[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 15-1994. Amendments noted where applicable.]
It is the intent and purpose of this chapter to adopt a modern
property maintenance code which will prescribe effective standards
and minimum requirements for the safeguarding of persons and buildings
located in the City and protect the public health and safety of citizens
against the hazards of inadequate, defective or unsafe existing structures.
[Amended 11-13-2001 by Ord. No. 20-2001]
In accordance with Section 608 of the Optional Third Class City
Charter Law, Act of July 15, 1957, P.L. 901, as amended, 53 P.S. § 41608,
and Section 4130 of the Third Class City Code, Act of June 23, 1931,
as amended, 53 P.S. § 39130(b), there is hereby adopted
by the City, for the purpose of prescribing specifications and regulations
to ensure the continued structural safety of buildings and housing
existing within the City, that certain property maintenance code known
as the "International Property Maintenance Code, 2000 Edition," as
supplemented and published by the International Code Council, except
such provisions which are in conflict with state law on the subject
or regulations issued by a state agency by virtue of state law. Ten
copies of the adopted Property Maintenance Code are presently on file
in the office of the City Clerk, and such code is hereby incorporated
as if fully set forth at length herein. The provisions of the adopted
Property Maintenance Code shall be controlling within the limits of
the City, except as amended by the provisions of this chapter.
[Added 11-13-2001 by Ord. No. 20-2001;[1] amended 3-26-2002 by Ord. No. 4-2002; 3-25-2003 by Ord. No. 8-2003; 12-23-2003 by Ord. No. 37-2003; 11-27-2007 by Ord. No. 22-2007]
The following sections of the International Property Maintenance
Code, 2000 Edition, as adopted and amended by Ordinance No. 20 of
2001, are added, amended or deleted as indicated:
A.
Chapter
1, Administration.
(1)
Section
101.1 is amended to read as follows:
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101.1 Title. These regulations shall be known as
the "Property Maintenance Code of the City of Harrisburg," hereinafter
referred to in this chapter as "this code."
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(2)
Section
103, Bureau of Codes Enforcement.
(a)
Sections 103.1 and 103.2 are amended to read as follows:
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103.1 General. The City of Harrisburg Department
of Building and Housing Development, Bureau of Codes Enforcement (referred
to in this code as "Department of Property Maintenance Inspection"),
or any other department, bureau or division of the City designated
by the Mayor, shall administer and enforce this code or any part thereof,
and the executive official in charge thereof shall be known as the
"Codes Administrator" (referred to in this code as "code official").
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103.2 Appointment. The Codes Administrator shall
be appointed by the Mayor.
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(b)
Section 103.6 is amended to read as follows:
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103.6 Fees. The fee schedule for activities and
services performed by the Bureau of Codes Enforcement in carrying
out its responsibilities under this code shall be established by the
applicable governing authority and made available to the public through
the City Clerk's office.
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(3)
Section
104, Duties and Powers of the Codes Administrator.
(a)
Section 104.4 is amended to read as follows:
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104.4 Right of entry. The Codes Administrator or
designee is authorized to enter a structure or premises at reasonable
times to inspect. Prior to entering into a space not otherwise open
to the general public, the Codes Administrator shall make a reasonable
effort to locate the owner or other person having charge or control
of the structure or premises, present proper identification and request
entry. If any owner, occupant or other person in charge of premises
subject to the provisions of this code refuses, impedes, inhibits,
interferes with, restricts or obstructs entry and free access to any
part of the structure or premises where inspection authorized by this
code is sought, the Codes Administrator or designee may seek to have
issued to him or her a search warrant by a competent issuing authority
for the purpose of compelling such owner, occupant or other person
to permit the inspection of the premises involved for the purposes
authorized by this code.
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(4)
Section
107, Notices and Orders.
(a)
Section 107.3 is amended to read as follows:
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107.3 Method of service.
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(a)
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Personal service, certified or registered mail. Such notice
shall be deemed to be properly served upon such owner if:
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i.
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A copy thereof is delivered to the owner personally; or
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ii.
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A copy of the notice is left at the owner's usual place
of abode in the presence of someone in the family of suitable age
and discretion, who shall be informed of the contents thereof; or
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iii.
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A copy of the notice is sent by certified or registered mail,
return receipt requested, addressed to the owner at his or her last
known address.
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(b)
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Posting and mailing. If service is not made under Subsection (a) above, or if the certified or registered letter is returned with receipt showing that it has not been delivered, service of any document hereunder shall be deemed to be properly served if:
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i.
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A copy thereof is posted in a conspicuous place in or about
the structure or property affected by such notice; and
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ii.
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A copy thereof is mailed to or left for the owner, the owner's
attorney or the owner's appointed or authorized agent at the
agent's last known address. Mailing hereunder is deemed to have
occurred if said notice is mailed, via the United States Postal Service,
postage prepaid, to the then last known address, and said mail is
not returned within 15 days from the date of mailing.
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(5)
Section
108, Unsafe Structures and Equipment.
(a)
Section 108.1 is amended to read as follows:
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108.1 General. When a structure or equipment is
found by the code official to be unsafe, or when a structure is found
unfit for human occupancy, or is found open to unauthorized entry,
or is found unlawful, such structure shall be condemned pursuant to
the provisions of this code.
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(b)
Section 108.2 is amended to read as follows:
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108.2 Closing of vacant structures. If the structure
is vacant and unfit for human habitation and occupancy and is not
in danger of collapse, the Codes Administrator, or designee, is authorized
to post a placard of condemnation on the premises and order the structure
closed up so as not to be an attractive nuisance. Upon failure of
the owner to close the premises within the time specified in the order,
the Codes Administrator, or designee, shall cause the premises to
be closed through any available public agency or by contract or arrangement
with private persons or entity. Any expense incurred in so doing,
together with a penalty of 10% of such expense, shall be entered as
a municipal claim against the real estate upon which the structure
is located in accordance with the provisions of law governing the
entry of a municipal claim or may be collected from the property owner
in an action in assumpsit.
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No exterior window, skylight or door frame of any structure
facing toward or visible from a public right-of-way shall be covered
with plywood, metals or other nonapproved material for a period longer
than 60 days. After 60 days, all temporary cover over exterior windows,
skylights and doors that face toward or are visible from a public
right-of-way shall be removed, and such exterior windows, skylights
and doors shall be restored and secured from unauthorized entry.
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Restoration of exterior windows, skylights and doors must include
proper fitting window and door frames, hardware, locks and glazing,
which must be maintained in proper working condition. Alternatives
for windowpane installations such as plexiglass or other clear impact-resistant
materials must be approved by the Codes Administrator or designee.
Restoration of exterior windows must also include the covering of
the windows from the inside with openable window treatments, such
as blinds or curtains. All exposed exterior metal or wood surfaces
shall be protected from the elements and against decay or rust.
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(6)
Section
110, Demolition.
(a)
Section 110.3 is amended to read as follows:
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110.3 Failure to comply. If the owner of a premises
fails to comply with a demolition order within the time prescribed,
the code official may cause the structure to be demolished and removed,
either through an available public agency or by contract or arrangement
with private persons, and the cost of such demolition and removal
shall be charged against the real estate upon which the structure
is located and shall be a lien upon such real estate.
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(b)
Section 110.5 is added to read as follows:
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110.5 Demolition needed for renovation of a structure.
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110.5.1 Application for building/demolition permit. An application for a building/demolition permit must be submitted
to the Bureau of Codes Enforcement of the City of Harrisburg. Demolition
permits and demolition work may only be secured and conducted by a
City-licensed and bonded contractor which is competent in the field
of demolition.
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110.5.2 Approval of Codes Administrator. All work
shall meet with the Codes Administrator's or designee's
approval before authorization to proceed is granted. All demolition
work shall follow all guidelines set forth hereunder, as amended,
for the purposes of demolition pursuant to the act of renovation or
restoration of a structure.
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110.5.3 General.
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(a)
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Where applicable, federal and commonwealth laws, rules and regulations
governing any and all phases of the demolition work shall be observed
at all times. This includes, but is not limited to, work safety rules,
asbestos abatement, lead abatement or abatement of any environmental
hazard.
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(b)
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No structure or part thereof, or any floor of temporary support,
or scaffold, sidewalk shed or bridge, or any device or equipment shall
be loaded in excess of the safe carrying capacity, which shall never
be considered more than 1/3 of its ultimate structural strength.
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(c)
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Where applicable, walkways and passageways shall be provided
for the use of the workers, who shall be instructed to use them, and
all such walkways and passageways shall be kept adequately lighted
and free from debris and other materials.
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(d)
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Where applicable, protruding nails in any kind of lumber shall
be withdrawn, hammered in or bent over as soon as such lumber is removed
from the structure being demolished, and all nail-bearing lumber shall
be placed in piles for future removal.
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(e)
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On every demolition job, danger signs shall be conspicuously
posted around the property, and all doorways and thoroughfares giving
access to the property shall be kept barricaded, except during the
actual passage of workers or equipment.
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(f)
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Where applicable, during the hours of darkness, red lights or
flares shall be placed on or about all barricaded public ways.
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(g)
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It shall be the responsibility of the person/persons issued
the building permit to take the measures necessary to ensure the public
safety around the site where the work is being done until all work
is completed.
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(h)
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It shall be the responsibility of the person/persons issued
the building permit to repair any damage that may occur to adjacent
public or private property as a result of demolition or construction
activity.
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110.5.4 Site preparation.
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(a)
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Written notice of the proposed work shall be provided to the
adjacent property owners and their tenants one week prior to the beginning
of the work.
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(b)
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Any structural damage that would cause those working in or around
the site undo risk shall be shored or braced in accordance with accepted
engineering practice before work at the site may begin.
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(c)
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All affected utilities (gas, electric, telephone, water, sewer
and cable) shall be either disconnected or properly protected prior
to beginning the act of demolition so as not to cause harm to workers,
the public or property.
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(d)
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All floor openings and shafts not used for material chutes shall
be floored over or enclosed with guardrails and toe boards.
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110.5.5 Removal of materials.
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(a)
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No materials shall be dropped by gravity to any point lying
outside the exterior walls of the building, except through enclosed
wooden or metal chutes.
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(b)
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Proper precautions shall be taken to prevent workers from falling
into the loading end of the chute.
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(c)
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Proper precautions shall be taken to prevent anyone from being
hit by flying debris on the discharge end of the chute.
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(d)
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Debris shall be removed from the job site to an approved disposal
site in a timely manner.
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(c)
Section 110.6 is added to read as follows:
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110.6 Demolition of structures three stories above ground
or less.
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110.6.1 Application for building/demolition permit. An application for a building/demolition permit must be submitted
to the Bureau of Codes Enforcement of the City of Harrisburg.
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110.6.2 Approval of Codes Administrator. All work
shall meet with the Codes Administrator's or designee's
approval before authorization to proceed is granted. All demolition
work shall follow all guidelines set forth hereunder, as amended,
for the purposes of demolition of structures three stories above grade
or less.
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110.6.3 General.
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(a)
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Where applicable, federal and commonwealth laws, rules and regulations
governing any and all phases of the demolition work shall be observed
at all times. This includes, but is not limited to, work safety rules,
asbestos abatement, lead abatement, or abatement of any environmental
hazard.
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(b)
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On every demolition job, danger signs shall be conspicuously
posted around the property, and all doorways and thoroughfares giving
access to the property shall be kept barricaded, except during the
actual passage of workers or equipment.
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(c)
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Where applicable, during the hours of darkness, red lights or
flares shall be placed on or about all barricaded public ways.
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(d)
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It shall be the responsibility of the person/persons issued
the building permit to take the measures necessary to ensure the public
safety around the site where the work is being done until all work
is completed.
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(e)
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It shall be the responsibility of the person/persons issued
the building permit to repair any damage that may occur to adjacent
public or private property as a result of demolition or construction
activity.
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110.6.4 Site preparation.
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(a)
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Written notice of the proposed work shall be provided to the
adjacent property owners and their tenants one week prior to the beginning
of the work.
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(b)
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Any structural damage that would cause those working in or around
the site undo risk shall be shored or braced in accordance with accepted
engineering practice before work at the site may begin.
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(c)
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All affected utilities (gas, electric, telephone, water, sewer
and cable) shall be either disconnected or properly protected prior
to beginning the act of demolition so as not to cause harm to workers,
the public or property.
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(d)
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Where applicable, glazed sash and glazed doors and other glass
shall be removed before other demolition work is started.
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(e)
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All excess materials and rubbish shall be removed and disposed
of properly.
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(f)
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All areas of the structure, including the basement, shall be
cleaned out, removing all trash, debris, equipment and all other materials
not suitable for backfilling. Basement floors shall be broken up and
removed.
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(g)
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All trees and stumps shall be removed from the site at the direction
of the City. Stumps and root systems shall be removed or chipped to
a minimum of six inches below finished grade. Trees marked by the
City for preservation shall be protected against damage at all times
during the demolition.
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(h)
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Any wells, cisterns or cesspools shall be disinfected and pumped
out and filled to adjacent grade level in the manner hereinafter prescribed
for backfilling.
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110.6.5 Party walls.
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(a)
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The term "party wall" means a wall built on the dividing line
between adjoining buildings for their common use.
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(b)
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Whenever a building or other structure on one side of a party
wall is removed, such party wall shall be maintained in a safe, weatherproof
condition by and at the expense of the person causing the building
or structure to be removed. Temporary or permanent bracing shall be
provided as necessary for maintaining the stability of such party
wall or adjoining building whenever such stability is endangered by
the removal of a building or other structure or part thereof.
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(c)
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The newly exposed face of the party wall is to be made as plumb
and even as possible. In the case of a brick or masonry wall, open
beam holes and other voids shall be closed with approved masonry.
The courses shall be cut flush and the wall cement pargeted with approved
materials. Frame or wood stud party walls shall be covered in the
following manner: the wall shall be cut as close to the wood framing
members as possible to create a flush, perpendicular face. The lathe
and plaster exposed on the side of the party wall being demolished
may remain in place if soundly anchored. Plywood sheeting of not less
than three-eighths-inch thickness will be affixed to such wall as
in standard building practice. The exposed party wall will then be
faced with approved facing material.
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(d)
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The existing structure and architecture of the surrounding area
will determine the type of exterior facing or siding material. The
material to be utilized may be determined by the Codes Administrator
or designee. Where possible, proper exterior wall insulation must
be installed as part of the party wall assembly.
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(e)
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Where a chimney exists in a party wall between the building
to be removed and the building to remain, the person causing the demolition
work shall make certain the chimney is made sound and weathertight.
The chimney is to be cement pargeted and made to present an attractive
appearance.
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(f)
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Special attention shall be given to the damp-proofing of party
foundation walls. Such walls are to be damp-proofed in the manner
prescribed for new construction. Foundation portions of party walls
that are above grade are to be capped with concrete in such a manner
that a drainage slope cape is provided.
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(g)
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Special care will be given to the grading of the newly created
lot. It shall be made certain that the grade is sloped in such a manner
that surface water will drain away from the newly exposed foundation
party wall.
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(h)
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Where no foundation wall exists between the structure to be
removed and the structure to remain, it shall be the responsibility
of the person causing the demolition to build a suitable concrete
block foundation wall. Such wall is to be damp-proofed as in new construction.
The wall is to be erected in such a manner that the floor beam will
rest securely upon the wall.
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(i)
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The person causing the demolition work shall make certain the
roof covering and roof drainage system along the party wall is repaired
or replaced as in new construction. This shall include flashing, drip-edge
plates, gutters and rainwater conductors as required.
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(j)
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Where it is determined in the judgment of the code official
that the property abutting the property to be demolished is not of
sufficient structural integrity to withstand the erection of a party
wall in accordance with this § 110.6.5, the requirements
of this § 110.6.5 regarding the erection of a party wall
will be waived until such time as the owner of said abutting property
can make the property structurally sound.
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110.6.6 Demolition. All full structure demolition
shall be from the roof down to the basement. No materials shall be
allowed to accumulate within the basement area during demolition.
All walls, with the exception of party walls, shall be demolished,
including foundation walls not supporting party walls that are to
remain. When deemed necessary by the Codes Administrator or designee,
the demolition contractor shall be required to water soak the building
being removed in order to control dust and dirt.
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110.6.7 Removal of debris. All debris shall be
removed from the job site to an approved disposal site.
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110.6.8 Backfilling.
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(a)
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Existing sewer lines shall be capped and inspected prior to
backfilling the area.
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(b)
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No unstable, combustible, metal, biodegradable plaster or mortar
material will be permitted to be used as fill.
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(c)
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From three feet below grade to grade level, the materials used
as fill must be nonbiodegradable and be no larger than six inches
by six inches by six inches in size.
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(d)
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Final grading and surfacing shall be done in such a manner so
as to take into consideration natural settlement of the materials
utilized.
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(e)
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Final grading shall be accomplished so as to prevent surface
water runoff in any amount.
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(d)
Section 110.7 is added to read as follows:
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110.7 Demolition of structures four stories above grade
or more.
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110.7.1 Application for building/demolition permit. See § 110.6.1 of this code.
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110.7.2 Approval of Codes Administrator. See § 110.6.2
of this code.
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110.7.3 General. See § 110.6.3 of this
code.
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110.7.4 Site preparation.
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(a)
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Written notice of the proposed work shall be provided to the
adjacent property owner(s) and any tenants one week prior to the beginning
of the work.
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(b)
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Any structural damage that would cause those working in or around
the site undo risk shall be shored or braced in accordance with accepted
engineering practice before work at the site may begin.
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(c)
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All affected utilities (gas, electric, telephone, water, sewer
and cable) shall be disconnected and verified by supervisor on site
prior to the start of demolition.
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(d)
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Where applicable, glazed sash and glazed doors and other glass
shall be removed before other demolition work is started.
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(e)
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All excess materials and rubbish shall be removed and disposed
of properly.
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(f)
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When deemed necessary by the Codes Administrator or designee,
the person/persons effecting the demolition may be required to build
side sheds and/or fences to protect the public from harm during demolition.
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110.7.5 Party walls. See § 110.6.5 of
this code.
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110.7.6 Demolition.
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(a)
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All full structure demolition shall be from the roof to the
foundation.
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(b)
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The structural or load-supporting members on any floor shall
not be cut or removed until all stories above the floor have been
demolished and removed.
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(c)
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In buildings of skeleton construction, the steel framing may
be left in place during the demolition of masonry work. Where this
is done, all steel beams, girders and the like shall be cleared of
all loose materials as the masonry work progresses downward.
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(d)
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At the completion of each day's work, all remaining walls shall
be left stable and in no danger of collapse.
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(e)
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Foundation walls which serve as retaining walls to support adjoining
structures shall not be demolished until such adjoining structures
have been underpinned or braced and earth removed or supported by
sheet piling or sheathing.
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(f)
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In demolition of brick or masonry chimneys that cannot safely
be toppled or dropped, all materials shall be dropped down on the
inside of such chimney.
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(g)
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Construction sheds and toolboxes shall be so located as to protect
workers from the danger of falling walls and other falling objects.
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(h)
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When deemed necessary by the Codes Administrator or designee,
the demolition contractor shall be required to water soak the structure
being removed in order to control dust and dirt.
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110.7.7 Alternate methods. The provisions of this
chapter are not intended to prevent the use of alternate methods of
demolition not specifically prescribed, provided that any such alternate
method has been approved. An alternate method shall be approved when
the Codes Administrator or designee finds such method is satisfactory
and complies with the intent of this code insofar as adequate protection
to the public, adjoining structures, municipal and public utility
systems and environment is concerned.
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110.7.8 Removal of debris. See § 110.6.7
of this code.
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110.7.9 Backfilling. See § 110.6.8 of
this code.
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(7)
Section 111, Means of Appeal. This section is hereby deleted in its entirety. See § 8-107.5 of this code.
(8)
Section
111, Disorderly Properties, is added to read as follows:
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SECTION 111
DISORDERLY PROPERTIES
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111.1 General. When the Codes Administrator is
notified by the Chief of Police that a structure constitutes a disorderly
property, such structure shall be condemned as unfit for human occupancy
pursuant to the provisions of this code.
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111.1.1 Disorderly property. A "disorderly property"
is any house, room, premises or nonresidential property to which either
three felony responses, five misdemeanor responses or 10 summary responses
have been made within any one-year period from the date of the first
response by law enforcement officers, ambulance or other emergency
services. For the purposes of this section, "felony responses" shall
mean any response for an act which would constitute a felony offense
under any state, federal or local law, as defined by that law. For
the purposes of this section, "misdemeanor responses" shall mean any
response for an act which would constitute a misdemeanor offense under
any state, federal or local law, as defined by that law. For the purposes
of this section, "summary responses" shall mean any response for an
act which would constitute a summary offense under any state, federal
or local law, as defined by that law. "Summary responses" shall also
include any criminal medical responses not otherwise covered by any
of the above definitions. For the purposes of this section, the determination
of a felony, misdemeanor or summary response shall be made at the
time of the call and shall be classified as it would appear to a reasonable
law enforcement officer or other skilled emergency worker, based on
the preponderance of the evidence available to the officer or worker
at the time the call was made. The existence of a disorderly property
shall constitute a per se public nuisance.
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111.2 Notice. Upon certification by the Codes Administrator,
through the Chief of Police, that a structure constitutes a public
nuisance under the provisions of this section, notice shall be posted
in a conspicuous place in or about the structure affected by such
notice and served on the owner and/or tenant(s) of the structure in
accordance with § 107.3 of this code. The notice shall be
in the form prescribed by § 107.2 and shall inform the property
owner and/or tenant that the property will be placarded if the nuisance
is not abated. A public nuisance shall be considered unabated if any
federal, state or local law enforcement officers, ambulance or other
emergency service responds to one legitimate complaint for disorderly
behavior or other illegal activity occurring at the property within
60 days of the notice.
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111.2.1 Appeal. The owner of the property or any
person aggrieved by a notice issued by the Codes Administrator may
appeal such notice, within 20 days of the receipt thereof, to the
Building and Housing Code Board of Appeals. Any person aggrieved by
any decision issued by the Building and Housing Code Board of Appeals
may take a further appeal to Harrisburg City Council. The Building
and Housing Code Board of Appeals and/or Harrisburg City Council,
as appropriate, shall hear the parties, their witnesses and counsel
and shall make a finding thereof. The Building and Housing Code Board
of Appeals or Harrisburg City Council may, but is not required to,
view the property, premises, building, business or occupation before
issuing its finding and may use said viewing in its decision.
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111.3 Placarding and revocation of permits. In the event of affirmance by Council, the Building and Housing Code Board of Appeals or lack of appeal, failure of the owner or person responsible to abate the nuisance within the time given will result in the vacation and/or revocation of any certificate of compliance issued pursuant to § 8-511.4 of the Codified Ordinances or, if applicable, the revocation of the business or mercantile license of the owner(s), as well as the posting on the property of a placard bearing the words "UNFIT FOR HUMAN OCCUPANCY." Any tenants and/or occupants therein must be removed within 20 days of the date of the posting.
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111.3.1 Removal of placard. Following a period
of six months after the revocation of permits and the placarding of
a public nuisance property, the property owner may file an application
with the Building and Housing Code Board of Appeals for the reissuance
of all applicable permits and the removal of any placard, which application
shall not be unreasonably denied.
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111.4 Prohibited occupancy. Any person who shall occupy a placarded premises and any owner or person responsible for the premises who shall allow anyone to occupy a placarded premises shall be subject to the criminal penalties enumerated in § 8-107.99 of this code, as well as any other civil and equitable remedies available to the City by law.
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B.
Chapter
2, Definitions.
(1)
Section
202, General Definitions, is amended as follows:
(a)
The definitions of the following terms appearing in this code are hereby deleted in their entirety and replaced with the definitions set forth in Chapter 1-302 of the Codified Ordinances: "dwelling unit" and "rooming house."
(b)
The definitions of the following terms, as set forth in Chapter 1-302 of the Codified Ordinances, are hereby added to this code: "boardinghouse," "central heating," "dormitory," "dwelling," "family," "group dwellings," "hotel," "maintenance," "motel," "multiple dwellings" and "renovation."
(c)
The definition of the following term, as set forth in the International
Property Maintenance Code, 2006 Edition, is hereby added to this code:
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INOPERABLE MOTOR VEHICLE. A vehicle which cannot
be driven upon the public streets for reasons including but not limited
to being unlicensed, wrecked, abandoned, in a state of disrepair,
or incapable of being moved under its own power.
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C.
Chapter
3, General Requirements.
(1)
Section
302, Exterior Property Areas.
(a)
Section 302.8 is amended to read as follows:
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302.8 Motor vehicles. Except as provided for in
other regulations, no inoperative, unlicensed, unregistered or uninspected
motor vehicle shall be parked, kept or stored on any premises; and
no vehicle shall at any time be in a state of major disassembly, disrepair,
or in the process of being stripped or dismantled; and no vehicle
may be parked on areas of a premises unapproved for parking. Painting
of vehicles is prohibited, unless conducted inside an approved spray
booth.
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Exception: A vehicle of any type is permitted to
undergo major overhaul, including body work, provided that such work
is performed inside a structure or similarly enclosed area designed
and approved for such purposes.
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(b)
Sections 302.10 and 302.11 are added to read as follows:
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302.10 Stairs and porches. Every stair, porch,
fire escape, balcony and all appurtenances attached thereto shall
be safe to use and capable of supporting anticipated loads and shall
be maintained in sound condition and good repair. Every stair, porch
and fire escape shall be maintained free of hazardous accumulations
such as snow, ice, mud, and other debris.
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302.11 Shade trees.
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The Codes Administrator, or designee, shall order removal of
any shade tree located between the curb and the sidewalk for any of
the following reasons:
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(a)
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Roots are getting into water or sewer lines or causing structural
damage; or
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(b)
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The tree is infected or diseased; or
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(c)
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The tree is dead; or
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(d)
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Primary roots are lifting sidewalks/pavement up more than six
inches; or
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(e)
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Other circumstances based on approval by the Codes Administrator
or an appointed designee.
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(2)
Section
303, Exterior Structure.
(a)
Section 303.1 is amended to read as follows:
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303.1 General. The exterior of a structure shall
be maintained in good repair, structurally sound and sanitary, and
no areas may be open to unauthorized entry so as not to pose a threat
to the public health, safety and welfare.
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(b)
Section 303.13.2 is amended to read as follows:
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303.13.2 Openable windows. Every openable window
(i.e., one which is not fixed) shall be capable of being easily opened
and held in position by window hardware. A sufficient number of windows
shall be openable to meet the ventilation requirement in § 403.1.
All other windows may be permanently fastened shut.
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(c)
Section 303.14 is amended to read as follows:
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303.14 Insect screens. During the period from March
15 to November 1, every door, window and other outside opening required
for ventilation of habitable rooms, food preparation and 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 swinging door
shall have a self-closing device in good working condition.
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(3)
Section
304, Interior Structure.
(a)
Section 304.3 is amended to read as follows:
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304.3 Interior surfaces. Floors, walls, windows,
doors, ceilings and other interior surfaces shall be maintained in
good, clean and sanitary condition. Peeling paint, cracked or loose
plaster, decayed wood and other defective surface conditions shall
be eliminated. Only substantial areas of peeling paint, cracked and/or
loose plaster and the presence of any decayed wood shall constitute
violations under this code. The dwelling must be free of hazardous
conditions that seriously threaten the structural integrity of the
interior wall or ceiling or pose other health and safety risks, as
evidenced by any leaning, large holes, loose surface materials, severe
buckling or bulging, or noticeable movement under walking stress.
Any defects which allow air to infiltrate or penetrate into the interior,
such as large areas of loose material, shall be considered violations
under this code. Cracks of 1/6 inch width or less that are not accompanied
by large areas of loose material shall not be deemed violations under
this code.
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304.3.1 Lead-based paint. Interior and exterior
painted surfaces of dwellings and child- and day-care facilities,
including fences and outbuildings, that test at or greater than one
milligram per centimeter of lead content shall be removed or covered
in an approved manner. Any surface to be covered shall first be marked
with warnings as to the lead content of such surface.
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(b)
Sections 304.7 and 304.8 are added to read as follows:
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304.7 Bathroom and kitchen floors. Every toilet,
bathroom and kitchen floor surface shall be constructed and maintained
to be substantially impervious to water. Such floors shall be easy
to clean and maintain in a sanitary condition. Bathroom flooring shall
not have any defects which would either render the surface uncleanable
or allow water penetration. Small holes, tears, depressions, slits
or seams in kitchen floors that are not in close proximity to plumbing
fixtures shall be acceptable, unless such defects present a tripping
hazard.
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304.8 Free from dampness. In every building, the
cellars, basement and crawl spaces shall be maintained reasonably
free from dampness to prevent conditions conducive to decay or deterioration
of the structure. Dirt basement floors shall be acceptable if there
is no evidence of vermin or excessive dampness and there are convenient
provisions for ventilation.
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(4)
Section 305, Rubbish and Garbage.
[Added 4-28-2015 by Ord. No. 3-2015[2]]
(a)
Section 305.1 is amended to read as follows:
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305.1 Accumulation of rubbish or garbage. All exterior
property and premises, and the interior of every structure, shall
be free from any accumulation of rubbish or garbage. Rubbish or garbage
shall be collected and disposed of in accordance with the sanitation
chapters of these Codified Ordinances.
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305.1.1 is added to read as follows:
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305.1.1 Notwithstanding the authority of the Bureau
of Codes to administer and enforce the Code, the Mayor hereby designates
the Department of Public Works to administer and enforce this section
related to rubbish or garbage and all provisions throughout the Codified
Ordinances related to rubbish or garbage and the enforcement thereof.
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305.1.2 is added to read as follows:
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305.1.2 Notwithstanding the authority of the Codes
Administrator to administer and enforce the Code, the City Council
hereby appoints a Property Maintenance Inspector to administer and
enforce this section related to rubbish or garbage and all provisions
throughout the Codified Ordinances related to rubbish or garbage and
the enforcement thereof.
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[2]
Editor's Note: This ordinance also provided for the renumbering
of former Subsection C(4) and (5) as Subsection C(5) and (6), respectively.
(5)
Section
306, Extermination.
(a)
Section 306.2 is amended to read as follows:
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306.2. Responsible party. Every owner, agent or
operator of any structure shall be responsible for the extermination
of any insects, rats or other pests in the structure.
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(b)
Section 306.3 is deleted.
(c)
Section 306.4 is deleted.
(d)
Section 306.5 is deleted.
(6)
Section
307 is added to read as follows:
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SECTION 307
SWIMMING POOLS, SPAS AND HOT TUBS
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307.1 Swimming pools. Swimming pools shall be maintained
in a clean and sanitary condition and in good repair.
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307.2 Enclosures. Private swimming pools, hot tubs
and spas containing water more than 24 inches (610 mm) in depth shall
be completely surrounded by a fence or barrier at least 48 inches
(1,219 mm) in height above the finished ground level measured on the
side of the barrier away from the pool. Gates and doors in such barriers
shall be self-closing and self-latching. Where the self-latching device
is less than 54 inches (1,372 mm) above the bottom of the gate, the
release mechanism shall be located on the pool side of the gate. Self-closing
and self-latching shall be maintained such that the gate will positively
close and latch when released from an open position of six inches
(152 mm) from the gatepost. No existing pool enclosure shall be removed,
replaced or changed in a manner that reduces its effectiveness as
a safety barrier.
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D.
Chapter
4, Light, Ventilation and Occupancy Limitations.
(1)
Section
404, Occupancy Limitations.
(a)
Sections 404.4 and 404.4.1 are amended to read as follows:
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404.4 Bedroom and living room requirements. Every
bedroom and living room shall comply with the requirements of §§ 404.4.1
through 404.4.5.
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404.4.1 Room area. Every living room shall contain
at least 120 square feet (11.2 m2), and
every bedroom shall contain at least 70 square feet (6.5 m2).
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(b)
Section 404.5 is amended to read as follows:
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404.5 Overcrowding. The number of persons occupying
a dwelling unit shall not create conditions that, in the opinion of
the code official, endanger the life, health, safety or welfare of
the occupants.
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(c)
Section 404.8 is added to read as follows:
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404.8 Below-grade rooms. Rooms partially or completely
below grade shall not be used as a habitable space unless:
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i.
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Floors and walls are watertight so as to prevent entry of moisture;
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ii.
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Total window area, total openable window area and ceiling height
are in accordance with this code;
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iii.
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Required minimum window area of every habitable space is entirely
above the grade adjoining such window areas; and
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iv.
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Means of egress and emergency escape are provided in accordance
with this code.
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E.
F.
Chapter
6, Mechanical and Electrical Requirements.
(1)
Section
602, Heating Facilities.
(a)
Section 602.2 is amended to read as follows:
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602.2 Residential occupancies. Dwellings shall
be provided with heating facilities capable of maintaining a room
temperature of 68° F. (20° C.) in all habitable rooms, bathrooms
and toilet rooms based on the winter outdoor design temperature for
the locality indicated in Appendix D of the International Plumbing
Code. Cooking appliances shall not be used to provide space heating
to meet the requirements of this section.
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Exception: In areas where the average monthly temperature
is above 30° F. (-1° C.), a minimum temperature of 65°
F. (18° C.) shall be maintained.
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(b)
Section 602.3 is amended to read as follows:
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602.3 Heat supply. Every owner and operator of
any building who rents, leases or lets one or more dwelling units,
rooming units, dormitories or guest rooms on terms, either expressed
or implied, to furnish heat to the occupants thereof shall supply
sufficient heat during the period from October 1 to May 15 to maintain
a room temperature of not less than 65° F. (18° C.) in all
habitable rooms, bathrooms and toilet rooms during the hours between
6:30 a.m. and 10:30 p.m. of each day and not less than 60° F.
(16° C.) during other hours. The temperature shall be measured
at a point three feet (914 mm) above the floor and three feet (914
mm) from the exterior walls.
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(c)
Section 602.4 is amended to read as follows:
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602.4 Nonresidential structures. Every enclosed
occupied work space shall be supplied with sufficient heat during
the period from October 1 to May 15 to maintain a temperature of not
less than 65° F. (18° C.) during all working hours. The temperature
shall be measured at a point three feet (914 mm) above the floor and
three feet (914 mm) from the exterior walls.
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Exceptions:
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i.
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Processing, storage and operation areas that require cooling
or special temperature conditions;
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ii.
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Areas in which persons are primarily engaged in vigorous physical
activities.
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(2)
Section
603, Mechanical Equipment.
(a)
Section 603.1 is amended to read as follows:
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603.1 Cooking and heating equipment. All cooking
and heating equipment, components and accessories in every heating,
cooking, and water heating device shall be maintained to be free from
leaks and obstructions and kept functioning properly so as to be free
from fire, health and accident hazards. All installations and repairs
shall be made in accordance with the provisions of the Building Code[4] or other laws or ordinances applicable thereto. Portable
cooking equipment employing flame is prohibited, except for approved
residential-type food trays or servers which are heated by a candle
or alcohol lamp.
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(3)
Section
604, Electrical Facilities.
(a)
Section 604.1 is amended to read as follows:
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604.1 Facilities required. Every building or part
thereof used for human occupancy shall be adequately and safely provided
with an electrical system in compliance with the requirements of this
code. The provisions of §§ 604.2 and 605 of this code
shall be considered absolute minimum requirements. The size of the
dwelling and the usage of appliances and equipment shall be used as
a basis for determining the need for additional facilities in accordance
with the Electrical Code of the City.[5]
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(b)
Section 604.2 is amended to read as follows:
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604.2 Service. The size and usage of appliances
and equipment shall be used as a basis for determining the need for
additional facilities in accordance with NFPA 70. Every dwelling shall
be served by a main service which is not less than 100 amperes, three-wire.
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G.
Chapter
7, Fire Safety Requirements.
(1)
Section
702, Means of Egress.
(a)
Sections 702.5 and 702.6 are added to read as follows:
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702.5 Egress illumination. All means of egress
shall be equipped with artificial lighting in accordance with the
Building Code.[6] Emergency lighting shall be provided in accordance with
the Building Code.
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702.6 Information signs. A sign shall be provided
at each floor landing in all interior stairways more than three stories
above grade designating the floor level above the floor of discharge.
All elevator lobby call stations on all floor levels in buildings
more than 75 feet (22,860 mm) above grade shall be marked with approved
signs reading as follows: "Use Stairways in Case of Fire — Do
Not Use Elevators."
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(2)
Section
704, Fire Protection Systems.
(a)
Section 704.1 is amended to read as follows:
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704.1 Smoke detectors. A minimum of one approved
single-station or multiple-station smoke detector shall be installed
in each guest room, suite or sleeping area in occupancies in Use Groups
R-1 and 1-1 and in dwelling units in the immediate vicinity of the
bedrooms in occupancies in Use Groups R-2 and R-3. In all residential
occupancies, smoke detectors shall be required on every story of the
dwelling unit without an intervening door between the adjacent levels.
A smoke detector installed on the upper level shall suffice for the
adjacent lower level, provided that the lower level is less than one
full story below the upper level.
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704.1.1 Responsibility for installation and maintenance. The owner of each dwelling unit shall be responsible for the installation
of the early fire detection devices (smoke detectors). It shall be
the responsibility of the occupants, whether owners, residents or
tenants, to maintain the smoke detector within the individual units.
Where early fire detection devices (smoke detectors) are located in
areas of common use by occupants, it shall be the building owner's
responsibility to maintain the smoke detectors. Such maintenance shall
include, but not be limited to, replacement of batteries or keeping
the devices connected to the electrical power source.
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H.
Chapter
9, Responsibilities of Persons, is added to read as follows:
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CHAPTER 9
RESPONSIBILITIES OF PERSONS
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SECTION 901
SANITARY CONDITIONS
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901.1. Every occupant of a structure or part thereof
shall keep his/her area in a clean and sanitary condition. Every owner
of a structure containing two or more dwelling units shall maintain
in a clean and sanitary condition the shared or public areas of the
dwelling and premises thereof. The owner of the property shall be
responsible for monitoring and enforcing the standards contained in
Section 304 of this code to ensure that both the shared and private
areas of the property are clean and sanitary.
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901.2 Extermination. Every owner, agent or operator
of a structure containing two or more dwelling units or multiple occupancies
or nonresidential structures and rooming houses shall be responsible
for the extermination of any insects, rats or other pests in the public
or shared areas of the structure.
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[1]
Editor's Note: This ordinance also repealed former § 8-107.3,
Amendments to adopted code, as amended 4-8-1997 by Ord. No. 3-1997.
The system established pursuant to § 8-507.2 of the Codified Ordinances for the purpose of determining whether or not a dwelling is fit or unfit for human habitation for purposes of rent withholding shall not be deemed to be affected by the enactment of this chapter but shall remain in full force and effect until amended or modified. The criteria utilized in amending or modifying said system shall be consistent with the provisions of this Property Maintenance Code relating to structures unfit for human occupancy.
[1]
Editor's Note: This section derives from Ord. No. 26-1975.
Any person, firm, corporation, association or other entity who is aggrieved by the ruling, decision or action of any department, bureau or division of the City in regard to the administration or enforcement of any of the provisions of this Property Maintenance Code may appeal such ruling, decision or action in writing to the Building and Housing Code Board of Appeals in the manner and in accordance with the procedures set forth in Chapter 8-501 of the Codified Ordinances.
A.
Any person, whether individually or as a member or employee of a
partnership, or any officer, agent or employee of a corporation who
directs or knowingly permits any violation of any of the provisions
of the sections of this code, or who aids or assists therein, either
on his or her own behalf or in the interests of his or her employer
or principal, and fails to comply with any order made thereunder from
which no appeal has been taken, or fails to comply with such order
as affirmed or modified by the City shall, upon conviction thereof,
severally and for each violation and noncompliance, respectively,
be fined not less than $50 nor more than $1,000, and costs, and, in
default of payment thereof, shall be imprisoned in the Dauphin County
Prison for not more than 90 days for each separate violation, or both.
The imposition of one penalty for any violation shall not excuse the
violation or permit it to continue, and all persons required to do
so shall correct and remedy violations or defects within a reasonable
time, and, when not otherwise specified, each day that the prohibited
conditions are maintained shall constitute a separate offense.
B.
The application of the above penalty shall not prevent the enforced
removal of the prohibited conditions or device or any other remedy
at law or equity available to the City for enforcement of this chapter.
[Ord. No. 9-1996]
C.
Upon conviction for a violation of any provision of this chapter pursuant to Subsection A, in addition to any fines, fees or penalties levied in accordance with Subsection A, an additional neighborhood mitigation penalty shall be levied in the amount of $25. All such penalties levied and collected by any division of the Unified Judicial System existing under Section 1 of Article V of the Constitution of Pennsylvania and 42 Pa.C.S.A. § 301 shall be remitted to the City for deposit into the Neighborhood Mitigation Fund for the purpose of funding mitigation exercises performed by the City on private properties, including but not limited to demolitions, cleanups, clean and seals and light repairs. If the fine is paid on installments, the proportionate amount of the neighborhood mitigation penalty shall be remitted on each installment.
[Added 11-13-2001 by Ord. No. 20-2001]
