Some days you can win

[Dave Grubb]

I own a house about 15 miles away. The occupant does not pay rent---nor do I expect it. I bought this house about 25 years ago and the family moved in at that time. The occupant maintains the house except for major costs like a new roof. I also pay both taxes and insurance. There is no mortgage.

The Township has sent me a form every year that I have filled out and sent back. That form requires the name(s) of the occupants and contact information. This year the form was a .pdf email. I filled it out and sent it back the same day.

The next day I got this in reply:

Thank you for responding so quickly. I am reaching out to see if we can set up a time for a Fire and Life Safety Inspection by the Limerick Township Fire Marshal’s office for your residential rental property.

In 2017 the Limerick Township Board of Supervisors adopted Ordinance No. 381, Residential Rental Property Registration, Inspection and Licensing. The Article provides for the systematic registration, licensing and inspection of residential rental properties within the Township. It is recommended that the property owner, manager or landlord accompanies the Inspector so any concerns can be properly addressed to ensure safety and compliance. Most owners prefer to accompany the Inspector as that gives them the opportunity to walk throughout their property and make sure it is being properly maintained by the tenant.

After the initial inspection, if there are any deficiencies noted, we will reschedule another inspection after 30 days to ensure compliance.

The Township charges $60 per unit and that includes one reinspection (if needed). If there needs to be a third or subsequent reinspection, the charge is $120 per visit.

Please look at your schedule and contact this office to set up an appoint with one of the Inspectors. Feel free to either call Amy Henderson at 610-495-6432 x130 or reply to this email.

Our hours for inspections are 7:45am to 2:30pm, Monday – Thursday. Wednesday mornings, the first available inspection time is 10:30am, on Fridays the last scheduled inspection is at 12pm.

I sent a reply politely asking for a copy of the Ordinance but saying that I regarded it as illegal and the occupant had the right of quiet enjoyment.

I figured that would start a cat fight----but not so. This morning I received a call from the fire marshal.
He asked if the occupant paid rent and when I said no he replied that he had that in his notes for the property and as such it was not a true rental and they would not require an inspection.

[UTAH]

I'm no sportsman, yet I'm thinking this is similar to a Technical Foul in basketball where intent is considered as part of the call. Hence, another Fire Marshall may have a different response than the one you received.

Hunter

[Truckman]

Somebody with a title wanted power to justify his own position, and therefore created an ordinance to that purpose...More government incremental encroachment......Ben

[Dave Grubb]

Somebody with a title wanted power to justify his own position, and therefore created an ordinance to that purpose...More government incremental encroachment......Ben

[Dave Grubb]

Thinking more about this:

In PA the police cannot stop a car without "cause"---which can be as minor as a light out---it amounts to an excuse---but it is necessary.

So, I ask, how can the Township require, what amounts to a search of a rental property, while it is continuously occupied? I have seen similar requirements in conjunction with "Use and Occupancy" permits for residential property needing to be reissued with a change in ownership, but not "on demand".

[Honda]

The major difference is that one is a civil matter and the other is a criminal matter. Different rules apply.

[Dave Grubb]

The major difference is that one is a civil matter and the other is a criminal matter. Different rules apply.

Thank you---but I don't think I like those rules