A.
Concurrent responsibilities.
(1)
Owners, including agents of owners and managing agents and superintendents
shall have the general duties outlined herein for the maintenance
of the premises, and no such person shall be relieved from any such
responsibility hereunder by reason of the fact that an occupant or
the person shall have similar responsibilities or shall have failed
to report any violation, nor shall any such person be relieved of
any responsibility by the terms or provisions of any lease, contract
or agreement.
(2)
Occupants, and to the extent provided herein, members of their families,
or other persons living on the premises shall have the general duties
outlined herein for occupants for the maintenance of the premises,
and no such person shall be relieved from any such responsibilities
by reason of the fact that any owner or operator shall have similar
responsibilities, nor shall any person be relieved of any responsibility
by the terms or provisions of any contract, lease or agreement.
(3)
In any premises subject to either the Horizontal Property Act (N.J.S.A.
46:8A-1 et seq.) or the Condominium Act (N.J.S.A. 46:8B-1 et seq.),
the council of co-owners or condominium association, as the case may
be, shall have the duties of an owner as set forth in these regulations.
However, any such council or association shall only be required to
abate those violations which pertain either to the common areas or
common elements or which it has the right, pursuant to contract or
otherwise, to require the owner of the individual dwelling unit to
abate. Owners of individual dwelling units shall be responsible for
the abatement of violations pertaining only to each such unit; provided,
however, that the responsibilities of the dwelling unit owner and
of the council or association may be concurrent.
B.
Discontinuation of services.
(1)
No person shall intentionally cause any service, facility, equipment
or utility which is required to be supplied under this chapter to
be removed, shut off or discontinued, or knowingly allow such condition
to continue, when the condition affects any occupied unit of dwelling
space.
(2)
This section shall not be applicable to such temporary interruption
as may be necessary when actual repairs or alterations are in process
or during temporary emergencies when discontinuance of service is
caused by any public utility or public agency or is approved by North
Brunswick Township Housing.
(3)
In the event of any discontinuation of services, repairs shall be
performed expeditiously to minimize inconvenience to occupants and,
to the greatest extent possible, temporary or alternate service shall
be provided until permanent service can be restored.
(4)
Tenants shall be given twenty-four-hour notification when regular
or scheduled repairs and/or maintenance requires the discontinuation
of services facilities or utility for more than two hours in one day.
(5)
All utility services must be operational at the time of inspections.
A.
Responsibility of occupant.
(1)
An occupant shall, in addition to complying with all provisions of
this chapter applicable to him, be responsible for violations of this
chapter to the extent that he has the power to prevent the occurrence
of a violation or assist in abating the violation. An occupant has
the power to prevent the occurrence of a violation if:
(2)
The occupant, any member of his family or household, or his guest
shall, with respect to the public parts of the premises, be liable
if a violation is caused by his own willful act, neglect or abuse.
(3)
Every occupant of each unit of dwelling space shall give the owner
thereof or his agent or employees access to any part of the unit of
dwelling space upon reasonable notification, which under ordinary
circumstances shall be 24 hours for multiple dwellings, except immediately
for hotels, for the purpose of making such inspection and such repairs
or alterations as are necessary to effect compliance with the law
and this chapter. In case of safety or structural emergencies, immediate
access shall be given.
(4)
All items stored by occupants in any area provided for common storage
by occupants of more than one unit of dwelling space shall bear the
name and dwelling unit number of the occupant storing the said item
or items. It shall be the responsibility of the occupant to label
each item and maintain it labeled. Materials stored in such areas
shall be secured against becoming sources of infestation and shall
not be placed so as to create a hazard. No flammable or other hazardous
liquids or gas shall be stored within any storage area or within the
dwelling unit.
B.
Reporting of violations; prohibited acts.
(1)
Violations to be reported. Upon discovery by an occupant of any conditions
on the premises, failure of service, or defect in any equipment which
constitutes a violation hereof, the occupant shall report the same
promptly to the owner or to the managing agent having charge of the
premises.
(2)
Prohibited acts. No occupant or other person shall:
C.
Unsafe and unsanitary conditions.
(1)
Occupants shall place all garbage within the receptacles provided
for garbage disposal. Where janitorial service is not required, they
shall place all containers with sufficient frequency to avoid an unsanitary
accumulation in the exterior area or areas set aside for the same.
Garbage, rubbish and other refuse shall not be thrown out of windows
or down dumbwaiters, nor shall garbage and refuse be set out on stairways
or fire escapes or in common hallways.
(2)
Occupants of each unit of dwelling space shall be responsible to
the extent of their own use and activities for keeping the interior
thereof safe and sanitary. Occupants shall prevent any accumulation
of garbage or waste matter which may become a source of infestation
or accumulation of combustible material (example: newspaper and books)
which may constitute a fire hazard.
(3)
Every occupant shall maintain all plumbing fixtures used by him in
a clean and sanitary condition, shall not deposit any material in
any fixture or sewer system which would cause stoppage of or damage
to properly maintained fixtures or sewer systems and shall be responsible
for the exercise of reasonable care in the proper use and operation
of such fixtures.
(4)
Occupants shall not damage, remove or destroy screens needed for
the building.
(5)
Every occupant of any unit of dwelling space shall be responsible
for removing conditions resulting from the occupant's own activities
or which may result in infestation conditions which are subject to
and under his exclusive control.
(6)
No occupant shall cause excessive grease, soot or other foreign matter
to accumulate on side walls, ceilings or other exposed room surface
by improper use of heating or cooking equipment. Cooking equipment
shall be kept clean, free of garbage, food particles and grease.
D.
Malicious damage. Every occupant shall be liable for willfully or
maliciously causing damage to any part of the premises which results
in a violation of this chapter. Any adult occupants shall be responsible
and liable for any violation of this chapter caused by minors under
their care or custody occupying the same unit of dwelling space if
the violations were created or permitted to continue with the knowledge
or acquiescence or consent of said adult member.
E.
Heating by occupant. Where any occupant undertakes, by condition
of his lease, to supply his own heat through a furnace or boiler which
also heats any unit of dwelling space occupied by other persons, the
said occupant shall be responsible in the same manner as the owner
for supplying heat in accordance with the provisions of this chapter.
F.
Occupancy violations of housing ordinance. No occupant shall occupy
or permit the occupancy of any unit of dwelling space in violation
of the occupancy standards established under N.J.A.C. 5:10-22 or any
applicable section of North Brunswick Township ordinances. No occupant
shall cook in any unit or dwelling space except where all the required
cooking facilities are installed as required under N.J.A.C. 5:10-20.
No occupant shall occupy or continue to occupy a unit of dwelling
space that does not have provision for bathroom and toilet room facilities
as required by N.J.A.C. 5:10-21.
G.
Storage. No occupant shall utilize any area outside of his dwelling
space for storage purposes except in an area designated for such use
in accordance with this chapter.
A.
Elimination of hazards. The owner of any dwelling unit shall be responsible
at all times for keeping all parts of the premises occupied by himself
or other persons, to the extent of his responsibilities described
herein, clean and free of infestation and hazards to the health or
safety of occupants and other persons in or near the premises.
B.
Nuisances. The owner of any hotel or multiple dwelling shall be responsible
for avoiding, eliminating or abating any noises, lights, odors, radiations
or vibrations arising out of the use or occupancy of the premises
which shall constitute a nuisance that is harmful or potentially harmful
to the health and well-being of persons of ordinary sensitivity occupying
or using the premises.
C.
Maintenance of dwelling units. Every unit of dwelling space in a
hotel or multiple dwelling shall be so maintained as to be fit for
human use and habitation and to prevent progressive deterioration
of the unit to the detriment of the health, safety and well-being
of its occupants.
D.
Maintenance of exterior.
(1)
The exterior of all premises and all structures thereon shall be
kept free of all nuisances, unsanitary conditions, and any hazards
to the safety or health of occupants, pedestrians and other persons
utilizing the premises, and any of the foregoing conditions shall
be promptly removed and abated by the owner or operator. It shall
be the duty of the owner or operator to keep the premises free of
such conditions, which include but are not limited to the following:
(a)
Brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash, refuse and debris.
(b)
Dead and dying trees and limbs or other natural growth which
by reason of rotting or deteriorating conditions or storm damage constitute
a hazard to persons in the vicinity thereof. Trees shall be kept pruned
and trimmed to prevent such conditions. Tree stumps, which may be
tripping hazards, shall be removed.
(c)
Loose and overhanging objects and accumulations of ice and snow
which, by reason of location above ground level, constitute a danger
of falling on persons in the vicinity thereof.
(d)
Holes, excavations, breaks, projections, obstructions, litter,
icy conditions, unclean snow and excretion of pets and other animals
on paths, walks, driveways, parking lots and parking areas and other
parts of the premises. Holes and excavations shall be filled and repaired,
walks and steps replaced and other conditions removed where necessary
to eliminate hazards or unsanitary conditions with reasonable dispatch
upon their discovery.
(e)
Accumulations of water, vegetation or other matter which might
serve as a source of food or as a harboring or breeding place for
infestation.
(f)
Walks, courts and other paved areas shall be kept clean and
free of litter, dirt, mud or other conditions hazardous to pedestrians.
(2)
All parts of the premises shall be so graded and, where necessary,
provided with runoff drains and/or other means to carry off and dispose
of surface waters in such a manner as to eliminate any recurrent or
excessive accumulations of stormwater on the premises, without causing
the accumulation of water on adjoining properties:
(3)
All outside contractors or concessions providing services on the
premises of apartment complexes, condominiums, or townhome projects
shall maintain all their equipment in a safe manner (example: cable
wiring and boxes).
(4)
Outdoor swimming pools, decorative pools, reflecting pools and artificial
fish ponds which contain 24 inches or more of water or having a surface
area of 250 square feet or more shall be protected by a barrier conforming
to the requirements of the International Building Code.
(5)
Electrical hazards near swimming pools. No overhead electrical conductors
shall be within 15 feet of any swimming pool. All metal fences, enclosures
or railings that might become electrically charged as a result of
contact with broken overhead conductors or from any other cause near
or adjacent to a swimming pool shall be grounded in accordance with
the provisions of the National Electrical Code.
A.
Bearing of loads. Building and parts thereof shall be maintained
so as to be capable of sustaining safely their own weight and the
loads to which they may be subject to so that loads are transmitted
to the soil without undue differential settlement, unsafe deformation
or movement of the building or any structural part thereof.
B.
Foundations. Foundations of all structures shall be kept, maintained
and repaired to eliminate all exposed holes, cracks and other defects
so that the foundation shall be at all times capable of resisting
the penetration of liquids into the building and be weathertight and
serve to protect the building against infestation. They shall also
be maintained to prevent or correct erosion around footings.
C.
Exterior surfaces.
(1)
The exterior of every structure or accessory structure, fence or
other improvement on the premises shall be kept in good repair, and
all exposed surfaces thereof subject to deterioration shall be protected
against weathering or deterioration by a protective coating appropriate
for the particular material involved as needed.
(2)
All exterior windows and window frames shall be painted with at least
one coat of suitable exterior paint or other preservative as needed
except where constructed of an approved atmospheric corrosion-resistant
metal or other equivalent material.
(3)
The exterior surfaces shall be maintained to eliminate conditions
reflective of deterioration or inadequate maintenance, such as broken
glass, fogged windows, loose shingles, crumbling stone or brick or
excessive peeling of paint.
(4)
The exterior of the building shall be free of loose material that
may create a hazard by falling on persons utilizing the premises.
D.
Leakage, drafts and infestation. All exterior walls, roofs, windows,
window frames, doors, door frames, skylights, foundations and other
parts of the structure shall be maintained as to keep water from entering
the structure, to prevent excessive drafts or heat loss during cold
or inclement weather and to provide a barrier against infestation.
Damaged or badly worn material shall be repaired or replaced, and
places showing signs of rot, leakage, deterioration or corrosion shall
be treated or restored to prevent weathering or seepage.
E.
Leaders and drainpipes. Leaders and drainpipes shall be securely
fastened to the building and maintained in good condition, free of
leaks, kept clean and free of obstructions and shall direct stormwaters
into draining systems and away from the foundation walls of the structure.
Splash block shall be provided where needed to direct water away from
a building.
F.
Railings. Stairways shall have continuous guards and handrails conforming
to the International Building Code.
A.
Basements, cellars and crawl spaces.
(1)
Basements, cellars and crawl spaces are to be free of moisture resulting
from liquid penetration from the exterior and shall be provided with
ventilation as required herein to prevent accumulations of moisture
and dampness.
(2)
Floors of basements and cellars shall have a permanent surface that
is water resistant and capable of being kept broom-clean so as not
to create a safety hazard. Subcellars and crawl spaces which are neither
usable nor occupiable need not be permanently surfaced.
B.
Interior surfaces.
(1)
All floors, walls, ceilings and other surfaces shall be kept in good
repair, that is, free from cracks, breaks, split or splintering boards
or woodwork, loose plaster, flaking or peeling paint or other materials.
Loose or defective sections shall be removed and replaced so that
the joint between the repair and the sound material is made flush
and smooth.
(2)
Floors, walls, ceilings and other exposed surfaces shall be kept
clean, free from visible foreign matter, sanitary and well-maintained
at all times. If necessary to accomplish the foregoing, these surfaces
shall be kept painted, whitewashed, papered, covered or treated with
sealing materials or other protective coatings as needed.
(3)
Interior walls, ceilings and other exposed surfaces in units of dwelling
space shall be kept smooth, clean, free of flaking, loose or peeling
paint, plaster or paper and capable of being maintained free of visible
foreign matter and of vermin, and in a sanitary condition. If and
when necessary to accomplish the foregoing or any part thereof, such
interior surfaces shall be spackled, painted, papered or otherwise
provided with a protective coating appropriate for the surface material,
and this shall be done at least once every three years unless it is
clearly unnecessary. Painting or other provision of a protective coating
shall be the responsibility of the occupant and not of the owner when
required more frequently than once every three years as a result of
the acts or omissions of the occupant, a member of his family or household
or his guest.
(4)
Owners shall maintain records indicating the date on which any dwelling
unit or part thereof was painted or otherwise provided with a protective
coating for six years. Said records shall also indicate the names
and address of the person who did the work, the nature of the work
done and the cost. Said records shall be made available upon request
to the North Brunswick Township Department of Community Development
or to any Inspector performing an inspection of the premises on behalf
of the Township.
(5)
Carpeting, where provided by the owner, shall be cleaned, sanitized
and in good condition at the time of reoccupancy by a new tenant.
(6)
Carpeting which creates a hazardous condition shall be repaired or
replaced.
(7)
Except where housekeeping services are provided, normal housekeeping
as required for the maintenance of cleanliness and sanitation within
individual units of dwelling space of multiple dwellings shall be
the responsibility of the occupants and shall not, unless a hazard
to the health, safety or welfare of persons other than the occupant
of the dwelling unit is thereby created, be the responsibility of
the owner.
C.
Stairways and common areas.
(1)
Stairways shall be maintained to support a live load of 100 pounds
per square foot, and walking surfaces shall be maintained free of
hazards, such as loose steps, loose or uneven treads, torn carpeting,
raised strips and nonuniform risers.
(2)
Hallways, fire escapes, stairs, landings and passages and other common
areas shall be kept open for unrestricted passage.
(3)
There shall be guards and handrailings to provide support and protect
persons from falling off the stairways or landings. Such stairway
guards and handrails shall have continuous guards and handrails on
both sides. Intermediate handrails are required so that all portions
of the required width of the stairs are within 30 inches of a handrail.
(a)
Stairways with fewer than three risers are not required to have
handrails where serving a single dwelling unit or where such stairways
are not in an exit access corridor or aisle, exit or exit discharge.
(b)
Aisle stairs provided with a center handrail or serving seating
one side shall be equipped with a minimum of one handrail.
(c)
Stairways within a dwelling unit shall be equipped with a minimum
of one handrail.
(d)
Spiral stairways shall be equipped with a minimum of one handrail.
(4)
Egress: habitable rooms and sleeping areas. Every dwelling shall
have a safe and unobstructed means of egress. Such egress shall not
be through any other dwelling or part thereof and shall lead to a
safe and open space at ground level accessible to the street.
D.
Doors. All doors shall be so maintained that they can be readily
opened and closed.
A.
Receptacles.
(1)
There shall be provided, for each multiple dwelling, noncorrosive,
impervious and noncombustible receptacles sufficient in size and number
to contain waste accumulation, pending collection, twice weekly. The
receptacles shall be so constructed as to hold their contents without
leakage and shall be provided with tight-fitting covers and handles.
(2)
Receptacles for the collection of garbage shall be located so as
not to constitute a hazard and located so as to be accessible to the
collecting agency.
(3)
Garbage collection receptacles shall be kept covered, shall be maintained
in good repair and shall be kept in the area designed for storage
of such receptacles.
B.
Materials requiring separate disposal.
(1)
Disposal of materials not fitting into or appropriate for receptacles
such as newspapers, wrapping paper and other inorganic wastes which
are likely to be blown or scattered about the adjacent property or
streets shall be secured to prevent littering.
(2)
Other objects and material which, because of bulk or size, do not
fit into receptacles shall be placed out for collection only at such
places as are designated for that purpose and at such times as shall
assure the prompt removal by the collection service available to the
building and/or site.
A.
Screens. Screens suited to protect the interior of the building against mosquitoes, flies and other undesirable insects shall be provided and kept in good repair for each exterior door, except as otherwise provided in Exception 2 of § 196-11A(2) below, and each operable window in habitable and occupiable rooms and common areas. Screens shall be installed and maintained by the owner on all such doors and windows at least from May 1 to October 1 each year. All screens required pursuant hereto shall be affixed either to the window frame or to the upper sash and the window frame. Fixed windows need not be provided with screens.
B.
Elimination of infestation. Every owner shall be responsible for
the eradication of any insects, rats or other pests when the infestation
exists in two or more units of dwelling space or in common areas.
All buildings subject to this chapter shall be made ratproof and shall
be maintained in a condition free from infestation. Such ratproofing
and pest extermination shall include but is not limited to the following:
(1)
Prevention of entrance by blocking off or stopping up at passages
by which rats may secure entry from the exterior with rat impervious
material;
(2)
Prevention of interior infestation by elimination of sources of food
and access thereto;
(3)
Prevention of interior infestation by elimination of sources of food
and access thereto; and
(4)
All hotels and multiple dwellings shall be subject to periodic procedures
for the prevention and elimination of infestation by persons qualified
to conduct such procedures no less frequently than once annually and
more frequently where there is recurring evidence of infestation.
A.
Duties of owner.
(1)
The owner shall have the positive responsibility of providing, either
by his own direct efforts or by hiring others qualified to so serve,
a person or persons qualified by training or experience to discharge
the duties and responsibilities outlined for owners under these regulations.
(2)
In multiple dwelling of nine or more dwelling units, the owner shall
either perform the janitorial and/or maintenance services himself,
if he is a resident owner, or provide a janitor and/or maintenance
person, or provide janitorial and/or maintenance services to be performed,
on a twenty-four-hour-a-day basis in a manner approved by this chapter.
(3)
Where necessary to assure compliance with this chapter and other
provisions of law affecting multiple dwellings and hotels, there shall
be a full-time person or employee responsible for providing janitorial
and/or maintenance services as defined herein. The owner shall provide
additional personnel as may be required to assure proper maintenance
and compliance with this chapter.
B.
Duties of manager and superintendent.
(1)
Without relieving the owner of any responsibility placed by these
regulations on the owner, any person undertaking for and on behalf
of the owner any responsibilities for the operation and maintenance
of the premises shall thereby assume, concurrently with the owner,
responsibilities for the premises and be subject to penalty for failure
to comply with any regulation or order relating to any item or matter
within the responsibilities so assumed.
(2)
Where the owner has vested any other person with active management
or control of the property and the owner, either by his physical absence
or unavailability to the premises, has left such person in charge
thereof or, by reason of any other arrangement with such person, the
owner does not actively engage in the day-to-day conduct or operation
of the premises, then such person assuming management shall be responsible
as the agent of the owner for compliance thereto.
(3)
Where there is present on the premises or available to the premises
a person whose duties and authority do not comprise overall control
of the management of the premises, but such person is designated by
the owner as the person responsible for the day-to-day physical upkeep
and maintenance for the premises, then such person shall be liable
concurrently and jointly with the owner and any managing agent for
such matters as shall constitute routine maintenance and upkeep of
the premises, for any other matters pertaining to the maintenance
of the premises entrusted to such person by the owner or management,
and for apprising the owner or managing agent promptly of any other
and further matters such as major repairs, structural improvements
and capital investments which are beyond such person's authority
and competence to undertake and which, if not done, constitute violations
of this chapter or hazards to the health, safety or well-being of
occupants.
C.
Janitorial/maintenance services required. The person in regular attendance
on the premises and responsible for providing janitorial or maintenance
duties as required by this chapter shall provide the following services:
(1)
Setting out and returning waste disposal receptacles and avoiding
leaving receptacles on days when there is no pickup;
(2)
Providing regular daily care for all common areas, including removal
of garbage, litter or other accumulations;
(3)
Attending to sidewalk, pedestrian walkways, parking areas and driveways
and, in case of snow or ice, to permit safe passage in and out of
the premises for vehicles and pedestrians;
(4)
Operating of the equipment designed to provide heat as required under
these regulations;
(5)
Such other and further routine operational and maintenance service
as is required for the owner to comply with this chapter; and
(6)
Provide regular maintenance services for interior repairs which are
the responsibility of the owner as outlined in this chapter.
A.
Suspension of service. Elevator service shall not be suspended except
where unavoidable or where necessary to provide servicing or repairs
and then only for the minimum period of time necessary to effectuate
such servicing or repairs. Where the owner has knowledge in advance
of such suspension, he shall post a notice of the same advising all
occupants of the time and duration of any such suspension and the
reason thereof.
B.
Mirrors. In all hotels and multiple dwellings in which there are
one or more self-service elevators, there shall be affixed and maintained
in each elevator a mirror that will enable persons, prior to entering
into such elevator, to view the inside thereof to determine whether
any person is in such elevator.
A.
Electrical service.
(1)
Service location/meter panels. In all multiple dwellings, each individual
meter shall be identified to indicate the unit the meter serves. Markings
shall be at least one-inch high and easily visible. Markings shall
be maintained so as to be legible at all times and of sufficient durability
to withstand the environment.
(2)
There shall be maintained in good operational condition in every
dwelling and hotel electrical service which shall comply with the
electrical requirements in effect at the time the dwelling or dwelling
unit received the certificate of occupancy from the North Brunswick
Township Building Department.
(3)
The following electrical installations shall be provided and hereafter
properly maintained in all dwelling units:
(a)
All entrances and exits shall be illuminated by exterior lights
sufficient to provide safe passage for persons of normal vision. Exterior
lighting fixtures shall be controlled by interior wall switches, located
for convenient and readily accessible use, except if such lights are
controlled by an automatic timer or photoelectric control device.
(b)
Every kitchen shall be provided with a minimum of two duplex
receptacle outlets; when replacing receptacles within six feet of
a sink, a ground fault circuit interrupt protection receptacle shall
be provided.
(c)
Each basement shall be wired for a minimum of one lighting fixture
for use as general illumination. All enclosed areas to which occupants
of the apartment or hotel have access shall be provided with at least
one lighting fixture. Stairwell and laundry area lighting fixtures
shall not be counted as part of the required basement lighting fixtures.
(d)
Laundry areas shall be provided with illumination. The laundry
circuit shall be an individual circuit. A wall-mounted grounding type
duplex receptacle outlet shall be provided, located near the laundry
equipment.
(e)
Heating equipment requiring electrical energy for operation
or control shall be provided with an individual circuit.
(f)
Service and circuiting shall be adequate for the electric load
being served. If the electrical load in a building is excessive, the
load shall be required or service shall be increased so as to be adequate.
(g)
Existing wiring and equipment shall be kept in good repair.
(h)
Bathroom: When replacing existing electrical within six feet
of a sink, a ground fault circuit interrupt protection receptacle
shall be provided.
(i)
Electric garage door openers shall plug directly into an electrical
box. No extension cords shall be permitted.
(4)
Over-current protection devices shall be provided. Under no circumstances
shall the capacity of over-current protection devices exceed the rated
capacity of all connected wiring as determined by the National Electrical
Code.
(5)
No extension cords shall be utilized except in conformity with the
following standards:
(a)
No cords shall be used which are not listed by Underwriters
Laboratories, Inc.
(b)
Maximum length shall not exceed eight feet, and minimum wire
size shall not be less than No. 18 (AWG).
(c)
No extension cord shall be used that is rated for a lower current-carrying
capacity than is required by the appliance(s) to which it is connected.
(d)
No extension cord shall pass under any rug or carpet or across
any path of travel or be used in any other location where it would
create a hazardous condition.
(e)
No frayed, worn or otherwise damaged extension cord shall be
used.
(6)
There shall be available in each habitable room sufficient electrical outlets to enable occupants to utilize the room for the function for which it is designed without use of loose cords or extension lines as prohibited in § 196-14A(5) above.
B.
Exterior lighting.
(1)
Illumination of common areas in apartment and condominium complexes
shall be situated so as not to shine into adjacent dwelling units.
(2)
Exterior parking areas, pedestrian walkways or other portions of
the premises in apartment, condominium and townhouse complexes subject
to regular and recurrent use by occupants at night shall be illuminated
continually from 1/2 hour before sunset to the 1/2 hour after sunrise,
unless the lighting is connected to a dusk-to-dawn photoelectric device
to enable safe passage of persons of normal vision.
C.
Artificial lighting: multiple-dwelling complexes.
(1)
All interior common areas on the premises utilized by occupants or
that are likely to be used by persons frequenting the premises shall
be equipped with lighting so that during periods of darkness, all
such parts and areas shall be sufficiently illuminated to enable persons
of normal vision to traverse such areas safely and to perform therein
the functions for which the parts or areas are designed.
(2)
Light switches in exitways, including corridors, hallways, landings,
stairways and vestibules, shall be of a type that may not be operated
by occupants or persons frequenting the premises.
(3)
Lighting fixtures, wall plates and other electrical facilities in
bathrooms and toilet rooms shall be of the type or located and maintained
so that there will be no danger of short-circuiting from the splashing
of water from any facility therein. No such fixtures shall be located
so as to be reached from a bathtub or shower enclosure.
(4)
Every habitable or occupiable room shall have light available at
all times, with an illumination of at least six footcandles. Such
light shall be measured 30 inches from the floor at the center of
the room.
(5)
Every bathroom and toilet room shall have light available at all
times, with an illumination of at least three footcandles. Such light
shall be measured 30 inches from the floor at the center of the room.
(6)
The foregoing provisions notwithstanding, it shall not be the responsibility
of a multiple-dwelling owner to provide lamps or lighting fixtures
in dwelling units other than kitchen and bathroom ceiling or wall
fixtures or to supply replacement bulbs.
A.
Standard of performance. Every unit of dwelling space shall contain
facilities to provide heat sufficient to maintain a minimum inside
temperature of 68° F. in all habitable rooms, measured at least
one foot away from any surface at the coldest portion of the space,
subject to regular use by occupants of any such room when the outside
temperature is at design winter conditions.
B.
Corrective measures. Where the North Brunswick Township Department
of Community Development, in consultation with the North Brunswick
Building Department, determines that the facilities are of inadequate
size or capacity to accomplish the foregoing, the owner may be ordered
to either increase the capacity of the heating system, provide additional
insulation or take such other or further steps as will enable the
heating system of the unit to satisfy this requirement; provided,
however, that nothing herein shall be construed as authorizing loss
of habitable space to an extent that would create a violation of this
chapter.
C.
Standards of maintenance.
(1)
The heating equipment, facilities and system and all parts thereof
shall be kept in good operating condition, free of defects, corrosion
and deterioration at all times.
(2)
Heating equipment shall be installed and maintained in such a manner
as to avoid leakage of or concentration of liquids, gases and solid
matters which may constitute hazards or violations of this chapter.
(3)
Heating equipment shall not be operated in such a manner as to impair
its ability to perform as required hereunder or create a hazard anywhere
in the system due to excessive temperature.
(4)
The heating system, including such parts as heating risers, ducts
and hot-water lines, shall be covered with an insulating material
or guard to protect occupants and other persons on the premises from
receiving burns due to chance contact.
(5)
Any pressure-relief valve on any type of heating unit shall be connected
to a pipe that discharges either vertically toward the floor to a
minimum distance of six inches from that floor surface and to a maximum
of 20 inches to that floor surface or in a manner conforming to the
plumbing subcode of the Uniform Construction Code.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
(6)
Furnace rooms which contain gas or oil-fired furnaces and/or hot-water
heaters shall not be used for storage of any kind. Boiler, furnace,
and storage rooms shall be protected with one-hour fire separation
or automatic suppression system.
(7)
At the time of sale of any residential unit, the North Brunswick
Department of Community Development may require the seller to provide
documentation as to the maintenance of oil-fired and gas heating units.
D.
Minimum temperature; rental units.
(1)
From September 15 of each year to the next succeeding May 15, every
unit of dwelling space and every habitable room therein shall be maintained
at a temperature of at least 68° F. between the hours of 6:00
a.m. and 11:00 p.m., at least 65° F. between the hours of 11:00
p.m. and 6:00 a.m. The heating system shall be capable of maintaining
the minimum required temperature in the habitable rooms without the
necessity of heating adjoining rooms more than five degrees higher
than said minimum required temperature. The design of the heating
system shall conform to the ASHRAE Guide and Data Book.
(2)
In meeting the aforesaid standards, the owner shall not be responsible
for heat loss and the consequent drop in the interior temperature
arising out of action by the occupant in leaving windows or doors
open to the exterior of the building.
(3)
The owner shall be obligated to supply required fuel or energy and
maintain the heating system in good operating condition so that it
can supply heat as required herein, notwithstanding any contractual
provision seeking to delegate or shift responsibility to the occupant
or third person, except that the owner shall not be required to supply
fuel or energy for heating purposes to any unit where the occupant
thereof agrees, in writing, to supply heat to his own unit of dwelling
space and the said unit is served by its own exclusive heating equipment
for which the source of heat can be separately computed and billed.
E.
Space heaters.
(1)
Space heaters shall be so installed, located and maintained so as
to exhaust the products of combustion to the outside air, to prevent
a fire hazard by being sufficiently removed or insulated from surrounding
material, to be permanently affixed so that the heater cannot be moved
by occupants, and not to constitute a hazard to persons using the
premises in close proximity to the heater by reason of chance contact
or by reason of lack of fresh air supply.
(2)
Space heaters shall be installed in such a manner that all habitable
rooms will be heated to the required temperature.
(3)
Electric and gas space heaters shall be permitted, provided that
they meet standards established by the Underwriters Laboratories and
shall be used in accordance with the manufacturer's instruction.
F.
Inspection.
(1)
The heating system, as herein defined, shall be inspected annually,
such:
(a)
To insure that the system is being maintained in accordance
with the standards applicable to the system as of the time of installation.
(b)
To locate and remove hazards or conditions that may, if not
corrected, are foreseen to develop into hazards or become violations
of these regulations.
(c)
To confirm the ability of the system to fulfill the heating
requirements provided hereunder.
(2)
Fireplaces, fireplace inserts, and woodburning stoves, where they
exist, shall be installed according to manufacturer's instructions,
well maintained and properly vented, or the unit shall be sealed and
secured to prevent usage. Chimneys shall be checked by a chimney sweep
certified by National Chimney Sweep Guild at least once every three
years. If inspection indicates cleaning is required, the unit shall
be cleaned. Records shall be maintained for six years on each fireplace
unit. These records shall contain the name and address of the chimney
sweep conducting the inspection and his findings.
A.
Sufficiency of source and system. Every multiple dwelling and hotel
shall be connected to a source of and system for delivery of potable
water sufficient to meet the requirements for hot and cold water at
all connected fixtures.
B.
Connection of fixtures. Every kitchen sink, bathroom or toilet room,
sink, basin, tub or shower shall be connected to both hot and cold
water lines and be provided with both hot and cold water.
C.
Hot water.
(1)
Each building or dwelling unit shall be served by a hot-water heater
and hot-water distribution system capable of operating even when the
heating system itself is not in operation and of providing all units
of dwelling space and facilities therein requiring hot water with
water at the outlets at a minimum temperature of 120° F. and a
maximum temperature of 160° F. at all times in accordance with
anticipated need resulting from the number of fixtures and use of
the building.
(2)
The use of sidearm water heaters shall be prohibited.
D.
Flow of water. All plumbing fixtures and equipment for the supply
and drainage of running water shall be maintained so that the rate
of flow shall be of sufficient volume and at pressures adequate to
enable them to function properly. The pipes conveying the water shall
be of sufficient size to provide the water required without undue
pressure reduction and without undue noise under all normal conditions
of use.
A.
Natural light.
(1)
Every habitable room shall have at least one window or skylight or
transparent or translucent panel facing the exterior of the premises
directly or through an open porch into the room, equal in area to
at least 8% of the floor area of such room.
(2)
Wherever walls or other portions of a structure or other opaque barriers
face a window surface and are less than three feet distant from such
window surface and where the projected plane of any such wall, surface
or barrier shall obscure more than 1/2 of the window surface, then
such shall not be included in the calculation as contributing to meet
the minimum requirements hereof.
B.
Natural ventilation.
(1)
Every habitable room, bathroom, toilet room or enclosed kitchenette
shall have a means of natural ventilation unless there is supplied
some other device affording adequate ventilation and exchange of air.
Natural ventilation as required hereunder shall be directly to the
exterior through an opening of at least three square feet or through
a porch having access and exposure to fresh air from the exterior.
The total of openable window or skylight area in each such room shall
be equal to at least 50% of the minimum window or skylight area required
for natural light under N.J.A.C. 5:10-16.1.
(2)
Every such window or skylight shall be equipped with the necessary
hardware or other means so that it can be readily opened and closed
by occupants from the interior of the dwelling space.
C.
Mechanical ventilation. Where the required natural ventilation is
not provided, there shall be ventilation by mechanical means, conforming
to the following requirements:
(1)
Kitchens and kitchenettes shall be ventilated by mechanical means
so as to exhaust at least two cubic feet of air per minute per square
foot of floor area directly to the outdoors or by means of a properly
installed and maintained electrically powered, nonducted range hood
equipped with an activated charcoal filter for the elimination of
cooking odors.
(2)
For commercial kitchens, see N.J.A.C. 5:70-4.7(g).
(3)
Bathrooms and toilet rooms containing only one water closet or urinal
shall be mechanically vented by an exhaust system that exhausts at
least 50 cubic feet of air per minute. Means shall be provided for
air ingress by louvers in the door, by undercutting the door or by
transfer ducts, grilles, or other openings.
(4)
Bathrooms and toilet rooms containing more than one water closet
or urinal shall be mechanically vented by an independent exhaust system
that exhausts at least 40 cubic feet of air per minute per water closet
or urinal.
(5)
All clothes dyers vented to the exterior must be cleaned and well
maintained.
A.
Storage of occupant's property.
(1)
Any storage area available to or used by occupants in common areas
shall have each space within the area separately designated for each
unit of dwelling space, and a list identifying each such space shall
be retained by the person in charge of the premises, or if the space
is used in common by occupants of more than one unit of dwelling space,
then all items so stored shall bear the identification of the occupant
storing the item or items.
(2)
The owner shall not permit unmarked items to be stored in a common
storage area and shall have a procedure for notifying each tenant,
in writing, before removal and disposal of the same.
(3)
Materials stored in such areas shall be secured against becoming
sources of infestation and shall be protected against fire hazards
caused by ignition from electrical or heating devices or equipment
of similar possible sources of fire.
B.
No-smoking signs. Common areas available for or utilized for storage
purposes and public garages shall contain one sign at least one square
foot in area, clearly legible and prominently displayed at or near
the entrance to the space, prohibiting smoking in the area.
C.
Limitations on storage space.
(1)
Storage in common areas shall not cover more than 80% of the overall
floor area and not more than 60% of the cubic content of the storage
area and shall be arranged so that there will be maintained at all
times aisles at least three feet in width.
(2)
Storage shall not be permitted in attic spaces in garden apartments
unless such spaces are designed for such purposes according to the
International Building Code.
D.
Refrigerators and similar equipment. The owner shall first remove
the doors of any refrigerators or other such equipment with exterior
closing devices likely to be hazardous to children, if stored on the
premises.
A.
Mailboxes and directories.
(1)
The owner shall provide and maintain mail receptacles for all occupants,
conforming to all federal postal laws and regulations.
(2)
In multiple dwellings, there shall be identification by name and
unit of dwelling space for each designated occupant, maintained by
the person in charge of the premises or posted at or near the main
entrance of the premises or in the lobby, lounge or mailroom area.
Nothing herein shall be construed as requiring a directory for transient
guests, provided that there is a responsible person on the premises
designated by the owner, known to postal authorities, who shall on
behalf of the owner receive and distribute or make available for pickup
mail for transient guests.
B.
Identification signs.
(1)
Every unit of dwelling space in hotels and multiple dwellings shall
have some permanent and legible identification by letter, number or
other symbol at or near the front entrance thereof.
(2)
Floor signs designating the number of the floor shall be posted prominently
and maintained permanent and legible identification by letter, number
or other symbol at or near the front entrance thereof.
(3)
The street number of the premises shall be posted prominently at
the front entrance of the premises and be visible day and night from
the public right-of-way adjoining the main front entrances of the
premises.
(4)
Buildings having three or more units shall have identification posted
prominently at the front entrance of the premises and be visible day
and night from the public right-of-way adjoining the main front entrance
of the premises. Signs shall be of reflective material and bear both
the street number and unit numbers (Example: Bldg. 36 36-01 through
36-24).
A.
Hotels. The following provisions apply to hotels.
(1)
Entrance doors to dwelling units shall be equipped with a medium-duty
dead-latching lockset (Series 160, FF-H-106a, minimum, with a minimum
1 1/16 inch by 1/2 inch with 1/2 inch minimum throw latch bolt
with automatic deadlocking plunger) or with a dead bolt separate from
the latch set.
(2)
Such entrance doors shall also be equipped with either a viewing
device installed on the designated main entrance door to the dwelling
unit located so as to enable a person on the inside of the entrance
door to view a person immediately outside or with a chain door guard
so installed as to permit partial opening of the door.
(3)
All openable windows, sliding doors, basement windows and windows
opening onto exterior stairways, fire escapes, porches, terraces,
balconies or other areas affording easy access to the premises shall
be equipped with a locking device of some kind.
(4)
Grilles lockable from the inside only may be placed on the inside
or outside of windows only if the windows do not serve to provide
access to exits.
B.
Multiple dwellings. The following provisions apply to multiple dwellings:
(1)
Every building entrance door or other exterior door permitting access
to two or more units of dwelling space shall be equipped with a heavy-duty
dead-latching lockset (Series 161, FF-H-106a, minimum, with a minimum
7/8 inch by 5/8 inch with 1/2 inch minimum throw latch bolt with automatic
deadlocking plunger). Outside cylinders of main entrance door locks
shall be operated by the tenant's key, which shall not be keyed
to also open the tenant's dwelling unit entrance door.
(2)
All exit and exitway doors shall be freely openable from the inside
at all times. Double-keyed dead bolts shall not be installed on main
entrance doors.
(3)
All exterior entrance doors to common basement, cellar or storage
areas shall be self-closing and lockable.
(4)
All entrance doors to dwelling units shall be equipped with a medium-duty
latching lockset (Series 160, FF-H106a, minimum, with a minimum 1 1/16
inch by 1/2 inch with 1/2 inch minimum throw latch bolt with automatic
deadlocking plunger) or with a dead bolt lock separate from the latch
set.
(5)
All entrance doors to each dwelling unit shall be equipped with a
chain door guard so as to permit partial opening of the door and a
viewing device installed on the designated main entrance door to the
dwelling unit, located so to enable a person on the inside or the
entrance door to view a person immediately outside.
(6)
All openable windows, sliding doors, basement windows and windows
opening onto exterior stairways, fire escapes, porches, terraces,
balconies or other areas affording easy access to the premises shall
be equipped with a locking device of some kind.
(7)
Grilles lockable from the inside only may be placed on the inside
or outside of windows only if the windows do not serve to provide
access to exits.
(8)
Every exterior entrance door leading to interior common areas which
provide access to two or more interior dwelling units' entrance doors
shall be a self-closing and self-locking door, shall be kept closed
at all times except when in actual use and shall be equipped with
a viewing device if it would not otherwise be possible to see a person
seeking to enter without opening the door. In addition, the main entrance
door shall be equipped with an electrically operated buzzer and latch-release
system, individual exterior door bells connected to each dwelling
unit, or an approved alternative security and entrance system. However,
no building shall be equipped with an electrically operated latch-release
system if such building is not also equipped with an intercommunication
system allowing effective communication between a person in any dwelling
unit and a person standing outside of the main entrance door.
(9)
When the main entrance to a building contains a vestibule with doors
at both ends, only the inside set of doors must conform to the security
requirements.
(10)
Buildings with fewer than six dwelling units shall not be required
to have bells in every dwelling unit, provided that there is at least
one exterior door bell connected so as to ring at least one bell in
the common areas which will be audible in all dwelling units.
(11)
Exposed hinges on building entrance doors and entrance doors
to dwelling units are either to be removed and replaced with hinges
which have nonremovable hinge pins or altered so that the door would
be protected against being lifted from its hinges by pulling the hinge
pin. (An acceptable alteration method to an existing door would be
to remove two screws, opposite each other, from both leaves of the
hinge, insert screw, steel pin or equivalent into jamb leaf, protruding
1/2 inch, drill out the opposite screw hole in the door. Do this in
the top and bottom hinge of the door. When closed, the hinge pins
may be removed, but the door will remain firmly in place.)
A.
Required facilities. No cooking shall be permitted in any unit of
dwelling space unless there is a provision for the following minimum
cooking and sanitary facilities:
(1)
A kitchen sink of nonabsorbent impervious material and drain board
of appropriate materials, connected to and having available at all
times a supply of hot and cold water under sufficient pressure as
required under N.J.A.C. 5:10-15. The kitchen sink shall be connected
to a sanitary disposal or sewer system.
(2)
Cooking and preparation of food shall be undertaken only in areas
designated therefor.
(3)
Means of natural ventilation or mechanical ventilation sufficient
to remove promptly cooking odors to the exterior of the premises without
first circulating them within the interior habitable space of the
unit.
(4)
Place for storage of food free from infestation.
(5)
Facilities for refrigeration in good operating condition for protection
of food from spoilage permitting maintenance of temperatures for storage
above 32° F. and below 50° F. without regard to outside temperature.
(6)
A cooking facility which, if electrical, is connected with safety
to an electrical system of sufficient capacity or, if gas, connected
by permanent fixture and tubing to avoid leakage of gas. The use of
gasoline stoves or other similar fuel-burning appliances using highly
flammable liquids and the use of portable kerosene stoves or other
similar fuel-burning portable appliances for cooking is prohibited.
(7)
Cabinets or drawers or other storage areas for utensils, dishes and
other cooking and eating equipment. Cabinets and countertops shall
be in good condition and well maintained.
(8)
Two floor or wall electrical outlets for electrical appliances.
A.
Required facilities.
(1)
Every unit of dwelling space shall contain the following minimum
sanitary facilities:
(a)
A toilet equipped with a flushing mechanism.
(b)
A bathtub or shower or other complete bathing facility.
(c)
A washbasin in the toilet room or within close proximity thereto.
(d)
In dwelling units having more than one room available or used
for sleeping purposes, each such room shall have accessible to it
sanitary facilities directly from the room itself or through any common
portion of the dwelling unit without requiring passage through the
bedroom.
(2)
A complete second set of sanitary facilities shall be required for
any unit of dwelling space with permissible occupancy of 10 or more
persons.
(3)
Each toilet and bathing facility shall be located in a separate room
or rooms with completely enclosed sides and top and shall be provided
with:
(4)
Every bathroom and toilet room shall be of sufficient dimension to
provide clearance of 1 1/2 feet in front of each fixture, including
but not limited to toilet, lavatory, bathtub or shower.
(5)
Every toilet, including the toilet seat, washbasin, shower, bath
and other plumbing or sanitary facility forming part of any toilet
room or bathroom, shall be maintained in good operating condition
at all times and shall be kept clean and free of material that might
clog the same or impair its operation and shall drain into a sanitary
sewer or other approved sanitary disposal system.
A.
Basements and cellars. Basements and cellars may be used for dwelling
space, provided that:
(1)
The entire area constituting the dwelling unit must comply with all
requirements set forth in this chapter applicable to habitable rooms
or areas and to all requirements set forth in N.J.A.C. 5:70 applicable
to rooms and dwelling units in basements or stories below grade; and
(2)
The floors, ceiling and walls of each unit of dwelling space must
be free of moisture.
B.
Unemancipated minors. No unemancipated minor shall occupy any unit
of dwelling space not having as part thereof for the exclusive use
of its occupants the sanitary facility required under N.J.A.C. 5:10-21.
C.
Floor area.
(1)
In all dwelling units other than rooming units, there shall be a
minimum usable floor area for the initial occupant of 175 square feet
and 125 square feet of additional space for each additional occupant.
(2)
In every dwelling unit, every room occupied or intended to be occupied
for sleeping purposes by one occupant shall have a minimum usable
floor area of 70 square feet, and every room occupied or intended
to be occupied for sleeping purposes by more than one occupant shall
have a usable floor area of at least 50 square feet for each such
occupant; provided, however, that children under the age of three
shall not be considered to be additional occupants.
D.
Prohibited sleeping areas. Kitchens, bathrooms, halls and toilet
rooms shall not be used for sleeping purposes.
E.
Required ceiling height.
(1)
Other than a kitchen, basement or attic, ceiling heights in habitable
rooms, hallways, corridors, bathrooms, toilet rooms and laundry rooms
on the first or second floor shall have a ceiling height of not less
than seven feet. The required height shall be measured from the finished
floor to the lowest projection from the ceiling. Exception: Beams
and girders spaced not less than four feet on center may project not
more than six inches below the required ceiling height.
(2)
Ceilings in basements or attics with habitable spaces to be used
for sleeping purposes may project to within six feet, eight inches
of the finished floor, and beams, girders, ducts or other obstructions
may project to within six feet four inches of the finished floor.
(3)
Ceilings in basements or attics with habitable spaces not to be used
for sleeping purposes may project to within six feet two inches of
the finished floor, and beams, girders, ducts or other obstructions
may project to within five feet 10 inches of the finished floor.
(4)
Not more than 50% of the required floor area of a room or space is
permitted to have a sloped ceiling less than the height required herein,
with no portion of the required floor area less than five feet in
height. Portions of a room with a sloping ceiling measuring less than
five feet from the finished floor to the finished ceiling shall not
be considered as contributing to the minimum required habitable area
for that room.
(5)
Read in context with the definition of "habitable room"[1] and the occupancy standards found in this chapter, this
section requires an attic apartment to contain at least 150 square
feet of floor space having a ceiling height of seven feet zero inches
and that every attic room have at least 59 square feet of floor area,
having a ceiling height of at least seven feet zero inches. While
additional floor area having less than seven feet zero inches ceiling
height is permitted, it cannot be counted for purposes of determining
habitability.
F.
Emergency escapes and rescue openings shall meet the following minimum
standards:
(1)
Basements with habitable space to be used for sleeping purposes must
contain emergency escape and rescue openings in the room(s) used for
sleeping purposes. All emergency escape and rescue openings shall
have a minimum net clear opening of 5.7 square feet. Exception: Grade
floor openings shall have a minimum net clear opening of five square
feet. The minimum net clear opening height shall be 24 inches. Emergency
escape and rescue openings shall have the bottom of the clear opening
not greater than 44 inches measured from the floor. The minimum net
clear opening width shall be 20 inches. Emergency escape and rescue
openings shall be operational from the inside of the room without
the use of keys or tools.
(2)
Window wells required for emergency escape and rescue shall have
horizontal dimensions that allow the door or window of the emergency
escape and rescue opening to be fully opened. The horizontal dimensions
of the window well shall provide a minimum net clear area of nine
square feet with a minimum horizontal projection and width of 36 inches.
Exception: Ladder(s) or steps required shall be permitted to encroach
a maximum of six inches into the required dimensions of the window
well.
(3)
Window wells with a vertical depth greater than 44 inches below the
adjacent ground level shall be equipped with a permanently affixed
ladder or steps usable with the window in the fully open position.
Ladders or rungs shall have an inside width of at least 12 inches
and shall project at least three inches from the wall and shall be
spaced not more than 18 inches on center vertically for the full height
of the window well.
A.
Registry and rate posting. Every hotel shall have posted in a conspicuous
place a statement of the range of rates charged by the hotel.
B.
The owner or operator of every hotel or dwelling space for which
housekeeping services are provided shall:
(1)
Supply a fresh change of bed linen and towels, all of which shall
be in good condition, at least once a week or when there is a change
of occupancy of the unit.
(2)
Provide housekeeping and interior maintenance on a daily basis if
a hotel, but under any circumstances each such unit shall be completely
inspected and cleaned where the occupancy thereof is changed.
A.
Design requirements.
(1)
Driveways shall have two traffic lanes for their entire length, in
addition to any parking space, except that a single lane may be used
for short straight service driveways where two-way traffic is not
anticipated.
(2)
Buildings, walls, fences, plantings and other sight obstructions
shall be so located and designed that a driver backing out of a garage,
carport or parking space can see approaching traffic speed and volume.
B.
Maintenance requirements. Driveways and parking areas shall be maintained
free of potholes or other unsafe or unsanitary conditions.
C.
Parking in approach drives. No parking will be permitted in approach
drives to parking areas where such parking will obstruct ingress of
fire-fighting equipment.
D.
Parking for handicapped residents.
(1)
Any owner of a multiple dwelling with five or more dwelling units
which provides parking to the occupants thereof, and in which a handicapped
person resides, shall provide parking spaces for occupants who are
handicapped located at the closest possible proximity to the principal
accesses of the multiple dwelling.
(2)
A minimum of 1% of the total number of parking spaces provided for
the occupants of the multiple dwelling, but not less than one parking
space, shall be set aside as parking for the handicapped.
(a)
Each space or group of spaces shall be identified with a clearly
visible sign displaying the International Symbol of Access along with
the following words: "This space reserved for physically handicapped
drivers."
(b)
Each reserved space shall be 12 feet wide to allow room for
a person in a wheelchair or on braces or crutches to get in and out
of either side of an automobile onto a level, paved surface suitable
for wheeling and walking and shall be located so that a person in
a wheelchair or using braces or crutches is not compelled to wheel
or walk behind parked cars.
(c)
Where applicable, curb ramps shall be provided to permit a handicapped
person access from the parking area to the sidewalk.
(3)
For purposes of this section, "handicapped" means a physical impairment
which confines a person to a wheelchair; causes a person to walk with
difficulty or insecurity; affects the sight or hearing to the extent
that a person functioning in public areas is insecure or exposed to
danger; causes faulty coordination; or reduces mobility, flexibility,
coordination and perceptiveness to the extent that facilities are
needed to provide for the safety of that person.
A.
Child protection window guards; when required.
(1)
Except as provided in § 196-26A(2) below, the owner or other person responsible for the management or control of a multiple dwelling shall, upon the written request of a tenant of a unit in which a child or children 10 years of age or under reside, provide, install and maintain approved child-protection window guards on the windows of the dwelling unit and on any windows of the dwelling unit and on any windows in the public halls of the multiple dwelling.
(2)
The requirements of this chapter shall not apply to any window which
either gives access to a fire escape or is on the first floor, or
the unit that is owner-occupied, is part of a condominium or is held
by a proprietary lessee under a cooperative form of ownership or occupied
by a shareholder in a mutual housing corporation.
(a)
For purposes of this chapter, a window in a room or hallway
shall not be considered to be on the first floor if the finished surface
of the floor of that room or hallway is more than six feet above grade
as measured at the location of the window.
(3)
All leases offered to tenants in multiple dwellings, other than condominium,
cooperative or mutual housing form of ownership, shall contain a clear
and conspicuous notice advising tenants that the owner is required
by law to provide, install and maintain window guards in the apartment
of any tenant who has a child or children 10 years of age or younger
living in the apartment and makes a written request to the owner or
manager to install window guards, and that owner is also required,
upon written request of any such tenant, to provide, install and maintain
window guards in the building hallways to which persons in the tenant's
unit have access without having to go out of the building. A lease
offered to a tenant of a first-floor unit shall not be required to
refer to window guards in the apartment but only to window guards
in the hallways above the first floor to which persons in the tenant's
unit have access without having to go out of the building.
(4)
At least once in each calendar year, the owner or manager of a multiple dwelling shall deliver to each tenant a clear and legible notice containing the information required by § 196-26A(3) above. This notice shall be hand-delivered or mailed by regular or certified mail, return receipt requested.
B.
General installation requirements.
(1)
Window guards shall be installed in accordance with all applicable
requirements of the State Uniform Construction Code, N.J.A.C. 5:23,
and with manufacturer's instructions.
(2)
Any window guard installed on an emergency egress window shall be
releasable or removable from the inside without use of a key, tool
or excessive force. For purposes of this chapter, "emergency egress
window" is any window in a sleeping room located on the second or
third floor, other than a window providing access to a fire escape.
(3)
Any window guard installed on a window that is not an emergency egress
window, including any window in a unit located above the first floor
that is not a sleeping room, shall be designed, constructed and installed
so that it cannot be removed, opened or dislodged without the use
of a key or tool; provided, however, that no window guard shall be
installed on any window giving access to a fire escape.
C.
Specifications for window guards.
(1)
Window guards shall be constructed as to reject the passage of a
solid four-inch sphere at every space and interval.
(2)
When fully extended, the guard shall bear 150 pounds of load at the
center.
(3)
Window guards shall be constructed of metal or of other material
of comparable strength and durability. The diameter or width of metal
rods used in the guards shall not exceed 1/2 inch.
(4)
Window guards shall be constructed and installed so as to serve their
intended purpose without any risk of collapse, breakage, spreading
of the bars or other malfunction.
(5)
In a room, window guards shall be of at least a height sufficient
to allow a total openable window area, for all windows in the room,
of not less than 4% of the floor area of the room. In a public hallway,
window guards shall protect the full openable area of each window.
(6)
Guards shall be securely fastened in order to bear the required load.
(7)
All window guards shall be installed as to prevent the lower window
from being raised four inches or more above the lowest section of
the top horizontal bar of the window guard. Where necessary, rigid
metal stops shall be installed securely in the upper tracks of each
side of the bottom window.
(9)
The coating of all guards shall be unleaded.
(10)
Guards shall be installed only in sound (nonrotting) mountings
or tracks.
(11)
Window guards installed prior to November 20, 1995, shall be
accepted as being in conformity with this chapter if they were designed
and installed in accordance with the rules and specifications established
by the New York City Department of Health and if such installation
is not in violation of N.J.A.C. 5:10-27.2. Window guards installed
on or after November 20, 1995, that are so constructed as to reflect
the passage of a solid four-inch sphere at every space and interval
and are otherwise designed and installed in accordance with the rules
and specifications established by the New York City Department of
Health, and not in violation of N.J.A.C. 5:10-27.2, shall be accepted
as being in conformity with this chapter.
D.
Additional specifications for window guards for other than double-hung
windows.
(1)
Window guards intended for casements, sliders and other types of
combinations of windows in which the height of the openings is not
subject to limitation shall be of such size as to fill the entire
aperture and shall reflect passage of a solid four-inch sphere at
every space or interval.
(2)
Except as otherwise provided in § 196-26D(3) hereinbelow, sliding windows and vertical pivoting windows may be equipped with stopping devices in place of window guards as follows:
(a)
For sliding windows, solid metal blocks, measuring at least
1/2 the depth of the window track and 1/2 the width, shall be securely
fastened into the bottom and upper window tracks to prevent the window
from opening four inches or more.
(b)
For vertical pivoting windows, metal stopping devices shall
be securely fastened to the upper and lower window frames so as to
prevent the window from pivoting open four inches or more. The height
of the stopping devices shall extend no less than one inch nor more
than two inches beyond the window frame as needed to stop the window.
The protruding edge of the stopping device shall be smooth and rounded.
(3)
Use of such stopping devices in lieu of window guards shall be allowed
within dwelling units only where they do not preclude meeting the
requirement, as per N.J.A.C. 5:10-16.2, that the total operable window
and/or openable skylight area in each room be equal to at least 4%
of the floor area of the room.
E.
Prohibited acts. No person shall obstruct or interfere with the installation
of child-protection window guards required under P.L. 1995, c. 120,
the Robert E. Dwight, Jr., Raquan Ellis and Zahir Atkins Memorial
Child-Protection Window Guard Law, N.J.S.A. 55:13A-7.12 through 55:13A-7.16,
and under this chapter, nor shall any person remove or otherwise render
ineffective such window guards; provided, however, that the owner
or the representative of the owner may remove window guards from an
unoccupied unit or, with the consent of the tenant, from a unit in
which no child 10 years of age or under resides.
F.
Firesafety regulations.
(1)
All buildings in compliance with the International Fire Code shall
be deemed to be in compliance with this chapter insofar as issues
of firesafety are concerned.
(2)
If, in the course of inspecting any hotel or multiple dwelling, any
Inspector performing inspections for the Township shall find a condition
which is, or appears to be, in violation of the International Fire
Code, N.J.A.C. 5:70, the Inspector shall give prompt notice of that
condition to the local enforcing agency.
(3)
No certificate of inspection shall be issued for any hotel or multiple
dwelling subject to inspection, pursuant to the Uniform Fire Safety
Act,[1] by a local enforcing agency either as a life-hazard use
or pursuant to a notice given by the local enforcing agency to the
Division of Fire Safety, unless and until the ordinance shall have
received from the local enforcing agency a certification that the
building does not have any outstanding violations of the International
Fire Code, N.J.A.C. 5:70, or the Township's representative has,
while at the premises, examined a current certificate of inspection
issued pursuant to the Uniform Fire Safety Act.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
(4)
Where battery-powered single-station units have been installed in
dwelling units, the following conditions must be met:
(a)
The owner or his representative shall inspect, clean and test
all units and replace batteries in all units annually.
[1]
Once a year, each apartment complex shall submit to the North
Brunswick Department of Community Development certification that all
smoke detector units have been serviced. Certification shall include
date of service, name of person servicing unit and notation if smoke
detector was replaced. Certification shall be submitted by June 1
of each year.
[2]
The owner of a multiple dwelling or his representative shall
place a tag on each unit and shall place the date of inspection and
his initials on the tag.
(b)
Entries shall be made on the tag upon initial installation,
whenever a change of occupant occurs, when any reported malfunction
of unit is corrected, and when required maintenance is performed.
(c)
An entry made on a tag shall constitute a certification that
the unit is operating properly.
(d)
Tags shall be affixed so as not to impair the functioning of
the unit.
(5)
Smoke detectors required for all existing dwelling or dwelling units.
(a)
No certificate of compliance shall be issued for any dwelling
or dwelling unit by the Inspector unless said official, after inspection
of the unit, certifies that such dwelling is equipped with smoke detectors
as defined hereinabove.
(b)
No person shall rent to another or suffer or permit occupancy
by another of any rental dwelling unless said rental units are equipped
with smoke detectors.
(c)
The owner of any vacant rental dwelling unit shall be responsible
for maintaining and replacing the batteries as needed in battery-powered
smoke detectors and provide power in vacant units equipped with hard-wired
smoke detectors.
(6)
Location of smoke detectors. A minimum of one on each level shall
be installed in accordance with manufacturer's instructions.
