It is the purpose of this chapter of the Borough of Baden, in order to protect and promote the fire safety, public health, and welfare of the residents and citizens of the Borough of Baden, as well as the workforce, regardless of residency, to establish rights and obligations of commercial building owners and tenants relating to the maintenance and upkeep of the commercial buildings, structures, and business throughout the Borough of Baden. It is the purpose and intent of this chapter to enforce the Property Maintenance Code of the Borough of Baden as well as other applicable laws of the Borough and of the Commonwealth, which may affect the health, safety, and welfare of those who may occupy or traverse through the said buildings or structures. Given the age, condition, and ever-changing standards of buildings, along with fire and construction codes, it is the responsibility of the Borough of Baden to attempt to ensure that any potential violations of the said laws and ordinances of the Borough of Baden and Commonwealth of Pennsylvania are effectively eliminated through the continued inspection of the commercial buildings and structure within the Borough limits. The purpose of this chapter is to establish basic procedures and any applicable fees for inspections to enforce Borough ordinances and any applicable state laws.
[HISTORY: Adopted by the Council of the Borough of Baden 7-19-2023 by Ord. No. 978. Amendments noted where applicable.]
The following words shall have their corresponding meanings for the purpose of this article, in addition to those have already been defined in Borough Ordinance 925, Property Maintenance Code,[1] and any other applicable ordinances governing building code, safety, and fire inspections. In the event that any definition is inconsistent with the definitions set forth herein, these definitions shall govern.
Any structures uninhabited, deserted, or uncontrolled.
An approved system of devices and equipment which automatically detects a fire and discharges an approved fire-extinguishing agent onto or in the area of a fire.
A Fire alarm system that has initiation devices that utilize smoke detectors for protection of an area such as a room or space with detectors to provide early warning of fire.
An automatic sprinkler system, for fire protection purposes, is an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards. The portion of the system includes a suitable water supply. The portion of the system above ground is a network of specially sized or hydraulically designed piping installed in a structure of the area, generally overhead, and to which automatic sprinklers are connected in a systematic pattern. The system is usually activated by heat from a fire and discharges water over the fire area.
Means any code or ordinance adopted, enacted, and/or in effect in and for the Borough of Baden, concerning fitness for habitation, tenancy, fire protection, zoning, or any other law or ordinance adopted within the Borough of Baden. For purposes of the ordinance codified in this chapter, "code" specifically includes, but is not limited to, the currently adopted International Property Maintenance Code as such code may be amended from time to time.
A commercial building is any structure in which a business purpose is pursued or operated. That includes direct uses where the company conducts business out of the building itself and indirect uses where the building itself is the business. Due to the different safety needs in different uses, these structures are broken down by occupancy use. The Code Enforcement Officers shall use the same occupancy use classifications to enforce codes.
INDUSTRIAL/MANUFACTURER
Any structure used to produce or assemble products.
MERCANTILE/BUSINESS/HEALTHCARE/EDUCATION
Any structure used to sell, perform a service, prep or cook food, club, school, medical services, medical care, personal care, office, childcare over six, assembly buildings (over 50 occupants), recreational facilities, and vacant structures.
NON-OWNER-OCCUPIED
Single- or multifamily residential structures.
VACANT PROPERTY
Any property in the Borough of Baden that is not legally occupied or has had utilities off for at least 90 days.
Appliances used in a commercial food service establishment for heating or cooking food and which produce grease vapors, steam, fumes, smoke, or odors that are required to be removed through a local exhaust ventilation system. Such appliances include deep fat fryers, upright broilers, griddles, broilers (char broilers), ovens, barbecues, rotisseries, and similar appliances. For the purpose of this definition, a food service establishment shall include any building, or a portion thereof, used for the preparation and serving of food.
Structure that meets the requirements as outlined by this chapter no later than the first re-inspection.
Any structure declared unfit for occupancy by the Code Enforcement Officer.
International Fire Code as adopted by the State of Pennsylvania.
Code Enforcement Officer, Fire Chief, and/or other approved personnel that hold UCC certification approved by the Borough of Baden to perform said inspections.
Most recent International Property Maintenance Code adopted by the Borough of Baden.
International Residential Code as adopted by the State of Pennsylvania.
Fails to meet the requirements as outlined by this chapter and required reinspection's over the first. Additionally, any structure failing to meet registration requirements shall be considered non-compliant.
Any structure without utilities for 90 days. Condemned structures (as classified by Code Enforcement Officer) or abandoned.
A.
All commercial buildings located within the Borough shall be subject to an inspection on a yearly basis by an Inspector of the Borough of Baden for the purpose of ensuring that no violations exist of the applicable codes of the Borough of Baden. Inspectors shall give notice to the property owner in advance of the scheduled inspection date. Nothing herein is intended to prevent an inspection, at any time, based on information or documentation received by the Borough of Baden alleging a code violation. The focus of the inspections shall be based on the International Property Maintenance Code and directed towards ensuring the safety and protection of the citizens and visitors of Baden.
B.
Duties of the Inspector: The Inspector conducting inspections of the commercial buildings shall be required to keep a record of inspections with detailed information of the owner, tenant, or local emergency contact person with address and working phone number. During the inspection, the Inspector shall document any code violations that may be present during the said inspection. In non-owner-occupied units, the Inspector shall also document the general condition of the property for future reference to the owner. In the event that a violation(s) exists, the Inspector will establish a reasonable time frame for repairs to be made and schedule a re-inspection time and date. If, during the inspection, the Inspector determines immediate action is necessary under the applicable code in order to protect the health, safety, and welfare of the citizens of the Borough of Baden and the owners, managers, tenants, and patrons of the said commercial building, such action(s) shall include, but not be limited to, temporary or permanent closure of the commercial building. In the event any party prohibits or prevents the Inspector from performing his or her duty to inspect the commercial building, the entire structure, or a portion thereof, as deemed necessary by the Inspector, shall be closed and/or condemned until the said inspection is permitted to occur and no violations that would warrant continued closure exist.
C.
Violation types.
(1)
Minor violations: Corrective Action Report provided/identified and time for repair established/re-inspection/citation if needed.
(2)
Moderate violations: Corrective Action Report provided/identified and time for repair established/re-inspection/citation if needed.
(3)
Life safety violations: Corrective Action Report provided/condemnation of building if warranted/identified and time for repair established/re-inspection/citation if needed.
Any person directly affected by a decision of the Inspector or inspection shall have the right to appeal to appeal to the Board of Appeals, provided that a written application for appeal is filed within 20 days after the day the decision, inspection, notice, or order was served. A fee of $250 shall be charged to cover the appeals process. The procedures listed in Section 111 of the IPMC shall be adhered to for the appeals process.
A.
Compliant structures: once every year, if no violations are found after the first inspection.
B.
Non-compliant structures: If violations are not corrected by first re-inspection, penalties will be applied.
C.
Re-inspections shall continue as scheduled by the Code Compliance Department until the documented violations are corrected.
D.
Vacant structures: Inspections will be performed annually to ensure the safety of the neighboring properties and the community; fees shall apply. If violations are not corrected by first reinspection, penalties will be applied. Re-inspections shall continue as scheduled by the Inspector until the documented violations are corrected.
A.
Each property or business owner in violation of this chapter shall be subject to the penalties set forth under § 5-5, Violations and Penalties, of the Borough Code.
B.
Failure to register and pay any associated fees for this inspection program: $500, citable every 30 days property remains in violation.
If any provision, paragraph, word, section, or subsection of this part is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, or subsection shall not be affected and shall remain in full force and effect. This chapter does not repeal or amend any prior enacted ordinance to the extent of limiting the enforcement of such ordinances.