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Township of Lower Frederick, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Lower Frederick Township 10-4-2012 by Ord. No. 11-07. Amendments noted where applicable.]
The Board of Supervisors of Lower Frederick Township hereby adopts the International Property Maintenance Code, 2009 (IPMC 2009), as published by the International Code Council, as the Property Maintenance Code of Lower Frederick Township.
The Board of Supervisors hereby revises the provisions of the IPMC 2009 in the following manner:
A. 
Section 101.1 shall be revised to substitute the terms "Lower Frederick Township" for "NAME OF JURISDICTION";
B. 
Section 102.3 shall be revised to read: "shall be done in accordance with the adopted rules and regulations of Lower Frederick Township."
C. 
Section 102.6, Historic Buildings, shall be revised to delete the words "and in the public interest of health, safety, and welfare."
D. 
The title of Section 103 shall be revised to hereafter provide as follows "CODE OFFICIAL AND DEPUTIES";
E. 
Section 103.1 shall be revised to hereafter provide as follows: "Creation of the Office of the Code Official. The office of Code Official is hereby created and the executive official(s) in charge thereof shall be known as the Code Official."
F. 
Section 103.2 shall be revised to hereafter provide as follows: "Appointment. The Code Official shall be appointed by the Board of Supervisors and shall serve at the pleasure of the Board of Supervisors."
G. 
Section 103.5 shall be revised to hereafter provide as follows: "Fees. The fee for all work permits, charges, etc., shall be paid in accordance with the fee schedule resolution in effect at the time application is made."
H. 
The title to Section 104.6 shall be revised to hereafter provide as follows "Code Official's Records."
I. 
Section 106.3 of shall be revised to hereafter provide as follows: "Prosecution of Violation. Persons who shall violate a provision of this Code, fail to comply with any of the requirements thereof or erect, install, alter or repair work in violation of the approved construction documents or directive of the Code Official, or of a permit or certificate issued under the provisions of this Code, shall be guilty of a summary offense, punishable by a fine of not more than $1,000 per violation. Each day that a violation continues after due notice has been served shall be deemed a separate offense."
J. 
Section 107.5 is revised by deleting the reference to "Section 106.4" and by substituting in the place thereof Section 106.3.
K. 
Section 109.3 shall be revised to delete the authority to close "sidewalks, street, and public ways."
L. 
Section 111 is hereby revised to hereafter provide as follows:
(1) 
Section 111.2 Membership of Board. The Board of Appeals shall consist of the Lower Frederick Township Board of Supervisors. The Code Official shall be an ex-officio member, but shall have no vote on any matter before the Board.
(2) 
Section 111.2.1 Alternate Members. The Board of Appeals shall appoint two or more alternate members who shall be called by the Board Chairman to hear appeals during the absence or disqualification of a member. Alternate members shall be qualified by experience and training to pass on matters pertaining to property maintenance and shall not be employees of Lower Frederick Township.
(3) 
Section 111.2.2 Chairman. The Chairman of the Board of Supervisors shall serve as Chairman of the Board of Appeals.
(4) 
Section 111.2.3 Disqualification of Members. A member shall not hear an appeal in which that member has a personal, professional or financial interest.
(5) 
Section 111.2.4 Secretary. The Township Secretary or the Assistant Township Secretary shall serve as the Secretary to the Board. This Secretary shall file a detailed record of all proceedings in the office of the Township Manager.
(6) 
Section 111.2.5 Compensation of Members. Alternate Members shall be compensated a rate determined by the Township Board of Supervisors. The Supervisors shall not receive compensation over and above that awarded to the Supervisors in their capacity as Supervisors. Compensation of members shall be determined by law.
(7) 
Section 111.7 Court Review. Any person or corporation affected by the appeal shall have the right to appeal the decision of the Board of Supervisors to the Court of Common Pleas of Montgomery County. The appeal must be talked within 30 days of the date of the decision by the Board of Appeals.
M. 
Section 112.4, Failure to Comply, shall be amended to add that "Failure to Comply will be dealt with in accordance to Section 106.3 of the IPMC 2009."
N. 
Section 202 is hereby revised to include the following definitions, along with those listed:
HISTORIC BUILDING
A building or structure that is identified and classified by federal or local government authority or the Historical and Museum Commission as an historic building or site.
OCCUPIED
As applied to a building or portion thereof, shall be construed as though followed by the words "or intended, arranged or designed to be occupied, or having a certificate of use and occupancy."
ONE-FAMILY DWELLING
A building containing one dwelling unit.
TWO-FAMILY DWELLING
A building containing two dwelling units.
O. 
Section 301 is hereby revised to add Subsection 301.2.1 which shall hereafter provide as follows: "Section 301.2.1. Where properties abut a public right-of-way, the abutting property owner shall be responsible for the maintenance of the area between their property line and the cartway, including the curb, the sidewalk and grass areas between the curb and the property line."
P. 
Section 302 is hereby revised to add a new Subsection 302.3.1, which shall hereafter provide as follows: "Section 302.3.1. Where sidewalks exist, those responsible (see Section 301.2.1, as amended) for the sidewalks shall have at least a two-foot wide path cleared of snow and ice within 24 hours after the cessation of the snowfall. EXCEPTION; When more than 12 inches of snow has fallen, those responsible for the sidewalk shall have at least a two-foot wide path cleared of snow and ice within 48 hours after the cessation of the snowfall."
Q. 
Section 302.4, which reads, "All premises and amend all premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 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," shall be amended to read, Properties under one acre and not in the riparian buffer area shall be maintained free from plant growth in excess of 12 inches. 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."
R. 
Section 302.5, Rodent Harborage, amend the first sentence to read: "all structures and exterior property shall be kept free of rodent infestation."
S. 
Section 302.8 shall be revised to add a definition to the Code as follows:
MOTOR VEHICLES
Only one intact inoperative or unlicensed motor vehicle shall be parked, stored or kept on any premises, in excess of 90 days, unless enclosed within a permitted structure. The first notice or citation from the Code Enforcement Officer shall allow 90 days from the date of the notice or citation to remove the said vehicle. Nonremoval after this notice shall result in a violation subject to the penalties of Section 106.3 of this Code.
T. 
Section 304.2, Protective Treatment: delete the words "Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement."
U. 
Section 304.3, Premises Identification, shall be amended to delete alphabet letters.
V. 
Section 304.14 shall be amended to read: "In every non-owner-occupied structure, during the period from May 15 to October 15, every door, window and other outside opening required for ventilation of 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 (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working order.
W. 
Section 308, Rubbish and Garbage, shall have a subsection 308.4 added entitled COMPOSTING: "Composting should be in accordance with current DEP regulations. Materials that shall never be composted include: diseased plants or leaves, plants that have gone to seed, human or animal feces, persistent plants such as poison ivy, quack grass, multiflora rose and blind weed, and meat, dairy products or vegetable matter cooked in those products."
X. 
Section 402, LIGHT, shall be deleted. Section 403. VENTILATION, shall be deleted with the exception: 403.5 Clothes dryer exhaust shall remain.
Y. 
Section 602.3 is revised to substitute the date "October 1" for the first reference to "DATE," and "May 1" for the second reference to "DATE."
Z. 
Section 602.4 is hereby deleted.
AA. 
The references to "THE BUILDING OFFICIAL" as set forth in the International Property Maintenance Code, 2009, shall be revised to substitute in the place thereof the terms "Code Official";
BB. 
The International Property Maintenance Code, 2009, shall be revised to substitute the terms "the Board of Supervisors" in all instances referencing the terms "THE GOVERNING BODY."
CC. 
The following sections shall be added to the IPMC 2009:
(1) 
SECTION 801. Single-family dwelling requirements. Upon transfer of title to a new owner, or upon said building becoming vacant, no single-family dwelling shall be occupied, in whole or in part, until the issuance of a certificate by the Code Enforcement Officer. The following requirements must be met before a certificate shall be issued:
(a) 
Decks, pools and other accessory structures conformed to zoning regulations and building codes.
(b) 
Permanent swimming pools, spas and hot tubs must be enclosed with a fence, barrier (gates) in accordance with Section 303.2 of this code, as amended.
(c) 
Cellar drains or sump pumps connected to a public sewer must be removed.
(d) 
Roof drains must not be connected to a public sewer.
(e) 
A smoke detector must be installed on each floor level.
(f) 
A fire extinguisher equipped with a hose and nozzle and of a five-pound ABC dry powder rating must be supplied for the dwelling.
(g) 
An existing acceptable 60 ampere service, or a minimum of 100 ampere three-wire electric service, must be installed for the dwelling.
(h) 
All kitchens, bathrooms, powder rooms and laundry rooms, or any outlets within six feet of water source, must be supplied with a ground fault receptacle.
(i) 
All gas ranges must be supplied with shutoff valves installed behind the range.
(j) 
All electrical ranges must have an outlet installed at the rear of the range.
(k) 
Buildings shall have approved address numbers in accordance with section 304.3 of this code as amended. Building numbers or approved building identification shall be placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall be contrast with their background. Address numbers shall be Arabic numerals. Numbers shall be a minimum of four inches with a minimum stroke width of 0.5 inch.
(l) 
The property must be in clean and sanitary condition.
(m) 
A certificate of inspection must be provided by a Township-authorized heat and oil burner service dealer for the heating unit.
(n) 
All solid fuel burning appliances and the chimney/vent must be cleaned and inspected by a Township-authorized chimney sweep or service dealer of the heating unit.
(o) 
Before the issuance of the property transfer use and occupancy certificate, a full buyer notification inspection shall be conducted. The old owner must inform the new owner of all pending violations, and a letter of intent signed as to who will be responsible for the said violations.
(p) 
In the event that the property transfer does not occur, the present owner must correct all listed violations within 60 days of the date on which the settlement on the property was to have occurred. Failure to abate said violation shall be subject to the penalties set forth in Section 106 of the 2009 IPMC.
(q) 
Transfer-only permits. The Code Enforcement Officer shall have the power to issue permits for the transfer of ownership of single-family dwellings that are not intended for occupancy until all requirements of Section 801.1-14, hereof, have been satisfied. The Township Supervisors, by resolution, shall establish the appropriate fee for the issuance of a transfer only permit.
(2) 
SECTION 802. Two-Family and Multiple-Dwelling Units. Upon transfer of title to a new owner, no attached rental unit or two-family dwelling and no multiple dwellings shall be occupied, in whole or in part, until the issuance of a property transfer certificate of occupancy by the Code Enforcement Officer that said structure conform in all respects to the requirements of this code and International Fire Prevention Code. The following requirements must be met before a property transfer certificate of use and occupancy shall be issued:
(a) 
Before the issuance of the said certificate of occupancy, a full code compliance inspection shall be conducted. The old owner must inform the new owner of all pending violations, and a letter of intent shall be signed as who will be responsible for said violations. All violations must be corrected within 60 days upon transfer of the title to the new owner.
(b) 
In the event that the property transfer does not occur, the present owner must correct all listed violations within 60 days of the date on which the settlement on the property was to have occurred. Failure to abate such violation shall be subject to the penalties set forth in Section 106 of the 2009 IPMC.
(c) 
All hazardous building, safety, fire, plumbing and electrical violations cited at the time of inspection by the Code Enforcement Officer shall be corrected in the time specified by the Building Inspector and Fire Marshal.
(3) 
SECTION 803. Commercial, Office, Manufacturing and Industrial Buildings. Upon transfer of title to a new owner, no commercial, office, manufacturing or industrial building shall be occupied, in whole or in part, until the issuance of a property transfer certificate of occupancy by the Code Enforcement Officer that said structure conforms in all respects to the requirements of this code (International Property Maintenance Code/2009 Edition) and the International Fire Prevention Code. The following requirements must be met before a property transfer certificate of use and occupancy shall be issued:
(a) 
Before the issuance of the said certificate of occupancy, a full code compliance inspection shall be conducted. The owner must inform the new owner of all pending violations, and a letter of intent shall be signed by whoever will be responsible for the correction of the violations, which must occur within 60 days of transfer of the deed to the new owner.
(b) 
In the event that the property transfer does not occur, the present owner must correct all listed violations within 60 days of the date on which the settlement on the property was to have occurred. Failure to abate such violation shall be subject to the penalties set forth in Section 106 of the 2009 IPMC.
(c) 
All hazardous building, safety, fire, plumbing and electrical violations cited at the time of inspection by the Code Enforcement Officer shall be corrected in the time specified by the Building Inspector and Fire Marshal.
(4) 
SECTION 803.5. Fees. The fee paid to Lower Frederick Township for the residential housing inspection for each residential housing unit or each commercial unit shall be in an amount as established from time to time by resolution of the Board of Supervisors.
Any section of this chapter which is inconsistent with 68 P.S. § 1081-1083, known as the Pennsylvania Municipal Code and Ordinance Compliance Act (MCOCA), shall not be enforced. The provisions of the MCOCA shall prevail over any inconsistent provisions of this chapter.
The provisions of this chapter, so far as they are the same as those of ordinances and regulations in force immediately prior to the enactment of this chapter, are intended as a continuation of such ordinances and regulations and not as new enactments. The provisions of this chapter shall not affect any act done or liability incurred, nor shall they affect any suit of prosecution pending or to be instituted to enforce any of these repealed ordinances or regulations.