Township of Cheltenham, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Cheltenham 6-27-2006 by Ord. No. 2110-06. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 110.
Numbering of buildings — See Ch. 114.
Electrical registration — See Ch. 135.
Fire prevention — See Ch. 151.
Garbage, rubbish and refuse — See Ch. 161.
Plumbing standards — See Ch. 209.
The International Property Maintenance Code, 2006 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Township of Cheltenham, in the 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 therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code. Said Code is 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 § 215-2 of this chapter.
A. 
The following sections of the International Property Maintenance Code, 2006 Edition, are hereby revised as follows:
(1) 
In Section 101.1 Title, insert "Township of Cheltenham."
(2) 
In Section 102.3 Application of other codes:
(a) 
Delete "International Zoning Code."
(b) 
Insert "Cheltenham Zoning Code."
(3) 
In Section 102.6 Historic buildings, add "Historic buildings shall be designated as such by the Township, county, state, or federal government."
(4) 
In Section 103 Title:
(a) 
Delete "Department of Property Maintenance Inspection."
(b) 
Insert "Property Maintenance Code Division."
(5) 
In Section 103.1 General:
(a) 
Delete "department of property maintenance inspection."
(b) 
Insert "Property Maintenance Code Division."
(6) 
Section 103.4 Liabilities.
(a) 
Delete "department of property maintenance inspection."
(b) 
Insert "Property Maintenance Code Division."
(7) 
Delete Section 103.5 Fees, and insert "No fees will be charged at this time but may be added in the future by resolution."
(8) 
Delete Section 104.7 Department records, and insert "Records shall be retained in accordance with the "Retention and Disposition Schedule for Records of Pennsylvania Municipal Governments."
(9) 
In Section 106.4 Violation penalties, add "Upon conviction before the Magisterial Judge, a fine of not more than $1,000 per day, together with costs of the suit shall be collectible as permitted by this chapter."
(10) 
In Section 107.2 Form, add, "5. The right to appeal is before the Public Works Committee. The request to be heard must be received in writing by the Township Manager no more than 14 days after the decision, notice or order is issued by the Township. The appellant shall first appear and present his or her appeal to the Township Manager and the Code Official at a meeting at the Township Building prior to appearing before the Public Works Committee. The Township Manager and the Code Official shall attempt to address or resolve the decision, notice or order and all underlying issues on behalf of the Township. In the event the Township Manager and the Code Official are unable to resolve or dispose of the appeal and all underlying issues of the decision, notice or order appealed, the Township Manager shall report the details and/or results of the meeting to the Public Works Committee prior to the appearance of the appellant before such Committee."
[Amended 8-15-2018 by Ord. No. 2374-18]
(11) 
In Section 108 Unsafe Structures And Equipment, insert a new and revised subsection 108.2.1 as follows:
[Amended 6-15-2016 by Ord. No. 2330-16]
108.2.1 Vacant Buildings. It shall be unlawful for an owner or operator to allow a building(s) to remain vacant unless the owner or operator complies with the requirements of Chapter 283, entitled "Vacant Building Registry and Regulations," and maintains the building(s) in accordance with this chapter, the International Fire Code, the International Building Code and Chapter 188, entitled "Nuisances."
(12) 
In Section 108.4.1 Placarding, add "No person shall occupy a placarded premises nor operate placarded equipment until written approval is secured from and such placards removed by the Code Official."
(13) 
Delete Section 111 Means Of Appeal. See Section 107.2.
(14) 
In Section 201.3 Terms defined in other codes:
(a) 
Delete "International Building Code;" "International Zoning Code."
(b) 
Insert "Cheltenham Building Code" and "Cheltenham Zoning Code" respectively.
(15) 
In Section 202 General Definitions, insert new and revised definitions as follows:
[Amended 6-15-2016 by Ord. No. 2330-16; 11-15-2017 by Ord. No. 2359-17]
NEGLECT
A lack of routine maintenance and repair action by a property owner or others having legal possession, custody or control of a property that causes a building or structure to become vulnerable to decay by exposure to the elements and/or vandalism. Some common conditions exhibited by neglected buildings or structures, include, but are not limited to:
Deteriorated foundations, walls, floors, ceilings, or rafters; or
Ineffective waterproofing of roofs, walls, or foundations, including broken doors and windows and/or deteriorated brick, mortar, or stucco or pervasive, deteriorated paint; or
Signs of rot or decay, such as holes, rotted wood or any deterioration that creates a hazardous condition; or
Lack of maintenance of the surrounding environment, such as retaining walls and outbuildings; or
Appearance of graffiti or other signs of vandalism; or
Any other condition of structural weakness, decay, and/or deterioration, whether or not as a result of negligence or willful neglect, purpose or design, by the owner or others having legal possession, custody or control of a property to such a degree that the code official is of the opinion that there is a reasonably significant possibility that the condition will lead to a structure's inability to be rehabilitated or reused.
VACANT BUILDING
A building where no person(s) or entity(ies) actually, currently conduct(s) a lawfully licensed business in, or lawfully occupies any part of the building as the legal or equitable owner(s) or tenant-occupant(s) or owner-occupants, or tenant(s) on a permanent, nontransient basis. For the purposes of this chapter, evidence of vacancy is considered any condition that on its own, or combined with other conditions, would lead a reasonable person to believe the property is vacant, as defined. Such conditions may include, but not be limited to, lack of activity on the site; low or no utility usage; accumulation of mail; lack of furniture, equipment or machinery; lack of window coverings; open accessibility; deferred maintenance or deteriorating buildings and structures; overgrown or dead vegetation; dumped refuse or rubbish; public or attractive nuisances; boarded windows or doors; and statements by neighbors, passersby, delivery agents or government agents; among other evidence that the property is vacant. A building may also be considered vacant if less than 10% of the total square footage of the building is actively used by the owner(s) or tenant(s) on a permanent, nontransient basis for domestic or lawfully-licensed business purposes.
(16) 
Delete Section 302.1 Sanitation. (See Cheltenham Code, Chapter 188.)
(17) 
Delete Section 302.4 Weeds. (See Cheltenham Code, Chapter 188.)
(18) 
Delete Section 302.8 Motor vehicles. (See Cheltenham Code, Chapter 188).
[Amended 4-15-2008 by Ord. No. 2156-08; 10-19-2016 by Ord. No. 2334-16]
(19) 
Delete Section 302.9 Defacement of property. (See Cheltenham Code, Chapter 205.)
(20) 
In Section 303.2 Enclosures, add "The fence or barrier shall not have openings, holes or gaps that would permit the passage of a four-inch diameter sphere."
(20.1)
In Section 304.3 Premises identification, add "304.3.1 Building identification. All commercial and multiple-family occupancy buildings are required to display the numeric street address and English name of the establishment in Arabic numbers of not less than six inches tall with a stroke of not less than 3/4 inch, at both the front and rear of the building. In buildings with internal service corridors, all doors in the corridor shall be marked with the store name or description of the use of the area serviced by the door.
[Added 10-17-2006 by Ord. No. 2118-06]
(21) 
In Section 304.14 Insect screens, insert "June 1 to November 1."
(22) 
Delete Section 304.18 Building security. (See Cheltenham Code, Chapter 234.)
(23) 
In Section 401.3 Alternative devices,
(a) 
Delete "International Building Code."
(b) 
Insert "Cheltenham Building Code."
(24) 
Delete Section 403.4 Process ventilation (regulated by other government agencies).
(25) 
Delete Section 404.4 Bedroom and living room requirements, Section 404.4.1 Room area, and Section 404.5 Overcrowding, and replace with language used in the 2003 Property Maintenance Code which reads as follows:
Section 404.4 Bedroom requirements. Every bedroom shall comply with the requirements of Section 404.4.1 through 404.4.5
Section 404.4.1 Area for sleeping purposes. Every bedroom occupied by one person shall contain at least 70 square feet (6.5 square meters) of floor area for each occupant thereof.
Section 404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5.
TABLE 404.5
MINIMUM AREA REQUIREMENTS
Space
Minimum Area in Square Feet
1-2 Occupants
3-5 Occupants
6 or More Occupants
Living rooma,b
No requirements
120
150
Dining rooma,b
No requirements
80
100
Bedrooms
Shall comply with Section 404.4
NOTES:
For Sl: 1 square foot = 0.093 square meters
a. See Section 404.5.2 for combined living room/dining room spaces.
b. See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes.
Section 404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with Section 404.4.
Section 404.5.2 Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
(26) 
In Section 602.3 Heat supply, insert "October 1 to May 15."
(27) 
In Section 602.4 Occupiable work spaces, insert "October 1 to May 15."
(28) 
Delete Section 606 Elevators, Escalators And Dumbwaiters (regulated by other government agencies).
(29) 
In Section 702.3 Locked doors:
(a) 
Delete "International Building Code."
(b) 
Insert "Cheltenham Building Code."
(30) 
Add new Section 110.5:
[Added 11-15-2017 by Ord. No. 2359-17]
Demolition by neglect. It shall be unlawful for a property owner or others having legal possession, custody or control of a property in the Township: (1) to neglect the property and allow the condition of the property to incur such deterioration as to be beyond the point of feasible repair; or (2) to allow the property to become dangerous, unsafe, insanitary, or otherwise unfit for human occupancy. The property owner shall maintain the property in compliance with all relevant property maintenance codes, including Chapter 110, Building Construction, Chapter 151, Fire Prevention, Chapter 188, Nuisances, Chapter 215, Property Maintenance, Chapter 283, Vacant Building Registry and Regulations, and Chapter 295, Zoning, of the Cheltenham Township Code of Ordinances.