A.
ACCESSORY STRUCTURE
AREA INSPECTION
BASEMENT
BATHROOM
BOARDINGHOUSE (CLASS A)
BOARDINGHOUSE (CLASS B)
BUILDING
BUILDING CODE
CELLAR
CENTRAL HEATING SYSTEM
COMMUNITY KITCHEN
DETERIORATION
DIRECTOR
DISABLED PERSON
DWELLING
DWELLING UNIT
EMANCIPATED MINOR
ESTABLISHMENT SUBJECT TO LICENSING
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
EXTERMINATION
FAMILY
FIRE CHIEF
FIRE HAZARD
FLOOR AREA, SUPERFICIAL
GARBAGE
GROSS FLOOR AREA
HABITABILITY
HABITABLE ROOM
HEALTH OFFICER
HOTEL
HOUSING INSPECTORS
IMMEDIATE FAMILY
INCIDENTAL COOKING
INDEPENDENT ROOMING UNIT
INFESTATION
KITCHEN
LODGING HOUSE
MIXED OCCUPANCY
NET FLOOR AREA
(1)
(2)
(3)
(4)
(5)
NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
NURSING HOME
OCCUPANT
OPERATOR
OWNER
PARTIES IN INTEREST
PERSON REQUIRING SPECIAL CARE
PLUMBING
PREMISES
PUBLIC AUTHORITY
PUBLIC OFFICER
REFUSE
REGISTERED MAIL
ROOM
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SANITARY SEWER
SEWAGE
SINGLE-FAMILY DWELLING
STORY
STRUCTURE
SUPERFICIAL FLOOR AREA
VENTILATION
VENTILATION, MECHANICAL
VENTILATION, NATURAL
WASHROOMS
WATER CLOSET COMPARTMENT
WEATHERING
Definitions. The following terms wherever used or referred to in
this code shall have the respective meanings assigned to them unless
a different meaning clearly appears from the context:
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
A systematic inspection of more than one (1) premises in
close geographic proximity within an area designated in the city for
concentrated area code enforcement in order to implement urban renewal,
property conservation or other programs for neighborhood maintenance
or improvement adopted by the city.
The portion of the building that is partly underground which
has more than one-half (1/2) of its height, measured from clear floor
to ceiling, above the average adjoining ground level. Where the natural
contour of the ground level immediately adjacent to the building is
interrupted by ditching, pits or trenching, then the average adjoining
ground level shall be the nearest natural contour line parallel to
the walls of the building without regard to the levels created by
the ditching, pits or trenching.
Enclosed space containing one (1) or more bathtubs, showers,
or both, and which shall also include toilets, lavatories or fixtures
serving similar purposes.
Any dwelling, whether furnished or unfurnished, with one
(1) or more independent rooming units in which there are sleeping
accommodations occupied or available for occupancy by three (3) or
more persons and where meals are regularly served by the owner or
operator of the building and where there is no agreement between operator
and occupant to assist in bathing or dressing or providing other type
of supervision and, by reason of the same, the accommodations are
not suited for occupancy by disabled persons or persons requiring
special care, except that hotels as defined by N.J.S.A. 29:1-11 containing
fifteen (15) or more rooms or accommodating thirty (30) or more persons
shall be excluded therefrom.
Any dwelling, whether furnished or unfurnished, with one
(1) or more independent rooming units in which there are sleeping
accommodations occupied or available for occupancy by one (1) or more
adult persons and where meals are regularly served by the owner or
operator to the occupants and where, by reason of the needs of the
occupants, there is provided assistance in bathing or dressing or
providing other type of supervision to assure safety at all times
to all of the occupants, and thereby occupancy is suited to persons
requiring special care, but not for disabled persons. Where not more
than two (2) disabled persons, or persons requiring special care,
live with persons to whom they are related by blood or marriage as
part of a common household, the dwelling unit in which they reside
shall not be a "boardinghouse (Class B)" pursuant to this definition.
Any building or structure or part thereof having a permanent
location, whether used for human habitation or otherwise, including
outhouses and appurtenances belonging thereto or usually enjoyed therewith.
The Building Code of the City of Orange.[1]
The lowermost portion of the building partly or totally underground,
having one-half (1/2) or more of its height measured from clear floor
to ceiling below the average adjoining ground level. Where the natural
contour of the ground level immediately adjacent to the building is
interrupted by ditching, pits or trenching, then the average adjoining
ground level shall be the nearest natural contour line parallel to
the walls of the building without regard to the levels created by
the ditching, pits or trenching.
A heating system in a fire-resistant enclosed space or spaces,
separate and apart from the area to be heated, which system is permanently
affixed on a fireproof base and connected by breaching to a stack
in accordance with Sections B-711 to B-730 of the Building Code.[2] Direct electric or gas heating systems without the use
of a boiler, serving all dwelling units in a structure, are exempt
from the above requirements.
A kitchen facility shared by occupants of one (1) or more
rooming units or dwelling units.
The condition or appearance of a building or part thereof,
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, lack of maintenance
or excessive use.
The Director of the Building Inspections and Code Enforcement
Department.
Any person who by reason of his or her physical or mental
condition is not sufficiently ambulatory or otherwise by reason of
physical or mental incapability to reach or use the two (2) means
of egress most accessible to his or her living quarters without assistance
and with reasonable facility or who is unable to attend to his or
her daily personal and bodily needs.
Any structure designed for use by human occupants for sleeping
and living purposes, whether occupied or vacant, except that the foregoing
shall not apply to hotels as defined in N.J.S.A. 29:1-11.
Any room or group of rooms located within a dwelling forming
a single habitable unit, which includes facilities for living, sleeping,
cooking and eating.
Any person under the age of eighteen (18) who is gainfully
employed and self-supporting or who is married to a spouse who is
gainfully employed and who supports the minor, or who is a student
living away from home and is in regular attendance at an institution
of higher learning.
[Amended 5-18-1982 by Ord. No. 16-82]
Any lodging house, boardinghouse or nursing home which is
required to be licensed pursuant to this code.
Any premises or part thereof, or any building or part thereof,
which may be lawfully viewed by the public or any member thereof from
a sidewalk, street, alleyway, licensed open air parking lot or from
any adjoining or neighboring premises.
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
The control and elimination of insects, rodents and vermin
by eliminating their harborage places, by removing or making inaccessible
material that may serve as their food, by poisoning, spraying, fumigating,
trapping or by other approved means of pest elimination.
See "immediate family."
The Fire Chief of the City of Orange.
Any thing or any act which increases or may cause an increase
of the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service of preventing,
suppressing or extinguishing fires or which may obstruct, delay or
hinder or may become the cause of an obstruction, a delay, a hazard
or a hindrance to the prevention, suppression or extinguishment of
fires. (Also see "nuisance.")
The net floor area within the enclosing walls of the room,
excluding built-in equipment such as wardrobes, cabinets, closets,
kitchen units or fixtures which are not readily removable and excluding
the floor area where the floor-to-ceiling height is less than seven
(7) feet.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food. (See also
"refuse and rubbish.")
The total area within a dwelling unit or rooming unit available
and accessible to the occupants thereof for all purposes associated
with living in the unit.
A state of being fit for human life in compliance with and
in conformity with the provisions of this chapter.
[Added 12-5-72 by Ord. No. 105-72]
Any room in a dwelling unit constituting all or part of a
rooming unit having a gross floor area of fifty (50) square feet or
more.
The Health Officer of the City of Orange.
Any building kept, used, maintained, advertised as or held
out to be a place where sleeping accommodations are supplied for pay
to transient or permanent guests in which fifteen (15) or more rooms
are rented, furnished or unfurnished, including any room found to
be arranged or used for sleeping purposes, with or without meals,
for the accommodation of such guests, or every building or part thereof
which is rented for hire to thirty (30) or more persons for sleeping
accommodations. There shall not be included rooms which are physically
a part of a self-contained and enclosed dwelling unit. This definition
shall not be construed to include any building defined as a tenement
house pursuant to Title 55 of the Revised Statutes of New Jersey,[3] or any amendments now or hereafter enacted thereto.
All officials, officers or employees of the City of Orange
entrusted with the enforcement of this code.
The head of the family, spouse, the parents and children,
including adopted children, of either the head of the family or spouse.
There shall be a rebuttable presumption that three (3) or more persons
occupying any dwelling unit or rooming unit are not related to one
another so that any two (2) or more shall be members of an "immediate
family," and the burden of proving such relationship shall be on the
person or persons asserting it.
Cooking facilities containing no more than two (2) plates
or burners not exceeding six (6) inches in diameter.
A rooming unit in other than a single-family dwelling which
opens directly to the exterior of the premises by way of a common
hallway, common areaway or common stairway or door to the exterior
of the premises without passing through any other rooming unit or
dwelling unit.
The presence of insects, rodents, vermin or other pests on
the premises which constitutes a health hazard.
Any room or part thereof used for cooking or the preparation
of food.
Any dwelling, whether furnished or unfurnished, in which
there are one (1) or more independent rooming units where there are
sleeping accommodations for occupancy or available for occupancy by
three (3) or more persons and where there is no agreement between
the operator and any occupant for feeding, personal care or special
supervision or attention, except that hotels as defined by N.J.S.A.
29:1-11 containing fifteen (15) or more rooms or accommodating thirty
(30) or more persons shall be excluded therefrom.
Any building containing one (1) or more dwelling units or
rooming units and also having a portion thereof devoted to nondwelling
uses or as a hotel.
The "net floor area" within the dwelling unit or rooming
unit, as the case may be, shall be computed by deducting from the
gross floor area the following:
Built-in equipment, wardrobes and closets, bathrooms, water
closet compartments, laundries, serving and storage pantries, cellars,
heating rooms, boiler rooms, utility rooms, kitchens, kitchenettes
and areas utilized for cooking purposes.
Other rooms or spaces that are not used frequently and regularly
for living purposes.
Such parts thereof as are used exclusively as hallways or corridors,
entrance foyers or vestibules, or where part of a larger area so much
thereof as is required to provide a means of passage, three (3) feet
in width, through the room or foyer immediately adjoining from any
point of ingress from the exterior of the dwelling unit to any exit
from such room or foyer.
Such part of any room where the floor-to-ceiling height is less
than seven (7) feet.
Any public nuisance known at common law or in equity jurisprudence
or as provided by the statutes of the State of New Jersey or the ordinances
of the City of Orange.
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building, on the premises of a
building or upon an unoccupied lot. This includes, but is not limited
to, abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, any structurally unsound fences or
structures, lumber, trash, fences, debris or vegetation, such as poison
ivy, oak or sumac, which may provide a hazard for inquisitive minors.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist.
Overcrowding of a room with occupants in violation of this code.
Insufficient ventilation or illumination in violation of this
code.
Inadequate or unsanitary sewage or plumbing facilities in violation
of this code.
Unsanitary conditions or anything offensive to the senses or
dangerous to health in violation of this code.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Any building in which two (2) or more disabled persons are
housed for purposes of care, special attention, treatment or supervision
and are housed for such purposes overnight or longer, but dwellings
where not more than two (2) disabled persons live with members of
their families to whom they are related by blood or marriage shall
be excluded therefrom.
Any person living, sleeping or having actual possession of
a dwelling unit or rooming unit.
Any person who has charge, care or control of a dwelling
or premises, or part thereof, whether with or without the knowledge
and consent of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises with or without
accompanying actual possession thereof; or who shall have charge,
care or control of any dwelling or dwelling unit, as owner or agent
of the owner, or as fiduciary, including but not limited to executor,
executrix, administrator, administratrix, trustee, receiver or guardian
of the estate, or as a mortgagee in possession, regardless of how
such possession was obtained. Any person who is a lessee subletting
or reassigning any part or all of any dwelling or dwelling unit shall
be deemed to be a co-owner with the lessor and shall have joint responsibility
over the portion of the premises sublet or assigned by the lessee.
All individuals, associations or corporations who or which
have interests of record in any premises or are in actual possession
thereof.
Any person who does not suffer from such physical or mental
incapacity as to be classified as a disabled person, but by reason
of physical or mental limitations or advanced years does require a
limited degree of care and attention to assure personal safety at
all times.
All the following supplies, facilities and equipment: gas
pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes-washing machines, catch
basins, vents and any other similar supplied fixtures, together with
all connections to water-, sewer or gas lines, and water pipes and
-lines utilized in conjunction with air-conditioning equipment.
A vacant or improved lot, plot or parcel of land, including
the buildings or structures thereon.
The housing authority of the City of Orange or any officer
in charge of any department of the City of Orange, County of Essex
or State of New Jersey, relating to health, fire and building regulations,
or to other activities concerning buildings in the City of Orange.
The person designated and appointed under § 156-65 of this code.
All putrescible and nonputrescible solid wastes, except body
wastes, including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes. (See also "garbage" and "rubbish.")
Registered mail or certified mail.
Space in an enclosed building, or space set apart by a partition
or partitions, and any space in a building used or intended to be
used as a bedroom, dining room, living room, kitchen, sewing room,
library, den, music room, dressing room, enclosed sleeping porch,
sun room, party room, recreation room, breakfast room, study, storage
room and similar uses.
See "lodging house" and "boardinghouse."
Any room or group of rooms forming a single habitable unit
other than a dwelling unit which is rented or available for rent for
sleeping purposes, with or without cooking facilities.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, tin
cans, yard clippings, leaves, wood, glass, bedding, crockery and similar
materials. (See also "garbage" and "refuse.")
Any sanitary sewer owned, operated and maintained by the
City of Orange and available for public use for the disposal of sewage.
Waste from a flush toilet, bathtub, sink, lavatory, dishwashing
or laundry machine, or the water-carried waste from any other fixture
or equipment or machine.
A building designed for or occupied exclusively by one (1)
family, and in no case permitting more than two (2) roomers or boarders.
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished ceiling level directly above a basement
or cellar is more than six (6) feet above grade, such basement or
cellar shall be considered a "story."
A combination of any materials, whether fixed or portable,
forming a construction, including buildings.
See "floor area, superficial."
Supply and removal of air to and from any space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks, with or without wind-driven devices.
Enclosed space containing one (1) or more bathtubs, showers,
or both, and which shall also include toilets, lavatories or fixtures
serving similar purposes.
Enclosed space containing one (1) or more toilets which may
also contain one (1) or more lavatories, urinals and other plumbing
fixtures.
Deterioration, decay or damage caused by exposure to the
elements.
B.
Word usage. Whenever the words "accessory structure," "boardinghouse,"
"building," "dwelling," "dwelling unit," "establishment subject to
licensing," "habitable room," "independent rooming unit," "lodging
house," "nursing home," "premises," "room," "rooming unit" or "structure"
are used in this code, they shall be construed, unless expressly stated
to the contrary, to include the plurals of these words and as if they
were followed by the words "or any part thereof." The word shall be
applied retroactively as well as prospectively.
