[Adopted 4-16-2002 by Ord. No. 1272]
This article shall be known as the "Borough of Avalon Tenant
Fire Safety Inspection Ordinance."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article is adopted pursuant to the Borough Code of the
Commonwealth of Pennsylvania, the Act of February 1, 1966, P.L. 1656
(1965), No. 581, § 1202, as amended, 8 Pa.C.S.A. § 1202
et seq., and the provisions hereof and all sections contained herein
shall be construed as having been adopted in the interests of the
health, safety, and general welfare of the people of the Borough of
Avalon, Allegheny County, Pennsylvania.
The purposes of this article are:
A.
To promote, protect and facilitate the public health, safety and
the general welfare of the community and to protect and to promote
the safety of residential tenants and other inhabitants in the Borough
from fire and the hazards of fire.
B.
To prevent one or more of the following: loss of health, life or
property from fire, explosions, noxious gases and other dangers or
hazards of fire.
C.
To provide protection against fire, explosion and other fire hazards
in the interest of the public health, safety, and general welfare.
D.
To define and limit the powers and duties of the of those officers
and bodies that are assigned responsibilities under this article.
E.
To require prompt fire safety inspections even without a warrant
if emergency conditions exist.
Borough of Avalon Ordinance No. 1262 ordained and enacted into
law on February 15, 2000, as well as all other ordinances or parts
of ordinances conflicting herewith are hereby repealed; however, such
repeal shall not affect any act done or any liability or violation
accrued under any such prior ordinance herein repealed or superseded
and all such liabilities or violations shall continue and may be enforced
in the same manner as if such repeal or supersession had not been
made; and any offense or violation committed and any penalty or forfeiture
incurred under such ordinance herein repealed or superseded may be
prosecuted in the same manner as if this article had not been approved;
excepting only that any refusal to permit a lawful inspection under
Borough Ordinance No. 1262, § 12(C), is repealed in its
entirety and no such violations shall accrue.
In the construction of this article, the rules and definitions
contained in this section shall be observed and applied, except when
the context clearly indicates otherwise:
A.
Words used in the singular shall include the plural, and the plural
the singular.
B.
Words used in the present tense shall include the future tense.
C.
Words used in the masculine gender shall include the feminine and
neuter.
D.
The word "person" includes corporations, associations and partnerships
and other similar entities.
E.
The word "shall" is always mandatory and not discretionary.
F.
The word "may" is permissive.
G.
This article shall be liberally construed to accomplish its purpose
to protect the public's health, safety and welfare.
H.
That the Borough intends to favor the public interest as against
any private interest.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meaning given herein:
Any person who provides written proof that he is authorized
to act on behalf of a property owner.
A part of a house, apartment house or other dwelling occupied
by a tenant, while the rest is occupied by another or others.
A building arranged in several suites of connecting rooms,
each suite designed for independent housekeeping, but with certain
mechanical conveniences such as heat, light, or elevator services
in common to all tenants occupying the building.
The Borough of Avalon.
The Secretary of the Borough of Avalon.
The Building Inspector of the Borough of Avalon.
A building or portion thereof containing or designed to contain
three or more separate dwelling units with or without common access
facilities.
A single unit providing complete, independent living facilities
for one or more tenants, including permanent provisions for living,
sleeping, eating, cooking and sanitation. All rooms comprising a dwelling
unit shall have access through an interior door to other parts of
the dwelling unit.
A critical examination by the Building Inspector to determine
compliance with the 2009 International Fire Code, including means
of egress, general precautions against fire and fire protection systems,
a checklist of which is attached hereto and made a part hereof as
Exhibit A.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A certificate or document issued by the Building Inspector
after conducting a fire safety inspection and granting permission
to a landlord to rent or lease a dwelling unit, a rental unit, a rooming
unit, an apartment, a single-family dwelling, a multiple dwelling
or a townhouse to a tenant.
Any person who either along, jointly or severally, with others
shall have title to any premises or shall have charge, care or control
of the premises as agent for the person holding legal title or as
executor, executrix, administrator, administratrix, trustee or guardian
of the estate of any person holding legal title, or any person selling
under an article of agreement unless said article of agreement has
been properly recorded in the office of the Recorder of Deeds of Allegheny
County, Pennsylvania.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any permissive occupancy by a person or persons of any premises,
regardless of whether or not any charges, fees or other considerations
are made or levied therefor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A person who has charge of a dwelling unit or a rooming unit
in a boarding, lodging or tourist home.
Every person who has a property right in a multifamily dwelling,
apartment house or rooming house and every person who owns, has, keeps,
rents, leases or maintains a multifamily dwelling or rooming house,
including a boarding, lodging or tourist home charging rent to tenants.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
Consideration paid for use or occupation of property. A stated
return or payment for the temporary possession or use of an apartment
or dwelling unit. To get temporary possession and use of an apartment
or dwelling unit in return for a stated payment usually at fixed intervals.
A building other than a multifamily dwelling containing not
more than one dwelling unit occupied by a tenant and providing, for
compensation or other consideration, rooming units for lodging in
addition to the owner.
A room or rooms constituting a separate, independent housekeeping
unit that is physically separated from any other room, dwelling unit,
or rooming unit in the same structure. The rooming unit shall contain
living and sleeping facilities, but not cooking or eating facilities,
and shall be occupied by no more than one family.
Any person who shall inhabit, occupy or possess any premises
owned or controlled by a landlord under a lease, as hereinbefore defined.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Dwelling units attached to each other by party or common
walls, with each unit having individual access and rear common or
private garden orientation.
No person shall rent or lease a dwelling unit, a rental unit,
a rooming unit, an apartment, a single-family dwelling, a multiple
dwelling or a townhouse or a row house in the Borough of Avalon to
any tenant unless he holds a current, unrevoked fire safety rental
operating license issued by the Building Inspector in his or her name,
for the specified dwelling unit, rental unit, rooming unit, single-family
dwelling, multiple dwelling or townhouse.
Every owner, landlord, manager or agent for an owner who rents
or leases any dwelling unit, rental unit, apartment in any multifamily
dwelling, single-family dwelling, or any rooming unit in any rooming
house, including a boardinghouse, lodging or tourist home, in the
Borough of Avalon to any tenant for a period of time in excess of
30 days, shall apply for a fire safety rental operating license and
shall agree to comply with all provisions of the 2009 International
Fire Code duly adopted by the Borough of Avalon. The application form
shall be accompanied by a check or money order payable to the Borough
of Avalon in the specified amount of the fire safety rental operating
license.
[Amended 6-17-2014 by Ord. No. 1357]
A.
Upon application,
all rental units shall be inspected by the Building Inspector for
compliance with the provisions of the Borough's Fire Prevention Code.
All rental units must be inspected and licensed either:
B.
In the
event the Borough Building Inspector refuses to issue a fire safety
operating license, the Building Inspector shall note all fire safety
violations and shall leave with the owner, landlord, manager or agent
for the an owner, and tenant, a copy of any notice of violation.
Prior to the issuance of a fire safety rental operating license,
all violations noted on a notice of violation shall be corrected,
as required. Every fire safety rental operating license shall be issued
for a period of four years, unless sooner revoked.
The following regulations are hereby adopted for the issuance
of fire safety rental operating licenses:
A.
Pennsylvania statutes govern. All matters regulated by the Pennsylvania
Construction Code Act or by any other laws of the Commonwealth of
Pennsylvania or by regulations of departments or agencies of the commonwealth
promulgated by authority of law, as the case may be, shall control
all inspections where the requirements thereof are the same as, or
in excess of, the provisions of the Borough's Fire Prevention Code
duly adopted by the Borough of Avalon.
B.
Inspection mandatory. The Borough Building Inspector shall not issue
a fire safety rental operating license in the Borough of Avalon until
he or she has first inspected the dwelling unit or rooming unit for
the purpose of insuring compliance with the Borough's Fire Prevention
Code and the law.
C.
Inspections to be conducted at reasonable times with prior notice
to residents; display of proper credentials required. All fire safety
inspections under this article shall be conducted at reasonable times
with prior notice to the applicant, owner, landlord, manager, tenant,
or agent for the owner and subject to constitutional restrictions
on unreasonable searches and seizures. Prior to seeking entry to conduct
a fire safety inspection, the Borough Building Inspector shall display
proper credentials which shall have been approved by Borough Council.
D.
Procedure if entry to permit lawful fire inspection is refused. If
entry is not obtained or upon the refusal of an applicant, owner,
landlord, manager, tenant, or agent for an owner applying for a fire
safety rental operating license to permit entry to conduct the fire
safety inspection mandated under this article, the fire safety inspection
shall not be conducted and the Building Inspector is hereby authorized
to pursue recourse as provided by law.
E.
Expiration of permits and renewals.
[Amended 6-17-2014 by Ord. No. 1357]
(2)
A
license may be renewed only by making application as provided in this
article. Applications for renewal should be made a least 30 days prior
to the expiration date and, when made fewer than 30 days before the
expiration date, the pendency of the application will not prevent
the expiration of the license.
F.
Correction of violations required prior to renewal of license. If
the Building Inspector denies renewal of a license, the applicant,
owner, landlord, manager or agent for an owner shall not be issued
a license until all violations noted on the notice of violation are
corrected, as required.
G.
Nonresident applicants. No fire safety rental operating license shall
be issued or renewed to a nonresident applicant unless such applicant
designates, in writing, to the Building Inspector, the name of his
agent for receipt of service of any notice of violation and for service
of process.
A.
If entry to conduct a fire safety inspection under this article is
refused, the Borough Building Inspector is hereby authorized and directed
to apply to an issuing authority having jurisdiction over such rental
unit for an administrative search warrant to enter and to conduct
a fire safety inspection, unless an emergency situation exists which
requires immediate entry.
B.
If an emergency situation exists demanding immediate access to the
rental unit, the Borough Building Inspector may conduct a prompt fire
safety inspection even if entry is refused or even if an administrative
search warrant is not obtained.
A.
An administrative search warrant to enter and conduct a fire safety
inspection may be issued upon probable cause supported by affidavit
if the Building Inspector has reason to believe, based upon a complaint
that a violation exists within the premises to be searched, or, where
an inspection is sought due to the lapse of time since the last inspection,
the nature of the building (e.g., a multifamily apartment house) or
because of conditions in the entire area within which the premises
are located.
B.
An administrative search warrant shall be served by the Building
Inspector between the hours of 6:00 a.m. and 9:00 p.m., and the entry
and inspection shall be conducted within a specified period of time
not to exceed two days from the date of issuance.
C.
A Building Inspector executing the administrative search warrant
shall make reasonable effort to give notice of his or her identity,
authority and purpose to any occupant of the premises specified in
the warrant and shall not make an immediate forcible entry to inspect
unless an emergency situation exists.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The cost of a rental operating license shall be as follows:
(1)
Single-family dwellings, apartments and townhouses with one to three
units: as set by resolution of the Borough Council. Should violations
be present that would endanger the safety and welfare of the inhabitants,
the number of units inspected shall be increased by 25% increments.
There shall be no reinspection fee.
(2)
Single-family dwellings, apartments and townhouses with four or more
units: as set by resolution of the Borough Council. Twenty-five percent
of the total number of units shall be inspected annually. Should violations
be present that would endanger the safety and welfare of the inhabitants,
the number of units inspected shall be increased by 25% increments.
There shall be no reinspection fee.
(3)
Rooming/boarding houses. Annual rental license fee as set by resolution
of the Borough Council. Annual inspection required of 10% of the total
rooms.
B.
A reinspection fee in the amount as set by resolution of the Borough
Council shall be charged if all noted violations are not corrected
and/or if the premises are not violation free and/or if the premises
are not reinspected within 10 business days of the initial inspection.
A.
Any person, partnership or corporation who violates any of the provisions
of this article shall, upon being found liable therefor, pay a fine
of not more than $600, plus court costs and reasonable attorneys’
fees incurred by the Borough in the enforcement proceedings. If the
penalty is not paid, the Borough shall initiate a civil action for
collection in accordance with the Pennsylvania Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense, and
each section of this article that is violated shall also constitute
a separate offense. In addition to or in lieu of enforcement under
this section, the Borough may enforce this article in equity in the
Court of Common Pleas of Allegheny County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
A person, partnership or corporation who refuses to permit a Borough
Building Inspector to have access or to gain entry to any premises
specified in an administrative search warrant to conduct a fire safety
inspection shall, upon being found liable therefor, pay a fine of
not more than $600, plus court costs and reasonable attorneys’
fees incurred by the Borough in the enforcement proceedings. If the
penalty is not paid, the Borough shall initiate a civil action for
collection in accordance with the Pennsylvania Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Nothing contained herein shall be deemed to preclude the Borough
to seek other relief or avail itself of any remedy that may be at
law or in equity to prevent continuing violations of the terms of
this article.
No provision of this article shall prevent the Borough from
instituting proceedings and seeking relief in the courts of equity
of the Commonwealth if the Borough shall deem such action necessary
to abate any violation of this article which constitutes a public
nuisance.
Any person aggrieved by an adjudication hereunder and who has
a direct interest in such adjudication may appeal to the court vested
with jurisdiction of such appeals as provided by the Pennsylvania
Local Agency Law, 2 Pa.C.S.A. § 752.
The Borough Manager shall file an exact copy of this article
with the Department of Community and Economic Development together
with the name, position and phone number of the Building Inspector
responsible for compliance with this article.
