A.
Purpose. The North Brunswick Housing Code is adopted to establish
reasonable minimum standards and to authorize and mandate inspections
of units and to provide for the cyclical inspections of hotels and
multiple dwellings; to define responsibilities of owners, owners'
agents, and occupants; and to fix penalties for violation of this
chapter.
B.
Application. This chapter shall apply to the repair, maintenance,
occupancy and use of all hotels and multiple-dwelling units in North
Brunswick Township. It shall not supersede other codes and regulations
of the Township.
C.
Interpretation.
(1)
This chapter shall be liberally interpreted to secure the beneficial
purposes thereof.
(2)
Any conflict or inconsistency between the requirements of these regulations
and applicable local, state and federal laws and regulations shall
be resolved in favor of the more restrictive requirements.
(3)
Whenever any standard or code is referred to in this chapter, the
most recent edition of such shall be deemed to be incorporated herein
by reference, notwithstanding the fact that such edition may have
been published subsequent to enactment of this chapter in which the
reference to such standard or code is contained.
(4)
The local enforcing agency, as the term is defined in N.J.A.C. 5:70-1.5,
is authorized to enforce provisions of the Uniform Fire Safety Act,
N.J.S.A. 52:27D-192 et seq., and the most current edition of the International
Fire Code, N.J.A.C. 5:70, applicable to hotels and multiple dwellings.
Inspectors, as defined by this chapter and certified as fire inspectors
and licensed as housing inspectors, shall act as agents of the local
enforcing agency inspecting non-life-hazard uses in hotels and multiple
dwellings.
D.
Force and effect of regulations. This chapter shall have the force
and effect of law until revised, repealed or amended by the Mayor
and Township Council and shall be administered and enforced by the
North Brunswick Department of Community Development.
E.
Matters covered. The provisions of this chapter shall cover all matters
affecting or relating to multiple-family housing and shall extend
to their appurtenant constructions, together with all surface and
subsurface construction.
A.
The Inspector is authorized and directed to inspect all hotels and/or
multiple dwellings or dwelling units offered for rent or resale to
determine the condition of dwellings or dwelling units and to safeguard
the health and safety of the occupants and the general public. The
Inspector is authorized to enter, examine and survey the premises
on reasonable notice at all reasonable times for the purpose of making
inspections. The owner, occupant or person in charge thereof shall
give these officers free access to such dwellings on reasonable notice
at all reasonable times for the purpose of such inspection, examination
and survey.
B.
Every occupant of a multiple-dwelling unit shall give the owner or
his agent access to any part of the dwelling or dwelling unit, on
reasonable notice at all reasonable times, for the purpose of making
repairs or alterations necessary to comply with this chapter or with
any lawful order issued pursuant to the provisions of this chapter
or the statutes of the State of New Jersey.
C.
Notwithstanding the provisions contained herein, in nonrental multiple-dwelling
properties where 100% of the units are privately owned, including,
but not limited to condominiums, co-ops and townhouses, individual
unit inspections are not required and the cyclical inspection shall
be limited to a full inspection of all exterior spaces and common
areas. The inspection fee for such properties exterior shall be $1,500,
inclusive of all inspections and reinspections.
[Added 8-6-2012 by Ord. No. 12-11]
A.
Multiple dwellings.
(1)
All buildings and parts thereof shall be maintained as required by
this chapter and by the International Fire Code, N.J.A.C. 5:70.
(2)
A nonprofit corporation owning or controlling buildings of three
stories or less in a retirement community, which are excluded from
the definition of "multiple dwelling" pursuant to P.L. 1983, c. 154,
N.J.S.A. 55:13A-3, shall maintain all such buildings in compliance
with the International Fire Code, N.J.A.C. 5:70.
(3)
All buildings in compliance with the International Fire Code shall
be deemed to be in compliance with this chapter insofar as issues
of firesafety are concerned.
B.
Multiple-dwelling cyclical inspections.
(1)
The North Brunswick Department of Community Development shall be
designated as the agency to conduct all cyclical inspections on hotels
and multiple dwellings.
(2)
All multiple dwellings and hotels shall pay an inspection fee of
$15 per each inspection, payable to the Township of North Brunswick.
In the event that it is necessary to reinspect any multiple-dwelling
unit, a reinspection fee of $10 per unit per inspection shall be imposed.
Any future revisions to such inspection or reinspection fee shall
be established by the Department of Community Development, such future
fees to be effective, until same are approved by the Township Council,
which approval may be provided by resolution.
(3)
North Brunswick Inspectors, in the discharge of their duties, shall
have authority to enter upon and examine and inspect at all reasonable
times any building, enclosure, or premises, or any part thereof or
service equipment attached thereto or contained therein, for the purpose
of determining compliance with the provisions of this chapter. Inspectors
and employees of the North Brunswick Township Department of Community
Development, in the discharge of their duties, shall identify themselves
by exhibiting their Township photo identification.
(4)
The North Brunswick Department of Community Development shall cause
inspections to be made periodically of registered buildings. Each
multiple dwelling and hotel shall be inspected once every five years.
The statutorily mandated state hotel and multiple-dwelling inspections
that are required once every five years will continue to be required
but will be performed by the State of New Jersey Bureau of Housing
Inspection. The Township inspections and the state hotel and multiple
dwelling inspections will result in the property being inspected on
a thirty-month inspection cycle. For example, the inspection schedule
of a ten-year period would be 30 months, Township inspection; 60 months,
state inspection; 90 months, Township inspection; and 120 months,
state inspection.
(5)
All inspections and reinspection reports shall be in writing and
signed by the Inspector making the inspection, and the North Brunswick
Department of Community Development shall keep record of all inspections
on file.
(6)
Inspections of private living quarters shall require consent of the
occupant of the premises, except as hereunder described:
(a)
In case of emergencies where facts known to a housing office
personnel indicate that conditions exist on any premises, subject
to the jurisdiction of the Department of Community Development, which
are either an immediate threat to the safety or health of persons
using or in near proximity to the premises or of such a nature that
the delay necessary to secure a warrant would render the inspection
of no value in confirming the existence of the suspected violation,
an inspection may be demanded and, if possible without the use of
force, made to determine whether or not a violation of the law or
regulations in fact exists.
(b)
Where access to any premises where an inspection is desired
to implement the policy of the North Brunswick Department of Community
Development and such access has been refused, then such refusal shall
be reported to the Department of Community Development and an administrative
search warrant shall be obtained upon one or more of the following
grounds:
(7)
It shall be the duty of every owner or managing agent of a hotel
or multiple dwelling, upon receipt of notice from the North Brunswick
Department of Community Development that his property is scheduled
for a five-year cyclical inspection, to notify each occupant, except
hotel guests, and to request that each occupant either admit the Inspector
to his dwelling unit or authorize the owner or managing agent to do
so. Any occupant who has been so notified, has allowed the owner or
managing agent to retain a key to his dwelling unit and has not expressed
any objection, in writing, to the Inspector's entering his dwelling
unit either to the Department of Community Development or the Inspector
or to the owner or managing agent shall be deemed to have consented
to the inspection of his dwelling unit. Any occupant consenting to
an inspection who is unable to be present or to have a representative
present shall, upon notice from either the owner or the North Brunswick
Department of Community Development, give a key to his unit to the
owner or managing agent. Such key shall be returned to the occupant
within 24 hours after the inspection. It shall be the further duty
of the owner and/or any managing agent to provide such assistance
as may be reasonable and necessary to enable the Inspector to gain
access to all areas of the property and, upon request, to accompany
the Inspector during his inspection.
(8)
When an Inspector observes what may be a structural deficiency, this
condition shall be referred to the North Brunswick Building Department.
This report shall be in writing and signed by the Inspector.
(9)
If, during any inspection, the Inspector shall find a condition which
is, or appears to be, in violation of the International Fire Code,
the Inspector shall give a report of that condition to the Office
of the Fire Marshal. This report shall be in writing and signed by
the Inspector.
C.
Certification of registration/inspection.
(1)
Multiple dwellings.
(a)
The owner of each hotel or multiple dwelling shall file with
the North Brunswick Department of Community Development, upon forms
provided by the Department, a certificate of registration. A fee of
$250, payable each time there is a change in ownership, shall accompany
each certificate of registration, which shall state:
[1]
The name, address and telephone number of said owner;
[2]
Such description of each hotel or multiple dwelling, by street
number or otherwise, as will enable the North Brunswick Department
of Community Development to easily locate the same;
[3]
The name, address and telephone number of the agent appointed by said owner pursuant to § 196-3C(1)(d) hereinbelow for the purpose of receiving service of process and other orders or notices;
[4]
The name, address and telephone number of the person, association
or corporation, if any, which manages or operates such hotel or multiple
dwelling for or on behalf of said owner;
[5]
The name and address of any mortgage holder of record;
[6]
Whether or not the property is being registered for the first
time and, if not, the date of transfer to the present owner;
[7]
Whether the owner is a corporation, partnership, individual(s),
or some other entity;
[8]
Whether the building is a hotel or multiple dwelling;
[9]
The construction class;
[10]
The number of dwelling units in the building;
[11]
The number of stories;
[12]
The year, or approximate year, of construction;
[13]
The name and address of any person other than the record owner
of the property who controls the property pursuant to a net lease
or otherwise;
[14]
If the record owner is a corporation, the name and address of
the registered agent and of each corporate officer;
[15]
If the record owner is a partnership, the name and address of
each partner who is not exclusively a limited partner;
[16]
If the record owner is a limited partnership, the name and address
of each managing partner who is not exclusively a managing partner;
[17]
If the record owner is a limited liability company, the name
and address of each managing member who is not exclusively a managing
member;
[18]
The name and address of a person who resides or has an office
in Middlesex County who is authorized to accept notices from tenants
and to issue receipts therefor and to accept service of process on
behalf of the record owner;
[19]
The name and address, including the dwelling unit, apartment
or room number, of any person employed by the owner or managing agent
to provide regular maintenance service;
[20]
The name, address and telephone number of an individual representative
of the owner or managing agent who may be contacted at any time and
who has authority to make emergency decisions concerning the building
and any repair thereto or expenditure in connection therewith; and
[21]
The name and address of the fuel oil supplier, if any, and the
grade of fuel oil used.
(b)
Upon the receipt of said certificate and fee, the North Brunswick
Department of Community Development shall issue to the owner of such
hotel or multiple dwelling a validated copy of the certificate of
registration, which shall be kept posted by the owner of such hotel
or dwelling in a conspicuous location therein.
(c)
The certificate of registration shall be in such form as may
be prescribed by the North Brunswick Department of Community Development.
(d)
The owner of each hotel or multiple dwelling shall appoint an
agent for the purpose of receiving service of process and such orders
or notices as may be issued by the North Brunswick Department of Community
Development pursuant to this chapter. Each agent so appointed shall
be of Middlesex County or shall have an office in Middlesex County.
If the agent is a corporation, it shall be licensed to do business
in the state.
(e)
In the case of any transfer of the ownership, any hotel or multiple dwelling, whether by sale, assignment, gift, intestate succession, testate devolution, reorganization, receivership, foreclosure or execution process, it shall be the duty of the new owner thereof to file with the North Brunswick Department of Community Development, within 20 days of said transfer, an application for a certificate of registration pursuant to § 196-3C(1)(a) above and to appoint an agent for the service of process pursuant to § 196-3C(1)(d) above. The transferee shall, within 30 days of such transfer, return to the North Brunswick Department of Community Development his validated copy of the certificate of registration, indicating thereon the name and address of the new owner.
(f)
In the event that the number of dwelling units in a registered
hotel or multiple dwelling, or any other information required to be
set forth in a certificate of registration, is changed, the owner
of the said hotel or multiple dwelling shall file an amended certificate
of registration within 30 days of such changes. No fee shall be charged
for the filing of such amended certificate.
(g)
Within 30 days of the issuance of a certificate of occupancy
for any newly constructed hotel or multiple dwelling, subject to this
chapter, the owner thereof shall file with the North Brunswick Department
of Community Development, upon forms provided by the Department of
Community Development, a certificate of registration pursuant to this
chapter.
(h)
A separate application for a certificate of registration shall
be filed for each building in a project.
(i)
Every application for a certificate of registration shall be
signed by at least one individual owner. In the case of a partnership,
corporation or other entity, the application shall be signed by a
duly authorized representative of the owner, and the signer's
relationship to the owner shall be printed or typed beneath the signature
in a legible manner.
(j)
No certificate of inspection shall be issued for any hotel or
multiple dwelling subject to this chapter by a local enforcing agency,
until the North Brunswick Department of Community Development shall
have received from the local enforcing agency a certification that
the building(s) does not have any outstanding violations of the International
Fire Code, N.J.A.C. 5:70.
D.
Violation and/or complaint reporting.
(1)
Any tenant or owner may report a violation and/or complaint of a
violation of this chapter to the Inspector. The Inspector shall inspect
the violation within 10 business days of the report. If the violation
constitutes an emergency, the Inspector shall inspect the violation
within 24 hours of the report. Such report may constitute a complaint.
(2)
Whenever the Inspector determines that this chapter has been violated,
a complaint notice shall be served upon the owner and tenant, where
relevant, as hereinafter provided. Such notice shall be in writing,
contain the section(s) and/or paragraph(s) of the code violated and
specify the date by which the violation must be corrected or abated.
(3)
The Inspector shall serve a notice of common area violation(s), which
may be a hazard to the safety or health of occupants, pedestrians
and other persons utilizing the premises, upon the owner or agent
of such premises. Such notice shall be in writing, contain the section(s)
and/or paragraph(s) of the ordinance violated and specify the date
by which the violation must be corrected or abated.
(4)
The time limit to abate the violation shall be at the discretion
of the Inspector but shall not exceed six months.
(5)
Service of notices shall be made by one or more of the following
methods.
(a)
Personal service. Notice shall be served personally on the owner
or tenant of the dwelling or common area where the violation occurred.
(b)
Service by mail. The Inspector may effect service by sending
the notice by certified mail and regular mail to the owner's
last known address.
(c)
Service by posting notice. The Inspector may effect service
by posting a copy of the notice on both the building and unit or the
building and common area where the violations occur.
(d)
Service by other methods. Notice may be served by any other
method authorized under the laws of the State of New Jersey.
E.
Hotels required to post fire or smoke emergency information. The
owner or manager of a hotel shall post, in a prominent place in each
dwelling unit, a notice per N.J.A.C. 5:70-3 (Section 404.1[1]) that states:
(1)
The location of the nearest fire exits and fire alarms;
(2)
The procedures to be followed when smoke or fire alarms sound;
(3)
The procedures to be followed in the event of fire or smoke.
[1]
Editor's Note: This reference is to Section 404.1 of the International
Fire Code, 2006 edition.
F.
Codes cited. Where other codes or standards are referenced in this
chapter, unless otherwise noted, the most recent adopted code or standard
shall be used.
