That certain document, three copies of which are on file in the office of the Township of Nether Providence, being marked and designated as the "BOCA National Property Maintenance Code, Fifth Edition, 1996" as published by the Building Officials & Code Administrators International, Inc., be and is hereby adopted as the Property Maintenance Code of the Township of Nether Providence for the control of buildings and structures as herein provided; and each and all of the regulations of the BOCA National Property Maintenance Code, Fifth Edition, 1996, including Articles 1 through 9, inclusive, and Appendixes A, B and C, 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 §
199-2 of this chapter.
The following sections are hereby revised to
read as follows:
PM-101.1 Title: These regulations
shall be known as the "Property Maintenance Code of the Township of
Nether Providence," hereinafter referred to as the "Property Maintenance
Code" or "this code."
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PM-106.2 Penalty: Any person, firm or corporation who shall violate any provision of this code shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Art. II, Violations and Penalties, § 1-16, Building, health and safety violations, at the discretion of the court. Each day that a violation continues after due notice has been served in accordance with the terms and provisions hereof shall be deemed a separate offense.
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PM 302-1 General: Premises – a lot, plot
or parcel of land including any structures thereon, and including
any area of right-of-way located between the lot, plot or parcel of
land and any public street on which such lot, plot or parcel of land
fronts, abuts or is located. [Added 11-29-2018 by Ord.
No. 802]
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PM-304.15 Insect screens: Every
door, window and other outside opening used or required for ventilation
purposes serving any building containing habitable rooms, food preparation
areas, food service areas, or any areas where products used in food
for human consumption are processed, manufactured, packaged or stored
shall be supplied with approved tightly fitting screens of not less
than 16 mesh per inch, and every swinging door shall have a self-closing
device in good working condition.
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Exception: Screen doors shall not
be required for out-swinging doors or other types of openings which
make screening impractical, provided that other approved means, such
as air curtains or insect repellent fans, are employed.
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SECTION PM-602.0 HEATING FACILITIES
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PM-602.2 Residential buildings:
Every dwelling shall be provided with heating facilities capable of
maintaining a room temperature of 65º F. (18º C.) at a level
of three feet (914 millimeters) above the floor and a distance of
three feet (914 millimeters) from the exterior walls in all habitable
rooms, bathrooms and toilet rooms based on the outside design temperature
required for the locality by the mechanical code listed in Appendix
A.
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Every owner and operator of any building who
rents, leases or lets one or more dwelling unit, rooming unit, dormitory
or guest room on terms, either express or implied, to furnish heat
to the occupants thereof shall supply sufficient heat during the periods
required by the laws of the Commonwealth of Pennsylvania to maintain
a room temperature of not less than 65º F. (18º C.) in all
habitable rooms, bathrooms and toilet rooms during the hours between
6:30 a.m. and 10:30 p.m. of each day and not less than 60º F.
(16º C.) during other hours. The temperature shall be measured
at a point three feet (914 millimeters) above the floor and three
feet (914 millimeters) from the exterior walls. When the outdoor temperature
is below the outdoor design temperature required for the locality
by the mechanical code listed in Appendix A, the owner or operator
shall not be required to maintain the minimum room temperatures, provided
that the heating system is operating at full capacity, with supply
valves and dampers in a full open position.
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PM-602.3 Nonresidential structures: Every enclosed, occupied work space shall be supplied with sufficient
heat during the periods required by the laws of the Commonwealth of
Pennsylvania to maintain a temperature of not less than 65º F.
(18º C.) during all working hours. The temperature shall be measured
at a point three feet (914 millimeters) above the floor and three
feet (914 millimeters) from the exterior walls.
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Exceptions:
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1.
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Processing, storage and operation areas that
require cooling or special temperature conditions.
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2.
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Areas in which persons are primarily engaged
in vigorous physical activities.
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PM-602.2.1: Insert "heat, October
1, to May 1."
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Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding pending 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 §
199-2 of this chapter, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
[Added 9-9-1999 by Ord. No. 638]
A. No wall, fence or other structure or sign may be erected
or altered or a hedge, tree, shrub or other growth be maintained so
as to cause an obstruction of view or other danger to motorists or
pedestrians traversing any public sidewalk, street, highway or roadway
in the Township.
B. All trees and shrubs planted on private property whose
parts or limbs overhang a public sidewalk, street, highway or roadway
in the Township shall be kept trimmed by the owner of the same such
that no part or limb interferes with the safe passage of vehicles
(including fire and emergency vehicles) traversing such public sidewalk,
street, highway or roadway in the Township.
[Added 4-10-2003 by Ord. No. 672]
A. In order to preserve, protect and maintain the community's
health, safety, general welfare and ambiance, buildings damaged by
an act of God or fire which have damaged windows, doors or other portals
must immediately be protected by boarding for a period of time not
in excess of 90 calendar days upon approval of the Township Code Enforcement
Officer. At the expiration of said period of time, the window, door
or other portal must be completely restored with an appropriate functioning
door or window.
B. In all other instances where windows, doors or other
portals have been subject to damage or destruction, immediate or temporary
covering or boarding will only be permitted for a period of time not
in excess of five working days upon approval by the Township Code
Enforcement Officer. At the expiration of said period of time the
window, door or other portal shall be restored with an appropriate
functioning door or window.
C. The Township Code Enforcement Officer, in his/her
discretion, may extend the permitted period of time where it can be
determined that uncontrollable circumstances warrant said extension.
[Added 9-11-2003 by Ord. No. 676]
A. A carbon monoxide detector approved by Underwriters
Laboratories or equally acceptable testing laboratory shall be required
for new construction and existing residential dwelling units, including
multifamily, in all instances that a certificate of use and occupancy
shall be required.
(1) Carbon monoxide 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.
(2) If the carbon monoxide detector is powered by electricity,
it shall be primarily or secondarily powered by battery and shall
be constructed to emit an audible or visual signal that its batteries
require recharge.
(3) Definitions. For purposes of this section, the following
words shall have the following meaning:
CARBON MONOXIDE DETECTOR
A carbon monoxide detector is a device which sends
an audible alarm when activated by sensing invisible particles of
carbon monoxide. A carbon monoxide detector is deemed approved for
purposes of this section if it complies with all applicable state
and federal regulations and bears the label of a nationally recognized
standard testing laboratory, and meets the revised standard of at
least UL2034 dated October 1, 1995, and all subsequent revisions or
their equivalent.
(4) Exception. The provisions of this section are repealed
as to any building or residential unit which does not contain or use
any fossil fuels or other producers of carbon monoxide. This exception
shall apply upon a finding or demonstration that:
[Added 3-13-2008 by Ord. No. 728]
(a)
No fossil fuels are used or stored in any part
of the building;
(b)
The building does not include an attached garage;
and
(c)
The building does not include any fireplaces
wherein wood or fossil fuels may be burned.
B. Installation, use and maintenance. The Nether Providence
Township Fire Marshall shall issue rules and regulations consistent
with the provisions of this chapter for the implementation and administration
relating to the installation, use and maintenance of carbon monoxide
detectors.
C. Violations and penalties. Any person, firm or corporation
who shall violate any provision of this section shall, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000 and/or
to imprisonment of a term not to exceed 90 days. Every day that a
violation of this section continues shall constitute a separate offense.