A.
DWELLING
DWELLING UNIT
GARBAGE
HABITABLE ROOM
HOTEL
MULTIPLE DWELLING
OCCUPANT
OPERATOR
ROOMING HOUSE
ROOMING UNIT
RUBBISH
As used in this article, the following terms shall have the meanings
indicated:
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants.
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.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A room occupied by one or more persons for living, eating
or sleeping; includes kitchens serving multiple or individual dwellings,
but does not include serving and storage pantries, corridors, cellars
and spaces that are not used frequently or during extended periods.
A dwelling, not a single-family or a two-family dwelling,
providing lodging with or without meals and having lodging accommodations
for more than 10 guests.
Any dwelling containing more than two dwelling units.
Any person over one year of age, living, sleeping, cooking
or eating in or having actual possession of a dwelling unit or rooming
unit.
Any person who has charge, care or control of a building
or part thereof in which dwelling units or rooming units are let.
A dwelling, not a single-family or a two-family dwelling,
providing lodging with or without meals and having lodging accommodations
for less than 10 guests.
Any room or group or rooms forming a single habitable unit
used or intended to be used for living and sleeping but not for cooking
or eating purposes.
Combustible and noncombustible waste materials, except garbage,
and shall include the residue from the burning of wood, coal, coke
and other combustible material, paper, rags, cartons, boxes, wood,
excelsior, rubber, leather, tree branches, yard trimmings, tin, cans,
metals, mineral matter, glass, crockery and dust.
B.
Meaning of certain words. Whenever the words "dwelling," "dwelling
unit," "rooming house," "rooming unit" or "premises" are used in this
chapter, they shall be construed as though they were followed by the
words "or part thereof."
The Health Officer is hereby authorized to make inspections
to determine the condition of dwellings, dwelling units, rooming units
and premises located within the Borough in order that he/she may perform
his duty of safeguarding the health and safety of the occupants of
dwellings and of the general public. For the purpose of making such
inspections, the Health Inspector is hereby authorized to enter, examine
and survey, at all reasonable times, all dwellings, dwelling units,
rooming units and premises. The owner or occupant of every dwelling,
dwelling unit and rooming unit or person in charge thereof shall give
the Health Inspector free access to such dwelling, dwelling unit or
rooming unit and its premises, at all reasonable times, for the purpose
of such inspection, examination and survey. Every occupant of a dwelling
or dwelling unit shall give the owner thereof or his agent or employee
access to any part of such dwelling or dwelling unit or its premises,
at all reasonable times, for the purpose of making such repairs or
alterations as are necessary to effect compliance with the provisions
of this chapter or with any lawful rule or regulation adopted or any
lawful order issued pursuant to the provisions of this chapter.
A.
Whenever the Health Officer determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this chapter or of any rule or regulation adopted pursuant thereto,
he/she shall give notice of such alleged violation to the person or
persons responsible therefor, as hereinafter provided.
(1)
Such notice shall:
(a)
Be in writing.
(b)
Include a statement of the reasons why it is being issued.
(c)
Allow a reasonable time for the performance of any act it requires.
(d)
Be served upon the owner or his agent or the occupant, as the
case may require, provided that such notice shall be deemed to be
properly served upon such owner or agent or upon such occupant if
a copy thereof is served upon him/her personally or if a copy thereof
is sent by registered mail to his last known address or if a copy
thereof is posted in a conspicuous place in or about the dwelling
affected by the notice or if he/she is served with such notice by
any other method authorized or required under the provisions of this
chapter.
(2)
Such notice may contain any outline of remedial action which, if
taken, will effect compliance with the provisions of this chapter
and with rules and regulations adopted pursuant thereto.
B.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this chapter, or of any rule
or regulation adopted pursuant thereto, may request and shall be granted
a hearing on the matter before the Board or Borough Council, provided
that such person shall file in the office of the Health Officer a
written petition requesting such hearing and setting forth a brief
statement of the grounds therefor within 10 days after the day the
notice was served. Upon receipt of such petition, the Board or Borough
Council shall set a time and place for such hearing and shall give
the petitioner written notice thereof. At such hearing, the petitioner
shall be given an opportunity to be heard and to show why such notice
should be modified or withdrawn. The hearing shall be commenced not
later than 10 days after the day on which the petition was filed,
provided that, upon application of the petitioner, the Health Officer
may postpone the date of the hearing for a reasonable time beyond
the ten-day period if, in his judgment, the petitioner has submitted
a good and sufficient reason for such postponement.
C.
After such hearing, the Board shall sustain, modify or withdraw the notice, depending upon its findings, as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Board or Health Officer sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to § 168-69 of this chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the Health Officer within 10 days after such notice is served.
D.
The proceedings at such hearing, including the findings and decision
of the Board or Borough Council, shall be summarized, reduced to writing
and entered as a matter of public record in the office of the Health
Officer. Such record shall also include a copy of every notice or
order issued in connection with the matter. Any person aggrieved by
the decision of the Board or Health Officer may seek relief therefrom
in any court of competent jurisdiction.
E.
Whenever the Health Inspector finds that an emergency exists which
requires immediate action to protect the public health, he/she may,
without notice or hearing, issue an order reciting the existence of
such an emergency and requiring that such action be taken as he/she
deems necessary to meet the emergency.
F.
Notwithstanding the other provisions of this chapter, such order
shall be effective immediately. Any person to whom such order is directed
shall comply therewith immediately but, upon petition to the Board
or Borough Council, shall be afforded a hearing as soon as possible.
After such hearing, depending upon its finding as to whether the provisions
of this chapter and of the rules and regulations adopted pursuant
thereto have been complied with, the Health Officer shall continue
such order in effect or modify it or revoke it.
A.
All dwellings and dwelling units located on or adjacent to a street in which a public water main is laid shall use a public water supply which meets the requirements of Article IV of this chapter, and water shall be distributed through the building as to furnish adequate quantities of wholesome water, with reasonable facilities for drinking and washing purposes, for the occupants thereof.
B.
All dwellings and dwelling units so located that a public water supply is not accessible shall be furnished with a water supply which shall meet the requirements of Article IV of the chapter. Such water supply shall also be so distributed through the building as to furnish adequate quantity of wholesome water, with reasonable facilities for drinking and washing purposes, for the occupants thereof.
C.
A dwelling so located as to be accessible to a Borough sanitary sewer
shall have the drainage system of the building connected thereto.
A dwelling so located as to be inaccessible to a Borough sanitary
sewer shall have the drainage system of the building connected to
a private sewage system which meets the requirements of Plumbing Code
of the Borough of Eddystone.[1]
D.
Every dwelling unit shall contain a kitchen sink, a water closet,
a hand lavatory and a bathtub or shower, all of which shall be in
good repair and working condition. Every kitchen sink, hand lavatory
and bathtub or shower shall be properly connected and supplied with
both hot and cold running water. All plumbing pipes and fixtures shall
be installed and maintained in accordance with the provisions of the
Plumbing Code of the Borough of Eddystone.[2] In all dwellings and dwelling units, the bathroom or water
closet compartment floor surface shall be constructed of a material
impervious to water and shall be kept in a clean and sanitary condition.
A finished wood floor is not acceptable.
E.
All garbage and rubbish must be kept in a clean and sanitary manner
and stored in approved watertight containers with tight-fitting lids
of not more than 30 gallons' capacity. The operator of a multiple
dwelling shall provide proper containers and shall provide for the
removal of garbage and rubbish from the premises so as to maintain
satisfactory sanitary conditions.
F.
Every dwelling shall have supplied water-heating facilities which
are properly installed, are maintained in safe and good working condition,
are properly connected with the hot water lines required under the
provisions of the Plumbing Code of the Borough Eddystone and are capable
of heating water to such a temperature as to permit an adequate amount
of water to be drawn at every required kitchen sink, lavatory basin,
bathtub or shower at a temperature of not less than 120° F. Such
supplied water-heating facilities shall be capable of meeting the
requirements of this section when the dwelling or dwelling unit heating
facilities required under the provisions of the Plumbing Code are
not in operation.
G.
Every dwelling unit shall have two safe, unobstructed means of egress
leading to safe and open space at ground level.
A.
Every habitable room shall have one or more windows opening directly
on a street or on a court or yard or shall be provided with an approved
means of mechanical ventilation as prescribed in this article.
B.
Windows shall have an area between stop beads of not less than 10%
of the floor area of the room served by them and, in addition, shall
not be less than 12 square feet in area for habitable rooms and public
halls and eight square feet for bathrooms and similar rooms, provided
that where a water closet occupies a separate compartment 40 square
feet or less in area, the minimum requirement shall be four square
feet. At least 50% of the required window area shall be arranged to
open for ventilation. Where 100% of the window area is arranged to
open for ventilation, the window area required for separate water
closet compartments 40 square feet or less in area may be reduced
to not less than three square feet. In lieu of windows in habitable
rooms, the glass areas in exterior doors may be accepted for 100%
of the light requirements but not more than 50% of the ventilation
requirements.
C.
The area of skylights permitted by this article shall be not less
than required for windows which they replace. At least 50% of the
required area shall be made available as clear ventilating area by
means of movable sash, louvers or similar devices.
D.
When mechanical ventilation is required, or is permitted as an alternative,
the system shall be designed and constructed in accordance with generally
accepted good practice to provide the necessary changes in air, but
not less than one cubic foot of air per minute shall be provided for
each square foot of floor area in any case. Such system shall be kept
in continuous operation at all times during the normal occupancy of
the building.
E.
All dwellings and dwelling units shall be supplied with electric
service of at least two separate and remote floor- or wall-type electrical
convenience outlets in every habitable room. Every public hall, water
closet compartment, bathroom, laundry room and furnace room shall
contain at least one electric light fixture. The electric service
in all multiple dwellings must be installed with the approval of underwriters
insuring properties in the Borough. When artificial lighting is required,
all habitable rooms shall have sufficient light to produce an intensity
of not less than 15 footcandles at 30 inches from the floor.
F.
All dwellings and dwelling units shall have heating facilities which
shall be properly installed, safely maintained and in good working
condition. All habitable rooms, bathrooms and toilet rooms shall be
heated to a temperature of at least 68° F. at a distance four
feet above the floor level and not closer than three feet to an outside
wall, window or door at all times. Portable heating equipment employing
a flame and using gasoline or kerosene does not meet the standards
of this chapter and is prohibited.
G.
Every public hall and public stairway in a multiple dwelling shall
be lighted by means of electrically lighted fixtures. Such lighting
fixtures shall provide two footcandles of light in every part of the
public hall and public stairway at all times; provided, however, that
such electrical lighting may be omitted from sunrise to sunset where
there are windows or skylights opening directly to the outside and
where the total window or skylight area provides two footcandles of
natural light to all parts of each such public hall or stairway.
H.
All dwellings and dwelling units shall be furnished with screens
for every door and window opening directly to outdoor space. In multiple
dwellings,it shall be the responsibility of the operator to furnish
and hang the screens. Screens shall have a mesh of not less than No.
14 and shall be hung not later than June 1 and not removed before
November 1 of each year. Screens shall not be required during such
period in rooms deemed by the Health Officer to be located high enough
in the upper stories of buildings as to be free from insects and in
rooms located in areas which are deemed by the Health Officer to have
so few insects as to render screens unnecessary.
A.
Every foundation, floor, wall, ceiling and roof shall be reasonably
weathertight, watertight and rodentproof; shall be capable of affording
privacy; and shall be kept in good repair.
B.
Every window, exterior door and basement hatchway shall be reasonably
weathertight, watertight and rodentproof and shall be kept in sound
working condition and good repair.
C.
Every inside and outside stair, every porch and every appurtenance
thereto shall be so constructed as to be safe to use and capable of
supporting the load that normal use may cause to be placed thereon
and shall be kept in sound condition and good repair.
D.
Every supplied facility, piece of equipment or utility which is required
under this chapter shall be so constructed or installed that it will
function safely and effectively and shall be maintained in satisfactory
working condition. All dwellings and dwelling units shall be supplied
with cooking equipment which meet the following minimum standards:
E.
No owner, operator or occupant shall cause any service, facility,
equipment or utility which is required under this chapter to be removed
from or shut off from or discontinued for any occupied dwelling let
or occupied by him/her, except for such temporary interruption as
may be necessary while actual repairs or alterations are in process
or during temporary emergencies when discontinuance of service is
approved by the Health Officer.
A.
Every dwelling unit shall contain at least 150 square feet of floor
space for the first occupant thereof and at least 100 additional square
feet of floor space for every additional occupant thereof, the floor
space to be calculated on the basis of total habitable room area.
B.
In every dwelling unit of two or more rooms, every room occupied
for sleeping purposes by one occupant shall contain at least 70 square
feet of floor space, and every room occupied for sleeping purposes
by more than one occupant shall contain at least 50 square feet of
floor space for each occupant. Such rooms shall have a minimum width
of six feet in any part and a minimum clear ceiling height of seven
feet six inches for the minimum area.
C.
Emergency shelters, if erected, shall conform to all federal and
state regulations heretofore or hereafter enacted.
D.
No space below ground shall be used as a habitable room or dwelling
unit unless:
(1)
The floor and walls are impervious to leakage of underground and
surface runoff water and are insulated against dampness.
(2)
The total window area in each room is equal to at least the minimum window area sizes as required in § 168-71B of this chapter.
(3)
Such required minimum window area is located entirely above the grade
of the ground adjoining such window area.
A.
Every owner of a multiple dwelling shall be responsible for maintaining
in a clean and sanitary condition the halls, stairs and public area
of the building and premises thereof.
B.
Every occupant of a dwelling or dwelling unit shall keep in a clean
and sanitary condition that part of the dwelling, dwelling unit and
premises thereof which he/she occupies and controls.
C.
No owner shall occupy or let to any other occupant any vacant dwelling
unit unless it is clean, sanitary and fit for human occupancy.
D.
The owner of any multiple dwelling shall, whenever the same becomes
vacant, remove therefrom all papers or other combustible waste materials
accumulated therein or upon any part of the premises. All doors, windows
or other openings into such building shall be kept closed while the
same remains unoccupied.
E.
The owner of a multiple dwelling, and the occupant of a dwelling
or dwelling unit, shall be responsible for the extermination of insects,
rodents, vermin or other pests therein or on the premises.
A.
Every rooming house shall have at least one water closet, hand lavatory and bathtub or shower, in good working condition, properly, connected to a water and sewer system, for each eight persons or fraction thereof, including members of the operator's family where they share the use of such facilities. All such facilities shall be so located within the rooming house as to be accessible to the occupants of each rooming unit sharing such facilities without going outside the rooming house and without going through a dwelling unit or through a rooming unit of another occupant. Every hand lavatory and bathtub or shower shall be supplied with hot and cold running water at all times in accordance with the provisions of § 168-70D of this chapter. No plumbing facilities required under this section of this chapter shall be located in a cellar nor more than one floor distant from the rooming unit for which the same are provided.
B.
The operator of every rooming house shall change supplied bed linen
and towels therein at least once each week and prior to the letting
of any room to any occupant. The operator shall be responsible for
the maintenance of all supplied bedding in a clean and sanitary manner.
C.
Every rooming unit shall have safe, unobstructed means of egress
leading to safe and open space at ground level.
D.
The operator of every rooming house shall be responsible for the
sanitary maintenance of all walls, floors and ceilings and for maintenance
of a sanitary condition in every other part of the rooming house,
and he/she shall be further responsible for the sanitary maintenance
of the entire premises where the entire structure or building is leased
or occupied by the operator.
E.
Every provision of this chapter which applies to rooming houses shall
also apply to hotels.
A.
Any dwelling or dwelling unit which shall be found to have any of
the following defects shall be condemned as unfit for human habitation
and shall be so designated and placarded by the Health Officer:
(1)
One which is so damaged, decayed, dilapidated, insanitary, unsafe
or vermin-infested, or has been abandoned, that it creates a serious
hazard to the health or safety of the occupants or of the public.
(2)
One which lacks illumination, ventilation or sanitation facilities
adequate to protect the health or safety of the occupants or of the
public.
(3)
One which, because of its general condition or location, is insanitary
or otherwise dangerous to the health or safety of the occupants or
of the public.
B.
Any dwelling or dwelling unit condemned as unfit for human habitation
and so designated and placarded by the Health Officer shall be vacated
within a reasonable time as ordered by the Health Officer.
C.
No dwelling or dwelling unit which has been condemned and placarded
as unfit for human habitation shall again be used for human habitation
until written approval is secured from and such placard is removed
by the Health Officer. The Health Officer shall remove such placard
whenever the defect or defects upon which the condemnation and placarding
action were based have been eliminated.
D.
No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Subsection C.
E.
Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the Board or Borough Council, under the procedure set forth in Subsection C of this section.
