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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(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:
(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.
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.
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.
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.
(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.
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.
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.
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.