City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 15-1994. Amendments noted where applicable.]
CROSS-REFERENCES
Fire Prevention Code: see Chs. 3-901, 3-903 and 3-905.
Local Agency Law: see Subchapter B of Chapters 5 and 7, Act of April 28, 1978, as amended, 2 Pa.C.S.A. §§ 105, 551 to 555 and 751 to 754.

§ 8-107.1 Intent and purpose.

It is the intent and purpose of this chapter to adopt a modern property maintenance code which will prescribe effective standards and minimum requirements for the safeguarding of persons and buildings located in the City and protect the public health and safety of citizens against the hazards of inadequate, defective or unsafe existing structures.

§ 8-107.2 Adoption of standards.

[Amended 11-13-2001 by Ord. No. 20-2001]
In accordance with Section 608 of the Optional Third Class City Charter Law, Act of July 15, 1957, P.L. 901, as amended, 53 P.S. § 41608, and Section 4130 of the Third Class City Code, Act of June 23, 1931, as amended, 53 P.S. § 39130(b), there is hereby adopted by the City, for the purpose of prescribing specifications and regulations to ensure the continued structural safety of buildings and housing existing within the City, that certain property maintenance code known as the "International Property Maintenance Code, 2000 Edition," as supplemented and published by the International Code Council, except such provisions which are in conflict with state law on the subject or regulations issued by a state agency by virtue of state law. Ten copies of the adopted Property Maintenance Code are presently on file in the office of the City Clerk, and such code is hereby incorporated as if fully set forth at length herein. The provisions of the adopted Property Maintenance Code shall be controlling within the limits of the City, except as amended by the provisions of this chapter.

§ 8-107.3 Amendments.

[Added 11-13-2001 by Ord. No. 20-2001;[1] amended 3-26-2002 by Ord. No. 4-2002; 3-25-2003 by Ord. No. 8-2003; 12-23-2003 by Ord. No. 37-2003; 11-27-2007 by Ord. No. 22-2007]
The following sections of the International Property Maintenance Code, 2000 Edition, as adopted and amended by Ordinance No. 20 of 2001, are added, amended or deleted as indicated:
A. 
Chapter 1, Administration.
(1) 
Section 101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as the "Property Maintenance Code of the City of Harrisburg," hereinafter referred to in this chapter as "this code."
(2) 
Section 103, Bureau of Codes Enforcement.
(a) 
Sections 103.1 and 103.2 are amended to read as follows:
103.1 General. The City of Harrisburg Department of Building and Housing Development, Bureau of Codes Enforcement (referred to in this code as "Department of Property Maintenance Inspection"), or any other department, bureau or division of the City designated by the Mayor, shall administer and enforce this code or any part thereof, and the executive official in charge thereof shall be known as the "Codes Administrator" (referred to in this code as "code official").
103.2 Appointment. The Codes Administrator shall be appointed by the Mayor.
(b) 
Section 103.6 is amended to read as follows:
103.6 Fees. The fee schedule for activities and services performed by the Bureau of Codes Enforcement in carrying out its responsibilities under this code shall be established by the applicable governing authority and made available to the public through the City Clerk's office.
(3) 
Section 104, Duties and Powers of the Codes Administrator.
(a) 
Section 104.4 is amended to read as follows:
104.4 Right of entry. The Codes Administrator or designee is authorized to enter a structure or premises at reasonable times to inspect. Prior to entering into a space not otherwise open to the general public, the Codes Administrator shall make a reasonable effort to locate the owner or other person having charge or control of the structure or premises, present proper identification and request entry. If any owner, occupant or other person in charge of premises 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 Codes Administrator or designee may seek to have issued to him or her a search warrant by a competent issuing authority for the purpose of compelling such owner, occupant or other person to permit the inspection of the premises involved for the purposes authorized by this code.
(4) 
Section 107, Notices and Orders.
(a) 
Section 107.3 is amended to read as follows:
107.3 Method of service.
(a)
Personal service, certified or registered mail. Such notice shall be deemed to be properly served upon such owner if:
i.
A copy thereof is delivered to the owner personally; or
ii.
A copy of the notice is left at the owner's usual place of abode in the presence of someone in the family of suitable age and discretion, who shall be informed of the contents thereof; or
iii.
A copy of the notice is sent by certified or registered mail, return receipt requested, addressed to the owner at his or her last known address.
(b)
Posting and mailing. If service is not made under Subsection (a) above, or if the certified or registered letter is returned with receipt showing that it has not been delivered, service of any document hereunder shall be deemed to be properly served if:
i.
A copy thereof is posted in a conspicuous place in or about the structure or property affected by such notice; and
ii.
A copy thereof is mailed to or left for the owner, the owner's attorney or the owner's appointed or authorized agent at the agent's last known address. Mailing hereunder is deemed to have occurred if said notice is mailed, via the United States Postal Service, postage prepaid, to the then last known address, and said mail is not returned within 15 days from the date of mailing.
(5) 
Section 108, Unsafe Structures and Equipment.
(a) 
Section 108.1 is amended to read as follows:
108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found open to unauthorized entry, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.
(b) 
Section 108.2 is amended to read as follows:
108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy and is not in danger of collapse, the Codes Administrator, or designee, is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close the premises within the time specified in the order, the Codes Administrator, or designee, shall cause the premises to be closed through any available public agency or by contract or arrangement with private persons or entity. Any expense incurred in so doing, together with a penalty of 10% of such expense, shall be entered as a municipal claim against the real estate upon which the structure is located in accordance with the provisions of law governing the entry of a municipal claim or may be collected from the property owner in an action in assumpsit.
No exterior window, skylight or door frame of any structure facing toward or visible from a public right-of-way shall be covered with plywood, metals or other nonapproved material for a period longer than 60 days. After 60 days, all temporary cover over exterior windows, skylights and doors that face toward or are visible from a public right-of-way shall be removed, and such exterior windows, skylights and doors shall be restored and secured from unauthorized entry.
Restoration of exterior windows, skylights and doors must include proper fitting window and door frames, hardware, locks and glazing, which must be maintained in proper working condition. Alternatives for windowpane installations such as plexiglass or other clear impact-resistant materials must be approved by the Codes Administrator or designee. Restoration of exterior windows must also include the covering of the windows from the inside with openable window treatments, such as blinds or curtains. All exposed exterior metal or wood surfaces shall be protected from the elements and against decay or rust.
(6) 
Section 110, Demolition.
(a) 
Section 110.3 is amended to read as follows:
110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official may cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(b) 
Section 110.5 is added to read as follows:
110.5 Demolition needed for renovation of a structure.
110.5.1 Application for building/demolition permit. An application for a building/demolition permit must be submitted to the Bureau of Codes Enforcement of the City of Harrisburg. Demolition permits and demolition work may only be secured and conducted by a City-licensed and bonded contractor which is competent in the field of demolition.
110.5.2 Approval of Codes Administrator. All work shall meet with the Codes Administrator's or designee's approval before authorization to proceed is granted. All demolition work shall follow all guidelines set forth hereunder, as amended, for the purposes of demolition pursuant to the act of renovation or restoration of a structure.
110.5.3 General.
(a)
Where applicable, federal and commonwealth laws, rules and regulations governing any and all phases of the demolition work shall be observed at all times. This includes, but is not limited to, work safety rules, asbestos abatement, lead abatement or abatement of any environmental hazard.
(b)
No structure or part thereof, or any floor of temporary support, or scaffold, sidewalk shed or bridge, or any device or equipment shall be loaded in excess of the safe carrying capacity, which shall never be considered more than 1/3 of its ultimate structural strength.
(c)
Where applicable, walkways and passageways shall be provided for the use of the workers, who shall be instructed to use them, and all such walkways and passageways shall be kept adequately lighted and free from debris and other materials.
(d)
Where applicable, protruding nails in any kind of lumber shall be withdrawn, hammered in or bent over as soon as such lumber is removed from the structure being demolished, and all nail-bearing lumber shall be placed in piles for future removal.
(e)
On every demolition job, danger signs shall be conspicuously posted around the property, and all doorways and thoroughfares giving access to the property shall be kept barricaded, except during the actual passage of workers or equipment.
(f)
Where applicable, during the hours of darkness, red lights or flares shall be placed on or about all barricaded public ways.
(g)
It shall be the responsibility of the person/persons issued the building permit to take the measures necessary to ensure the public safety around the site where the work is being done until all work is completed.
(h)
It shall be the responsibility of the person/persons issued the building permit to repair any damage that may occur to adjacent public or private property as a result of demolition or construction activity.
110.5.4 Site preparation.
(a)
Written notice of the proposed work shall be provided to the adjacent property owners and their tenants one week prior to the beginning of the work.
(b)
Any structural damage that would cause those working in or around the site undo risk shall be shored or braced in accordance with accepted engineering practice before work at the site may begin.
(c)
All affected utilities (gas, electric, telephone, water, sewer and cable) shall be either disconnected or properly protected prior to beginning the act of demolition so as not to cause harm to workers, the public or property.
(d)
All floor openings and shafts not used for material chutes shall be floored over or enclosed with guardrails and toe boards.
110.5.5 Removal of materials.
(a)
No materials shall be dropped by gravity to any point lying outside the exterior walls of the building, except through enclosed wooden or metal chutes.
(b)
Proper precautions shall be taken to prevent workers from falling into the loading end of the chute.
(c)
Proper precautions shall be taken to prevent anyone from being hit by flying debris on the discharge end of the chute.
(d)
Debris shall be removed from the job site to an approved disposal site in a timely manner.
(c) 
Section 110.6 is added to read as follows:
110.6 Demolition of structures three stories above ground or less.
110.6.1 Application for building/demolition permit. An application for a building/demolition permit must be submitted to the Bureau of Codes Enforcement of the City of Harrisburg.
110.6.2 Approval of Codes Administrator. All work shall meet with the Codes Administrator's or designee's approval before authorization to proceed is granted. All demolition work shall follow all guidelines set forth hereunder, as amended, for the purposes of demolition of structures three stories above grade or less.
110.6.3 General.
(a)
Where applicable, federal and commonwealth laws, rules and regulations governing any and all phases of the demolition work shall be observed at all times. This includes, but is not limited to, work safety rules, asbestos abatement, lead abatement, or abatement of any environmental hazard.
(b)
On every demolition job, danger signs shall be conspicuously posted around the property, and all doorways and thoroughfares giving access to the property shall be kept barricaded, except during the actual passage of workers or equipment.
(c)
Where applicable, during the hours of darkness, red lights or flares shall be placed on or about all barricaded public ways.
(d)
It shall be the responsibility of the person/persons issued the building permit to take the measures necessary to ensure the public safety around the site where the work is being done until all work is completed.
(e)
It shall be the responsibility of the person/persons issued the building permit to repair any damage that may occur to adjacent public or private property as a result of demolition or construction activity.
110.6.4 Site preparation.
(a)
Written notice of the proposed work shall be provided to the adjacent property owners and their tenants one week prior to the beginning of the work.
(b)
Any structural damage that would cause those working in or around the site undo risk shall be shored or braced in accordance with accepted engineering practice before work at the site may begin.
(c)
All affected utilities (gas, electric, telephone, water, sewer and cable) shall be either disconnected or properly protected prior to beginning the act of demolition so as not to cause harm to workers, the public or property.
(d)
Where applicable, glazed sash and glazed doors and other glass shall be removed before other demolition work is started.
(e)
All excess materials and rubbish shall be removed and disposed of properly.
(f)
All areas of the structure, including the basement, shall be cleaned out, removing all trash, debris, equipment and all other materials not suitable for backfilling. Basement floors shall be broken up and removed.
(g)
All trees and stumps shall be removed from the site at the direction of the City. Stumps and root systems shall be removed or chipped to a minimum of six inches below finished grade. Trees marked by the City for preservation shall be protected against damage at all times during the demolition.
(h)
Any wells, cisterns or cesspools shall be disinfected and pumped out and filled to adjacent grade level in the manner hereinafter prescribed for backfilling.
110.6.5 Party walls.
(a)
The term "party wall" means a wall built on the dividing line between adjoining buildings for their common use.
(b)
Whenever a building or other structure on one side of a party wall is removed, such party wall shall be maintained in a safe, weatherproof condition by and at the expense of the person causing the building or structure to be removed. Temporary or permanent bracing shall be provided as necessary for maintaining the stability of such party wall or adjoining building whenever such stability is endangered by the removal of a building or other structure or part thereof.
(c)
The newly exposed face of the party wall is to be made as plumb and even as possible. In the case of a brick or masonry wall, open beam holes and other voids shall be closed with approved masonry. The courses shall be cut flush and the wall cement pargeted with approved materials. Frame or wood stud party walls shall be covered in the following manner: the wall shall be cut as close to the wood framing members as possible to create a flush, perpendicular face. The lathe and plaster exposed on the side of the party wall being demolished may remain in place if soundly anchored. Plywood sheeting of not less than three-eighths-inch thickness will be affixed to such wall as in standard building practice. The exposed party wall will then be faced with approved facing material.
(d)
The existing structure and architecture of the surrounding area will determine the type of exterior facing or siding material. The material to be utilized may be determined by the Codes Administrator or designee. Where possible, proper exterior wall insulation must be installed as part of the party wall assembly.
(e)
Where a chimney exists in a party wall between the building to be removed and the building to remain, the person causing the demolition work shall make certain the chimney is made sound and weathertight. The chimney is to be cement pargeted and made to present an attractive appearance.
(f)
Special attention shall be given to the damp-proofing of party foundation walls. Such walls are to be damp-proofed in the manner prescribed for new construction. Foundation portions of party walls that are above grade are to be capped with concrete in such a manner that a drainage slope cape is provided.
(g)
Special care will be given to the grading of the newly created lot. It shall be made certain that the grade is sloped in such a manner that surface water will drain away from the newly exposed foundation party wall.
(h)
Where no foundation wall exists between the structure to be removed and the structure to remain, it shall be the responsibility of the person causing the demolition to build a suitable concrete block foundation wall. Such wall is to be damp-proofed as in new construction. The wall is to be erected in such a manner that the floor beam will rest securely upon the wall.
(i)
The person causing the demolition work shall make certain the roof covering and roof drainage system along the party wall is repaired or replaced as in new construction. This shall include flashing, drip-edge plates, gutters and rainwater conductors as required.
(j)
Where it is determined in the judgment of the code official that the property abutting the property to be demolished is not of sufficient structural integrity to withstand the erection of a party wall in accordance with this § 110.6.5, the requirements of this § 110.6.5 regarding the erection of a party wall will be waived until such time as the owner of said abutting property can make the property structurally sound.
110.6.6 Demolition. All full structure demolition shall be from the roof down to the basement. No materials shall be allowed to accumulate within the basement area during demolition. All walls, with the exception of party walls, shall be demolished, including foundation walls not supporting party walls that are to remain. When deemed necessary by the Codes Administrator or designee, the demolition contractor shall be required to water soak the building being removed in order to control dust and dirt.
110.6.7 Removal of debris. All debris shall be removed from the job site to an approved disposal site.
110.6.8 Backfilling.
(a)
Existing sewer lines shall be capped and inspected prior to backfilling the area.
(b)
No unstable, combustible, metal, biodegradable plaster or mortar material will be permitted to be used as fill.
(c)
From three feet below grade to grade level, the materials used as fill must be nonbiodegradable and be no larger than six inches by six inches by six inches in size.
(d)
Final grading and surfacing shall be done in such a manner so as to take into consideration natural settlement of the materials utilized.
(e)
Final grading shall be accomplished so as to prevent surface water runoff in any amount.
(d) 
Section 110.7 is added to read as follows:
110.7 Demolition of structures four stories above grade or more.
110.7.1 Application for building/demolition permit. See § 110.6.1 of this code.
110.7.2 Approval of Codes Administrator. See § 110.6.2 of this code.
110.7.3 General. See § 110.6.3 of this code.
110.7.4 Site preparation.
(a)
Written notice of the proposed work shall be provided to the adjacent property owner(s) and any tenants one week prior to the beginning of the work.
(b)
Any structural damage that would cause those working in or around the site undo risk shall be shored or braced in accordance with accepted engineering practice before work at the site may begin.
(c)
All affected utilities (gas, electric, telephone, water, sewer and cable) shall be disconnected and verified by supervisor on site prior to the start of demolition.
(d)
Where applicable, glazed sash and glazed doors and other glass shall be removed before other demolition work is started.
(e)
All excess materials and rubbish shall be removed and disposed of properly.
(f)
When deemed necessary by the Codes Administrator or designee, the person/persons effecting the demolition may be required to build side sheds and/or fences to protect the public from harm during demolition.
110.7.5 Party walls. See § 110.6.5 of this code.
110.7.6 Demolition.
(a)
All full structure demolition shall be from the roof to the foundation.
(b)
The structural or load-supporting members on any floor shall not be cut or removed until all stories above the floor have been demolished and removed.
(c)
In buildings of skeleton construction, the steel framing may be left in place during the demolition of masonry work. Where this is done, all steel beams, girders and the like shall be cleared of all loose materials as the masonry work progresses downward.
(d)
At the completion of each day's work, all remaining walls shall be left stable and in no danger of collapse.
(e)
Foundation walls which serve as retaining walls to support adjoining structures shall not be demolished until such adjoining structures have been underpinned or braced and earth removed or supported by sheet piling or sheathing.
(f)
In demolition of brick or masonry chimneys that cannot safely be toppled or dropped, all materials shall be dropped down on the inside of such chimney.
(g)
Construction sheds and toolboxes shall be so located as to protect workers from the danger of falling walls and other falling objects.
(h)
When deemed necessary by the Codes Administrator or designee, the demolition contractor shall be required to water soak the structure being removed in order to control dust and dirt.
110.7.7 Alternate methods. The provisions of this chapter are not intended to prevent the use of alternate methods of demolition not specifically prescribed, provided that any such alternate method has been approved. An alternate method shall be approved when the Codes Administrator or designee finds such method is satisfactory and complies with the intent of this code insofar as adequate protection to the public, adjoining structures, municipal and public utility systems and environment is concerned.
110.7.8 Removal of debris. See § 110.6.7 of this code.
110.7.9 Backfilling. See § 110.6.8 of this code.
(7) 
Section 111, Means of Appeal. This section is hereby deleted in its entirety. See § 8-107.5 of this code.
(8) 
Section 111, Disorderly Properties, is added to read as follows:
SECTION 111
DISORDERLY PROPERTIES
111.1 General. When the Codes Administrator is notified by the Chief of Police that a structure constitutes a disorderly property, such structure shall be condemned as unfit for human occupancy pursuant to the provisions of this code.
111.1.1 Disorderly property. A "disorderly property" is any house, room, premises or nonresidential property to which either three felony responses, five misdemeanor responses or 10 summary responses have been made within any one-year period from the date of the first response by law enforcement officers, ambulance or other emergency services. For the purposes of this section, "felony responses" shall mean any response for an act which would constitute a felony offense under any state, federal or local law, as defined by that law. For the purposes of this section, "misdemeanor responses" shall mean any response for an act which would constitute a misdemeanor offense under any state, federal or local law, as defined by that law. For the purposes of this section, "summary responses" shall mean any response for an act which would constitute a summary offense under any state, federal or local law, as defined by that law. "Summary responses" shall also include any criminal medical responses not otherwise covered by any of the above definitions. For the purposes of this section, the determination of a felony, misdemeanor or summary response shall be made at the time of the call and shall be classified as it would appear to a reasonable law enforcement officer or other skilled emergency worker, based on the preponderance of the evidence available to the officer or worker at the time the call was made. The existence of a disorderly property shall constitute a per se public nuisance.
111.2 Notice. Upon certification by the Codes Administrator, through the Chief of Police, that a structure constitutes a public nuisance under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner and/or tenant(s) of the structure in accordance with § 107.3 of this code. The notice shall be in the form prescribed by § 107.2 and shall inform the property owner and/or tenant that the property will be placarded if the nuisance is not abated. A public nuisance shall be considered unabated if any federal, state or local law enforcement officers, ambulance or other emergency service responds to one legitimate complaint for disorderly behavior or other illegal activity occurring at the property within 60 days of the notice.
111.2.1 Appeal. The owner of the property or any person aggrieved by a notice issued by the Codes Administrator may appeal such notice, within 20 days of the receipt thereof, to the Building and Housing Code Board of Appeals. Any person aggrieved by any decision issued by the Building and Housing Code Board of Appeals may take a further appeal to Harrisburg City Council. The Building and Housing Code Board of Appeals and/or Harrisburg City Council, as appropriate, shall hear the parties, their witnesses and counsel and shall make a finding thereof. The Building and Housing Code Board of Appeals or Harrisburg City Council may, but is not required to, view the property, premises, building, business or occupation before issuing its finding and may use said viewing in its decision.
111.3 Placarding and revocation of permits. In the event of affirmance by Council, the Building and Housing Code Board of Appeals or lack of appeal, failure of the owner or person responsible to abate the nuisance within the time given will result in the vacation and/or revocation of any certificate of compliance issued pursuant to § 8-511.4 of the Codified Ordinances or, if applicable, the revocation of the business or mercantile license of the owner(s), as well as the posting on the property of a placard bearing the words "UNFIT FOR HUMAN OCCUPANCY." Any tenants and/or occupants therein must be removed within 20 days of the date of the posting.
111.3.1 Removal of placard. Following a period of six months after the revocation of permits and the placarding of a public nuisance property, the property owner may file an application with the Building and Housing Code Board of Appeals for the reissuance of all applicable permits and the removal of any placard, which application shall not be unreasonably denied.
111.4 Prohibited occupancy. Any person who shall occupy a placarded premises and any owner or person responsible for the premises who shall allow anyone to occupy a placarded premises shall be subject to the criminal penalties enumerated in § 8-107.99 of this code, as well as any other civil and equitable remedies available to the City by law.
B. 
Chapter 2, Definitions.
(1) 
Section 202, General Definitions, is amended as follows:
(a) 
The definitions of the following terms appearing in this code are hereby deleted in their entirety and replaced with the definitions set forth in Chapter 1-302 of the Codified Ordinances: "dwelling unit" and "rooming house."
(b) 
The definitions of the following terms, as set forth in Chapter 1-302 of the Codified Ordinances, are hereby added to this code: "boardinghouse," "central heating," "dormitory," "dwelling," "family," "group dwellings," "hotel," "maintenance," "motel," "multiple dwellings" and "renovation."
(c) 
The definition of the following term, as set forth in the International Property Maintenance Code, 2006 Edition, is hereby added to this code:
INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the public streets for reasons including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
C. 
Chapter 3, General Requirements.
(1) 
Section 302, Exterior Property Areas.
(a) 
Section 302.8 is amended to read as follows:
302.8 Motor vehicles. Except as provided for in other regulations, no inoperative, unlicensed, unregistered or uninspected motor vehicle shall be parked, kept or stored on any premises; and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled; and no vehicle may be parked on areas of a premises unapproved for parking. Painting of vehicles is prohibited, unless conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
(b) 
Sections 302.10 and 302.11 are added to read as follows:
302.10 Stairs and porches. Every stair, porch, fire escape, balcony and all appurtenances attached thereto shall be safe to use and capable of supporting anticipated loads and shall be maintained in sound condition and good repair. Every stair, porch and fire escape shall be maintained free of hazardous accumulations such as snow, ice, mud, and other debris.
302.11 Shade trees.
The Codes Administrator, or designee, shall order removal of any shade tree located between the curb and the sidewalk for any of the following reasons:
(a)
Roots are getting into water or sewer lines or causing structural damage; or
(b)
The tree is infected or diseased; or
(c)
The tree is dead; or
(d)
Primary roots are lifting sidewalks/pavement up more than six inches; or
(e)
Other circumstances based on approval by the Codes Administrator or an appointed designee.
(2) 
Section 303, Exterior Structure.
(a) 
Section 303.1 is amended to read as follows:
303.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary, and no areas may be open to unauthorized entry so as not to pose a threat to the public health, safety and welfare.
(b) 
Section 303.13.2 is amended to read as follows:
303.13.2 Openable windows. Every openable window (i.e., one which is not fixed) shall be capable of being easily opened and held in position by window hardware. A sufficient number of windows shall be openable to meet the ventilation requirement in § 403.1. All other windows may be permanently fastened shut.
(c) 
Section 303.14 is amended to read as follows:
303.14 Insect screens. During the period from March 15 to November 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation and service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every swinging door shall have a self-closing device in good working condition.
(3) 
Section 304, Interior Structure.
(a) 
Section 304.3 is amended to read as follows:
304.3 Interior surfaces. Floors, walls, windows, doors, ceilings and other interior surfaces shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood and other defective surface conditions shall be eliminated. Only substantial areas of peeling paint, cracked and/or loose plaster and the presence of any decayed wood shall constitute violations under this code. The dwelling must be free of hazardous conditions that seriously threaten the structural integrity of the interior wall or ceiling or pose other health and safety risks, as evidenced by any leaning, large holes, loose surface materials, severe buckling or bulging, or noticeable movement under walking stress. Any defects which allow air to infiltrate or penetrate into the interior, such as large areas of loose material, shall be considered violations under this code. Cracks of 1/6 inch width or less that are not accompanied by large areas of loose material shall not be deemed violations under this code.
304.3.1 Lead-based paint. Interior and exterior painted surfaces of dwellings and child- and day-care facilities, including fences and outbuildings, that test at or greater than one milligram per centimeter of lead content shall be removed or covered in an approved manner. Any surface to be covered shall first be marked with warnings as to the lead content of such surface.
(b) 
Sections 304.7 and 304.8 are added to read as follows:
304.7 Bathroom and kitchen floors. Every toilet, bathroom and kitchen floor surface shall be constructed and maintained to be substantially impervious to water. Such floors shall be easy to clean and maintain in a sanitary condition. Bathroom flooring shall not have any defects which would either render the surface uncleanable or allow water penetration. Small holes, tears, depressions, slits or seams in kitchen floors that are not in close proximity to plumbing fixtures shall be acceptable, unless such defects present a tripping hazard.
304.8 Free from dampness. In every building, the cellars, basement and crawl spaces shall be maintained reasonably free from dampness to prevent conditions conducive to decay or deterioration of the structure. Dirt basement floors shall be acceptable if there is no evidence of vermin or excessive dampness and there are convenient provisions for ventilation.
(4) 
Section 305, Rubbish and Garbage.
[Added 4-28-2015 by Ord. No. 3-2015[2]]
(a) 
Section 305.1 is amended to read as follows:
305.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. Rubbish or garbage shall be collected and disposed of in accordance with the sanitation chapters of these Codified Ordinances.
305.1.1 is added to read as follows:
305.1.1 Notwithstanding the authority of the Bureau of Codes to administer and enforce the Code, the Mayor hereby designates the Department of Public Works to administer and enforce this section related to rubbish or garbage and all provisions throughout the Codified Ordinances related to rubbish or garbage and the enforcement thereof.
305.1.2 is added to read as follows:
305.1.2 Notwithstanding the authority of the Codes Administrator to administer and enforce the Code, the City Council hereby appoints a Property Maintenance Inspector to administer and enforce this section related to rubbish or garbage and all provisions throughout the Codified Ordinances related to rubbish or garbage and the enforcement thereof.
[2]
Editor's Note: This ordinance also provided for the renumbering of former Subsection C(4) and (5) as Subsection C(5) and (6), respectively.
(5) 
Section 306, Extermination.
(a) 
Section 306.2 is amended to read as follows:
306.2. Responsible party. Every owner, agent or operator of any structure shall be responsible for the extermination of any insects, rats or other pests in the structure.
(b) 
Section 306.3 is deleted.
(c) 
Section 306.4 is deleted.
(d) 
Section 306.5 is deleted.
(6) 
Section 307 is added to read as follows:
SECTION 307
SWIMMING POOLS, SPAS AND HOT TUBS
307.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition and in good repair.
307.2 Enclosures. Private swimming pools, hot tubs and spas containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1,219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1,372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching shall be maintained such that the gate will positively close and latch when released from an open position of six inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
D. 
Chapter 4, Light, Ventilation and Occupancy Limitations.
(1) 
Section 404, Occupancy Limitations.
(a) 
Sections 404.4 and 404.4.1 are amended to read as follows:
404.4 Bedroom and living room requirements. Every bedroom and living room shall comply with the requirements of §§ 404.4.1 through 404.4.5.
404.4.1 Room area. Every living room shall contain at least 120 square feet (11.2 m2), and every bedroom shall contain at least 70 square feet (6.5 m2).
(b) 
Section 404.5 is amended to read as follows:
404.5 Overcrowding. The number of persons occupying a dwelling unit shall not create conditions that, in the opinion of the code official, endanger the life, health, safety or welfare of the occupants.
(c) 
Section 404.8 is added to read as follows:
404.8 Below-grade rooms. Rooms partially or completely below grade shall not be used as a habitable space unless:
i.
Floors and walls are watertight so as to prevent entry of moisture;
ii.
Total window area, total openable window area and ceiling height are in accordance with this code;
iii.
Required minimum window area of every habitable space is entirely above the grade adjoining such window areas; and
iv.
Means of egress and emergency escape are provided in accordance with this code.
E. 
Chapter 5, Plumbing Facilities and Fixture Requirements.
(1) 
Section 502, Required Facilities.
(a) 
Section 502.4 is amended to read as follows:
502.4 Employees' facilities. In nonresidential structures, sanitary facilities shall comply with the minimum requirements of the Plumbing Code[3] for such use and occupancy.
[3]
Editor's Note: See Ch. 8-105, Plumbing Code.
(b) 
Section 502.4.1 is deleted.
F. 
Chapter 6, Mechanical and Electrical Requirements.
(1) 
Section 602, Heating Facilities.
(a) 
Section 602.2 is amended to read as follows:
602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68° F. (20° C.) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section.
Exception: In areas where the average monthly temperature is above 30° F. (-1° C.), a minimum temperature of 65° F. (18° C.) shall be maintained.
(b) 
Section 602.3 is amended to read as follows:
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units, rooming units, dormitories or guest rooms on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period from October 1 to May 15 to maintain a room temperature of not less than 65° F. (18° C.) in all habitable rooms, bathrooms and toilet rooms during the hours between 6:30 a.m. and 10:30 p.m. of each day and not less than 60° F. (16° C.) during other hours. The temperature shall be measured at a point three feet (914 mm) above the floor and three feet (914 mm) from the exterior walls.
(c) 
Section 602.4 is amended to read as follows:
602.4 Nonresidential structures. Every enclosed occupied work space shall be supplied with sufficient heat during the period from October 1 to May 15 to maintain a temperature of not less than 65° F. (18° C.) during all working hours. The temperature shall be measured at a point three feet (914 mm) above the floor and three feet (914 mm) from the exterior walls.
Exceptions:
i.
Processing, storage and operation areas that require cooling or special temperature conditions;
ii.
Areas in which persons are primarily engaged in vigorous physical activities.
(2) 
Section 603, Mechanical Equipment.
(a) 
Section 603.1 is amended to read as follows:
603.1 Cooking and heating equipment. All cooking and heating equipment, components and accessories in every heating, cooking, and water heating device shall be maintained to be 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[4] or other laws or ordinances applicable thereto. Portable cooking equipment employing flame is prohibited, except for approved residential-type food trays or servers which are heated by a candle or alcohol lamp.
[4]
Editor's Note: See Ch. 8-101, Building Code.
(3) 
Section 604, Electrical Facilities.
(a) 
Section 604.1 is amended to read as follows:
604.1 Facilities required. Every building or part thereof used for human occupancy shall be adequately and safely provided with an electrical system in compliance with the requirements of this code. The provisions of §§ 604.2 and 605 of this code shall be considered absolute minimum requirements. The size of the dwelling and the usage of appliances and equipment shall be used as a basis for determining the need for additional facilities in accordance with the Electrical Code of the City.[5]
[5]
Editor's Note: See Ch. 8-103, Electrical Code.
(b) 
Section 604.2 is amended to read as follows:
604.2 Service. The size and usage of appliances and equipment shall be used as a basis for determining the need for additional facilities in accordance with NFPA 70. Every dwelling shall be served by a main service which is not less than 100 amperes, three-wire.
G. 
Chapter 7, Fire Safety Requirements.
(1) 
Section 702, Means of Egress.
(a) 
Sections 702.5 and 702.6 are added to read as follows:
702.5 Egress illumination. All means of egress shall be equipped with artificial lighting in accordance with the Building Code.[6] Emergency lighting shall be provided in accordance with the Building Code.
702.6 Information signs. A sign shall be provided at each floor landing in all interior stairways more than three stories above grade designating the floor level above the floor of discharge. All elevator lobby call stations on all floor levels in buildings more than 75 feet (22,860 mm) above grade shall be marked with approved signs reading as follows: "Use Stairways in Case of Fire — Do Not Use Elevators."
[6]
Editor's Note: See Ch. 8-101, Building Code.
(2) 
Section 704, Fire Protection Systems.
(a) 
Section 704.1 is amended to read as follows:
704.1 Smoke detectors. A minimum of one approved single-station or multiple-station smoke detector shall be installed in each guest room, suite or sleeping area in occupancies in Use Groups R-1 and 1-1 and in dwelling units in the immediate vicinity of the bedrooms in occupancies in Use Groups R-2 and R-3. In all residential occupancies, smoke detectors shall be required on every story of the dwelling unit without an intervening door between the adjacent levels. A smoke detector installed on the upper level shall suffice for the adjacent lower level, provided that the lower level is less than one full story below the upper level.
704.1.1 Responsibility for installation and maintenance. The owner of each dwelling unit shall be responsible for the installation of the early fire detection devices (smoke detectors). It shall be the responsibility of the occupants, whether owners, residents or tenants, to maintain the smoke detector within the individual units. Where early fire detection devices (smoke detectors) are located in areas of common use by occupants, it shall be the building owner's responsibility to maintain the smoke detectors. Such maintenance shall include, but not be limited to, replacement of batteries or keeping the devices connected to the electrical power source.
H. 
Chapter 9, Responsibilities of Persons, is added to read as follows:
CHAPTER 9
RESPONSIBILITIES OF PERSONS
SECTION 901
SANITARY CONDITIONS
901.1. Every occupant of a structure or part thereof shall keep his/her area in a clean and sanitary condition. Every owner of a structure 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. The owner of the property shall be responsible for monitoring and enforcing the standards contained in Section 304 of this code to ensure that both the shared and private areas of the property are clean and sanitary.
901.2 Extermination. Every owner, agent or operator of a structure containing 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.
[1]
Editor's Note: This ordinance also repealed former § 8-107.3, Amendments to adopted code, as amended 4-8-1997 by Ord. No. 3-1997.

§ 8-107.4 Rent withholding system unaffected. [1]

The system established pursuant to § 8-507.2 of the Codified Ordinances for the purpose of determining whether or not a dwelling is fit or unfit for human habitation for purposes of rent withholding shall not be deemed to be affected by the enactment of this chapter but shall remain in full force and effect until amended or modified. The criteria utilized in amending or modifying said system shall be consistent with the provisions of this Property Maintenance Code relating to structures unfit for human occupancy.
[1]
Editor's Note: This section derives from Ord. No. 26-1975.

§ 8-107.5 Appeals.

Any person, firm, corporation, association or other entity who is aggrieved by the ruling, decision or action of any department, bureau or division of the City in regard to the administration or enforcement of any of the provisions of this Property Maintenance Code may appeal such ruling, decision or action in writing to the Building and Housing Code Board of Appeals in the manner and in accordance with the procedures set forth in Chapter 8-501 of the Codified Ordinances.

§ 8-107.99 Penalty.

A. 
Any person, whether individually or as a member or employee of a partnership, or any officer, agent or employee of a corporation who directs or knowingly permits any violation of any of the provisions of the sections of this code, or who aids or assists therein, either on his or her own behalf or in the interests of his or her employer or principal, and fails to comply with any order made thereunder from which no appeal has been taken, or fails to comply with such order as affirmed or modified by the City shall, upon conviction thereof, severally and for each violation and noncompliance, respectively, be fined not less than $50 nor more than $1,000, and costs, and, in default of payment thereof, shall be imprisoned in the Dauphin County Prison for not more than 90 days for each separate violation, or both. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all persons required to do so shall correct and remedy violations or defects within a reasonable time, and, when not otherwise specified, each day that the prohibited conditions are maintained shall constitute a separate offense.
B. 
The application of the above penalty shall not prevent the enforced removal of the prohibited conditions or device or any other remedy at law or equity available to the City for enforcement of this chapter.
[Ord. No. 9-1996]
C. 
Upon conviction for a violation of any provision of this chapter pursuant to Subsection A, in addition to any fines, fees or penalties levied in accordance with Subsection A, an additional neighborhood mitigation penalty shall be levied in the amount of $25. All such penalties levied and collected by any division of the Unified Judicial System existing under Section 1 of Article V of the Constitution of Pennsylvania and 42 Pa.C.S.A. § 301 shall be remitted to the City for deposit into the Neighborhood Mitigation Fund for the purpose of funding mitigation exercises performed by the City on private properties, including but not limited to demolitions, cleanups, clean and seals and light repairs. If the fine is paid on installments, the proportionate amount of the neighborhood mitigation penalty shall be remitted on each installment.
[Added 11-13-2001 by Ord. No. 20-2001]