[HISTORY: Adopted by the Board of Health
of the Borough of Totowa 10-12-1973 (Ch. 167 of the 1974 Code). Amendments noted where applicable.]
A.
BASEMENT
BOARD OF HEALTH
CELLAR
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
HABITABLE ROOM
HEALTH OFFICER
INFESTATION
MULTIPLE DWELLING
OCCUPANT
OPERATOR
OWNER
(1)
(2)
ROOMING HOUSE
RUBBISH
SUPPLIED
Terms defined. The following definitions shall apply
in the interpretation and enforcement of this chapter:
A portion of a building located partly or wholly underground,
but having less than half its clear floor-to-ceiling height below
the average grade of the adjoining ground.
The Board of Health of the Borough of Totowa, New Jersey,
or its duly authorized representatives.
A portion of a building located partly or wholly underground
and having half or more than half of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
The control and elimination of insects, rodents or other
pests by any recognized and legal pest elimination methods approved
by the Board of Health.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms,
water closet compartments, laundries, pantries, foyers or communicating
corridors, closets and storage space.
The legally designated health authority of the Board of Health
of the Borough of Totowa, New Jersey or his authorized representatives.
The presence within or around a dwelling of any insects,
rodents or other pests.
Any dwelling containing more than two dwelling units.
Any person, over one year of age living, sleeping, cooking
or eating in or having actual possession of a dwelling unit or rooming
unit.
Any person who has charge, care or control of a building
or part thereof in which dwelling units or rooming units are let.
Any person who, alone, jointly or severally with others:
Shall have legal title to any dwelling or dwelling
unit, with or without accompanying actual possession thereof; or
Shall have charge, care or control of any dwelling
or dwelling unit as owner or agent of the owner, or as executor, executrix,
administrator, administratrix, trustee or guardian of the estate of
the owner. Any such person thus representing the actual "owner" shall
be bound to comply with the provisions of this chapter and of rules
and regulations adopted pursuant thereto, to the same extent as if
he were the owner.
Any dwelling or that part of any dwelling containing one
or more rooming units in which space is let by the owner or operator
to three or more persons who are not husband and wife, son or daughter,
mother or father or sister or brother of the owner or operator.
Combustible and noncombustible waste materials, except garbage.
Paid for, furnished or provided by or under the control of
the owner or operator.
B.
Word usage. Whenever the words "dwelling," "dwelling
unit," "rooming house," "rooming unit" or "premises," are used in
this chapter, they shall be construed as though they were followed
by the words "or any part thereof."
The Health Officer is hereby authorized and
directed to make inspections to determine the condition of dwellings,
dwelling units, rooming units and premises located within the Borough
of Totowa, in order that he may perform his duty of safeguarding the
health and safety of the occupants of dwellings and of the general
public. For the purpose of making such inspections, the Health Officer
is hereby authorized to enter, examine and survey at all reasonable
times all dwellings, dwelling units, rooming units and premises. The
owner or occupant of every dwelling, dwelling unit and rooming unit,
or the person in charge thereof, shall give the Health Officer free
access to such dwelling, dwelling unit or rooming unit and its premises
at all reasonable times for the purpose of such inspection, examination
and survey. Every occupant of a dwelling or dwelling unit shall give
the owner thereof, or his agent or employee, access to any part of
such dwelling or dwelling unit or its premises, at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provision of this chapter
or with any lawful rule or regulation adopted or any lawful order
issued pursuant to the provisions of this chapter.
Whenever the Health Officer determines that
there are reasonable grounds to believe that there has been a violation
of any provision of this chapter 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.
The notice shall:
A.
Be put in writing.
B.
Include a statement of the alleged violations.
C.
Allow a reasonable time for the performance of any
act it requires.
D.
Be served upon the owner or his agent, or the occupant,
as the case may require, provided that such notice shall be served
pursuant to Rule 4:4-4 of the Rules Governing the Courts of the State
of New Jersey.
E.
Contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter and with
rules and regulations adopted pursuant thereto.
The Board of Health is hereby authorized to
make and adopt such written rules and regulations as may be necessary
for the proper enforcement of the provisions of this chapter, provided
that such rules and regulations shall not be in conflict with the
provisions of this chapter. The Board of Health shall file a certified
copy of such rules and regulations with the Secretary of the Board
of Health. Such rules and regulations shall have the same force and
effect as the provisions of this chapter, and the penalty for violation
thereof shall be the same as the penalty for violations of the provisions
of this chapter as hereinafter provided.
No person shall occupy as owner-occupant or
let to another for occupancy any dwelling or dwelling unit, for the
purpose of living, sleeping, cooking or eating therein, which does
not comply with the following requirements:
A.
Every dwelling unit shall contain a kitchen sink in
good working condition and properly connected to a water and sewer
system approved by the Health Officer.
B.
Every dwelling unit shall contain a room which affords
privacy to a person within said room and which is equipped with a
flush water closet and a lavatory basin in good working condition
and properly connected to a water and sewer system approved by the
Health Officer.
C.
Every dwelling unit shall contain, within a room which
affords privacy to a person within said room, a bathtub or shower
in good working condition and properly connected to a water and sewer
system approved by the Health Officer.
E.
Every dwelling unit shall be supplied with adequate
rubbish storage facilities whose type and location are approved by
the Health Officer.
F.
Every dwelling unit shall have adequate garbage disposal
facilities or garbage storage containers, whose type and location
are approved by the Health Officer.
G.
Every dwelling shall have supplied water heating facilities which are properly installed, are maintained safe and in good working condition, are properly connected with hot water lines required under the provision of Subsection D of this section and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120° F. Hot running water at a temperature of not less than 120° F. shall be supplied at every kitchen sink, lavatory basin, bathtub or shower at all times.
H.
Every dwelling unit shall have safe, unobstructed
means of egress leading to a safe and open space at ground level as
required by the laws of the State of New Jersey.
No person shall occupy as owner-occupant or
let to another for occupancy any dwelling or dwelling unit, for the
purpose of living therein, which does not comply with the following
requirements:
A.
Every habitable room shall have at least one window
or skylight facing directly to the outdoors. The minimum total window
area, measured between stops, for every habitable room shall be 10%
of the floor area of such room. Whenever walls or other portions of
a structure face a window of any such room and such light-obstruction
structures are located less than three feet from the window and extend
to a level above that of the ceiling of the room, such a window shall
not be deemed to face directly to the outdoors and shall not be included
as contributing to the required minimum total window area. Whenever
the only window in a room is a skylight-type window in the top of
such room, the total window area of such skylight shall equal at least
15% of the total floor area of such room.
B.
Every habitable room, bathroom and water closet shall have at least one skylight or window which may be easily opened, or other device to provide adequate ventilation. The total opening window area in every habitable room, bathroom or water closet shall be equal to at least 45% of the minimum window area size or skylight-type window area size, as required in Subsection B of this section, except where there is supplied some other device providing adequate ventilation and approved by the Health Officer. All ventilation devices must be kept in continuous operation in bathrooms and water closets.
C.
Every dwelling shall be supplied with electric service
which shall be installed and maintained in accordance with the requirements
of the Electrical Bureau of the Borough of Totowa, New Jersey.
D.
Every dwelling shall have heating facilities which
are properly installed, are maintained in safe and good working condition,
and are capable of safely and adequately heating all habitable rooms,
bathrooms and water closet compartments in every dwelling unit located
therein to a temperature of at least 68° F. at a distance three
feet above floor level, under ordinary minimum winter conditions.
No person shall occupy as owner-occupant or
let to another for occupancy any dwelling or dwelling unit for the
purpose of living therein, which does not comply with the following
requirements:
A.
Every dwelling unit shall contain at least 150 square
feet of floor space for the first occupant thereof and at least 100
additional square feet of floor space for every additional occupant
thereof, the floor space to be calculated on the basis of total habitable
room area; provided, however, that a one-room dwelling unit shall
not be occupied by more than two persons.
B.
In every dwelling unit of two or more rooms, every
room occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of floor space, and every room occupied for
sleeping purposes by more than one occupant shall contain at least
50 square feet of floor space for each occupant thereof.
C.
Every habitable room, except attic and basement rooms,
shall have a ceiling height of at least eight feet in every part.
At least 1/2 of the floor area of every habitable attic room shall
have a ceiling height of at least seven feet six inches. The floor
area of that part of any room where the ceiling is less than five
feet shall not be considered as part of the floor area in computing
the total floor area of the room for the purpose of determining the
permissible occupancy thereof.
D.
No cellar space shall be used as a habitable room
or dwelling unit.
E.
No basement space shall be used as a habitable room
or dwelling unit unless:
(1)
The floor and walls are impervious to leakage of underground
and surface runoff water and are insulated against dampness.
(2)
The total window area in each room is equal to at least the minimum window area sizes as required in § 452-6A of this chapter.
(4)
The ceiling height shall not be less than seven feet
in every part used as a habitable room.
A.
Every owner of a dwelling containing more than two
dwelling units shall be responsible for maintaining in a clean and
sanitary condition the share or public areas of the dwelling and premises
thereof.
B.
Every occupant of a dwelling or dwelling unit shall
keep in a clean and sanitary condition that part of the dwelling,
dwelling unit and premises thereof which he occupies and controls.
C.
At least one flush water closet, lavatory basin and
bathtub or shower properly connected to the Borough water supply and
sewer system approved by the Board of Health and in good working condition
shall be supplied for each eight persons or fraction thereof, residing
within a rooming house, including the members of the operator's family
wherever they have the use of the said facilities; provided, however,
that in a rooming house where rooms are let only to males, flush urinals
may be substituted for not more than 1/2 of the required number of
water closets. All such facilities shall be so located in the dwelling
as to be reasonably accessible, from a common hall or passageway,
to all persons sharing such facilities. Every lavatory basin and bathtub
or shower shall be supplied with: hot water at all times. No such
facilities shall be located in a basement.
D.
The operator of every rooming house shall change supplied
bed linen and towels therein at least once each week and, prior to
letting the room to any occupant, the operator shall be responsible
for the maintenance of all supplied bedding in a clean sanitary manner.
E.
The operator of every rooming house shall be responsible
for the sanitary maintenance of all walls, floors and ceilings.
F.
Every provision of this chapter which applies to rooming
houses shall also apply to hotels, except to the extent that any such
provision may be in conflict with the laws of the State of New Jersey
or with the lawful regulation of any state board or agency.
