[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.]
[1]
Editor's Note: this chapter also repealed
former Ord. No. 2003-04, adopted 12-8-2003.
Unless otherwise expressly provided, the following
words shall, for the purposes of this chapter, have the following
meanings:
The officer or other designated authority charged with the
administration and enforcement of the Township codes and this chapter,
or a duly authorized representative.
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.
An individual, corporation, partnership or other entity having
a legal ownership interest in a residential 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.
An individual or entity who occupies a rental property.
The Township of Uwchlan.
The Uwchlan Township Building, Plumbing, Electrical and Fire
Codes, as amended from time to time.[1]
This chapter shall apply to all rental properties
within the Township.
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.
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.
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.
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.
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.
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.
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.
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.
