[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:
BUSINESS BUILDING
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.
HEALTH OFFICER
The legally appointed Health Officer, Director of Health, any duly authorized representative thereof, and any qualified member of the Upper Darby Township Health Department.
OCCUPANT
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.
OWNER
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.
RAT ERADICATION
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.
RAT HARBORAGE
Any condition which provides shelter or protection for rats, thus favoring their multiplication and continued existence in, under or outside of any structure.
RATPROOFED
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.
RESIDENCE BUILDING
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
Section 103.5, Fees.
Amended by striking "the following schedule" and inserting "the most recent Upper Darby Fee Schedule."
F. 
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. 
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. 
Section 106.5, Abatement of violation.
Amended by striking "legal officer of the jurisdiction" and inserting "Township Solicitor."
I. 
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. 
Section 108.1.5, Dangerous structure or premises.
Amended by striking "becomes a harbor for vagrants, criminals, or immoral persons."
K. 
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. 
Sections 111.2 through 111.8 are deleted in their entirety.
M. 
Section 112, Stop Work Order, is deleted in its entirety.
N. 
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. 
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. 
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. 
Section 302.4, Weeds, is amended by striking "[JURISDICTION TO INSERT HEIGHT IN INCHES]" and inserting "10 inches (254 mm)."
R. 
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.
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;
2.
The root system is contained within a properly constructed and maintained barrier system; or
3.
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.
S. 
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. 
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. 
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. 
Section 304.14, Insect screens, is amended by striking "from [DATE] to [DATE]" and inserting "from April 15 to October 15."
W. 
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. 
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. 
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. 
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. 
Section 401.3, Alternative devices, is amended by striking "International Building Code" and inserting "currently adopted series of construction codes."
BB. 
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. 
Section 502.2, Rooming houses, is amended by striking "each four rooming units" and inserting "for each rooming unit."
DD. 
Section 502.5, Public toilet facilities, is amended by striking "International Plumbing Code" and inserting "currently adopted plumbing code."
EE. 
Section 503.4, Floor surface, is amended by striking "In other than dwelling units."
FF. 
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. 
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. 
Section 507.1, General, is amended by adding at the end the following: "Sump pumps shall not drain into sanitary sewer lines."
II. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
Section 605.3, Luminaires, is amended to strike "one electric luminaire" and insert "switch-controlled lighting outlet."
QQ. 
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. 
Section 702.1, General, is amended by striking "Means of egress shall comply with the International Fire Code."
SS. 
Section 702.2, Aisles, is amended by striking the entire section and inserting "The required width of aisles shall be unobstructed."
TT. 
Section 702.3, Locked doors, is amended by striking "International Building Code" and inserting "currently adopted building code."
UU. 
Section 704.1, General, is amended by striking "in accordance with the International Fire Code."
VV. 
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. 
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. 
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. 
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. 
Chapter 7: Fire Safety Requirements is amended by inserting after Section 704 the following:
SECTION 705
FIRE SAFETY INSPECTIONS
Section 705 General
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.
Section 705.1. Frequency of inspections.
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.
Section 705.1.1. Report of inspection.
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.
Section 705.2. Inspection fees.
The Township shall charge every commercial property within the Township a registration/inspection fee as set forth in the designated Fee Schedule.
Section 705.3. Recordkeeping.
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.
AAA. 
The 2015 International Property Maintenance Code is amended by inserting:
CHAPTER 9
RENTAL DWELLING LICENSE
Section 901 Inspection of Rental Dwelling Units Prior to Occupancy.
901.1 Inspection of rental dwelling units required.
a.
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.
b.
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.
Section 902 Licensing of Dwelling Units.
902.1 License Required.
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.
902.2 Issuance of license.
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.
902.3 License application.
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.
902.4 Inspections.
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.
902.5 License fee.
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.
902.6 Information required.
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.
902.7 Information required where owner is domiciled outside of Pennsylvania.
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.
902.8 License renewal.
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.
902.9 Display of license; transfer.
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.
902.10 Recordkeeping.
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.
902.11 Notice of violation.
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.
902.12 Reinspection; license suspension.
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.
902.13 Appeal.
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.
902.14 Reinstatement of license.
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.
BBB. 
The 2015 International Property Maintenance Code is amended by inserting:
CHAPTER 10
SALE OF PROPERTY
1001.1 Resale Certificate Required.
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.
1001.2 Exemptions.
The following residential transactions are exempt from obtaining a resale certificate:
1.
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.
2.
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.
3.
From one co-owner to one or more other co-owners.
4.
Made to a spouse or to a person or persons in the lineal line of consanguinity of one or more of the transferors.
5.
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.
6.
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.
7.
Of a property to be converted by the buyer into a use other than residential use or to be demolished.
8.
Of unimproved real property.
1002 Resale Certificate Information.
1002.1 Required Information.
The L&I Department shall, when appropriate pursuant to Section 1004 hereof, issue a resale certificate which shall contain the following certification:
1.
A description of the zoning district classification of the real property intended to be sold;
2.
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;
3.
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.
1002.3 Inspections.
1002.3.1 Residential Properties (Less than three dwelling units).
All residential properties being sold will have the following inspections performed:
1.
A full exterior and interior inspection of the property will be performed to determine compliance with applicable sections of this Code.
2.
Determine that the property has no open complaints, open permits, or outstanding liens or fees owed to the Township.
3.
A visual sewer lateral inspection and report as per Ordinance 3070 is required to be performed by an approved agency.
1002.3.2 Commercial Properties (Includes residential with more than three dwelling units).
All commercial properties being sold will have the following inspections performed:
1.
A full exterior and interior inspection of the property will be performed to determine compliance with applicable sections of this code.
2.
Determine that the property has no open complaints, open permits, or outstanding liens or fees owed to the Township.
3.
A visual sewer lateral inspection and report as per Ordinance 3070 is required to be performed by an approved agency.
1003 Violations.
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:
1.
If the municipal inspection reveals at least one nonsubstantial violation, a conditional resale certificate/temporary use and occupancy certificate shall be issued.
2.
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.
3.
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.
1004 Fees.
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.
1005 Application, Notification, and Issuance.
Section 1005.1 Time Period.
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.
1005.2 Required Information.
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.
1005.3 Notification.
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.
1005.4 Issuance.
The completed resale certificate or conditional resale certificate shall be emailed to all parties that have provided an email address on the application.
1006 Fines.
Fines for violations of this Code will be set by resolution of Township Council, which shall be amended from time to time.