A.
No owner, agent, realtor or broker, firm, company,
partnership, corporation, or any other person shall sell, rent, re-rent,
transfer, lease, let, mortgage with right of occupancy, allow re-occupancy,
or otherwise dispose of ownership, any structure or dwelling unit
until either a certificate of continued building compliance or a temporary
certificate of continued building compliance has been issued by the
Township; and until the Township Water Department has been notified
of such change and/or a new water meter has been set.
(1)
Changes of occupancy in multifamily dwellings shall be exempt from this requirement, as they are subject to Chapter 151 of the Code of Franklin Township.
(2)
In the event of a resale of a structure in an "as
is" condition, a certificate of noncompliance shall be issued to allow
the transfer of title with full disclosure to all parties. No occupancy
shall be allowed until a structure meets the life safety requirements
in effect at the time the structure was built, as well as any code
or retrofit requirements that may affect the particular structure.
B.
The owner or the owner's agent shall schedule an inspection
for certificate of continued building compliance no later than 10
business days prior to the date of the closing or change of tenant.
(1)
If a cyclical inspection under § 183-17 was conducted and passed on the unit within one calendar year before the date of the closing or change of tenant, such inspection may, at the request of the property owner, be used to satisfy the certificate of continued building occupancy inspection that is required under this section.
D.
Inspection results and follow-up procedures:
(1)
If the unit passes inspection, the Code Enforcement
Inspector shall issue a certificate of continued building compliance
within five business days. Such certificate shall be valid for 90
days from the date of issue.
(2)
If the unit fails inspection the Code Enforcement
Inspector shall provide the owner or the owner's agent with a list
of all violations. The owner or owner's agent shall have 30 days to
correct all violations. When all violations have been corrected, the
owner or the owner's agent shall schedule a reinspection. If the Code
Enforcement Inspector determines that the violations do not pose a
significant threat to the health and/or safety of potential occupants,
he shall issue a temporary certificate of continued building compliance.
Such certificate shall be valid for 30 days. If any and all violations
have not been corrected by the end of 30 days, the unit shall be vacated
and shall remain so until all violations have been corrected and approved.
(a)
In the case of a Use Group R-3, R-4, or R-5
structure, if the unit does not meet the requirements for smoke detectors
and carbon monoxide detectors specified by the Uniform Fire Code (N.J.A.C.
5:70) a Temporary certificate of continued building compliance shall
not be issued until such compliance is achieved. (N.J.A.C. 5:70-2.3(a)1).
(b)
If the correction of any violation requires
the issuance of a construction permit, such work shall not commence
until such permit has been issued. All permitted work shall be inspected
and a certificate of approval or occupancy issued by the Construction
Official before a reinspection for the certificate of continued building
compliance may be scheduled.
(3)
Inspection report forms shall be in triplicate and
shall be distributed as follows:
(a)
The original is to be retained by the owner,
the owner's agent, or, in the case of a change in tenancy, the person
responsible for renting dwelling units;
(b)
One copy is to be retained by the Code Enforcement
Inspector; and
(c)
In the case of a resale, the current owner or
the owner's agent shall give the second copy to the new owner; and,
in the case of a change in tenancy, the person responsible for renting
dwelling units shall give the second copy to the tenant.
