ORDINANCE NO. 75-/0
AN ORDINANCE ENACTING A HOUS
PROPERTY MAINTENANCE CODE OF THE BOROUGH
4OF NEW BERLIN, PENNSYLVANIA; ESTAINGBLIS
HING MINIMUM STANDARDS FOR BASIC EQUIPMENT
<IAND FAC
#
ILITIES FOR LIGHT, VENTILATION SPAC
MAINTENANCE; FOR COOKING EQUIPMENT IN ALLE HEATING AND SAFE AND SANITARY
STRUCTURES NOW IN EXISTENCE; FIXING
''THE RESPONS IBILI TIES OF OWNERS, OPERATOR AND
OCCUPANTS OF ALL STRUCTURES: AND
PROVIDING FOR ADMINISTRATI
t<
ON, ENFORCEMENT AND PENALTIES.
The Borough of New Berlin does hereby enact and orda
in as follows:
SECTION 1.
The BOCA Basic Housing
perty Maintenance Code (1970 Second
Edition including 1971 Supplement), its -Pro
supp
lements and amendments is hereby
adopted as the Housing-Property Maintenance Code
subject to the following changes and additions as of the Borough of New Berlin,
set forth hereinafter.
SECTION 2. The said BOCA Basic Housing-Property Main
tenance Code (1970
Second Edition including 1971 Suppleme
nt), its supplements and amehdments, as
established in a standard form is hereby incorporated
part hereof. Three (3) copies of said Code are avai by reference and made a
i 318 Vine Street, New Berlin, Union County, Pennsylv lable in the Borough Office,
ania.
SECTION 3. The said Code, with reference to the sect
ions of said Code are
N
4
P
A
ff
i
,
amended as set forth herein in the following
H-101.1 - shall be amended to read particulars:
'Y
as follows:
APPLICATION OF BUILDING CODE: Any
rations to buildings or changes
of use therein, which may be caused direalte
ctly or indirectly by the encorcement
I of
shall be done in accordance with appl icable
of Code
the mun
sections of the building coda
icipality.
4
il
H-130.31 - shall be amended to read as follows:
POSTING OF
NOTICE: Any structur declared as unfit for human
occupancy
| shall be posted with a placard by theesbuil
ding official. The placard shall
include the fbllowing:
1
1.
name of borough;
2.
the name of the authorized department having
jurisdiction;
3.
the chapter and section of the code under which
it is issued;
4.
an order that the structure when vaca
ted must remain
vacant until the provisions of the orde
r are complied
with
5.
6.
a statement of the penalty fdr defacing or
. emoving
tile placard.
1
'
and the order to vacate is withdrawn;
the date that the placard is posted, and
H-140.3 - shall be amended to read as follows:
1 PENALTY FOR VIOLATIONS
Any person, fini or corp
l ilolate are
:provision of th's Code shall, upon conviction theroration, who shal
before e Mayor or
ic cp of he a .£ ·,vith somfetent jurisdictio:, eof
51·all be :, recpd to oay A
,
fine of not less than Twenty-five ($25.00)
ars nor more than Three Hundred
Dollars ($300.00) or imprisonment for a termDoll
not
to exceed ninety (90) days,
or both. Every day that a violation continues
after due
notice has been served,
in accordance with the terms and provisions hereof,
shall be deemed a separate
offense.
H-141.0 - shall be amended to read as follows:
RIGHT OF APPEAL. Any owner or person who is aggrieve
d with the ruling or
decision of the enforcing officer in any
matter relative to the interpretation
or enforcement of any of the provisions of the Hous
ing-Property Maintenance Code
may appeal the decision.
Any such appeal must be filed with a Board of
Appeal,
ten (10) days of the date of the rend
ition of the decision.
»
'1
k
in writing, within
4
The Borough of New Berlin shall appoint and establis
h an appeal board of
three (3) persons, qualified by educ
atio
n
experience, who have the duty,
responsibility and authority to decide the and
matters referred to them.
"
The decfsion of the Board of Appeals may be appealed
to the Court of Common
Pleas of the County of Union within thir
ty
(30)
days
of
the
date of rendition
of the decision of the Board of Appeals.
H-210.0 - The following definitions as set forth unde
r said section are
amended in part as follows:
ONE-FAMILY DWELLING: A building cont
aining one (1) dwelling unit with not
more than one (1) family or not more
than five (5) lodgers or boarders.
TWO-FAMILY DWELLING: A building containing two
(2) dwelling
more than two (2) families or not more
than five (5) duals.
units with not
BOARDING HOUSE, LODGING HOUSE, TOURIST HOME: A buil
ding arranged or used
for the lodging with or without meals,
for
comp
ensa
tion
,
for more than three (3)
individuals.
DORMITORY: A buil
ding arranged or used
individuals and having common toilet and bath for lodging four (4) or more
room facilities, to include
fraternities.
HOTEL:
A building arranged and used for shel tering,
sleep 19 or feeding
transient guests for compensation.
FAMILY:
An individu
al, or two (2) or more persons
A group of not more than three (3) persons notrelated by blood or
related, living .as a
j single housekeeping unit in a dwelling unit.
marriage.
H-324.1 - Deleted.
P.
i
H-401.2 - Shall be amended to read as follo
ws:
' LAVAlORY:
Every dwel ling unit shall contain a lavatory
H-402.1 - shall be amended to read as follows:
WATER HEATING FACILITIES:
Every dwelling unit shall be supplied
, He :ing fa1ilities,thdchi then aistallrdlineantop
hovfdgtarner
4 !;Dlied ,Jitii hot water under section
4-402.0.
ith v.-.ter
equipeditombento i ne ,
Water heat,· - 'ocisit:25 1.'2'
,
r
'1
4
4 De capaoie oT neatlng water to such a temp
erature as to permit an adequate amount
1, of water to be drawn at every required kitch
en sink, lavatory basin, bathtub,
1 shower,
and laundry facility or othe similar units, at a temp
erature of not less
U than one hundred thirty (130) degreesr Fahr
enheit.
H-421.0 - shall be amended to
MINIMUM CEILING HEIGHTS:
read as follows:
Habitable room
s in existing buildings, except as
provided in section H-112.0, shall have
a clear ceiling height over the
minimun area
'
required by this code at not less than seven (7) feet
, except that
in attics or top half-stories the ceil
ht shall be not less than seven (7)
feet over not less than one-third (1/3)ingof heig
the minimum area required by this code
when used for sleeping, study or similar acti
. In calculating the floor
area of such rooms, only those portions of thevity
floo
clear ceiling height of five (5) feet or more may ber area of the room having a
included.
H-426.0 - shall be amended to read as follows:
OCCUPANCY OF DWELLING UNITS BELOW
E: No dwelling unit partially below
grade shall be used for living purpGRAD
oses unless:
1. floors and walls are watertight, and
2.
total window area, total openable
area and ceiling height are
in accordance with this code.
H-431.0 - shall be amended to read as follows:
NATURAL LIGHT IN HABITABLE ROOMS: Every habitable room
shall have at least one
(1) window of approved size facing directly to
outdoors or to a court. The
minimum total window area, Measured between stopthe
s,
for every habitable rooin
shall be five (5) per cent of the floor area
of
such
when artificial light may be provided in accordance room, except in kitchens
building code. Whenever walls or other portions of with the provisions of the
a structure face a window
of any room and such obstructions are located less than
three (3) feet from the
window and extend to a level above that of the ceil
ing
of
the rooms such a
window shall not be deemed to face directly to the
outd
oors
nor to a court and
shall not be included as contributing to the requ
ired
mini
mum
total window
area for the room.
H-513.0 - Deleted.
SECTION 4. The following addition
of the said Housing Code as follows: s are added to and shall become a part
H-601.0 - PERMITS:
,
f
No person shall operate or rent to another
for occupanclj
any
of athePubl
stru
issued
rned
by the
ic ctur
the Boro
Housesinggove
Housugh
ing Secr
Perm
Codeetar
it by
until
y. such person has been
v
<
H-601.2 - APPLICATION AND PERMITS: Application
for permits shall be made td
the Borough Secretary on forms furnished by
her which applications shell includei
1. the name and address of the owner and of the
operator ff
he is not
the owner;
2.
3.
the location cf the structure by street and number;
4
the number of rooming units available
for occupapcy ana
the number of persons who may be accompod
ated in accoroance
with the provisions of the Housing Code
, and
4
such ·sther .,tio,matior, as tne Borough Secre
maj
eguir7.
i
G
4
4
:''l
H-601.3 - PERMIT FEES:
1.
The Borough Secretary shall issue a permit to the
applicant
upon reasonable proof that:
a. the structure complies with the provisions of the
Housing
Code, and
b.
5-1
a
the structure possesses a Use Permit for such purposes
under
the Zoning Ordinances
of the Borough of New Berlin and meets
the provisions of the Building Code, Plum
bing Code, Electrical
4.
Any alternation, if it increases or decr
eases the habitable
occupancy of any structure as set forth in this Hous
be approved by the proper Borough official and a perming Code, must
it issued for
such alteration, for which a charge of One Dollar ($1.0
0) is
established, This permit is separate from
any building or other
permit provided by any other Ordinance of the Borough.
H-601.4 - DISPLAY AND USE OF PERMIT:
permit shall be posted in a
conspicuous place in the operator's office The
or
publ
ic hall of a rooming house.
In all other structures covered
operators shall notify the Borough Secretary within
twelve (12) days of any transfer of owne
rship or operation of any rooming house.
, The operator shall keep a list of occu
pants up to date at 211 times in a
p permanent record book.
4- F
ENACTED AND ORDAINED. this 67.-t '4 day of zftz#c-,
.375.
-2,
k
BOROUGH OF NEW BERLIN
. 854-···4:99:.1-.4,2.2.
0
24 R
]SAL
S
euri, td
ry
Approved this
1.' --'L,4-
1
President
1
3«4ck..L_L
.
<sjk day of
60-0,2 '*c-
1975
--
Mayor
Bor4425 of N
.5 9 l.1 5 1 1
r
'd
'
4
0
by the Housing Code, the permit shall be
accessible by the operator to produce upon
request. No transfer of permit shall
be made, and new owners or
ATTEST:
1
-iT' -
Code, and other applicable codes of the Borough of New
Berlin.
2. If an applicant is refused a permit, he shall be prom
ptly notified
by the Borough Secretary, and the reason thereof.
3. The permit fee shall be Fifty Cents ($0.50) per year
dwelling unit or rooming unit, with a minimum permit for each
fee of One
Dollar ($1.00) and a yearly permit fee of Ten
Dolla
rs
for fraternity houses. No reduction shall be made for ($10.00)
yearly permits, and said permits shall be renewed annu fractional
beginning of each successive year by the owner or operally at the
ator at the
same rate.
„