[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.
Except as otherwise provided herein, the term of the license
shall be for one (1) year from January 1 to December 31 and is renewable
annually.
[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:
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]
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.
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.
