[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:
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.
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.
APPROVED
AUTHORIZED INSPECTOR
BUILDING INSPECTOR
COUNCIL
PERMIT
REGULATIONS
The following definitions set forth in N.J.A.C. 5:10-2.2
are hereby amended to read as follows:
Approved by the Construction Code Official of the borough
or his duly authorized representative.
The Construction Code Official of the borough or his duly
authorized representative.
The Construction Code Official of the borough or his duly
authorized representative.
The Mayor and Council of the borough.
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.
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:
(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.
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.
(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:
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.
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:
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.
