[Amended 11-23-1993 by Ord. No. 2693-93]
A code regulating the establishment of minimum
maintenance standards for all structures and premises within the borough
is hereby established pursuant to P.L. 1946, c. 21, as amended, (N.J.S.A.
40:49-5.1 et seq.). A copy of said code is annexed hereto and made
a part hereof without inclusion of the text thereof herein, with additions,
deletions and changes as hereinafter set forth.
[Amended 11-23-1993 by Ord. No. 2693-93; 12-28-2020 by Ord. No. 3539-20]
The said code established and adopted by this
chapter is described and designated as the "International Property
Maintenance Code/2018” as published by International Code Council,
Inc.
[Amended 11-23-1993 by Ord. No. 2693-93; 12-28-2020 by Ord. No. 3539-20]
A copy of said International Property Maintenance
Code/2018, similarly marked, has been placed on file in the Rutherford
Building Department upon the introduction of this chapter and will
remain on file there for use and examination by the public until final
action is taken on said chapter.
[Amended 11-23-1993 by Ord. No. 2693-93; 2-1-1994 by Ord. No. 2698-94; 12-28-2020 by Ord. No. 3539-20]
The following sections of the code adopted under §
78-4 of this chapter are hereby revised or amended as hereafter set forth:
A. Section PM-101.1 shall include the "Borough of Rutherford" as the
name of the jurisdiction applicable.
B. Section PM-106.4, Penalty, shall read as follows: "Any person who
shall violate a provision of this code shall, upon conviction thereof,
be subject to a fine of not less than $100 nor more than $1,000 or
imprisonment for term not to exceed 90 days, or both, at the discretion
of the court. Each day that a violation continues after due notice
has been served shall be deemed a separate offense."
C. Section PM-304.14, Insect screens, shall read as follows: "During
the period from April 1 to November 1, every door, window and other
outside opening required for ventilation of habitable rooms, food
preparation areas, food service areas or any areas where products
to be included or utilized food for human consumption are processed,
manufactured, packaged or stored shall be supplied with approved tightly
fitting screens of minimum 16 mesh per inch (16 mesh per 24mm), and
every screen door used for insect control shall have a self-closing
device in good working condition. Exception: Screens shall not be
required where other approved means, such as air curtains or insect
repellent fans, are employed.
D. Section PM 602.2, Residential occupancies, shall read as follows:
"Dwellings shall be provided with heating facilities capable of maintaining
a room temperature of 70° F. (20° C.) in all habitable rooms,
bathrooms and toilet rooms based on the winter outdoor design temperature
for the locality indicated in Appendix D of the International Plumbing
Code. Cooking appliances shall not be used, nor shall portable unvented
fuel burning space heaters be used, as a means to provide required
heating."
E. Section PM 602.3, Heat supply, shall read as follows: "Every owner
and operator of any building who rents, leases or lets one or more
dwelling units or sleeping units on terms, either expressed or implied,
to furnish heat to the occupants thereof shall supply heat during
the period from October 1 to May 1 to maintain a minimum temperature
of 70° F. (20° C.) in all habitable rooms, bathrooms and toilet
rooms."
G. Section 602.4, Occupiable work spaces. Indoor occupiable work spaces
shall be supplied with heat during the period from October 1 to May
1 to maintain a minimum temperature of 65° F. (18° C.) during
the period the spaces are occupied.
"Exceptions:
"1. Processing, storage and operation areas that require cooling
or special temperature conditions.
"2. Areas in which persons are primarily engaged in vigorous
physical activities."
All penalties and money collected under any
provision of this chapter or the code established herein shall be
paid to the Treasurer of the Borough of Rutherford.
All ordinances or parts of ordinances inconsistent
with any of the provisions of this chapter and the code established
herein are hereby repealed to the extent of such inconsistency.
In the event that any section, sentence or clause
of this chapter or the code established herein shall be declared unconstitutional
by a court of competent jurisdiction, such declaration shall not in
any manner prejudice the enforcement of the remaining provisions.