As used
in this Part, the following terms shall have the meanings indicated:
APPROVED
"Approved," as applied to a material, device, or method of
construction, shall mean approved by the Code Official under the provisions
of this code, or approved by other authority designated by law to
give approval in the matter in question.
BASEMENT
That portion of a building which is partly or completely
below grade.
BUILDING CODE
The Building Code officially adopted by the legislative body
of this jurisdiction, or such other code as may be officially designated
by the legislative body of the jurisdiction for the regulation of
construction, alteration, addition, repair, removal, demolition, use,
location, occupancy and maintenance of buildings and structures.
BUILDING OFFICIAL
The official designated by the jurisdiction to enforce building,
zoning or similar laws, or a duly authorized representative.
CENTRAL HEATING
The heating system permanently installed and adjusted so
as to provide the distribution of heat to all habitable rooms, bathrooms
and water closet compartments from a source outside of these rooms.
CODE OFFICIAL
The official who is charged with the administration and enforcement
of this code, or any duly authorized representative.
CONDEMN
To adjudge unfit for use or occupancy.
DWELLING
A building containing one or more dwelling units.
B.
SINGLE-FAMILY ATTACHED DWELLINGA dwelling containing only one dwelling unit from ground to roof, independent outside access and a portion of one or two walls in common with adjoining dwellings.
C.
MULTIPLE-FAMILY DWELLINGA dwelling containing two or more dwelling units not having independent outside access and not having party walls forming a complete separation between individual dwelling units. Single-family attached dwellings are specifically excluded from this definition.
D.
DWELLING UNITAny room or group of rooms located within a residential building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family.
ENFORCEMENT OFFICER
The official designated herein or otherwise charged with
the responsibilities of administering this code, or the official's
authorized representative.
EXTERIOR PROPERTY AREAS
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
EXTERMINATION
The control and elimination of insects, rats or other pests
by eliminating their harborage places; by removing or making inaccessible
materials that may serve as their food; by poison spraying, fumigating,
trapping, or by any other approved pest elimination methods.
FAMILY
One or more persons related by blood, marriage or adoption
and any domestic servants or gratuitous guests thereof or a group
of not more than five persons who need not be so related and any domestic
servants or gratuitous guests thereof who are living together in a
single nonprofit dwelling unit and maintaining a common household
with single cooking facilities. A roomer, boarder or lodger shall
not be considered a member of a family.
GARBAGE
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
HABITABLE SPACE
Space in a structure for living, sleeping, eating, or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
space, and similar areas are not considered habitable space.
INFESTATION
The presence, within or contiguous to, a structure or premises
of insects, rats, vermin or other pests.
JUNK VEHICLE
A.
Any vehicle which is without a currently valid license plate
and/or inspection and is in either a rusted, wrecked, discharged,
dismantled, partly dismantled, inoperative, or abandoned condition.
A junk vehicle shall be classified as to its condition in one of the
two following categories:
(1)
RESTORABLEA junk vehicle that is in a condition whereby repairs to same could be made to place it in operating condition without exceeding the estimated value when repaired.
(2)
WRECKA junk vehicle in such condition that it is economically unsound to restore same to operating condition considering the repairs to be made, age of the vehicle, market value of the vehicle if it were restored, or in such condition that the public officer determines that it warrants such classification.
B.
The Code Official shall make the final determination as to the
classification to be assigned to any one particular vehicle.
JUNK MATERIAL
Any and all unused or abandoned machinery, equipment or appliances,
and all forms of waste and refuse of any type of materials, including,
but not limited to, scrap, metal, glass, industrial waste and other
salvageable materials, unless for resale, that can be seen from any
public highway, road, street, avenue, lane or alley which is maintained
by the Borough or Commonwealth of Pennsylvania.
[Added by Ord. No. 2021-02, 9/13/2021]
LET FOR OCCUPANCY or LET
To permit possession or occupancy of a dwelling, dwelling
unit, rooming unit, building or structure by a person who shall be
legal owner or not be the legal owner of record thereof, pursuant
to a written or unwritten lease, agreement or license, or pursuant
to a recorded or unrecorded agreement of contract for the sale of
land.
MAINTENANCE
Acts of repair and other acts to prevent a decline in the
condition of grounds, structures, and equipment; such that the condition
does not fall below the standards established by this code and other
applicable statutes, codes and ordinances.
MOTEL
A hotel as defined in this code.
OCCUPANT
Any person (including domestic service employees) living
and/or sleeping in a dwelling unit or having possession of a space
within a building.
OPENABLE AREA
That part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
OPERATOR
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
OWNER
Any person, agent, operator, firm, or corporation having
a legal or equitable interest in the property; or recorded in the
official records of the state, county or municipality as holding title
to the property; or otherwise having control of the property, including
the guardian of the estate of any such person, and the executor or
administrator of the estate of such person if ordered to take possession
of real property by a court.
PERSON
Includes a corporation or copartnership as well as an individual.
PLUMBING
The practice, materials, and fixtures used in the installation,
maintenance, extension and alteration of all piping, fixtures, appliances,
and appurtenances within the scope of the Plumbing Code.
PLUMBING FIXTURE
A receptacle or device which is either permanently or temporarily
connected to the water distribution system of the premises, and demands
a supply of water therefrom; or discharges used water, liquid-borne
waste materials, or sewage either directly or indirectly to the drainage
system of the premises; or which requires both a water supply connection
and a discharge to the drainage system of the premises.
PREMISES
A lot, plot or parcel of land including the buildings or
structures thereon.
PUBLIC NUISANCE
Includes the following:
A.
The physical condition, or use of any premises regarded as a
public nuisance at common law; or
B.
Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to children, including,
but not limited to, abandoned wells, shafts, basements, excavations
and unsafe fences or structures; or
C.
Any premises which has unsanitary sewerage or plumbing facilities;
or
D.
Any premises designated as unsafe for human habitation or use;
or
E.
Any premises which is manifestly capable of being a fire hazard,
or are manifestly unsafe or unsecure as to endanger life, limb or
property; or
F.
Any premises from which the plumbing, heating and/or facilities
required by this code have been removed, or from which utilities have
been disconnected, destroyed, removed or rendered ineffective, or
the required precautions against trespassers have not been provided;
or
G.
Any premises which is unsanitary, or which is littered with
rubbish or garbage, or which has an uncontrolled growth of weeds;
or
H.
Any structure or building that is in a state of dilapidation,
deterioration or decay; faulty construction; overcrowded; open, vacant
or abandoned, damaged by fire to the extent as not to provide shelter,
in danger of collapse or failure and dangerous to anyone on or near
the premises.
RENOVATION
A building and its facilities made to conform to present-day
minimum standards of sanitation, fire and life safety.
RESIDENTIAL BUILDING
A building in which sleeping accommodations or sleeping accommodations
and cooking facilities as a unit are provided; except when classified
as an institution under the Building Code.
ROOMING HOUSE
Any residential building, or any part thereof, containing
one or more rooming units, in which space is let by the owner or operator
to more than five persons who are not members of the family. (See
"dwelling.")
ROOMING UNIT
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
or eating purposes.
RUBBISH
Combustible and noncombustible waste materials, except garbage,
and the term shall include the residue from the burning of wood, coal,
coke, and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
STRUCTURE
That which is built or constructed, including without limitation
because of enumeration, buildings for any occupancy or use whatsoever,
fences, signs, billboards, fire escapes, chute escapes, railings,
water tanks, towers, open grade steps, sidewalks or stairways, tents
or anything erected and framed of component parts which is fastened,
anchored or rests on a permanent foundation or on the ground.
SUPPLIED
Installed, furnished or provided by the owner or operator.
VENTILATION
The process of supplying and removing air by natural or mechanical
means to or from any space.
B.
NATURALVentilation by opening to outer air through windows, skylights, doors, louvers, or stacks without wind-driven devices.
WORKMANLIKE
Whenever the words "workmanlike state of maintenance and
repair" are used in this code, they shall mean that such maintenance
and repair shall be made in a reasonably skillful manner.
YARD
An open space unobstructed from the ground up, on the same
lot with a structure, extending along a lot line or street line and
inward to the structure. The size of a required yard shall be measured
as the shortest distance between the structure and a lot line or street
line.
A.
FRONT YARDA yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards.
B.
REAR YARDSA yard between a structure and a rear lot line and extending the entire length of the rear lot line.
C.
SIDE YARDA yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.