[HISTORY: Adopted by the Borough of Hanover 11-3-1965 by Ord. No.
1290.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 147.
Building regulations — See Ch. 150.
Uniform construction codes — See Ch. 170.
Fire prevention — See Ch. 212.
Plumbing — See Ch. 263.
Sewers and sewage disposal — See Ch. 286.
Sewer use regulations — See Ch. 290.
Solid waste — See Ch. 308.
[1]
Editor's Note: This ordinance also provided as follows:
Section 1. The Housing Ordinance Regulating Supplied Facilities,
Maintenance and Occupancy of Dwellings and Dwelling Units, and the
regulations appertaining thereto, as prepared by the Borough Council,
are hereby enacted.
Section 2. The provisions of the Housing Ordinance Regulating
Supplied Facilities, Maintenance and Occupancy of Dwellings and Dwelling
Units, and regulations as prepared by the Borough Council, identified
by the signatures of the duly authorized officers of the Borough of
Hanover, are hereby incorporated by reference to this ordinance as
if more fully described herein.
Section 3. The Secretary of the Borough of Hanover shall attach
to the ordinance book of the Borough of Hanover a copy of the said
Housing Ordinance Regulating Supplied Facilities, Maintenance and
Occupancy of Dwellings and Dwelling Units, and regulations as herein
incorporated by reference, with the same force and effect as if duly
recorded therein.
A.
BASEMENT
CELLAR
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
HABITABLE ROOM
HEALTH OFFICER
INFESTATION
MULTIPLE DWELLING
OCCUPANT
OPERATOR
OWNER
(1)
(2)
PERSON
PLUMBING
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SUPPLIED
TEMPORARY HOUSING
The following definitions shall apply in the interpretation and enforcement
of this chapter:
A portion of a building located partly underground, but having
less than 1/2 its clear floor-to-ceiling height below the average
grade of the adjoining ground.
A portion of a building located partly or wholly underground,
and having 1/2 or more than 1/2 of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants; provided, that
temporary housing, as hereinafter defined, shall not be regarded as
a dwelling.
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 control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping; or by any other recognized and legal
pest elimination methods approved by the Health Officer.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms,
water closet compartments, laundries, pantries, foyers or communicating
corridors, closets and storage spaces.
The legally designated health authority of the Borough of
Hanover, or his authorized representative.
The presence, within or around a dwelling, of any insects,
rodents or other pests.
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.
Any person who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling unit, with
or without accompanying actual possession thereof; or
Shall have charge, care or control of any dwelling or dwelling
unit, as owner or agent of the owner, or as executor, executrix, administrator,
administratrix, trustee or guardian of the estate of the owner. Any
such person thus representing the actual owner shall be bound to comply
with the provisions of this chapter, and of rules and regulations
adopted pursuant thereto, to the same extent as if he were the owner.
Includes any individual, firm, corporation, association or
partnership.
Includes all of the following supplied facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clotheswashing machines, catch basins,
drains, vents and any other similar supplied fixtures, together with
all connections to water, sewer or gas lines.
Any dwelling, or that part of any dwelling, containing one
or more rooming units, in which space is let by the owner or operator
to three or more persons who are not husband or wife, son or daughter,
mother or father or sister or brother of the owner or operator.
Any room or group of 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 compost; and the term 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.
Paid for, furnished or provided by or under the control of
the owner or operator.
Any tent, trailer or other structure used for human shelter,
which is designed to be transportable and which is not attached to
the ground, to another structure or to any utilities system on the
same premises for more than 30 consecutive days.
B.
Meaning of certain words. Whenever the words "dwelling," "dwelling
units," "rooming house," "rooming unit," and "premises" are used in
this chapter, they shall be construed as though they were followed
by the words "or any part thereof."
The Health Officer is hereby authorized and directed to make
inspections to determine the condition of dwellings, dwelling units,
rooming units and premises located within this Borough of Hanover,
in order that he 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 Officer is hereby
authorized to enter, examine and survey, between the hours of 8:00
a.m. to 6.00 p.m., any day except Sunday, all dwellings, dwelling
units, rooming units and premises. The Health Officer, provided public
health and welfare are not in jeopardy, shall in all cases of scheduled
or routine inspection give not less than seven days' written
notice to the owner of the property, of the time such inspection is
to be made, so that the owner may be present. The owner or occupant
of every dwelling, dwelling unit and rooming unit, or the person in
charge thereof, shall give the Health Officer 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 inspections and 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.
Wherever 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 regulations adopted pursuant thereto,
he shall give notice of such alleged violation to the person or persons
responsible therefor, as hereinafter provided. Such notice shall:
(1)
Be in writing.
(2)
Include a statement of the reasons why it is being issued.
(3)
Allow a reasonable time for the performance of any act it requires.
(4)
Be served upon the owner or his agent, and 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 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 is served with such notice by any other method
authorized or required under the laws of this state.
(5)
Such notice may contain an 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 of Health, 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 Health Officer shall set
a time and place within five days for such hearing and shall give
the petitioner written notice thereof. The time and place set by the
Health Officer shall be set far enough in advance to allow the petitioner
at least five days to prepare rebuttal. 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 30 days after the day on which the petition was filed;
provided, that upon application of the petitioner, the Board of Health
may postpone the date of the hearing for a reasonable time beyond
such thirty-day period, if in its judgment the petitioner has submitted
a good and sufficient reason for such postponement.
C.
Within five days after such hearing, the Board of Health shall sustain, modify or withdraw the notice, 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. If the Board of Health sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to § 230-3A 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. After a hearing in the case of any notice suspending any permit required by this chapter or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the Board of Health, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for 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 of Health, 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 Health Officer may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of this state.
E.
Whenever the Health Officer finds that an emergency exists which
requires immediate action to protect the public health, he may, without
notice or hearing, issue an order reciting the existence of such an
emergency and requiring that such action be taken as he deems necessary
to meet the emergency. 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 Health Officer, shall be afforded a hearing before
the Board of Health 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 Board of Health shall continue such order in effect, or
modify it or revoke it.
F.
A dwelling unit or dwelling units that make up a single structure
which the Board of Health has ruled to be unfit for human occupancy
and upon which a notice of such ruling is posted shall be made either
fit for human occupancy or razed and the ground leveled, within a
period of one year from the date of such ruling. If after the period
of one year 75% of the necessary work to make the structure fit for
human occupancy has not been completed, the Health Officer shall advertise
in two issues of a local newspaper for bidders to raze the structure
and level the ground, and post a typewritten notice of such advertisement
on the premises in question. Thirty days after the date of the first
advertisement, the Health Officer shall award a contract to the lowest
bidder for razing the structure and leveling the ground. All costs
shall be paid by the owner of the property in question.
The Board of Health is hereby authorized to make and adopt such
written rules and regulations as may be necessary for the proper enforcement
of the provisions of this chapter, provided that such rules and regulations
shall not be in conflict with the provisions of this chapter. The
Board of Health shall file a certified copy of all rules and regulations
which it may adopt with the Secretary of the Borough of Hanover. Such
rules and regulations shall, when approved by Borough Council, have
the same force and effect as the provisions of this chapter, and the
penalty for violation thereof shall be the same as the penalty for
violation of the provisions of this chapter, as hereinafter provided.
No person shall let to another for occupancy any dwelling or
dwelling unit, for the purpose of living, sleeping, cooking or eating
therein, which does not comply with the following requirements:
B.
Every dwelling unit (except as otherwise permitted under § 230-5D) shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to a water and sewer system in accordance with the Borough Plumbing Code, within one year after the effective date of this chapter. However, the lavatory basin may be located immediately adjacent to the room in which the commode is located if the size of room or structural design does not permit its location therein.
C.
Every dwelling unit (except as otherwise permitted under § 230-5D) shall contain within a room which affords privacy to a person within said room, a bathtub or shower in good working condition and properly connected to a water and sewer system in accordance with the Borough Plumbing Code, within 18 months after the effective date of this chapter.
D.
The occupants of not more than two dwelling units may share a single
flush water closet, a single lavatory basin and a single bathtub or
shower, if:
(1)
Neither of the two dwelling units contains more than two rooms; provided
that, for the purposes of this subsection, a kitchenette or an efficiency
kitchen with 60 square feet or less of floor area shall not be counted
as a room; and that
(2)
The habitable area of each of such dwelling units shall equal not
more than 250 square feet of floor area; and that
(3)
Such water closet, lavatory basin and bathtub or shower shall be
in good working condition and properly connected to a water and sewer
system approved by the Health Officer.
F.
Garbage disposal.
[Amended 12-29-1980 by Ord. No. 1723]
(1)
Every owner of a rental dwelling shall be responsible for paying
the refuse service fees for each dwelling unit under his control.
The amounts of such fees are determined by ordinance.
(2)
Every dwelling unit shall have adequate garbage disposal facilities
or garbage storage containers, the type and location of which are
approved by the Health Officer.
G.
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 § 230-5E of this chapter 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 subsection when the dwelling or dwelling unit heating facilities required under the provisions of § 230-6E of this chapter are not in operation.
H.
Every dwelling unit shall have safe, unobstructed means of egress
leading to safe and open space at ground level, as required by the
laws of this state and the Borough of Hanover.
No person shall let to another for occupancy any dwelling or
dwelling unit, for the purpose of living therein, which does not comply
with the following requirements:
A.
Where feasible, every habitable room shall have at least one window
or skylight facing directly to the outdoors. The minimum total window
area, measured between stops and 36 inches above the floor level,
for every habitable room, shall be 5% of the floor area of such room.
Whenever walls or other portions of structures face a window of any
such room and such light-obstruction structures are located less than
two feet from the window and extend to a level above that of the ceiling
of the room, such a window shall not be deemed to face directly to
the outdoors and shall not be included as contributing to the required
minimum total window area. Whenever the only window in a room is a
skylight-type window in the top of such room, the total window area
of such skylight shall equal at least 5% of the total floor area of
such room.
B.
Where feasible, every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size, as required in § 230-6A of this chapter, except where there is supplied some other device affording adequate ventilation and approved by the Health Officer.
C.
Where feasible, every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in § 230-6A and B, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which operates in conjunction with the bathroom lights and is approved by the Health Officer.
D.
Every habitable room of such dwelling shall contain at least two
separate floor- or wall-type electric convenience outlets, or one
such convenience outlet and one supplied ceiling-type electric light
fixture; and every water closet compartment, bathroom, laundry room,
furnace room shall contain at least one supplied ceiling- or wall-type
electric light fixture and one convenience outlet. Every public hall
shall have one ceiling- or wall-type fixture on each floor. Every
such outlet and fixture shall be properly installed, shall be maintained
in good and safe working condition and shall be connected to the source
of electric power in a safe manner.
E.
Every dwelling shall have heating facilities which are properly installed,
are maintained in safe and good working condition and are capable
of safely and adequately heating all habitable rooms, bathrooms and
water closet compartments in every dwelling unit located therein to
a temperature of at least 70° F. at a distance five feet above
floor level when outside temperature reaches 0° F.
F.
Every public hall and stairway in every multiple dwelling containing
five or more dwelling units shall be adequately lighted at all times.
Every public hall and stairway in structures devoted solely to dwelling
occupancy and containing not more than four dwelling units may be
supplied with conveniently located light switches, controlling an
adequate lighting system which may be turned on when needed, instead
of full-time lighting.
G.
During that portion of each year when the Health Officer deems it
necessary for protection against mosquitoes, flies and other insects,
any door used for ventilation opening directly from a dwelling unit
to outdoor space shall have supplied screens and a self-closing device;
and 50% of the windows or other devices with openings to outdoor space,
used or intended to be used for ventilation, shall likewise be supplied
with screens. In the absence of an agreement to the contrary, it shall
be the responsibility of the owner to provide all necessary screens
at the time of renting or leasing the property to each new tenant
or lessee. Thereafter, it shall be the responsibility of the renter,
tenant or lessee to maintain said screens in a proper condition so
long as the property is in use by said renter, tenant or lessee.
H.
Every basement or cellar window used or intended to be used for ventilation,
and every other opening to a basement which might provide an entry
for rodents, shall be supplied with a screen or such other device
as will effectively prevent their entrance.
No person shall let to another for occupancy any dwelling or
dwelling unit, for the purpose of living therein, which does not comply
with the following requirements:
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 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 plumbing fixture and water and waste pipe shall be properly
installed and maintained in good sanitary working condition, free
from defects, leaks and obstructions.
E.
Every water closet compartment floor surface and bathroom floor surface
shall be constructed and maintained so as to be reasonably impervious
to water and so as to permit such floor to be easily kept in a clean
and sanitary condition.
F.
Every supplied facility, piece of equipment or utility which is required
under this chapter shall be so installed that it will function safely
and effectively, and shall be maintained in satisfactory working condition.
G.
No owner shall let to any other occupant any vacant dwelling unit
unless it is clean, sanitary and fit for human occupancy.
No person shall let to another for occupancy any dwelling or
dwelling unit, for the purpose of living therein, which does not comply
with the following requirements:
A.
Every dwelling unit shall contain at least 100 square feet of floor
space for the first occupant thereof and at least 50 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 50 square
feet of floor space, and every room occupied for sleeping purposes
by more than one occupant shall contain at least 30 square feet of
floor space for each occupant thereof.
C.
No dwelling or dwelling unit shall be constructed, altered or rehabilitated
so that two or more sleeping rooms shall have such room arrangements
that access to a bathroom or water closet compartment intended for
use by occupants of more than one sleeping room can be had only by
going through another sleeping room; nor shall room arrangements be
such that access to a sleeping room can be had only by going through
another sleeping room or a bathroom or water closet compartment. The
provision of this section shall not apply if the dwelling or dwelling
unit is occupied by a single family consisting of husband and/or wife
and their immediate family. The provisions of this section shall not
apply if three or more persons of the same sex share a common bathroom
or water closet compartment located on the same floor as the dwelling
unit.
D.
At least 1/2 of the floor area of every habitable room shall have
a ceiling height of at least seven feet; and the floor area of that
part of any room where the ceiling height is less than five feet shall
not be considered as part of the floor area in computing the total
floor area of the room for the purpose of determining the maximum
permissible occupancy thereof.
E.
No basement or cellar space shall be used as a habitable room or
dwelling unit unless:
A.
Every owner of a dwelling containing two or more dwelling units shall
be responsible for maintaining in a clean and sanitary condition the
shared or public areas of the dwelling 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 occupies and controls.
C.
Every occupant of a dwelling or dwelling unit shall dispose of all
his rubbish in a clean and sanitary manner.
D.
Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents, in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storage containers required by § 230-5F of this chapter. It shall be the responsibility of the occupant to furnish such facilities or containers.
E.
Every occupant of a dwelling or dwelling unit shall be responsible
for hanging all screens whenever the same are required under the provisions
of this chapter or of any rule or regulation adopted pursuant thereto,
except where the owner has agreed to supply such service.
F.
Every occupant of a dwelling containing a single dwelling unit shall
be responsible for the extermination of any insects, rodents or other
pests therein or on the premises. Notwithstanding the foregoing provisions
of this subsection, whenever infestation is caused by failure of the
owner to maintain a dwelling in a ratproof or reasonably insectproof
condition, extermination shall be the responsibility of the owner.
Whenever infestation exists in two or more of the dwelling units in
any dwelling, or in the shared or public parts of any dwelling containing
two or more dwelling units, extermination thereof shall be the responsibility
of the owner.
G.
Every occupant of a dwelling unit shall keep all plumbing fixtures
therein in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and operation
thereof.
No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this chapter, except the provisions of §§ 230-5 and 230-9.
A.
No person shall operate a rooming house unless he holds a valid rooming
house permit issued by the Health Officer, in the name of the operator
and for the specific dwelling or dwelling unit. The operator shall
apply to the Health Officer within 30 days after the effective date
of this code for such permit, which shall be issued by the Health
Officer upon compliance by the operator with the applicable provisions
of this chapter and of any rules and regulations adopted pursuant
thereto. This permit shall be displayed in a conspicuous place within
the rooming house, at all times. No such permit shall be transferable.
Every person holding such a permit shall give notice in writing to
the Health Officer within 24 hours after having sold, transferred,
given away or otherwise disposed of ownership of, interest in or control
of any rooming house. Such notice shall include the name and address
of the person succeeding to the ownership or control of such rooming
house. Every rooming house permit shall expire at the end of the calendar
year, unless sooner suspended or revoked as hereinafter provided.
The provisions of this section shall not apply if three or less persons
of the same sex share a common bathroom or water closet compartment
located on the same floor as the dwelling unit.
B.
Any person whose application for a permit to operate a rooming house has been denied may request and shall be granted a hearing on the matter before the Board of Health, under the procedure provided by § 230-3 of this chapter.
C.
Whenever upon inspection of any rooming house the Health Officer
finds that conditions or practices exist which are in violation of
any provision of this chapter or of any rule or regulation adopted
pursuant thereto, the Health Officer shall give notice in writing
to the operator of such rooming house that unless such conditions
or practices are corrected within a reasonable period, to be determined
by the Health Officer, the operator's rooming house permit will
be suspended. At the end of such period, the Health Officer shall
reinspect such rooming house, and if he finds that such conditions
or practices have not been corrected, he shall give notice in writing
to the operator that the latter's permit has been suspended.
Upon receipt of notice of suspension, such operator shall immediately
cease operation of such rooming house, and no person shall occupy
for sleeping or living purposes any rooming unit therein.
D.
Any person whose permit to operate a rooming house has been suspended, or who has received notice from the Health Officer that his permit is to be suspended unless existing conditions or practices at his rooming house are corrected, may request and shall be granted a hearing on the matter before the Board of Health, under the procedure provided by § 230-3 of this chapter; provided that if no petition for such hearing is filed within 10 days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked.
E.
At least one flush water closet, lavatory basin and bathtub or shower,
properly connected to a water and sewer system approved by the Health
Officer, and in good working condition, shall be supplied for each
eight persons or fraction thereof residing within a rooming house,
including members of the operator's family whenever they share
the use of the said facilities; provided that in a rooming house where
rooms are let only to males, flush urinals may be substituted for
not more than 1/2 the required number of water closets. In case of
new construction, alteration, rehabilitation, all such facilities
shall be so located within the dwelling as to be reasonably accessible
from a common hall or passageway to all persons sharing such facilities.
Every lavatory basin and bathtub or shower shall be supplied with
hot water at all times. No such facilities shall be located in a basement
except by written approval of the Health Officer.
F.
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.
G.
Every room occupied for sleeping purposes by one person shall contain
at least 50 square feet of floor space, and every room occupied for
sleeping purposes by more than one person shall contain at least 30
square feet of floor space for each additional occupant thereof.
H.
Every rooming unit shall have safe, unobstructed means of egress
leading to safe and open space at ground level, as required by the
laws of this state and the Borough of Hanover.
I.
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 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.
J.
Every provision of this chapter which applies to rooming houses shall
also apply to hotels, except to the extent that any such provision
may be found in conflict with the laws of this state or with the lawful
regulations of any state board or agency.
The designation of dwellings or dwelling units as unfit for
human habitation and the procedure for the condemnation and placarding
of such unfit dwellings or dwelling units shall be carried out in
compliance with the following requirements:
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 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, but in
no case shall it exceed 30 days.
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.
A.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof before the Mayor or any Magisterial District
Judge of the Borough of Hanover, be sentenced to pay a fine of not
more than $100 plus costs of prosecution, and, in default of payment
of such fine and costs, to imprisonment in the York County Jail for
not more than 30 days. Each day that a violation is permitted to continue
without correction shall constitute a separate offense punishable
by like fine or penalty.
B.
All ordinances or parts of ordinances in conflict with the provisions
of this chapter, and specifically Ordinance No. 741, enacted December
20, 1950, as amended, are hereby repealed.
C.
This chapter shall become effective immediately upon its recording
and publication.
In any case where a provision of this chapter is found to be
in conflict with a provision of any zoning, building, fire, safety
or health ordinance or code of the Borough of Hanover existing on
the effective date of this chapter, the provision which establishes
the higher standard for the promotion and protection of the health
and safety of the people shall prevail. In any case where a provision
of this chapter is found to be in conflict with a provision of any
other ordinance or code of the Borough of Hanover existing on the
effective date of this chapter, which establishes a lower standard
for the promotion and protection of the health and safety of the people,
the provisions of this chapter shall be deemed to prevail, and such
other ordinances or codes are hereby declared to be repealed to the
extent that they may be found in conflict with this chapter.
This chapter shall become effective 3 November 1965.
The definitions contained in § 230-1 of this chapter, together with the definitions contained in this section, shall apply in the interpretation and enforcement of these regulations:
The Housing Ordinance of the Borough of Hanover, regulating
supplied facilities, maintenance and occupancy of dwellings and dwelling
units.
All plumbing and plumbing fixtures shall be installed in accordance with Chapter 263, Part 2, Plumbing Code. No dwelling or dwelling unit shall be deemed to comply with the requirements of the Housing Ordinance relating to plumbing and plumbing fixtures, unless:
E.
Every water supply inlet is located above the flood level of any installed sink, lavatory, bathtub or automatic washing machine and similar water-using fixture, or above some unobstructible overflow thereof; and there are no submerged inlets, except submerged inlets installed with a vacuum breaker of a type approved by the Health Officer (§§ 230-5A, B, C and E; 230-7D; 230-9G).
No dwelling or dwelling unit shall be deemed to comply with
the requirements of the Housing Ordinance relating to garbage and
garbage storage and disposal, unless:
A.
Garbage is disposed of in a garbage incinerator located within the dwelling and installed and operated in a sanitary manner; or garbage is disposed of in one or more flytight and watertight metal garbage storage containers equipped with tightly fitting metal covers, no one of which is smaller than five gallons in capacity or larger than 20 gallons in capacity; or garbage is disposed of in a garbage grinder which grinds garbage finely, and is discharged into the kitchen sink drain in a sanitary manner (§§ 230-5F, 230-9D).
No dwelling or dwelling unit shall be deemed to comply with
the requirements of the Housing Ordinance relating to gas facilities,
unless:
No dwelling or dwelling unit shall be deemed to comply with
the requirements of the Housing Ordinance relating to electric wiring
and facilities, unless:
No dwelling or dwelling unit shall be deemed to comply with
the requirements of the Housing Ordinance relating to heating and
heating facilities, unless:
A.
When the dwelling or dwelling unit is heated by a central heating
system:
B.
When the dwelling or dwelling unit is heated by space heaters:
(1)
Every space heater burning solid, liquid or gaseous fuels is properly
vented to a chimney or duct leading to outdoor space.
(2)
Every coal-burning space heater has a fire-resistant panel beneath
it.
(3)
Every space heater located close to a wall is equipped with insulation
sufficient to prevent overheating of the wall.
No dwelling or dwelling unit shall be deemed to comply with the requirements of the Housing Ordinance relating to lighting, unless every public hall, stairway and foyer has sufficient lighting through windows or from electric lights to provide illumination of a least one footcandle on every part of such areas at all times of the day and night, except as otherwise provided by § 230-6F of the Housing Ordinance (§ 230-6F).
No dwelling or dwelling unit shall be deemed to comply with
the requirements of the Housing Ordinance relating to exclusion of
insects and rodents, unless:
A.
During the period beginning on the 15th day of May and ending on the 30th day of September in each year, every door used for ventilating purposes opening directly from a dwelling unit to outdoor space is supplied with a screen of not less than 16 mesh per inch and a self-closing device in good operating condition; and the required windows or other devices with openings to outdoor space, used or intended to be used for ventilation, are supplied with a screen of not less than 16 mesh per inch (§§ 230-6G, 230-7B, 230-9E).
No dwelling or dwelling unit shall be deemed to comply with
the requirements of the Housing Ordinance relating to foundations,
floors, walls, ceilings and roofs, unless:
B.
Every floor is free of holes and wide cracks which might admit rodents, or which constitute a possible accident hazard (§ 230-7A).
D.
Every exterior wall is free of holes, breaks, loose or rotting boards and timbers and any other conditions which might admit rodents, rain or dampness to the interior portions of the walls or to the interior spaces of the dwelling (§ 230-7A).
F.
Every interior wall and ceiling is free of loose plaster and other structural material, the collapse of which might constitute an accident hazard (§ 230-7A).
No dwelling or dwelling unit shall be deemed to comply with
the requirements of the Housing Ordinance relating to windows, exterior
doors and basement hatchways, unless:
A.
Every window is fully supplied with window panes which are without open cracks or holes (§ 230-7B).
C.
Every window other than fixed windows is capable of being easily opened and held in open position by window hardware (§ 230-7B).
No dwelling or dwelling unit shall be deemed to comply with
the requirements of the Housing Ordinance relating to stairways and
porches, unless:
A.
Every flight of stairs and porch is free of holes, grooves and cracks which are large enough to constitute possible accident hazards (§ 230-7C).
B.
Every stairwell, and every flight of stairs which is more than four risers high, has rails not less than two feet, six inches, measured vertically from the nose of the treads to the top of the rail, and every porch which is more than four risers high has rails not less than two feet, six inches above the platform (§ 230-7C).
D.
No flight of stairs has settled more than one inch out of its intended position or has pulled away from supporting or adjacent structures (§ 230-7C).
F.
The treads of every flight of stairs are uniform in height (not exceeding three-eighths-inch variation) (§ 230-7C).
No dwelling or dwelling unit shall be deemed to comply with
the requirements of the Housing Ordinance relating to water closet
compartment and bathroom floor, unless:
A.
Every water closet compartment floor and bathroom floor is made of
terrazo, tile, smooth concrete, dense hardwood with tightly fitting
joints, rubber, asphalt tile, linoleum or other similar material providing
a surface which is reasonably impervious to water and is easily cleanable;
or
