[HISTORY: Adopted by the Township Council
of the Township of Stafford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-10-1984 by Ord. No. 84-48]
[Amended 12-4-1990 by Ord. No. 90-65]
All buildings, structures and units thereof
that are leased or rented, regardless of the term, in the Township
of Stafford shall be inspected by the Code Official on every initial
occupancy or change of occupancy after the effective date of this
article, but there shall not be more than one such inspection of each
leased or rented building, structure or units thereof in any calendar
year. All buildings, structures and units thereof, which are leased
or rented and not currently occupied at the time this article takes
effect, shall be considered an initial occupancy and subject to the
provisions hereof.
[Amended 8-4-1998 by Ord. No. 98-54]
A.
All buildings, structures and units thereof which
are inspected pursuant to this article shall comply in all respects
to the requirements of Township ordinances, the provisions of N.J.S.A.
55:13A-1 et seq. and 55:13B-1 et seq. and the applicable provisions
of the International Property Maintenance Code, 1998.
B.
Any and all new work required to be undertaken on
an existing structure must comply with the provisions of the New Jersey
Uniform Construction Code (N.J.S.A. 52:27D-119 et seq.).
[Added 8-4-1998 by Ord. No. 98-54]
The International Property Maintenance Code
and all of the terms contained therein, and as such portions as are
hereinafter deleted, modified, changed or amended, are hereby adopted
and incorporated as fully as if they were set forth at length herein.
Pursuant to N.J.S.A. 40:49-5.1 et seq., the aforesaid code is adopted
by reference thereto, and a copy of the printed code is annexed to
this chapter and shall be a part of it as fully as though it had been
set forth at length herein.
[Added 8-4-1998 by Ord. No. 98-54]
Three copies of the printed code have been placed
on file in the office of the Department of Building Inspections and
the office of the Township Clerk for use and examination of the public.
[Added 8-4-1998 by Ord. No. 98-54]
The following provisions of the International
Property Maintenance Code shall be revised and/or modified as follows:
B.
Section 301.3 is hereby deleted in its entirety.
C.
Sections 302.1, 302.2, 302.3, 302.4 and 302.8 are
hereby deleted in their entireties.
D.
Section 303.4 is hereby deleted in its entirety.
E.
In Section 303.7, the last sentence that reads, "Roof
water shall not be discharged in a manner that creates a public nuisance"
shall be deleted.
F.
In Section 303.15, the phrase "during the period from
[date] to [date]" shall be deleted.
G.
Section 303.18 shall be deleted in its entirety.
H.
Section 304.2 shall be deleted in its entirety.
I.
Section 305 entitled is hereby deleted in its entirety.
J.
In Section 502.4, the phrase" and one drinking facility"
shall be deleted.
K.
Section 505.2 shall be deleted in its entirety.
L.
In Section 505.4, the following sentence shall be
added: "All relief valve discharge pipes are to be metallic with no
threaded ends and are to terminate six inches above the finish floor."
M.
Section 507 is hereby deleted in its entirety.
N.
In Section 602.3, the phrase "during the period from
[date] to [date]" is hereby deleted, and the exception listed therein
is deleted in its entirety.
O.
In Section 602.4, the phrase "during the period from
[date] to [date]" is hereby deleted.
P.
Section 605.2 is hereby deleted in its entirety.
Q.
Section 606 is hereby deleted in its entirety.
R.
In Section 702.9, the phrase "and having more than
four risers" shall be revised to read "and having more than three
risers."
S.
In Section 705.5.2, the following sentence shall be
added: "AC primary power source smoke detectors are to be replaced
with the same power source with or without battery backup."
The owner, rental agent or manager of all buildings
and structures and units thereof subject to inspection pursuant to
this article shall be responsible for notifying, in writing, the Code
Official that such premises are leased or rented or being offered
to be leased or rented so that an inspection or reinspection may be
made.
[Amended 9-2-1997 by Ord. No. 97-79]
A.
Prior to the inspection and issuance of a rental certificate of occupancy, the owner of the property must comply with the provisions of § 164-2.
B.
Upon completion of an inspection of the premises and
the same being determined by the Code Official to comply with this
article, a rental certificate of occupancy shall be issued. A copy
of the certificate shall be posted by the owner, rental agent or manager
of the inspected property in each separate leased or rented unit.
No tenant shall occupy any building, structure or any units thereof
until a rental certificate of occupancy has been issued.
In the event that the Code Official determines,
after an inspection, that the premises in question are in violation
of this article, the Code Official shall notify, in writing, the owner,
rental agent or manager of the violations noted. Upon correction of
the violations, the owner, rental agent or manager shall notify, in
writing, the Code Official that the corrections have been made so
that a reinspection of the property may occur. If, upon reinspection
of the property, the Code Official determines that previous violations
were not corrected or new violations exist, then the Code Official
shall, again in writing, notify the owner, rental agent or manager
of the inspected property of the violations, and this process shall
continue until all violations have been corrected.
Service shall be deemed to be properly served
upon such owner if a copy thereof is delivered to the owner, rental
agent or manager personally, or by leaving the notice at the usual
place of abode in the presence of someone in the family of suitable
age and discretion who shall be informed of the contents thereof,
or by certified or registered mail addressed to the owner at the last
known address with return receipt requested, or, if the certified
or registered letter is returned with receipt showing that it has
not been delivered, by posting a copy thereof in a conspicuous place
in or about the structure affected by such notice and at least one
publication of such notice in a local newspaper of general circulation.
If, subsequent to the issuance of a rental certificate
of occupancy, the Code Official learns or becomes aware of violations
of this article, an inspection shall be made of the subject premises.
If violations are found to exist, then notification in writing shall
be given to the owner, rental agent or manager, and said person shall
have 10 days from service of the notice to correct all deficiencies
noted therein. In the event that the same have not been corrected
within 10 days, then the rental certificate of occupancy may be revoked
by the Construction Official by mailing a notice of revocation by
certified mail to the owner, rental agent or manager and to the tenant
or tenants, and the premises will be vacated.
A.
Any person violating or failing to comply with any
of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of not less than $100 nor more than $1,000,
by imprisonment for a term not to exceed 90 days or by community service
of not more than 90 days, or any combination of fine, imprisonment
and community service as determined by the Municipal Court Judge.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
[Amended 2-21-1989 by Ord. No. 89-22]
B.
Notwithstanding any of the aforementioned and not
in limitation thereof, in case any violation order is not promptly
complied with, the Code Official may request the jurisdiction's legal
representative to institute an appropriate action or proceeding at
law or equity to exact the penalty provided as indicated above or
may ask the legal representative to proceed at law or in equity against
the persons responsible for the violation for the following purposes:
(1)
To restrain, correct or remove the violation or refrain
from any further execution of work.
(2)
To restrain or correct the erection, installation,
or alteration of each structure.
(3)
To require the removal of work in violation.
(4)
To prevent the occupation or use of the structure
or part thereof erected, constructed, installed or altered in violation
of or not in compliance with the provisions of this article or in
violation of a plan or specification under which an approval, permit
or certificate was issued.
A.
Amounts.
[Amended 12-4-1990 by Ord. No. 90-65]
(1)
The owner of the inspected property shall be charged
a fee for each inspection as follows:
(2)
The term "dwelling unit" shall be defined as a single
unit providing complete, independent living facilities for one or
more persons, including permanent provisions for living, sleeping,
cooking and sanitation.
(3)
"Commercial unit" shall mean any rental property utilized
for nonresidential purposes.
(4)
A fee of $25 shall be charged for each residential
property which is required to be reinspected during any calendar year.
(5)
A fee of $50 shall be charged for each nonresidential
property which is required to be reinspected during any calendar year.
(6)
A fee of $15 shall be charged for each subsequent
reinspection required due to a previously failed inspection.
[Added 10-3-1995 by Ord. No. 95-94]
B.
The aforesaid fees shall be paid to the Code Official
prior to any inspection being made hereunder.
As used in this article, the following terms
shall have the meanings indicated:
The Township Construction Code Official, his designee or
an agency authorized to perform inspections on behalf of the Township.
[Adopted 8-28-1984 by Ord. No. 84-49]
The ownership of real estate shall not be transferred
unless prior thereto there has been obtained from the Construction
Official a certificate of occupancy.
[Amended 12-4-1990 by Ord. No. 90-65; 2-1-1994 by Ord. No. 94-18]
A.
Such certificate of occupancy shall certify that such
dwelling unit is fit for human habitation and that any commercial
unit is in compliance with all requirements promulgated by ordinance,
the New Jersey State Uniform Construction Code, the provisions of
N.J.S.A. 55:13A-1 et seq. and N.J.S.A. 55:13B-1 et seq. and the International
Property Maintenance Code, 1998.
[Amended 6-1-2004 by Ord. No. 2004-46]
B.
Prior to the issuance of a certificate of occupancy,
a chimney cap must be placed on all fireplaces in order to prevent
any animals from entering the chimney.
C.
Prior to the issuance of a certificate of occupancy,
all new or substantially renovated nonresidential structures must
have a Rapid Entry Knox-Box® located on the outside of the building
as directed by the Fire Official/Fire Inspector, accessible to emergency
personnel. Said Rapid Entry Knox-Box® must be of a design acceptable
to the Fire Official/Fire Inspector.
[Added 7-6-1999 by Ord. No. 99-36; amended 3-2-2010 by Ord. No. 2010-08]
[Added 6-1-2004 by Ord. No. 2004-46]
The following provisions of the International Property Maintenance Code, 1998, adopted herein by reference pursuant to § 81-2.1, shall be revised and/or modified as follows:
B.
Section 301.3 is hereby deleted in its entirety.
C.
Sections 302.1, 302.2, 302.3, 302.4 and 302.8 are
hereby deleted in their entireties.
D.
Section 303.4 is hereby deleted in its entirety.
E.
Section 303.7, the last sentence that reads, "Roof
water shall not be discharged in a manner that creates a public nuisance"
shall be deleted.
F.
Section 303.15, the phrase "during the period from
[date] to [date]" shall be deleted.
G.
Section 303.18 shall be deleted in its entirety.
H.
Section 304.2 shall be deleted in its entirety.
I.
Section 305 is hereby deleted in its entirety.
J.
Section 502.4, the phrase "and one drinking facility",
shall be deleted.
K.
Section 505.2 shall be deleted in its entirety.
L.
Section 505.4, the following sentence shall be added:
"All relief valve discharge pipes are to be metallic with no threaded
ends and are to terminate six inches above the finish floor."
M.
Section 507 is hereby deleted in its entirety.
N.
Section 602.3, the phrase "during the period from
[date] to [date]" is hereby deleted and the exception listed therein
is deleted in its entirety.
O.
Section 602.4, the phrase "during the period from
[date] to [date]" is hereby deleted.
P.
Section 605.2 is hereby deleted in its entirety.
Q.
Section 606 is hereby deleted in its entirety.
R.
Section 702.9, the phrase "and having more than four
risers” shall be revised to read "and having more than three
risers."
S.
Section 705.5.2, the following sentence shall be added:
"AC primary power source smoke detectors are to be replaced with the
same power source with or without battery backup."
A.
Within 10 days of the receipt of the application and application fee, the Construction Official shall either issue a certificate of occupancy pursuant to § 81-11 or issue a denial of the request for the certificate specifying the necessary corrections or repairs which must be made in order to cause the premises to comply with all ordinances adopted by the Township of Stafford or standards contained in the New Jersey Uniform Construction Code and the International Property Maintenance Code, 1998.
[Amended 12-4-1990 by Ord. No. 90-65; 6-1-2004 by Ord. No. 2004-46]
B.
The Construction Official may issue a temporary certificate of occupancy for a period not to exceed 90 days if the structure substantially complies with the criteria set forth in Subsection A above. In such event, the temporary certificate of occupancy shall be conditioned upon the completion of such items specified by the Construction Official and within the time period established by said Official.
As used in this article, the following terms
shall have the meanings indicated:
The Township Construction Official, his designee or an agency
authorized to perform inspections on behalf of the Township.
[Added 10-29-1985 by Ord. No. 85-82]
A.
Any person violating or failing to comply with any
of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of not less than $100 nor more than $1,000,
by imprisonment for a term not to exceed 90 days or by community service
of not more than 90 days, or any combination of fine, imprisonment
and community service as determined by the Municipal Court Judge.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
[Amended 2-21-1989 by Ord. No. 89-22]
B.
Notwithstanding any of the aforementioned and not
in limitation thereof, in case any violation order is not promptly
complied with, the Code Official may request the jurisdiction's legal
representative to institute an appropriate action or proceeding at
law or equity to exact the penalty provided as indicated above or
may ask the legal representative to proceed at law or in equity against
the persons responsible for the violation for the following purposes:
(1)
To restrain, correct or remove the violation or refrain
from any further execution of work.
(2)
To restrain or correct the erection, installation
or alteration of each structure.
(3)
To require the removal of work in violation.
(4)
To prevent the occupation or use of the structure
or part thereof erected, constructed, installed or altered in violation
of or not in compliance with the provisions of this article or in
violation of a plan or specification under which an approval, permit
or certificate was issued.
