[HISTORY: Adopted by the Mayor and Council
of the Borough of Paulsboro 12-5-1989 by Ord. No. 08.89. Amendments noted where
applicable.]
Certificates of occupancy shall hereafter be
required for all existing dwelling and commercial units in the Borough
of Paulsboro before a change in occupancy of any such unit may be
effected, allowed or otherwise permitted.
As used in this ordinance, the following terms
shall have the meanings indicated:
Any unit other than a dwelling unit.
Any building or structure presently used or used hereafter
for habitation by any human beings, whether the same is occupied by
an owner or tenant or occupied on any other basis.
The certificate of occupancy required herein
does not repeal or amend requirements for other certificates of occupancy
heretofore provided for by ordinance of this Borough or statutes of
the State of New Jersey.
A.
Application for a certificate of occupancy for change
in occupancy shall be made to the Construction Code Official and/or
Housing Official of the Borough of Paulsboro.
B.
The Construction Code Official or Housing Official
shall thereupon cause inspection to be made of the subject dwelling
unit to determine if such unit is fit for human habitation and in
compliance with all applicable Borough ordinances and laws of the
State of New Jersey related to maintenance, safety and health.
A.
Every owner of premises for rent or of premises containing
a room or rooms for rental, which premises is not excluded by virtue
of any other section of this ordinance, shall file, under oath, with
the Construction Code Official or Housing Official or his designee,
a statement containing the address of the premises, the name and address
of the owner of the premises, the name and address of the agent or
person in charge of the premises, a description by number or letter
of each such apartment in the premises and the name of the tenant
located within said premises on the date the statement was prepared.
If the owner of said premises is a corporation or other entity other
than an individual, such statement shall be made under oath by a principal
of such entity.
B.
This logbook shall be produced no later than one business
day after request by the Construction Official and/or Housing Official.
The occupancy inspection logbook shall be kept starting with the first
day this section is enforceable. Thereafter, it shall be corrected
to indicate any change in rental status or tenants, and past records
for no less than two years shall be kept.
All applications for certificates of occupancy
shall be made in writing to the Construction Code Official and/or
Housing Official and shall state:
A.
The name, address and telephone number of the owner.
B.
A description of the location of the building by street
number, tax lot and block number and other information as will enable
the enforcing officials of the Borough to easily locate same.
C.
The name and address of any agent, person, firm or
corporation, if any, appointed by said owner for the management of
same.
D.
The name and address of the person or persons to whom
it is being rented.
E.
The number of persons who will occupy the area being
rented.
F.
Any other plot plan or engineering data requested
by the inspecting officials.
G.
In the case of rental units, whether the landlord-owner
has complied with § 59B-3.1 and § 59B-4K of the
Code of the Borough of Paulsboro.
[Added 12-7-2004 by Ord. No. 19.04]
A.
The application to the Construction Code Official
and/or Housing Official shall be accompanied by a fee of $50, plus
$50 for the first reinspection, plus $50 for each additional reinspection,
which shall be paid by the applicant.
[Amended 9-3-1996 by Ord. No. 12.96; 4-2-2013 by Ord. No. 02.13]
B.
The Construction Code Official and/or Housing Official
and/or his designated representative shall, within 10 working days
of the receipt of a fully completed application for a certificate
of occupancy and the accompanying fee pursuant to this ordinance,
make such inspection as is required hereinabove and, upon determining
that the requirements of this ordinance have been complied with, shall
issue a certificate of occupancy.
C.
If, upon the inspection or inspections aforesaid,
the Official or his representative finds that the subject dwelling
unit is not in compliance, said Official or his representative shall
thereupon and within said 10 working days notify the applicant in
writing of such noncompliance, specifically setting forth the violation
or violations which require correction.
D.
Upon correction of the violation or violations, the
applicant shall notify the Official in writing and shall submit a
reinspection fee of $50 for the first reinspection and $50 for each
additional reinspection with such notification, whereupon the Official
or his representative shall reinspect the subject dwelling within
five working days of receipt of such notification and reinspection
fee. This procedure shall be followed until all violations have been
corrected, at which time a certificate of occupancy shall be issued.
[Amended 9-3-1996 by Ord. No. 12.96; 4-2-2013 by Ord. No. 02.13]
E.
The Official shall furnish copies of all regulations
referred to herein to any person requesting the same for a reasonable
fee, commensurate with the costs of reproducing such regulations.
F.
All applicants with a scheduled appointment for inspection
or reinspection must provide the Office of the Construction Code Official
and/or Housing Official at least one full working day's notice in
the event that they cancel their scheduled inspection or reinspection.
Failure to provide such notice will result in forfeiture of said fee
and require the applicant to reapply.
[Added 9-3-1996 by Ord. No. 12.96]
A.
Any individual, person, group of persons, association,
partnership or corporation, or any combination thereof, or any other
person who commits, takes part in or assists in violating any of the
terms of this ordinance shall, upon conviction thereof, be subject
to a fine not in excess of $500 or imprisonment for a term not in
excess of 90 days, or both.
B.
Penalties for such violations shall be collected and
violations of this ordinance shall be prosecuted in the manner prescribed
by law or ordinance effective in the Borough of Paulsboro. Nothing
in this ordinance shall be construed as depriving the Borough of Paulsboro
of any other available remedy.
A.
It shall be the duty of the Housing Official to enforce
the provisions of this ordinance and of all rules, conditions and
requirements adopted or specified pursuant thereto.
B.
The Housing Official shall maintain files of all applications
for building permits and plans submitted herewith and for certificates
of occupancy issued by him, which files and records shall be open
to public inspection.
C.
The Housing Official shall keep a record of every
identifiable complaint of a violation of any of the provisions of
this ordinance and of the action taken consequent to each such complaint,
which records shall be public records. He shall report to the governing
body at intervals of not greater than one month, summarizing for the
period since his last previous report all building permits and certificates
of occupancy issued by him and all complaints of violation and the
action taken by him consequent thereto.
In addition to the requirements for a certificate
of occupancy hereinabove set forth, it shall also be required that
each such dwelling unit have installed therein in a manner and location
consistent with its listing, a minimum of one approved, listed and
labeled smoke detector sensing visible or invisible particles of combustion.
When actuated, the detector shall provide an alarm suitable to warn
the occupants within the dwelling.
The owner of each dwelling unit subject to this
ordinance is hereby charged with the responsibility for making written
application in accordance with this ordinance to the Construction
Code Official and/ or Housing Official for a certificate of occupancy.
In the event that a change of occupancy is also accompanied by a change
of ownership of the dwelling unit, the buyer of such dwelling unit
may waive the seller's responsibility and assume the same; provided,
however, that such waiver shall be in writing, which said waiver shall
further state that the buyer is fully aware that he, she or it is
assuming responsibility for obtaining a certificate of occupancy pursuant
to this ordinance, and provided further that such written waiver shall
be filed with the Construction Code Official and/or Housing Official.
[Amended 12-3-1996 by Ord. No. 16.96]
At the time of inspection, the subject dwelling
unit must conform to the standards of the BOCA Property Maintenance
Code, as adopted by the Borough on June 18, 1996,[1] and the following items must be completed to obtain a
certificate of occupancy in the Borough of Paulsboro:
A.
Exterior.
(1)
Yards. All grass and weeds shall be cut, no miscellaneous
debris shall be present.
(2)
Accessory structures. All outbuildings, storage sheds,
fences and garages must be maintained in a proper state of repair,
including exterior painting.
(3)
Steps, porches and supports must be structurally sound.
(4)
All landings or porches 30 inches in height or higher
must have a rail around the entire area, with intermediate rails,
spaced a maximum of six inches between.
(5)
All stairs of four or more steps, including the landing,
must have a handrail 32 inches high.
(6)
No broken, missing or cracked glass is permitted.
(7)
Window and door glass must be properly glazed and
weathertight.
(8)
The roof must be sound and waterproof, with no excessive
deterioration.
(9)
The chimney must be sound, with approved rain caps
on metal chimneys.
(10)
No peeling paint or unpainted wood (doors, windows,
eves, fascia, siding, etc.) is permitted.
(11)
No rotted wood or trim is permitted.
(12)
No holes in exterior walls are permitted.
(13)
No broken, missing or cracked siding is permitted.
(14)
All trim work (doors, windows, etc.) must be
properly caulked to eliminate moisture penetration.
(15)
All exterior wiring must be installed properly
using waterproof fixtures, outlets and junction boxes.
(16)
The service wire to house must be in sound condition
and properly secured to house.
B.
Interior.
(1)
Electric, gas and water must be turned on at the time
of inspection.
(2)
All appliances must be installed properly and be in
proper working order (stoves, exhaust fans, sump pumps, garbage disposals,
etc.).
(3)
Interior modifications must conform to all building
codes.
(4)
All supporting members must be structurally sound
(floors, walls, ceilings, roof members, etc.).
(5)
Every room shall have at least one openable window
with an approved screen. Bathrooms may have a fan exhausting to the
exterior for ventilation.
(6)
Every window that opens must have insect screening.
(7)
Every window, other than a fixed window, shall be
capable of being easily opened and shall be held in position by window
hardware (sash cords, etc.).
(8)
Excessive peeling paint, cracked or loose plaster,
decayed wood and other excessive defective or unsanitary surface conditions
shall be eliminated.
(9)
All stairs of four or more steps must have a handrail
32 inches high.
(10)
Basements and crawl spaces shall be reasonably
free from dampness. Proper installation of sump pumps is acceptable.
(11)
Woodstoves, fireplaces, fireplace inserts, etc.,
must be installed in accordance with all building codes.
(12)
House must be free of insect infestation.
(13)
All locks on the main entrance door must be
able to be opened from the inside without the use of a key. Dead bolts
are permitted with a thumb latch turnstile on interior side.
C.
Electrical.
(1)
All electric must be free of hazards.
(2)
No extension-cord-type wiring is permitted.
(3)
No taped electrical connections are permitted; all
connections must be in an approved junction box.
(4)
All electrical outlets, switches and junction boxes
must have proper covers.
(5)
All lighting fixtures, outlets and switches must be
properly secure to the house.
D.
Plumbing.
(1)
Bathroom and kitchen floors shall be impervious to
water and be in a clean and sanitary condition.
(2)
Bathtub and shower areas must be watertight (tiles,
caulking, etc.).
(4)
Heat must be in check working order, free from defects
and wired correctly.
(5)
Flue pipes and vents connected to chimneys must be
free of leaks and sealed properly where entering chimneys.
(6)
Hot-water heaters must be properly installed with
a pressure-relief valve and be in sound working condition.
(7)
All pressure-relief valves must have an extension
pipe installed and terminating within six inches of the floor or approved
indirect waste.
(8)
Toilets must flush properly and be secure to the floor.
(9)
All sinks, toilets, tubs and showers must not have
any cracks or leaks.
(10)
All spigots must not drip, and handle areas
must not leak when water is running.
(11)
All drains shall be free of holes or leaks,
and lines may not be connected or sealed with tape, caulking, etc.
(12)
All water lines, spigots and valves must be
free of leaks and be in proper working order.
(13)
Any unused water, sewer or gas lines must be
properly plugged or capped.
(14)
All toilets, tubs and showers must be caulked
where they meet the floor.
Any applicant who is to obtain a certificate of occupancy under this ordinance, who is not able to do so in accordance with the provisions of this ordinance and the noncompliance is non-life-threatening an non-health-related, then and in that event only shall such applicant be given a thirty-day extension to fully comply with the provisions of this ordinance and shall be permitted occupancy during said thirty-day grace period prior to a certificate of occupancy being issued. If at the expiration of said thirty-day grace period said violations are not corrected and said noncompliance continues, then said applicant shall be in violation of the provisions of this ordinance and shall be subject to the violations and penalties as contained in § 22-7.[1]
[1]
Editor's Note: Former § 22-14, When
effective, which immediately followed this section was repealed 12-7-2004
by Ord. No. 19.04.
