PRIOR PRINTER'S NO. 570 PRINTER'S NO. 1065
No. 541 Session of 1997
INTRODUCED BY PICCOLA, BRIGHTBILL, ULIANA, JUBELIRER, MELLOW,
AFFLERBACH, GERLACH, HELFRICK, O'PAKE, ROBBINS, MADIGAN,
WOZNIAK, THOMPSON AND DELP, FEBRUARY 25, 1997
SENATOR ULIANA, URBAN AFFAIRS AND HOUSING, AS AMENDED,
MAY 6, 1997
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 AND 4131 of <--
16 the act, amended July 29, 1971 (P.L.250, No.61), are amended to
17 read:
18 Section 4130. Building Ordinance [and], Housing Ordinance,
1 Property Maintenance Ordinance, Fire Prevention Ordinance,
2 Electrical Ordinance and Plumbing Ordinance.--Each city may
3 enact a building ordinance, a housing ordinance, a property
4 maintenance ordinance, a fire prevention ordinance, an
5 electrical ordinance, and a plumbing ordinance, which may
6 provide for the following matters:
7 (a) A system of specifications and regulations to insure the
8 structural safety and the incombustibility of buildings and
9 housing constructed, reconstructed, altered, enlarged, repaired
10 or maintained within the city.
11 (b) A system of specifications and regulations for the
12 setting out, construction, alteration, repair, maintenance,
13 occupation, sanitation, ventilation, lighting, electric wiring,
14 water supply, toilet facilities, drainage, plumbing, use and
15 inspection of all buildings and housing or parts of buildings
16 and housing, and the walls and foundations thereof, constructed,
17 erected, altered, designated, or used, in whole or in part, for
18 human habitation, and for the sanitation and inspection of land
19 appurtenant thereto.
20 Section 4131. Form of Building Ordinance, Housing Ordinance,
21 Property Maintenance Ordinance, Fire Prevention Ordinance, and
22 Plumbing Ordinance; Passage[; Penalties].--The building <--
23 ordinance, the housing ordinance, the property maintenance
24 ordinance, the fire prevention ordinance, the electrical
25 ordinance and the plumbing ordinance may adopt any standard or
26 nationally recognized building code, any standard or nationally
27 recognized housing code, any standard or nationally recognized
28 property maintenance code, any standard or nationally recognized
29 fire prevention code, [or] any standard or nationally recognized
30 electrical code, or any standard or nationally recognized
19970S0541B1065 - 2 -
1 plumbing code, or any variations or changes or parts thereof,
2 published and printed in book form, covering any or all of the
3 above items, without incorporating such code in the ordinance,
4 or any city may enact any such building code, housing code,
5 property maintenance code, fire prevention code, electrical
6 code, or plumbing code, or any changes or variations or parts
7 thereof, as its building ordinance, as its housing ordinance, as
8 its property maintenance ordinance, as its fire prevention code,
9 as its electrical code or as its plumbing code. In either event,
10 the building ordinance or code, the housing ordinance or code,
11 the property maintenance ordinance or code, the fire prevention
12 ordinance or code, the electrical ordinance or code, and the
13 plumbing ordinance or code, or any changes or variations or
14 parts thereof, need not be advertised after passage, but notice
15 of its consideration, in reasonable detail shall be published as
16 required by section one thousand fourteen of this act. Not less
17 than three copies of the building ordinance, the housing
18 ordinance, the property maintenance ordinance, the fire
19 prevention ordinance, the electrical ordinance or the plumbing
20 ordinance adopted by council shall be made available to public
21 inspection and use during business hours for at least three
22 months after its adoption. The building ordinance, the housing <--
23 ordinance and the property maintenance ordinance may provide
24 penalties of fine not exceeding one per month on a property and
25 limited to no more than one thousand dollars for the first two
26 violations of the same subsection of such ordinance on the same
27 property and not exceeding ten thousand dollars for the third
28 and any subsequent violation of the same subsection of such
29 ordinance on the same property. The [building [THE BUILDING <--
30 ordinance, the housing ordinance, the] fire prevention <--
19970S0541B1065 - 3 -
1 ordinance, the electrical ordinance, and the plumbing ordinance
2 may provide [proper fines and penalties] penalties of fine not <--
3 exceeding [three hundred dollars] one thousand dollars for <--
4 violations thereof.] The procedure herein set forth relating to <--
5 the adoption of such building ordinances, housing ordinances,
6 property maintenance ordinances, fire prevention ordinances,
7 electrical ordinances and plumbing ordinances may likewise be
8 adopted in amending, supplementing or repealing any of the
9 provisions of such ordinances.
10 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
11 SECTION 4131.1. PENALTIES.--(A) EXCEPT AS PROVIDED FOR IN
12 SUBSECTION (B), THE BUILDING ORDINANCE, THE HOUSING ORDINANCE,
13 THE PROPERTY MAINTENANCE ORDINANCE, THE FIRE PREVENTION
14 ORDINANCE, THE ELECTRICAL ORDINANCE AND THE PLUMBING ORDINANCE
15 MAY PROVIDE PENALTIES OF FINE NOT EXCEEDING ONE PER MONTH ON A
16 PROPERTY AND LIMITED TO NO MORE THAN ONE THOUSAND DOLLARS FOR
17 THE FIRST TWO CONTINUAL AND UNCORRECTED VIOLATIONS OF THE SAME
18 SUBSECTION OF SUCH ORDINANCE ON THE SAME PROPERTY AND NOT
19 EXCEEDING FIVE THOUSAND DOLLARS FOR THE THIRD AND ANY SUBSEQUENT
20 CONTINUAL AND UNCORRECTED VIOLATION OF THE SAME SUBSECTION OF
21 SUCH ORDINANCE ON THE SAME PROPERTY.
22 (B) IF A VIOLATION OF THE BUILDING ORDINANCE, THE HOUSING
23 ORDINANCE, THE PROPERTY MAINTENANCE ORDINANCE, THE FIRE
24 PREVENTION ORDINANCE, THE ELECTRICAL ORDINANCE OR THE PLUMBING
25 ORDINANCE IS FOUND TO POSE A THREAT TO THE PUBLIC'S HEALTH,
26 SAFETY OR PROPERTY, THEN PENALTIES OF FINE MAY BE PROVIDED FOR
27 AS FOLLOWS:
28 (I) NOT EXCEEDING ONE VIOLATION PER FIVE CALENDAR DAYS FOR A
29 CONTINUAL AND UNCORRECTED VIOLATION OF THE SAME SUBSECTION OF
30 SUCH ORDINANCE ON THE SAME PROPERTY;
19970S0541B1065 - 4 -
1 (II) LIMITED TO NO LESS THAN FIVE HUNDRED DOLLARS AND NO
2 MORE THAN ONE THOUSAND DOLLARS FOR THE FIRST TWO CONTINUAL AND
3 UNCORRECTED VIOLATIONS OF THE SAME SUBSECTION OF SUCH ORDINANCE
4 ON THE SAME PROPERTY AND NO LESS THAN ONE THOUSAND DOLLARS AND
5 NOT EXCEEDING TEN THOUSAND DOLLARS FOR THE THIRD AND ANY
6 SUBSEQUENT CONTINUAL AND UNCORRECTED VIOLATION OF THE SAME
7 SUBSECTION OF SUCH ORDINANCE ON THE SAME PROPERTY, OR
8 IMPRISONMENT FOR ANY TERM NOT EXCEEDING NINETY DAYS, OR BOTH.
9 SECTION 4. SECTIONS 4132 AND 4133 OF THE ACT, AMENDED JULY
10 29, 1971 (P.L.250, NO.61), ARE AMENDED TO READ:
11 Section 4132. Building Inspectors, Housing Inspectors,
12 Property Maintenance Inspectors, Fire Prevention Inspectors,
13 Electrical Inspectors, and Plumbing Inspectors.--Council may
14 appoint building inspectors, housing inspectors, property
15 maintenance inspectors, fire prevention inspectors, electrical
16 inspectors and plumbing inspectors and fix their compensation.
17 Such inspectors shall have the right to enter upon and inspect
18 any and all premises at all reasonable hours for the
19 administration and enforcement of the building ordinance, the
20 housing ordinance, the property maintenance ordinance, the fire
21 prevention ordinance, the electrical ordinance and the plumbing
22 ordinance. Any fees payable to them under the building
23 ordinance, the housing ordinance, the property maintenance
24 ordinance, the fire prevention ordinance, the electrical
25 ordinance and the plumbing ordinance shall be paid by them to
26 the city treasurer for the use of the city as promptly as may
27 be.
28 Section 4133. Actions to Restrain Violations.--The city may,
29 in addition to the penalties provided by its building ordinance,
30 its housing ordinance, its property maintenance ordinance, its
19970S0541B1065 - 5 -
1 fire prevention ordinance, its electrical ordinance and its
2 plumbing ordinance, bring actions at law or in equity to prevent
3 or restrain, correct or abate any violations of its building
4 ordinance, its housing ordinance, its property maintenance
5 ordinance, its fire prevention ordinance, its electrical
6 ordinance and its plumbing ordinance.
7 Section 3 5. This act shall take effect in 60 days. <--
L19L11JS/19970S0541B1065 - 6 -