[Amended 8-13-2019 by Ord. No. 20-19]
The provisions of this chapter shall constitute the standards
to guide the Housing Officer or his/her officers in determining the
fitness of a building for human habitation, use or occupancy.
For the purposes of this chapter, the words, terms or phrases
listed below shall be defined and interpreted as follows:
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
Any building or structure, or part thereof, used for human
habitation, use or occupancy and includes any necessary buildings
and appurtenance belonging thereto or usually enjoyed therewith.
DWELLING
A building or structure or part thereof containing one or
more dwelling units or lodging units. For the purposes of this chapter,
a mobile home shall be deemed to be a dwelling.
DWELLING UNIT
Any room or group of rooms or any part thereof located within
a building and forming a single habitable unit with facilities which
are used, or designed to be used, for living, sleeping, cooking and
eating.
GARBAGE
The animal and vegetable and other organic waste resulting
from the handling, preparation, cooking and consumption of food.
HABITABLE ROOM
A room or enclosed floor space within a dwelling unit used
or designed to be used for living, sleeping, cooking or eating purposes,
excluding bathrooms, water closet compartments, laundries, pantries,
foyers or communicating corridors, closets and storage spaces.
HOUSING OFFICER
The officer or officers who are authorized by the adopting
ordinance to exercise powers prescribed by this chapter.
INFESTATIONS
The presence, within or around a building, of any insects,
rodents or other pests.
LODGING HOUSE
Any building or that part of any building containing one
or more lodging units, each of which is rented by one or more persons
not related to the owner.
LODGING UNIT
A rented room or group of rooms containing no cooking facilities
used for living purposes by a separate family or group of persons
living together or by a person living alone, within a building.
OCCUPANT
Any person or persons in actual possession of and living
in the building or dwelling unit, 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.
PERSON
Shall be given the same meaning as defined in N.J.S.A. 1:1-2.
PLUMBING FIXTURES
Includes all installed receptacles or devices which are supplied
with water or which receive or discharge liquid waste or sewage into
the drainage system with which they are directly or indirectly connected.
RUBBISH
Includes all combustible and noncombustible waste material,
except garbage.
UTILITIES
Includes electric, gas, heating, water and sewerage services
and equipment therefor.
Every dwelling unit and lodging house 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 State Department of Health and/or the Township Board of
Health. The minimum rate of flow of hot or cold water issuing from
a faucet or fixture shall be not less than one gallon per minute.
Every building or dwelling shall provide the following facilities:
A. Every dwelling unit shall contain a kitchen sink of nonabsorbent
impervious material, at least one flush-type water closet, a lavatory
and a bathtub or shower, available only for the use of the occupants
of that dwelling unit.
B. Every lodging house shall be provided with a minimum of one flush-type
water closet, lavatory and a bathtub or shower for every eight persons
or part thereof.
C. Every water closet, lavatory and bathtub or shower for each dwelling
unit or lodging house shall be accessible from within the building
without passing through any part of any other dwelling unit or lodging
unit and in a lodging house shall be located no farther than one floor
above or below the lodging units served. Such water closet, lavatory
and bathtub or shower shall be contained in a room or rooms which
are separated from all other rooms by wall, doors or partitions that
afford privacy.
D. Every plumbing fixture shall be connected to water and sewer systems
approved by the Board of Health and shall bee maintained in good working
condition.
E. Every kitchen sink, lavatory and bathtub or shower required by this
code shall be connected to both hot and cold waterlines.
F. Every dwelling shall have water heating facilities which are installed and maintained in good and safe working condition, connected with the hot waterlines required under the provisions of Subsection
E of this section and capable of delivering water at a minimum temperature of not less than 120° F.
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. At least one approved-type garbage receptacle shall be provided for each dwelling unit in accordance with §
233-12 of this chapter. Rubbish shall be stored in receptacles of metal or other approved material. At least one rubbish receptacle shall be provided for each dwelling unit in accordance with §
233-12 of this chapter.
Every building or dwelling shall comply with the following lighting
requirements:
A. Every habitable room shall have at least one window or skylight facing
directly to the outdoors. The minimum total window or skylight area
measured between stops, for every habitable room shall be 10% of the
floor area of such room. Whenever walls or other portions of structures
face a window of any habitable room and are located less than three
feet from the window and extend to a level above that of the ceiling
of the room, such window shall not be included in calculating the
required minimum total window area.
B. Every dwelling shall be provided with electric service.
C. Every habitable room shall contain at least two separate wall-type
electric convenience outlets or one such convenience outlet and one
ceiling or wall-type electric light fixture, therefore meeting the
code requirement at the time of construction. Pursuant to the National
Electrical Code, § 210.52, every bathroom and kitchen shall
have a GFI receptacle. Every such outlet and fixture shall be maintained
in good and safe condition and shall be connected to the source of
electric power. No temporary wiring shall be used except extension
cords which run directly from portable electrical fixtures to convenience
outlets, and which do not lie under rugs or other floor coverings,
nor extend through doorways, transoms or other openings through structural
elements.
[Amended 8-13-2019 by Ord. No. 20-19]
D. Every portion of each staircase, hall, cellar, basement, landing,
furnace room, utility room, and all similar nonhabitable space located
in a dwelling shall have either natural or artificial light available
at all times with an illumination of at least two lumens per square
foot. (two footcandles) in the darkest portions.
E. Every portion of any interior or exterior passageway or staircase
common to two or more families in a dwelling shall be illuminated
naturally or artificially at all times with an illumination of at
least two lumens per square foot (two footcandles) in the darkest
portion of the normally traveled stairs and passageways. In dwellings
comprising two dwelling units, such illumination shall not be required
at all times if separate switches, convenient and readily accessible
to each dwelling unit, are provided for the control of such artificial
light by the occupants thereof.
F. Every bathroom and water closet compartment shall have either natural
or artificial light available at all times with an illumination of
at least three lumens per square foot (three footcandles). Such light
shall be measured 36 inches from the floor at the center of the room.
Artificial lighting shall be controlled by a wall switch so located
as to avoid danger of electrical hazards.
Every building or dwelling shall comply with the following standards
for ventilation:
A. Means of ventilation shall be provided for every habitable room. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least 45% of the minimum window area or minimum skylight area as required in §
233-6 of this chapter or by other means acceptable to the Administrative Authority which will provide at least six air changes per hour.
B. Means of ventilation shall be provided for every bathroom or water closet compartment. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least 45% of the minimum window area or minimum skylight area as required in §
233-6 of this chapter or by other means acceptable to the Administrative Authority which will provide at least six air changes per hour.
Every dwelling shall have heating facilities which are properly
installed, maintained in good and safe working condition and are capable
of safely and adequately heating all habitable rooms, bathrooms and
water closet compartments located therein to a temperature of at least
65° F. when the outside temperature is 0° F. The temperature
shall be read at a height of three feet above floor level at the center
of the room. Every space heater, except electrical, shall be properly
vented to a chimney or duct leading to outdoors. Unvented portable
space heaters burning solid, liquid or gaseous fuels shall be prohibited.
Every dwelling, dwelling unit or lodging unit shall have safe and unobstructed means of egress. Such means of egress shall not be through any other dwelling unit or part thereof and shall lead to a safe and open space at ground level accessible to a street. A room used for sleeping purposes under the provisions of §
233-11 of this chapter shall be provided with a safe and unobstructed means of egress leading directly to an outside area accessible to a street.
Every building, dwelling, dwelling unit and premises upon which
such building, dwelling or dwelling unit is located shall comply with
the following maintenance standards, as appropriate:
A. Every foundation, floor, wall, ceiling, door, window, roof or other
part of a building 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 painted.
B. Every inside and outside stairway, every porch and every appurtenance
thereto shall be so constructed as to be safe to use and capable of
supporting the load that normal use may cause to be placed thereon
and shall be kept in sound condition and good repair. Every stairway
having three or more steps shall be properly banistered and safely
balustraded.
C. Every porch, balcony, roof and/or similar place higher than 30 inches
above the ground used for egress or for use by occupants shall be
provided with adequate railings or parapets. Such protective railings
or parapets shall be properly balustraded and be not less than three
feet in height.
D. 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.
E. Every foundation, floor and wall of a dwelling shall be free from
chronic dampness.
F. Every dwelling shall be free from rodents, vermin and insects. Rodent or vermin extermination and rodentproofing and verminproofing may be required by the Board of Health. Rodent and vermin extermination shall be carried out in accordance with §
233-12 of this chapter. Every openable window, sliding exterior door or storm door, skylight and other opening to the outdoors shall be supplied with properly fitting screens in good repair from May 1 until October 1 of each year. Such screens shall have a mesh of not less than No. 16.
[Amended 4-26-2004 by Ord. No. 18-04]
G. Every building, dwelling, dwelling unit and all other areas of the
premises shall be clean and free from garbage or rubbish and hazards
to safety. Lawns, hedges and bushes shall be kept trimmed and shall
not be permitted to become overgrown and unsightly. Fences shall be
kept in good repair.
H. The Housing Officer or his/her officers may order the owner to clean, repair, paint, whitewash or paper such walls or ceilings within a dwelling when such have deteriorated so as to provide a harborage for rodents or vermin or when such a wall or ceiling has become stained or soiled or the plaster, wallboard or other covering has become loose or badly cracked or missing. Nothing in this subsection shall be so construed as to place upon the nonresident owner responsibilities for cleanliness contained in §
233-12 of this chapter.
[Amended 8-13-2019 by Ord. No. 20-19]
I. Every water closet compartment floor and bathroom floor shall be
so constructed and maintained as to be reasonably impervious to water
so as to permit such floor to be kept in a clean condition.
Every dwelling unit shall comply with the following use and
occupancy space requirements:
A. Every dwelling unit shall contain at least 150 square feet of floor
space for the first occupant thereof and at least 100 additional square
feet of floor space for every additional occupant thereof, the floor
space to be calculated on the basis of total habitable room area.
B. In every dwelling unit of two or more rooms, every room occupied
for sleeping purposes by one occupant shall contain at least 70 square
feet of floor space and every room occupied for sleeping purposes
by more than one occupant shall contain at least 50 square feet of
floor space for each occupant thereof. Notwithstanding the foregoing,
in every lodging unit, every room occupied for sleeping purposes by
one occupant shall contain at least 80 square feet of floor space,
and every room occupied for sleeping purposes by more than one occupant
shall contain at least 60 square feet of floor space for each occupant
thereof.
C. At least 1/2 of the floor area of every habitable room shall have
a ceiling height of at least seven feet. The floor area of that part
of any room where the ceiling is less than five feet shall not be
considered as part of the floor area in computing the total floor
area of the room for the purpose of determining the maximum permissible
occupancy thereof.
D. No room in a dwelling may be used for sleeping if the floor level
of the room is lower than 3 1/2 feet below the average grade
of the ground adjacent to and within 15 feet of the exterior walls
of the room.
E. A room located below the level of the ground but with floor level
less than 3 1/2 feet below the average grade of the ground adjacent
to and within 15 feet of the exterior walls of the room may be used
for sleeping, provided that the walls and floor thereof in contact
with the earth have been damp-proofed in accordance with a method
approved by the Administrative Authority, and provided that the windows
thereof are at least 15 feet from the nearest building or wall.
The owners and occupants of buildings, dwellings and surrounding
premises 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 discontinued in any occupied dwelling let or occupied
by him, except for such temporary interruption as may be necessary
while actual repairs or alterations are in process or during temporary
emergencies when discontinuance of service is authorized by the Housing
Officer. In the event that any service or utility which the owner
has agreed to supply is discontinued, the owner shall take immediate
steps to cause the restoration of such service or utility.
B. The owner of a dwelling located in an area found by the Housing Officer
to be infested by rats, insects or other vermin shall carry out such
rat stoppage, verminproofing or other means of preventing infestations
of said dwellings as may be required by the Board of Health.
C. No owner shall occupy or let to an occupant any vacant dwelling unit
or lodging unit unless it is clean and sanitary.
D. Every owner of a dwelling containing two or more dwelling units or
lodging units shall be responsible for maintaining in a clean and
sanitary condition the common areas of the dwellings and 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 ordinances shall be done in an orderly manner so as to not constitute a health, safety or fire hazard.
F. Every occupant of a dwelling shall keep in a clean and sanitary condition
that part of the dwelling which he occupies and controls.
G. Every occupant of a dwelling unit shall dispose of all his 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 §
233-5 of this chapter.
H. Every occupant of a dwelling unit shall dispose of all his rubbish in a clean sanitary manner by placing it in the rubbish containers required by §
233-5 of this chapter.
I. In dwellings containing no more than three dwelling units, it shall
be the responsibility of the occupant of each dwelling unit to furnish
the receptacles outside the dwelling unit as are needed for the storage
of garbage and rubbish until removal from the premises. In lodging
houses and in dwellings containing four or more dwelling units, it
shall be the responsibility of the owner to furnish such receptacles
outside the lodging units or dwelling units as are needed for the
storage of garbage and rubbish until removal from the premises.
J. Every occupant of a dwelling unit in a dwelling containing no more
than three dwelling units 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.
K. Every occupant of a dwelling comprising a single dwelling unit shall
be responsible for the extermination of any insects, rodents or other
pests therein or on the premises, and every occupant of a dwelling
unit in a dwelling containing more than one dwelling unit shall be
responsible for such extermination whenever his dwelling unit is the
only one infested. Notwithstanding the foregoing provisions of this
subsection, whenever infestation is caused by failure of the owner
to maintain a dwelling in a ratproof or reasonably insectproof condition,
extermination shall be the responsibility of the owner. Whenever infestation
exists in two or more of the dwelling units, extermination thereof
shall be the responsibility of the owner.
L. Every occupant of a dwelling unit 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.
M. In dwellings containing two or more dwelling units having a common
source of heat for domestic hot water, it shall be the responsibility
of the owner to make provision for the proper operation of such facilities
at all times.
N. Every owner of a dwelling shall supply heat adequate to maintain
therein a minimum inside temperature of 65° F. in all habitable
rooms, bathrooms and water closet compartments between the hours of
6:00 a.m. and 11:00 p.m. throughout the year.
[Amended 8-13-2019 by Ord. No. 20-19]
P. The owner shall be responsible for compliance with all provisions
of this chapter not specified as the responsibility of occupants.
[Amended 4-26-2004 by Ord. No. 18-04; 8-13-2019 by Ord. No. 20-19]
There is hereby created the position of Housing Officer of the
Township. The appointee shall work under the direction of the Construction
Official within the Construction Department. The appointee may receive
compensation as determined by the Mayor and Township Council.
[Amended 8-13-2019 by Ord. No. 20-19]
The Housing Officer or his/her officers 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 investigate the dwelling conditions of the Township in order to
determine which dwellings are unfit for human habitation.
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. To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this chapter.
E. To delegate any functions and powers under this chapter to such officers
and agents as he may designate where such delegation is allowed by
law.
[Amended 8-13-2019 by Ord. No. 20-19]
The Housing Officer or his/her officers may, upon affidavit,
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 shall
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 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, observable deterioration of the
general area and the like.
In any case where the provisions of this chapter impose a higher
standard than set forth in any other ordinance or law, then the standards
as set forth herein shall prevail; but if the provisions of this section
impose a lower standard than any other ordinance or law, the higher
standard contained in such other ordinance or law shall prevail.
[Amended 4-26-2004 by Ord. No. 18-04; 8-22-2017 by Ord. No. 17-17; 8-13-2019 by Ord. No. 20-19; 7-28-2020 by Ord. No. 11-20]
No single-family dwelling or individual unit of a multifamily
dwelling, shall be occupied by the vendee after such sale until a
certificate of occupancy has been secured from the Housing Officer.
Prior to the conveyance of said dwelling or individual unit, the current
owner shall submit an application to the Housing Officer for the certificate
of occupancy and schedule the required inspections. In the event the
contract entered into between the parties conveys the responsibility
to obtain said certificate of occupancy on the purchaser, the purchaser
shall be responsible to submit such application and schedule the required
inspections prior to the sale being completed. In those instances
where property was purchased through a foreclosure sale, bank sale
or by any other means such as inheritance, the subsequent owner thereof
shall submit an application to the Housing Officer within 15 business
days from the date of sale or conveyance and schedule an inspection
thereon. In any event, no such single-family dwelling or individual
unit of a multifamily dwelling may be occupied without obtaining a
certificate of occupancy prior to occupancy.
A. Procedures.
(1) Application must first be made to the Housing Officer of the Township
of Jackson on a form to be provided for a certificate of occupancy
or transfer of property. Inspection shall be made to determine whether
there are any violations of this or any other applicable ordinance
of the Township of Jackson. If no such violation is found, a certificate
of occupancy shall be issued; otherwise, the owner shall be notified,
in writing, of any such violations found and same must be abated prior
to occupancy.
(2) The aforesaid inspection shall be made and either a certificate of
occupancy or a notice of violation shall be issued within 10 business
days from the date of application for a certificate of occupancy.
If no such inspection is accomplished within the aforesaid ten-business-day
period, the dwelling may be occupied but subject to the right of the
Township to cause said dwelling to be inspected and, if a violation
is found, to cause said premises to be vacated within 10 days'
notice thereof.
B. Standards.
(1) No certificate of occupancy shall be reissued for any single-family
dwelling or for any individual unit of a multifamily dwelling that
is not fit for human habitation, occupancy or use and in full compliance
with this chapter or any other ordinance of the Township of Jackson
relating to building, health, safety or general welfare, and no certificate
of occupancy shall reissue if there are found on the premises defects
causing the hazard of fire, accident or other calamities, lack of
adequate ventilation, lack of adequate light or sanitary facilities,
dilapidation, disrepair or structural defects or uncleanliness so
as to tend to cause or spread disease or harbor insects, rodents or
vermin.
(2) The following specific standards shall apply when an inspection is
being made for the issuance of a certificate of occupancy:
(a)
The stairways and platforms constituting the entrance to the
dwelling or structure shall be of sturdy construction and shall have
stairway guards and handrails designed to withstand an applied load
of 200 pounds in any direction at any given point. The stairways shall
be free of obstructions and debris.
(b)
Interior floors, walls and ceilings shall be clean and free
of cracks, holes or crevices, and any windows shall operate properly
and shall be free of any cracks or broken glass.
(c)
Plumbing fixtures in the kitchen and bathroom shall be structurally
sound and shall be sealed so as to prevent the leaking of moisture.
Every bath and toilet room shall be lighted and ventilated in accordance
with the provisions of the code most recently adopted by the Township's
Building Department in accordance with the Department of Community
Affairs, Uniform Construction Code.
(d)
Fire doors shall be required where a garage area for the storage
of a motor vehicle is attached to a residential dwelling or dwellings
and shall meet N.J.S.A. 52:27D-119, FTO-13. The door between the garage
and the adjacent space shall be a minimum of 1 3/8-inch solid
core wood, or 1 3/8-inch solid or honeycomb steel. There is no
requirement for the door to be provided with a labeled jamb or with
a door closer; in addition, overhead garage doors shall be in proper
operating condition and shall be properly strung or counterbalanced
so as to permit their being opened by a lifting force of 50 pounds
or less.
(e)
Heating ducts shall be properly installed and shall be tight-fitting
with no cracks or openings. Chimney and vents used in connection with
heating systems shall comply with the provisions of the code most
recently adopted by the Township's Building Department in accordance
with the Department of Community Affairs, Uniform Construction Code.
All heating systems shall have an emergency on-off switch in a readily
accessible location.
(f)
Basements or cellars.
[1]
Basements and cellars shall have structurally sound stairways with railings meeting the requirements of Subsection
B(2)(a) above.
[2]
Basements and cellars should be free of standing water or water
leaks or cracks in the foundation or flooring. All pipes for the electrical,
heating or plumbing systems shall be properly supported and free of
breaks, cracks or other defects. Structural girders and floor joists
shall be structurally sound.
(g)
The premises shall be in a clean and sanitary condition, free of debris, junk cars or other violations of the Township of Jackson. In addition, a certificate as required by §
469-8 of the Jackson Code shall be obtained from the Board of Health.
(h)
Smoke detectors shall be installed within every building, dwelling
and dwelling unit, on each level and within 10 feet of every bedroom.
Battery-operated devices are permitted within buildings, dwellings
and dwelling units constructed prior to the adoption of the code requiring
electrical devices.
(i)
Carbon monoxide detectors shall be installed in the immediate
vicinity of all sleeping rooms within every building, dwelling and
dwelling unit that contain fuel-burning appliances or have attached
garages.
C. Each residential single-family, two-family and multiple-dwelling
unit shall have installed in each individual dwelling unit and shall
meet the required standard for detection at the time the dwelling
unit was constructed or, minimum of one approved smoke detector installed
on each level and within 10 feet of each bedroom in a manner and location
approved by the Housing Officer or his/her officers. When actuated,
the detector shall provide an alarm suitable to warn the occupants
within the dwelling unit.
D. The fee for the issuance of a certificate of occupancy applicable
to the rental of an existing single-family dwelling shall be $100;
the fee for issuance of a certificate of occupancy applicable to the
rental of an individual unit to an existing multifamily dwelling shall
be $100, which covers the initial inspection and first reinspection.
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction, be punished by
a fine not to exceed $500 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.