Township of Piscataway, NJ
Middlesex County
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Table of Contents
Table of Contents
[1972 Code § 12A-1]
A "Property Maintenance Code of Piscataway Township" is hereby adopted.
The Property Maintenance Code of Piscataway Township
Chapter PM-1
Administration
SECTION PM-101.0 GENERAL.
PM-101.1 Title: These regulations shall be known as the Property Maintenance Code of Piscataway Township hereinafter referred to as "this code."
PM-101.2 Scope: This code is to protect the public health, safety and welfare in all existing structures, residential and nonresidential, and on all existing premises by establishing minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; fixing the responsibility of owners, operators and occupants; regulating the occupancy of existing structures and premises, and providing for administration, enforcement and penalties.
PM-101.3 Intent: This code shall be construed to secure its expressed intent which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.
PM-101.4 Referenced standards: The standards referenced in this code and listed in Chapter 8* of this Property Maintenance Code shall be considered part of the requirements of this code to the prescribed extent of each such reference.
Where differences occur between provisions of this code and referenced standards, the provisions of this code shall apply.
PM-101.5 Existing remedies: The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary.
PM-101.6 Workmanship: All repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner.
PM-101.7 Application of other codes: Any repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the building, plumbing and mechanical codes and NFPA 70 listed in Chapter 8.[1]
PM-101.8 Application to creditors:
1. Any creditor, as that term is hereinafter defined, which initiates a foreclosure proceeding on residential property shall be responsible to remedy all violations of any applicable State of New Jersey housing code or the Piscataway Property Maintenance Code determined by the Township to exist on that residential property if the residential property owner has vacated or abandoned that residential property on which a foreclosure proceeding has been initiated, or if that residential property becomes vacant at any time after the creditor files the Summons and Complaint in its action to foreclose, but prior to the vesting of title in the creditor or any third party.
2. When the Township requires a creditor to remedy such a violation, it shall send a notice to the creditor by notifying the person or entity located within the State of New Jersey authorized to accept service on behalf of the creditor. The notice shall include a description of the violation(s) and shall provide the creditor a period of not less than 30 days from the creditor's receipt of the notice to remedy the violation(s). Service of the notice shall be effective if sent by certified mail, return receipt requested.
3. For purposes of this Chapter 17, a creditor shall be defined as a federal or State chartered bank, savings bank, savings and loan association or credit union, any person required to be licensed under the provisions of the "New Jersey Licensed Lenders Act," P.L. 1996 c. 157 (C. 17:11C-1 et seq.), and any entity acting on behalf of the creditor named in the debt obligation, including but not limited to servicers.
[Ord. No. 14-17]
SECTION PM-102.0 VALIDITY.
PM-102.1 Validity: If any section, subsection, paragraph, sentence, clause or phrase of this code shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this code which shall continue in full force and effect, and to this end the provisions of this code are hereby declared to be severable.
PM-102.2 Saving clause: This code shall not affect violations of any other ordinance, code or regulation existing prior to the effective date hereof, and any such violation shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.
SECTION PM-103.0 MAINTENANCE.
PM-103.1 Required: All equipment, systems, devices and safeguards required by this code or a previous statute or code for the structure or premises when erected or altered shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures.
SECTION PM-104.0 APPROVAL.
PM-104.1 Approved materials and equipment: All materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval.
PM-104.2 Modifications: Where there are practical difficulties involved in carrying out provisions of this code, the code official shall have the right to vary or modify such provisions upon application of the owner or the owner's representative, provided that the spirit and intent of the law is observed and that the public health, safety and welfare is assured.
PM-104.2.1 Records: The application for modification and the final decision of the code official shall be in writing and shall be officially recorded in the permanent records of the division.
PM-104.3 Material and equipment reuse: Materials, equipment and devices shall not be reused unless such elements have been reconditioned, tested and placed in good and proper working condition and approved.
PM-104.4 Alternative materials and equipment: The provisions of this code are not intended to prevent the installation of any material or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved when the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
PM-104.5 Research and investigations: Sufficient technical data shall be submitted to substantiate the proposed installation of any material or assembly. If it is determined that the evidence submitted is satisfactory proof of performance for the proposed installation, the code official shall approve such alternative subject to the requirements of this code. The cost of all tests, reports and investigations required under these provisions shall be paid by the applicant.
SECTION PM-105.0 DUTIES AND POWERS OF THE CODE OFFICIAL.
PM-105.1 General: The code official shall enforce all of the provisions of this code.
PM-105.2 Notices and orders: The code official shall issue all necessary notices or orders to ensure compliance with the code.
PM-105.3 Right of entry: The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law, including the issuance of a search warrant as set forth herein.
[Ord. No. 10-23]
PM-105.3A Search warrant: If the code official is refused access to a structure or premises under PM-105.3, the code official may, upon affidavit, apply to a Judge of the Municipal Court in the Township of Piscataway for a search warrant, setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of the code may exist on the premises, including one or more of the following:
a. Upon receipt of a written complaint;
b. Observation of the external condition of the premises and its public area has resulted in the belief that violation of the code exist;
c. Circumstances such as age of building, type of building, particular use of premises or other factors which render systematic inspections of such buildings necessary in the interest of public health and safety.
If the Judge of the Municipal Court of the Township of Piscataway is satisfied as to the matters set forth in said affidavit, he shall authorize the issuance of a search warrant permitting access for an inspection of that part or those parts of the premises on which the nuisance or violation may or is suspected to exist.
[Ord. No. 10-23]
PM-105.4 Access by owner or operator: Every occupant of a structure or premises shall give the owner or operator thereof, or agent or employee, access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this code.
PM-105.5 Identification: The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
PM-105.6 Coordination of enforcement: Inspection of premises, the issuance of notices and orders and enforcement thereof shall be the responsibility of the code official so charged by the jurisdiction. Whenever inspections are necessary by any other department, the code official shall make reasonable effort to arrange for the coordination of such inspections so as to minimize the number of visits by inspectors, and to confer with the other departments for the purpose of eliminating conflicting orders before any are issued. A department shall not, however, delay the issuance of any emergency orders.
PM-105.7 Rule-making authority: The code official shall have power as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and regulations to interpret and implement the provisions of this code to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code or of violating accepted engineering practice involving public safety.
PM-105.8 Organization: The code official shall appoint such number of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of this code and as authorized by the appointing authority. The code official is authorized to designate an employee as deputy who shall exercise all the powers of the code official during the temporary absence or disability of the code official.
PM-105.9 Restriction of employees: An official or employee connected with the enforcement of this code, except one whose only connection is that of a member of the Board of Appeals established under the provisions of Section PM-111.0, shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the division.
PM-105.10 Relief from personal responsibility: The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage occurring to persons or property as a result of any act required or permitted in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the division of building inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
PM-105.11 Official records: An official record shall be kept of all business and activities of the division specified in the provisions of this code, and all such records shall be open to public inspection at all appropriate times and according to reasonable rules to maintain the integrity and security of such records.
SECTION PM-106.0 VIOLATIONS.
PM-106.1 Unlawful acts: It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, occupy, let to another or occupy or let to another person to occupy any premises, property, structure or equipment regulated by this code, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this code, or to fail to obey a lawful order of the code official, or to remove or deface a placard or notice posted under the provisions of this code.
PM-106.2 Penalty: Any person, firm, or corporation who shall violate any provisions of this code shall be subject to the fine of not less than $250 nor more than $2,000, or imprisonment for a term not to exceed 90 days, or both, at the discretion of the court. 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. The penalties pursuant to this section may be collected in a summary proceeding pursuant to N.J.S.A. 2A.58-1 et seq. (Penalty Enforcement Law).
a. In accordance with N.J.S.A. 40:48-2.13 any owner or tenant of lands lying within the municipality, where it shall be necessary and expedient for the preservation of the public health, safety, general welfare or to eliminate a fire hazard, to remove from such lands or dwelling or destroy brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris within 10 days after notice to remove or destroy the same, and to provide for the removal or destruction of the same by or under the direction of some officer of the municipality in cases where the owner or tenant shall have refused or neglected to remove or destroy same in the manner and within the time provided above, and to provide for the imposition of penalties for the violation of any such ordinance.
b. In accordance with N.J.S.A. 40:48-2.13a any owner or tenant of lands lying within the limits of the municipality when it is necessary and expedient for the preservation of the public health, safety, or general welfare, to remove from that dwelling or land or to destroy any solid waste stored in such a way that is accessible to and likely to be strewn about by animals such as but not limited to dogs, cats, raccoons, birds, or rodents. The removal or destruction of the solid waste within 72 hours after the owner or tenant has received written notice to that effect. The municipality requires the removal or destruction of the solid waste by or under the direction of an officer or code enforcement officer of the municipality when the owner or tenant refuses or neglects to remove or destroy the solid waste in the manner and within the time required by the ordinance, and provide for the imposition of penalties for the violation of the ordinance.
c. In accordance with N.J.S.A. 40:48-2.14 the Cost of removal of brush, weeds, debris, etc.; lien. In all cases where brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris are destroyed or removed from any dwelling or lands under any ordinance adopted pursuant to section 1 of P.L. 1943, c. 71 (C. 40:48-2.13) or section 1 of P.L. 1994, c. 167 (C. 40:48-2.13a), by or under the direction of the business administrator or code enforcement officer of the municipality, the business administrator or code enforcement officer shall certify the cost thereof to the Township Council, certifying the actual costs of same plus 25% administrative fee but not less than a $100 administrative fee, to the Township Council, which shall examine the report and certificate and, if it is correct, cause the cost as shown thereon to be charged against the dwelling or lands. A copy of the resolution approving the expenses shall be certified by the Township Clerk and filed with the Tax Collector, who shall be responsible for the collection thereof. The amount so charged shall forthwith become a lien upon the dwelling or lands and shall be added to and become and form part of the taxes next assessed and levied upon such dwelling and lands, shall bear interest at the same rate as the taxes, and shall be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this chapter.
[Ord. No. 11-19; Ord. No. 12-23; Ord. No. 13-28]
PM-106.3 Prosecution: In case of any unlawful acts the code official shall institute an appropriate action or proceeding at law to exact the penalty provided in Section PM-106.2. Also, the code official shall ask the jurisdiction's legal representative to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:
1. To restrain, correct or remove the violation or refrain from any further execution of work;
2. To restrain or correct the erection, installation, maintenance, repair or alteration of such structure;
3. To require the removal of work in violation; or
4. To prevent the occupancy of the structure that is not in compliance with the provisions of this code.
SECTION PM-107.0 NOTICES AND ORDERS.
PM 107.1 Notice to Owner or to person or persons responsible: Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed in Sections PM-107.2 and PM-107.3. Notices for condemnation procedures shall comply with Section PM-108.3.
PM-107.1.1 Summons: At the discretion of the code official, or his designee, notices, orders, or hearings to abate will be issued when the following violations have occurred.
1. Not providing sufficient heat in any residential building or dwelling unit as required under PM 602.
2. The illegal use of any building or dwelling unit.
3. The conversion of a building or dwelling unit without proper application.
4. The ownership of a building or dwelling unit that has been illegally converted.
5. Inadequate exitway facilities; or
6. Any violation that the code official deems to constitute an imminent hazard to public safety or welfare.
PM-107.2 Form: Such notice prescribed in Section PM-107.1 shall:
1. Be in writing;
2. Include a description of the real estate sufficient for identification;
3. Include a statement of the reason or reasons why the notice is being issued; and
4. Include a correction order allowing a reasonable time for the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code.
PM-107.3 Method of service: Such notice shall be deemed to be properly served if a copy thereof is (a) delivered to the owner personally; or (b) sent by certified or registered mail addressed to the owner at the last known address with return receipt requested. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice and such notice shall be published once in a newspaper circulated in the municipality in which the property is located. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
PM-107.4 Penalties: Penalties for noncompliance with orders and notices shall be as set forth in Section PM-106.2.
PM-107.5 Transfer of ownership: It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
SECTION PM-108.0 UNSAFE STRUCTURES AND EQUIPMENT.
PM-108.1 General: When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.
PM-108.1.1 Unsafe structure: An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is likely.
PM-108.1.2 Unsafe equipment: Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
PM-108.1.3 Structure unfit for human occupancy: A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
PM-108.1.4 Unlawful structure: An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.
PM-108.2 Closing of vacant structures: If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
PM-108.3 Notice: Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section PM-107.3. The notice shall be in the form prescribed in Section PM-107.2.
PM-108.3a Content of Notice: Pursuant to N.J.S.A. 40:48:2.5, the Notice shall be in the form of a complaint, addressed to the property owner and any known parties-in- interest and state the charges in that respect and advise that a hearing will be held at a designated time and location not less than seven days and nor more than 30 days after the serving of the complaint before the Board of Appeals. The complaint shall also advise that the owner and parties-in-interest have the right to file an answer to the complaint, appear in person and give testimony at the place and time fixed in the complaint and that the NJ Court Rules governing evidence procedures shall not govern the hearings before the Board of Appeals.
[Ord. No. 12-12]
PM-108.3b Order: After the conclusion of the notice and hearing, in the event that the Board of Appeals determines that the building under consideration is unfit for human habitation or occupancy or use, such determination shall be issued in writing stating the findings of fact and shall be served upon the owner and parties-in-interest in the form of an order. Pursuant to Section PM-105.2, the order shall be issued by the code official. The order shall require:
(1) the repair, alteration or improvement of the building to be made by the owner, within a reasonable time, which time shall be set forth in the order or at the option of the owner to vacate or have the said building vacated and closed within the time set forth in the order; and
(2) if the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises, and the owner fails to repair, alter or improve the said building within the time specified in the order, then the owner shall be required to remove or demolish the said building within a reasonable time as specified in the said order of removal.
(d) That, if the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the building, the code official may cause such building to be repaired, altered or improved, or to be vacated and closed; that the code official may cause to be posted on the main entrance of any building so closed, a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."
(e) That, if the owner fails to comply with an order to remove or demolish the building, the code official may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefor.
(f) That the amount of
(1) the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges, incurred in the course of any proceeding taken under this act determined in favor of the municipality, and
(2) such cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the public officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof, including the clearance and, if necessary, leveling of the site, the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the municipal tax assessor or other custodian of the records of tax liens and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceed such costs, the balance remaining shall be deposited in the Superior Court by the code official, shall be secured in such manner as may be directed by such court, and shall be disbursed according to the order or judgment of the court to the persons found to be entitle thereto by final order or judgment of such court. Any owner or party in interest may, within 30 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
If an actual and immediate danger to life is posed by the threatened collapse of any fire damaged or other structurally unsafe building, the code official may, after taking such measures as may be necessary to make such building temporarily safe, seek a judgment in summary proceedings for the demolition thereof.
[Ord. No. 12-12]
PM-108.4 Placarding: Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment, a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
PM-108.5 Prohibited occupancy: Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.
PM-108.6 Removal of placard: The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code.
SECTION PM-109.0 EMERGENCY MEASURES.
PM-109.1 Imminent danger: When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure is Unsafe and its Occupancy has been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or of demolishing the same.
PM-109.2 Temporary safeguards: Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding-up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.
PM-109.3 Closing streets: When necessary for the public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
PM-109.4 Emergency repairs and demolition: For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. Additionally, the code official shall order the demolition of any building which in the code official's judgment is so old, dilapidated or has become so out of repair as to be an imminent danger to the health, safety and welfare of the public.
PM-109.5 Costs of emergency repairs and demolition: Costs incurred in the performance of emergency work, including repairs or demolition, shall be paid first, from the fines collected in the enforcement of this code, and then from the treasury of the jurisdiction on approval of the code official. All costs incurred by the Township due to the razing and removal of any structure pursuant to this Code shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.
PM-109.6 Hearing: Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code.
SECTION PM-110.0 DEMOLITION.
PM-110.1 General: Upon the advice and consent of the Mayor of the Township (except in cases of extreme emergency with imminent harm), the code official shall order the owner of any premises upon which is located any structure, which in the code official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to raze and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to raze and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to raze and remove such structure.
PM-110.2 Order: All notices and orders shall comply with Section PM-107.0.
PM-110.3 Failure to comply: If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be razed and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such razing and removal shall be first paid from the fines levied and collected in the enforcement of this Code, and second from the treasury of the jurisdiction upon approval of the code official. All costs incurred by the Township due to the razing and removal of any structure pursuant to this Code shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
PM-110.4 Salvage materials: When any structure has been ordered razed and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such razing and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
SECTION PM-111.0 MEANS OF APPEAL.
PM-111.1 Application for appeal; Fee: Any person affected by any notice which has been issued in connection with the enforcement of Section P.M. 108, 109, 110 or 308 only may request and shall be granted a hearing on the matter before the Board of Appeals; provided that such person shall file in the office of the enforcing division a written petition requesting such hearing and containing a statement of the grounds therefor within five days after the day notice was served. Any person requesting an appeal shall be required to remit a fee of $50 at the time the request is filed.
PM-111.2 Membership of the board: Said board shall consist of three residents of the Township appointed by the Mayor, with the advice and consent of Council, including at least one person skilled in real estate sales or development, property management, general contracting or who is a registered architect or engineer with at least three years experience. Each member shall have been a resident of the Township for at least one year prior to appointment. The Mayor may appoint, with the advice and consent of Council, in addition to the three members above provided for, an alternate member of the board. Such alternate member shall have full power to act when a member of the board is excused because of conflict of interest or when a member is absent. All appointments, other than the alternate member, shall be for a period of two years. Each member shall serve until his or her successor has been appointed and qualified.
PM-111.2.1 Chairman: The board shall annually select one of its members to serve as chairman.
PM-111.2.2 Disqualification of member: A member shall not hear an appeal in which that member has any personal, professional or financial interest.
PM-111.2.3 Secretary: The chief administrative officer shall designate a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative officer.
PM-111.2.4 Compensation of members: Compensation of members shall be determined by law.
PM-111.3 Notice of meeting: The board shall meet upon notice from the chairman, within 10 days of the filing of an appeal, or at stated periodic meetings.
PM-111.4 Open hearing: All hearings before the board shall be open to the public. The appellant, the appellant's representative, the code official, and any person whose interests are affected shall be given an opportunity to be heard.
PM-111.5 Procedure: The board shall adopt and make available to the public through the secretary, procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence but shall mandate that only relevant information be received.
PM-111.6 Resolution: The decision of the board shall be by resolution. Certified copies shall be furnished to the appellant and to the code official.
PM-111.7 Administration: The code official shall take immediate action in accordance with the decision of the board.
PM-111.8 Court review: Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer.
SECTION PM-112.0 CONFLICT; COMPLIANCE AND INTERPRETATION.
PM-112.1 Conflict: In the event of conflict between the Zoning Ordinance of the Township of Piscataway, and this Property Maintenance Ordinance, the terms of the Zoning Ordinance of the Township of Piscataway shall take precedence.
PM-112.2 Compliance: Compliance with the terms and conditions of this Property Maintenance Code of the Township of Piscataway does not alleviate the requirement of compliance with the terms and conditions of the Zoning Ordinance, Site Plan Review Ordinance, or Land Use Procedures Ordinance of the Township of Piscataway.
PM-112.3 Interpretation: This Property Maintenance Code of the Township of Piscataway shall not be interpreted in any manner which is in conflict with the Zoning, Site Plan Review, or Land Use Procedures Ordinances of the Township of Piscataway.
Chapter PM-113
ABANDONED PROPERTY
[Added 11-26-2019 by Ord. No. 19-29]
PM-113.1 Purpose and intent. It is the purpose and intent of this article to establish a process to mitigate the amount of deteriorating property located within the Township of Piscataway, which is vacant and/or in default for which a public notice of default has been filed regardless of occupancy, is in foreclosure, or where ownership has been transferred to lender or mortgagee by any legal method. It is further intended to establish a registration program as a mechanism to protect neighborhoods from becoming blighted through the lack of adequate maintenance of abandoned and vacated properties subject to a mortgage or properties subject to mortgages that are in default.
PM-113.2 Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning. Where the context will permit and no definitions are provided herein, the definitions provided in the State of New Jersey Building Code shall apply.
ABANDONED REAL PROPERTY: Any real property that is vacant and/or is under a current notice of default, notice of mortgagee's sale, pending tax assessor's lien sale and/or properties that have been the subject of a foreclosure sale where title is retained by the beneficiary of a mortgage involved in the foreclosure, and any properties transferred under a deed-in-lieu of foreclosure sale, a short sale or any other legal means.
ACCESSIBLE PROPERTY: A property that is accessible through a compromised/breached gate, fence, wall, etc.
ACCESSIBLE STRUCTURE: A structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.
DEFAULT: Mortgagee declares said mortgage to be in default either in writing, by recording a lis pendens, or by its actions, or commences foreclosure proceedings.
ENFORCEMENT OFFICER: Any full-time law enforcement officer, Building Official, Fire Inspector or Code Enforcement Officer employed by, contracted for, or servicing the Township of Piscataway.
EVIDENCE OF VACANCY: Any condition that on its own, or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions may include, but not be limited to, overgrown and/or dead vegetation; electricity, water or other utilities turned off; stagnant swimming pool; and statements by neighbors, passers-by, delivery agents or government agents, among other evidence.
FORECLOSURE: The judicial process by which a property, placed as security for a mortgage loan, after a judicial process, is to be sold at an auction to satisfy a debt upon which the borrower has defaulted.
LOCAL PROPERTY MANAGER: An individual property manager, property management company, property maintenance company or similar entity located within Middlesex County, designated by the owner or mortgagee which is responsible for the maintenance of abandoned real property.
PUBLIC PROPERTY: Canals, all waterways, lands and improvements owned by any governmental body or any governmental agency including but not limited to easements and rights-of-way, but excluding the campus of any institution of the state university system.
RESIDENTIAL BUILDING: Any improved real property, or portion thereof, situated in the Township, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property.
VACANT: Any building or structure that is not lawfully occupied or inhabited by human beings.
PM-113.3 Applicability. This article relates to abandoned and vacant property and to property subject to a mortgage that has been determined by the mortgagee to be in default. This article shall be considered cumulative and is not superseding or subject to any other law or provision for same, but shall rather be an additional remedy available to the Township above and beyond any other state, county and/or local provisions for same.
PM-113.4 Violations and penalties. Any person who shall violate the provisions of this article shall, upon conviction, be subject to the penalties and provisions of Section PM-106.0 through PM-106.3. In addition, any violation of this section may be enforced by the CO/CCO Supervisor.
PM-113.5 Registration of real property mortgagee holding mortgages in default.
A. Any mortgagee who holds a mortgage on real property located within the Township of Piscataway shall perform an inspection of the property that is the security for the mortgage, upon default by the mortgagor, or issuance of a notice of default. If the property is found to be vacant or shows evidence of vacancy, it shall be deemed abandoned and the mortgagee shall, within 10 days of the inspection, register the property with the CO/CCO Supervisor, designee, or other authorized representative, on forms provided by the Township of Piscataway. A registration is required for each vacant property.
B. If the property is occupied but remains in default, it shall be inspected by the mortgagee or his designee monthly until the mortgagor or other party remedies the default, or it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the mortgagee shall, within 10 days of that inspection, register the property with the CO/CCO Supervisor, his/her designee, or Township-authorized representative, electronically via the Township or other designated website or on forms provided by the Township of Piscataway.
C. Within 10 days of the date the mortgagee declares its mortgage to be in default through public notice or recordation, the mortgagee shall register the real property with the Township or its designee and, at the time of registration, shall designate in writing a local property manager to inspect, maintain and secure the real property subject to the mortgage in default.
D. Registration. Registration pursuant to this section shall contain at a minimum the name of the mortgagee and servicer along with the corresponding mailing addresses of both mortgagee/servicer, email addresses, and telephone numbers and name of the local property manager and said person's address, email address, and telephone number. The local property manager shall be responsible to inspect, secure and maintain the property. The property manager named in the registration shall be located within Middlesex County and available to be contacted Monday through Friday between 9:00 a.m. and 5:00 p.m., holidays and lunch hours excepted. If the subject of the registration is investor- or bank-owned, the registration shall contain at the minimum the name of the owner, the mailing address of the owner, email address, and telephone number, asset manager along with the property manager.
E. An annual registration fee in the amount of $750 per property shall accompany the registration or a modification of a registration. There is no fee for modifying contact information, if the organizational information remains the same and within one year of the last registration payment. The Township of Piscataway may assign and delegate the collection of such fee to an independent contractor as noted on the registration form.
[Amended 5-5-2020 by Ord. No. 2020-15]
F. This section shall also apply to properties that have been the subject of a foreclosure sale where title is transferred to a beneficiary of a mortgage involved in the foreclosure and any properties transferred to the mortgagee under a deed in lieu of foreclosure/sale.
G. Any person or other legal entity that has registered a property under this article must report any change of information contained in the registration within 10 days of the change.
H. Properties subject to this section shall remain under the annual registration requirement, inspection, security, and maintenance standards of this section as long as they remain vacant or subject to having been declared by a mortgagee to be in default.
I. Failure of the mortgagee and/or property owner of record to properly register or to revise from time to time the registration to reflect a change of circumstances as required by this article is a violation of the codes of the Township of Piscataway and may result in a citation by the Housing Certificate of Occupancy Office. Pursuant to a finding and determination by the CO/CCO Supervisor that any property is in violation of Township ordinances, the Township of Piscataway may take the necessary action to ensure compliance with its ordinances and place a lien(s) on the property for the cost of the work performed to benefit the property and to bring it into compliance, which lien may be assigned to either the entity that performs the work or arranges to have the work performed.
J. At such time that the property becomes abandoned the mortgagee shall submit a no trespass affidavit with the CO/CCO Supervisor and/or assignee.
PM-113.6 Maintenance requirements.
A. Properties subject to this article shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state, or local law, discarded personal items, including, but not limited to, furniture, clothing, large and small appliances, or any other items that give the appearance that the property is abandoned or not being properly maintained. Weeds, overgrown brush or dead vegetation over the height limitations imposed by the Township of Piscataway's codes are prohibited.
B. The property shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior structure. Yards shall be landscaped and maintained pursuant to the standards set forth in the Code. Landscaping shall include, but not be limited to, grass, ground cover, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential, commercial or industrial installation, as applicable. Landscaping shall not include weeds, gravel, broken concrete, asphalt or similar material.
C. Maintenance shall include, but not be limited to, watering, irrigation, cutting and mowing of required landscape and removal of all trimmings and weeds.
D. Pools and spas shall be kept in working order so that pool and spa water remains free and clear of pollutants and debris. Pools and spas shall comply with the enclosure requirements of the Township of Piscataway Codes and the State of New Jersey Building Code.
E. Failure of the mortgagee and/or property owner of record to properly maintain the property is a violation of the code of ordinances of the Township of Piscataway and may result in the issuance of a citation by the Housing Certificate of Occupancy Office. Pursuant to a finding and determination by the CO/CCO Supervisor they may take the necessary action to ensure compliance with its ordinances and place a lien(s) on the property and assign it as provided herein.
PM-113.7 Security requirements.
A. Properties subject to this article shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
B. A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow a child or adult to access the interior of the property and/or structure. Broken windows shall be secured by reglazing or boarding.
C. If a mortgage on the property is in default on the property and has become vacant or abandoned, a local property manager shall be designated by the mortgagee to perform the work necessary to bring the property into compliance with the code of ordinances and the local property manager must perform weekly inspections to verify compliance with the requirements of this section, and any other applicable laws or ordinances of the Township of Piscataway.
D. When the property becomes vacant or abandoned, it shall be posted with the name and twenty-four-hour contact telephone number of the local property manager. The posting shall be no less than 18 inches by 24 inches, and shall be of a font that is legible from a distance of 45 feet. The posting shall contain the following language: "This property is managed by (Name of Local Property Manager). To report problems or concerns call (Telephone number of Local Property Manager)."
E. The posting shall be placed on the interior of a window facing the street to the front of the property so that it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so that it is visible from the street, or if no such area exists, on a stake of sufficient size to support the posting in a location that is at all times visual from the street to the front of the property but not readily accessible to vandals. Exterior posting shall be constructed of and printed with weather-resistant materials.
F. The local property manager shall inspect the property on a biweekly basis to ensure that the property is in compliance with this section. Upon the request of the Township of Piscataway, or its authorized representative, the local property manager shall provide a copy of the inspection reports to the Housing Certificate of Occupancy Office.
G. Failure of the mortgagee and/or property owner of record to properly inspect and secure the property, and post and maintain the signage noted in this section, is a violation of this article and shall result in the issuance of a notice of violation by a CO/CCO Supervisor. Pursuant to a finding and determination made by the Township of Piscataway or its designee, necessary action may be taken to ensure compliance with this section, and a lien(s) may be placed on the property and assigned as provided herein.
PM-113.8 Additional authority. The CO/CCO Supervisor, designee, or other authorized representative shall have authority to require the mortgagee and/or owner of record of any property affected by this section to implement additional maintenance and/or security measures including, but not limited to, securing any and all door, window or other openings, employment of an on-site security guard, or other measures as may be reasonably required to help prevent further decline of the property.
PM-113.9 Supplemental provisions. Nothing contained in this article shall prohibit the Township of Piscataway from enforcing its codes by any other means, including, but not limited to, injunction, abatement or as otherwise provided by code.
Chapter PM-2
Definitions
SECTION PM-201.0 GENERAL.
PM-201.1 Scope: Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter.
PM-201.2 Interchangeability: Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.
PM-201.3 Terms defined in other codes: Where terms are not defined in this code and are defined in the building, plumbing or mechanical codes listed in Chapter 8, such terms shall have the meanings ascribed to them as in those codes.
PM-201.4 Terms not defined: Where terms are not defined, through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
PM-201.5 Parts: Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof."
SECTION PM-202.0 GENERAL DEFINITIONS.
Alteration: Any change to a building or portion thereof which would change the use or intensity of use of the building.
Approved: Approved by the code official.
Basement: See Section PM-302.0.
Bathroom: See Section PM-502.0.
Building: Any structure occupied or intended for supporting or sheltering any occupancy.
Building code: The building code officially adopted by the legislative body of this jurisdiction, or other such codes officially designated by the legislative body of the jurisdiction for the regulation of construction, alteration, addition, repair, removal, demolition, location, occupancy and maintenance of buildings and structures.
Boarding House: Any building, together with any related structure, accessory building and any land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any residential hotel or congregate living arrangement, but excluding any hotel, motel or established guest house wherein a minimum of 85% of the units of dwelling space are offered for limited tenure only, any foster home, any community residence for the developmentally disabled and any community residence for the mentally ill.
Code official: The official who is charged with the administration and enforcement of this code, or any duly authorized representative.
Condemn: To adjudge unfit for occupancy.
Construction documents: All the written, graphic and pictorial documents prepared or assembled for describing the design, location and physical characteristics of the elements of the project necessary for obtaining a building permit. The construction drawing shall be drawn to an appropriate scale.
Dwellings: A single unit of dwelling space providing complete, independent living facilities for living, sleeping, eating, cooking and sanitation.
Exterior property: See Section PM-302.0.
Extermination: See Section PM-302.0.
Family: One or more persons occupying a dwelling unit as a single housekeeping unit, being a traditional family unit or the functional equivalency thereof.
Floor Area: Any usable space in a dwelling not including closet space, counter tops, etc.
Garbage: See Section PM-302.0.
Habitable Floor Area: The net floor area in a habitable space excluding encumbrances such as closets, cabinets, columns, etc.
Habitable Space: See Section PM-402.0.
Housekeeping Unit: Those occupants of a dwelling unit sharing responsibility for the dwelling as a whole.
Illegal Dwelling Unit: A rental unit or rooming unit which is occupied by an excessive number of persons pursuant to State or Township law; does not fulfill the State, County, or Township requirements for the health, welfare and safety of its occupants; has been created without the requisite building/zoning permits, or is in violation of any State, County or Municipal Law, Ordinance or Regulation.
Infestation: See Section PM-302.0.
Inspection certificate: An identification applied on a product by an approved agency containing the name of the manufacturer, the function and performance characteristics, and the name and identification of an approved agency which indicates that the product or material has been inspected and evaluated by an approved agency.
Label: An identification applied on a product by the manufacturer which contains the name of the manufacturer, the function and performance characteristics of the product or material, and the name and identification of an approved agency and which indicates that the representative sample of the product or material has been tested and evaluated by an approved agency (see Section 1704.0 of the building code listed in Chapter 8, and also Mark, Manufacturer's designation and Inspection certificate).
Let for occupancy or let: See Section PM-302.0.
Manufacturer's designation: An identification applied on a product by the manufacturer indicating that a product or material complies with a specified standard or set of rules (see also Mark, Label, and Inspection certificate).
Mark: An identification applied on a product by the manufacturer indicating the name of the manufacturer and the function of a product or material (see also Manufacturer's designation, Label, and Inspection certificate).
Occupancy: The purpose for which a building or portion thereof is utilized or occupied.
Occupant: See Section PM-302.0.
Openable area: See Section PM-402.0.
Operator: See Section PM-302.0.
Owner: See Section PM-302.0.
Person: See Section PM-302.0.
Plumbing: See Section PM-502.0.
Plumbing fixture: See Section PM-502.0.
Premises: See Section PM-302.0.
Public nuisance: See Section PM-302.0.
Registered design professional: An architect or engineer, registered or licensed to practice professional architecture or engineering, as defined by the statutory requirements of the professional registration laws of the state in which the project is to be constructed.
Relocation Costs: Relocation costs shall include the relocation allocations required to be paid to displaced tenants pursuant to State or Federal law. If the tenant does not qualify for said allocations under State or Federal law, then said tenant shall be entitled to receive, from the owner of the premises affected, all actual reasonable costs associated with relocation.
Residential Furniture: Any table, chair, sofa or any other similar object customarily used for the purpose of furnishing the interior of a residential dwelling unit.
Rooming House: A boarding house wherein no personal or financial services are provided to the residents.
Rubbish: See Section PM-302.0.
Single room occupancy: An arrangement of dwelling space which does not provide a private, secure dwelling space arranged for independent living, which contains both the sanitary and cooking facilities required in a dwelling unit as defined in this code.
Structure: That which is built or constructed or a portion thereof.
Tenant: See Section PM-302.1.
Toilet room: See Section PM-502.0.
Ventilation: See Section PM-402.0.
Workmanlike: Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged, and without marring adjacent work.
Yard: See Section PM-302.0.
Chapter PM-3
General Requirements
SECTION PM-301.0 GENERAL.
PM-301.1 Scope: The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
PM-301.2 Responsibility: The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in Sections PM-306.0 and PM-307.0. A person shall not occupy as owner/occupant or permit another person to occupy premises which do not comply with the requirements of this chapter.
PM-301.3 Vacant structures and land: All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
SECTION PM-302.0 DEFINITIONS.
PM-302.1 General: The following words and terms shall, for the purposes of this chapter and as stated elsewhere in this code, have the meanings shown herein.
Basement: That portion of a building which is partly or completely below grade.
Exterior property: The open space on the premises and on adjoining property under the control of owners or operators of such premises.
Extermination: The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.
Garbage: The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
Infestation: The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
Let for occupancy or let: To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
Occupant: Any person living or sleeping in a building; or having possession of a space within a building.
Operator: Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
Owner: Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
Premises: A lot, plot or parcel of land including any structures thereon.
Public nuisance: Includes any of the following:
1. The physical condition or occupancy of any premises regarded as a public nuisance at common law;
2. Any condition or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to abandoned wells, shafts, basements, excavations and unsafe fences or structures;
3. Any premises that has unsanitary sewerage or plumbing facilities;
4. Any premises designated as unsafe for human habitation;
5. Any premises that is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecure so as to endanger premises from which the plumbing, heating or facilities required by this code have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided;
6. Any premises that is unsanitary, or that is littered with rubbish or garbage, or that has an uncontrolled growth of weeds; or
7. Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; and dangerous to anyone on or near the premises.
Rubbish: Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, minerals matter, glass, crockery and dust and other similar materials.
Tenant: A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a tenant.
Yard: An open area space on the same lot with a structure.
SECTION PM-303.0 EXTERIOR PROPERTY AREAS.
PM-303.1 Sanitation: All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
PM-303.2 Grading and drainage: All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon.
Exception: Water retention areas and reservoirs approved by the code official.
PM-303.3 Sidewalks and driveways: All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. Stairs shall comply with the requirements of Sections PM-304.10 and PM-702.9.
PM-303.4 Weeds: All premises of an exterior property shall be maintained free from weeds or plant growth in excess of eight inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees, shrubs or perennials, provided, however, this term shall not include cultivated flowers and gardens.
Exception: Grasses, annual plants and vegetation may exceed a height of eight inches; an existing ecosystem may be allowed to continue to function naturally; or a vegetation corridor can be re-established with native or adaptive vegetation, if (i) the owner or tenant of the premises has obtained, or is actively seeking Leadership In Energy and Environmental Design (LEED) certification issued by the United States Green Building Council, which includes meeting the LEED standards for site specifications by planting and/or maintaining sustainable landscaping; has filed a survey or site plan drawing identifying the area(s) where grasses, annual plants and/or vegetation are proposed to exceed eight inches, the area(s) where an existing ecosystem is located and/or the area where a vegetative corridor with native or adaptive vegetation is proposed to be re-established and has obtained administrative approval for the location of same from the Director of Community Development, or his or her designee, or (ii) has received approval from the Township Planning Board, after a public hearing with notice, for grasses, annual plants and vegetation to exceed a height of eight inches, or to re-establish a vegetation corridor with native or adaptive vegetation, and/or permit an existing ecosystem to continue to function naturally.
[Ord. No. 10-33]
PM-303.5 Rat harborage: All structures and exterior property shall be kept free from rat infestation. Where rats are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
PM-303.6 Exhaust vents: Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
PM-303.7 Accessory structures: All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
PM-303.8 Motor vehicles:
Except as provided for in other regulations, not more than one currently unregistered or uninspected motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled.
[Amended 4-1-2003 by Ord. No. 03-20]
Exception: A resident shall be permitted to perform service and/or repairs on a personal or family owned motor vehicle in the resident's driveway provided that the work is completed within 48 hours. Said service and/or repairs shall include procedures requiring the major disassembly or reassembly of the motor vehicle.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
PM 303.9 Bamboo:
PM 303.9-1 Purpose:
The purpose of this section is to protect and promote the public health through the control of the growth of bamboo.
[Ord. No. 2016-41]
PM 303.9-2 Definitions:
As used in this section, the following terms shall have the meanings indicated:
Bamboo shall mean all native and non-native variations of the plant commonly known as bamboo not including the plant commonly known as Nadina. These plants may damage trees, vegetation, or structures.
Enforcing officer shall mean the Township Zoning Officer, the Township Property Maintenance officials, or the Mayor's designee.
[Ord. No. 2016-41]
PM 303.9-3 Inspections:
All places and premises in the Township of Piscataway shall be subject to inspection by the enforcing officer. Such inspections shall be performed by such person, persons or agency duly authorized and appointed by the Township of Piscataway. Such inspection shall be made if that official has reason to believe that any subsection of this section is being violated.
[Ord. No. 2016-41]
PM 303.9-4 Violations and Penalties:
a. Whenever bamboo as defined by this section is found planted in the ground on any plot of land, lot or any other premises or place, a notice of violation shall be given to the owner and any tenant in possession of the property, in writing, to remove or abate the same within such time as shall be specified herein. Bamboo whose root system is entirely contained within a pot or other acceptable containment system or container that prevents contact with surrounding soil shall not constitute a violation.
b. The cost of the abatement shall be borne by the property owner and/or any tenant in possession of the property.
c. If the owner and/or tenant fails to comply with such notice within the time specified therein, the enforcing officer may remove or otherwise control the bamboo and the Township may thereafter recover the costs incurred in connection with said removal. Should owner or tenant, within 30 days of the demand of the Township fail to reimburse the Township for all amounts paid by the Township to abate any violations of this section, said amount shall be forwarded to the Tax Collector and shall be added to the next applicable tax bill for the property in question.
d. Any person who shall violate subsection PM 303.9 or who shall fail to comply with any notice issued pursuant to subsection PM 303.9-4a shall, upon issuance of a summons to the property owner and/or tenant and conviction thereof, be punished by a fine of not less than $250 and not greater than $2,000. A prosecution under this section may be maintained regardless of whether the Township elects to proceed as authorized under subsection PM 303.9-4c.
[Ord. No. 2016-41]
PM 303.10 Residential Furniture. Residential furniture, as defined in Section PM-302.0, Definitions, is only permitted on the exterior of a person's property for a period of 24 hours and is thereafter prohibited.
[Added 11-26-2019 by Ord. No. 19-29]
SECTION PM-304.0 EXTERIOR STRUCTURE.
PM-304.1 General: The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
PM-304.2 Exterior painting: All wood and metal surfaces, including but not limited to, window frames, doors, door frames, cornices, porches and trim shall be maintained in good condition. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted.
PM-304.3 Street numbers: Each structure to which a street number has been assigned shall have such number displayed in a position easily observed and readable from the public right-of-way. All numbers shall be in arabic numerals at least three inches (76 mm) high and 1/2 inch (13 mm) stroke.
PM-304.4 Structural members: All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
PM-304.5 Foundation walls: All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rats.
PM-304.6 Exterior walls: All exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
PM-304.7 Roofs and drainage: The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
PM-304.8 Decorative features: All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
PM-304.9 Overhang extensions: All canopies, marquees, signs, metal awnings, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
PM-304.10 Stair and walking surfaces: Every stair, ramp, balcony, porch, deck or other walking surface shall comply with the provisions of Section PM-702.9.
PM-304.11 Stairways, decks, porches and balconies: Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
PM-304.12 Chimneys and towers: All chimneys, cooling smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials such as paint or similar surface treatment.
PM-304.13 Handrails and guards: Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
PM-304.14 Window and door frames: Every window, door and frame shall be kept in sound condition, good repair and weather tight.
PM-304.14.1 Glazing: All glazing materials shall be maintained free from cracks and holes.
PM-304.14.2 Openable windows: Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
PM-304.15 Insect screens: Every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall have a self-closing device in good working condition.
Exception: Screen doors shall not be required where other approved means, such as air curtains or insect repellent fans are employed.
PM-304.16 Doors: All exterior doors and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door.
PM-304.17 Basement hatchways: Every basement hatchway shall be maintained to prevent the entrance of rats, rain and surface drainage water.
PM-304.18 Guards for basement windows: Every basement window that is openable shall be supplied with rat-proof shields, storm windows or other approved protection against the entry of rats.
SECTION PM-305.0 INTERIOR STRUCTURE.
PM-305.1 General: The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. Every owner of a structure containing a rooming house, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
PM-305.2 Structural members: All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.
PM-305.3 Interior surfaces: All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected.
PM-305.5 Stairs and railings: All interior stairs and railings shall be maintained in sound condition and good repair.
PM-305.6 Stairs and walking surfaces: Every stair, ramp, balcony, porch, deck or other walking surface shall comply with the provisions of Section PM-702.9.
PM-305.7 Handrails and guards: Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
SECTION PM-306.0 RUBBISH AND GARBAGE.
PM-306.1 Accumulation of rubbish or garbage: All exterior property and premises, and the interior of every structure shall be free from any accumulation of rubbish or garbage.
PM-306.2 Disposal of rubbish: Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.
PM-306.2.1 Rubbish storage facilities: The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.
PM-306.3 Disposal of garbage: Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.
PM-306.3.1 Garbage facilities: The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container.
PM-306.3.2 Containers: The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.
SECTION PM-307.0 EXTERMINATION.
PM-307.1 Infestation: All structures shall be kept free from insect and rat infestation. All structures in which insects or rats are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
PM-307.2 Owner: The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.
PM-307.3 Single occupant: The occupant of a one family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.
PM-307.4 Multiple occupancy: The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupants shall be responsible for extermination.
PM-307.5 Occupant: The occupant of any structure shall be responsible for the continued rat-free condition of the structure, and if the occupant fails to maintain the rat-free condition, the cost of extermination shall be the responsibility of the occupant.
Exception: Where rat infestations are caused by defects in the structure, the owner shall be responsible for extermination.
SECTION PM-308.0 VACANT BUILDINGS.
PM-308.1 Findings: The Township Council finds that in order to preserve and maintain the appearance and property values of the neighborhoods of the Township of Piscataway and to promote the health, welfare and safety of its citizens, it is necessary to enact standards governing the repair and maintenance of vacant buildings located within the Township of Piscataway.
PM-308.2 Definition: An unoccupied or vacant building shall mean any structure intended for residential or commercial use which is not currently occupied or in use. For the purpose of the enforcement of this ordinance a presumption shall exist that a structure vacant for six months or more is not currently occupied or in use.
PM-308.2a Notice of Vacancy: Prior to vacating any structure located within the Township, all building owners or their representatives shall notify the code official in writing of the intent to vacate the structure. The notice to the code official shall contain the following information:
1. The name, address and telephone number of the building owner.
2. The name and telephone number of at least two individuals who may be contacted in the event corrective action at the property is required. These individuals must also have the authority to take any corrective actions necessary to abate any violations of this code.
PM-308.3 Safety from fire: All owners of unoccupied or vacant buildings shall comply with the applicable provisions of current adopted version of the New Jersey Uniform Fire Code N.J.A.C. 5:70 and the current adopted local ordinances and the following additional standards for safety from fire:
a. No unoccupied or vacant building shall contain any space utilized for the storage of flammable liquids.
b. No room within any vacant or unoccupied building shall be used for storage of junk, rubbish or wastes, furniture or building materials not intended to be used in the existing building.
c. The early detection and containment of fire being a valid municipal concern, the boarding up of doors and windows shall not be permitted except with the permission of the construction official in emergency situations. When doors and windows are boarded up, they shall be covered with no less than 1/2 inch exterior plywood or equivalent and be painted the same color as the body of the building. In no case shall boarding up of doors and windows be permitted in excess of six months. Should an owner find it necessary to board up doors and windows in excess of six months, an appeal seeking permission to do so must be made before the expiration of this six-month period to the Township Housing and Property Maintenance Appeals Board. At the time of appeal all circumstances shall be set forth supporting the owner's request for extension of the board-up.
d. All windows within 20 feet of the ground or which may be readily accessible, may be secured with security screens, bars, and/or grills and the security screens, bars, and/or grills on open windows shall include quick release mechanisms all of which shall be subject to the approval of the Division of Fire Safety of the Township of Piscataway prior to installation.
PM-308.4 Safe and sanitary maintenance: All unoccupied or vacant buildings shall comply with the following minimum standards for safe and sanitary maintenance:
a. Every foundation, exterior wall and exterior roof shall be weather tight, watertight, and rodent proof, shall be kept in sound condition and good repair, and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.
b. Every yard shall be properly graded so as to prevent the accumulation of stagnant water.
c. Every building shall have all utilities, including but not limited to gas, electric, water and sewer turned off and/or disconnected with sewer service to be sealed at the trap of said property.
d. The exterior of the premises and the condition of accessory structures shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the standards of the neighborhood, and such that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the neighborhood with the accompanying diminution of property value.
PM-308.5 Further responsibilities of owners: All owners of unoccupied or vacant buildings shall be required to comply with the following standards:
a. Any yard area (front, side and rear) adjacent to an unoccupied or vacant building shall be cleared and maintained free of trash, solid debris, or any other materials that cause litter and accumulate to an unhealthy and blighting proportion.
b. Grass, weeds, or vegetation shall not be permitted to grow or remain on the side, front and/or rear yards of any occupied or vacant building so as to exceed a height of eight inches. Any edible vegetation or vegetation planted for some useful or ornamental purpose shall not be governed by this article.
c. Unoccupied or vacant buildings including the yard portion of such buildings, shall not be utilized for storage of any materials whether solid or liquid.
d. When a vacant dwelling is found to be infested with rats, termites, roaches and/or any other insects and vermin, the owner shall undertake an expedient means of extermination of such nuisances. Such extermination shall be certified by an approved exterminator.
e. All doors and/or lids on appliances, furniture utilized for storage or on heating furnaces shall be locked in order to deny entry to individuals where the potential for physical harm or death may result should said door close and prevent the individual's escape.
f. Temporary fencing shall be erected at the entrance and exit of all driveways provide access to parking or paved areas adjacent to or on the same lot of any unoccupied or vacant commercial building sufficient to bar the utilization of the parking and paved areas during that period of time that the commercial building remains unoccupied or vacant. Additionally, non-illuminated signage stating "No Parking" shall be erected on each side of all such entrance and exit driveways. Each sign shall be 24 inches in height and width and shall be a minimum of six feet, and a maximum of 10 feet above grade level. Each sign shall be constructed of weather-resistant materials. No paper, fiber board, foam core board, corrugated paper or unfinished wood material shall be utilized. The type of temporary fencing to be utilized must be reviewed and approved in advance by the Township Construction Official and have a height of six feet.
[Ord. No. 11-20]
PM-308.6 Applicability: The standards and requirements of this Article shall apply as long as any dwelling, building and/or commercial structure remains vacant or unoccupied. Upon occupancy, the other appropriate sections of this chapter shall prevail along with other state and local codes and regulations.
PM-308.7 Commercial structures containing storefront display windows: As to any commercial structure determined to be vacant as defined herein that contains a storefront, display windows, and/or any area intended to exhibit or display merchandise or conduct advertising, the owner of said structure shall place a display or a visual medium which will not by its appearance constitute a blighting factor for adjoining property owners or the public, which is properly maintained. Specifically, the following methods of obstructing windows and/or storefronts are prohibited: placement of newspaper or other types of news print; the painting, soaping or hazing of windows and/or storefronts; the boarding and/or placement of cardboard or other similar material in windows and/or storefronts. This listing is not intended to be exhaustive but rather illustrative as to those types of conditions which are specifically prohibited under this section.
PM-308.8 Notice to abate: Any property owner in violation of any subsection of this Section shall first be provided with a Notice to Abate as provided for in Section 107.2 of this code prior to issuance of a summons for a violations hereunder.
PM-308.9 Penalty: Any person, firm, or corporation who shall violate any provisions of this section shall be subject to a fine of $500 for the first offense and $1,000 for a second or subsequent offense, or imprisonment for a term not to exceed 90 days, or both, at the discretion of the court. 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. The penalties pursuant to this section may be collected in a summary proceeding pursuant to N.J.S.A. 2A:58-1 et seq. (Penalty Enforcement Law).
PM-308.10 Permission to Occupy: No owner or their representative shall give permission to any person or persons to occupy a vacant structure, building or property without first obtaining the permission of the code official. Any such occupancy shall be subject to the compliance with the terms and conditions of this code, the Zoning Ordinance of the Township of Piscataway, and any and all other local, county, state and federal requirements.
Chapter PM-4
Light, Ventilation and Occupancy Limitations
SECTION PM-401.0 GENERAL.
PM-401.1 Scope: The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.
PM-401.2 Responsibility: The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy any premises that do not comply with the requirements of this chapter.
PM-401.3 Alternative devices: In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the building code listed in Chapter 8 shall be permitted.
SECTION PM-402.0 DEFINITIONS.
PM-402.1 General: The following words and terms shall, for the purposes of this chapter and as stated elsewhere in this code, have the meanings shown herein.
Habitable space: Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
Openable area: That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
Ventilation: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
SECTION PM-403.0 LIGHT.
PM-403.1 Habitable spaces: Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total window area, measured between stops, for every habitable space shall be 8% of the floor area of such room, except in kitchens where artificial light is provided in accordance with the provisions of the building code listed in Chapter 8. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet (914 mm) from the window and extended to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.
PM-403.2 Common halls and stairways: Every common hall and stairway, other than in one- and two-family dwellings, shall be lighted at all times with at least a sixty-watt standard incandescent light bulb or equivalent for each 200 square feet (19 m2) of floor area, provided that the spacing between lights shall not be greater than 30 feet (914 mm). Every exterior stairway shall be illuminated with a minimum of one footcandle (11 lux) at floors, landings and treads.
PM-403.3 Other spaces: All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of space and utilization of the appliances, equipment and fixtures.
PM-403.4 Basement and cellars: Basement or cellar dwelling units or rooms completely or partially below grade shall not be used for living or sleeping purposes unless:
1. Floors and walls are watertight and so insulated as to prevent entry of moisture.
2. Total window area, total openable area and ceiling height are in accordance with this code.
3. Required minimum window area of every habitable room is entirely above grade of the ground adjoining such window area.
4. Each basement dwelling unit shall be provided with two means of egress leading directly to the outdoors.
SECTION PM-404.0 VENTILATION.
PM-404.1 Habitable spaces: Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45% of the minimum glazed area required in Section PM-403.1.
PM-404.2 Bathrooms and toilet rooms: Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section PM-404.1, except that a window shall not be required in spaces equipped with a mechanical ventilation system that complies with the following:
1. Air exhausted by a mechanical ventilation system from a bathroom within a dwelling unit shall be exhausted to the exterior and shall not be recirculated to any space, including the space from which such air is withdrawn.
2. Air exhausted by a mechanical ventilation system from all other bathrooms or toilet rooms shall be exhausted to the exterior without recirculation to any space, or not more than 85% of the exhaust air shall be recirculated where the system is provided with effective absorption and filtering equipment.
PM-404.3 Cooking facilities: Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormitory unit.
Exception: Where specifically approved in writing by the code official.
PM-404.4 Process ventilation: Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space.
PM-404.5 Clothes dryer exhaust: Clothes dryer venting systems shall be independent of all other systems and shall be vented in accordance with the manufacturer's instructions.
SECTION PM-405.0 OCCUPANCY LIMITATIONS.
PM-405.1 Privacy: Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
PM-405.1a Minimum gross floor area: Every dwelling unit shall contain a minimum gross floor area of not less than 175 square feet for the first occupant, and 125 square feet for each additional occupant.
PM-405.2 Access from sleeping rooms: Sleeping rooms shall not constitute the only means of access to other sleeping rooms or habitable spaces.
Exception: Dwelling units that contain fewer than two bedrooms.
PM-405.3 Area for sleeping purposes: Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor area for each occupant thereof.
[Ord. No. 14-17]
PM-405.4 Water closet accessibility: Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom.
PM-405.5 Minimum Occupancy Area Requirements:
Space
Minimum Occupancy Area in Square Feet
1-2
3-5
6-10
11-15
16 or more
Living Room
No requirements
145
175
225
260
Dining Room-1
No requirements
100
120
150
180
Kitchen
50
70
85
120
145
Bedrooms
Shall comply with Section PM-405.3
Note a. See Section PM-405.6 for combined living room/dining room spaces.
Note b. 1 square foot = 0.093m2.
PM-405.6 Combined spaces: Combined living room and dining room spaces shall comply with the requirements of Table PM-405.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
PM-405.7 Prohibited occupancy: Kitchens, nonhabitable spaces and interior public areas shall not be occupied for sleeping purposes.
PM-405.8 Minimum ceiling heights: Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than 7.5 feet.
PM-405.9 Minimum room widths: A habitable room, other than a kitchen, shall not be less than seven feet (2,134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (914 mm) between counterfronts and appliances or counterfronts and walls.
PM-405.10 Food preparation: All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
SECTION PM-406 CHANGE OF USE.
PM-406 Change of use: If a change in the use of a building shall result, it shall be unlawful to alter, renovate, or add additional dwelling units to any building or structure without first obtaining constructions permits and all required approvals.
a. It shall be the responsibility of the owner of the building or structure that has been altered to prove that the use is a legal conforming use.
b. It shall be unlawful to occupy or use the altered building or structure until all applicable construction and other required approvals are received.
c. Any and all alterations, renovations or additions to any building or structure which have been performed without first obtaining construction permits and all required approvals, shall be removed by the owner of the building or structure.
Chapter PM-5
Plumbing Facilities and Fixture Requirements
SECTION PM-501.0 GENERAL.
PM-501.1 Scope: The provisions of this chapter shall govern the minimum plumbing facilities and plumbing fixtures to be provided.
PM-501.2 Responsibility: The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this chapter.
SECTION PM-502.0 DEFINITIONS.
PM-502.1 General: The following words and terms shall, for the purposes of this chapter and as stated elsewhere in this code, have the meanings shown herein.
Bathroom: A room containing plumbing fixtures including a bathtub or shower.
Plumbing fixture: A receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises, and demands a supply of water therefrom; or discharges waste water, liquid-borne waste materials, or sewage either directly or indirectly to the drainage system of the premises; or which requires both a water supply connection and a discharge to the drain system of the premises.
Toilet room: A room containing a water closet or urinal but not a bathtub or shower.
SECTION PM-503.0 REQUIRED FACILITIES.
PM-503.1 Dwelling units: Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located.
PM-503.2 Rooming houses: At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.
PM-503.3 Hotels: Where private water closets, lavatories, and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each 10 occupants.
PM-503.4 Employee's facilities: A minimum of one water closet, one lavatory and one drinking facility shall be available to employees.
PM-503.4.1 Drinking facilities: Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler, or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.
SECTION PM-504.0 TOILET ROOMS.
PM-504.1 Privacy: Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior.
PM-504.2 Location: Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway.
PM-504.3 Location of employee toilet facilities: Toilet facilities shall have access from within the employee's regular working area. The required toilet facilities shall be located not more than one story above or below the employee's regular working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or public customer facilities.
SECTION PM-505.0 PLUMBING FIXTURES.
PM-505.1 General: All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designated. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
PM-505.2 Fixture clearances: Plumbing fixtures shall have adequate clearances for usage and cleaning.
SECTION PM-506.0 WATER SYSTEM.
PM-506.1 General: Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water.
PM-506.2 Contamination: The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood level rim of the fixture. Shampoo basin faucets, janitor sink faucets, and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.
PM-506.3 Supply: The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
PM-506.4 Water heating facilities: Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 120° F. nor more than 140°. A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.
SECTION PM-507.0 SANITARY DRAINAGE SYSTEM.
PM-507.1 General: All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
PM-507.2 Maintenance: Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.
SECTION PM-508.0 STORM DRAINAGE.
PM-508.1 Intent and Purpose: The implementation of this section will aid the Township by limiting and reducing the inflow of additional water into the sanitary sewer systems. By prohibiting the discharge of water from any roof, surface ground, sump pump, swimming pool, other natural precipitation, and other sources of inflow into the Township's sanitary sewer system, the Township is seeking to reduce costs as well as protect against other damaging effects. The Township's sanitary sewer system will and has on occasions in the past been overloaded and flooded thereby creating the potential to cause significant damage or threat to individual's property as well as the system. Further, all water that enters the system must be treated at the Middlesex County Utility Authority sewage treatment plant. Therefore, by reducing and eliminating this inflow of "clean water" into the sanitary sewer system and the subsequent unnecessary treatment, the expenses to the Township and the citizen will be reduced and will assist in protecting the health, safety and welfare of the residents of the Township and in protecting the environment in general.
[Ord. No. 11-26]
PM-508.2 Violations.
a. Prohibited Discharges. No person or entity shall discharge or cause to be discharged any stormwater, groundwater, roof runoff, yard drainage, yard fountain, swimming pool, pond, overflow, or any other substance other than sanitary sewage into the sanitary sewer collection system. No person, business or other entity shall discharge or cause to be discharged any hazardous substances into the sanitary sewer collection system. Any discharge from a sump pump shall be made to the grounds adjacent to the structure that the sump pump serves and in a manner to prevent the accumulation of stagnant water thereon, or on adjacent properties.
b. Amnesty Period for Disconnection.
i. On or before December 31, 2012, any person, business, or other entity who shall have a connection described above and who shall voluntarily report said connection to the Township, so that said illicit connection shall be remedied, shall have any and all permit, connection and inspection fees waived by the Township. This waiver of fees applies only to Township fees and does not include the actual cost of remediation.
ii. After December 31, 2012, any person, business, or other entity who shall have a connection described above, and shall fail to voluntarily report such connection by December 31, 2012 shall be liable for all permit fees, inspection fees, and connection fees as required by the Township to remedy the illicit connection.
c. Manner of Disconnection.
i. Any property owner, tenant, landlord, or other person with a property interest who shall have a connection in violation of this Ordinance, or not obtained a waiver pursuant to Section PM-508.7, shall immediately remove such connection and correct such situation. If not removed or corrected within 120 calendar days after receiving a Notice of Violation which has been personally delivered or delivered via certified mail, the Township shall impose a Surcharge as defined and in the amount provided for in Section PM-508.4.
ii. All disconnections of said illicit connections shall be accomplished by a complete and permanent method and performed in a competent manner and approved and inspected by the Township Building Inspector, any Township sub-code inspector, Township Fire Code official and/or Borough Engineer. Any disconnection, plugging, capping, re-routing, altering, or modifying must be done in accordance with all applicable state and municipal building codes.
iii. Upon issuance of the Surcharge pursuant to Section PM 508.4, if the property owner, tenant, landlord, or other person with a property interest remedies the illicit connection, said property owner, tenant, landlord, or other person with a property interest shall call the Township's Building Department for an inspection of the connection by the Township's Building Inspector, a Township sub-code inspector, Township Fire Code official or Township Engineer, and upon certification that the illicit connection has been remedied, the Surcharge shall be lifted, beginning the month following the inspection and certification. If, however, on a subsequent and periodic inspection for which a property was subject to the Surcharge, the illicit connection exists, the Surcharge amount as provided for in Section PM 508.4 shall be calculated from the previous inspection date.
[Ord. No. 11-26]
PM-508.3 Inspections: The Building Inspector, Township Engineer, Township Fire Code official and/or Township sub-code inspector, as long as they display the proper credentials and identification, shall be permitted to request entrance to any property for the purpose of inspecting, observing, testing and sampling to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system in accordance with this Ordinance.
Any owner, tenant, landlord, or other person with a property interest who shall refuse entrance to the Building Inspector, Township Engineer, Township Fire Code official or Township sub-code inspector, shall immediately become subject to the monthly Surcharge noted in Section PM-508.4 of this Ordinance. Said property shall remain subject to the monthly Surcharge until such time as an inspection is permitted to ensure compliance by the Township of all terms of this Ordinance.
[Ord. No. 11-26]
PM-508.4 Surcharge.
a. A surcharge of $50 per month (the "Surcharge") is hereby imposed upon every sewer utility bill to property owners, tenants, landlords, or other persons with a property interest for the following conditions:
i. Failure to comply with this Ordinance.
ii. Refusal to permit inspection.
b. If the Surcharge is not paid and received by the Township, a lien shall be imposed upon the property as per N.J.S.A. 40:14B-42.
c. Said Surcharge shall remain on the property and sewer utility bill until such time as the Township Building Inspector or Township Engineer certifies that the property owner, tenant, landlord, or other person with a property interest is in full compliance with this Ordinance.
[Ord. No. 11-26]
PM-508.5 Appeal of Surcharge: Any property owner who shall be assessed a Surcharge pursuant to this Ordinance shall have a right to appeal to the Municipal Court for the purposes of proving compliance with this Ordinance.
[Ord. No. 11-26]
PM-508.6 Municipal Assistance: The Township shall assist and provide guidance to any property owner, tenant, landlord, or other person with a property interest in remedying the situation as it involves a matter of public concern to the resident's health, safety and welfare of the community in remedying the illicit connection. Except as specifically set forth in this Ordinance, all costs associated to comply with this Ordinance shall be borne by the property owner, tenant, landlord, or other person with a property interest.
[Ord. No. 11-26]
PM-508.7 Waiver: Any person, business, or other entity, who shall by inspection or voluntary reporting is determined to be in violation of any section of this Ordinance, shall be permitted to file for a waiver of the Surcharge requirement of this Ordinance, if they can prove that they have exhausted all possible remedial measures. Remedial measures include but are not limited to the installation of a dry-well, the connection to a storm sewer, and/or use of one's own property for discharge of the water so long as such discharge does not adversely affect any neighboring property owner. Upon certification of the Building Inspector and/or Township Engineer, the person, business, or other entity shall be granted such waiver, but only for such time as to when a remedy becomes available. If such remedy is made available by the Township, the Township shall notify the person, business, or other entity, that they shall comply with this Ordinance within 120 days of receiving said notice. Failure to comply will result in the imposition of a Surcharge as per Section PM-508.4.
[Ord. No. 11-26]
PM-508.8 Maintenance of Sump Pumps: Sump Pumps shall be maintained in good repair and free from all obstructions.
[Ord. No. 11-26]
Chapter PM-6
Mechanical and Electrical Requirements
SECTION PM-601.0 GENERAL.
PM-601.1 Scope: The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided.
PM-601.2 Responsibility: The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter.
SECTION PM-602.0 HEATING FACILITIES.
PM-602.1 Facilities required: Heating facilities shall be provided in structures as required by this section. Every dwelling shall be provided with heating facilities capable of maintaining a room temperature of 65° F. (18° C.) in all habitable rooms, bathrooms and toilet rooms based on the outside design temperature required for the locality by the mechanical code listed in Chapter 8.
PM-602.2.1 Heat supply: Where any occupant undertakes by contract, or as a condition of his letting, to supply his own heat through a furnace or boiler which also heats a dwelling unit or rooming unit occupied by other persons, the occupant shall be responsible for supplying heat in accordance with the provisions of subsection 602.1. It shall be the responsibility of the owner or operator to maintain heat in every habitable space. Whenever the outside temperature of a structure falls below 55° F. between September 15 through May 31 heat shall be maintained at 68° F. between the hours of 6:00 a.m. and 11:00 p.m., and 65° F. between the hours of 11:00 p.m. and 6:00 a.m. Any owner or operator who has an express contractual arrangement with an occupant under which the occupant undertakes to supply his own heat through facilities under the occupant's exclusive control shall be excepted from the requirement to supply heat.
PM-602.2.2 Room temperature exception: When the outdoor temperature is below the outdoor design temperature required for the locality by the mechanical code listed in Chapter 8, 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 full open position.
PM-602.3 Nonresidential structures: Every enclosed occupied work space shall be supplied with sufficient heat during the period from September 15 to May 31 to maintain a temperature of not less than 65° F. (18° C.) during all working hours.
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 activities.
PM-602.4 Room temperature measurement: The required room temperatures shall be measured at a point three feet (914 mm) above the floor and three feet (914 mm) from the exterior walls.
SECTION PM-603.0 MECHANICAL EQUIPMENT.
PM-603.1 Mechanical equipment: All mechanical equipment, fireplaces and solid fuel-burning appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.
PM-603.2 Equipment access: Access to outdoor mechanical equipment shall be maintained under all weather conditions.
PM-603.3 Cooking and heating equipment: All cooking and heating equipment, components and accessories in every heating, cooking and water-heating device shall be maintained free from leaks and obstructions.
PM-603.4 Flue: All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.
Exception: Fuel-burning equipment and appliances which are labeled for unvented operation.
PM-603.5 Clearances: All required clearances to combustible material shall be maintained.
PM-603.6 Safety controls: All safety controls for fuel-burning equipment shall be maintained.
PM-603.7 Combustion air: A supply of air for complete combustion of the fuel and for ventilation of the space shall be provided for the fuel-burning equipment.
PM-603.8 Energy conservation devices: Devices purporting to reduce fuel consumption by attachment to a fuel-burning appliance, to fuel supply line thereto, or to vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved.
SECTION PM-604.0 ELECTRICAL FACILITIES.
PM-604.1 Facilities required: Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section PM-605.0.
PM-604.2 Service: The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70 listed in Chapter 8. Every dwelling shall be served by a main service that is not less than 60 amperes, three wires.
PM-604.3 Electrical system hazards: Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.
SECTION PM-605.0 ELECTRICAL EQUIPMENT.
PM-605.1 Installation: All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.
PM-605.2 Receptacles: Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded type receptacle. Every bathroom shall contain at least one approved receptacle.
PM-605.3 Lighting fixtures: Every public hall, interior stair-way, water closet compartment, bathroom, laundry room and furnace room shall contain at least one electric lighting fixture.
SECTION PM-606.0 ELEVATORS, ESCALATORS AND DUMBWAITERS.
PM-606.1 General: Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate properly, and to be free from physical and fire hazards.
PM-606.2 Elevators: In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied.
Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.
Chapter PM-7
Fire Safety Requirements
SECTION PM-701.0 GENERAL.
PM-701.1 Scope: The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.
PM-701.2 Responsibility: The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this chapter.
SECTION PM-702.0 MEANS OF EGRESS.
PM-702.1 General: A safe, continuous and unobstructed means of egress shall be provided from the interior of a structure to a public way.
PM-702.2 Exit capacity: The capacity of the exits serving a floor shall be sufficient for the occupant load thereof as determined by the building code listed in Chapter 8.
PM-702.3 Number of exits: In nonresidential buildings, every occupied story more than two stories above grade shall be provided with not less than two independent exits. In residential buildings, every story exceeding two stories above grade shall be provided with not less than two independent exits. In stories where more than one exit is required, all occupants shall have access to at least two exits. Every occupied story which is both totally below grade and greater than 2,000 square feet (186 ms) shall be provided with not less than two independent exits.
Exception: A single exit is acceptable under any one of the following conditions:
1. Where the building is equipped throughout with an automatic sprinkler system and an automatic fire detection system with smoke detectors located in all corridors, lobbies and common areas.
2. Where the building is equipped throughout with an automatic fire detection system and the exit is an approved smoke-proof enclosure or pressurized stairway.
3. Where an existing fire escape conforming to the building code listed in Chapter 8 is provided in addition to the single exit.
4. Where permitted by the building code listed in Chapter 8.
PM-702.4 Arrangement: Exits from dwelling units, rooming units, guestrooms and dormitory units shall not lead through other such units, or through toilet rooms or bathrooms.
PM-702.5 Exit signs: All means of egress shall be indicated with approved "Exit" signs where required by the building code listed in Chapter 8. All "Exit" signs shall be maintained visible and all illuminated "Exit" signs shall be illuminated at all times that the building is occupied.
PM-702.6 Corridor enclosure: All corridors serving an occupant load greater than 30 and the openings therein shall provide an effective barrier to resist the movement of smoke. All transoms, louvers, doors and other openings shall be closed or shall be self-closing.
Exceptions:
1. Corridors in occupancies in other than Use Group H which are equipped throughout with an automatic sprinkler system.
2. Patient room doors in corridors in occupancies in Use Group 1-2 where smoke barriers are provided in accordance with the fire prevention code listed in Chapter 8 are not required to be self-closing.
3. Corridors in occupancies in Use Group E where each room that is occupied for instruction or assembly purposes has at least one-half of the required means of egress doors opening directly to the exterior of the building at ground level.
4. Corridors that are in compliance with the building code listed in Chapter 8.
PM-702.7 Dead-end travel distance: All corridors that serve more than one exit shall provide direct connection to such exits. The length of a dead-end corridor shall not exceed 35 feet (10,668 mm) where the building is not equipped throughout with an automatic sprinkler system. The dead-end travel distance limitation shall be increased to 70 feet (21,336 mm) where the building is equipped throughout with an automatic sprinkler system.
PM-702.8 Aisles: Arrangements of chairs or table and chairs shall provide for ready access by aisle accessways and aisles to each egress door. The minimum clear width of each aisle in occupancies in Use Groups A, E and I-2 shall be maintained in accordance with the requirements of the building code listed in Chapter 8. In all other occupancies, aisles shall have a minimum required clear width of 44 inches (1,118 mm) where serving an occupant load greater than 50, and 36 inches (914 mm) where serving an occupant load of 50 or less. The clear width of aisles shall not be obstructed by chairs, tables or other objects.
PM-702.9 Stairways, handrails and guards: Every exterior and interior flight of stairs having more than four risers, and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) nor more than 42 inches, (1,067 mm) high, measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, balcony, porch, deck, ramp or other walking surface.
PM-702.10 Information signs: A sign shall be provided at each floor landing in all interior stairways more than three stories above grade, designating the floor level above the floor of discharge. All elevator lobby call stations on all floor levels shall be identified by approved signs in accordance with the requirements for new buildings in the building code listed in Chapter 8.
Exception: The emergency sign shall not be required for elevators that are part of an accessible means of egress complying with the building code listed in Chapter 8.
PM-702.11 Locked doors: All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except as provided for in Section PM-702.11.1.
PM-702.11.1 Locks permitted: Locks or fasteners shall not be installed on egress doors except in accordance with the following conditions:
1. In problem security areas, special-purpose door alarms or locking devices shall be approved prior to installation. Manually operated edge or surface-molded flush bolts are prohibited.
2. Where the door hardware conforms to that permitted by the building code listed in Chapter 8.
PM-702.12 Emergency escape: Every sleeping room located in a basement in an occupancy in Use Group I-1 or R shall have at least one openable window or exterior door approved for emergency egress or rescue; or shall have access to not less than two approved independent exits.
Exception: Buildings equipped throughout with an automatic fire suppression system.
PM-702.12.1 Security: Bars, grilles or screens placed over emergency escape windows shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the window.
SECTION PM-703.0 ACCUMULATIONS AND STORAGE.
PM-703.1 Accumulations: Rubbish, garbage or other materials shall not be stored or allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress.
PM-703.2 Hazardous material: Combustible, flammable, explosive or other hazardous materials, such as paints, volatile oils and cleaning fluids, or combustible rubbish, such as wastepaper, boxes and rags, shall not be accumulated or stored unless such storage complies with the applicable requirements of the building code and the fire prevention code listed in Chapter 8.
SECTION PM-704.0 FIRE RESISTANCE RATINGS.
PM-704.1 General: The fire resistance rating of floors, walls, ceilings, and other elements and components shall be maintained.
PM-704.2 Maintenance: All required fire doors and smoke barriers shall be maintained in good working order, including all hardware necessary for the proper operation thereof. Fire doors shall not be held open by door stops, wedges, and other unapproved hold-open devices.
SECTION PM-705.0 FIRE PROTECTION SYSTEMS.
PM-705.1 General: All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be properly maintained.
PM-705.2 Fire suppression system: Fire suppression systems shall be in proper operating condition at all times.
PM-705.2.1 Valves: Control valves shall be in the fully open position.
PM-705.2.2 Sprinklers: Sprinklers shall be clean and free from corrosion, paint and damage. Stock shall be at least 18 inches (457 mm) below sprinkler deflectors.
PM-705.2.3 Piping: Piping shall be properly supported and shall not support any other.
PM-705.3 Standpipe systems: Standpipe systems shall be in proper operating condition at all times.
PM-705.3.1 Valves: Water supply control valves shall be in the fully opened position.
PM-705.3.2 Hose connections: Hose connections shall be identified and have ready access thereto.
PM-705.3.3 Hose: Where provided, the hose shall be properly packed, dry and free from deterioration.
PM-705.4 Fire extinguishers: All portable fire extinguishers shall be visible, provided with ready access thereto, and maintained in an efficient and safe operating condition. Extinguishers shall be of an approved type.
PM-705.5 Smoke detectors: A minimum of one approved single-station or multiple-station smoke detector shall be installed in each guestroom, suite or sleeping area in occupancies in Use Groups R-1 and I-1, and in dwelling units in the immediate vicinity of the bedrooms in occupancies in Use Groups R-2 and R-3. In all residential occupancies, smoke detectors shall be required on every story of the dwelling unit, including basements. In dwelling units with split levels and without an intervening door between the adjacent levels, a smoke detector installed on the upper level shall suffice for the adjacent lower level, provided that the lower level is less than one full story below the upper level.
PM-705.5.1 Installation: All detectors shall be installed in accordance with the building code listed in Chapter 8. When activated, the smoke detectors shall provide an alarm suitable to warn the occupants within the individual room or dwelling unit.
PM-705.5.2 Power source: The power source for smoke detectors shall be either an AC primary power source or a monitorized battery primary power source.
PM-705.5.3 Tampering: Anyone tampering or interfering with the effectiveness of a smoke detector shall be in violation of this code.
PM-705.6 Fire alarm systems: Fire alarm systems shall be in proper operating condition at all times.
PM-705.6.1 Control panel: The "power on" indicator shall be lit. Alarm or trouble indicators shall not be illuminated.
PM-705.6.2 Manual fire alarm boxes: All manual fire alarm boxes shall be operational and unobstructed.
PM-705.6.3 Automatic fire detectors: All automatic fire detectors shall be operational and free from any obstructions that prevent proper operation, including smoke entry.
PM-705.7 Records: A complete written record of all tests and inspections of fire protection systems shall be maintained on the premises by the owner or occupant in charge of said premises.
SECTION PM-706.0 ELEVATOR RECALL.
PM-706.1 Required: All elevators having a travel distance of 25 feet (7,620 mm) or more above or below the primary level of elevator access for emergency firefighting or rescue personnel shall conform to the requirements of Rule 211.3 of ASME A17.1 listed in Chapter 8.
SECTION PM-707.0 MECHANICAL EQUIPMENT CONTROL SMOKE DETECTORS/SMOKE DETECTOR SYSTEMS.
PM-707.1 Types of smoke detectors: Smoke detectors shall be Underwriters Laboratories, Inc. (U.L.), Factory Mutual Research Corporation (F.M.) or other nationally recognized testing laboratory listed ionization or photo-electric type units.
a. Single station units shall have the following features: integral alarms capable of emitting a minimum sound intensity of 85 dbA at a ten-foot distance, an easily seen and activated manual unit test button or approved alternative and a power source monitor light or trouble signal. All units shall be listed as conforming to latest NFPA No. 72 standards for design and performance.
PM-707.2 Power source and owner duties: All dwelling unit smoke detectors shall be battery powered single station units and may be installed in dwelling units provided that the following conditions are met:
a. The owner or his representative shall inspect and clean all units and replace batteries in all units annually or as otherwise required per manufacturer's printed recommendations.
b. The owner of a two-family dwelling shall supply each occupant with a copy of the manufacturer's printed instructions for the testing of the installed unit(s).
c. The owner of a two-family dwelling who has been notified by an occupant, that such occupant is unable to perform the required monthly testing of detector units in his dwelling or have this performed by a member of his household, shall perform such monthly testing.
d. In all common areas, the owner or his representative shall test all smoke detectors and/or detection systems monthly and maintain them as per manufacturer's recommendations.
PM-707.3 Required location of smoke detectors in dwelling units: Dwelling units in one and two family dwellings shall have smoke detectors installed at locations as follows:
a. Each dwelling unit shall have a minimum of one approved single station smoke detector located in close proximity to each sleeping area. Smoke detectors shall be located so that the maximum distance from the detector to any sleeping area exit door shall not exceed 10 feet.
b. A basement, cellar or attic directly connected to a dwelling unit and used by the occupants of that unit only shall have a minimum of one approved smoke detector located in the highest ceiling area or at the ceiling of the first floor stair landing or other approved location where the earliest detection of fire would activate the alarm.
PM-707.4 Common area smoke detection requirements: Common areas in all buildings that do not comply with the minimum life safety requirements of the New Jersey Uniform Construction Code shall be required to have an approved system. Alarms shall be located so as to be effectively heard above all other sounds, by all occupants, in every occupied space within the building.
a. All corridors up to 30 feet in length which form part of a means of egress shall have a minimum of one approved smoke detector. An additional smoke detector shall be installed for every additional 30 feet or part thereof. Detectors shall be so located as to provide most complete coverage.
b. All interior stairways in buildings not enclosed by a minimum one hour fire-rated separation from other common areas and/or dwelling units shall have approved smoke detectors installed at each floor-level at either the ceiling of the landing or the high point of the sloped staircase soffit.
c. All basements, cellars or attics which lack a minimum one fire-rated smooth ceiling surface shall have approved smoke detectors installed at spacings not to exceed 300 square feet of floor space coverage per smoke detector, unless the detector is listed for a greater allowable space.
d. All basements, cellars or attics which have an existing approved minimum of one hour fire-rated ceiling assembly shall have a minimum of one approved smoke detector per 625 square feet of area, unless the detector is listed for a greater allowable spacing.
e. All other use groups within the same fire area shall be considered as common area when not separated by fire assemblies of two hour construction.
f. Any mechanical room containing appliances for both dwelling units.
PM-707.5 Substitution of heat detectors: With the approval of the fire subcode official, heat detectors may be substituted for smoke detectors in those locations where frequent nuisance alarms would be likely to occur.
PM-707.6 All smoke detector systems shall require permits and inspections as per the State of New Jersey Uniform Construction Code.
Chapter PM-8
Responsibilities of Persons
SECTION PM-800.0 DUTIES AND RESPONSIBILITIES OF OCCUPANTS: RESIDENTIAL.
PM-800.0 Occupancy and reports where violations exist: Occupants shall not after notice as required hereafter occupy or continue to occupy premises which are substandard by reason of failure of the dwelling unit or rooming unit occupied by them or the dwelling or premises to conform to and comply with the requirements of this code. Upon discovery by the occupant of any condition on premises, occupied by the occupant which constitutes a violation hereof, the occupant shall report the same to the public officer responsible for enforcement hereunder.
PM-800.1 Garbage disposal and personal accumulations: Occupants shall place all garbage in the receptacles provided for garbage disposal and shall, where janitor service is not supplied, place for disposal all garbage and other refuse in garbage cans located in the exterior of the premises in an area designated and set forth for this disposal, but such containers may not be stored in the area between dwellings and street side lines or on streets. Where janitorial service for the removal of garbage and other refuse to the exterior of the premises is provided by the owner or operator, then the occupant shall dispose of garbage and other refuse in containers provided therefor by the owner or operator in designated and enclosed areas in the interior of the premises. Garbage and other refuse shall not be thrown out of windows or down dumbwaiters, nor shall garbage and refuse be set out on stairways or fire escapes or in common hallways. All fire escapes, stairways, and common hallways shall be kept free of accumulations of personal belongings. All dumbwaiters shall be operative at all times where in existence and used as a regular part of the garbage disposal system.
PM-800.2 Infestation elimination: Every occupant of a single family dwelling shall be responsible for the elimination of infestation in the dwelling on the premises. Every occupant of a dwelling shall be responsible for eliminating all conditions causing infestation which are caused by the occupant, and also those conditions which are subject to and under his exclusive control.
PM-800.3 Plumbing maintenance: Every occupant or operator shall maintain all plumbing fixtures used by him in a clean and sanitary condition and he shall not deposit any material in any fixture or sewer system which would result in stoppage of or damage to the fixtures or sewer system.
PM-800.4 Wiring: No loose cords or loose extension lines in excess of six feet in length shall be permitted and no ceiling or wall fixture shall be used to supply power to equipment other than that for which they are designed.
PM-800.5 Notice of defect to owner: Where the owner or operator would not otherwise know of a defect of any facility, utility, or equipment required to be furnished hereunder and the same is defective or inoperable, each occupant or owner affected thereby shall upon learning of the defect, provide notice to the owner, operator, or other person in charge of the premises. Nothing herein shall be construed to provide a defense to any owner or operator violating this code.
PM-801.0 Occupancy: No occupant shall occupy or permit the occupancy of any rooming unit or dwelling unit in violation of the occupancy standards established in subsection 405.5. No occupant shall occupy or continue to occupy a dwelling unit or rooming unit that does not have provision for bathroom facilities.
PM-801.1 Cooking: No occupant shall cook in any dwelling unit except where all the required facilities are installed as required under this Code.
PM-801.2 Violations by minors: Any adult member of the family shall be responsible and liable for any violation of the stated subsection caused by minors under their care or custody occupying the same dwelling unit if the violations were created or permitted to continue with the knowledge or acquiescence of consent of the adult member.
PM-801.3 Miscellaneous provisions: Owners, occupants and their guests are prohibited from walking, standing, sitting or lying on the roof or fire escape of any building except in the case of emergency or to effectuate repairs.
PM-801.4 Owners, occupants and their guests are prohibited from placing residential furniture on the roof or porch of any building: Owner and occupants of the premises are responsible for eliminating and preventing violations of the above provision.
PM-801.5 Owners, occupants and their guests are prohibited from placing or utilizing any cooking devices on the roof of any building.
PM-801.6 Owners and occupants of the premises are responsible for eliminating and preventing any violations of the above provision.
REFERENCED STANDARDS
This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgating agency of the standard, the standard identification, the effective date and title, and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section PM-101.4
ASME
American Society of Mechanical Engineers
345 East 47th Street
New York, New York 10017
Standard reference number
Title
Referenced in Code Section number
A17.1-93
Safety Code for Elevators and Escalators — with 1994 Addenda (A17.1a)
PM-706.1
CODES*
Building Officials and Code
Administrators International, Inc.
4051 West Flossmoor Road
Country Club Hills, Illinois 60478-5795
Standard reference number
Title
Referenced in Code Section number
BNBC — 96
BOCA National Building Code
PM-101.7
PM-201.3, PM-201.3, PM-202.0, PM-401.2, PM-403.1, PM-702.2, PM-702.3, PM-702.5, PM-702.6, PM-702.8, PM-702.10, PM-702.11.1, PM-703.2, PM-705.5.1
Standard reference number
Title
Referenced in Code Section number
BNBC-96
BOCA National Building Code
PM-101.7
BNFPC-96
BOCA National Fire Prevention Code
PM-702.6
PM-703.2
IMC-96
ICC International Mechanical Code
PM-101.7
PM-102.3, PM-602.2, PM-602.2.2, PM-707.1
IPC-95
ICC International Plumbing Code -with 1996 Supplement
PM-101.7
PM-201.3, PM-502.1
*All BOCA and ICC publications are available from BOCA
NFPA
National Fire Protection Association
Batterymarch Park
Quincy, Massachusetts 02269
Standard reference number
Title
Referenced in Code Section number
70 — 96
National Electric Code
PM-101.7
PM-604.2
[1]
Editor's Note: References to Chapter 8 refer to Chapter PM-8 of the Property Maintenance Code of Piscataway Township as contained in this Section 17-1.
[1]
Editor's Note: Refer also to the Rules for Maintenance of Hotels and Multiple Dwellings (N.J.A.C. 5:10) from the State of New Jersey Department of Community Affairs. (November 20, 1995)
[1972 Code § 12-7.1]
The Township Council deems it necessary for the health, safety, morals and general public welfare to regulate the use of and establish minimum standards governing the maintenance, appearance, condition and occupancy of hotels and multiple dwellings in the Township.
[1972 Code § 12-7.2]
Owners, agents of owners, managing agents and superintendents shall have the general duties outlined in this section for maintenance of the premises. No person shall be relieved of any responsibility hereunder by reason that an occupant or other person shall have similar responsibilities or shall have failed to report any violation; nor shall any person be relieved of any responsibility by the terms of any lease, contract or agreement.
[1972 Code § 12-7.3]
a. 
Cleanliness and Freedom from Hazards. The owner of any hotel or multiple dwelling shall be responsible for keeping all the premises for which he is responsible clean and free of infestation and hazards to the health or safety of occupants or other persons near the premises.
b. 
Freedom from Nuisances. The owner shall be responsible for avoiding, eliminating or abating any noise, light, odor, radiation or vibration arising from the use or occupancy of the premises which shall constitute a nuisance harmful to the health and well-being of persons of ordinary sensitivity occupying the premises.
c. 
Basic Maintenance of Dwelling Spaces. Every unit within a dwelling shall be so maintained as to be fit for human use and habitation and to prevent progressive deterioration of the unit to the detriment of the health and safety of the occupants.
d. 
Maintenance of Exterior Grounds. The exterior of the premises shall be kept free of all nuisances, insanitary conditions and hazards to the safety or health of occupants, pedestrians or other persons utilizing the premises. Any of the foregoing conditions shall be promptly abated by the owner or operator. The owner or operator shall keep the premises free of such conditions which include, but are not limited to, the following:
1. 
Refuse, brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, refuse and debris.
2. 
Dead and dying trees and limbs or other natural growth, deteriorating conditions of which by reason of rotting or storm damage constitute a hazard. Trees shall be kept pruned to prevent such conditions.
3. 
Loose and overhanging objects and accumulations of ice and snow which are in danger of falling.
4. 
Holes, excavations, breaks, projections, obstructions, litter, icy conditions, uncleared snow and excretion of pets and other animals on paths, walks, driveways, parking lots and parking areas and other parts of the premises. Holes and excavations shall be filled and repaired, walks and steps replaced and other conditions removed where necessary to eliminate hazards or insanitary conditions, upon their discovery.
5. 
Ice and snow which shall be removed from all paths, walks, driveways, and parking areas within 24 hours after accumulation.
6. 
Accumulations of water, vegetation or other matter which might serve as a source of food or as a harboring or breeding place for infestation.
7. 
Walks, courts and other paved areas which shall be kept clean and free of litter, dirt, mud or other conditions hazardous to pedestrians.
e. 
Drainage. All parts of the premises shall be graded and where necessary provided with run-off drains and other means to carry off and dispose of surface waters in such a manner as to eliminate recurrent or excessive accumulations of storm water on the premises without causing excessive accumulations of water on adjoining properties.
1. 
Parts of the premises regularly used by occupants shall drain within one hour of the termination of any storm creating surface waters.
2. 
Other parts of the premises not covered under the above paragraph shall drain within six hours of the cessation of any storm.
[1972 Code § 12-7.4]
a. 
Foundations. Foundations of all structures shall be kept, maintained and repaired to eliminate all exposed holes, cracks and other defects so that the foundation shall be at all times capable of resisting the penetration of liquids into the building and be weathertight and serve to protect the building against infestation. They shall also be maintained to prevent or correct erosion around footings.
b. 
Drainage. Leaders and drainpipes shall be securely fastened to the building and maintained in good condition free of leaks, kept clean and free of obstructions, and shall direct storm waters into draining systems and away from the foundation walls of the structure.
[1972 Code § 12-7.5]
a. 
Garages and Accessory Structures. Every garage or other accessory structure regularly utilized by occupants after dark shall be equipped with artificial lighting which shall be maintained and operated so as to render all parts of the garage that are unlocked and accessible, visible to occupants and also to illuminate all areas commonly used by occupants sufficiently to enable persons of normal vision to travel from the areas safely to the point of egress from the garage. In garages or structures not kept locked, lighting as required shall be kept on continually from 1/2 hour before sunset to 1/2 hour after sunrise. In garages or structures which are locked at all entrances, lighting may be provided which is operated manually by individual occupants in lieu of continual lighting, and the lighting fixtures shall be operable from a switch located near the point of ingress into the space to be lighted. Illumination of common areas shall be situated so as not to shine into adjacent dwelling units.
b. 
Common Areas. Exterior parking areas, pedestrian walkways or other portions of the premises subject to regular and recurrent use by occupants at night shall be illuminated continually from 1/2 hour before sunset to 1/2 hour after sunrise to enable safe passage of persons.
[1972 Code § 12-7.6]
a. 
Provision of Receptacles. Except where an alternative method of providing equivalent health and safety methods is utilized, such as incineration or compaction, there shall be provided for each multiple dwelling noncorrosive impervious and noncombustible receptacles sufficient in size and number to contain waste accumulated in each separate building pending collection either in conformance with the municipal collection schedule or in the absence thereof twice weekly. The receptacles shall be so constructed as to hold their contents without leakage and shall have tight-fitting covers and handles.
b. 
Location of Receptacles. Receptacles for the collection of garbage shall be located so as not to constitute a hazard and located so as to be accessible for the collectors.
c. 
Keeping and Maintenance of Receptacles. Garbage collection receptacles shall be kept covered, maintained in good repair and kept in the area designated for storage of receptacles. All receptacles shall be cleaned with disinfectant at least once a week.
d. 
Waste Disposal Other Than in Receptacles. Disposal of materials not fitting into or appropriate for receptacles, such as newspapers, wrapping paper and inorganic wastes which are likely to be blown or scattered in the streets, shall be secured to prevent littering. Other objects and materials which, because of bulk or size, do not fit into receptacles shall be placed out for collection only at such places as designated for that purpose and at such times as designated by the collection service.
[Added 8-13-2019 by Ord. No. 19-21; amended 3-10-2020 by Ord. No. 2020-06; 5-5-2020 by Ord. No. 2020-13]
a. 
No person shall park, stop, leave or permit any roll-off container, dumpster or other container on public sidewalks or public streets.
b. 
No person shall park, stop, leave, or permit a roll-off container, dumpster or other container to remain on private property without filing a zoning permit application and receiving written approval therefor.
c. 
Only one dumpster or container can be placed on a residentially zoned or occupied property at any one time.
d. 
An approved dumpster or container shall be equipped with markers consisting of all yellow reflective diamond-shaped panels having a minimum size of 18 inches by 18 inches. These panels shall be mounted at the edge of the dumpster or container at both ends.
e. 
The holder of a zoning permit for a dumpster or container may place materials therein only from the site where the dumpster or container is located.
f. 
An approved dumpster or container may not exceed 30 cubic yards in capacity.
g. 
An approved zoning permit may allow for the use of a dumpster or container for up to 30 days. For good cause shown, the Zoning Officer may extend the approved zoning permit for up to an additional 30 days upon receipt of a new zoning permit application.
h. 
This subsection may be enforced by the Township of Piscataway Police Department, Zoning Officer or any Property Maintenance and Code Enforcement Officer.
i. 
Any person, corporation and/or entity violating or neglecting to comply with any provision of this subsection shall be subject to a fine of up to $1,250. Each and every day such violation or noncompliance exists shall constitute a separate offense, and an additional fine may be imposed.
[1972 Code § 12-7.7]
a. 
Duty of Owner. Every owner shall be responsible for the eradication of any insects, rats or other pests when the infestation exists in two or more units or in common areas. All buildings subject to these regulations shall be ratproof and shall be maintained in a condition free from infestation. Such ratproofing and extermination shall include but are not limited to the following:
1. 
Prevention of entrance by blocking off or stopping up at passages by which rats may secure entry from the exterior with rat impervious material.
2. 
Prevention of interior infestation by elimination of sources of food and access thereto.
3. 
Prevention of any vertical travel of vermin through pipe chases or other similar methods of travel.
b. 
Duty of Owner. All hotels and multiple dwellings shall be subject to periodic procedures for the prevention and elimination of infestation by persons qualified to conduct such procedures no less frequently than once annually and more frequently where there is recurring evidence of infestation.
[1972 Code § 12-7.8]
a. 
Heating Standard. Every unit of dwelling space shall contain facilities to provide heat sufficient to maintain a minimum inside temperature of 68° F. in all habitable rooms, measured at least one foot away from any surface at the coldest portion of any dwelling space during winter conditions. This provision shall not apply to units of dwelling space which are neither occupied nor intended to be occupied between November 1 and the next succeeding May 1.
b. 
Adequacy. Where it is determined that the facilities are of inadequate size or capacity to accomplish the foregoing, the owner may be ordered to either increase the capacity of the heating system, provide additional insulation or take such other or further steps as will enable the heating system of the unit to satisfy the requirements; however, nothing herein shall be construed as authorizing loss of habitable space to an extent that would create a violation of these regulations.
c. 
Maintenance. The heating equipment, facilities and system and all parts thereof shall be kept in good operating condition, free of defects, corrosion and deterioration. Heating equipment shall be installed and maintained in such a manner as to avoid leakage of or concentration of liquids, gases and solid matters which may constitute hazards or violations of these regulations. Heating equipment shall not be operated in such a manner as to impair its ability to perform as required or create a hazard anywhere in the system due to excessive temperature. The heating system, including such parts as heating risers, ducts and hot water lines, shall be covered with an insulating material or guard to protect occupants and other persons on the premises from receiving burns due to chance contact.
d. 
When Required. Heating shall be required from October 1 of each year to the next succeeding May 1. Every unit of dwelling space and every habitable room shall be maintained at least at 68° F.
In meeting the aforesaid standards, the owner shall not be responsible for heat loss and consequent drop in the interior temperature arising from action by the occupants in leaving windows or doors open. The owner shall be obliged to supply required fuel or energy and maintain the heating system in good operating condition so that it can supply heat as required, notwithstanding any contractual provision seeking to delegate or shift responsibility to the occupant; except that the owner shall not be required to supply fuel or energy for heating purposes to any unit where the occupant thereof agrees in writing to supply heat to his own unit, and the unit is served by its own exclusive heating equipment for which the source of heat can be separately billed.
e. 
Water. The owner shall provide hot water at all times. The water temperature shall be not less than 110° F. nor more than 130° F.
[1972 Code § 12-7.9]
Driveways shall have two traffic lanes for their entire lengths, in addition to any parking space, except that a single lane may be used for short straight service driveways where two-way traffic is not anticipated. Buildings, walls, fences, planting and other sight obstructions shall be located and designed so that a driver backing out of a garage, carport, or parking space can see approaching traffic speed and volume.
a. 
Surface Maintenance. Driveways and parking areas shall be maintained free of potholes or other unsafe or insanitary conditions.
b. 
Parking Limitations. No parking will be permitted in areas where parking will obstruct ingress of fire-fighting equipment or in approaches to drives.
c. 
Emergency Vehicles. Private streets and approach drives to parking areas shall be kept free of snow, parked vehicles, or other obstacles which would prevent ingress and egress of emergency vehicles such as fire-fighting equipment, ambulance or police vehicles.
[1972 Code § 12-7.10]
a. 
In every dwelling containing six or more dwelling units or rooming units or combinations thereof the owner shall provide or designate a superintendent, janitor, caretaker, or housekeeper who shall at all times maintain the premises in compliance with this section and keep the premises free from filth, garbage, refuse and rubbish, and who shall be responsible for the daily collection of garbage and other refuse from the occupants on a regular schedule and at a reasonable time, and place the same out for collection. The person shall be regularly available on the premises to perform the requirements of this subsection.
b. 
In the event the superintendent, janitor, caretaker, or housekeeper shall not reside on the premises, the owner or operator shall make his name, address and telephone known to all tenants and shall register the same with the Health Officer, and shall also provide the name of an alternative individual in the absence of the superintendent.
c. 
In any premises containing 35 or more dwelling units, rooming units, or combination thereof, the superintendent, janitor, caretaker or housekeeper shall reside on the premises. In any premises containing 70 or more units, he shall be a full-time employee. Where there is more than one building on adjoining premises in near proximity to each other which are in common ownership or under common management, the requirements herein shall apply separately to each building unless the owner or manager can demonstrate to the satisfaction of the Health Officer that proper operation of the premises and provision of all essential services as required can be provided by a resident superintendent, janitor, caretaker or housekeeper of one building, who shall assume responsibility for the other buildings adjoining his place of residence.
d. 
The superintendent, janitor, caretaker or housekeeper shall have sufficient knowledge, competence and responsibility and shall have authority from the owner or operator to attend to or arrange for continual operation of all essential services and facilities required under this section. Where violations arise and the Health Officer is doubtful of the qualifications, competence and sense of responsibility of the superintendent, he shall provide notice to the owner or operator and to the superintendent and thereafter shall provide an oral and written examination or hearing to determine the qualifications, competence and sense of responsibility of the superintendent. In the event the Health Officer shall find such person is not capable of performing the duties required, the Health Officer shall order the owner or operator to provide a suitable person to be placed in charge and to be responsible for the premises.
e. 
The failure of any superintendent to comply with the provisions of this section, even in disobedience of instructions, shall not relieve the owner or operator from the duties and responsibilities imposed by this section.
[1972 Code § 12-7.11]
a. 
Identification Signs.
1. 
Designation of Dwelling Space. Every unit of a dwelling space in hotels and multiple dwellings of six or more units shall have some permanent and legible identification by letter, number or other symbol at or near the front entrance.
2. 
Floor Signs. Floor signs designating the number of the floor shall be posted prominently and maintained permanently near and visible from the entrance to the elevators and stairwells serving each floor.
3. 
Street Number. The street number of the premises shall be posted prominently at the front entrance of the premises and be visible day and night from the public right-of-way adjoining the main front entrance of the premises.
b. 
Minimum Requirements. Except in dormitories or student areas owned and operated by public or private nonprofit institutions of learning, there shall be a minimum usable floor area for the initial occupant of each dwelling space of 120 square feet and 100 square feet additional space for each additional occupant provided, however, that children under the age of one year shall not be considered additional occupants.
[1972 Code § 12-7.12]
The provisions of this section shall be administered and enforced by the Health Officer, Zoning Officer and Director of Public Safety. It shall be the duty of the Zoning Officer, Health Officer and Director of Public Safety, or their duly authorized personnel, to cause any premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of this section and it is their right to enter any building or premises during the daytime in the course of their duties.
[1972 Code § 12-7.13; New]
a. 
Each multi-family dwelling within the Township of Piscataway shall be equipped with a dead lock with interlocking vertical bolt and striker, or a minimum 1/2 inch throw dead bolt, or a minimum 1/2 inch throw self-locking dead latch, on each exterior door or doorway leading to garage areas, public hallways, terraces, balconies, or other areas affording easy access to the premises.
b. 
This subsection shall be enforceable within the Municipal Court of Piscataway against the owner of any multi-family dwelling failing to comply with paragraph a of this subsection. Either the Township Construction Code Official or his designee, or any tenant of a multi-family dwelling alleged to be in violation of this subsection may institute such proceedings. Each violation of this subsection shall be punishable by a fine not to exceed $500. Each door or doorway failing to be brought into compliance with this subsection shall constitute a separate violation.
[Ord. No. 07-25 § 12B-1]
It is deemed necessary that property regulations be set forth concerning the care, upkeep and maintenance of sidewalks in the Township.
[Ord. No. 07-25 § 12B-2]
As used in this section:
a. 
ASSEMBLY — Shall mean a room or space accommodating 50 or more individuals for religious, recreational, educational, political, social or amusement purposes, or for the consumption of food or drink, including all connecting rooms or spaces with a common means of ingress and egress.
b. 
BUSINESS — Shall mean all buildings and structures, or parts thereof, which are used for the transaction of business, for the rendering of professional services, or for other services that involve stocks of goods, wares or merchandise in limited quantities for use incidental to office uses or sample purposes; including among others, offices, banks, civic administrative activities, outpatient clinics, professional services, testing and research laboratories, radio stations, telephone exchanges, motor fuel service stations, and similar establishments. This group shall also include assembly type uses encompassing less than 50 individuals.
c. 
MERCANTILE — Shall mean all building and structures which are used for display and sales purposes involving stocks of goods, wares or merchandise incidental to such purposes and accessible to the public; including among others, retail stores, shops, sales rooms and markets.
d. 
MULTI-FAMILY RESIDENTIAL — Shall mean all residential properties containing three or more dwelling units.
[Ord. No. 07-25 § 12B-3]
It shall be the duty of any owner and occupant of real property within the Township to keep the sidewalk and curb abutting such property maintained and properly repaired so as to minimize any endangerment to the public health, safety and welfare of any individual using the sidewalks.
[Ord. No. 07-25 § 12B-4]
a. 
In accordance with procedures provided by paragraph b., any sidewalk or curb abutting land used for assembly, business, mercantile or multi-family residential purposes which is out of line or grade, or broken, or out of repair, or is otherwise in need of construction or repair, shall be relaid to the line or grade or the broken portions thereof shall be repaired or constructed by the owner and occupant of the land in front of which any such improvements, reconstruction, or repair is to be made. This subsection shall not apply to any sidewalk or curb during the period it is covered by a performance or maintenance bond or any curb or sidewalk which was installed incorrectly by a developer or contractor over which the Township has control.
b. 
Whenever the person designated by resolution to the Township Council determines that such curb or sidewalk work is necessary, he or she shall, upon the adoption by the Township Council of a resolution authorizing such action, cause notice in writing to be served upon the owner and occupants of the lands, requiring the necessary specified work to the curb or sidewalk to be done by the owner and occupant within a period of 30 days from the date of service of the notice. Whenever any lands are unoccupied and the owner cannot be found within the Township or in case such owner is a nonresident of the Township or his or her post-office address cannot be ascertained, then notice shall be given as specified in N.J.S.A. 40:65-14.
[Ord. No. 07-25 § 12B-5]
a. 
In case the owner and occupant of land described in subsection 17-3.4 shall not comply with the requirements of such notice, the Public Works Department of the Township may, upon filing due proof of service of publication of the aforesaid notice in the appropriate department of the Township, cause the required work to be done, and paid for out of Township funds available for that purpose.
b. 
The cost of such work shall be certified by the Public Works Department to the Tax Collector of the Township.
c. 
Upon filing of the certificate, the amount of the cost of such work shall be and become a lien upon the abutting land in front of which such work was done to the same extent that assessments for local improvements are liens in the Township, and shall be collected in the manner provided by law for the collection of such other assessments, and shall bear interests at the same rate.
d. 
In addition thereto, the Township may have an action to recover the same amount against the owner of the lands, in any court having competent jurisdiction thereof.
[Ord. No. 07-25 § 12B-6]
Any person who shall violate subsection 17-3.3 or who shall fail to comply with any notice issued pursuant to subsection 17-3.4 shall, upon conviction thereof, be punished by a fine of not less than $250 and not greater than $2,000. A prosecution under this section may be maintained regardless of whether the Township elects to proceed as authorized under subsection 17-3.5.
[Added 8-11-2020 by Ord. No. 2020-23]
All swimming pools, spas and hot tubs shall be maintained in a clean and sanitary condition and in good state of repair.
a. 
All swimming pools, spas and hot tubs containing water more than 24 inches in depth shall be completely surrounded by a fence or a barrier not less than 48 inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches from the gate post. An existing pool enclosure shall not be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
b. 
Exception. Hot tubs and spas with a safety cover that complies with American Society for Testing and Materials F1346 shall be exempt from the provisions of this section.
Any person who shall violate § 17-4.1 or § 17-4.2 shall, upon conviction thereof, be punished by a fine of no less than $250 and no greater than $2,000.