[HISTORY: Adopted by the Mayor and Town Council
of the Borough of Chambersburg 2-26-2002 by Ord. No. 2002-2.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 109.
Fire prevention — See Ch. 150.
Health and sanitation — See Ch. 168.
Sewers and sewage disposal — See Ch. 242.
Solid waste — See Ch. 248.
Trailer coaches — See Ch. 274.
[1]
Editor's Note: This ordinance also repealed
former Ch. 221, Property Maintenance, adopted 2-25-1998 by Ord. No.
98-2, as amended.
In an effort to establish a minimum standard
to ensure that structures located within the Borough of Chambersburg
are safe, sanitary and fit for human occupation and use, the Borough
of Chambersburg finds it to be desirable and in the public interest
to adopt the International Property Maintenance Code as successor
to the Building Officials and Code Administrators International, Inc.
(BOCA) National Property Maintenance Code to provide a property maintenance
standard for the Borough of Chambersburg.
[Amended 1-22-2018 by Ord. No. 2018-02; 10-8-2018 by Ord. No. 2018-11]
The 2015 Edition of the International Property Maintenance Code shall remain the effective Property Maintenance Code in the Borough of Chambersburg for the regulation of all matters concerning the maintenance of buildings and structures within the Borough, except as revised by or supplemented by the provisions of § 221-4 herein following.
In the event that any provision of the International
Property Maintenance Code is inconsistent with the provisions of any
other code in effect in the Borough of Chambersburg, the ordinance
provision applying the more strict standard shall apply.
The International Property Maintenance Code,
2000 Edition and all subsequent revisions correspondingly, is hereby
amended and revised in the following respects:
A.
Any reference in this Code to "municipality", "chief
appointing authority" and/or "jurisdiction" shall be a reference to
the Borough of Chambersburg.
B.
Reference to the "chief administrative officer" shall
be reference to the Borough Manager of the Borough of Chambersburg.
C.
Reference to the "code official" shall be reference
to the Borough of Chambersburg Property Maintenance Code Officer or
other designee of the Borough of Chambersburg.
D.
In Section 101.1 (page 1, second line), insert "Borough
of Chambersburg."
E.
Section 103.5 on page 2 entitled "Fees" shall be deleted.
[Amended 5-23-2016 by Ord. No. 2016-05]
F.
Section 104.6 (page 2) shall be amended to read as
follows:
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104.6 Department records. An official
record shall be kept of all business and activities relating to the
administration of this code, and all such records shall be open to
inspection by the owner of the property subject to the administrative
action as well as any occupant of the premises. The availability of
such records to others shall be in accord with the Pennsylvania Right
To Know Law, 65 P.S. § 66.2, 1957 P.L. 390, as from time
to time amended. Until such time as a decision of the Code Enforcement
Officer is appealed, said officer shall keep confidential all evidence
which he may discover or obtain in the course of an investigation
made pursuant to the administration of this code, and such evidence
shall be considered privileged. Evidence so obtained shall not be
disclosed except as may be necessary in the judgment of the Code Enforcement
Officer for the proper and effective administration and enforcement
of the provisions of this chapter and the rules and regulations issued
pursuant thereto and shall not otherwise be admissible in any judicial
proceeding without the consent of the owner, occupant or other person
in charge of the premises subject to the administrative action.
[Amended 5-23-2016 by Ord. No. 2016-05] |
G.
Section 106.4 (page 3) shall be amended to read as
follows:
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106.4 Penalty. Any person who shall
violate a provision of this code shall, upon conviction thereof, be
subject to a fine of not less than $150 nor more than $300 at the
discretion of the court. Each day a violation continues after due
notice has been served shall be deemed a separate offense except as
is otherwise provided in Section 106.4
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H.
Section 106.0 shall be amended by adding at the end
thereof new Section 106.6 to read as follows:
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106.6 Automatic stay. An appeal
from a decision of the code official, or from a citation, notice or
order issued under this code, shall act as an automatic stay of the
decision, citation, notice or order appealed. The stay provided in
this section shall remain in effect during the pendency of the appeal
before the Board of Appeals and during the pendency of any subsequent
appeals from the Board of Appeals' decision to the courts of this
commonwealth. Each day any appeal to the Board of Appeals or the courts
of this commonwealth remains pending shall not count as a separate
offense for purposes of determining the amount of penalty due for
a violation of this code under Section 106.4.
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Once all appeals have been finally determined
and a person has then been given a reasonable opportunity to comply
with the decision, citation, notice or order appealed, then each day
subsequent to that time that a violation continues shall be considered
a separate offense for purposes of Section 106.4.
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J.
Section 107.0 is hereby revised by adding thereto
a new Section 107.7 to read as follows:
[Amended 8-8-2005 by Ord. No. 2005-11]
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107.7 Repeated violations. In the
instance of repeated violations of the same section of this code,
prosecution may be commenced without additional prior notice to the
person or persons repeating the violation. A person shall be considered
to be repeating a violation if that person is found to be in violation
of a section of this code for the same or similar offense for which
the person was cited in the immediately preceding one-hundred-eighty-day
period. The one-hundred-eighty-day period shall begin from the date
of inspection for curing the previous violation.
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K.
Section 111.1 is reworded to read as follows:
[Added 5-23-2016 by Ord.
No. 2016-05[2]]
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111.1 Application for appeal. Any person directly
affected by a decision of the Code Official or a notice or order issued
under this code shall have the right to appeal to the Board of Appeals,
provided that a written application for appeals is filed within 30
days after the day the decision, notice or order was served. An application
for appeal shall be based on a claim that the true intent of this
code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply, or requirements
of this code are adequately satisfied by other means.
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L.
Section 111.2 (page 5) shall be reworded as follows:
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111.2 Membership of the Board.
The Board of Appeals shall consist of three members appointed by the
chief appointing authority, with the initial appointment to be one
member to serve for three years, one member to serve for two years
and one member for one year. Thereafter, each new member shall serve
for three years or until a successor has been appointed. The Borough
of Chambersburg Building Code Board of Appeals shall hear appeals
under this chapter. In appointing members to the Chambersburg Building
Code Board of Appeals as the term for each of the current members
expires, the borough shall make every effort to appoint members who
meet the following qualifications:
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1.
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One member should be a registered design professional
that is a registered architect, or a building or superintendent of
building construction with experience as the person responsible for
directing construction activities.
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2.
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One member should be a registered design professional
with electrical engineering experience, or an electrical contractor
with experience as the person responsible for directing construction
activities.
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3.
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One member should be a registered design professional
with fire-protection engineering experience, or a fire-protection
contractor with experience as the person responsible for directing
construction activities.
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M.
Section 111.2.1 (page 5) shall be revised to note
that alternate members of the Board shall be appointed for three years
or until a successor has been appointed.
N.
Section 111.7 (page 5) shall be revised to read as
follows:
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111.7 Court review. Any person
aggrieved by the final decision of the Board of Appeals may obtain
judicial review by filing with the Court of Common Pleas of the 39th
Judicial District, Franklin County Branch, within 30 days of the announcement
of such decision, a petition praying that the decision be set aside
in whole or in part. A copy of each petition so filed shall be forthwith
transmitted to the Board of Appeals, which shall file in court a record
of the proceedings upon which it based its decision. Upon the filing
of such record, the court shall affirm, modify or vacate the decision
complained of in whole or in part. The findings of the Board of Appeals
with respect to questions of fact shall be sustained if supported
by substantial evidence on the record, considered as a whole.
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O.
Section 302.8 (page 10) shall be revised to read as
follows:
[Amended 9-18-2023 by Ord. No. 2023-17]
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302.8 Motor vehicles. Except as provided for in other regulations,
no currently unlicensed or uninspected motor vehicle, nor any vehicle
in a major state of disassembly or disrepair, or in the process of
being stripped or dismantled, shall be parked, kept or stored outside
of any permanent structure on any premises, unless such use is authorized
as a permitted use, evidenced by necessary permits issued by the Borough.
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P.
In Section 304.14 (page 13, first line), insert "May
1 to October 1."
[Amended 5-23-2016 by Ord. No. 2016-05]
Q.
Chapter 3, Section 309, of the International Property Maintenance
Code, as in effect in the Borough of Chambersburg, is revised to read
as follows:
[Added 5-23-2016 by Ord.
No. 2016-05]
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SECTION 309
PEST ELIMINATION
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309.1 Infestation. Structures shall be kept free
from insect and rodent infestation. Structures in which insects or
rodents are found shall be promptly exterminated by approved process
that will not be injurious to human health. After pest elimination,
proper precaution shall be taken to prevent reinfestation.
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309.2 Responsibility for pest control. The owner
of any premises within the Borough is responsible for pest control
and elimination on the premises, including within any structure on
the premises.
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NOTE: The provisions of Section 309.3 through 309.5
of the International Property Maintenance Code of 2015 are repealed.
It is intended that the above provisions shall supersede language
similar to Sections 309.3 through 309.5 in any successive International
Property Maintenance Code revisions.
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R.
In Section 602.3 (page 21, fifth line), insert "January
1 to December 31."
[Amended 5-23-2016 by Ord. No. 2016-05]
S.
In Section 602.4 (page 21, third line), insert "January
1 to December 31,"
[Amended 5-23-2016 by Ord. No. 2016-05]
T.
Delete from the provisions of the International Property Maintenance Code Section 302.4, entitled "Weeds," with the intent that all Borough criteria relating to the cutting of brush, grass and weeds shall henceforth be established under Chapter 109 of the Code of the Borough.
[Added 5-12-2008 by Ord. No. 2008-06]
U.
Chapter 7 of the International Property Maintenance Code, as in effect in the Borough of Chambersburg, is revised by adding a new Section 704.3 to provide as follows:
[Added 5-23-2016 by Ord.
No. 2016-05]
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704.3 Responsibilities for installation and maintenance.
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704.3.1 Owner responsibilities.
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(i)
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Provide and install smoke alarms as otherwise provided in this Chapter 7 in all properties offered for lease or rental.
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(ii)
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Replace any approved smoke alarm that has been stolen, removed,
found missing or rendered inoperable during a prior occupancy of the
rental property and which has not been replaced by the prior occupant
before commencement of a new occupancy of the rental property.
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(iii)
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Ensure that the batteries in each approved smoke alarm are in
operating condition at the time the new occupant takes residence in
the rental property.
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(iv)
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Except as provided in Subsections (i), (ii) and (iii) above, the owner of a dwelling used for rental purposes is not responsible for the maintenance, repair or replacement of an approved smoke alarm or the care and replacement of batteries while the building is occupied. Responsibility for maintenance and repair of smoke alarms shall revert to the owner of the building upon vacancy of the rental property.
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704.3.2 Occupant responsibilities. The occupant
of each dwelling used for rental purposes in which an operational
and approved smoke alarm has been provided must:
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(i)
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Keep and maintain the device in good repair.
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(ii)
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Test the device.
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(iii)
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Replace batteries as needed.
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(iv)
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Replace any device that is stolen, removed, missing or rendered
inoperable during the occupancy of the building.
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(v)
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Notify the owner or the authorized agent of the owner, in writing,
of any deficiencies pertaining to the approved smoke alarm.
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Nothing in this chapter or in the Property Maintenance
Code hereby adopted shall be construed to affect any suit or proceeding
impending in any court or any rights acquired or liability incurred
or any cause or causes of action acquired or existing under any act
or ordinance hereby revised or affected by this chapter, nor shall
any just or legal right or remedy of any character be lost, impaired
or affected by this chapter.
[Added 6-10-2013 by Ord. No. 2013-09[1]]
In the event that violations of any of the various fire prevention,
building, housing, property maintenance, electrical and/or plumbing
codes in effect in the Borough of Chambersburg are found during an
initial inspection of a premises, the record owner of the property
shall be advised in writing of the deficiencies, which notice shall
specify a reasonable time within which to correct the noted deficiencies.
After the allotted time has expired, the Borough will cause there
to be a follow-up inspection to verify that the required corrections
have been accomplished. If the deficiencies have been corrected, no
fee will be assessed against the property or the property owner, either
for the initial inspection or the first follow-up inspection. However,
in the event that the necessary corrections have not been made by
the time of the first follow-up inspection and additional inspection
visits to the property are required, there shall be assessed against
the property owner a fee as set forth in the Borough's Master Fee
Schedule[2] for each visit after the first follow-up inspection. Any fee so assessed shall be a lien against the property and may be entered thus as a municipal claim. It is intended that the fees here established relate to inspections other than those accomplished as part of the systematic inspection program under Chapter 236 of the Code of the Borough and will be applicable whether or not the property is used as a rental property.
[Added 5-23-2016 by Ord.
No. 2016-05]
A.
APARTMENT
APPROVED CARBON MONOXIDE ALARM
(1)
(2)
(a)
[1]
[2]
(b)
(3)
FOSSIL FUEL
INSTALLED
MULTIFAMILY DWELLING
OPERATIONAL
Definitions. The following words and phrases, when used in this section,
shall have the meanings given in this section unless the context clearly
indicates otherwise:
A room or suite of two or more rooms, occupied or leased
for occupation, or intended or designed to be occupied, as a domicile.
The term includes:
A single- or multiple-station carbon monoxide alarm listed as
complying with the approved American National Standard for Single
and Multiple Station Carbon Monoxide Alarms (ANSI/UL2034) or a carbon
monoxide detector listed as complying with the approved American National
Standard for Gas and Vapor Detectors and Sensors (ANSI/UL2075) installed
in accordance with PA Act 121 of 2013.[1]
A device that may be combined with a smoke alarm or smoke detector
if the combined smoke alarm or detector meets all of the following:
Complies with either of the following:
The approved American National Standard for Single and Multiple
Station Carbon Monoxide Alarms (ANSI/UL2034) for carbon monoxide alarms,
and the approved American National Standard for Single and Multiple
State Smoke Alarms (ANSI/UL217) for smoke alarms.
The approved American National Standard for Gas and Vapor Detectors
and Sensors (ANSI/UL2075) for carbon monoxide detectors and the approved
American National Standard for Safety for Smoke Detectors for Fire
Alarm Systems (ANSI/UL268) for smoke detectors.
Emits an alarm in a manner that clearly differentiates between
detecting the presence of carbon monoxide and the presence of smoke.
A carbon monoxide detection system that includes carbon monoxide
detectors and audible notification appliances that are installed and
maintained in accordance with the National Fire Alarm and Signaling
Code (NFPA 72) and the Standard for the Installation of Carbon Monoxide
(CO) Detection and Warning Equipment (NEPA 720) and are in compliance
with the approved American National Standard for Gas and Vapor Detectors
and Sensors (ANSI/UL2075).
Coal, kerosene, oil, wood, fuel gases and other petroleum
or hydrocarbon products which emit carbon monoxide as a by-product
of combustion.
A carbon monoxide alarm that is hardwired into the electrical
wiring, directly plugged into an electrical outlet with a switch,
other than a circuit breaker, or, if the alarm is battery powered,
attached to a wall or ceiling of a residential building, an apartment
or a multifamily dwelling, in accordance with the Standard for Installation
of Carbon Monoxide (CO) Detection and Warning Equipment (NEPA720).
Any house or building, or portion thereof, that is intended
or designed to be occupied or leased for occupation or occupied as
a home or residence for three or more households living in separate
apartments and doing their cooking on the premises.
Working and in service.
[1]
Editor's Note: See 35 P.S. § 7221 et seq.
B.
Residential building. Detached one-family and two-family dwellings
and multiple single-family dwellings with a separate means of egress,
which includes accessory structures. Each residential building which
uses a fossil-fuel-burning heater or appliance, fireplace or an attached
garage must have an operational, centrally located and approved carbon
monoxide alarm in the vicinity of the bedrooms and fossil-fuel-burning
heater or fireplace.
C.
Multifamily dwellings. Each apartment in a multifamily dwelling which
uses a fossil-fuel-burning heater appliance, fireplace or an attached
garage must have an operational, centrally located and approved carbon
monoxide alarm installed in the vicinity of the bedrooms and the fossil-fuel-burning
heater or fireplace.
D.
Carbon monoxide alarm responsibilities in rental properties.
(1)
Owner responsibilities. The owner of a dwelling having a fossil-fuel-burning
heater appliance, fireplace or an attached garage used for rental
purposes and required to be equipped with one or more approved carbon
monoxide alarms shall:
(a)
Provide and install an operational, centrally located and approved
carbon monoxide alarm in the vicinity of the bedrooms and the fossil-fuel-burning
heater or fireplace.
(b)
Replace, in accordance with this section, any approved carbon
monoxide alarm that has been stolen, removed, found missing or rendered
inoperable during a prior occupancy of the rental property and which
has not been replaced by the prior occupant before commencement of
a new occupancy of the rental property.
(c)
Ensure that the batteries in each approved carbon monoxide alarm
are in operating condition at the time the new occupant takes residence
in the rental property.
(d)
Maintenance, repair or replacement. Except as provided in Subsection D(1) above, the owner of a dwelling used for rental purposes is not responsible for the maintenance, repair or replacement of an approved carbon monoxide alarm or the care and replacement of batteries while the building is occupied. Responsibility for maintenance and repair of carbon monoxide alarms shall revert to the owner of the building upon vacancy of the rental property.
(2)
Occupant responsibilities. The occupant of each dwelling used for
rental purposes in which an operational and approved carbon monoxide
alarm has been provided must:
(a)
Keep and maintain the device in good repair.
(b)
Test the device.
(c)
Replace batteries as needed.
(d)
Replace any device that is stolen, removed, missing or rendered
inoperable during the occupancy of the building.
(e)
Notify the owner or the authorized agent of the owner, in writing,
of any deficiencies pertaining to the carbon monoxide alarm.
