[Adopted 10-14-1996 by Ord. No. 2002; amended in its entirety 1-9-2023 by Ord. No. 3297]
The Township of Whitehall hereby adopts the International Property Maintenance Code (hereinafter referred to as "code"), with certain additions, amendments, deletions and insertions as hereinafter set forth. Copies of the code and of this article are filed in the office of the Township. The code and this article shall collectively be considered and referred to as the "code" both herein and in the code.
A. 
The following insertions shall be made in the code at the places hereinafter indicated:
(1) 
Section 101.1, Title, shall be amended to read:
101.1 Title. These regulations shall be known as the "Property Maintenance Code of Whitehall Township," hereinafter referred to as "this code."
(2) 
Section 104, Fees, shall be amended to read:
103.5 Fees. The fees for activities and services performed by the Department in carrying out its responsibilities under this code shall be as indicated in the Whitehall Township Fee Schedule, as amended from time to time.
(3) 
Section 107, Means of Appeal, shall be amended to add the following subsection:
107. Means of Appeal.
107.5 Application for appeal. Any person affected by a decision of the Code Official by notice or order issued under this code shall have the right to appeal to the Whitehall Township Building Code Board of Appeals pursuant to and consistent with the practices and procedures established for or by such Board. An application for appeal shall be based on a claim that the true intent of this code or ordinance or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code or ordinance do not fully apply, or the requirements of this code or ordinance are adequately satisfied by other means. The application shall be filed on a form obtained from the Department of Operations within 20 days after the decision of the Code Official or 20 days after the notice was served.
(4) 
Section 109, Violations, Subsection 109.3, Prosecution of Violation, shall be amended to read:
109.3 Prosecution of Violation. Any person failing to comply with a notice of violation or order served in accordance with this code shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality in accordance with state and local law, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
Any person who shall violate a provision of this code, or fail to comply with any of the requirements thereof, shall be prosecuted to the fullest extent as permitted by state and local laws. Any person, firm, or corporation who shall violate any provision of this code shall, upon conviction thereof, be subject to a fine of not more than $1,000 or imprisonment for a term not to exceed 30 days, or both. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense. Each subsequent violation shall be subject to applicable state and local laws and all remedies shall be cumulative.
(5) 
Section 302, Exterior Property Areas, Section 302.1 Sanitation, shall be amended to read:
302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe, sanitary condition. This includes the regular removal of debris, dirt and litter, as well as the regular, routine maintenance of all structures in the exterior area, such as parking lot lights on commercial property and the containment of all shopping/grocery carts. It shall be the joint responsibility of both the occupant and the owner to keep that part of the exterior property which the occupant occupies, controls, or allows parking in a clean and sanitary condition.
(6) 
Section 302.4, Weeds, shall be amended to read:
302.4 Weeds.
302.4.1 Definition. The term "weeds," as used in this part, shall be defined as all uncultivated grasses, annual plants and vegetation, and any uncultivated plant or vegetable growth which is injurious to health, diffuses obnoxious or commonly offensive odors, diffuses pollen in such amount as is unhealthful to persons with serious allergies, is a threat to agriculture, is recognized as an invasive species (exotic or native), or is otherwise offensive to the health, safety, or welfare of the community. It shall include any vegetation that conceals or creates any unsanitary condition.
(1)
It also includes, but is not limited to, plants listed under Section 3(b) of the Pennsylvania Noxious Weed Control Law [3 P.S. § 255.3(b)] and those listed below:
Scientific Name
Common Name
Cannabis sativa
Marijuana
Lythrum salicaria Complex
Any nonnative Lythrum, including Lythrum salicaria and Lythrum virgatum, their cultivars and any combination thereof
Cirsium arvense
Canadian thistle
Rosa multiflora
Multiflora rose
Sorghum halepense
Johnson grass
Carduus nutans
Musk thistle
Cirsium vulgare
Bull thistle
Datura stramonium
Jimson weed
Polygonum perfoliatum
Mile-a-minute
Puerria lobate
Kudzuvine
Sorghum bicolor cv. drummondii
Shattercane
Heracleum mantegazzianum
Giant hogweed
Galega officinalis
Goatsrue
(2)
It also includes, but is not limited to, plants considered serious threats in Pennsylvania by the Pennsylvania Department of Conservation and Natural Resources (DCNR) and the Wildlands Conservancy:
Scientific Name
Common Name
Alliaria petiolata
Garlic mustard
Carduus nutans
Musk thistle
Cirsium arvense
Canada thistle
Cirsium vulgare
Bull thistle
Datum stramonium
Jimsonweed
Galega officinalis
Goatsrue
Heracleum mantegazzianum
Giant hogweed
Lythrum salicaria, L. virgatum
Purple loosestrife
Microstegium vimineum
Japanese stilt grass
Phragmites australis
Common reed
Polygonum (Falopia) cuspidatum
Japanese knotweed
Sorghum bicolor spp. drummondii
Shattercane
Sorghum halepense
Johnson grass
Elaeagnus umbellata
Autumn olive
Lonicera maackii
Amur honeysuckle
Lonicera morrowii
Morrow's honeysuckle
Lonicera standishii
Standish honeysuckle
Lonicera tartarica
Tartarian honeysuckle
Rosa multiflora
Multiflora rose
Acer platanoides
Norway maple
Ailanthus altissima
Tree-of-heaven
Celastrus orbiculatus
Oriental bittersweet
Lonicera japonica
Japanese honeysuckle
Polygonum perfoliatum
Mile-a-minute vine
Pueraria lobate
Kudzu
Humulus japonicus
Japanese Hops
Euonymus alatas
Burning Bush
Hedera helix
English Ivy
Pachysandra terminalis
Japanese Pachysandra
Phalaris arundinacea
Reed Canary Grass
Albizia julibrissin
Mimosa Tree
Paulownia tomentosa
Empress Tree
Pyrus calleryana
Bradford Pear
Buddleja davidii
Butterfly Bush
Ligustrum japonicum, L. obstussifolium, L. sinese, and L. vulgare
Privet
Wisteria sinesis and Wisteria floribunda
Chinese and Japanese Wisteria
Antriscus sylvestris
Wild Chervil
Chelidonium majus
Greater celandine
Ranunculus ficaria
Lesser celandine
Conium maculatum
Poison Hemlock
Coronilla varia
Crown Vetch
Heseperis matronalis
Dame's Rocket
Pastinaca satvia
Wild Parsnip
Berberis thunbergia
Japanese Barberry
B. vulgaris
European Barberry
(3)
This term "weeds" shall not include:
(a)
Any cultivated flowers and gardens, regardless of planting, including, but not limited to, native plantings used for aesthetic and/or wildlife promotion, to attract and aid wildlife, and/or to offset and control any soil loss problems, either occurring or predicted.
(b)
Any growth naturally occurring within the limits of an identified floodplain (as delineated on the FEMA Flood Maps) and not listed above.
(c)
Wetlands or other riparian area, which will be defined as any area of trees, shrubs, or other vegetation along rivers, streams, lakes, or other water bodies that form a transition between land and water environments (also as officially designated).
(d)
Any areas designated and recognized officially by the Township as recreation, conservation or infiltration areas.
(e)
Any areas designated and officially recognized by the Township as "woodland."
302.4.2 Weeds unlawful and a nuisance under certain conditions. No person owning or holding any real estate within the Township shall permit noxious weeds or other undesirable vegetation as defined in this code to grow thereon to a height in excess of 15 inches or to mature their seed thereon, or fail to cut such growth when notified by the Township to do so. Such growth of weeds or other undesirable vegetation is declared to be a nuisance injurious to the public health, safety and welfare. In such cases where real estate exists within the Township which is undeveloped, or is subject to growth of weeds, and is in an area greater than 217,000 square feet (five acres), weeds on such real estate shall be cut or destroyed within an area no less than 100 feet from all boundaries of such property, where such property abuts developed parcels. In addition, such growth shall be cut or destroyed within an area no less than 50 feet from all boundaries of such property, where such property abuts a public right-of-way.
302.4.2.1 All weeds and noxious growth, as defined herein, shall not encroach into the right of way. All such growth shall be maintained pursuant to this section up to the edge of the paved road surface, whether curbed or not. In addition, no shrubbery or similar growth shall encroach into the right of way, which includes sidewalk area.
302.4.3 Township to cut or destroy weeds at expense of defaulting property owner. Should any person refuse, neglect or fail to comply with any of the terms or provisions and requirements of this article or with any notice given in conformity with or pursuant to the provisions hereof, the Township of Whitehall shall, through its own agents, contractors and/or employees cause said weeds or other undesirable vegetation to be cut or destroyed, together with any clean up work to be required. Cuttings will continue throughout the growing season on a routine basis and will be billed to property owner unless and until the property owner commences maintenance of the property. The cost and expense thereof including, but not limited to:
— Administrations and supervision,
— Transportation and equipment,
— Equipment rental,
— Equipment operator,
— Incidental labor,
— Filing fees and associated costs,
shall be certified to the Township Solicitor, who shall enter the same as a lien against the property in the Lehigh County Prothonotary's Office and shall proceed to collect the same in like manner as other municipal claims are by law collectible. An action of assumpsit may be brought to recover the same in the name of the Township from the owner.
(7) 
Section 302.8, Motor Vehicles, shall be amended to read:
302.8 Motor vehicles. Except as provided for in other regulations, not more than one currently unregistered or uninspected motor vehicle shall be parked, kept or stored on any premises, provided that said vehicle shall be completely covered with an opaque tarpaulin, and no vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. No vehicle shall be stored in the grass area of any lawn or parked on an unimproved surface for a period exceeding 48 hours.
(8) 
The following section shall be added to the code:
302.10 Vector control.
302.10.1 Definitions. The following terms shall have the following definitions when used in conjunction with the enforcement of this section:
BREEDING AREA — Any condition that provides the necessary environment for the birth or hatching of vectors.
COLLECTION of WATER — Contained in ditches, pools (all types), ponds (ornamental or otherwise), detention or retention ponds, streams, excavations, holes, depressions, open cesspools, privy vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs, urns, cans, boxes, bottles, tubs, buckets, roof gutters, tanks of flush closets, reservoirs, vessels, tires, junk or receptacles of any kind or other containers or devices which may hold water.
EXTERMINATION — The control and elimination of vectors by eliminating their harborage place; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, fogging, larviciding, trapping or by any other recognized and legal vector control elimination methods approved by the local or state authority having such administrative authority.
HARBORAGE — Any place where vectors can live, nest or seek shelter.
OCCUPANT — Any person over one year of age, living, sleeping, cooking or eating in or actually having possession of a dwelling unit or a rooming unit; except that in dwelling units a guest will not be considered an occupant.
OWNER — Any person who alone or jointly or severally with others: (1) shall have legal title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or (2) shall have charge, care or control of any premises, dwelling or dwelling unit, as owner or agent of the owner, manager or an executor, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article and of the rules and regulations adopted pursuant thereto, to the same extent as if they were the owner.
VECTOR — A rodent, arthropod or insect capable of transmitting a disease or infection. Vectors shall include, but not be limited to, rats, mosquitoes, cockroaches, flies, etc.
VECTOR PROOFING — A form of constructing to prevent the ingress or egress of vectors to or from a given space or building or gaining access to food, water or harborage. This term shall include, but not be limited to, rat proofing, fly proofing, mosquito proofing, etc.
302.10.2 Forbidden acts. It shall be unlawful:
(1)
For any person, firm or corporation to deposit or permit to accumulate in or upon any premises, improved or vacant or any open lot, any boxes, barrels, bottles, cans, glass, scrap iron, wire, metal articles, pipe, broken stone or cement, broken crockery, broken plaster, automotive or other machine parts, tire or rubbish of any kind so that the same shall or may afford food, harborage or breeding areas for mosquitoes, flies, rats or other vectors and thereby create a public health threat; provided, however, that the same may be kept in approved covered receptacles or disposed of as may be approved by the Pennsylvania Department of Environmental Protection.
(2)
To store refuse outdoors in containers other than plastic bags and containers made of durable, watertight, rust resistant material having a tight fitting lid which is kept on the container at all times.
(3)
To have, keep, maintain or cause or permit any collection of standing or flowing water in which mosquitoes breed or are likely to breed, unless such collection of water is treated or maintained so as to effectually prevent such breeding.
(4)
The use, keeping or storage of any upholstered furniture manufactured primarily for indoor use, including but not limited to mattresses and box springs, sofas and chairs, shall be prohibited on any front, back or side unenclosed porch, deck or balcony visible from any public or private place, sidewalk or highway.
302.10.3 Responsibilities of owners and occupants. Owners and occupants shall have the following responsibilities:
(1)
Every owner of a structure containing two or more rental units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof, including all exterior property areas.
(2)
Every occupant of a structure shall maintain same in a clean and sanitary condition that part or those parts of the structure, both interior and exterior premises thereof, that is occupied and controlled.
(3)
Every occupant of a dwelling or commercial structure containing either a single dwelling or commercial unit shall be responsible for the extermination of insects and/or rodents on the premises, responsible for such extermination whenever the unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the occupant to maintain a structure or property in a vector-proof condition, extermination shall be the joint responsibility of the owner and occupant(s) of the structure, or public parts of any dwelling containing two or more dwelling units or commercial structure containing more than one tenant space, extermination shall be the responsibility of the owner.
302.10.4 Vector proofing. A program plan and specifications for private vector control will be required to be submitted as deemed necessary by the Township. Said program plan shall be submitted by the owner or agent of the property or in which said vector control program is or will be conducted. The program plans shall state the type of vectors to be controlled, the name of the company contracted to carry out the program and any and all work to be conducted in an effort to control said vectors. If, after review of the program plan by the Township, it is found to be inadequate or incomplete, additional information may be required as well as additional control methods.
302.10.5 Mosquito control. In an attempt to eliminate potential breeding sites for mosquitoes and to effectuate additional controls for the spread of mosquito-borne disease, all owners of property whereon stormwater detention ponds or other stormwater facilities, ornamental ponds or any other stagnant bodies of water may be required, at the discretion of the Township, subsequent to the effective date of this article, to annually file with the Township a vector control plan, which specifically eliminates potential mosquito breeding sites, by any of the following approved methods:
(1)
Screen collections of water with corrosion-resistant netting of at least 16 meshes to the inch each way; or with other material which will effectually prevent the ingress or egress of mosquitoes.
(2)
Empty collection of water weekly.
(3)
Larvicide collections of water.
(4)
Stock collections of water with larvae-eating fish.
(5)
Eliminate collections of water by filling or draining containers to the satisfaction of the Township.
(6)
Such other methods which may be determined acceptable by the Township or the State Department of Environmental Protection for specific situations not covered above.
Said plan shall be submitted to the Township no later than April 30 of each calendar year, and treatment or action shall commence no later than May 15 and be in effect until the first hard frost of the season or December 1 of that same year, whichever comes first.
302.10.6 Special corrective action. Due to the possibility of the serious impacts of any mosquito-borne illness, should any person, occupant or owner violate the provisions of this section, and fail, within three days of notification, to take corrective action as noted herein, the Township shall perform the necessary corrective action such as noted in this same section and shall charge all costs of same plus any administrative fees against the property owner, or file a lien against said property owner for such costs. Additional enforcement action shall also be commenced.
(9) 
Section 303, Swimming Pools, Spas and Hot Tubs, shall be amended to include the following subsections:
303.3 The top of the barrier shall be at least 48 inches (1,219 mm) above grade measured on the side of the barrier which faces away from the swimming pool. No above ground pool wall can be used as a barrier. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an above-ground pool, the barrier may be at ground level or mounted on the top of the pool structure. Where the barrier is mounted on top of the pool structure, it shall be a minimum of 24 inches (609.6 mm) in height, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches (102 mm).
303.4 Where the barrier for an above-ground pool structure is mounted on top of the pool structure, and the means of access is a ladder or steps:
a.
The ladder or steps shall be capable of being secured, locked or removed to prevent access; or
b.
The ladder or steps shall be surrounded by a barrier which meets the requirements of the International Swimming Pool and Spa Guide, as amended under the PA UCC. When the ladder or steps are secured locked or removed any opening created shall not allow the passage of a 4-inch diameter (102 mm) sphere.
(10) 
Section 304.14, Insect Screens, shall be amended to read:
304.14 Insect screens. During the period from April 1 to October 30, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption areas or any are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition. (All other provisions of this section to remain unchanged.)
(11) 
Section 308, Rubbish and Garbage, subsection 308.3.2, shall be revised as follows and shall add subsection 308.3.3:
a.
308.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times, cause to be utilized, approved leakproof containers provided with close fitting or self latching covers for the storage of materials until removed from the premises for disposal. Furthermore containers shall:
i.
Have sufficient capacity to contain all generated waste.
ii.
Lids must be closed and/or locked at all times when waste is not being deposited or removed from container.
iii.
Be free of odors or leaking fluids.
iv.
Contain hauler's name, logo and identification number in case of need for emergency contact.
b.
308.3.3 Shopping/Merchandise/Grocery Carts. Shopping/Merchandise/Grocery carts shall be defined as any cart or similar vehicle whether motorized or not provided by an establishment for transportation of goods from the establishment to parking area. All shopping/merchandise/grocery carts shall:
i.
Be contained entirely on the premises of the establishment, and shall not be permitted to leave the property. In addition, they must be maintained in corrals or within the main structure. Carts shall not be permitted to be stored randomly throughout the property, in landscaped areas or parking stalls for continuous periods. All establishments providing same must provide conspicuous notice at all entrances and exits that said carts cannot be removed from premises under penalty of fine or citation.
ii.
All carts must be identified in a prominent and conspicuous manner, including the name of the establishment.
iii.
No carts can be deposited or transported on any property that is not the owner's property, and cannot be deposited or allowed to remain in any public right of way.
iv.
Carts removed from the premises must be retrieved by the owner of same within 24 hours, and within 12 hours of notification. Any cart not retrieved will be considered illegal dumping and owner of same will be cited pursuant to the regulations of this chapter.
(12) 
Sections 602.3, Heat Supply, and 602.4, Occupiable Work Spaces, shall be amended to read:
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units, rooming unit, dormitory or guest room on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to April 30 to maintain a temperature of not less than 65° F. (18° C.) in all habitable rooms, bathrooms and toilet rooms. (All other provisions of this section to remain unchanged.)
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to April 30 to maintain a temperature of not less than 65° F. (18° C.) during the period the spaces are occupied. (All other provisions of this section remain unchanged.)
(13) 
The following chapter shall be added to the code:
Chapter 9, Privately Owned Stormwater Management Facilities.
901 General. All privately owned stormwater management facilities shall be maintained in the manner in which they were originally approved, and such facilities shall be continuously operable and able to meet the purpose for which they were originally designed.
902 Types of facilities. All private detention basins, whether above- or in-ground, as well as any piping, inlets, outlets or other structures, swales, channels and any other stormwater management facility required to be constructed as part of the overall development and to serve the purpose of detaining or channeling stormwater into the overall Township system or infiltrating into the ground shall be regulated by this chapter.
903 Vegetation. All vegetation which is not vital to the operation of an infiltration facility shall be kept at a level not to exceed 15 inches in height, and where vegetation was required within the basin, it shall not be allowed to be overrun with weeds, and other vegetation not conducive to the operation of the system. This shall include trees, bushes and other growth which would hamper the operation of the system.
904 Fencing. All detention basins shall be fenced with a minimum six-foot-high fence which meets the same securing standards as that for swimming pools, and such fencing shall be maintained in good repair so as to preclude access to the interior. Any damaged, falling or otherwise deteriorated fencing shall be replaced.
905 Interior liner. The required interior lining of all detention basins must be maintained pursuant to original design to provide maximum effectiveness of the operation of the system.
906 Inspections. All stormwater management facilities will be subject to a triannual inspection by the Township Engineer, and any violations noted shall be required to be corrected within 30 days of written notification of same, or within a time frame acceptable to the Township Engineer. Interim inspections of any facilities may occur as necessary if maintenance issues arise with the facility which hamper the overall operation of same.
(14) 
The following chapter, Chapter 10, Inspections and Certificates of Occupancy, shall be added to the code:
Chapter 10, Inspections and Certificates of Occupancy - Existing Structures
1001 General. Prior to the change in ownership or tenancy of any single-family attached, detached, semidetached or multifamily residential dwelling unit or structure, regardless of compensation, or of any nonresidential structure, including individual lease areas thereof, (collectively referred to hereinafter as the "premises"), the Township shall inspect the premises for compliance with safety and fire code provisions of applicable Township building, plumbing, property maintenance and fire codes (hereinafter referred to collectively as the "Township codes"). No structure may be reused or reoccupied unless and until said inspection has been performed and a new certificate of occupancy issued. It shall be the responsibility of both the current owner and the tenant or the new occupant or owner to have said inspection performed and subsequent certificate issued. Residential property transactions which include the addition or deletion of a party from a deed (i.e., marriage/divorce/death) but not total transfer of the property to a new individual will not be subject to said inspection. A change in ownership of more than 50% of a business entity owning a premises shall also constitute a change in ownership, as used herein.
1001.1 The inspections required hereby shall be conducted after a request therefor has been submitted, in writing, to the Whitehall Township Bureau of Planning, Zoning and Development, and shall be under the direction of this Bureau.
1001.2 Fees. The inspection charges shall be in accordance with the Whitehall Comprehensive Fee Schedule, as found in the codified ordinances of Whitehall Township, as amended from time to time.
1001.3 Deadlines. Subsequent to initial inspection, applicant will have thirty (30) days from the date of the inspection to address all violations noted and schedule required re-inspection. Failure to address violations or schedule re-inspection promptly and allowing property to transfer without the required issuance of Certificate of Occupancy will constitute a violation of this Code. If a new certificate is not issued, no additional inspections are requested, and property does not transfer within 12 months of the initial request, inspection will be considered invalid and a NEW inspection request will be required to be submitted prior to issuance of certificate or property transfer. All certificates must be issued or denied within 60 days of the original request for inspection, unless otherwise authorized by the Township.
1002 Points of inspection.
1002.1 Single-family residences. The following items, in addition to the provisions of the applicable Township codes, will be checked when inspecting an existing single-family residential structure offered for sale or lease:
(1)
Smoke detectors must exist on every floor level and in each bedroom, including basement, and must be operational. Where required, detectors must be interconnected and have battery backup, if the house was constructed after 1993.
(2)
Every exterior and interior flight of stairs having four or more risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches above the floor or grade below shall have guards. Handrails shall not be less than 30 inches high or more than 42 inches high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards, unless otherwise exempted under the PA UCC, shall not be less than 30 inches high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Ramps over six inches (6") in height above the surface below shall also have a guard not less than thirty-six inches (36") high above the walking surface of the ramp. There shall be a landing or platform area for door swing over interior stairs.
(3)
Visible structural damage on chimneys, exterior roofs, decks, fences, windows or any other areas must be corrected. Any such visible damage or suspected structural damage will result in the recommendation to consult with a structural engineer for professional review. Broken or cracked windows must be replaced.
(4)
Proper firewalls must exist on attached units between the units. These firewalls must extend from the ground to the roof.
(5)
If the garage is attached to the house, both the wall and the ceiling next to a living area must have a minimum of one-half-inch thick gypsum wall board or plaster. When no wall or ceiling protection is provided, then a minimum five-eighths-inch thick Type X gypsum wall board must be used. The door leading from the garage to the living area must be a minimum of one-and-three-eighths-inch solid core door or steel with no windows or other openings. This includes the doors from the garage to a basement area.
(6)
There must be a minimum of two wall outlets per room, preferably located on opposite walls. Floor receptacles are not permitted, unless they are compliant with the current version of the International Building Code.
(7)
Any bathroom receptacles which are part of a fixture must be disconnected. Every bathroom shall contain at least one receptacle. All bathroom receptacles shall be GFCI protected.
(8)
Visible electrical violations will be noted and must be corrected, such as missing wall cover plates, open junction boxes and open splices. Any unused openings in electrical box shall be closed, and panel will be checked for proper grounding to water supply piping. The status of the exterior service line to the meter will be checked and must not have worn or damaged service cable.
(9)
Dryer venting must be to exterior of home or other code approved method.
(10)
Sewer, well or septic service is not inspected. However, if an outhouse or cesspool are observed, they will not be permitted to remain. Cisterns may not be connected to the domestic water supply and, if unused, must be secured or abandoned and secured. If property lies within a public sanitary sewer area and previous septic issues are identified, connection to the public system may be required.
(11)
Closet lights which are less than 12 inches from an overhead shelf must either be disconnected or replaced with a completely enclosed surface-mounted fluorescent or LED fixture, or a recessed fluorescent or LED fixture. No new light fixture may be installed less than 6' from a closet storage area unless they are listed and identified for the use.
(12)
An oil burner shut-off switch will be required at the top of basement steps; or on single-level structures, outside the room containing the oil burner unit.
(13)
A minimum 100-amp electrical service will be required.
(14)
Chimney venting must be provided for high-efficiency heaters in unlined chimneys for condensation.
(15)
The street address must be properly displayed on the exterior of the house and be visible from the street, with minimum four-inch high Arabic numerals with a minimum stroke width of 0.5 inch.
(16)
Windows in all sleeping areas must be operational.
(17)
Bathrooms and toilet rooms must have at least one operational window or exhaust fan, vented to the exterior.
(18)
Basement areas must have a concrete floor. Dirt floors are not permitted.
(19)
Hot water heater temperature and pressure valve must be piped to within six inches of the floor, and there shall be no downsizing of pipe, all piping must be of equal size diameter.
(20)
All kitchen countertop receptacles within 6' of the sink area shall be GFCI protected. There shall be a minimum of at least one GFCI receptacle in the kitchen area.
(21)
No multiflue usage will be permitted.
(22)
Plumbing fixtures shall not be in visible disrepair and/or inoperable condition.
(23)
Unoccupied exterior structures less than 1,200 square feet and facilities will not be inspected, but if hazardous conditions are noted they will be required to be addressed. However, swimming pools must be made secure pursuant to these regulations or removed. This includes the provision of required fencing, self-latching gates and approved ladders, and door and/or window alarms, where required.
(24)
All interior and exterior property areas shall be in a clean and sanitary condition, and all areas must be made available for inspection. Prior to any certificate of occupancy being issued, all waste, debris and similar material shall be disposed of appropriately.
(25)
All non-owner-occupied housing must comply with all applicable provisions of Chapter 11, Housing, of the Codified Ordinances with respect to landlord licensing and registration, including, but not limited to, the designation of a responsible party for the maintenance and upkeep of the property. This responsible party must reside or have offices within 10 miles of the geographical boundaries of Whitehall Township and be authorized to accept service on behalf of the legal owner of said property and be authorized to discharge alarms in case of emergency and assume control of the property. Post office boxes are not acceptable.
(26)
Any inappropriate connections to the sanitary sewer system shall be eliminated, including but not limited to sump pumps and roof leaders. Points of inspection for such connections shall be as noted on the CWSA Clear Water Home Inspection guidelines.
(27)
Each dwelling which uses a fossil-fuel-burning heater or appliance, fireplace or an attached garage, must have an operational, centrally located and approved carbon monoxide alarm installed near the bedrooms and fossil-fuel-burning heater or fireplace, pursuant to Pennsylvania Act 121 of 2013, with respect to carbon monoxide detectors.
(28)
Every laundry area shall contain at least one GFCI receptacle without the use of an extension cord. All laundry receptacles shall be GFCI protected.
(29)
All growth must be appropriately maintained on property, and no encroachments may exist into the public rights-of-way. All street trees must be trimmed so that they do not obstruct the light from any streetlight or obstruct other traffic control devices and so that there shall be a clear height of 14 feet above the surface of the street and eight feet over the sidewalk.
1002.2 Multifamily units.
1002.2.1 Units for lease. The following items, in addition to applicable Township codes, will be checked when inspecting an existing multifamily unit offered for lease:
(1)
Smoke detectors must exist on every floor level and in each bedroom, including basement, and must be operational. Where required, detectors must be interconnected and have battery backup, if the house was constructed after 1993.
(2)
Every exterior and interior flight of stairs having four or more risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches above the floor or grade below shall have guards. Handrails shall not be less than 30 inches high or more than 42 inches high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards, unless otherwise exempted under the PA UCC, shall not be less than 30 inches high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Ramps over six inches (6") in height above the surface below shall also have a guard not less than thirty-six inches (36") high above the walking surface of the ramp. There shall be a landing or platform area for door swing over interior stairs.
(3)
Visible structural damage on chimneys, windows or any other areas must be corrected. Any such visible damage or suspected structural damage will result in the recommendation to consult with a structural engineer for professional review. Broken or cracked windows must be replaced.
(4)
Proper firewalls must exist on attached units between the units. These firewalls must extend from the ground to the roof. Existing apartment complexes with more than 20 units that were constructed in accordance with the applicable codes in effect at the time of construction with on-site, 24 hour maintenance personnel will be excepted from this requirement for individual unit rental/lease inspections only.
(5)
There must be a minimum of two wall outlets per room, preferably located on opposite walls. Floor receptacles are not permitted, unless they are compliant with the current version of the International Building Code.
(6)
Any bathroom receptacles which are part of a fixture must be disconnected, and at least one GFCI receptacle must be provided. All bathroom receptacles shall be GFCI protected.
(7)
Visible electrical violations will be noted and must be corrected, such as missing wall cover plates, open junction boxes and open splices. Any unused openings in electrical box shall be closed, and panel will be checked for proper grounding to water supply piping. The status of the exterior service line to the meter will be checked and must not have worn or damaged service cable.
(8)
There must be tenant access to the electrical panel box.
(9)
Dryer venting must be to the exterior of the structure or other code approved method.
(10)
Sewer, well or septic service is not inspected. However, if an outhouse or cesspool are observed, they will not be permitted to remain. Cisterns may not be connected to the domestic water supply and, if unused, must be secured or abandoned and secured. If property lies within a public sanitary sewer area and previous septic issues are identified, connection to the public system may be required.
(11)
Windows in sleeping areas must be operational.
(12)
Street address or unit address must be properly displayed on the exterior of the unit. All exterior doors of a building must be identified with a minimum of four-inch high Arabic numerals with a minimum stroke width of 0.5 inch.
(13)
Bathrooms and toilet rooms must have at least one operational window or exhaust fan, vented to the exterior.
(14)
Hot water heater temperature and pressure valve must be piped to within six inches of the floor and there shall be no downsizing of pipe, all piping must be of equal size diameter.
(15)
Basement areas must have a concrete floor. Dirt floors are not permitted.
(16)
An oil burner shut-off switch will be required at the top of basement steps; or on single-level structures, outside the room containing the oil burner unit.
(17)
Chimney venting must be provided for high-efficiency heaters in unlined chimneys for condensation.
(18)
All kitchen countertop receptacles within 6' of the sink area shall be GFCI protected. There shall be a minimum of at least one GFCI receptacle in the kitchen area.
(19)
No multiflue usage will be permitted.
(20)
Unoccupied exterior structures less than 1,200 square feet and facilities will not be inspected but if hazardous conditions are noted they will be required to be addressed. However, swimming pools must be made secure pursuant to these regulations or removed. This includes the provision of required fencing, self-latching gates and approved ladders, and door and/or window alarms, where required.
(21)
Closet lights which are less than 12 inches from an overhead shelf must either be disconnected or replaced with a completely enclosed surface-mounted fluorescent or LED fixture, or a recessed fluorescent or LED fixture. No new light fixture may be installed less than 6" from any closet storage area unless they are listed and identified for the use.
(22)
Plumbing fixtures shall not be in visible disrepair and/or inoperable condition.
(23)
If the garage is attached to the house, both the wall and the ceiling next to a living area must have a minimum of one-half-inch thick gypsum wall board or plaster. When no wall or ceiling protection is provided, then a minimum five-eighths-inch thick Type X gypsum wall board must be used. The door leading from the garage to the living area must be a minimum of one-and-three-eighths-inch solid core door or steel with no windows or other openings. This includes the doors from the garage to a basement area.
(24)
All interior and exterior property areas shall be in a clean and sanitary condition, and all areas must be made available for inspection. Prior to any certificate of occupancy being issued, all waste, debris and similar material shall be disposed of appropriately.
(25)
All non-owner-occupied housing must comply with all applicable provisions of Chapter 11, Housing, of the Codified Ordinances with respect to landlord licensing and registration, including, but not limited to, the designation of a responsible party for the maintenance and upkeep of the property. This responsible party must reside or have offices within 10 miles of the geographical boundaries of Whitehall Township and be authorized to accept service on behalf of the legal owner of said property and be authorized to discharge alarms in case of emergency and assume control of the property. Post office boxes are not acceptable.
(26)
Any inappropriate connections to the sanitary sewer system shall be eliminated, including but not limited to sump pumps and roof leaders. Points of inspection for such connections shall be as noted on the CWSA Clear Water Home Inspection guidelines.
(27)
Compliance with all provisions of Pennsylvania Act 121 of 2013, with respect to carbon monoxide detectors, is required. Pursuant to this Act, "Each apartment in a multifamily dwelling, which uses a fossil fuel-burning heater or appliance, fireplace or an attached garage, must have an operational, centrally located and approved carbon monoxide alarm installed in the vicinity of the bedrooms and fossil fuel-burning heater or fireplace."
(28)
Every laundry area shall contain at least one GFCI receptacle without the use of an extension cord. All laundry receptacles shall be GFCI protected.
(29)
All growth must be appropriately maintained on property, and no encroachments may exist into the public rights-of-way. All street trees must be trimmed so that they do not obstruct the light from any streetlight or obstruct other traffic control devices and so that there shall be a clear height of 14 feet above the surface of the street and eight feet over the sidewalk.
(30)
A minimum 100-amp electrical service will be required.
(31)
The street or unit address must be properly displayed on the exterior of the unit and where applicable, be visible from the street, with minimum four inch high Arabic numerals with a minimum stroke width of 0.5 inch.
1002.2.2 Multifamily residential units/structures for sale. In addition to those items listed in § 1002.2.1, (units listed for lease), when the unit and/or structure is offered for sale, in addition to applicable Township codes, the following items will be required to be corrected:
(1)
Proper firewalls must exist on attached units between the units. These firewalls must extend from the ground to the roof. Existing sprinklered apartment complexes with more than 20 units that were constructed in accordance with the applicable codes in effect at the time of construction with on-site, 24 hour maintenance personnel will be excepted from this requirement for individual unit rental/lease inspections only.
(2)
Exterior of the building must be free of rubbish, and there may be no obstructions of outside stairs.
(3)
Addresses of buildings and both interior and exterior units must be clearly posted with minimum four-inch Arabic numerals with a minimum stroke width of 0.5 inch.
(4)
Door locks must be per codes and operational. All interior door locks must open without the need for any prior knowledge and without the use of a key for ease of egress in emergency situations.
(5)
All doors must swing in the direction of egress where serving an occupant load of 50 or more persons and must open easily and may not be wedged open.
(6)
Doors must have proper hardware, and passageways must be unobstructed. All doors must be operational and in good working order and condition.
(7)
Exit and emergency lighting must be adequate, operational, and in good working order. Alarm bells or other devices must be undamaged.
(8)
Appropriate number and type of smoke detectors must be provided in all required areas.
(9)
Where required, doors must have self-closures, and there may not be any openings in the ceiling or walls.
(10)
Elevator doors must be tight, and elevators must be operational and possess required Pennsylvania Labor and Industry certification.
(11)
All storage areas must be neat, and any storage of flammable or combustible liquids should be no more than five gallons and must be per Code.
(12)
All boiler and heating rooms must be clean with proper separations and adequate ventilation.
(13)
Fire extinguishers must be properly inspected, and there must be the proper number of extinguishers and they must be sized properly for the area, and accessible for use.
(14)
Where applicable, the documentation that the sprinkler system is operable, as well as fire alarms system, will be required.
(15)
All interior and exterior property areas shall be in a clean and sanitary condition, and all areas must be made available for inspection. Prior to any certificate of occupancy being issued, all waste, debris and similar material shall be disposed of appropriately.
(16)
Any inappropriate connections to the sanitary sewer system shall be eliminated, including but not limited to sump pumps and roof leaders. Points of inspection for such connections shall be as noted on the CWSA Clear Water Home Inspection guidelines.
(17)
Compliance with all provisions of Pennsylvania Act 121 of 2013 with respect to carbon monoxide detectors, is required. Pursuant to this Act, "Each apartment in a multifamily dwelling, which uses a fossil fuel-burning heater or appliance, fireplace or an attached garage, must have an operational, centrally located and approved carbon monoxide alarm installed in the vicinity of the bedrooms and fossil fuel-burning heater or fireplace."
(18)
All non-owner-occupied housing must comply with all applicable provisions of Chapter 11, Housing, of the Codified Ordinances with respect to landlord licensing and registration, including, but not limited to, the designation of a responsible party for the maintenance and upkeep of the property. This responsible party must reside or have offices within 10 miles of the geographical boundaries of Whitehall Township and be authorized to accept service on behalf of the legal owner of said property and be authorized to discharge alarms in case of emergency and assume control of the property. Post office boxes are not acceptable.
(19)
All exterior structures and common areas will be inspected, and all swimming pools and areas must be secured according to current code.
1002.3 Assisted living/nursing facilities. All assisted and skilled care nursing facilities located in the Township shall be required to be inspected annually for compliance with the provisions of this and other applicable codes, by the Building Inspector and the Fire inspector. This inspection shall be performed by April 15 of each year and will require modifications if there are code violations or particular items which need to be addressed pertaining to the specific use. Subsequent to this annual inspection, additional inspections of individual units which are vacated shall not be required. When the structure(s) are determined to be free of violation, the Code Officials shall issue a certificate of occupancy, which shall be posted by the owner or occupant in a conspicuous location. Said certificate shall be valid only for one year from the date of issuance. The following items, in addition to the provisions of the applicable Township codes, will be required to be corrected/provided:
(1)
Smoke detectors must exist on every floor level and/or one at each sleeping area, including basement, and must be operational. Where required, detectors must be interconnected and have battery backup, if the house was constructed after 1993.
(2)
Stair railing must exist on all stairways of two steps or more; this includes both sides if a stairway is an open stairway.
(3)
Proper firewalls must exist between units, where applicable. These firewalls must extend from the ground to the roof.
(4)
Visible electrical violations will be noted and must be corrected, such as missing wall cover plates, open junction boxes and open splices. Any unused openings in electrical box shall be closed, and panel will be checked for proper grounding to water supply piping. The status of the exterior service line to the meter will be checked and must not have worn or damaged service cable.
(5)
There must be a minimum of two wall outlets per room, preferably located on opposite walls. Floor receptacles are not permitted unless they are compliant with the current version of the International Building Code.
(6)
Any bathroom receptacles which are part of a fixture must be disconnected, and at least one GFI receptacle must be provided. All bathroom receptacles shall be GFCI protected.
(7)
Dryer venting must be to exterior of structure or other code approved method.
(8)
Visible structural damage on chimneys, windows or any other areas must be corrected. Any such visible damage or suspected structural damage will result in the recommendation to consult with a structural engineer for professional review. Broken or cracked windows must be replaced.
(9)
Windows in sleeping areas must be operational if they were originally designed as such.
(10)
Street address or unit address must be properly displayed on exterior of unit with minimum of four-inch Arabic numerals, with a minimum stroke width of 0.5 inch.
(11)
Bathrooms must have at least one operational window or exhaust fan.
(12)
Exterior of building must be free of rubbish, and there may be no obstructions of outside stairs.
(13)
Door locks must be per codes and operational. All interior door locks must open without any need for prior knowledge and without the use of a key for ease of egress in emergency situations.
(14)
All doors must swing in the direction of egress where serving an occupant load of 50 or more persons, and must open easily, and may not be wedged open.
(15)
Doors must have proper hardware, and passageways must be unobstructed.
(16)
Exit and emergency lighting must be adequate, and alarm bells must be undamaged.
(17)
Amount and type of smoke detectors will be checked for compliance.
(18)
Where required, doors must have self-closures, and there may not be any openings in the ceiling or walls.
(19)
Elevator doors must be tight, and the elevator operation status will be checked, and must possess required Pennsylvania Labor and Industry certification.
(20)
All storage areas must be neat, and any storage of flammable or combustible liquids should be no more than five gallons and must be per code.
(21)
All boiler and heating rooms must be clean with proper separations and adequate ventilation.
(22)
Fire extinguishers must be properly inspected, and there must be the proper amount of extinguishers and they must be sized properly for the area and accessible for use.
(23)
Documentation of annual test of sprinkler system shall be provided to the Fire inspector.
(24)
No storage of materials shall be permitted in stairwell area.
(25)
Any kitchen areas requiring hoods will be inspected for status. System activation switch will be required in the proper location.
(26)
Documentation of fire/heat resistance status of furniture, bedding, etc., must be presented where no sprinkler system exists.
(27)
A public safety plan will be required to be presented.
(28)
The landlord shall comply with all applicable provisions of Chapter 11, Housing, of the Codified Ordinances with respect to landlord licensing and registration, including, but not limited to, the designation of a responsible party for the maintenance and upkeep of the property. This responsible party must reside or have offices within 10 miles of the geographical boundaries of Whitehall Township and be authorized to accept service on behalf of the legal owner of said property and be authorized to discharge alarms in case of emergency and assume control of the property. Post office boxes are not acceptable.
(29)
Any inappropriate connections to the sanitary sewer system shall be eliminated, including but not limited to sump pumps and roof leaders. Points of inspection for such connections shall be as noted on the CWSA Clear Water Home Inspection Sheet as amended from time to time.
1002.4 Commercial and/or industrial space. For all commercial or industrial establishments offered for sale or lease, an inspection is required by the Building Inspector and the Fire Inspector. This inspection is intended to identify issues which will be required to be addressed prior to any new occupancy of the building, and may result in the issuance of a certificate of use and occupancy or may require modifications if there are code violations or particular items which need to be addressed pertaining to the specific use proposed in the structure. No such structure or space may be used or occupied for business unless and until a certificate of occupancy has been issued, either as a result of this inspection or subsequent to the issuance of a building permit and all construction as required being completed. The following items will be noted on such inspection; however, additional codes may apply:
1002.4.1 All doors, door swings, door closers, door hardware, and force to open doors shall be maintained in proper working order.
1002.4.2 All means of egress (exits) shall be clear and unobstructed. In a multistory building with stairs, all stairs shall be maintained and unobstructed. No storage allowed in stair wells or under staircases.
1002.4.3 All emergency lights and exit lighting shall be maintained in working order. These lights shall operate on normal electrical power and on battery backup power. Exception: buildings provided with an emergency backup generator.
1002.4.4 If a building is required to have a sprinkler system, a copy of the certification test and any annual certification letters shall be provided to the Fire Inspector upon request.
1002.4.5 If the building is required to have a fire alarm system, a copy of the certification test and any annual certification letters shall be provided to the Fire Inspector upon request.
1002.4.6 If the building is required to have a hood suppression system, a state-licensed hood system company shall service the system and supply a certification letter upon request. The hood, ductwork, fan and filters shall be cleaned and if a cleaning service is used, a certificate showing the date of cleaning shall be maintained on the premises.
1002.4.7 Smoke and duct detectors shall be maintained in proper working condition, also with any certification letters made available to the Fire Inspector.
1002.4.8 All fire extinguishers (five pounds ABC or more) shall be maintained by a licensed fire extinguisher company and shall have a current inspection tag signed and dated by the company.
1002.4.9 In addition to the above-mentioned fire extinguishers, if the place of business has a kitchen, there must also be a "Class K" fire extinguisher.
1002.4.10 Any storage near electrical panels and/or mechanical equipment shall be no closer than 30 inches from the equipment. Each breaker in the panel box shall be labeled.
1002.4.11 All electrical panels must have all breakers labeled and any unused breakers must have approved covers.
1002.4.12 Storage of hazardous materials as defined by the Fire Code: secure the necessary permits from the Fire inspector and stored properly.
1002.4.13 All interior finishes shall be maintained.
1002.4.14 All storage and housekeeping practices shall be in neat order and cleanly maintained.
1002.4.15 Occupant load signs shall be maintained and clearly visible in the area for which they apply if required.
1002.4.16 In a tenant space, ceiling tiles shall be removed in a manner suitable for the Fire Inspector to thoroughly inspect existing tenant demising walls.
1002.4.17 International Fire Code, Section 506, Key Boxes, will be enforced. All commercial buildings must have a Knox Box approved by the Fire inspector.
1002.4.18 All accessibility features shall be maintained properly and in accordance with the Code, including but not limited to vehicle parking, access to the building, pedestrian access, restrooms, showers, water fountains, telephones, etc.
1002.4.19 Fire hydrants and Fire Department connections must be free and clear of obstructions and in proper working order.
1002.4.20 Addresses, street or unit numbers must be posted and visible and also include suite number or letters where they apply.
1002.4.21 Property owner is required to register with the Township a responsible party for the maintenance and upkeep of the structure while same remains unoccupied (Exhibit A[1]).
1002.4.22 Property exterior must comply with all provisions of Ordinance 2825, amending the Whitehall Township Zoning Ordinance, with respect to exterior modifications for changes in tenancy or occupancy. This may include required modifications to existing parking areas and landscaping.
1002.4.23 Any and all other required modifications for the use intended to occupy the space pursuant to all applicable Township and State Codes.
1002.4.24 Any inappropriate connections to the sanitary sewer system shall be eliminated, including but not limited to sump pumps and roof leaders. Points of inspection for such connections shall be as noted on the CWSA Clear Water Home Inspection Sheet as amended from time to time.
1003 Abatement of violations.
1003.1 In the event that violations of the Township Ordinances exist in or upon the premises, such violations shall be addressed by either:
(1)
The current property owner or landowner abating the violations prior to the transfer of ownership of the premises or prior to the tenant occupying the premises; or
(2)
The new owner or new tenant executing and notarizing a statement to the effect that:
(a)
The extent of the violations has been made known to such owner or tenant; and
(b)
That such new owner or tenant shall begin to abate the violations within 30 days of taking possession or some other time period deemed acceptable to the Township Building Inspector, but no later than the issuance of a certificate of occupancy.
1004 Certificate of occupancy. Prior to the new owner or tenant taking possession of or occupying the premises, or contemporaneously therewith, such new owner or tenant shall secure from the Whitehall Township Bureau of Planning, Zoning and Development a certificate of occupancy. A certificate of occupancy shall not be issued unless the inspection(s) required by this section has been completed and all violations are abated pursuant to the provisions of § 1003. A temporary certificate of occupancy may be issued at the discretion of the Bureau of Planning, Zoning and Development, so long as corrections or modifications are commenced and pursued with reasonable diligence and within the time limits specified on the face of the temporary certificate of occupancy.
1004.1 Types of Certificates.
a.
Conditional Certificate of Occupancy with occupancy. This certificate will require an escrow deposit and a deadline to secure final certificate.
b.
Temporary Certificate of Occupancy with occupancy. This certificate will require an escrow deposit and a deadline to secure final certificate.
c.
Final Certificate of Occupancy.
1005 No warranty. By conducting the inspections pursuant to this section, the Township does not warrant or guarantee the complete safety or suitability of the dwelling, unit or structure purchased or leased.
1006 Vacant Commercial Structures. When required by the Township, it shall be the duty of the property owner of every commercial or industrial structure to designate and provide information to the Township regarding a local responsible agent for the property. This agent shall reside or have offices within 10 miles of the geographical boundaries of Whitehall Township, and be authorized to accept service on behalf of the legal owner of said property, and be authorized to discharge alarms and assume control of same.
The provisions of this article and of the code hereby adopted, insofar as they are the same as those ordinances and/or codes in force immediately prior to the enactment of this article, are intended as a continuation of such ordinances and codes and not as new enactments. Any code or ordinance or part of any code or ordinance in conflict with this code and this article is hereby repealed. The provisions of this article and the code hereby adopted shall not be construed to affect any suit or proceeding pending in any court, or any rights acquired or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right of remedy of any character be lost, impaired or affected by this code or article.