[HISTORY: Adopted by the Township Council of the Township
of Upper Darby as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-21-1975 by Ord. No. 2452]
For the purposes of this article, the following definitions
shall apply:
Any structure, whether public or private, that is adopted
for occupancy for transaction of business; for rendering of professional
services; for amusement; for the display, sale or storage of goods,
wares or merchandise; or for the performance of work or labor, including
hotels, apartment buildings, tenement houses, rooming houses, office
buildings, public buildings, stores, theaters, markets, restaurants,
grain elevators, abattoirs, warehouses, workshops, factories and all
outhouses, sheds, barns, buildings under construction, and other structures
on premises used for business purposes.
The legally appointed Health Officer, Director of Health,
any duly authorized representative thereof, and any qualified member
of the Upper Darby Township Health Department.
The individual, partnership, or corporation that uses or
occupies any business and/or residence building or part or fraction
thereof, whether the actual owner or tenant. In the case of vacant
business and/or residence buildings or vacant portions thereof, the
owner, agent, or custodian shall have the responsibility as occupant.
The actual owner, agent or custodian of the business building
and/or residence building, whether individual, partnership, or corporation.
The lessee shall be construed as the owner for the purpose of this
article when business building and/or residence building agreements
hold the lessee responsible for maintenance and repairs.
The elimination or extermination of rats within or without
buildings by any or all of the accepted measures, including but not
limited to poisoning, fumigation, trapping and clubbing.
Any condition which provides shelter or protection for rats,
thus favoring their multiplication and continued existence in, under
or outside of any structure.
As used herein, applies to a form of construction to prevent
the ingress of rats into business and/or residence buildings from
the exterior, or from one business and/or residence building to another.
It consists essentially of treatment with material impervious to rat
gnawing of all actual or potential openings in exterior walls, ground
or first floors, basements, roofs and foundations that may be reached
by rats from the ground by climbing or by burrowing.
Any structure, whether public or private, regardless of the
type of material used in its construction, that is adapted, or any
portion of which is adapted, for human occupancy or residence, including
duplex houses or two-unit houses.
It is hereby required that all business and/or residence buildings
in Upper Darby Township shall be ratproofed, freed of rats, and maintained
in a ratproofed and rat-free condition to the satisfaction of the
Health Officer.
Whenever the Health Officer notifies the owner or owners of
a business or residence building in writing that there is evidence
of rat infestation of the building and/or that the said building has
not been ratproofed, said owner or owners shall immediately institute
rat eradication measures and/or measures to ratproof the building
in a manner satisfactory to the Health Officer and consistent with
the terms of this article. Unless said measures are undertaken within
five days after receipt of notice, as provided herein, the owner or
owners of the said building shall be held in violation of this article.
From and after passage of this article, the Health Officer is empowered to make inspections of the interior and exterior of all buildings, subject to the terms hereof, to determine the presence of rats or openings through which rats may enter said buildings. Whenever such inspection shall indicate the presence of rats or openings through which rats may enter a building, the Health Officer shall serve the owners or occupants of said building with notice of same as provided in § 417-3 hereof.
Whenever conditions inside or under an occupied business or residence building provide harborage for rats, the Health Officer is herewith empowered, after due notification in accordance with § 417-3 hereof, to close such business or residence building or buildings until such time as the conditions are abated by ratproofing and harborage removal.
Whenever conditions inside or under an occupied business or residence building provide harborage for rats, and the owner or owners thereof have failed to correct such condition for a period of 60 days after notice of same is sent by the Health Officer to said owner or owners pursuant to §§ 417-3 and 417-4 hereof, the Health Officer may institute legal action in any court in order to compel compliance with the terms of this article; said legal action shall include, but not be limited to, condemnation proceedings.
A.Â
It shall
be unlawful under the provisions of this article for the occupant,
owner, contractor, public utility company, plumber, or any other person
to remove and fail to restore in like condition the ratproofing from
any business or residence building for any purpose. Further, it shall
be unlawful for any person or agent to make any new openings that
are not closed or sealed against the entrance of rats.
B.Â
It shall
be unlawful for any person, firm or corporation hereafter to construct,
repair or remodel any residence and/or business building, unless such
construction, repair, remodeling or installation shall render the
building or other structure ratproof in accordance with the terms
of this article. This section shall apply only to such construction,
repairs, remodeling or installation as affect the ratproof condition
of any building or other structure.
C.Â
It shall
be unlawful for any person, firm or corporation hereafter to occupy
any new or existing business buildings wherein foodstuffs are to be
stored, kept, handled, sold, held or offered for sale without complying
with the terms of this article. No Township of Upper Darby health
license or other permit to conduct or carry on such business, as defined
herein, shall be issued until the terms of this article have been
complied with.
A.Â
All food
and feed within the Township of Upper Darby, utilized for the feeding
of chickens, cows, pigs, horses, and other animals, shall be stored
in rat-free and ratproof containers, compartments, or rooms, unless
stored in a ratproof building.
B.Â
All garbage
or refuse consisting of waste, animal or vegetable matter, upon which
rats may feed, and all small dead animals shall be placed and stored
until collected in refuse containers made of durable, watertight,
rust-resistant, rodentproof material having a close-fitting lid.
C.Â
It shall
be unlawful for any person to place, leave and/or dump any garbage,
rubbish or trash so as to permit the accumulation of same in any building
or on any premises, improved or vacant, or on any open lot, street,
sidewalk or alley in the Township of Upper Darby so that same shall
or may afford food or harborage for rats.
D.Â
It shall
be unlawful for any person to permit to accumulate on any premises,
improved or vacant, or on any open lot or alley in the Township of
Upper Darby any lumber, boxes, barrels, containers or similar materials
unless same shall be placed on open racks that are elevated not less
than 18 inches above the ground and evenly piled or stacked.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article shall be enforced by the filing of a civil complaint
or by such other means as may be provided by the Pennsylvania Rules
of Civil Procedure. Any person, firm or corporation who violates any
building, housing, property maintenance, health, fire or public safety
code shall, upon being found liable in a civil proceeding, be ordered
to pay a penalty of not more than $1,000, plus the costs of prosecution,
plus all Township attorneys' fees incurred in the prosecution of the
civil case. Any person, firm or corporation who violates any other
ordinance shall, upon being found liable in a civil proceeding, be
ordered to pay a penalty of not more than $600, plus the costs of
prosecution, plus all Township attorneys' fees incurred in the prosecution
of the civil case. Each day that a violation continues shall constitute
a separate violation of this article. Each subsection of this article
that is violated shall constitute a separate violation of this article.
Each day that a violation of this article continues after notice of
same has been sent to the owner or owners by a health officer shall
constitute a separate and distinct violation of this article.
[Adopted 4-21-2021 by Ord. No. 3096[1]]
[1]
Editor's Note: Ordinance No. 3096 also repealed former Art.
II, Adoption of Standards, adopted 6-17-2020 by Ord. No. 3072.
Upper Darby Township adopts the 2015 International Property
Maintenance Code with local amendments, including the addition of
Section 705 which regulates Fire Safety Inspections, Chapter 9 which
regulates Rental Dwelling Licenses, and Chapter 10 which regulates
the Sale of Properties. The International Property Maintenance Code
can be found online at: https://codes.iccsafe.org/content/IPMC2015.
When there is a conflict between the 2015 International Property Maintenance
Code and this ordinance and previous Upper Darby Township Ordinances
regulating property maintenance in the Township the provisions of
this ordinance shall control. To prevent conflict between the 2015
International Property Maintenance Code and previous Township Ordinances
regulating property maintenance, Ordinances Nos. 2621, 2736, 2845,
2891, 2905, 2919, 2939, 2951, 2992, 3015, and 3072 are repealed in
their entirety.
Upper Darby Township amends the following sections of the International
Property Maintenance Code:
A.Â
Section 102.3, Application of other codes.
Amended by striking "International Building Code, International
Existing Building Code, International Energy Conservation Code, International
Fire Code, International Fuel Gas Code, International Mechanical Code,
International Residential Code, International Plumbing Code and NFPA
70. Nothing in this code shall be construed to cancel, modify or set
aside any provision of the International Zoning Code and inserting
"currently adopted series of construction codes and any other relevant
Township regulations or ordinances."
B.Â
Section 102.5, Workmanship.
Amended by adding at the end the following: "Exception: Temporary
repairs or safeguards shall be done in a reasonable manner, within
15 days of the notice of violation but shall not be held to workmanlike
standards. The Department has the sole discretion to extend the time
frame."
C.Â
Section 103.1, General.
Amended by striking the entire section and inserting:
"a. Per Ordinance 3066, the Division of Property Maintenance
is a division of the Department of Licenses and Inspection and the
executive official in charge is the Director of Licenses & Inspection.
b. It shall be unlawful for any person to disclose the name
of a person who requests a code enforcement action or makes a code
enforcement complaint unless ordered to do so by a judge or a duly
appointed or elected official of the court."
D.Â
Section 103.3, Deputies.
Amended by striking the entire section and inserting "Township
Administration shall have the authority to appoint deputies in accordance
with the Administrative Code of the Township of Upper Darby and any
relevant collective bargaining agreements."
E.Â
Section 103.5, Fees.
Amended by striking "the following schedule" and inserting "the
most recent Upper Darby Fee Schedule."
F.Â
Section 106.3, Prosecution of violation.
Amended by striking the entire section and inserting "Any person
who fails to comply with a notice of violation or order served in
accordance with Section 107 shall be deemed guilty of a summary offense
or civil infraction as determined by the Township. If the notice of
violation is not complied with, the Director of Licenses and Inspections,
or their designee, shall institute the appropriate proceeding to restrain,
correct or abate the violation. Any action taken by the Township shall
be charged against the real estate upon which the structure is located
and there shall be a lien upon such real estate."
G.Â
Section 106.4, Violation penalties.
Amended by striking the entire section and inserting "A person
who violates, or fails to comply with, any provision or requirement
of this code shall be prosecuted within the limits provided by the
Commonwealth of Pennsylvania and fines and penalties set forth by
Township Council, as amended. Upon receiving notice of violation,
each day that a violation continues shall be deemed a separate offense."
H.Â
Section 106.5, Abatement of violation.
Amended by striking "legal officer of the jurisdiction" and
inserting "Township Solicitor."
I.Â
Section 107.3, Method of Service.
Amended by striking the entire section and inserting "Such notice
shall be deemed to be properly served if a copy thereof is: 1. Posted
in a conspicuous place in or about the structure affected by such
notice; and 2. Sent by certified or first-class mail addressed to
the last known address."
J.Â
Section 108.1.5, Dangerous structure or premises.
Amended by striking "becomes a harbor for vagrants, criminals,
or immoral persons."
K.Â
Section 111.1, Application for appeal.
Amended by striking the entire section and inserting "Any person
directly affected by a decision of the Code Official or a notice or
order issued under this code has 20 days to appeal the decision, notice
or order in writing using the appeal process provided in Section 5
of Upper Darby Township Ordinance 2936. All appeals shall be made
in accordance with the regulations as set forth by the Delaware County
Uniform Construction Code Appeal Board and any other applicable laws
of the Commonwealth of Pennsylvania."
L.Â
Sections 111.2 through 111.8 are deleted in their entirety.
M.Â
Section 112, Stop Work Order, is deleted in its entirety.
N.Â
Section 201.3, Terms defined in other codes.
Amended by striking "International Building Code, International
Existing Building Code, International Fire Code, International Fuel
Gas Code, International Mechanical Code, International Plumbing Code,
International Residential Code, International Zoning Code or NFPA
70" and inserting "any currently adopted code or Upper Darby Township
Ordinance, such terms shall be defined as provided in those codes
or ordinances."
O.Â
Section 202, General Definitions, is amended by inserting
"APPROPRIATE JUDICIAL AUTHORITY. The District Justice in whose
district the violation occurred.
APPROPRIATE TOWING AND STORAGE AGENT. Any municipal or privately
owned garage appointed by the Mayor and approved by Council to tow
and impound vehicles upon the request of any township department.
APPROVED AGENCY. An established and recognized agency that is
regularly engaged in conducting tests or furnishing inspection services,
where such agency has been approved by the Code Official.
CODE OFFICIAL. The Director of the Department of Licenses and
Inspection, Director of Administrative Services and the Fire Chief
or their designees acting either individually or together in any combination
and who are charged with the administration and enforcement of this
code.
COMBINATION (VEHICLE). Two or more vehicles physically interconnected
in tandem.
DILAPIDATED. Any building, structure, or part thereof, which
by reason of inadequate maintenance, structural deterioration, obsolescence,
or abandonment, is unsafe, unsanitary, or constitutes a fire hazard,
and is no longer adequate for the purpose or uses for which it was
originally intended.
DISABLED VEHICLE. A vehicle which is rendered inoperative or
immobile by reason of mechanical or other difficulty or by reason
of damage to said vehicle.
EMERGENCY SITUATION (VEHICLE). An accident, casualty, or other
unexpected circumstance which renders a vehicle inoperative or immobile
for not more than 12 consecutive hours after the time of the occurrence
of said accident, casualty, or other unexpected circumstance.
HISTORIC BUILDING. Any building or structure that is registered
as historic under applicable federal, commonwealth, county, or Township
law.
MUNICIPAL PARKING LOT. A parking lot owned by Upper Darby Township
which is open to the public or used for parking with or without charge.
OWNER. Any person, agent, operator, firm or corporation having
legal or equitable interest in the property; or recorded in the official
records of the Commonwealth of Pennsylvania, Delaware County, or the
Township 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.
OWNER (VEHICLE). A person, other than a lienholder, having a
property right in or title to a vehicle. The term includes a person
entitled to the use and possession of a vehicle subject to a security
interest in another person.
SALVOR. A person engaged in the business of acquiring abandoned
vehicles for the purpose of taking apart, junking, selling, rebuilding
or exchanging the vehicles or parts thereof.
VEHICLE. Every self-propelled device in, upon or by which any
person or property is or may be transported upon a highway, except
one which is propelled solely by human power or by electric power
obtained from overhead trolley wires or used exclusively upon rails
or tracks."
P.Â
Section 302.3, Sidewalks and Driveways, is amended to include:
Section 302.3.1 Snow Removal.
The owner, the owner's agent or tenant's property manager of
any building or premises shall not later than 24 hours after snow
has ceased to fall clear a path on the sidewalk of said property or
premises. Such path shall be not less than 36 inches in width and
shall be thoroughly clear of snow and ice. In any case where the building
premises is leased by or occupied by a single tenant, the tenant shall
also be liable for removal of snow and ice as provided in this subsection.
Vacant or unoccupied buildings are not exempt from this section.
Section 302.3.2 Snow Disposal.
Snow or ice removed from sidewalks or other areas not be placed
in the gutter, sidewalks or streets. If there is no front yard, such
snow and ice shall be placed on the area of the sidewalk adjacent
to the curb line.
Q.Â
Section 302.4, Weeds, is amended by striking "[JURISDICTION TO INSERT
HEIGHT IN INCHES]" and inserting "10 inches (254 mm)."
R.Â
Section 302.4, Weeds, is amended to include:
Section 302.4.1 Bamboo.
No persons, or other property owners or tenants, shall plant,
cultivate, or cause to grow any bamboo on any lot or parcel of ground
in the Township of Upper Darby, subject to the following exceptions:
1.
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The root system of such bamboo plants is entirely contained
within an above-ground-level planter, barrel, or other vessel of such
design, material, and location as to entirely prevent the spread of
growth of the bamboo plants' root system beyond the container beyond
which it is planted;
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2.
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The root system is contained within a properly constructed and
maintained barrier system; or
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3.
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Whether planted or growing in a container, as described herein,
all bamboo plants shall be located, trimmed and maintained so that
no part of the plant shall be closer than 10 feet from any property
line.
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S.Â
Section 302.8, Motor vehicles, is amended by inserting:
302.8.1 Incorporating by reference Chapter 532, Impoundment
and Towing of Vehicle of the Upper Darby Code.
T.Â
Section 304.1.1, Unsafe conditions, is amended by striking "the International
Building Code or the International Existing Building Code" and inserting
"the currently adopted existing building code."
U.Â
Section 304.3, Address identification, is amended by striking the
entire section and inserting "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, and if applicable visible from any common vehicular
access to the rear of the property. These numbers shall contrast with
their background. Address numbers shall be Arabic numerals or alphabet
letters. Numbers shall be not less than four inches (102 mm) in height
with a minimum stroke width of 0.5 inch (12.7 mm).
Exception: Existing numbers three inches in height and in good
condition shall be permitted to remain."
V.Â
Section 304.14, Insect screens, is amended by striking "from [DATE]
to [DATE]" and inserting "from April 15 to October 15."
W.Â
Section 305.1.1, Unsafe conditions, is amended by striking "the International
Building Code or the International Existing Building Code as required
for existing buildings" and inserting "currently adopted building
code or the currently adopted existing building code as required for
existing buildings."
X.Â
Section 306.1.1, Unsafe conditions, is amended by striking "the International
Building Code or the International Existing Building Code as required
for existing buildings" and inserting "the currently adopted building
code or the currently adopted existing building code as required for
existing buildings."
Y.Â
Section 308.2.2, Refrigerators, is amended by striking "shall not
be discarded, abandoned or stored on premises without first removing
the doors" and inserting "that are not easily openable from the inside,
not in operation shall not be discarded, abandoned or stored on premises
without first removing the doors."
Z.Â
Section 308.3.1, Garbage facilities, is amended by striking "one
of the following: an approved mechanical food waste grinder in each
dwelling unit; an approved incinerator unit in the structure available
to the occupants in each dwelling unit; or" and inserting "an adequate
amount of." This section is also amended by striking "container" and
inserting "containers."
AA.Â
Section 401.3, Alternative devices, is amended by striking "International
Building Code" and inserting "currently adopted series of construction
codes."
BB.Â
Section 404.5, Overcrowding, is amended by striking the entire section
and inserting "The number of persons occupying a dwelling unit shall
not create conditions that, in the opinion of the Code Official, endanger
the life, health, safety or welfare of the occupants."
CC.Â
Section 502.2, Rooming houses, is amended by striking "each four
rooming units" and inserting "for each rooming unit."
DD.Â
Section 502.5, Public toilet facilities, is amended by striking "International
Plumbing Code" and inserting "currently adopted plumbing code."
EE.Â
Section 503.4, Floor surface, is amended by striking "In other than
dwelling units."
FF.Â
Section 505.1, General, is amended by striking "or to an approved
private water system." This section is also amended by striking "International
Plumbing Code" and inserting "currently adopted plumbing code."
GG.Â
Section 506.3, Grease interceptors, is amended by inserting "Section
506.3.1 Grease laden waste. Any occupancy that produces grease laden
waste must install a grease interceptor in accordance with the currently
adopted plumbing code."
HH.Â
Section 507.1, General, is amended by adding at the end the following:
"Sump pumps shall not drain into sanitary sewer lines."
II.Â
Section 602.2, Residential occupancies, is amended by striking "68°
F. (20° C.)" and inserting "65° F. (18° C.)." This section
is also amended by striking "Appendix D of the International Plumbing
Code" and inserting "current plumbing code."
JJ.Â
Section 602.3, Heat supply, is amended by striking "[DATE] to [DATE]"
and inserting "October 15 to April 15." This section is also amended
by striking "68° F. (20° C.)" and inserting "65° F. (18°
C.)."
KK.Â
Section 602.4, Occupiable workspaces, is amended by striking "[DATE]
to [DATE]" and inserting "October 15 to April 15." This Section is
also amended by striking "68° F. (20° C.)" and inserting "65°
F. (18° C.)."
LL.Â
Section 603.1, Mechanical appliances, is amended by adding at the
end the following, "Gas- or oil-fired house heaters shall be cleaned
and maintained annually."
MM.Â
Section 604.2, Service, is amended to include:
604.2.1 Access to overcurrent devices. Occupants of a structure
must have access to the overcurrent devices that serve the spaces
they occupy.
Exception: Access is not required when occupants are provided
with a contact that is available 24 hours a day to reset the devices.
604.2.2 House panel.
Multidwelling structures are required to provide a separately
metered panel to serve any common or shared spaces.
NN.Â
Section 605.2, Receptacle, is amended to strike "grounding-type receptacle
or a receptacle with a ground fault circuit interrupter." This section
is also amended to insert at the end the following, "Each structure
shall have at least one exterior receptacle."
OO.Â
Section 605.2, Receptacle, is amended to include:
605.2.1 GFCI Protection.
GFCI protection shall be provided for any exterior, bathroom,
kitchen counter, or receptacles within six feet (1,829 mm) of a water
source.
PP.Â
Section 605.3, Luminaires, is amended to strike "one electric luminaire"
and insert "switch-controlled lighting outlet."
QQ.Â
Section 605.4, Wiring, is amended by adding at the end the following:
"The Code Official is permitted to require an amount of receptacles
in excess of 605.2 when there are repeated violations of this section,
or an extensive overuse of extension cords is observed."
RR.Â
Section 702.1, General, is amended by striking "Means of egress shall
comply with the International Fire Code."
SS.Â
Section 702.2, Aisles, is amended by striking the entire section
and inserting "The required width of aisles shall be unobstructed."
TT.Â
Section 702.3, Locked doors, is amended by striking "International
Building Code" and inserting "currently adopted building code."
UU.Â
Section 704.1, General, is amended by striking "in accordance with
the International Fire Code."
VV.Â
Section 704.2.1, Where required, is amended by striking "Exceptions:
1. Where the code that was in effect at the time of construction required
smoke alarms and smoke alarms complying with those requirements are
already provided. 2. Where smoke alarms have been installed in occupancies
and dwellings that were not required to have them at the time of construction,
additional smoke alarms shall not be required provided that the existing
smoke alarms comply with requirements that were in effect at the time
of installation. 3. Where smoke detectors connected to a fire alarm
system have been installed as a substitute for smoke alarms" and inserting
"Exception: Compliance with this section is not required where smoke
detectors connect to a fire alarm system as a substitute for smoke
alarms."
WW.Â
Section 704.2.3, Power source, is amended by striking "solely battery
operated in existing buildings where no construction is taking place"
and inserting "solely ten-year lithium battery operated in existing
buildings where no construction is taking place." This section is
also amended by striking "solely battery operated in existing areas
of buildings undergoing alterations or repairs" and inserting "solely
ten-year lithium battery operated in existing areas of buildings undergoing
alterations or repairs."
XX.Â
Section 704.2.4, Smoke detection system, is amended by striking "Section
907 of the International Fire Code" and inserting "currently adopted
building codes." This section is also amended by striking "Section
907.5.2 of the International Fire Code" and inserting "currently adopted
building codes." This section is further amended by striking "Section
907.6.5 of the International Fire Code" and inserting "currently adopted
building codes."
YY.Â
Section 704, Fire Protection Systems, is amended to include:
Section 704.3 Carbon Monoxide Alarms.
704.3.1 Dwelling Units
Carbon monoxide alarms shall be installed in dwellings outside
of bedrooms, in any dwelling unit within which fuel-fired appliances
are installed, or that have attached garages.
704.3.2 Group E Occupancies
Carbon monoxide alarms or combination smoke/co alarms shall
be installed in any classrooms within which fuel-fired appliances
are installed, communicate with spaces that contain such equipment,
or are served by a fuel-fired forced air furnace.
Exception: Buildings that have an existing CO detection system
are not required to provide additional alarms.
ZZ.Â
Chapter 7: Fire Safety Requirements is amended by inserting after Section 704 the following:
SECTION 705
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FIRE SAFETY INSPECTIONS
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Section 705 General
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The Fire Chief, or any of their designees, shall make inspections
of each commercial property in the Township of Upper Darby. The Fire
Chief, or their designees, is authorized to enter, for the purpose
of such inspection, all commercial properties, and it is the duty
of commercial property owners to provide access to such properties
upon request by the Fire Chief.
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Section 705.1. Frequency of inspections.
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The Fire Department is authorized to perform regular inspections
of existing commercial properties in accordance with a schedule to
be determined by the Fire Chief, or their designees. The construction
date of the building will be taken into consideration when determining
safety standards.
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Section 705.1.1. Report of inspection.
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The Fire Chief shall issue a report of each inspection and shall
supply a copy to the commercial owner and retain one for the Township's
record. The report, designated as the "Upper Darby Township Commercial
Business Minimal Safety Checklist," shall reflect the items that will
be inspected and shall note all deficiencies and violations observed
during such inspection. The report shall state the corrective action
or repairs required to be taken by the business owner and the date
by which the corrective action or repairs are required to be completed.
The Fire Chief, or their designees, is authorized to schedule follow-up
inspection(s) of a commercial property to determine compliance with
the deficiencies and violations contained in the initial inspection
report.
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Section 705.2. Inspection fees.
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The Township shall charge every commercial property within the
Township a registration/inspection fee as set forth in the designated
Fee Schedule.
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Section 705.3. Recordkeeping.
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All records, files and documents pertaining to this program
shall be maintained by the Fire Department and made available to the
public as required by law.
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AAA.Â
The 2015 International Property Maintenance Code is amended by inserting:
CHAPTER 9
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RENTAL DWELLING LICENSE
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Section 901 Inspection of Rental Dwelling Units Prior to Occupancy.
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901.1 Inspection of rental dwelling units required.
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a.
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In accordance with the license requirements set forth in Section
902.0, every person, firm, corporation or any other entity owning,
managing or operating a dwelling unit and/or rooming unit shall not
rent, lease, let out or permit the same to be occupied without first
applying for and securing the following: An annual rental dwelling
license for each occupied and/or vacant dwelling(s) issued pursuant
to the provisions of this article and applicable ordinances, rules
and regulations enacted by the Council of Upper Darby Township.
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b.
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The appropriate L&I officials are hereby authorized and
directed to process all applications for rental dwelling licenses
and, prior to the issuance of same, determine by inspection that all
the requirements of this article and/or any other applicable ordinance,
rules and regulations enacted by Upper Darby Township have been met.
The fee for the application and issuance of any rental dwelling license,
as well as any fee for re-inspection(s) of properties, shall be set
from time to time at the discretion of the Council of Upper Darby
Township by ordinance.
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Section 902 Licensing of Dwelling Units.
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902.1 License Required.
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An operating license for all rentals, leased, subleased single-
or multiple-family dwellings or rooming house shall be valid for a
period of one year, unless revoked for noncompliance of any Township
ordinance or nonpayment of Township sanitary sewer or trash collection
fee, and such license shall be renewable for successive periods of
one-year from the original date of application for said license. Licenses
shall not be transferable.
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902.2 Issuance of license.
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The Licenses & Inspection Department is hereby authorized
upon application therefor to issue new operating licenses, and renewals
thereof, in the names of applicant owners or operators of dwelling
units. No such licenses shall be issued or renewed unless the dwelling
units in connection with which the license is sought is found after
inspection to meet all requirements of this Code and of applicable
rules and regulations pursuant thereto.
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902.3 License application.
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No operating license shall be issued or renewed unless the applicant
owner or operator has first made application therefor on an application
form provided by the L&I Department. The L&I Department shall
develop such forms and make them available to the public.
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902.4 Inspections.
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No operating license shall be issued or renewed unless the applicant
owner or operator agrees, in their application, to such inspections
as the L&I Department may require determining whether the dwelling
in connection with which such license is sought is in compliance with
the provisions of this Code and with applicable rules and regulations
pursuant thereto. Such inspections may be performed by any Code Official.
The license fee set forth in the most recent fee schedule shall include
the cost of one initial inspection and one reinspection of the dwelling
units for which a license or renewal of a license, as applicable,
is sought. The cost of each additional inspection shall be billed
to the owner at the prevailing rate of Code Officials for the time
required to perform said inspection and travel time, plus any additional
costs incurred by the Township in performing the reinspection.
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902.5 License fee.
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No operating license shall be issued or renewed unless the completed
application form is accompanied by a payment of a license fee established
by resolution of Township Council, which may be amended from time
to time.
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902.6 Information required.
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No operating license shall be issued or renewed unless such
applicant provides in writing their name, address, phone number, and
email and the name, address, phone number, and email of their agent
in Pennsylvania for the receipt of service of notice that there is
a violation of the provisions of this Code and for service of process
pursuant to this Code. The address must also include a full street
address if a post office box number is used.
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902.7 Information required where owner is domiciled outside
of Pennsylvania.
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No operating license shall be issued or renewed for any applicant
that is a corporation or partnership that is domiciled outside of
the Commonwealth of Pennsylvania unless a Certificate of Authority
to Do Business in Pennsylvania is provided. If such information is
not on the certificate, the applicant must provide the name and address
of their registered agent and office in the Commonwealth of Pennsylvania
which is to be used for service of process. The address must also
include a full street address if a post office box number is used.
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902.8 License renewal.
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No operating license shall be renewed unless an application
therefor has been made within 60 days prior to the expiration of the
present operating license. Each operator will receive notice from
the Township before the notice becomes due.
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902.9 Display of license; transfer.
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For multiple dwelling units (three or more) each license shall
be displayed in a conspicuous place within a common way of the dwelling.
In a single- or two-family dwelling, the license shall be made readily
available and be able to be produced immediately upon request. No
license shall be transferable to another person, or to another multiple
dwelling or rooming house. Before a resale certificate can be issued,
any person acquiring title to multiple dwelling or rooming house must
apply in writing to the L&I Department for a new license.
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902.10 Recordkeeping.
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Every owner or operator of a licensed rental dwelling unit shall
keep or cause to be kept an accurate record of repairs, alterations,
and equipment changes, that have required a work permit to be obtained
from the Township, related provisions of this Code or to any rules
and regulations pertaining thereto, and of all corrections made as
the result of inspections by the Code Official. Such record shall
be made available to the Code Official by the owner or operator when
notified that such record may be subpoenaed for use in administrative
or judicial proceedings pursuant to the provisions of this Code. The
L&I Department shall upon issuance of a license as required in
Section 902, advise the licensee of the necessity for such a record
and the manner in which such record shall be kept.
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902.11 Notice of violation.
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Whenever, upon inspection of the licensed multiple dwelling
or rooming house, or of the records required to be kept by Section
902.10, the Code Official finds that conditions or practices exist
which are in violation of the provisions of this Code, or of any applicable
rules and regulations pursuant thereto, he/she shall serve the owner
or operator with notice of such violation in the manner provided in
Section 107.2. In addition to the requirements of Section 107.2, such
notice shall also state that unless the violations cited are corrected
within the designated time, the operating license may be suspended.
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902.12 Reinspection; license suspension.
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At the end of the time the Code Official has allowed for correction
of any violation cited, the Code Official shall re-inspect the dwelling
unit, and if they determine that such conditions have not been corrected,
they may issue an order suspending the operating license until such
time as they determine, pursuant to re-inspection, that all violations
have been remedied.
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902.13 Appeal.
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Any person whose license to operate a rental one-family dwelling,
rental two-family dwelling or rental multiple dwelling has been suspended
shall be entitled to a reconsideration of the order or a formal hearing,
in the manner provided by this Code. If no request for reconsideration
or petition for hearing is filed with the L&I Department within
20 days after the date on which the order of suspension was issued,
the license shall be revoked. However, prior to revocation, any person
whose license has been suspended may request reinspection upon a showing
that the violation or violations cited in the notice have been corrected.
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902.14 Reinstatement of license.
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If upon reinspection the Code Official finds that the dwelling
in connection with which the notice was issued is now in compliance
with this Code and with applicable rules and regulations issued pursuant
thereto, the Code Official shall reinstate the license. A request
for reinspection shall not extend the period allowed for remediation
unless the L&I Department grants such a request.
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BBB.Â
The 2015 International Property Maintenance Code is amended by inserting:
CHAPTER 10
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SALE OF PROPERTY
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1001.1 Resale Certificate Required.
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Any individual, corporation, or other entity who owns real property
within Upper Darby Township and desires to sell said property shall
first obtain a resale certificate from the Department of Licenses &
Inspection and provide that resale certificate to the buyer of the
property.
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1001.2 Exemptions.
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The following residential transactions are exempt from obtaining
a resale certificate:
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1.
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Pursuant to court order, including, but not limited to, transfers
ordered by a probate court in the administration of an estate, transfers
pursuant to a writ of execution, transfers by a trustee in bankruptcy,
transfers by eminent domain and condemnation and transfers resulting
from a decree for specific performance.
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2.
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To a mortgagee by a mortgagor or successor in interest who is
in default; to a beneficiary of a deed of trust by a trustee or successor
in interest who is in default; by any foreclosure sale after default
in an obligation secured by a mortgage; by a sale under a power of
sale or any foreclosure sale under a decree of foreclosure after default
in an obligation secured by a deed of trust or secured by any other
instrument containing a power of sale; or by a mortgagee or a beneficiary
under a deed of trust who has acquired the real property at a sale
conducted pursuant to a power of sale under a mortgage or deed of
trust or a sale pursuant to a decree of foreclosure or who has acquired
the real property by a deed in lieu of foreclosure.
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3.
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From one co-owner to one or more other co-owners.
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4.
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Made to a spouse or to a person or persons in the lineal line
of consanguinity of one or more of the transferors.
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5.
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Between spouses resulting from a decree of dissolution of marriage
or a decree of legal separation or from a property settlement agreement
incidental to the decree.
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6.
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By a corporation, partnership or other association to its shareholders,
partners or other equity owners in connection with the liquidation
of the corporation, partnership or other association.
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7.
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Of a property to be converted by the buyer into a use other
than residential use or to be demolished.
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8.
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Of unimproved real property.
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1002 Resale Certificate Information.
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1002.1 Required Information.
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The L&I Department shall, when appropriate pursuant to Section
1004 hereof, issue a resale certificate which shall contain the following
certification:
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1.
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A description of the zoning district classification of the real
property intended to be sold;
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2.
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A statement that the existing uses of the real property intended
to be sold, as described by the seller, fully complies with the provisions
of the Upper Darby Township Zoning Ordinance;
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3.
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A statement that on the property intended to be sold there are
no uncorrected violations of record of the Upper Darby Township building,
property maintenance, zoning, curb and sidewalk or other applicable
codes.
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1002.3 Inspections.
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1002.3.1 Residential Properties (Less than three dwelling units).
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All residential properties being sold will have the following
inspections performed:
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1.
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A full exterior and interior inspection of the property will
be performed to determine compliance with applicable sections of this
Code.
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2.
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Determine that the property has no open complaints, open permits,
or outstanding liens or fees owed to the Township.
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3.
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A visual sewer lateral inspection and report as per Ordinance
3070 is required to be performed by an approved agency.
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1002.3.2 Commercial Properties (Includes residential with more
than three dwelling units).
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All commercial properties being sold will have the following
inspections performed:
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1.
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A full exterior and interior inspection of the property will
be performed to determine compliance with applicable sections of this
code.
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2.
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Determine that the property has no open complaints, open permits,
or outstanding liens or fees owed to the Township.
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3.
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A visual sewer lateral inspection and report as per Ordinance
3070 is required to be performed by an approved agency.
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1003 Violations.
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All property violations discovered as per 1002.3.1 and 1002.3.2
hereof must be corrected before the resale certificate can be issued.
If the seller of the property cannot correct all violations that are
found on the property, a conditional resale certificate can still
be issued under the following conditions:
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1.
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If the municipal inspection reveals at least one nonsubstantial
violation, a conditional resale certificate/temporary use and occupancy
certificate shall be issued.
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2.
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If the inspection reveals at least one substantial violation,
the L&I Department shall specifically note those items on the
inspection report and shall issue a temporary access certificate.
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3.
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All corrections must be made within 12 months from the date
of the issuance of the conditional resale certificate/temporary use
and occupancy certificate. An extension may be granted by the Director
of the Licenses and Inspection Department subject to the Director's
discretion. If corrections are not made within the designated time
period, the Township will take the appropriate legal action to force
the new owner to make said corrections.
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1004 Fees.
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Fees will be as determined by the currently adopted Township
Fee Schedule, which shall be amended by resolution of Township Council
from time to time.
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1005 Application, Notification, and Issuance.
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Section 1005.1 Time Period.
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An application for a resale certificate shall be submitted to
the L&I Department at least two weeks prior to the date of settlement
of the real property.
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1005.2 Required Information.
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The resale certificate application shall include all information
required by the application currently published on the Township website
or available in person at the municipal building. An application may
be rejected if any information is missing on the required form.
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1005.3 Notification.
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All communication will be via electronic mail. Failure to provide
an accurate, legible, working email address shall waive the applicant,
seller, and/or buyer's rights to be notified of any violations.
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1005.4 Issuance.
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The completed resale certificate or conditional resale certificate
shall be emailed to all parties that have provided an email address
on the application.
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1006 Fines.
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Fines for violations of this Code will be set by resolution
of Township Council, which shall be amended from time to time.
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