[HISTORY: Adopted by the Department of Health
of Allegheny County effective 6-15-1996. Amendments noted where applicable.]
The purposes of chapter are to:
A.
Provide regulations that establish minimum standards
governing utilities, facilities and other physical factors essential
to make dwellings safe, sanitary and fit for human habitation;
B.
Establish minimum standards governing the condition
and maintenance of dwellings and premises affecting or likely to affect
residents of Allegheny County;
C.
Establish certain responsibilities and duties of owners,
operators and occupants of dwellings, vacant lots or premises, and
commercial properties, whether occupied or unoccupied;
D.
Establish permit requirements for the operation of
rooming houses;
E.
Authorize preliminary area surveys of dwellings, the
inspection of dwellings or other premises and vacation or removal
of dwellings unfit for human habitation; and
F.
Provide penalties for violations of this chapter.
The establishment and maintenance of proper
housing standards and the rehabilitation of housing to meet these
standards are essential to the public health, safety and welfare.
Inadequate provisions for light and air, insufficient protection against
fire, unsanitary conditions, improper heating, overcrowding, misuse,
dilapidation and disrepair of dwellings and other premises, and the
occupancy or existence of dwellings unfit for human habitation endangers
the health, safety, and welfare of the community.
The provisions of this Article will become effective
June 15, 1996, except that:
The following terms, when used in this chapter,
have the meanings indicated in this section, except where the context
indicates a clearly different meaning.
Allegheny County Health Department, Rules and Regulations,
Food Protection.[1]
Allegheny County Health Department, Rules and Regulations,
Solid Waste and Recycling Management.
Allegheny County Health Department, Rules and Regulations,
Hearings and Appeals.[2]
Allegheny County Health Department, Rules and Regulations,
Plumbing and Building Drainage.
Allegheny County Health Department, Rules and Regulations,
Environmental Health Civil Penalties.[3]
A story partly below ground of which 1/2 or more of the clear
floor-to-ceiling height is above the average level of the adjoining
ground.
A story of which more than 1/2 the clear floor-to-ceiling
height is below the average level of the adjoining ground.
Include but are not limited to window sills, chair rails,
furniture or other surfaces that are accessible to a child.
In a dwelling unit, an enclosed passageway connecting a habitable
room with another habitable room, toilet room or bathroom; in a rooming
house, an enclosed passageway that connects a habitable room with
another habitable room in the same rooming unit or with a toilet room
or bathroom used by the occupant of the habitable room.
The Allegheny County Health Department.
The Director of the Allegheny County Health Department or
the Director's authorized representative.
Any animal or bird, including normally wild birds or animals,
maintained and/or confined by any person, including but not limited
to dogs, cats, livestock, pigeons or other fowl and rabbits.
Any building or structure, or part thereof, which is occupied,
intended or designed to be occupied as the residence or sleeping place
of one or more persons, including a mobile home as defined below but
excluding a trailer. A dwelling may include one or more dwelling units
or rooming units or a combination of both.
A dwelling or a dwelling unit, which has one Class 1 or two
Class 2 and one Class 3, or one Class 2 and three Class 3 violations
or five Class 3 violations as described in this chapter. A dwelling
or dwelling unit declared or certified as unfit for human habitation
shall be declared or certified as fit for human habitation when all
Class 1, 2, and 3 violations that certified the dwelling or dwelling
unit unfit for human habitation have been corrected.
A room or group of rooms located within any dwelling and
forming a single habitable unit with facilities for living, sleeping,
cooking, eating, bathing, toilet use, and personal hygiene.
The control and elimination of insects, rodents or other
pest vectors by eliminating their harborage places, by removing or
making inaccessible material that may serve as their food, by poisoning,
spraying, fumigating, trapping, or by any other recognized and legal
pest elimination methods approved by the Director.
Animal and vegetable waste resulting from the handling, preparation,
cooking, and consumption of food.
A room or enclosed floor space occupied or intended to be
occupied for living, sleeping, cooking or eating purposes, excluding
bathrooms, toilet rooms, laundries, pantries, foyers, public halls,
communicating corridors, closets and storage spaces.
The period from October 1 to May 31 of the following year.
The presence within, around or near a dwelling or premises
used by or open to the public of any insects, rodents, animals, birds
or other pest vectors where this presence creates a nuisance, or actual
or potential health hazards to the occupants or users of the premises.
Paint or other surface coatings that contain lead in excess
of one (1.0) milligram per centimeter squared (mg/cm)2 or five-tenths (0.5) percent by weight or, in the
case of paint or other surface coatings, such lower level as may be
established by the Director.
Any condition that causes exposure to lead from lead-contaminated
dust, lead-contaminated soil, or lead-contaminated paint that is deteriorating
or present in accessible surfaces, friction surfaces, or impact surfaces
that would result in adverse human health effects as established by
the appropriate federal agency.
To lease or grant the use and possession of real property
whether or not for compensation.
A rooming unit containing a minimum of 150 square feet and
not more than 250 square feet of habitable area, which forms a single
habitable unit for occupancy by no more than one person. A light housekeeping
unit is constructed with facilities for living and sleeping, including
minor facilities for cooking and eating, which includes a sink with
hot and cold running water, an approved cooking device not exceeding
two burners and a cabinet for the storage of food and utensils.
A facility licensed by the Pennsylvania Department of Health
that provides medical services and skilled or intermediate nursing
care, or both levels of care, to two or more patients who are unrelated
to the nursing home administrator, for a period exceeding 24 hours.
A transportable single-family dwelling unit intended for
permanent occupancy and construed as a single unit, designed for repeated
towing, or as two or more units designed to be joined into one integral
unit capable of again being separated for repeated towing, which arrives
at a site complete and ready for occupancy except for minor incidental
unpacking and assembly operations, and constructed so that it may
be used without a permanent foundation.
A building containing more than two dwelling units.
Those conditions or activities identified by the Director
which create an environment actually or potentially attractive to
a pest vector, or create an actual or potential health hazard, or
which have an adverse impact on the property or premises of another
person.
Any person who lives, sleeps, cooks in a dwelling unit or
who lives or sleeps in a rooming unit.
Any person, whether or not the owner, who has charge, care
or control of a rooming house.
Any person, who alone or jointly or severally
with others:
Has title to a dwelling, either with or without
possession of the dwelling; or
Has charge, care, or control of a dwelling,
including but not limited to an agent of the owner or an administrator,
administratrix, executor, executrix or guardian of the estate of the
owner; or
Is the lessee of the whole dwelling where the
dwelling is a two-family dwelling, multiple dwelling or rooming house;
or
Collects rent for a dwelling unit on behalf
of or in place of an owner.
This does not include any courts of the Commonwealth
of Pennsylvania or of the United States government, nor does it include
sheriffs, constables, prothonotaries or clerks of the courts.
A natural person, corporation, partnership or association.
A facility licensed by the Pennsylvania Department of Public
Health Welfare in which food, shelter and personal assistance or supervision
are provided for a period exceeding 24 hours for four or more adults
who are not relatives of the operator, who do not require the services
in or of a licensed long-term care facility, but who do require assistance
or supervision in matters such as dressing, bathing, diet, financial
management, evacuation of a residence in the event of an emergency
or medication prescribed for self-administration.
Animals, birds or insects which by their existence or population
density in a given area create a nuisance.
Water with bacteriological and chemical quality conforming
to the requirements of the public health service drinking water standards
or the regulations of the public health authority having jurisdiction.
A lot, plot or parcel of land, including any structure thereon.
Any rooming house as defined in this chapter operated by
any school, hospital, government, or any benevolent, educational,
philanthropic, humane, patriotic, religious, scientific or eleemosynary
organization which offers its services or facilities for free or at
a nominal rate to the public in order to act in relief of the public
burdens or for the advancement of the public good. This definition
does not include any association whose benefits and benevolence are
restricted to its members or to a particular person or donor, rather
than to the public at large.
Any construction, renovation or alteration of an existing
rooming house that causes a change in the number, size, window area,
ventilation, ceiling height or required electrical service to a rooming
unit or bathroom. Reconstruction also refers to any change in the
required number of bathroom fixtures, removal or change in any required
means of egress from or access to the rooming house or rooming units.
Reconstruction does not include repairs to a rooming house or rooming
unit for maintenance or replacement of existing fixtures or equipment.
All putrescible and nonputrescible solids, except body wastes,
including garbage, rubbish, ashes, and dead animals.
Including but not limited to the owners, owner of record,
equitable owner, executor, trustee, tenant, occupant or user, any
of whose action or inaction has led to or contributed to a nuisance
or actual or potential health hazards.
Any dwelling or part of any dwelling that contains one or
more rooming units, which space the operator has let to four or more
persons who are not related by blood, marriage or adoption, exclusive
of usual servants, including boarding homes, whether or not operated
for profit. A dwelling occupied by a group of not more than three
persons, who need not be related by blood, marriage or adoption, living
together as a single housekeeping unit and sharing common facilities
as considered appropriate for a family related by blood, marriage
or adoption is not considered a rooming house under this definition.
A room or group of rooms located within any dwelling and
forming a single habitable unit with facilities for living and sleeping,
but not for cooking or eating purposes.
Nonputrescible solid wastes, excluding ashes, consisting
of either combustible wastes, including paper, cardboard, plastic
containers, vehicle tires, yard clippings, wood and similar materials
or noncombustible wastes including tin cans, glass crockery and similar
materials.
An alarm initiating device that detects the visible or invisible
particles of combustion.
A self-contained heating device of either the convection
or radiant types which are intended primarily to heat only one room,
two adjoining rooms, or some other limited space.
A water closet or a flush commode.
A.
The Department shall administer and enforce the provisions
of this chapter and any other rule or regulation of the Department.
B.
Any city, borough, or township in Allegheny County
may enforce the provisions of this chapter and the standards adopted
by the Department so far as such enforcement does not interfere with
enforcement and administration by the Department.
C.
When any dwelling contains both dwelling units and
rooming units, the dwelling units shall comply with the applicable
requirements of this Article for dwelling units and the rooming units
shall comply with the applicable requirements of this chapter for
rooming units. When one or more rooming units in a dwelling which
contains both dwelling units and rooming units are let to four or
more persons who are not husband and wife, son or daughter, parent
or grandparent, or sister or brother of the operator, the part of
the dwelling so used shall also comply with the applicable requirements
of this chapter for rooming houses.
D.
When any building is occupied in part as a dwelling
and in part for industrial or commercial purposes, that part of the
building occupied as a dwelling shall comply with the applicable requirements
of this chapter.
E.
A mobile home shall comply with all provisions of
this chapter, except when this chapter is more stringent than the
provisions of the United States Department of Housing and Urban Development's
(HUD) Mobile Home Construction and Safety Standards, and the mobile
home complies with those standards. In that case, the Director may
waive those provisions of this chapter which would require a mobile
home to meet a more stringent standard than that required by the HUD
"Mobile Home Construction and Safety Standards.
F.
Compliance with this chapter does not obviate responsibility
to comply with any other state, county or municipal law, code or regulation.
If any law, code or regulation is more stringent than this chapter,
the more stringent shall take precedence.
A.
Subject to the limitations of the Constitutions of
the United States and of the Commonwealth of Pennsylvania, and in
order to carry out the purposes and provisions of this chapter, the
Director, upon showing proper identification, may enter and inspect
any dwelling or premises at all reasonable times and in an emergency
at any time. The owner, operator or occupant of any dwelling or premises
shall give the Director free access for the purpose of such inspection.
The operator of a rooming house shall maintain a means of access to
all areas of the premises for the purpose of an inspection by the
Department.
B.
The occupant of a dwelling unit, rooming unit or light
housekeeping unit shall provide the owner or their authorized agent
entry to the dwelling unit, rooming unit or light housekeeping unit
at all reasonable times for the purpose of complying with any provision
of this chapter or with any other regulation of the Department.
A.
When the Director determines that there has been a
violation of any provision of this chapter or of any other Department
regulation, the Director shall give notice of the violation as follows
to the person responsible for compliance under this chapter.
C.
The notice shall be served:
(1)
By handing a copy to the responsible party(ies) personally,
or by handing a copy to an adult person at the residence of the responsible
party(ies) or an employee of the responsible party(ies), or
(2)
By sending a copy to his last known address by regular
mail; or
(3)
By posting a copy in a conspicuous place in or about
the dwelling or premises.
Any person aggrieved by any action of the Department
or by any order, notice, decision, or determination issued by the
Department may file an appeal in accordance with Article XI.
When the Director determines that an emergency exists which necessitates immediate action to protect the public health, safety or welfare, the Director may, without prior notice, issue an order identifying the existence of the emergency and requiring whatever action the Director deems advisable to meet the emergency. An emergency order shall be effective when it is served, notwithstanding the provisions of §§ 835-7 and 835-8, and shall be complied with immediately. Verbal orders issued under this section shall be put into writing within 24 hours and served or communicated as required by § 835-7.
In the event of the failure to comply with an
order issued pursuant to any section of this chapter, the Director
may institute appropriate actions or proceedings at law or in equity
to restrain, correct or abate the violation of the order, or the Director
may cause the order to be carried out at the expense of the County.
The County may recover the amount of the expense by an action provided
by law or, where appropriate, in a manner provided by law for the
collection of municipal claims.
A.
No person may operate a rooming house without a valid
rooming house permit issued by the Director.
B.
Application for a rooming house permit shall be made
by the operator to the Director on forms furnished by the Department.
The application shall include:
(1)
The name, address and telephone number of the local
operator, and the name, address and telephone number of the owner
if the operator is not the owner;
(2)
The location of the rooming house including the street
and number of each entrance;
(3)
The number of rooming units available for occupancy
and the number of persons who may be accommodated in accordance with
the provisions of this chapter; and
(4)
Any other information as the Director may require.
D.
In the event a permit is denied, the Director shall
give prompt written notice to the applicant and inform them of their
right to an appeal.
E.
Each person who applies for a permit shall be required
to pay fees applicable to the operation being applied for as set forth
in the fee schedule.
F.
In the event a rooming house is subject to a fee for
a food establishment pursuant to Article III, and in the event that
the food establishment is used solely by the occupants of the rooming
units, the fee required will be only the fee required by this chapter.
G.
All permit, plan review, and inspection fees shall
be set forth in a schedule as determined by the Director upon annual
consultation with the Board of Health.
H.
The permit or facsimile shall be posted in a conspicuous
place near the main entrance of the rooming house.
I.
The operator shall promptly notify the Director of
any transfer of the premises to a new owner or operator.
J.
All public service rooming houses shall be fee exempt.
Any rooming house seeking exemption pursuant to this section shall
make written application to the Director and shall provide proof of
its qualification for exemption.
K.
All rooming houses which are hereafter constructed
or reconstructed shall conform to the requirements of this chapter.
Properly prepared plans for all rooming houses which are hereafter
constructed or reconstructed shall be submitted to the Director for
approval.
L.
All rooming houses which are hereafter constructed
or reconstructed shall have a potable water supply which meets at
a minimum the standards promulgated under Pennsylvania Safe Drinking
Water Act of 1984, as amended, and the regulations adopted thereunder,
and comply with required monitoring.
Any person who operates a rooming house without a valid permit issued by the Director, or who continues to operate a rooming house after the Director has revoked a permit, or who violates any other provision of § 835-11 is subject to prosecution in accordance with § 835-38, without the notice and appeal provided by §§ 835-7 and 835-8.
A.
When the Director determines that conditions or practices exist in the operation of a rooming house which is in violation of this chapter, the Director shall give notice to the operator under the procedure provided by § 835-7.
B.
If the Director determines that an emergency exists
which necessitates immediate action to protect the public health,
safety or welfare, the Director may suspend the rooming house permit
upon notice to the operator until the suspension is lifted by action
of the Board of Health or by compliance with the notice or order of
the Director, or until the permit is revoked by failure to comply
with the order of the Director.
C.
When a rooming house permit has been suspended or
revoked, the operator shall immediately cease operation of the rooming
house and no person may occupy any rooming unit within it.
A.
No rooming house shall be constructed or reconstructed,
or no existing structure shall be converted to a rooming house, except
in accordance with plans and specifications approved by the Director.
B.
When a rooming house is to be constructed or reconstructed,
or when an existing structure is being converted to a rooming house,
plans and specifications shall be submitted to the Director prior
to such construction, reconstruction or conversion. These plans and
specifications shall include:
C.
When a plan is disapproved or determined to be incomplete,
the Director shall notify the applicant and inform him or her in writing
of the deficiency or reason for disapproval.
D.
Incomplete plans may be resubmitted for review with
no additional fees. Disapproved plans may be resubmitted for review
once without incurring additional fees.
E.
When plans are required as described in this section,
an inspection by the Department shall be conducted prior to occupancy
of any rooming unit. The applicant shall provide the Department at
least 10 days' notice prior to the scheduling of such inspection.
F.
No refunds of fees will be made for plans which are
incomplete or disapproved.
A.
When the Director determines that a dwelling is unfit for human habitation, the Director shall give notice to the owner to repair or alter the dwelling. An "Unfit for Human Habitation" notice is issued when a dwelling unit has one Class 1, or two Class 2 and one Class 3, or one Class 2 and three Class 3, or five Class 3 violations. The notice and service that a dwelling is unfit for human habitation shall be made in accordance with § 835-7.
B.
Class 1, 2 and 3 violations shall be identified as
follows:
(1)
Class 1 violation: an emergency condition which poses
a real and immediate threat to the life, health and safety of the
occupant(s) and shall include but is not limited to:
(a)
Carbon monoxide hazard: carbon Monoxide is present
in concentrations of 35 parts per million (ppm) or greater at any
time.
(b)
Gas leak: noticeable gas odors are present.
(c)
Severe electrical condition: arcing, readily
accessible bare live electrical wires, heat felt through wall or cover
plate.
(d)
No heat: the majority of habitable rooms and bathrooms are at 60° Fahrenheit or below measured in accordance with procedures outlined in § 835-22D(6).
(e)
Severe structural deficiencies: obvious recent
movement in foundation, bearing walls, roof or flooring with a significant
risk of caving in or collapse.
(f)
Lead hazards: presence of lead-based paint or
lead-based paint hazards, a confirmed elevated blood lead level of
70 micrograms per deciliter (ug/dl) in children less than 72 months
old or in pregnant women, and no other source of lead poisoning.
(g)
Massive rat infestation: rats present within
the dwelling unit, e.g., live rats visible during daylight hours or
evidence of a massive rat infestation.
(h)
No water supplied to the dwelling unit.
(2)
Class 2 violation: major health hazards are present,
which include but are not limited to the following:
(a)
Carbon monoxide hazard: existence of a fuel
source connected unapproved, unvented, improperly vented or backdrafting
furnace, space heater, or water heater; existence of obstructed chimney
or flue; presence of a fuel conservation device not approved by the
American Gas Association; flue pipes not connected to the chimney
or with holes; furnace blower compartment cover missing; non-direct
vent fuel-burning furnace or water heater installed in bathroom or
bedroom.
(b)
Missing or inoperable sanitary facilities: dwelling
unit, light housekeeping unit or rooming unit lacks access to operating
toilet.
(c)
Uncontained sewage: occupants exposed to raw
sewage (owner responsibility).
(d)
Insufficient heat: the majority of habitable rooms and bathrooms below 65° Fahrenheit but above 60° Fahrenheit measured in accordance with procedures outlined in § 835-22D(6).
(e)
Polluted water supply: water supply does not
meet the standards promulgated under the Pennsylvania Safe Drinking
Water Act of 1984, as amended.
(f)
Massive pest vector infestation: rodent, insect
or other pest vector populations present within the dwelling, e.g.,
cockroaches underfoot, or evidence of massive active pest infestation.
(g)
Discontinued gas or electrical service: gas
or electricity shut off to the dwelling due to a service malfunction
or unpaid bills in the name of the owner or a bill whose charges include
areas serviced beyond the control of a single tenant.
(h)
Lead hazard: presence of lead-based paint or
lead-based paint hazards, a confirmed elevated blood lead level of
45 to 69 micrograms per deciliter (ug/dl) in children less than 72
months old or in pregnant women, and no other source of lead poisoning.
(i)
Major structural defect: stairs or porch in
danger of collapse, signs of obvious movement or unable to bear weight
of occupants safely.
(3)
Class 3 violation: other health hazards are present,
including but not limited to the following:
(a)
Carbon monoxide hazard: improper chimney height;
chimney with missing or loose bricks; lack of or inadequate makeup
air; existence of operable but not operating unapproved, or improperly
vented furnace, space heater, or hot water heater.
(b)
Heating problems: one or more habitable rooms, including bathrooms, without an approved operable means of heat or without adequate heat (i.e., below 65° Fahrenheit) measured in accordance with procedures outlined in § 835-22D(6).
(c)
Improper fuel-burning appliance: lack of or
inoperable automatic pilot; an inaccessible shutoff valve; space heater
in boarding home or institution.
(d)
Electrical problems: extension cord wiring,
or frayed wires, or other dangerous wiring condition; inadequate outlets;
improperly grounded electrical systems.
(e)
Water supply: water not supplied to all fixtures;
water volume less than two gallons per minute.
(f)
Lack of hot water: no hot water supplied to
kitchen or bathroom.
(g)
Lead hazards: presence of lead-based paint or
lead-based paint hazards, a confirmed elevated blood level of 20 to
44 micrograms per deciliter (ug/dl) in children less than 72 months
old or in pregnant women, and no other source of lead poisoning.
(h)
Malfunctioning sewage facility: leaking sewer,
soil pipe, traps or waste pipe; on-lot sewage disposal system discharges.
(i)
Defective plumbing: direct cross-connection;
broken, obstructed, or leaking waterline causing major structural
damage (falling plaster, foundation movement, etc.); an inoperable
required fixture; required fixture lacks hot or cold running water;
presence of defective toilet or water heater; water heater improperly
installed; dwelling unit lacks operating bathtub/shower or lavatory
sinks; dwelling unit or rooming house common kitchen lacks kitchen
sink.
(j)
Ventilation deficiencies: insufficient natural
ventilation (openable window area less than 4% of floor area) or lack
of or insufficient mechanical ventilation (minimum air changes per
hour: kitchen, three; bathrooms, six; habitable rooms, two).
(k)
Structural defects: missing, loose, weak, rotted
or unevenly spaced stair treads; missing handrail on stairs of three
or more steps; missing banisters or balustrades farther than 3 1/2
inches apart on porches, balconies or decks which are 30 or more inches
above the ground; one square foot or more of the floor area will not
safely bear the weight of an occupant; appurtenance, porch or balcony
sagging or pulling away; missing or rotted column or support; missing
or broken floor boards in areas accessible to an occupant; ceiling
or wall surfaces sagging, broken, loose or falling of four square
feet or more in area; leaking roof with presence of water or water
damage.
(l)
Defects and openings: missing exterior door
or window; hole through foundation, exterior wall or structure that
is four inches or more in diameter; air infiltration through gaps,
broken or missing window glass or spaces around window sashes of one-half
inch or more during the heating season.
(m)
Major pest vector problem: evidence of major
rodent or other pest vector infestation within the structure.
(n)
Inadequate bathroom: dwelling unit lacks private
bathroom; rooming house or light housekeeping shared bathroom only
accessible through rooming unit or light housekeeping unit; inadequate
number of bathroom fixtures in rooming house or boarding home.
(o)
Use and occupancy: occupancy of cellar or basement
dwelling unit, rooming unit or light housekeeping unit with improper
drainage, construction, dampness, ventilation, egress, ceiling height
or no access to bathroom.
(p)
Obstructed egress: hallway or stairwell obstructed
preventing egress (owner responsibility).
C.
Class 4 violations are any other conditions which
constitute a violation of this chapter and which contribute to substandard
housing but are not utilized to determine a property unfit for human
habitation.
If an owner fails to comply with an order to repair or alter a dwelling that is unfit for human habitation, the Director may issue a further written order requiring all occupants to vacate the dwelling. Service of the order shall be made in accordance with § 835-20. Upon issuance of an order to vacate, the Director may placard the dwelling as unfit for human habitation. The tenant or owner of the dwelling shall be liable for failure to vacate the dwelling as required by this section.
The Director may make periodic inspections of any dwelling vacated as unfit for human habitation or any other vacant dwelling. When an inspection of a dwelling discloses that the dwelling has become a public nuisance or a serious hazard to the health, safety or welfare of the public, the Director may issue an order requiring the owner, within a reasonable time specified in the order, to remove or demolish the dwelling. This removal or demolition shall be performed in compliance with all applicable regulations and standards set forth by the Director. Service of the order shall be made in accordance with § 835-20. Any person aggrieved by the order may file an appeal in accordance with Article XI.
When the Director determines that an emergency exists which, for the protection of the public health, safety or welfare, necessitates the vacation of a dwelling unfit for human habitation, the Director may without prior notice issue an order identifying the existence of the emergency and requiring whatever action the Director deems advisable to meet the emergency. The order shall be effective upon service and shall be complied with as specified in the order. If the owner fails to comply with the order, the Director may issue a further order requiring all occupants to vacate the dwelling and may also placard the dwelling as unfit for human habitation. Service of any order required by this Section shall be made in accordance with § 835-20.
A.
(1)
By handing a copy to the responsible party(ies) personally,
or by handing a copy to an adult person at the residence of the responsible
party(ies) or an employee of the responsible party(ies); or
(2)
By sending a copy to the last known address of the
owner by regular mail; or
(3)
By presenting a copy to the agent of the owner, to
the operator, or to an adult occupant of the dwelling.
B.
In addition, a copy of the notice or order shall be
posted in a conspicuous place on the dwelling.
A.
Responsibility for compliance. The responsibility
for compliance with the applicable requirements of Sections 622 through
625 shall be upon the owner.
B.
Principal members. Every exterior wall, roof and foundation
shall be weathertight and watertight. Every floor, wall and ceiling
shall be sound and tight. All members of the structure shall be kept
in good repair and in safe condition.
C.
Stairs and porches. Every inside and outside stairs,
every porch and every other appurtenance to the structure shall be
so constructed as to be safe for use, shall be kept in sound condition
and good repair. The Director may require that any inside or outside
stairways have at least one well-secured handrail, which extend the
full length of the stairway, when it is deemed necessary for safe
passage.
D.
Openings. Every window, exterior door and basement
hatchway shall be weathertight and watertight and shall be kept in
sound working condition and good repair. All entrance doors into a
dwelling unit or rooming unit shall be equipped with a latching or
locking device. All exterior windows that are capable of being opened
and all other potential means of egress shall be equipped with hardware
for latching.
E.
Egress. Every dwelling unit and every rooming unit
shall have safe and unobstructed means of egress leading to a safe
and open space at ground level.
B.
Electricity supply. Every dwelling unit and every
rooming house within 300 feet of power lines shall be supplied with
electricity. In all cases electrical service shall be a minimum service
of 60 amperes.
C.
Electric fixtures and outlets.
(1)
Every outlet and fixture shall be properly installed,
maintained in good and safe working condition and connected to the
source of electric energy in a safe manner. Every habitable room in
a dwelling supplied with electric service shall contain at least two
separate baseboard or wall type electric convenience outlets or one
such convenience outlet and one supplied ceiling or wall type electric
light fixtures or any other fixtures or devices as will provide equivalent
electric service. All other rooms and every communicating corridor,
public hall and stairway shall contain at least one ceiling- or wall-type
electric light fixture or any other fixture or device as will provide
equivalent electric service.
(2)
Every duplex electric convenience outlet in a room
containing a toilet, lavatory sink, bathtub, or shower stall shall
be protected by a ground fault interrupter.
(3)
Every hallway, communicating corridor, and stairway
in every dwelling shall at all times provide in all parts thereof
at least 10 footcandles of light at each tread or floor area. Artificial
light shall be provided at all times or shall have conveniently located
light switches which can be turned on when needed. The Director may
require the adequate lighting at all times of any public hall or stairway
leading to one or more dwelling units or rooming units in any building
or structure occupied in part as a dwelling and in part for industrial
or commercial purposes.
D.
Heating.
(1)
Every dwelling occupied during the heating season
shall have heating facilities which are properly installed, maintained
in a safe and good working condition, and capable of safely and adequately
heating all habitable rooms, rooms containing a toilet, bathtub or
shower, communicating corridors within dwelling units, and community
corridors within rooming houses from rooming units to rooms containing
a toilet, bathtub or shower.
(2)
A temperature of at least 68° Fahrenheit shall
be provided in all dwelling units regardless of thermostat location
when the outside temperature is 10° Fahrenheit or above during
the heating seasons.
(3)
At no time shall the temperature in the areas specified in § 835-22D(1) be less than 61° Fahrenheit when the outside temperature is below 10° Fahrenheit.
(4)
Responsibility for compliance with this Subsection
shall be upon the owner or operator of any dwelling, dwelling unit,
light housekeeping unit or rooming unit, except where the occupant
of a dwelling unit agrees in writing to furnish the required heating
devices. If an occupant has agreed to provide heating devices, the
owner or operator shall provide sufficient flue connections, fuel
connections and fuel storage facilities at convenient points so as
to permit the proper installation of such heating devices.
(5)
The Director may prohibit the use of any heating device
which the Director has determined to be a danger to health or safety.
(6)
For the purposes of this Subsection, all temperatures
shall be measured at a distance of at least three feet above the floor
level and no closer than two feet from an outside wall.
E.
Water supply. Every dwelling unit and rooming house shall be supplied with piped running potable water provided in an adequate amount to every required fixture connected with the water supply and drainage system as provided in § 835-15B. Every dwelling within 250 feet of a public water supply shall be connected to that public water supply.
F.
Water heating facilities. Every dwelling shall have water heating facilities which are properly installed, maintained in safe and good working condition, and properly connected with the water supply system required in § 835-22E. Hot water shall be provided at a temperature of not less than 110° Fahrenheit measured at the tap. Hot water shall be provided in an adequate amount at every required kitchen sink, lavatory basin, bathtub or shower as provided in § 835-15B.
G.
Installation and maintenance.
(1)
Every gas pipe, water pipe, waste pipe, drain, vent, gas burning fixture, any required fixture connected with the water supply and drainage system, together with all connections to water, sewer or gas lines, shall be cleanable and shall be installed and maintained in good, sanitary condition, free from defects, leaks and obstructions, and in accordance with the rules and regulations of the Department. Any fixture required by this chapter connected to the water supply system and/or sewerage system shall comply with the requirements of Article XV. Every kitchen sink, lavatory basin, bathtub, or shower required in § 835-22H through J shall be supplied with hot and cold piped running water.
(2)
Every dwelling or rooming house shall have an approved
operating sewage disposal system as required by state and County regulations.
(3)
Every dwelling unit shall have adequate connections
located in the kitchen for the safe and efficient installation and
operation of a stove for the preparation and cooking of food.
H.
Kitchen sinks. Every dwelling unit or rooming house
where a common kitchen is provided shall contain an installed kitchen
sink in the kitchen. Cabinet units in which kitchen sinks are installed
shall be maintained in good repair.
I.
Toilets, lavatory basins and bathtubs or showers in
dwelling units. Every dwelling unit shall be provided with at least
one toilet, one lavatory basin and one bathtub or shower within the
dwelling unit.
J.
Toilets, lavatory basins and bathtubs and showers
in rooming houses and for light housekeeping units.
(1)
There shall be at least one toilet, one lavatory basin,
and one bathtub or shower for each six persons or fraction thereof,
including members of the operator's family whenever they share the
use of these facilities. In a rooming house where rooming units are
let only to males, flush urinals maybe substituted for not more than
1/3 the required number of toilets. When multiple toilets exist within
the same room each toilet shall be enclosed within its own privacy
stall.
(2)
In any dwelling in which toilets, lavatory basins,
bathtubs or showers are shared by the occupants of more than one light
housekeeping unit or rooming unit, such facilities shall be readily
accessible and so located as not to require going through another
light housekeeping unit or rooming unit.
(3)
Rooming houses permitted as nursing homes or personal
care boarding homes by the Commonwealth of Pennsylvania need only
comply with the standards set forth by the commonwealth.
Every occupant of a dwelling unit shall keep
all electric, heating and water supplied fixtures and all other facilities
in a clean and sanitary condition and shall exercise reasonable care
in their proper use and operation.
A.
Location and arrangement. All toilets, bathtubs and
showers shall be located within the dwelling unit in rooms which afford
privacy. Bathtubs and showers need not be located in the same room
as toilets but every room which contains a toilet shall have readily
accessible lavatory facilities. No toilet may be located in a sleeping
room.
B.
Windows and ventilation. Every bathroom and toilet room shall comply with the window area and ventilation requirements for habitable rooms contained in § 835-27F and G unless a mechanical ventilation duct directly to the outdoors is provided. Ventilation shall comply with the requirement for air changes specified in § 835-15B.
C.
Floors. Every bathroom, toilet room and shower room
floor shall be so constructed and maintained as to be reasonably impervious
to water and capable of being kept in a clean and sanitary condition
at all times.
A.
Single- and multiple-station smoke detectors shall
be of an approved type and shall be installed and maintained in full
operating condition in accordance with the provisions of this chapter
as follows:
(1)
Rooming houses. Single- or multiple-station smoke
detectors shall be installed and maintained in the following locations:
(4)
Exceptions:
(a)
In rooming units and dwelling units with split
levels and without an intervening door between the adjacent levels,
a smoke detector installed on the upper level shall suffice for the
adjacent lower level, provided that the lower level is less than one
full story below the upper level.
(b)
In structures equipped throughout with an approved
automatic sprinkler system, smoke detectors are not required in sleeping
rooms equipped with residential sprinklers.
B.
Every owner and operator shall be responsible for
providing and maintaining all required smoke detectors in proper operating
condition.
C.
If a dwelling is equipped with battery operated smoke
detectors, the owner or operator shall be responsible for providing
proper batteries to smoke detectors which are in rooming units, light
housekeeping units and common areas. The occupant of a dwelling unit
shall be responsible for providing proper batteries to smoke detectors
within their dwelling unit.
A.
Access to sleeping rooms and rooming units. No dwelling
or rooming house shall have such room arrangements where access to
a sleeping room or rooming unit can be gained only by going through
a bathroom or toilet room. Access and egress for each rooming unit
shall be provided without passing through another rooming unit.
B.
Occupancy of basements and cellars. No basement or
cellar shall be occupied as a dwelling unit or habitable room unless
there is compliance with the following requirements.
(1)
The floors and walls shall be impervious to leakage
of underground and surface runoff water and shall be free of dampness.
The floors shall be constructed of material which is easy to keep
in a clean and sanitary condition.
(2)
Each room shall comply with § 835-27F and G. Any room intended to be used for sleeping purposes shall have at least one window which can be opened from the inside. Such windows shall have a minimum clear opening of 5.7 square feet, at least 24 inches in height and no less than 20 inches in width. The finished sill shall be not more than 48 inches above the floor. If the window, or any part of it, is located below grade, an exterior excavation shall be made from grade level to at least six inches below the sill. Such excavation shall extend at least 36 inches from the exterior of the window and at least 36 inches on each side. If the top of the window sill is 48 inches or more below grade, a stairway to grade shall be provided. A door leading directly to the outside and exiting at grade level may be provided in lieu of the specified window.
(3)
The ceiling height shall be at least seven feet.
C.
Ceiling heights. The ceiling height of any habitable room shall be at least seven feet, except that in any habitable room with a sloping ceiling, at least 1/2 of the floor area shall have a ceiling height of at least seven feet. The floor area of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the floor areas under § 835-27D and E. Duct work and pipes suspended from the ceiling must be at least 78 inches above the floor.
D.
Total floor area. Every dwelling unit shall contain
at least 150 square feet of floor area for the first occupant and
at least 100 additional square feet of floor area for each additional
occupant. Total floor area shall be calculated by adding the floor
areas of all habitable rooms within the dwelling unit.
E.
Sleeping room area.
(1)
Every room occupied for sleeping purposes in dwelling
units shall contain at least 70 square feet of floor area for the
first occupant and at least 50 additional square feet of floor area
for each additional occupant.
(2)
Every room in a rooming house occupied for sleeping
purposes by one occupant shall contain at least 100 square feet of
floor area, and every room in a rooming house occupied for sleeping
purposes by more than one occupant shall contain at least 100 square
feet of floor area for the first occupant and at least 50 square feet
of floor area for each additional occupant 12 years of age or over.
Rooming houses permitted prior to the effective date of this chapter
shall not be required to comply with this section until the rooming
house is reconstructed.
(3)
Rooming houses permitted as nursing homes or personal
care boarding homes by the Commonwealth of Pennsylvania need only
comply with the standards set forth by the commonwealth.
F.
Window area. Every habitable room shall have at least
one window facing directly to the outdoors. The minimum total window
area measured between stops for every habitable room shall be 8% of
the floor area. A skylight-type window is considered a window.
G.
Ventilation. Every habitable room shall have at least one window which can be opened easily, or any other device as will adequately ventilate the room. If a window is the only means of ventilation, the total of openable window area in every habitable room shall beat least 4% of the floor area. Any window opening onto a glass enclosed porch shall not be included in determining the openable window area. Compliance with the requirements of this Subsection may be achieved by mechanical ventilation duct directly to the outdoors, provided that the minimum air changes per hour comply with the standards set forth in § 835-15B(3)(j).
A.
When the Director determines that the presence of
lead-based paint or a lead-based paint hazard on any premises creates
a health hazard to any child or other person, the Director may issue
an order to the owner to eliminate the hazard within a reasonable
period prescribed by the Director.
B.
When a lead-based paint hazard has been identified
on a chewable surface, as identified by the Director, the lead-based
paint shall be completely removed or permanently enclosed with methods
approved by the Director. Accessible, nonchewable, lead-based painted
surfaces with loose, cracked, chipped, blistered, peeling, or otherwise
deteriorated surfaces shall have such lead-based paint completely
removed or covered in a manner approved by the Director.
C.
Prior to any attempt to remove, abate or hazard reduce
an identified lead-based paint hazard, the owner shall advise the
Director in writing of the proposed methods to be used and the schedule
of abatement. Removal, abatement or hazard reduction procedures shall
not begin until the proposed methods and schedule have been approved
in writing by the Director.
D.
No person shall apply or cause to be applied any lead-based
paint on a premise except in those areas recommended or approved by
the manufacturer of the paint.
A.
Protection.
(1)
No person shall occupy as owner-occupant, or let to
another for occupancy, any dwelling, dwelling unit, light housekeeping
unit or rooming unit unless every foundation, floor, wall, ceiling,
roof, window, exterior door and basement hatchway is free from openings
large enough to permit the entry of rodents.
(2)
No person shall occupy as owner-occupant, or let to
another for occupancy, any dwelling, dwelling unit, light housekeeping
unit or rooming unit unless every basement or cellar window, used
or intended to be used for ventilation, and every other opening to
a basement or cellar which may permit the entry of rodents is supplied
with a protective device which will effectively prevent the entry
of rodents.
(3)
When the Director determines that the presence of
mosquitoes, flies, or other insects in any area of the County constitutes
a danger to public health, the Director may require that all dwellings
in the area comply with the following provisions during such times
of the year as the Director deems necessary.
(a)
Every door opening directly from a dwelling
to outdoor space shall have screens and a self-closing device, except
that the Director may exempt from this requirement cellar and basement
doors in any dwelling if the exemptions will not create a danger to
public health.
(b)
Every window or other device with openings to
outdoor space used or intended to be used for ventilation shall have
screens.
(c)
The owner or operator shall supply and the occupant
of a dwelling unit shall hang screens required under the provisions
of this subsection except where the owner or operator and occupant
have agreed otherwise as to who shall supply and hang the screens.
(4)
No person shall maintain or permit to be maintained
any artificial receptacle or pool, including but not limited to scrap
tires or appliances, containing water in such condition that breeding
of pest vectors therein may become a danger to the public health or
create a nuisance.
(5)
No person or municipality shall maintain a premise
so as to cause the development of nuisance pest vectors.
(6)
No person shall maintain, create or fail to eliminate
a food source condition that creates or contributes to a pest vector
problem.
(a)
Feeding of domestic birds or animals shall be
done in a manner so as not to create a nuisance by a pest vector attracted
by the food. Uneaten food shall be promptly removed and food spillage
shall be cleaned up promptly.
(b)
Feeding of nondomestic birds and animals shall
be done in such a manner so as not to create a pest vector nuisance
to residents, occupants or users of a premises. When the Director
determines that feeding of nondomestic birds or animals have created
a nuisance, the Director may order the person feeding to cease such
activity.
(c)
Any food source utilized by a pest vector shall
be eliminated by the owner of the property or other responsible party
when so ordered by the Director.
B.
Maintenance.
(1)
No person shall maintain domestic animals so as to
create a nuisance by reason of animal waste, bedding, food, pest vectors
or odors. Any person who maintains domestic animals shall clean up
and properly dispose of all animal waste generated so that such waste
does not create a nuisance by reason of odors or pest vector attraction.
The Director may specify a schedule of maintenance.
(2)
It shall be the responsibility of the owner of any
property to promptly remove and properly dispose of any dead animals
located on their property.
(3)
Composting of yard wastes and organic materials shall
be conducted so as not to create a pest vector nuisance, actual or
potential health hazard, odors or other nuisance. The Director may
evaluate a home recycling system and specify methods or materials
required for operation to prevent or eliminate a nuisance. The Director
may order the suspension of composting and recycling of wastes when
the Director determines it contributes to an actual or potential health
hazard or nuisance.
(4)
No person shall maintain a building or premises, occupied
or not, whereby its deterioration, unsealed openings or other characteristics
create a pest vector attraction, nuisance or safety hazard.
(a)
It shall be the responsibility of the owner
of a vacant structure to maintain the structure in a condition where
all openings are sealed to prevent the entry and attraction of pest
vectors and to prevent a nuisance or safety hazard.
(b)
It shall be the responsibility of the owner
of a vacant premise or lot to maintain the property in a condition
to prevent the entry, attraction or breeding of pest vectors and to
prevent a nuisance or safety hazard.
(5)
Any premises determined by the Director to be a nuisance
by reason of unrestricted plant growth shall be maintained so as to
restrict such growth to 10 inches or less. In single-family dwellings,
the occupant shall be responsible for compliance with this subsection.
C.
Responsibility for general measures. Every occupant
of a dwelling containing a single dwelling unit shall be responsible
for the extermination of any insects, rodents or other pest vectors
in the dwelling or on the premises. Every occupant in a dwelling containing
more than one dwelling unit shall be responsible for extermination
when his dwelling unit is the only one infested. When the infestation
in either a single or multiple unit dwelling is caused by failure
of the owner to maintain the dwelling in a rodent-proof or reasonably
insect-proof condition, extermination shall be the responsibility
of the owner. When infestations exist in two or more dwelling units
in any dwelling, or in the shared or public parts of any dwelling,
extermination shall be the responsibility of the owner. When infestation
exists in any rooming house, extermination shall be the responsibility
of the operator.
A.
Facilities required. Every dwelling unit shall be
supplied by the occupant with adequate refuse storage facilities,
except that in the case of multiple dwellings and rooming houses,
the owner or operator shall be responsible for supplying such facilities.
Refuse storage facilities shall be made of metal or equivalent material,
shall be watertight and provided with tight covers which shall be
kept securely closed at all times. The type and location of refuse
storage and disposal facilities shall be subject to approval by the
Director and meet the standards set forth in Article VIII.
B.
Responsibility for proper storage and disposal. The
occupant of every dwelling unit or rooming unit shall be responsible
for the storage of garbage, refuse and rubbish in a clean and sanitary
manner in accordance with the provisions of this chapter and in compliance
with any other rules and regulations of the County. In the case of
multiple dwellings and rooming houses, the owner or operator shall
be responsible for maintaining the shared refuse storage facilities
in a clean and sanitary manner.
Every owner of a premises and every operator
of a rooming house shall maintain the dwelling and premises, including
all fences, enclosures and appurtenances, in sound condition and good
repair.
The operator of every rooming house shall be
responsible for the maintenance of all walls, floors and ceilings
in every part of the rooming house. Unless exempted by the Director
in writing, the operator of every rooming house shall provide clean
bed linen and towels at least once a week and prior to the letting
of any room to any occupant. The operator shall be responsible for
the maintenance of all supplied bedding in a clean and sanitary manner.
A.
Occupant responsibility. Every occupant of a dwelling
unit, light housekeeping unit or rooming unit shall keep that part
of the dwelling and premises which they occupy and control in a dean
and sanitary condition, free from any accumulation of dirt, refuse,
debris or other matter.
B.
Owner responsibility for shared or public areas. Every
owner of a dwelling containing two or more dwelling units or one dwelling
unit and one or more rooming units shall be responsible for maintaining
in a clean and sanitary condition the shared or public areas of the
dwelling and premises.
Any interested party may request a variance
from the provisions of this chapter from the Director. All requests
must be in writing, state the reasons for the request, and provide
evidence that the variance poses no real or potential hazard to the
health, safety or welfare of the public or any individual.
A.
No person shall occupy as owner-occupant or let to
another for occupancy any vacant dwelling unit, light housekeeping
unit or rooming unit unless it is dean, sanitary, in good maintenance
and repair and fit for human habitation. Should a unit for which violations
have been identified and orders issued becomes vacant prior to correction
of these violations, the owner shall have the unit inspected and corrections
verified by the Department prior to any reoccupancy.
B.
After an initial "no charge" inspection to approve
a dwelling unit for reoccupancy, the owner of the dwelling unit shall
pay a fee for each additional inspection that is needed to determine
compliance as specified in a fee schedule as determined by the Director
upon annual consultation with the Board of Health.
Every facility, piece of equipment or utility
which is required under this chapter shall be so constructed or installed
that it will function safely and effectively and shall be maintained
in satisfactory working condition by the person responsible under
this chapter.
No owner, operator, tenant or occupant shall
cause any service which is required under this chapter to be removed,
shut off or discontinued in any occupied dwelling except for such
temporary interruption as may be necessary while actual repairs are
in process or during temporary emergencies.
A.
Summary offenses. Any person who violates any of the
provisions of this chapter or any rule or regulation of the Department,
or who interferes with the Director or any other agent of the Department
in the discharge of his official duties, shall, for the first offense,
upon conviction thereof in a summary proceeding before any alderman
or justice of the peace of Allegheny County, or before any police
magistrate if such offense is committed in a city of the second class,
be sentenced to pay the costs of prosecution and a fine of not less
than $30 nor more than $300 and, in default thereof, to undergo imprisonment
of not less than 10 days nor more than 30 days.
B.
Misdemeanors. Any person who violates any of the provisions
of this chapter or any rule or regulation of the Department, or who
interferes with the Director or any other agent of the Department
in the discharge of their official duties, convicted of a second or
subsequent offense, shall be guilty of a misdemeanor and shall, upon
conviction thereof, be sentenced to pay a fine of not less than $500
nor more than $1,000 or to undergo imprisonment not exceeding one
year, or both.
C.
Separate offenses. For the purpose of this section,
violations on separate days shall be considered separate offenses.
Each violation of any separate subsection or section of this chapter
shall constitute a separate offense.
D.
Civil penalties. Pursuant to the provisions of Article
XVI, Environmental Health Civil Penalties,[1] any person who violates any of the provisions of this
chapter may be assessed a civil penalty whether or not the violation
is willful.
[1]
Editor's Note: See Ch. 218, Fees and Penalties,
Art. I, Environmental Health Civil Penalties.
