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Township of Little Falls, NJ
Passaic County
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Table of Contents
Table of Contents
[Adopted 10-19-2015 by Ord. No. 1231]
Dwelling units shall not be occupied by more occupants than permitted by the minimum occupancy area requirements of the table below.
Table 147-13
Minimum Occupany Area Requirements
Space
1-2 Occupants
(square feet)
3-6 Occupants
(square feet)
6 or More Occupants
(square feet)
Living Room
No requirement
120
150
Dining Room
No requirement
80
100
Kitchen
50
50
60
Bedrooms
Shall comply with § 147-14 herein
Every bedroom occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every bedroom occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor area for each occupant thereof.
Combined living room and dining room spaces shall comply with the requirements of Table 147-13 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
Kitchens, nonhabitable spaces and interior public areas shall not be occupied for sleeping purposes.
A. 
Authority. The Construction Official may perform an inspection to determine the conditions of buildings, dwellings, dwelling units, rooming and boarding units and houses, and premises located within the Township so that his or her duty of safeguarding the health and safety of the occupants of the buildings or dwellings and of the general public is performed. For the purpose of making such inspections, the Construction Official is authorized to enter a structure or premises at reasonable times to inspect. Prior to entering into a space not otherwise opened to the general public, the Construction Official shall make a reasonable effort to locate the owner or other person having charge or control of the structure or premises, present proper identification and request entry. If the request to enter is refused or not obtained, the Construction Official shall pursue recourse as provided by law.
B. 
Duty of owner or occupant. If an inspection has been scheduled by the property owner or his agent, the owner or occupant of the building, dwelling, dwelling unit, or the person in charge thereof, shall give the Construction Official free access to all at reasonable times for the purpose of performing an inspection, examination, or survey permitted under the Code to effect compliance with the provisions therein or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions herein.
C. 
Search warrant. The Construction Official may, upon affidavit, apply to the Municipal Court for a search warrant setting forth the factual circumstances that provide a reasonable basis for believing that a violation of the Code exists on the premises and if the Municipal Judge is satisfied as to the matter set forth in the affidavit, he or she shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the violation allegedly exists.
D. 
Nothing contained in this § 147-17 shall be construed to authorize any municipal official to enter a dwelling unit without the permission of the occupant for the sole purpose of determining whether the occupancy of the dwelling unit exceeds that permitted by law.
The landlord and all tenants of a dwelling unit at the time the occupancy thereof unlawfully exceeds the maximum permitted occupancy as calculated by the Code pursuant to Table 147-13 shall be issued a summons which carries a minimum fine of $265, plus court costs, payable through the Violations Bureau of the Municipal Court.