A certain document, three copies of which are on file in the office of the Township Manager of Horsham Township, being marked and designated as the International Property Maintenance Code, 2018 edition (and all successor editions), as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Horsham Township, in the State of Pennsylvania for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Town Manager are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in §
164-2 of this chapter.
The following sections are hereby revised:
A. Section 101.1 Title. Insert "Horsham Township."
B. Section 103.1 General. Delete and replace with:
103.1 General. The Township Code Enforcement Department shall serve as the department of property maintenance and the Building Code Official shall serve as the code official under this Chapter
164.
C. Section 103.5 Fees. Insert "Horsham Township fee schedule."
D. Section 104 Duties and powers of the Code Official. Add the following:
104.7 Housing Permit. No person shall lease or
rent any dwelling, dwelling unit or rooming unit in the Township without
first making application to and obtaining a permit from the code official
to rent or lease such dwelling unit or rooming unit.
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104.7.1 Initial Inspection. A housing
permit shall be initially issued after an inspection by the code official
determines compliance with the standards of this code and all other
applicable standards of the Township.
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104.7.2 Term. Housing permits shall
be issued for a term of three years and may be renewed for successive
three-year terms so long as the unit or units remain in compliance
with the applicable standards.
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104.7.3 Periodic Inspections. The Township
will inspect all rental units within the three-year permit term.
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104.7.4 Permit Application. A housing
permit application shall set forth the name of the applicant, together
with the address of the dwelling, the dwelling unit (or units) or
the rooming unit (or units) which are or will be offered for rent
and such other information as may be required by the code official;
such application will constitute an agreement between the applicant
and the Township for the faithful compliance by the applicant and
all agents, servants, employees or representatives of the applicant
with all ordinances, rules and regulations of the Township now in
effect or hereafter adopted relating to the basic equipment, physical
condition, maintenance and occupancy of dwellings and dwelling units.
An amended application shall be submitted for a change of tenant.
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104.7.5 Permit Fees. A housing permit
fee shall be paid by the applicant at the time or permit application
in accordance with the Horsham Township fee schedule.
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104.7.6 Owner or Agent. A housing permit
will not be issued or renewed for any person who does not either reside
or have an office in the County of Montgomery, Commonwealth of Pennsylvania
unless he designates in writing an agent with a mailing address within
15 miles of Horsham Township for the receipt of any notice issued
with respect to this code.
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E. Section 106.5 Abatement of violation. Delete and replace with: 106.5 Abatement of Violation. The imposition of the penalties
herein prescribed shall not preclude the Township from instituting
appropriate action 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 utilization of the building,
structure or premises.
F. Section 111.2 Membership of board. Is hereby amended to reflect that
all appeals under Property Maintenance Code shall be made to and heard
by the board appointed pursuant to the UCC.
G. Sections 111.2.1, 111.2.2, 111.2.3, 111.2.4 and 111.2.5 shall be
deleted.
H. Section 112.4 Failure to comply. Insert "$250" and "$1,000."
I. Section 302.4 Weeds.
Insert "six inches."
Add the following sentence at the end of the first paragraph:
"This section shall apply to within 200 feet of any habitable or occupiable
structures or buildings."
J. Section 304.14 Insect screens. Insert "May 1 to November 1" where
appropriate.
K. Section 305.3 Interior surfaces. Add: 305.3.1 Mold. Mold
shall be removed from rental units by a certified mold remediation
company and a report documenting the mold remediation shall be provided
to the code official.
L. Section 307.1 General. Amend the last sentence to read as follows:
"Guards shall not be less than 36 inches (914 mm) high above the floor
of the landing, balcony, porch, deck, or ramp or other walking surface."
M. Section 602.3 Heat Supply.
Insert "September 1 to May 1" where appropriate.
Add: 602.3.1 Temporary/Portable Space Heaters. Temporary/portable
space heaters are prohibited in rental units. Examples include kerosene,
propane and electric space heaters.
N. Section 602.4 Occupiable work spaces. Insert "September 1 to May
1" where appropriate.
O. Section 702 Mean of Egress. Add: 702.5 Fire Escapes. Exterior fire escapes must be maintained in good structural and
working order.
P. Section 704 Fire protection systems. Add: 704.8 Fire Extinguishers. In all rental units a minimum size three-pound A.B.C. fire extinguisher
must be located in a visible location near or in all kitchen areas.
Fire extinguishers must be replaced per manufacturer specifications
or at least every 10 years, whichever period is shorter.
Ordinance No. 2019-05 of Horsham Township entitled an "Ordinance
of Horsham Township adopting the 2015 Edition of the International
Property Maintenance Code" and all other ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Nothing in this article or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in §
164-3 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
Any person who shall violate any of the provisions of this article
shall, upon conviction before a District Justice, be subject to a
penalty of not less than $200 nor more than $500, plus costs of prosecution,
and, in default of payment of such fine and costs, to imprisonment
not to exceed 30 days, or both such fine and imprisonment. Each day
that a violation continues may be regarded as a separate offense and
punishable as such. In addition to the summary proceedings described
above, the Township may also enforce provisions of this chapter in
a court of equity.
In order to promote the public health, safety, and welfare,
the Township Council finds and declares that all sellers of residential
property in the Township shall be required to file with the Township
and deliver to the purchaser not later than the settlement date for
the sale of the property a certification indicating the property's
compliance status with the requirements of the Township Code relating
to curbs, sidewalks, smoke alarms, and house numbering.
As used in this article, the following words and phrases shall
have the meanings indicated:
OWNER
Any person, partnership, association, corporation, or fiduciary
having legal or equitable title or any interest in any real property.
Whenever used in any clause prescribing or imposing a penalty, the
term "owner," as applied to partnerships and associations, shall mean
the partners, or members thereof, and as applied to corporations,
the officers thereof.
PROPERTY
All real property, or any interest therein, situated in Horsham
Township, Montgomery County, Pennsylvania.
PURCHASER
Any person, partnership, association, corporation, or fiduciary
that will receive legal or equitable title or any interest in any
real property from the owner.
RESIDENTIAL PROPERTY
Property located within the R-1, R-2, R-2A, R-3, R-4, R-5,
R-6, R-7, MDH, RGCC, MR-1, or MR-2 Zoning Districts of Horsham Township
or properties containing a residential use within any zoning district
of Horsham Township.