[HISTORY: Adopted by the Board of Health of the Borough of Fort Lee 7-15-1987 as BH:IV of the 1987 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Air conditioning — See Ch. 5.
[Amended 6-8-2010 by Ord. No. 2010-2]
It shall be the duty of every person, firm or corporation who shall have contracted or undertaken, or shall be otherwise bound, or legally obligated to heat or to furnish heat for any building, part of any building, apartment or space occupied as a home or place of residence, of one or more persons, or as a business establishment where one or more persons, or as a business establishment where one or more persons are employed, to so heat or to so furnish heat to every occupied portion of such building, part thereof, apartment, room or space, so that a minimum temperature of 70º F. is maintained therein at all times from the 15th day of September in each year to the 15th day of May of the succeeding year; provided, however, that the provisions of this section shall not apply to buildings or parts thereof used and occupied for trades, businesses or occupations where high or low temperatures are essential and unavoidable. Further, buildings which utilize a "one-pipe system" shall be required to provide heat as specified in this chapter only from the first day of October until the first day of May of the succeeding year.
A. 
Time. With respect to the obligation or duty to furnish heat to or in a building, apartment or portion thereof, occupied as a home or place of residence, the term "at all times," as used in this section, shall mean the time between the hours of 6:00 a.m. and 11:00 p.m. within said dates, and with respect to the obligation or duty to furnish heat to a building or portion thereof used and occupied as a business establishment, the term "at all times," as used in this section, shall mean the usual working hours established and maintained in the said building within said dates or portion thereof so involved.
B. 
Minimum temperature. At no time, however, shall the minimum temperature be permitted to fall below 65º F. between the hours of 11:00 p.m. to 6:00 a.m., within said dates, in any building, apartment, part of any buildings or apartment, or other space wherein or wherefore there shall be any obligation to furnish heat. It shall be the duty of every person, firm or corporation, who shall have such obligation to so furnish such heat, to so maintain the same in accordance with this and all the other sections of this chapter.
C. 
Responsibility. For the purpose of this section, wherever any building, or the part thereof so concerned, is heated by means of furnace, boiler or other apparatus under the control of the owner, agent or lessor, in the absence of an agreement to the contrary, the owner, agent or lessor shall be deemed to have contracted, undertaken or bound himself or herself to furnish heat in accordance with the provisions of this section.
D. 
Contract defined. The term "contract" as used in this chapter shall be taken to mean and include a written, verbal or implied contract and the presence of heating outlets, radiators, risers or returns in any hall or apartment, or subdivision of a house or building, shall be prima facie evidence of an implied contract.
E. 
Separate violations. In the event any violation of this chapter shall continue for a period of 24 hours, each additional twenty-four-hour period thereafter in which said offense shall continue shall constitute a separate offense pursuant hereto.
[Amended 3-9-1993]
In all buildings occupied for residential purposes by two or more families and when the owner thereof shall have agreed to supply hot water, sufficient hot water, at least at 120º F., shall, at all times, be supplied.
In all buildings occupied as residences by two or more families and when the owner thereof shall have agreed to supply refrigeration facilities at 45º F. or below in the refrigerator and 0º F. or below in the freezer, he shall be and is hereby required to supply and maintain such refrigeration facilities at all times and in such manner as may be necessary for the proper and wholesome preservation of foodstuffs.
A. 
No person shall let or occupy, or suffer to be occupied separately as a dwelling, any vault, cellar or underground room whatsoever, unless every part thereof shall be at least seven feet in height, measured from the floor to the ceiling thereof, and unless the same be for at least three feet of its height above the surface of the street or ground adjoining or nearest to the same and unless there is an air space of not less than four inches over a properly damp-proof floor below the level of the floor and unless the same have external window openings of at least nine square feet clear at all points in elevation of the sash frame, which shall be so constructed that it may be opened for the purpose of ventilation. This section shall not be construed to affect or apply to any existing uses, unless such uses are otherwise detrimental to the health of the occupants of said premises.
B. 
No person having the right or power to prevent the same, shall knowingly cause or permit any person to sleep or remain in any cellar, or in any place dangerous or prejudicial to health by reason of a want of ventilation or drainage, or by reason of the presence of any poisonous, noxious or offensive substance.
No owner, tenant, agent or lessee of any building, or any part thereof, shall lease, let or hire out the same, or any portion thereof, to be occupied by any person, or allow the same to be occupied as a dwelling or lodging place, unless such building, or parts thereof so occupied, are sufficiently lighted and ventilated and are in all respects in that condition of cleanliness and wholesomeness required by this chapter and by all applicable laws of this state.
A. 
No owner nor other person in charge or control of any tenement or any other building shall permit any building, or part thereof, to be occupied or inhabited, if the same is unfit for human habitation by reason of its being infected with vermin, or by reason of its being in a condition dangerous to health or otherwise likely to cause disease among the inhabitants.
B. 
Whenever it shall be decided by the Board that any building or part thereof is unfit for human habitation by reason of its harboring disease, or by reason of its being otherwise likely to cause disease among the occupants, and notice of such decision shall have been affixed conspicuously on the building, or any part thereof, and personally served upon the owner, agent or lessee, if the same can be found in the state, requiring all persons therein to vacate from such building, or part thereof, for such reason as stated in the notice aforesaid, such building or part thereof shall, within 10 days thereafter, be vacated, or, in case of a special emergency, within such shorter time as in said notice may be specified. Every such notice shall be void if, within the time limited by said notice, or before the premises are so vacated, the cause for the giving of such notice shall be so cured, so that the condition theretofore existing and upon which said notice is based shall no longer exist.
The owner or other person in charge and control of any tenement or other building in the Borough shall provide proper and suitable conveniences or receptacles for receiving garbage and other refuse matter. No tenement, or other building, nor any part thereof, shall be used as a place of storage for any article detrimental to health.
A. 
Requirements. All buildings hereafter erected or constructed in the Borough of Fort Lee and all buildings hereafter converted or to be converted in whole or in part, shall conform to the following requirements:
(1) 
The basement or cellar of any buildings shall be so constructed as to be reasonably dry, adequately ventilated and the foundation walls and floor shall be rodent proof.
(2) 
If a room in a residence building is overcrowded, the Health Officer shall order the number of persons sleeping or living in said room to be so reduced that there shall be not less than 480 cubic feet of air to each person over the age of 12 years and 300 cubic feet of air to each child under 12 years of age occupying such room.
(3) 
In every dwelling unit containing two or more rooms, there shall be running water and at least one sink connected to the public sewer or to an approved sewage disposal system; there shall also be therein at least one wash basin, one water closet, one bathtub or shower stall, all of which shall have a sufficient supply of water and be of a type approved by the Board.
(4) 
Water closets, urinals, bathtubs and shower baths must be located in rooms separated from habitable rooms by floor-to-ceiling partitions and doors. Any rooms containing a water closet or urinal must have at least 10 square feet of free floor area and at least 100 cubic feet of air space for each water closet and each urinal and must be directly ventilated to outer air by means of window or ventilating duct.
(5) 
All places of business shall be equipped with proper and adequate toilet facilities, such as toilet, wash basin, with adequate water supply.
(6) 
Adequate water supply shall include both hot and cold running water. Hot water shall be at least 145º F.
B. 
Food limitation in sleeping rooms. Where more than two persons occupy any dwelling unit, food shall not be prepared or cooked in any room used for sleeping purposes.
C. 
Cleanliness. Every building, and its appurtenant premises, shall, at all times, be kept clear and free from accumulation of dirt, filth, garbage or other detrimental matter.
D. 
Responsibility. The owner, lessee, tenant or occupant of every building or structure, within the right or ability of either to remedy or prevent the same, shall not cause or allow any matter or thing to be done in or about any such building or structure, dangerous or prejudicial to health.
Prevention and/or remedy. The owner, builder, excavator, contractor, agent, lessee, the tenant and occupant of every real property excavation, site, construction site, building or structure, within the right or ability to remedy or prevent the same, shall prevent the establishment of and cure any established rodent infestation in or about any such real property, excavation site, construction site, building or structure as follows:
A. 
Treatment of vacant buildings and structures prior to demolition:
(1) 
The Health Department shall be given formal notice, in writing, that a building or structure is to be demolished at least 72 hours but not more than 144 hours prior to the commencement of said demolition and prior to any treatment of same by an exterminator.
(2) 
The building or structure to be demolished and that portion of said premises appurtenant thereto shall receive preventive and elimination treatment by a certified pest control operator or by the owner, builder, excavator, contractor, agent, lessee, tenant and occupant. If possessed of a Department of Environmental Protection (hereinafter referred to as DEP) Certification, at the sole expense of the owner, builder, excavator, contractor, agent, lessee, tenant and occupant.
(3) 
The building or structure shall not be demolished until the passage of at least 48 hours, but no more than 144 hours subsequent to the conclusion of the treatment by the exterminator.
B. 
Treatment of dormant buildings. Any building or structure laid dormant in excess of 60 days due to fire, flood, tornado, windstorm, explosion, earth movement, earthquake, landslide, mudflow, earth sinking, earth rising, or shifting or by being damaged in sufficient degree to prevent its occupation in conformity with the building codes of the Borough of Fort Lee, shall receive preventive and/or elimination treatment, if, in the sole discretion of the Health Department, same is deemed necessary, by a certified pest control operator or by the owner, excavator, builder, contractor, agent, lessee, tenant and occupant. If possessed of a DEP Certification, at the sole expense of the owner, excavator, builder, contractor, agent, lessee, tenant, and occupant.
C. 
Treatment of abandoned real property, buildings, and structures. Any real property, building or structure which has been abandoned shall receive regular inspections by a representative of the Health Department and in the event that it shall be deemed necessary, in the sole discretion of the Health Department, said real property, building or structure and that portion of said premises appurtenant thereto shall receive preventive and/or extermination treatment, upon the order of the Health Department after having secured appropriate authority, by a certified pest control operator or by such other person as the Health Department shall deem qualified, provided said person is possessed of a DEP Certification at the sole expense of the owner. If the owner cannot be located after reasonable efforts have been made to locate same, or if the owner can be located, but refuses to pay for such treatment in full, within 30 days of receiving notice to prevent or abate, then the property shall be assessed, after proper hearing, for the full cost necessary to abate the condition or for the prevention of the establishment, of a rodent infestation.
D. 
Treatment of excavation, construction and preconstruction sites:
(1) 
Prior to the commencement of excavation, construction of buildings or structures on vacant land and prior to the commencement of construction of additions to or renovation of vacant buildings or structures, the owner, excavator, builder, contractor, agent, lessee, tenant and occupant shall provide said real property, building and/or structure and the portion of said premises appurtenant thereto with preventive and/or elimination treatment by a certified pest control operator or by the owner, excavator, builder, contractor, agent, lessee, tenant and occupant, if possessed of a DEP Certification, at the sole expense of the owner, excavator, builder, contractor, agent, lessee, tenant and occupant.
(2) 
Upon the commencement of excavation, construction or renovations and during the course of excavations, construction or renovations, the owner, excavator, builder, contractor, agent, lessee, tenant and occupant shall make regular inspections and shall take all necessary steps to prevent the establishment of and cure any established rodent in or about said real property, buildings and structures and that portion of said premises appurtenant thereto.
(3) 
Upon the completion of any preventive or elimination treatment required by this section, a written certification from the exterminator shall be forthwith filed with the Department of Health certifying that preventive and/or elimination treatment has been provided, as per the provisions of this section.
(4) 
All reasonable efforts shall be taken during preventive and elimination treatments required by this section to prevent the transferring of any rodent infestation to abutting properties.
(5) 
The provisions of this section shall be liberally construed as remedial legislation to encourage the prevention and elimination of rodent infestation.
A. 
Quality of water. No person shall use, or make available for the use of any other person, for drinking, bathing, culinary purposes or for the cleansing of utensils or for other domestic or potable purposes, any water, unless the same shall be of a quality safe for the use to which the same is intended to be put and unless the water shall fully meet the standards of quality for such purposes as fixed by the Director of Health of the State of New Jersey or by any other officer or department having the right or power to fix or determine such quality.
B. 
Notice; discontinuance of use. Whenever the Board shall have satisfactory evidence that any well or cistern, or other source of water, the water of which is used for domestic or potable purposes or for any of the purposes set forth in the previous subsection, has become polluted or rendered unsafe for the use to which the same is being put, or is intended to be put, written notice to discontinue the use of said water and the well, cistern or other sources, may be sent to the owner, agent or person in charge of said well or cistern or other source of water, and such owner, agent or person shall forthwith, on receipt of such notice, close said well or cistern or other source, and discontinue, and cause the discontinuance of the use of the water, until the cause of the pollution has been abated and until the water shall be rendered safe and of the quality provided for in the preceding subsection.