A.
Title. These regulations shall be known as the "Existing
Structures, Property Maintenance and Fire Prevention Code of the Borough
of Columbia," hereinafter referred to as the "Existing Structures
Code" or "this code."
[Amended 12-16-2003 by Ord. No. 726]
B.
Scopes. This code is to protect the public health,
safety and welfare in all existing structures, residential and nonresidential,
and on all existing premises as hereinafter provided, by:
(1)
Establishing minimum maintenance standards for all
structures and premises for basic equipment and facilities for light,
ventilation, space heating and sanitation; for safety from fire; for
space, use and location; and for safe and sanitary maintenance of
all structures and premises now in existence.
(2)
Establishing minimum requirements for all existing
buildings and structures for means of egress, fire protection systems
and other equipment and devices necessary for safety from fire.
(3)
Providing for rehabilitation and reuse of existing
structures and allowing differences between the application of the
code requirements to new construction and the application of the code
requirements to alterations and repairs.
(4)
Fixing the responsibilities of owners, operators and
occupants of all structures.
(5)
Providing for administration, enforcement and penalties.
C.
Intent. This code shall be construed liberally and
justly to ensure public health, safety and welfare insofar as they
are affected by the continued use and maintenance of structures and
premises.
D.
Adoption of codes. There is hereby adopted by the Borough of Columbia
the 2018 International Property Maintenance Code and all codes and
standards referenced and incorporated therein, all for the purpose
of describing specifications and regulations to ensure the structural
safety of buildings, structures and housing existing or constructed
for use within the Borough, as therein and herein provided, save and
except those provisions as are deleted, modified or amended by this
or other ordinances of the Borough of Columbia, together with such
provisions as may be hereinafter adopted by the Borough of Columbia,
except such provisions which are in conflict with state law. The aforesaid
2018 International Property Maintenance Code and the incorporated
standards and codes are hereby adopted and are incorporated by reference
as if set out at length. Copies of the above-referenced codes and
standards are on file in the Office of the Borough Secretary and Borough
Code Official where they are available for public examination and
use. The provisions set forth in this chapter of the Existing Structures,
Property Maintenance and Fire Prevention Code of the Borough of Columbia
shall be controlling within the limits of the Borough of Columbia.
The Borough of Columbia further adopts and incorporates the Uniform
Construction Code of the Commonwealth of Pennsylvania and any regulations,
standards or requirements promulgated thereunder. To the extent that
said code or any of its regulations, rules or requirements are inconsistent
with the provisions of any of the codes referenced above, said Uniform
Construction Code and its rules, regulations and promulgations shall
control. The International Property Maintenance Code of 2018, as adopted
hereby, is amended as follows:
[Amended 6-14-1999 by Ord. No. 677; 8-23-1999 by Ord. No. 681; 9-8-2003 by Ord. No. 722; 12-16-2003 by Ord. No. 726; 3-23-2010 by Ord. No. 801; 12-11-2017 by Ord. No. 894]
(1)
Section 101.1, Title, be and hereby is revised to read as follows:
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101.1 Title. These regulations shall be known as
the "International Property Maintenance Code and/or Existing Structures,
Property Maintenance and Fire Prevention Code of the Borough of Columbia,"
herein referred to as "the code."
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(2)
Section 103.5, Fees, of the code be and hereby is amended to read
as follows:
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103.5 Fees. The fees for activities and services
performed by the Department in carrying out its responsibilities under
the code shall be as set forth on the Borough of Columbia Fee Schedule,
adopted from time to time by resolution of Borough Council of the
Borough of Columbia.
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(3)
Section 112.4, Failure to comply, of the code be and hereby is amended
to read as follows:
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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 less than $500
nor more than $1,000.
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(4)
Section 302.4, Weeds, of the code be and hereby is amended to read
as follows:
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302.4 Weeds. Premises and exterior property shall
be maintained free from weeds or growth in excess of 11 inches. Noxious
weeds shall be prohibited. "Weeds" shall be defined as all grasses,
annual plants and vegetation, other than trees or shrubs; provided,
however, that this term shall not include cultivated flowers and gardens.
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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 cost of such removal shall
be paid by the owner or agent responsible for the property.
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(5)
Section 304.14, Insect screens, of the code be and hereby is amended
to read as follows:
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304.14 Insect screens. During the period from January
1 to December 31, 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 minimum
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.
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Exception: Screens shall not be required where
other approved means, such as air curtains or insect repellant fans,
are employed.
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(6)
Section 602.3, Heat supply, of the code be and hereby is amended
to read as follows:
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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 apply heat during the period from
October 1 to May 30 to maintain a minimum temperature of 68° F.
(20° C.) in all habitable rooms, bathrooms and toilet rooms.
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Exceptions:
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1.
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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 designed capacity. The winter outdoor design temperature
for the locality shall be as indicated in Appendix D of the International
Plumbing Code.
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2.
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In areas where the average monthly temperature is above 30°
F. (-1° C.), a minimum temperature of 65° F. (18° C.)
shall be maintained.
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(7)
Section 602.4, Occupiable work spaces, of the code be and hereby
is amended to read as follows:
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602.4 Occupiable work spaces. Indoor occupiable
work spaces shall be supplied with heat during the period from October
1 to May 30 to maintain a minimum temperature of 65° F. (18°
C.) during the period the spaces are occupied.
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Exceptions:
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1.
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Processing, storage and operation areas that require cooling
or special temperature conditions.
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2.
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Areas in which persons are primarily engaged in vigorous physical
activities.
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(8)
To the extent that Section 111 of the code is inconsistent with § 112-10 of the Code of the Borough of Columbia, § 112-10 of the Code of the Borough of Columbia shall control. Notwithstanding the foregoing, both § 112-10 of the Code of the Borough of Columbia and Section 111 of the code shall be read together and interpreted as each being in force to the extent that they are not inconsistent with one another.
(9)
Any
battery-only smoke alarm that is either (1) inoperable or (2) more
than 10 years old must be replaced with a smoke alarm powered by a
ten-year sealed-in battery that meets with the approval of the Codes
Compliance Department.
[Added 7-23-2019 by Ord.
No. 916]
E.
Application of other codes. Any alterations or repairs to a structure or change of use therein which are caused directly or indirectly by the enforcement of this code which are undertaken otherwise after passage of this code shall be done in accordance with the procedures and provisions of the building, electrical, plumbing and mechanical codes listed and set forth in Chapter 8 of the 2018 International Property Maintenance Code and, or where appropriate, with the Uniform Construction Code of the Commonwealth of Pennsylvania adopted by the Borough of Columbia as set forth in this Chapter 112. Alterations or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the structure. Alterations or repairs to any structure shall conform to that required of a new structure without requiring the existing structure to comply with all the requirements of the code for the new construction, provided that such work conforms to that required by this code.
[Amended 8-15-1991 by Ord. No. 634; 12-11-2017 by Ord.
No. 894]
F.
Existing remedies. The provisions of this code shall
not be construed to abolish or impair existing remedies of the Borough
or its officers or agencies relating to the removal or demolition
of any buildings which are dangerous, unsafe and unsanitary.
G.
Workmanship. All repairs, maintenance work, alterations
or installations which are required for compliance with this code
shall be executed and installed in a workmanlike and acceptable manner
so as to secure the results intended by this code.
This code shall not affect violations of any
other ordinance, code or regulation existing prior to the effective
date hereof, and any such violation shall be governed and shall continue
to be punishable to the full extent of the law under the provisions
of those ordinances, codes or regulations in effect at the time the
violation was committed.
As provided in § 112-1, this code establishes minimum requirements for the initial and continued occupancy and use of all structures and premises and does not replace or modify requirements otherwise established by ordinance which are additional or more stringent for the construction, repair, alteration or use of structures, equipment or facilities.
[Amended 8-15-1991 by Ord. No. 634]
A.
Approved materials and equipment. At all times through
the process of construction, reconstruction, renovation, remodeling
and/or repairing, the code official has the right to investigate the
materials or equipment being used and the procedures performed toward
completion of any project. The code official has the right to prohibit
the use of any material, equipment or procedure which is judged, in
good faith, to create a risk to the health, safety and welfare of
the public.
B.
Modifications. When there are practical difficulties
involved in carrying out the structural or mechanical provisions of
this code, the owner or his representative is obligated to report
the difficulty. The code official shall be permitted to vary or modify
such provisions upon application of the owner or of the owner's representative,
provided that the spirit or intent of this code shall be observed
and public safety and welfare is assured. The code official may render
a decision immediately when possible or after appropriate research
and/or consultation.
C.
Records. Applications for modifications and final
decision of the code official shall be in writing and shall be officially
recorded in the records of the code official. Any modification permitted
by the code official shall be in writing with an explanation and copies
of any reference material used to assist in that decision. The record
of modifications shall be read and signed and dated by the owner or
his representative and the code official.
D.
Alternative materials and equipment.
(1)
The provisions of this code are not intended to prevent
the use of any material or method of construction not specifically
prescribed by this code, provided that any such construction shall
be approved when the code official finds that the proposed design
is satisfactory and complies with the intent of the provisions of
this code and that the material, method or work offered is, for the
purpose intended, at least the equivalent of that prescribed in this
code in quality, strength, effectiveness, fire resistance, durability
and safety.
(2)
Research and investigations. The code official may
require that sufficient technical data be submitted to substantiate
the proposed use of any material or assembly; and, if it is determined
that the evidence submitted is satisfactory proof of performance for
the use intended, the code official shall approve its use subject
to the requirements of this code. The costs of all tests, reports
and investigations required under these provisions shall be paid by
the applicant.
