[HISTORY: Adopted by the Township Committee of the Township of Oldmans 1-4-1978 by Ord. No. 78-1 as Ch. 23 of the 1978 Code. Amendments noted where applicable.]
The following definitions shall apply in the interpretation and enforcement of this chapter:
- The portion of any dwelling located wholly or partly underground.
- A building or structure which is wholly or partly used or
intended to be used for living or sleeping by human occupants.[Amended 9-3-1997 by Ord. No. 97-5]
- DWELLING UNIT
- A room or group of rooms located in a dwelling and forming a single habitable unit, with facilities which are used or intended to be used for living, sleeping, cooking and eating.
- HABITABLE ROOM
- A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, laundries, foyers, pantries, communicating corridors, stairways, closets, basement recreation rooms and storage spaces.
- Any person, including an owner or operator, living and sleeping in a dwelling unit or rooming unit.
- OPENABLE AREA
- The part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
- Any person having charge, care, management or control of any dwelling or part thereof in which dwelling units or rooming units are let.
- An individual, firm, corporation, association or partnership.
- ROOMING UNIT
- Any rented room or group of such rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.
- Installed, furnished or provided by the owner or operator at his expense.
Every portion of a building or premises used or intended to be used for any dwelling purposes, except hospitals, penal institutions, education institutions, convalescent homes, tenant houses for migrant laborers or similar institutions subject to license and inspection by the State of New Jersey, shall comply with the provisions of this chapter, irrespective of when such building shall have been constructed, altered or repaired and irrespective of any permits or licenses which have been issued for the use or occupancy of the building or premises, for the construction or repair of the building or for the installation or repair of equipment or facilities prior to the effective date of this chapter. This chapter establishes minimum standards for the initial and continued occupancy of all dwellings. It does not replace or modify standards otherwise established for the construction, repair, alteration or use of buildings by the Building Code, Zoning Ordinance, Plumbing Code or other health and safety regulations of the Township of Oldmans.
No person shall occupy as owner-occupant or shall let to another for occupancy any dwelling unit which does not comply with the following minimum standards for basic equipment and facilities:
Kitchen sink. Every dwelling unit shall contain within its walls a kitchen sink.
Bathroom. Every dwelling unit shall contain within its walls a bathroom which affords privacy and which is equipped with a flush toilet, a lavatory basin and a bathtub or shower, provided that:
In dwelling units existing at the effective date of these regulations which have both a bathtub and a flush toilet in the bathroom, the requirement for a lavatory basin may be eliminated.
The occupants of two dwelling units in the same dwelling may share a single bathroom which meets the above requirements if neither of the two dwelling units contains more than two rooms and if the bathroom is accessible to the occupants of each dwelling without going through the dwelling unit of another person or outside the dwelling.
Water supply. Every dwelling unit shall be supplied with a potable water supply with adequate pressure at all installed hot and cold water outlets.
Hot water. Every kitchen sink, lavatory basin and bathtub or shower required by this chapter shall be properly connected with both hot and cold water lines. The hot water lines shall be connected with water-heating facilities which are capable of heating water to a temperature of 120º F. even when the required heating facilities are not in operation.
Plumbing fixtures. All required plumbing fixtures shall be properly connected to an approved water system and to an approved sewerage system in accordance with the plumbing and sanitation regulations of the Township of Oldmans.
Heating facilities. Every dwelling unit shall have heating facilities which are capable of safely and adequately heating all habitable rooms and bathrooms within its walls to a temperature of at least 70º F. when the outside temperature is 15º F. Portable heating equipment employing flame and which uses gasoline, kerosene or illuminating gas or fuel does not meet this standard.
Cooking facilities. Every dwelling unit shall be provided with installed cooking facilities or utility connections for such facilities. Every piece of cooking equipment shall be so constructed and installed that it will function safely and effectively and shall be maintained in sound condition.
Electrical service. Every dwelling unit shall be provided with electrical service. Every habitable room and every bathroom, laundry room, furnace room or work room shall have at least one baseboard, wall or ceiling electric outlet, and, in addition, every living room, bathroom and kitchen shall have at least one convenience outlet. All electrical work shall be done in accordance with the regulations of the Township of Oldmans governing electrical installation.
No person shall occupy or let to another for occupancy any dwelling, dwelling unit or rooming unit which does not comply with the following minimum standards for light and ventilation:
Natural light in habitable rooms. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum aggregate area available for unobstructed light shall be not less than 10% of the floor area of such room.
Light in nonhabitable space. Every stair, hall, cellar, basement, laundry, furnace room and similar nonhabitable work space located in a structure used for human habitation shall have either adequate natural or artificial light available at all times.
Ventilation in habitable rooms. Every habitable room shall be ventilated by either openable areas equal to 45% of the required window area or by equivalent mechanical ventilation.
Ventilation in bathrooms. The required bathroom in each dwelling unit shall have ventilation either by an openable area of not less than 1 1/2 square feet facing open space or by mechanical ventilation.
No person shall occupy or shall let to another for occupancy any dwelling unit or rooming unit which does not comply with the following minimum standards for space, use and occupancy.
Required space in dwelling units. Every dwelling unit shall contain at least 500 square feet of habitable floor area for the first occupant and at least 100 square feet of additional habitable floor area for each additional inhabitant.
Required space in sleeping rooms. Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area. Every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under 12 years of age. For the purposes of this section, a person under one year of age shall not be counted as an occupant.
Floor area computation; ceiling height. Floor area shall be calculated on the basis of habitable room area. At least 1/2 of the floor area of every habitable room shall have a ceiling height of at least seven feet. Any part of the room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing floor area to determine maximum permissible occupancy.
Cellar dwelling units. Dwelling units or rooms for human habitation in cellars are prohibited. A room located below the level of the ground but with a floor level less than 3 1/2 feet below the average grade of the ground adjacent to and within 15 feet of the exterior walls of the room may be used for sleeping, provided that the walls and floor thereof in contact with the earth have been dampproofed in accordance with an approved method, and provided that the windows thereof are at least 15 feet from the nearest building or wall. In addition, a room used for sleeping purposes under these provisions shall be provided with a safe and unobstructed means of egress leading directly to an outside area accessible to a street.
No person shall occupy or let to another for occupancy any dwelling or dwelling unit which does not comply with the following minimum standards for safe and sanitary maintenance:
Structure, exterior. Every foundation, exterior wall, exterior roof, window, exterior door or hatchway shall be structurally sound and shall be kept in good repair and shall be substantially weathertight, watertight and rodentproof. Every outside stair, porch, railing and balcony shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and good repair.
Structure, interior. Every floor, interior wall, stair and ceiling shall be substantially rodentproof, shall be kept in sound condition and good repair and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. Cellars and basements shall be reasonably free from dampness to prevent conditions conducive to decay or deterioration of the structure. The interior of every structure shall be maintained free from rubbish and garbage that might become a health, accident or fire hazard and shall be free from insect, rodent and vermin infestation.
Screening. Every window, door or other opening to outdoor space used for egress or ventilation shall be provided with such screening as is necessary for effective protection against insects.
Exterior property area. Exterior property areas shall be kept free from organic and inorganic material that might become a health, accident or fire hazard or that might become sources of insect, vermin and rodent breeding, harborage and infestation. Stormwater shall be properly drained to prevent an accumulation of stagnant water and to prevent the entrance of water into any basement or cellar.
In the absence of specific contractual agreements between owners and occupants with respect to responsibilities, the following shall apply:
Maintenance of premises. Every occupant of a dwelling unit shall keep in clean and sanitary condition that part of the dwelling unit or premises thereof which he occupies or controls. Every owner of a building containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises.
Maintenance of equipment. Every occupant of a dwelling or dwelling unit shall be responsible for the exercise of proper care and cleanliness in the use and operation of all plumbing fixtures, sanitary facilities, appliances and equipment therein.
Waste disposal. Every occupant of a dwelling or dwelling unit shall dispose of rubbish, garbage and other refuse in accordance with regulations of the Township of Oldmans governing such matters. In a dwelling unit containing three or more dwelling units, adequate rubbish and garbage containers shall be supplied by the owner, unless there is an agreement between the owner and the occupant to the contrary.
Extermination. Every occupant of a single dwelling unit shall be responsible for the extermination of any rodents, vermin or other pests therein or on the premises. In a two-family or multifamily dwelling, the occupant shall be responsible for such extermination whenever his dwelling unit is the only one infested. When, however, infestation is caused by failure of the owner to maintain a dwelling in a rodentproof condition or when two or more dwelling units within a building are infested, extermination shall be the responsibility of the owner.
Supplied facilities. Every owner of a dwelling unit or rooming house shall be responsible for keeping supplied facilities in proper operating condition.
Discontinuance of utilities. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required to be supplied by the provisions of this chapter to be removed from, or shut off from, or discontinued for any occupied dwelling unit, except for necessary repairs, alterations or emergencies.
Occupancy or vacant units. No person shall occupy as owner-occupant or permit to be occupied by another any vacant dwelling or dwelling unit, unless or until it is in good repair, clean, sanitary, in habitable condition and in full compliance with all the provisions of this chapter.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Housing Officer, provided that such person shall file in the office of the Housing Officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served.
Upon receipt of such petition the Housing Officer shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.
The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Housing Officer may postpone the date of the hearing for a reasonable time beyond such ten-day period if in his judgment the petitioner has submitted a good and sufficient reason for such postponement.
After such hearing the Housing Officer shall sustain, modify or withdraw the notice, depending upon his findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Housing Officer sustains or modifies such notice, it shall be deemed to be an order.
Any notice served pursuant to this chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the Housing Officer within 10 days after such notice is served. The proceedings at such hearing, including the findings and decision of the Housing Officer, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Housing Officer. Such record shall also include a copy of every notice or order issued in connection with the matter.
Any person aggrieved by the decision of the Housing Officer may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
Whenever the Housing Officer finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Housing Officer shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Housing Officer shall continue such order in effect, modify it or revoke it.
[Amended 12-3-1997 by Ord. No. 97-7; 12-2-1998 by Ord. No. 98-8]
No person, firm or corporation owning, managing, conducting or operating a dwelling unit shall rent, lease, let out or permit it to be occupied or shall rerent the same, nor shall any person, firm or corporation purchasing or acquiring, in any manner, occupy a dwelling unit or permit it to be occupied by others without first securing a certificate of reoccupancy from the Township Housing Officer.
Eligibility. In order to be eligible for a certificate of reoccupancy, a dwelling unit must comply with all of the provisions of the most recently revised edition of the BOCA National Property Maintenance Code as amended by the provisions of this chapter and all of the ordinances of the Township of Oldmans now in existence or hereafter enacted pertaining to building, plumbing, electrical, zoning, health and safety, fire or fire prevention and minimum housing standards, as well as all departmental regulations established pursuant to said code, ordinances and laws.
[Added 12-2-1998 by Ord. No. 98-8]
The modifications set forth herein to the most recently revised edition of the BOCA National Property Maintenance Code shall govern and establish the standards for the issuance of certificates of reoccupancy in Oldmans Township:
Establishment of a fine of not more than $1,000 or imprisonment for not more than 90 days, or both, in the event of a violation of this chapter.
Provision of an avenue of appeal to the Oldmans Township Committee for any person aggrieved by a decision of the Code Official.
Establishing procedural guidelines for the initiation, litigation and determination of an appeal before the Oldmans Township Committee.
Deleting the provision in the BOCA National Property Maintenance Code which requires the installation of screens during certain seasons.
Permitting a filtered metal hood or equivalent to be installed in lieu of a system which vents to the outside.
Deleting the provisions of the BOCA National Property Maintenance Code which require the provision of heat during certain seasons.
Deleting the provisions of the BOCA National Property Maintenance Code which require the provision of air conditioning during certain seasons.
Requiring the installation of a grounded-type receptacle or GFI receptacle in each laundry area.
Section PM-101.1 shall be amended to read as follows:
Section PM-106.2 shall be amended to read as follows:
Section PM-109.6 shall be amended to read as follows:
Section PM-111.0 shall be amended to read as follows:
Section PM-304.15 is deleted and shall not be enforced in Oldmans Township.
Section PM-404.3 shall be amended to read as follows:
Section PM-602.2.1 is deleted and shall not be enforced in Oldmans Township.
Section PM-602.3 is deleted and shall not be enforced in Oldmans Township.
Section PM-605.2 shall be amended to read as follows:
All premises used for hotel, motel or rooming house purposes shall be kept in a clean and sanitary condition, and all portions of such premises in hotels that are open for use by all guests or by the public shall be kept lighted at all times that they are so open to use. All such premises shall be kept heated between October 1 and May 1 to a temperature of not less than 68º Fahrenheit between the hours of 7:00 a.m. and 10:00 p.m. and to a temperature of not less than 60º Fahrenheit at all other hours.
No building shall be used for a hotel unless it is furnished with the number of exits and fire escapes required by law.
No premises shall be used for a rooming house unless there are at least two exits to the outdoors from such premises. It shall be unlawful to block or permit the blocking of any exit from any premises used for a hotel or rooming house. Every dwelling, dwelling unit or lodging unit shall have safe and unobstructed means of egress. Such means of egress shall not be through any other dwelling unit or part thereof and shall lead to a safe and open space at ground level accessible to a street.
Sanitary facilities. Water closets and lavatories shall be available to all guests using any hotel, motel or rooming house, and there shall be at least one bathroom equipped with a water closet, shower or tub and lavatory facilities for each 10 residents on the premises.
Inspections. It shall be the duty of the Housing Officer to inspect or cause to be inspected every hotel, motel or rooming house operated in the municipality as frequently as may be necessary to ensure compliance with the provisions of this chapter.
[Added 4-4-1984 by Ord. No. 84-3; amended 9-3-1997 by Ord. No. 97-5]
No person shall hereafter occupy or let to another for occupancy a dwelling or rooming unit which is not equipped with an operable, battery-operated smoke alarm or battery-operated smoke detector, and no certificate of occupancy shall be issued until said battery-operated smoke alarm or smoke detector has been installed and tested to be operable. Said smoke alarm or smoke detector shall be strategically located between the living and sleeping areas of the dwelling or rooming unit. Any person, firm, corporation or other entity who or which shall occupy or let to another to occupy a dwelling unit or rooming unit not equipped with an operable battery-operated smoke alarm or smoke detector shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty.
[Added 11-1-2000 by Ord. No. 2000-7]
No property which is located in a Village Residential (VR) or Village Commercial (VC) Zone in the Village of Pedricktown, and which has frontage on a public street, shall be sold or title transferred, nor shall a change in an occupancy by permitted, unless sidewalks have been installed on said property and said sidewalks are in good condition. "Good condition," for the purposes of this chapter, shall mean that the sidewalk is not cracked, irregular or displaced in such a fashion as to constitute a tripping hazard or lead to premature deterioration of the sidewalk.
[Added 11-1-2000 by Ord. No. 2000-7]
Except for properties located on Cherry Street, the Oldmans Township Housing Officer shall not issue a permanent certificate of occupancy for a property located in a Village Residential (VR) or Village Commercial (VC) Zone in the Village of Pedricktown, unless sidewalks have been installed at the property and said sidewalks are in good condition in accordance with the provisions of this chapter. In the event that repair, replacement or installation of a sidewalk is required in order to comply with the provisions hereof, the Housing Officer may issue a temporary certificate of occupancy for a period not to exceed six months, provided that the property owner has made adequate provision for the replacement, repair or installation of the sidewalk. The terms of this section shall not apply to any property bordering on Cherry Street.
[Added 5-2-2001 by Ord. No. 2001-3]
In the event that a property owner is unable to comply with the provisions of § 103-11.1 of the Oldmans Township Code by reason of the physical condition of the property or the existence of improvements already built on the property or for any other reason, the property owner may apply to the Township Engineer for relief from the provisions of § 103-11.1 of the Oldmans Township Code. The application for exemption shall be in writing and shall set forth in detail the physical conditions, existing improvements or other circumstances which make it impossible for the property owner to comply with the provisions thereof. The property owner shall provide such additional supporting documentation as the Township Engineer may require. If the Township Engineer determines that the physical characteristics of the property, existing improvements or other conditions make it impossible for the property owner to comply with the provisions of § 103-11.1 of the Oldmans Township Code, the Township Engineer shall issue a written certification of that fact to the property owner and to the Oldmans Township Housing Officer. Upon the issuance of such certificate, the property owner shall be relieved of the obligation to comply with the provisions of § 103-11.1 of the Oldmans Township Code. The review and determination of the Township Engineer shall be issued within 14 days of the date that the Township Engineer receives all documentation and information required of the property owner.
[Added 4-6-1988 by Ord. No. 88-3; amended 9-3-1997 by Ord. No. 97-5; 12-2-1998 by Ord. No. 98-8; 1-17-2013 by Ord. No. 2013-01]
The fee for a certificate of reoccupancy shall be $50.
When a certificate of reoccupancy has been denied, the second inspection shall not incur an additional charge in order to obtain a certificate of reoccupancy.
If a third housing inspection is required due to a second denial, an additional fee shall be incurred in the amount of $50.
[Added 12-2-1998 by Ord. No. 98-8]
No person, firm or corporation owning, managing, conducting or operating a structure or building utilized in connection with commercial and/or industrial activity shall rent, lease, sell or occupy said structure without first obtaining a certificate of reoccupancy from the Township Housing Officer.
Eligibility. In order to be eligible for a certificate of reoccupancy, a commercial or industrial unit must comply with all of the provisions of the most recently revised edition of the BOCA National Property Maintenance Code as amended by the provisions of this chapter and all of the ordinances of the Township of Oldmans now in existence or hereafter enacted pertaining to building, plumbing, electrical, zoning, health and safety, fire or fire prevention and minimum occupancy standards, as well as all departmental regulations established pursuant to said code, ordinances and laws.
The fee for a certificate of reoccupancy for a commercial or industrial use shall be $50 if the facility inspected contains less than 5,000 square feet of floor area. otherwise, the fee shall be $100. When a certificate of reoccupancy for a commercial or industrial use has been denied, an additional fee of $25 shall be charged for each reinspection which shall be necessary in order to obtain a certificate of reoccupancy.