[Adopted 9-13-2010 by Ord. No. 5-2010]
Be it ordained and enacted by the Council of the Borough of
Ingram and it is hereby ordained and enacted by the authority of the
same, that from and after the effective date of this article, the
following article shall be in full force and effect in the Borough
of Ingram.
This article shall be known as the "Borough of Ingram Tenant
Occupancy Safety Inspection Ordinance."
This article is adopted pursuant to the Borough Code of the
Commonwealth of Pennsylvania, as amended, 53 P.S. § 46202, and the provisions hereof and all sections contained herein
shall be construed as having been adopted in the interests of the
health, safety, and general welfare of the people of the Borough of
Ingram, Allegheny County, Pennsylvania.
The purpose of this article is:
A. To promote, protect and facilitate the public health, safety and
the general welfare of the community and to protect and to promote
the safety of residential tenants and other inhabitants in the Borough
from fire and the hazards of fire.
B. To prevent one or more of the following: loss of health, life or
property from fire, explosions, noxious gases and other dangers or
hazards of fire.
C. To provide protection against fire, explosion and other fire hazards
in the interest of the public health, safety, and general welfare.
D. To define and limit the powers and duties of those officers and bodies
that are assigned responsibilities under this article.
E. To require prompt occupancy safety inspections even without a warrant
if emergency conditions exist.
All prior ordinances of the Borough of Ingram or parts of ordinances
conflicting herewith are hereby repealed; however, such repeal shall
not affect any act done or any liability or violation accrued under
any such prior ordinance herein repealed or superseded and all such
liabilities or violations shall continue and may be enforced in the
same manner as if such repeal or supersession had not been made; and
any offense or violation committed and any penalty or forfeiture incurred
under such ordinance herein repealed or superseded may be prosecuted
in the same manner as if this article had not been approved.
In the construction of this article, the rules and definitions
contained in this section shall be observed and applied, except when
the context clearly indicates otherwise:
A. Words used in the singular shall include the plural, and the plural
the singular.
B. Words used in the present tense shall include the future tense.
C. Words used in the masculine gender shall include the feminine and
neuter.
D. The word "person" includes corporations, associations and partnerships
and other similar entities.
E. The word "shall" is always mandatory and not discretionary.
F. The word "may" is permissive.
G. This article shall be liberally construed to accomplish its purpose
to protect the public's health, safety and welfare.
H. That the Borough intends to favor the public interest as against
any private interest.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein:
AGENT FOR AN OWNER
Any person who provides written proof that he is authorized
to act on behalf of a property owner.
APARTMENT
A part of a house, apartment house or other dwelling occupied
by a tenant, while the rest is occupied by another or others.
APARTMENT HOUSE
A building arranged in several suites of connecting rooms,
each suite designed for independent housekeeping, but with certain
mechanical conveniences such as heat, light, or elevator services
in common to all tenants occupying the building.
CODE
The Uniform Construction Code and the International Property
Maintenance Code of 2009 and all referenced Codes that are included,
as subsequently amended and/or revised.
COMMERCIAL
Engaging in a business, enterprise, activity or other undertaking
for profit.
COMMERCIAL PROPERTY
A property, whether owned or rented, consisting of a space
or storeroom, which is occupied by a commercial business.
DWELLING UNIT
A single unit providing complete, independent living facilities
for one or more tenants, including permanent provisions for living,
sleeping, eating, cooking and sanitation. All rooms comprising a dwelling
unit shall have access through an interior door to other parts of
the dwelling unit.
EMERGENCY
A serious, unexpected and potentially dangerous event, circumstance
or condition to persons and/or property event or situation requiring
immediate action.
LANDLORD
A person who receives rent and leases a dwelling unit or
a rooming unit in a boarding, lodging or tourist home to a tenant
for a period of time.
LEASE
Any agreement which gives rise to the relationship of landlord
and tenant.
MANAGER
A person who has charge of a dwelling unit or a rooming unit
in a boarding, lodging or tourist home.
OCCUPANCY SAFETY INSPECTION
An inspection conducted by an occupancy safety inspector
to determine a residential rental unit's or commercial properties'
compliance with the Code.
OCCUPANCY SAFETY INSPECTOR
The duly appointed individual or agent of the Borough of
Ingram having the duty to enforce the provisions of this article.
The occupancy safety inspector may be appointed by resolution of Borough
Council. Borough Council may change the duly appointed occupancy safety
inspector from time to time by resolution.
OWNER
Every person who has a property right in a multifamily dwelling,
apartment house, rooming house and commercial property and every person
who owns, has, keeps, rents, leases or maintains a multifamily dwelling,
rooming house and commercial property, including a boarding, lodging
or tourist home charging rent to tenants.
PERMIT
A rental safety occupancy permit.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
RENT
Consideration paid for use or occupation of property. A stated
return or payment for the temporary possession or use of an apartment,
dwelling unit or commercial property. To obtain temporary possession
and use of an apartment, dwelling unit or commercial property in return
for a stated payment, usually at fixed intervals.
RENTAL SAFETY OCCUPANCY PERMIT
A certificate or document issued by the occupancy safety
inspector which is required for the lawful rental and occupancy of
any residential rental unit or occupancy and/or rental of a commercial
property.
RESIDENTIAL RENTAL UNIT
A rooming or dwelling unit let for rent under a rental agreement
and/or lease with a tenant. Residential rental units include, but
are not limited to, a dwelling unit, a rental unit, a rooming unit,
a rooming house, boarding, lodging or tourist home, an apartment,
apartment house, garden apartments, a single-family dwelling, a duplex,
a bed-and-breakfast establishment, a multiple dwelling or a townhouse
or a row house.
ROOMING UNIT
A room or rooms constituting a separate, independent housekeeping
unit that is physically separate from any other room, dwelling unit,
or rooming unit in the same structure. The rooming unit shall contain
living and sleeping facilities, but not cooking or eating facilities,
and shall be occupied by no more than one family.
TENANT
A person who pays rent and leases a dwelling unit, commercial
property or a rooming unit in a boarding, lodging or tourist home
from a landlord for a period of time.
TOWNHOUSE or ROW HOUSE
Dwelling units attached to each other by party or common
walls, with each unit having individual access and rear common or
private garden orientation.
No person shall rent or lease a residential rental unit or commercial
property in the Borough of Ingram to any tenant unless he/she/it obtains
and holds a current, unrevoked rental safety occupancy permit issued
by the occupancy safety inspector in its, his or her name, for the
specified residential rental unit or property. It is the specific
intent of the Council in adopting this article that commercial property,
as defined herein, shall be subject to the requirements of this article
irrespective if a commercial property is leased, owner-occupied or
otherwise occupied.
Prior to the issuance of a rental safety occupancy permit or
if the occupancy safety inspector denies renewal of a permit, the
applicant, owner, landlord, manager or agent for an owner shall not
be issued a rental safety occupancy permit until all violations noted
on the notice of violation are corrected, as required. Every rental
safety occupancy permit shall be issued for a period of 12 months
unless sooner revoked.
A rental safety occupancy permit shall not be transferred. In
the case of a permit for a residential rental unit or commercial property
that is sold or transferred, the new owner shall seek a rental safety
occupancy permit for each residential rental unit and commercial property
and have each residential unit and commercial property inspected.
Failure to secure a rental safety occupancy permit for a residential
rental unit or commercial property within 60 days of the date of sale
or transfer or ownership shall result in the revocation of the existing
rental safety occupancy permit applicable to each unit.
The following regulations are hereby adopted for the issuance
of the rental safety occupancy permit:
A. Pennsylvania law governs. The International Fire Code of 2009, as
subsequently amended and/or revised, and the International Property
Maintenance Code of 2009, as subsequently amended and/or revised,
or any other law of the Commonwealth of Pennsylvania or by regulations
departments or agencies of the Commonwealth.
B. Occupancy safety inspection mandatory. The Borough occupancy safety
inspector shall not issue a rental safety occupancy permit until he/she/it
has first performed an occupancy safety inspection of the residential
unit or commercial property for the purposes of ensuring compliance
with this article and the Code.
C. Inspections to be conducted at reasonable times with prior notice
to residents; display of proper credentials required. All occupancy
safety inspections under this article shall be conducted at reasonable
times with prior notice to the applicant, owner, landlord, manager,
tenant, or agent for the owner and subject to constitutional restrictions
on unreasonable searches and seizures. Prior to seeking entry to conduct
an occupancy safety inspection, the Borough occupancy safety inspector
shall display proper credentials which shall have been approved by
Borough Council.
D. Procedure if entry to permit lawful occupancy inspection is refused.
If entry is not obtained or upon the refusal of an applicant, owner,
landlord, manager, tenant, or agent for an owner applying for a rental
safety occupancy permit to permit entry to conduct the occupancy safety
inspection mandated under this article, the safety inspection shall
not be conducted and the occupancy safety inspector is hereby authorized
to pursue recourse as provided by law.
E. Expiration of permits and renewals. Each permit shall expire 12 months
after the date of issuance. A permit may be renewed only by making
application as provided in this article. Applications for renewal
should be made at least 30 days prior to the expiration date and,
when made fewer than 30 days before the expiration date, the pendency
of the application will not prevent the expiration of the permit.
F. Nonresident applicants. No permit shall be issued or renewed to a
nonresident applicant unless such applicant designates, in writing,
to the occupancy safety inspector, the name of his agent for receipt
of service of any notice or violation and for service of process.
The fee for the application for a rental safety occupancy permit
shall be set by Borough Council and may be modified, from time to
time, by resolution. The annual fees for both inspection and a permit
are set forth on Exhibit A attached hereto and incorporated herein. The fees set forth on Exhibit A shall remain in full force
and effect and may be modified from time to time by resolution of
Borough Council.
No provision of this article shall prevent the Borough from
instituting proceedings and seeking relief in the courts of equity
of the Commonwealth if the Borough shall deem such action necessary
to avail any violations of this article which constitutes a public
nuisance.
The provisions of this article are severable and if any of its
provisions or any part of any provisions shall be held unconstitutional
or otherwise held to be invalid, the decision of the Court shall not
affect or impair any of the remaining provisions. It is hereby declared
to be the intent of the Borough Council that this article would have
been enacted had such unconstitutional provisions or parts thereof
not been included herein.