PRINTER'S NO. 3987
No. 2869 Session of 1996
INTRODUCED BY BUXTON, SAYLOR, BELARDI, SCRIMENTI, VAN HORNE,
HASTE, STABACK, CALTAGIRONE, STURLA, BOSCOLA, MIHALICH,
ARGALL, ROONEY, DENT, TANGRETTI, CAWLEY AND SHANER,
SEPTEMBER 23, 1996
REFERRED TO COMMITTEE ON URBAN AFFAIRS, SEPTEMBER 23, 1996
AN ACT
1 Amending the act of June 23, 1931 (P.L.932, No.317), entitled
2 "An act relating to cities of the third class; and amending,
3 revising, and consolidating the law relating thereto,"
4 authorizing the adoption of property maintenance ordinances;
5 and further providing for fines and penalties.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The heading of subdivision (d) of Article XLI of
9 the act of June 23, 1931 (P.L.932, No.317), known as The Third
10 Class City Code, reenacted and amended June 28, 1951 (P.L.662,
11 No.164) and amended July 29, 1971 (P.L.250, No.61), is amended
12 to read:
13 (d) Building, Housing, Property Maintenance,
14 Fire Prevention, Plumbing and Electrical Ordinances
15 Section 2. Sections 4130, 4131, 4132 and 4133 of the act,
16 amended July 29, 1971 (P.L.250, No.61), are amended to read:
17 Section 4130. Building Ordinance [and], Housing Ordinance,
18 Property Maintenance Ordinance, Fire Prevention Ordinance,
1 Electrical Ordinance and Plumbing Ordinance.--Each city may
2 enact a building ordinance, a housing ordinance, a property
3 maintenance ordinance, a fire prevention ordinance, an
4 electrical ordinance, and a plumbing ordinance, which may
5 provide for the following matters:
6 (a) A system of specifications and regulations to insure the
7 structural safety and the incombustibility of buildings and
8 housing constructed, reconstructed, altered, enlarged, repaired
9 or maintained within the city.
10 (b) A system of specifications and regulations for the
11 setting out, construction, alteration, repair, maintenance,
12 occupation, sanitation, ventilation, lighting, electric wiring,
13 water supply, toilet facilities, drainage, plumbing, use and
14 inspection of all buildings and housing or parts of buildings
15 and housing, and the walls and foundations thereof, constructed,
16 erected, altered, designated, or used, in whole or in part, for
17 human habitation, and for the sanitation and inspection of land
18 appurtenant thereto.
19 Section 4131. Form of Building Ordinance, Housing Ordinance,
20 Property Maintenance Ordinance, Fire Prevention Ordinance, and
21 Plumbing Ordinance; Passage; Penalties.--The building ordinance,
22 the housing ordinance, the property maintenance ordinance, the
23 fire prevention ordinance, the electrical ordinance and the
24 plumbing ordinance may adopt any standard or nationally
25 recognized building code, any standard or nationally recognized
26 housing code, any standard or nationally recognized property
27 maintenance code, any standard or nationally recognized fire
28 prevention code, [or] any standard or nationally recognized
29 electrical code, or any standard or nationally recognized
30 plumbing code, or any variations or changes or parts thereof,
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1 published and printed in book form, covering any or all of the
2 above items, without incorporating such code in the ordinance,
3 or any city may enact any such building code, housing code,
4 property maintenance code, fire prevention code, electrical
5 code, or plumbing code, or any changes or variations or parts
6 thereof, as its building ordinance, as its housing ordinance, as
7 its property maintenance ordinance, as its fire prevention code,
8 as its electrical code or as its plumbing code. In either event,
9 the building ordinance or code, the housing ordinance or code,
10 the property maintenance ordinance or code, the fire prevention
11 ordinance or code, the electrical ordinance or code, and the
12 plumbing ordinance or code, or any changes or variations or
13 parts thereof, need not be advertised after passage, but notice
14 of its consideration, in reasonable detail shall be published as
15 required by section one thousand fourteen of this act. Not less
16 than three copies of the building ordinance, the housing
17 ordinance, the property maintenance ordinance, the fire
18 prevention ordinance, the electrical ordinance or the plumbing
19 ordinance adopted by council shall be made available to public
20 inspection and use during business hours for at least three
21 months after its adoption. The building ordinance, the housing
22 ordinance and the property maintenance ordinance may provide
23 penalties of fine not exceeding one per month and limited to no
24 more than one thousand dollars for the first two violations of
25 the same subsection of such ordinance and not exceeding ten
26 thousand dollars for the third and any subsequent violation of
27 the same subsection of such ordinance. The [building ordinance,
28 the housing ordinance, the] fire prevention ordinance, the
29 electrical ordinance, and the plumbing ordinance may provide
30 [proper fines and penalties] penalties of fine not exceeding
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1 [three hundred dollars] one thousand dollars for violations
2 thereof. The procedure herein set forth relating to the adoption
3 of such building ordinances, housing ordinances, property
4 maintenance ordinances, fire prevention ordinances, electrical
5 ordinances and plumbing ordinances may likewise be adopted in
6 amending, supplementing or repealing any of the provisions of
7 such ordinances.
8 Section 4132. Building Inspectors, Housing Inspectors,
9 Property Maintenance Inspectors, Fire Prevention Inspectors,
10 Electrical Inspectors, and Plumbing Inspectors.--Council may
11 appoint building inspectors, housing inspectors, property
12 maintenance inspectors, fire prevention inspectors, electrical
13 inspectors and plumbing inspectors and fix their compensation.
14 Such inspectors shall have the right to enter upon and inspect
15 any and all premises at all reasonable hours for the
16 administration and enforcement of the building ordinance, the
17 housing ordinance, the property maintenance ordinance, the fire
18 prevention ordinance, the electrical ordinance and the plumbing
19 ordinance. Any fees payable to them under the building
20 ordinance, the housing ordinance, the property maintenance
21 ordinance, the fire prevention ordinance, the electrical
22 ordinance and the plumbing ordinance shall be paid by them to
23 the city treasurer for the use of the city as promptly as may
24 be.
25 Section 4133. Actions to Restrain Violations.--The city may,
26 in addition to the penalties provided by its building ordinance,
27 its housing ordinance, its property maintenance ordinance, its
28 fire prevention ordinance, its electrical ordinance and its
29 plumbing ordinance, bring actions at law or in equity to prevent
30 or restrain, correct or abate any violations of its building
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1 ordinance, its housing ordinance, its property maintenance
2 ordinance, its fire prevention ordinance, its electrical
3 ordinance and its plumbing ordinance.
4 Section 3. This act shall take effect in 60 days.
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