Borough of Elizabethtown, PA Part 1 EXISTING STRUCTURES AND PROPERTY MAINTENANCE CODE

A Requirements.

§ 101 General.

[Ord. 687, 2/18/1988, § 100.0]

1. Title. This Part shall be known as the "Existing Structures and Property Maintenance Code of the Borough of Elizabethtown "hereinafter referred to as the "Existing Structures Code or "This Code."

2. Scope. This Part is to protect the public health, safety and welfare in all existing structures, residential and nonresidential, and on all existing premises as hereinafter provided by:

A. Establishing minimum maintenance standards for all structures and premises for basic equipment and facilities for light, ventilation, space heating and sanitation; for safety from fire; for space, use and location; and for safe and sanitary maintenance of all structures and premises now in existence.

B. Establishing minimum requirements for all existing buildings and structures for means of egress, fire protection systems and other equipment and device necessary for safety from fire.

C. Providing for rehabilitation and reuse of existing structures and allowing differences between the application of the Code requirements to new application of the Code requirements to new construction and the application of the Code requirements to alterations and repairs.

D. Fixing the responsibilities of owners, operators and occupants of all structures.

E. Providing for administration, enforcement and penalties.

3. Intent. This Part shall be construed liberally and justly to insure public health, safety and welfare insofar as they are affected by the continued use and maintenance of structures and premises.

4. Other Regulations. The provisions in this Part shall not be construed to prevent the enforcement of other ordinances or regulations which prescribe standards other than are provided herein.

5. Application of Other Codes. Any repairs or alterations to a structure, or changes of use therein, which are caused directly or indirectly by the enforcement of this Part shall be done in accordance with the procedures and provisions of the building, plumbing and mechanical codes listed in Appendix A of this Part.

6. Existing Remedies. The provisions in this Part shall not be construed to abolish or impair existing remedies of the Borough or its officers or agencies relating to the removal or demolition of any buildings which are dangerous, unsafe and unsanitary.

7. Workmanship. All repairs, maintenance work, alterations or installations which are required for compliance with this Part shall be executed and installed in a workmanlike and acceptable manner so as to secure the results intended by this Part.

§ 102 Validity.

[Ord. 687, 2/18/1988, § 101.0]

1. Validity. If any section, subsection, paragraph, sentence, clause or phrase of this Part shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Part which shall continue in full force and effect, and to this end the provisions of this Part are hereby declared to be severable.

2. Saving Clause. This Part shall not affect violations of any other ordinance, code or regulation existing prior to the effective date hereof, and any such violation shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.

§ 103 Existing Structures.

[Ord. 687, 2/18/1988, § 102.0]

1. Alterations or Repairs. Alterations or repairs to existing structures shall conform to the BOCA Building Code for new construction. Alteration or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building.

2. Other Ordinances. As provided in § 101(2), this Part establishes minimum requirements for the initial and continued occupancy and use of all structures and premises and does not replace or modify requirements otherwise established by ordinance which are additional or more stringent for the construction, repair, alteration or use of structures, equipment or facilities.

§ 104 Approval.

[Ord. 687, 2/18/1988, § 103.0]

1. Approved Materials and Equipment. All materials, equipment and devices approved for use by the Code Official shall be constructed and installed in accordance with such approval.

2. Modification. When there are practical difficulties involved in carrying out the structural or mechanical provisions of this Part, the Code Official shall be permitted to vary or modify such provision upon application of the owner or the owner's representative, provided that the spirit and intent of the law shall be observed and public welfare and safety assured.

3. Records. Applications for modification and final decision of the Code Official shall be in writing and shall be officially recorded in the permanent records of the department.

4. Used Materials and Equipment. Used materials, equipment and devices shall not be reused unless thy have been reconditioned, tested and placed in good and proper working condition and approved for use by the Code Official.

5. Alternative Materials and Equipment. The provisions of this Part are not intended to prevent the use of any material or method of construction not specifically prescribed by this Part, provided any such construction shall be approved when the Code Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this Part, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Part in quality, strength, effectiveness, fire resistance, durability and safety.

6. Research and Investigations. The Code Official shall require that sufficient technical data be submitted to substantiate the proposed use of any material or assembly, and if it is determined that the evidence submitted is satisfactory proof of performance for the use intended, the Code Official shall approve its use subject to the requirements of this Part, the costs of all tests, reports and investigations required under these provisions shall be paid by the applicant.

§ 105 Enforcement Authority.

[Ord. 687, 2/18/1988, § 104.0]

1. Officer. If shall be the duty and responsibility of the Code Official to enforce the provisions of this Part as herein provided. The Borough Manager(s) may enforce any section of this Part.

2. Relief from Personal Liability. Any Code Official, officer or employee who acts in good faith and without malice in the discharge of duties of enforcement of this Part is relieved of all personal liability for any damage accruing to persons or property as a result of such acts or alleged failure to act. Further, the Code Official shall not be held liable for any costs in any action, suit or proceeding that is instituted by the Code Official in the enforcement of this Part. In any of these actions, the official or employee shall be defended or represented by the Borough Solicitor until the final termination of the proceedings.

3. Official Records. An official record shall be kept of all business and activities of the department specified in the provisions of this Part.

§ 106 Duties and Powers of Code Official.

[Ord. 687, 2/18/1988, § 105.0; as amended by Ord. 864, 11/17/2005, § 312]

1. General. The Code Official shall enforce all the provisions of this Part.

2. Notices and Orders. The Code Official shall issue all necessary notices and orders to abate illegal or unsafe conditions to insure compliance with the requirements or this Part for the safety, health, and general welfare of the public.

3. Rental Properties. All dwelling units, apartments, rooming units and hotels or other residential rental units as defined in Part 3, Residential Rental Units Regulations of this chapter, which are let for occupancy shall be subject to all inspections authorized and required by Chapter 5 of this Code, and this Part, to random inspections by the Codes Compliance Official, and to inspections if the Codes Compliance Official reasonably determines that an inspection is necessary.

[Amended by Ord. 983, 11/16/2017]

4. Nonconforming Conditions. If additional nonconforming conditions are encountered during the course of any approved alteration or repair which were not considered or known initially, the Code Official shall have the authority to require compliance with this Part of such additional conditions. The determination of what is necessary to bring such conditions into compliance shall take into consideration the use of alternative and equivalent approaches as provided for in this Part. The Code Official shall have the authority to approve construction changes in the field when conditions are encountered which make the originally approved work impracticable, provided such changes in approved work can be readily determined to be in compliance with this Part and are requested by the owner or the owner's agent prior to such construction changes. Such changes shall be specifically documented by the owner or the owner's agent describing the change in work and the reasons and justification for the change, and shall be filed with the permit for the project.

5. Right of Entry. If any owner, occupant, or other person in charge of a structure subject to the provisions of this Part 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 Part is sought, the administrative authority shall be permitted to seek, in a court of competent jurisdiction, an order that such owner, occupant or other person in charge cease and desist with such interference.

6. Access by Owner or Operator. Every occupant of a structure or premises shall give the owner or operator thereof, or agent or employee, access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this Part.

7. Credentials. The Code Official or the Code Official's authorized representative shall disclose proper credentials of their respective office for the purpose or inspecting any and all buildings and premises in the performance of duties under this Part.

8. Coordination of Enforcement. Inspection of premises, the issuance of notice and orders and enforcement thereof shall be the responsibility of the Code Official so charged by the Borough. Whenever inspections are necessary by any other department, the Code Official shall make reasonable effort to arrange for the coordination of such inspections so as to minimize the number of visits by inspectors, and to confer with the other departments for the purpose of eliminating conflicting orders before any are issued. A department shall not however, delay the issuance of any emergency orders.

9. Rule Making Authority. The Code Official shall have power as may be necessary in the interest of public safety, health and general welfare, to adopt and promulgate rules and regulations to interpret and implement the provision of this Part to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions; but such rules shall not have the effect of waiving working stresses or fire protection requirements specifically provided in this Part or violating approved practice involving public safety.

10. Annual Report. At least annually, the Code Official shall submit to the Borough Council a written statement of operations in the form and content as shall be prescribed by the Borough.

§ 107 Condemnation.

[Ord. 687, 2/18/1988, § 106.0]

1. General. When a structure or part thereof is found by the Code Official to be unsafe, or when a structure or part thereof is found unfit for human occupancy or uses, or is found unlawful, it shall be condemned by Borough Council pursuant to the provisions of this Part and shall be placarded and vacated. It shall not be reoccupied without approval of the Code Official. Unsafe equipment shall be placarded and placed out of service.

2. Unsafe Structure. An unsafe structure is one in which all or part thereof is found to be dangerous to life, health, property, or the safety of the public or its occupants by not providing minimum safeguards for protection from fire or because it contains unsafe equipment or it is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is likely.

3. Unsafe Equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that it is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

4. Structure Unfit for Human Occupancy. A structure is unfit for human occupancy or use whenever the Code Official finds that it is unsafe, unlawful, or because of the degree in which it lacks maintenance or is in disrepair, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this Part, or because its location constitutes a hazard to its occupants or to the public.

5. Unlawful Structure. An unlawful structure is one found to be occupied by more persons than permitted under this Part, or was erected, altered or occupied contrary to law.

6. Closing of Vacant Structures. If the structure or part thereof is vacant and unfit for human habitation, occupancy or use and is not in danger of structural collapse, the Code Official shall be permitted to post a placard of condemnation on the premises and order the structure closed up so it will not be an attractive nuisance to youngsters. Upon failure of the owner to close up the premises within the time specified in the order, the Code Official shall cause it to be closed through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

§ 108 Notices and Orders.

[Ord. 687, 2/18/1988, § 107.0; as amended by Ord. 882, 2/15/2007]

1. Notice to Owner or to Person or Persons Responsible. Whenever the Code Official determines that there has been a violation of this Part or had reasonable grounds to believe that a violation has occurred, or whenever the Code Official has condemned any structure or equipment under the provisions of § 107, notice shall be given to the owner or the person or persons responsible therefore in the manner prescribed below, If the Code Official has condemned the property or part thereof, the Code Official shall give notice to the owner and to the occupants of the intent to placard and to vacate the property or to order equipment out of service.

2. Form. Such notice prescribed in § 108(1) shall:

A. Be in writing.

B. Include a description of the real estate sufficient for identification.

C. Include a statement of the reason or reasons why it is being issued.

D. Include a correction order allowing a reasonable time for the repair and improvements required to bring the dwelling unit or structure into compliance with the provisions of this Part.

E. Include an explanation of the owner's right to seek modification or withdrawal of the notice by petition to an appeals board or appropriate review board.

3. Service. Such notice shall be deemed to be properly served upon such owner if a copy thereof is delivered to the owner personally; or by leaving the notice at the 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 by certified or registered mail, addressed to the owner at the last known address, with return receipt requested; or if the supplied registered letter is returned with receipt showing that it has not been delivered, and the enforcement officer does not otherwise know that the person to whom notice is directed has not otherwise received same, then by:

A. Posting a copy of the notice in a conspicuous place in or about the structure affected by such notice; and

B. By publication of the notice of the action once in the legal publication, if any, designated by the court in Lancaster County, Pennsylvania, and in one newspaper of general circulation within Lancaster County, Pennsylvania. The publication notice shall contain the name of the action, and the name of the party involved and state the nature of the action.

4. Service on Occupant. When a condemnation order is served on an occupant other than the owner or person responsible for such compliance, a reasonable time to vacate the property after noncompliance shall be stated. Tenants, owners or persons responsible for compliance must vacate at the time set for correction of defects if there is failure of compliance.

5. Penalties. Penalties for noncompliance with orders and notice shall be subject to the penalties set forth in § 111.2.

6. Transfer of Ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee, a true copy of any compliance order or notice of violation issued by the Code Official and shall furnish to the Code Official a signed statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.

§ 109 Placarding.

[Ord. 687, 2/18/1988, § 108.0]

1. Placarding of Structure. After the condemnation notice required under the provisions of this Part has resulted in an order by virtue of failure to comply within the time given, the Code Official shall post on the premises or structure or parts thereof, or on defective equipment, a placard bearing the words: "Condemned as Unfit for Human Occupancy or Use," and a statement of the penalties provided for any occupancy or use or for removing the placard. The owner or the person or persons responsible for the correction of violations shall remove themselves from the property on failure to comply with the correction order in the time specified, but other occupants shall be given a reasonable time thereafter to vacate.

2. Prohibited Use. Any person who shall occupy a placarded premises or structure or part thereof, or shall use placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises shall be liable for the penalties provided by this Part.

3. Removal of Placard. The Code Official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placard action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Code Official shall be subject to the penalties provided by this Part.

§ 110 Emergency Orders.

[Ord. 687, 2/18/1988, § 109.0]

1. General. Whenever the Code Official finds that an emergency exists on any premises, or in any structure or part thereof, or on any defective equipment which requires immediate action to protect the public's health and safety or that of the occupants thereof, the Code Official shall, with proper notice and service in accordance with the provisions of § 108, issue an order reciting the existence of such an emergency and requiring the vacating of the premises or such action taken as is necessary to meet such emergency. Notwithstanding other provisions of this Part, such order shall be effective immediately, and the premises or equipment involved shall be placarded immediately upon service of the order.

2. Hearing. Any person to whom such order is directed shall comply with that order. Such person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as prescribed in this Part. Under emergency conditions, such person shall file a petition for appeal within 72 hours of such order and the Appeals Board will hold a hearing within 15 days of the appeal notice. Depending upon the findings of the board at such hearing as to whether the provisions of this Part have been complied with, the board shall continue such order or modify or revoke it.

§ 111 Violations, Penalties, and Enforcement.

[Ord. 687, 2/18/1988, § 110.0; as amended by Ord. 829, 11/15/2001; by Ord. 889, 9/20/2007, § 2; by Ord. 945, 2/21/2013; by Ord. 960, 9/18/2014]

1. Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, use or occupy any structure or equipment regulated by this Part, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this Part.

2. Penalty. Any person, firm or corporation, who shall violate any provisions of this Part shall, upon conviction thereof, be subject to a fine of not less than $200 nor more than $1,000 plus costs of prosecution and, in default of payment of said fine and costs, to a term of imprisonment for a term not to exceed 30 days. The costs shall include, without limitation, any court filing fees and the expenses incurred by the Borough for its employees to collect any such sums as well as attorney fees incurred by the Borough. Each day beyond the effective date of the notice that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.

3. Prosecution. In case any violation order is not promptly complied with, the Code Compliance Official, following consultation with the Borough Council and/or Borough Solicitor, shall be authorized to institute an appropriate action or proceeding to exact the penalty provided in § 111.2. The Code Compliance Official shall have further authority to consult with the Borough Solicitor as to whether it would also be appropriate to proceed at law or in equity against the person responsible for the violation and to so proceed if deemed necessary for the purpose of ordering that person:

A. To restrain, correct or remove the violation or refrain from any further execution of work.

B. To restrain or correct the erection, installation or alteration of such structure;

C. To require the removal of work in violation.

D. To prevent the occupation or use of the structure or part thereof erected, constructed, installed or altered in violation of, or not in compliance with, the provisions of this Part, or in violation of a plan or specification under which an approval, permit or certificate was issued.

4. Service Fees for Reoccurring Violations. When a property has been declared a public nuisance due to refuse accumulation, insect, vermin or rodent infestation, lack of required utilities, facilities, equipment or other property maintenance violations listed in this Part, deemed a detriment to the occupants of a property or the public-at-large and/or cause a blighting condition, the Code Compliance Official will notify the responsible party. In the event of a reoccurrence of the violation, a service charge established by the Borough Council of the Borough of Elizabethtown by ordinance or resolution shall be assessed against the responsible party. Repeat offender service fees shall be payable to the Borough of Elizabethtown within 15 days of receipt of the Borough invoice setting forth the service fee. Failure to timely pay said fee will result in the Borough instituting appropriate action against the offender to recover both the service fee and any related administrative fees.

5. Public Safety Official Notice and Quick Ticket Procedures. In addition to other enforcement mechanisms available to the Borough under this Part, the Code Compliance Official is authorized to issue public safety official notices for Property Maintenance Code violations and Quick Tickets for violations including, but not limited to, high weeds and grass, garbage, failure to clear snow and ice from public sidewalks, accumulation of rubbish, animal waste and improper storage. The Code Compliance Official may issue a Quick Ticket in addition to or in lieu of issuing a notice of violation. The Code Compliance Official shall serve the ticket by mail, personally delivering the ticket to the property owner or property management office or company responsible for said property in violation or by affixing the ticket to the property where the violation exists. The Code Compliance Official may use more than one form to serve the ticket to the violator. The Quick Ticket penalties for the above-referenced violations shall be payable within 15 days. Repeat offenders shall be subject to additional penalties. Failure to pay the Quick Ticket within 15 days may result in a summary citation being issued through the local Magisterial District Judge's office. The Borough Council of the Borough of Elizabethtown shall approve Quick Ticket forms and penalty amounts by resolution. Appeals of this Section shall be made pursuant to § 113 of this Part.

§ 112 Demolition.

[Ord. 687, 2/18/1988, § 111.0]

1. General. The Code Official, upon a direction by the Borough Council, shall order the owner of the premises upon which is located any structure or part thereof, which in the Code Official's judgment is so old, dilapidated or is in such a state of disrepair to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use, and so that it would be unreasonable to repair the same, to raze and remove such structure or part thereof; or if it can be made safe by repairs, to repair and make safe and sanitary or to raze and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of one year, to raze and remove such structure of part thereof.

2. Unreasonable Repairs. Whenever the Code Official, Borough Council and necessary consultants determine that the cost of such repairs would exceed 100% of the current value of such structure, such repairs shall be presumed unreasonable and it shall be presumed for the purpose of this Section that such structure is a public nuisance which shall be ordered razed without option on the part of the owner to repair.

3. Order. The order shall specify a time in which the owner shall comply therewith and specify repairs, if any. It shall be served on the owner of record or an agent where an agent is in charge of the building and upon the holder of any encumbrance of record in the manner provided for service of a summons by a court of record. If the owner or a holder of an encumbrance of record cannot be found, the order shall be served by posting it on the main entrance of the building and by publishing it once each week for three successive weeks in a newspaper authorized to provide service by publication.

4. Restraining Actions. Anyone affected by any such order may within 15 days after service of such order apply to a court of record for an order restraining the Code Official from razing and removing such structure or parts thereof. The court shall determine whether the order of the Code Official is reasonable, and if found reasonable, the court shall dissolve the restraining order, and if found not reasonable, the court shall continue the restraining order or modify it as the circumstances may require.

5. Failure to Comply. Whenever the owner of a property fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure or part thereof to be razed and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such razing and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

6. Salvage Materials. When any structure has been ordered razed and removed, the Borough Council or other designated person under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such razing and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the use of the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.

§ 113 Right to Appeal.

[Ord. 687, 2/18/1988, § 112.0]

1. Petition. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Part, or of any rule of regulation adopted pursuant thereto, shall have the right to request and shall be granted a hearing on the matter before the board; provided that such person shall file, in the office of the board, a written petition requesting such hearing and containing a statement of the grounds therefore within 30 days after the day the notice was served.

2. Appeals Board. In order to protect existing structures in the Borough from overly vigorous enforcement of the provisions of this Part, there shall be and is hereby created a Code Appeals Board, hereafter referred to as the Board, consisting of five members who shall be appointed by the Borough Council.

3. Membership. Whenever possible, the membership of the Board shall consist of the Board of Health Office, a member of Borough Council, a fire company official, a builder or contractor, and a licensed engineer. At least three members shall have been a resident of the Borough. Borough Council shall appoint each member for a term of five years. Borough Council shall appoint a Borough official to serve as secretary to the Board. This official shall be a nonvoting member of the Board.

4. Vote. The Board shall hear all appeals relative to the enforcement of this Part, and by a concurring vote of the majority of its members shall reverse or affirm wholly or partly, or modify, the decision appealed from, and shall make such order or determination as in its opinion ought to be made. In the case of a tied vote, the action shall be deemed a confirmation of the decision of the Code Official.

5. Financial Interest. A member of the Board shall not participate in any appeal in which that member has a direct or indirect financial interest, or is engaged as a contractor, or is engaged in the preparation of plans and specifications or in which that member has any personal interest.

6. Records. The secretary of the Board shall keep a record of each meeting so that the record shows clearly the basis for each decision made by the Board.

§ 114 Definitions.

[Ord. 687, 2/18/1988, § 201.0; as amended by Ord. 744, 9/16/1993, § 2; by Ord. 882, 2/15/2007; by Ord. 945, 2/21/2013]

1. General.

A. Scope. Unless otherwise expressly stated, the following terms shall, for the purpose of this Part, have the meanings indicated in this Part.

B. Interchangeability. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.

C. Terms Defined in Other Codes. Where terms are not defined in this Part and are defined in the building, plumbing or mechanical codes listed in Appendix A, they shall have the same meaning ascribed to them as in those codes.

D. Terms Not Defined. Where terms are not defined, through the methods authorized by this Section, they shall have their ordinarily accepted meanings such as the context shall imply.

E. Parts. Whenever the words "dwelling unit," "multifamily dwelling," "premises," "residential building," or "rooming unit" are used in this Part, they shall be construed as though they were followed by the words, "or any part thereof."

[Amended by Ord. 983, 11/16/2017]

2. 

Applied Meaning of Words and Terms.

ABATEMENT

The reduction of, removal of or encapsulation of lead, followed by thorough clean up and post clean up treatment, from the surfaces and sources that promote exposure resulting in the possibility of lead toxicity or poisoning, which abatement shall be in a manner approved or determined to be appropriate by the Borough. The method of abatement and subsequent disposal of lead shall not present a hazard to health from fumes, dust or vapors by inhalation, ingestion or absorption through the skin and mucous membranes and shall be in accordance with all applicable laws, ordinances, regulations and safety standards of the Borough, State and Federal agencies.

ACCESSORY DWELLING UNIT

An accessory dwelling unit as defined in Chapter 27, Zoning.

[Added by Ord. 983, 11/16/2017]

APPROVED

Approved by the Code Official.

BASEMENT

That portion of a building which is partly or completely below grade.[1]

BED-AND-BREAKFAST ESTABLISHMENT

A bed-and-breakfast establishment as defined in Chapter 27, Zoning.

[Added by Ord. 983, 11/16/2017]

BUILDING CODE

The Building Code officially adopted by the Borough of Elizabethtown, or other such codes officially designated by the Borough for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures.

CENTRAL HEATING

The heating system permanently installed and adjusted so as to provide the distribution of heat to all habitable rooms, bathrooms and water closet compartments from a source outside of these rooms.

CODE OFFICIAL

The official who is charged with the administration and enforcement of this Part, or any duly authorized representative.

CONDEMN

To adjudge unfit for use or occupancy.

DORMITORY

A space in a building where group sleeping accommodations are provided for persons not members of the same family group, in one room, or in a series of closely associated rooms.

DWELLINGS

See § 114(1)(E).

DWELLING UNIT

A single unit providing complete, independent lining facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. (See § 114.1E.)

ELEVATED BLOOD LEAD LEVEL

A blood lead level of a child under six years of age confirmed by venous sample to be equal to or greater than the lead level defined as elevated by the United States for Centers Disease Control.

EXPOSED SURFACE

All interior surfaces of a dwelling and those exterior surfaces of a dwelling which are readily accessible to children under six years of age, such as stairs, decks, porches, railings, windows, doors and siding. Any yard or other area in the vicinity of a dwelling including, without limitation, any soil, yard or other area which may be subject to contamination from flaking or peeling lead based coatings or any other source of lead is also considered an exposed surface.

EXTERIOR PROPERTY AREAS

The open space on the premises and on adjoining property under the control of owners or operators of such premises.

EXTERMINATION

The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping, or by any other approved pest elimination methods.[2]

FAMILY

A family as defined in Chapter 27.

[Added by Ord. 983, 11/16/2017]

GARBAGE

The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

HABITABLE SPACE

Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.[3]

HOTEL/MOTEL

A building or group of buildings where more than six individual sleeping quarters that may have separate entrances are offered for compensation, to transient occupants as defined in this Part, licensed under applicable laws and regulations. Such a use may have ancillary services, such as recreational facilities, dining services, meeting rooms, and/or fitness centers.

[Added by Ord. 983, 11/16/2017]

INFESTATION

The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.

LEAD BASED COATING

Any paint, varnish, glaze or other applied liquid surface coating and putty or plaster which contains a quantity of lead in excess of 0.6 milligrams per square centimeter of surface.

LET FOR OCCUPANCY or LET

To permit possession or occupancy of a dwelling, dwelling unit, rooming unit, building or structure by a person who shall be the legal owner or not be the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement or contract for the sale of land.

MAINTENANCE

Acts or repair and other acts to prevent a decline in the condition of grounds, structures, and equipment; such that the condition does not fall below the standards established by this Part and other applicable statutes, codes and ordinances.[4]

MOTOR VEHICLE

A vehicle which is self-propelled (except an electric personal assistive mobility device or vehicle which is propelled solely by human power), as well as any other trailer, tag-along or other item which is required to be licensed by the Commonwealth of Pennsylvania, Department of Motor Vehicles, whether self-propelled or not. A motor vehicle shall include but not be limited to cars, all forms of trucks, motorcycles, motor-driven cycles, motorized pedicycles, and motor homes. The use of the specific examples of a "motor vehicle" is not intended to nor shall it diminish the general language of the definition.

MULTIFAMILY APARTMENT HOUSE

A building or portion thereof containing more than two dwelling units and not classified as a one or two family dwelling.

OCCUPANT

Any person living and/or sleeping in dwelling unit or having possession of a space within a building.

ONE FAMILY DWELLING

A building containing one dwelling unit.

OPENABLE AREA

That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

OPERATOR

Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER

Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the State, county or Borough as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of any such person if ordered to take possession of real property by a court.

PERSON

An individual, corporation, partnership or any other group acting as a unit.

PLUMBING FIXTURE

A receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises, and demands a supply of water therefrom; or discharges used water, liquid-borne waste materials, or sewage either directly or indirectly to the drainage system of the premises; or which requires both a water supply connection and a discharge to the drainage system of the premises.

PREMISES

A lot, plot or parcel of land including the buildings or structures thereon. (See § 114(1)(E).)

PUBLIC NUISANCE

(1) The physical condition, or use of any premises regarded as a public nuisance at common law.

(2) Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures.

(3) Any premises which has unsanitary sewerage or plumbing facilities.

(4) Any premises designated as unsafe for human habitation or use.

(5) Any premises which is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecured as to endanger life, limb or property.

(6) Any premises from which the plumbing, heating and/or facilities required by this Part have been removed or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided.

(7) Any premises which is unsanitary, or which is littered with rubbish of garbage, or which has an uncontrolled growth of weeds.

(8) Any structure or building that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and dangerous to anyone on or near the premises.

RESIDENTIAL BUILDING

A building in which sleeping accommodations or sleeping accommodations and cooking facilities as a unit are provided; except when classified as an "institution" under the building code listed in Appendix A. (See § 114(1)(E).)[5]

RESIDENTIAL RENTAL UNIT

A residential rental unit as defined in Chapter 5, Code Enforcement, Part 3, Residential Rental Units Regulations.

[Added by Ord. 983, 11/16/2017]

ROOMING UNIT

A rooming unit as defined in Chapter 27, Zoning.

[Amended by Ord. 983, 11/16/2017]

RUBBISH

Combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.

SHORT-TERM LODGING ACCOMMODATION

A short-term lodging accommodation as defined in Chapter 27, Zoning.

[Added by Ord. 983, 11/16/2017]

STRUCTURE

That which is built or constructed, including without limitation because of enumeration, buildings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes, chute escapes, railings, water tanks, towers, open grade steps, sidewalks or stairways, tents or anything erected and framed of component parts which is fastened, anchored or rests on a permanent foundation or on the ground.

TRANSIENT OCCUPANCY

Transient occupancy as defined in Chapter 27, Zoning.

[Added by Ord. 983, 11/16/2017]

TRANSIENT OCCUPANT

A person, as defined in this Part, who uses, possesses, or occupies a dwelling unit or portion thereof for a period of 30 consecutive calendar days or less.

[Added by Ord. 983, 11/16/2017]

TWO-FAMILY DWELLING

A building containing two dwelling units.

VENTILATION

The natural or chemical process of supplying conditioned or unconditioned air to or removing air from any space.

WORKMANLIKE

Whenever the words "workmanlike state of maintenance and repair" are used in this Part, they shall mean that such maintenance and repair shall be made in a reasonably skillful manner.

YARD

An open unoccupied space on the same lot with a building extending along the entire length of street, or rear or interior lot line.

YARD WASTE

Shall consist of garden residues, leaves, shrubbery, tree trimmings, grass clippings, dirt, sod, chipped wood, mulch, and tree branches.

[1] Editor’s Note: The former definition of “boarding house,” which immediately followed this definition, was repealed by Ord. 983, 11/16/2017.

[2] Editor’s Note: The former definition of “family,” which immediately followed this definition, was repealed by Ord. 983, 11/16/2017.

[3] Editor’s Note: The former definition of “hotel,” which immediately followed this definition, was repealed by Ord. 983, 11/16/2017.

[4] Editor’s Note: The former definition of "motel," which immediately followed this definition, was repealed by Ord. 983, 11/16/2017.

[5] Editor’s Note: The former definition of "rooming house," which immediately followed this definition, was repealed by Ord. 983, 11/16/2017.

§ 115 General Requirements.

[Ord. 687, 2/18/1988, Art. 3; as amended by Ord. 829, 11/15/2001; by Ord. 882, 2/15/2007; by Ord. 945, 2/21/2013]

1. General.

A. Scope. The provisions of this Part shall govern the minimum conditions for maintenance of exterior property, premises and structures. Premises shall comply with the conditions herein prescribed insofar as they are applicable.

B. Responsibility. The owner of the premises shall maintain such structures and premises in compliance with these requirements. A person shall not occupy as owner-occupant or let to another for occupancy or use premises which do not comply with the following requirements of this Section.

C. Vacant Structures and Land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure, and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.

2. Exterior Property Areas.

A. Sanitation. All exterior property areas and premises shall be maintained in a clean, safe and sanitary condition free from any accumulation of rubbish or garbage.

B. Containers. The operator of every establishment producing garbage, vegetable wastes, or other putrescible materials shall provide, and at all times cause to be used, leak proof approved containers provided with close fitting covers for the storage of such materials until removed from the premises for disposal. It shall be unlawful to permit the accumulation or residue of liquids, solids or a combination of such material on the bottom or side of containers and that the interior of the containers shall be kept clean by thorough rinsing and draining as often as necessary.

C. Grading and Drainage. All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Stagnant water shall be determined as any accumulation that has not dispersed within seven days of the last recorded local rainfall with the exception of water retention areas and/or reservoirs approved by the Code Official.

D. Loading Areas. All loading areas, automobile service stations and drive-in food establishments shall be paved with bituminous, concrete or equivalent surfacing and shall be free from dirt and other litter and kept in good repair. When lighted for nighttime use, lights shall not be permitted to cast directly upon dwellings nearby.

E. Insect and Rat Control. An owner of a structure or property shall be responsible for the extermination of insects, rats, vermin or other pests in all exterior areas of the premises, except that the occupant shall be responsible for such extermination in the exterior areas of the premises of a single family dwelling. Whenever infestation exists in the premises of other than a single family dwelling, extermination shall be the responsibility of the owner.

F. Public Areas. All sidewalks, steps, driveways, parking spaces and similar paved areas for public use shall be kept in a proper state of repair, free of all snow, ice, mud, overhanging trees and shrubs which obstruct walkways and other debris and shall be maintained free of hazardous conditions. If any sidewalk or driveway or portion thereof, by virtue of its state of repair, shall constitute a danger to public health and safety, the sidewalk or driveway or portion thereof shall be replaced. Steps shall comply with the requirements for exterior stairs. Any trees, shrubbery and/or vegetation abutting a public sidewalk or public street or public alley shall be maintained to a minimum height of 10 feet of clearance above the public sidewalk or public right-of-way and at a minimum height of 16 feet above any public street or public alley.

G. Weeds. All lots shall be maintained free from weeds in excess of six 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 area between the curb and the street should be maintained free from weeds or plant growth.

H. Storage Areas.

(1) All approved open salvage yards and open storage areas shall be completely obscured from surrounding property by an approved solid screen not less than six feet (1,829 mm) in height. Storage of debris, junk or construction materials, which are not associated with an approved use or permitted construction at that site, shall be prohibited.

(2) Temporary storage of materials associated with an approved use is permitted for 90 days from the date of delivery. Storage of materials associated with an approved use shall not be stored in a front yard for more than 30 days from the date of delivery.

(3) Storage of lawn and landscape equipment, items dealing with snow removal, household items, toys, recreational equipment, trash receptacles, transportation devices and furniture shall be strictly prohibited from being stored in the front yard as defined within the Zoning Ordinance.[1]

[1] Editor's Note: See Chapter 27, § 201.

(4) Storage of items on a front or side porch shall be confined to the appropriate outdoor style furniture and decorations. Toys, boxes, recycling and trash receptacles, indoor furniture, loaded trash bags, clothes, appliances and items associated with indoor residential uses shall be prohibited from being stored on the front and/or side porches.

I. Exhaust Vents. A person shall not construct, maintain, or operate pipes, ducts, conductors, fans, or blowers discharging gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes so as to discharge directly upon abutting or adjacent public and private property or that of another tenant.

J. Accessory Structure. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in compliance with all applicable provisions of Subsections 3 and 4. Should an accessory structure abut a public alley or street, the accessory structure shall display the site address in accordance with Chapter 5, Part 1, § 115, Subsection 3B.

[Amended by Ord. 975, 6/16/2016]

K. Motor Vehicles. Motor vehicles shall be subject to the requirements of Subsections 2L and 2M.

L. Residential Areas. Except as may be provided in other regulations, no unregistered and/or uninspected motor vehicle shall be parked on any property (including driveway area) in a residential district or residential use for a period in excess of 90 days, which ninety-day period shall be calculated beginning with the day that the registration and/or inspection of the vehicle became void. Said vehicle shall not at any time be in a state of major disassembly or disrepair, nor shall it be in the process of being stripped or dismantled. A motor vehicle of any type shall not at any time undergo overhaul, including body work, in a residential district or area, unless such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. If any such unregistered/uninspected motor vehicle is, before the expiration of the ninety-day period, moved in to an enclosed structure, it shall not be a violation of this section.

M. Nonresidential Areas. Motor vehicles which are currently unregistered and/or uninspected for a period in excess of 90 days, which ninety-day period shall be calculated beginning with the day that the registration and/or inspection of the vehicle became void, or in a state of major disassembly or disrepair or in the process of being stripped and stored outdoors on any property in a nonresidential district shall be removed or brought into compliance with this Part.

N. Disposition of Yard Waste. Yard waste shall not be disposed of on public rights-of-way, streets and/or alleys.

3. Exterior Structure.

A. General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the health, safety or welfare of the occupants and so as to protect the occupants from the adverse effects of the environment.

B. Site Address. Buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or public alley fronting the structure(s). These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of four inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure.

[Amended by Ord. 975, 6/16/2016]

C. Structural Members. All supporting structural members of all structures shall be kept structurally sound, free of deterioration and maintained capable of safely bearing the dead and live loads imposed upon them.

D. Exterior Surfaces (Foundations, Walls and Roof). Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair and shall be kept in such condition as to exclude rats.

E. Foundation Walls. All foundation walls shall be maintained so as to carry the safe design and operating dead and live loads and shall be free from open cracks and breaks, so as not to be detrimental to public safety and welfare.

F. Exterior Walls. Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. All exterior surface materials, including wood, composition, or metal siding, shall be maintained weatherproof and shall be properly surface coated when required to prevent deterioration.

G. Roofs and Drainage. The roof shall be structurally sound, tight, and not have defects which might admit rain. All principal use structures shall have roof spouting attached to a down spout. Roof drainage shall be adequate to prevent rain from causing dampness or deterioration in the walls or interior portion of the building. Roof water from principal and/or accessory structures shall not be discharged in a manner that creates a nuisance to owners or occupants of adjacent premises or that creates a public nuisance.

[Amended by Ord. 975, 6/16/2016; and by Ord. No. 995, 12/19/2019]

H. Decorative Features. All cornices, entablatures, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

I. Signs, Marquees, and Awnings. All canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar overhand extensions shall be maintained in good repair and be properly anchored so as to be kept in a safe and sound condition. They shall be protected from the elements and against decay and rust by the periodic application of weather coating material such as paint or other protective treatment.

J. Chimneys and Towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe, sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials such as paint or similar surface treatment.

K. Stair and Porches.

(1) Every stair, porch, fire escape, balcony, and all appurtenances attached thereto shall be so constructed as to be safe to use and capable of supporting the anticipated loads and shall be maintained in sound condition and good repair. Every stair, porch and fire escape shall be maintained free of hazardous conditions such as snow, ice, mud and other debris.

(2) Every flight of stairs which is more than four risers high shall have a handrail on at least one side of the stair and every open portion of a stair, fire escape, porch, landing or balcony which is more than 30 inches (762mm) above the grade below shall have guardrails. Handrails shall be not less than 30 inches (762mm) nor more than 34 inches (864mm) high, measured vertically above the nosing of the treads. Guardrails shall be not less than 30 inches (762mm) high above the floor or the porch, landing or balcony. Every handrail and guardrail shall be firmly fastened and capable of bearing normally imposed loads and shall be maintained in good condition.

L. Window and Door Frames. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction so as to be weather tight.

M. Weather tight. Every window and exterior door shall be fitted reasonably in its frame and be weather tight. Weather stripping shall be used to exclude wind or rain from entering the dwelling or structure and shall be kept in sound condition and good repair.

N. Glazing. Every required window sash shall be fully supplied with approved glazing materials which are without open cracks and holes.

O. Openable Windows. Every window, other than a fixed window, shall be capable of being easily opened and shall be held in position by window hardware.

P. Insect Screens.

(1) During the period from April 1 to December 1 every door and window or other outside opening used for ventilation purposes serving any building containing habitable rooms, food preparation areas, food service areas, or any areas where products used in food for human consumption are processed, manufactured, packaged, or stored, shall be supplied with approved tight-fitting screens of not less than 16 mesh per inch and every swinging screen door shall have a self-closing device in good working condition.

(2) Exception. Screen doors shall not be required for out-swinging doors or other types of opening which make screening impractical, provided other approved means such as air curtains or insect repellent fans are employed.

Q. Door Hardware. Every exterior door and its hardware shall be maintained in good condition. Door locks on all doors entering dwelling units shall be in good repair and capable of tightly securing the door.

R. Basement Hatchways. Every basement hatchway shall be so constructed and maintained as to prevent the entrance of rats, rain and surface drainage water into the structure.

S. Guards for Basement Windows. Every basements window which is openable shall be supplied with rat-proof shields, or storm windows or other material affording protection against the entry of rats.

4. Interior Structure.

A. General. The interior of a structure and its equipment shall be maintained in good repair, structurally sound and in a sanitary condition so as not to pose a threat to the health, safety or welfare of the occupants or visitors, and to protect the occupants from the environment.

B. Structural Members.

(1) The supporting structural members of every building shall be maintained structurally sound, not showing any evidence of deterioration which would render them incapable of carrying the imposed loads.

(2) In every existing building used for business, industrial, mercantile or storage occupancy, in which heavy loads or concentrations occur or in which machinery is introduced, the owner or occupant shall cause the weight that each floor will safely sustain to be calculated by a registered architect or engineer and filed with the Code Official, and after such acceptance by the Code Official, to be posted on each floor in a conspicuous place.

C. Interior Surfaces. Floors, walls (including windows and doors) ceilings, and other interior surfaces shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loosed plaster, decayed wood, and other defective surface conditions shall be eliminated.

D. Bathroom and Kitchen Floors. Every toilet, bathroom and kitchen floor surface shall be constructed and maintained so as to permit such floor to be kept in a clean and sanitary condition.

E. Free from Dampness. Every building, basement and crawl space shall not be maintained in a manner that fosters decay or deterioration of the structure.

F. Sanitation. The interior of every structure shall be maintained in a clean and sanitary condition free from any accumulation of rubbish, refuse or garbage. Rubbish, garbage, and other refuse shall be properly kept inside temporary storage facilities as required under § 120(2).

G. Storage. Garbage or refuse shall not be allowed to accumulate or be stored in public halls or stairways.

H. Insect and Rat Harborage. All structures shall be kept free from insect and rat, mice and vermin infestation, and where insects or rats are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.

I. Exit Facilities. All interior stairs and railings and other exit facilities of every structure shall be maintained in sound condition and good repair by replacing treads and risers that evidence excessive wear or are broken, warped or loose. Every inside stair shall be so constructed and maintained as to be safe to use and capable of supporting the anticipated loads.

J. Handrails and Guardrails. Every flight of stairs which is more than four risers high shall have a handrail on at least one side of the stair, and every open portion of a stair, landing or balcony which is more than 30 inches (762mm) above the floor or grade below shall have guardrails. Handrails shall be not less than 30 inches (762mm) nor more than 34 inches (864mm) high, measured vertically above the nosing of the tread or above the floor of the landing or balcony. Guardrails shall be not less than 30 inches (762mm) high above the floor of the landing or balcony. Every handrail and guardrail shall be firmly fastened and capable of bearing normally imposed loads and shall be maintained in good condition.

5. Swimming Pools. Swimming pools shall operate in a safe and sanitary manner at all times. Should the swimming pool discontinue use, the pool shall be properly emptied and dismantled within 30 days after receiving notice from the Codes Compliance Official. Water from the pool shall not be discharged onto adjacent properties or rights-of-way. Operation of swimming pools shall be in strict conformity and compliance with Chapter 27, Part 13, § 1319.

[Added by Ord. 980, 12/15/2016]

§ 116 Light, Ventilation and Space Requirements.

[Ord. 687, 2/18/1988, Art. 4]

1. General.

A. Scope. The provisions of this Section shall govern the minimum conditions and standards for the light, ventilation and space for the occupancy of a structure. All light, ventilation and space conditions shall comply with the requirements herein prescribed insofar as they are applicable.

B. Responsibility. The owner of the structure shall provide and maintain such light and ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant or let to another for occupancy or use any premises which do not comply with the following requirements of this Section.

C. Access to Public Property. All structures shall be provided access to public property. Such access means shall be maintained unobstructed.

D. Open Space. An open space, when used for the origin of light and ventilation, shall be maintained and unobstructed.

E. Alternative Devices. In place of the means for natural light and ventilation herein prescribe, alternative arrangement of windows, louvers, or other methods and devices that will provide the equivalent minimum performance requirements shall be permitted when complying with the building code listed in Appendix A.

2. Light.

A. General. All spaces or rooms shall be provided sufficient light so not as to endanger health and safety.

B. Common Halls and Stairways. Every common hall and stairway in every building, other than one and two family dwellings, shall be adequately lighted with an illumination of at least 60 watt standard incandescent light bulb or equivalent for each 200 square feet (18.60 m²) of floor area, provided that the spacing between lights shall not be greater than 30 feet (9,144mm). Every exterior stairway shall be illuminated with a minimum of one foot candle (10.76 lux) at floors, landings and treads.

C. Other Spaces. All other spaces shall be provided with natural or artificial light of sufficient intensity and so distributed as to permit the maintenance of sanitary conditions, and the safe use of the space and the appliances, equipment and fixtures.

3. Ventilation.

A. General. All spaces or rooms shall be provided sufficient natural or mechanical ventilation so as not to endanger health and safety. Where mechanical ventilation is provided in lieu of the natural ventilation, such mechanical ventilating systems shall be maintained in operation during the occupancy of any structure or portion thereof. When part of the air provided by a mechanical ventilation system is recirculated, the portion or volume of air recirculated shall not be recirculated to a different residential space or occupancy of dissimilar use from which it is withdrawn.

B. Process Ventilation. Where any process permits and where injurious, toxic, irritating or noxious fumes, gases, dust or mists are generated by said process, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source so that it is not allowed to permeate the general atmosphere of the workroom. Air so exhausted shall be exhausted to the exterior and shall not be recirculated to any space, including the space from which it is withdrawn.

C. Clothes Dryer Exhaust. Clothes dryer venting systems shall be independent of all other systems and shall be vented in accordance with the manufacturer's recommendations.

4. Dwelling Unit Limitations.

A. Separation of Units. Dwelling units shall be separate and apart from each other. Sleeping rooms shall not be used as the only means of access to other sleeping rooms or habitable spaces.

B. Privacy. Hotel units, lodging units and dormitory units shall be designed to provide privacy, and be separate from other adjoining spaces.

C. Common Access. A habitable space, bathroom or water closet compartment which is accessory to a dwelling unit shall not open directly into or be used in conjunction with a food store, barber or beauty shop, doctor's or dentist's examination or treatment room or similar room used for public purposes.

D. Below Grade Rooms. Rooms partially or completely below grade shall not be used as habitable space unless:

(1) Floors and walls are water-tight so as to prevent entry of moisture.

(2) Total window area, total openable window area and ceiling height are in accordance with this Part.

(3) Required minimum window area of every habitable space is entirely above the grade adjoining such window areas.

(4) Means of egress and emergency escape are provided in accordance with this Part.

5. Space Requirements.

A. Area for Sleeping Purposes. Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet (6.51m²) of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 40 square feet (4.65m²) of floor area for each additional occupant.

[Amended by Ord. 983, 11/16/2017]

B. Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum occupancy area requirements of Table 1.

C. Combined Spaces. Combined living room and dining room spaces shall comply with the requirements of Table 1 if the total area is equal to that required for separate rooms and if the space is so located that it functions as a combination living room/dining room.

	Table 1 Minimum Occupancy Area Requirements Minimum Occupancy Area in Square Feet Space (Square Meters)
		1-2 Occupants	3-5 Occupants	6 or more
	Living Room(a)	No requirements	120(11.16)	150(13.95)
	Dining Room(a)	No requirements	80(7.44)	100(9.30)
	Kitchen	50(4.65)	50(4.65)	60(5.58)
	Bedrooms	Shall comply with § 115.1A
	Note (a). See § 116.5C for combined living room/dining room spaces.

D. Prohibited Use. Kitchens, nonhabitable spaces and public spaces shall not be used for sleeping purposes.

E. Minimum Ceiling Heights.

(1) Habitable spaces shall have a clear ceiling height over the minimum area required by this Part at not less than 7 1/3 feet (2,235mm), except that in attics or top half-stories the ceiling height shall be not less than seven feet (2,134mm) over not less than 1/3 of the minimum area required by this Part when used for sleeping, study or similar activity. In calculating the floor area of such rooms, only those portions of the floor area of the room having a clear ceiling height of five feet (1,524mm) or more shall be included.

(2) Exception. Hallways, corridors, bathrooms, toilet rooms, kitchens and habitable basements used as recreation rooms shall have a ceiling height of not less than seven feet (2,134mm) to the lowest projection from the ceiling.

F. Correctional Institutional Occupancies. It is not intended that this Part regulate the space requirements of correctional institutions.

G. Minimum Room Widths. Every habitable space shall have a clear room width of not less than seven feet (2,134mm) at the narrowest point exclusive of projections affecting less than 10% of the floor area and exclusive of floor areas of alcoves and entry ways not included in meeting the floor area requirements listed in Table 1. Exception: Kitchens require a clear passageway of not less than three feet (914mm) between counter, appliances and/or walls.

§ 117 Plumbing Facilities and Fixture Requirements.

[Ord. 687, 2/18/1988, Art. 5; as amended by Ord. 829, 11/15/2001]

1. General.

A. Scope. The provisions of this Section shall govern the minimum plumbing facilities and fixtures shall comply with the requirements herein prescribed insofar as they are applicable.

B. Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or let to another for occupancy or use any structure or portion thereof or premises which do not comply with the following requirements of this Section.

2. Required Facilities.

A. Dwelling Units. Every dwelling unit shall include its own plumbing facilities with are in proper operating condition, can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. The following minimum plumbing facilities set forth in Subsection 2B, 2C and 2D shall be supplied and maintained in sanitary, safe working condition.

B. Water Closet and Lavatory. Every dwelling unit shall contain within its walls, a room separate from habitable spaces, which affords privacy and a water closet supplied with cold running water. A lavatory shall be placed in the same room as the water closet or located in another room, in close proximity to the door leading directly into the room in which said water closet is located. The lavatory shall be supplied with hot and cold running water.

C. Bathtub or Shower. Every dwelling unit shall contain a room which affords privacy to a person in said room and which is equipped with a bathtub or shower supplied with hot and cold running water.

D. Kitchen Sink. Every dwelling unit shall contain a kitchen sink apart from the lavatory required under Subsection 2B, and such sink shall be supplied with hot and cold running water.

E. Rooming Units. At least one water closet, lavatory basin, and bathtub or shower properly connected to an approved water and sewer system and in good working condition shall be supplied for each four rooming units within a dwelling, wherever said facilities are shared. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times.

[Amended by Ord. 983, 11/16/2017]

F. Hotels/Motels. Where private water closets, lavatory basin, and bathtub or shower are not provided, one water closet, one lavatory and one bathtub or shower accessible from a public hallway shall be provided on each floor for each 10 occupants. Each lavatory, bathtub, or shower shall be supplied with hot and cold water at all times.

[Amended by Ord. 983, 11/16/2017]

G. Other Structures. In nonresidential structures, the requirements for sanitary facilities shall comply with the minimum requirements of the plumbing code listed in Appendix A for such facilities for such use and occupancy.

3. Toilet Rooms.

A. Privacy. Toilet rooms and bathrooms shall be designed and arranged to provide privacy.

B. Direct Access. Toilet rooms and bathrooms shall not be used as a passageway to a hall or other space, or to the exterior. A toilet room or bathroom in a dwelling unit shall be accessible from any sleeping room without passing through another sleeping room.

C. Same Story. Toilet rooms and bathrooms serving hotel/motel units, or dormitory units, unless located within such respective units, or directly connected thereto, shall be provided on the same story with such units and be accessible only from a common hall or passageway.

[Amended by Ord. 983, 11/16/2017]

D. Floors. Bathrooms and toilet rooms shall be provided with floors of moisture resistant material.

E. Partitions. Every nonresidential structure that requires or supplies a water closet shall provide within the toilet room partitions, enclosures, or compartments for privacy and shall comply with fixture clearance requirements of the plumbing code listed in Appendix A for such installations.

4. Plumbing Fixtures.

A. General. All plumbing fixtures shall be maintained in a safe and usable condition. All plumbing fixtures shall be approved nonabsorbent material.

B. Connections. Water supply lines, plumbing fixtures, vents and drains shall be properly installed, connected and maintained in working order and shall be kept free from obstructions, leaks and defects and capable of performing the function for which they are designed. All repairs and installations shall be made in accordance with the provisions of the building and plumbing codes listed in Appendix A.

C. Maintained Clean and Sanitary. All plumbing facilities shall be maintained in a clean and sanitary condition by the occupant so as not to breed insects and rats or produce dangerous or offensive gases or odors.

D. Access for Cleaning. Plumbing fixtures shall be installed to permit easy access for cleaning both the fixture and the area about it.

E. Water Conservation. Plumbing fixtures which are replaced shall be of watersaving construction and use as required by the energy and plumbing codes listed in Appendix A.

5. Water System.

A. General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other facility shall be properly connected to either a public water system or to a Pennsylvania DEP approved private water system. All sinks, lavatories, bathtubs and showers shall be supplied with hot and cold running water.

B. Contamination. The water supply shall be maintained free from contamination and all water inlets for plumbing fixtures shall be located above the overflow rim of the fixture. Shampoo basin faucets, janitor sink faucets, and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric type vacuum breaker or an approved permanently attached hose connection vacuum breaker.

C. Supply. The water supply system shall be installed and maintained to provide at all times a supply of water to plumbing fixtures, devices, and appurtenances in sufficient volume and at pressures adequate to enable them to function satisfactorily.

D. Water Heating Facilities. Where hot water is provided, water heating facilities shall be installed in an approved manner, properly maintained, and properly connected with hot water lines to the fixtures required to be supplied with the hot water. Water heating facilities shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower and laundry facility or other similar units, at a temperature of not less than 110° F. (43° C.). Every gas burning water heater shall be vented to a chimney or other venting device leading to outdoor space. A gas-burning water heater shall not be located in any bathroom, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. There shall be installed on water heaters as approved combination temperature and pressure relief valve. All water heating appliances shall be properly installed and maintained in accordance with this Part.

6. Sewage System.

A. General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other facility shall be properly connected to either a public sewer system or to a Borough approved private sewage disposal system.

B. Maintenance. Every plumbing stack, waste and sewer line shall be so installed and maintained as to function properly and shall be kept from obstructions, leaks, and defects to prevent structural deterioration or health hazards. All repairs and installations shall be made in accordance with the provisions of the building and plumbing codes listed in Appendix A.

7. Storm Drainage. An approved system of storm water disposal shall be provided and maintained for the safe and efficient drainage of roofs and paved areas, yards and courts, and other open areas on the premises.

§ 118 Mechanical and Electrical Requirements.

[Ord. 687, 2/18/1988, Art. 6]

1. General.

A. Scope. The provisions of this Section shall govern the minimum mechanical and electrical facilities and equipment to be provided. All mechanical and electrical facilities and equipment shall comply with the requirements herein prescribed insofar as they are applicable.

B. Responsibility. The owner of the structure shall provide and maintain such mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or let to another for occupancy or use any premises which does not comply with the following requirements of this Section.

2. Heating Facilities.

A. Residential Buildings.

(1) Every owner of any structure who rents, leases or lets one or more dwelling units or guest rooms on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period from September 15 to April 30 to maintain a room temperature of not less than 65° F. (18° C.), in all habitable spaces, bathrooms, and toilet rooms during the hours between 6:30 a.m. and 10:30 p.m. of each day and maintain a temperature of not less than 60° F. (16° C.) during other hours. The temperature shall be measured at a point three feet (914mm) above the floor and three feet (914mm) from exterior walls.

(2) Exception. When the exterior temperature falls below 0° F. (-18° C.) and the heating system is operating at its full capacity, a minimum room temperature of 60° F. (16° C.) shall be maintained at all times.

B. Other Structures.

(1) Every owner of any structure who rents, leases, or lets the structure or any part thereof on terms, either express or implied, to furnish heat to the occupant thereof; and every occupant of any structure or part thereof on terms, either express or implied, to supply its own heat, shall supply 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 in all enclosed spaces or rooms where persons are employed and working. The temperature shall be measured at a point three feet (914mm) above the floor and three feet (914mm) from the exterior walls.

(2) Exceptions.

(a) Processing, storage and operation areas that require cooling or special temperature conditions.

(b) Areas in which persons are primarily engaged in vigorous physical activities.

C. Cooking and Heating Equipment. All cooking and heating equipment, components, and accessories in every heating, cooking, and water heating device shall be maintained free from leaks and fire, health and accident hazards. All installations and repairs shall be made in accordance with the provisions of the building code and mechanical code listed in Appendix A. Portable cooking equipment employing flame is prohibited, except for approved residential type food trays or salvers which are heated by a candle or alcohol lamp.

D. Installation. All mechanical equipment shall be connected to an approved chimney or vent.

E. Flue. All vented fuel-burning equipment shall be connected to an approved chimney or vent.

F. Clearances. All required clearances to combustible materials shall be maintained.

G. Safety Controls. All safety controls for fuel-burning equipment shall be maintained in effective operation.

H. Combustion Air. A supply of air for complete combustion of the fuel and for ventilation of the space shall be provided for the fuel-burning equipment.

I. Unauthorized Devices. Devices purporting to reduce gas consumption by attachment to a gas appliance, to the gas supply line thereto, or the vent outlet or vent piping therefrom shall not be used unless labeled for such use and the installation is specifically approved.

J. Portable unvented heaters. The use of portable unvented fuel-fired heating equipment as a primary or secondary heat source shall be prohibited.

[Amended by Ord. No. 995, 12/19/2019]

K. Toxic Emissions. Any wood burning stove, fireplace or other similar heat source shall not emit any toxic fumes which are in violation or do not conform to Federal or State regulations for that type of emission.

L. Boiler Inspection. Each boiler and pressure vessel, other than boilers locate within a dwelling unit, shall be inspected a minimum of once every two years. The inspection shall determine that the boiler operates in accordance with the manufacturer's requirements and that all safety devices and controls function correctly.

M. Fireplaces. Fireplaces, and other construction and devices intended for use similar to a fireplace, shall be stable and safe.

N. Climate Control. When facilities for interior climate control (heating, cooling, and/or humidity) are integral functions of structures used as dwelling units or other occupancies, such facilities shall be maintained and operated in a continuous manner in accordance with the designed capacity.

O. Portable, Electric Space Heaters. The use of portable, electric space heaters as a secondary heat source shall be permitted in accordance with the following regulations.

[Added by Ord. No. 995, 12/19/2019]

(1) Listed and Labeled. Only UL or ETL listed and labeled portable, electric space heaters shall be used.

(2) Power Supply. Portable, electric space heaters shall be plugged directly into an approved receptacle.

(3) Extension Cords. Portable, electric space heaters shall not be plugged into extension cords.

(4) Prohibited Areas. Portable, electric space heaters shall not be operated with three feet of any combustible materials. Portable, electric space heaters shall only be operated in locations for which they are listed.

(5) Safety. All portable heaters shall meet the following criteria:

(a) A portable, electric space heater shall have a "tip-over" feature that automatically shuts off the heater if it is knocked over or if the heater becomes unbalanced.

(b) A portable, electric space heater shall be turned off if left unattended.

(c) A portable, electric space heater shall not have a "timing" device to start or stop heating operations.

(d) The heating element or combustion chamber shall be permanently guarded as to prevent accidental contact by persons or materials.

3. Electrical Facilities.

A. 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 subsection. The provisions of Subsection 3A, 3B, 3C, and 3D shall be considered absolute minimum requirements. The size of units and the usage of appliance and equipment shall be used as a basis for determining the need for additional facilities in accordance with NFPA 70 listed in Appendix A.

B. Receptacles. Every habitable space in a dwelling unit, and every guest room, shall contain at least one remote receptacle, outlet. Every bathroom shall contain at least one receptacle.

C. Lighting Fixtures. Every public hall, interior stairway, water closet compartment, bathroom, laundry room and furnace room shall contain at least one electric lighting fixture.

D. Service. When the electrical system requires modification to correct inadequate service as defined in § 118.3F, the service shall be corrected to a minimum of 60 ampere, three wire service.

E. Installation. All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be listed by Underwriters Laboratories.

F. Defective System. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reason, the Code Official shall require the defects to be corrected to eliminate the hazard.

4. Elevators, Escalators and Dumbwaiters.

A. General. Elevators, dumbwaiters and escalators shall be maintained to safely sustain the loads to which they are subject, to operate properly, and to be free of physical and fire hazards.

B. Elevators.

(1) In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied.

(2) Exception. Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.

§ 119 Fire Safety Requirements.

[Ord. 687, 2/18/1988, Art. 7; as amended by Ord. 729, 8/20/1992, § 1; by Ord. 737, 3/18/1993, § 1; by Ord. 882, 2/15/2007; by Ord. 945, 2/21/2013]

1. General.

A. Scope. The provisions of this Section shall be in addition to the requirements listed in Chapter 7, Fire Prevention, of the Code of Ordinances.

B. Responsibility. The owner of any structure shall provide and maintain firesafety facilities and equipment in compliance with the International Fire Code of 2009, promulgated by the International Code Council, and any amendments, supplements, revisions, additions or replacements thereto. A person shall not occupy as owner-occupant or let to another for occupancy or use any premises which do not comply with the requirements of this Section and Chapter 7 of the Code of Ordinances.

2. Means of Egress.

A. Duel Egress. Every residential building exceeding two stories in height above grade, not including basements, shall be provided with not less than two approved independent exits from each floor above the second floor, fully accessible to each occupant on the floor. See Section R311 of the International Residential Code of 2009, promulgated by the International Code Council, and any amendments, supplements, revisions, additions or replacements thereto, for additional requirements.

(1) Existing fire escapes, as of the date of the enactment hereof, shall be continued to be accepted as a component in the means of egress in existing buildings only, provided that they are structurally sound and are in approved working condition.

(2) Portable ladders and similar approved emergency escape devices that are permanently mounted to the inside wall are permitted, provided that the approved device allows the occupant to descend to a roof or ground level, and if the room is used for sleeping, the individual occupying the room must be able to use the escape device.

(3) Where a new fire escape is proposed or is required by the Code Official in accordance with this Chapter and all applicable Borough ordinances, the construction requirements must conform to the specifications contained in the International Fire Code and the International Residential Code.

(4) Permanent fire escapes located on the street front portion of a structure must conform to the setback requirements contained in the Borough Zoning Ordinance (Chapter 27).

(5) Emergency Escape. Requirements for sleeping rooms in the basement must meet the regulations of the International Residential Code and the International Fire Code.

(6) Smoke and Carbon Monoxide Detectors. Smoke and carbon monoxide detectors shall be in use as may be required by the International Residential Code and the International Fire Code.

§ 120 Responsibilities of Persons.

[Ord. 687, 2/18/1988, Art. 8; as added by Ord. 823, 2/15/2001]

1. General. The provisions of this Section shall govern the responsibilities of persons for the maintenance of structures, and the equipment and premises thereof.

2. Sanitary Condition.

A. Cleanliness. Every occupant of a structure or part thereof shall keep that part of the structure or premises thereof which that occupant occupies, controls, or uses in a clean and sanitary condition. Every owner of a dwelling 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.

B. Disposal of Rubbish. Every occupant of a structure or part thereof shall dispose of all rubbish in a clean and sanitary manner by placing it in rubbish containers equipped with tight fitting covers.

C. Disposal of Garbage. Every occupant of a structure or part thereof shall dispose of garbage in a clean and sanitary manner by placing it in garbage disposal facilities, or if such facilities are not available, by removing all nonburnable matter and securely wrapping such garbage and placing it in approved garbage storage containers.

D. Collection of Garbage and Rubbish. Garbage and rubbish shall be collected as frequently as determined by the Code Official to be essential to protect the public health.

E. Garbage Storage Facilities. Every dwelling unit shall be supplied with an approved garbage disposal facility, which shall be any adequate mechanical food waste grinder in each dwelling unit, an approved incinerator unit in the structure for the use of the occupants of each dwelling unit, or an approved outside garbage can or cans as required in § 115.2B. Such facilities shall be sufficient to meet the needs of the occupants.

F. Rubbish Storage Facilities. Every dwelling unit shall be supplied with approved containers and covers for storage of rubbish, and the owner, operator or agent in control of such dwelling shall be responsible for the removal of such rubbish.

G. Food Preparation. All spaces used or intended to be used for food preparation shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage when necessary.

H. Supplied Fixtures and Equipment. The owner or occupant of a structure or part thereof shall keep the supplied equipment and fixtures therein clean and sanitary, and shall be responsible for the exercise of reasonable care in their proper use and operation. The owner shall maintain the equipment and fixtures in good and proper operating condition.

I. Furnished by Occupant. The equipment and fixtures furnished by the occupant of a structure shall be properly installed and shall be maintained in good working condition, kept clean and sanitary and free of defects, leaks or obstructions.

3. Extermination.

A. Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting, leasing or selling the structure.

B. Tenant-Occupant. The tenant-occupant of any structure shall be responsible for the continued rat-proof condition of the structure, and if the tenant-occupant fails to maintain the rat-proof condition, the cost of extermination shall be the responsibility of the tenant-occupant.

C. Single Occupancy. The occupant of a structure containing a single dwelling unit or of a single nonresidential structure shall be responsible for the extermination of any insects, rats or other pests in the structure or on the premises.

D. Multiple Occupancy. Every owner, agent or operator of two or more dwelling units or multiple occupancies or nonresidential structures and rooming units shall be responsible for the extermination of any insects, rats or other pests in the public or shared areas of the structure and premises. When infestation is caused by failure of an occupant of a unit of the two or more dwelling units or by an occupant or lessee of a nonresidential structure to prevent such infestation in the area occupied, the occupant shall be responsible for such extermination.

[Amended by Ord. 983, 11/16/2017]

E. Continued Rat Infestation. Continuing or repeated incidents of rat infestation determined from the official records as provided in § 105(3) of this Part shall require the installation of rat and vermin proof walls. The rat and vermin proof walls shall be installed in accordance with the building code listed in Appendix A.

4. Composting.

A. General. The provisions of this Section shall govern the responsibilities of persons for the establishment and maintenance of compost piles or structures.

B. Compost Material. The following items may be composted: leaves, grass clippings, yard waste, fruit rinds or scraps, and vegetable scraps. The following items may not be composted: meat, dairy product, kitchen vegetables cooked with animal fats and human or pet feces. All materials shall emanate from the property where the composting is taking place. Compost material may not be accumulated from the property of others.

C. Location of Compost. The compost pile, bin or structure shall be located in the rear yard. The compost pile, bin or structure shall be located at least 25 feet from any residential structure or dwelling unit. No compost pile, bin or structure may be located nearer than three feet from any property line.

D. Use of Compost. Composted material shall be used on the property where it is stored. Compost material may not be used for commercial purposes.

E. Compost Pile. A compost pile is a shallow pit not greater than one foot in depth. Compost material is layered, usually in six inch depths, in the pit. Lime or fertilizer may be applied after each layer is distributed. The layers of compost materials may not exceed four feet in height. If the compost pile is more than one foot above grade, a structure such as a snow fence, chicken wire or wood planks must be erected to prevent the wind from blowing away the leaves or grass. The compost pile should be constructed with a flat or oval-shaped top so that it will absorb water rather than shed it. Compost piles may be placed on open ground in accordance with above mentioned regulations.

F. Compost Bin. A compost bin is a commercially manufactured container designed specifically for the composting of material. Compost bins shall be constructed of wood or hard plastic to prevent animals and rodents from entering the pile.

G. Size of Compost Pile. The compost pile or structure may not exceed 500 square feet, or 10% of the rear yard, whichever is less.

H. Maintenance. Compost piles, bins or structures shall be maintained in a manner to preclude the spread of plant or animal disease, the harboring of animals or rodents and the infestation of insects. A compost pile shall be maintained in a neat and orderly manner. Material to be composted must be applied to the compost pile, bin or structure in a timely fashion. Compost material may not be stored in any garbage or leaf bag.

I. Gardens. Leaf and grass material may be placed on viable gardens provided that all conditions contained in this Section are met.

§ 121 Hazard Abatement in Existing Buildings.

[Ord. 687, 2/18/1988, Art. 9; as amended by Ord. 744, 9/16/1993, § 1]

1. General.

A. Scope. The provisions of this Section are intended to provide a reasonable degree of safety to persons occupying existing buildings that do not conform to the minimum requirements of the building code listed in Appendix A by requiring the following alterations to such existing buildings.

B. Application of Other Codes. All alterations to an existing building which are caused directly or indirectly by the enforcement of this Part shall be done in accordance with the applicable procedures and provisions of the building, plumbing and mechanical codes and NFIPA 70 listed in Appendix A.

C. Continued Maintenance. All service equipment, means of egress devices and safeguards which are required by this Section or which were required by a previous statute or another code in a building or structure when erected, altered or repaired shall be maintained in good working order. The requirements of this § 120 are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing buildings. These requirements at intended to require that existing buildings which do not comply with these provisions be altered to provide a minimum level of safety as required herein.

D. Alternative Methods and Systems. The provisions of this Section are not intended to exclude the acceptance and approval of alternative methods and systems if such alternative methods and systems provide equivalent safety to the occupant of the existing buildings.

E. Responsibility. The owner of the existing building or structure shall provide and maintain such facilities, equipment and systems in compliance with these requirements and the fire prevention code listed in Appendix A.

2. Means Egress.

A. Number of Exits.

(1) Every story used for human occupancy more than six stories above grade shall be provided not less than two independent exits. Every story used for human occupancy totally below grade greater than 2,000 square feet (186m2) shall be provided not less than two independent exits.

(2) Exceptions. A single exit is acceptable when:

(a) The building is equipped throughout with an automatic fire suppression system and an automatic fire alarm system with smoke detectors located in all corridors, lobbies and common areas; or,

(b) The building is provided an automatic fire alarm system and the exit is a smokeproof enclosure or pressurized stairway; or,

(c) An existing fire escape conforming to the building code listed in Appendix A is provided in addition to the single exit.

(d) Stories complying with the requirements of the building code listed in Appendix A.

B. Exit Enclosure. All interior exits shall be enclosed with approved assemblies except as provided in Table 2.

	Table 2 Enclosure Exceptions
	Building Use Group	Exception Conditions[1]
	Business	When connecting not more than two floor levels and less than 3,500) square feet per floor, or when connecting not more than three floor levels and the building is equipped throughout with an approved automatic fire suppression system.
	Education	When connecting not more than two floor levels and the building is equipped throughout with an approved automatic fire suppression system.
	Factory-Industrial Storage	When connecting not more than two floor levels, or when connecting not more than three floor levels and the building is equipped throughout with an approved automatic fire suppression system.
	Mercantile	When connecting not more than two floor levels and less than 2,000 square feet per floor, or when connecting not more than two floor levels and the building is equipped throughout with an approved automatic fire suppression system.
	Residential — Hotels	When connecting not more than two floor levels and the building is equipped throughout with an approved automatic fire suppression system.
	Residential — Apartment	When connecting not more than two floor levels with not more than four dwelling units per floor, or when connecting not more than three floor levels with not more than four dwelling units per floor and the building is equipped throughout with an approved automatic fire suppression system.
	Residential One and Two Family Dwellings	In every case.

[1] One square foot equals 0.093m².

C. Enclosure Rating. Enclosures connecting not more than six floor levels shall have a fire resistance rating of not less than one hour with approved opening protectives. Enclosures connecting more than six floor levels shall have a fire resistance rating of not less than two hours with approved opening protectives.

D. Exit Capacity. The capacity of the exits serving a floor shall be sufficient for the occupant load thereof as determined by the building code listed in Appendix A.

E. Corridor Enclosure. All corridors serving an occupant load of greater than 30 and openings therein shall provide an effective smoke barrier. All transoms, louvers, doors and other openings shall be closed or shall be self-closing.

F. Dead-End Travel Distance. All corridors which serve more than one exit shall provide direct connection to such exits. The length of a dead-end corridor shall not exceed 35 feet (10,668mm) when the building is not equipped throughout with an automatic fire suppression system. The dead-end travel distance limit shall be increased to 70 feet (21,336mm) when the building is equipped throughout with an automatic fire suppression system.

3. Shafts.

A. Enclosure. All shafts shall be enclosed as required by § 121.2B and C for exits except elevator and supplemental stairway shafts which are immediately adjacent to and not separated from floor openings connecting the same floors served by the shaft. The opening protectives shall provide a barrier to fire penetration. Building service shafts such as trash chutes, utility and duct shafts shall be enclosed as required by § 121.2B and C for exits.

4. Illumination and Signs.

A. Egress Illumination. All means of egress shall be equipped with artificial lighting in accordance with the requirements for new buildings in the building code listed in Appendix A. Emergency lighting shall be provided in accordance with the requirements for new buildings in the building code listed in Appendix A.

B. Exit Signs. All exits shall be indicated with exit signs in accordance with the requirements for new buildings in the building code listed in Appendix A.

C. 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 then 75 feet (22,860mm) above the lowest level of fire department access shall be marked with approved signs reading as follows: "Use Stairways in Case of Fire — Do Not Use Elevators."

5. Fire Protection Systems.

A. High Hazard Use. All buildings and portions thereof of high hazard use shall be equipped throughout with an approved automatic fire suppression system.

B. Commercial Kitchen Exhaust Systems. Commercial kitchen exhaust hood and duct systems, other than steam tables, completely enclosed ovens, cooking appliances located within a dwelling unit and not used for commercial purposes and auxiliary cooking equipment that does not produce greaseladen vapors, shall be equipped with an approved automatic fire suppression system.

C. Fire Standpipes, All buildings having floors used for human occupancy located more than six stories above grade shall be provided with standpipes according to the building code listed in Appendix A. The standpipes shall have a approved fire department connection with hose connections at each floor level.

D. Tampering. Anyone tampering or interfering with the effectiveness of a smoke detector shall be in violation of this Part.

E. Fire Alarm System.

(1) All buildings used as churches and for similar religious purposes or of educational use shall be equipped with a manual fire alarm system in accordance with the building code listed in Appendix A.

(2) Exception. Sanctuary and nave areas of churches and similar religious buildings.

6. Elevator Recall. All elevators having a travel distance of 25 feet (7,620mm) or more above or below the primary level of elevator access for emergency fire fighting or rescue personnel shall conform to the requirements of Rule 211.3 ("Operation of Elevators Under Fire or Other Emergency Conditions") of ASME A17.1 listed in Appendix A.

7. Smoke and Heat Detection. Each recirculating air or exhaust system which serves more than one floor in buildings which exceed six stories in height shall be equipped with approved smoke and heat detection devices in accordance with the mechanical code listed in Appendix A. The devices shall stop the fan(s) automatically and shall be of the manual reset type. Automatic fan shutdown is not required when the system is part of an approved smoke removal or control system.

8. Lead Poison Control.

A. Determination of Health Hazard. Any lead based coating shall be considered a health hazard to a child under six years of age who has demonstrated an elevated blood lead level, if:

(1) It exists in or about a dwelling in which a child under six years of age who has demonstrated an elevated blood level commonly resides or visits.

(2) It is determined to be on any flaking, peeling, nonintact deteriorated surface or on any exposed surface or in any oil or dust found in or amount the dwelling or in any rugs, carpet or other surface coverings in or about the dwelling.

(3) It contains a quantity of lead in excess of 0.6 milligrams per square centimeter of surface when measured by a recognized method of analysis.

B. Warning for Positive Test. Any lead based coating area must be marked with warnings immediately upon positive testing and notice of these areas given to the occupants of the time of testing to avoid further child poisoning.

C. Notification of Violation and Abatement.

(1) Upon receipt of (a) notification by a certified medical physician that a child under six years of age has an elevated blood level and (b) an investigation indicating that there exists or may exist in a dwelling in which the child resides or visits a lead based coating which may cause or contribute to the child's elevated blood lead level, the Borough has the authority to order the owner and/or occupant of any dwelling in which the child resides or visits to submit within 10 days a written report including the results of testing and including an environmental investigation stating whether there exists a health hazard. This testing and environmental investigation shall be in accordance with Subsection 8D. If the owner or occupant fails to provide such written report, the Borough can perform or cause the performance of the testing and environmental investigation at the expense of the owner and/or occupant to determine whether there exists a health hazard.

(2) If it is determined that there exists a health hazard the Borough shall issue a violation notice ordering the owner and/or occupant to abate the hazard in a reasonable time as specified by the Borough. The owner and/or occupant shall bear the cost of abatement and shall submit a written plan to the Borough for review and approval prior to initiating said abatement. The owner and/or occupant shall submit proof satisfactory to the Borough of the abatement promptly upon completion. If the owner and/or occupant fails to abate the hazard in a reasonable time as specified by the Borough, the dwelling shall be placarded with a sign that indicates: "This property is unfit for human habitation due to lead poisoning hazards and can not be reoccupied until the hazards are abated." It shall be illegal for any one but the Borough to remove the placard.

D. Testing Procedures and Standards. Testing and environmental investigation may be performed by any public or private agency, entity or firm approved by the Borough. The physical determination of the lead content of surface material in a dwelling or of the lead content of any exposed surface must be made by nondestructive measurements using a recognized method of analysis. All instruments used for inplace determination of lead content must be operated by a certified operator with proof of the same being submitted to the Borough.

§ 122 Saving Clause.

[Ord. 687, 2/18/1988, § 4]

Nothing in this Part or in the existing structure code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any course or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in this Part; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Part.

B Standards for Inspections.

§ 131 Standards for Inspections.

[Res. 88-2, 2/18/1988; as amended by Ord. 829, 11/15/2001]

1. Background. Borough Council has adopted the Existing Structures and Property Maintenance Code on February 18, 1988. This code establishes minimum maintenance standards and requirements for existing properties. Furthermore, it provides standards for rehabilitation and reuse of these structures found to be in noncompliance. All structures and properties within the Borough are subject to the provisions contained in the code. Borough Council shall appoint a code official(s) who will represent the Borough and enforce the provisions of the code. Borough Council shall set forth the inspection criteria and reasonable fees for the inspections.

2. The code official(s) appointed by the Borough Council has the authority under the provisions of the code to inspect properties and structures within the Borough.

3. The following criteria are established to provide guidance for the code official(s) to determine which properties or structures require an inspection. An inspection may be held if one or more of the criteria listed below is met:

A. Tenant complaint.

B. Past history of problems at a certain property or structure.

C. Complaint from a neighbor, if affected by the spread of insects or rodents or concerning the exterior storage of debris, rubbish and the like.

D. Referral from the Board of Health, Police Department, Fire Company, Borough Office or other responsible agency.

E. Poor exterior appearance of a structure.

F. Poor exterior appearance of a property (i.e., storage of vehicles, trash, rubbish and the like).

G. Unsatisfactory inspection results of one or more dwelling units owned by the same landlord.

H. Random sampling of compliance with the mandatory smoke detector requirement.

4. The fee for an inspection by the code official(s) shall be in an amount as established from time to time by resolution of Borough Council plus applicable materials, if any. The fee will be charged to the owner of the property and payable to the Borough. Above the minimum charge, the inspection fees will be prorated in 1/2 hour increments.

5. The complainant shall be responsible for the inspection fee when an inspection is requested by that individual and the code official finds that the circumstances under which the inspection was requested were groundless or malicious.