Borough of Tyrone, PA
Blair County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Tyrone 9-13-2004 by Ord. No. 1216. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 66.
Uniform construction codes — See Ch. 71.
Nuisances — See Ch. 133.
Swimming pools — See Ch. 176.
Trees — See Ch. 183.
Abandoned and junked vehicles — See Ch. 188.
A certain document on file in the office of the Secretary of the Borough of Tyrone, being marked and designated as the "International Property Maintenance Code," be and is hereby adopted as the Property Maintenance Code of the Borough of Tyrone, in the State of Pennsylvania, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code 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, as set forth in § 146-3 of this chapter.
Ordinance No. 1071, attached hereto, of the Borough of Tyrone and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
The International Property Maintenance Code is amended and revised in the following respects:
A. 
Section PM-101.1 is hereby amended to read as follows:
PM-101.1 Title: These regulations shall be known as the Property Maintenance Code of the Borough of Tyrone hereinafter referred to as "this code."
PM-103.5 Fees. The fees for activities and services performed by the Department in carrying out its responsibilities under this code shall be as indicated in the fee schedule adopted from time to time by the Borough.
B. 
Section PM-106.2 is hereby deleted in its entirety and in its place shall appear the following:
PM-106.2 Penalty: Any person who shall violate a provision of this code shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $1,000 or imprisonment for a term not to exceed 30 days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
C. 
Section PM-111.1 is hereby deleted in its entirety and in its place shall appear the following:
PM-111.1 Application for appeal: Any person affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Borough Manager, provided a written application is filed in the office of Borough Manager within 20 days after the decision, notice or order of the said official code was served. The appeal to the Borough Manager shall be an informal proceeding in which the Borough Manager shall be entitled to review such evidence as said Manager deems necessary and appropriate. The Borough Manager shall render a written decision within 30 days of the date of filing said appeal with a copy thereof to be furnished to the appellant and to the code official. Any person wishing to appeal the decision of the Borough Manager shall have such right to appeal to the Council of the Borough of Tyrone, provided a written application is filed in the office of the Borough Manager within 20 days after the day the decision by the Borough Manager was served. All applications for any appeal permitted herein shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. Appeals to the Council of the Borough of Tyrone shall in all cases be accompanied by a fee as determined by Council from time to time.
D. 
Section PM-111.2, including Subsections 111.2.1 through 111.2.5, are hereby deleted in their entirety.
E. 
Sections PM-111.3, PM-111.4, Subsection 111.4.1, and Section 111.6, Subsections 111.6.1 and 111.6.2, are hereby deleted in their entirety and in their place shall appear the following:
PM-111.3 Notice of meeting: The Council shall meet within 60 days of the filing of an appeal to Council.
PM-111.4 Open hearing: All hearings before the Council shall be open to the public. The appellant, the appellant's representative, the code official, and any person whose interests are affected shall be given an opportunity to be heard.
PM-111.4.1 Procedure: All procedures, in any appeal, before Council shall be conducted pursuant to Local Agency Law of Pennsylvania.
PM-111.6 Council decision: The Council may modify or reverse the decision of the code official and/or the Borough Manager only by a concurring vote of a majority of the Council members voting at which a quorum is present.
PM-111.6.1 Written decision: The decision of the Council shall be in writing. Copies shall be furnished to the appellant and to the code official.
PM-111.6.2 Administration: The code official shall take action in accordance with the decision of the Council.
F. 
Section PM-202.0 is hereby amended by deleting the definition of "code official" and in its place shall appear the following:
PM-202.0 Code Official: The official who is charged with the administration and enforcement of this code, or any duly authorized representative, including the Borough of Tyrone Code Enforcement Officer.
G. 
Section PM-302 is hereby amended to add a new Subsection 302.1.1 as follows:
PM-302.1.1: No person shall place or permit to remain any stuffed furniture or upholstered or fabric covered furniture not constructed for outdoor use on any unenclosed porch, sidewalk, or yard.
H. 
Section PM-302.4 is hereby amended as follows:
PM-302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. [The second Paragraph of PM-302.4 remains as written.]
I. 
Section PM-302.8 is hereby deleted in its entirety and in its place shall appear the following:
PM-302.8 Motor vehicles: Abandoned and junked vehicles shall be governed by the applicable ordinance of the Borough of Tyrone.[1]
[1]
Editor's Note: See Ch. 188, Vehicles, Abandoned and Junked.
J. 
Section PM-303, Subsections 303.1 and 303.2, are hereby deleted in their entirety and in their place shall appear the following:
PM-303.1: Swimming pools, spas and hot tubs shall be regulated by other laws enacted by the Borough of Tyrone applicable to the same.[2]
[2]
Editor's Note: See Ch. 176, Swimming Pools.
K. 
Section PM-304.14 is hereby amended to read as follows:
PM-304.14 Insect screens: During the period from April 1 to September 30 every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized 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.
Exception: Screen doors shall not be required for out-swinging doors or other types of openings which make screening impractical, provided other approved means, such as air curtains or insect repellent fans, are employed.
L. 
Section PM-602.3 is hereby deleted in its entirety and in its place shall appear the following:
PM-602.3 Heat supply: Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either express or implied, shall furnish heat to the occupants thereof at a reasonable level of heat.
M. 
Section PM-602.4 is hereby deleted in its entirety and in its place shall appear the following:
PM-602.4 Nonresidential structures: Every enclosed occupied work space shall be supplied with sufficient heat during the period from October 1 to April 30 to maintain a temperature of not less than 65° F. (18° C.) during all working hours.
Exceptions
1.
Processing, storage and operation areas that require cooling or special temperature conditions.
2.
Areas in which persons are primarily engaged in vigorous physical activities.
N. 
Section PM-604.2 is hereby deleted in its entirety and in its place shall appear the following:
PM-604.2 Service: The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the ICC Electrical Code listed in Chapter 8. Every dwelling shall be served by a main service that is not less than 60 amperes, three wires. Upon the change and/or upgrade of the main electrical service of any dwelling, the main service shall not be less than 100 amperes, three wires.
O. 
Section PM-605.2 is hereby deleted in its entirety and in its place shall appear the following:
PM-605.2 Receptacles: Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded type receptacle. Every bathroom shall contain at least one receptacle. At least one GFI protected receptacle shall be installed during the upgrade of electrical service of a bathroom and/or laundry area. Whenever possible, GFI protected receptacles should be on a separate circuit.
Nothing in this chapter or in the International 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 § 146-2 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.