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.
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.
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.
B.
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.
C.
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.
(1)
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.
(2)
Each establishment shall maintain, available for inspection,
records of maintenance of their grease interceptors in accordance
with this section.
D.
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.
A.
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.
(1)
Inspection, report and certificate of occupancy.
(a)
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:
[2]
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).
[3]
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.
[4]
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.
[5]
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.
[6]
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).
[7]
The plumbing system must be in good repair with no leaks or
other obvious defects.
[8]
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.
(b)
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.
(c)
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.
B.
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.
C.
Noncompliance and remedial action.
(1)
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.
(2)
"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.
D.
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.
[1]
Editor's Note: This ordinance also provided an effective
date of 11-1-2008.
