[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:
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SECTION 103
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CODE ENFORCEMENT/CODE OFFICIAL
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E.
Section 103.1 is hereby amended to read as follows:
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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.
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F.
Section 103.2 is hereby amended to read as follows:
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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.
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G.
Section 103.3 is hereby amended to read as follows:
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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.
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H.
Section 103.5 is hereby amended to read as follows:
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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.
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I.
Section 106.4 is hereby amended to read as follows:
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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.
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J.
Section 111 is hereby amended to read as follows:
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SECTION 111
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MEANS OF APPEAL
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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 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.
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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.
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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.
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111.2.2. Chairperson. The Board of Appeals shall
annually select one of its members to serve as Chairperson.
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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.
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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.
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111.2.5. Compensation of members. Members of the
Board of Appeals shall serve without compensation.
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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.
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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.
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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.
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111.5. Postponed hearing: deleted.
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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.
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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.
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111.6.2. Administration: (deleted.)
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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.
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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.
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K.
Section 112.4. is hereby amended to read as follows:
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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.
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L.
Section 302.4 is hereby amended to read as follows:
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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.
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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.
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M.
Section 302.7 is hereby amended to read as follows:
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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.
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O.
Section 304.3 is hereby amended to read as follows:
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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.
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P.
Section 304.14 is hereby amended to read as follows:
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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.
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Q.
Section 308.1 is hereby amended to read as follows:
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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.
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R.
Section 309.4 is hereby amended to read as follows:
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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.
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S.
Section 310 shall be added as follows:
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SECTION 310
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CARBON MONOXIDE DETECTORS
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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.
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T.
Section 404.4.1 is hereby amended to read as follows:
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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.
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U.
Section 404.5 is hereby amended to read as follows:
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404.5 Overcrowding. Dwelling units shall not be
occupied by more occupants than permitted by the minimum area requirements
of Table 404.5.
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Table 404.5
Minimum Area Requirements
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(minimum area in square feet)
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Space
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1 to 2 occupants
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3 to 5 occupants
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6 or more occupants
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Living room (a, b)
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120
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120
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150
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Dining room (a, b)
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No requirements
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80
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100
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Kitchen (b)
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50
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50
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60
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Bedrooms
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Shall comply with Section 404.4
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Shall comply with Section 404.4
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Shall comply with Section 404.4
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For SI: 1 square foot = 0.0929 m2.
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(a)
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See Section 404.5.2 for combined living room/dining room spaces.
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(b)
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See Section 404.5.1 for limitations on determining minimum occupancy
area for sleeping purposes.
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V.
Section 505.1 is hereby amended to read as follows:
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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.
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W.
Section 506.1 is hereby amended to read as follows:
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506.1 General. Plumbing fixtures shall be properly
connected to the public sewer system.
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X.
Section 602.3 is hereby amended to read as follows:
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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.
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Y.
Section 602.4 is hereby amended to read as follows:
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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.
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Exceptions:
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1. Processing, storage and operation areas that require cooling
or special temperature conditions.
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2. Areas in which persons are primarily engaged in vigorous
physical activities.
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Z.
Section 604.2 is hereby amended to read as follows:
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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.
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AA.
Section 704.2.1.2 is hereby amended to read as follows:
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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:
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1. On the ceiling or wall outside of each separate sleeping
area in the immediate vicinity of bedrooms.
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2. In each room used for sleeping purposes.
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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.
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4. At the upper level of every common open stairway.
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BB.
Section 704.3 is hereby added as follows:
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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.
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[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.
