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.
|
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.
|
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.
|
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.
|
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.
| ||
1002.4.22 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.
|