As used in this chapter, the following terms shall have the meanings indicated:
BASEMENTThat portion of a building which is partly or completely below grade.
BATHROOMA room containing plumbing fixtures, including a bathtub or shower.
BUILDING CODEThe building subcode adopted pursuant to the Uniform Construction Code.
CERTIFICATE OF COMPLIANCEThe certificate issued by the Code Official meaning that as a result of a general inspection of the visible parts of the property and the building, no known violations exist and no unsafe conditions exist in violation of this code. The certificate shall contain a statement indicating the occupancy load of the structure or space and that the structure is in compliance with this code.
CODE OFFICIALThe official who is charged with the administration and enforcement of this code, or any duly authorized deputy.
CONDEMNTo adjudge unfit for use or occupancy.
DWELLINGSA. BOARDINGHOUSE AND ROOMING HOUSEAs per N.J.S.A. 55-13B-3, shall mean any building together with any related structure, accessory building, any land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single-room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any residential hotel or congregate living arrangement, but excluding any hotel, motel or established guest house wherein a minimum of 85% of the units of dwelling space are offered for limited tenure only, any foster home as defined in Section 1 of P.L. 1962, c. 137 (N.J.S.A. 30:4C-26.1), any community residence for the developmentally disabled as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), any dormitory owned or operated on behalf of any nonprofit institution of primary, secondary or higher education for the use of its students, any building arranged for single-room occupancy wherein the units of dwelling space are occupied exclusively by students enrolled in a full-time course of study at an institution of higher education approved by the Department of Higher Education, and any facility or living arrangement operated by, or under contract with, any state department or agency, upon the written authorization of the Commissioner.
MULTIPLE-FAMILY DWELLINGA building containing more than two dwelling units and not classified as a one- or two-family dwelling.
ROOMING UNITAny room or group of rooms forming a single habitable unit used or intended to be used for sleeping and/or living, but not for cooking purposes.
DORMITORYA space in a building where group-sleeping accommodations are provided in one room, or in a series of closely associated rooms, for person not members of the same family group.
HOTELAny building containing six or more guest rooms, intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.
ONE-FAMILY DWELLINGA building containing one dwelling unit only and occupied or intended to be occupied exclusively for residence purposes by one family or one housekeeping unit excluding boarding and rooming houses.
TWO-FAMILY DWELLINGA building containing two dwelling units only and occupied or intended to be occupied exclusively for residence purposes by two families or two housekeeping units, living independently of each other and each with their own cooking and sanitary facilities excluding boardinghouses and rooming houses.
DWELLING UNITA single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EXTERIOR PROPERTYThe open space on the premises and on adjoining premises under the control of owners or operators of such premises.
EXTERMINATIONThe control and elimination of insects, rats or other pests by eliminating their harborage places, by removing or making inaccessible materials that serve as food, by poison spraying, fumigating, trapping or by other approved pest elimination methods.
FAMILYOne or more persons customarily living together as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boardinghouse, lodging house, hotel or motel. An individual or married couple and the children thereof with not more than two other persons related directly to the individual or married couple by blood or marriage or a group of not more than five unrelated persons living together as a single housekeeping unit in a dwelling unit.
GARBAGEThe animal and vegetable waste from the handling, preparation, cooking and consumption of food.
HABITABLE SPACESpace in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.
INFESTATIONThe presence within or contiguous to a structure or premises of insects, rats, vermin or other pests.
LET FOR OCCUPANCY OR LETTo permit occupancy of a dwelling, dwelling unit, rooming unit, building or structure by a person who shall be the legal owner or not be the legal owner or record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for sale of land.
OCCUPANTAny person living or sleeping in a building, or having possession of a space within a building.
OPERABLE AREAThe part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATORAny person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OWNERAny person, agent, operator, firm, or corporation having legal or equitable interest in the property; or recorded in the official records of the state, county, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person; and the executor or administrator of the estate of such person if ordered to take possession of real property by the court.
PERSONAn individual, corporation, partnership or any other group acting as a unit.
PLUMBINGThe practice, materials, and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances, and appurtenances within the scope of the plumbing subcode pursuant to the Uniform Construction Code.
PLUMBING FIXTUREA receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises and demands a supply of water therefrom; or discharges used water, liquid-borne waste materials or sewage either directly or indirectly to the drainage system of the premises; or which requires both a water supply connection and a discharge to the drainage system of the premises.
PREMISESA lot, plot or parcel of land including the buildings or structures thereon.
PUBLIC NUISANCEIncludes the following:
A. The physical condition or use of any premises regarded as a public nuisance at common law;
Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures;
Any premises which is unsanitary due to the lack of required sewage or plumbing facilities;
Any premises designated as unsafe for human habitation or use;
Any premises which is manifestly capable of being a fire hazard, or are manifestly unsafe or unsecured as to endanger life, limb or property;
Any premises from which the plumbing, heating and/or facilities required by this code have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided;
Any premises which are unsanitary, or which is littered with rubbish or garbage, or has an uncontrolled growth of weeds, which presents a hazard or affects the public health and safety; or
Any structure or building that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter, in danger of collapse or failure, and dangerous to anyone on or near the premises.
RECYCLABLESRecycables are certain types of rubbish, such as plastics, glass, and aluminum, which are collected separately from solid waste, to be reprocessed into useful items.
RUBBISHCombustible and noncombustible waste materials, except garbage and the term, shall include the residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass, crockery, tires, house appliances, bedding materials and dust and other similar materials.
STRUCTUREThat which is built or constructed, including without limitation because of enumeration, buildings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes, chute escapes, railings, water tanks, open grade steps, sidewalks or stairways, tents or anything erected and framed or component parts which is fastened, anchored or rests on a permanent foundation or on the ground.
TOILET ROOMA room containing a water closet or urinal but not a bathtub or shower.
VENTILATIONThe natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
WORKMANLIKEExecuted in a skilled manner; e.g., generally plumb, level, square, in line, undamaged, and without marring adjacent work.
YARDAn open space on the same lot with a building.