Borough of Fort Lee, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Derived from the Revised General Ordinances of the Borough of Fort Lee, 1978, adopted 3-1-1979, as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Housing Authority — See Ch. 68.
Apartment houses and building developments — See Ch. 145.
Builders and contractors — See Ch. 159.
Building construction — See Ch. 163.
Demolition of buildings — See Ch. 166.
Unsafe buildings — See Ch. 174.
Uniform Construction Codes — See Ch. 193.
Elevators — See Ch. 205.
Rental property — See Ch. 321.
Smoke and carbon monoxide detectors — See Ch. 349.
Swimming pools — See Ch. 368.
Tourist lodges, motels and hotels — See Ch. 377.
[Derived from Ch. X, Sec. 10-11, of the 1978 Code]
The Building Inspector is hereby designated to serve as the public officer to exercise the powers prescribed by the within article, and he shall serve in such capacity without any additional salary. As such public officer, the Building Inspector may appoint or designate such other employees of the borough to perform duties as hereinafter set forth that may be necessary to the enforcement of this article including the making of inspections and holding of hearings. However, all such appointments or designations are subject to the approval and consent of the Mayor and Council. The Board of Health is also designated a public officer to exercise the powers specifically assigned to it by the within article.
For the purpose of this article, the public officers may determine that a dwelling is unfit for human habitation if they find that conditions exist in such dwellings which are dangerous or injurious to the health or safety of the occupants of such dwelling, the occupants of neighboring dwellings or other residents of the borough. Such conditions may include the following (without limiting the generality of the foregoing): defects, therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light, or sanitary facilities; dilapidation; disrepair, structural defects or uncleanliness.
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code, as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's office, is hereby accepted, adopted and established as a standard to be used as a guide in determining the fitness of a building for human habitation or occupancy or use. Three copies of the New Jersey State Housing Code have been placed on file in the office of the Borough Clerk and are available to all persons desiring to use and examine the same.
No person shall occupy as owner-occupant or rent to another for occupancy any dwelling unfit for the purpose of living therein which does not conform to the provisions of the New Jersey State Housing Code established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
Whenever a petition is filed with the Board of Health by a public authority as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the borough charging that any dwelling is unfit for human habitation as herein defined, or whenever it appears to a public officer (on his own motion) that any dwelling is unfit for human habitation, as herein defined, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such dwelling a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Board of Health at a place therein fixed not less than 10 days nor more than 30 days after the serving of said complaint; that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the time and place fixed in the complaints; and that the rule of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Board of Health.
If, after such notice and hearing, the Board of Health determines that the dwelling under consideration is unfit for human habitation, as herein defined, it shall state its findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order requiring:
A. 
The repair, alteration or improvement of the building to be made by the owner, within a reasonable time, which time shall be set forth in the order, or, at the option of the owner, to vacate or to have the building vacated and closed within the time set forth in the order.
B. 
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve the building within the time specified in the order, that the owner remove or demolish the building within a reasonable time as specified in the order of removal.
C. 
That, if the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the building, the Board of Health may cause such building to be repaired, altered or improved, or to be vacated and closed; that the Board of Health may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."
D. 
That, if the owner fails to comply with an order to remove or demolish the building, the Board of Health may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefor.
E. 
That the amount of:
(1) 
The cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceeding taken under this article determined in favor of the municipality; and
(2) 
Such cost of such repairs, alterations or improvements, or vacating and closing or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the Board of Health, it shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits of the sum total or if such costs exceed the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Municipal Tax Assessor or other custodian of the records of tax liens and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the Board of Health, shall be secured in such manner as may be directed by such Court and shall be disbursed according to the order or judgment of the Court to the persons found to be entitled thereto by final order or judgment of such Court; provided, however, that nothing in this article shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. Any owner or party in interest may, within 60 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
Complaints or orders issued pursuant to this article shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, the public officer shall make an affidavit to that effect; then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the County of Bergen. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order, and a copy of such complaint or order shall be duly recorded or lodged for record with the county recording officer of the county in which the dwelling is located.
Apart from the provisions set forth in §§ 246-5 and 246-6, applicable to a claim that a dwelling is unfit for human habitation, the following provision governs:
A. 
Whenever a public officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this article, or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall be put in writing; specify the violation or violations committed; allow a reasonable time not to exceed 30 days to correct or abate the violation or violations; and be served upon the owner or his agent, or the occupant, as the case may require; provided that such notice shall be decided to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally; or if a copy thereof is sent by registered mail to his last known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or if he is served with such notice by any other method authorized or required under the laws of this state. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article and with rules and regulations adopted pursuant thereto.
B. 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Board of Health, provided such person shall file in the office of the Board of Health a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition the Board of Health shall set a time and place for such hearing and shall give the petitioner written notice of such time and place. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed; provided that upon application of the petitioner the Board of Health may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in its judgment, the petitioner has submitted a good and sufficient reason for such postponement. After such hearing the Board of Health shall sustain, modify, or withdraw the notice, depending upon its findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with. If the Board of Health sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this article shall automatically become an order if a written petition for a hearing is not filed in the office of the Board of Health within 10 days after such notice is served. The proceedings at such hearing, including the findings and decision of the Board of Health, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Board of Health. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Board of Health may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
Notwithstanding the aforesaid notice provisions, whenever a public officer finds that an emergency exists which requires immediate action to protect the public health or safety, it may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provision of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Board of Health shall be afforded a hearing as soon as possible. After such hearing, depending upon its findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with, the Board of Health shall continue such order in effect, or modify it, or revoke it.
For the purpose of determining if a dwelling is unfit for human habitation and for the purpose of determining if any other violation of this article exists, the public officers are hereby authorized and directed to make inspections to determine the conditions of dwellings, dwelling units, rooming units, and premises located within the borough in order that they may perform their duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections and for the purpose of determining if dwelling is unfit for human habitation, the public officers are hereby authorized to enter, examine and survey at all dwellings, dwelling units, rooming units, and premises in accordance with the following manner:
A. 
All buildings and premises subject to this article must be available and accessible for such inspections and the owner, operator and occupant are required to provide the necessary arrangement to facilitate such inspections. Such inspections shall be made between 9:00 a.m. and 5:00 p.m, unless one of the following conditions exits:
(1) 
The premises are not available during the foregoing hours for inspection;
(2) 
There is reason to believe that violations are occurring on the premises which can be only apprehended and proven by inspection during other than the prescribed hours or which require immediate inspection after being reported, such as failure to supply heat;
(3) 
There is reason to believe a violation exists of a character which is an immediate threat to health or safety, requiring inspection and abatement without delay.
B. 
The public officers or any delegated inspector shall be supplied with official identification and upon request shall exhibit such identification when entering any dwelling unit, rooming unit or other part of the premises subject to this article. Such inspectors shall conduct themselves so as to avoid intentional embarrassment or inconvenience to the occupants. They shall explain the purpose of their visit to the occupants.
C. 
Where any public officer or duly appointed inspector is refused entry or access or is otherwise impeded or prevented from conducting an inspection pursuant to this article by the owner, operator, or occupant of any premises, such public officers may, upon affidavit, apply to the Judge of the Municipal Court of the Borough of Fort Lee for a search warrant. If the Judge is satisfied as to the matter set forth in the affidavit, and if he finds that probable cause for issuance of the search warrant exists, he shall authorize the issuance of a search warrant permitting access to and inspection of the particularly described building or all the buildings in a particularly described area. Probable cause permitting the issuance of the aforesaid search warrant may include but is not limited to the following:
(1) 
The passage of time; or
(2) 
The nature of the building or buildings; or
(3) 
The condition of the entire area; or
(4) 
A valid public interest; or
(5) 
Belief that a nuisance is maintained; or
(6) 
Belief that a violation of this article is maintained.
The Board of Health is hereby authorized and empowered to make and adopt such written rules and regulations as it may deem necessary for the proper enforcement of the provisions of this article, provided that such rules and regulations shall not be in conflict with the provisions of this article, nor in anywise alter, amend or supersede any of the provisions thereof. The Board of Health shall file a certified copy of all rules and regulations which it may adopt in its office and in the office of the Borough Clerk.
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be liable to the penalty in Chapter 1, Article III, § 1-17.
Nothing in this article shall be construed to abrogate or impair the power of the borough or any officer or department to enforce any provisions of its Charter, or its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this article shall be in addition and supplemental to the powers conferred upon the borough by any other law or ordinance.
[Derived from Ch. X, Sec. 10-13, of the 1978 Code]
A. 
Except as provided in Subsection B below, all definitions applicable to this article shall have the same meaning as set forth in N.J.A.C. 5:10-2.2, as prepared by the New Jersey Department of Community Affairs, and as same may be from time to time amended by the Department of Community Affairs, a copy of which is annexed hereto and made a part hereof without the inclusion of the text herein.
B. 
The following definitions set forth in N.J.A.C. 5:10-2.2 are hereby amended to read as follows:
APPROVED
Approved by the Construction Code Official of the borough or his duly authorized representative.
AUTHORIZED INSPECTOR
The Construction Code Official of the borough or his duly authorized representative.
BUILDING INSPECTOR
The Construction Code Official of the borough or his duly authorized representative.
COUNCIL
The Mayor and Council of the borough.
PERMIT
A written document issued by the Building Inspector authorizing the construction or alteration or demolition of a building, or the installation, alteration or use and operation of service equipment therein.
REGULATIONS
All provisions of this article.
C. 
All references to "board," "commissioner," "department" or "division" as used in this article shall mean the Building Inspector or the office of the Building Inspector of the borough.
A. 
Owners, including agents of owners, managing agents and superintendents shall have the general duties outlined herein for the maintenance of the premises, and no such person shall be relieved from any such responsibility hereunder by reason of the fact that an occupant or other person shall have similar responsibilities or shall have failed to report any violation, nor shall any such person be relieved of any responsibility by the terms or provisions of any lease, contract or agreement.
B. 
Occupants and, to the extent provided herein, members of their families or other persons living on the premises shall have the general duties outlined herein for occupants for the maintenance of the premises, and no such person shall be relieved from any such responsibility by reason of the fact that any owner or operator shall have similar responsibilities, nor shall any person be relieved of any responsibility by the terms or provisions of any contract, lease or agreement.
C. 
No person shall intentionally cause any service, facility, equipment or utility which is required to be supplied under these regulations to be removed from or shut off from or discontinued in, or, after knowledge of the same, to allow to remain out of use or unavailable for, any occupied unit of dwelling space, except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during temporary emergencies when discontinuance of service is caused by any public utility, public agency or approved by the Building Inspector. Repairs shall be performed expeditiously to minimize inconvenience to occupants.
D. 
In any premises subject to either the Horizontal Property Act (N.J.S.A. 46:8A-1 et seq.) or the Condominium Act (N.J.S.A. 46:8B-1 et seq.), the council of co-owners or condominium association, as the case may be, shall have the duties of an owner as set forth in this article. However, any such council or association shall only be required to abate those violations which pertain either to the common areas or common elements or which it has the right, pursuant to contract or otherwise, to require the owner of the individual unit to abate. Owners of individual units shall be responsible for the abatement of violations pertaining only to each such unit, provided, however, that the responsibilities of the dwelling unit owner and of the council or association may be concurrent.
A. 
Occupants shall prevent violations of this article as follows:
(1) 
An occupant shall, in addition to complying with all provisions of this article applicable to him, be responsible for violations of this article to the extent that he has the power to prevent the occurrence of a violation or assist in abating the violation. An occupant has the power to prevent the occurrence of a violation if:
(a) 
It is caused by his own willful act or the willful act of a member of his family or household, or of his guest; or
(b) 
It is the result of his negligence, neglect or abuse, or the negligence, neglect or abuse of a member of his family or household, or his guest.
(2) 
The occupant, any member of his family or household, or his guest shall, with respect to the public parts of the premises, be liable if a violation is caused by his own willful act, gross negligence, neglect or abuse.
(3) 
Every occupant of each unit of dwelling space shall give the owner thereof or his agent or employees access to any part of the unit of dwelling space upon reasonable notification, which under ordinary circumstances shall be one day for multiple dwellings, except immediately for hotels, for the purpose of making such inspection and such repairs or alterations as are necessary to effect compliance with the law and this article. In case of safety or structural emergencies immediate access shall be given.
(4) 
All items stored by occupants in any area provided for common storage by occupants of more than one unit of dwelling space shall bear the name and dwelling unit number of the occupant storing the item or items. It shall be the responsibility of the occupant to label each item and maintain it labeled. Materials stored in such areas shall be secured against becoming sources of infestation and shall not be placed near electrical or heating devices or equipment or similar possible sources of fire or otherwise create a hazard.
B. 
Upon discovery by an occupant of any conditions on the premises, failure of services, or defect in any equipment, which constitutes a violation thereof, the occupant shall report same promptly to the owner or to the superintendent having charge of the premises and/or to the Building Inspector.
C. 
No occupant or any other person shall:
(1) 
Remove or render inoperative any self-closing device on any door which is required by any provision of law to be self-closing, or cause or permit such door to be held open by any device;
(2) 
Place any encumbrances on or obstruct any means of egress;
(3) 
Take down, obscure, alter, destroy, or in any way deface any notice, certificate or sign required by these regulations to be displayed;
(4) 
Cause any breach or substitution of materials which would impair any fire wall or partition required for fire protection;
(5) 
Destroy safety equipment, empty fire extinguishers or remove fire hoses from racks.
D. 
Occupants shall place all garbage within the receptacle provided for garbage disposal. Where janitorial service is not required, they shall place all containers with sufficient frequency to avoid an unsanitary accumulation in the exterior area or areas set aside for the same. Garbage, rubbish and other refuse shall not be thrown out of windows or down dumbwaiters, nor shall garbage and refuse be set out on stairways or fire escapes or in common hallways.
E. 
Occupants of each unit of dwelling space shall be responsible to the extent of their own use and activities for keeping the interior thereof safe and sanitary. Occupants shall prevent any accumulation of garbage or waste matter which may become a source of infestation, a fire hazard or block access to the means of egress from the unit.
(1) 
Every occupant shall maintain all plumbing fixtures used by him in a clean and sanitary condition, shall not deposit any material in any fixture or sewer system which would cause stoppage or damage to properly maintained fixture or sewer systems and shall be responsible for the exercise of reasonable care in the proper use and operation of such fixtures.
(2) 
Occupants shall not damage, remove or destroy screens needed for the building.
F. 
Every occupant of any unit of dwelling space shall be responsible for removing conditions resulting from the occupant's own activities or which may result in infestation conditions which are subject to and under his exclusive control.
G. 
Every occupant shall be liable for willfully or maliciously causing damage to any part of the premises which results in a violation of these regulations. Any adult occupants shall be responsible and liable for any violation of this article caused by minors under their care or custody occupying the same unit of dwelling space if the violations were created or permitted to continue with the knowledge or acquiescence or consent of the adult member.
H. 
No occupant shall cause excessive grease, soot or other foreign matter to accumulate on side walls, ceilings or other exposed room surfaces by improper use of heating or cooking equipment. Cooking equipment shall be kept clean, free of garbage, food particles, and grease. Hoods, fans and ducts used in conjunction with cooking facilities shall be kept free of grease and other flammable materials and shall be cleaned by the occupants as frequently as is necessary to eliminate fire hazards.
I. 
Where any occupant undertakes by contract or as a condition of his lease to supply his own heat through a furnace or boiler which also heats any unit of dwelling space occupied by other persons, the occupant shall be responsible in the same manner as the owner for supplying heat in accordance with the provisions of this article.
J. 
No occupant shall occupy or permit the occupancy of any unit of dwelling space in violation of the occupancy standards established under § 246-21 of this article. No occupant shall cook in any unit of dwelling space except where all the required cooking facilities are installed as required under § 246-20 of this article. No occupant shall occupy or continue to occupy a unit of dwelling space that does not have provision for bathroom and toilet room facilities as required by § 246-20B and C of this article.
K. 
No occupant shall utilize any area outside of his dwelling space for storage purposes except where so designated for such use in accordance with these regulations. Combustible materials shall either be stored in a fire-resistant compartment with a one-hour fire rating or stored or packed in containers in such a manner as to eliminate such materials as a fire hazard.
A. 
General duties are as follows:
(1) 
The owner of any hotel or multiple dwelling shall be responsible at all times for keeping all parts of the premises occupied by himself or other persons, to the extent of his responsibilities described herein, clean and free of infestation and hazards to the health or safety of occupants and other persons in or near the premises.
(2) 
The owner of any hotel or multiple dwelling shall be responsible for avoiding, eliminating or abating any noises, light, odors, radiations or vibrations arising out of the use or occupancy of the premises which shall constitute a nuisance that is harmful or potentially harmful to the health and well-being of persons of ordinary sensitivity occupying or using the premises.
(3) 
Every unit of dwelling space shall be so maintained as to be fit for human use and habitation and to prevent progressive deterioration of the unit to the detriment of the health, safety and well-being of its occupants.
(4) 
The exterior of the premises and all structures thereon shall be kept free of all nuisances, unsanitary conditions, and any hazards to the safety or health of occupants, pedestrians and other persons utilizing the premises, and any of the foregoing conditions shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of such conditions which include but are not limited to the following:
(a) 
Brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, refuse and debris.
(b) 
Dead and dying trees and limbs or other natural growth which by reason of rotting or deteriorating conditions or storm damage constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
(c) 
Loose and overhanging objects and accumulations of ice and snow which by reason of location above ground level constitute a danger of falling on persons in the vicinity thereof.
(d) 
Holes, excavations, breaks, projections, obstructions, litter, icy conditions, uncleared snow and excretion of pets and other animals on paths, walks, driveways, parking lots and parking areas and other parts of the premises. Holes and excavations shall be filled and repaired, walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery.
(e) 
Accumulations of water, vegetation or other matter which might serve as a source of food or as a harboring or breeding place for infestation.
(f) 
Walks, courts and other paved areas shall be kept clean and free of litter, dirt, mud or other conditions hazardous to pedestrians.
(5) 
All parts of the premises shall be so graded and, where necessary, provided with runoff drains and other means to carry off and dispose of surface waters in such a manner as to eliminate any recurrent or excessive accumulation of stormwater on the premises, without causing excessive accumulations of water on adjoining properties.
(a) 
Parts of the premises regularly used by occupants shall drain within one hour of the termination of any storm creating surface waters.
(b) 
Other parts of the premises not covered under Subsection A(5)(a) of this section shall drain within six hours of the cessation of any such storm.
B. 
Maintaining structural soundness as follows:
(1) 
Buildings and parts thereof shall be maintained so as to be capable of sustaining safely their own weight and the loads to which they may be subject so that loads are transmitted to the soil without undue differential settlement, unsafe deformation or movement of the building or any structural part thereof.
(2) 
Foundations of all structures shall be kept, maintained and repaired to eliminate all exposed holes, cracks and other defects so that the foundation shall be at all times capable of resisting the penetration of liquids into the building and be weathertight and serve to protect the building against infestation. They shall also be maintained to prevent or correct erosion around footings.
(3) 
The exterior of every structure or accessory structure, fence or other improvement on the premises shall be kept in good repair and all exposed surfaces thereof subject to deterioration shall be protected against weathering or deterioration by a protective coating appropriate for the particular material involved as needed:
(a) 
All exterior windows and window frames shall be painted with at least one coat of suitable exterior paint or other preservative as needed except where constructed of an approved atmospheric corrosion-resistant metal or other equivalent material.
(b) 
The exterior surfaces shall be maintained to eliminate conditions reflective of deterioration or inadequate maintenance, such as broken glass, loose shingles, crumbling stone or brick or excessive peeling of paint.
(c) 
The exterior of the building shall be free of loose material that may create a hazard by falling on persons utilizing the premises.
(4) 
All exterior walls, roofs, windows, window frames, doors, door frames, skylights, foundations and other parts of the structure shall be maintained so as to keep water from entering the structure, to prevent excessive drafts or heat loss during cold or inclement weather and to provide a barrier against infestation. Damaged or badly worn material shall be repaired or replaced, and places showing signs of rot, leakage, deterioration or corrosion shall be treated or restored to prevent weathering or seepage.
(5) 
Leaders and drainpipes shall be securely fastened to the building and maintained in good condition, free of leaks, kept clean and free of obstructions and shall direct stormwaters into draining systems and away from the foundation walls of the structure.
(6) 
Chimneys and flues and vent attachments shall at all times be maintained:
(a) 
Structurally sound and free from defects;
(b) 
To provide sufficient draft to exhaust the rated output of the connected equipment;
(c) 
Smoke-tight and capable to withstanding the action of flue gases to which they are subject;
(d) 
On a continuing basis in the condition required at the time of installation.
(7) 
Railings shall be installed at all hazardous locations as herein defined and shall be of the types and meet the standards herein required:
(a) 
Handrails. All stairways having three or more risers shall have handrails which are to be securely fastened to walls or guard rails, and, unless continuous, shall be returned to the enclosure walls or posts at the end of the stairs. All stairways 44 inches or more in width shall have continuous handrails on both sides; stairs less than 44 inches wide may have a handrail on one side only. In assembly occupancies, when the stairway width exceeds 88 inches, the stairways shall be provided with intermediate handrails dividing the stairway in approximately equal widths with a maximum lateral spacing of 66 inches.
[1] 
A height of the handrail shall not be less than 30 inches and shall not project more than 34 inches above the nosing of treads.
[2] 
Handrails shall provide a finger clearance of 1 1/2 inches and shall not project more than 3 1/2 inches into the required stair width.
(b) 
Stair rails shall be provided on the exposed side of any interior or exterior stairway. The height of the stair rail shall not be less than 27 inches nor more than 33 inches in height.
(c) 
Guard rails shall be provided on exterior corridors, balconies, landings or porches having more than a three-foot drop to the adjoining level. The height of the guard rail shall not be less than 40 inches in height.
[1] 
Exception: In an instance of a rail protecting a level 35 feet or less above exterior grade where a special case can be made that the existing rail is sufficient to protect the safety of persons, the Building Inspector may permit a rail less than 30 inches in height.
[2] 
Guards shall be constructed so that the area in the plane of the guard, from the top of the tread to the top of the guard, is subdivided or filled in one of the following methods:
[a] 
A sufficient number of intermediate longitudinal rails constructed so that the clear distance between rails (measured at right angles to the rail) does not exceed 16 inches (measured vertically) from the tread nosing; or
[b] 
Balusters spaced not more than eight inches apart; or
[c] 
Panels of wire mesh, or expanded metal, or ornamental grills which provide protection equivalent to that provided by the intermediate rails or balusters specified in the two preceding subsections; or
[d] 
Walls; or
[e] 
Any combination of the foregoing.
C. 
Exterior lighting shall be maintained as follows:
(1) 
Every garage or other accessory structure regularly utilized by occupants after dark shall be equipped with artificial lighting which shall be maintained and operated so as to render all parts of the garage visible to occupants and also to illuminate all areas commonly used by occupants sufficiently to enable persons of normal vision to traverse from such areas safely to the point of egress from the garage. In all such garages or structures lighting as required herein shall be kept on continually from 1/2 hour before sunset to 1/2 hour after sunrise unless the lighting is connected to a dusk-to-dawn photoelectric control device. Illumination of common areas shall be situated so as not to shine into adjacent dwelling units.
(2) 
Exterior parking areas, pedestrian walkways or other portions of the premises subject to regular and recurrent use by occupants at night shall be illuminated continually from 1/2 hour before sunset to 1/2 hour after sunrise, unless the lighting is connected to a dusk-to-dawn photoelectric control device to enable safe passage of persons of normal vision.
(3) 
The operation of normally required exterior lighting fixtures will not be required unless failure to operate the fixtures poses a possible danger to the residents of the hotel or multiple dwelling in question, or the public generally.
D. 
Maintenance of interiors shall be as follows:
(1) 
Basements, cellars and crawl spaces are to be free of moisture resulting from liquid penetration from the exterior and shall be provided with ventilation as required herein to prevent accumulations of moisture and dampness. Floors of basements and cellars shall have a permanent surface that is water resistant and capable of being kept broom-clean so as not to create a safety hazard. Subcellars and crawl spaces which are neither usable nor occupiable need not be permanently surfaced.
(2) 
All floors, walls, ceilings and other surfaces shall be kept in good repair; that is, free from cracks, breaks, split or splintering boards or woodwork, leaks of any type of liquid, loose plaster, flaking or peeling paint or other materials. Loose, defective or rotting sections shall be removed and replaced so that the joint between the repair and the sound material is made flush and smooth.
(a) 
Floors, walls, ceilings and other exposed surfaces shall be kept clean, free from visible foreign matter, sanitary and well-maintained at all times. If necessary to accomplish the foregoing, these surfaces shall be kept painted, whitewashed, papered, covered or treated with sealing materials or other protective coatings as needed.
(b) 
Interior walls, ceilings and other exposed surfaces in units of dwelling space shall be kept smooth, clean, free of flaking, loose or peeling paint, leaks of any type of liquid, plaster or paper and capable of being maintained free of visible foreign matter, vermin, and in a sanitary condition. If and where necessary to accomplish the foregoing or any part thereof, by reason of the surface material, such interior surfaces shall be spackled, painted, papered or otherwise provided with a protective coating as needed. The interior of every dwelling unit must be painted at least once every three years. This is the obligation of the owner and cannot be avoided by a defense that the owner has owned the property for less than three years. If an occupant does not want the owner to paint his unit, then the occupant must sign a waiver which shall indicate that the occupant relieves the owner of his liability to paint the dwelling unit under this article. No such waiver shall be effective unless the unit has been painted (either by the owner or an occupant) within the past six years. Except where housekeeping services are provided, normal housekeeping as required for the maintenance of cleanliness and sanitation within individual units of dwelling space of multiple dwellings shall be the responsibility of the occupants pursuant to § 246-16E of this article and shall not in the absence of an order issued by the Building Inspector be the responsibility of the owner.
(3) 
Means of egress shall be maintained so as to comply with the exit requirements of the law effective and applicable as of the date of construction or of conversion to a hotel or multiple dwelling. However, there shall not be less than two independent exits, remote from each other, from every floor of a building, except that only one exit may be provided from floors that are not more than 16 feet above exterior grade in buildings not more than two stories or 30 feet in height. Stairways shall be maintained to support a live load of 100 pounds per square foot and walking surfaces shall be maintained free of hazards, such as loose steps, loose or uneven treads, torn carpeting, raised strips and nonuniform risers. There shall be a railing to provide support and protect persons from falling off the stairways or landings; hallways, fire escapes, stairs, landings and passages and other common areas shall be kept open for unrestricted passage.
(a) 
When fire escapes, interior or exterior stairs are installed to provide a required means of egress, they shall conform to applicable construction codes of the New Jersey Uniform Construction Code.
(4) 
All doors shall be so maintained that they can be readily opened and closed.
E. 
Waste disposal shall be as follows:
(1) 
Except where an alternative method providing equivalent health and safety methods is utilized, such as incineration or compaction, there shall be provided for each multiple dwelling noncorrosive impervious and noncombustible receptacles sufficient in size and number to contain waste accumulated in each separate building, pending collection, either in conformance with the municipal collection schedule or, in the absence thereof, twice weekly. The receptacles shall be so constructed as to hold their contents without leakage and shall be provided with tight-fitting covers and handles.
(2) 
Receptacles for the collection of garbage shall be located so as not to constitute a hazard and located so as to be accessible to the collecting agency.
(3) 
Garbage collection receptacles shall be kept covered, shall be maintained in good repair and shall be kept in the area designated for storage of such receptacles. All such receptacles shall be cleaned and disinfected at least once a week.
(4) 
Disposal of materials not fitting into or appropriate for receptacles, such as newspapers, wrapping paper and other inorganic wastes which are likely to be blown or scattered about the streets, shall be secured to prevent littering. Other objects and material, which because of bulk or size do not fit into receptacles, shall be placed out for collection only at such places as are designated for that purpose and at such times as shall assure their prompt removal by the collection service available to the building.
(5) 
Dumbwaiters where existing shall be kept operable and available as part of the garbage disposal system which would be rendered more serviceable by their use. Dumbwaiters where existing shall be equipped with a self-closing door with such fire rating conforming to the following requirements:
(a) 
Dumbwaiters: Shaft enclosure of dumbwaiters having a car area of less than nine square feet, which travel through more than one story and serve two or more adjacent floors, shall be enclosed with construction of two-hour fire resistance.
(b) 
Special dumbwaiters: Shaft enclosures of dumbwaiters not more than three square feet in area, having a load capacity of not more than 25 pounds per square foot serving not more than two adjacent floors, shall be constructed of approved noncombustible materials without fire resistance rating.
(c) 
Every existing device shall be maintained and inspected to the requirements specified in ANSI A17.1.
F. 
Screens suited to protect the interior of the building against mosquitoes, flies and other undesirable insects shall be provided and kept in good repair for each exterior door and each openable window in habitable and occupiable rooms and common areas. Screens shall be installed and maintained by the owner on all such doors and windows at least from May 1 to October 1 of each year. All screens required pursuant hereto shall be affixed either to the window frame or to the upper sash and window frame. Fixed windows need not be provided with screens. The provisions of this subsection do not apply to:
(1) 
Exterior doors which do not provide any portion of the minimum ventilation area of at least 5% of the floor area of the room or space ventilated.
(2) 
Areas used for storage purposes only.
G. 
Managerial and maintenance personnel requirements are as follows:
(1) 
The owner shall have the positive responsibility of providing, either by his own direct efforts or by hiring others qualified to so serve, a person or persons able by training or experience to discharge the duties and responsibilities outlined for owners under this article.
(a) 
Any managing agent, in charge of the leasing or renting of space and the general management and operation of the premises, shall be competent to provide supervision of the management and operation of the building in accordance with these regulations.
(b) 
In a multiple dwelling of nine or more dwelling units, the owner shall either perform the janitorial services himself, if he is a resident/owner, or provide a janitor, or provide for janitorial services to be performed on a twenty-four-hour-a-day basis in a manner approved by the Building Inspector in accordance with the following schedule:
Units of
Dwelling Space
Full Time
Personnel or Equivalent
9 to 100
One
101 to 150
Two
151 to 225
Three
226 to 325
Four, plus one for each 100 additional units of dwelling space
(c) 
Unless either the owner or the janitor resides on the premises, the owner of a multiple dwelling or his managing agent in control shall post and maintain in such dwelling a legible sign, conspicuously displayed, containing the janitor's name, address (including apartment number) and telephone number. A new identification sign shall be posted and maintained within five days following a change of janitor. The owner or managing agent in control shall cause all persons acting as superintendents, janitors, caretakers and all persons or entities providing janitorial services to the dwelling to register with the Building Inspector. The owner or managing agent in control shall also make available and known to all tenants and the Building Inspector the name of an alternative individual who shall be responsible during the absence of the superintendent, janitors or caretaker.
(d) 
The person who performs janitorial services for a multiple dwelling of nine or more dwelling units [other than where janitorial services are performed on a twenty-four-hour-a-day basis under Subsection G(1)(b) of this section] shall reside in or within a distance of one block or 200 feet from the dwelling, whichever is greater, unless the owner resides in the multiple dwelling.
(e) 
Where necessary to assure compliance with this article and other provisions of law affecting multiple dwellings and hotels, there shall be a full-time person or employee responsible for providing janitorial services as defined herein. The owner shall provide additional personnel as may be required to assure proper maintenance and compliance with this article.
(f) 
All personnel responsible for enabling the owner to meet the requirements of this article shall be by reason of training or experience competent to perform the duties entrusted to him, familiar with the requirements contained herein and not unable or unwilling to discharge the duties by reason of any physical or mental incapacity or disability or personal habits inconsistent with such duties.
(2) 
Without relieving the owner of any responsibility placed by this article on the owner, any person undertaking for and on behalf of the owner any responsibilities for the operation and maintenance of the premises shall thereby assume concurrently with the owner responsibilities for the premises and be subject to penalty for failure to comply with any regulation or order relating to any item or matter within the responsibilities so assumed.
(a) 
Where the owner has vested any other person with active management or control of the property and the owner either by his physical absence or unavailability to the premises has left such person in charge thereof, or by reason of any other arrangement with such person the owner does not actively engage in the day-to-day conduct or operation of the premises, then such person assuming management shall be responsible as the agent of the owner for compliance thereto.
(b) 
Where there is present on the premises or available to the premises a person whose duties and authority do not comprise overall control of the management of the premises, but such person is designated by the owner as the person responsible for the day-to-day physical upkeep and maintenance of the premises, then such person shall be liable concurrently and jointly with the owner and any managing agent for such matters as shall constitute routine maintenance and upkeep of the premises for any other matters pertaining to the maintenance of the premises entrusted to such person by the owner or management and for apprising the owner or managing agent promptly of any other and further matters such as major repairs, structural improvements and capital investments which are beyond such person's authority and competence to undertake, and which, if not done, constitute violations of this article or hazards to the health, safety or well-being of occupants.
(3) 
The person in regular attendance on the premises and responsible for providing janitorial or maintenance duties as required by this subsection shall provide the following services:
(a) 
Setting out and returning waste disposal receptacles and avoiding leaving receptacles on days where there is no pickup;
(b) 
Providing regular daily care for all common areas including removal of garbage, litter or other accumulations;
(c) 
Attending to sidewalks, pedestrian walkways, parking areas and driveways and, in case of snow or ice, to permit safe passage in and out of the premises for vehicles and pedestrians;
(d) 
Operating of the equipment designated to provide heat as required under these regulations; and
(e) 
Such other and further routine operational and maintenance service as is required of the owner to comply with these regulations.
H. 
Elevator service shall be as follows:
(1) 
All elevators shall be so maintained as to meet the standards established and set forth in ANSI A17.1. The elevator doors, flooring, safety devices and operating mechanisms shall be maintained in good working order and free of hazards.
(2) 
All elevators and elevator equipment and accessory devices shall be provided with preventative maintenance and inspections as required by ANSI A17.1.
(3) 
Elevator service shall not be suspended except where unavoidable or where necessary to provide servicing or repairs and then only for the minimum period of time necessary to effectuate such servicing or repairs. Where the owner has knowledge in advance of such suspension, he shall post a notice of the same advising all occupants of the time and duration of any such suspension and the reason therefor.
(4) 
Retroactive provisions.
(a) 
Emergency interlock release switch. Emergency interlock release switches in elevator cars, where provided, shall be of the key-operated continuous-pressure type and all other types not in use shall be removed or replaced with approved key-operated, continuous-pressure-type switches.
(b) 
Machines, belt and chain-driven. Single-belted and chain-driven machines shall be permitted only on freight elevators and only when equipped with electrically released spring applied brakes and with terminal stopping devices as required in ANSI A17.1.
(c) 
Machines, drum winding. Drum winding machines shall be equipped with electrical machine limits as set forth in ANSI A17.1.
(d) 
Car gate switches, addition, replacement or relocation of. Car gate electric contacts where such devices are not provided or are found to be tied or blocked so as to render them inoperative shall be added, replaced or relocated as required by the Building Inspector. Installation or replacement of car gate electric contacts shall conform to the requirements of ANSI A17.1.
(e) 
Passenger elevator hoistway-door interlocks. All existing passenger elevators not presently equipped with hoistway doors having door interlocks shall be provided with hoistway landing doors equipped with approved type hoistway door interlocks conforming to the requirements of ANSI A17.1. Approved type interlock switches may be installed in connection with existing hoistway door closers, provided the combination door closers and interlocks conform to all the requirements for approved hoistway-door interlocks. The use of elevator parking devices and hoistway door unlocking devices for opening hoistway doors from the landing side shall conform to the requirements of ANSI A17.1.
[1] 
Exceptions: Interlocks or electric contact shall not be used on hydraulic elevator landing doors or gates except where such elevators are provided with electric control and operating devices.
(f) 
Emergency signal. Automatic operation elevators or any elevator operated at any time without a designated operator shall be provided with an audible emergency signal.
(g) 
Mirrors. In all hotels and multiple dwellings in which there are one or more self-service elevators there shall be affixed and maintained in each elevator a mirror which will enable persons prior to entering into such elevator to view the inside thereof to determine whether any person is in such elevator.
I. 
Duty of owner to eliminate and prevent infestation shall be as follows:
(1) 
Every owner shall be responsible for the eradication of insects, rats or other pests when the infestation exists in one or more units of dwelling space or in common areas. All buildings subject to these regulations shall be maintained in a condition free from infestation. Such ratproofing and pest extermination shall include but is not limited to the following:
(a) 
Prevention of entrance by blocking off or stopping up at passages by which rats or other vermin may secure entry from the exterior with rat-impervious material;
(b) 
Prevention of interior infestation by elimination of sources of food and access thereto;
(c) 
Prevention of any vertical travel of vermin through pipe chases or other similar methods of travel.
(2) 
All hotels and multiple dwellings shall be subject to periodic procedures for the prevention and elimination of infestation by persons qualified to conduct such procedures no less frequently than once annually and more frequently where there is recurring evidence of infestation.
J. 
Electrical service requirements are as follows:
(1) 
There shall be maintained in good operational condition in every multiple dwelling and hotel electrical service which shall comply with the electrical requirements in effect at the time the structure first became a multiple dwelling or hotel.
(2) 
For existing hotels and multiple dwellings there shall be provided and hereafter properly maintained as required by the National Electrical Code:
(a) 
Over-current protection devices for the electrical system on the premises;
(b) 
Wiring and connections conforming with the National Electrical Code;
(c) 
Under no circumstances shall the capacity of over-current protection devices exceed the rated capacity of all connected wiring as determined by the National Electrical Code.
(3) 
No extension lines not sized and protected in accordance with the requirements of the National Electrical Code shall be utilized.
(4) 
There shall be available in each habitable room sufficient electrical outlets to enable occupants to utilize the room for the function for which it is designed without use of loose cords or extension lines prohibited in Subsection G(3) of this section.
(5) 
The electrical system over-current protection devices and all other parts thereof shall be provided with preventive maintenance and inspections by persons qualified to provide the same.
K. 
Artificial lighting requirements are as follows:
(1) 
All interior common areas on the premises utilized by occupants or likely to be used by persons frequenting the premises shall be equipped with lighting so that during periods of darkness all such parts and areas shall be sufficiently illuminated to enable persons of normal vision to traverse such areas safely and to perform therein the functions for which the parts or areas are designed. Light switches in exitways, including corridors, hallways, landings, stairways and vestibules, shall be of a type that may not be operated by occupants or persons frequenting the premises.
(2) 
Lighting fixtures, wall plates and other electrical facilities in bathrooms and toilet rooms shall be of the type or so located and maintained that there will be no danger of short circuiting from splashing of water from any facility therein. No such fixtures shall be located so as to be reached from a bathtub or shower enclosure.
L. 
Heating requirements are as follows:
(1) 
Every unit of dwelling space shall contain facilities to provide heat sufficient to maintain a minimum inside temperature of 68º F. in all habitable rooms, measured at least one foot away from any surface at the coldest portion of the space, subject to regular use by occupants of any such room when the outside temperature is at design winter conditions. The provision shall not apply to units of dwelling space which are neither occupied nor intended to be occupied between November 1 and the next succeeding May 1.
(2) 
Where the Building Inspector determines that the facilities are of inadequate size or capacity to accomplish the foregoing, the owner may be ordered to either increase the capacity of the heating system, provide additional insulation or take such other or further steps as will enable the heating system of the unit to satisfy this requirement; provided, however, nothing herein shall be construed as authorizing loss of habitable space to an extent that would create a violation of this article.
(3) 
The heating equipment, facilities and system and all parts thereof shall be kept in good operating condition, free of defects, corrosion and deterioration at all times. Heating equipment shall be installed and maintained in such a manner as to avoid leakage of or concentration of liquids, gases and solid matters which may constitute hazards or violations of this article. Heating equipment shall not be operated in such a manner as to impair its ability to perform as required hereunder or create a hazard anywhere in the system due to excessive temperature. The heating system including such parts as heating risers, ducts and hot water lines, shall be covered with an insulating material or guard to protect occupants and other persons on the premises from receiving burns due to chance contact.
(4) 
From October 1 of each year to the next succeeding May 1, every unit of dwelling space and every habitable room therein shall be maintained at least 68º F. The heating system shall be capable of maintaining the minimum required temperature in all habitable rooms without the necessity of heating adjoining rooms more than 5º higher than the minimum required temperature. The design of the heating system shall conform to the American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) Guide and Data Book.
(a) 
In meeting the aforesaid standards, the owner shall not be responsible for heat loss and the consequent drop in the interior temperature arising out of action by the occupants in leaving windows or doors open to the exterior of the building.
(b) 
The owner shall be obligated to supply required fuel or energy and maintain the heating system in good operating condition so that it can supply heat as required herein, notwithstanding any contractual provision seeking to delegate or shift responsibility to the occupant or third person, except that the owner shall not be required to supply fuel or energy for heating purposes to any unit where the occupant thereof agrees in writing to supply heat to his own unit of dwelling space and the unit is served by its own exclusive heating equipment for which the source of heat can be separately computed and billed.
(5) 
Space heaters shall be so installed, located and maintained so as to exhaust the products of combustion to the outside air, to prevent a fire hazard by being sufficiently removed or insulated from surrounding material, to be permanently affixed so that the heater cannot be moved by occupants, and not to constitute a hazard to persons using the premises in close proximity to the heater by reason of chance contact or by reason of lack of fresh air supply. Space heaters shall be installed in such a manner that all habitable rooms will be heated to the required temperature, with no room more than 5º Fahrenheit higher in temperature than the other rooms. If the temperature varies over 5º Fahrenheit, other heaters must be installed to give uniform heating of all habitable rooms. Electric and gas space heaters shall be permitted providing they meet standards established by the Underwriters' Laboratories.
(6) 
Storage facilities for combustible fuel shall be so located and shall utilize tanks or other containers so designed as to eliminate any hazard from fire, explosion, leakage or asphyxiation.
(7) 
The heating system as herein defined shall be inspected by the owner annually. Such inspection shall be for the following purposes:
(a) 
To insure that the system is being maintained in accordance with the standards applicable to the system as of the time of installation.
(b) 
To locate and remove hazards or conditions that may, if not corrected, foreseeably develop into hazards or become violations of these regulations.
(c) 
To confirm the ability of the system to fulfill the heating requirements provided hereunder.
M. 
Water supply requirements are as follows:
(1) 
Every multiple dwelling and hotel shall be connected to a source of and system for delivery of potable water sufficient to meet the requirements for hot and cold water at all connected fixtures.
(2) 
Every kitchen sink, bathroom or toilet room sink, basin, tub or shower shall be connected to both hot and cold water lines and be provided with both hot and cold water.
(3) 
Each building shall be served by a hot water heater and hot water distribution system capable of providing all units of dwelling space and facilities therein requiring hot water with water at the outlets at a minimum temperature of 120º F. and a maximum temperature of 160º F. at all times in accordance with anticipated need resulting from the number of fixtures and use of the building.
(4) 
All plumbing fixtures and equipment for the supply and drainage of running water shall be maintained so that the rate of flow shall be of sufficient volume and at pressures adequate to enable them to function properly. The pipes conveying the water shall be of sufficient size to provide the water required without undue pressure reduction and without undue noise under all normal conditions of use.
N. 
No room or space or portion of a room or space shall be considered habitable unless that room or space or portion of a room or space has a clear ceiling height of at least seven feet zero inches.
(1) 
Read in context with the definition of habitable room and the occupancy standards found in this article. This subsection requires an attic apartment to contain at least 150 square feet of floor space having a ceiling height of seven feet zero inches, and that every attic room have at least 50 square feet of floor area having a ceiling height of at least seven feet, zero inches. While additional floor area having less than seven feet zero inches ceiling height is permitted, it cannot be counted for purposes of determining habitability.
O. 
All replacement glazing shall conform in the applicable construction codes of the New Jersey Uniform Construction Code for glazing requirements for specific hazardous locations.
P. 
Air conditioning requirements are as follows:
(1) 
In any unit of dwelling space where air conditioning is provided by the owner through a central cooling system, the cooling system shall contain facilities to be capable of maintaining a temperature of 78º F. as measured in the center of each habitable room at a height of five feet above the floor, under local outdoor summer design conditions as specified in ASHRAE handbook.
(2) 
Where the Construction Code Official determines that the facilities are of inadequate size or capacity to accomplish the foregoing, the owner may be ordered to either increase the capacity of the cooling system, provide additional insulation or take such other or further steps as will enable the cooling system of the unit to satisfy this requirement; provided, however, nothing herein shall be construed as authorizing loss of habitable space to an extent that would create a violation of this article.
(3) 
The cooling equipment, facilities and system and all parts thereof shall be kept in good operating condition, free of defects, corrosion and deterioration at all times. Cooling equipment shall be installed and maintained in such a manner as to avoid leakage of or concentration of liquids, gases and solid matters which may constitute hazards or violations of this article. Cooling equipment shall not be operated in such a manner as to impair its ability to perform as required hereunder or create a hazard anywhere in the system due to excessive temperature.
(4) 
From May 15 to September 15 of each year, every unit of dwelling space and every habitable room therein where air conditioning is provided by the owner through a central cooling system, shall be maintained at a temperature not to exceed 78º F. The cooling system shall be capable of maintaining the minimum required temperature in all habitable rooms without the necessity of cooling adjoining rooms more than 5º lower than the minimum required temperature. The design of the cooling system shall conform to the American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) Guide and Data Book.
(a) 
In meeting the aforesaid standards, the owner shall not be responsible for cooling loss and the consequent increase in the interior temperature arising out of action by the occupants in leaving windows or doors open to the exterior of the building or in maintaining increased settings on their individual thermostats.
(b) 
The owner shall be obligated to supply required fuel or energy and maintain the cooling system in good operating condition so that it can supply air conditioning as required herein, notwithstanding any contractual provision seeking to delegate or shift responsibility to the occupant or third person, except that the owner shall not be required to supply fuel or energy for cooling purposes to any unit where the occupant thereof agrees in writing to supply air conditioning to his own unit of dwelling space and the unit served by its own exclusive cooling equipment for which the cost can be separately computed and billed.
(5) 
The central cooling system as herein defined shall be inspected by the owner annually. Such inspection shall be for the following purposes:
(a) 
To insure that the system is being maintained in accordance with the standards applicable to the system as of the time of installation.
(b) 
To locate and remove hazards or conditions that may, if not corrected, foreseeably develop into hazards or become violations of these regulations.
(c) 
To confirm the ability of the system to fulfill the cooling requirements provided hereunder.
A. 
Common areas available for or utilized for storage purposes and public garages shall contain one sign at least one square foot in area, clearly legible and prominently displayed at or near the entrance to the space, prohibiting smoking in the area.
B. 
Storage in common areas shall not cover more than 80% of the overall floor area and not more than 60% of the cubic content of the storage area and shall be arranged so that there will be maintained at all times aisles at least three feet in width. Storage shall not be permitted in attic spaces in garden apartments unless such spaces are designed for such purposes.
C. 
The owner shall first remove the doors of any refrigerators or other such equipment with exterior closing devices likely to be hazardous to children, if stored on the premises.
D. 
No closet of any kind shall be constructed or maintained under any stair except where such closet shall be separated from the stair with fire-resistive partitions having a fire resistance rating of not less than two hours, except not less than one hour in structures of wood frame construction.
The owner shall provide and maintain mail receptacles for all occupants, conforming to all federal postal laws and regulations. In multiple dwellings, there shall be identification by name and unit of dwelling space for each designated occupant, maintained by the person in charge of the premises or posted at or near the main entrance of the premises or in the lobby, lounge or mailroom area. Nothing herein shall be construed as requiring a directory for transient guests, provided there is a responsible person on the premises designated by the owner, known to postal authorities, who shall on behalf of the owner receive and distribute or make available for pickup mail for transient guests.
A. 
No cooking shall be permitted in any unit of dwelling space unless there is provision for the following minimum cooking and sanitary facilities:
(1) 
A kitchen sink of nonabsorbent impervious material and drainboard of appropriate materials connected to and having available at all times a supply of hot and cold water under sufficient pressure as required by this article. The kitchen sink shall be connected to a sanitary disposal or sewer system.
(2) 
Cooking and preparation of food shall be undertaken only in areas designated therefor.
(3) 
Means of natural ventilation or mechanical ventilation sufficient to remove promptly cooking odors to the exterior of the premises without first circulating them within the interior habitable space of the unit.
(4) 
Place for storage of food free from infestation.
(5) 
Facilities for refrigeration in good operating condition for protection of food from spoilage permitting maintenance of temperatures for storage above 32º and below 50º without regard to outside temperature.
(6) 
A cooking facility which, if electrical, is connected with safety to an electrical system of sufficient capacity, or, if gas, connected by permanent fixtures and tubing to avoid leakage of gas. The use of gasoline stove or other similar fuel-burning appliances using highly flammable liquids and the use of portable kerosene stoves or other similar fuel-burning portable appliances for cooking is prohibited.
(7) 
Cabinets or drawers or other storage areas for utensils, dishes and other cooking and eating equipment.
(8) 
Two floor or wall electrical outlets for electrical appliances.
B. 
Every unit of dwelling space shall contain the following minimum sanitary facilities:
(1) 
A toilet equipped with a flushing mechanism.
(2) 
A bathtub or shower or other complete bathing facility.
(3) 
A wash basin in the toilet room or within close proximity thereto.
(4) 
In dwelling units having more than one room available or used for sleeping purposes, each such room shall have access to sanitary facilities directly from the room itself or through any common portion of the dwelling unit without requiring passage through the bedroom.
C. 
A complete second set of sanitary facilities shall be required for any unit of dwelling space with permissible occupancy of eight or more persons. Each toilet and bathing facility shall be located in a separate room or rooms with completely enclosed sides and top and shall provide privacy to the occupant thereof.
D. 
Every toilet including the toilet seat, wash basin, shower, bath and other plumbing or sanitary facility forming part of any toilet room or bathroom shall be maintained in good operating condition at all times and shall be kept clean and free of material that might clog the same or impair its operation and shall drain into a sanitary sewer or other approved sanitary disposal system.
E. 
Every owner of a multiple dwelling and hotel as defined herein shall have the obligation to replace any refrigerator, stove and/or window-mounted or wall-mounted air-conditioning unit which is over 25 years in age with a new appliance. With respect to those appliances which are, at the effective date of this subsection, in excess of 25 years old, the owner of the property shall have two years within which to make such new replacements. In addition to the penalties set forth in this chapter, and in the event that any owner of property is found to have violated the obligation set forth herein, the tenant or other occupant shall have the right to purchase a new refrigerator, stove and/or air-conditioning unit, have same installed, and charge the cost of the purchase, installation and removal of the old equipment to the landlord and/or owner of the property. In the event that the tenant or occupant is not reimbursed by the landlord or owner of the property within 30 days, the tenant or occupant shall have the right to reduce the monthly rent or other monthly payment being made in the amount of the expenditure incurred by the tenant and/or occupant.
[Added 8-23-2001 by Ord. No. 2001-36]
A. 
Units of dwelling space in multiple dwellings having only one regular habitable room shall be limited to occupancy by no more than two persons.
B. 
In multiple dwellings, there shall be a minimum usable floor area for the initial occupant of each dwelling space of 150 square feet, at least 70 square feet of which shall be usable sleeping area and 100 square feet additional space for each additional occupant, at least 50 square feet of which shall be usable sleeping area; provided, however, children under the age of two shall not be considered additional occupants. In hotels, there shall be a minimum usable floor area of 50 square feet for each occupant; provided, however, children under the age of six shall not be considered additional occupants.
C. 
In determining the maximum number of persons who may occupy a unit of dwelling space, in addition to other limitations provided herein, maximum occupancy as provided in Subsection B of this section shall be calculated for each private habitable room utilized primarily for sleeping. Kitchen, bathroom and toilet room shall not be utilized for sleeping purposes. Other common areas otherwise meeting all other occupancy standards contained herein, such as porches, living rooms, foyers and other parts accessible to and utilized in common by the occupants of the unit, shall not provide sleeping facilities for more than two additional persons.
A. 
Driveways shall have two traffic lanes for their entire length, in addition to any parking space, except that a single lane may be used for short straight service driveways where two-way traffic is not anticipated. Buildings, walls, fences, planting and other sight obstructions shall be so located and designed that a driver backing out of a garage, carport or parking space can see approaching traffic speed and volume.
B. 
Driveways and parking areas shall be maintained free of potholes or other unsafe or unsanitary conditions.
C. 
No parking will be permitted in approach drives to parking areas where such parking will obstruct ingress of fire-fighting equipment.
A. 
In buildings where all apartments, suites of rooms and single room units, at any time after the effective date of this article, become untenanted for a period of 60 days or more, it shall be the duty of the owner to close all windows, doors and other openings with plywood or by other suitable means so that access into the building is prevented.
(1) 
Where for any reason a building remains vacant or untenanted for a period of 60 days, it shall be the duty of the owner to close all windows, doors and other openings with plywood or by other suitable means so that access into the building is prevented.
B. 
The provisions of this article shall not apply to:
(1) 
Any multiple dwelling which is vacant or partly vacant because of a current alteration being performed under application and plan approved by the Building Inspector.
A. 
No overhead electrical conductors shall be within 15 feet of any swimming pool. All metal fences, enclosures or railings that might become electrically charged as a result of contact with broken overhead conductors or from any other cause near, or adjacent to, a swimming pool shall be grounded in accordance with the provisions of the National Electrical Code.
B. 
Outdoor swimming pools, decorative pools, reflecting pools and artificial fish ponds which contain 24 inches or more of water shall be protected by a fence, wall, building, enclosure or solid wall of durable material of which the pool itself may be constructed so as to afford no external handholds or footholds, of materials which are impenetrable by toddlers, and shall be at least four feet in height and equipped with a self-closing and self-latching closure mechanism not more than six inches below the top of the gate and provided with hardware for permanent locking.
Hotels having 26 and more units of dwelling space, served by a common exitway, shall have emergency lighting facilities in exitways, including corridors, hallways, landings, stairways and vestibules. Places of public assembly, such as any ballroom, assembly, exhibition hall or other space used for purposes of public assembly, having a capacity of 300 or more persons shall be provided with emergency lighting. Emergency lighting shall be installed and connected to an auxiliary electric supply or battery-operated system or equivalent, so that they will be operational during any emergency or interruption of regular electric service.
A. 
All multiple dwellings and hotels and all parts thereof shall be maintained as set forth in this article.
B. 
All service equipment, means of egress, devices, and safeguards that are required by this article, or that are required by any pertinent federal, state, county or municipal statute, ordinance, regulation, rule or order when the multiple dwelling or hotel was erected, altered or repaired, shall be maintained in good working order.
C. 
The owner shall be responsible at all times for the safe maintenance of the multiple dwelling or hotel facilities as prescribed by the standards set forth in this article.
D. 
Every multiple dwelling and hotel and the premises on which it is situated in the borough used or intended to be used for residential occupancy shall comply with the provisions of this article, whether or not the building shall have been constructed, altered or repaired before or after the enactment of this article, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building, or for the installation or repair of equipment or facilities prior to the enactment of this article.
In any case where the provisions of this article impose a higher standard than set forth in any other ordinance of the borough or under the laws of the State of New Jersey, then the standards as set forth herein shall prevail; but if the provisions of this article impose a lower standard than any other ordinance of the borough or of the State of New Jersey, then the higher standard contained in any other ordinance or law shall prevail.
Unless expressly provided to the contrary in this article, the respective obligations and responsibilities of the owner and occupant shall not be altered or affected by any agreement or contract entered into by and between them.
A. 
All inspections and enforcement of violations of the provisions of this article shall be under the direction and supervision of the Building Inspector. The Building Inspector may appoint or designate such other public officials or employees of the borough to perform duties as may be necessary to the enforcement of this article, including the making of inspection.
B. 
All buildings and premises subject to this article are subject to inspection from time to time by the Building Inspector. The Building Inspector 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 article.
C. 
At the time of inspection, all rooms and parts of the premises or building shall be available and accessible for the inspections and the owner and/or operator are required to provide the necessary arrangements to facilitate such inspections. Inspections shall be made during regular business hours unless there is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring inspection and abatement without delay. Inspection of private living quarters shall require the consent of the occupant of the premises except as hereunder described:
(1) 
In case of emergencies where facts known to the Construction Code Official or statements of persons having personal knowledge thereof indicate that conditions exist on any premises subject to the provisions of this article 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.
(2) 
Where access to any premises where inspection is desired to implement the provisions of this article and such access has been refused, then a search warrant shall be obtained upon one or more of the following grounds:
(a) 
There is evidence of or indication of a violation of the law of this article requiring an examination to determine whether the violation in fact exists.
(b) 
The inspection is part of a systematic inspection that building or buildings falling into a particular class or category composed in order to provide adequate protection to the public health, safety and welfare.
A. 
Notice. Except as provided elsewhere in this article, where a violation of this article is found to exist, a written notice from the Building Inspector shall be served on the person or persons responsible for the correction thereof.
B. 
Contents of notice. The notice shall specify the violation or violations committed; what must be done to correct same; the notice shall also state that unless the violation is abated, removed, cured, prevented or desisted from within 10 days of the date of service of such notice (exclusive of the date of service) a summons shall issue for each such violation. The enforcement officer may, at the time he issues the notice, extend the period for correction of the violation stated in the notice for a period in excess of the aforesaid 10 days if, in his judgment, the abatement, removal, prevention, cessation of or cure of the condition violated cannot reasonably be affected within the ten-day period, but in no event shall such period be extended for more than 60 days.
C. 
Service of notice. Such notice shall be deemed to be properly and sufficiently served if a copy thereof is sent by registered or certified mail to the last known address of the person or entity to be served. Where it is ascertained that the owner does not reside on the premises, the last known address shall be the address of the owner as shown in the office of the Tax Collector. If the last known address cannot be ascertained, the notice can be posted on the outside front entrance of the building. The Building Inspector shall file and provide notice to any owner, operator or occupant of any violation at any address other than the last known address if such other address is or has been filed with the Building Inspector personally or by certified mail addressed to the Building Inspector. Service upon an owner, operator or occupant may also be attained by service of any notice upon a member of the family of the owner, operator or occupant of the age of 14 years or over then residing therein. Time of service of the notice shall be determined, where service is by mail, as of the date following the day of mailing for notices to addresses within the borough, and as of the third day after the day of mailing for notices to addresses outside the borough. Where the day of service would fall upon a Sunday or other day when mail is not ordinarily delivered, then the day of service shall be the next regular delivery day.
D. 
Summons to issue. In the event a violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within the ten-day period or within such extended period as set forth in the notice, then, upon reinspection by the Building Inspector, a summons shall issue against the person, persons, entity or entities so notified.
E. 
Notwithstanding the provisions of Subsection D, within five days after the date of service of the notice, any person affected by the notice may request a hearing thereon by serving a written request within the five-day period in person or by certified mail on the Building Inspector. The request for a hearing shall set forth briefly the grounds and reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The Building Inspector, upon receipt of the request, shall, within 20 days therefrom and upon five days' notice to the party aggrieved, set the matter down for a hearing.
F. 
At any hearing provided for hereunder the public officer shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoenas, to require by subpoena the production of books, records or other documents at any such hearing which may be pertinent to matters to be determined by him, and to enforce any such subpoena, as provided by law. Determination shall be made within 10 days from the completion of the hearing, the public officer shall issue an order either incorporating the determination and directions contained in the notice, modifying the same or withdrawing the notice.
G. 
Summary abatement and emergency notice of hearing not required. Where the violations or conditions existing on the premises are of such a nature as to constitute an emergency which requires immediate action to protect the public health or safety, the Building Inspector may either abate the violation or condition immediately or order the owner, operator or occupant to correct the violation or condition within a period of time not to exceed three days, and upon failure to do so, the public officer shall abate the conditions immediately thereafter.
H. 
Cost of abatement to be a lien against premises. Where abatement of any nuisance, correction of a defect in the premises or maintenance of the premises in a proper condition so as to conform to this article or any other ordinance of the borough or to any state law applicable thereto requires expending borough moneys therefor, the Building Inspector shall present a report of work to be proposed to accomplish the foregoing to the Mayor and Council of the borough with an estimate of the cost thereof, along with a summary of the proceedings undertaken by the Building Inspector to secure compliance, including notices served upon the owners, operators, lessors or agents, as the case may be and hearings and orders of the Building Inspector with references thereto. The Mayor and Council may thereupon by resolution authorize the abatement of the nuisance, correction of the defect, or work necessary to place the premises in proper condition and in compliance with this article and any other ordinance of the borough and with the laws of the State of New Jersey. The Building Inspector may thereafter proceed to have the work performed in accordance with the resolution at the borough's expense, not to exceed the amount specified in the resolution and shall upon completion thereof submit a report of the moneys expended and the cost to the Mayor and Council. After review of the same, the Council may approve the expenses and costs whereupon the same shall become a lien against the premises collectible as provided by law. Copy of the resolution approving the expenses and costs shall be certified by the Council and filed with the Tax Collector, who shall be responsible for the collection thereof, and a copy of both the report and resolution shall be sent by certified mail to the owner.
I. 
A violation of any subsection or paragraph of this article shall be punishable upon conviction by the imposition of a maximum penalty of a fine not exceeding $500 or imprisonment for a period not exceeding 90 days, or both. Each separate violation of this article as set forth in the notice provided to the party affected shall constitute a separate violation subject to the maximum penalty set forth herein. Each day in which a violation of any provision of this article exists shall also constitute a separate penalty subject to the maximum penalty set forth herein.
This article, being necessary for the welfare of the borough and its inhabitants, shall be liberally construed to effectuate the purposes thereof.
The owner of each hotel or multiple dwelling shall appoint an agent for the purpose of receiving service of process and such orders and notices as may be issued by the Construction Code Official pursuant to this article.
A. 
No person shall manage, conduct or operate the business of a multiple dwelling without first securing a license therefor within the time and manner provided herein, nor shall any person, or other entity permit a multiple dwelling or hotel to be conducted or operated on premises owned by or under the control of said person.
B. 
The owner of each multiple dwelling shall file an original and two copies of an application for multiple dwelling or hotel license with the Construction Code Official, upon forms provided by the office of the Construction Official, along with the license fee set forth herein.
C. 
Each application shall contain the following information:
(1) 
The name, address and telephone number of the owner;
(2) 
A description of each multiple dwelling, by street number and name;
(3) 
The name, address and telephone number of the agent appointed by the owner pursuant to § 246-32 of this article for the purpose of receiving service of process and other orders of 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 the owner;
(5) 
The name and address of any mortgage holder of record;
(6) 
Whether the owner is a corporation, partnership, individual, joint venture or some other entity;
(7) 
Whether the building is a hotel or multiple dwelling;
(8) 
The construction class;
(9) 
The number of dwelling units in the building;
(10) 
The number of stories in the building;
(11) 
The year of construction;
(12) 
A statement certifying that to the best knowledge of the owner the premises in question are in compliance with this article;
(13) 
Every application shall be signed by at least one individual owner or, in the case of a partnership, corporation or other entity, by a duly authorized representative of the owner, in which case the signer's relationship to the owner shall be stated. The name of the person signing shall be printed or typed beneath the signature in a legible manner. Each application shall also contain a certification of the truth of the information contained therein.
D. 
Except as otherwise provided herein the term of the license shall be for one year from February 1 through January 31 of the next succeeding year and is renewable annually.
E. 
License fee determination. Every person applying for or renewing a multiple dwelling license shall pay to the borough an annual license fee, imposed to offset the costs of enforcement of this article, which license fee shall be part of the general revenues of the borough, calculated as follows:
(1) 
Five dollars per dwelling unit for premises containing from three to 25 dwelling units.
(2) 
One hundred twenty-five dollars for the first 25 dwelling units plus $2.50 for each additional dwelling unit.
F. 
Any person who fails to obtain a license or whose application for a license contains falsifications, misstatements or inaccuracies shall be subject to the penalties set forth in § 246-30 of this article.
G. 
The licensee shall display the license in the vestibule, front hallway or other prominent and public place at or near the front entrance of the building during the entire period for which the license was issued.
A. 
This chapter of the Code of the Borough of Fort Lee is hereby amended to incorporate by reference "Amendments to Regulations for the Maintenance of Hotel and Multiple Dwellings, Concerning Smoke Detectors and Smoke Alarms," (adopted November 12, 1980, pursuant to P.L. 1979, C. 419) of the State of New Jersey, Department of Community Affairs, Division of Housing Inspection, effective January 11, 1981.
B. 
In said "Amendments to Regulations for the Maintenance of Hotel and Multiple Dwellings, Concerning Smoke Detectors and Smoke Alarms" (adopted November 12, 1980, pursuant to P.L. 1979, C. 419) of the State of New Jersey, Department of Community Affairs, Division of Housing, Bureau of Housing Inspection, effective January 11, 1981, Section 5 thereof is amended and supplemented to include the following as paragraph (VI):
VI -
In hotels or multiple dwellings more than four stories in height, all common area smoke detection systems shall be connected to an approved central station system, proprietary system, or remote station system of the jurisdiction, when approved by the Fire Department. Zones: Each floor shall be zoned separately. If the floor area exceeds 20,000 square feet, additional zoning shall be provided. The length of any zone shall not exceed 200 feet in any direction. Zoning indicator panels and controls shall be located as approved by the Fire Department. Annunciators shall lock in until the system is reset.
C. 
Said smoke detectors shall be installed within a period of 60 days after an inspection has been made by the Building Department, or Fire Prevention Bureau, and notification thereof served on the owner.
[1]
Editor's Note: See also Ch. 349, Smoke and Carbon Monoxide Detectors.