title
An Ordinance to provide for the safe placement of heating and water heating devices in newly constructed residences.
body
WHEREAS, in many homes, the heating and water heating systems are the most vulnerable to flood damage, insofar as these devices are typically located in basements, often below ground level; and
WHEREAS, the increase in frequency and severity of flooding events in the County has occasioned significant losses of heating and water heating systems by the County's residents; and
WHEREAS, the use of water damaged heating or water heating systems presents a danger to life and property, while repeated replacement of these systems by the County's residents has created a significant financial burden for the County and its taxpayers;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1.
The Allegheny County Code of Ordinances, Division 8, entitled "Health Department Regulations," Chapter 835, entitled "Houses and Rooming Houses," sections 629 and 631 are hereby amended as follows:
629. UTILITIES AND FIXTURES: HEATING.
A. Every dwelling occupied during the heating season shall have heating facilities which are properly installed, maintained in a safe and good working condition, and capable of safely and adequately heating all habitable rooms, rooms containing a toilet, bathtub or shower, communicating corridors within dwelling units, and community corridors within rooming houses from rooming units to rooms containing a toilet, bathtub or shower.
B. A temperature of at least sixty-eight (68) degrees Fahrenheit shall be provided in all dwelling units regardless of thermostat location when the outside temperature is ten (10) degrees Fahrenheit or above during the heating seasons.
C. At no time shall the temperature in the areas specified in Section 629A be less than sixty-one (61) degrees Fahrenheit when the outside temperature is below ten (10) degrees Fahrenheit.
D. Responsibility for compliance with this Section shall be upon the owner or operator of any dwelling, dwelling unit, light housekeeping unit or rooming unit, except where the occupant of a dwelling unit agrees in writing to furnish the required heating devices. If an occupant has agreed to provide heating devices, the owner or operator shall provide sufficient flue connections, fuel connections and fuel storage facilities at convenient points so as to permit the proper installation of such heating devices.
E. The Director may prohibit the use of any heating device which the Director has determined to be a danger to health or safety.
F. For the purposes of this Section, all temperatures shall be measured at a distance of at least three (3) feet above the floor level and no closer than two (2) feet from an outside wall.
G. For any dwelling for which a building permit is issued after the effective date of this subsection, no central heating system that is permanently affixed in a single location in the dwelling, regardless of the fuel used therein, shall be located below ground level at the dwelling in which it is placed. For the purposes of this subsection, a central heating system shall not be deemed to include ductwork, forced air registers, plumbing, radiators or space heaters that are not permanently affixed within the dwelling.
631. UTILITIES AND FIXTURES: WATER HEATING FACILITIES.
Every dwelling shall have water heating facilities which are properly installed, maintained in safe and good working condition, and properly connected with the water supply system required in Section 630. Hot water shall be provided at a temperature of not less than one hundred and ten (110) degrees Fahrenheit measured at the tap. Hot water shall be provided in an adequate amount at every required kitchen sink, lavatory basin, bathtub or shower as provided in Section 615B. For any dwelling for which a building permit is issued after the effective date of this subsection, no water heater that is permanently affixed in a single location in the dwelling, regardless of the fuel used therein, shall be located below ground level at the dwelling in which it is placed
SECTION 2. Effective Date.
This Ordinance shall take effect immediately upon final approval.
SECTION 4 .
If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.