Town of Phillipsburg, NJ Property Maintenance

The following modifications to the International Property Maintenance Code (2000 Edition) are hereby adopted:



Chapter 1 ADMINISTRATION
Section 101.1, Title, is amended to read:
	101.1 Title. These regulations shall be known as the "Property Maintenance Code of the Town of Phillipsburg," herein after referred to as "this code."
Section 102.3, Application of other codes, is amended to read:
	102.3 Application of other codes. Repairs, additions or alterations to a structure or changes of occupancy shall be performed in accordance with the procedures and the provisions of the New Jersey Uniform Construction Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of Chapter 625, Zoning, of the Code of the Town of Phillipsburg. Where any model code cited within this chapter is found to conflict with the model codes adopted under the New Jersey Uniform Construction Code, the state code requirements shall prevail.
Section 111.1, Application for appeal, is amended to read:
	111.1 Application for appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under this code or regulation adopted pursuant thereto shall have the right to appeal and shall be granted a hearing before the department head; provided a written application for an appeal is filed in the office of the Town Clerk within 20 days after the decision, notice or order was served. An application for an appeal shall be based on a claim that the true intent of this code or the rules legally adopted herein have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
Section 111.2, Membership of board, and all subsections (111.2.1 through 111.2.5) are deleted in their entirety and is retitled and shall read:
	111.2 Appeals. The department head shall hear all appeals relative to the enforcement of the code and, after conferring with the Town Mayor, shall reverse or affirm in whole or in part or modify the decision, order or notice of the Code Official. The decision of the department head shall be set forth in writing stating the reasons and justifications for reversing, modifying or affirming the orders and decisions of the Code Official. The decision of the department head may be further appealed by any person affected to the Town Council.
Section 111.3, Notice of meeting, is amended to read:
	111.3 Notice of meeting. The department head shall hear all appeals relative to the enforcement of the Code within 20 days of receipt of a written application for an appeal. The appellant shall be notified in writing of the date, time and place of the meeting or hearings for an appeal.
Section 111.4, Open hearing, is amended to read:
	111.4 Open hearing. All hearings before the Town Council shall be open to the public. The appellant, the appellant's representative, the Code Official and any person whose interests are affected shall be given an opportunity to be heard.
Section 111.4.1, Procedure, is amended to read:
	111.4.1 Procedure. The Town Council shall adopt and make available to the public through the Town Clerk procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
Section 111.5, Postponed hearing, is amended to read:
	111.5 Postponed hearing. When the department head or a quorum of Town Council is not present to hear an appeal, either the appellant or appellant's representative shall have the right to request a postponement of the hearing. A quorum shall consist of not less than two-thirds of the Town Council membership.
Section 111.6, Board decisions, is retitled and amended to read:
	111.6 Town Council decisions. The Town Council shall modify, reverse or affirm the decisions of the Code Official or the department head only by a concurring vote of a majority of the total members present for the hearing. Failure to secure such concurring votes shall be deemed a confirmation of the department head's decision.
Section 111.6.1, Records and copies, is amended to read:
	111.6.1 Records and copies. The decision of the Town Council shall be recorded. Copies shall be furnished to the appellant and to the Code Official.
Section 111.6.2, Administration, is amended to read:
	111.6.2 Administration. The Code Official shall take immediate action in accordance with the decision of the Town Council.
Chapter 2 DEFINITIONS
Section 201.3, Terms defined in other codes, is amended to read:
	201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the New Jersey Uniform Construction Code or in Chapter 625, Zoning, and other municipal codes of the Town of Phillipsburg, such terms shall have the meanings ascribed to them as in those codes.
Chapter 3 GENERAL REQUIREMENTS
Section 302.3, Sidewalks and driveways, is amended to read:
	302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar paved areas shall be kept in a proper state of repair, free of all snow, ice, mud, debris, overhanging trees and shrubs which obstruct the walkways and shall be maintained free from hazardous conditions. If any sidewalk or driveway or portion thereof by virtue of its state of repair shall constitute a danger to public health and safety, the sidewalk or driveway or portion thereof shall be replaced. Steps shall comply with the dimensional requirements for exterior stairways. Sidewalks that are heaved or cracked with loose concrete or having open holes will constitute a violation. Sidewalks heaved greater that two inches must be reset level or replaced. Sidewalks heaved less that two inches may be filled in and blended with the adjacent sidewalk. Blended areas shall have a maximum slope of 1:6 pitch. It shall be the responsibility of the property owner to maintain the sidewalks, curbs and gutters in the public right-of-way which front their property.
Section 302.4, Weeds, is amended to read:
	302.4 Weeds and trees. All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight inches (203.2 mm). All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens. The property owner shall ensure that trees growing on their property do not create a hazardous condition on their property or directly upon an abutting or adjacent property over which their tree has grown. A hazardous condition will be deemed to exist if the tree is decayed and dead or its branches touch a structure or interfere with any utility wire or hang less than eight feet above the surface of a street or sidewalk. It shall be the responsibility of the property owner to cut and maintain the grass strip and eliminate any hazardous conditions upon their property or on the public right-of-way which fronts their property.[1]
Section 303.3, Premises identification, is amended to read:
	303.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of three inches (76.2 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Each apartment within a building shall have its number or letter clearly displayed on the apartment door, and all buildings on the premises shall be identified.[2]
Section 303.7, Roofs and drainage, is amended to read:
	303.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance or is creating an adverse condition to neighboring buildings or property by the creation of mildew, molds or moss due to dampness, undermining or erosion, ice formation or ponding of water.
Section 303.12, Handrail and guards, is amended to read:
	303.12 Handrail and guards. Every flight of stairs which is more than four risers high shall have a handrail on at least one side of the stairway, and every open portion of the stairway, landing or balcony which is more than 30 inches above the floor or grade below shall have guardrails. Handrails shall be not less than 30 inches nor more than 38 inches high measured vertically above the nosing of the stair treads. Guardrails shall be not less than 36 inches high measured vertically above the floor of a porch, landing or balcony. Existing handrail or guardrail heights of other dimensions may be approved where in the opinion of the Code Official it should not represent a hazard. All guardrails shall be properly balustered. Every handrail and guardrail shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
Section 303.14, Insect screens, is amended to read:
	303.14 Insect screens. During the period from April 1 to December 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (mesh per 25 mm), and every swinging door shall have a self-closing device in good working condition.
Section 304.5, Handrails and guardrails, is amended to read:
	304.5 Handrails and guardrails. Interior handrails and guardrails shall comply with the requirements for exterior handrails and guardrails. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
A new Section 304.7, Bathroom and kitchen floors, is added and shall read:
	304.7 Bathroom and kitchen floors. Every toilet, bathroom and kitchen floor surface shall be constructed and maintained so as to permit such floor to be kept in a clean and sanitary condition. Every floor shall be covered with a moisture-resistant material such as ceramic tile, vinyl tile, and linoleum, two coats of floor paint approved for the purpose, similar coatings or suitable carpet if the subflooring has been sealed in an approved manner.
A new Section 304.8, Basement floors, is added and shall read:
	304.8 Basement floors. Every basement or usable portion of a crawl space shall have a concrete floor for the mitigation of dampness to the interior parts of a building. New concrete floors shall be provided with a six-mil polyethylene vapor barrier. When in the opinion of the Code Official the construction of said floor would be impractical, the concrete floor may be substituted for two inches of clean stone with the polyethylene vapor barrier.
Section 305.1, Accumulation of rubbish or garbage, is amended to read:
	305.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish, garbage or other unused equipment and appliances such as washers, dryers, refrigerators, water heaters, furnaces, boilers, and abandoned aboveground oil tanks. Accumulations of furniture, toys, bicycles, construction supplies and equipment and other items or personal belongings shall not be stored on the exterior of the premises or on open porches or decks and only within an enclosed utility shed or garage. Lawn furniture and ornaments shall be permitted to be displayed or remain on the exterior of the premises, provided the furniture or ornaments are constructed or manufactured of materials approved for exterior use.
Section 305.3.2, Containers, is amended to read: [Amended 10-2-2012 by Ord. No. O:2012-19]
	305.3.2 Containers. The operator of every establishment producing garbage, vegetable waste or other putrescent material shall provide at all times leakproof containers provided with closed-fitting covers for the storage of such materials until the removal from the premises for disposal. Approved containers shall be watertight and insect-tight metal or plastic containers with tightly fitting covers no larger than 30 gallons in capacity. Every outside container must be maintained and located on the premises so that no odor will permeate any dwellings or structures. All rigid refuse containers and other nondisposable containers or receptacles used for storing refuse or garbage shall not be placed along the frontage of the property, curbside or within the Town right-of-way prior to 6:00 p.m. EST, on the evening before the scheduled day for collection. All containers or receptacles must be constructed of sufficient strength to withstand the rigors of normal refuse collection practices. Plastic bags may not be placed along the frontage of the property, curbside or within the Town right-of-way prior to 6:00 a.m. EST the morning of the trash removal day.
Chapter 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
Section 501.2, Responsibility, is amended to read: [Amended 1-26-2013 by Ord. No. O:2012-21]
	501.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this chapter. It shall be the responsibility of the owner to maintain electrical, gas, water or other utilities for the proper operation of plumbing systems, and at the time of any required inspection. All fixtures with outlets emptying into the main sewer, installed in cellars or basements of any or all buildings within the limits of the Town of Phillipsburg, are done so solely at the risk of the owner. The Town of Phillipsburg will not be responsible for any damage or inconvenience sustained by the property owner due to the backup of sewers into cellars or basements of any and all buildings where fixtures have been installed preceding the adoption of this chapter.
Section 505.4, Water heating facilities, is amended to read:
	505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, and laundry facility at a temperature of not less than 105° F. (41° C.) nor more than 140° F. (60° C.) and shall not exceed 120° F. (49° C.) at bathtub and shower fixtures. A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom, storage closet, or other occupied room normally kept closed unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.
Section 507.1, General, is amended to read:
	507.1 General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. Stormwater from roof drains, gutters and swales shall not be directed onto neighboring properties and shall not be piped or deposited into the sanitary sewer system.
Chapter 6 MECHANICAL AND ELECTRICAL REQUIREMENTS
Section 601.2, Responsibility, is amended to read:
	601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter. It shall be the responsibility of the owner to maintain electrical, gas, water or other utilities for the proper operation of the mechanical and electrical systems and at the time of any required inspection.
Section 602.3, Heat supply, is amended to insert the dates: October 1 to May 15.
Section 602.4, Occupiable work spaces, is deleted in its entirety.
Section 603.5, Combustion air, is amended to read:
	603.5 Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided. The fuel-burning equipment shall not be located within or obtain combustion air from bathrooms, toilet rooms or bedrooms.
A new Section 603.7, Boiler, furnace cleaning and servicing, is added and shall read:
	603.7 Boiler, furnace cleaning and servicing. All oil or other solid-fuel-fired boilers or furnaces shall be cleaned and serviced on a yearly basis. All gas-fired boilers or furnaces shall be serviced and cleaned as required every two years. Evidence that the boiler or furnace has been cleaned and serviced in accordance with the above must be provided to the Code Official upon inspection.
Section 604.2, Service, is amended to read:
	604.2 Service. The size and use of appliances and equipment shall serve as a basis for determining the need for additional service facilities in accordance with the New Jersey Uniform Construction Code. When the electrical system requires modification to correct inadequate service, the service requirements shall be a minimum of 60 ampere, 120/240 volt for apartment dwelling units and 100 ampere, 120/240 volt for single-family houses. All existing fused panel boards shall be required to be replaced with a molded circuit breaker type panel board.
Section 605.2, Receptacles, is amended to read:
	605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacles. Receptacles shall be provided in every habitable room so that no point along the floor line of any unbroken wall space is more than 10 feet from a receptacle within the space. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle adjacent the basin area, and all receptacles located within a bathroom shall be ground fault protected. All exterior receptacles and all countertop receptacles located within six feet of the kitchen sink shall be ground fault protected.
Section 605.3, Lighting fixtures, is amended to read:
	605.3 Lighting fixtures. Every habitable room, public hall, interior or exterior stairway, toilet room, kitchen, bathroom, laundry room, furnace/boiler room, basement or an attic accessed by a permanent stairway shall contain at least one permanent electric lighting fixture that is controlled by a switch near the door leading to the room. All means of egress stairways must be illuminated and controlled by a switch that is accessible prior to the use of the stairs.
Chapter 7 FIRE SAFETY REQUIREMENTS
A new Section 702.5, Means of egress, is added and shall read:
	702.5 Means of egress. All hallways, balconies, fire escapes, stairways, doors, windows, passageways or other means of egress shall not be blocked or used to store rubbish, garbage or otherwise be used for the storage of objects which will create a hazardous condition or block an exitway.
Section 704.1, Smoke detectors, is retitled to read:
	704.1 Smoke detectors/carbon monoxide alarms. All Use Group R buildings and dwelling units shall be provided with smoke detectors and carbon monoxide alarms in accordance with this section and shall be installed in accordance with the building and fire protection subcodes. All detectors and alarms shall be equipped with a manual test button.
Section 704.2, Installation, is amended to read:
	704.2 Installation. Approved single station smoke detectors shall be installed in the immediate vicinity and within 10 feet of the bedrooms and on every habitable story of the dwelling, including the basement. Approved carbon monoxide alarms shall be installed in the immediate vicinity and within 10 feet of the bedrooms. Existing 120 volt single station or interconnected smoke detection systems and carbon monoxide alarms installed in accordance with the New Jersey Uniform Construction Code shall not be replaced with a system or devices and alarms which will not provide an equivalent or greater degree of protection. Multiple-family dwellings shall be required to have a 120 volt interconnected with battery backup smoke detection system installed in all common areas, including basements, vestibules, hallways, stairways and in other common or public elements of the building. Additional audible alarms shall be installed whenever required under the provisions of the New Jersey Uniform Construction Code.
Section 704.3, Power source, is amended to read:
	704.3 Power source. In Group R occupancies, single-station smoke alarms may be battery-operated or shall receive their primary power from the building wiring, provided that the power is provided by a utility source. Multiple occupancy dwellings or mixed-use buildings with dwelling units shall be provided with a separate building electric panel and meter to provide the power source for the required detection/alarm systems. This electrical panel may serve other common electrical or power requirements for the building.
A new Section 704.4, Tampering with smoke detectors and carbon monoxide alarms, is added and shall read:
	704.4 Tampering with smoke detectors and carbon monoxide alarms. It shall be unlawful for any tenant, occupant, owner or any other person to tamper with, damage, destroy, steal, paint or do anything to cause such detectors or alarms to malfunction or fail to operate.

[1]

Editor's Note: See also Ch. 191, Brush, Grass, Weeds and Debris.

[2]

Editor's Note: See also Ch. 396, Numbering of Buildings.