[Adopted 10-1-1991 by Ord. No. 972-91 (Ch. 134 of the 1975 Code)]
As used in this article, the following terms shall have the meanings indicated:
ENFORCEMENT OFFICER
The Construction Official of the Borough of Edgewater or such other officer designated by the Mayor and Council to enforce the provisions of this article.
MULTIPLE DWELLING
Any building or structure containing three or more rented or leased dwelling units occupied or intended to be occupied by three or more persons, together with all appurtenant land, buildings and structures.
OCCUPANCY
The lawful possession of a dwelling unit, commercial or industrial space.
OWNER
The person or persons holding a legal or equitable fee simple interest in a commercial, industrial or residential building or, in case of premises held in the cooperative form of ownership, the person or persons holding legal or equitable title to the cooperative shares allocated to a dwelling unit.
RESIDENTIAL BUILDING
Includes one-, two- and three-family homes, multiple-family dwellings and units therein and individual condominium and cooperative units.
A. 
No person shall occupy or use any portion of a commercial, industrial or residential building after such building or portion thereof has been vacated or sold, or when there has been a change in use or occupancy of such building or any portion thereof, until the owner or landlord thereof shall have applied for and secured a certificate of continuing occupancy. Such certificate shall be issued upon a determination by the Enforcement Officer that, based upon a general inspection of the visible parts of the building and the portion thereof that has been vacated or sold or in which there has been a change in use and occupancy, there are no imminent hazards and that the premises in question is in compliance with applicable building, health, safety and fire codes, regulations, ordinances and statutes of the Borough of Edgewater and State of New Jersey.
B. 
Prior to the rental, lease or sale of any commercial, industrial or residential building or the rental, lease or sale of any individual unit in a multiple-family dwelling involving a new occupancy, continued occupancy or change of use, the Enforcement Officer shall issue a certificate of continuing occupancy in accordance with the standards set forth in Subsection A of this section.
[Amended 11-19-2012 by Ord. No. 1480-2012]
The following requirements shall be complied with prior to the issuance of a certificate of continued occupancy to a residential building or any portion thereof pursuant to this article:
A. 
An approved smoke detector device must be installed as required by applicable state statute and local ordinance and Chapter 149 of the Borough Code.[1]
[1]
Editor's Note: Editor's Note: Former Chapter 149, Fire Detection Systems, was repealed 9-20-2010 by Ord. No. 1439-2010.
B. 
If the front door is connected to a common hallway, the front door must be self-closing, have a chain lock and door viewer.
C. 
Smoke detectors must be in working order, less than 10 years old, and installed as per design when the building was constructed.
D. 
Carbon monoxide detectors must be in working order, less than five years old, and located within 10 feet of all bedrooms. However, carbon monoxide detectors shall only be required in buildings that contain any of the following: fireplace, attached garage or any gas appliance(s).
E. 
Must meet all hotel and multiple dwelling laws, i.e., holes in walls, GFIs where required, peeling paint.
F. 
Additional requirements for one- and two-family dwellings:
(1) 
Shall contain a portable fire extinguisher (ABC type) no larger than 10 pounds, located in or in close proximity to the kitchen.
Prior to any rental, lease or sale of any building or any portion thereof, the owner thereof shall apply to the Enforcement Officer, on an appropriate form, for a certificate of continuing occupancy.
The Enforcement Officer shall conduct an inspection of said commercial, industrial or residential building or portion thereof which is to be sold, rented or leased within a reasonable time, not exceeding 30 days after completion of said application, and shall issue a certificate of continuing occupancy, provided that the standards set forth in § 157-5A of this article have been satisfied and, in the case of residential buildings, that the premises is in compliance with the requirement of installation of a smoke detector alarm system.
If, after inspection by the Enforcement Officer, a certificate of continuing occupancy may not be issued to the commercial, industrial or residential building or portion thereof because of the existence of a violation of any code or failure to comply with the standards set forth in § 157-5A of this article, notice shall be given by the Enforcement Officer to the owner detailing the violations of applicable laws, regulations or ordinances. The Enforcement Officer shall have authority to issue any summons or complaint for any violation of any ordinance, statute or regulation against the owner and/or occupant of the commercial, industrial or residential building or portion thereof wherein the violation exists. In the event that any violations are found to exist, there shall be no new occupancy or use of the premises until the criteria has been satisfied for the issuance of the certificate of continuing occupancy.
[Amended 4-4-1994 by Ord. No. 1027-94]
The following fees shall be applicable for the inspection and issuance of a certificate of continuing occupancy:
A. 
For one-family homes and individual condominiums, cooperative units and apartment units: $50.
B. 
For two-family dwellings: $75.
C. 
For multiple-family dwellings: $75 for the first two units and $50 for each additional unit.
D. 
For commercial or industrial property: $250 for up to 10,000 square feet of gross floor area, plus $25 for each additional 1,000 square feet of gross floor area.
E. 
The fee for all reinspections required for the issuance of the certificate, whether due to inspection failure or denial of access, shall be $25.
[Added 9-18-2000 by Ord. No. 1196-2000; amended 11-19-2012 by Ord. No. 1480-2012]