[Adopted 11-12-1971 by Ord. No. 400 (Ch. 11, Part 1, of the
1985 Code of Ordinances)]
The following general provisions shall apply in the interpretation
and enforcement of this article:
A. Councilmanic finding. It is hereby found that there exists and may
in the future exist within the Borough of Trainer premises, dwellings,
dwelling units, rooming units, or parts thereof, which by reason of
their structure, equipment, sanitation, maintenance, use or occupancy
affect or are likely to affect adversely the public health (including
the physical, mental, and social well-being of persons and families),
safety and general welfare. To correct and prevent the existence of
such adverse conditions, and to achieve and maintain such levels of
residential environmental quality as will protect and promote public
health, safety, and general welfare, it is further found that the
establishment and enforcement of minimum housing standards are required.
B. Purposes. It is hereby declared that the purpose of this article
is to protect, preserve and promote the physical and mental health
and social well-being of the people, to prevent and control the incidence
of communicable diseases, to regulate privately and publicly owned
dwellings for the purpose of maintaining adequate sanitation and public
health, and to protect the safety of the people and to promote the
general welfare by legislation which shall be applicable to all dwellings
now in existence or hereafter constructed. It is hereby further declared
that the purpose of this article is to ensure that the quality of
housing is adequate for protection of public health, safety and general
welfare, including establishment of minimum standards for basic equipment
and facilities for light, ventilation, and thermal conditions, for
safety from fire and accidents, for the use and location and amount
of space for human occupancy, and for an adequate level of maintenance;
determination of the responsibilities of owners, operators and occupants
of dwellings; and provision for the administration and enforcement
thereof.
C. Title. This article shall be known and may be cited as the "Housing
Maintenance and Occupancy Code of the Borough of Trainer."
All dormitory rooms and/or rooming units in any rooming house shall be in compliance with the provisions of every section of this article except the provisions of §§
146-2 and
146-8 and
146-1A,
B, E and G. Dormitory rooms and rooming units shall be clean and sanitary and shall comply with all applicable requirements of the Commonwealth of Pennsylvania.
A. At least one flush water closet, lavatory basin and bathtub or shower,
properly connected to a water and sewer system approved by the Secretary
and in good working condition, shall be supplied for each six persons
or fraction thereof residing within a rooming house, including members
of the operator's family wherever they share the use of said
facilities, provided:
(1) That in a rooming house where rooms are let only to males, flush
urinals may be substituted for not more than 1/2 of the required number
of water closets.
(2) That all such facilities shall be so located within the dwelling
so as to be reasonably accessible from a common hall or passageway
to all persons sharing such facilities.
(3) That every lavatory basin and bathtub or shower shall be supplied
with heated and unheated water under pressure at all times.
(4) That no such facility be located in a basement.
B. The following provisions shall apply in all rooming houses:
(1) Cooking in dormitory rooms and rooming units is prohibited.
(2) Communal cooking and dining facilities in a rooming house are prohibited,
except as approved by the Secretary.
C. Every room in a rooming house used for living or sleeping purposes
shall comply with all of the requirements of this article pertaining
to a habitable room.
(1) Every room occupied for sleeping purposes shall contain at least
72 square feet of floor space for the first occupant and 68 square
feet of floor space for each additional occupant thereof.
D. Every room in a rooming house shall have immediate access to one
or more approved means of egress as required by the "Building Regulations
for Protection from Fire and Panic" and its amendments, as promulgated
by the Pennsylvania Department of Labor and Industry.
E. Structurally sound handrails shall be provided on any steps containing
five risers or more. If steps are not enclosed, balusters spaced not
more than six inches apart shall be provided. Porches and/or balconies
located more than three feet higher than the adjacent areas shall
similarly be provided with handrails and, if unenclosed, balusters
spaced not more than six inches apart shall also be provided.
F. Unless exempted by the Secretary, the operator of a rooming house
shall change supplied clean bed linens and towels therein at least
once a week and prior to letting any room to any occupant, and the
operator shall be responsible for the maintenance of all supplied
bedding in a clean and sanitary manner.
Word usage; the meaning of certain words. Whenever the words
"dwelling," "dwelling unit," "rooming house," "rooming units," "premises,"
"structure" are used in this article they shall be construed as though
they were followed by the words "or any part thereof." Words used
in the singular include the plural, and the plural the singular, the
masculine gender includes the feminine and the feminine the masculine.
The following definitions shall apply in the interpretation and enforcement
of this article:
ACCESSORY STRUCTURE
A detached structure which is not used or not intended to
be used for living or sleeping by human occupants and which is located
on or partially on any premises.
APPROPRIATE AUTHORITY
That person within the governmental structure of the corporate
unit charged with the administration of the appropriate code.
APPROVED
Approved by the local or state authority having such administrative
authority.
ASHES
The residue from the burning of combustible materials.
ATTIC
Any story situated wholly or partly within the roof, so designed,
arranged or built as to be used for business, storage, or habitation.
CENTRAL HEATING SYSTEM
A single system supplying heat to one or more dwelling unit(s)
or more than one rooming unit.
CHIMNEY
A vertical masonry shaft of reinforced concrete or other
approved noncombustible, heat-resisting material enclosing one or
more flues for the purpose of removing products of combustion from
solid, liquid or gaseous fuel.
DORMITORY
A room or group of rooms in any dwelling used for living
and sleeping purposes by four or more persons.
DWELLING
Any enclosed space which is wholly or partly used or intended
to be used for living or sleeping by human occupants, provided that
temporary housing as hereinafter defined shall not be regarded as
a dwelling.
DWELLING UNIT
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
EGRESS
A place or means of going out.
EXTERMINATION
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping or by any other recognized and legal
pest elimination methods approved by the local or state authority
having such administrative authority.
FAIR MARKET VALUE
A price at which both buyers and sellers are willing to do
business.
FAMILY
One adult person plus one or more persons who are legally
related to said person and residing in the same dwelling unit with
said person.
FLUSH WATER CLOSET
A toilet bowl flushed with water under pressure with a water-sealed
trap above the floor level.
GARBAGE
The animal and vegetable waste resulting from the handling,
preparation, cooking, serving and nonconsumption of food.
GUEST
Any person who shares a dwelling unit in a nonpermanent status
for not more than 30 days.
HABITABLE ROOM
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms,
water closet compartments, laundries, furnace rooms, pantries, kitchenettes
and utility rooms of less than 50 square feet of floor space, foyers
or communicating corridors, stairways, closets, storage spaces, and
workshops, lobby and recreation areas in unheated or uninsulated parts
of structure below ground level or in attics.
HEALTH OFFICER
The legally designated health authority of the Borough of
Trainer or his authorized representative.
HEATED WATER
Water heated to a temperature of not less than 120° F.
at the outlet.
HOUSEHOLD
A family and/or one or more unrelated persons, including
servants, who share the same dwelling and use some or all of its cooking
and eating facilities.
INFESTATION
The presence within or around a dwelling of any insects,
rodents or other pests.
KITCHEN
Any room containing any or all of the following equipment
or any area of a room within three feet of such equipment: sink and/or
other device for dish washing, stove or other device for cooking,
refrigerator or other device for cool storage of food, cabinets and/or
shelves for storage of equipment and utensils, and counter or table
for food preparation.
KITCHENETTE
A small kitchen or an alcove containing cooking facilities.
MULTIPLE DWELLING
Any dwelling containing more than two dwelling units and/or
rooming units.
OCCUPANT
Any person over one year of age living, sleeping, cooking
or eating in or actually having possession of a dwelling unit or a
rooming unit; except that in dwelling units a guest will not be considered
an occupant.
OPERATOR
Any person who has charge, care, control or management of
a building, or part thereof, in which dwelling units or rooming units
are let.
ORDINARY SUMMER CONDITIONS
A temperature 10° F. below the highest recorded temperature
in the locality for the prior ten-year period.
ORDINARY WINTER CONDITIONS
A temperature 15° F. above the lowest recorded temperature
in the locality for the prior ten-year period.
OWNER
Any person who, alone or jointly or severally with others:
A.
Shall have legal title to any premises, dwelling or dwelling
unit, with or without accompanying actual possession thereof; or
B.
Shall have charge, care or control of any premises, dwelling
or dwelling unit, as owner or agent of the owner, or an executor,
administrator, trustee or guardian of the estate of the owner. Any
such person thus representing the actual owner shall be bound to comply
with the provisions of this article and of rules and regulations adopted
pursuant thereto to the same extent as if he were the owner.
PERMISSIBLE OCCUPANCY
The maximum number of persons permitted to reside in a dwelling
unit or rooming unit.
PERSON
Any individual, firm, corporation, association or partnership.
PLUMBING
All of the following supplied facilities and equipment: gas
pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes' washing machines, catch
basins, drains, vents and any other similar supplied fixture, and
the installation thereof, together with all connections to water,
sewer or gas lines.
PREMISES
A platted lot or part thereof or unplatted lot or parcel
of land or plot of land, either occupied or unoccupied by any dwelling
or nondwelling structure and includes any such building, accessory
structure or other structure thereon.
PRIVACY
The existence of conditions which will permit a person or
persons to carry out an activity commenced without interruption or
interference, either by sight or sound, by unwanted persons.
RAT HARBORAGE
Any place where rats can live, nest or seek shelter.
RATPROOFING
A form of construction which will prevent the ingress or
egress of rats to or from a given space or building, or gaining access
to food, water or harborage. It consists of the closing and keeping
closed of every opening in foundations, basements, cellars, exterior
and interior walls ground or first floors, roofs, sidewalk gratings,
sidewalk openings, and other places that may be reached and entered
by rats by climbing, burrowing or other methods, by the use of materials
impervious to rat gnawing and other methods approved by the appropriate
authority.
REFUSE
All putrescible and nonputrescible solids (except body wastes),
including garbage, rubbish, ashes and dead animals.
REFUSE CONTAINER
A watertight container that is constructed of metal or other
durable material impervious to rodents, that is capable of being serviced
without creating insanitary conditions, or such other containers approved
by the appropriate authority. Openings into the container such as
covers and doors shall be tight-fitting.
ROOMING HOUSE
Any dwelling or that part of any dwelling containing one
or more rooming units and/or one or more dormitory rooms.
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
purposes.
RUBBISH
Nonputrescible solid wastes (excluding ashes), consisting
of either:
A.
Combustible wastes such as paper, cardboard, plastic containers,
yard clippings, and wood; or
B.
Noncombustible wastes such as tin cans, glass and crockery.
SAFETY
The condition of being free from danger and hazards which
may cause accidents or disease.
SPACE HEATER
A self-contained, heating appliance of either the circulating
type or the radiant type and intended primarily to heat only one room.
SECRETARY
Secretary of the Pennsylvania Department of Health.
SUPPLIED
Paid for, furnished by, provided by, or under control of
the owner, operator or agent.
TEMPORARY HOUSING
Any tent, trailer, mobile home, or any other structure used
for human shelter which is designed to be transportable and which
is not attached to the ground, to another structure, or to any utility
system on the same premises for more than 30 consecutive days.
The Chairman of the Public Safety Committee is hereby authorized
to make, adopt, revise and amend such rules and regulations as it
deems necessary for the carrying out of the purposes of this article.
[Amended 11-14-1985 by Ord. No. 549; 8-11-2005 by Ord. No. 670]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this article continues
shall constitute a separate offense.
The Chairman of the Public Safety Committee is hereby authorized
to collect and disseminate information concerning techniques of maintenance,
repair and sanitation in housing and concerning the requirements of
this article and applicable rules and regulations issued pursuant
thereto.