[Adopted by Ord. No. 1930-07]
A.
Residential (single family). Prior to any sale, rental or other transfer
of any single-family residential real estate, or part thereof, to
another, the owner shall apply for and obtain a Certificate of Inspection,
as provided for herein, issued by the Fire Official or his or her
designee.
B.
Residential (rental). Prior to any sale, rental or other transfer
of any rented single-family residential real estate, or part thereof,
to another, the owner shall apply for and obtain a Certificate of
Inspection, as provided for herein, issued by the Fire Official or
his or her designee.
C.
Residential (less than three units). Prior to any sale, rental or
other transfer of any residential real estate containing less than
three units, or part thereof, to another, the owner shall apply for
and obtain a Certificate of Inspection, as provided for herein, issued
by the Fire Official or his or her designee.
D.
Nonresidential. Prior to any sale, rental or other transfer of any
nonresidential real estate, or part thereof, to another, the owner
shall apply for and obtain a Certificate of Inspection, as provided
for herein, issued by the Fire Official or his or her designee.
A.
The owner of real estate, set forth above, shall apply for the issuance
of a Certificate of Inspection on forms to be provided by the Fire
Official. The application shall at least contain the name of the owner
and the name of the person signing the notice and the relationship
to the owner; shall describe the property or portion thereof to be
transferred by street address or in such other manner as may reasonably
be required by the Fire Official and shall be accompanied by the fee
set forth by ordinance.
(1)
Within 15 working days of receipt of the application and fee, the
Fire Official shall make an inspection and issue a written Inspection
Certificate, in duplicate, stating (a) that an inspection of the premises
has been made, specifying any violations of any applicable ordinance
statute or code relating to the premises, including the BOCA National
Property Maintenance Code as adopted or (b) if there are no such violations,
stating that there are none, or (c) that an inspection is not required
because of the provisions below.
(2)
Each certificate shall be dated and the Fire Official shall retain
a duplicate copy.
(3)
If the inspection is not conducted within the time specified above,
the owner shall be under no further obligation.
(4)
By such inspection the Township of Lawrence, its agents, servants,
employees or officers, does not guarantee quality or soundness of
any property or structure and it is not and will not be liable for
any act or omission in connection with an inspection or failure to
inspect, nor is the Township, its agents, servants, employees or officers,
in any way involved in any contractual relationship between owners,
tenants and/or purchasers. Such inspections are conducted only to
determine compliance with established codes as may be ascertained
by reasonable observation.
(5)
This section shall not be construed to prohibit a transfer of property;
but shall be construed to prohibit occupancy without the issuance
of a Certificate of Inspection which is otherwise exempt as provided
in this section.
B.
If an inspection has been made and a Certificate of Inspection issued
within one year prior to the date of receipt of the completed application,
or if a Certificate of Inspection has been issued for the premises
within one year prior to the date of receipt of such completed application,
the Fire Official may, but is not required to, make an inspection.
C.
If a property transfers between a parent and child, or spouse, a
Certificate of Inspection is not required.
D.
Prior to completing the sale, rental or other transfer, the owner
shall inform any transferee(s) of any violations reported by the Fire
Official, and shall give the transferee(s) a copy of the Certificate
of Inspection.
(1)
All violations shall be corrected prior to completing the sale, rental
or other transfer, except as otherwise provided for in this section.
(2)
Failure of the owner to comply with this provision does not relieve
the transferee(s) from the obligations imposed by this section, or
any of the relevant statues, ordinances or Codes.
(3)
The buyer of any residential property for sale under this section
can accept responsibility for outstanding violations. The buyer cannot,
though, inhabit the property if any violations are of a life and safety
nature. Otherwise, with minor violations, the Fire Official can permit
the buyer to occupy the property. A buyer will have 45 days to complete
all repairs before a Certificate of Inspection is issued.
F.
Upon correction of all violations noted in the Inspection Certificate,
the Fire Official shall issue a new Certificate of Inspection.
G.
Exceptions.
(1)
No inspection under this section shall be required in the case of
the sale, rental or other transfer of unimproved real estate.
(2)
Where no immediate occupancy is contemplated in a residential property
transfer, an inspection under this section shall not be required,
however, prior to residential occupancy, an inspection under this
section or as required by the New Jersey Uniform Construction Code
shall be conducted.
(3)
Any nonresidential property for which a Certificate of Occupancy
is required under the New Jersey Uniform Construction Code prior to
occupancy shall be exempt from this section.
H.
Any owner who desires to appeal from a Certificate of Inspection
may file an appeal pursuant to the BOCA National Property Maintenance
Code.
A.
In addition to the inspections provided for above, the Fire Official
shall make or provide for periodic inspections, at least annually,
of all structures and premises used for multiple dwelling purposes,
such as apartments, motels, hotels and rental cottages. Any violation
of any applicable statute, code or ordinance shall be remedied and
such penalties shall be imposed as are provided by the applicable
statute, code or ordinance, The Fire Official shall issue a Certificate
of Inspection specifying such violations if any, and upon request
of the owner shall issue a further Certificate of Inspection indicating
that the specified violations have been remedied.
B.
Nothing in this section is intended to limit or restrict the application
of the provisions of the Hotel and Multiple Dwelling Act of the State
of New Jersey, as from time to time amended, to the extent that Act
supersedes the provisions of this section or any ordinances, regulations
or codes now or hereafter adopted by the Township of Lawrence.
