No person, firm or corporation shall manage, conduct or operate
the business of keeping a rooming house (referred to in this chapter
as an "establishment subject to licensing") without first securing
a license therefor within the time and in the manner herein provided,
nor shall any owner permit, on premises owned by him, the operation
of such an establishment without a license.
A.
The application for such a license shall be made in quadruplicate
to the City Clerk on forms prescribed by the public officer, which
forms shall require information concerning occupancy standards, including:
(1)
The
number of rooms to be used for sleeping, the maximum number of persons
that each room in the establishment can accommodate, and the location
of all such rooms;
(2)
Types
and location of bathrooms, exits and other facilities;
(3)
Names
and addresses of all persons who will be in charge of the management
or conduct of the establishment;
(4)
Whether
such establishment is equipped to accommodate persons who are disabled
or persons who require special care; and
(5)
Such
further data as may be required for the enforcement of this code.
B.
All applications shall be accompanied by the required fees.
C.
Where the applicant seeks a license for an establishment based on
a claim that the same constitutes a lawful nonconforming use, the
applicant shall state in the application the name and address of the
owner and operator of the premises as of the date when the use, by
reason of the zone change or variance, first became nonconforming,
and the number of rooms and number of roomers as of that date.
D.
The application shall be signed by the owner as well as the operator
and shall contain a certification by the owner and the operator as
to the truth of the information contained therein.
E.
Any false information shall constitute a violation of this code and,
in addition, shall constitute grounds for revocation of any license
approved pursuant thereto.
F.
Any false information rendered knowingly and intentionally shall
subject the party rendering it to criminal prosecution.
Except as otherwise provided herein, the term of the license
shall be for one year, from June 1 to May 31 of the next succeeding
year, and shall be renewable annually.
The license fee and per-room fee shall be due and payable as of June 1 of each year. Where licenses are issued after December 1, the licensee shall pay 1/2 of the license and per-room fee. The annual license fee shall be as provided in Chapter 191, Fee Schedule.
A.
Upon receipt of an application for a license hereunder, the City
Clerk shall transmit one copy thereof to the Chief Inspector, one
copy to the Fire Chief and one copy to the Health Officer, who shall
perform necessary inspections of the premises to determine compliance
with all applicable provisions of this code and all other applicable
ordinances of the City and laws and regulations of the State of New
Jersey.
No license for operation of a rooming house shall be issued
if it is demonstrated that the operator of such rooming house or any
person who shall be involved in the management of the premises on
which the rooming house is to be operated:
A.
Has been convicted of a crime involving moral turpitude, including
a conviction for gambling, prostitution, or illegal possession or
use of drugs;
B.
Is demonstrated to be a carrier of communicable disease; or
C.
Is otherwise physically or mentally unfit or unsuited, as shown by
objective facts, to be such operator or to be involved in the management
of a rooming house.
A.
If the public officer shall determine that the applicant has failed to meet the requirements of this code, the requirements of the Board of Health, or of any other ordinance of the City or law of the State of New Jersey or that the applicant is unqualified pursuant to § 317-45, or upon any failure to renew a license, the public officer shall send a written notice to the applicant setting forth his reasons therefor. The applicant may thereupon correct any violation and apply for reinspection upon the payment of $10 as a reinspection fee or submit a written request for a hearing to the public officer, in which request the applicant shall state the facts on which he will base his contention that the public officer's determination was in error.
B.
The public officer shall, within 30 days from the receipt thereof
provide a hearing on a minimum of five days' notice to the applicant,
and render a decision thereon within 10 days thereafter; provided,
however, that where the violation is of a regulation of the Board
of Health, the hearing shall be before the Health Officer.
C.
The public officer (or where applicable, the Health Officer) may
in such decision affirm or reverse his previous determination or modify
his determination and agree to approve the application upon compliance
with specified conditions.
A.
If the public officer has reason to believe that any licensed premises
are in violation of this code or of any other applicable law, ordinance
or regulation, the public officer shall give the owner and operator
of the licensed premises written notice thereof and shall order him
to correct such violation within 10 days from receipt of such notice.
B.
If such violation is not corrected within such ten-day period, and unless the owner or operator requests a hearing as hereinafter described, the owner and operator shall be liable for the penalties prescribed for violation of this code, as set out in § 317-79 et seq., and in addition the public officer may suspend or refuse to renew the license for the premises until such violation is cured.
C.
If, within the aforesaid ten-day period, the owner or operator requests
a hearing respecting the notice of violation, then no such suspension
shall take place pending such hearing, which shall take place no less
than five nor more than 10 days after the request is received by the
public officer.
D.
At the hearing the public officer shall advise the owner and operator
of the nature of the violation charged, and the owner and operator
shall have an opportunity to be heard and to present evidence with
respect thereto. The public officer shall render a decision thereon
within 10 days following conclusion of the hearing, and such decision
may either vacate the notice of violation, modify such notice of violation,
or affirm the same and prescribe a time requirement within which any
violation shall be cured.
E.
In the event that any such violation is repeated within one year,
or if there shall be a pattern of continuous violations, then the
public officer may suspend the license covering the premises for such
period as he determines to be reasonable or may revoke such license
permanently.
F.
In the event of a violation of any regulation of the Board of Health,
the Health Officer may issue a notice of violation and take all of
the actions and have all of the powers hereinabove described respecting
the public officer.
Any license issued hereunder shall cover only the number of
occupants and that part of the premises described in the application
therefor. Any increase in rooming units or in the number of roomers
to be accommodated, or in the part of the premises utilized as a rooming
house, or any other substantial change in the information contained
in the application, or change in the person or persons actually in
charge of operating or maintaining the premises shall require the
submission and filing of an amended application containing such changed
or additional information.
The license issued hereunder shall be nontransferable, and no
person other than the licensee shall operate or be permitted by the
owner to operate the licensed premises. Where there is to be a change
of ownership or operation, application shall be made for a new license.
The applicant shall not be entitled to any refund of any fees
paid hereunder by reason of the rejection of the application, the
suspension or revocation of any license, or the transfer of ownership
or operation of premises prior to the termination of the license period.
The licensee shall display the license in a vestibule, front
hallway or other prominent place at or near the front entrance of
the building during the entire period for which the license was issued.
The issuance of a license shall constitute a certification that
the premises, as of the date of issuance, comply with this code but
shall not be construed as a certification that the premises comply
with any other City ordinance or any state law, nor shall it relieve
any other official or public agency from enforcing any applicable
ordinance or law.
A.
All establishments subject to licensing shall keep a register in
which there shall be set forth in ink the name and last permanent
address and the signature of each occupant, the number of the room
to be occupied by each occupant, and the name and address of any person
or persons to be notified in case of emergency. The register shall
be available at all times to the authorized representative of the
public officer, Health Officer, Police Chief, and Fire Chief of the
City. A notation shall be made to indicate any occupant who is a disabled
person or a person requiring special care.
B.
Registration under a false name shall constitute a violation of this
code.
A.
Right of public officer or Health Officer to ascertain physical or
mental limitations of occupant. Where the public officer or the Health
Officer has reason to believe that an occupant of an establishment
subject to licensing either requires special care or is disabled,
the officer may require that the person produce within five days a
physician's certificate attesting to the mental or physical condition
of said person, and if the official shall determine that the said
person requires special care or is disabled and by reason thereof
requires nursing care or medical care, or cannot safely and in good
health live by himself or herself in a rooming house, then the public
officer or Health Officer shall require such person to vacate the
premises and relocate in a suitable and appropriate establishment
no later than 20 days after the issuance of an order directed to the
owner or operator and the occupant, and if the condition of the person
or the circumstances under which he or she resides requires immediate
attention, the order shall so specify and a period of not less than
five days may be prescribed therefor.
B.
Occupancy by unemancipated minors prohibited. No operator or occupant
of an establishment subject to licensing shall permit occupancy of
any rooming unit therein by an unemancipated minor.
A.
Bathroom and water closet facilities required. Bathroom and water closet facilities shall be provided for occupants pursuant to § 317-19A(7). All bathrooms shall be provided with inside locks.
B.
Bedding, bed linens, towels and soap required. Every operator shall
provide all occupants with bedding, mattresses, mattress covers, bed
linens, blankets, pillows, towels and soap. All such items shall be
kept in a clean and sanitary condition at all times. Fresh, clean
bed linens and towels shall be supplied for each new occupant at the
commencement of the term of occupancy and fresh, clean bed linens
and towels shall be supplied at least once a week.
C.
Furniture and furnishings. All furniture and furnishings shall be
maintained in safe condition, in good repair, and upholstery and coverings
shall be kept clean and free of rips and tears. Windows shall be provided
with suitable material to afford privacy, such as venetian blinds,
shades or curtains.
D.
Person in charge of the premises. There shall be present and in charge of every establishment subject to licensing, a person who is mentally and physically competent to maintain the same in safe and sanitary condition, who shall keep the exterior of the premises and all common interior areas, including but not limited to the landings, stairways, hallways and bathrooms, clean, free from garbage and other refuse and free of infestation, and who shall attend to the daily removal of garbage as required under § 317-18M.
A.
Fire alarm system. Every establishment subject to licensing shall
be provided with a fire alarm system or device approved by the Underwriters'
Laboratories, Inc., or by such other laboratories qualified and equipped
for the testing of fire-protection equipment or materials as approved
by the public officer and the Fire Chief. The system or device required
hereunder shall be maintained in good working condition at all times.
The alarm shall be provided with a heat-operated device which will
automatically set off the fire alarm system and shall be operated
by electrical or by self-contained automatic means. Alarm sounding
devices shall be distinctive in pitch, shall be of such quality and
so distributed on every floor that in case of fire they shall be effectively
heard in every room, above the usual sound level. Periodic testing
shall be required in accordance with regulations of the public officer
approved by the Fire Chief.
B.
Directional signs. Every licensed establishment shall have exit signs
posted in common hallways, with at least one such sign visible from
the door of every rooming unit, which sign shall indicate the direction
of and location of the nearest means of egress. All such signs shall
be of a size and color and be illuminated in accordance with regulations
of the public officer approved by the Fire Chief.
C.
Stairway doors to be self-closing. Wherever there are doors or framework
for doors which would close off sections of the stairway from common
hallways, areaways, or other parts of the stairway, such doors shall
be equipped with self-closing devices, or such framework shall be
equipped with doors having self-closing devices.
D.
Storage of combustible materials. Storage of combustible materials
and temporarily used or unused household furnishings, bedding, mattresses
and similar articles shall only be permitted in enclosed fireproof
compartments.
E.
Disposal of combustible materials. All combustible materials shall
be disposed of in self-closing metal cans.
Night lights shall be provided in all common areaways leading
to bathrooms and in hallways.
There shall be central heating in all establishments subject to licensing, and adequate heat, as required under § 317-19A(13), shall be provided to all occupied rooming units and to all bathrooms.
Space heaters are prohibited.
Where food is served in any establishment subject to licensing,
then, in addition to this code, the premises shall be subject to the
regulations and requirements of the Sanitary Code and shall be supervised
by the Health Officer as well as by the public officer.
The public officer is authorized to enforce any violation of
this code reported to him by the Health Officer.
