Tenant Registration

BOROUGH OF MOUNT POCONO ORDINANCE NO.6 OF 2006

HOUSING

PART 1

TENANT REGISTRATION REPORTS

§101. Reporting of New Occupancy §102. Change §103. Compliance §104. Penalties

§105. Registration Form

PART 2

OCCUPANCY LIMITATIONS

§201.Scope §202. Responsibility §203. Intent §204. Definitions

§205. Occupancy Limitations

PART 3

ENFORCEMENT

301.Enforcement

PART 1

TENANT REGISTRATION REPORTS

§lOl. REPORTING OF OCCUPANCY.

Registration of residential tenants required upon occupancy. Any person, firm or corporation owning or managing property located in the Borough of Mount Pocono upon leasing or renting such property shall furnish to the Borough Zoning Officer or his Assistant the name, address and social security number of the tenant or tenants within ten (10) days from the date execution of the lease or in the event no written lease is executed, then within ten (10) days from the date of occupancy of the said property by the tenant or tenants. An administrative fee will be charged according to the fee schedule for any initial renters or any change of occupancy.

Annual registration of residential tenants required. Commence on or before June 151 and annually thereafter any person, firm or corporation owning or managing property within Borough of Mount Pocono which property at the present time is rented, leased, sub-leased, or otherwise occupied for a period of greater than fourteen (14) days a year shall furnish to the Borough the name, occupation, social security number and place of employment of the tenants residing there. Such report shall be on a form as prescribed by the Borough of

Mount Pocono.

§l02. REPORTING OF DEPARTURE

Within fourteen (14) days of any occupant departs any premises subject to this Ordinance. The owner shall report such departure to the Borough in writing, including the name of any departing tenant, and the new address of such departing tenant, if known.

§l03. CHANGE.

At any change of a dwelling, unit occupancy, the requirements of Part 2, “Occupancy Limitations,” of this Chapter and Chapter 7 of the 2003 International Property Maintenance Code shall be adhered to.

§104. COMPLIANCE.

Verification of compliance with this Section shall be the responsibility of the Borough Zoning Officer or a designated Borough employee or representative

§l05. PENALTIES.

Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

§106. REGISTRATION FORM.

Click here to view and print Tenant Registration Form:
 

PART 2
OCCUPANCY LIMITATIONS

§201. SCOPE.

The provisions of this Part shall apply to all existing residential, conversions of nonresidential structures to residential dwellings, all existing premises and shall constitute the minimum requirements and standards for said premises for the occupancy, life safety, safety from fire and other hazards.

§202. RESPONSIBILITY.

The owner of the structure shall provide and maintain occupancy space conditions in compliance with the requirements of this Part. 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 Part.

§203. 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.

§204. DEFINITIONS.

For the purpose of this Part, certain terms, phrases and words are defined as follows:

A. Tense, Gender and Number. Words used in the present tense include the future; words in the masculine gender include the feminine and the neuter; the singular number includes the plural and the plural singular.

B. General Terms. The words “shall/” “will” or “must” are always mandatory; the words “should” or “may” are permissive. The words “used for” includes “designed for/” “arranged for/” “intended for/””maintained for” or “occupied for.” The word “building” includes “structure” and shall be construed as if followed by the phrase “or part thereof.” The word “person” includes “individual/” “profit or nonprofit organization/” “partnership/” “company/” “incorporated association” or other similar entities.

C. Terms, Phrases and Words Not Defined. When terms, phrases or words are not defined, they shall have their ordinarily accepted meaning or such as the context may imply.

D. Specific Terms. Terms or words used herein, unless otherwise expressly stated, shall have the following meanings:

APPROVED -approved by the Zoning Officer or a designated Borough representative. BASEMENT -that portion of a building which is partly or completely below grade. BATHROOM -a room containing plumbing fixtures including a bathtub or shower. BEDROOM -any room or space used or intended to be used for sleeping purposes.

CODE OFFICIAL -the official who is charged with the administration and enforcement of this Code, or any duly authorized representative.

CONDEMN -to adjudge unfit for occupancy.

DWELLING UNIT -a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Please refer to Chapter 4 of the 2003 International Property Maintenance Code.

HABIT ABLE 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.

LET FOR OCCUPANCY OR LET -to permit, provide or offer possession or occupancy of a dwelling, dwelling unit, roomirig 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.

OCCUPANCY -the purpose for which a building or portion thereof is utilized or occupied.

OCCUPANT -any individual living or sleeping in a building, or having possession of a space within a building.

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 Borough 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 unit.

PREMISES -a lot, plot or parcel of land including any structures thereon.

ROOMING HOUSE -a building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one-or two-family dwelling.

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.

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 shower.

YARD -an open space on the same lot with a structure.

§205. OCCUPANCY LIMITATIONS.
1.Privacy. Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be separate from adjoining spaces.
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. Please refer to Section 404 of the International Property Maintenance Code.

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 feet.

A. Exceptions.

(1) In one-and two-family dwellings, beams or girders spaced not less than 4 feet on center and projecting nor 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.

4. Bedroom Requirements. Every bedroom shall comply with the requirements of subsections (A) though
(E) hereof.

A. Area for Sleeping Purposes. Every bedroom occupied by one person shall contain 70 square feet of floor area and any bedroom occupied by more than one person shall contain at least 50 square feet of floor area for each occupant thereof.

B. Access From Bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable space and shall not serve as the only means of egress from other habitable spaces.

(1) Exception: Units that contain fewer than two bedrooms.

C. 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 story.

D. Prohibited Occupancy. Kitchens and non-habitable spaces shall not be used for sleeping purposes.

E. Other Requirements. Bedrooms shall comply with the applicable provisions of this Code including, but not limited to, room area, ceiling height and room width requirements of this Part and the smoke alarm requirements of Chapter 7 of the 2003 International Property
Maintenance Code.

5. Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of the following Table 404.5.

TABLE 404.5 MINIMUM AREA REQUIREMENT

[table id=2 /]

a, See §404.5,2 for combined living room/ dining room spaces.

b, See §405.1 for limitation on determining the minimum occupancy area for sleeping purposes.

A. Sleeping Area. The minimum occupancy area required in Table 404.5.1 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping area shall comply with subsection (4) hereof.

B. Combined Spaces. Combined living room and dining room spaces shall comply with the requirements of Table 404.5.2 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.

6. Efficiency Unit. Nothing in this Section shall prohibit an efficiency living unit from meeting the following requirements.

A. A unit occupied by not more than two occupants shall have 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 arrears required by (B) and (C) below.

B. The unit shall be provided with a kitchen sink, cooking appliances and refrigeration facilities, each having a clear working space of not less than 30 inches in front.

C. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.

D. The maximum number of occupants shall be three.

7. Food Preparation. All spaces to be occupied for food preparation shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for sanitary disposal of food waste and refuse, including facilities for temporary storage.
8. Smoke Alarms. Existing residential occupancies not already provided with single-station smoke alarms shall be provided with approved single-station smoke alarms and carbon monoxide detectors as required in Chapter 7 of the 2003 International Property Maintenance Code, Section 704.1-704.4.
9. Penalties. Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.
10. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance shall be declared invalid by a court of competent jurisdiction, such decision shall not effect the remaining portions of this Ordinance which shall remain in full force and effect and to this end the provisions of this Ordinance which shall remain in full force and effect and to this end the provisions of this Ordinance are hereby declared to be severable.
11. Conflict. All Ordinances, or parts of Ordinances, conflicting with any provisions of this Ordinance are hereby repealed insofar as same affects this Ordinance.

12. Occupancy Permits Required. Prior to occupancy by any tenant of any improved property as defined in this Ordinance, the owner shall obtain a rental occupancy permit from the Borough of Mount Pocono. The Borough of Mount Pocono may require an inspection of the property prior to issuing such permit.

PART 3

ENFORCEMENT

§301. ENFORCEMENT.

This Ordinance may be enforced by an Code Enforcement Officer, Zoning Officer, or other designee of the Borough of Mount Pocono who may prosecute all offenses hereunder.

EFFECTIVE DATE

This Ordinance shall become effective immediately upon adoption.

ADOPTION

ORDINANCE ORDAINED AND ENACTED this 4th day of December. 2006, by the Borough Council of the Borough of Mount Pocono, Monroe County, Pennsylvania, to be effective immediately.

BOROUGH OF MOUNT POCONO

By: _/S_/ _____________________________

John P. Finnerty, Council President

ATTEST:

By: _/S_/ _____________________________

Lori Yocum, Borough Secretary

APPROVED this ~day of December. 2006

By: /_S_/ _____________________________

Nancy Golowich. Mayor