[1997 Code § 266-1]
There shall be three copies on file in the office of the City Clerk of the City of Absecon City, marked and designated as the "BOCA National Property Maintenance Code, Third Edition, 1990," as published by the Building Officials and Code Administrators International, Inc., which be and is hereby adopted as the Property Maintenance Code of the City of Absecon City, State of New Jersey, for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of the BOCA National Property Maintenance Code are hereby referred to, adopted and made part hereof as if fully set out in this chapter, as amended in Section
266-2.
[1997 Code § 266-2]
The BOCA National Property Maintenance Code is amended and revised
as follows:
A. Section PM-100.1 Title. This section shall be changed
to read: "These regulations shall be known as the "Property Maintenance
Code of the City of Absecon City," hereinafter referred to as "this
code."
B. Section PM-108.6 Hearing. This section shall be changed
to read: "Any person ordered to take emergency measures shall comply
with such order forthwith. Any affected person shall thereafter, upon
petition directed to the Code Official, be afforded a hearing as described
in this code."
C. Section PM-109.2 Penalty. This section shall be changed
to read: "Any person, firm or corporation who or which shall violate
any provision of this code shall, upon conviction thereof, be subject
to a fine of not more than $1,000 and/or imprisonment of not more
than 30 days or both. Each day that a violation continues after due
notice has been served in accordance with the terms and provisions
hereof shall be deemed a separate offense."
D. Section PM-111.1 Petition. This section shall be changed
to read: "Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this Code,
or of any rule or regulation adopted pursuant thereto, shall have
the right to request and shall be granted a hearing on the matter
before the Code Official, provided that such person shall file, in
the office of the Code Official, a written petition requesting such
a hearing and containing a statement of the grounds therefor within
10 business days after the day the notice was served."
E. Section PM-111.2 Appeals Board. This section shall be
deleted in its entirety.
F. Section PM-111.3 Records. This section shall be changed
to read: "The Code Official shall keep a record of each meeting so
that the record shows clearly the decision made by the Code Official."
G. Section PM-201.0 Applied meaning of words and terms. Added to the definition of the term "Code Official" shall be: "The
Construction Official for the City of Absecon City shall be the Code
Official."
H. Section PM-302.12 Insect screens. This section shall
be changed to read: "Every door, window and other outside opening
used or required for ventilation purposes serving any building containing
habitable rooms, food preparation areas, food service areas or any
areas where products used in food for human consumption are processed,
manufactured, packaged or stored shall be supplied with approved tight-fitting
screens of not less than 16 mesh per inch, and every swinging door
shall have a self-closing device in good working condition."
I. Section PM-601.1 Residential buildings. This section
shall be changed to read: "Every dwelling shall be provided with heating
facilities capable of maintaining a room temperature of 65° F.
(18° C.) at a level of three feet (914 millimeters) above the
floor and a distance of three feet from the exterior walls in all
habitable rooms, bathrooms and toilet rooms based on the outside design
temperature required for the locality by the mechanical code listed
in Appendix A.
"Every owner and operator of any building who rents, leases
or lets one or more dwelling units, rooming units or dormitory or
guest rooms on terms, either expressed or implied, to furnish heat
to the occupants thereof shall supply sufficient heat to maintain
a room temperature of not less than 65° F. (18° C.) in all
habitable rooms, bathrooms and toilet rooms during the hours between
6:30 a.m. and 10:30 p.m. of each day and not less than 60° F.
(16° C.) during other hours. The temperature shall be measured
at a point three feet (914 millimeters) above the floor and three
feet (914 millimeters) from the exterior walls. When the outdoor temperature
is below the outdoor design temperature required for the locality
by the mechanical code listed in Appendix A, the owner or operator
shall not be required to maintain the minimum room temperatures, provided
that the heating system is operating at full capacity, with supply
valves and dampers in a full open position."
J. Section PM-601.2 Nonresidential structures. This section
shall be changed to read: "Every enclosed occupied work space shall
be supplied with sufficient heat to maintain a temperature of not
less than 65° F. (18° C.) during all working hours. The temperature
shall be measured at a point three feet (914 millimeters) above the
floor and three feet from the exterior walls.
Exceptions:
(1) Processing, storage and operation areas that require cooling or special
temperature conditions.
(2) Areas in which persons are primarily engaged in vigorous physical
activity."
[1997 Code § 266-3]
The responsibility for the enforcement of this code shall be
with the Construction Official and designated members of the Building
Department.
[1997 Code § 266-4]
Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court or any rights acquired or liability incurred or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in Section
266-2 of this chapter, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
[Ord. No. 08-2010]
No monument, statue, permanent memorial or wall mural may be
altered or removed or moved without the expressed and prior approval
of the City Council of the City of Absecon.