Township of Maurice River, NJ
Cumberland County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 267 § 1]
a. 
There is hereby established in Maurice River Township, a State Uniform Construction Code enforcing agency to be known as Maurice River Township Construction Bureau, consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official, and such other officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the enforcing agency.
b. 
Each official position created in paragraph a hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended and N.J.A.C. 5:23; provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one (1) such official position may be held by the same person; provided that such person is qualified pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each such position.
c. 
Office Location. The public shall have the right to do business with the enforcing agency at one office location except for emergencies, and unforeseen or unavoidable circumstances.
[Ord. No. 267 § 2]
a. 
Established. There is hereby established a Construction Board of Appeals to hear appeals from decisions by the enforcing agency. The Board shall consist of five (5) members. At least one (1) Board member shall be a registered architect or licensed professional engineer of building construction experience, and at least one (1) Board member shall be qualified as a Plumbing Subcode Official, and one (1) qualified as an Electrical Subcode Official. No more than two (2) Board members shall be selected from the same business or profession. Each Board member shall have had at least three (3) years experience in construction, design or supervision as a licensed engineer or registered architect; or, in the alternative, five (5) years experience in construction, design or supervision as an architect or engineer with a bachelor's degree in architecture or engineering, respectively, from an accredited institution of higher education; or, as a further alternative, ten (10) years experience in construction, design or supervision as a journeyman in a construction trade or as a construction contractor, subcontractor or inspector.
b. 
Appointment of Members. The Township Committee shall appoint the Board members and any alternative members. Appointments shall be made for terms of four (4) years. Vacancies shall be filled for the unexpired terms.
The Township Committee shall appoint such number of alternates, as may be appropriate, for terms not to exceed four (4) years; or may in the alternative, appoint alternates on a case by case basis.
No regular or alternate Board member may be a member of the enforcing agency, the decisions of which are subject to the review of the Board.
c. 
Reimbursement of Expenses. All regular or alternate members of the Construction Board of Appeals will not be compensated for services rendered as members of the Board. However, all regular or alternate members of the Board shall be reimbursed for all necessary expenses incurred by them in the performance of their duties.
[Ord. No. 420 § 3G; Ord. No. 477; Ord. No. 479; Ord. No. 541; Ord. No. 580; Ord. No. 649-2016; Ord. No. 660-2017]
The fee for a construction permit shall be the sum of the basic construction fee plus all applicable special fees, and shall be paid before the permit is issued. Each fee shall be rounded up to the nearest dollar.
a. 
Plan Review Fee. The fee for plan review shall be 20% of the construction permit fee.
b. 
Building Subcode Fees. The building subcode fee shall be:
1. 
New construction, including additions, with finished interior, the fee shall be $0.025 per cubic foot of volume; provided the minimum fee shall be $50.00.
2. 
New construction of accessory buildings with unfinished interior, the fee shall be $0.020 per cubic foot of volume; provided the minimum fee shall be $35.00. Premanufactured accessory buildings under 300 sq. ft. shall be a flat fee of $35.00. Over 300 sq. ft., the fee shall be calculated at $35.00 per $1,000.00 of cost.
3. 
Premanufactured, modular and prebuilt dwellings, the fee shall be $60.00 per $1,000.00 estimated cost of site construction associated with the installation of the home (i.e., foundations, steps, decks, porches, heating systems, plumbing, gas and electrical hookups), provided that the minimum fee shall be $500.00. As per UCC 5:23-4.18C, there shall be no fees for the factory-built portion of the home.
4. 
Farm structures: The fee for qualified farm structures shall be $0.010 per cubic foot of volume with a maximum fee of $1,000.00 per structure. The structure must be used exclusively for farm use and located on a qualified farm pursuant to the Farmland Assessment Act of 1964.
5. 
For renovations, alterations and repairs, the fee shall be $25.00 per $1,000.00 in estimated costs for all residential use groups, and including Use Group U, provided the minimum fee shall be $50.00.
For all other use groups, the fee shall be $35.00 per $1,000.00 in estimated costs, provided the minimum fee shall be $75.00.
6. 
For replacement of roofing and/or siding, there shall be a flat fee of $50.00 for projects up to $5,000.00. Projects over 5,000 shall be a flat fee of $100.00.
7. 
Fees for the combination renovations and additions shall be the sum of the two fees computed separately in accordance with items 1 and 5 above.
8. 
For installation of swimming pools, the fee shall be $50.00 for an above ground pool and $75.00 for an in-ground pool. (Also see electrical fees.)
9. 
Replacement of warm air furnace (no fuel or gas piping): $60.00
c. 
Fees for Certificates and Other Permits. The fees for certificates and for special permits shall be:
1. 
Demolition/removal: Residential and farm structures less than 5,000 square ft. and less than 30 feet high - $50.00. All others - $120.00.
Removal of underground storage tanks: $50.00 for first tank and $25.00 for each additional tank.
2. 
Sign permits: The fee shall be $1.00 per square foot provided the minimum fee shall be $40.00.
3. 
Certificate of Occupancy: Residential: New homes - $75.00, Residential additions - $50.00, Residential storage buildings over 300 square feet - $30.00. All other use groups - $100.00.
4. 
Temporary Certificate of Occupancy: No charge for first issuance if certificate was paid for at time of permit. Renewals - same as original cost.
5. 
Continued Certificate of Occupancy: Residential - $75.00, all other use groups - $100.00.
6. 
Reinstatement of permit: $50.00 applicable after one year of issuance date, plus volume increase if applicable at time of reinstatement.
7. 
Lead abatement: $100.00 for permit and $50.00 for clearance certificate.
8. 
Asbestos abatement: $50.00 for permit and $50.00 for clearance certificate.
9. 
Application for variation for all use groups - $100.00.
d. 
New Jersey State permit surcharge fee. The fee shall be $0.00371 per cubic foot of volume of new buildings and additions. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The fee for all other construction shall be $1.90 per $1,000 ($0.00190 per dollar) of the value of construction.
[Amended 5-16-2019 by Ord. No. 683]
1. 
No fee shall be collected for preengineered systems of commercial farm buildings.
2. 
No fee shall be collected for permits to perform asbestos abatement or lead abatement.
3. 
No fee shall be collected for permits for the construction or rehabilitation of residential units that are to be legally restricted to occupancy by households of low or moderate income, as defined in N.J.A.C. 5:43-1.5.
4. 
No fee shall be collected for demolition of buildings or structures.
5. 
No fee shall be collected for work consequential to a natural disaster when the local code enforcement agency is waiving its fee.
6. 
The minimum permit surcharge fee shall be $1.
e. 
Plumbing Subcode Fees: The plumbing subcode fees shall be computed as follows:
1. 
Appliances and fixtures connected to the plumbing system. The fee shall be $15.00 each for the following:
(a) 
Water closet, urinal or bidet
(b) 
Bath tub
(c) 
Lavatory
(d) 
Shower
(e) 
Floor drain
(f) 
Sink
(g) 
Dishwasher
(h) 
Drinking fountain
(i) 
Hose bibb
(j) 
Water heater
(k) 
Washing machine
(l) 
Stacks
(m) 
Add gas appliance to existing system
(n) 
LP tank
2. 
Special devices: The fee shall be $60.00 each for the following:
(a) 
Fuel oil piping
(b) 
New gas piping system
(c) 
Steam boiler
(d) 
Interceptor or separator
(e) 
Backflow preventer[1]
[1]
The fee for a backflow preventer required in connection with a steam boiler, hot water boiler or lawn sprinkler shall be $15.00.
(f) 
Grease trap
(g) 
Water cooled air conditioner
(h) 
Central air or refrigeration unit
(i) 
Active solar system
(j) 
Hot water boiler
(k) 
Warm air furnace (new installation or involving new piping)
(l) 
Utility service connections
(m) 
Sewer pumps
(n) 
Condensate drain
There shall be no fee for gas service entrances.
The minimum plumbing permit fee shall be $50.00.
f. 
Electrical Subcode Fees: Electrical subcode fees shall be as follows:
1.
Fixtures, receptacles, switches (1-50)
$50.00
Each additional 25
$25.00
2.
Service panels/service entrance/subpanels:
0-200 Amps
$50.00
201-1,000 Amps
$100.00
Over 1,000 Amps
$450.00
3.
Electrical devices/generators/transformers:
Over 1 kW - 10 kW
$15.00
Over 10 kW - 45 kW
$50.00
Over 45 kW - 112.5 kW
$100.00
Over 112.5 kW
$450.00
4.
Motors:
Over 1 hp - 10 hp
$15.00
Over 10 hp - 50 hp
$50.00
Over 50 hp - 100 hp
$100.00
Over 100 hp
$450.00
5.
Other devices:
(a)
In-ground swimming pool
$100.00
(b)
Storable pool, spa or hot tub
$35.00
(c)
Range, oven or surface unit 1-10 kW... $15.00
(d)
Water heater
$15.00
(e)
Dryer
$15.00
(f)
Dishwasher
$15.00
(g)
Garbage disposal (include in fixture total)
(h)
Central air conditioning (by kW above)
(i)
Smoke detectors (include in fixture total)
(j)
Space handler/air handler (central heat by kW above)
(k)
Baseboard heat (by kW above)
(l)
Thermostats (include in fixture total)
(m)
Heat pump (by hp size above)
(n)
Pumps (by hp size above)
(o)
Signs
$15.00
(p)
Light standards
$15.00
(q)
Motors - fractional hp (include with fixtures)
(r)
Motors - All others (by hp size above)
(s)
Solar energy systems
$100.00
The minimum electrical permit shall be
$50.00
6.
Solar Energy Systems
1-50 KW
$100.00
51-100 KW
$200.00
Over 100 KW
$600.00
Disconnect/Each
$60.00
Inverters/Each
$100.00
MicroInverters/Each
Put under Switches
Revenue Meters
No Charge
Solar Guards
Service/Subpanels
As per Ordinance No. 580
g. 
Fire Subcode Fees:
1.
Detectors (1-12)
$36.00
Each additional 25
$12.00
2.
Sprinkler systems
(a)
First 20 heads
$60.00
(b)
21-100
$140.00
(c)
101-200
$280.00
(d)
201-400
$600.00
(e)
401-1,000
$1,000.00
3.
Standpipe system
$100.00
4.
Fire pump
$100.00
5.
Special suppression systems:
(a)
Range hoods, commercial
(First one)
$50.00
Each additional
$30.00
(b)
Large systems (carbon dioxide, halon, etc.)
$230.00
6.
Fire alarms: First 10 devices
$60.00
Each additional 10 devices
$25.00
7.
Exit signs and emergency lighting (per floor)
$25.00
8.
Installation of underground or aboveground storage tanks:
$150.00 over 660 gallons
9.
Heat producing devices
Fireplace, wood stove, furnace
$50.00
Chimney Liner
$25.00
Fire Logs
$25.00
The minimum fire permit shall be
$50.00
h. 
Waiver of Fees. As per N.J.S.A. 52:27D-126c and Maurice River Township Resolution No. 120-2000, there will be no fees collected in connection with the construction of residential handicap ramps.
i. 
Moving Permit Fees for Mobile, Modular and Prebuilt Structures:
1. 
No mobile home, modular home or any other prebuilt structure of any kind shall be moved into Maurice River Township for purposes of permanent or temporary location therein, for more than twenty-four (24) hours without having obtained a moving permit from the Construction Official.
2. 
Prior to the issuance of any moving permit under this subsection, the Construction Official shall ascertain that the structure is either new and not previously occupied, being sold by either a dealer or manufacturer, or shall ascertain by personal inspection that the mobile, modular or structure meets all of the requirements of the BOCA International Building Code and the ordinances of the Township. The Construction Official shall also ascertain that the mobile or modular home, irrespective of whether new or used, contains the certification of the New Jersey Department of Community Affairs as meeting the code requirements. After making the determination required in this section, the Construction Official shall issue a moving permit, the cost of which shall be $30.00.
3. 
Inspections outside of the Township. All personal inspections of any structures, provided for under paragraph i herein, that shall be physically entering the jurisdiction of the Township, the cost of such inspection shall be borne by the applicant for a moving permit in addition to the permit fee under paragraph i2 at the following rate: fifty ($.50) cents per mile for each mile of the round trip to and from the place of inspection, plus thirty-five ($35.00) dollars per hour for time spent by the Construction Official in travel and inspection of the unit involved.
4. 
No permit shall be issued under this subsection unless it is determined by the Construction Official that the applicant has a permanent location for the mobile home, modular or structure, in the Township, on which said unit can be installed in full compliance with all applicable Federal, State and local regulations and has acquired all required prior approvals.
5. 
The permit required under this subsection shall not be required for the movement of a mobile home, modular or other structure through the Township on a purely transient basis, from a place outside the Township to a destination outside the Township along the State highways or County roads within the Township, so long as such unit does not remain in the Township for more than twenty-four (24) hours.
6. 
Penalties. Violation of any provision of paragraph i of this subsection shall be punishable by a fine not to exceed one thousand ($1,000.00) dollars and each day during which a violation takes place may be deemed a separate violation.
j. 
The Refund of Fees. Effective the date of payment for a construction permit as set forth herein and issuance of said construction permit, and in the event that no construction takes place, the applicant for the construction permit may request a refund of the permit fee minus any and all mandatory State of New Jersey fees and plan review fees per Maurice River Township Ordinance 580. No construction permit fees shall be refunded after the expiration of 365 days from the date the construction permit was paid and issued.
[Ord. No. 660-2017]
Editor's Note: The State Uniform Construction Code fee for construction permits was adopted by Ord. No. 267 and amended by Ord. Nos. 283, 291, 327 and 417.
[1]
Editor's Note: See also Chapter 14, Property Maintenance and Chapter 3, Section 3-1 for additional property regulations.
[Ord. No. 376 § 1; Ord. No. 393]
A certain document, three (3) of which are on file in the office of the Township Clerk at the Municipal Hall, Main Street, Leesburg, New Jersey, being known as the International Property Maintenance Code/2000, as published by the International Code Council, Inc., plus all future amendments thereto, is hereby adopted as the Housing and Property Maintenance Code of the Township of Maurice River for the control of housing and property as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the International Property Maintenance Code/2000 and future revisions thereto are hereby adopted by reference as if fully set forth herein.
[Ord. No. 376 § 2]
The Housing Officer of Maurice River Township is hereby designated, authorized and empowered to enforce the provisions of the Housing and Property Maintenance Code of Maurice River Township and to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this Code.
[Ord. No. 382-1992 Preamble]
The Township Committee has determined that numerous rental dwellings exist in the Township and that some of these units are in dilapidated and/or dangerous condition. It is felt by the Township Committee that it would be in the best interest of all Township residents, especially those renting properties in the Township that a yearly registration and inspection of rental dwellings be completed.
[Ord. No. 382-1992]
The Township Housing Officer is hereby designated as the officer to exercise the powers prescribed by the within section.
[Ord. No. 382-1992; Ord. No. 485]
No person, firm or corporation shall rent, lease, suffer or allow any person, firm or corporation (other than a member of the immediate family of a person, owner of a firm or principal stockholder of a corporation) to occupy as a tenant, any house, apartment or other structure, including a mobile home and a modular unit, in the Township unless that person, firm or corporation shall first register the rental structure on or before March 1 of each year and obtain from the Township a Continued Occupancy Permit on or before June 30th of each year in accordance with this section.
[Ord. No. 382-1992; Ord. No. 397-92 § 1; New]
Pursuant to Section 11-3, the standard to be used as a guide in determining whether dwellings in the Township are safe, sanitary and fit for human habitation and rental shall be the BOCA Basic Housing-Property Maintenance Code/1996, as published by the Building Officials and Code Administrators International, Inc.
[Ord. No. 382-1992]
The annual registration of rental structures shall be made to the Township Clerk's office on or before March 1 of each year. Continued Occupancy Permits shall be valid for one (1) year. No Continued Occupancy Permit shall be required during the initial occupancy of any house, apartment or other structure when a Certificate of Occupancy has been issued for the construction thereof in accordance with the State Uniform Construction Code Act. However, if the rental structure is damaged by fire or other cause, then reinspection shall be required.
[Ord. No. 382-1992]
The fee for the initial inspection, one (1) reinspection and the issuance of each Continued Occupancy Permit shall be thirty ($30.00) dollars if applied for on or before March 1, and sixty ($60.00) dollars thereafter. No fee shall be required when the premises are owned by the Township or other governmental agency.
[Ord. No. 382-1992]
The Housing Officer is hereby authorized and directed to make inspections to determine the conditions of dwellings, dwelling units, rooming units, and premises located within the Township in order that he may perform his duty of safeguarding the health and safety of the occupants of the dwellings and of the general public. For the purpose of making such inspections, the Housing Officer is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units, and premises. The owner or occupant of every dwelling unit, and rooming unit, or the person in charge thereof shall give the Housing Officer free access to such dwelling, dwelling units, or rooming units and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this section or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this section.
[Ord. No. 382-1992]
The Township Housing Officer shall have additional powers and duties as may be necessary to carry out the intent and purposes of this section, including, but not limited to, the following enumerated powers:
a. 
To investigate the dwelling conditions of the Township in order to determine which houses, apartments or other structures, including a mobile home and a modular unit, are unfit for human habitation.
b. 
To enter upon the premises for the purposes of making housing examinations incidental to his duties;
c. 
To delegate any of the functions and powers to employees of the Township as the Housing Officer may designate or who may be so designated by the Township Committee of Maurice River Township.
[Ord. No. 382-1992]
The Housing Officer is the agent designated to issue the Continued Occupancy Permit upon written application therefor and payment of the fee as required by subsection 11-4.6. The application shall state the name and address of the owner, the name and address of the renting agent, if any, and the name of the proposed tenant and a description of the premises to be occupied, including the street address and apartment number.
[Ord. No. 382-1992]
The Housing Officer shall make an inspection of each house, apartment, or other structure for which there has been registration and an application for a Continued Occupancy Permit. The Housing Officer shall make a report promptly after each inspection and advise the applicant of any violations of the Property Maintenance Code of the Township and other applicable Township ordinances. Violations of the foregoing Code or Township ordinances shall be grounds for denial of the Occupancy Permit.
[Ord. No. 382-1992]
Whenever the Housing Officer determines that there are reasonable grounds to believe that there has been a violation of any provisions of this section, or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person responsible therefor as hereinafter provided. Such notice shall:
a. 
Be in writing;
b. 
Allow thirty (30) days for the performance of any act it requires; and
c. 
Be served upon the owner or his agent, or the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, or a copy thereof is served upon him personally or an adult member of his household; or if a copy thereof is sent by registered or certified mail to his last known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if he is served with such notice by any other method authorized or required under the laws of this State.
[Ord. No. 382-1992]
The notice of violation shall contain an outline of remedial action which, if taken, will effect compliance with the provisions of this section and with the rules and regulations adopted pursuant thereto. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Housing Officer provided such person shall file in the office of the Township Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten (10) days after the date the notice was served. Upon receipt of such petition the Housing Officer shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petition shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced with not later than ten (10) days after the day upon which the petition was filed; provided that upon application of the petitioner the Housing Officer may postpone the date of the hearing for a reasonable time beyond such ten (10) day period if, in his judgment, the petitioner has submitted a good and sufficient reason for such postponement. After such a hearing, the Housing Officer shall sustain, modify, or withdraw the notice, depending upon his findings as to whether the provisions of this section and of the rules and regulations thereof have been complied with. If the Housing Officer sustains or modifies such notice, it shall be deemed an order. Any notice served pursuant to this section shall automatically become an order if a written petition for a hearing is not filed in the Office of the Housing Officer within ten (10) days after such notice is served. The proceedings at such a hearing, including the findings and decisions of the Housing Officer, shall be summarized, reduced to writing, and entered as a matter of public record in the Office of the Township Clerk. Such records shall also include a copy of every notice or order issued in connection with the matter.
[Ord. No. 382-1992]
Whenever the Housing Officer finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice for hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Township Clerk shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with, the Housing Officer shall continue such order in effect, or modify it, or revoke it.
[Ord. No. 382-1992]
The Housing Officer is hereby authorized and empowered to make and adopt such written rules and regulations as he may deem necessary for the proper enforcement of the provisions of this section; provided however, that such rules and regulations shall not be in conflict with the provisions of this section, nor in any way alter, amend or supersede any of the provisions thereof. The Housing Officer shall file a certified copy of all rules and regulations which he may adopt in his office and in the Office of the Township Clerk.
[Ord. No. 382-1992]
No person shall rent to another, suffer the occupancy of, occupy, maintain, own or have any interest in any building or part thereof which does not conform to the provisions of the New Jersey State Housing Code or which is unfit for human habitation or occupancy, or use, due to dilapidation, defects increasing the hazard of fire, accidents or other calamities, lack of ventilation, light or sanitation facilities, or due to other conditions rendering such building or buildings, or any part thereof, unsafe or unsanitary, or dangerous or detrimental to the health or safety or otherwise inimical to the health and welfare of the residents of the Township.
[Ord. No. 382-1992]
a. 
Separate Continued Occupancy Permits shall be required for each dwelling unit to be occupied.
b. 
Exceptions. The provisions of this section shall not apply to hotels, motels, and other residential units which are generally occupied by tenants or guests for less than thirty (30) successive days.
[Ord. No. 382-1992]
Nothing in this section or in the Code adopted hereby shall be construed to amend, supersede, abrogate or impair any ordinance or parts of ordinance adopted by the Township having standards more stringent than those adopted herein. The provisions of any and all such ordinances shall supersede the standards set forth herein.
[Ord. No. 382-1992]
a. 
Any person, firm, or corporation who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
b. 
Separate Violations. Except as otherwise provided, each and every day in which a violation of any provision of this Code or any other ordinance of the Township exists shall constitute a separate violation.
c. 
Application. The maximum penalty stated in paragraph a is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or a particular violation.
[Ord. No. 382-1992]
The provisions of subsection 11-4.4 of this section shall apply as of January 1, 1992.
[Ord. No. 391-1992 §§ 1—3; Ord. No. 578]
a. 
As required by N.J.S.A. 52:27D-198.1 et seq., a structure used or intended for use for residential purposes in the Township by not more than two (2) households shall henceforth have a smoke-sensitive alarm device on each level of the structure and outside each separate sleeping area in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with National Fire Protection Association Standard No. 74-1984 (or any amendment current or henceforth thereto) for the installation, maintenance and use of household fire warning equipment. The installation of battery operated smoke-sensitive alarm devices shall be accepted as meeting the requirements of this section. The smoke-sensitive device shall be tested and listed by a product certification agency recognized by the Bureau of Fire Safety. Each structure, other than a seasonal rental unit, shall also be equipped with at least one (1) portable fire extinguisher in conformance with rules and regulations promulgated by the Commissioner of Community Affairs pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:148-1 et seq.). For the purposes of this section, "portable fire extinguisher" means an operable portable device, carried and operated by hand, containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing of extinguishing fire, and which is (1) rated for residential use consisting of an ABC type; (2) no larger than a ten (10) pound rated extinguisher; and (3) mounted within ten (10) feet of the kitchen area, unless otherwise permitted by the enforcing agency. "Seasonal rental unit" means a dwelling unit rented for a term of not more than one hundred twenty-five (125) consecutive days for residential purposes by a person having a permanent residence elsewhere, but shall not include use or rental of living quarters by migrant, temporary or seasonal workers in connection with any work or place where work is being performed.
1. 
One- and two-family dwellings; carbon monoxide detectors.
(a) 
In Use Group R-3 and R-4 dwellings subject to the requirements of N.J.A.C. 5:70-2.3, smoke detectors shall be, installed as follows:
(1) 
On each level of the premises; and
(2) 
Outside of each separate sleeping area.
(b) 
The smoke detectors required in paragraph (a) above shall be located in accordance with NFPA 74-1984, incorporated herein by reference, and maintained in working order.
(1) 
The detectors shall not be required to be interconnected.
(c) 
Smoke detectors may be battery powered and shall be listed in accordance with ANSI/UL 217, incorporated herein by reference.
(1) 
A/C-powered smoke detectors shall be accepted as meeting the requirements of this section.
(d) 
Carbon monoxide alarms shall be installed in all dwelling units in buildings in Use Groups 1-1, R-1, R-2, R-3 and R-4, except for units in buildings that do not contain a fuel-burning device or have an attached garage, as follows:
(1) 
Single-station carbon monoxide alarms shall be installed and maintained in the immediate vicinity of the sleeping area(s).
(2) 
Carbon monoxide alarms may be battery-operated, hard-wired or of the plug-in type and shall be listed and labeled in accordance with UL-2034 and shall be installed in accordance with the requirements of this section and NFPA-720.
(3) 
As an alternative to the requirements of paragraph (d)(1) above, and with the approval of the Bureau of Housing Inspection, carbon monoxide detectors may be installed in any building required to be registered as a hotel or multiple dwelling in the locations specified in the Uniform Construction Code (N.J.A.C. 5:23-3.20).
(4) 
As an alternative to the requirements of paragraph (d)(1) above, and with the approval of the Bureau of Rooming and Boarding House Standards, carbon monoxide alarms may be installed in any rooming or boarding house in the locations specified in the Uniform Construction Code.
b. 
In any case where a change of occupancy of any building subject to the requirements of this section is subject to a municipal ordinance requiring the issuance of a Certificate of Occupancy, Certificate of Inspection or other documentary certification of compliance with the laws and regulations relating to safety, healthfulness and upkeep of the premises, no certificate shall be issued until the Housing Officer or Fire Safety Code Official as appointed in the Township has determined that the building is equipped with an alarm device or devices as required by this section.
c. 
In the case of a change of occupancy of any building subject to the requirements of this section, no owner shall sell, lease or otherwise permit occupancy for residential purposes of any building without first obtaining from the Township Zoning Officer or Fire Safety Code Official as required under the "Uniform Fire Safety Act," (N.J.S.A. 52:27D-192 et seq.) a certificate evidencing compliance with the requirements of this section.
[Ord. No. 391-1992 § 4; Ord. No. 664-2017; amended 11-15-2018 by Ord. No. 676]
a. 
The Township Committee shall hereby have jurisdiction over the Zoning Officer and/or Fire Safety Code Official. The following fees are established with regard to inspections and certificates issued in accordance with Subsection 11-5.1 above.
1. 
Requests made 10 or more business days prior to scheduled sale, lease or change in occupancy shall be charged a fee of $45.
2. 
Requests made from four to nine business days prior to scheduled sale, lease or change in occupancy shall be charged a fee of $90.
3. 
Requests made four or fewer business days prior to scheduled sale, lease or change in occupancy shall be charged a fee of $161.
b. 
The fees as set forth herein shall include the cost of inspection and issuance of the certificate.
[Ord. No. 391-1992 § 5]
An owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises subject to the provisions of this supplementary act when the premises do not comply with the requirements of this section, or without complying with the inspection and certificate requirements hereof, shall be subject to a fine of not more than five hundred ($500.00) dollars which may be collected and enforced by the Township Committee pursuant to subsection g of N.J.S.A. 52:27D-196 by summary proceedings pursuant to "the penalty enforcement law" N.J.S.A. 2A:58-1 et seq.
[Ord. No. 391-1992 § 6]
The Township Committee hereby adopts any rules promulgated by the Commissioner of the Department of Community Affairs in accordance with the "Administrative Procedure Act" N.J.S.A. 42:14B-1 et seq. (All such rules and regulations as may be necessary are expedient for the proper and timely effectuations of the purposes of this Act.)
[Ord. No. 398-92 § 1]
The Enforcing Authority to inspect and determine that all Township residents met the terms and conditions of this section shall be the Township Housing Officer or Township Fire Safety Code Official or such other Township official as appointed by the Township Committee to do such inspections by resolution.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 124.
[Ord. No. 568]
The Construction Official is hereby designated as the public officer authorized to exercise the powers prescribed by these regulations and N.J.S.A. 40:48-2.3 et seq. The Township Solicitor is hereby designated as the public officer authorized to prepare the complaint, notice of hearing and other pleadings. The Governing Body of the Township is hereby designated as the public officer authorized to conduct the hearings.
[Ord. No. 568]
a. 
Definitions. As used in this section, the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended:
BUILDING
Shall mean any building or structure, or part thereof, whether used for human habitation or otherwise, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
DAMAGED STRUCTURE
Shall mean any building or structure, or part thereof, which has been damaged to such an extent that nothing remains but the walls, or parts of the walls, and other supports, shall, regardless of the safety and sturdiness of the remaining walls, or arts thereof, be deemed inimical to the welfare of the Township and shall be repaired or demolished in accordance with the provisions of this article.
DANGEROUS STRUCTURE
Shall mean any building or structure, or part thereof, which is dangerous to human life or the public welfare or which constitutes a fire hazard shall be removed or demolished in accordance with the provisions of this section.
OWNER
Shall mean the holder or holders of the title in fee simple.
PARTIES IN INTEREST
Shall mean all individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.
PUBLIC OFFICER
Shall mean the officer, officers, board or body who is or are authorized by these regulations to exercise the powers prescribed by these regulations and by N.J.S.A. 40:48-2.3 et seq. Notwithstanding any other provisions of law to the contrary, nothing shall prevent a municipality from designating more than one (1) public officer for different purposes as provided by law.
STRUCTURE
Shall mean any construction artificially built up or composed of parts joined together in some definite manner. A building or edifice of any kind.
UNFIT STRUCTURE
Shall mean any building or structure, or part thereof, which is unfit for human habitation, occupancy or use due to the conditions set forth herein shall be deemed inimical to the welfare of the residents of the Township and shall be closed, repaired or demolished in accordance with the provisions of this section.
b. 
Standards for Unfit Structures. A public officer may determine that a building is unfit for human habitation, occupancy or use if he finds that conditions exist in the building which are dangerous or injurious to the health or safety of the occupants of the building, the occupants of neighboring buildings, or other residents of the Township. Such condition shall include the following without limiting the generality of the foregoing.
1. 
Defects herein increasing the hazards of accident, fire or other calamities;
2. 
Dilapidation;
3. 
Disrepair or structural defects;
4. 
Lack of adequate light, sanitary facilities or ventilation;
5. 
Uncleanliness;
6. 
Failure to comply with the Property Maintenance Code; or
7. 
Failure to comply with applicable health ordinances, rules and regulations.
[Ord. No. 568]
Whenever the Construction Official or his designee shall determine that any building is a dangerous, damaged or unfit structure, he shall file a report with the Township Attorney which identifies the structure and its condition. Upon receipt of the report, the Township Attorney shall prepare a complaint setting forth the location and condition of the building and the remedy sought and a notice of hearing setting forth the date, time and place of the hearing.
a. 
The complaint and notice of hearing shall be served upon the property owner and all parties in interest. Service shall be made personally or by regular and certified mail, return receipt requested, by mailing the complaint and notice of hearing to their last known addresses.
b. 
If the whereabouts of the property owner or any party in interest is unknown and cannot be ascertained in the exercise of reasonable diligence, then service of the pleadings shall be made on such persons as follows: 1) by publishing the complaint and notice of hearing once in the official newspaper of the Township; 2) by posting the complaint and notice of hearing in a conspicuous place on the building affected by the complaint; and 3) by recording the complaint and notice of hearing in the Cumberland County Clerk's Office.
c. 
The hearing shall be scheduled before the Township Committee at a place designated in the notice of hearing and at a time fixed not less than seven (7) days nor more than thirty (30) days after the service of the complaint and notice of hearing was made.
[Ord. No. 568]
a. 
The Construction Official or his designee shall testify at the hearing in connection with the complaint that was issued. The property owner and any party in interest shall have the right to appear at the hearing and testify, produce witnesses, and be represented by an attorney.
b. 
If after the hearing the Governing Body of the Township determines that the building in question is a dangerous, damaged or unfit structure, the Governing Body shall adopt a resolution stating its findings and entering an order as follows:
1. 
The Governing Body may require the immediate closing of an unfit structure; or
2. 
The Governing Body may require the repair of the structure within a reasonable time, which time shall be set forth in the order; or
3. 
The Governing Body may require the demolition of the structure if it is not economically feasible to repair the structure.
c. 
A copy of the order shall be served on the property owner and all parties in interest personally or by regular and certified mail, return receipt requested by mailing it to their last known address.
d. 
If the whereabouts of the property owner or any party in interest is unknown and cannot be ascertained in the exercise of reasonable diligence, then service of the order shall be made on such persons as follows: a) by publishing the order once in the official newspaper of the Township; b) by posting the order in a conspicuous place on the building affected by the order; and c) by recording the order in the Cumberland County Clerk's Office.
[Ord. No. 568]
In the event that the property owner and all parties in interest fail to comply with the order of the Governing Body of the Township, the Construction Official may proceed without further notice to enforce the provisions of the order by such means as is necessary to carry out the purpose and intent of the resolution, including but not limited to the closing of the structure, the repair of the structure, or the demolition of the structure at the expense of the Township.
a. 
The cost of closing, repairing or demolishing and removing the structure shall constitute a municipal lien against the real property.
b. 
The cost of legal services, expert witness fees, search fees and advertising expenses incurred in the course of any proceeding shall constitute a municipal lien against the real property.
c. 
The public officer shall prepare a detailed statement of the costs incurred, less any credits due, and file it with the Township Clerk. Thereafter, the Governing Body of the Township shall adopt a resolution certifying the total amount of the municipal lien. This resolution shall be filed with the Tax Assessor and the Tax Collector, and a copy of the resolution shall be mailed forthwith to the property owner by regular mail and certified mail, return receipt requested. Said lien shall be subject to inclusion in any future tax sale for municipal liens.
d. 
The owner or any party in interest may, within thirty (30) days of the filing date of the municipal lien certificate, institute a summary proceeding in the Superior Court, Law Division, to contest the accuracy or reasonableness of the costs set forth in the municipal lien certificate.
[Ord. No. 568]
a. 
When a complaint and notice of hearing have been served on the property owner in accordance with the provisions set forth in this section, the property owner is prohibited from transferring the property until the final disposition of the legal proceedings and compliance with any order issued by the Governing Body of the Township.
b. 
When a copy of the complaint and notice of hearing or order has been duly recorded in the Cumberland County Clerk's Office, this filing shall have the same force and effect as a notice of lis pendens.
[Ord. No. 568]
Nothing in this section shall be interpreted to impair or limit in any way the power of the Township to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise, nor is anything in this section intended to limit the authority of the enforcing agency or Construction Official under the State Uniform Construction Code Act or any rules or regulations adopted thereunder. This section is likewise subject to the requirements of the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.) and the implementing regulations and minimum standard contained in the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-1.1 et seq.) (CMP).