SUBCODE "PM" (THE PHILADELPHIA PROPERTY MAINTENANCE CODE)
SECTION PM-202.0 GENERAL DEFINITIONS
Approved: Approved by the code official or other authority
having jurisdiction.
Basement: That portion of a structure which
is partly or completely below grade.
Bathroom: A room containing
plumbing fixtures including a bathtub or shower.
Blighting
influence:[46.1] A vacant
building that lacks windows with frames and glazing and/or lacks one or more
doors in entryways of the building if:
1. the building is located on a
block face where 80% or more buildings on the block face are occupied;
or
2. the Department has provided 20 days notice to the owner of the
property that the Commissioner of Licenses and Inspections has determined, in
consultation with other City officials as appropriate, that the lack of windows
and/or entry doors has a significant adverse influence on the community based on
the following factors:
a. deterioration and/or safety of the
property;
b. safety of the surrounding community;
c. the
value of intact, occupied properties in the surrounding vicinity of the
property;
d. marketability of the property; and
e. community
morale.
Building: Any structure occupied or intended for
supporting or sheltering any occupancy.
Code official: The
Commissioner of the Department, or his or her duly authorized representative
charged with the administration and enforcement of this
code.
Condominiums: Real estate, portions of which are designated
for separate ownership and the remainder of which is designated for common
ownership solely by the owners of those portions, as defined in the Uniform
Condominium Act; 68 Pa. C.S.A. §§ 3101 et seq., or real properly as
defined by the Unit Property Act, Act of July 3, 1963, P.L. 196, 68 P.S. 700.101
et seq., whichever is applicable.
Condominium Council: A "unit owners’ association" as defined
by the Uniform Condominium Act, 68 Pa. C.S.A. §§ 3101 et seq. or a
board of natural individuals as required and defined by the Unit Property Act,
Act of July 3, 1963, P.L. 196, 68 P.S. § 700.101 et seq., whichever is
applicable.
Department: The Department of Licenses and Inspections or a duly
authorized representative.
Dwellings:
Dormitory:
A space in a building where group sleeping accommodations are provided in
one room, or in a series of closely associated rooms, for persons not members of
the same family group.
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,
including such units contained within residential
condominiums.
Hotel: Any building containing six or more
guestrooms, intended or designed to be occupied, or which are rented or hired
out to be occupied for sleeping purposes by guests.
Multiple-family
dwelling: A building containing more than two dwelling
units.
One-family dwelling: A building containing one dwelling
unit with not more than five lodgers or boarders in addition to the primary
family.
Rooming house: A building containing rooming units
arranged or occupied for lodging, with or without meals, and not occupied as a
one-family dwelling or a two-family dwelling.
Rooming unit: Any
room or group of rooms which together form a single habitable unit occupied or
intended to be occupied by an individual or family for sleeping or living, but
not for cooking purposes.
Two-family dwelling: A building
containing two dwelling units with not more than five lodgers or boarders in
addition to each primary family.
Exterior property: The open
space on the premises and on adjoining property under the control of owners or
operators of such premises.
Extermination: The control and elimination of insects, rodents,
vermin, or other pests by eliminating their harborage places; by removing or
making inaccessible materials that serve as their food; by poison spraying,
fumigating, trapping or by any other approved pest elimination
method.
Family: An individual or two or more persons related by
blood, marriage or adoption; or a group of three or less unrelated persons,
living together as a single housekeeping unit.
Garbage: The
animal and vegetable waste resulting from the handling, preparation, cooking and
consumption of food.
Habitable space: Space in a structure for
living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets,
halls, vestibules, foyers, stairways, laundries, basement recreation rooms,
storage or utility spaces, and similar areas are not considered habitable
spaces.
Infestation: The presence of insects, rodents, vermin or
other pests, within or contiguous to, a structure or
premises.
Occupancy: The purpose for which a building or portion
thereof is used or occupied.
Openable area: That part of a window
or door which is available for unobstructed ventilation and which opens directly
to the outdoors.
Operator: Any person who has charge, care,
management, or control of a structure or premises which is offered for
occupancy. No person who owns a dwelling unit in a condominium shall by virtue
of that ownership, and/or by virtue of rights and obligations or the exercise
thereof in regard to the Condominium Council, be considered an operator of that
condominium within the meaning of this code. However, in the case of a
condominium, the Condominium Council shall be considered the owner/operator of
the condominium and the common elements thereof. The developer or instrument
established prior to the establishment of the Condominium Council shall be
considered the owner/operator of the condominium until such time as the
Condominium Council shall take possession.
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 Commonwealth of Pennsylvania or City and County of Philadelphia 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. No person who owns a dwelling unit in a condominium shall
by virtue of that ownership and/or by virtue of his rights and obligations, or
the exercise thereof in the Condominium Council shall be considered an owner of
the Condominium within the meaning of this section. However, in the case of a
condominium, the Condominium Council shall be considered the owner/operator of
the condominium and the common elements thereof. The developer or instrument
established prior to the establishment of the Condominium Council shall be
considered the owner/operator of the condominium until such time as the
Condominium Council shall take possession.
Person: An individual,
corporation, firm, partnership, association, organization, or any other group
acting as a unit.
Plumbing: The materials and fixtures utilized
in the installation, maintenance, extension and alteration of all piping,
fixtures, appliances, vents, drains and appurtenances together with all
connections to water and sewer lines within the scope of the plumbing
code.
Plumbing fixture: A receptacle or device which is connected
to the water distribution system of the premises; or discharges waste water,
liquid-borne waste materials, or sewage either directly or indirectly to the
drainage system of the premises, or both.
Premises: A lot, plot
or parcel of land including any structures thereon.
Rubbish: Combustible and noncombustible waste materials, except
garbage; the term shall include the residue from the burning of wood, coal, coke
and other combustible materials, paper, rags, cartons, boxes, wood, excelsior,
rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral
matter, glass, crockery, dust and similar materials.
Structure:
That which is built or constructed.
Toilet room: A room
containing one or more water closets or urinals but not a bathtub or
shower.
Unsafe: Includes the
following:
[47] 1. The
physical condition or occupancy of any premises regarded as a public nuisance at
common law; or
2. Any physical condition or occupancy of any premises or
its appurtenances considered an attractive nuisance to children, including, but
not limited to, abandoned wells, shafts, basements and excavations;
or
3. Any premises that has unsanitary sewerage or plumbing facilities;
or
4. Any premises that is manifestly capable of being a fire hazard, or
is manifestly unsecure so as to endanger life, limb or property;
or
5. Any premises from which the plumbing, heating or facilities
required by this code have been removed, or from which utilities have been
disconnected, destroyed, removed or rendered ineffective, or the required
precautions against trespassers have not been provided; or
6. Any
premises that is unsanitary, or that is littered with rubbish, garbage, raw
sewage or contains infestation due to the presence of insects, rodents, vermin
or other pests; or
7. Any structure that is in a state of dilapidation,
deterioration or decay; faulty construction; vacant or abandoned and open to
public trespass; damaged by fire to the extent so as not to provide shelter; or
otherwise hazardous to anyone on or near the premises; or
8. Any
premises certified by the Police Department or the District Attorney’s
Office as the location of drug sales or use.
Ventilation: The natural or mechanical process of supplying
conditioned or unconditioned air to, or removing such air from, any
space.
Workmanlike: Executed in a skilled manner; e.g., generally
plumb, level, square, in line, undamaged, and without marring adjacent
work.
Yard: All open space on the same lot with a
structure.