[Amended 12-9-1975 by Ord. No. 62-75; 11-15-1976 by Ord. No. 25-76]
A. 
License required. No person, firm or corporation shall manage, conduct or operate the business of keeping a lodging house, boardinghouse or nursing home referred to hereunder as "establishments subject to licensing" without first securing a license therefor within the time and manner provided, nor shall any owner permit on premises owned by him the operation of such an establishment without a license.
B. 
No license shall be issued a person, firm or corporation to manage, conduct, carry on or operate the business of keeping a boardinghouse (Class A), boardinghouse (Class B) and/or lodging house as defined in § 156-4, unless the owner thereof resides on the premises, except that an owner-occupied boardinghouse (Class A,) boardinghouse (Class B) and/or lodging house having an adjacent building used as a boardinghouse and/or lodging house as defined herein will be permitted a license for the owner-occupied boarding- and/or lodging house and one (1) adjacent building only used as a boarding- and/or lodging house.
The application for a license as required herein shall be made in duplicate to the City Clerk on forms prescribed by the Public Officer, which forms shall require information concerning occupancy standards, including the number of rooms to be used for sleeping, the maximum number of persons which each room in the establishment itself can accommodate, the location of all such rooms, types and location of bathrooms, exits and other facilities, and names and addresses of all persons who will actually be in charge of the management or conduct of the establishment, and whether such establishment is equipped to accommodate persons who are disabled or persons who require special care, and such further data as may be required for the enforcement of this code. All applications shall be accompanied by the required fees. Where the applicant seeks a license for an establishment based on a claim that the same constitutes a lawful nonconforming use, the applicant shall state in the application the names and addresses of the owner and operator of the premises of the date when the use, by reason of the zone change or variance, first became nonconforming, and the number of rooms and number of roomers as of that date. The application shall be signed by the owner as well as the operator and shall contain a certification of the truth of the information contained therein by both owner and operator. Any false information shall constitute a violation of this code and, in addition, grounds for revocation of any license approved pursuant thereto. Any false information rendered knowingly and intentionally may, upon complaint of the Public Officer, subject the party rendering it to criminal prosecution.
[Amended 5-18-1982 by Ord. No. 16-82]
The license fee shall be due and payable as of January 1 of each year. The license fee as of January 1, 1969, and thereafter shall be as provided in Chapter 88, Fees, for the following classifications:
A. 
Lodging house.
B. 
Boardinghouse (Class A).
C. 
Boardinghouse (Class B).
D. 
Nursing home.
Upon filing of an application, the City Clerk shall transmit one (1) copy to the Public Officer. The original shall be kept on file at all times in the City Clerk's office. Inspection of the premises for compliance with this code, other ordinances of the City of Orange or laws of the State of New Jersey shall be conducted in accordance with the regulations of the Public Officer. The Public Officer shall obtain approval of the Fire Director, Building Inspector, Health Officer and Police Director for each application before submitting his approval of the application to the City Clerk. Upon completion of his inspections, if the Public Officer shall determine and certify to the City Clerk that the premises are in compliance, the license shall be issued forthwith; provided, however, that if action of the Board of Adjustment is required under the Zoning Ordinance, no license shall be issued except in accordance with the provisions of the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 210, Zoning and Land Development.
Notwithstanding the provisions of § 156-47 above, the Public Officer may refuse to certify the application for a license where the operator or any person or persons who shall be in active management of the premises are unfit to perform the duties thereof by reason of a record of convictions of a crime or offense involving moral turpitude, gambling or prostitution, alcoholism, illegal possession or use of drugs or narcotics, be a known carrier of a communicable disease, or otherwise physically or mentally unfit or unsuited by similar or equivalent circumstances for active management of the premises.
[Amended 5-18-1982 by Ord. No. 16-82]
If the Public Officer determines that the applicant has failed to meet the requirements of this code, the requirements of the Department of Health or of any other ordinance of the City of Orange or laws of the State of New Jersey, or that the applicant is unqualified pursuant to § 156-48 above, or upon any suspension, revocation or failure to renew a license, the Public Officer shall send a written notice to the applicant setting forth his reasons therefor. The applicant may thereupon correct any violation and apply for reinspection upon the payment of the reinspection fee provided in Chapter 88, Fees, or submit a written request for a hearing to the Public Officer, in which request the applicant shall state the facts on which he will base his contention that the Public Officer's determination was in error. The Public Officer shall, within thirty (30) days from the receipt thereof, provide a hearing upon a minimum of five (5) days' notice to the applicant and render a decision thereon within ten (10) days thereafter. Where the violation is of a regulation of the Health Department, the hearing shall be before the Health Officer. The Public Officer (or, where applicable, the Health Officer) may in such decision affirm or reverse a previous determination or modify his determination and agree to approve the application or terminate the suspension or revocation upon compliance with specified conditions.
Upon determining that the premises are in violation of this code, regulations of the Health and Welfare Department, or any other ordinances of the City of Orange or the laws of the State of New Jersey, at any time after a license is issued, the Public Officer shall require correction of the violation within ten (10) days by notice in writing to the owner and operator. Upon failure to correct the violation within the time prescribed, the owner and operator shall be liable for the penalties prescribed in § 156-95 for violations of this code. In addition thereto, the Public Officer may temporarily suspend or conditionally refuse to renew the license issued for the premises for failure to correct the violations as aforesaid; provided, however, that if the owner or operator requests a hearing, no such suspension shall be effective until after a hearing and determination pursuant to § 156-49, which determination shall state reasonable terms and conditions upon which the suspension shall terminate or renewal shall be granted. Where there has been a violation or conviction within one (1) year from the date of service of notice of violation and the violation is repeated or remains unabated, resulting in a second notice of violation or conviction thereof in the Municipal Court, the Public Officer may thereafter permanently revoke the license or refuse renewal thereof without conditions or terms. Where the provision has been violated within the province of the Health and Welfare Department, the Health Officer shall be substituted for the Public Officer hereunder.
Any license issued hereunder shall cover only the number of occupants and that part of the premises described in the application therefor. Any increase in rooming units or in the number of roomers to be accommodated or of the part of the premises utilized as a lodging house or other structural changes affecting the date contained in the application or change in the person or persons actually in charge of operating or maintaining the premises shall require the submission and filing of an amended application containing the additional information as required by the Public Officer.
The license issued hereunder shall be nontransferable, and no person other than the licensee shall operate or be permitted by the owner to operate the licensed premises. Where there is to be a change of ownership or operation, application shall be made for a new license.
The applicant shall not be entitled to any refunds of any fees paid hereunder by reason of the rejection of any application, the suspension or revocation of any license or transfer of ownership or operation of premises prior to the termination of the license period.
The licensee shall display the license in the vestibule, front hallway or other prominent and public place at or near the front entrance of the building during the entire period for which the license was issued.
The issuance of a license shall constitute a certification that as of the date of issuance the premises comply with this code, but shall not be construed to constitute a certification that the premises comply with any other city ordinance or any state law, nor shall it relieve any other official or public agency from enforcing any applicable ordinance or law.
A. 
Register book required; false registration prohibited. All such establishments subject to licensing shall keep a register in which there shall be set forth in ink the name and last permanent address and signature of each occupant, the number of the room to be occupied by each occupant and the name and address of any person or persons to be notified in case of emergency. The register shall be available at all times to the authorized representative of the Public Officer, Police Chief and Fire Chief of the city. Registration in a false name is prohibited. Beside each registration a notation shall be made to indicate which occupant is a disabled person or person requiring special care.
B. 
Occupancy limitations.
(1) 
Lodging houses and boardinghouses (Class A). Occupancy by disabled persons or persons requiring special care in lodging houses and boardinghouses (Class A) is hereby prohibited.
(2) 
Boardinghouses (Class B). Occupancy by persons requiring special care is allowed, but occupancy by disabled persons in boardinghouses (Class B) is hereby prohibited.
(3) 
Right of Public Officer or Health Officer to ascertain physical or mental limitations of occupants. Where the Public Officer or the Health Officer has reason to believe that an occupant of an establishment subject to licensing either requires special care or is disabled, the officer may require that the person produce within forty-eight (48) hours a physician's certificate attesting to the mental or physical condition of the person as it relates to the category in which the occupant is classified, and if the official determines that the person requires special care and is thereby prohibited from residing in a lodging house or boardinghouse (Class A) or is disabled and thereby prohibited from residing in any lodging house or boardinghouse, then the person shall vacate the premises and relocate in a suitable and appropriate establishment no later than five (5) days after the issuance of an order directed to the owner or operator and the occupant therefor, and if the condition of the person or circumstances under which he or she resides requires immediate attention, the order shall so specify and a period of less than five (5) days may be prescribed therefor.
(4) 
Occupancy of unemancipated minors prohibited. The occupancy of any rooming unit in an establishment subject to licensing by an unemancipated minor is hereby prohibited, and the operator and occupant of the premises in which such occupancy occurs shall be liable hereunder.
(5) 
Overcrowding prohibited. Occupancy in excess of the maximum occupancy permitted under § 156-21 or the occupancy data set forth in the application under § 156-44 is prohibited.
A. 
Bathroom and water closet facilities required. Bathroom and water closet facilities shall be provided for occupants pursuant to § 156-20G, except as hereinafter provided for boardinghouse (Class B) in § 156-63E and for nursing homes in § 156-64A. All bathrooms shall be provided with inside locks.
B. 
Bedding, bed linen, towels and soap required. Every operator shall provide for all occupants' bedding, mattresses, mattress covers, bed linens, blankets, pillows, towels and soap. All such items shall be kept in a clean and sanitary condition at all times. Fresh, clean bed linens and towels shall be supplied for each new occupant at the commencement of the term of occupancy, and fresh, clean bed linens and towels shall be supplied at least once a week. Unless laundry service is provided for all occupants, a laundry tub or washing machine shall be accessible to and available for use by all occupants.
C. 
Furniture and furnishings. All furniture and furnishings shall be maintained in a safe and sound condition in good repair, and upholstery and coverings shall be kept clean and free of rips and tears. Windows shall be provided where necessary with blinds, draw drapes, curtains or shades to provide occupants with privacy.
D. 
Person in charge of the premises. There shall be present and in charge of every establishment subject to licensing a person who is mentally and physically competent to maintain the same in a safe and sanitary condition, who shall keep the exterior of the premises and all common interior areas, including but not limited to the landings, stairways, hallways and bathrooms, clean, free from garbage and other refuse and free of infestation, and who shall attend to the daily removal of garbage as required under § 156-19N.
A. 
Fire alarm system. Every establishment subject to licensing shall be provided with a fire alarm system or device approved by the Underwriters' Laboratories, Inc., or by such other laboratories qualified and equipped for the testing of fire protection equipment or materials as approved by the Public Officer and the Fire Chief. The system or device required hereunder shall be maintained in good working order at all times. The alarm shall be provided with heat-operated devices located in rooms, hallways and open areas as directed by the Fire Chief, which will automatically set off the fire alarm system, and shall be operated by self-contained automatic means. Alarm-sounding devices provided shall be distinctive in pitch, shall be of such quality and so distributed on every floor that they shall be effectively heard in case of fire in every room above the usual sound level. Periodic testing shall be required in accordance with regulations of the Public Officer approved by the Fire Chief.
B. 
Directional signs. Every licensed establishment shall have exit signs posted in common hallways visible from the door of every rooming unit, which sign shall indicate the direction of the location of the nearest means of egress. All such signs shall be of a size and color and be illuminated in accordance with the regulations of the Public Officer, which regulations are to be approved by the Fire Chief.
C. 
Stairway doors to be self-closing. Wherever there are doors or framework for doors which would close off sections of the stairway from common hallways, areaways or other parts of the stairway, such doors shall be equipped with self-closing devices or such framework shall be equipped with doors having self-closing devices.
D. 
Storage of combustible materials. Storage of combustible materials and temporarily used or unused household furnishings, bedding, mattresses and similar articles shall only be permitted in enclosed fireproof compartments.
Storage areas shall, as of March 5, 1968, comply with § 156-19M, notwithstanding the date set forth therein.
E. 
Disposal of combustible materials. All combustible material shall be disposed of in self-closing metal cans which shall be provided where needed on the premises for that purpose.
Incidental cooking in boardinghouses and lodging houses is prohibited. Community cooking is prohibited except for cooking performed by the owner or operator or their employees for occupants in boardinghouses and nursing homes.
Night-lights shall be provided in all common areaways leading to bathrooms, as well as in hallways in compliance with § 156- 20V(6).
There shall be central heating in all establishments subject to licensing which shall supply adequate heat as required under § 156-20I to all occupied rooming units and to all bathrooms.
Where food is served in any establishment subject to licensing, the license therefor and the maintenance of the establishment, pursuant to the license, shall be subject to the regulations and requirements of the Sanitary Code and shall be supervised by the Health Officer, as well as this code. The Public Officer is authorized to enforce any violation determined by the Health Officer to be a violation of this code after a notice and hearing in accordance with the provisions of § 156-67.
A. 
Responsible person on duty. There shall be on duty at all hours of the day and night at least one (1) responsible person capable of performing the duties of evacuation for each twenty (20) persons or fraction thereof housed therein.
B. 
Fire extinguishers. Portable fire extinguishers of adequate type and size as prescribed by regulation shall be provided and hung in a conspicuous location in each hallway or common areaway, and, where the length of same exceeds fifty (50) feet, there shall be a fire extinguisher for each fifty (50) feet or fraction thereof located at least fifty (50) feet apart. There shall be fire extinguishers provided in the kitchen and also in the basement or cellar which shall be located within twenty-five (25) feet of any furnace or heating apparatus therein. All fire extinguishers shall be inspected annually and shall further be subject to a test every five (5) years for hydrostatic pressure to determine the capability of the extinguisher to withstand with safety the pressure generated during operation.
C. 
Evacuation instructions required. The operator, pursuant to regulations and supervision of the Fire Chief, shall be responsible for instructions to all occupants and employees as to procedure to be followed for fire safety and for orderly emergency evacuation.
D. 
Additional exit requirements. In addition to the requirements of § 156-22E through F, exit stairways utilized as fire escapes on the exterior of the building shall extend all the way to the ground, and drop ladders for any part thereof shall be prohibited. Access to outside exit stairways shall be through doors leading to balconies, and window exits shall be prohibited. All such exit doors shall be equipped with panic locks or similar devices readily opened from the inside and shall open in the direction of exit travel.
E. 
Bathroom and water closet facilities. Bathroom and water closet facilities shall be provided on each floor having sleeping rooms, in addition to the requirements of § 156-22B.
F. 
Sprinklers required. All Class B boardinghouses of wood frame construction which are occupied above one (1) story or of ordinary construction which are occupied above two (2) stories, in addition to all other requirements, shall be equipped with approved automatic sprinkler systems throughout the entire building and cellar or basements.
A. 
Special regulations. Nursing homes shall comply with all the special requirements applicable to boardinghouses (Class B) in § 156-63 above.
B. 
Fireproof construction. All nursing homes shall be of fireproof construction.
C. 
Violations. All nursing homes shall comply with state laws and city ordinances, including the city's Fire Code, and any violation of such laws or regulations thereunder shall constitute a violation of this code.