Borough of Wharton, NJ
Morris County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

§ 231-13 General.

A. 
Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
B. 
Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this chapter. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. Owners, operators and occupants shall have all the duties, obligations and responsibilities prescribed in this chapter, and no such person or entity shall be relieved of any such duty, obligation or responsibility hereunder, nor be entitled to assert as a defense against any charge made against him or them for violation of this chapter the fact that another owner, operator or occupant or any other third person or entity is also responsible therefor and in violation thereof.
C. 
Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.

§ 231-14 Exterior property areas.

A. 
Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in clean and sanitary condition.
B. 
Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon, except for approved retention areas and reservoirs.
C. 
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions and free from obstructions.
D. 
Grass and weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches, including weeds, before it shall be mowed or cut down. If the owner or occupant of the premises fails to cut the grass, within seven days after notice to do so, the Borough may hire a contractor to cut the grass or do so itself. The owner will be charged for all associated costs. If unpaid, pursuant to law said costs will become a lien upon the property. If the owner or occupant habitually fails to comply with the provisions of this section, the Borough will take corrective action as set forth in this chapter. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens.
E. 
Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. Proof of extermination shall be provided to the Borough to verify that adequate measures were taken.
F. 
Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
G. 
Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
H. 
Outdoor storage.
[Amended 10-23-2006 by Ord. No. O-22-06]
(1) 
Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in the state of major disassembly, disrepair or in the process of being stripped or dismantled. Commercial painting of vehicles is prohibited unless conducted inside an approved spray booth. No motor vehicle, boat, trailer or storage container shall be parked, kept or stored on the front lawn; on an unpaved area in the front of the dwelling; on a sidewalk or on an unpaved walkway in front of the dwelling. Off-street parking of motor vehicles for all dwellings shall only be on areas designed and constructed for such use; for dwellings with garages, such areas shall lead directly to the garage; for dwellings without garages, such areas shall only be located on the side of such dwellings unless there is insufficient area on the side to accommodate a parking area.
(2) 
Exception: A vehicle of any type is permitted to undergo major overhaul, including bodywork, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
I. 
Defacement of property. No person shall willfully or wantfully damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti.
J. 
Exterior maintenance standards. The exterior of the premises, the exterior of structures and the condition of accessory structures shall be maintained so that the appearance of the premises and all structures thereon shall reflect a level of maintenance in keeping with the character of the neighborhood, residential, commercial and/or industrial, and such that the appearance of the premises and structures shall not constitute a blighting factor on adjoining property owners nor an element leading to the progressive deterioration and downgrading of the neighborhood.
K. 
Free of matter, materials or conditions. The exterior of all premises shall be kept free of the following matter, materials or conditions:
(1) 
Refuse, as herein defined.
(2) 
Rubbish, as herein defined.
(3) 
Abandoned, uncovered or structurally unsound wells, shafts, towers, exterior cellar openings, basement hatchways, foundations, excavations or outhouses.
(4) 
Abandoned iceboxes, refrigerators, boilers, hot-water heaters, television sets, and other similar appliances.
(5) 
Furniture not designed for outdoor use.
(6) 
Structurally unsafe or unsound buildings, structures or fences.
(7) 
Animal excrement.
(8) 
Hidden or uncovered ground or surface hazards, such as holes, sudden depressions, and sharp or jagged projections or obstructions.
(9) 
Buried rubble, refuse or rubbish.
(10) 
Nuisances, as herein defined.
(11) 
Dangerously loose and overhanging objects, including but not limited to dead trees, tree limbs, hedges, accumulations of ice or any object, natural or man-made, which could threaten the health and safety of persons if caused to fall, or other similar dangerously loose and overhanging objects which by reason of their location above ground level constitute an actual hazard to persons or vehicles in the vicinity thereof. A minimum clearance of eight feet shall be provided above pedestrian pathways.
(12) 
Inadequate or unsafe foundation walls, piers and columns and other similar structurally unsound, damaged or defective load-bearing components which are incapable of bearing imposed loads safely at all points, as determined by the Housing Officer.
(13) 
All firewood shall be stacked neatly and shall not be stacked or stored within any front yard as determined by the orientation of the house. The firewood shall not be closer than three feet to any property line unless it is fully covered, and it shall be raised a minimum of 12 inches off the ground.
(14) 
Structurally unsound, loose, dangerous, crumbling, missing, broken, rotted or unsafe exterior portions of buildings or structures, including, but not limited to, porches, landings, balconies, stairways, handrails, steps, walls, timbers, overhangs, roofs, fences, supporting members, abutments, fire escapes, and signs; loose, crumbling or falling bricks, stones, mortar or plaster.
(15) 
The exterior of every structure or accessory structure, including fences and walls, shall be maintained in good repair. The same shall be maintained free of broken window glass, loose shingles, crumbling stone or excessive paint peeling or other condition reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety or fire hazards eliminated or adjoining properties protected from blighting influences. Except in a case of a fire, no window may be boarded over except as a temporary emergency measure and, in no case, for more than 90 days, unless approved by the Housing Officer, upon such terms and conditions as he deems advisable. (Windows boarded up as of the effective date of this chapter shall be treated as if first boarded up on said date.) In the event of a fire, the Housing Officer may permit the windows of the property to remain boarded up for additional ninety-day periods, but not for more than 270 days. The Housing Officer is empowered to grant a permit to erect temporary fences, such as but not limited to fences to protect new plantings, fences to secure abandoned property, fences to be erected during construction or similar fences. Except in the case of construction or repair of premises, no such temporary fence shall be permitted for more than 60 days, unless an extension is approved by the Housing Officer upon such terms and conditions, as he deems advisable. Snow fences may be temporarily installed, without permit, from November 1 through March 31 of each year.
(16) 
Garbage containers and storage.
(a) 
Every owner, operator and occupant shall have the duty and responsibility of providing sufficient and suitable receptacles with close-fitting covers for receiving and holding refuse, garbage and recyclable cans and bottles. The receptacles shall be maintained with the cover in place to prevent the creation of a nuisance. All receptacles shall be kept separate and apart from public sidewalks and other pedestrian areas, except when set out for collection during the hours of a day scheduled for collection. To the extent possible, all such receptacles shall be concealed or camouflaged from view from any member of the public facing the premises in question. Commercial establishments shall keep all such receptacles in an enclosed area not subject to public view.
(b) 
No garbage, refuse, rubbish, recyclable, container or receptacle for the aforesaid or any articles or materials for removal by the Borough's Department of Public Works, or by private contractor where applicable, shall be placed or permitted to remain forward of the building line of any premises or at any curb in the Borough for collection, except between 5:00 p.m. of the day preceding the collection day and 9:00 p.m. of the collection day. For good cause shown, on a case-by-case basis, the Housing Officer may vary the hours set forth above, subject to such conditions as he, in his discretion, shall impose.
(17) 
It shall be the responsibility of every owner or occupant of property in the Borough to keep the adjacent curbs and sidewalks free from accumulations of litter, dirt and weeds, or obstructions, including the area known as a "mowing strip" between the sidewalk and the curbs.

§ 231-15 Swimming pools, spas and hot tubs.

A. 
Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition and in good repair.
B. 
Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth, shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.

§ 231-16 Exterior structure.

A. 
General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
B. 
Protective treatment. All exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors and skylights shall be maintained weather-resistant and watertight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
C. 
Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).
D. 
Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
E. 
Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
F. 
Exterior walls. All exterior walls shall be free from holes, breaks and loose or rotting materials, and maintained weatherproof and properly surface-coated where required to prevent deterioration.
G. 
Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
H. 
Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
I. 
Overhang extensions. All overhang extensions, including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
J. 
Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
K. 
Chimneys and towers. All chimneys, cooling towers, smokestacks, and similar appurtenances shall be maintained structurally safe and sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
L. 
Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
M. 
Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weathertight.
(1) 
Glazing. All glazing materials shall be maintained free from cracks and holes.
(2) 
Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
N. 
Insect screens.
(1) 
During the period from June 1 to August 31, 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 in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition.
(2) 
Exception. Screens shall not be required where other approved means, such as air curtains or insect-repellent fans, are employed.
O. 
Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwellings units, rooming units and guest rooms shall tightly secure the door. Locks on means-of-egress doors shall be in accordance with this chapter.
P. 
Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
Q. 
Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.
R. 
Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.
S. 
Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a dead-bolt lock meeting specifications set forth herein. Such dead-bolt locks shall be operated only by the turning of a knob or a key and shall have a lock throw of not less than one inch. For the purpose of this section, a sliding bolt shall not be considered an acceptable dead-bolt lock. Such dead-bolt locks shall be installed according to manufacturer's specifications and maintained in good working order. All dead-bolt locks required by this section shall be designed and installed in such a manner so as to be operable inside of the dwelling unit, rooming unit, or housekeeping unit without the use of a key, tool, combination thereof or any special knowledge or effort.
T. 
Windows. Operable windows, located in whole or in part within six feet (1828 mm) above ground level or a walking surface below, that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let, shall be equipped with window-sash-locking devices.
U. 
Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.

§ 231-17 Interior structure.

A. 
General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units, or two or more nonresidential occupancies shall maintain in a clean and sanitary condition the shared or public areas of the structure and exterior property.
B. 
Structural members. All structural members shall be maintained structurally sound and be capable of supporting the imposed loads.
C. 
Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
D. 
Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
E. 
Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
F. 
Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.

§ 231-18 Handrails and guardrails.

A. 
General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1067 mm) high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, balcony, porch, deck or ramp or other walking surface.
B. 
Exception. Guards shall not be required where exempted by the adopted building code.

§ 231-19 Rubbish and garbage.

A. 
Accumulation of rubbish or garbage. All exterior property and premises, including the curb gutters, and the interior of every structure shall be free from any accumulation of rubbish or garbage.
B. 
Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.
(1) 
Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.
(2) 
Refrigerators. Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors.
C. 
Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.
(1) 
Garbage facilities. The owner of every dwelling shall supply an approved covered outside garbage container.
(2) 
Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.

§ 231-20 Extermination.

A. 
Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
B. 
Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.
C. 
Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.
D. 
Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination.
E. 
Occupant.
(1) 
The occupant of any structure shall be responsible for the continued rodent- and pest-free condition of the structure.
(2) 
Exception. Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination.

§ 231-21 Light, ventilation and occupancy limitations.

A. 
General.
(1) 
Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.
(2) 
Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this chapter.
(3) 
Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted.
B. 
Light.
(1) 
Habitable spaces.
(a) 
Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8% of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.
(b) 
Exception. Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served.
(2) 
Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall be lighted at all times with at least a sixty-watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area of equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress stairway, with a minimum of one footcandle (11 lux) at floors, landings and treads.
(3) 
Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.
C. 
Ventilation.
(1) 
Habitable spaces.
(a) 
Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45% of the minimum glazed area required in this chapter.
(b) 
Exception. Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the floor area of the interior room or space but not less than 25 square feet (2.33 m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated.
(2) 
Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by this chapter, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.
(3) 
Cooking facilities.
(a) 
Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormitory unit.
(b) 
Exception. Where specifically approved in writing by the Housing Officer.
(4) 
Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space.
(5) 
Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions.
D. 
Occupancy limitations.
(1) 
Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
(2) 
Minimum room widths. A habitable room, other than a kitchen, shall not be less than seven feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (914 mm) between counterfronts and appliances or counterfronts and walls.
(3) 
Minimum ceiling heights.
(a) 
Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet (2134 mm).
(b) 
Exceptions.
[1] 
In one- and two-family dwellings, beams or girders spaced not less than four feet (1,219 mm) on center and projecting not more than six inches (142 mm) below the required ceiling height.
[2] 
Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six feet eight inches (2,033 mm) with not less than six feet four inches (1,932 mm) of clear height under beams, girders, ducts and similar obstructions.
[3] 
Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet (2,134 mm) over not less than 1/3 of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five feet (1,524 mm) or more shall be included.
(4) 
Bedroom requirements. Every bedroom shall comply with the requirements of this chapter.
(a) 
Area for sleeping purposes. Every bedroom occupied by one person shall contain at least 70 square feet (6.5 m2) of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.6 m2) of floor area for each occupant thereof.
(b) 
Access from bedrooms.
[1] 
Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.
[2] 
Exception. Units that contain fewer than two bedrooms.
(c) 
Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.
(d) 
Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes.
(e) 
Other requirements. Bedrooms shall comply with the applicable provisions of this chapter, including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of this chapter; the heating facilities and electrical receptacle requirements of this chapter; and the smoke detector and emergency escape requirements of this chapter.
(5) 
Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table A.
Table A
Minimum Area Requirements
Minimum Area
(square feet)
Space
1 to 2 Occupants
3 to 5 Occupants
6 or More Occupants
Living room
No requirements
120
150
Dining room
No requirements
80
100
Bedrooms
Shall comply with this chapter
Shall comply with this chapter
Shall comply with this chapter
(a) 
Sleeping area. The minimum occupancy area required by Table A shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with this chapter.
(b) 
Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table A if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
(6) 
Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:
(a) 
A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 m2). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7m2). These required by Subsection D(6)(b) and (c).
(b) 
The unit shall be provided with a kitchen sink, cooking appliance and refrigeration each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this chapter shall be provided.
(c) 
The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
(d) 
The maximum number of occupants shall be three.
(7) 
Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.

§ 231-22 Plumbing facilities and fixture requirements.

A. 
General.
(1) 
Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.
(2) 
Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this chapter.
B. 
Required facilities.
(1) 
Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink, which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.
(2) 
Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.
(3) 
Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each 10 occupants.
(4) 
Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees.
(5) 
Drinking facilities. Drinking facilities shall be a drinking foundation, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.
C. 
Toilet rooms.
(1) 
Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.
(2) 
Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway.
(3) 
Location of employee toilet facilities.
(a) 
Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one story above or below the employees' working area, and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities.
(b) 
Exception. Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities.
(4) 
Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.
D. 
Plumbing systems and fixtures.
(1) 
General. All plumbing fixtures shall be properly installed and maintained in working order and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
(2) 
Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning.
(3) 
Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the Housing Officer shall require the defects to be corrected to eliminate the hazard.
E. 
Water system.
(1) 
General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code.
(2) 
Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.
(3) 
Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely and free from defects and leaks.
(4) 
Water-heating facilities. Water-heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110° F. (43° C.). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination-temperature-and-pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.
F. 
Sanitary drainage system.
(1) 
General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
(2) 
Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.
G. 
Storm drainage. Drainage of roofs and paved areas, yards and courts and other open areas on the premises shall not be discharged in a manner that creates a public nuisance.

§ 231-23 Mechanical and electrical requirements.

A. 
General.
(1) 
Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided.
(2) 
Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter.
B. 
Heating facilities.
(1) 
Facilities required. Heating facilities shall be provided in structures as required by this section.
(2) 
Residential occupancies.
(a) 
Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68° 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 to provide space heating to meet the requirements of this section.
(b) 
Exception. In areas where the average monthly temperature is above 30° F. (-1° C.), a minimum temperature of 65° F. (18° C.) shall be maintained.
(3) 
Heat supply.
(a) 
Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guest room 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 temperature of not less than 68° F. (20° C.) in all habitable rooms, bathrooms and toilet rooms.
(b) 
Exceptions.
[1] 
When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required, provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.
[2] 
In cases where the average monthly temperature is above 30° F. (-1° C.), a minimum temperature of 65° F. (18° C.) shall be maintained.
(4) 
Occupiable work spaces.
(a) 
Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to May 1 to maintain a temperature of not less than 65° F. (18° C.) during the period the spaces are occupied.
(b) 
Exceptions. Processing, storage and operation areas that require cooling or special temperature conditions; areas in which persons are primarily engaged in vigorous physical activities.
(5) 
Room temperature measurement. The required room temperatures shall be measured three feet (914 mm) above the floor near the center of the room and two feet (610 mm) inward from the center of each exterior wall.
C. 
Mechanical equipment.
(1) 
Mechanical appliances. All mechanical appliances, fireplaces, solid-fuel-burning appliances, cooking appliances and water-heating appliances shall be properly installed and maintained in a safe working condition and shall be capable of performing the intended function.
(2) 
Removal of combustion products.
(a) 
All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.
(b) 
Exception. Fuel-burning equipment and appliances which are labeled for unvented operation.
(3) 
Clearances. All required clearances to combustible materials shall be maintained.
(4) 
Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation.
(5) 
Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.
(6) 
Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom shall not be installed unless labeled for such purpose and the installation is specifically approved.
D. 
Electrical facilities.
(1) 
Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and code.
(2) 
Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the ICC Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes.
(3) 
Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the Housing Officer shall require the defects to be corrected to eliminate the hazard.
E. 
Electrical equipment.
(1) 
Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.
(2) 
Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground-fault circuit interrupter. Every bathroom shall contain at least one receptacle with a ground-fault circuit interrupter.
(3) 
Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture.
F. 
Elevators, escalators and dumbwaiters.
(1) 
General. Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate properly, and to be free from physical and fire hazards. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, or the certificate shall be available for public inspection in the office of the building operator.
(2) 
Elevators.
(a) 
In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied.
(b) 
Exception. Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.
G. 
Duct systems. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function.

§ 231-24 Firesafety requirements.

A. 
General.
(1) 
Scope. The provisions of this chapter shall govern the minimum conditions and standards for firesafety relating to structures and exterior premises, including firesafety facilities and equipment to be provided.
(2) 
Responsibility. The owner of the premises shall provide and maintain such firesafety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this chapter.
B. 
Means of egress.
(1) 
General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Building Code.
(2) 
Aisles. The required width of aisles in accordance with the International Building Code shall be unobstructed.
(3) 
Locked doors. All means-of-egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code.
(4) 
Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction and the following:
(a) 
Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools.
(b) 
Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings, provided that the minimum net clear opening size complies with the code that was in effect at the time of construction, and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening.
C. 
Fire-resistance ratings.
(1) 
Fire-resistance-rated assemblies. The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained.
(2) 
Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smoke stop doors shall be maintained in operable condition. Fire doors and smoke-barrier doors shall not be blocked or obstructed or otherwise made inoperable.
D. 
Fire alarm and detection systems.
(1) 
General. This section covers the application, installation, performance and maintenance of fire alarm systems and their components.
(2) 
Groups. Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and I-1, as defined in the International Building Code 2000, New Jersey Edition, regardless of occupant load at all of the following locations:
(a) 
On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
(b) 
In each room used for sleeping purposes.
(c) 
In each story within a dwelling unit, including basements and cellars, but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level, provided that the lower level is less than one full story below the upper level.
(3) 
Power source. In new construction, required smoke alarms shall receive their primary power from the building wiring where such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for over-current protection.
(4) 
Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling unit in Group R-2, R-3 or R-4, or within an individual guest room or suite in Group R-1, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.
E. 
Carbon monoxide alarms.
(1) 
General. Single-station carbon monoxide alarms are required to be installed and maintained in the immediate vicinity of the sleeping area in every single-family residence, guest room or dwelling unit and those structures that are required to be registered with the New Jersey Department of Community Affairs as multiple dwellings.
(2) 
Applicability. All such alarms shall be installed if the dwelling unit or guest room in the building contains a fuel-burning appliance, has an attached garage or is connected by ductwork or ventilation shafts to a room containing a fuel-burning appliance or to an attached garage. If the building contains a fuel-burning appliance or has an attached garage, common area alarms shall be installed in the immediate vicinity of any ventilation shaft on the floor containing the fuel-burning appliance and within two stories above and below. For buildings registered with the New Jersey Bureau of Housing Inspection or the Bureau of Rooming and Boarding House Standards, Bureau approval is required for such installation. Common area alarms must be interconnected or monitored. As an alternative, alarms may be installed in each unit.
(3) 
Installation. All such alarms shall be installed and maintained as follows:
(a) 
The device is permitted to be battery-operated, hard-wired or plug-in type.
(b) 
If installing an electrically operated device, the AC power source is required to be supplied from either a dedicated branch circuit or the unswitched portion of a branch circuit also used for power and lighting. Operation of a switch (other than a circuit breaker) or a ground-fault circuit interrupter is not permitted to cause loss of power to the alarm.
(c) 
The alarm may be located on a wall, ceiling or other location as specified in the manufacturer's installation instructions.
(d) 
The device is required to be supported independently of its attachment to wires.
(e) 
For alarms installed in the vicinity of sleeping rooms, the alarm notification appliance is required to be clearly audible in all bedrooms over background noise levels and with all intervening doors closed, with a minimum rating of 85 dBA at 10 feet. If the alarm is intended to notify occupants in the same room, the sound pressure level is permitted to be 75 dBA at 10 feet.
(f) 
Alarms shall be manufactured, listed and labeled in accordance with UL 2034, entitled "Single and Multiple Station Carbon Monoxide Alarms." Each device shall have a label indicating that it meets this requirement.

§ 231-25 Certificate of habitation.

A. 
No owner, owner of rental properties, agent of owner, real estate agent or broker, firm, company, partnership, corporation or person or persons shall sell, rent, transfer, grant, lease, let or mortgage with right of occupancy or otherwise dispose of the ownership or occupancy thereof, whether or not for a consideration and whether such disposal of ownership or occupancy be temporary or permanent, any dwelling unit, hotel, motel, rooming house, rooming unit, boardinghouse or premises on which a building is located and is used for human occupancy unless a certificate of habitation certifying that the building and premises are in compliance with all applicable ordinances of the Borough shall be obtained from the Housing Officer of the Borough. Such certificate of habitation shall be granted or denied within 10 days from the date of the application for same.
B. 
The Housing Officer shall prepare appropriate application forms for such certificate of habitation and make them available to applicants.
C. 
The Housing Officer shall also prepare a form of such certificate of habitation.
D. 
Fees. The inspection fee shall include one reinspection at no charge where required. All fees shall not be refundable. The fees are as follows:
(1) 
A charge of $50 per dwelling unit being sold.
(2) 
A charge of $50 per dwelling unit (not rooming unit) being rented.
(3) 
A charge of $20 per rooming unit being rented and $15 per rooming unit when two or more are being inspected at the same time and location.
(4) 
A charge of $20 additional fee for each unit each time it requires more than two inspections.

§ 231-26 Unlawful nonresident student enrollment.

A. 
It shall be unlawful for any person over the age of 18 to assist, aid, abet, allow, permit, suffer or encourage a student to register or enroll in the Wharton School District where the student is ineligible to attend.
B. 
It shall be unlawful for any person over the age of 18 to knowingly permit his or her name, address or other residence designating documentation to be utilized in the registration or enrollment of any nonresident student in the Wharton School District.
C. 
In addition to the penalties set forth in the chapter, any person violating or failing to comply with the provisions of this section shall, upon conviction thereof, be sentenced to make restitution to the Borough of Wharton Board of Education and/or the Morris Hills Regional School District Board of Education. In determining the amount of restitution, the Court shall include the amounts incurred by the Wharton Board of Education or the Morris Hills Regional School District Board of Education, including but not limited to tuition costs, investigation expenses and attorneys' fees.
D. 
Restitution ordered by the Wharton Municipal Court shall be recovered in a civil action by a summons proceeding pursuant to the penalty enforcement law, N.J.S.A. 2A:58-10 et seq.