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Township of Berlin, NJ
Camden County
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Table of Contents
Table of Contents
Code
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[HISTORY: Adopted by the Mayor and Council of the Township of Berlin 11-13-1978 by Ord. No. 78:12; amended in its entirety 2-26-1996 by Ord. No. 1996-4 (Ch. 79, Art. III, of the 1976 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 249.
Zoning — See Ch. 340.
A. 
Terms defined. The following words, when used in this chapter, shall have the meanings indicated:
APPLICANT
Any person, firm, partnership or corporation seeking a license to operate a boardinghome for sheltered care, a boardinghouse or a rooming house.
ATTIC (MINIMUM CEILING HEIGHT)
The ceiling height shall be not less than seven feet covering not less than 1/3 of the minimum area required by the BOCA Basic Housing Code, the most current edition, when used for sleeping or similar activity. When calculating this area, the floor area of the room having a clear ceiling height of five feet or more may be included.
BOARDER, ROOMER OR LODGER OR SIMILAR PERSON
Any person not a member of the family to whom space is provided for housekeeping and any person or persons who occupies part of any structure or building who is not a member of the family by blood, marriage or legal adoption who is furnished accommodations in said building or structure.
BOARDINGHOME FOR SHELTERED CARE
A boardinghome, rest home or other home for the sheltered care of adult persons is any establishment which furnishes food and shelter to two or more adult persons unrelated to the operator and which provides any personal care of service beyond food, shelter and laundry to any one or more such persons. It serves as a substitute for the occupant's own home, furnishing facilities and comfort normally found in a home, but providing, in addition, such services, equipment and safety features required for safe and adequate care of residents at all times. An adult person is anyone 18 years of age or older.
BOARDINGHOUSE
Any dwelling or part of a dwelling of which one or more rooms is or are used for pay for housing purposes by two or more persons not members of a family inhabiting the dwelling.
CELLAR
That portion of any dwelling having 1/2 or more of its clear floor-to-ceiling height below the average grade of the adjoining ground.
FAMILY
No more than two persons unrelated by blood, marriage or adoption, or any number of individuals related by blood, marriage or adoption, living privately together as a single housekeeping unit in a structure or building and using certain rooms and housekeeping facilities in common and having such meals as they may eat at home, generally prepared and eaten together.
OWNER
Any person, as herein defined, who, alone or jointly or severally with others, shall have legal title to the premises of any boardinghome for sheltered care, boardinghouse or rooming house, as herein defined, is operated or intended to be operated, or is an authorized agent of such owner or an executor, administrator, trustee or guardian of the estate of such owner.
PERSON
A corporation, association, firm and partnership, as well as an individual.
PERSON OPERATING A BOARDINGHOME FOR SHELTERED CARE, BOARDINGHOUSE OR ROOMING HOUSE
A person, as herein defined, who carries on the business of or conducts a boardinghome for sheltered care, a boardinghouse or rooming house, as herein defined, as the owner, lessee or sublessee of the premises where such facility is operated, or who operates, carries on the business of or conducts such a facility by or through an agent or manager.
ROOMING HOUSE
Any dwelling or part of a dwelling of which one or more rooms is or are used for pay for housing purposes by two or more persons not members of a family inhabiting the dwelling.
TOWNSHIP
Township of Berlin.
TOWNSHIP COUNCIL
The Township Council of the Township of Berlin.
B. 
Word usage. Whenever in this chapter any word importing the singular number or masculine gender is used in describing or referring to any person, party, matter or thing, the same shall include and apply to several persons or parties as well as to one person or party, to females as well as males and to several matters or things as well as to one matter or thing.
It shall be unlawful for any person, firm or corporation to own and operate a boardinghome for sheltered care, a boardinghouse or rooming house within the Township without having first complied with the provisions of this chapter and having obtained a license to operate such a facility.
A. 
Applications for all licenses required by this chapter shall be made in writing to the Township Clerk.
B. 
Each application shall contain the following information, in the suggested format:
(1) 
Name under which the boardinghome is to be operated.
(2) 
Name and address of the applicant. (If a corporation, give the names and addresses of the president and secretary; if a partnership, give the names and addresses of all partners.)
(3) 
Address of the boardinghome.
(4) 
Residence of the applicant if an individual; if a corporation or partnership, the address of the corporation or partnership.
(5) 
Statement that the applicant has never had a license to conduct a boardinghome for sheltered care, a boardinghouse or rooming house herein described denied or revoked, except as noted.
(6) 
Details of any arrests or convictions for misdemeanors and crimes, including the nature of the offense for which arrested or convicted, the date of conviction and the place where said conviction was obtained.
(7) 
The boardinghome telephone number and the applicant's telephone number.
(8) 
Name of the individual or individuals which will manage/operate the boardinghome for sheltered care, the boardinghouse or rooming house.
(9) 
Name and address of the registered agent, if the applicant is a corporation.
(10) 
A statement/declaration that the applicant makes the above statements to induce the Township to issue the license herein applied for and that the applicant agrees to comply with all laws and ordinances of the Township applicable to the subject matter of the application.
(11) 
A floor plan showing:
(a) 
The number of rooms on each floor of the premises, including basement rooms, and which rooms are for occupation by boarders, roomers, lodgers or similar persons.
(b) 
The size and height of each of such rooms.
(c) 
The size and location of each window and door in each of such rooms.
(d) 
The relation of each such rooms to the other rooms in the building.
(e) 
The sanitary facilities available for use by the boarders, roomers, lodgers or similar persons, of what the sanitary facilities consist and the location of the facilities in such premises.
(f) 
The means of egress on each floor of such premises.
(12) 
The maximum number of occupants such boardinghome for sheltered care, boardinghouse or rooming house is designed to house.
(13) 
All means of fire protection.
(14) 
Handicap facilities as required by federal, state and local law.
A. 
Bathroom and water closet facilities shall be required for occupants pursuant to the requirements of the BOCA Basic Housing Property Maintenance Code, the most current edition. All bathrooms shall be provided with inside locks.
B. 
Bedding, bed linens, towels and soap required.
(1) 
Every operator shall provide for all occupants bedding, mattresses, mattress covers, bed linen, blankets, pillows, towels and soap. All such items shall be kept in a clean and sanitary condition at all times. Fresh, clean bed linens and towels shall be supplied for each occupant at the commencement of the occupancy, and fresh, clean bed linens and towels shall be supplied to the occupant at least once a week.
(2) 
Unless laundry service is provided for occupants, a laundry tub or washing machine shall be accessible to and available for use by all occupants.
C. 
Furniture and furnishings. All furniture and furnishings shall be maintained in safe and sound condition, in good repair, and upholstery and covering shall be kept clean and free of rips and tears. Windows shall be provided, where necessary, with blinds, draw drapes, curtains or shades to provide occupants with privacy.
D. 
Person in charge of the premises. There shall be present at and in charge of every establishment subject to licensing by this chapter a person who is mentally and physically competent to maintain the same in a safe and sanitary condition, who shall keep the exterior of the premises and all common interior areas, including but not limited to landings, stairways, hallways and bathrooms, clean, free from garbage and other refuse and free of infestation, and who shall attend to the daily removal of garbage.
A. 
Fire alarm system. Every establishment subject to licensing, pursuant to this chapter, and having more than five rooms for such use shall be provided with a fire alarm system or device approved by the appropriate Underwriters Laboratory qualified and equipped for the testing of fire protection equipment or material as approved by the Township of Berlin Fire Code Official. The system or device required hereunder shall be maintained in good working order at all times. The alarms shall be provided with a heat-operated device which will automatically set off the fire alarm system and shall be operated by electrical or by self-contained automatic means. Alarm-sounding devices provided shall be distinctive in pitch and shall be of such quality and so distributed on every floor that they shall be effectively heard in case of fire in every room above the usual sound level. Periodic testing shall be required in accordance with regulations of the Township Fire Code Official and shall be inspected at least once a year.
B. 
Fire extinguisher. Portable fire extinguishers of adequate type and size as prescribed by regulation shall be provided and hung in a conspicuous location in each hallway or common areaway, and where the length of such hallway or common areaway exceeds 50 feet, there shall be a fire extinguisher for every 50 feet or fraction thereof, located not more than 50 feet apart. There shall be a fire extinguisher provided in the kitchen, and also in the basement or cellar, which shall be located within 25 feet of any furnace or heating apparatus therein. All fire extinguishers shall be inspected and shall further be subject to a test every year for hydrostatic pressure to determine the capability of the extinguisher to withstand with safety the pressure generated during operation.
C. 
Evacuation instructions required. The operator, pursuant to any regulations and supervision of the Township Fire Code Official, shall be responsible for instructions to all occupants and employees as to procedure to be followed for firesafety and for orderly emergency evacuation.
D. 
Directional signs. Every licensed establishment shall have exit signs posted in common hallways visible from the door of every unit, which signs shall indicate the direction of the location of the nearest means of egress. All such signs shall be of a size and color and be illuminated in accordance with the regulations of the Township Fire Code Official.
E. 
Additional exit requirements. In addition to the requirements of the BOCA (Basic Building Code), exit stairways utilized as fire escapes on the exterior of the building shall extend all the way to the ground.
No person shall occupy a boardinghome for sheltered care, boardinghouse or rooming house, nor shall any person operate a boardinghome for sheltered care, boardinghouse or rooming house, which does not comply with the following requirements:
A. 
Every room occupied for sleeping purposes by one occupancy shall contain at least 80 square feet of floor space, and every room occupied by more than one occupant shall contain an additional 60 square feet of floor space for such additional occupant. Not more than two occupants shall occupy any one room for sleeping purposes.
B. 
Room arrangements shall be such that access to a bathroom or water closet compartment intended for use by occupants or more than one sleeping room can be had without going through another sleeping room.
C. 
Room arrangements shall be such that access to a sleeping room can be had without going through another sleeping room or a bathroom or a water closet compartment.
D. 
Every sleeping room shall have a ceiling height that complies with the definition set forth for "attic (minimum ceiling height)."
E. 
Every sleeping room, bathroom and water closet compartment shall have at least one window facing directly to the outdoors which can be easily opened and closed, except that bathroom or water closet compartments which are properly vented in accordance with the Plumbing Code shall not require a window.
F. 
There shall be at least one complete bathroom having a toilet, wash basin and tub or shower for adequate running hot and cold water at all times for every two occupants.
G. 
No cooking facilities shall be provided, nor shall any cooking be permitted, in any occupied room in a boardinghome for sheltered care, boardinghouse or rooming house.
H. 
Night-lights. Night-lights shall be provided in all common areaways leading to bathrooms, as well as in hallways, in compliance with the BOCA (Basic Housing Property Maintenance Code).
I. 
There shall be central heating in all establishments subject to licensing, which shall supply adequate heat to all occupied units and to all bathrooms.
J. 
Where food is served in any establishment subject to licensing pursuant to this chapter, the licensing of the facilities shall be subject to the regulations and requirements of all sanitary and health codes, ordinances and regulations as may be applicable to the providing of such service.
K. 
Storage of combustible materials. Storage of combustible materials and temporarily used or unused household furnishings, bedding and mattresses and similar articles shall only be permitted in enclosed fireproof compartments.
L. 
Disposal of combustible materials. All combustible materials shall be disposed of in self-closing metal cans, which shall be provided where needed on the premises for that purpose.
Upon receipt of an application for a license, the Township Clerk shall refer such application to the proper officials for making an investigation. The officials charged with the duty of making the investigation or inspection shall make a report thereon, in writing, favorable or otherwise, within 15 days after receiving the application or a copy thereof. The appropriate Township Officials shall make the necessary inspections to determine that the applicant is in compliance with the provisions of this chapter, which inspection shall include the Construction Official, the Code Enforcement Officer, the Zoning Officer, the Fire Code Official, and such other officials of the Township as it may deem necessary.
Not later than 45 days from receipt of the completed application and license fee, the appropriate inspection official shall submit written reports of their investigations to the Township Clerk. The Township Clerk shall promptly transmit said reports, together with the license application, to the Mayor and Township Council. The Mayor and Township Council shall approve, conditionally approve, or disapprove the application within 35 days from receipt of the reports and application from the Township Clerk. The Mayor and Township Council shall approve the license application based on a review of all the reports submitted as to compliance with this chapter and other laws, ordinances or regulations applicable to the operation of such a facility. The Mayor and Township Council may conditionally approve a license application by conditioning approval upon corrective action being taken by the applicant within a specified period of time. Prior to denial of approval of a license application, the Mayor and Township Council shall afford to the applicant an opportunity to be heard on the application. If the license application is disapproved because the premises are in violation of this chapter, the applicant may reapply at such time as the violation or violations are corrected.
The appropriate Township officials, or their respective authorized agents, are hereby authorized to perform the initial application inspection. These officials shall include the Construction Code Official, the Fire Code Official, the Zoning Officer and the Code Enforcement Officer. These appropriate officials are also authorized to make periodic inspections to determine the condition of the facility in order that they may perform their duty of safeguarding the health, safety and welfare of the occupants thereof and of the general public. Such inspection shall be performed at least once in each licensed year. For such purpose, the appropriate Township officials are hereby authorized to enter, examine and survey at all reasonable times the facility and its rooms. The owner of the premises, the person operating the facility and all occupants of such facility shall give the said officials free access to such facility and its rooms for the purpose of these inspections. Every occupant of such facility shall give the owner of the premises and the person operating such facility, and their respective agents and employees, access to any part of such facility and its rooms for the making of such repairs, alterations or performing such other work as may be necessary to comply with the provisions of this chapter or any rules or regulations made by the Township pursuant to this chapter; and no occupant as aforesaid shall interfere with or prevent the said owner or the person operating said facility, or their respective agents or employees, from complying with the provisions of this chapter or any rule or regulation made by the Township pursuant to this chapter.
In the event that a licensee violates this chapter and/or any rules and regulations promulgated pursuant thereto, the Code Enforcement Officer or such other appropriate Township official may revoke said license, subject to the following procedures:
A. 
Making a determination that a violation exists, which report shall be in writing.
B. 
Giving notice of the violation to the licensee, operator and owner of the premises as indicated in the license application. Said notice shall be given by certified mail, return receipt requested, to the addressee set forth in said application, or personally upon said person. An occupant may also be given notice by posting same at the entrance to the facility.
C. 
Said notice shall give said persons 10 days to correct said violation and notification that, if the violation is not corrected within said time period, that the license shall be revoked.
D. 
If the person notified disputes the notice given on the revocation of said license, said person may make an appeal to the Mayor and Township Council by personally serving upon said Mayor and Township Council written notice, within five days after said notice of revocation, of the appeal and the basis of the appeal. The Mayor and Township Council shall hold a hearing and make a determination within 15 days of receipt of said notice. The decision of the Mayor and Township Council shall be final.
All such establishments subject to licensing pursuant to this chapter shall keep a register in which there shall be set forth in ink the name and last permanent address and signatures of each occupant, the number of the room to be occupied by each occupant and the name and address of any person or persons to be notified in case of emergency. Said register shall be available at all times to the authorized representatives of the Township. Registration in a false name is prohibited. Beside each registration, a notation shall be made to indicate whether an occupant is a disabled person or a person requiring some type of special care. Each holder of a license shall be required to submit a report to the Township Clerk every six months, which shall set forth the names of all occupants and the date of their arrival and departure at the establishment.
The refusal of any owner or operator of a boardinghome for sheltered care, boardinghouse or rooming house to permit an inspection by an authorized official of the Township shall be grounds for suspension of the license, and such suspension shall remain in effect until such time as the inspection has been permitted and completed.
Each boardinghome for sheltered care, boardinghouse and rooming house shall file an application for renewal of the license with the Township Clerk no later than June 1 of each year. Failure to file an application for renewal will be cause for suspension of the license until such an application has been filed and approved by the Mayor and Township Council pursuant to the provisions of this chapter.
Licenses issued under this chapter shall be posted in a conspicuous place at the address shown on said license. Said license shall remain posted for the duration of the licensing year when issued and so long as the licensed establishment remains in operation.
[Amended 4-29-2019 by Ord. No. 2019-3]
Each original and renewal application shall be accompanied by an annual license fee as set forth in Chapter 156, Fees. All licenses shall expire on the last day of June of each year and shall be renewable annually.
Within 90 days after final passage of this chapter, all existing boardinghomes for sheltered care, boardinghouses and rooming houses shall make application to the Township Clerk for a license to operate such an establishment. Existing boardinghomes which become properly registered in compliance with the provisions of this chapter shall be permitted to continue operation. The Township will issue a conditional license and provide an additional sixty-day time period to comply with the requirements of this chapter to all existing establishments on the date this chapter is approved, so long as the applicant demonstrates a good faith effort to comply, and health, safety and welfare of the occupants is not affected by such noncompliance.
Due to the size and population of the Township, the number of boardinghomes for sheltered care, boardinghouses and rooming houses is hereby limited to four in total, and the number of occupants in such an establishment shall not exceed eight occupants at any one time. This limitation on the number of such establishments shall not apply to existing facilities on the date this chapter is adopted which become properly licensed with the Township.
[Amended 4-29-2019 by Ord. No. 2019-3]
The fee(s) payable hereunder shall be as set forth in Chapter 156, Fees.
The fees herein imposed for boardinghomes for sheltered care, boardinghouses and rooming houses are revenue-producing in nature, but said fees are used in an effort to cover the cost of administration and the inspections of such establishments to insure compliance with the laws of the state and the ordinances of the Township.
It shall be the duty of the Code Enforcement Officer to enforce this chapter, together with other appropriate Township officials, and pursuant to that duty, to investigate any violation or alleged violation of this chapter coming to his attention, whether by complaint of third persons or from his own personal knowledge or observation. When any building is maintained or used in violation of any provision of this chapter, it shall be the duty of the Code Enforcement Officer to proceed with the enforcement of this chapter and the penalties provided hereunder. He may also, in his discretion, pursue such other statutory method or methods provided for this purpose, including institution of appropriate proceedings in a court of law to restrain, enjoin or prohibit violations or threatened violations. In enforcement of this chapter, the Code Enforcement Officer may also apply to the Municipal Court Judge for a warrant or warrants to search and inspect the premises upon which he has reason to believe any violation of this chapter has taken or is taking place, and upon probable cause shown, the Municipal Court Judge may issue such a warrant or warrants, and the information obtained pursuant thereto shall be admissible as evidence in any court of competent jurisdiction for the purpose of proving any case brought for violation of this chapter.
A. 
The regulations as set forth herein and the requirement of licensing shall not apply to an apartment building, which shall be defined as a building containing more than two separate apartments, each apartment having a separate and individual bathroom and kitchen and designed for one family occupancy and containing no dwelling units other than apartments.
B. 
Nothing herein contained shall apply to a hotel or motel as defined by applicable New Jersey law.
C. 
Nothing herein contained shall be applied so as to permit a boardinghome for sheltered care, boardinghouse or rooming house in an apartment building or any part thereof.
All applicants shall be required to comply with any other law, regulation or ordinance applicable to the operation of such a facility, including, but not limited to, the Department of Community Affairs standards regulating rooming houses and boardinghomes.