This chapter shall be known and may be cited
as the "Certificate of Use and Occupancy Ordinance."
In order to promote the health and safety of
persons occupying properties within the Township of Nether Providence,
these rules and regulations are created to require the obtaining of
a certificate of use and occupancy upon the sale, lease or change
in occupancy or use of all or part of any building and to set forth
the actions to be taken and the requirements for obtaining a certificate
of use and occupancy.
As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING
The same meaning as defined in the Nether Providence Township
Zoning Code.
BUSINESS PROPERTIES
Includes all properties used for business, professional and
nonresidential purposes, portions of residential properties not used
exclusively for residential purposes (including the portions of dwellings
that have a home occupation which has customers and/or clients who
visit the property), multifamily dwellings and all other properties
not included within the definition of "residential properties" in
which follows.
CODE ENFORCEMENT OFFICER
Includes any private company retained by the Township to
conduct inspections and/or to administer the requirements of this
chapter.
MULTIFAMILY DWELLINGS
Includes all residential properties having three or more
dwelling units contained within the same building.
RESIDENTIAL PROPERTIES
Includes all single-family detached dwellings, single-family
semidetached dwellings, two-family detached dwellings, two-family
semidetached dwellings and townhouse dwellings and which are used
exclusively for residential purposes as the terms are defined in the
Township Zoning Code.
STRUCTURE
The same meaning as defined in the Nether Providence Township
Zoning Code.
TOWNSHIP
The Township of Nether Providence, Delaware County, Pennsylvania.
TOWNSHIP ZONING ORDINANCE
The Zoning Code of the Township of Nether Providence, as presently contained in Chapter
300 of the Codified Ordinances of Nether Providence Township, and any future amendments thereto.
No certificate of use and occupancy will be
issued with respect to any building or structure unless and until
the Zoning Officer certifies that:
A. The proposed use conforms with the requirements of
the Township Zoning Ordinance or that the proposed use is a legal
nonconforming use or that the proposed use has been approved by the
Township Zoning Hearing Board; and
B. There are no known dimensional variances with the
Township Zoning Ordinance or that such dimensional variances that
do exist are legal nonconforming dimensional variances or that such
dimensional variances that do exist have been approved by the Township
Zoning Hearing Board.
For the purposes of the discharge of his/her
duties, the Code Enforcement Officer shall have the authority to enter
any building at any reasonable hour.
No certificate of use and occupancy will be
issued with respect to any building or structure used as a business
property unless and until the Code Enforcement Officer of the Township
of Nether Providence certifies that the structure or building complies
with the following requirements:
A. All exit or discharge doors shall be provided with
panic hardware or fire exit hardware.
B. All exits shall be marked by a readily visible sign.
Access to all exits shall be marked by readily visible signs indicating
the direction of travel where the exit or route to the exit is not
immediately visible to the occupants. An exit sign shall have "EXIT"
printed in plainly legible letters not less than six inches in height
and not less than 3/4 inches in width.
C. Fire extinguishers shall be provided as follows:
(1) One 2A-rated fire extinguisher shall be provided per
floor, including basement;
(2) One 10-B-rated fire extinguisher shall be provided
in each kitchen area equipped with cooking facilities; and
(3) All fire extinguishers shall be visible, accessible
and maintained in an efficient and safe operating condition.
D. Manual fire alarms shall be provided in buildings
more than two stories in height with more than 5,000 square feet of
floor space above the second story.
E. Sidewalks and curbs are in good condition. Any sidewalk
block which is fragmented and/or deteriorating, excluding hairline
cracks, must be replaced. Curbing which is deteriorating or missing
must be replaced.
F. Every flight of stairs which is more than four risers
high shall have a hand rail on at least one side of the stair. Handrails
shall not be less than 30 inches high nor more than 42 inches high,
measured vertically above the nosing of the stair tread.
G. Every open portion of any stair, landing or balcony
which is more than 30 inches above the floor or grade shall have guard
rails. Guard rails shall be not less than 30 inches high above the
stair, landing or balcony.
H. Automatic fire detection systems shall be installed
and in working order as required by the BOCA National Building Code
and all applicable Township Fire Prevention Code(s).
I. In the case of additions, alterations, repairs or
changes of occupancy to which the BOCA National Building Code, as
approved and adopted by the Township of Nether Providence, applies,
the building or structure shall be in compliance with the requirements
of said BOCA National Building Code.
J. There are no known violations of any Township ordinance
pertaining to the subject property that have not been resolved, including
the full payment of any and all costs and fines assessed against the
owner of the property.
No certificate of use and occupancy will be
issued with respect to any building or structure used as a residential
property unless and until the Code Enforcement Officer of the Township
of Nether Providence certifies that the structure or building complies
with the following requirements:
A. House numbers must be affixed to or painted or carved
upon such building or upon a permanent standard, base or support between
such building and the street. Each number shall be at least three
inches high and shall be of such color and materials as to be visible
from the street.
B. Smoke detectors are to be installed and in working
condition with at least one unit on each occupied floor, including
the basement. A unit located on floors with sleeping quarters shall
be placed in or near the area intended or likely to be used for sleeping.
If the unit is powered by electricity, it shall be primarily or secondarily
powered by battery and shall be constructed so as to give off an audible
or visual signal that its batteries require replacement or recharge.
C. Sidewalks and curbs are in good condition. Any sidewalk
block which is fragmented and/or deteriorating, excluding hairline
cracks, must be replaced. Curbing which is deteriorating or missing
must be replaced.
D. All hot-water heaters and boilers must have the relief
valve extended to within six inches of the floor elevation.
E. Every flight of stairs which is more than four risers
high shall have a hand rail on at least one side of the stair. Handrails
shall not be less than 30 inches high nor more than 42 inches high,
measured vertically above the nosing of the stair tread.
F. Every open portion of any stair, landing or balcony
which is more than 30 inches above the floor or grade shall have guard
rails. Guard rails shall be not less than 30 inches high above the
stair, landing or balcony.
G. In the case of additions, alterations, repairs or
changing use to which the BOCA National Building Code, as approved
and adopted by the Township of Nether Providence, applies, the building
or structure shall be in compliance with the requirements of said
BOCA National Building Code.
H. There are no known violations of any Township ordinance
pertaining to the subject property that have not been resolved, including
the full payment of any and all costs and fines assessed against the
owner of the property.
This ordinance is not intended to supersede nor shall it be construed to imply the superseding of any Building Fire and Safety or Property Maintenance Code, including all BOCA Code(s) as approved and adopted by the Township of Nether Providence or any building code or ordinance subsequently adopted by said Township, and specifically the requirements thereof with respect to the obtaining of a certificate of use and occupancy and in accordance with §
103-5 of this chapter. Such requirements shall continue to apply to all buildings and structures as defined and upon the terms and conditions as set forth in said BOCA National Building Code, BOCA Property Maintenance Code and all other BOCA codes adopted by Township.
In the event that any unit of the building fails
to pass said inspection under this chapter, the Code Enforcement Officer
shall notify the owner or his/her agent of the defects, in writing,
immediately upon completion of his/her report, giving the owner or
his/her agent 10 days to correct said defects noted in a written inspection
report.
Any person who violates any provision of this
chapter as determined before a District Justice of competent jurisdiction
shall pay a civil penalty of not more than $1,000. Any fine or levy
shall be collectible along with the cost of prosecution before the
District Justice as like fines and penalties are now by law collected.
Each day of occupancy without an occupancy permit shall constitute
a separate offense.
This chapter shall be effective January 1, 1999.