[HISTORY: Adopted by the Board of Supervisors of Falls Township 12-27-1984 by Ord. No. 84-6; amended in its entirety 1-18-2021 by Ord. No. 2021-01[1]. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also amended the title of this chapter, which was formerly Housing Standards.
A certain document, known as the "International Property Maintenance Code/2006," is adopted and incorporated by reference as the Property Maintenance and Housing Standards Code of the Township of Falls, as it may be amended in the future.
The following information shall be included in and as part of the text of the aforesaid International Property Maintenance Code:
A. 
"The Township of Falls" shall be the name and jurisdiction in Section 101.1.
B. 
(Reserved)
C. 
The penalty Section 106.4 shall be replaced with:
106.4 Violation penalties: Any person, firm or corporation who violates any provision of this chapter shall, upon conviction in a summary proceeding before any District Justice of Bucks County, be punishable by a fine of not more than $1,000 and costs of prosecution for each and every offense or, upon default in payment of the fine and costs not caused by indigence or lack of sufficient assets, by imprisonment in the Bucks County prison for a period not to exceed 30 days. Each day that such violation is continued after notice shall constitute a new and separate offense, punishable by like fine, penalty or imprisonment, and further notices to the offender shall not be necessary in order to constitute such continuance as an additional offense or offenses.
D. 
Section 111.2, relating to the Appeals Board, shall be modified by deleting the words: "A minimum of three members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The Code Official shall be an ex-officio member but shall have no vote on any matter before the Board. The Board shall be appointed by the chief appointing authority and shall serve staggered and overlapping terms," and substituting the words "the Board of Supervisors."
E. 
Section 111.2.1, entitled "Alternate members," shall be deleted in its entirety.
F. 
Section 302.4, entitled "Weeds," shall be amended to not allow weeds or plant growth in excess of 10 inches.
G. 
Section 302.8, entitled "Motor vehicles," shall be amended to allow no more than one inoperative or unlicensed motor vehicle to be parked, kept or stored on any premises for a period not to exceed six months from date of notice from an authorized Township official indicating the presence of such vehicle.
H. 
Section 304.14, entitled "Insect screens," shall be amended to include the dates of April 1 to November 1 for the installation of tightly fitting screens on every door, window and other outside opening.
I. 
Section 602.3, entitled "Heat supply," shall be amended to include the dates of October 1 to June 1 for the supply of heat.
J. 
Section 602.4, entitled "Occupiable work spaces," shall be amended to include the dates of October 1 to June 1 for the supply of heat.
K. 
The Township of Falls Fee Schedule shall be attached as an addendum to Section 138-9, entitled "Fees."
A. 
Prior to the dwelling unit's being occupied by a new owner, the Township must receive a completed:
(1) 
Heating system certification;
(2) 
National Fire Protection Association (NFPA) 211, Level 2 certification of the fireplace/heater, chimney, flue and vent;
(3) 
Sewer lateral inspection certificate;
(4) 
Certificate issued by an approved electrical underwriter indicating that the electrical service panel has been inspected and complies with the National Electrical Code; and
(5) 
Residential safety form indicating the presence of working smoke/carbon monoxide detectors and also that the house-identifying numbers comply with Chapter 162 of the Falls Township Code, "Numbering of Buildings."
B. 
In addition, the new owner shall be provided a copy of Chapter 157 of the Falls Township Code of Ordinances related to noxious plants and weeds.
Notwithstanding any inspection or inspections mandated by the code, and in addition thereto, the Code Official shall make annual inspections of residential multiple-family dwelling common areas. Common areas include, but are not limited to, inside areas such as hallways, corridors, stairways, laundry rooms, clubhouses and common rooms and outside areas such as sidewalks, parking lots, common green areas, athletic courts, etc.
Notwithstanding any inspection or inspections mandated by the code, and, in addition thereto, the Code Official shall make inspections prior to a nonresidential building or portion thereof being occupied by a new owner, being occupied by a new tenant or when there is a change in use. Inspections shall include building, fire and electrical.
Each vacant structure shall be inspected on a regular basis.
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
DWELLING
See definition of dwelling, § 209-5.
LANDLORD
A person which leases as lessor to a tenant any residential rental property and the use or occupancy of which continues for a period in excess of 30 days.
RESIDENTIAL RENTAL PROPERTY
Any residential dwelling unit, including but not limited to residential dwelling units in a house, townhouse, row house, duplex, twin, apartment building or complex, condominium, multiple-family property, rooming house or mobile home, and any building or group of buildings containing any such residential dwelling units, from which the owner derives income or any other consideration for tenants residing at such residential dwelling units. This is evidenced by a written or oral contract, lease, sublease or agreement for residential property only and does not include any rental property for industrial, commercial or business use nor does this include any hotel, motel, bed-and-breakfast, or any other business licensed to provide transient lodging to overnight guests for less than 30 days.
TENANT
A person who has the use or occupancy of a residential dwelling unit within a residential rental property for a period exceeding 30 days, regardless of the payment of monetary consideration associated with the use or occupancy of the residential rental property.
B. 
Establishment of residential rental license.
(1) 
All owners of residential rental properties in Falls Township shall make application to Falls Township Code Enforcement Department, on or before April 15 of each calendar year, for the issuance of a residential rental license under this chapter. A separate application shall be required for each residential rental property under this chapter.
(2) 
At the time of application, the owner shall provide the Code Enforcement Department a list of tenants proposed to reside in the residential rental property for the calendar year. The tenant list shall include all of the following: the full legal name of all tenants; the current address of the tenants and/or emergency contact information for each tenant.
(3) 
The tenant list shall be updated any time that a change of tenant occurs during the term of the residential rental license. Failure to update the tenant list shall constitute a violation of this chapter.
(4) 
Every application shall be accompanied by the tenant list required under this chapter, a copy of any residential rental license issued for the residential rental property by Falls Township, the name and contact information of the landlord or their designated property manager, and the license fee required for the residential rental license.
(5) 
A residential rental license issued under this chapter shall be valid for a period of one year and may be renewed upon application. All residential rental properties seeking renewal of a residential rental license must comply with all terms and conditions of this chapter.
(6) 
A residential rental license under this chapter shall not be subject to transfer or assignment without the written consent of Falls Township which consent shall not be unreasonably withheld.
C. 
Inspections.
(1) 
A residential rental property is subject to inspection when any of the following occur:
(a) 
First application for a residential rental license;
(b) 
Rental to a new tenant or every three years if a residential rental property has not had a residential rental property inspection for three years.
(2) 
Upon every first application for a residential rental license under this chapter, the Code Enforcement Department shall perform an inspection of the residential rental property subject to the application to ensure that the residential rental property meets all of the requirements of the Code of Falls Township, including, but not limited to, the International Property Maintenance Code, the Uniform Construction Code, the International Fire Code, the Zoning Ordinance, the Subdivision and Land Development Ordinance, the terms and conditions of this chapter, and any and all other applicable provisions of the Code of Falls Township or the laws of the commonwealth.
(3) 
Any residential rental property proposed to be issued a residential rental license under this chapter, in addition to any other relevant requirements, must demonstrate compliance with the following standards:
(a) 
Each dwelling unit must have at least one habitable room not less than 120 square feet.
(b) 
All spaces, other than kitchens, must contain a minimum of 70 square feet to be considered habitable spaces.
(c) 
Bedrooms must contain a minimum of 70 square feet, plus an additional 50 square feet for each additional person occupying the same room.
(d) 
No basement space may be considered habitable unless it meets the requirements for secondary means of egress/escape as defined by the applicable Falls Township Building or Property Maintenance Code.
(4) 
The Code Enforcement Department shall schedule inspections of residential rental properties under this chapter with a minimum of 10 days' advance notice. Nothing in this chapter shall be deemed to limit or restrict the ability of Falls Township to conduct inspections of any residential rental property as deemed necessary to enforce any portion or part of the Code of Falls Township or the laws of the commonwealth. The applicant is responsible for the payment of any and all costs of the inspection, as fixed from time to time by resolution of the Falls Township Board of Supervisors.
(5) 
Upon successful completion of all requirements of this chapter, the Code Enforcement Department may issue an appropriate residential rental license. Residential rental properties which fail to meet the requirements of this chapter shall not qualify for issuance of a residential rental license, unless the residential rental property is brought into compliance with this chapter. A reinspection fee shall be paid by any owner seeking a second or subsequent inspection under an application for an annual residential rental license prior to the Code Enforcement Department conducting such inspection.
(6) 
Beginning in 2021, and continuing thereafter, properties subject to a residential rental license under this chapter shall be inspected as provided herein whenever there is a rental to a new tenant or, if a residential rental property has not had an inspection for a new tenant, every three years. The Department shall have discretion to schedule inspections of licensed properties consistent with this chapter. Failure to schedule an inspection when there is a rental to a new tenant or failure to comply with a notice from the Code Enforcement Department regarding the scheduling conduct of a mandatory inspection because the residential rental property has not received a new tenant in three years under this chapter may result in suspension and/or revocation of any residential rental license under this chapter. Inspections under this subsection shall be subject to such fees and charges as set by Falls Township for inspections and/or reinspections, as applicable.
(7) 
A certificate of occupancy will be issued after a residential rental property inspection is conducted due to a change in tenancy.
D. 
Landlord responsibilities. As a condition of any residential rental license issued pursuant to this chapter, each landlord shall be responsible to ensure that a property which is subject to a residential rental license meets all requirements of this chapter, the Code of Falls Township, including the property maintenance, grass, garbage collection, recycling, snow and ice and other provisions, and shall be subject to any and all relevant enforcement and penalty provisions associated therewith.
E. 
Revocation of residential rental license.
(1) 
Any landlord who violates any term, condition or provision of this chapter, in addition to the penalties set forth hereunder, shall be subject to revocation of any residential rental license issued under this chapter.
(2) 
Any residential rental property licensed under this chapter that is determined to be a nuisance shall be subject to revocation. A nuisance property shall be any residential rental property which is in violation of the Township property maintenance requirements by being in a substantial state of uncleanliness, disorder or disrepair; any residential rental property substantially damaged by fire, flood or other natural disaster; any residential rental property determined to be uninhabitable by the Code Official.
(3) 
The determination to revoke a residential rental license under this chapter shall be made by the Building Code Official. Written notice of revocation of a license issued under this chapter shall be given to the license holder not less than 15 days prior to the proposed effective date of the revocation. The Building Code Official shall provide written notice of revocation by personal service or registered mail to the address designated in the application for the license.
(4) 
Any property which has been subject to revocation of a residential rental license under this chapter shall not be eligible for a new or renewal residential rental license for a period of not less than three years. Further, any landlord who has been subject to revocation of a residential rental license under this chapter shall be deemed ineligible to hold (individually or as a member, shareholder, officer, director or partner in any limited liability company, corporation, partnership, limited partnership, limited liability partnership or any other entity) a residential rental license for any new or additional residential rental property for a period of not less than three years. Any entity, as herein described, which is associated in any manner with a landlord who has been subject to revocation under this chapter shall be deemed ineligible during any such period of association.
F. 
Residential rental license hearings. Any person aggrieved by an order of the Code Official granting, denying, renewing or revoking a residential rental license subject to the provisions of this chapter may file a written request for a hearing before the Board of Supervisors within 20 days after notice or order was served. The Board of Supervisors shall give notice of a public hearing upon this request to be held in not less than 20 days after service of the notice of the person requesting the hearing. Procedures shall follow the means of appeal as specified in the International Property Maintenance Code. At such hearing the Board of Supervisors shall determine whether the granting, denial, renewal or revocation of the residential rental license was in accordance with the provisions of this chapter and shall issue an order which will be filed with the Township Secretary and served upon all parties appearing or represented at said hearing.
A. 
The fee for the aforesaid multiple-family dwelling annual common area inspection shall be in accordance with a Fee Schedule passed by the Board of Supervisors from time to time.
B. 
The fee for a vacant structure shall be in accordance with a Fee Schedule passed by the Board of Supervisors from time to time.
C. 
The fee for a residential rental license shall be in accordance with a Fee Schedule passed by the Board of Supervisors from time to time.
D. 
The fee for a residential inspection and reinspection shall be in accordance with a Fee Schedule passed by the Board of Supervisors from time to time.
The Building Code Official, the Code Enforcement Officers and the Fire Marshal of Falls Township shall be Code Officials for purposes of the code.