[Ord. 409, 7/12/2004, § 1]
The Borough Council of the Borough of New Oxford hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103, as amended from time to time, and its regulations.
[Ord. 409, 7/12/2004, § 2]
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401 through 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of the Borough of New Oxford.
[Ord. 409, 7/12/2004, § 3]
1. 
Administration and enforcement of the Code within the Borough of New Oxford shall be undertaken in any of the following ways as determined by the Borough Council of the Borough of New Oxford from time to time by resolution:
A. 
By the designation of an employee of the Borough of New Oxford to serve as the Borough code official to act on behalf of the Borough of New Oxford;
B. 
By the retention of one or more construction code officials or third-party agencies to act on behalf of the Borough of New Oxford;
C. 
By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement;
D. 
By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of the Borough of New Oxford;
E. 
By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections, and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.
[Ord. 409, 7/12/2004, § 4]
A Board of Appeals shall be established by resolution of the Borough Council of the Borough of New Oxford in conformity with the requirements of the relevant provisions of the Code, as amended from time to time, and for the purposes set forth therein. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, the Board of Appeals shall be established by joint action of the participating municipalities.
[Ord. 409, 7/12/2004, § 5]
1. 
All building code ordinances or portions of ordinances which were adopted by the Borough Council of the Borough of New Oxford on or before July 1, 1999, and which equal or exceed the requirements of the Code shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the Code, as amended from time to time;
2. 
All building code ordinances or portions of ordinances which are in effect as of the effective date of this Part and whose requirements are less than the minimum requirements of the Code are hereby amended to conform with the comparable provisions of the Code;
3. 
All relevant ordinances, regulations and policies of the Borough of New Oxford not governed by the Code shall remain in full force and effect.
[Ord. 409, 7/12/2004, § 6]
Fees assessable by the Borough of New Oxford for the administration and enforcement undertaken pursuant to this Part and the Code shall be established by the Borough Council of the Borough of New Oxford by resolution from time to time.
[Ord. 459, 12/5/2016]
A certain document, three copies of which are on file in the office of the Borough of New Oxford, being marked and designated as the International Property Maintenance Code, 2015 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of New Oxford, Adams County, Pennsylvania, for the purposes of regulating and governing the conditions and maintenance of all property, buildings and structures within the Borough of New Oxford; 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 the condemnation of buildings and structures unfit for human occupancy and use; and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, the conditions and the terms of said Property Maintenance Code are on file in the office of the Borough of New Oxford and are hereby referred to, adopted, and made a part hereof, as if more fully set forth in this Part 2, with the additions, variations, insertions, deletions, revisions and changes, if any, set forth herein below.
[Ord. 459, 12/5/2016]
1. 
The Property Maintenance Code hereby enacted and adopted is amended as follows:
A. 
Whenever the term "name of jurisdiction" or "jurisdiction" is used in this code, it shall be held to mean the Borough of New Oxford, Adams County, Pennsylvania;
B. 
Whenever the term "legal officer," "legal representative" or "legal counsel" is used in this code, it shall be held to mean the solicitor of the Borough of New Oxford, Adams County, Pennsylvania, appointed pursuant to Section 1116 of the Borough Code (8 Pa.C.S.A. § 1116).
C. 
Whenever the term "Board of Appeals" or "Appeals Board" is used in this code, it shall be held to mean the Property Maintenance Code Board of Appeals of the Borough of New Oxford.
D. 
The title of Section 103 is hereby amended to read as follows:
SECTION 103
CODE ENFORCEMENT/CODE OFFICIAL
E. 
Section 103.1 is hereby amended to read as follows:
103.1 General. The Borough of New Oxford Code Enforcement Officer or the company or firm employed by the Borough Council of the Borough of New Oxford to perform and provide code enforcement services shall oversee the enforcement of this code.
F. 
Section 103.2 is hereby amended to read as follows:
103.2 Code official. The Borough of New Oxford Code Enforcement Officer or a designated individual from the company or firm employed by the Borough Council of the Borough of New Oxford to perform and provide code enforcement services shall be the code official charged with the enforcement of this code.
G. 
Section 103.3 is hereby amended to read as follows:
103.3 Deputies. During temporary absence or disability of the code official, the Borough Secretary/Treasurer of the Borough of New Oxford, or such designated employee or agent, shall serve as acting code official.
H. 
Section 103.5 is hereby amended to read as follows:
103.5 Fees. The fees for activities and services performed by the Borough of New Oxford in carrying out its responsibilities under this code shall be paid in accordance with a schedule of fees, established from time to time by resolution of the Borough Council of the Borough of New Oxford.
I. 
Section 106.4 is hereby amended to read as follows:
106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith or with any of the requirements thereof, shall be subject to criminal action in the same manner provided for in enforcement of summary offenses and, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and the costs of prosecution, including reasonable attorney's fees incurred and the Borough's reasonable costs incurred in code enforcement. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
J. 
Section 111 is hereby amended to read as follows:
SECTION 111
MEANS OF APPEAL
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 appeal 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 the requirements of this code are adequately satisfied by other means.
111.2. Membership of Board of Appeals. The Board of Appeals shall consist of not fewer than three residents of the Borough of New Oxford who are qualified by experience and training to pass on matters pertaining to property maintenance. The members of the Board of Appeals shall hold no other elected or appointed office in the Borough of New Oxford, nor shall any member be an employee of the Borough of New Oxford. The code official shall be an ex officio member but shall have no vote on any matter before the Board of Appeals. The members of the Board of Appeals shall be appointed by resolution of the Borough Council of the Borough of New Oxford and shall serve staggered and overlapping terms.
111.2.1. Alternate members. The Borough Council of the Borough of New Oxford may appoint at least one but no more than three residents of the Borough of New Oxford as alternate members who shall be called by the Board Chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership.
111.2.2. Chairperson. The Board of Appeals shall annually select one of its members to serve as Chairperson.
111.2.3. Disqualification of member. A member of the Board of Appeals shall not hear an appeal in which that member has a personal, professional or financial interest.
111.2.4. Secretary. The Board of Appeals shall select one of its members to serve as Secretary of the Board of Appeals. The secretary shall keep and prepare a detailed record and written minutes of all proceedings and shall file the same with the Secretary of the Borough of New Oxford.
111.2.5. Compensation of members. Members of the Board of Appeals shall serve without compensation.
111.3. Notice of meeting. The Board of Appeals shall meet upon notice issued by the Secretary of the Borough of New Oxford within 60 days of the filing of an appeal or at stated periodic meetings.
111.4. Open hearing. Hearings before the Board of Appeals shall be open to the public and shall be subject to the provisions of the Sunshine Act, 65 Pa.C.S.A. §§ 701 to 716. The appellant, the appellant's legal representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of a minimum of the majority of the Board membership. The Board of Appeals may hold executive sessions in order to conduct quasi-judicial deliberations consistent with the provisions of the Sunshine Act.
111.4.1. Procedure. The Board of Appeals shall conduct hearings in accordance with the Local Agency Law, 2 Pa.C.S.A. §§ 551 to 555.
111.5. Postponed hearing: deleted.
111.6. Board decision. The Board of Appeals shall modify or reverse the decision of the code official only by vote of a majority of the Board members present. Any decision of the Board of Appeals shall be made and entered at a meeting open to the public and held consistent with the provisions of the Sunshine Act.
111.6.1. Records and Decision. The hearing and proceedings of the Board of Appeals shall be stenographically recorded. A written adjudication of the Board of Appeals shall be entered by the Board and shall be subsequently served upon the appellant, the code official, and the Borough Secretary of the Borough of New Oxford.
111.6.2. Administration: (deleted.)
111.7. Court review. Any person with standing to do so, whether or not a previous party of the appeal, shall have the right to appeal to the Court of Common Pleas of Adams County, Pennsylvania, for an error of law or an abuse of discretion of the Board of Appeals. Any appeal of a decision of the Board of Appeals must be made within 30 days of the issuance and service of the decision.
111.8. Stays of enforcement. Appeals of notice and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Board of Appeals.
K. 
Section 112.4. is hereby amended to read as follows:
112.4. Failure to comply. Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than $1,000.
L. 
Section 302.4 is hereby amended to read as follows:
302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight inches. All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens.
Upon failure of the owner, occupant or agent having charge of a property to cut and destroy weeds after service of a notice of violation, such person shall be subject to prosecution in accordance with Section 106.3 of this code. Upon failure to comply with the notice of violation, the code official, or any authorized employee or agent of the Borough of New Oxford, shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner, occupant or agent responsible for the property.
M. 
Section 302.7 is hereby amended to read as follows:
302.7 Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. All accessory structures designed for door attachments shall have doors attached and maintained in a properly working condition.
N. 
Section 302.8 is hereby amended to read as follows:
302.8 Motor vehicles. Refer to Chapter 10, Part 2C and Part 5, of the Code of Ordinances of the Borough of New Oxford, which provide for the regulation of storage of abandoned motor vehicles and motor vehicle nuisances.
O. 
Section 304.3 is hereby amended to read as follows:
304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Numbers shall be placed in a conspicuous place on or over each front door, on the front transom glass or front show window, or over or on either side of the entrance.
P. 
Section 304.14 is hereby amended to read as follows:
304.14 Insect screens. During the period from May 1 to October 31, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition. Insect screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
Q. 
Section 308.1 is hereby amended to read as follows:
308.1 Accumulation of rubbish or garbage. It shall be unlawful for any person to accumulate or cause or permit the accumulation of garbage, refuse or rubbish on any property or premises within the Borough of New Oxford to include such accumulation within the interior of any structure or improvement which is located on any such property or premises.
R. 
Section 309.4 is hereby amended to read as follows:
309.4 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination of any insect and rodent infestation in the public or shared areas of the structure and exterior property. If the insect and rodent infestation is caused by a failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination. Whenever insect and rodent infestation exists in two or more of the dwelling units in any dwelling, extermination shall be the responsibility of the owner.
S. 
Section 310 shall be added as follows:
SECTION 310
CARBON MONOXIDE DETECTORS
310 Carbon Monoxide Detectors. A carbon monoxide detector shall be required in each dwelling unit where the dwelling structure contains fuel-fired appliances or an attached garage.
T. 
Section 404.4.1 is hereby amended to read as follows:
404.4.1 Room area. Every living room shall contain not less than 120 square feet (11.2 m2), and every bedroom shall contain not less than 70 square feet (6.5 m2) of floor area, and every bedroom occupied by more than one person shall contain not less than 50 square feet of floor space for each occupant thereof.
U. 
Section 404.5 is hereby amended to read as follows:
404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5.
Table 404.5
Minimum Area Requirements
(minimum area in square feet)
Space
1 to 2 occupants
3 to 5 occupants
6 or more occupants
Living room (a, b)
120
120
150
Dining room (a, b)
No requirements
80
100
Kitchen (b)
50
50
60
Bedrooms
Shall comply with Section 404.4
Shall comply with Section 404.4
Shall comply with Section 404.4
For SI: 1 square foot = 0.0929 m2.
(a)
See Section 404.5.2 for combined living room/dining room spaces.
(b)
See Section 404.5.1 for limitations on determining minimum occupancy area for sleeping purposes.
V. 
Section 505.1 is hereby amended to read as follows:
505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to the public water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code.
W. 
Section 506.1 is hereby amended to read as follows:
506.1 General. Plumbing fixtures shall be properly connected to the public sewer system.
X. 
Section 602.3 is hereby amended to read as follows:
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from November 1 to March 31 to maintain a temperature of not less than 68° F. (20° C.) in all habitable rooms, bathrooms, and toilet rooms.
Y. 
Section 602.4 is hereby amended to read as follows:
602.4 Occupiable work space. Indoor occupiable work spaces shall be supplied with heat during the period from November 1 to March 31 to maintain a minimum temperature of 65° F. (18° C.) during the period the spaces are occupied.
Exceptions:
1. Processing, storage and operation areas that require cooling or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
Z. 
Section 604.2 is hereby amended to read as follows:
604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the ICC Electrical Code. Dwelling units shall be served by a three-wire, 120/240-volt, single-phase electrical service. Ungrounded service conductors shall have an ampere capacity of not less than the load served. For one-family dwellings, the ampere capacity of the ungrounded conductors shall be not less than 100 amperes, three wire. For multifamily dwellings, the ampere capacity of the ungrounded conductors shall be not less than 50 amperes for each dwelling unit.
AA. 
Section 704.2.1.2 is hereby amended to read as follows:
704.2.1.2 Groups R-2, R-3, R-4 and I-1. Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and I-1 regardless of occupant load at all of the following locations:
1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
2. In each room used for sleeping purposes.
3. In each story within a dwelling unit, including basements, but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the lower level, provided that the lower level is less than one full story below the upper level.
4. At the upper level of every common open stairway.
BB. 
Section 704.3 is hereby added as follows:
704.3 Fire extinguishers. All portable fire extinguishers shall be visible, provided with ready access thereto, and maintained in an efficient and safe operating condition. Each dwelling unit shall have a fire extinguisher of a ten-pound minimum size, of the ABC type, with current inspection tag attached.
[Ord. 459, 12/5/2016]
In all matters that are regulated by the laws of the Commonwealth of Pennsylvania or by regulations of departments or agencies of the Commonwealth of Pennsylvania promulgated by authority of law, such laws or regulations, as the case may be, shall control where the requirements thereof are the same as or in excess of the provisions of this Part 2. The Code shall control in all cases where the state requirements are not as strict as those contained in this Part.
[Ord. 459, 12/5/2016]
The provisions of this Part 2 so far as they are the same as those of ordinances and/or codes in force immediately prior to the enactment of this Part 2, are intended as a continuation of such ordinances and codes and not as new enactments. The provisions of this Part 2 shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense under the authority of any repealed ordinances.
[Ord. 459, 12/5/2016]
This ordinance shall take effect following its enactment commencing on January 1, 2017.