MILLCREEK ADOPTS AND IMPLEMENTS
PROPERTY MAINTENANCE AND FIRE CODES
Millcreek’s Supervisors on December 17, 2013 approved ordinances which adopted the 2012 edition of the International Property Maintenance Code and the 2009 edition of the International Fire Code as Township codes.
Millcreek’s codes reflect certain amendments to the International Codes, which are published by the International Code Council and adopted by many states and municipalities. In part, Millcreek amended the process of administering and enforcing the codes so as to comply with governing law and existing process. Millcreek’s Property Maintenance Code substituted existing Township regulations on certain matters (including numbering of buildings, handling of municipal waste and recyclable materials, swimming pools and vehicles) for those in the International Code.
Millcreek’s new Fire Code was adopted by Ordinance No. 2013-13, which noted amendments to the 2009 International Fire Code. Millcreek’s new Property Maintenance Code was adopted by Ordinance No. 2013-14, which also noted amendments to the International Code and provided for publication of a stand-alone Township code. Both of these ordinances and the new Property Maintenance Code as adopted are accessible through this web site.
Both codes become effective as of January 1, 2014. After a public process seeking proposals, the Supervisors also awarded a contract to Building Inspection Underwriters of Pennsylvania, Inc. (“BIU”) to administer and enforce the new codes.
Fire Code
The International Fire Code has been among those codes adopted as part of Pennsylvania’s Construction Code, which governs new construction. Currently, the 2009 edition of the International Fire Code has been adopted as part of the State’s Construction Code. For the sake of consistency, the Supervisors adopted the 2009 edition of the Code. Ordinance 2013-13 makes clear that Millcreek’s adoption of the Fire Code is not intended to apply to regulation of new construction which is done under Millcreek Ordinance 2004-9. The Fire Code was adopted to ensure that current standards are in place for existing buildings. Ordinance 2013-13 is accessible through the main page of the Ordinances section.
Millcreek’s contract with BIU provides generally for three types of services involving the Fire Code. As fire code official, BIU will inspect existing non-residential structures for compliance with fire safety regulations set forth in Chapter 7 of the Property Maintenance Code and/or in the Fire Code as adopted. Upon request, the fire code official will provide inspections and input in two circumstances, both upon request of an owner or occupant:
· Conduct fire safety inspections of existing single-family dwellings, with findings
then being provided to the owner and the Township; and
· Conduct fire safety inspections of existing non-residential buildings as to specific
conditions or processes that do not involve inspection of an entire facility, with
findings then being provided to the owner and the Township.
Property Maintenance Code
*** 2013 Property Maintenance Codes Book CLICK HERE
The Property Maintenance Code addresses minimum standards for interior and exterior maintenance of existing buildings and structures. The Supervisors adopted a Property Maintenance Code largely to protect against deterioration of the condition of buildings throughout the Township by focusing on fundamental standards before conditions deteriorate to the point where an owner will not correct violations. Ordinance 2013-14 is accessible through the main page of the Ordinances section. You can access the entire Property Maintenance Code as adopted in this section.
Initially, BIU will focus its work in two distinct areas, using a similar standard in its inspections. Each year, it will survey areas of the Township assigned by Millcreek to identify any buildings or structures which fail to meet established minimum standards of fundamental safety and stability. BIU will also receive and review complaints received as to conditions of a particular property. Where violations are found to exist, BIU will cite the owner or other responsible party. If violations are not corrected promptly, BIU as code official will bring actions to enforce the code and impose fines for violation.
In general surveys of properties and in responding to complaints, BIU has been instructed by the Township to follow the same standards in determining whether a violation occurs. These standards do not include every technical requirement in the adopted Code, because in both of these cases, the Township’s concern is with identifying and resolving serious defective conditions. The initial standard being followed by BIU is to focus generally on matters relating directly to -
Unsafe conditions [such as Sections 304.4, 305.1 of the Code]
Dilapidated or deteriorated property conditions
Exterior areas uncovered and exposed to the elements [see Sections 304.2, 304.7]
Sanitation [Section 302.1]
Weeds, grass and vegetation in excess of 8" height or otherwise violating Section 302.4
Motor vehicles violating Township standards in Section 302.8
Swimming pool standards [set forth in Sections 302.1, 303.2]
Premises identification [Section 304.3]
Insect screens [Section 304.14]
Rubbish and garbage standards [see Section 308]
Generally, BIU will provide an owner with written notice where a violation has been found, and the owner will be given an opportunity to rectify the violation with a date being set for a second inspection. Services to this point are within the Township’s contract with BIU. The Township likely will establish a schedule of fees for any additional work required by an owner’s failure to take action by the second inspection, etc.
Additional Inspection Programs
Millcreek anticipates establishing programs of regular inspection of residential rental properties and commercial properties, which would become effective as early as 2015. Largely for this reason, the Township will not process tenants’ complaints until the rental inspection program is established and can treat similarly used properties in a consistent way.
Don’t Let the Flu bug you this flu season
Get out and get vaccinated by The Erie Center on Health and aging. There is no upfront cost to you, just present your primary health insurance. ECHA has been vaccinating our community for over 26 years, so protect yourself and those you love.
Contact: www.dontlettheflubugyou.com for more information and to find a flu site convenient for you.
Help Needed!
Millcreek Township is displaying 8x10 photos of all past Supervisors. We are in need of several photos. If you can provide a photograph of one or more of the supervisors on our list, please let us know. You can drop off the photograph at the Millcreek Township Administrative Offices at 3608 West 26th Street or you can e-mail the photograph to Rick Figaski at rfigaski@millcreektownship.com.
Supervisor Photographs
| Supervisor Name |
Service Years |
Received |
| J. P. Zaun |
1906-1909 |
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| H. H. Russell |
1906-1910 |
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| L. W. Wolf |
1906-1915 |
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| F. A. Wagner |
1910-1917 |
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| S. J. Appleman |
1917-1923 |
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| E. R. Rinderle |
1919-1921 |
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| F. C. Zaun |
1921-1927 |
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| Leo J. Rinderle |
1922-1927 |
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| J. W. Wynkoop |
1923-1929 |
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| S. A. Struchen |
1927-1939 |
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| George E. Williams |
1942-1958 |
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| Oliver Carson |
1944-1947 |
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NEW STATE LAW REQUIRES REGISTRATION OF HOME IMPROVEMENT CONTRACTORS
(This is a summary of the new law, click here for complete law [pdf file])
Effective July 1, 2009 , the Home Improvement Consumer Protection Act (Act No. 132 of 2008) imposes registration requirements on all contractors who perform home improvements for which the total cash value is $5,000 or more per year and enables consumers to learn whether a contractor is properly registered.
Contractors who must register
Subject to 2 exceptions, all persons who own and operate a home improvement business or who performs, offers to perform or agrees to perform any home improvement (including persons who contract with a home improvement retailer) must register with the office of the Pennsylvania Attorney General. The term “contractor” does not include persons who perform home improvements having a cash value of less than $5,000 during the previous taxable year and home improvement retailers that have a net worth of more than $50 million or employees of that retailer who do not perform home improvements.
The Act
The text of the home Improvement Consumer Protection Act is available through the link below and also on the Pennsylvania Attorney General’s web site (www.attorneygeneral.gov).
The Commonwealth, not municipalities, will be responsible for the registration of home improvement contractors. Section 7 of the Act discusses home improvement contracts. Among other things, that section states that a home improvement contract is not valid or enforceable against an owner unless it:
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is legible, in writing and contains the contractor’s registration number;
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is signed by the owner or owner’s agent and the contractor or a person acting for the contractor;
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contains the entire agreement, including attached copies of required notices;
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includes the date of the transaction;
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includes the name, address (not a P.O. Box alone) and telephone number of the contractor;
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contains the approximate starting date and completion date;
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includes a description of the work to be done, materials to be used and a set of specifications that
cannot be changed without a written “change order” signed by the owner and the contractor;
materials, with these amounts listed separately;
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includes the names, addresses and telephone numbers of all subcontractors on the project known at the date of signing the contract (a post office box number alone is not considered an address);
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agrees to maintain liability and property damage insurance coverage as specified in the Act;
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includes the Bureau of Consumer Protection’s toll-free telephone number; and
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includes a notice of the owner’s right to rescind the contract within 3 business days.
Contractor Registration
The Act establishes requirements and procedures governing registration by contractors. The Attorney General’s office allows and encourages contractors to register via its internet web site.
Home Improvement Fraud
Section 8 of the Act defines the offense of home improvement fraud, establishes penalties for violation and enforcement procedures. The County’s District Attorney and the Pennsylvania Attorney General will have jurisdiction to bring actions for violation.
Consumer Rights
The Act provides certain rights intended to protect consumers. It also ensures that consumers can determine whether a contractor is registered as the law requires through the Attorney General’s web site - www.attorneygeneral.gov.
Township Comment:
This information is provided to assist consumers and home improvement contractors in learning about the new law. Municipalities do not have authority to enforce this new law. You should review the law for its specific provisions and consult the Attorney General’s Bureau of Consumer Protection for additional information.
NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
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DATE
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January 27, 2014
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GRANTEE NAME
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Millcreek Township
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ADDRESS
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C/o Erie County Department of Planning, Room 111
Erie County Courthouse
140 West 6th Street
Erie, PA 16501
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TELEPHONE
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(814) 451-6016
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E-Mail
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jberdis@eriecountygov.org
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TO ALL INTERESTED AGENCIES, GROUPS AND PERSONS:
On or about February 18, 2014, the County of Erie on behalf of Millcreek Township will submit a request to the U.S. Department of Housing and Urban Development (Pittsburgh Office) for the release of Community Development Block Grant (CDBG) funds under Title I of the Housing and Community Development Act of 1974, as amended, to undertake the following project:
Millcreek Township Sidewalk Accessibility Project- Phase II
Project Number: (B-13-MC-42-0107)
Millcreek Township will utilize FY 2013 CDBG funds approximating $180,000 to construct approximately one hundred twenty (120) handicapped accessible curb-cut ramps throughout Township. The location is community-wide. Title II of the Americans with Disabilities Act (ADA) requires state and local governments to make pedestrian crossings accessible to people with disabilities by providing curb ramps. Without these ramps sidewalk travel and street crossing can be difficult, dangerous and in some cases impossible for people who use wheelchairs, scooters, and other mobility aids. These ramps will improve pedestrian flow in all areas of the Township, particularly in the residential neighborhoods and school areas. No ramps will be constructed in floodplains utilizing CDBG monies.
The project is categorically excluded under HUD regulations at 24CFR Part 58 from National Environmental Policy Act (NEPA) requirements. It has been determined that the project will have no adverse impact on the environment. An Environmental Review Record (ERR) which documents the environmental determination is on file and available for review at the Erie County Department of Planning, weekdays from 8:00 A.M. to 4:30 P.M.
PUBLIC COMMENTS
Any individual, group, or agency may provide written and/or oral comments on the ERR to the Erie County Department of Planning at the above listed address and phone number. All comments received by February 17, 2014 will be considered by the ECDP prior to authorizing the submission of a Request for Release of Funds.
RELEASE OF FUNDS
Millcreek Township certifies to HUD that Brian McGrath, in his capacity as Chairman of the Board of Supervisors, consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows Millcreek Township to use CDBG Program funds as stated above.
OBJECTIONS TO RELEASE OF FUNDS
HUD will consider objections to its release of funds and Millcreek Township’s certification for a period of eighteen days following the anticipated submission date or its actual receipt of the request (whichever is later) only if they are on one of the following bases:
v The certification was not, in fact, executed by the Certifying Officer or other officer of Millcreek Township approved by the HUD; or
v The Township omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58;
v The Township committed funds or incurred cost not authorized by 24 CFR Part 58 before approval of a release of funds by HUD; or
v Another federal agency acting pursuant to 40 CFR Part 1504 submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality.
Objections must be prepared and submitted in accordance with required procedures (24 CFR Part 58), and may be addressed to the U.S. Department of Housing and Community Development, Moorehead Federal Building, 1000 Liberty Avenue, Suite 1000, Pittsburg, PA 15222-4004.
Brian McGrath, Chairman
Millcreek Township Supervisors
NOTICE OF PROPOSAL
TO AMEND MILLCREEK TOWNSHIP’S FY 2013 CDBG PROGRAM
Notice is hereby given that Millcreek Township proposes to amend its FY 2013 Community Development Block Grant (CDBG) program as follows:
1) Delete the Affordable Housing Planning Project for which $10,095 was to be used by HANDS to undertake a study of the potential need for two (2) affordable supportive housing developments in Millcreek Township- one for senior citizens and the other for special needs populations. HANDS made the request in order to consider a way to reduce the scope of the originally proposed project to better fit funding availability. HANDS intends to seek funding in the future for the project effort.
2) Increase the amount of FY 2013 funds for the Sidewalk Accessibility Project –Phase II by $10,095- from $171,387 to $181,482. The project will provide for the construction of approximately 120 handicapped accessible curb-cut ramps at various locations throughout the Township.
Those wishing to comment on this proposed amendment may do so by contacting the Erie County Department of Planning by telephone at 451-6016 between 8:00 AM and 4:30 PM, Monday through Friday or by writing to the following address: Erie County Department of Planning, Room 111, Erie County Court House, 140 West 6th Street, Erie, Pa 16501. The Comment Period is from January 15 to February 17, 2014.
The Millcreek Township Board of Supervisors will consider authorization of the amendment at its regularly scheduled meeting to take place at the Township Municipal Building on Tuesday, February 18, 2014. If so authorized, the necessary documentation will be submitted to the U.S. Department of HUD -Pittsburgh Office for approval.
Millcreek Township Supervisors
NOTICE OF FIRST PUBLIC HEARING
MILLCREEK TOWNSHIP
FY 2014 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Millcreek Township intends to apply for its annual allocation of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development – Pittsburgh Office, in May 2014. The Township is “entitled” to apply for and receive the grant monies under the provisions of Title I of the Housing and Community Development Act of 1974, as amended. It is anticipated the allocation will be $200,000 to $225,000.
A public hearing to discuss the Township’s CDBG program, potential projects, and previously funded activities is scheduled for Thursday, December 12, 2013 at 10:00 AM in the Assembly Room of the Millcreek Township municipal building located at 3608 West 26th Street, Erie, PA 16506. The facility is handicapped accessible.
CDBG funds can be used to undertake a wide range of activities, including, but not limited to: water, sanitary sewer and storm sewer construction; street reconstruction; curb and sidewalk replacement; recreation/park improvements; handicapped accessibility improvements; single family/rental housing rehabilitation; first-time homebuyer assistance; fair housing activities; public services; and administration/planning. It is noted that Millcreek Township would be responsible for replacing all low and moderate income housing units that may be demolished or converted as a result of a CDBG funded activity. The Township does not anticipate the demolition or conversion of any housing units.
Eligible activities must meet one of three National Objectives: 1) benefit low-to-moderate income persons, 2) aid in the prevention or elimination of slums and blight; or 3) meet a need having a particular urgency. It is particularly noted that the Primary Objective of the CDBG program is to benefit low-to-moderate income persons and at least 70% of the funds must be allocated for this purpose.
Interested persons are encouraged to attend the hearing. Those who are unable to attend but would like to comment, may do so by contacting the Erie County Department of Planning (ECDP), Erie County Courthouse- Room 111, 140 West 6th Street, Erie, PA 16501 / Phone: (814) 451-6016 / Fax: (814) 451-7000 /e-mail: jberdis@eriecountygov.org. Comments will be accepted until the time and day of the hearing.
Any person with a disability requiring special accommodations to attend the hearing should contact County Planning. The ECDP and Millcreek Township will make every effort to provide reasonable accommodations. The County TDD number is (814) 451-6237.
Millcreek Township Supervisors
Note: To appear in Erie Times on 11/27/13.
Community Development Block Grant Program Information (pdf)
FAIR HOUSING NOTICE
This notice will serve to advise residents of Millcreek Township that the following actions, if based on race, color, religion, sex, national origin, familial status (families with children), or handicap, are considered discriminatory.
1 Refusing to sell or rent to, deal or negotiate with any person.
2 Discriminating by advertising that housing is available only to persons of a certain race, color, religion, sex, national origin, familial status or handicap.
3 Denying that housing is available for inspection, sale or rent when it really is available.
4 Blockbusting for profit, persuading owners to sell or rent housing by telling them that minority groups are moving into the neighborhood.
5 Denying or making different terms or conditions for home loans by financial institutions.
6 Denying to anyone the use of, or participation in, any real estate service, multiple-list service or other facilities related to the selling and renting of housing.
Any resident who believes they have been discriminated against under any of the above conditions may file a complaint with:
Erie County Human Relations Commission
1001 State Street, Suite #812
Renaissance Centre
Erie , PA 16501
Phone: 814-451-7021
Fax: 814-451-7066