Borough of Fort Lee, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Derived from the Revised General Ordinances of the Borough of Fort Lee, 1978, adopted 3-1-1979, as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Certificate of continuing occupancy — See Ch. 182.
Uniform Construction Codes — See Ch. 193.
Fire prevention — See Ch. 216.
Housing standards — See Ch. 246.
Rental property — See Ch. 321.
Rent control — See Ch. 324.
[Derived from Ch. X, Sec. 10-16, of the 1978 Code]
As used in this article, the following terms shall have the meanings indicated:
DWELLING
Any structure design for habitable use by human occupants.
DWELLING UNIT
Any room or group of rooms located within a dwelling forming a single habitable unit which includes facilities for living, sleeping, cooking, eating, bathing and toilet purposes in all residential use groups, including, but not limited to Group I-1 (assisted living), R-1 (hotel/motel), R-2 (multiple dwellings, defined as three or more units), R-3 and R-4 (single- and two-family homes).
[Amended 5-8-2003 by Ord. No. 2003-12]
SMOKE DETECTOR
An Underwriters Laboratories, Inc., approved listed and labeled smoke detection device, sensing the visible or invisible particles of combustion which shall comply with the latest NFPA standards for design and performance which, when activated, shall produce an alarm capable of emitting a minimum sound intensity of 85 dBa at a ten-foot distance and which shall have an easily seen or activated manual unit test button or power source monitor light or trouble signal.
A. 
It shall be the responsibility of the owner of any dwelling within the Borough of Fort Lee to install and maintain within each dwelling unit contained therein operating smoke detectors at the following locations:
(1) 
Each dwelling unit shall have a minimum of one smoke detector within close proximity to the sleeping area located so that the maximum distance from the smoke detector to any sleeping area exit door shall not exceed 10 feet.
(2) 
Basements and cellars directly connected to a dwelling unit shall have a minimum of one smoke detector located in the highest ceiling area of the cellar or basement or at the ceiling of the first floor stair landing.
B. 
It shall be the duty of the owner of the dwelling to maintain all smoke detectors in proper operating condition; provided, however, that it shall be the duty of tenant or occupant of a dwelling unit to maintain and replace, if necessary, at his own cost and expense, batteries required in the operation of the smoke detectors located within his dwelling unit.
[Amended 5-8-2003 by Ord. No. 2003-12]
The provisions of this article shall be enforced pursuant to the provisions of the Uniform Fire Safety Act, and violations shall be subject to the penalties contained therein. Appeals of any such penalties shall be governed by the procedures set forth under N.J.S.A. 52:27D-206b.
Any applicant to any board or to any borough official for any action relating to buildings or construction within the borough, including but not limited to building permits, certificates of occupancy, site plan approval, variances and the like, shall certify, in writing, to the official or board to whom such application is made, that the building in question complies with the provisions of this article as a prerequisite to the issuance or ordering of any form of relief or action as herein described.
The provisions of this article are intended to be in addition to the provisions of any other ordinance, statute or rule and regulation with respect to the construction or maintenance of any dwelling or dwelling unit, and in the event of any inconsistency in such provisions, the provision requiring a stricter standard shall govern.
[Derived from Ch. X, Sec. 10-23, of the 1978 Code]
A. 
All residential structures and all dwelling units in structures used or intended for use for residential purposes within the Borough of Fort Lee shall have not less than one carbon monoxide sensor device located inside the unit. For the purpose of this section, "residential structures" shall include multiple-family dwellings and single-family homes. The installation of battery-operated carbon monoxide sensor devices shall be accepted as meeting the requirements of this article. The carbon monoxide detector shall have been tested and listed by a product certification agency recognized by the Division of Codes and Standards. This section shall not be enforced except pursuant to §§ 349-7 and 349-8 herein.
B. 
No property shall be exempt from the installation of the carbon monoxide detector unless all of the following shall apply:
[Added 3-22-2001 by Ord. No. 2001-15]
(1) 
The premises shall have no attached parking garage or carport;
(2) 
The dwelling units shall be powered and heated by electricity only;
(3) 
There are no fuel-burning appliances within the premises; however, if a common area boiler, water heater or similar appliance is present, then all dwelling units adjacent to the common chimney or vent shall install the carbon monoxide detectors within the dwelling unit and the room which houses the appliance.
In any case where a certificate of continuing occupancy is required for any residential structure or dwelling unit pursuant to Chapter 182, Certificate of Continued Occupancy, of this Code, no such certificate shall issue unless and until the enforcement officer has determined to his satisfaction that the structure or unit is equipped with a sensor device or devices as required by § 349-6 of this article.
[Amended 5-8-2003 by Ord. No. 2003-12]
Any owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises subject to the provisions of this article, shall, when the premises do not comply with the requirements of § 349-6 hereof, or without complying with the inspection and certification requirements of § 349-7 hereof, be subject to the provisions of the Uniform Fire Safety Act, and violations shall be subject to the penalties contained therein. Appeals of any such penalties shall be governed by the procedures set forth under N.J.S.A. 52:27D-206b.