The Borough Council finds that with a volunteer fire department additional safeguards are required to protect the health, safety and welfare of individuals residing in group dwellings (a dwelling of more than five unrelated people living in a unit).
A sprinkler system that meets NFPA 13 or NFPA 13R standards shall be installed in every existing group dwelling containing more than five unrelated individuals as of the date of adoption of this chapter. Installation of sprinkler systems in these existing group dwellings shall be complete by August 1, 2008.
All rental residential properties within the Borough of East Stroudsburg shall have a property manager residing within a thirty-mile radius of East Stroudsburg Borough. By October 1 of each year, the owner of each rental residential property shall provide to the Borough on a form prescribed by the Borough the name, address, and contact phone number(s) of the individual or firm who will act as the property manager. The owner of the rental residential property may be the property manager.
A grease interceptor meeting the minimum requirements contained in the East Stroudsburg Plumbing Code shall be installed by the property owner for every existing sewer connection into which food waste is discharged from any business, commercial or institutional food service, preparation, or disposal operation. Existing grease interceptors shall be evaluated by the owner or manager of the premises to determine compliance with the Plumbing Code, shall meet the requirements of the Plumbing Code, and be approved by the Borough. The evaluation of existing grease interceptors shall be completed by October 1, 2006, and installation of new grease interceptors where required shall be completed by June 1, 2007.
Grease interceptors shall be inspected frequently and cleaned as often as necessary to retain the grease wastes. The materials removed in cleaning shall be removed from the premises for disposal and not be deposited in the plumbing system or sewage system. The use of enzymes for the cleaning of grease traps or interceptors is not permitted.
At least annually by October 1 of each calendar year, the owner or manager of the premises shall submit a certification of the cleaning of the grease trap/interceptor to the Borough on a form prescribed by the Borough.
Such form shall contain all information on the establishment's routine and special maintenance of grease traps/interceptors, including the dates, amounts, and disposal method for all grease wastes removal.
Each establishment shall maintain, available for inspection, records of maintenance of their grease interceptors in accordance with this section.
The requirements established above may be modified only by East Stroudsburg Borough Council upon written application from the owner or manager of the premises on a form prescribed by the Borough.
[Added 9-2-2008 by Ord. No. 1211, approved 9-2-2008]
Not less than 15 days prior to the change of ownership of any building or structure, it shall be the obligation of the legal owner of such building or structure to notify the Code Enforcement Officer of such pending change on a form provided by the Borough and to request an inspection, report and certificate of occupancy as provided for hereinafter.
Inspection, report and certificate of occupancy.
Upon notice from the legal owner of a building subject to a pending change in ownership as provided for in Subsection A, above, the Code Enforcement Officer or his designate shall inspect the building to determine if the structure is in compliance with the following requirements:
A smoke detection system complying with the requirements of the Uniform Construction Code must be installed (interconnected either by wire, wireless technology or other approved means).
The fire resistance ratings required for commercial, industrial, two- and multifamily dwellings shall be in place and in good repair. Typically, a side-by-side two-family dwelling unit will require a one-hour-rated wall from basement to roof line. A one hour rated wall (5/8 inch Type X sheetrock or equivalent) is required between an attached garage and the dwelling. There cannot be a door leading into a bedroom from the garage.
Handrails and guardrails must support at least a two-hundred-pound load. Intermediate rails, balusters or ornamental closures must not allow passage of a four-inch-diameter object. Guardrails are required for any area more than 30 inches above adjacent grade. Handrails are required for four or more risers.
Curbs, sidewalks and walkways to the main entrance door shall not have a deviation of elevation of one inch or more since this constitutes a tripping hazard. Any repairs to curbs and sidewalks shall meet the sidewalk specifications contained in Chapter 140, Subdivision and Land Development, of the Code of the Borough of East Stroudsburg.
Ground fault circuit interrupters shall be installed where required by the Uniform Construction Code. (These areas include within six feet of any sink, unfinished garages and basements, and all exterior locations.) There shall be no unfilled openings within the electrical panel or fuse box (dead front).
The plumbing system must be in good repair with no leaks or other obvious defects.
All buildings and structures are required to have a street address number posted with numerals at least 3.5 inches high, clearly visible from the street.
A report of the inspection showing compliance or noncompliance of the building or structure shall be prepared by the Borough and delivered to the person requesting such inspection within 10 working days of the receipt of the request. Any action required to bring the building or structure into compliance shall be taken prior to the change in ownership, unless the Borough grants an extension in writing and in accordance with a written plan of compliance, agreed upon in writing by all parties to the transfer of ownership and approved by the Borough. Failure to comply with any such plan within the time set forth shall be deemed a violation of the provisions of this section as hereinafter provided.
Upon satisfactory evidence that any noncompliance has been corrected, the Code Enforcement Officer shall issue a certificate of occupancy, review and compliance for the building or structure.
Fees and costs. Borough Council shall establish a fee schedule for the inspections and certificates of occupancy provided for hereinabove and may, from time to time, revise such fee schedule by resolution. Inspection fees shall be paid to the Borough prior to the initial inspection of the building or structure. The fee schedule may provide for the assessment and payment of additional fees in the event that more than one inspection of a building or structure is required in order to obtain compliance.
Noncompliance and remedial action.
If it is determined after inspection that the real property is not in compliance with the provisions of Subsection A(1) above, the property owner shall receive an itemized list of each violation and an explanation detailing remedial action that must be taken to bring the property into compliance. Upon notification to the Borough by the property owner or agent of the owner that the remedial action has been completed, the Code Enforcement Officer or his designate shall reinspect the property within seven working days, and if the property is then in compliance, a certificate of occupancy shall be issued within 24 hours. If, upon reinspection, it is determined that the property is still not in compliance, the foregoing procedures shall be followed until compliance is obtained; all required fees must be paid.
"As-is" purchases are allowed; however, an estimated cost for items to be corrected must be submitted to and approved by the Borough. The "as-is purchaser" shall agree in writing to accept the property "as is." A cash deposit in an amount based on the cost estimate for the repair or replacement of any curb, sidewalk, or walkway shall be escrowed with the Borough. The purchaser shall further certify in writing he will complete repairs within 18 months and call for inspections (permits are required) as the work is completed. No occupancy of a dwelling is permitted if a hazardous situation exists, such as if the dwelling is structurally unsound, lacks working sanitation facilities, lacks working smoke detectors, or lacks any other necessary living facility.
Exception. The transfer of ownership to a joint owner by right of survivorship or similar operation of law or the transfer of any interest by mortgage or similar security instrument shall not be deemed a change of ownership.
Editor's Note: This ordinance also provided an effective date of 11-1-2008.