Township of Penn, PA
Westmoreland County
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[HISTORY: Adopted by the Board of Commissioners of the Township of Penn 5-17-2017 by Ord. No. 916.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Dangerous buildings — See Ch. 67.
[1]
Editor's Note: This ordinance also repealed former Ch. 125, Property Maintenance, adopted 5-21-2007 by Ord. No. 835, as amended.
The Township hereby adopts and enacts the International Property Maintenance Code, 2012 Edition, as published by the International Code Council, as herein varied, changed, modified and amended, copies of which are on file in the Office of the Township Secretary, as the Property Maintenance Code of the Township of Penn, Westmoreland County, Pennsylvania, for regulating and governing the conditions and maintenance of all properties, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that buildings, structures and property are safe, sanitary and fit for occupancy and use; and the condemnation of buildings, structures and property unfit for human occupancy and use, and the demolition of such existing structures and buildings as herein provided; providing for the issuance of permits and the imposition and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code, attached hereto, marked Exhibit "A”[1] and expressly made a part hereof, as if fully set out in this chapter, with the variations, additions, insertions, deletions, amendments and changes, if any, prescribed by § 125-2 below.
[1]
Editor’s Note: Exhibit “A” is on file in the Township offices.
The hereinafter set forth sections of the above-referenced code, which form a part of the Property Maintenance Code, are hereby completed, modified or revised as follows:
Chapter 1, Scope and Administration.
SECTION 101
GENERAL
101.1 Title. Insert: "Township of Penn."
SECTION 102
APPLICABILITY
102.3 Application of other codes. Repairs, additions or alterations to a building, a structure or property shall be done in accordance with the procedures and provisions of the Township of Penn Building Code. Changes in occupancy shall be done in accordance with the procedures and provisions of the Township Zoning Ordinance and Township Building Code. Nothing in this code shall be construed to cancel, modify, alter, change or repeal any provision of the Township Zoning Ordinance, or Township Building Code.
SECTION 103
DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION
103.5 Fees. Insert: "As set forth in a separate resolution of the Township of Penn."
SECTION 111
MEANS OF APPEAL
111.1 Appeal. Any person directly affected by a decision of the Code Official or a notice or order under this code shall have a right to appeal pursuant to the provisions and procedures of the Local Agency Law.
111.2 to and including 111.8 are not adopted.
SECTION 112
STOP-WORK ORDER
112.4 Failure to comply. Insert: ". . .fine of not less than $50 or more than $1,000."
Chapter 2, Definitions. The following provisions and definitions, as herein set forth, are hereby adopted and included as part of the Township's Property Maintenance Code.
SECTION 201
GENERAL
201.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter.
201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the Township Building Code or the Township Zoning Ordinance, such terms shall have the meaning ascribed to them as stated in those codes or ordinances.
201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
201.5 Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit," "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof."
SECTION 202
GENERAL DEFINITIONS
ANCHORED — Secured in a manner that provides positive connection.
APPROVED — Approved by the Code Official.
BASEMENT — That portion of a building which is partly or completely below grade.
BATHROOM — A room containing plumbing fixtures including a bathtub or shower.
BEDROOM — Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.
CODE OFFICIAL — The Township's Code Enforcement Officer or the official who is charged with the administration and enforcement of this code, or any duly authorized representative.
CONDEMN — To adjudge unfit for occupancy.
DETACHED — When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection.
DETERIORATION — To weaken, disintegrate, corrode, rust or decay and lose effectiveness.
DWELLING UNIT — A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EASEMENT — That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots.
EQUIPMENT SUPPORT — Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure.
EXTERIOR PROPERTY — The open space on the premises and on adjoining property under the control of owners or operators of such premises.
GARBAGE — All table refuse matter, offal from meat, fish and fowls, vegetables and fruits and parts thereof, and which have become unfit for such use or which are for any reason discarded, or the animal or vegetable waste resulting from the handling, preparation, cooking and consumption of foods.
GUARD — A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
HABITABLE SPACE — Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
HOUSEKEEPING UNIT — A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.
IMMINENT DANGER — A condition which could cause serious or life-threatening injury or death at any time.
INFESTATION — The presence, within or contiguous to a structure or premises, of insects, rats, vermin or other pests.
INOPERABLE MOTOR VEHICLE — A vehicle which cannot be driven upon the public streets for reasons including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
LABELED — Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose.
LET FOR OCCUPANCY or LET — To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
MUNICIPAL WASTE — Any garbage, refuse, industrial lunchroom or office waste and other materials, including solid, liquid, semisolid or contained gaseous materials, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act from a municipal, commercial or institutional waste supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
NEGLECT — The lack of proper maintenance for a building or structure.
OCCUPANCY — The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT — Any individual living or sleeping in a building, or having possession of a space within a building.
OPENABLE AREA — That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR — Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OWNER — Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON — An individual, corporation, partnership, association, cooperative, limited liability company, limited liability partnership, trust, estate or any other legal entity whatsoever which is recognized by law as the subject of rights and duties or any other group acting as a unit. In any provisions of this code prescribing a fine, penalty, imprisonment and/or the payment of fees and expenses or any combinations of the foregoing, the term "person" shall include the members, managers, officers, directors, executives and similar individuals with general executive authority and responsibility of any legal entity set forth above.
PEST ELIMINATION — The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; or by other approved pest elimination methods.
PREMISES — A lot, plot or parcel of land, easement or public way, including any structures thereon.
PUBLIC WAY — Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
ROOMING HOUSE — A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.
ROOMING UNIT — Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
RUBBISH — Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
SLEEPING UNIT — A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
STRICT LIABILITY OFFENSE — An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.
STRUCTURE — That which is built or constructed or a portion thereof.
TENANT — A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
TOILET ROOM — A room containing a water closet or urinal but not a bathtub or shower.
ULTIMATE DEFORMATION — The deformation at which failure occurs and which shall be deemed to occur if the sustainable load reduces to 80% or less of the maximum strength.
VENTILATION — The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
WORKMANLIKE — Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
YARD — An open space on the same lot with a structure.
Chapter 3, General Requirements. The following general requirements are hereby adopted as part of the Township's Property Maintenance Code.
SECTION 301
GENERAL
301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
SECTION 302
EXTERIOR PROPERTY AREAS
302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
302.2 Land disturbance, grading and drainage. All premises shall be graded, stabilized and maintained to prevent the accumulation of stagnant water, the erosion of soil and the uncontrolled discharge of sediment and/or water runoff onto adjacent properties, any public or private streets, stormwater systems or facilities and/or the waters of the commonwealth.
(Note: Land disturbances over 5,000 square feet are regulated by Township ordinances and state and federal acts and regulations.)
302.3 Sidewalks and driveways. All sidewalks and walkways used by the public and all stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, maintained free from hazardous conditions and in compliance with all other ordinances of the Township relating to the same. Further, parking of vehicles on sidewalks and walkways used by the public is prohibited.
302.4. High grass, noxious weeds and other vegetation. The following provisions of this section shall apply to matters related to high grass, noxious weeds and other vegetation identified herein.
A.
Definitions. The following definitions shall apply to the interpretation and enforcement of this section of the code.
OWNER — The person who, alone or jointly or severally with others:
(1)
Shall have legal or equitable title to any property, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
(2)
Shall have charge, care or control of any, property, dwelling or dwelling unit as owner, tenant or agent of the owner or tenant, or as executor, administrator or guardian of the estate of the owner. Any such person thus representing the actual owner or tenant shall be bound to comply with the provisions of this section and any rules or regulations adopted pursuant thereto to the same extent as if he or she were the owner or tenant.
PERSON — Includes any individual, firm, corporation, association, partnership, or other legal entity.
PREMISES — Any property, building, structure or dwelling situated in the Township of Penn.
PROPERTY — A piece, parcel, lot or tract of land or easement with regard to the same.
STRUCTURE — Anything constructed or erected with a fixed or ascertainable location on the ground, whether or not affixed to the ground, including buildings, walls, fences, platforms, decks, billboards, signs and walks.
B.
Meaning of certain words. All words used in the singular shall include the plural; all words used in the plural shall include the singular; all words referring to a certain gender shall include reference to both genders; whenever the words "dwelling," "dwelling unit" or "premises" are used in this section, they shall be construed as though they were followed by the words "or any part thereof."
C.
Grass, noxious weeds, vegetation, trees, plants and shrubbery. The Council of the Township of Penn does hereby declare the excessive growth of grass as herein defined; the growth or presence of noxious weeds; and the growth, presence and location of trees, bushes, shrubbery, plants or growth, as herein set forth, to be a health and/or safety hazard to the residents of the Township of Penn, particularly in those areas of the Township of Penn zoned or utilized for residential, business, commercial and industrial purposes.
1.
No person owning or occupying any property within the Township of Penn zoned or utilized for residential, business, commercial or industrial purposes shall permit any grass or weeds or any vegetation whatsoever, not edible or planted for some useful or ornamental purpose, to grow or remain upon such premises that:
a.
Exceeds a height of 10 inches; or
b.
Is a noxious weed as defined or prohibited by the Noxious Weed Control Law or by regulations of the Department of Agriculture. Noxious weeds are defined as a plant that is determined to be injurious to public health, crops, livestock, agricultural land or other property. The following are considered noxious weeds:
(1)
Cannabis sativa, commonly known as marijuana.
(2)
The Lythrum salicaria complex: Any nonnative Lythrum, including Lythrum salicaria and Lythrum virgatum, their cultivars and any combination thereof.
(3)
Cirsium arvense, commonly known as Canadian thistle.
(4)
Rosa multiflora, commonly known as multiflora rose.
(5)
Sorghum halepense, commonly known as Johnson grass.
(6)
Carduus nutans, commonly known as musk thistle.
(7)
Cirsium vulgare, commonly known as bull thistle.
(8)
Datura stramonium, commonly known as jimsonweed.
(9)
Polygonum perfoliatum, commonly known as mile-a-minute.
(10)
Pueraria lobata, commonly known as kudzu vine.
(11)
Sorghum bicolor cv. drummondii, commonly known as shattercane.
(12)
Heracleum mantegazzianum, commonly known as giant hogweed.
(13)
Galega officinalis, commonly known as goat's rue.
(14)
Cichorium intybus, commonly known as chicory, succory or blue daisy.
D.
No person owning or occupying any property within the Township of Penn zoned or utilized for residential, business, commercial or industrial purposes shall permit any trees, bushes, shrubbery, vegetation or other growth, of whatsoever kind or nature, to grow or remain upon such premises so as to encroach upon adjoining sidewalks, streets, highways or alleys in such a manner as to interfere with pedestrian or vehicular traffic lawfully using such sidewalks, streets, highways or alleys or in such manner as to restrict the clear view of vehicular traffic using such streets, highways or alleys. Likewise, no person owning or occupying any property as set forth herein shall be permitted to allow any trees, bushes, shrubbery, vegetation or other growth as identified above to cover, conceal or interfere with any fire hydrant or other fire service connection. Any trees, bushes, shrubbery, vegetation or other growth growing upon any premises zoned or utilized for residential, business, commercial or industrial purposes in the Township of Penn in violation of any of the provisions of this section is hereby declared to be a nuisance and detrimental to the health, welfare and safety of the inhabitants of the Township of Penn.
E.
Any grass, weeds or other vegetation growing upon any such premises within the Township in violation of any the provisions of this section is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Township of Penn.
F.
The owner or occupant of any premises situate in the Township of Penn zoned or utilized for residential purposes shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of this section.
G.
Any duly appointed Code Enforcement Officer of the Township of Penn or any other official or agency duly appointed by Council is hereby designated and authorized to give notice, by personal service or by certified and first-class United States Mail, postage prepaid, to the owner or occupant, as the case may be, of any premises subject to the regulations of this section whereon grass, weeds or other vegetation or trees, hedges, bushes or shrubbery are growing or remaining in violation of the provisions hereof, directing and requiring such owner or occupant to remove, trim or cut such grass, weeds or vegetation, or trees, hedges, bushes or shrubbery, so as to conform to the requirements of this section, within 14 days of the issuance of such notice. Said notice may, at the discretion of Code Enforcement Officer or any other official or agency duly appointed by Council, be by correspondence or on a citation notice, in a form as shall be approved by the Council of the Township of Penn. In case any person shall neglect, fail or refuse to comply with such notice within the period of time stated herein, the Township authorities may remove, trim or cut such grass, weeds or vegetation, or trees, hedges, bushes or shrubbery, and collect the cost thereof, together with any additional penalty authorized by law, from such person by the filing of a municipal claim and lien against the person and the real property which is the subject of said violation.
H.
Violations and penalties.
(1)
Any person who or which shall violate or fail, neglect or refuse to comply with any of the provisions of this section or any notice issued hereunder shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $1,000, plus reasonable attorney fees and costs of prosecution, and in the event of a subsequent conviction thereof, for every such violation that constitutes the same offense, be sentenced to pay a fine of not less than $100 nor more than $1,000, plus reasonable attorney fees and costs of prosecution; or, in the alternative, to suffer an imprisonment for a period not exceeding 30 days. Each day's violation shall constitute a separate punishable offense, and notice to the offender shall not be necessary in order to constitute an additional offense.
(2)
In the enforcement of this section, any duly appointed Code Enforcement Officer of the Township of Penn or any other official or agency duly appointed by Commissioners may, at his or its sole discretion, utilize a citation notice in a form to be approved by the Council of the Township of Penn notifying the person responsible as to the violation of this section and providing that person with an opportunity to remedy said violation within 10 days of the date of that notice and to impose a fine not to exceed $50, payable to the Township of Penn, without the necessity of a court proceeding and the imposition of attorney fees and court costs.
(3)
Any person who or which shall violate or fail, neglect or refuse to comply with any of the provisions of this section or any notice issued hereunder shall remain liable and responsible to remove, trim or cut such grass, weeds or vegetation, or trees, hedges, bushes or shrubbery, so as to conform to the requirements of this section, notwithstanding that such person has pled guilty or been convicted or has paid any fine, fees or costs imposed or been imprisoned for any violation.
302.5 Rodent harborage and insect infestation. All structures and exterior property shall be kept free from rodent harborage and wood-destroying insect infestation. Where rodents and wood-destroying insects are found, they shall be promptly exterminated by approved processes which will not be injurious to human health or pets. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon, abutting or adjacent public or private property or that of another tenant.
302.7 Accessory structures. All accessory structures, including detached garages, fences, sheds, pools and walls, shall be maintained structurally sound and in good repair.
302.8 Junk motor vehicles.
A.
"Junk motor vehicle" is a motor vehicle:
a)
That is without a valid registration plate or valid and current inspection; and
b)
Is unable to move under its own power, or has not been moved for a period of 30 days.
B.
Except as provided for in other ordinances or regulations of the Township, no junk motor vehicle shall be parked, kept, placed or stored on any premises outside of a building or fully enclosed structure with a roof in any zoning district of the Township; and no junk motor vehicle shall at any time be on any premises in any of the above-designated zoning districts outside of a building or fully enclosed structure with a roof when it is in a state of disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo repair and restoration, including body work, provided that such work is performed inside a building or fully enclosed structure with a roof or a similarly enclosed area designed, intended, permitted and approved for such purposes.
302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti.
It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
SECTION 303
SWIMMING POOLS, SPAS AND HOT TUBS
Swimming pools. A swimming pool is any depression in the ground, whether temporary or permanent, or a container of water, either temporary or permanent and either above or below the ground, in which water of an average depth of 24 inches or more is contained and which is used primarily for the purpose of swimming, water sports or therapeutics.
303.1 Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1,219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is a minimum of 54 inches (1,372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
Fencing. Residential swimming pools shall be completely enclosed with a protective barrier of sufficient strength to prevent access to the pool. Such barrier shall not be less than four feet in height and so constructed without holes or openings larger than four inches. Any openings in said barrier greater than four inches, and used as a point of access to the pool area, shall be equipped with gates or doors, with a self-closing and self-latching device to secure the gate or door at all times when not in actual use, and the same shall be locked when the pool is unattended.
Aboveground swimming pools.
(a)
Aboveground swimming pools, with provided fencing to prevent unguarded entry, shall be allowed without separate additional fencing, providing the provided fence is of the minimum required height and design as specified in this section. Said minimum required height refers to the height measured from the top of the fence to the ground at the point where the top of the fence is closest to the ground as the same surrounds said aboveground pool.
(b)
Permanent access from grade to aboveground pools having stationary ladders, stairs or ramps shall meet the requirements for fencing and gates as set forth herein.
(c)
No fence or barrier required by this section, except for aboveground pools as set forth herein, shall be located, erected, constructed or maintained closer to a pool than three feet from the water. The wall of a house or building facade to a pool may be incorporated as a portion of such fence or barrier so long as said wall equals or exceeds the height requirements as set forth in this chapter.
Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.
SECTION 304
EXTERIOR STRUCTURE
304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:
1.
The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
2.
The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations, is not capable of resisting all nominal loads or load effects;
3.
Structures or components thereof that have reached their limit state;
4.
Siding and masonry joints, including joints between the building envelope and the perimeter of windows, doors and skylights, are not maintained, weather resistant or watertight;
5.
Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects;
6.
Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
7.
Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
8.
Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects;
9.
Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects;
10.
Veneers, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
11.
Overhang extensions or projections, including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
12.
Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or
13.
Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.
Exceptions:
1.
When substantiated otherwise by an approved method.
2.
Demolition of unsafe conditions shall be permitted when approved by the Code Official.
304.2 Protective treatment. All exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather-resistant and watertight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
304.3 Premises identification. Buildings and properties shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These address numbers shall be constructed, located and maintained in accord with the provisions of other ordinances of the Township addressing this subject matter.
304.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
304.5 Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials, and maintained weatherproof and properly surface coated where required to prevent deterioration.
304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
304.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
304.9 Overhang extensions. All overhang extensions, including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts, shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
304.13 Windows, skylights and door frames. Every window, skylight, door and frame shall be kept in sound condition and good repair and shall be weathertight.
304.13.1 Glazing. All glazing materials shall be kept in sound condition, good repair and weathertight.
304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
304.14 Insect screens. On every commercial building or enclosed commercial structure, during the period from May 1 to October 1, 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.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3.
304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
304.17 Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.
304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.
304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of one inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock.
304.18.2 Windows. Operable windows located in whole or in part within six feet (1,828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device.
304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.
304.19 Gates. All exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates.
SECTION 305
INTERIOR STRUCTURE
305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
305.1.1. Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:
1.
The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
2.
The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations, is not capable of resisting all nominal loads or load effects;
3.
Structures or components thereof that have reached their limit state;
4.
Structural members are incapable of supporting nominal loads and load effects;
5.
Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
6.
Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.
Exceptions:
1.
When substantiated otherwise by an approved method.
2.
Demolition of unsafe conditions shall be permitted when approved by the Code Official.
305.2 Structural members. All structural members shall be maintained structurally sound and shall be capable of supporting the imposed loads.
305.3 Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.
SECTION 306
COMPONENT SERVICEABILITY
306.1 General. The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition.
306.1.1 Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code as required for existing buildings:
1.
Soils that have been subjected to any of the following conditions:
1.1
Collapse of footing or foundation system;
1.2
Damage to footing, foundation, concrete or other structural element due to soil expansion;
1.3
Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil;
1.4
Inadequate soil as determined by a geotechnical investigation;
1.5
Where the allowable bearing capacity of the soil is in doubt; or
1.6
Adverse effects to the footing, foundation, concrete or other structural element due to the groundwater table.
2.
Concrete that has been subjected to any of the following conditions:
2.1
Deterioration;
2.2
Ultimate deformation;
2.3
Fractures;
2.4
Fissures;
2.5
Spalling;
2.6
Exposed reinforcement; or
2.7
Detached, dislodged or failing connections.
3.
Aluminum that has been subjected to any of the following conditions:
3.1
Deterioration;
3.2
Corrosion;
3.3
Elastic deformation;
3.4
Ultimate deformation;
3.5
Stress or strain cracks;
3.6
Joint fatigue; or
3.7
Detached, dislodged or failing connections.
3A.
Masonry that has been subjected to any of the following conditions:
3A.1
Deterioration;
3A.2
Ultimate deformation;
3A.3
Fractures in masonry or mortar joints;
3A.4
Fissures in masonry or mortar joints.
4.
Concrete that has been subjected to any of the following conditions:
4.1
Deterioration;
4.2
Ultimate deformation;
4.3
Fractures;
4.4
Fissures;
4.5
Spalling;
4.6
Exposed reinforcement; or
4.7
Detached, dislodged or failing connections.
5.
Steel that has been subjected to any of the following conditions:
5.1
Deterioration;
5.2
Elastic deformation;
5.3
Ultimate deformation;
5.4
Metal fatigue; or
5.5
Detached, dislodged or failing connections.
6.
Wood that has been subjected to any of the following conditions:
6.1
Ultimate deformation;
6.2
Deterioration;
6.3
Damage from insects, rodents and other vermin;
6.4
Fire damage beyond charring;
6.5
Significant splits and checks;
6.6
Horizontal shear cracks;
6.7
Vertical shear cracks;
6.8
Inadequate support;
6.9
Detached, dislodged or failing connections; or
6.10
Excessive cutting and notching.
Exceptions:
1.
When substantiated otherwise by an approved method.
2.
Demolition of unsafe conditions shall be permitted when approved by the Code Official.
SECTION 307
HANDRAILS AND GUARDRAILS
307.1 General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) in height or more than 42 inches (1,067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.
Exception: Guards shall not be required where exempted by the Youngwood Township Building Code.
SECTION 308
RUBBISH AND GARBAGE
308.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.
308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.
308.2.1 Rubbish storage facilities. The owner or occupant of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.
308.2.2 Refrigerators. Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors.
308.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.
308.3.1 Garbage facilities. The owner or occupant of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container.
308.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.
SECTION 309
PEST ELIMINATION
309.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human or pet health. After pest elimination, proper precautions shall be taken to prevent reinfestation.
309.2 Owner. The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure.
309.3 Single occupant. The owner and occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for pest elimination on the premises.
309.4 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination.
309.5 Occupant. The owner and occupant of any occupied structure shall be responsible for the continued rodent and pest-free condition of the structure.
Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination.
Chapter 4, Light, Ventilation and Occupancy Limitations. The following light, ventilation and occupancy limitations are hereby adopted as part of the Township's Property Maintenance Code.
SECTION 401
GENERAL
401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.
401.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter.
401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted.
SECTION 402
LIGHT
402.1. Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8% of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.
Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the floor area of the interior room or space, but a minimum of 25 square feet (2.33m2). The exterior glazing area shall be based on the total floor area being served.
402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9,144 mm). In other than residential occupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space service by means of egress is occupied with a minimum of one footcandle (11 lux) at floors, landings and treads.
402.3 Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.
SECTION 403
VENTILATION
403.1 Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45% of the minimum glazed area required in Section 402.1.
Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the floor area of the interior room or space, but a minimum of 25 square feet (2.33 m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated.
403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.
403.3 Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit.
Exceptions:
1.
Where specifically approved in writing by the code official.
2.
Devices such as coffee pots and microwave ovens shall not be considered cooking appliances.
403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space.
403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer's instructions.
Exception: Listed and labeled condensing (ductless) clothes dryers.
SECTION 404
OCCUPANCY LIMITATIONS
404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
404.2 Minimum room widths. A habitable room, other than a kitchen, shall be a minimum of seven feet (2,134 mm) in any plan dimension. Kitchens shall have a minimum clear passageway of three feet (914 mm) between counterfronts and appliances or counterfronts and walls.
404.3 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of seven feet (2,134 mm).
Exceptions:
1.
In one- and two-family dwellings, beams or girders spaced a minimum of four feet (1,219 mm) on center and projecting a maximum of six inches (152 mm) below the required ceiling height.
2.
Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of six feet eight inches (2,033 mm) with a minimum clear height of six feet four inches (1,932 mm) under beams, birders, ducts and similar obstructions.
3.
Rooms occupied exclusively for sleeping, study or similar purpose and having a sloped ceiling over all or part of the room, with a minimum clear ceiling height of seven feet (2,134 mm) over a minimum of 1/3 of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of five feet (1,524 mm) shall be included.
404.4 Bedroom and living room requirements. Every bedroom and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5.
404.4.1. Room area. Every living room shall contain at least 120 square feet (11.2 m2) and every bedroom shall contain a minimum of 70 square feet (6.5 m2) and every bedroom occupied by more than one person shall contain a minimum of 50 square feet (4.6 m2) of floor area for each occupant thereof.
404.4.2. Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.
Exception: Units that contain fewer than two bedrooms.
404.4.3. Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.
404.4.4. Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes.
404.4.5. Other requirements. Bedrooms shall comply with the applicable provisions of this code, including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of Chapter 5; the hearing facilities and electrical receptacle requirements of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7.
404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5.[1]
404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5[2] shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping area shall comply with Section 404.
404.5.2 Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 404.5[3] 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.
404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:
1.
A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet (11.2 m2). A unit occupied by not more than two occupants shall have a minimum clear floor area of 220 square feet (20.4 m2). A unit occupied by three occupants shall have a minimum clear floor area of 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3.
2.
The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.
3.
The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
4.
The maximum number of occupants shall be three.
404.7 Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and reuse, including facilities for temporary storage.
Chapter 5, Plumbing Facilities and Fixture Requirements. The following plumbing facilities and fixture requirements and the following stormwater operations and maintenance provisions are hereby adopted as part of the Township's Property Maintenance Code.
SECTION 501
GENERAL
501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.
501.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this chapter.
SECTION 502
REQUIRED FACILITIES
502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink, which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.
502.2 Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.
502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each 10 occupants.
502.4 Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees.
502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.
502.5 Public toilet facilities. Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the International Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.
SECTION 503
TOILET ROOMS
503.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.
503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units shall have access by traversing a maximum of one flight of stairs and shall have access from a common hall or passageway.
503.3 Location of employee toilet facilities. Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located a maximum of one story above or below the employees' working area, and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities.
Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities.
503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.
SECTION 504
PLUMBING SYSTEMS AND FIXTURES
504.1 General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning.
504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the Code Official shall require the defects to be corrected to eliminate the hazard.
SECTION 505
WATER SYSTEM
505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code.
505.2 Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.
505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum temperature of 110° F. (43° C.). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.
SECTION 506
SANITARY DRAINAGE SYSTEM
506.1 General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.
506.3 Grease interceptors. Grease interceptors and automatic grease removal devices shall be maintained in accordance with this code and the manufacturer's installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sewage treatment plant or processes. All records of maintenance, cleaning and repairs shall be available for inspection by the Code Official.
SECTION 507
STORMWATER OPERATIONS AND MAINTENANCE
507.1 Responsibility. Where an approved stormwater management facility is owned by a person or entity other than the municipality, then the ownership, operation and maintenance of the stormwater management facility shall be the responsibility of that person or other approved entity.
507.2 Access. Prohibitions and unreasonable delays in allowing the municipality access to a stormwater management facility pursuant to this section is a violation of the section. The failure of any person or entity to grant entry or to undertake any action which impedes or prevents entry is prohibited and constitutes a violation of this section.
507.3 Prohibited discharges.
A.
No person shall introduce, permit or cause stormwater discharges into the municipality's separate storm sewer system which are not composed entirely of stormwater, except as permitted by the Township's Stormwater Management Ordinance, as authorized under a state or federal permit or as authorized in Subsection 1 below.
1.
Permissible discharges which the municipality finds do not significantly contribute to pollution to surface waters of the commonwealth are:
(1)
Discharges from firefighting activities.
(2)
Potable water sources, including dechlorinated water line and fire hydrant flushings.
(3)
Irrigation drainage.
(4)
Routine external building washdown (that does not use detergents or other compounds).
(5)
Air-conditioning condensate.
(6)
Water from individual residential car, boat, or other vehicle washing that does not use detergents or other compounds.
(7)
Springs.
(8)
Water from crawl space pumps.
(9)
Uncontaminated water from foundation or from footing drains.
(10)
Flows from riparian habitats and wetlands.
(11)
Lawn watering.
(12)
Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used.
(13)
Dechlorinated swimming pool discharges.
(14)
Uncontaminated groundwater.
B.
In the event that the municipality determines that any discharge allowed pursuant to this section significantly contributes to pollution of waters of the commonwealth or is so notified by DEP, the municipality shall notify the landowner and/or responsible person to cease such discharge.
C.
Upon notice provided by the municipality under this section, the discharger shall cease the discharge within a time period specified by the municipality.
D.
Nothing in this section shall affect, limit or alleviate a discharger's responsibilities and liabilities under state or federal law.
507.4 Prohibited connections. The following sources, activities or connections are prohibited, except as provided in the previous section:
A.
Any drains or conveyances, whether on the surface or subsurface, which allow any nonstormwater discharge, flows or substances, including but not limited to sewage, process wastewater and wash water, to enter the separate storm sewer system and any connections to the storm drain system from indoor drains and sinks; and
B.
Any drains or conveyances connected from a nonresidential land use to the separate storm sewer system which have not been documented in plans, maps or equivalent records and approved by the municipality.
507.5 Drains.
A.
Unless approved by the municipality or otherwise authorized by law, drains carrying stormwater or groundwater shall discharge to approved infiltration areas or an approved stormwater management facility.
B.
Unless approved by the municipality or otherwise authorized by law, drains carrying stormwater or groundwater shall not be connected to or discharge to streets or the municipal storm sewer system.
C.
Drains carrying stormwater or groundwater shall not be connected to or discharge to any public or private sanitary sewer system or facility.
507.6 Alteration or replacement of stormwater management facilities.
A.
No person shall install, create, modify, remove, fill, landscape or otherwise alter or place any structure or vegetation in or on, or otherwise adversely affect, any stormwater management facility or within a stormwater easement without the written approval of the municipality and/or approval of the commonwealth.
507.7 Violation of stormwater management plan or agreement.
A.
Any violation of the provisions of any stormwater management plan or agreement or similar plan or agreement concerning the maintenance and operation of stormwater management facilities or stormwater BMPs is prohibited and shall constitute a violation of this code.
507.8 Public nuisance.
A.
The violation of any provision of this chapter is hereby deemed a public nuisance.
B.
Each day that a violation continues shall constitute a separate violation.
507.9 Notices of violation, remedial measures and penalties.
A.
Whenever the municipality finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the municipality may order compliance by written notice to the responsible person. Such notice may require, without limitation, any or all of the following:
1.
The performance of monitoring, analyses and reporting.
2.
The elimination of prohibited connections or discharges.
3.
Cessation of any violating discharges, practices or operations.
4.
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property.
5.
Payment of a fine to cover administrative and remediation costs.
6.
The implementation of stormwater management measures.
7.
Operation and maintenance of stormwater management facilities.
8.
Assessment and required payment of any and all correct costs and reasonable attorney fees incurred by the municipality in the enforcement proceedings.
B.
Such notification shall set forth the nature of the violations and establish a time limit for correction of these violations. Said notice may further advise that, if applicable, should the violator fail to take the required action within the established deadline, the work may be done by the municipality, and the costs and expense thereof shall be charged to and assessed against the violator.
C.
Failure to comply within the time specified shall constitute a violation of this chapter and shall also subject such person to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent the municipality from pursuing any and all other remedies available in law or equity.
D.
Fines and penalties. Any person or entity violating any provisions of this chapter or any actions required pursuant to a notice provided for in Subsection A, above, shall, upon conviction, be guilty of a summary offense, which shall carry a criminal fine of not less than $100, nor more than $1,000 for each violation; and upon failure of such violator to fully and timely pay any such fine imposed, to imprisonment to the extent allowed by law for the punishment of violations of summary offenses. In addition, such person or entity found guilty shall be assessed all court costs and reasonable attorney fees incurred by the municipality in the enforcement proceedings.
E.
Separate offense. Each day or portion of a day in which a violation of any provision of this chapter or action required pursuant to a notice provided for in Subsection A, above, is found to exist, shall constitute a separate offense.
Chapter 6, Mechanical and Electrical Requirements. The following mechanical and electrical requirements are hereby adopted as part of the Township's Property Maintenance Code.
SECTION 601
GENERAL
601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided.
601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter.
SECTION 602
HEATING FACILITIES
602.1 Facilities required. Heating facilities shall be provided in structures as required by this section.
602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 65° F. (20° C.) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code.[4] Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.
Exception: In areas where the average monthly temperature is above 30° F. (-1° C.), a minimum temperature of 65° F. (18° C.) shall be maintained.
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 November 1 to April 30 to maintain a minimum temperature of 65° 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.[5]
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.
602.4 Occupiable work spaces. Indoor occupiable office work spaces shall be supplied with heat during the period from November 1 to April 30 to maintain a minimum temperature of 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.
602.5 Room temperature measurement. The required room temperatures shall be measured three feet (914 mm) above the floor near the center of the room and two feet (610 mm) inward from the center of each exterior wall.
SECTION 603
MECHANICAL EQUIPMENT
603.1 Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water-heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.
603.2 Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.
Exception: Fuel-burning equipment and appliances which are designed and labeled for unvented operation.
603.3 Clearances. All required clearances to combustible materials shall be maintained.
603.4 Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation.
603.5 Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.
603.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless designed and labeled for such purpose and the installation is specifically approved.
SECTION 604
ELECTRICAL FACILITIES
604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605.
604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a minimum rating of 60 amperes.
604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.
604.3.1 Abatement of electrical hazards associated with water exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to water.
604.3.1.1 Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the International Building Code.
Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement:
1.
Enclosed switches, rated a maximum of 600 volts or less;
2.
Busway, rated a maximum of 600 volts;
3.
Panelboards, rated a maximum of 600 volts;
4.
Switchboards, rated a maximum of 600 volts;
5.
Fire pump controllers, rated a maximum of 600 volts;
6.
Manual and magnetic motor controllers;
7.
Motor control centers;
8.
Alternating current high-voltage circuit breakers;
9.
Low-voltage power circuit breakers;
10.
Protective relays, meters and current transformers;
11.
Low- and medium-voltage switchgear;
12.
Liquid-filled transformers;
13.
Cast-resin transformers;
14.
Wire or cable that is suitable for wet locations and whose ends have not been exposed to water;
15.
Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water;
16.
Luminaires that are listed as submersible;
17.
Motors;
18.
Electronic control, signaling and communication equipment.
604.3.2 Abatement of electrical hazards associated with fire exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to fire.
604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire shall be replaced in accordance with the provisions of the International Building Code.
Exception: Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement.
SECTION 605
ELECTRICAL EQUIPMENT
605.1 Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.
605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounding-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location.
605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric luminaire. Pool and spa luminaires over 15 V shall have ground fault circuit interrupter protection.
605.4 Wiring. Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings.
SECTION 606
ELEVATORS, ESCALATORS AND DUMBWAITERS
606.1 General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the code official. The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction.
606.2 Elevators. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied.
Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.
SECTION 607
DUCT SYSTEMS
607.1 General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function.
Chapter 7, Fire Safety Requirements. Chapter 7 of the International Property Maintenance Code is incorporated herein without change, except as inconsistent with the fire safety requirements contained in other ordinances of the Township. If there are any conflicts or inconsistencies between the provisions of Chapter 7 and the provisions of other ordinances of the Township that address fire safety requirements, then the most stringent requirements shall apply.
Chapter 8, Referenced Standards. Chapter 8 of the International Property Maintenance Code is adopted in its entirety.
[1]
Editor’s Note: Table 404.5 is on file in the Township offices.
[2]
Editor’s Note: Table 404.5 is on file in the Township offices.
[3]
Editor’s Note: Table 404.5 is on file in the Township offices.
[4]
Editor’s Note: Appendix D is on file in the Township offices.
[5]
Editor’s Note: Appendix D is on file in the Township offices.
All ordinances, resolutions, regulations and policies of the Township of Penn not amended, supplemented, affected, modified or repealed by this chapter shall remain in full force and effect.
Any person, firm or corporation that violates any provision of this chapter or of the Property Maintenance Code hereby adopted and enacted, for which a penalty is not otherwise set forth herein, or in the attached Code, commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $25 but not more than $1,000 and costs incurred by the Township in enforcement of said violation. Each day that a violation exists and continues shall be a separate violation.
If any word, phrase, section, sentence, clause or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, invalidity or illegality shall not affect or impair any of the remaining words, phrases, sections, sentences, clauses or parts of this chapter. It is hereby declared to be the intent of the Township Commissioners that this chapter would have been adopted had such unconstitutional, illegal or invalid word, phrase, section, sentence, clause or part thereof not been included therein.