[HISTORY: Adopted by the Borough Council
of the Borough of Millersville as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Historic Commission — See Ch. 49.
Planning Commission — See Ch. 80.
Open burning — See Ch. 136.
Rental property — See Ch. 290.
Sewers — See Ch. 305.
Stormwater management — See Ch. 315.
Streets and sidewalks — See Ch. 320.
Subdivision and land development — See Ch. 325.
Trailers and trailer parks — See Ch. 341.
Junked and abandoned vehicles — See Ch. 354.
Zoning — See Ch. 380.
Fees — See Ch. A395.
[Adopted 11-27-2001 by Ord. No. 2001-9]
This article shall be known and may be cited
as the "Millersville Borough Property Maintenance Code."
[Amended 11-28-2006 by Ord. No. 2006-4; 4-23-2013 by Ord. No. 2013-1]
A certain document, copies of which have been and are presently on file in the office of the Secretary of the Borough of Millersville, Lancaster County, Pennsylvania, being marked and designated as "International Code Council, Inc., International Property Maintenance Code/2009," be and is adopted as the Property Maintenance Code of the Borough of Millersville, creating a code of property maintenance regulations for the protection of public health, safety and welfare as herein provided. Each and all of the regulations of the International Property Maintenance Code/2009, Second Edition, except as provided in § 150-3 of this article, are hereby referred to, adopted and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, enumerated in § 150-3.
[Amended 3-23-2004 by Ord. No. 2004-1; 11-28-2006 by Ord. No. 2006-4; 1-27-2009 by Ord. No. 2009-1]
Changes from the International Property Maintenance
Code/2006, Second Edition, to the Property Maintenance Code of the
Borough of Millersville, are as follows:
A.
Section 101.1 shall be amended by inserting "Borough
of Millersville, Lancaster County, Pennsylvania."
B.
Section 103.5 shall provide as follows:
§ 103.5. Fees. The fees
for activities and services performed by the Code Official in carrying
out his responsibilities under this code shall be established by resolution
or ordinance of the Borough Council.
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C.
Section 106.2, Notice of violation, shall be amended
to provide as follows:
106.2 Notice of violation. When it appears that a violation of this code exists, the Code Official
shall serve a notice of violation or order in accordance with Section
107, except as provided below:
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106.2.1 The Code Official
shall not be required to send a notice of violation in cases of imminent
danger.
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106.2.2 The Code Official
may provide a single notice of violation for multiple violations of
Sections 302.4 and 305 in a single calendar year by following the
procedures set forth in such sections.
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106.2.3 The Code Official
and police officers shall not be required to send a notice of violation
prior to the institution of summary criminal proceedings for violations
of Section 302 or 305 of this code.
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D.
Section 106.3, Prosecution of violation, shall be
amended to provide as follows:
106.3 Prosecution of violation. If the Code Official has served a notice of violation and the notice
of violation is not complied with within the time specified in such
notice, or if the Code Official determines that there is insufficient
time to serve a notice of violation or that such notice of violation
will have no practical or beneficial effect, the Code Official shall
notify the Council of the violation and shall request the Council
to authorize institution of enforcement proceedings against the violator
and/or authorize the Borough Solicitor to institute the appropriate
proceedings at law or in equity to restrain, correct, or abate such
violation or to require the removal or termination of the unlawful
occupancy of the structure in violation of the provisions of this
code or any order or direction made pursuant thereto. If the Code
Official or if any police officer of the Borough observes a violation
of Section 302 or Section 305 of this code, in addition to the foregoing,
such Code Official or police officer is hereby empowered to institute
summary criminal proceedings against the violator.
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E.
Section 106.4 shall provide as follows:
[Amended 4-23-2013 by Ord. No. 2013-1]
106.4 Penalty. Any person
who shall violate a provision of this code, or who shall fail to comply
with any of the requirements thereof, or who shall use, maintain or
alter a lot, building or structure in violation of any approved plan
or directive of the Code Official or of any order, permit or certificate
issued under the provisions of this code, or who shall violate any
order of the Code Official, or who shall fail to remedy or who shall
negligently or improperly remedy any health hazard, or who shall fail
to completely implement a plan to remedy a health hazard which has
been reviewed and approved by the Code Official shall be liable upon,
summary conviction therefor, to fines and penalties of (a) not less
than $100 nor more than $1,000 plus all costs of prosecution for a
first offense; (b) not less than $200 nor more than $1,000 plus all
costs of prosecution for a second offense; and (c) not less than $300
nor more than $1,000 plus all costs of prosecution for a third or
subsequent offense, which fines and penalties may be collected as
provided by law. In addition to fines and penalties, the violator
shall be assessed court costs and reasonable attorneys' fees incurred
by the Borough in enforcement proceedings. All fines and penalties
collected for violation of this code shall be paid over to the Borough
Treasurer. Each day that a violation continues and each section of
this code which is violated shall be deemed a separate offense. This
code may also be enforced by an action in equity brought in the Lancaster
County Court of Common Pleas.
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E.1.
Insert new Sections 107.7 through 107.7.4 which shall
provide as follows:
[Added 4-23-2013 by Ord. No. 2013-1]
107.7. Notice to Abate Health Hazard or
Public Nuisance. It shall be the duty of the Code Official
to cause a notice to be served upon the owner or occupant of any premises
whenever property is maintained so as to constitute a health hazard
or a public nuisance and to require abatement of the health hazard
or public nuisance within 10 days from the date of service of such
notice or such other time period as may be set forth in the notice.
Service of such notice shall be as provided in Section 107.3.
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107.7.1. Performance of Work Upon Noncompliance with Notice. In the event that the owner or occupant shall refuse or neglect
to abate such health hazard or public nuisance within the time period
as required by such notice, or in the event that the owner or occupant
shall perform action necessary to eliminate the health hazard in a
negligent or incomplete fashion, the Code Official may cause such
condition to be eradicated and/or removed, or take action necessary
to eliminate such health hazard or nuisance of which the owner or
occupant has been notified, keeping an account of the expenses of
inspecting the premises, service of notice and abating the health
hazard and nuisance. All such costs and expenses shall be charged
to and paid by the owner or occupant.
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107.7.2. Collection of Costs. All costs and expenses
the Borough incurs in the abatement of such health hazards and public
nuisances shall be a lien upon the premises, and whenever a bill therefor
remains unpaid after it has been rendered, the Borough Solicitor shall
file a municipal claim and/or civil action for such costs and expenses,
together with a penalty of 25% of the costs and expenses, and for
allowable attorneys' fees, in the manner provided by law for the collection
of municipal claims and/or the filing of civil actions.
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107.7.3. Service Fees for Reoccurring Violations. When a property has been declared a "public nuisance" due to refuse
accumulation, insect, vermin or rodent infestation, lack of required
utilities, facilities, equipment or other property maintenance violations,
deemed a detriment to the occupants of a property or the public-at-large
and/or cause a blighting condition, the Code Official will notify
the responsible party. In the event of a reoccurrence of the violation
within a twelve-month period, a service charge established by Borough
Council by ordinance or resolution will be assessed against the responsible
party. Repeat offender service fees shall be payable to the Borough
within 15 days of receipt of the Borough invoice setting forth the
service fee. Failure to timely pay said fee will result in the Borough
instituting appropriate action against the offender to recover both
the service fee and any related administrative fees.
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107.7.4. Public Safety Official Notice and Quick Ticket
Procedures. In addition to other enforcement mechanisms available
to the Borough under this code, the Code Official is authorized to
issue Public Safety Official Notices for Property Maintenance Code
violations and Quick Tickets for violations regarding high weeds and
grass, garbage, rubbish and animal waste. The fines for the above-referenced
violations shall be payable within 15 days. Repeat offenders shall
be subject to additional penalties. Failure to pay the Quick Ticket
within 15 days may result in a summary citation being issued through
the local Magisterial District Judge's office. Borough Council shall
approve Quick Ticket forms and penalty amounts by resolution.
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E.2.
Section 110.3 shall be revised to provide as follows:
[Added 4-23-2013 by Ord. No. 2013-1]
110.3. Failure to Comply. Whenever
the owner of a property fails to comply with a demolition order within
the time period prescribed, the Code Official shall request the Borough
Solicitor to institute an action at law or in equity against the property
owner to obtain an order authorizing the Code Official to raze and
remove such structure or contract for the razing and removal of such
structure at the expense of the owner of the property. At the completion
of such razing and removal, the Borough Solicitor shall file a municipal
claim as a lien against the property in the amount of the Borough's
costs plus a penalty of 25% of such costs and for allowable attorneys'
fees. The Borough Solicitor may also institute any proceedings at
law or in equity to provide for the collection of the Borough's costs
and expenses.
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F.
Section 110.4 shall be deleted in its entirety.
G.
Section 111, Means of Appeal, shall be deleted in
its entirety. A new Section 111, Appeals, shall be inserted, which
shall provide as follows:
SECTION 111
APPEALS
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111.1 Appeals. An appeal
from any decision of the Code Official may be taken to the Borough
Council. Such appeal shall be made, in writing, within 10 days after
such decision has been made. The appeal shall be verified by an affidavit,
shall state the grounds therefor and shall be filed with the Borough
Secretary. The appeal shall be accompanied by the appeal fee, which
shall be established by ordinance or resolution of the Borough Council.
The appellant or his representative shall have the right to appear
and be heard, if such right is requested in the written appeal. The
Borough Council may vary or modify any provision of this code where
there are practical difficulties in the way of executing the strict
letter of the law so that the spirit of the law shall be observed,
public safety secured and substantial justice done. Such variation
or modification shall be the minimum necessary in order to grant relief.
The Borough Council shall render a written decision, copies of which
shall be provided to the Code Official and the appellant.
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H.
Section 202, General Definitions, shall be amended
by inserting the following definitions:
ABATE/ABATEMENT. When used in connection
with lead-based coating, the reduction of, removal of or encapsulation
of lead, followed by through cleanup and post-cleanup treatment, from
the surfaces and sources that promote exposure resulting in the possibility
of lead toxicity or poisoning, which abatement shall be in a manner
approved or determined to be appropriate by the Code Official. The
methods of abatement and subsequent disposal of lead shall not present
a hazard to health from fumes, dust or vapors by inhalation, ingestion
or absorption through the skin and mucous membranes and shall be in
accordance with all applicable laws, ordinances, regulations and safety
standards of the Borough, the state and federal agencies.
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BOROUGH. The Borough of Millersville,
Lancaster County, Pennsylvania.
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BOROUGH COUNCIL. The governing
body of the Borough.
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EXPOSED SURFACE. When used in connection
with lead-based coating, all interior surfaces of a dwelling or other
structures which may be occupied by children and those exterior surfaces
of such dwelling or structures which are readily accessible to children
under six years of age, such as stairs, decks, porches, railings,
windows, doors and sidings. Any yard or other area in the vicinity
of a dwelling or structure, including, without limitation, any soil,
yard or other area which may be subject to contamination from flaking
or peeling lead-based coatings or any other source of lead, is also
considered an exposed surface.
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LEAD-BASED COATING. Any paint,
varnish, glaze or other applied liquid surface coating and putty or
plaster which contains a quantity of lead in excess of 0.6 milligram
per square centimeter of surface.
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RECOGNIZED METHOD OF ANALYSIS. Any
recognized method of lead detection and analysis which results in
measurement of lead in milligrams in a square centimeter of a particular
area, including, without limitation, a radio isotope x-ray fluorescent
analyzer for in-place determination of lead content.
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VEHICLE, HAZARDOUS. A vehicle,
including but not limited to an automobile, bus, van, truck, recreational
vehicle or trailer, which:
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(1)
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Contains one or more broken windows or one or
more missing doors or a missing trunk or hood which allows entry into
the vehicle by children or vermin.
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(2)
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Is structurally unstable or supported by blocks,
jacks or other devices which may slip or move, presenting a danger
to passersby.
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(3)
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Is parked upon property in such a manner as
to obstruct the vision of drivers or interfere with the free movement
of pedestrians or traffic or create a fire hazard.
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I.
Insert a new § 301.4, which shall provide
as follows:
301.4 Interference with compliance. No person shall take or cause any person to take any action which
creates a condition which results in a premises violating any requirement
of this code, including but not limited to tampering with water service
or sewer service or facilities, depositing rubbish or garbage or any
other discarded materials on a premises, removal of fire extinguishers
and blocking exits. Notwithstanding the foregoing, it shall not be
a violation of this code for the supplier of public water service
to cease service for nonpayment of water or sewer rates or charges
in accordance with applicable laws and procedures.
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J.
Section 302.4 shall provide as follows:
302.4 Weeds. All premises
and exterior property shall be maintained free from weeds or plant
growth in excess of six inches. All noxious weeds shall be prohibited.
"Weeds" shall be defined as all grasses, annual plants and vegetation,
other than trees or shrubs; provided, however, that this term shall
not include cultivated flowers and gardens, protected wildflowers
and wetlands. The failure to maintain a premises and exterior property
free from weeds or plant growth in excess of six inches is a violation
of the provisions of this code, whether or not the Borough Council,
Code Official, or other officer or employee of the Borough provides
the notice set forth below. Any police officer of the Borough and
the Code Official may institute summary enforcement proceedings pursuant
to Section 106 of this code. Such prosecution shall not prevent the
Borough from also proceeding under the provisions of this section
to abate nuisance conditions on the property.
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The Borough Council, the Code Official or any
officer or employee of the Borough designated for this purpose is
hereby authorized to give notice, by personal service, by United States
mail or by posting the property, to the owner of any premises whereon
grass, weeds or other vegetation is growing or remaining in violation
of the provisions of this code, directing and requiring such owner
to remove, trim or cut such grass, weeds or vegetation, so as to conform
to the requirements of this code, within five business days after
the issuance of such notice. In case any person shall neglect, fail
or refuse to comply with such notice within five business days after
the issuance of such notice, Borough authorities may remove, trim
or cut such grass, weeds or vegetation, and the cost thereof, together
with a penalty of 10% of such cost and allowable attorneys' fees,
may be collected by the Borough from such person in the manner provided
by law.
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If the Borough Council, the Code Official or
any officer or employee of the Borough has given notice under this
section in the calendar year and the owner did not comply with the
notice within the required five business days, the Borough shall not
be required to give additional notice to the owner before the Borough
removes, trims or cuts grass, weeds or vegetation on the property
in that same calendar year, and the Borough may collect the cost thereof,
together with a penalty of 10% of such cost and allowable attorneys'
fees, from such person in the manner provided by law.
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K.
Section 302.8.3 shall be amended to provide as follows:
[Amended 4-23-2013 by Ord. No. 2013-1]
302.8. Vehicles. Except as provided
in other regulations, the parking and storage of motor vehicles, including
but not limited to automobiles, buses, vans, trucks, recreational
vehicles, and trailers, shall be limited as provided herein.
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302.8.1. Licensed and Inspected Vehicles. Vehicles
which have a current license and inspection may be stored upon a premises
in accordance with the requirements of the Borough Zoning Ordinance
and other applicable ordinances and regulations unless such vehicles
are hazardous vehicles as defined herein.
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302.8.2. Unlicensed or Uninspected Vehicles. Vehicles
which do not have both a current license and a current inspection
may be stored within a completely enclosed structure on any premises.
Unlicensed or uninspected vehicles shall not be stored outside of
a completely enclosed structure on a premises for more than 30 days.
The Code Official and/or the Police Department may order the removal
of an unlicensed or uninspected vehicle using the procedure set forth
in Section 302.8.3. Exceptions: The operator of a motor vehicle towing
or repair establishment shall be permitted to store unlicensed or
uninspected motor vehicles for a period of not more than 90 days,
and operators of agricultural operations shall be permitted to store
unlicensed or uninspected agricultural vehicles which are part of
an active agricultural operation.
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302.8.3. Hazardous Vehicles. No person who owns
a hazardous vehicle shall park, place, deposit or permit the parking,
placement or depositing of the hazardous vehicle on any property.
No property owner shall permit any hazardous vehicle to remain on
a premises. If any hazardous vehicle is parked or placed upon a premises,
the Code Official and/or the Police Department shall notify the owner
or occupant of the premises of the duty to remove the hazardous vehicle.
The Code Official and/or the Police Department shall post upon the
hazardous vehicle in a conspicuous place a notice directing the removal
of the hazardous vehicle within 10 days. Should the vehicle not be
removed, the Code Official and/or the Police Department shall serve
a second notice, which shall be in writing and shall provide a time
limit not to exceed five days within which the hazardous vehicle has
to be removed. Said notice shall be served as provided in Section
107.3 herein and shall additionally be posted upon the hazardous vehicle.
If the owner of the premises fails to remove the hazardous vehicle,
the Borough may take action to abate the health and/or safety hazard
resulting from the hazardous vehicle in the manner provided in Sections
107.3.2 and 107.3.3 herein.
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L.
A new § 302.10 shall be added, which shall
provide as follows:
302.10 Used vehicle parts and
tires. No person shall place, deposit or permit the placement
or depositing of used vehicle parts or tires outside of an enclosed
structure on any property unless such used vehicle parts or tires
are secured to prevent removal and unless such used vehicle tires
are wrapped or covered in a manner sufficient to prevent the accumulation
of any standing water, to eliminate all breeding grounds for insects
and to eliminate all areas which could be used as harborage for rodents
or other animals.
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L.1.
Section 302 shall be amended to insert a new Subsection 302.11
which shall provide as follows:
[Added 3-22-2011 by Ord. No. 2011-2]
302.11 Parking on grass. No person shall park,
or knowingly permit to be parked, any motor vehicle, whether or not
such motor vehicle may be unsheltered or tarp covered, on any grass
or exposed soil in any yard of any premises upon which one or more
residential dwelling units are located.
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302.11.1 Responsibility. The owner of the premises,
occupants of the residential dwelling unit or dwelling units on the
premises, and the owner of such motor vehicle shall be responsible
for compliance with this Section 302.11.
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302.11.2 Exceptions. A motor vehicle may be temporarily
parked on a grassed area for the purpose of loading, unloading or
washing such motor vehicle. The motor vehicle shall be promptly removed
from the grassed area upon completion of loading, unloading, or washing
such vehicle.
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302.11.3 Enforcement. The Code Official or any
police officer shall be authorized to enforce Section 302.11. The
parking of vehicles on grass or exposed soil is a violation of this
Code, whether or not the Borough Council, the Code Official, or any
other officer of the Borough provides any enforcement notice or notice
of violation.
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302.11.3.1 Summary proceedings. Any police officer
of the Borough and the Code Official may institute summary enforcement
proceedings pursuant to Section 106 of this Code.
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302.11.3.2 Tickets for violations. The Code Official
and Borough police officers shall have the authority to issue a ticket
prior to the institution of summary enforcement proceedings. The Code
Official or police officer shall identify on the ticket the violation
of this section of the Code indicating, in each case, the location
where the violation took place, the license number of the motor vehicle,
the date and time the motor vehicle was observed parked on grass or
exposed soil, and any other facts that might be necessary in order
to secure a clear understanding of the circumstances attending the
violation. The Code Official or police officer may personally serve
the ticket upon the occupant of the premises on which the violation
has occurred or shall attach the ticket to the motor vehicle parked
on the grass or exposed soil. The Code Official or police officer
may also mail the ticket to the registered owner of the motor vehicle.
The ticket shall contain instructions that if the recipient of the
ticket shall report to the office of the Chief of Police and pay the
penalty amount set forth on such ticket (which shall be established
by Borough Council by resolution) within five days, that act will
save the violator from prosecution and from payment of the fine and
costs in Section 106.4 of the Code and, if the violator shall pay
the sum set forth on the ticket plus a late fee of $10 more than five
days but less than 14 days after the notice, that act will save the
violator from prosecution and from payment of the fine and costs prescribed
in Section 106.4 of this Code.
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M.
Section 303.2, Protective treatment, shall be amended
by adding the following sentence to the existing section:
[Amended 4-23-2013 by Ord. No. 2013-1]
If exterior painted surfaces contain lead levels
as set forth in Section 304.19 herein, all requirements of Section 304.19
shall be met.
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N.
Section 303.14, Insect screens, shall be amended by
inserting "April 15" and "October 1" into the appropriate places.
O.
A new § 304.19 shall be added, which shall
provide as follows:
304.19 Lead-based coatings. Any source of lead, including, without limitation, a lead-based
coating, shall be considered a health hazard to a child under six
years of age who has demonstrated an elevated blood level (which,
for the purposes of this code, shall be considered to be a level equal
to or greater than 10 micrograms per deciliter or any future standard
established by the United States Public Health Service Centers for
Disease Control) if:
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(1)
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It exists in or about a dwelling or other structure
in which a child under six years of age who has demonstrated an elevated
blood lead level commonly resides or visits; and
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(2)
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It is determined to be on any flaking, peeling,
nonintact deteriorated surface or on any exposed surface or in any
soil or dust found in or about the dwelling or structure or in any
rugs, carpet or other surface coverings in or about the dwelling or
structure; and
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(3)
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It contains a quantity of lead in excess of
0.6 milligram per square centimeter of surface when measured by a
recognized method of analysis.
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304.19.1. Notices. Sources of lead,
including lead-based coating areas, must be marked with warnings immediately
upon positive testing, and notice of these areas shall be given to
the occupant at the time of testing to avoid further child poisoning.
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304.19.2. Abatement of Health Hazard. If it is determined that there exists a health hazard under Section
304.7, the owner shall be responsible to abate the hazard within such
time as specified by the Code Official. The owner and/or occupant
of the premises shall bear the cost of abatement and shall present
a written plan of abatement to the Code Official for review and approval
prior to initiating said abatement. The owner and/or occupant of the
premises shall abate the health hazard in accordance with the approved
plan, shall completely perform all steps of such approved plan, and
shall perform the work set forth in the approved plan in a good and
workmanlike fashion. The owner and/or occupant of the premises shall
submit proof satisfactory to the Code Official of abatement promptly
upon completion.
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P.
Section 308, Rubbish and Garbage, shall be amended
by adding new Sections 308.4, Notices of Violation, and 308.5, Enforcement,
which shall provide as follows:
[Amended 4-23-2013 by Ord. No. 2013-1]
308.4. Notices of Violation. Borough
Council, the Code Official or any officer or employee of the Borough
designated for this purpose is hereby authorized to give notice, by
personal service, by United States mail or by posting the property,
to the owner of any premises on which there exist accumulations of
rubbish or garbage remaining in violation of the provisions of this
code, directing and requiring such owner to remove such accumulations
of rubbish or garbage, so as to conform to the requirements of this
code, within five business days after the issuance of such notice.
In case any person shall neglect, fail or refuse to comply with such
notice, within five business days after the issuance of such notice,
Borough authorities may remove such accumulations of rubbish or garbage,
and the cost thereof, together with a penalty of 25% of such cost,
and allowable attorneys' fees may be collected by the Borough from
such person in the manner provided by law.
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If Borough Council, the Code Official or any
officer or employee of the Borough has given notice under this section
in the calendar year and the owner did not comply with the notice
within the required five business days, the Borough shall not be required
to give additional notice to the owner before the Borough removes
accumulations of rubbish or garbage on the property in that same calendar
year, and the Borough may collect the cost thereof, together with
a penalty of 25% of such cost, and allowable attorneys' fees from
such person in the manner provided by law.
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308.5. Enforcement. The Code Official
or any police officer shall be authorized to institute summary criminal
proceedings against any person who fails to comply with the requirements
of this Section 308 prohibiting accumulations of rubbish or garbage
and requiring proper storage and disposal of rubbish and garbage.
The failure to maintain exterior premises and property and the interior
of a structure free from accumulation of rubbish and garbage and/or
the failure of any person to comply with the requirements of Sections
308.2 and 308.3 of this code is a violation of the provisions of this
code, whether or not Borough Council, Code Official, or other officer
or employee of the Borough provides the notice set forth below. Any
police officer and the Code Official may institute summary enforcement
proceedings pursuant to Section 106 of this code. Such prosecution
shall not prevent the Borough from also proceeding under the provisions
of Section 308.4 to abate nuisance conditions on the Property.
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Q.
Section 507.1, General, shall be amended to provide
as follows:
507.1 General. Drainage
of roofs and paved areas, yards, courts and other open areas on the
premises shall not be discharged in a manner which creates a nuisance.
Without limiting the foregoing, drainage of stormwaters from any source
shall not be directed into any drain connection with any public sewer
system, any individual or community sewage disposal system, any cesspool
or any absorption areas for a sewage disposal system. Drainage water
from any source shall not be directed onto the cartway of a public
street or discharged in such a manner that water accumulates on the
cartway or a public street.
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R.
Section 602.3, Heat supply, shall be amended by inserting
"October 1" and "April 15" into the appropriate places.
S.
Section 602.4, Occupiable work spaces, shall be amended
by inserting "October 1" and "April 15" into the appropriate places.
[Adopted 6-22-2004 by Ord. No. 2004-3]
This article shall be known and may be cited
as the “Millersville Borough Construction Code Ordinance.”
[Amended 1-27-2009 by Ord. No. 2009-1]
By Act 45 of 1999, the Pennsylvania Legislature
provided for the adoption of a Pennsylvania Uniform Construction Code
and directed the Department of Labor and Industry to promulgate regulations
for the Uniform Construction Code. In 2002, the Department of Labor
and Industry adopted final regulations governing certification and
training of persons to administer the Uniform Construction Code; and
on January 10, 2004, the Department issued final regulations for the
administration of the Uniform Construction Code. The Uniform Construction
Code incorporates the International Building Code/2006, or such future
edition as may be adopted from time to time, the International Residential
Code/2006, or such future edition as may be adopted from time to time,
the International Existing Building Code/2006, or such future edition
as may be adopted from time to time, the standards incorporated into
such publications by reference, and other publications as set forth
in the L & I Regulations. The Council desires to adopt and administer
the Pennsylvania Uniform Construction Code and establish administrative
and enforcement regulations.
[Amended 11-28-2006 by Ord. No. 2006-4]
The Borough hereby adopts the standards which
the Pennsylvania Department of Labor and Industry has adopted as the
Pennsylvania Uniform Construction Code identified in Section 403.21
of the L & I Regulations, as such regulations and standard codes
adopted by such regulations may be amended from time to time, as the
Millersville Borough Construction Code, with the following additions
to the International Building Code/2006, or such future edition of
the International Building Code as may be adopted from time to time:
A.
Section 202, Definitions, shall be amended by inserting
the following definitions in alphabetical order:
BOROUGH. The Borough of Millersville,
Lancaster County, Pennsylvania.
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BUILDING CODE OFFICIAL. A Borough
official certified by L & I under Section 103 of the Pennsylvania
Construction Code Act. The term includes an individual certified in
a category established under Chapter 401 of the L & I Regulations
to manage building code enforcement activities, supervise building
inspectors or plan examiners, issue building permits, occupancy permits,
notice of violations and orders to vacate, and initiate prosecutions.
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CONSTRUCTION CODE OFFICIAL. A Borough
official or a third-party agency appointed by the Borough, certified
by L & I under Section 103 of the Pennsylvania Construction Code
Act in an appropriate category established under Section 701(b) of
the Pennsylvania Construction Code Act to perform plan review of construction
documents, inspect construction or administer and enforce codes and
regulations in that category under the Pennsylvania Construction Code
Act or related statutes.
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COUNCIL. The governing body of
the Borough.
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DEP. The Department of Environmental
Protection of the Commonwealth of Pennsylvania.
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INTERMUNICIPAL AGREEMENT. The agreement
among the Borough and the Townships of Manor, Pequea, West Hempfield
and West Lampeter and the Boroughs of East Petersburg and Mountville
establishing the Central Lancaster County Uniform Construction Code
Board of Appeals.
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L & I. The Department of Labor
and Industries of the Commonwealth of Pennsylvania.
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L & I REGULATIONS. All regulations
adopted by L & I to implement the Pennsylvania Construction Code
Act.
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PENNSYLVANIA CONSTRUCTION CODE ACT. Act 45 of 1999, 35 P.S. § 7210.101 et seq., as amended.
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THIRD-PARTY AGENCY. A person or
firm duly appointed by the Council to act as the Construction Code
Official in the administration of this Construction Code.
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UNIFORM CONSTRUCTION CODE. The
code adopted pursuant to the Pennsylvania Construction Code Act and
the L & I Regulations.
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B.
Section 1612.3 is amended by inserting "Millersville
Borough" and "April 19, 2005," in the respective blanks.
C.
Section 3410.2 is amended by inserting the date of
“July 26, 1976,” for residential dwellings and “July
26, 1976,” for nonresidential structures.
The Borough hereby adopts the provisions of Chapter 1, Administration, of the International Building Code/2006, or such future edition as may be adopted from time to time, and the provisions of the L & I Regulations set forth below to govern administration and enforcement of the Millersville Borough Construction Code. The provisions of this Construction Code govern if there is a conflict with the provisions of the codes set forth in Section 403.21 of the L & I Regulations or the L & I Regulations relating to administration or enforcement. Changes from the International Building Code/2006, or such future edition as may be adopted from time to time, Chapter 1 (IBC), and the L & I Regulations to the Millersville Borough Construction Code are as follows:
A.
IBC Section 101.1. Insert "Borough of Millersville,
Lancaster County, Pennsylvania."
B.
IBC Section 101.2 shall provide as follows:
101.2 Scope. These regulations shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, location, occupancy and maintenance of all buildings and structures and shall apply to existing or proposed structures, except as such matters are otherwise provided for in other ordinances or statutes, including but not limited to the Borough Zoning Ordinance [Chapter 380], Subdivision and Land Development Ordinance [Chapter 325], Stormwater Management Ordinance [Chapter 315] or in the rules and regulations authorized for promulgation under the provisions of this construction code. Whenever there is a conflict between the provisions of this construction code and any other Borough ordinance, including but not limited to the Zoning Ordinance [Chapter 380], it is the intent of the Council that the more-stringent requirement shall apply. All construction which the Pennsylvania Construction Code Act or the L & I Regulations exempt from compliance with the Uniform Construction Code are exempt from the provisions of this construction code. Items exempted from compliance with the Uniform Construction Code by Section 403.1(b) and 403.1(e) of the L & I Regulations do not have to comply with the construction code but shall comply with all other applicable Borough ordinances.
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C.
IBC Section 101.3 shall be amended by adding the following
sentence to the existing section:
It is the further intent of the Council that
all construction within the Borough shall comply with the provisions
of the Americans with Disabilities Act and all applicable regulations
to implement the Americans with Disabilities Act promulgated by federal
and state regulatory agencies and with the Code Requirements for Housing
Accessibility, and this code shall be interpreted in a manner which
fulfills this intent. It is also the further intent of the Council
to comply with the requirements of the Pennsylvania Construction Code
Act and the L & I Regulations.
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D.
IBC Section 101.4.5 shall be deleted in its entirety.
E.
IBC Section 103, Department of Building Safety, shall
be deleted in its entirety, and a new IBC Section 103, Administration,
shall be inserted, which shall provide as follows:
SECTION 103
ADMINISTRATION
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103.1 Building official. The Council shall appoint a person or persons to serve as a Building
Code Official and a Construction Code Official, as those terms are
defined in the L & I Regulations. Both the Building Code Official
and the Construction Code Official shall be considered the building
official, as such term is defined and used in this construction code.
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103.2 Powers and duties of
Building Code Official and Construction Code Official. The
Building Code Official shall have all powers set forth in the L &
I Regulations and shall have the powers and duties of the building
official set forth in this Construction Code. The Construction Code
Official shall have the powers set forth in the L & I Regulations
and may also have the powers of the building official set forth in
this Construction Code. The respective duties and responsibilities
of the Building Code Official and the Construction Code Official shall
be determined by the Council and shall be within the limitations of
any certifications required or issued by the L & I.
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103.2.1 The Building Code
Official shall serve at the pleasure of the Council. The building
Code Official shall provide supervision of the Construction Code Official,
receive Construction Code permit applications, address citizen inquiries,
concerns and complaints, issue Construction Code permits and occupancy
permits, and manage code enforcement activities, including but not
limited to issuing notices of violations and orders to vacate, and
initiation of prosecutions.
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103.2.2 The Construction
Code Official shall serve at the pleasure of the Council. The Construction
Code Official shall perform plan review of construction documents,
issue Construction Code permits, inspect construction, provide the
Building Code Official with reports of inspections and recommendations
upon issuance of certificates of occupancy, and administer and enforce
this Construction Code. The Construction Code Official may be a third-party
agency.
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103.3 Organization. The Council
shall appoint such other officers, technical assistants, inspectors
and other employees as shall be necessary for the administration of
this Construction Code.
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F.
IBC Section 104.4 shall be amended by inserting the
following language after the first sentence:
The building official shall have the right to
reject any report performed by any individual or agency, unless the
permit holder has requested and obtained the prior approval of the
building official for such individual or agency to perform such inspection.
Any individual or agency performing such inspection and providing
such report shall demonstrate to the satisfaction of the building
official that such individual or agency has obtained all necessary
certifications from the L & I.
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G.
IBC Section 104.8 shall provide as follows:
104.8 Liability. The
Borough and the building official shall have all immunities and rights
granted by the Pennsylvania Judicial Code, including but not limited
to Chapter 85.
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H.
IBC Sections 105, Permits, 106, Construction Documents, and 111, Service Utilities, of Chapter 1 of the International Building Code/2006, or such future edition as may be adopted from time to time, shall not be a part of the Borough Construction Code. The Borough hereby adopts and incorporates Sections 403.41, 403.42, 403.42a, 403.43, 403.44, 403.47, 403.48, 403.61, 403.62, 403.62a, 403.63 and 403.66 of the L & I Regulations to govern applications for and issuance of construction code permits for nonresidential and residential construction, with the changes set forth below:
(1)
L & I Regulations Sections 403.42(a) and 403.62(a)
shall be amended by inserting the following at the end of the existing
sections:
It shall be the joint responsibility of the
owner, lessee, if any, and the contractor to determine that a Construction
Code permit (and all other required permits and approvals) has been
obtained before performing any work. It shall be unlawful for any
contractor or subcontractor to perform any work for which a Construction
Code permit is required unless the owner and contractor obtains and
posts a Construction Code permit as required by this Construction
Code.
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(2)
L & I Regulations Sections 403.42a(b) and 403.62a(b)
shall be amended by inserting the following at the end of the existing
sections:
At the time of filing an application for a Construction
Code permit, the applicant shall present to the Building Code Official
adequate evidence that the applicant has obtained from all governmental
authorities having jurisdiction all permits, licenses, approvals and/or
variances required in connection with the proposed use, occupancy,
construction, enlargement, alteration or demolition. Such agencies
shall include but not be limited to the Zoning Officer, Zoning Hearing
Board, Borough Historic Commission, Lancaster County Conservation
District, State Police Fire Marshal, DEP, L & I, and the Pennsylvania
Departments of Community and Economic Development and Transportation.
No application for a Construction Code permit is complete without
a copy of any required zoning permit and proof of any required subdivision
and/or land development approval and stormwater management plan approval.
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(3)
L & I Regulations Sections 403.43(h) and 403.63(h)
shall be amended by inserting the following at the end of the existing
sections:
The applicant shall post a copy of the Construction
Code permit at a location on the property clearly visible to members
of the public.
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I.
A new IBC Section 108.1.2 shall be inserted, which
shall provide as follows:
108.1.2 Time of payment of
fees. Applicants for permits under this Construction Code shall
pay to the Borough at the time of application all fees established
for the review of the application and plans. Prior to the issuance
of a Construction Code permit, applicants shall pay to the Borough
the estimated fees for all inspections required. If additional inspections
become necessary during the costs of construction, applicants shall
reimburse the Borough for all such costs within 15 days after the
date of an invoice for such costs. Applicants shall pay to the Borough
costs incurred for all inspections required during the course of construction
prior to the issuance of a certificate of use and occupancy for the
structure for which a Construction Code permit has been issued.
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J.
IBC Section 108.4 shall be revised to provide:
108.4 Work commencing before
permit issuance. Any person who commences any work on a building,
structure, electrical, gas, mechanical or plumbing system before obtaining
the necessary Construction Code permits shall be subject to an additional
fee for expedited processing, which shall be equal to the fee which
should have been paid at permit application. The expedited processing
fee shall be paid in full in addition to the normal application fee
prior to the issuance of a Construction Code permit.
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K.
IBC Section 108.6 shall be deleted in its entirety.
L.
Sections 109.3, 109.4, 109.5, and 109.6 of the International
Building Code/2006, or such future edition as may be adopted from
time to time, shall be deleted, and the Borough hereby adopts Sections
403.45, 403.64, and 403.86 of the L & I Regulations governing
inspections, with the changes set forth below:
L & I Regulations Section 403.64(g) shall
be deleted in its entirety.
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M.
IBC Section 110, Certificate of Occupancy, of the
International Building Code/2006, or such future edition as may be
adopted from time to time, is deleted. The Borough adopts Sections
403.46 and 403.65 of the L & I Regulations governing certificates
of occupancy. Sections 403.46 and 403.65 of the L & I Regulations
are amended as follows:
(1)
L & I Regulations Section 403.46(b) is amended
by adding the following subsection:
(10)
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A statement that the issuance of a certificate
of occupancy shall not be deemed permission to occupy the structure
or commence a use if any other ordinance requires the issuance of
a permit or certificate prior to use and occupancy.
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(2)
L & I Regulations Section 403.65(b) is amended
by adding the following subsection:
(9)
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A statement that the issuance of a certificate
of occupancy shall not be deemed permission to occupy the structure
or commence a use if any other ordinance requires the issuance of
a permit or certificate prior to use and occupancy.
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N.
IBC Section 112, Board of Appeals, shall be amended
in its entirety to provide as follows:
112.1 Board of Appeals. The Borough hereby appoints the Central Lancaster County Uniform
Construction Code Board of Appeals as the Board of Appeals under the
Millersville Borough Construction Code. Members of the Central Lancaster
County Uniform Construction Code Board of Appeals shall be selected
in accordance with the intermunicipal agreement.
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112.2 Authority of Board of
Appeals. The Board of Appeals shall hear and rule on appeals,
requests for variances and requests for extensions of time. An application
for appeal shall be based on a claim that the true intent of the Pennsylvania
Construction Code Act or Uniform Construction Code has been incorrectly
interpreted, the provisions of the Pennsylvania Construction Code
Act or Uniform Construction Code do not fully apply or an equivalent
form of construction is to be used.
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112.3 Membership of Board of
Appeals. A member of the Board of Appeals shall be qualified
by training and experience to pass on matters pertaining to building
construction. Members of the governing body may not serve on the Board
of Appeals. A Board of Appeals member may not cast a vote or participate
in a hearing in any appeal, request for variance or request for extension
of time in which the member has a personal, professional or financial
interest.
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112.4 Operation of Board. The Board of Appeals may establish policies and procedures necessary
to carry out its duties in accordance with the intermunicipal agreement.
The Board shall annually select one of its members to serve as Chairperson
and one of its members to serve as Vice Chairperson. The Board of
Appeals shall keep minutes of its meetings and file a written decision
on all appeals under this Construction Code. The Board of Appeals
shall provide notice of and conduct its meetings in accordance with
the Sunshine Act, 65 Pa.C.S.A. § 701 et seq.
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112.5 Procedures for applications
and appeals. Any person desiring to file an application or
appeal to the Board of Appeals may file such appeal with the building
official. All applications and appeals to the Board of Appeals shall
be in writing and shall specify the section of this Construction Code
from which relief is sought or the action of the building official
which is the subject of the appeal. The written application or appeal
shall state all of the grounds for the application or appeal and shall
include any necessary plans or specifications to provide the Board
of Appeals with information to evaluate the application or appeal
and shall include the fee. No application appeal will be considered
complete without the necessary appeal fee. Any appeal from a determination
of the building official shall be filed within 30 calendar days of
the determination.
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112.5.1 Hearings. An
applicant or appellant who desires to present testimony to the Board
of Appeals shall request a hearing in the application or appeal. If
the applicant or appellant does not request a hearing, it will be
assumed that the Board of Appeals may render its determination based
on the written information submitted with the application or appeal
and any additional information available to members of the Board of
Appeals.
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112.5.2 Parties. The
Borough shall be considered a party to all appeals or applications
filed with the Board of Appeals. Other persons affected by the appeal
or application who have made timely appearances of record may also
be recognized as parties to the appeal or application.
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112.5.3 Decision. The
Board of Appeals shall render its decision in writing within any time
periods imposed in state laws or L & I Regulations. The Board
of Appeals shall provide the applicant or appellant, the building
official and the Borough with copies of the appeal.
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O.
IBC Section 113, Violations, shall provide as follows:
113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect,
construct, alter, extend, repair, remove, demolish, use or occupy,
or to permit the erection, construction, alteration, extension, repair,
removal, demolition, use or occupancy of, any building or structure
or equipment regulated by this Construction Code, or cause same to
be done, in conflict with or in violation of this Construction Code.
It shall also be unlawful for any person to place inaccurate or misleading
information on an application or plan or to omit relevant information
from an application or a plan submitted to the Borough.
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113.2 Notice of violation. The building official may serve a notice of violation on any person
responsible for the erection, construction, alteration, extension,
repair, removal, demolition, use, permission to use, occupancy, or
permission for occupancy of a building or structure or equipment in
violation of the provisions of this Construction Code, or in violation
of a detailed statement or a plan approved thereunder, or in violation
of a permit or certificate issued under the provisions of this Construction
Code. Such notice shall order discontinuance of the illegal action
or condition and the abatement of the violation. Notwithstanding the
foregoing, it shall not be a defense to an enforcement action that
the building official did not serve or that the defendant did not
receive a written notice of violation prior to the institution of
the enforcement action.
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113.2.1 If an inspection
reveals a violation of this Construction Code, the Construction Code
Official shall discuss the inspection results with the permit holder
at the completion of the inspection.
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113.2.2 When a violation
relates to an unsafe building, structure, or equipment, the building
official shall proceed in accordance with Section 403.84 of the L
& I Regulations.
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113.3 Prosecution of violation. If the Building Code Official has served a notice of violation and
the notice of violation is not complied with within the time specified
by the building official, or if the Building Code Official determines
that there is insufficient time to serve a notice of violation or
that such notice of violation will have no practical or beneficial
effect, the Building Code Official shall notify the Council of the
violation and shall request the Council to authorize institution of
enforcement proceedings against the violator and/or authorize the
Borough Solicitor to institute the appropriate proceedings at law
or in equity to restrain, correct or abate such violation or to require
the removal or termination of the unlawful use of the building or
structure in violation of the provisions of this Construction Code
or of the order or direction made pursuant thereto. Notwithstanding
the foregoing, the Building Code Official may institute summary enforcement
proceedings without prior authorization of the Council.
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113.4 Violation penalties. Any person who shall violate a provision of this Construction Code
or who shall fail to comply with any of the requirements thereof or
who shall erect, construct, alter, extend, repair, remove, demolish,
use or occupy, or permit the use or occupancy of any building or structure
or equipment regulated by this Construction Code in violation of the
provisions of this Construction Code or of an approved plan or of
a directive of the building official or of a permit or certificate
issued under the provisions of this Construction Code or who shall
permit the use, occupancy, erection, construction, alteration, extension,
removal, demolition or repair of the building or structure or equipment
in violation thereof, shall, upon being found guilty in an enforcement
proceeding commenced by the Borough, pay a penalty of not less than
$200 and not more than $1,000 for each violation plus all costs of
prosecution, which fines and penalties may be collected as provided
by law. Each day that a violation continues shall be deemed a separate
offense, and each section of this Construction Code which is violated
shall be deemed a separate offense. The building official may request
the Police Department to make arrests for any offense against this
Construction Code or orders of the building official affecting the
immediate safety of the public.
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113.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude
the Borough Solicitor or the building official from instituting appropriate
action to prevent the unlawful construction, or to restrain, correct,
or abate a violation, or to prevent illegal occupancy of a building,
structure or premises, or to stop an illegal act, conduct, business,
or use of a building or structure on or about any premises.
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P.
IBC Section 114.3 shall provide as follows:
114.3 Unlawful continuance. Any person who shall continue any work in or about the structure
after having been served with a stop-work order, except such work
as that person is directed to perform to remove a violation or unsafe
condition, shall commit a violation of this Construction Code and
shall be subject to penalties or fines as provided in Section 113.4
and remedies as provided in Section 113.5.
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Q.
IBC Section 115, Unsafe Structures and Equipment,
of the International Building Code/2006, or such future edition as
may be adopted from time to time, is deleted. The Borough adopts Section
403.84 of the L & I Regulations governing unsafe buildings, structures,
or equipment.
R.
Table R301.2(1) of the International Residential Code/2006,
or such future edition as may be adopted from time to time, is hereby
completed by inserting the following information:
Ground snow load: 30 pounds per square foot.
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Wind speed (mph): 90 mph.
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Seismic design category: A, B, C, D.
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Weathering: severe.
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Frost line depth: 30 inches.
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Termite: moderate to heavy.
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Decay: slight to moderate.
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Winter design temperature: 10°.
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Ice shield underlayment required: yes.
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Flood hazard: FIRM Map in effect as of the date
of this article and as may be revised in 2004-2005.
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Air freezing index: 1,000.
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Mean annual temperature: 50°.
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