[HISTORY: Adopted by the Board of Supervisors of the Township of New Garden 3-16-2020 by Ord. No. 241.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 136, Property Maintenance, adopted 9-9-1996 by Ord. No. 112, as amended.
There is hereby adopted by the Board of Supervisors of the Township of New Garden, Chester County, Pennsylvania, as the property maintenance code of the Township, the International Property Maintenance Code, 2015 edition, as published by the International Code Council ("2015 IPMC") for the establishment of minimum regulations governing the conditions and maintenance of all property, buildings and structures as provided therein; and each and all the regulations, provisions, penalties, conditions and terms of said 2015 IPMC are hereby referred to, adopted and made a part hereof as fully set out in this chapter with additions, insertions, deletions and changes, if any, described by this chapter.
Not less than one copy of the 2015 IPMC has been and now is filed in the office of Secretary of the Township.
A. 
Whenever the words "Name of Jurisdiction" appear in the 2015 IPMC, the words "Township of New Garden, Chester County, Pennsylvania" shall be substituted therefor.
B. 
The following additions, insertions, deletions, and changes are hereby made to the 2015 IPMC:
(1) 
Section 101 is hereby amended to add the following subsection to read as follows:
101.5 Conflict. Where there is a conflict between a provision in this chapter and another section of the New Garden Township Code, the most restrictive provision shall apply.
(2) 
Section 103.1 is amended by deleting the section in its entirety and substituting the following:
103.1 General. The department charged with enforcement of this chapter shall be the Department of Zoning and Codes, and the executive official in charge shall be known hereafter as the Code Official.
(3) 
Section 103.2, Appointment, is amended by deleting the section in its entirety.
(4) 
Section 103.5 is deleted in its entirety and replaced with the following:
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 New Garden Township Fee Resolution.
(5) 
Section 106.4 is deleted in its entirety and replaced with the following:
106.4 Violation. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be liable to a fine of not more than $1,000, plus court costs and reasonable attorney fees incurred by the Township in the enforcement proceedings. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(6) 
Section 110.3 is deleted in its entirety and replaced with the following:
110.3 Failure to comply. If the owner of a premises or owner's authorized agent fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the costs of such demolition and removal, plus 10% for administrative costs, shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(7) 
Sections 111.2, and all subsections, are deleted in their entirety and replaced with the following:
111.2 Membership of Board. The Board of Appeals shall be established by resolution of the governing body of the Township of New Garden in conformity with the relevant provisions of this code. If at any time enforcement and administration is undertaken jointly with one or more municipalities, the Board of Appeals shall be established by joint action of the participating municipalities.
(8) 
Section 112.4 is deleted in its entirety, and replaced with the following:
112.4 Failure to comply. 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 liable to a fine of not more than $1,000, plus court costs and reasonable attorney fees incurred by the Township in the enforcement proceedings. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(9) 
Section 302.4 is deleted in its entirety and replaced with the following:
302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
(10) 
Section 304.14 is deleted in its entirety and replaced with the following:
304.14 Insect screens. During the period from April 1 to September 30, every openable window in a residential structure and 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 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 screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
(11) 
Section 308 is hereby amended to add the following subsection to read as follows:
308.4 Unlawful dumping. It shall be unlawful to throw, deposit or dump paper, trash, rubbish, ashes, junk, waste or discarded materials of any kind, including, but not limited to, refrigerators, electrical or gas ranges, worn out tires, plumbing or electrical fixtures, building supplies, tree limbs, grass or other vegetation in or on any private or public property, vacant or occupied, within New Garden Township, or to maintain any accumulations of such materials in or on any public or private property, vacant or occupied, within said Township, that creates a condition which endangers the safety, health or comfort of the citizens of New Garden Township.
(12) 
Section 602.3 is deleted in its entirety, and replaced with the following:
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 1 to April 30 to maintain a temperature of not less than 68° F. (20° C.) in all habitable rooms, bathrooms and toilet rooms.
Exceptions:
1.
When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required, provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.
2.
In areas where the average monthly temperature is above 30° F. (-1° C.) a minimum temperature of 65° F. (18° C.) shall be maintained.
(13) 
Section 602.4 is deleted in its entirety and replaced with the following:
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from September 1 to April 30 to maintain a temperature of not less than 65° F. (18° C.) during the period the spaces are occupied.
Exceptions:
1.
Processing, storage and operation areas that require cooling or special temperature conditions.
2.
Areas in which persons are primarily engaged in vigorous physical activities.
(14) 
The following sections, subsections, and/or language contained therein are hereby added as follows:
SECTION 705
KEROSENE HEATERS
705.1 General. The use of portable kerosene heating units is permitted only as a supplement to the central heating system in single-family, twin or half double residential units and multiple-dwelling-unit complexes in which the individual units are separated by approved fire walls.
705.2 Prohibited uses. The use of portable kerosene heating units is not permitted in apartment houses, multiple dwellings with two or more dwelling units, boardinghouses, motels or hotels.
705.3 Prohibited uses - flammable materials. The use of portable kerosene heating units is prohibited in structures where hazardous or highly flammable materials are stored.
705.4 Storage. All containers used for outdoor storage of kerosene shall be constructed of materials and equipment approved under UL regulations or Commonwealth of Pennsylvania State Police Fire Marshal Regulations. These containers shall be clearly labeled "kerosene" with letters at least two inches high. A maximum of 10 gallons of kerosene shall be stored in a building subject to the regulations contained herein and such storage place must be at least 10 feet distant from any permanent heating unit, boiler, furnace, or wood-burning stove or portable kerosene heating unit. The storage of kerosene is prohibited in kitchens, bathrooms, closets, bedrooms, hallways, or in any room that does not have adequate ventilation.