The title of this chapter shall be the "Property
Maintenance Code of the Township of Franklin," hereinafter referred
to as "this chapter."
The intent of this chapter shall be to ensure
public health, safety, and welfare insofar as they are affected by
the continued occupancy and maintenance of existing structures and
premises. Existing structures and premises that do not comply with
these provisions shall be altered or repaired to provide a minimum
level of health and safety as required herein.
A.
The provisions of this chapter shall apply to all
existing residential and nonresidential premises and structures; however,
unless otherwise specified, they shall apply to the interiors of owner-occupied,
single-family dwellings only in the case of resale. The provisions
of this chapter shall constitute the minimum requirements and standards
for said premises and structures, including, equipment and facilities;
occupancy; life safety; prevention of hazardous conditions; protection
from the elements; safe and sanitary maintenance; and the responsibility
of owners, occupants, and operators. The provisions for the administration
of this chapter, including enforcement and penalties, shall also be
set forth herein.
B.
With the exception of Article IV, certificate of continued building compliance, the provisions of this chapter shall be effective immediately upon adoption by the Township. The requirements of Article IV, with respect to the issuance of a certificate of continued building compliance for nonresidential premises and structures, shall be effective on January 1, 2010. The requirements of Article IV, with respect to the issuance of a certificate of continued building compliance for residential premises and structures, shall not be effective until such time that an ordinance is adopted by the Township which provides such effective date.
Each section, subsection, sentence, clause,
and phrase of this chapter is declared to be independent of all others;
therefore, should any portion of this chapter, for any reason, be
found or held to be unconstitutional, void, or ineffective, such decision
shall not affect the validity of the remaining portions of this chapter.
A.
When, in a specific case, different sections of this
chapter specify different requirements, the most restrictive shall
prevail. Nothing in this chapter shall be construed to cancel, modify,
or set aside the provisions of any other chapter of the Code of the
Township of Franklin.
B.
Any matter not addressed by this chapter shall be
regulated by whichever of the following codes is applicable: Uniform
Construction Code (N.J.A.C. 5:23), Uniform Fire Code (N.J.A.C. 5:70),
Regulations for Maintenance of Hotels and Multiple Dwellings (N.J.A.C.
5:10), New Jersey State Housing Code (N.J.A.C. 5:28), and/or the remaining
chapters of the Code of the Township of Franklin. If any of these
codes specify requirements that differ from this chapter, the most
restrictive shall prevail.
C.
Additions, alterations, and repairs to a structure,
or changes of occupancy, shall be done in accordance with the provisions
of the Uniform Construction Code (N.J.A.C. 5:23). Additions, alterations,
repairs, maintenance work, or installations that are caused directly
or indirectly by the enforcement of this chapter shall be performed
in a workmanlike manner, and/or installed in accordance with the manufacturer's
installation instructions, and shall not be done until all required
permits and/or approvals are in place.
D.
Equipment, systems, devices, and safeguards required
by this chapter, or any other code, shall be maintained in good working
order. No owner, occupant, operator, or contractor shall cause any
service, facility, equipment, or utility that is required under this
section to be removed, shut off, or discontinued from any occupied
structure, except for such temporary interruption that is necessary
while repairs or alterations are in progress.
E.
Except as otherwise specified herein, the property
owner is ultimately responsible for the maintenance of buildings,
structures, and premises and ensuring compliance with all the provisions
of this chapter. No person shall occupy as owner-occupant or permit
another person to occupy premises that do not comply with the requirements
of this chapter.
F.
The provisions of this chapter shall not be mandatory
for existing buildings or structures officially designated as historic
when such buildings or structures are judged by the Code Enforcement
Official to be safe and do not compromise the health, safety, or welfare
of the public.
G.
The Code Enforcement Official shall determine any
requirements that are necessary for the strength, stability, or proper
operation of an existing structure, fixture, or piece of equipment,
or for the health, safety, or welfare of the public, not specifically
covered by this chapter.
A.
When not inconsistent with the text, words used in
the present tense also include the future, words used in the singular
also include the plural, words used in the plural also include the
singular, and words used in the masculine gender also include the
feminine and neuter.
B.
The word "shall" is always mandatory. The word "may"
is always permissive.
C.
Whenever the words "dwelling unit," "dwelling," "premises,"
"building," structure," "rooming house," "rooming unit," "housekeeping
unit," or "story" are stated in this chapter, they shall be construed
as though they were followed by the words "or any part thereof."
For the purposes of this chapter, the following
words, phrases, terms, or their derivations shall have the meanings
stated herein, unless otherwise expressly stated or if their use in
the text clearly demonstrates another meaning:
An owner-landlord's sworn statement that:
The tenant signed a lease or was provided a
written copy of the rental policy in which the number of intended
occupants was specified;
The number of allowed occupants was within the
standards established by the applicable code requirements or rental
policy; and
Any additional occupants in excess of the number
of occupants specified became residents of the rental unit without
the consent of the owner-landlord.
Approved by either the Code Enforcement Official or Code
Enforcement Inspector, depending upon the individual circumstances.
That portion of a building that is partly below and partly
above grade, and has at least one-half its ceiling height above grade.
A room containing plumbing fixtures including a bathtub or
shower.
Any room or space used or intended to be used for sleeping
purposes.
That portion of a building that is partly or completely below
grade, and has more than one-half its ceiling height below grade.
A visual inspection and certification that the structure
in its present condition meets the minimum health, code and life safety
requirements that were in effect when the structure was originally
built. Inspection shall be based upon a visual inspection only of
the premises. No destructive or invasive testing shall be done nor
shall any guarantees or warranties be given or implied.
Any employee of the Township or person duly authorized to
inspect under and enforce this chapter including, but not limited
to, personnel of the Departments of Community Development (Construction
Code, Housing and Property Maintenance, and Planning and Zoning),
Engineering, Fire Prevention, and Health.
Any administrative level employee of the Township or person
duly authorized to administer and enforce this chapter including,
but not limited to, the Director of Community Development, the Construction
Official, the Fire Official, the Director of the Health Department,
the Township Engineer, or their designees, pursuant to the authority
granted to each official by the State of New Jersey.
Any area accessible to, and which may be utilized by, the
occupants of a building, the owner or owner's agent, any person employed
in the maintenance of the building, and/or the general public that
is not part of any specific dwelling unit; or any room or area, including
common appliances therein, of a single-family dwelling unit that are
accessible to, and which may be utilized by, the occupants of such
unit without restriction, including, but not limited to, the kitchen,
bathroom, toilet room, dining room, living room, family room, attic,
basement, and garage.
To adjudge unfit for occupancy.
The placement of yard waste in a trash can, bucket, bag,
or other vessel to prevent such yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
An unoccupiable area in a building not more than 48 inches
in height.
Waste and wastewater from humans or household operations.
A room or area of a building used as group living quarters
for a student body or religious order as an accessory use to a college,
university, boarding school, convent, monastery, or similar institutional
use, that does not include either individual kitchen facilities or
private bathroom facilities.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation. (See "housekeeping unit.")
That portion of land or property reserved for present or
future use by a person or agency other than the legal fee owner(s)
of the property. The easement shall be permitted to be for use under,
on, or above said lot or lots.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The control and elimination of insects, rats, or other pests
by eliminating their harborage places; by removing or making inaccessible
materials that serve as their food; by poison spraying, fumigating,
trapping, or by any other approved pest elimination methods.
The animal or vegetable waste resulting from the handling,
preparation, cooking, and consumption of food.
A building component or a system of building components located
at or near the open sides of elevated walking surfaces that minimizes
the possibility of a fall from the walking surface to a lower level.
Any room in a dwelling unit that is occupied by any person
on a temporary or transient basis.
Space in a structure for living, sleeping, eating, or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces,
and similar areas are not considered habitable spaces.
A group of people, regardless of familial relationship, whose
members have equal and unlimited access rights to all common areas
and common appliances of a dwelling unit, and constitute a single,
economic entity, characterized by stability, permanence, and functionality,
by maintaining a single-family dwelling unit in common. Any individual
occupying either a room or an area that contains a private refrigerator,
microwave oven, hot plate, or other similar appliance shall not be
deemed a member of the housekeeping unit.
Any physical or nonphysical connection that discharges domestic
waste, noncontact cooling water, process wastewater, or other industrial
waste (other than stormwater) to the municipal separate storm sewer
system operated by the Township, unless such discharge is authorized
under a NJPDES permit other than the Tier A Municipal Stormwater General
Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may
include, but are not limited to, leaks, flows, or overflows into the
municipal separate storm sewer system.
A condition that could cause serious or life-threatening
injury or death at any time.
Nondomestic waste, including, but not limited to, those pollutants
regulated under Section 307 (a), (b), or (c) of the Federal Clean
Water Act [33 U.S.C. Subsection 1317 (a), (b), or (c)].
The presence of insects, rats, vermin, or other pests within,
or contiguous to, a structure or premises.
A vehicle or vessel which cannot be operated upon public
streets, waterways, or other thoroughfares for reasons including but
not limited to being unregistered, wrecked, abandoned, in a state
of disrepair, or incapable of being moved under its own power.
Any room or part of a room used for cooking or the preparation
of food.
Devices, equipment, appliances, or materials to which has
been affixed a label, seal, symbol, or other identifying mark of a
nationally recognized testing laboratory, inspection agency, or other
organization concerned with product evaluation that maintains periodic
inspection of the production of the above-labeled items and by whose
label the manufacturer attests to compliance with applicable nationally
recognized standards.
To permit, provide, or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premise, or structure
by a person who is or is not the legal owner of record thereof, pursuant
to a written or unwritten lease, agreement, or license, or pursuant
to a recorded or unrecorded agreement of contract for the sale of
land.
A vehicle or vessel made to operate under its own power upon
public streets, waterways, or other thoroughfares including, but not
limited to, cars, trucks, motorcycles, vans, motor homes, recreational
vehicles, and powerboats.
Any building or structure, part thereof, and land appurtenant
thereto that contains three or more dwelling units.
A conveyance or system of conveyances including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains that is owned or operated
by Franklin Township or other public body, and is designed and used
for collecting or conveying stormwater.
A permit issued by the New Jersey Department of Environmental
Protection to implement the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules at N.J.A.C. 7:14A.
Water used to reduce temperature for the purposes of cooling.
Such waters do not come into direct contact with any raw material,
intermediate product (other than heat), or finished product. Noncontact
cooling water may, however, contain algaecides, biocides to control
fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
The purpose for which a building or portion thereof is utilized
or occupied.
Any individual living or sleeping in a building or having
possession of a space within a building.
That part of a window, skylight, or door which is available
for unobstructed ventilation and which opens directly to the outdoors.
Any person who has charge, care, or control of a structure
or premises which is let or offered for occupancy.
Occupancy in excess of the standards governing the use and
occupancy of space and floor area adopted by the Department of Community
Affairs pursuant to the State Housing Code, P.L.1971, c.224 (N.J.S.A.
2A:42-85 et seq.), or the Hotel and Multiple Dwelling Law, P.L.1967,
c.76 (N.J.S.A. 55:13A-1 et seq.).
Any person, agent, operator, firm, or corporation having
a legal or equitable interest in the property; or recorded in the
official records of the state, county, or municipality as holding
title to the property; or otherwise having control of the property,
including the guardian of the estate of any such person, and the executor
or administrator of the estate of such person if ordered to take possession
of real property by a court.
An individual, corporation, company, partnership, firm, association,
political subdivision of this state, or any other group acting as
a unit and subject to municipal jurisdiction.
A lot, plot, or parcel of land, easement, or public way including
any structures thereon.
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, byproduct,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than noncontact cooling water.
Any street, alley, or similar parcel of land essentially
unobstructed from the ground to the sky, which is deeded, dedicated,
or otherwise permanently appropriated to the public for public use.
A fee charged by a landlord and paid by a tenant to occupy
a building or portion thereof for a specified period of time. Such
fee must be charged on a per dwelling unit basis and may not be charged
per person occupying said dwelling unit.
Any documents including, but not limited to, a lease agreement,
rental application, rules and regulations, or rules of conduct established
by the owner-landlord that creates maximum occupancy limits for a
rental unit.
A single, independent unit, either residential or nonresidential,
for which a fee to occupy and/or use is charged by a landlord and
paid by a tenant.
A building containing one or more rooming units, arranged
or occupied for lodging, with or without meals, whether or not some
type of compensation or remuneration is remitted to either the owner
or the owner's agent.
Any room or group of rooms forming a single habitable unit
either occupied or intended to be occupied for sleeping or living,
but not for cooking purposes.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke, and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard waste, tin cans,
metals, mineral matter, glass, crockery, dust, and other similar materials.
Use or rental for a term of not more than 125 consecutive
days for residential purposes by a person having a permanent place
of residence elsewhere. Seasonal rental unit does not mean use or
rental of living quarters for seasonal, temporary, or migrant farm
workers in connection with any work or place where work is being performed.
The owner-landlord shall have the burden of proving that the use or
rental of the residential property is seasonal.
A unit that shall only be occupied and used by a single housekeeping
unit, as defined in this section. Any other occupancy or use of a
single-family dwelling unit shall be considered a violation of this
chapter.
Water resulting from precipitation, including rain and snow,
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other or other sewerage or
drainage facilities, or is conveyed by snow removal equipment.
Any avenue, boulevard, drive, parkway, road, street, viaduct,
or other way that is an existing state, county, or municipal roadway
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street line.
An offense in which the prosecution in a legal proceeding
is not required to prove criminal intent as a part of its case. It
is enough to prove that the defendant either did an act that was prohibited,
or failed to do an act that the defendant was legally required to
do.
That which is built or constructed or a portion thereof.
A structure is unfit for human occupancy whenever the Code
Enforcement Official finds that such structure is unsafe; unlawful;
or, because of the degree to which the structure is in disrepair or
lacks maintenance, is unsanitary, vermin or rat-infested, contains
filth or contamination, or lacks ventilation, illumination, sanitary
or heating facilities or other essential equipment required by this
chapter; or because the location of the structure constitutes a hazard
to the occupants of the structure or to the public.
A person, corporation, partnership, or group, whether or
not the legal owner of record, occupying a building or portion thereof
as a unit.
A room containing a water closet or urinal, but not a bathtub
or shower.
Occupancy for not more than ninety days by a person having
a principal residence elsewhere.
Any equipment on the premises or within the structure that
was constructed, installed, altered, or operated contrary to law.
A structure found in whole or in part to be occupied by more
persons than permitted under this chapter, or was erected, altered,
or occupied contrary to law.
Any equipment on the premises or within the structure that
is in such disrepair or condition that such equipment is a hazard
to life, health, safety, or property of the occupants of the premises
or structure or the public.
A structure that is found to be dangerous to the life, health,
safety, or property of the occupants of the structure or the public
by not providing minimum safeguards to protect or warn occupants in
the event of fire, or because such structure contains unsafe equipment,
or is so damaged, decayed, dilapidated, structurally unsafe, or of
such faulty construction or unstable foundation that partial or complete
collapse is possible.
Conditions which are not sanitary or healthful, including,
but not limited to, the absence of running potable water and/or a
sewer or septic system that is not fully operational.
That portion of a building or tenancy which is devoted to
a single group or special use or occupancy as defined in the building
subcode or as established by the provisions of any other subcode for
the purpose of specifying special requirements applicable to that
portion of a building or tenancy.
As defined as per N.J.A.C. 5:23 in the adopted version of
the International Building Code New Jersey Edition, Chapter 3.
The natural or mechanical process of supplying conditioned
or unconditioned air to, or removing such air from, any space.
All grasses, annual plants, and vegetation, other than trees
or shrubs, but not including cultivated flowers and gardens and all
areas in a natural state.
Executed in a skilled manner; e.g., generally plumb, level,
square, in line, undamaged, and without marring adjacent work.
An open space on the same lot with a structure.
Leaves and grass clippings.
