Chapter 4 – Buildings

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CHAPTER 4

 

BUILDINGS

 

 

[See Chapter 5, Codes]

 

PART 1

 

NUMBERING BUILDINGS

 

 

§101. Legislative Intent

§102. Definitions

§103. Development of Identification System

§104. Building Identification Mandatory; Owner’s Responsibility

§105. Notice of Identification Number to Existing Building Owners

§106. New Building

§107. Specifications of Building Numbers and Location

§108. Maintenance of Building Numbers

§109. Enforcement

§110. Penalties for Violation; Disposition of Fines

 

 

PART 2

 

ACCESS TO NONRESIDENTIAL BUILDINGS

 

 

§201  Purpose and Legislative Intent

§202  Duty to Provide Contact Information

§203  Contact Information

§204  Lock Box

§205  Access to MSDS Information

§206  Penalty for Violation

 

 

PART 3

 

INSTALLATION OF PUBLIC SAFETY RADIO SYSTEM AMPLIFIERS

 

 

§301  Purpose and Legislative Intent

§302  Definitions

§303  Administration

§304  Offense and Fine

 

 

PART 4

 

PAYMENT, ESCROW AND USE OF FIRE LOSS CLAIMS

 

 

§401  Legislative Intent, Legal Authority and Background

§402  Definitions

§403  Prohibition on Payment of Claims

§404  Certificate of Amount and Transfer of Insurance Proceeds:  Delinquent Taxes, Assessment, Penalties and/or User Charges

§405  Certificate of Amount and Transfer of Insurance Proceeds:  Municipal Costs for Removal, Repair or Securing Fire Damaged Structures

§406  Additional Procedures and Regulations by Resolution

§407  Violations and Penalties

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PART 1

 

NUMBERING BUILDINGS

 

 

§101. LEGISLATIVE INTENT.

 

The Board of Township Commissioners hereby declares its legislative intention and the purpose of this Part based upon the following background, facts, intention and purpose.  Because of rapid and diverse growth, it is necessary to identify all existing and future buildings within the Township of Hampden by a central numbering system in order to facilitate the direction of public and emergency services to specific geographical locations.  Since health, welfare, safety and life itself may depend upon swift response, it is necessary to have a system of building numbers which are keyed and relate to a central directory.  Therefore, the owners of all buildings now in existence and hereafter constructed in this Township are required to display a building identification number as assigned by Township officials in accordance with specifications which will make said numbers visible and meaningful to the user thereof.

 

(Ord. 93-11, 7/6/1993, §1)

 

 

§102. DEFINITIONS.

 

For the purposes of this Part, the following terms shall have the meaning ascribed thereto, as follows:

 

BUILDING – any structure used or intended to be used as a dwelling or place of business or industry, now in existence or hereafter constructed or erected.

 

BUILDING NUMBER – the identification number assigned to a building in accordance herewith.

 

OWNER – the owner of any building, whether an individual, corporation, partnership or other entity, feminine or masculine, singular or plural.

 

TOWNSHIP – the Township of Hampden.

 

TOWNSHIP MANAGER – the Manager in and for the Township as appointed from time to time by Township’s Board of Township Commissioners.

 

(Ord. 93-11, 7/6/1993, §2)

 


§103. DEVELOPMENT OF IDENTIFICATION SYSTEM.

 

The Township Manager is hereby authorized and directed to develop a numbering system for building identification which shall include a central registry or directory, said system to be approved by the Township’s Board of Township Commissioners.

(Ord. 93-11, 7/6/1993, §3)

 

 

§104. BUILDING IDENTIFICATION MANDATORY; OWNER’S RESPONSIBILITY.

 

Every owner of every building within this Township shall cause the same to be identified by a building number as assigned by the Township Manager pursuant to the system developed under §103 hereinabove.

 

(Ord. 93-11, 7/6/1993, §4)

 

 

§105. NOTICE OF IDENTIFICATION NUMBER TO EXISTING BUILDING OWNERS.

 

The Township Manager shall send to the owner of existing building to which an identifica­tion number has been assigned, notice of said building number, directing that said number be affixed to the building or otherwise established on the land of said building in the manner prescribed in §107 of this Part within 30 calendar days after the mailing of such notice by regular first class United States mail, postage paid, addressed to the owner as determined by the real estate tax assessment records of the County of Cumberland applicable to Township. Said notice shall be in writing and shall contain a copy of this Part.  Any owner who shall fail to comply with said notice within the stated time shall be guilty of a violation of this Part.

 

(Ord. 93-11, 7/6/1993, §5)

 

 

§106. NEW BUILDINGS.

 

Whenever any building shall hereafter be erected within the Township, a building number shall be assigned upon the issuance of a building permit as required under other applicable ordinances and regulations of this Township. The owner shall cause such building number to be displayed as required under §106 hereinabove upon commencement of any building activity, including excavation.  Upon completion of construction, said building number shall be displayed permanently as required under §107 hereinbelow.  The assignment of a building number in the permitting process shall constitute notice to the applicant of the need to comply with this Section and no further notice shall be required to take enforcement action under §109 hereinbelow.

 

(Ord. 93-11, 7/6/1993, §6)

 

 

 

§107. SPECIFICATIONS OF BUILDING NUMBERS AND LOCATIONS.

 

Building numbers assigned as aforesaid shall be affixed permanently or indelibly painted upon or carved upon the appropriate building or upon a permanent standard, base or support between the building and any street, road, lane or highway along or leading to the land occupied by said building.  Each such building number shall be of such size, color and material so as to be clearly visible and readable from the street, road, lane or highway along or leading to the land occupied by said building.  In interpreting the foregoing specifications, the type and location of said building number shall be clearly and readily visible and readable by emergency service personnel responding to any such building by the most direct route.

 

(Ord. 93-11, 7/6/1993, §7)

 

 

§108. MAINTENANCE OF BUILDING NUMBERS.

 

Each owner of a building shall be responsible for the constant maintenance of the building number in a complete and legible form in accordance with the requirements of §107 aforesaid.  Any owner who shall fail to comply with this Section shall be guilty of a violation of this Part.

 

(Ord. 93-11, 7/6/1993, §8)

 

 

§109. ENFORCEMENT.

 

The Township Manager is authorized and directed to enforce this Part.  He shall have the authority and power to delegate such authority to other employees of the Township.

 

(Ord. 93-11, 7/6/1993, §9)

 

 

§110. PENALTIES FOR VIOLATION; DISPOSITION OF FINES.

 

Any owner who or which shall violate any provision of this Part shall, upon conviction thereof, shall be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.  Each day that a violation continues shall constitute a separate offense.

 

(Ord. 93-11, 7/6/1993, §10; as amended by Ord. 98-7, 8/27/1998)

 

 

 

 

 

 

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PART 2

 

ACCESS TO NONRESIDENTIAL BUILDINGS

 

§201.  PURPOSE AND LEGISLATIVE INTENT.

 

The purpose of this Part is to ensure prompt access to nonresidential buildings by police, fire, ambulance and other personnel providing emergency services in order to ensure the preservation of health, safety, life and property of residents, persons and property located in Hampden Township.

 

 

§202.  DUTY TO PROVIDE CONTACT INFORMATION.

 

The owner of any nonresidential building or buildings shall be required to provide to the Township Manager or his designee either a list of contact persons or access to all nonresidential buildings by lock box, in accordance with the terms and conditions of this Part, within thirty (30) days of written notification of the Township Manager or his designee.

 

 

§203.  CONTACT INFORMATION.

 

A.  Content of Contact Information:

 

If the nonresidential building owner elects to provide contact information to the Township Manager the following information shall be provided in writing within thirty (30) days of written notification as provided in Section 202 above:

 

1.  The names of at least two (2) contact persons meeting the criteria set forth

in Section 203.A, below;

 

2.  The home and business (work) addresses of each contact person;

 

3.  The home and business (work) telephone number of each contact person;

 

4.  The cellular telephone number and pager number (if applicable) for each

contact person.

 

B.  Qualification of Contact Persons.

 

Each contact person identified to Hampden Township in accordance with Section 203.A above shall at all times have the following qualifications:

 

1.  Knowledge concerning how to shut off or disable any alarm system for the

nonresidential building and/or property providing access to the building;

 

2.  Knowledge of all security or access codes for the nonresidential building

and/or property providing access to the building;

 

3.  Possession of all keys and card keys and the ability to provide access to

any and all areas of the nonresidential building or buildings;

 

4.  Each contact person must be able to be present at the nonresidential build

ing or buildings within thirty (30) minutes notification that emergency ac

cess is necessary; and

 

5.  Each contact person must have a cellular telephone and be reached at

the cellular telephone number provided as required in Section 203.A,

above.

 

C.  Duty to Provide Current Contact Information.

 

All owners of nonresidential buildings electing to provide contact information as specified in this Part shall provide current and accurate contact information and shall immediately provide the Township Manager or his designee with any change in the information provided pursuant to Section 203.A. 1-4, above.

 

 

§204.  LOCK BOX.

 

A.  Content of Lock Box.

 

If the nonresidential building owner elects to provide a lock box on the premises of the nonresidential building in compliance with this Part, within thirty (30) days of written notification as provided in Section 202 above, access to a lock box by key, card key or code that can only be opened and accessed by the Township Manager or his designee shall be provided the Township Manager, which lock box shall contain the following:

 

1.   Information concerning how to shut off or disable all alarm systems;

 

2.   All security and access codes in anyway applicable to the nonresidential building

and the property on which the building is located;

 

3.  Keys, card keys, access codes or any other device or information necessary to

provide access to:

 

a.   Any locked doors or any ports of entrance or exit, whether on the

interior or exterior of the building or on the property;

 

b.   Mechanical equipment rooms or facilities;

 

c.   Electrical rooms or facilities;

 

d.   Elevators and elevator controls; and

 

e.   Any fenced or secured areas; and

 

4.   Floor plans of the rooms within the building or structure identifying any utility

disconnects or controls, fire alarm panels or controls and the location of any

hazardous materials stored in the structure.

 

 

§205.  ACCESS TO MSDS INFORMATION

 

The owner of any building or structure classified as Group H by the International Building Code (2003 Edition, or any successor classification of Group H or subsequent or successor edition of the Code) or any person, firm, entity or business required to report its hazardous material inventory to the Local Emergency Planning Committee as defined by SARA Title III, must provide ready access to all Material Safety Data Sheets (“MSDS”) for emergency personnel for use in any emergency situation.  Ready access is defined as access to all MSDS in a predetermined non-hazardous location on the property or the use of an external document storage cabinet keyed to or accessible through the lock box provided by the owner of the nonresidential building as described in this Part.

 

 

§206.  PENALTY FOR VIOLATION.

 

Any person who violates any provision of this Part shall upon conviction thereof, pay a fine of not more than $1,000.00 plus all court costs, together with the Township’s reasonable attorney’s fees incurred as a result of such action and in default of payment of said fine and costs, be sentenced to a term of imprisonment not to exceed thirty (30) days.  Each day that a violation of this Part continues shall constitute a separate offence.

 

 

(Ord. 05-12, 10/04/2005)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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PART 3

 

INSTALLATION OF PUBLIC SAFETY RADIO SYSTEM AMPLIFIERS

 

 

§301. PURPOSE AND LEGISLATIVE INTENT.

 

This Part is implemented due to the determination by the Cumberland County Office of Emergency Preparedness that public safety communications in large buildings may be inadequate; therefore, if such inadequacy is not addressed, public safety personnel may be subject to serious hazardous conditions in performing their work.

 

§302.  DEFINITIONS.

 

The definitions set forth in Section I of Ordinance No. 01-04 are incorporated in this Section 302 in their entirety and shall appear in the text of the Code of Ordinances.

 

 

§303.  ADMINISTRATION.

 

The provisions of Section II of Ordinance No. 01-04 are incorporated in this Section 303 in their entirety and shall appear in the text of the Code of Ordinances.

 

§304.  OFFENSE AND FINE.

 

The provisions of Section III of Ordinance No. 01-04 are incorporated in this Section 304 in their entirety and shall appear in the text of the Code of Ordinances.

 

 

(Ord. 05-12, 10/04/2005)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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PART 4

 

PAYMENT, ESCROW AND USE OF FIRE LOSS CLAIMS

 

§401.  Legislative Intent, Legal Authority and Background.

The legislative intent, legal authority and background of this Part are as follows:

A.    The Township of Hampden is a municipal corporation organized and existing under the Pennsylvania First Class Township Code.

B.    As such, it is a municipality as defined in the Act of May 17, 1921, P.L. 682, No. 284, known as the Insurance Company Law of 1921, added July 9, 1992, P.L. 678, No. 98, as amended October 13, 1994, P.L. 609, No. 93, 40 P.S. § 638 (herein the “Act”).

 

C.    The Board of Commissioners intends to ensure the payment of delinquent taxes, assessments, penalties and user charges out of the payment by insurers of fire loss claims involving structures and buildings within Hampden Township.

 

D.    The Board of Commissioners desires to insure the payment of costs incurred by the Township in the removal, repair or securing of buildings or structures damaged by fire out of fire loss claims paid by insurers for structures and buildings within Hampden Township.

 

E.    It is the purpose of this Part to deter the commission of arson and related crimes, to discourage the abandonment of property and to prevent urban blight and deterioration.

F.     The Board of Commissioners has determined that it is in the best interest of its citizens that the economic consequences of fire damage to buildings and structures in the Township not be borne by it, nor be paid out of its financial resources.

 

§402.  Definitions.

 

In the interpretation and construction of this Part, the following definitions shall

control:

 

ASSOCIATION – Individuals, partnerships or associations of individuals, authorized to engage in the business of insurance in the Commonwealth of Pennsylvania as insurers on the Lloyd’s Plan.

 

 

BOARD OF COMMISSIONERS – The duly elected or appointed governing body of the Township of Hampden.

 

BUILDING – Any enclosed or open structure.

 

COMPANY – Incorporated insurance companies and corporations possessing the power to insure owners of real property, mortgages and others interested in real property from loss, whether incorporated under the laws of this Commonwealth or of any other state, territory or district or under the laws of any foreign country.

 

EXCHANGE – Individuals, partnerships and corporations authorized by the laws of the Commonwealth of Pennsylvania to exchange with each other interinsurance or reciprocal insurance contracts.

 

FIRE LOSS CLAIM – Any claim arising out of fire damage to a building or structure situated in the Township of Hampden where the amount recoverable for the fire loss, under all applicable coverages, exceeds $7,500.

 

INSURER – Any person, association, company, exchange, foreign stock company, mutual company or other entity authorized by the Commonwealth of Pennsylvania to provide fire and marine insurance in the Township of Hampden.

 

MUNICIPALITY – The Township of Hampden (Hampden Township).

 

MUNICIPAL OFFICER – The Secretary of Hampden Township.

 

STRUCTURE – Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.  Without limitation of the foregoing, this term shall include concrete sidewalks, concrete slabs, concrete curbs, parking lots and other paved surfaces.

 

§403.  Prohibition on Payment of Claims.

 

No insurer shall pay a fire loss claim, unless the insurer and the named insured comply with the provisions of this Part.

 

§404.  Certificate of Amount and Transfer of Insurance Proceeds:  Delinquent Taxes,   Assessments, Penalties and/or User Charges.

 

A.    No insurer doing business in the Commonwealth of Pennsylvania shall pay a fire loss claim of a named insured unless the insurer and the named insured comply with the provisions of this Part.

 

 

B.    The Municipal Officer shall, upon the written request of the insurer or named insured, specifying the tax description of the property, name and address of the insurer and the date agreed upon by the insurer and the named insured as the date of the receipt of a loss report of the claim, furnish the insurer either of the following within 14 working days of the request:

 

(1)     A certificate, or at the discretion of Hampden Township, a verbal notification which shall be confirmed in writing by the insurer to the effect that, as of the date specified in the request, there are no delinquent taxes, assessments, penalties or user charges against the property.

 

(2)     A certificate and bill showing the amount of delinquent taxes, assessments, penalties and user charges against the property as of the date specified in the request that have not been paid as of the date of the certificate.  A tax, assessment, penalty or user charge becomes delinquent at the time and on the date a lien could otherwise have been filed against the property by Hampden Township under applicable law.

 

C.    Upon the receipt of a certificate pursuant to Subsection B.(1) of this section, the insurer shall pay the claim of the named insured in accordance with the policy terms.

 

D.    Upon the receipt of a certificate and bill pursuant to Subsection B.(2) of this section, the insurer shall return the bill to the Municipal Officer and transfer to the Municipal Officer an amount from the insurance proceeds necessary to pay the taxes, assessments, penalties, charges and costs as shown on the bill, or the full amount of the insurance proceeds whichever is the lesser amount.  The Township of Hampden shall receive the amount and apply or credit it to payment of the items shown in the bill.

 

  1. Nothing in this section shall be construed to limit the ability of Hampden Township to recover any deficiency.

 

F.  The transfer of proceeds to the Municipal Officer shall be on a pro rata basis when a fire loss claim is covered by more than one insurer or more than one policy.

 

§405.  Certificate of Amount and Transfer of Insurance Proceeds: Municipal Costs for Removal, Repair or Securing Fire Damaged Structures.

 

A.    No insurer doing business in the Commonwealth of Pennsylvania shall pay a fire loss claim of a named insured unless the insurer and the named insured comply with the provisions of this Part.

 

 

B.    The Municipal Officer shall, upon the written request of the insurer or named insured specifying the tax description of the property, name and address of the insurer and the date agreed upon by the insurer and the named insured as the date of the receipt of a loss report of the claim, furnish the insurer either of the following within 14 working days of the request:

 

(1)     A certificate, or at the discretion of Hampden Township, a verbal notification which shall be confirmed in writing by the insurer to the effect that, as of the date specified in the request, Hampden Township has not certified any amount as total costs incurred by the Township of Hampden for the removal, repair or securing of a building or other structure on the property.

 

(2)     A certificate and bill showing the amount as of the date specified in the request that, as of the date of the Municipal Officer’s certificate, the amount of the total costs, if any, certified to the Municipal Officer that has been incurred by Hampden Township for the removal, repair or securing of a building or other structure on the property.  For the purposes of this provision, Hampden Township shall provide to the Municipal Officer the total amount, if any, of such costs, if available, or the amount of costs known to the Township at the time of the Municipal Officer’s certificate.

 

C.   After full compliance with the requirements of Section 405.B, above, the insurer shall pay the claim of the named insured, provided however, that if the loss agreed upon by the named insured and the insurer equals or exceeds 60% of the aggregate limits of liability on all applicable fire policies, the following procedures shall be followed:

 

1.        The insurer shall transfer from the insurance proceeds to the Municipal Officer the aggregate of $2,000 for each $15,000 or a claim and for each fraction of that amount of a claim, provided:

 

(a)    This section is to be applied such that if the claim is $15,000 or less, the    amount transferred to Hampden Township shall be $2,000.

 

(b)    That, if at that time of a loss report the named insured has submitted a contractor’s signed estimate of the costs of removing, repairing or securing the building or other structure in an amount less than the amount calculated under the foregoing transfer formula, the insurer shall transfer to Hampden Township from the insurance proceeds the amount based upon the estimate.

 

2.        The transfer of proceeds shall be on a pro rata basis by all insurers and on all applicable policies.  Policy proceeds remaining after the transfer to Hampden Township shall be disbursed in accordance with the policy terms.

 

  1. After the transfer of proceeds to the Municipal Officer pursuant, the named insured may submit a contractor’s signed estimate of the costs of removing, repairing or securing the building or other structure and the Municipal Officer shall return to the named insured the amount of the funds transferred to Hampden Township in excess of the estimate, provided that Hampden Township has not commenced to remove, repair or secure the building or other structure.

 

E.  Upon the receipt of proceeds under this section, Hampden Township shall do the following:

 

1.   The Municipal Officer shall place the proceeds in a separate fund to be used solely as security against the total costs which are incurred by Hampden Township for removing, repairing or securing the building or structure.  Such costs shall include, without limitation, any engineering, legal or administrative costs incurred by Hampden Township in connection with such removal, repair or security of the building or any proceedings related thereto.

 

2.   At the time of transfer of such proceeds, the insurer shall provide Hampden Township with the name and address of the named insured.  Upon receipt of the transferred funds and the name and the address of the named insured, the Municipal Officer shall contact the named insured, certify that the proceeds have been received by Hampden Township and notify the named insured that the procedures under this section shall be followed.

 

3.   When repairs, removal or securing of the building or other structure have been completed in accordance with all applicable regulations and orders of Hampden Township and the required proof of such completion received by the Municipal Officer and if Hampden Township has not incurred any costs for repairs, removal or securing, the fund shall be returned to the named insured.  If Hampden Township has incurred costs for repairs, removal or securing of the building or other structure, the costs shall be paid from the fund and if excess funds remain, Hampden Township shall transfer the remaining funds to the named insured.

 

4.   To the extent that interest is earned on proceeds held by Hampden Township pursuant to this section, and retained by it, such interest shall belong to Hampden Township.  To the extent that proceeds are returned to the named insured, interest earned or such proceeds shall be distributed to the named insured at the time that the proceeds are returned.

 

 

F.  Nothing in this Part shall be construed to limit the ability of Hampden Township to recover any deficiency.  Furthermore, nothing in this Part shall be construed to prohibit Hampden Township and the named insured from entering into an agreement that permits the transfer of funds to the named insured if some reasonable disposition of the damaged property has been negotiated.

 

§406.  Additional Procedures and Regulations by Resolution.

 

The Board of Commissioners may, by resolution, adopt additional procedures and regulations to implement this Part and may, by resolution, fix reasonable fees to be charged for Municipal activities or services provided pursuant to this Part including, but not limited to, issuance of certificates and bills, performance of inspections and opening separate fund accounts.

 

§407.  Violations and Penalties.

 

Any person who shall violate any provisions of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than 30 days.

 

(Ord. 07-07, 04/26/2007)

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