SECTION 101
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GENERAL
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101.1 Title. Insert: "Township of Penn."
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SECTION 102
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APPLICABILITY
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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.
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SECTION 103
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DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION
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103.5 Fees. Insert: "As set forth in a separate
resolution of the Township of Penn."
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SECTION 111
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MEANS OF APPEAL
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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.
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111.2 to and including 111.8 are not
adopted.
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SECTION 112
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STOP-WORK ORDER
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112.4 Failure to comply. Insert: ". . .fine of
not less than $50 or more than $1,000."
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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.
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SECTION 201
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GENERAL
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201.1 Scope. Unless otherwise expressly stated,
the following terms shall, for the purposes of this code, have the
meanings shown in this chapter.
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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.
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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.
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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.
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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."
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SECTION 202
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GENERAL DEFINITIONS
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ANCHORED — Secured in a manner that provides
positive connection.
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APPROVED — Approved by the Code Official.
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BASEMENT — That portion of a building which
is partly or completely below grade.
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BATHROOM — A room containing plumbing fixtures
including a bathtub or shower.
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BEDROOM — Any room or space used or intended
to be used for sleeping purposes in either a dwelling or sleeping
unit.
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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.
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CONDEMN — To adjudge unfit for occupancy.
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DETACHED — When a structural element is physically
disconnected from another and that connection is necessary to provide
a positive connection.
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DETERIORATION — To weaken, disintegrate,
corrode, rust or decay and lose effectiveness.
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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.
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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.
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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.
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EXTERIOR PROPERTY — The open space on the
premises and on adjoining property under the control of owners or
operators of such premises.
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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.
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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.
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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.
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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.
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IMMINENT DANGER — A condition which could
cause serious or life-threatening injury or death at any time.
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INFESTATION — The presence, within or contiguous
to a structure or premises, of insects, rats, vermin or other pests.
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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.
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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.
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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.
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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.
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NEGLECT — The lack of proper maintenance
for a building or structure.
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OCCUPANCY — The purpose for which a building
or portion thereof is utilized or occupied.
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OCCUPANT — Any individual living or sleeping
in a building, or having possession of a space within a building.
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OPENABLE AREA — That part of a window, skylight
or door which is available for unobstructed ventilation and which
opens directly to the outdoors.
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OPERATOR — Any person who has charge, care
or control of a structure or premises which is let or offered for
occupancy.
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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.
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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.
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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.
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PREMISES — A lot, plot or parcel of land,
easement or public way, including any structures thereon.
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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.
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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.
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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.
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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.
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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.
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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.
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STRUCTURE — That which is built or constructed
or a portion thereof.
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TENANT — A person, corporation, partnership
or group, whether or not the legal owner of record, occupying a building
or portion thereof as a unit.
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TOILET ROOM — A room containing a water closet
or urinal but not a bathtub or shower.
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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.
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VENTILATION — The natural or mechanical process
of supplying conditioned or unconditioned air to, or removing such
air from, any space.
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WORKMANLIKE — Executed in a skilled manner;
e.g., generally plumb, level, square, in line, undamaged and without
marring adjacent work.
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YARD — An open space on the same lot with
a structure.
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Chapter 3, General Requirements. The following
general requirements are hereby adopted as part of the Township's
Property Maintenance Code.
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SECTION 301
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GENERAL
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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.
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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.
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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.
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SECTION 302
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EXTERIOR PROPERTY AREAS
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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.
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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.
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(Note: Land disturbances over 5,000 square feet are regulated
by Township ordinances and state and federal acts and regulations.)
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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.
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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.
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A.
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Definitions. The following definitions shall apply
to the interpretation and enforcement of this section of the code.
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OWNER — The person who, alone or jointly
or severally with others:
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(1)
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Shall have legal or equitable title to any property, dwelling
or dwelling unit, with or without accompanying actual possession thereof;
or
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(2)
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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.
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PERSON — Includes any individual, firm, corporation,
association, partnership, or other legal entity.
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PREMISES — Any property, building, structure
or dwelling situated in the Township of Penn.
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PROPERTY — A piece, parcel, lot or tract
of land or easement with regard to the same.
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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.
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B.
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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."
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C.
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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.
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1.
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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:
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a.
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Exceeds a height of 10 inches; or
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b.
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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:
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(1)
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Cannabis sativa, commonly known as marijuana.
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(2)
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The Lythrum salicaria complex: Any nonnative Lythrum, including
Lythrum salicaria and Lythrum virgatum, their cultivars and any combination
thereof.
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(3)
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Cirsium arvense, commonly known as Canadian thistle.
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(4)
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Rosa multiflora, commonly known as multiflora rose.
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(5)
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Sorghum halepense, commonly known as Johnson grass.
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(6)
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Carduus nutans, commonly known as musk thistle.
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(7)
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Cirsium vulgare, commonly known as bull thistle.
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(8)
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Datura stramonium, commonly known as jimsonweed.
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(9)
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Polygonum perfoliatum, commonly known as mile-a-minute.
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(10)
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Pueraria lobata, commonly known as kudzu vine.
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(11)
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Sorghum bicolor cv. drummondii, commonly known as shattercane.
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(12)
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Heracleum mantegazzianum, commonly known as giant hogweed.
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(13)
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Galega officinalis, commonly known as goat's rue.
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(14)
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Cichorium intybus, commonly known as chicory, succory or blue
daisy.
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D.
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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.
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E.
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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.
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F.
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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.
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G.
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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.
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H.
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Violations and penalties.
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(1)
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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.
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(2)
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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.
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(3)
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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.
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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.
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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.
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302.7 Accessory structures. All accessory structures,
including detached garages, fences, sheds, pools and walls, shall
be maintained structurally sound and in good repair.
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302.8 Junk motor vehicles.
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A.
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"Junk motor vehicle" is a motor vehicle:
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a)
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That is without a valid registration plate or valid and current
inspection; and
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b)
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Is unable to move under its own power, or has not been moved
for a period of 30 days.
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B.
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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.
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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.
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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.
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It shall be the responsibility of the owner to restore said
surface to an approved state of maintenance and repair.
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SECTION 303
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SWIMMING POOLS, SPAS AND HOT TUBS
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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.
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303.1 Swimming pools shall be maintained in a clean
and sanitary condition, and in good repair.
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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.
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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.
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Aboveground swimming pools.
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(a)
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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.
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(b)
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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.
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(c)
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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.
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Exception: Spas or hot tubs with a safety cover
that complies with ASTM F 1346 shall be exempt from the provisions
of this section.
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SECTION 304
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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.
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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:
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1.
|
The nominal strength of any structural member is exceeded by
nominal loads, the load effects or the required strength;
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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;
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3.
|
Structures or components thereof that have reached their limit
state;
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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;
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5.
|
Structural members that have evidence of deterioration or that
are not capable of safely supporting all nominal loads and load effects;
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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;
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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.
|