafter, all common areas of rental properties shall be subject to inspection and shall require a certificate of compliance in accordance with the requirements of this chapter.

§ 191-4 Permit application procedure. [1]

A. 
All dwelling units in rental properties shall be inspected and a certificate of compliance will be issued, valid for five years. The fee for this inspection shall be as set from time to time by resolution of the Board of Supervisors for each dwelling unit in a rental property to be paid prior to the inspection. All such inspections shall be arranged by the Code Official. The Code Official shall mail the owner written notice of the date and time of the inspection at least 10 days prior to said date and time.
B. 
An application for a certificate of reoccupancy shall be filed with the Code Official by the owner 10 days prior to reoccupancy of a dwelling unit in a rental property. The application shall contain such information as the Township may require on a Township form. A fee in the amount as set from time to time by resolution of the Board of Supervisors for each dwelling unit in a rental property to be inspected shall accompany the application.
C. 
All common areas of rental properties shall be inspected on a yearly basis and a certificate of compliance will be issued, valid for 12 months. The fee for this inspection shall be as set from time to time by resolution of the Board of Supervisors per building to be paid prior to the inspection. All such inspections shall be arranged by the Code Official. The Code Official shall mail the owner written notice of the date and time of the inspection at least 10 days prior to said date and time.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 191-5 Inspection requirements.

Unless an exception is permitted by the Code Official pursuant to § 191-8 of this chapter, the following requirements shall be met prior to the issuance of a certificate of reoccupancy or a certificate of compliance. The Code Official shall conduct an inspection to determine compliance with the following requirements:
A. 
Street numbers. Each house, building or structure shall have the assigned address number displayed in a position easily observable and readable from the public or private street or right-of-way. All numbers shall be in Arabic figures at least three inches high and reflective.
B. 
Sidewalks. Sidewalks shall be in good repair and in a safe condition. Sidewalks with a horizontal crack or a difference in elevation of more than 1/2 inch vertical or one inch horizontal shall be deemed not in a safe condition and shall be replaced.
C. 
Exterior walls, roofs, doors and windows. Every exterior wall, roof, door and window shall be free of holes or breaks. The roof shall be weathertight.
D. 
Handrails. Every flight of stairs which is more than three risers high shall have a handrail and guard, and every open portion of a stair, landing or balcony which is more than 30 inches above floor or grade shall have guardrail installed in accordance with the Building Code. All decks more than 30 inches above finished grade shall have a guardrail installed in accordance with the Building Code.
E. 
Electrical service and receptacles. Every habitable room in a dwelling unit shall contain at least two separate and remote receptacle outlets. Every bathroom shall contain at least one G.F.C.I. receptacle.
F. 
Smoke detectors. Every residential dwelling unit shall have a minimum of one one-hundred-and-ten-volt AC-powered, with battery backup, smoke detector near the sleeping area.
G. 
Plumbing. Floor drains shall not be permitted. Sump pumps are not permitted to be connected to the sanitary sewer. All illegal connections shall be removed and discharged to an approved location. All plumbing fixtures shall be clean, operating properly and in a sanitary condition. All traps and fixtures shall be operational at all times.
H. 
Exit signs and emergency lighting must be present and operational as required.
I. 
Any other item that violates the Township codes and is a condition that endangers the health or safety of the tenant or the general public.

§ 191-6 Issuance of certificate.

After inspection of the residential property, a certificate of reoccupancy or certificate of compliance shall be issued if the property complies with the minimum requirements set forth in § 191-5 above.

§ 191-7 Reinspections. [1]

If the Code Official determines after the initial inspection that a property does not meet the minimum requirements set forth in § 191-5 above, upon correction of all violations, the owner shall notify the Code Official in writing that the violations are corrected. A reinspection shall be performed by the Code Official. A certificate of reoccupancy or certificate of compliance shall be issued by the Code Official if the property is in compliance. The fee for reinspection shall be as set from time to time by resolution of the Board of Supervisors.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 191-8 Exceptions.

Where the Code Official determines, due to unique circumstances or weather conditions, that exterior violations such as sidewalks and roofs cannot be replaced or repaired to comply with the minimum requirements set forth in § 191-5 before occupancy, the owner shall submit a time schedule for repairs, to be approved by the Code Official. As a condition to issuing the certificate of reoccupancy, sufficient funds shall be escrowed with the Township in order to ensure completion of the required work.

§ 191-9 Waivers.

The Code Official may waive compliance with the five-year requirement of § 191-3A of this chapter if the subject dwelling unit has been inspected and a certificate of reoccupancy has been issued within the five-year period. The Code Official may waive compliance with § 191-3B of this chapter if the dwelling unit being reoccupied has been inspected and a certificate of reoccupancy has been issued within the twelve-month period immediately preceding the proposed reoccupancy date.

§ 191-10 Violations and penalties. [1]

Any person violating the terms of this chapter shall be guilty of a summary offense and, upon conviction thereof by a Magisterial District Judge, be sentenced to pay a fine of not more than $1,000 plus costs, including reasonable attorneys' fees. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day that a violation continues shall be deemed a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).