The governing body shall appoint a Zoning Officer,
who is hereby given the duty, power and authority to enforce the provisions
of this chapter. He shall be responsible for the examination of all
applications for permits and the issuance of permits for the construction,
alteration, enlargement and occupancy of structures and all nonconforming
uses existing at the time of the passage of this chapter. The Zoning
Officer shall be responsible for recording and filing all applications
for permits with accompanying plans and documents and to make such
reports to the Board of Adjustment, governing body and the Land Use
Board as may be required.
[Amended 4-27-2004 by Ord. No. 1263]
A. New uses. No structure or land shall be occupied or
used until such time as a certificate of occupancy is issued by the
Zoning Officer. Such certificate of occupancy shall not be issued
until a site plan has been approved by the Land Use Board.
B. Nonconforming uses. No change or extension of use
and no alteration shall be made in a nonconforming use or premises
without a certificate of occupancy having first been issued by the
Zoning Officer stating that such change, extension, or alteration
is in conformity with the provisions of this chapter, or that the
same has been permitted by action of the Board of Adjustment. No certificate
of occupancy shall be issued by the Zoning Officer until such time
as a site plan has been submitted to, and approved by, the Land Use
Board.
C. Change of use. No owner, tenant, or other person shall
use or occupy any building, structure, or land, the use of which shall
be changed, without first obtaining a certificate of occupancy issued
by the Zoning Officer. Said certificate of occupancy shall not be
issued by the Zoning Officer until such time as a site plan has been
reviewed or approved by the Land Use Board.
D. Scope of certificate of occupancy. The certificate
of occupancy shall contain any and all information required by the
Land Use Board, and shall contain sufficient information as to the
extent and kind of use or uses, such that any future investigation
of the premises would disclose the extent to which a use was altered.
It shall also indicate whether such use is a permitted or nonconforming
use, and the extent to which the use does not conform to the provisions
of this chapter.
[Added 9-17-1991 by Ord. No. 991]
Certificates of continued occupancy shall be
required prior to the use or occupancy of any residential building
or dwelling or part thereof subsequent to the sale, lease, rental
or transfer of the real property on which said building or structure
is located until such time as a certificate of continued occupancy
has been issued by the Construction Code Official or other designated
municipal official pursuant to the requirements of this section.
A. Application. An application for certificate of continued
occupancy as required by this section shall be made on forms provided
by the Construction Code Official. Said Construction Code Official
shall, within 10 days from the receipt of fully completed forms and
fees as required by this section, inspect said property and issue
a certificate of continued occupancy or advise the owner of any specific
reasons for his refusal to issue a certificate of continued occupancy.
B. Inspection of premises. The inspection of the premises
by the Construction Code Official or the designated municipal official
shall be solely for the following purposes:
(1)
To ensure that smoke detectors as required by Subsection
C of this section have been installed.
(2)
To ensure that sump pumps or other rainwater
and groundwater control systems are not causing or allowing rainwater
or groundwater to enter into the municipal sewer system.
(3)
To ensure that carbon monoxide detectors as required by §
290-44.2 of this chapter have been installed.
[Added 5-20-2003 by Ord. No. 1228]
C. Smoke detectors.
(1)
Smoke detectors shall be installed in each dwelling
unit as defined in N.J.S.A. 55:13A-3 prior to the issuance of the
initial certificate of occupancy or upon the sale, rental, transfer
or lease of any residential dwelling unit in the Borough of Emerson.
(2)
Each residential dwelling unit sold, rented,
leased or transferred shall have a minimum of one smoke detector on
each level. A floor area separated by three or more risers from another
floor area shall be considered a separate level. Where a basement
exists, a smoke detector shall be installed on the basement ceiling.
(3)
Smoke detectors shall not be required in an
unoccupied attic. In order to achieve compliance with this section,
smoke detectors are required to be approved by the Underwriter's Laboratories
or Factory Mutual Research Corp.
(4)
Alarm signals from the smoke detectors shall
be clearly audible in all rooms on the level on which the smoke detector
is installed when all intervening doors are closed.
(5)
Smoke detectors shall be powered by either battery
or electricity. The installation of smoke detectors shall be governed
by the applicable sections of the National Fire Protection Association
(NFPA) 72 (National Fire Alarm and Signaling Code).
[Amended 4-20-2021 by Ord. No. 1627-21]
(6)
Owners of all dwelling units subject to this
section shall be responsible for the correct installation and maintenance
of smoke detectors.
(7)
The owner of a rental unit shall, at the time
of installation of the smoke detector and thereafter at the commencement
of each tenancy, provide to the tenant at least one copy of written
instructions on the operation, maintenance and testing of the smoke
detector, including the replacement of batteries in the battery-operated
unit.
(8)
The owner of each rental unit shall be responsible
for the proper maintenance of the smoke detectors, including the replacing
of batteries and repair or replacement of the unit in accord with
the standards hereinabove set forth.
D. Lead-based
paint inspections.
[Added 11-22-2022 by Ord. No. 1660-22]
(1)
Inspections for lead-based paint in rental dwelling units shall
be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et
seq. and 55:13A-1 et seq. A dwelling unit in a single-family, two-family,
or multiple rental dwelling shall not be subject to inspection and
evaluation for the presence of lead-based paint hazards if the unit:
(a)
Has been certified to be free of lead-based paint;
(b)
Was constructed after 1978;
(c)
Is in a multiple dwelling that has been registered with the
Department of Community Affairs as a multiple dwelling for at least
10 years, either under the current or a previous owner, and has no
outstanding lead violation from the most recent cyclical inspection
performed on the multiple dwelling under the "Hotel and Multiple Dwelling
Law," P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.);
(d)
Is a single-family or two-family seasonal rental dwelling which
is rented for less than six months' duration each year by tenants
that do not have consecutive lease renewals;
(e)
Has a valid lead-safe certification.
(2)
Required inspections:
(a)
General inspection. The owner, landlord and/or agent of every
rental dwelling unit offered for rental shall be required to have
an inspection of the facility done by the rental inspection officer
prior to the rental thereof. The rental inspection officer shall inspect
every rental dwelling unit prior to any occupancy or reoccupancy of
the dwelling.
(b)
Lead-based paint inspection. The owner, landlord and/or agent
of every single-family, two-family, and/or multiple dwelling unit
offered for rental shall be required to obtain an inspection of the
unit for lead-based paint hazards every three years, or at tenant
turnover, whichever is earlier.
(3)
Notice. Whenever any rental dwelling unit is scheduled for a
change in occupancy, the then-current owner shall provide written
notice to the rental inspection officer that an inspection is needed
at least 20 days prior to the scheduled change.
(4)
Time for inspections. All inspections and reinspections shall
take place within 10 working days of the requested inspection. Inspection
fees shall be paid prior to the inspection. No inspections or reinspections
shall take place unless all fees are paid. Scheduled inspections or
reinspections may be canceled by the Borough unless the completed
application and required fees have been received by the Borough at
least 24 hours prior to the scheduled inspection or on the last working
day prior to the scheduled inspection. Every inspection where the
landlord, tenant, owner or agent has failed to provide access for
inspection shall be deemed a failed inspection.
(5)
Fees for inspections. Lead-based paint inspection: In addition
to the general inpection fees due pursuant to this section, an additional
fee in the amount of $200 shall be paid for each lead-based paint
inspection. Said fee shall be dedicated to meeting the costs of implementing
and enforcing this subsection; $20 of said fee shall be sent to the
Lead Hazard Control Assistance Fund and shall not be used for any
other purpose. Alternatively, a dwelling owner or landlord may directly
hire a private lead evaluation contractor who is certified to provide
lead paint inspection services by the Department of Community Affairs
to satisfy the requirements of Section 22-346(c)(1)(b), in which case
no additional lead-based paint inspection fee shall be paid. In this
case, an administrative fee of $40 shall be collected along with a
fee of $20 to be collected and sent to the Lead Hazard Control Assistance
Fund.
E. Certificates on file. A record of all certificates
shall be kept on file at the office of the Construction Code Official
and copies shall be furnished upon request to any person having an
interest in the building upon payment of a fee of $50.
[Amended 4-20-2021 by Ord. No. 1627-21]
F. Fees. At the time an application for a certificate of continued occupancy is submitted, the applicant shall pay to the Construction Code Official or other designated municipal official a fee as provided in §
150-7 for inspection of smoke detectors and carbon monoxide detectors.
[Amended 5-20-2003 by Ord. No. 1228; 3-2-2004 by Ord. No.
1256; 4-20-2021 by Ord. No. 1627-21]
G. Notice. The Tax Collector is hereby directed to indicate
on every search and in every tax bill the following: "Ordinance No.
991 requires a certificate of continued occupancy upon the sale, lease,
rental or other transfer of said property."
[Added 5-20-2003 by Ord. No. 1228]
A. Carbon monoxide detectors are required in all new
one- and two-family houses and prior to the issuance of a certificate
of occupancy on existing homes as defined N.J.A.C. 5:70-2.3 and 4.19(d).
B. Carbon monoxide detectors shall be installed in each
dwelling unit as defined in N.J.A.C. 5:70-2.3 and 4.19(d) prior to
the issuance of the initial certificate of occupancy or upon the sale,
rental, transfer or lease of any residential dwelling unit in the
Borough of Emerson.
C. Each residential dwelling unit sold, rented, leased
or transferred shall have a minimum of one single-station carbon detector
installed and maintained in the immediate vicinity of all sleeping
rooms in all buildings of Use Group I-1, R-1, R-2, R-3 and R-4 that
contain fuel-burning appliances or have attached garages.
D. Carbon monoxide detectors shall not be required in
buildings in Use Group I-1, R-1, R-2, R-3 that do not have a fuel-burning
device or an attached garage.
E. Carbon monoxide detectors shall be powered by either
battery or electricity or of the plug-in type. The installation of
carbon monoxide detectors shall be governed in accordance with the
requirements of NFPA-720, the UCC and UFC. Each device shall be labeled
in accordance with UL-2034.
F. Alarm signals from the carbon monoxide detectors shall
be clearly audible in all rooms on the level on which the carbon monoxide
detector is installed when all intervening doors are closed.
G. Owners of all dwelling units subject to this section
shall be responsible for the correct installation and maintenance
of smoke detectors.
H. The owner of a rental unit shall, at the time of installation
of the carbon monoxide detector and, thereafter, at the commencement
of each tenancy, provide to the tenant at least one copy of written
instructions on the operation, maintenance and testing of the carbon
monoxide detector, including the replacement of batteries in the battery-operated
unit.
I. The owner of each rental unit shall be responsible
for the proper maintenance of the carbon monoxide detectors, including
replacing of batteries and repair or replacement of the unit in accord
with the standards hereinabove set forth.