Borough of Emerson, NJ
Bergen County
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Table of Contents
Table of Contents
The governing body shall appoint a Building Inspector, 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 Building Inspector 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 Planning Board as may be required.
A. 
Purpose. To ensure compliance with the provisions of this chapter, no person shall erect, alter or convert any structure or building, or part thereof, nor alter the use of any land, subsequent to the adoption of this chapter, until the proper permit has been issued by the Building Inspector. Building permits for variances and special uses shall only be issued upon written resolution of the Board of Adjustment or, in the case of special use variances, the governing body.
B. 
Enforcement.
(1) 
The provisions of this chapter shall be enforced by the Building Inspector, but any other person shall have the right to enforce the requirements hereunder by taking action necessary as provided by law.
(2) 
It shall be the duty of the Building Inspector to keep a record of all applications for permits together with a record of all permits issued. He shall file and safely keep copies of all plans submitted and shall have them available for the use of the officials of the Borough of Emerson.
(3) 
The Building Inspector shall not issue a permit for the construction, alteration or use of any building, sign or property, unless there first is filed with him duplicate copies of the plans and specifications for the construction or alteration, together with a plot plan drawn to scale showing the location of all present buildings and signs on the same. In addition thereto, he shall require a complete statement of the use for which any present or proposed buildings or premises are to be occupied. No such permit shall be issued unless the construction, alteration or use shall conform to the requirements of this chapter and all other ordinances of the Borough of Emerson.
(4) 
All permits shall be issued in duplicate, and one copy shall be kept conspicuously on the premises affected and protected from the weather whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any construction operations of any kind unless a permit covering such operation has been displayed as required by this chapter, nor shall construction operations of any kind be performed after notification of the revocation of said permit.
(5) 
All requests for a building permit shall be made in writing by the owner or his authorized representative on forms supplied by the Building Inspector.
C. 
Denial of permit. When the Building Inspector is not satisfied that the applicants proposal will meet the requirements of this chapter, he shall refuse to issue a permit and shall so notify the applicant in writing, giving the reason for denial. The applicant may appeal to the Board of Adjustment for a reversal or modification of the official's decision.
D. 
Revocation of permits. If it shall appear at any time to the Building Inspector that the application or accompanying plan is in any respect misleading or that work is being done upon the premises differing materially from that called for in the application filed with him under the existing law or ordinances, he may forthwith revoke the permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to said Building Inspector. After the permit has been revoked, the Building Inspector may, in his discretion, before issuing a new permit, require the applicant to file a guaranty in favor of the Borough of Emerson with sufficient surety for compliance with this chapter and all laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building or structure if it does not so Comply.
E. 
Expiration of permits. If a permit has not been acted upon by the commencement of construction within 12 months (one year) from the date of issuance, said permit and all rights created thereby shall expire.
[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 Building Inspector. Such certificate of occupancy shall not be issued until a site plan has been approved by the Planning Board or Board of Adjustment, whichever board is appropriate.
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 Building Inspector 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 Building Inspector until such time as a site plan has been submitted to, and approved by, the Planning Board and/or Board of Adjustment.
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 Building Inspector. Said certificate of occupancy shall not be issued by the Building Inspector until such time as a site plan has been reviewed or approved by the Planning Board or Board of Adjustment, whichever is appropriate.
D. 
Scope of certificate of occupancy. The certificate of occupancy shall contain any and all information required by the Board of Adjustment and/or Planning 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 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 Official. Said Construction 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 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 section 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) Standard No. 72E or 74.
(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. 
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 $5.
E. 
Fees. At the time an application for a certificate of continued occupancy is submitted, the applicant shall pay to the Construction Official or other designated municipal official a fee of $100 for inspection of smoke detectors, sump pumps and carbon monoxide detectors.
[Amended 5-20-2003 by Ord. No. 1228; 3-2-2004 by Ord. No. 1256]
F. 
Notice. The Tax Collector is hereby directed to indicate on every search and in every tax tax bill the following: "Ordinance No. 991 requires a certificate of continued occupancy upon the sale, lease, rental or other transfer of said property."
[1]
Editor’s Note: For information regarding the minimum fine for violation, see the Schedule of Minimum Fines, which is located in Ch. 1, General Provisions, Art. II, General Penalty.
[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.
A. 
Complaints of violations. Any person may file a complaint if there is any reason to believe a violation of this chapter exists. All such complaints must be in writing and shall be filed with the Building Inspector, who shall properly record such complaint and immediately investigate such.
B. 
Procedures for abatement of violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or any ordinance or regulation made under authority conferred hereby, the governing body or, with its approval, the Building Inspector or other proper official, in addition to other remedies, may institute any appropriate legal action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use about such premises.
C. 
Penalties.
(1) 
Any persons, firm or corporation violating any provisions of this chapter shall, upon conviction, be punished by a fine of not to exceed $500 for each offense or be imprisoned in the county jail for a term not exceeding 30 days, or both. Each day that a violation occurs or is committed shall constitute a separate offense.
(2) 
No provisions of this section shall be construed to prevent the Borough of Emerson from taking any other remedy available for the proper enforcement of this chapter and the prevention of continuance of violations of the same.