Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
GENERAL REFERENCES
Responsibilities of Code Enforcement and Zoning Officer — See Ch. 254.
Uses not provided for in Zoning Code — See Ch. 1256.
Conditional uses — See Ch. 1280.
Uniform Construction Code — See Ch. 1430.
[Ord. No. 249, passed 9-9-1993]
In order to promote the health and safety of persons occupying properties within the Township, the rules and regulations provided in this chapter are hereby established for purposes of requiring a certificate of use and occupancy to be obtained upon the sale, lease or change in occupancy or use of all or a part of any building, and of setting forth actions to be taken and the requirements for obtaining a certificate of use and occupancy.
[Ord. No. 249, passed 9-9-1993]
As used in this chapter:
(a) 
BUILDING AND STRUCTURE — Mean the same as defined in Section 1252.02 of the Planning and Zoning Code.
[Amended 1-28-2021 by Ord. No. 530]
(b) 
BUSINESS PROPERTIES — Means all properties used for business, professional and nonresidential purposes, portions of residential properties not used exclusively for residential purposes (including portions of dwellings that have a home occupation which has customers and/or clients who visit the property), multifamily dwellings and all other properties not included within the definition of residential properties provided in subsection (d) hereof.
(c) 
MULTIFAMILY DWELLINGS — Means all residential properties having three or more dwelling units contained within the same building.
(d) 
RESIDENTIAL PROPERTIES — Means all single-household detached dwellings, single-household semidetached (twin) dwellings, two-household detached (duplex) dwellings, and single-household attached (townhouse) dwellings which are used exclusively for residential purposes, as such terms are defined in Section 1256. 04 of the Planning and Zoning Code.
[Amended 1-28-2021 by Ord. No. 530]
(e) 
TOWNSHIP ZONING ORDINANCE AND THE ZONING CODE — Mean the Zoning Code of the Township as presently contained in Part Twelve, Title Six, of these Codified Ordinances, and any future amendments thereto.
[Ord. No. 249, passed 9-9-1993]
(a) 
No person, firm, group, agency or corporation shall occupy, inhabit or use, for the first time as owner, nor shall any owner lease, let out or permit to be occupied, any building or structure used, in whole or in part, within the Township after the effective date of this chapter without first having applied for and obtained a certificate of use and occupancy from the Township.
(b) 
A certificate of use and occupancy shall be required upon any occupancy of a building or structure occasioned by the construction of any improvement upon, or change in, occupancy occasioned by the sale or lease of real property or upon any change in the use of any building or structure.
(c) 
The obtaining of a certificate of use and occupancy shall be an affirmative duty of the owner of any real property within the Township.
(d) 
A certificate of use and occupancy may be issued for a portion of a structure or building. In such event, the portion of such building or structure which is not authorized to be occupied may not be occupied and/or used for any purpose until such time as a certificate of use and occupancy is issued for that portion of the building or structure.
[Ord. No. 249, passed 9-9-1993]
In order for a building or structure to be eligible for a certificate of use and occupancy, such building or structure must comply with all of the ordinances of the Township, and the laws of the Commonwealth, now in existence or hereafter adopted or passed by such Township or Commonwealth, pertaining to building, plumbing, electrical, fire prevention, health and safety matters and any other law or regulation pertaining to housing standards, including this Building and Housing Code.
[Ord. No. 249, passed 9-9-1993]
(a) 
An application for certificate of use and occupancy shall be filed with the Township at least 30 days before the initial date of occupancy, subject to the provisions of this chapter.
(b) 
The fee for a certificate of use and occupancy shall be as established by resolution of Council.
(c) 
Applications for certificates of use and occupancy shall be completed in full on such forms as provided by the Township. The application shall contain the full, correct and complete name and principal address of the applicant, the address and a brief description of the premises containing the building or structure for which application is made, a statement of purpose or use for which the building or structure, or part thereof, is to be made, the number of persons who will use or occupy the same, the factual basis setting forth a legal nonconforming use, the factual basis for any legal nonconforming dimensional variances with the Zoning Code and such other pertinent information as the Township Manager and/or Council may, from time to time, deem necessary to comply with the purposes of this chapter.
[Ord. No. 249, passed 9-9-1993]
No certificate of use and occupancy will be issued with respect to any building or structure unless and until the Code Enforcement and Zoning Officer certifies that:
(a) 
The proposed use conforms with the requirements of the Zoning Code, that the proposed use is a legal nonconforming use or that the proposed use has been approved by the Zoning Hearing Board; and
(b) 
There are no known dimensional variances with the Zoning Code, or that such dimensional variances that do exist are legal nonconforming dimensional variances or have been approved by the Zoning Hearing Board.
[Ord. No. 249, passed 9-9-1993]
No certificate of use and occupancy will be issued with respect to any building or structure used as a business property unless and until the Code Enforcement and Zoning Officer certifies that the structure or building complies with the following requirements:
(a) 
All exit or discharge doors shall be in good working order.
[Amended 1-28-2021 by Ord. No. 530]
(b) 
Where required by the Uniform Construction Code, all exits shall be marked by a readily visible sign. Where applicable, access to all exits shall be marked by readily visible signs indicating the direction of travel where the exit or route to the exit is not immediately visible to the occupants. An exit sign shall have "EXIT" printed in plainly legible letters not less than six inches in height and not less than 3/4 inch in width.
[Amended 1-28-2021 by Ord. No. 530]
(c) 
Fire extinguishers shall be provided per Uniform Construction Code requirements and as follows:
[Amended 1-28-2021 by Ord. No. 530]
(1) 
At least one 2A rated fire extinguisher shall be provided on each floor, including the basement;
(2) 
One 10-B rated fire extinguisher shall be provided in each kitchen area equipped with cooking facilities; and
(3) 
All fire extinguishers shall be visible, accessible and maintained in an efficient and safe operating condition.
(d) 
Existing fire alarm systems and detection devices shall be in good working order.
[Amended 1-28-2021 by Ord. No. 530]
(e) 
Sidewalks and curbs shall be in good condition. Any sidewalk block which is fragmented and/or deteriorating, excluding hairline cracks, must be replaced. Curbing which is deteriorating or missing must be replaced.
(f) 
Every flight of stairs which is more than four risers high shall have a handrail on at least one side of the stair. Handrails shall not be less than 30 inches or more than 42 inches high, measured vertically above the nosing of the stair tread.
(g) 
Ever open portion of any stair, landing or balcony which is more than 30 inches above the floor or grade shall have guardrails. Guardrails shall be not less than 30 inches high above the stair, landing or balcony.
(h) 
Existing automatic fire detection systems shall be in working order as required by the Uniform Construction Code.
[Amended 1-28-2021 by Ord. No. 530]
(i) 
In the case of additions, alterations, repairs or changes in use to which the Uniform Construction Code applies, the building or structure shall be in compliance with the requirement of the said Uniform Construction Code.
[Amended 1-28-2021 by Ord. No. 530]
(j) 
There shall be no known violations of any Township ordinance pertaining to the subject property that have not been resolved, including the full payment of any and all costs and fines assessed against the owner of the property.
[Ord. No. 249, passed 9-9-1993]
No certificate of use and occupancy will be issued with respect to any building or structure used as a residential property unless and until the Code Enforcement and Zoning Officer certifies that the structure or building complies with the following requirements:
(a) 
House numbers must be affixed to or painted or carved upon such building or upon a permanent standard, base or support between such building and the street. Each number shall be at least three inches high and shall be of such color and material to be visible from the street.
(b) 
Single or multiple-station smoke alarms shall be installed and maintained in all dwellings, regardless of occupant load, at all of the following locations:
[Amended 1-28-2021 by Ord. No. 530]
(1) 
On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
(2) 
In each room used for sleeping purposes.
(3) 
In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level, provided that the lower level is less than one full story below the upper level.
(4) 
Carbon monoxide alarms shall be provided in dwelling units and sleeping units located in buildings that contain an attached garage, fuel-burning appliance or a fuel-burning fireplace as set forth in Section 315 of the International Residential Code. Carbon monoxide alarms shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms. Where a fuel-burning appliance is located within a bedroom or its attached bathroom, a carbon monoxide alarm shall be installed within the bedroom.
(c) 
Sidewalks and curbs shall be in good condition. Any sidewalk block which is fragmented and/or deteriorating, excluding hairline cracks, must be replaced. Curbing which is deteriorating or missing must be replaced.
(d) 
All hot water heaters and boilers must have the relief valve extended to within six inches of the floor elevation.
(e) 
Every flight of stairs which is more than four risers high shall have a handrail on at least one side of the stair. Handrails shall not be less than 30 inches or more than 42 inches high, measured vertically above the nosing of the stair tread.
(f) 
Every open portion of any stair, landing or balcony which is more than 30 inches above the floor or grade shall have guardrails. Guardrails shall be not less than 30 inches high above the stair, landing or balcony.
(g) 
In the case of additions, alterations, repairs or changes of use to which the Uniform Construction Code, as adopted in Section 1430.01, applies, the building or structure shall be in compliance with the requirements of said Uniform Construction Code.
[Amended 1-28-2021 by Ord. No. 530]
(h) 
There shall be no known violations of any Township ordinance pertaining to the subject property that have not been resolved, including the full payment of any and all costs and fines assessed against the owner of the property.
[Ord. No. 249, passed 9-9-1993]
(a) 
A change in occupancy resulting from the sale or lease of a multifamily dwelling requires compliance with the provisions of Section 1444.06. A change in occupancy resulting from the sale of a unit within a multifamily dwelling requires compliance with Section 1444.08. A change in occupancy resulting from the lease of a unit within a multifamily dwelling requires compliance with subsection (b) hereof.
(b) 
Upon a change in occupancy resulting from the lease of a unit within a multifamily dwelling, no certificate of use and occupancy will be issued with respect to the dwelling unit until and unless the Code Enforcement and Zoning Officer certifies that smoke detectors and carbon monoxide alarms are installed and in working condition in the following locations:
[Amended 1-28-2021 by Ord. No. 530]
(1) 
On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
(2) 
(2) In each room used for sleeping purposes.
(3) 
In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics.
(4) 
Carbon monoxide alarms shall be provided in dwelling units and sleeping units located in buildings that contain an attached garage, fuel-burning appliance or a fuel-burning fireplace as set forth in Section 915 of the International Building Code. Carbon monoxide alarms shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms. Where a fuel-burning appliance is located within a bedroom or its attached bathroom, a carbon monoxide alarm shall be installed within the bedroom.
In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level, provided that the lower level is less than one full story below the upper level. If the unit is powered by electricity, it shall be primarily or secondarily powered by battery and shall be constructed so as to give off an audible or visual signal when its batteries require replacement or recharge.
There shall be no other certification required by the Code Enforcement and Zoning Officer, provided that the Code Enforcement and Zoning Officer may refuse to grant a certificate of use and occupancy for the dwelling unit if there are any violations of this Building and Housing Code observed within the dwelling unit or the common areas of the building.
[Ord. No. 249, passed 9-9-1993; amended 1-28-2021 by Ord. No. 530]
This chapter is not intended to supersede, nor shall it be construed to imply the superseding of, any building and safety code, including the Uniform Construction Code, as adopted in Section 1430.01, or any building code or ordinance subsequently adopted by the Township, and specifically the requirements of the Uniform Construction Code with respect to the obtaining of a certificate of use and occupancy. Such requirements shall continue to apply to all buildings and structures as defined and upon the terms and conditions as set forth in said Uniform Construction Code.
[Ord. No. 249, passed 9-9-1993]
Whoever violates any provision of this chapter shall be fined not more than $1,000 or imprisoned for not more than 30 days, or both. Any fine or levy shall be collectable, along with the cost of prosecution, before the district justice of competent jurisdiction as like fines and penalties are now, by law, collected. Each day of occupancy without an occupancy permit shall constitute a separate offense.