A certain document, three copies of which are on file in the office of the Township Manager of Horsham Township, being marked and designated as the International Property Maintenance Code, 2021 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of Horsham Township, in the County of Montgomery, Commonwealth of Pennsylvania for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Township Manager are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 164-2 of this chapter.
[HISTORY: Adopted by the Township Council of Horsham Township 11-24-2025 by Ord. No. 2025-06.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 164, Property Maintenance, adopted 4-13-2022 by Ord. No. 2022-01.
The following sections are hereby revised to read as follows:
A.
Section 101.1 Title. Insert "Horsham Township" to replace "[NAME OF JURISDICTION]"
B.
Section 103.1 Creation of agency. Delete and replace with: 103.1 Creation of agency. The Township Code Enforcement Department shall serve as the department of property maintenance, and the Building Code Official (i.e. a Code Compliance Officer) shall serve as the code official under this Chapter 164.
C.
Section 104.1 Fees. Insert "shall be in accordance with the Horsham Township Fee Schedule" to replace "shall be as established by the applicable governing authority."
D.
Section 105 Duties and Powers of the Code Official. Add the following:
105.8 Housing Permit. No person shall lease or rent any dwelling, dwelling unit or rooming unit in the Township without first making application to and obtaining a permit from the code official to rent or lease such dwelling unit or rooming unit. |
105.8.1 Initial Inspection. A housing permit shall be initially issued after an inspection by the code official determines compliance with the standards of this code and all other applicable standards of the Township. |
105.8.2 Term. Housing permits shall be issued for a term of three years and may be renewed for successive three-year terms so long as the unit or units remain in compliance with the applicable standards. |
105.8.3 Periodic Inspections. The Township will inspect all rental units within the three-year permit term. |
105.8.4 Permit Application. A housing permit application shall set forth the name of the applicant, together with the address of the dwelling, the dwelling unit (or units) or the rooming unit (or units) which are or will be offered for rent and such other information as may be required by the code official; such application will constitute an agreement between the applicant and the Township for the faithful compliance by the applicant and all agents, servants, employees or representatives of the applicant with all ordinances, rules and regulations of the Township now in effect or hereafter adopted relating to the basic equipment, physical condition, maintenance and occupancy of dwellings and dwelling units. An amended application shall be submitted for a change of tenant. |
105.8.5 Permit Fees. A housing permit fee shall be paid by the applicant at the time or permit application in accordance with the Horsham Township Fee Schedule. |
105.8.6 Owner or Agent. A housing permit will not be issued or renewed for any person who does not either reside or have an office within 30 miles of the address of the Horsham Township Municipal Building. |
E.
Section 108.1 Membership of board. Is hereby amended to add: All appeals under the Property Maintenance Code shall be made to and heard by the Board appointed pursuant to the UCC. Appendix B ("Board of Appeals") is specifically not adopted.
F.
Section 109.5 Abatement of violation. Insert "Township" to replace "legal officer of the jurisdiction".
G.
Section 110.4 Failure to comply. Amend to read as follows: Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines of not less than $250 or more than $1,000.
H.
Section 202 General Definitions. Delete the existing definition of "Code Official" and replace it with: "A Code Compliance Officer of Horsham Township."
I.
Section 302.4 Weeds. Replace "[JURISDICTION TO INSERT HEIGHT IN INCHES]" with "six inches." Add the following sentence at the end of the first paragraph: "This section shall apply to all areas within 200 feet of any habitable or occupiable structures or buildings."
J.
Section 304.3 Premises identification. Add the following sentence at the end of the section: "Numbering of all buildings shall also comply with all other provisions of the Code of Horsham Township, including but not limited to Chapter 82, Numbering of Buildings."
K.
Section 304.14 Insect screens. Insert "May 1 to November 1" to replace "[DATE] to [DATE]."
L.
Section 305.3 Interior surfaces. Add: 305.3.1 Mold. Mold shall be removed from rental units by a certified mold remediation company and a report documenting the mold remediation shall be provided to the code official.
M.
Section 307.1 General. Amend the last sentence to read as follows: "Guards shall not be less than 36 inches (914 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface."
N.
Section 602.3 Heat Supply. Insert "September 1 to May 1" to replace "[DATE] to [DATE]". Add: 602.3.1 Temporary/Portable Space Heaters. Temporary/portable space heaters are prohibited in rental units. Examples include kerosene, propane, and electric space heaters.
O.
Section 602.4 Occupiable work spaces. Insert "September 1 to May 1" to replace "[DATE] to [DATE]".
P.
Section 702 Means of Egress. Add: 702.5 Fire Escapes. Exterior fire escapes must be maintained in good structural and working order.
Q.
Section 704 Fire Protection Systems. Add: 704.8 Fire Extinguishers. In all rental units a minimum size three-pound Class ABC fire extinguisher must be located in a visible location near or in all kitchen areas. Fire extinguishers must be replaced per manufacturer specifications or at least every 10 years, whichever period is shorter.
Ordinance No. 2022-01 of Horsham Township entitled an "Ordinance of Horsham Township adopting the 2018 Edition of the International Property Maintenance Code" and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending 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 as cited in § 164-3 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this chapter.
Any person who shall violate any of the provisions of this chapter shall be subject to civil or criminal liability as set forth herein. The Code Official has the discretion to allege violations of this code by either filing a civil action in a court of appropriate jurisdiction or by filing a non-traffic citation with a Magisterial District Judge for prosecution as a summary offense. Any person found liable in a civil action for a violation of this chapter shall be subject to a civil judgment of not more than $500 per violation, plus costs and reasonable attorney fees. Any person found guilty of a summary offense for a violation of this chapter shall be subject to a fine of not less than $250 nor more than $500 per violation, plus costs and reasonable attorney fees, and, in default of payment of such fines, costs, or fees as determined by a Magisterial District Judge, to imprisonment not to exceed 30 days. Each day that a violation continues may be regarded as a separate violation of this chapter and shall be punishable as such. In addition to the proceedings described above, the Township may also enforce provisions of this chapter in the Court of Common Pleas in a civil action, and may seek injunctive and monetary relief.
In order to promote the public health, safety, and welfare, the Township Council finds and declares that all sellers of residential property in the Township shall be required to file with the Township and deliver to the purchaser not later than the settlement date for the sale of the property, a certification indicating the property's compliance status with the requirements of the Township Code relating to curbs, sidewalks, smoke alarms, and house numbering.
As used in this article, the following words and phrases shall have the meanings indicated:
Any person, partnership, association, corporation, or fiduciary having legal or equitable title or any interest in any real property. Whenever used in any clause prescribing or imposing a penalty, the term "owner," as applied to partnerships and associations, shall mean the partners, or members thereof, and as applied to corporations, the officers thereof.
All real property, or any interest therein, situated in Horsham Township, Montgomery County, Pennsylvania.
Any person, partnership, association, corporation, or fiduciary that will receive legal or equitable title or any interest in any real property from the owner.
Property located within the R-1, R-2, R-2A, R-3, R-4, R-5, R-6, R-7, MDH, RGCC, MR-1, MR-2 zoning districts of Horsham Township or properties containing a residential use within any zoning district of Horsham Township.
A.
In Horsham Township, it shall be unlawful for any owner to transfer his residential property, or any interest therein, unless the owner shall first deliver to the purchaser at or prior to the date of settlement or transfer the following certifications, each of which must be dated within 90 days of the transfer, signed by the owner and purchaser, or their agents, and a copy filed with the Township within seven days after the transfer:
(1)
Sidewalk, driveway apron and curb certificate of good repair. Upon application, the Township shall determine whether the sidewalks, driveway aprons and curbs adjacent to a property are in good repair as required by Chapter 193 of the Township Code.
(a)
The Township shall issue a certification if the sidewalks, driveway aprons and curbs are in good repair.
(b)
If the sidewalks, driveway aprons and curbs are not in good repair, the Township shall issue a report within 10 business days of the inspection that clearly identifies the Township Code violations and the remedial action required for compliance. Upon correction of all violations so that the sidewalks are in good repair, the applicant shall notify the Township, in writing, for a re-inspection to be conducted within five days from such notification.
(2)
Smoke detectors. The owner shall certify that smoke detectors have been installed and are functioning properly as required the Pennsylvania Construction Code Act and Uniform Construction Code.
A.
Applications shall be submitted on forms provided by the Township, shall be completely filled out and shall be accompanied by a fee, the amount of which shall be set forth in the Horsham Township Fee Schedule.
B.
The application for a certificate under this section authorizes the Township to inspect the premises being transferred. Such inspection shall not be required, however, and the Township may rely solely upon the representations made in the application for certification as the basis for issuance of a certificate.
C.
The Township shall respond to an application within 10 business days of its receipt.
A.
If any owner fails to comply with any provisions required by this Article, then in any action, at law, or in equity, instituted by a purchaser against an owner, it shall be conclusively presumed that the owner, at the time of the signing of such agreement, represented and warranted to the purchaser that such property was being used in compliance with the then existing Township Code provisions relating to the certifications required above.
B.
Any person who submits a false application to the Township, or who obtains a certification through misrepresentation, or who fails to provide the certifications required by this Article and whose property at the time of transfer was not in compliance with the then existing Township Code provisions relating to the certifications required above, shall be guilty of violating the provisions of this section and, upon conviction thereof in a summary proceeding, shall be subject to payment of a civil fine of not more than $600 and costs of prosecution, in addition to such other remedies as may be provided by law or equity.