[HISTORY: Adopted by the Borough Council of the Borough of
Tyrone 9-13-2004 by Ord. No. 1216. Amendments noted where applicable.]
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are hereby repealed.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:
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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."
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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.
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B.
Section PM-106.2 is hereby deleted in its entirety and in its place
shall appear the following:
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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.
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C.
Section PM-111.1 is hereby deleted in its entirety and in its place
shall appear the following:
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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.
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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:
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PM-111.3 Notice of meeting: The Council shall meet
within 60 days of the filing of an appeal to Council.
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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.
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PM-111.4.1 Procedure: All procedures, in any appeal,
before Council shall be conducted pursuant to Local Agency Law of
Pennsylvania.
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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.
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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.
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PM-111.6.2 Administration: The code official shall
take action in accordance with the decision of the Council.
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F.
Section PM-202.0 is hereby amended by deleting the definition of
"code official" and in its place shall appear the following:
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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.
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G.
Section PM-302 is hereby amended to add a new Subsection 302.1.1
as follows:
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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.
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H.
Section PM-302.4 is hereby amended as follows:
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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.]
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J.
Section PM-303, Subsections 303.1 and 303.2, are hereby deleted in
their entirety and in their place shall appear the following:
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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]
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K.
Section PM-304.14 is hereby amended to read as follows:
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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.
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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.
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L.
Section PM-602.3 is hereby deleted in its entirety and in its place
shall appear the following:
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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.
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M.
Section PM-602.4 is hereby deleted in its entirety and in its place
shall appear the following:
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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.
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Exceptions
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1.
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Processing, storage and operation areas that require cooling
or special temperature conditions.
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2.
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Areas in which persons are primarily engaged in vigorous physical
activities.
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N.
Section PM-604.2 is hereby deleted in its entirety and in its place
shall appear the following:
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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.
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O.
Section PM-605.2 is hereby deleted in its entirety and in its place
shall appear the following:
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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.
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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.
