The provisions of this chapter shall constitute the standards
to guide the Commercial Building Inspector or his agents in determining
the fitness of a building or occupancy and if the building or occupancy
has lawfully existed.
The said code established and adopted by this chapter is described
and commonly known as the "Commercial Building Standards of New Jersey."
As used in this chapter, the following terms shall have the
meanings indicated:
ADMINISTRATIVE AUTHORITY
The department, branch or agency of this municipality which
is authorized by the adopting ordinance to administer the provisions
of this code.
BUILDING
A structure enclosed with exterior walls or fire walls, built,
erected and framed of component structural parts, designed for the
housing shelter, enclosure and support of individual, animals or property
of any kind. When used herein, "building" and "structure" shall be
interchangeable except where the context clearly indicates otherwise.
CERTIFICATE OF CONTINUED OCCUPANCY
Indicating that as a result of a general inspection of the
visible parts of the building, no violations have been determined
to have occurred and no unsafe conditions have been found, and that
the existing use of the building has heretofore lawfully existed.
CHANGE OF USE
A change from one use to another use in a building or tenancy
or portion thereof.
COMMERCIAL
Of or connected with commerce, made or done for sale or profit.
EQUIPMENT
Plumbing, heating, electrical, ventilating, air conditioning,
refrigerating and fire prevention/suppression equipment, and elevators,
dumbwaiters, escalators, boilers, pressure vessels and other mechanical
facilities or installations which are related to building services.
GARBAGE
The animal and vegetable and other organic waste resulting
from the handling, preparation, cooking and consumption of food.
INFESTATIONS
The presence, within or around a building, of any insects,
rodents or other pests.
INSPECTION
To look at carefully; to examine or review officially.
INSPECTOR
One who inspects; official examiner.
MAINTENANCE
The replacement or mending of existing work with equivalent
materials for the purpose of safety, healthfulness and upkeep of the
structure and the adherence to such other standards of upkeep as are
required in the interest of public safety, health and welfare.
OCCUPANT
Any person or persons in actual possession of and occupying
a building, including the owner.
OWNER
Any person properly authorized to exercise powers of or for
an owner of property for purposes of its purchase, sale, use, occupancy
or maintenance.
PRIOR APPROVALS
The necessary certifications or approvals issued, which are
conditions precedent to the issuance of a continuous certificate of
occupancy, as the case may be. Prior approvals shall include, but
not be limited to, the following:
A.
Letter from the property owner approving an occupancy.
E.
Ocean County Health (retail activities).
F.
State Health (wholesale activities).
RUBBISH
Includes all combustible and noncombustible waste material,
except garbage.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above, or below the surface
of a parcel of land.
USE GROUP
The classification of an occupancy.
UTILITIES
Includes electric, gas, heating, water and sewerage services
and equipment therefor.
Every commercial structure shall be provided with a safe supply
of potable water meeting the standards as set forth in Potable Water
Standards as published by the New Jersey State Department of Health.
The source of such water supply shall be approved by the New Jersey
Department of Health and/or the Ocean County Health Department and
pursuant to the adopted National Standard Plumbing Code as referenced
in Section 7.21.5, entitled "Substitution and Omission of Fixtures."
The minimum rate of flow of hot or cold water issuing from a faucet
or fixture shall be in compliance of the adopted code enforced by
the Building Department.
Every commercial building or occupancy shall provide the following
facilities:
A. Every water closet and lavatory for each structure or occupancy shall
be accessible from within the building without passing through any
other structure or occupancy.
B. Every plumbing fixture shall be connected to water and sewer systems
approved by the Ocean County Board of Health or the Jackson Township
Municipal Utilities Authority and shall be maintained in good working
condition.
C. Every commercial structure or occupancy shall have water-heating
facilities which are installed and maintained in good and safe working
condition, connected with the hot- water lines required and capable
of delivering water at a minimum temperature that is in compliance
with the adopted code enforced by the Building Department.
Garbage or other organic waste shall be stored in watertight
receptacles of metal or other approved material. Such receptacles
shall be provided with tight-fitting covers.
Every commercial building or occupancy shall have and shall
have maintained the approved lighting approved at the time the certificate
of occupancy was issued.
Every commercial building or occupancy shall have maintained
the approved ventilation approved at the time the certificate of occupancy
was issued.
Every commercial building or occupancy shall have and shall
have maintained the approved heating equipment approved at the time
the certificate of occupancy was issued. Every heating appliance,
except for electrical, shall be properly vented to a chimney or flue
leading to the outdoors.
Every commercial building or occupancy shall have and shall
have maintained a safe and unobstructed means of egress. Such means
of egress shall lead to a safe and open space at ground level accessible
to a street or approved area.
Every commercial building or occupancy having an elevator, dumbwaiter,
etc., shall have an annual certification performed by the authorized
authority. Said certification shall be posted and a copy shall be
made available at the time of the inspection.
Every commercial building or occupancy shall comply with the
following maintenance standards, as appropriate:
A. Every foundation, floor, wall, ceiling, door, window, roof or other
part of a building or occupancy shall be kept in good repair and capable
of the use intended by its design, and any exterior part or parts
thereof subject to corrosion or deterioration shall be kept well maintained.
B. Every inside and outside stairway and appurtenance thereto shall
be maintained in a sound condition and in good repair for its intended
use and capable of supporting the load that normal use may cause to
be placed thereto. Every stairway having three or more steps shall
be properly bannistered and safely balustraded as approved when issued
a certificate of occupancy.
C. Every roof, wall, window, exterior door and hatchway shall be free
from holes or leaks that would permit the entrance of water within
a dwelling or be a cause of dampness.
D. Every foundation, floor and wall of a dwelling shall be free from
chronic dampness.
E. Every commercial building or occupancy shall be free from rodents,
vermin and insects. The Ocean County Board of Health may require rodent
or vermin extermination and rodentproofing and verminproofing.
F. All exterior wiring and lighting shall be in good and operating condition.
G. All egress and ingress walkways shall be in a safe condition.
H. All associated outbuildings shall be in a safe condition.
I. All common areas shall be inspected for safe and operable condition
(which shall include but not be limited to, boiler rooms, furnace
rooms, storage areas and laundry rooms).
The owners and occupants of commercial structures shall have
the following responsibilities and duties:
A. No owner or occupant shall cause any services, facilities, equipment
or utilities which are required under this code to be removed from,
shut off or disconnected in any occupied commercial structure, except
for such temporary interruption as may be necessary while actual repairs
or alterations are in the process or during temporary emergencies
when discontinuance of service is authorized by the Construction Official
and/or the Fire Official of the appropriate fire district.
B. The owner of a commercial structure located in an area found by the
Inspector(s) to be infested by rats, insects or other vermin shall
carry out such rat stoppage, vermin proofing or other means of preventing
infestations of said structure as may be required by the Ocean County
Board of Health.
C. No owner shall occupy or lease to an occupant any vacant structure
or part thereof unless it is clean and sanitary.
D. Every owner of a commercial structure shall be responsible for maintaining
in a clean and sanitary condition the common areas of the structure
or premises thereof.
E. It shall be the responsibility of the owner, unless otherwise provided for under lease agreement, to provide for the orderly maintenance of the premises. The storage of objects or materials not covered in Subsections
G and
H of this section or not otherwise prohibited by municipal ordinance shall be done in an orderly manner so as to not constitute a health, safety or fire hazard.
F. Every occupant of a commercial structure shall keep in a clean and
sanitary condition that part of the structure which he occupies and
controls.
G. Every occupant of a commercial structure shall dispose of all his/her garbage and any other organic waste which might provide food for rodents by placing it in the garbage disposal facilities or garbage storage receptacles required by §
139-6 of this chapter.
H. Every occupant of a commercial structure shall dispose of his/her rubbish in a clean, sanitary manner by placing it in the rubbish containers required by §
139-6 of this chapter.
I. Every occupant of a commercial structure shall be responsible, unless
provided for otherwise under a lease agreement, for the periodic removal
of all garbage and rubbish from the premises each week in accordance
with such regulations of this municipality for the collection of garbage
and rubbish.
J. Every occupant of a commercial structure shall keep all plumbing
fixtures therein in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and operation
thereof.
K. In the absence of a contract or agreement to the contrary, the owner
shall be obliged to provide heat wherever heating facilities are under
the control of the owner or whenever two or more occupancies are heated
by a common facility.
L. The owner shall be responsible for compliance with provisions of
this chapter not specified as the responsibility of the occupants.
M. The owner or occupant shall verify that the proposed occupancy is
not a change of use prior to taking occupancy. Verification shall
be made either through consultation with a licensed architect or verification
by the Construction Code Official or his designee.
[Added 1-31-2020 by Ord. No. 01-20]
There is hereby created the position of the Commercial Building
Inspector of the Township. The appointee shall be the Construction
Official and assisted by members of his staff.
The Commercial Building Inspector is hereby authorized and empowered
to exercise all powers as may be necessary to carry out and effectuate
the purpose and provisions of this chapter, including the following,
in addition to other powers herein granted:
A. To inspect commercial structures and/or occupancies of the Township
to determine if a continuous certificate of occupancy should be issued.
B. To administer oaths, affirmations, examine witnesses and receive
evidence.
C. To enter upon premises for the purpose of making examinations, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
D. If a notice of violation and orders to terminate have not been complied
with, the Commercial Building Inspector, in addition to any other
available remedies likely to bring about compliance, may request the
legal counsel of the municipality, or of the joint enforcement agency,
to institute the appropriate proceeding at law or in equity to restrain,
correct, or abate such violation or to require the removal or termination
of the unlawful use of the building or structure in violation of the
provisions of this chapter or of the order or direction made pursuant
thereto.
E. To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purpose of this chapter.
The Commercial Building Inspector or his agents, upon affidavit,
shall apply to the Judge of the Municipal Court of the Township for
a search warrant setting forth factually the actual conditions and
circumstances that provide a reasonable basis for believing that a
nuisance or violation of this chapter exists on the premises, and
if the Municipal Judge is satisfied as to the matter set forth in
the affidavit, he/she may authorize the issuance of a search warrant
permitting access to and inspection of that part of the premises on
which the nuisance or violation may exist. A search warrant may also
be issued for the routine, periodic inspection of all commercial structures
in a given area based upon possible cause, such as passage of time
since the last inspection, the nature of the buildings and structures
involved, observation of deterioration of the general area and the
like.
Any reinspection of the subject premises caused by lack of compliance
with the provisions of this chapter shall require a fee of $50 for
each inspector (building, electrical, fire or plumbing) to be paid
prior to the reinspection.
Service of notice may be made by personal delivery or by leaving
a copy at the structure or occupancy with a competent member of employment
or at the usual place of abode of such person or by regular and certified
mail.
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction, be punished by
fine not to exceed $2,000 or by imprisonment in the county jail for
a period not to exceed 90 days, or by both such fine and imprisonment;
and each violation of any of the provisions of this chapter, and each
day the same is violated, shall be deemed and taken to be a separate
and distinct offense. The Township of Jackson may, at its discretion,
seek injunctive relief from a court of competent jurisdiction of the
State of New Jersey.