text:
Borough Office59 East High Street
Gettysburg, PA 17325
Ordinance Number
Chapter 5
Part 1
101 General 4
102 Application 4
103 Department of
Property Maintenance Inspection 6
104 Duties and Powers of
the Code Official 6
105 Approval 7
106 Violations 8
107 Notices and Orders 9
108 Unsafe Structures and
Equipment 10
109 Emergency Measures 14
110 Demolition 15
111 Means of Appeal 16
112 Stop Work Order 17
201 General 18
202 General Definitions
301 General 22
302 Exterior Property
Areas 22
303 Swimming Pools, Spas
and Hot Tubs 24
304 Exterior Structure 24
305 Interior Structure 29
306 Component
Serviceability 30
307 Handrails and
Guardrails 32
308 Rubbish and Garbage
309 Pest Elimination 33
310 Carbon Monoxide
Detectors 34
401 General 35
402 Light 35
403 Ventilation 36
404 Occupancy Limitations
501 General 40
502 Required Facilities
503 Toilet Rooms 41
504 Plumbing Systems and
Fixtures 41
505 Water System 42
506 Sanitary Drainage
System 42
507 Storm Drainage 43
601 General 43
6O2 Heating Facilities 43
603 Mechanical Equipment
604 Electrical Facilities
6O5 Electrical Equipment
606 Elevators, Escalators
and Dumbwaiters 47
607 Duct Systems 47
701 General 48
702 Means of Egress 48
703 Fire-resistance
Ratings 49
704 Fire Protection
Systems 49
705 Emergency Escape &
Rescue Opening Basement 51
Ordinance 53
101.1 Title. These
regulations shall be known as the International Property
Maintenance Code of Borough of Gettysburg hereinafter
referred to as "this code."
101.2 Scope. The
provisions of this code shall apply to all existing
residential and nonresidential structures and all existing
premises and constitute minimum requirements and standards
for premises, structures, equipment and facilities for
light, ventilation, space, heating, sanitation, protection
from the elements, life safety, safety from fire and other
hazards, and for safe and sanitary maintenance; the
responsibility of owners, operators and occupants; the
occupancy of existing structures and premises, and for
administration, enforcement and penalties.
101.3 Intent. This code
shall be construed to secure its expressed intent, which
is to ensure public health safety and welfare insofar as
they are affected by the continued occupancy and
maintenance of structures and premises. Existing
structures and premises that do not comply with these
provisions shall be altered or repaired to provide a
minimum level of health and safety as required herein.
101.4 Severability. If a
section, Subsection, sentence, clause or phrase of this
code is, for any reason, held to be unconstitutional; such
decision shall not affect the validity of the remaining
portions of this code.
102.1 General. Where
there is a conflict between a general requirement and a
specific requirement, the specific requirement shall
govern. Where differences occur between provisions of this
code and the referenced standards, the provisions of this
code shall apply. Where, in a specific case, different
sections of this code specify different requirements, the
most restrictive shall govern.
102.2 Maintenance.
Equipment, systems, devices and safeguards required by
this code or a previous regulation or code under which the
structure or premises was constructed, altered or repaired
shall be maintained in good working order. No owner,
operator or occupant shall cause any service, facility,
equipment or utility which is required under this section
to be removed from or shut off from or discontinued for
any occupied dwelling, except for such temporary
interruption as necessary while repairs or alterations are
in progress. The requirements of this code are not
intended to provide the basis for removal or abrogation of
fire protection and safety systems and devices in existing
structures. Except as otherwise specified herein, the
owner or the owner's designated agent shall be responsible
for the maintenance of buildings, structures and premises.
102.3 Application of
other codes. Repairs; additions or alterations to a
structure, or changes of occupancy, shall be done in
accordance with the procedures and provisions of the
International Building Code, International Fuel Gas Code,
International Mechanical Code and NFPA 70. Nothing in this
code shall be construed to cancel, modify or set aside any
provision of the International Zoning Code.
102.4 Existing remedies.
The provisions in this code shall not be construed to
abolish or impair existing remedies of the jurisdiction or
its officers or agencies relating to the removal or
demolition of any structure which is dangerous, unsafe and
102.5 Workmanship.
Repairs, maintenance work, alterations or installations
which are caused directly or indirectly by the enforcement
of this code shall be executed and installed in a
workmanlike manner and installed in accordance with the
manufacturer's installation instructions.
102.6 Historic buildings.
The provisions of this code shall not be mandatory for
existing buildings or structures designated as historic
buildings when such buildings or structures are judged by
the code official to be safe and in the public interest of
health, safety and welfare.
102.7 Referenced codes
and standards. The codes and standards referenced in this
.code shall be those that are listed in Chapter 8 and
considered part of the requirements of this code to the
prescribed extent of each such reference. Where
differences occur between provisions of this code and the
referenced standards, the provisions of this code shall
Exception: Where
enforcement of a code provision would
violate the conditions of
the listing of the equipment or
appliance, the conditions
of the listing shall apply.
102.8 Requirements not
covered by code. Requirements necessary for the strength,
stability or proper operation of an existing fixture,
structure or equipment, or for the public safety, health
and general welfare, not specifically covered by this
code, shall be determined by the code official.
102.9 Application of
references. References to chapter or section numbers, or
to provisions not specifically identified by number, shall
be construed to refer to such chapter, section or
provision of this code.
102.10 Other laws. The
provisions of this code shall not be deemed to nullify any
provisions of local, state or federal law.
103.1 General. The
Borough of Gettysburg code enforcement officer shall
oversee the enforcement of this code.
103.2 Code official. The
Borough of Gettysburg code enforcement officer shall be
the code official charged with the enforcement of this
103.3 Deputies. During
temporary absence or disability of the code official, the
Borough Manager of the Borough of Gettysburg, or his or
her designated employee or agent, shall serve as acting
code official.
103.4 Liability. The code
official, member of the board of appeals or employee
charged with the enforcement of this code, while acting
for the jurisdiction, in good faith and without malice in
the discharge of the duties required by this co de or
other pertinent law or ordinance, shall not thereby be
rendered liable personally, and is hereby relieved from
all personal liability for any damage accruing to persons
or property as a result of an act or by reason of an act
or omission in the discharge of official duties. Any suit
instituted against any officer or employee because of an
act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this code
shall be defended by the legal representative of the
jurisdiction until the final termination of the
proceedings. The code official or any subordinate shall
not be liable for costs in an action, suit or proceeding
that is instituted in pursuance of the provisions of this
103.5 Fees. The fees for
activities and services performed by the Borough of
Gettysburg in carrying out its responsibilities under this
code shall be paid in accordance with a schedule of fees,
established from time to time by resolution of the Borough
Council of the Borough of Gettysburg.
104.1 General. The code
official is hereby authorized and directed to enforce the
provisions of this code. The code official shall have the
authority to render interpretations of this code and to
adopt policies and procedures in order to clarify the
application of its provisions. Such interpretations,
policies and procedures shall be in compliance with the
intent and purpose of this 'code. Such policies and
procedures shall not have the effect of waiving
requirements specifically provided for in this code.
104.2 Inspections. The
code official shall make all of the required inspections,
or shall accept reports of inspection by approved agencies
or individuals. All reports of such inspections shall be
in writing and be certified by a responsible officer of
such approved agency or by the responsible individual. The
code official is authorized to engage such expert opinion
as deemed necessary to report upon unusual technical
issues that arise, subject to the approval of the
appointing authority.
104.3 Right of entry.
Where it is necessary to make an inspection to enforce the
provisions of this code, or whenever the code official has
reasonable cause to believe that there exists in a
structure or upon a premises a condition in violation of
this code, the code official is authorized to enter the
structure or premises at reasonable times to inspect or
perform the duties imposed by this code, provided that if
such structure or premises is occupied the code official
shall present credentials to the occupant and request
entry. If such structure or premises is unoccupied, the
code official shall first make a reasonable
effort to locate the
owner or other person having charge or control of the
structure or premises and request entry. If entry is
refused, the code official shall have recourse to the
remedies provided by law to secure entry.
104.4 Identification. The
code official shall carry proper identification when
inspecting structures or premises in the performance of
duties under this code.
104.5 Notices and orders.
The code official shall issue all necessary notices or
orders to ensure compliance with this code.
104.6 Department records.
The code official shall keep official records of all
business and activities of the department specified in the
provisions of this code. Such records shall be retained in
the official records for the period required for retention
of public records.
105.1 Modifications.
Whenever there are practical difficulties involved in
carrying out the provisions of this code, the code
official shall have the authority to grant modifications
for individual cases upon application of the owner or
owner's representative, provided the code official stroll
first find that special individual reason makes the strict
letter of this code impractical and the modification is in
compliance with the intent and purpose of this code and
that such modification does not lessen health, life and
fire safety requirements. The details of action granting
modifications shall be recorded and entered in the
department files.
105.2 Alternative
materials, methods and equipment. The provisions of this
code are not intended to prevent the installation of any
material or to prohibit any method of construction not
specifically prescribed by this code, provided that any
such alternative has been approved. An alternative
material or method of construction shall be approved where
the code official finds that the proposed design is
satisfactory and complies with the intent of the
provisions of this code, and that the materials, method or
work offered is, for the purpose intended, at least the
equivalent of that prescribed in this code in quality,
strength, effectiveness, fire resistance, durability and
105.3 Required testing.
Whenever there is insufficient evidence of compliance with
the provisions of this code, or evidence that a material
or method does not conform to the requirements of this
code, or in order to substantiate claims for alternative
materials or methods, the code official shall have the
authority to require tests to be made as evidence of
compliance at no expense to the jurisdiction.
105.3.1 Test methods.
Test methods shall be as specified in this code or by
other recognized test standards. In the absence of
recognized and accepted test methods, the code official
shall be permitted to approve appropriate testing
procedures performed by an approved agency.
105.3.2 Test reports.
Reports of tests shall be retained by the code official
for the period required for retention of public records.
105.4 Used material and
equipment. The use of used materials which meet the
requirements of this code for new materials is permitted.
Materials, equipment and devices shall not be reused
unless such elements are in good repair or have been
reconditioned and tested when necessary, placed in good
and proper working condition and approved by the code
105.5 Approved materials
and equipment. Materials, equipment and devices approved
by the code official shall be constructed and installed in
accordance with such approval.
105.6 Research reports.
Supporting data, where necessary to assist in the approval
of materials or assemblies not specifically provided for
in this code, shall consist of valid research reports from
approved sources.
106.1 Unlawful acts. It
shall be unlawful for a person, firm or corporation to be
in conflict with or in violation of any of the provisions
of this code.
106.2 Notice of
violation. The code official shall serve a notice of
violation or order in accordance with Section 107.
106.3 Prosecution of
violation. Any person failing to comply with a notice of
violation or order served in accordance with Section 107
shall be deemed guilty of a misdemeanor or civil
infraction as determined by the local municipality, and
the violation shall be deemed a strict liability offense.
If the notice of violation is not complied with, the code
official shall institute the appropriate proceeding at law
or in equity to restrain, correct or abate such violation,
or to require the removal or termination of the unlawful
occupancy of the structure in violation of the provisions
of this code or of the order or direction made pursuant
thereto. Any action taken by the authority having
jurisdiction on such premises shall be charged against the
real estate upon which the Structure is located and shall
be a lien upon such real estate.
106.4 Violation
penalties. Any person who shall violate a provision of
this code, or fail to comply therewith, or with any of the
requirements thereof, shall, upon conviction thereof, be
sentenced to pay a fine of not more than $1,000.00 and the
cost of prosecution, including reasonable attorney's fees
and code enforcement costs. Each day that a violation
continues after due notice has been served shall be deemed
a separate offense.
106.5 Abatement of
violation. Tile imposition of the penalties herein
prescribed shall not preclude the legal officer of the
jurisdiction from instituting appropriate action to
restrain, correct or abate a violation, or to prevent
illegal occupancy of a building, structure or premises, or
to stop an illegal act, conduct, business or utilization
of the building, structure or premises.
107.1 Notice to person
responsible. Whenever the code official determines that
there has been a violation of this code or has grounds to
believe that a violation has occurred, notice shall be
given in the manner prescribed in Sections 107.2 and I07.3
to the person responsible for the violation as specified
in this code. Notices for condemnation procedures shall
also comply with Section 108.3.
107.2 Form. Such notice
prescribed in Section 107.1 shall be in accordance with
all of the following:
1. Be in witting.
2. Include a description
of the real estate sufficient for identification.
3. Include a statement of
the violation or violations and why the notice is being
4. Include a correction
order allowing a reasonable time to make the repairs and
improvements required to bring the dwelling unit or
structure into compliance with the provisions of this
5. Inform the property
owner of the right to appeal.
6. Include a statement of
the right to file a lien in accordance with Section 106.3.
107.3 Method of service.
Said notice shall be deemed to be properly served if a
copy thereof is:
1. Delivered personally;
2. Sent by certified or
first-class mail addressed to the last known address; or
3. If the notice is
returned showing that the letter was not delivered, a copy
thereof shall be posted in a conspicuous place in or about
the structure affected by such notice.
107.4 Unauthorized
tampering. Signs, tags or seals posted or affixed by the
code official shall not be mutilated, destroyed or
tampered with, or removed without authorization from the
code official.
107.5 Penalties.
Penalties for noncompliance with orders and notices shall
be as set forth in Section 106.4.
107.6 Transfer of
ownership. It shall be unlawful for the owner of any
dwelling unit or structure who has received a compliance
order or upon whom a notice of violation has been served
to sell, transfer, mortgage, lease or otherwise dispose of
such dwelling unit or structure to another until the
provisions of the compliance order or notice of violation
have been complied with, or until such owner shall first
famish the grantee, transferee, mortgagee or lessee a true
copy of any compliance order or notice of violation issued
by the code official and shall furnish to the code
official a signed and notarized statement from the
grantee, transferee, mortgagee or lessee, acknowledging
the receipt of such compliance order or notice of
violation and fully accepting the responsibility without
condition for making the corrections or repairs required
by such compliance order or notice of violation.
108.1 General. When a
structure or equipment is found by the code official to be
unsafe, or when a structure is found unfit for human
occupancy, or is found unlawful, such structure shall be
condemned pursuant to the provisions of this code.
108.1.1 Unsafe
structures. An unsafe structure is one that is found to be
dangerous to the life, health, property or safety of the
public or the occupants of the structure by not providing
minimum safeguards to protect or warn occupants in the
event of fire, or because such structure contains unsafe
equipment or is so damaged, decayed, dilapidated,
structurally unsafe or of such faulty construction or
unstable foundation, that partial or complete collapse is
108.1.2 Unsafe equipment.
Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device,
flammable liquid containers or other equipment on the
premises or within the structure which is in such
disrepair or condition that such equipment is a hazard to
life, health, property or safety of the public or
occupants of the premises or structure.
108.1.3 Structure unfit
for human occupancy. A structure is unfit for human
occupancy whenever the code official finds that such
structure is unsafe, unlawful or, because of the degree to
which the structure is in disrepair or lacks maintenance,
is insanitary, vermin or rat infested, contains filth and
contamination, or lacks ventilation, illumination,
sanitary or heating facilities or other essential
equipment required by this code, or because the location
of the structure constitutes a hazard to the occupants of
the structure or to the public.
108.1.4 Unlawful
structure. An unlawful structure is one found in whole or
in part to be occupied by more persons than permitted
under this code, or was erected, altered or occupied
contrary to law.
108.1.5 Dangerous
structure or premises. For the purpose of this code, any
structure or premises that have any or all of the
conditions or defects described below shall be considered
1. Any door, aisle,
passageway, stairway, exit or other means of egress that
does not conform to the approved building or fire code of
the jurisdiction as related to the requirements for
existing buildings.
2. The walking surface of
any aisle, passageway, stairway, exit or other means of
egress is so warped, worn loose, torn or otherwise unsafe
as to not provide safe and adequate means of egress.
3. Any portion of a
building, structure or appurtenance hat has been damaged
by fire, earthquake, wind, flood, deterioration, neglect,
abandonment, vandalism or by any other cause to such an
extent that it is likely to partially or completely
collapse, or to become detached or dislodged.
4. Any portion of a
building, or any member, appurtenance or ornamentation on
the exterior thereof that is not of sufficient strength or
stability, or is not so anchored, attached or fastened in
place so as to be capable of resisting natural or
artificial loads of one and one-half the original designed
5. The building or
structure, or part of the building or structure, because
of dilapidation, deterioration, decay, faulty
construction, the removal or movement of some portion of
the ground necessary for the support or for any other
reason, is likely to partially or completely collapse, or
some portion of the foundation or underpinning of the
building or structure is likely to fail or give way.
6. The building or
structure, or any portion thereof, is clearly unsafe for
its use and occupancy.
7. The building or
structure is neglected, damaged, dilapidated, unsecured or
abandoned so as to become an attractive nuisance to
children who might play in the building or structure to
their danger, becomes a harbor for vagrants, criminals or
immoral persons, or enables persons to resort to the
building or structure for committing a nuisance or an
unlawful act.
8. Any building or
structure has been constructed, exists or is maintained in
violation of any specific requirement or prohibition
applicable to such building or structure provided by the
approved building or fire code of the jurisdiction, or of
any law or ordinance to such an extent as to present
either a substantial risk of fire, building collapse or
any other threat to life and safety.
9. A building or
structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation,
decay, damage, faulty construction or arrangement,
inadequate light, ventilation, mechanical or plumbing
system, or otherwise, is determined by the code official
to be unsanitary, unfit for human habitation or in such a
condition that is likely to cause sickness or disease.
10. Any building or
structure, because of alack of sufficient or proper
fire-resistance-rated construction, fire protection
systems, electrical system, fuel connections, mechanical
system, plumbing system or other cause, is determined by
the code official to be a threat to life or health.
11. Any portion of a
building remains on a site after the demolition or
destruction of the building or .structure or whenever any
building or structure is abandoned so as to constitute
such building or portion thereof as an attractive nuisance
or hazard to the public,
108.2 Closing of vacant
structures. If the structure is vacant and unfit for human
habitation and occupancy, and is not in danger of
structure collapse, the code official is authorized to
post a placard of condemnation on the premises and order
the structure closed up so as not to be an attractive
nuisance. Upon failure of the owner to close up the
premises within the time specified in the order, the code
official shall cause the premises to be closed and secured
through any available public agency or by contract or
arrangement by private persons and the cost hereof shall
be charged against the real estate upon which the
structure is located and shall be a lien upon such real
estate and nay be collected by any other legal resource.
108.2.1 Authority to
disconnect service utilities. The code official shall have
the authority to authorize disconnection of utility
service to the building, structure or system regulated by
this code and the referenced codes and standards set forth
in Section 102.7 in case of emergency where necessary to
eliminate an immediate hazard to life or property or when
such utility connection has been made without approval.
The code official shall notify the serving utility and,
whenever possible, the owner and occupant of the building,
structure or service system of the decision to disconnect
prior to taking such action. If not notified prior to
disconnection the owner or occupant of the building
structure or service system shall be notified in writing
as soon as practical thereafter.
108.3 Notice. Whenever
the code official has condemned a structure or equipment
under the provisions of this section, notice shall be
posted in a conspicuous place in or about the structure
affected by such notice and served on the owner or the
person or persons responsible for the structure or
equipment in accordance with Section 107.3. If the notice
pertains to equipment, it shall also be placed on the
condemned equipment. The notice shall be in the form
prescribed in Section 107.2.
108.4 Placarding. Upon
failure of the owner or person responsible to comply with
the notice provisions within the time given, the code
official shall post on the premises or on defective
equipment a placard beating the word "Condemned" and a
statement of the penalties provided for occupying the
premises, operating the equipment or removing the placard.
108.4.1 Placard removal.
The code official shall remove the condemnation placard
whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated. Any
person who defaces or removes a condemnation placard
without the approval of the code official shall be subject
to the penalties provided by this code.
108.5 Prohibited
occupancy. Any occupied-structure condemned and placarded
by the code official shall be vacated as ordered by the
code official. Any person who shall occupy a placarded
premises or shall operate placarded equipment, and any
owner or any person responsible for the premises who shall
let anyone occupy a placarded premises or operate
placarded equipment shall be liable for the penalties
provided by this code.
108.6 Abatement methods.
The owner, operator or occupant of a building, premise, or
equipment deemed unsafe by the code official shall abate
or cause to be abated or corrected such unsafe conditions
either by repair, rehabilitation, demolition or other
approved corrective action.
108.7 Record. The code
official shall cause a report to be flied on an unsafe
condition. The report shall state the occupancy of the
structure and the nature of the unsafe condition.
109.1 Imminent danger.
When, in the opinion of the code official, there is
imminent danger of failure or collapse of a building or
structure which endangers life, or when any structure or
part of a structure has fallen and life is endangered by
the occupation of the structure, or when there is actual
or potential danger to the building occupants or those in
the proximity of any structure because of explosives,
expl0sive.fumes or vapors or the presence of toxic fumes,
gases or materials, or operation of defective or dangerous
equipment, the code official is hereby authorized and
empowered to order and require the occupants to vacate the
premises forthwith. The code official shall cause to be
posted at each entrance to such structure a notice reading
as follows: 'This Structure Is Unsafe and Its Occupancy
Has Been Prohibited by the Code. Official." It shall be
unlawful for any person to enter such structure except for
the purpose of securing the structure, making the required
repairs, removing the hazardous condition or of
demolishing the same.
109.2 Temporary
safeguards. Notwithstanding other provisions of this code,
whenever, in the opinion of the code official, there is
imminent danger due to an unsafe condition, the code
official shall order the necessary work to be done,
including the boarding up of openings, to render such
structure temporarily safe whether or not the legal
procedure herein described has been instituted; and shall
cause such other action to be taken as the code official
deems necessary to meet such emergency.
109.3 Closing streets.
When necessary for public safety, the code official shall
temporarily close structures and close, or order the
authority having jurisdiction to close, sidewalks,
streets, public ways and places adjacent to unsafe
structures, and prohibit the same from being utilized.
109.4 Emergency repairs.
For the purposes of this section, the code official shall
employ the necessary labor and materials to perform the
required work as expeditiously as possible.
109.5 Costs of emergency
repairs. Costs/acre-red in the performance of emergency
work shall be paid by the jurisdiction. The legal counsel
of the jurisdiction shall institute appropriate action
against the owner of the premises where the unsafe
structure is or was located for the recovery of such
109.6 Hearing. Any person
ordered to take emergency measures shall comply with such
order forthwith. Any affected person shall thereafter,
upon petition directed to the appeals board, be afforded a
hearing as described in this code.
110.1 General. The code
official shall order the owner of any premises upon which
is located any structure, which in the code official
judgment after review is so deteriorated or dilapidated or
has become so out of repair as to be dangerous, unsafe,
insanitary or otherwise unfit for human habitation or
occupancy, and such that it is unreasonable to repair the
structure, to demolish and remove such structure; or if
such structure is capable of being made safe by repairs,
to repair and make safe and sanitary, or to board up and
hold for future repair or to demolish and remove at the
owner's option; or where there has been a cessation of
normal construction of any structure for a period of more
than two years, the code official shah order the owner to
demolish and remove such structure, or board up until
future repair. Boarding the building up for future repair
shall not extend beyond one year, unless approved by the
building official.
110.2 Notices and orders.
All notices and orders shall comply with Section 107.
110.3 Failure to comply.
If the owner of a premises fails to comply with a
demolition order within the time prescribed, the code
official shah cause the structure to be demolished and
removed, either through an available public agency or by
contract or arrangement with private persons, and the cost
o£ such demolition and removal shall be charged against
the real estate upon which the structure is located and
shah be a lien upon such real estate.
110.4 Salvage materials.
When any structure has been ordered demolished and
removed, the governing body or other designated officer
under said contract or arrangement aforesaid shall have
the right to sell the salvage and valuable materials at
the highest price obtainable. The net proceeds of such
sale, after deducting the expenses o£ such demolition and
removal, shah be promptly remitted with a report of such
sale or transaction, including the items of expense and
the amounts deducted, for the person who is entitled
thereto, subject to any order of a court: If such a
surplus does not remain to be turned over, the report
shall so state.
111.1Application for
appeal. Any person directly affected by a decision of the
code official or a notice or order issued under this code
shall have the right to appeal to the board of appeals,
provided that a written application for appeal is made
within 20 days after the day the decision, notice or order
was served. An application for appeal shall be based on a
claim that the true intent of this code or the rules
legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully
apply, or the requirements of this code are adequately
satisfied by other means.
111.2 Code Enforcement
Appeals Board. The Code Enforcement Appeals Board shall
hear all appeals under this Property Maintenance Code. The
membership of the Board shall be governed by Ordinance
enacted by the Borough Council of the Borough of
Gettysburg which has created the Code Enforcement Appeals
111.3 Notice of hearing.
The Board shall conduct a hearing upon notice from the
chairman within 45 days of the filing of an appeal.
111.4 Open hearing. All
hearings before the board shah be open to the public. The
appellant, the appellant's representative, the code
official and any person whose interests are affected shah
be given an opportunity to be heard. A quorum shall
consist of not less than two-thirds of the board
111.4.1 Procedure. The
board shall adopt and make available to the public through
the secretary procedures under which a hearing will be
conducted. The procedures shall not require compliance
with strict rules of evidence, but shall mandate that only
relevant information be received.
111.5 Postponed hearing.
When the fun board is not present to hear an appeal,
either the appellant or the appellant's representative
shall have the right to request a postponement of the
111.6 Board decision. The
board shall modify or reverse the decision of the code
official only by a concurring vote of a majority of the
total number of appointed board members.
111.6.1 Records and
copies. The decision of the board shall be recorded.
Copies shall be furnished to the appellant and to the code
111.6.2 Administration.
The code official shall take immediate action in
accordance with the decision of the board.
111.7 Court review. Any
person, whether or not a previous party of the appeal,
shall have the right to apply to the appropriate court for
a writ of certiorari to correct errors of law. Application
for review shall be made in the manner and time required
by law following the filing of the decision in the office
of the chief administrative officer.
111.8 Stays of
enforcement. Appeals of notice and orders (other than
Imminent Danger notices) shall stay the enforcement of the
notice and order until the appeal is heard by the appeals
112.1 Authority. Whenever
the code official finds any work regulated by this code
being performed in a manner contrary to the provisions of
this code or in a dangerous or unsafe manner, the code
official is authorized to issue a stop work order.
112.2 Issuance. A stop
work order shall be in writing and shall be given to the
owner of the property, to the owner's agent, onto the
person doing the work. Upon issuance of a stop work order,
the cited work shall immediately cease. The stop work
order shall state the reason for the order and the
conditions under which the cited work is authorized to
112.3 Emergencies. Where
an emergency exists, the code official shall not be
required to give a written notice prior to stopping the
112.4 Failure to comply.
Any person who shall continue any work after having been
served with a stop work order, except such work as that
person is directed to perform to remove a violation or
unsafe condition, shall be liable to a fine of not less
than [ dollars or more than [] dollars.
201.1 Scope. Unless
otherwise expressly stated, the following terms shall, for
the purposes of this code, have the meanings shown in this
201.2 Interchangeability.
Words stated in the present tense include the future;
words stated in the masculine gender include the feminine
and neuter; the singular number includes the plural and
the plural, the singular.
201.3 Terms defined in
other codes. Where terms are not defined in this code and
are defined in the International Building Code,
International Fire Code, International Zoning Code,
International Plumbing Code, International Mechanical Code
or NFPA 70, such terms shall have the meanings ascribed to
them as stated in those codes.
201.4 Terms not defined.
Where terms are not defined through the methods authorized
by this section, such terms shall have ordinarily accepted
meanings such as the context implies.
201.5 Parts. Whenever the
words "dwelling unit," "dwelling; "premises," "building,"
"'rooming house;' "rooming unit," "housekeeping unit' or
"story" are stated in t.bis code, they shall be construed
as though they were followed by the words "or any part
ANCHORED. Secured in a
manner that provides positive connection.
APPROVED. Approved by the
code official.
BASEMENT. That portion of
a building which is partly or completely below grade.
BATHIROOM. A room
containing plumbing fixtures including a bathtub or
BEDROOM. Any room or
space used or intended to be used for sleeping purposes in
either a dwelling or sleeping unit.
CODE OFFICIAL. The
official who is charged with the administration and
enforcement of this code, or any duly authorized
CONDENN. To adjudge unfit
for occupancy.
DETACHED. When a
structural element is physically disconnected from another
and that connection is necessary to provide a positive
DETERIORATION. To weaken,
disintegrate, con-ode, rest or decay and lose
single unit providing complete, independent living
facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking and
EASEMENT. That portion of
land or property reserved for present or future use by a
person or agency other than the legal fee owner(s) of the
property. The easement shall be permitted to be for use
under, on or above a said lot or lots.
EQUIPMENT SUPPORT. Those
structural members or assemblies of members or
manufactured elements, including braces, frames, lugs,
snuggers, hangers or saddles, that transmit gravity load,
lateral load and operating load between the equipment and
the structure.
EXTERIOR PROPERTY. The
open space on the premises and on adjoining property under
the control of owners or operators of such premises.
GARBAGE. The animal or
vegetable waste resulting from the handing, preparation,
cooking and consumption of food.
GUARD. A building
component or a system of building components located at or
near the open sides of elevated walking surfaces that
minimizes the possibility of a fall from the walking
surface to a lower level.
HABITABLE SPACE. Space in
a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or
utility spaces, and similar areas are not considered
habitable spaces.
HOUSEKEEPING UNIT. A room
or group of rooms forming a single habitable space
equipped and intended to be used for living, sleeping,
cooking and eating which does not contain, within such a
unit, a toilet, lavatory and bathtub or shower.
condition which could cause serious or life-threatening
injury or death at any time.
INFESTATATION. The
presence, within or contiguous to, a structure or premises
of insects, rats, vermin or other pests.
INOPERABLE MOTOR VEttlCLE.
A vehicle which cannot be driven upon the public streets
for reason including but not limited to being unlicensed~
wrecked, abandoned, in a state of disrepair, or incapable
of being moved under its own power.
LABELED. Equipment.
materials or products to which have been affixed a label,
seal, symbol or other identifying mark of a nationally
recognized testing laboratory, inspection agency or other
organization concerned with product evaluation that
maintains periodic inspection of the production of the
above labeled items and whose labeling indicates either
that the equipment, material or product meets identified
standards or has been tested and found suitable for a
specified purpose.
To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premise
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.
NEGLECT. The lack of
proper maintenance for a building or structure.
OCCUPANCY. The purpose
for which a building or portion thereof is utilized or
OCCUPANT. Any individual
living or sleeping in a building, or having possession of
a space within a building.
OPENABLE AREA. That part
of a window, skylight or door which is available for
unobstructed ventilation and which opens directly to the
OPERATOR. Any person who
has charge, care or control of a structure or premises
which is let or offered for occupancy.
OWNER. Any person, agent,
operator, firm or corporation having a legal or equitable
interest in the property; or recorded in the official
records of the state, county or municipality as holding
title to the property; or otherwise having control of the
property, including the guardian of the estate of any such
person, and the executor or administrator of the estate of
such person if ordered to take possession of real property
by a court
PERSON. An individual,
corporation, partnership or any other group acting as a
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; by other approved pest elimination methods.
PREMISES. A lot, pIot or
parcel of land, easement or pubIic way, including any
structures thereon.
PUBLIC WAY. Any street,
alley or similar parcel of land essentially unobstructed
from the ground to the sky, which is deeded, dedicated or
otherwise permanently appropriated to the public for
public use.
ROOMING HOUSE. A building
arranged or occupied for lodging, with or without meals,
for compensation and not occupied as a one- or two-family
ROOMING UNIT. Any room or
group of rooms forming a single habitable unit occupied or
intended to be occupied for sleeping or living, but not
for cooking purposes.
RUBBISH. Combustible and
noncombustible waste materials, except garbage; the term
shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags,
cartons, boxes, wood, excelsior, rubber, leather, tree
branches, yard trimmings, tin cans, metals, mineral
matter, glass, crockery and dust and other similar
[B] 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.
An offense in which the prosecution in a Iegal proceeding
is not required to prove criminal intent as a part of its
case. It is enough to prove that the defendant either did
an act which was prohibited, or failed to do an act which
the defendant was legally required to do.
STRUCTURE. That which is
built or constructed or a portion thereof.
TENANT. A person,
corporation, partnership or group, whether or not the
legal owner of record, Occupying a building or portion
thereof as a unit.
TOILET ROOM. A room
containing a water closet or urinal but not a bathtub or
The deformation at which failure occurs and which shall be
deemed to occur if the sustainable load reduces to 80
percent or less of the maximum strength.
VENTILATION. The natural
or mechanical process of supplying conditioned or
unconditioned air to, or removing such air from, any
WORKMANLIKE. Executed in
a skilled manner; e.g., generally plumb, level, square, in
line, undamaged and without marring adjacent work.
YARD. An open space on
the same lot with a structure.
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
301.2 Responsibility. The
owner of the premises shall maintain the structures and
exterior property in compliance with these requirements,
except as otherwise provided for in this code. A person
shall not occupy as owner-occupant or permit another
person to occupy premises which are not in a sanitary and
safe condition and which do not comply with the
requirements of this chapter. Occupants of a dwelling
unit, rooming unit or housekeeping unit are responsible
for keeping in a clean, sanitary and safe condition that
part of the dwelling unit, rooming unit, housekeeping unit
or premises which they occupy and control
301.3 Vacant structures
and land. All vacant structures and premises thereof or
vacant land shah 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.
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
302.2 Grading and
drainage. All premises shah be graded and maintained to
prevent the erosion of soil and to prevent the
accumulation of stagnant water thereon, or within any
structure located thereon.
Exception: Approved
retention areas and reservoirs.
302.3 Sidewalks and
driveways. All sidewalks, walkways, stairs, driveways,
parking spaces and similar areas shall be kept in a proper
state of repair, and maintained free from hazardous
302.4 Weeds. All premises
and exterior property shall be maintained free from weeds
or plant growth in excess of eight (8") inches. All
noxious weeds shall be prohibited. Weeds shall be defined
as all grasses, annual plants and vegetation, other than
trees or shrubs provided, however, this term shall not
include cultivated flowers and gardens.
Upon failure of the
owner, occupant or agent having charge of a property to
cut and destroy weeds after service of a notice of
violation, such person shall be subject to prosecution in
accordance with Section 106.4. Upon failure to comply with
the notice of violation, the code official, or any
authorized employee or agent of the Borough of Gettysburg,
shall be authorized to enter upon the property in
violation and cut and destroy the weeds growing thereon,
and the costs of such removal shall be paid by the owner,
occupant or agent responsible for the property.
302.5 Rodent harborage.
All structures and exterior property shall be kept free
from rodent harborage and infestation. Where rodents are
found, they shall be promptly exterminated by approved
processes which will not be injurious to human health.
After extermination, proper precautions shall be taken to
eliminate rodent harborage and prevent reinfestation.
302.6 Exhaust vents.
Pipes, ducts, conductors, fans or blowers shah not
discharge gases, steam, vapor, hot air, grease, smoke,
odors or other gaseous or particulate wastes directly upon
abutting or adjacent public or private property or that of
another tenant.
302.7 Accessory
structures. All accessory structures, including detached
garages, fences and walls, shall be maintained
structurally sound and in good repair. All accessory
structures designed for door attachments shall have doors
attached and maintained in a properly working condition.
302.8 Motor vehicles.
Refer to Chapter 10, Part 1B of the Code of Ordinances of
the Borough of Gettysburg which provides for the
regulation of storage of motor vehicle nuisances.
302.9 Defacement of
property. No person shall willfully or wantonly damage,
mutilate or deface any exterior surface of any structure
or building on any private or public property by placing
thereon any marking, carving or graffiti. It shah be the
responsibility of the owner to restore said surface to an
approved state of maintenance and repair.
303.1 Swimming pools.
Swimming pools shah be maintained in a clean and sanitary
condition, and in good repair.
303.2 Enclosures. Private
swimming pools, hot tubs and spas, containing water more
than 24 inches (610 ram) in depth shall be completely
surrounded by a fence or burder at least 48 inches (1219
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 sell-closing and
self-latching. Where the self-latching device is less than
54 inches (1372 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 6 inches from
the gatepost. No existing pool enclosure shall be removed,
replaced or changed in a rammer that reduces its
effectiveness as a safety barrier.
Exception: Spas or hot
tubs with a safety cover that complies
with ASTM F 1346 shall be
exempt from the provisions
of this section.
304.1 General. The
exterior of a structure shall be maintained in good
repair, structurally sound and sanitary so as not to pose
a threat to the public health, safety or welfare.
304.1.1 Unsafe
conditions. The following conditions shall be determined
as unsafe and shall be repaired or replaced to comply with
the International Building Code or the International
Existing Building Code as required for existing buildings:
1. The nominal strength
of any structural member is exceeded by nominal loads, the
load effects or the required strength;
2. The anchorage of the
floor or roof to walls or colmnns, and of walls and
columns to foundations is not capable of resisting all
nominal loads or load effects;
3. Structures or
components thereof that have reached their Limit state;.
4. Siding and masonry
joints including joints between the building envelope and
the perimeter of windows, doors and skylights are not
maintained, weather resistant or water tight;
5. Structural members
that have evidence of deterioration or that are not
capable of safely supporting all nominal loads and load
6. Foundation systems
that are not firmly supported by footings, are not plumb
and free from open cracks and breaks, are not properly
anchored or are not capable of supporting all nominal
loads and resisting all load effects;
7. Exterior walls that
are not anchored to supporting and supported elements or
are not plumb and free of holes, cracks or breaks and
loose or rotting materials, are not properly anchored or
are not capable of supporting all nominal loads and
resisting all load effects;
8. Roofing or roofing
components that have defects that admit rain, roof
surfaces with inadequate drainage, or any portion of the
roof framing that is not in good repair with signs of
deterioration, fatigue or without proper anchorage and
incapable of supporting all nominal loads and resisting
all load effects;
9. Flooring and flooring
components with defects that affect serviceability or
flooring components that show signs of deterioration or
fatigue, are not properly anchored or are incapable of
supporting all nominal loads and resisting all load
10. Veneer, cornices,
belt courses, corbels, 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 at
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.
1. When substantiated
otherwise by an approved method.
2. Demolition of unsafe
conditions shall be permitted when approved by the code
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. Peeling, flaking and chipped paint
shall be eliminated and surfaces repainted. 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 water
tight. All metal surfaces subject to rust or corrosion
shall be coated to inhibit such rust and corrosion, mad
all surfaces with rust or corrosion shall be stabilized
mad 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
Buildings shall have
approved address numbers conspicuously placed in a
position to be plainly legible and visible from the
opposite side of the public street or way of vehicular
access fronting the property. In addition, if the rear of
a property adjoins a public alley or a way of vehicular
access, a building address number shall also be
conspicuously placed in a position to be plainly legible
and visible from the opposite side of the adjoining public
alley or way of vehicular access at the rear of the
property. The color of a building address number is to be
in contrast to its immediate background. A building
address number shall be comprised of Arabic numerals or
alphabet letters which shall be a minimum of three (3)
inches in height."
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
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
304.7 Roofs and chimney.
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
amount that creates a public nuisance.
304.8 Decorative
features. All cornices, belt courses, corbels, terra cotta
~ 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. Alt 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
304.12 Handrail 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 Window, sky1ight
and door frames. Every window, skylight, door and frame
shall be kept in sound condition, good repair and weather
304.13.1 Glazing. All
glazing materials shall be maintained free from cracks and
304.13.2 0penable
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.
During the period from May 1 to October 31, every door,
window and other outside opening required for ventilation
of habitable rooms, food preparation areas, food service
areas or any areas where products to be included or
utilized in food for human consumption are processed,
manufactured, packaged or stored shall be supplied with
approved tightly fitting screens of not less than 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 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
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 lock throw of not less than 1 inch. Such
deadbolt locks shall be installed according to the
manufacturer's specifications and maintained in good
working order. For the pro-pose 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 6 feet
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.
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 I 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:
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 normal 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.
2. Demolition of unsafe
conditions shall be permitted when approved by the code
305.2 Structural members.
All structural members shall be maintained structurally
sound, and 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
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
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 ground water table.
2. Concrete that has been
subjected to any of the following ` conditions:
2.1. Deterioration;
2.2. Ultimate
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
3.5. Stress or strain
3.6. Joint fatigue; or
3.7. Detached, dislodged
or failing connections.
4. Masonry that has been
subjected to any of the following conditions:
4.1. Deterioration;
4.2. Ultimate
4.3. Fractures in masonry
or mortar joints;
4.4. Fissures in masonry
or mortar joints;
4.5. Spalding;
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
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
6.2. Deterioration;
6.3. Drainage from
insects, rodents and other vermin;
6.4. Fire damage beyond
6.5. Significant splits
and checks;
6.6, Horizontal shear
6.7. Vertical shear
6.8. Inadequate support;
6.9. Detached, dislodged
or faJting connections; or
6.10. Excessive cutting
and notching.
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 stairs, landing, balcony,
porch, deck, ramp or other walking surface which is more
than 30 inches above the floor or grade below shall have
guards. Handrails shall not be less than 30 inches high or
more than 42 inches high 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 high 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 adopted building
308.1 Accumulation of
rubbish or garbage. It shall be unlawful for any person to
accumulate or cause or permit the accumulation of garbage,
refuse or rubbish on any property or premises within the
Borough of Gettysburg to include such accumulation within
the interior of any structure or improvement which is
located on any such property or premises.
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 of every occupied premise 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 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.
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 health.
After extermination, proper precautions shall be taken to
prevent reinfestation.
309.2 Owner. The owner of
any structure shall be responsible for extermination
within the structure prior to renting or leasing the
309.3 Single occupant.
The occupant of a one-family dwelling or of a
single-tenant nonresidential structure shall be
responsible for extermination 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
extermination of any insect and rodent infestation in the
public or shared areas of the structure and exterior
property. If the insect and rodent infestation is caused
by a failure of an occupant to prevent such infestation in
the area occupied, the occupant shall be responsible for
extermination. Whenever insect and rodent infestation
exists in two or more of the dwelling units in any
dwelling, extermination shall be the responsibility of the
309.5 Occupant. The
occupant of any 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 extermination.
310. Carbon Monoxide
Detectors. A carbon monoxide detector shall be required in
each dwelling unit where the dwelling structure contains
fuel-fire appliances or attached garages.
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.
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 percent of the floor area of such room.
Wherever walls or other portions of a structure face a
window of any room mad such obstructions are located less
then 3 feet 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 percent
of the floor area of the interior room or space, but not
less than 25 square feet. 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 (9144 mm). or other then residential occupancies,
means of egress, including exterior means of egress,
stairways shall be illuminated at all times the building,
space served by the means of egress is occupied with a
minimum of 1 footcandle (11 lux) at floors, landings and
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.
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 percent 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 percent of the floor
area of the interior room or space, but not less than 25
square feet (2.33 mm). The ventilation openings to the
outdoors shall be based on a total floor area being
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.
1. Where specifically
approved in writing by the code official
2. Devices such as coffee
pots and microwave ovens shall not be considered cooking
403.4 Process
ventilation. Where injurious, tonic, irritating or noxious
fumes, gases, dust 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
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 not
be less than 7 feet in any plan dimension. Kitchens shall
have a clear passageway of not less than 3 feet between
counter fronts and appliances or counter fronts and walls.
404.3 Minimum ceiling
heights. Habitable spaces, hallways, corridors, laundry
areas, bathrooms, toilet rooms and habitable basement
areas shall have a clear ceiling height of not less than 7
1. In one- and two-family
dwellings, beams or girders spaced not less than 4 feet on
center and projecting not more than 6 inches below the
required ceiling height_
2. Basement rooms in one-
and two-family dwellings occupied exclusively for laundry,
study or recreation purposes, having a ceiling height of
not less than 6 feet 8 inches with not less than 6 feet 4
inches of clear height under beams, girders, ducts and
similar obstructions.
3. Rooms occupied
exclusively for sleeping, study or similar purposes and
having a sloped ceiling over all or part of the room, with
a clear ceiling height of at least 7 feet over not less
than one-third of the required minimum floor area. In
calculating the floor area of such rooms, only those
portions of the floor area with a clear ceiling height of
5 feet or more 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
404.4.1 Room area. Every
living room shall contain at least one hundred twenty
(120) square feet (11.2 m²) and every bedroom shall
contain at least seventy (70) square feet (6.5 m²) of
floor area, and every bedroom occupied by more than one
person shall contain at least fifty (50) square feet of
floor space 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
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
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 heating 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
Table 404.5
Minimum Area Requirements
Space 1-2 occupants 3-5
occupants 6 or more occupants
Living room (a, b) 120
120 150
Dining room (a, b) No
requirements 80 100
Kitchen (b) 50 50 60
Bedrooms Shall comply
with Section 404.4 Shall comply with
Section 404.4 Shall
comply with
Section 404.4
(a) See Section 404.5.2
for combined living room/dining room spaces.
(b) See Section 404.5.1
for limitations on determining minimum occupancy area for
sleeping purposes.
404.5.1 Sleeping area.
The minimum occupancy area required by Table 404.5 shall
not be included as a sleeping area in determining the
minimum occupancy area for sleeping purposes.
404.5.2 Combined spaces.
Combined living room and dining room spaces shall comply
with the requirements of Table 404.5 if the total area is
equal to that required for separate rooms and if the space
is located so as to function as a combination living
room/dining room.
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 then two occupants shall have a clear floor area of
not less than 220 square feet A unit occupied by three
occupants shall have a clear floor area of not less than
320 square feet. 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 clear working
space of not less than 30 inches 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 mad services for the sanitary
disposal of food wastes and refuse, including facilities
for temporary
404.8 Unrelated persons.
There shall not be more than four (4) unrelated persons
living together as a single housekeeping unit. A related
person is a person or persons who are closely related by
blood, marriage, adoption or any member of a housekeeping
unit pursuant to a formal foster relationship to result in
one of the following relationships: brother, sister,
parent, child, grandparent, great grandparent, grandchild,
great grandchild, uncle, aunt, niece, nephew,
sister-in-law, brother-in-law, parent-in-law or first
cousin. Persons who are second, third or fourth cousins
shall be considered as unrelated for purposes of
application of this provision.
501.1 Scope. The
provisions of this chapter shall govern the minimum
plumbing systems, facilities and plumbing fixtures to be
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
of this chapter.
501.1 Dwelling traits.
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
locate& 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 close% one lavatory and one bathtub or
shower having access from a public hallway shall be
provided for each ten 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 comer, bottled water comer or disposable
cups next to a sink or water dispenser. Drinking
facilities shall not be located in toilet rooms or
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.
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 rooms, rooming units or
dormitory units or housekeeping units, shall have access
by traversing not more than 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 not more than
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. Employee facilities shall either be
separate facilities or combined employee and public
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 from the employees' regular
working area to the facilities.
503.4 Floor surfaces. 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.
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
505.1 General. Every
sink, lavatory, bathtub or shower, drinking fountain,
water closet or other plumbing fixture shall be properly
connected to the public 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 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 mad left in place, shall be
protected by an approved atmospheric-type vacuum breaker
or an approved permanently attached hose connection vacuum
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 pressure
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
temperature of not less than 110̊F
(43̊C). A gas-burning water heater shall not be located in
any bathroom, toilet room, bedroom or other occupied room
normally kept closed, maless 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
506.1 General. All
plumbing fixtures shall be properly connected to a public
sewer system.
506.2 Maintenance. Every
plumbing stack, vent waste and sewer line shall function
properly and be kept free from obstructions, leaks and
506.3 Grease
interceptors. Where it has been determined that a grease
interceptor is not being maintained and serviced as
intended by this code and the manufacturer's instructions,
an approved interceptor monitoring system shall be
provided or a maintenance program shall be established
with documentation submitted to the code official.
507.1 General. Drainage
of roofs and paved areas, yards and courts, and other open
areas on the premises shall not be discharged in a matter
that creates a public nuisance.
601.1 Scope. The
provisions of d~s chapter shall govern the minimum
mechanical and electrical facilities and equipment to be
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
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 of68̊F
(20̊C) in all habitable rooms, bathrooms and toilet rooms
based on the winter outdoor design temperature for the
locality indicated; Appendix D of the International
Plumbing Code. Cooking appliances shall not be used to
provide space heating to meet the requirements of this
Exception: In areas where
the average monthly temperature is above 30̊F
(-I̊C), a minimum temperature of 65̊F (18̊C) shall be
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 March 31 to maintain a temperature of not
less than 68̊ F (20̊ C) in all
habitable rooms, bathrooms, and toilet rooms.
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.
2. In areas where the
average monthly temperature is above 30̊
F (-1̊ C) a minimum temperature of 65̊ F (18̊ C) shall be
602.4 Occupiable work
space. Indoor occupiable work spaces shall be supplied
with heat during the period from November 1 to March 31 to
maintain a temperature of not less than 65̊
F (18̊ C) during the period the spaces are occupied.
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 3 feet (914 ram) above the floor near the center
of the room and 2 feet (610 ram) inward from the center of
each exterior wall.
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
Exception: Fuel-burning
equipment and appliances which are labeled for "unvented"
603.3 Clearances. All
required clearances to combustible materials shall be
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 mad for
ventilation of the space containing the fuel-burning
equipment shall be provided for the fuel-burning
603.6 Energy conservation
devices. Devices intended to reduce fuel consumption by
attachment to a fuel-burning appliance, to the fuel supply
line thereto, unto the vent outlet or vent piping there
from, shall not be installed unless labeled for such
purpose mad the installation is specifically approved.
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 the ICC Electrical Code. Dwelling units
shall be served by a three-wire, 120/240 volt,
single-phase electrical service. Ungrounded service
conductors shall have an ampere capacity of not less than
the load served. For one-family dwellings, the ampere
capacity of the ungrounded conductors shall be not less
than 100 amperes, 3 wire. For multi-family dwellings, the
ampere capacity of the ungrounded conductors shall be not
less than 50 amperes for each dwelling unit.
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 fighting 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
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
1. Enclosed switches,
rated 600 volts or less;
2. Busway, rated 600
volts or less;
3. Panelboards, rated 600
volts or less;
4. Switchboards, rated
600 volts or less;
5. Firepump controllers,
rated 600 voIts or less;
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
13. Cast-resin
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;
I6. Luminaries 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.
605.1 Installation. AB
electrical equipment~ wiring and appliances shall be
properly installed and maintained in a safe and approved
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 grounded-type receptacle or a
receptacle .with a ground fault circuit interrupter. Every
bathroom shall contain at least one receptacle.
Any new bathroom
receptacle outer shall have ground fault circuit
interrupter protection.
605.3 Luminaries. Every
public hall, interior stairway, toilet room, kitchen,
bathroom, laundry room, boiler room and furnace room shall
contain at least one electric luminaire.
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 alt 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 ASM 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
607.1 General. Duct
systems shall be maintained free of obstructions and shall
be capable of performing the required
701.1 Scope. The
provisions of this chapter shall govern the minimum
conditions and standards for fire safety relating to
structures and exterior premises, including fire safety
facilities and equipment to be provided.
701.2 Responsibility. The
owner of the premises shall provide and maintain such fire
safety facilities and equipment 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.
702.1 General. A safe,
continuous and unobstructed path of travel shall be
provided from any point in a building or structure to the
public way. Means of egress shall comply with the
International Fire Code.
702.2 Aisles. The
required width of aisles in accordance with the
International Fire Code shall be unobstructed.
702.3 Locked doors. All
means of egress doors shall be readily openable from the
side from which egress is to be made without the need for
keys, special knowledge or effort, except where the door
hardware conforms to that permitted by the International
Building Code.
702.4 Emergency escape
openings. Required emergency escape openings shall be
maintained in accordance with the code in effect at the
time of construction, and the following. Required
emergency escape and rescue openings shall be operational
from the inside of the room without the use of keys or
tools. Bars, grilles, grates or similar devices are
permitted to be placed over emergency escape and rescue
openings provided the minimum net clear opening size
complies with the code that was in effect at the time of
construction and such devices shall be releasable or
removable from the inside without the use of a key, tool
or force greater than that which is required for normal
operation of the escape and rescue opening.
Fire-resistance-rated assemblies. The required fire
resistance rating of fire-resistance-rated walls, fire
stops, shaft enclosures, partitions and floors shall be
703.2 Opening protectives.
Required opening protectives shall be maintained in an
operative condition. All fire and smokestop doors shall be
maintained in operable condition. Fire doors and smoke
barrier doors shall not be blocked or obstructed or
otherwise made inoperable.
704.1 General. All
systems, devices and equipment to detect a fire, actuate
an alarm, or suppress or control a fire or any combination
thereof shall be maintained in an operable condition at
all times in accordance with the International Fire Code.
704.1.1 Automatic
sprinkler systems. Inspection, testing and maintenance of
automatic sprinkler systems shall be in accordance with
704.2 Smoke alarms.
Single or multiple-station smoke alarms shall be installed
and maintained in Groups R-2, R-3, R-4 and in dwellings
not regulated in Group R occupancies, regardless of
occupant load at all of the following locations:
1. On the ceiling or wall
outside of each separate sleeping area in the immediate
vicinity of bedrooms.
2. In each room used for
sleeping purposes.
3. In each story within a
dwelling unit, including basements and cellars, but not
including crawl spaces and uninhabitable attics. In
dwellings or dwelling units with split levels and without
an intervening door between the adjacent levels, a smoke
alarm installed on the upper level shall suffice for the
lower level provided that the lower level is less than one
full story below the upper level.
4. At the upper level of
every common open stairway.
Single or
multiple-station smoke alarms shall be installed in other
groups in accordance with the International Fire Code.
704.3 Power source. In
Group R occupancies and in dwellings not regulated as
Group R occupancies, single-station smoke alarms shall
receive their primary power from the building wiring
provided that such wiring is served from a commercial
source and shall be equipped with a battery backup. Smoke
alarms shall emit a signal when batteries are low. Wiring
shall be permanent and without a disconnecting switch
other than as required for overcurrent protection.
Exception: Smoke alarms
are permitted to be solely battery operated in buildings
where no construction is taking place, buildings that are
not served from a commercial power source and in existing
areas of buildings undergoing alterations or repairs that
do not result in the removal of interior wall or ceiling
finishes exposing the structure, unless there is an attic,
crawl space or basement available which could provide
access for building wiring without the removal of interior
704.4 Interconnection.
Where more than one smoke alarm is required to be
installed within an individual dwelling unit in Group R-2,
R-3, R-4 and in dwellings not regulated as Group R
occupancies, the smoke alarms shall be interconnected in
such a manner that the activation of one alarm will
activate all of the alarms in the individual unit. The
alarm shall be clearly audible in all bedrooms over
background noise levels with all intervening doors closed.
1. Interconnection is not
required in buildings which arenot undergoing alterations,
repairs, or construction of any kind.
2. Smoke alarms in
existing areas are not required to be interconnected where
alterations or repairs do not result in the removal of
interior wall or ceiling finishes exposing 2the structure,
unless there is an attic, crawl space or basement
available which could provide access for interconnection
without the removal of interior finishes.
704.5 Fire extinguishers.
All portable fire extinguishers shall be visible, provided
with ready access thereto, and maintained in an efficient
and safe operating condition. Each dwelling unit shall
have at a minimum a fire extinguisher of the 2A 10BC type.
Fire extinguishers shall be placed in the kitchen area of
the dwelling at a location removed from the stove or other
heat source. The fire extinguisher shall be fully charged.
The fire extinguisher shall have either a current
inspection tag or, in the alternative, the owner of the
dwelling unit may provide satisfactory proof to the
Borough's inspector that the fire extinguisher servicing
the dwelling unit was purchased within the twelve (12)
month period preceding the Borough's inspection
705.1 Emergency escape
and rescue required. Basement sleeping rooms shall have at
least one (1) operable emergency and rescue opening. Such
opening shall open directly onto a public street, public
alley, yard or court. Where basements contain more than
one (1) sleeping room, emergency escape and rescue
openings shall be required in each sleeping room.
Emergency escape and rescue openings shall have a sill
height of not more than forty-four (44") inches above the
floor. The net clear opening dimensions required by this
section shall be obtained by the normal operation of the
emergency escape and rescue opening from the inside.
Emergency escape and rescue openings with a finished sill
height below the adjacent ground elevation shall be
provided with a window well in accordance with Section
705.2. Such emergency escape and rescue openings shall
open directly onto a public way or to a yard or court that
opens onto a public way.
705.1.1 Minimum opening
area. All emergency escape and rescue openings hall have a
minimum net clear opening of 5.7 square feet (0.530 m²).
Exception: Grade floor
openings shall have a minimum net clear opening of five
(5) square feet (0.465 m²).
705.1.2 Minimum opening
height. The minimum net clear opening height shall be
twenty-four (24") inches (610 mm).
705.1.3 Minimum opening
width. The minimum net clear opening width shall be twenty
(20") inches.
705.1.4 Operational
constraints. Emergency escape and rescue openings shall be
operational from the inside of the room without the use of
keys, tools or special knowledge.
705.2 Window wells. The
minimum horizontal area of the window well shall be nine
(9) square feet (0.9 m²) with a minimum horizontal
projection and width of thirty-six (36") inches (914 mm).
The area of the window well shall allow the emergency
escape and rescue opening to be fully opened.
Exception: The ladder or
steps required by Section 705.2.1 shall be permitted to
encroach a maximum of six (6") inches (152 mm) into the
required dimensions of the window well.
705.2.1 Ladder and steps.
Window wells with a vertical depth greater than forty-four
(44") inches (1118 mm) shall be equipped with a
permanently affixed ladder or steps usable with the window
in the fully open position. Ladders or rungs shall have an
inside width of at least twelve (12") inches (305 mm),
shall project at least three (3") inches (76 mm) from the
wall and shall be spaced not more than eighteen (18")
inches (457 mm) on center vertically for the full height
of the window well.
705.3 Bars, grilles,
covers and screens. Bars, grilles, covers, screens or
similar devices are permitted to be placed over emergency
escape and rescue openings, bulkhead enclosures or window
wells that serve such openings, provided the minimum net
clear opening size complies with Sections 705.1.1 through
705.1.3 and such devices shall be releasable or removable
from the inside without the use of a key, tool, special
knowledge or force greater than that which is required for
normal operation of the escape and rescue opening.
705.4 Emergency escape
windows under decks and porches. Emergency escape windows
are allowed to be installed under decks and porches
provided the location of the deck allows the emergency
escape window to be fully opened and provides a path not
less than thirty-six (36") inches (914 mm) in height to a
yard or court.
The Borough Council of
the Borough of Gettysburg hereby enacts, adopts, and
ordains the following Ordinance as a replacement for
Chapter 5, Part 1 of the Code of Ordinances:
That a certain document,
three (3) copies of which are on file in the office of the
Borough of Gettysburg, being marked and designated as the
International Property Maintenance Code, 2009 edition, as
published by the International Code Council, be and is
hereby adopted as the Property Maintenance Code of the
Borough of Gettysburg for regulating and governing the
conditions and maintenance of all property, buildings and
structures; by providing the standards for supplied
utilities and facilities and other physical things and
conditions essential to ensure that structures are safe,
sanitary and fit for occupation and use; and the
condemnation of buildings and structures unfit for human
occupancy and use; and the demolition of such existing
structures as hereby provided; providing for the issuance
of permits and collection of fees therefor; and each and
all of the regulations, provisions, penalties, conditions
and terms of said Property Maintenance Code on file in the
office of the Borough of Gettysburg are hereby referred
to, adopted, and made a part hereof, as if fully set out
in this ordinance, with the additions, insertions,
deletions and changes, if any, set forth below.
The property maintenance
code hereby adopted is amended as follows:
A. Whenever the term
"Name of Jurisdiction" or "jurisdiction" is used in this
code, it shall be held to mean the Borough of Gettysburg;
B. Whenever the term
"legal officer" or "legal representative" is used in this
code, it shall be held to mean the Borough Solicitor.
C. Whenever the term
"board of appeals" or "appeals board" is used in this
code, it shall be held to mean the Borough of Gettysburg
Code Enforcement Appeals Board.
REGULATIONS. In all matters that are regulated by the laws
of the Commonwealth of Pennsylvania or by regulations of
departments or agencies of the Commonwealth of
Pennsylvania promulgated by authority of law, such laws or
regulations, as the case may be, shall control where the
requirements thereof are the same as or in excess of the
provisions of this ordinance. The code shall control in
all cases where the state requirements are not as strict
as those contained in this Part.
BE CONTINUATION OF EXISTING REGULATIONS. The provisions of
this ordinance so far as they are the same as those of
ordinances and/or codes in force immediately prior to the
enactment of this ordinance, are intended as a
continuation of such ordinances and codes and not as new
enactments. The provisions of this ordinance shall not
affect any act done or liability incurred, nor shall they
affect any suit or prosecution pending or to be instituted
to enforce any right or penalty or to punish any offense
under the authority of any repealed ordinances.
SECTION 5: REPEALER. All
ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed to the extent of such
SECTION 6: This Ordinance
shall take effect upon enactment.
ORDAINED this 14th day of September, 2009.
Edwin R. Peterson
President of Borough
Sara L. Stull, Secretary
APPROVED this 14th day of September, 2009.
By: __________________________
William E. Troxell, Mayor