Borough of Lewistown, PA
Mifflin County
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Table of Contents
Table of Contents
[Adopted 3-24-1986 by Ord. No. 86-2 (Ch. 5, Part 1, of the 1986 Code)]
This article shall be known and may be cited as the "Borough Building, Plumbing, Electrical and Property Maintenance Codes Ordinance."
Pursuant to the authority granted Council by the Borough Code,[1] the following standard codes for the following purposes are hereby adopted by reference for use in the Borough of Lewistown:
A. 
Building Code. For the purpose of establishing minimum standards, performance objectives and regulations governing the design, location, construction, installation, expansion, addition, alteration, repair, maintenance, replacement, structural use and occupancy, demolition or removal of buildings and structures in the Borough and the facilities, systems and equipment required for, or incident to, the operation, service or use of buildings and structures (including but not limited to mechanical equipment and systems, fire protection systems, equipment for use during building operations, elevator and conveyor equipment and energy conservation equipment and systems), there is hereby adopted, effective January 1, 1986, the BOCA Basic National Building Code, 1984, Ninth Edition, by the Building Officials and Code Administrators International, Inc.; but excepting therefrom, however, such portions of the BOCA Basic National Building Code as are deleted, modified or amended as next set forth below. For the purposes of this article, the BOCA Basic National Building Code is referred to as the "Building Code."
(1) 
The following sections of the Building Code are deleted: Section 109.0, Department of Building Inspection; Subsections 111.1, 111.2, 111.3 and 111.9 under Application for Permit; Subsections 112.1 and 112.2 under Permits; Section 114.0, Fees; Subsection 115.4 under Inspection; Subsection 117.4 under Violations; Subsections 120.3 and 120.5 under Unsafe Structures; Section 123.0, Board of Survey; Section 124.0, Board of Appeals; Section 509.0, Special and Temporary Projections; and Section 1906.0, Bonds and Liability Insurance for Signs.
(2) 
The words "Borough of Lewistown" are inserted in the Building Code for the bracketed words "[name of jurisdiction]." The words "Borough Solicitor" are substituted in the Building Code for the words "legal counsel of the municipality," "legal officer of the jurisdiction" or words of similar import. The term "Building Codes, Property Codes and Zoning Code Department" is substituted in the Building Code for the term "Building Official."
(3) 
In Section 616.1, Swimming Pools, the figure "120 square feet" is substituted for the figure "250 square feet."
(4) 
In Section 1716.3.4, Smoke Detectors for Sleeping Areas and Dwelling Units, the words "or R-4" are added at the end of the first sentence.
(5) 
In Sections 1807.2.1 and 1807.2.2, Excavations, the figure "3 feet" is inserted in the bracketed blanks.
B. 
Plumbing Code. For the purpose of establishing minimum standards, performance objectives and regulations governing the design, location, construction, installation, extension, expansion, addition, alteration, modification, repair, maintenance, replacement, relocation or removal of plumbing systems and equipment in or on buildings, structures or premises in the Borough (including but not limited to sanitary and stormwater building drain systems and building sewers, sanitary equipment and facilities, and water supply equipment and facilities), there is hereby adopted, effective January 1, 1986, the BOCA Basic National Plumbing Code, 1984, Sixth Edition, by the Building Officials and Code Administrators International, Inc.; but excepting therefrom, however, such portions of the BOCA Basic National Plumbing Code as are deleted, modified or amended as next set forth below. For the purposes of this article, the BOCA Basic National Plumbing Code is referred to as the "Plumbing Code."
(1) 
The following sections of the Plumbing Code are deleted: Section P-109.0, Plumbing Official; Subsections P-111.1, 111.2, 111.3 and 111.9 under Application for Permit; Subsections P-112.1 and 112.2 under Permits; Section P-114.0, Fees; Subsection P-115.3 under Inspection; Subsection P-117.4 under Violations; and Section P-122.0, Means of Appeal.
(2) 
The words "Borough of Lewistown" are inserted in the Plumbing Code for the bracketed words "[name of jurisdiction]." The words "Borough Solicitor" are substituted in the Plumbing Code for the words "legal counsel of the jurisdiction" or words of similar import. The term "Building Codes, Property Codes and Zoning Code Department" is substituted in the Plumbing Code for the term "plumbing official."
(3) 
In Section 308.3, Freezing, the figure "three feet" is inserted in the two bracketed blanks.
C. 
Electrical Code. For the purpose of establishing minimum standards, performance objectives and regulations governing the design, location, construction, installation, extension, expansion, addition, alteration, modification, repair, maintenance, replacement, relocation or removal of electric conductors, systems and equipment in or on buildings, structures or premises in the Borough, there is hereby adopted, effective January 1, 1986. The National Electrical Code, 1984 Edition (NFPA No. 70-1984), by the National Fire Protection Association. For the purposes of this article, the National Electrical Code is referred to as the "Electrical Code."
D. 
Private Residential Pool Code. For the purpose of establishing minimum safety standards and regulations governing the equipment of all existing and proposed private residential pools in the Borough and the sewer system into which water from a private residential pool may be drained, there is hereby adopted the Private Residential Pool Code, 2015 Edition, as follows:
[Amended 6-13-2011 by Ord. No. 2011-5; 6-8-2015 by Ord. No. 2015-6]
PRIVATE RESIDENTIAL POOL CODE
2015 Edition
1.
Definitions.
Barrier means a fence, wall, building wall or combination thereof, including the walls of any above-ground or on-ground swimming pool, which completely surrounds the swimming pool and obstructs access to the swimming pool.
Private residential pool means any existing or proposed outdoor swimming, wading, bathing or garden pool in the Borough of Lewistown (whether the pool is a pool of permanent construction or a portable or temporary type pool and whether the pool is installed below ground level or above ground level), which:
(a)
Has a depth of two feet or more at any point or a surface area exceeding 120 square feet;
(b)
Is located on private residential premises;
(c)
Is intended for the use or enjoyment of the owner of the pool and the owner's family and friends; and
(d)
Is not open to the public and is not subject to inspection, licensing or permitting by any other government agency.
2.
Barriers.
All private residential pools shall be enclosed by a barrier which shall be at least four feet in height above grade; which shall be of a type sufficient to restrain children; and which shall have each of its gates equipped with a self-closing and self-latching device designed to keep the gate securely closed at all times when the pool is not in actual use.
A principal building or accessory building on the property where the pool is located may be used as part of the barrier, provided that any doorways in the principal building or accessory building which give direct access to the pool are equipped with the self-closing and self-latching device prescribed for gates.
3.
Drainage. Water drained from a private residential pool shall be discharged into the stormwater sewer system of the Borough upon notification and approval by the Borough Manager or the Codes Enforcement Officer prior to such discharge.
4.
Compliance with other ordinances.
This code shall be considered as auxiliary to the Borough Zoning Ordinance and the Borough Building, Plumbing, Electrical and Property Maintenance Codes Ordinance and/or the Uniform Construction Code Election Ordinance, as applicable; and the standards and regulations for the location, construction, installation, expansion, enlargement, alteration, relocation, removal or repair of a private residential pool shall be determined (except as to the requirements in Paragraphs 2 and 3 above) by such ordinances and any codes adopted by such ordinances.
Because this code is auxiliary to the Borough Zoning Ordinance, the words "accessory building" as used in the Borough Zoning Ordinance[2] shall for the purposes of this part mean and include a "private residential pool."
[2]
Editor's Note: See Ch. 240, Zoning.
E. 
Property Maintenance Code. For the purpose of regulating and governing the safe and sanitary conditions and maintenance of property, buildings and structures by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use, and for the condemnation of buildings and structures unfit for human occupancy and use, and for the demolition of existing structures and buildings within the Borough, there is hereby adopted, as of the effective date of this subsection, the following: The International Property Maintenance Code, 2015 edition, as published by the International Code Council, excepting therefrom, however, such portions of the International Property Maintenance Code, 2015 Edition, as are deleted, modified or amended as next set forth below. For purposes of this article, the International Property Maintenance Code, 2015 Edition, is referred to as the "Property Maintenance Code."
[Amended 7-10-2006 by Ord. No. 2006-5; 7-13-2015 by Ord. No. 2015-7]
(1) 
The following sections, subsections and provisions of the Property Maintenance Code are deleted:
(a) 
Section 103, Department of Property Maintenance Inspection;
(b) 
Subsections 104.2 (Inspections) and 104.3 (Right of entry) under Section 104, Duties and Powers of the Code Official;
(c) 
Subsections 106.2 (Notice of violation), 106.3 (Prosecution of violation), and 106.4 (Violation penalties) under Section 106, Violations;
(d) 
Section 107, Notices and Orders;
(e) 
Section 108, Unsafe Structures and Equipment;
(f) 
Subsection 110.2 (Notices and orders) under Section 110, Demolition;
(g) 
Section 111, Means of Appeal;
(h) 
Subsection 112.4 (Failure to comply) of Section 112, Stop Work Order; and
(i) 
Any reference to the International Zoning Code, especially in Subsection 102.3 (Application of other codes) and Subsection 201.3 (Terms defined in other codes) and in Chapter 8, Referenced Standards.
(2) 
The words "Borough of Lewistown" are inserted in the Property Maintenance Code for the bracketed words, "[Name of Jurisdiction]." The words "Borough Solicitor" are substituted in the Property Maintenance Code for the words "legal representative" or words of similar import. The term "Building Codes, Property Codes and Zoning Department" are substituted in the Property Maintenance Code for the term "Code Official," and any reference to "governing body" or "appointing authority" or the like shall mean "Borough Council of the Borough of Lewistown."
F. 
On and before December 31, 1985, the existing Building Code, Plumbing Code, Electrical Code and Property Maintenance Code (all previously adopted by the Borough) shall remain in full force and effect.[3]
[3]
Editor's Note: Original § 103, Compliance with Pa. "Building Energy Conservation Act," which immediately followed this subsection, was repealed 7-10-2006 by Ord. No. 2006-5.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
[Amended 7-10-2006 by Ord. No. 2006-5]
Three copies of each of the codes referred to in § 110-2, have been filed in the office of the Building Codes, Property Codes and Zoning Code Department of the Borough. The copies may be examined at the office of the Department, Monday through Friday, except holidays, during the hours from 9:00 a.m. to 12:00 noon and 1:00 p.m. to 4:00 p.m.
A. 
When not inconsistent with the context of this article or a code referred to in § 110-2, or unless otherwise expressly stated in this article or a code referred to in § 110-2, words and terms used in the present tense include the future tense; words and terms used in the plural number include the singular number and the converse; and the masculine gender includes the feminine gender and the neuter gender and the converse.
[Amended 7-10-2006 by Ord. No. 2006-5]
B. 
Interpretation and determination of certain terms.
(1) 
Where the term "current value," "replacement value," "physical value," or a term of similar import, is used in a code referred to in § 110-2 with respect to a building or structure, there is substituted for that term the term "fair market value (exclusive of foundations) as determined by the Department." The fair market value of a building or structure shall be determined by the Building Codes, Property Codes and Zoning Code Department of the Borough and shall be based on the Department's opinion as to what the building or structure would sell for between a willing buyer and a willing seller who have taken into consideration all the factors necessary or appropriate in negotiating the sale and purchase, such as wear, tear, decay, deterioration, obsolescence, inadequacy or redundancy of the building or structure. It is recognized that the sale and purchase of a building or structure independent of the land on which it is erected is unlikely, but it is also recognized that in making a valuation or appraisal of real estate, one value is usually assigned to the building or structure and one value to the land.
(2) 
Where the term "cost of the work" or "value of the materials and labor involved in the work," or a similar term, is used in this article or in a code referred to in § 110-2 with respect to the cost of reconstructing, altering, restoring, rehabilitating, remodeling or modernizing a building or structure or the cost or restoring or resuming a use, the cost or value shall be determined by the Building Codes, Property Codes and Zoning Code Department of the Borough and shall be based on the Department's opinion of the value of all equipment, materials and labor involved in the work, including the value of all materials and labor involved in plumbing, electrical, heating, ventilation and other mechanical work, but excluding the value of equipment, materials and labor involved in any removal, demolition or cleanup work. In making the determination of the cost or value, the Department may use the values reported in applications for zoning, building, plumbing and electrical permits or the like. However, the values reported in applications for permits shall not be deemed to be conclusive evidence, and, therefore, shall not be binding on the Department in making the determination.
C. 
Where a word or term is defined under Subsection E below or by another section in this article and the same word or term is defined by a code referred to in § 110-2, but there is a conflict between the definition in Subsection E and the definition in the code, the definition in Subsection E below shall govern if the matter involves the administration or enforcement of this article, and the definition in the code shall govern if the matter involves the interpretation or application of a mechanical or technical standard or regulations prescribed by the code.
[Amended 7-10-2006 by Ord. No. 2006-5]
D. 
Where a word or term is not defined under Subsection E below or by another section in this article and is not defined by a code referred to in § 110-2, the word or term shall have attributed to it its ordinarily accepted meaning or such as the context may require or imply.
[Amended 7-10-2006 by Ord. No. 2006-5]
E. 
Unless otherwise expressly stated, or unless the context clearly requires a different meaning, the following words and terms, when used in this article, shall have the meanings next ascribed to them.
CONTRACTOR
Any person who undertakes to perform work for another, whether or not for compensation and whether or not pursuant to a written or oral agreement. The word means and includes the agents and employees of a contractor.
DEPARTMENT
The Building Codes, Property Codes and Zoning Code Department of the Borough or the Department officers.
DEPARTMENT OFFICER
An employee in the Department who has been appointed by Council or authorized by the Borough Manager to perform the duties, carry out the responsibilities and exercise the powers referred to in § 110-5.
OWNER
Any person who, whether alone or jointly or severally with others:
(1) 
Has legal title to, or a vested or equitable interest in, any equipment or any building, dwelling, dwelling unit, rooming unit, structure, use, land or the premises thereof, with or without actual or accompanying possession thereof; or
(2) 
Has charge, care or control of any equipment or any building, dwelling, dwelling unit, rooming unit, structure, use, land or the premises thereof, whether as agent, attorney, manager, operator, supervisor, receiver, trustee or the like for the owner or as agent, manager, personal representative, trustee or the like for the estate of the owner.
PERSON
Any individual, partnership, firm, association, organization, corporation, government agency, municipal authority, or other entity.
PROPERTY
Any building or part thereof, any dwelling or part thereof (including a dwelling unit or rooming unit), any structure or part thereof, any use or a part thereof, any land or a part thereof, and the premises of any of the same and the equipment on or in any of the same, irrespective of whether any of the same is residential or nonresidential in character or use, and irrespective of whether any of the same is occupied or vacant or in use or not in use.
The words "building," "dwelling," "dwelling unit," "rooming unit," "structure" and "premises" shall have the meanings respectively ascribed to them by Chapter 240, Zoning.
(1) 
Any property which is determined by a Department officer to constitute a hazard to the health or safety of occupants, users or the public because the condition or state of maintenance of the property does not comply with the standards or regulations of the Property Maintenance Code, but the condition or lack of maintenance has not reached such a condition or state as to warrant the Department officer declaring the property to be unsafe within the meaning of "unsafe property" below.
(2) 
Among the conditions and factors which a Department officer may take into consideration in determining that a property is unfit for occupancy or use (any one of which conditions or factors may alone be determinative of the matter) are vacancy or abandonment; dampness or admission of water; decay; deterioration; percentage of disrepair; degree of lack of maintenance; damage to equipment or the amount of unsafe equipment; infestation by insects, vermin or rodents; unsanitary conditions or the presence of pathogenic organisms; unsafe conditions likely to cause personal injury; lack of adequate or operable illumination, ventilation, heating, plumbing or sanitary equipment or facilities; lack of adequate or operable exit facilities; lack of minimum safeguards against fire or explosion; or the continuation of a condition or defect because of the failure of the owner or occupant to comply with an order issued by a Department officer to correct the condition or defect.
(1) 
Any device, equipment, system or facility, or a component or element thereof, which is in or on a property and which is determined by a Department officer to be in such a condition of disassembly or disrepair, or so obsolescent, damaged, decayed, deteriorated or worn out, or so inadequate for the purpose or use for which it was intended, that is constitutes a hazard to the life, health, safety or property of the users of the device, equipment, system or facility; or the occupants or users of the property where the device, equipment, system or facility is located; or the public.
(2) 
The words "device," "equipment," "system" and "facility" are intended to be general in nature and to be given ordinary meaning. For example, it is intended that the words would include such objects as: a furnace, heating duct, heating system, electrical wiring, electrical fixture, gas line, gas fixture, building drain, plumbing fixture, stairs, fire escape, exit facility, motor, mechanical apparatus, scaffold or rigging.
(1) 
Any property which is determined by a Department officer to be in such an unsafe condition as to be, or very likely to become, an actual and immediate danger to the life, health, safety or property of occupants, users, neighbors or the public.
(2) 
Among the conditions and factors which a Department officer may take into consideration in determining that a property is unsafe (any one of which conditions or factors may alone be determinative of the matter) are vacancy or abandonment; collapse or failure, or the danger thereof; decay; deterioration; percentage of disrepair; degree of lack of maintenance; damage to equipment or the amount of unsafe equipment; structural damage; structural instability; infestation by insects, vermin or rodents; unsanitary conditions, or the presence of pathogenic organisms, so gross or perilous that the risk of disease is substantially increased; unsafe conditions so numerous that the risk of personal injury is substantially increased; lack of adequate or operable illumination, ventilation, heating, plumbing or sanitary equipment or facilities; lack of adequate or operable exit facilities; conditions or hazards likely to cause fire or explosion or to substantially increase the risk of fire or explosion or the risk of spread of fire or explosion; in light of the existing use or occupancy of the property, the age, obsolescence, or inadequate load-bearing capacity of the property; or the continuation of a condition or defect because of the failure of the owner or occupant to comply with an order issued by a Department officer to correct the condition or defect. A vacant building which is unguarded and which has open or broken doors or windows shall be deemed to be an unsafe property within the meaning and scope of this definition.
[Amended 7-10-2006 by Ord. No. 2006-5]
A. 
It shall be the duty and responsibility of a Department officer to:
(1) 
Administer and enforce this article, the codes referred to in § 110-2; and
(2) 
To make, such inspections, tests, requirements, notices, orders and decisions as are necessary or appropriate to ensure that standards or regulations are met, compliance is achieved, or life, health, safety or property is not endangered and will be reasonably protected.
B. 
A Department officer shall have such powers as are reasonably necessary to perform the duties and carry out the responsibilities assigned by § 110-5A and shall have those specific powers granted by this article and by the codes and regulations referred to in Subsection A.
C. 
In addition to the duties in § 110-5A and the powers in § 110-5B, a Department officer shall have such other duties as are assigned to him and have such other powers as are granted to him by other ordinances of the Borough or by the Borough Manager.
A. 
The provisions of the Building Code, Plumbing Code, and Electrical Code are not intended to prevent the use of any alternative design, practice, method, test, material, equipment or assembly not specifically prescribed or approved by the code. Accordingly, the Department or a Department officer may approve such an alternative, provided it or he determines that the alternative complies with the intent of the code and the alternative is at least the equivalent of that prescribed or approved by the code in terms of the purpose intended and in terms of performance, quality, strength, effectiveness, durability, safety and the like.
B. 
In making a determination whether or not to approve an alternative, the Department or the Department officer may accept test results, research papers, reports and other like data from the sponsors of a code, recognized research or inspection services, registered architects, licensed professional engineers, or the like. However, the costs and expenses of all tests, documents or data shall be borne by the person seeking to use the alternative.
A. 
A Department officer, in the discharge of his duties and upon proper identification, is hereby authorized to enter any property in the Borough for the purpose of making any inspection which he deems necessary or appropriate to make in performing his duties or carrying out his responsibilities under § 110-5A.
B. 
The times when a Department officer may make an inspection shall be:
(1) 
Monday through Friday, except holidays, during the hours from 9:00 a.m. to 5:00 p.m.;
(2) 
At the time when an owner, occupant or contractor, as the case may be, has agreed or requested that an inspection be made;
(3) 
At any time when the property is open to the public or at any time when the inspection is of an open area outdoors;
(4) 
If a permit has been obtained from the Department, at any time when work covered or governed by the permit is in progress;
(5) 
If a permit has not been obtained from the Department or is not required, at any time when demolition work, removal work, excavation work, construction work, plumbing work, electrical work, mechanical work, alteration work, restoration or rehabilitation work, remodeling work, or repair work is in progress; or
(6) 
At any time when an actual emergency tending to create an immediate danger to life, health, safety or property exists or, when following an accident or casualty, an inspection is required to determine whether an immediate danger to life, health, safety or property exists.
C. 
Refusal or restriction of entry or inspection.
(1) 
If an owner, occupant or contractor, as the case may be, refuses, forbids, interferes with, restricts or obstructs the entry or inspection by a Department officer, the Borough Manager or the President of Council may issue a written notice to the owner, occupant or contractor: a) identifying the property to be inspected; b) stating the reason for the inspection; c) citing the provisions of this article which authorize the Department officer to make the inspection; and d) containing an order that the Department officer be permitted to enter the property and make the inspection.
(2) 
If upon service of the notice and order the owner, occupant or contractor refuses, forbids, interferes with, restricts or obstructs the entry or inspection by the Department officer, the Department officer is authorized to apply to a court with appropriate jurisdiction either: a) for a search warrant authorizing the entry and inspection; or b) for an order directing that the owner, occupant or contractor cease and desist from his actions. It shall be sufficient probable cause for the issuance by the court of a search warrant or a cease and desist order that the notice and order by the Borough Manager or the President of Council was not complied with or was ignored.
D. 
An inspection by a Department officer shall not unduly annoy or disturb an owner, occupant or contractor, as the case may be, and an inspection by a Department officer shall be made so as to cause the least amount of inconvenience to an owner, occupant or contractor as is consistent with the purposes of the inspection.
A. 
Noncompliance with Building Code, Plumbing Code and Electrical Code or Uniform Construction Code regulations. Whenever a Department officer determines that work does not comply with the standards or regulations of the Building Code, the Plumbing Code or the Electrical Code, or the Uniform Construction Code regulations, he shall give written notice of that fact to the owner, occupant or contractor, as the case may warrant, and shall include in that notice:
[Amended 7-10-2006 by Ord. No. 2006-5]
(1) 
A description sufficient to identify the work and the property where the work is located;
(2) 
A statement of the reasons why the work does not comply with the standards or regulations; and
(3) 
An order that the owner, occupant or contractor, as the case may be, take such timely action to correct the work as is deemed necessary by the Department officer to have the work comply with the standards or regulations.
B. 
Defective or unsafe work, or work done without a permit. Whenever a Department officer determines that work is so defective or is being carried on so unsafely that the continuance of the work would be dangerous to the life, health, safety or property of a contractor, an occupant, the owner or the public, or whenever a Department officer determines that work is being done without a permit in a case where a permit is required by § 110-13, he shall give written notice of that fact to the owner, occupant or contractor, as the case may warrant, and shall include in that notice:
(1) 
A description sufficient to identify the work and the property where the work is located;
(2) 
A statement of the reasons why the work is defective, unsafe or requires a permit; and
(3) 
A stop-work order substantially to the effect that all further work be stopped until the condition of the work on which the order is based has been remedied or until a permit has been issued for the work.
C. 
Noncompliance with Property Maintenance Code. Whenever a Department officer determines that the condition or state of maintenance of a property does not comply with the standards or regulations of the Property Maintenance Code, he shall give written notice of that fact to the owner or the occupant, or to both, as the case may warrant, and shall include in that notice:
(1) 
A description sufficient to identify the property which is the subject of the notice;
(2) 
A statement of the reasons why the condition or state of maintenance of the property does not comply with the standards or regulations; and
(3) 
An order that the owner or the occupant, or both, as the case may be, take such timely action to correct the condition or the state of maintenance as is deemed necessary by the Department officer to achieve compliance with the standards or regulations.
D. 
Unsafe equipment. Whenever a Department officer determines that equipment is unsafe, he shall give written notice of that fact to the owner of the equipment and shall include in that notice: 1) a description sufficient to identify the equipment and the property where the equipment is located; 2) a statement of the reasons why the equipment has been determined to be unsafe; 3) an order that the owner make the equipment safe, replace the equipment, remove the equipment or place the equipment out of service or use, as the case may warrant; and 4) an order that no person is to use the equipment so long as it remains unsafe on the property.
E. 
Property unfit for occupancy or use. Whenever a Department officer determines that a property is unfit for occupancy or use, he shall give written notice of that fact to the owner and any occupants and shall include in that notice:
(1) 
A description sufficient to identify the property which has been determined to be unfit for occupancy or use;
(2) 
A statement of the reasons why that determination was made;
(3) 
An order that the property determined to be unfit for occupancy or use be vacated within the time prescribed in the order;
(4) 
An order that the owner and any occupants take such immediate remedial action as is deemed necessary by the Department officer to protect the health and safety of the occupants, users or the public;
(5) 
An order that after the property has been vacated, the owner take such action as is deemed necessary by the Department officer to secure the continuous health and safety of the public; and
(6) 
An order that after the property has been vacated, no person is to occupy or use the property so long as it remains unfit for occupancy or use.
F. 
Unsafe property.
(1) 
Whenever a Department officer determines that a property is unsafe, he shall give written notice of that fact to the owner and any occupants and shall include in that notice:
(a) 
A description sufficient to identify the property which has been determined to be unsafe;
(b) 
A statement of the reasons why that determination was made;
(c) 
A statement of the repairs, improvements or other corrections to be made by the owner in order to make the property safe;
(d) 
An order that the owner either:
[1] 
Make the property safe within the time prescribed in the order; or
[2] 
Demolish or remove the property within the time prescribed in the order;
(e) 
An order that, within the decisional time fixed in the order, the owner declare to the Department which one of the two alternative orders {Subsection F(1)(d)[1] or [2]} the owner will accept or comply with;
(f) 
An order that the property determined to be unsafe be vacated within the time prescribed in the order;
(g) 
An order that the owner and any occupants take such immediate remedial action as is deemed necessary by the Department officer to protect the life, health, safety or property of the occupants, users, neighbors or the public;
(h) 
An order that after the property has been vacated, the owner take such remedial action as is deemed necessary by the Department officer to secure the life, health, safety or property of neighbors or the public until the property is made safe or is demolished or removed; and
(i) 
An order that after the property has been vacated, no person is to occupy or use the property so long as it remains unsafe.
(2) 
In addition to the contents to be included in the notice and order under Subsection F(1) above, the notice and order shall contain:
(a) 
A warning substantially to the effect that if the owner fails within the decisional time fixed under Subsection F(1)(e) above to make the declaration to the Department required by Subsection F(1)(e), the demolition or removal order under Subsection F(1)(d)[2] will, upon the expiration of the decisional time and without further notice to the owner, supersede the make-safe order under Subsection F(1)(d)[1]; and
(b) 
A warning substantially to the effect that unless the owner, within 15 days after the expiration of the decisional time, files an appeal with the Board of Building Appeals appealing the demolition or removal order under Subsection F(1)(d)[2] the demolition or removal order will become final and nonappealable, and thereafter, the owner's failure to carry out the demolition or removal order could result in the property being declared a public nuisance and abatable as such by the Borough at the cost and expense of the owner.
(3) 
The decisional time to be fixed under Subsection F(1)(e) shall be that time which the Department or the Department officer deems to be reasonably sufficient for the owner to meet with contractors, architects or engineers; take into consideration the factors necessary or appropriate in evaluating the two alternatives available to the owner; and arrive at a decision.[1]
[1]
Editor's Note: Former Subection G, Violation tickets, added 4-10-2017 by Ord. No 2017-4, which immediately followed this subsection, was repealed 11-12-2019 by Ord. No. 2019-6.
A. 
Service.
(1) 
Service of a notice and order referred to in § 110-8 shall be made upon the owner, occupant or contractor, as the case may require, in the following manner:
(a) 
By handing a copy to him;
(b) 
By handing a copy (a) to an adult person in charge of the work for the time being; or (b) to an adult person in charge of the property where the work is located;
(c) 
By handing a copy to an adult person in charge of the equipment which is the subject of a notice and order that the equipment is unsafe;
(d) 
By handing a copy to an adult person in charge of the property which is the subject of a notice and order that the property is unfit or unsafe;
(e) 
By handing a copy (a) to an adult member of the household at, or to an adult person in charge of, the residence of the owner, occupant or contractor; or (b) to the clerk, manager or other person in charge of the hotel, apartment house, rooming house or other like place where the owner, occupant or contractor resides;
(f) 
By handing a copy to an adult person in charge, for the time being, of the office or usual place of business of the owner, occupant or contractor; or
(g) 
By mailing a copy by certified or registered mail, return receipt requested, to the last known address of the owner, occupant or contractor and, concomitantly mailing a copy by ordinary mail to the same address.
(2) 
The items in Subsection A(1)(a) through (g) this section are not intended to be preferential in the order of their numbering.
B. 
If service of the notice and order is made by hand, it may be made by any adult person in the employ of the Borough, and that person shall execute a return of service form showing the day, hour and place of service and the name and capacity or relationship of the person to whom the copy of the notice and order was handed.
C. 
If the certified or registered mail and the ordinary mail are both returned by the postal authorities, and if service of the notice and order cannot be made expeditiously in any other manner under Subsection A, service shall be made by posting a copy of the notice and order in a conspicuous place visible to the public on the property which is the subject of, or affected by, the notice and order.
A. 
Posting.
(1) 
In addition to the service of a notice and order to be made under § 110-9, a copy of the notice and order that equipment is unsafe, a copy of the notice and order that a property is unfit for occupancy or use, or a copy of the notice and order that a property is unsafe, shall be:
(a) 
Posted in a conspicuous place on the equipment or the property which is the subject of the notice and order;
(b) 
Filed in the Notices of Unfit or Unsafe Properties Book kept by the Borough in the office of the Recorder of Deeds of Mifflin County; and
(c) 
Furnished to the Chief of the Fire Department for his information.
(2) 
The provisions of this Subsection A are intended to be only administrative or ministerial in nature, and the failure by a Department officer or the Department to comply with this Subsection A shall not be grounds for any action, right or liability against the officer, the Department or the Borough.
(3) 
It shall be unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter a copy of any notice and order posted under Subsection A(1)(a) or filed under Subsection A(1)(b).
B. 
Unfit or unsafe warning placards.
(1) 
In order to warn occupants, users or the public that equipment is unsafe, property is unfit for occupancy or use, or property is unsafe and that use or occupancy is prohibited, the Department may post such unfit or unsafe warning placards:
(a) 
In such conspicuous places on the unsafe equipment and in such conspicuous places on the property where that equipment is located as are visible to occupants, users or the public; or
(b) 
In such conspicuous places on the unfit or unsafe property as are visible to occupants, users or the public, as the Department may determine necessary or appropriate for the purpose.
(2) 
It shall be unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter any warning placard posted under this Subsection B.
A. 
It shall be unlawful for any person to willfully use, or willfully permit another to use, any unsafe equipment as to which an order prohibiting its use has been entered under § 110-8D(4).
B. 
It shall be unlawful for any person to willfully occupy or use, or willfully permit another to occupy or use, any unfit property as to which an order prohibiting its occupancy or use has been entered under § 110-8E(6).
C. 
It shall be unlawful for any person to willfully occupy or use, or willfully permit another to occupy or use, any unsafe property as to which an order prohibiting its occupancy or use has been entered under § 110-8F(1)(i).
The Department will remove the copies of the notices and orders posted and filed under § 110-10A and B and will remove the warning placards posted under § 110-10B when the conditions or defects upon which the underlying notice and order were based have been eliminated.
A. 
When a permit is required.
(1) 
Before any person, whether owner, occupant, contractor, architect, engineer, agent or employee, shall undertake the work of any of the following he shall first obtain a zoning, building, plumbing or electrical permit, as the case may warrant, from the Department:
(a) 
Removing or demolishing a building or structure;
(b) 
Constructing or installing a building or structure;
(c) 
Installing or storing a house trailer or mobile home (See Chapter 240, Zoning, for definitions.), as distinguished from merely parking a house trailer or mobile home temporarily off street;
(d) 
Making structural alterations or structural changes to an existing building or structure, including the installation, cutting or removal of any bearing wall, bearing beam or other bearing support;
(e) 
Making additions to, or changes or modifications in, the exterior outline or envelope of a building or structure; or adding any window or any exit facility; or making additions to, or changes or modifications in, any window or any exit facility; or removing any window or any exit facility;
(f) 
Installing exterior weather boarding, siding or veneer or installing roof decking, sheathing or shingles;
(g) 
Making additions to, or changes or modifications in, the interior wall system or interior stair system of a building or structure, including the installation, cutting or removal of a nonbearing curtain wall or the installation, cutting or removal of interior stairs;
(h) 
Changing the occupancy of a building or structure from one use occupancy to another use occupancy which requires greater structural strength or more windows, more exit facilities or more bathrooms or lavatories;
(i) 
Installing or relocating an interior fireplace, wood-burning stove, coal-burning stove or similar stationary space heating device, as distinguished from the use of a portable electric or kerosene space heater;
(j) 
Installing or relocating an outdoor incinerator, an outdoor fuel-burning appliance or an outdoor barbecue fireplace or similar stationary cooking stove or grilling device, as distinguished from the use of a portable charcoal or electric or gas grill or vessel;
[Amended 1-18-2007 by Ord. No. 2007-5]
(k) 
Performing any major or substantial repairs on, or installing, extending, expanding, enlarging, altering, relocating or removing any electrical system, gas system, heating system, plumbing system, or mechanical ventilation or air-conditioning system or any principal or essential equipment, component or element required for the operation of such a system;
(l) 
Performing any major or substantial repairs on, or installing, extending, expanding, enlarging, altering, relocating or removing any on-lot or on-site building sewer for sanitary sewage or stormwater, any on-lot or on-site surface water drainage facility, or any on-lot or on-site gas line, waterline or underground electric line;
(m) 
Performing any on-lot or on-site excavation, filling or grading work, or performing any new or initial paving work on a lot, or extending or expanding any existing paving on a lot; or
(n) 
Constructing or installing, or performing any major or substantial repairs on, or expanding, enlarging, altering, relocating or removing any private residential pool.
(2) 
Exceptions. A permit shall not be required in the following cases:
(a) 
Cosmetic work such as painting, installing carpet or other floor covering, papering walls, panelling walls, or installing suspended ceilings. (But see Chapter 125, Flood Damage Prevention, for certain standards for floors, walls and ceilings.)
(b) 
Ordinary maintenance and ordinary repairs to a building, structure or tract of land in the routine course of its upkeep, provided that such maintenance or repairs do not directly or indirectly include or involve any of the work described in Subsection A(1)(a) through (n) above.
(c) 
Electrical work, gas work, heating work, plumbing work, or mechanical ventilation or air-conditioning work which involves ordinary maintenance, ordinary repairs or like-for-like replacements of existing equipment, components or elements in the routine course of their operation, upkeep or useful life, provided that any such maintenance, repairs or replacements do not directly or indirectly include or involve any of the work described in Subsection A(1)(a) through (n) above or do not directly or indirectly include or involve the replacement of any item located underground if to do so would involve any excavation, filling or grading work.
(d) 
Electrical work, gas work, heating work, plumbing work, or mechanical ventilation or air-conditioning work of the kind referred to in Subsection A(1)(k) above if the value of all labor and materials used in the work is less than $300 and the work does not involve any excavation, filling or grading work.
(e) 
Electrical work, gas work or plumbing work of the kind referred to in Subsection A(1)(k) above if the work is done by a public utility company, government agency or municipal authority.
(f) 
Removal or demolition work referred to in Subsection A(1)(a) above if the work involves only the removal or demolition of:
[1] 
A walk, fence or other structure, feature or object described in § 240-54B(8) of Chapter 240, Zoning, other than a retaining wall or other like lateral ground support; or
[2] 
A building or structure from which all utility lines have been detached and which has a building height or structure height of 10 feet or less and a building area of 150 square feet or less, and there is no basement or cellar which would require backfilling after the building or structure is removed or demolished.
B. 
In the event of an emergency or in the event there are practical difficulties involved in submitting an application for a permit and the Department determines that there were extenuating circumstances, the Department may, in its discretion, modify the requirement that no work requiring a permit may be undertaken unless a permit has first been obtained from the Department, and issue a permit now for then, provided that:
(1) 
An application for a permit is first filed with the Department;
(2) 
The spirit and intent of this entire section is observed;
(3) 
The nature of the proposed use or occupancy is approved by the Department; and
(4) 
The scope and nature of any work done before the issuance of the permit, and the scope and nature of any work remaining to be done after the issuance of the permit, are approved by the Department.
C. 
Form of application for permit; execution of application.
(1) 
The application for a permit shall be in such form, require the disclosure of such information, and be accompanied by such plot plans, building plans or work plans and construction specifications or work specifications as the Borough or the Department may from time to time prescribe.
(2) 
The application for a permit may be made and signed by the owner of the building, structure, land or use which is the subject of the application or by the owner's tenant, contractor, architect, engineer, agent or employee, provided that the application includes or is accompanied by a written assurance that the work or use proposed is authorized by the owner.
D. 
Amendments to an application or a permit.
(1) 
Subject to the limitations of Subsection A of this section, an amendment to an application for a permit or the accompanying plans or specifications, or an application for an amendment to a permit, shall be filed with the Department promptly after the applicant or the permit holder becomes aware that an amendment is necessary.
(2) 
No change in the work for which a permit was issued shall be undertaken until an application for an amendment to the permit has been filed with the Department and approved by the Department.
E. 
Abandonment of application. An application for a permit shall be deemed to have been abandoned by the applicant 90 days after the date on which the application was filed with the Department, unless the application was diligently pursued or followed up by the applicant or a permit was issued or denied by the Department. However, reasonable extensions of time for additional periods not exceeding 90 days each may be granted by the Department, in its discretion, at the written request of the applicant.
F. 
Review of application for permit, disapproval of application, or approval of application and issuance of permit.
(1) 
Within 90 days after the date on which an application for a permit was filed with the Department, the Department shall review the application and all accompanying plans and specifications which are part of the application; and either approve or disapprove the application.
(2) 
In the case where an application shows or suggests that the proposed work, use or occupancy involves a type of matter which is within the regulatory jurisdiction of a government agency or authority other than the Borough, the Department (before approving the application and issuing a permit) shall ensure that:
(a) 
Any necessary permits or approvals have been or will be obtained by the applicant from the appropriate agency or authority; or
(b) 
The nature or scope of the matter is such that no permit or approval is required from the agency or authority.
(3) 
If the proposed work, use or occupancy does not conform to the applicable provisions, requirements, standards or regulations of all pertinent codes, ordinances, resolutions or regulations of the Borough, or if any necessary permit or approval referred to in Subsection F(2) above has not been obtained or there is no satisfactory assurance that it will be obtained, the Department shall disapprove the application and give the applicant a brief, written explanation setting forth the reasons why the application was disapproved and the manner in which the proposed work, use, occupancy or other matter faulted might be corrected in order that the application might be approved.
(4) 
If the proposed work, use or occupancy conforms to the applicable provisions, requirements, standards and regulations of all pertinent codes, ordinances, resolutions and regulations of the Borough, and if all necessary permits or approvals referred to in Subsection F(2) above have been obtained or there is satisfactory assurance that they will be obtained, the Department shall approve the application and issue the permit.
G. 
Expiration of permit. A permit shall expire and become invalid if the work for which the permit was issued is not started within six months from the date on which the permit was issued or, if the work is started, it is then suspended or abandoned for a period of six consecutive months.
H. 
Revocation of permit.
(1) 
The Department or a Department officer shall have the right to revoke a permit in a case where any false statement or misrepresentation of fact was made in the application or in the plans or specifications on which the permit was based; the permit holder fails to comply with any of the applicable provisions, requirements, standards or regulations of any pertinent code, ordinance, resolution or regulation of the Borough; work has been commenced or done contrary to the disclosures made in the application or in the plans or specifications on which the permit was based; or work has been commenced or done contrary to any permit, certificate or the like furnished to the Department or issued by the Department.
(2) 
Upon the revocation of the permit, all work for which the permit was issued shall stop.
I. 
Posting of permit; notice of start of work. A counterpart of the permit or a permit placard issued by the Department shall be posted in a conspicuous place at the site of the work or the use. Not less than 24 hours' notice of the intended start of work under a permit shall be given to the Department.
J. 
Permit fee and related fees; refund.
(1) 
A permit shall not be issued by the Department until the prescribed fees have been paid to the Borough, and an amendment to an application for a permit or an application for an amendment to a permit shall not be approved by the Department until any additional fees have been paid.
(2) 
The fees for the Department's review of an application for a permit, review of plans and review of specifications; the fee for a permit; and the fees for inspections shall be those prescribed by the separate Borough Costs and Fees Schedule adopted by Council.[1]
[1]
Editor's Note: The current Borough Costs and Fees Schedule is on file in the Borough's offices.
(3) 
The payment of any fee under Subsection J(2) above shall not relieve the applicant or the permit holder from the payment of any other fees which may be required under other ordinances, resolutions or regulations of the Borough or under the laws, rules or regulations of another government agency or authority.
(4) 
In the case of the abandonment of an application for a permit, or the expiration or revocation of a permit, a partial refund of the fee paid for the permit will be refunded by the Borough upon the written request of the applicant for the permit or the permit holder, as the case may be. The amount of the refund shall be determined as follows:
(a) 
In the case where no work has been started, 80% of the fee paid for the permit will be refunded.
(b) 
In the case where work has been started, the percentage of the work not completed shall be determined by the Department, and that percentage shall be the percentage of the fee paid for the permit which will be refunded. In no event, however, shall the amount refunded under this Subsection J(4)(b) exceed 80% of the fee paid for the permit.
(5) 
No refund shall be made of any fee paid for the review of an application, any fee paid for the review of plans, any fee paid for the review of specifications, or any fee paid for an inspection where the review or the inspection was actually made by the Department.
A. 
Before a permit will be issued for the removal or demolition of a building or structure, the contractor who will perform the work, or the owner of the building or structure if the owner will perform the work himself or with his own forces, shall furnish the Department with a certificate of insurance, evidencing that:
(1) 
For the period during which the removal or demolition work will be performed, the contractor or the owner, as the case may be, will have in force a comprehensive general liability insurance policy (or other like protective public liability insurance policy) insuring him against such bodily injury claims and property damage claims as may arise out of or result from the removal or demolition work at the particular site where the work will be performed.
(2) 
The policy is written for at least the following hazards, liabilities or coverages:
(a) 
Premises - operations;
(b) 
Explosion hazard and collapse hazard;
(c) 
Underground property damage hazard;
(d) 
Broad form property damage; and
(3) 
The policy is written for not less than the following limits of liability:
(a) 
Bodily injury.
[1] 
All persons each occurrence: $200,000.
(b) 
Property damage.
[1] 
Each occurrence: $200,000.
[2] 
Aggregate: $200,000.
(c) 
In the alternative, bodily injury and property damage combined:
[1] 
Each occurrence: $300,000.
[2] 
Aggregate: $300,000.
B. 
Exception. The Department may, in its discretion, waive the requirement for evidence of insurance coverage under Subsection A of this section in those cases where the Department is satisfied that:
(1) 
The building or structure to be removed or demolished has a building height or structure height of 14 feet or less and a building area of 600 square feet or less;
(2) 
The building or structure is completely detached from any other building or structure and is completely detached from all utility lines;
(3) 
The exterior walls of the building or structure are located at that distance from all right-of-way lines of streets and alleys and all boundary lines of abutting lots which is the equivalent of not less than 1/2 of the building height or structure height;
(4) 
The removal or demolition work will be done by manually dismantling the building or structure and manually lowering the material to the ground, as distinguished from those types of demolition methods commonly known as the "ball and crane" method, "trip-type" method or "dropping" method; and
(5) 
There are no other circumstances or factors which, in the opinion of the Department, might endanger the life, health, safety or property of neighbors or the public.
A. 
Inspections.
(1) 
When an electrical permit has been issued by the Department, no current shall be supplied for any part of the electrical work done under the permit until:
(a) 
The electrical work has been inspected and approved by an Electrical Inspector from one of the inspection agencies listed in Subsection B of this section;
(b) 
A duplicate record of the Electrical Inspector's inspection report and approval of the work has been filed with the Department; and
(c) 
The Department has issued a certificate of approval (commonly known as a "cut-in card").
(2) 
No Electrical Inspector shall inspect any electrical work before a permit for that work has been issued by the Department.
B. 
The following inspection agencies have been approved by Council as agencies whose Electrical Inspectors are authorized to make inspections of electrical work in the Borough:
(1) 
The Middle Department Inspection Agency.
(2) 
Atlantic-Inland, Inc.
(3) 
Commonwealth Electrical Inspection Service, Inc.
(4) 
Lehigh Valley Electrical Inspection Service.
C. 
Except for electrical work for which an electrical permit is not required under the exceptions of § 110-13A(2)(c) or (d), no Electrical Inspector shall act as an electrical contractor in the Borough.
[Amended 9-10-2018 by Ord. No. 2018-5]
(As to a trailer camp or a trailer court or mobile home park, see Chapter 148, Mobile Home parks.)
A. 
Purpose; findings.
(1) 
It is the purpose of this section and the policy of the Council of the Borough of Lewistown, in order to protect and promote the public health, safety and welfare of its citizens and residents, to establish rights and obligations of owners and occupants relating to the boardinghouses, rooming houses, hotels, tourist cabin courts, motels, bed-and-breakfasts, and online hospitality marketplace rentals in the Borough of Lewistown and to encourage owners and occupants to maintain and improve the quality of such accommodations within the community. In order to provide for the same, this section provides for inspections and issuance of and renewal of permits and establishes penalties for violations of this section. This section shall be liberally construed and applied to promote its purposes and policies. In considering the adoption of this section, the Borough of Lewistown makes the findings set forth immediately hereinafter.
(2) 
The Borough Council of the Borough of Lewistown finds that as the number of boardinghouses, rooming houses, hotels, tourist cabin courts, motels, bed-and-breakfasts, and online hospitality marketplace rentals has increased in the Borough. Some of said accommodations have been permitted to become deteriorated by the owners, some of whom reside at a substantial distance from the Borough, thereby making ordinance and code enforcement more challenging. It is also found that in the Borough there has been an increased incidence of disruptive conduct at said boardinghouses, rooming houses and the like. Further, EMS, fire and police services have been more difficult to deliver to said boardinghouses, rooming houses and the like. It is the purpose of this section to promote the public health, safety and welfare by requiring compliance with Borough codes and ordinances, all so as to promote the health, safety and welfare of the Borough and its citizens and residents.
B. 
Boardinghouses, rooming houses, hotels, tourist cabin courts, motels and the like.
(1) 
Inspection. No person shall operate a boardinghouse, rooming house, hotel, tourist cabin court or motel in the Borough or allow another to occupy any rooming unit in any of the same until the property has been inspected by the Department for compliance with the standards and regulations of the Property Maintenance Code and the Borough Fire Prevention Code in Article II of this chapter and an operations permit has been issued by the Department.
(2) 
General duties and responsibilities. Every person permitted to operate a boardinghouse, rooming house, hotel, tourist cabin court or motel in the Borough and the owners of such properties shall keep and maintain such permitted properties in compliance with all applicable state laws and regulations and local ordinances and to otherwise keep and maintain the same in good condition. The permittees and owners shall be responsible for regularly performing all maintenance and making any and all repairs in and around the premises.
(3) 
Designation of local manager. Every person permitted to operate a boardinghouse, rooming house, hotel, tourist cabin court or motel in the Borough who is not a full-time resident of the Borough of Lewistown, and/or who does not live within 15 miles of the boundary of the Borough of Lewistown, shall designate, in writing, to the Borough of Lewistown, a local manager who shall reside or have an office duly staffed in an area that is within 15 miles from the Borough of Lewistown. If the permittee is a corporation, a local manager shall be required if an officer of the corporation does not reside within the above-referenced area. The corporate officer shall perform the same function as a local manager if the corporate officer resides within said area. If the permittee is a limited liability company, a local manager shall be required if a duly designated manager or member of the limited liability company does not reside within the above-referenced area. The manager of the limited liability company or member, as applicable, shall perform the same function as a local manager if the manager of the limited liability company or member resides within said area. If the permittee is a partnership, a local manager shall be required if a partner does not reside within the above-referenced area. Said partner shall perform the same function as a local manager if the officer resides in said area. The local manager shall be the agent of the permittee for service of process and receiving of notices and demands, as well as for performing the obligations of the permittee under this section. The identity, address and telephone number(s) of a person who is designated as a local manager shall be provided by the permittee to the Borough, and such information shall be kept current and updated as it changes. Every local manager shall designate a natural person as a contact person who shall reside within 15 miles of the boundary of the Borough and who shall be available as an emergency contact person. For purposes of this section, a local manager is defined as a broker licensed pursuant to the Real Estate Licensing and Registration Act, 63 P.S. §§ 455.101 through 455.902, as amended, or an individual who is a W-2 employee of a permittee who will manage or maintain the property. In the case of a nonbroker local manager, the permittee shall produce for inspection at the time of designation proof of federal, state and local tax withholding, to include federal ID number, Pennsylvania withholding ID number, local withholding ID number, Pennsylvania unemployment compensation ID number, proof of workers' compensation insurance, and completed information regarding local service tax payment or exemption.
(4) 
Every person permitted to operate a boardinghouse, rooming house, hotel, tourist cabin court or motel in the Borough shall maintain, for a period of three years, a physical resident register which shows the name, room number, date of arrival and departure of persons staying in each establishment.
(a) 
Every resident shall register. A registering resident shall be required by the permittee to produce a valid driver's license or other identification, satisfactory to the permittee, containing a photograph of the resident and setting forth the name of the resident.
(b) 
The resident register shall be maintained in full view at the permitted premises in the main lobby or inside the main entrance of the property, or at a location readily available to EMS, fire and police personnel and shall be made available to EMS, fire and police personnel upon request. A list of current residents and their room numbers shall be available to EMS, fire and police personnel in a public area of the premises at all times.
(5) 
The application for an operations permit shall be in such form, require the disclosure of such information, and be accompanied by such plot plans and building plans as the Borough or the Department may from time to time prescribe. These plans shall include a distinct number for each room in any structure which is occupied or intended to be occupied by someone other than the owner of the real estate and for which the owner of the said parcel of real estate received or intends to receive any value, including but not limited to money or the exchange of services.
(6) 
Review of application.
(a) 
Within 90 days after the date on which an application for a permit was filed with the Department, the Department shall:
[1] 
Review the application and all accompanying plans which are part of the application;
[2] 
Inspect the property which is the subject of the application for compliance with the standards and regulations of the Property Maintenance Code and the Fire Prevention Code Ordinance and to ascertain that each room which is occupied or intended to be occupied by someone other than the owner of the real estate is clearly marked on the door of said room with a number that corresponds to the number on the plan submitted to the Borough; and
[3] 
Either approve or disapprove the application.
(b) 
In reviewing the application, and in disapproving or approving the application, the Department shall follow the procedures set forth in § 110-13F(2), (3) and (4).
(7) 
The operations permit issued by the Department shall constitute full authority to operate the boardinghouse, rooming house, hotel, tourist cabin court or motel until the expiration date of the permit or the revocation of the permit for cause. However, the operations permit issued by the Department shall not take the place of any certificate, license or permit required by another government agency, and the standards and regulations of the Property Maintenance Code and the Fire Prevention Code Ordinance shall not supersede any applicable provisions, requirements, standards or regulations of other pertinent codes, ordinances, resolutions or regulations of the Borough or the applicable rules or regulations of another government agency.
(8) 
The permit issued by the Department shall not be transferable, and any change in ownership, interest or control of the boardinghouse, rooming house, hotel, tourist cabin court or motel shall require the issuance of a new operations permit.
(9) 
No operations permit shall be issued for a period in excess of one year. All operations permits issued under this section shall uniformly expire on December 31 of each year, and thereafter, a new operations permit for the year (January 1 to December 31) shall be required.
(10) 
The Department or a Department officer shall have the right to revoke an operations permit:
(a) 
For the reasons set forth in § 110-13H;
(b) 
If the property for which the permit has been issued is determined to be unfit for occupancy or use or unsafe; or
(c) 
If the owner or person permitted to operate a boardinghouse, rooming house, hotel, tourist cabin court or motel in the Borough fails to comply with the requirements set forth in this section, including but not limited to provisions related to the appointment of a local manager, the numbering of rooms, or the maintenance of a resident register.
(11) 
A counterpart of the operations permit, or a permit placard issued by the Department, shall be posted in a conspicuous place in the main lobby or inside the main entrance of the property.
(12) 
A permit shall not be issued or renewed until the applicant provides proof that the applicant has complied with the Mifflin County Hotel Room Rental Tax Ordinance. The applicant shall provide proof of payment of said tax for the previous 12 months.
(13) 
A permit shall not be issued until the applicant provides proof that the applicant has provided the Borough of Lewistown with a copy of a Pennsylvania sales tax identification number.
(14) 
Fees.
(a) 
A permit shall not be issued by the Department until the prescribed fees have been paid to the Borough. The fees for the Department's review of an application for a permit, the fees for inspections, and the fee for an operations permit shall be those prescribed by the separate Borough Costs and Fees Schedule adopted by Council.
(b) 
The payment of any fee under this subsection shall not relieve the applicant or the permit holder from the payment of any other fees which may be required under other ordinances, resolutions or regulations of the Borough or under the laws, rules or regulations of another government agency.
C. 
Bed-and-breakfasts, online marketplace rentals and the like.
(1) 
Definitions.
(a) 
For purposes of this section a "bed-and-breakfast" is a dwelling, or that part of a dwelling, in which one or more rooming units are rented by the owner or operator to one or more individuals who generally remain on the premises for not more than seven consecutive days (but which individuals are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator) and in which no dining room or eating place is open to the public or available for the use of the public.
(b) 
For purposes of this section an "online marketplace rental" is a dwelling, or that part of a dwelling, in which one or more rooming units are rented through an online marketplace (such as Airbnb) by the owner or operator to one or more individuals who generally remain on the premises for not more than seven consecutive days (but which individuals are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator) and in which no dining room or eating place is open to the public or available for the use of the public.
(2) 
Inspection. No person shall operate a bed-and-breakfast or online marketplace rental in the Borough or allow another to occupy any rooming unit in any of the same until the property has been inspected by the Department for compliance with the standards and regulations of the Property Maintenance Code and the Borough Fire Prevention Code in Article II of this chapter and an operations permit has been issued by the Department.
(3) 
General duties and responsibilities. Every person permitted to operate a bed-and-breakfast or online marketplace rental in the Borough and the owners of such properties shall keep and maintain such permitted properties in compliance with all applicable state laws and regulations and local ordinances and to otherwise keep and maintain the same in good condition. The permittees and owners shall be responsible for regularly performing all maintenance and making any and all repairs in and around the premises.
(4) 
Every person permitted to operate a bed-and-breakfast or online marketplace rental in the Borough shall maintain, for a period of three years, a physical resident register which shows the name, room number, date of arrival and departure of persons staying in each establishment.
(a) 
Every resident shall register. A registering resident may be required by the permittee to produce a valid driver's license or other identification, satisfactory to the permittee, containing a photograph of the resident and setting forth the name of the resident.
(b) 
The resident register shall be maintained in full view at the permitted premises in the main lobby or inside the main entrance of the property, or at a location readily available to EMS, fire and police personnel and shall be made available to EMS, fire and police personnel upon request. A list of current residents and their room numbers shall be available to EMS, fire and police personnel in a public area of the premises at all times.
(5) 
The application for an operations permit shall be in such form, require the disclosure of such information, and be accompanied by such plot plans and building plans as the Borough or the Department may from time to time prescribe. These plans shall include a distinct number for each room in any structure which is occupied or intended to be occupied by someone other than the owner of the real estate and for which the owner of the said parcel of real estate received or intends to receive any value, including but not limited to money or the exchange of services.
(6) 
Review of application.
(a) 
Within 90 days after the date on which an application for a permit was filed with the Department, the Department shall:
[1] 
Review the application and all accompanying plans which are part of the application;
[2] 
Inspect the property which is the subject of the application for compliance with the standards and regulations of the Property Maintenance Code and the Fire Prevention Code Ordinance and to ascertain that cach room which is occupied or intended to be occupied by someone other than the owner of the real estate is clearly marked on the door of said room with a number that corresponds to the number on the plan submitted to the Borough; and
[3] 
Either approve or disapprove the application.
(b) 
In reviewing the application, and in disapproving or approving the application, the Department shall follow the procedures set forth in § 110-13F(2), (3) and (4).
(7) 
The operations permit issued by the Department shall constitute full authority to operate the bed-and-breakfast or online marketplace rental until the expiration date of the permit or the revocation of the permit for cause. However, the operations permit issued by the Department shall not take the place of any certificate, license or permit required by another government agency, and the standards and regulations of the Property Maintenance Code and the Fire Prevention Code Ordinance shall not supersede any applicable provisions, requirements, standards or regulations of other pertinent codes, ordinances, resolutions or regulations of the Borough or the applicable rules or regulations of another government agency.
(8) 
The permit issued by the Department shall not be transferable, and any change in ownership, interest or control of the bed-and-breakfast or online marketplace rental shall require the issuance of a new operations permit.
(9) 
No operations permit shall be issued for a period in excess of one year. All operations permits issued under this section shall uniformly expire on December 31 of each year, and thereafter, a new operations permit for the year (January 1 to December 31) shall be required.
(10) 
The Department or a Department officer shall have the right to revoke an operations permit:
(a) 
For the reasons set forth in § 110-13H;
(b) 
If the property for which the permit has been issued is determined to be unfit for occupancy or use or unsafe; or
(c) 
If the owner or person permitted to operate a bed-and-breakfast or online marketplace rental in the Borough fails to comply with the requirements set forth in this section, including but not limited to provisions related to the numbering of rooms or the maintenance of a resident register.
(11) 
A counterpart of the operations permit, or a permit placard issued by the Department, shall be posted in a conspicuous place in the main lobby or inside the main entrance of the property.
(12) 
A permit shall not be issued or renewed until the applicant provides proof that the applicant has complied with the Mifflin County Hotel Room Rental Tax Ordinance. The applicant shall provide proof of payment of said tax for the previous 12 months.
(13) 
A permit shall not be issued until the applicant provides proof that the applicant has provided the Borough of Lewistown with a copy of a Pennsylvania sales tax identification number.
(14) 
Fees.
(a) 
A permit shall not be issued by the Department until the prescribed fees have been paid to the Borough. The fees for the Department's review of an application for a permit, the fees for inspections, and the fee for an operations permit shall be those prescribed by the separate Borough Costs and Fees Schedule adopted by Council.
(b) 
The payment of any fee under this subsection shall not relieve the applicant or the permit holder from the payment of any other fees which may be required under other ordinances, resolutions or regulations of the Borough or under the laws, rules or regulations of another government agency.
[Amended 7-10-2006 by Ord. No. 2006-5]
A. 
Any person who believes that the Department or a Department officer has made a requirement, notice, order or decision which incorrectly interprets, administers, applies or enforces a provision, standard or regulation of a code referred to in § 110-2 or this article or in Article II, Fire Prevention Code, of this chapter or which inflicts unnecessary hardship upon that person may appeal that requirement, notice, order or decision to the Board of Building Appeals in the manner, and pursuant to the procedures, provided in Chapter 10, Board of Building Appeals, of the Code of the Borough.
B. 
However, anything herein to the contrary notwithstanding, the Board of Appeals established in accord with Article III, Adoption of Uniform Construction Code, as opposed to the Board of Building Appeals, shall have jurisdiction of appeals relating to the Uniform Construction Code.
A. 
The issuance of a permit under § 110-13; the waiver of insurance coverage under § 110-14; the issuance of a certificate of approval under § 110-15; or the issuance of an operations permit under § 110-16 shall not impose any liability upon the Department, a Department officer or the Borough, or upon any other officer, official, staff member, employee or consultant of the Borough, for any injury or damage suffered or incurred by any person in connection with or arising out of any work done or not done under a permit issued under § 110-13; any work done under § 110-14 by a contractor or owner without insurance coverage; any work or use approved under a certificate of approval issued under § 110-15; or any use or occupancy expressly or impliedly approved under an operations permit issued under § 110-16.
B. 
If the Department or a Department officer acted in good faith and without malice, any act or omission by the Department or the Department officer in the performance of its or his duties or in carrying out its or his responsibilities or in exercising its or his powers shall not impose any liability upon the Department, the Department officer or the Borough, or upon any other officer, official, staff member, employee or consultant of the Borough, for any injury or damage suffered or incurred by any person in connection with or arising out of the act or omission.
A. 
Any person who violates any provision of this article or any provision of a code adopted by this article or who fails to carry out or comply with an order of the Department or a Department officer shall, upon conviction of the offense, be sentenced to pay a fine of not less than $300 nor more than $1,000 plus the amount of any unpaid violation tickets issued pursuant to the Code of Ordinances of the Borough of Lewistown, Chapter 110, Codes, Article I, Building, Plumbing, Electrical and Property Maintenance Codes, § 110-8, Notices and orders, Subsection G, Violation tickets, and the costs of prosecution and, upon failure to pay such fine and costs, to imprisonment for not more than 30 days. For the purposes of the imposition of the fine and costs prescribed by this subsection, the word "person," when applied to partnerships, firms or associations, shall mean the partners or members thereof; when applied to organizations or corporations, the officers thereof; and when applied to other entities, the officers, officials or other individuals responsible for managing the business or affairs of the entity.
[Amended 7-10-2006 by Ord. No. 2006-5; 7-9-2018 by Ord. No. 2018-3]
B. 
Each day that an order of the Department or a Department officer is not complied with shall be deemed to constitute a new or separate offense under Subsection A and subject in all respects to the same penalty as is provided in Subsection A, and a separate prosecution may be instituted and a separate fine imposed for each offense committed after the first offense.
C. 
The imposition of a penalty under this section shall not preclude the Borough from instituting an appropriate action or proceeding to prevent, restrain, correct or abate a violation or any act, conduct, use, occupancy, condition or work which is not permitted by this article or a code adopted by this article, including, but not limited to, the right of the Borough to recover the cost and expense of such correction or abatement, as applicable, by the filing of a municipal claim in the manner provided by law for the collection of municipal claims or by an action in assumpsit (a civil action).
[Amended 7-10-2006 by Ord. No. 2006-5]