Editor's Note: See § 4-6, Dumpster/Construction Containers, for the requirements.
[1974 Code § 9-1.1; Ord. No. 77-3]
a.
There is hereby established in the Borough a State Uniform Construction
Code Enforcing Agency to be known as the Fairview Building Construction
Enforcing Agency, consisting of a Construction Official, Building
Subcode Official, Plumbing Subcode Official, Fire Protection Subcode
Official, and such other Subcode 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.
The Construction Official shall establish the day-to-day operating
routines of the Agency and shall coordinate the activities of the
Subcode Officials. He shall be qualified in accordance with Part IV
of the Regulations, in at least one subcode.
[1974 Code § 9-1.2; Ord. No. 77-2]
Each official position created in Subsection 11-1.1 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 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 position.
[1974 Code § 9-1.3; Ord. No. 77-3]
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.
[1974 Code § 9-1.4; Ord. No. 77-3]
No person employed by the Enforcing Agency as a Construction
or Subcode Official, assistant to the Construction or Subcode Official,
trainee, inspection, or plan reviewer shall engage in, or otherwise
be connected directly or indirectly for purposes of economic gain,
with any business or employment furnishing labor, materials, appliances
or services for the construction, alteration, demolition, or maintenance
of buildings or structures within the State. Nor shall any such official
or employee engage in any other activity or work which conflicts with
his official duties. The limitation on outside business or employment
described herein shall, for a period of 18 months from the effective
date hereof, apply only to such businesses or employment within the
local jurisdiction. Thereafter, the restrictions contained herein
shall extend throughout the entire State.
[1974 Code § 9-1.6; Ord. No. 77-3]
The Construction Official shall designate a clerk from the Enforcing
Agency to serve as Secretary to the Board and to maintain its records.
[1974 Code § 9-1.7; Ord. No. 77-3]
a.
The Mayor, with the advice and consent of the Council, shall appoint
the Board members and any alternate members. For the members first
appointed the Mayor shall designate the appointees' terms so
that one shall be appointed for a term of three years, and two for
a term of four years. At the expiration of such terms and thereafter,
appointments shall be made for terms of four years. Vacancies shall
be filled for the unexpired term.
b.
The Mayor, with the advice and consent of the Council, shall appoint
such number of alternates, as may be appropriate, for terms not to
exceed four years; or may in the alternative, appoint alternates on
a case-by-case basis.
c.
No regular or alternate Board members may be a member of the Enforcing
Agency, the decisions of which are subject to the review of the Board.
d.
Members of the Construction Board of Appeals shall serve without
compensation.
[1974 Code § 9-1.8; Ord. No. 77-3]
a.
Whenever the Enforcing Agency shall deny an application for a construction
permit; fail to act upon an application for a construction permit;
fail to act upon an application for a certificate of occupancy; refuse
to grant a variation or make any other decision pursuant or related
to the Act or the Regulations, including the assessment of any monetary
penalties, an owner or his authorized agent, may appeal to the Construction
Board of Appeals.
b.
The application for appeal shall be taken within 30 business days
of the receipt of written notice of the denial or other decision of
the Enforcing Agency. Where no notice of denial has been forthcoming,
appeal may be taken within 20 business days after the expiration of
20 business days from the time of filing of a completed application
for a construction permit.
c.
The application for appeal shall be in writing, filed with the Board,
briefly setting forth the appellant's position. Such application
shall state the name and address of the applicant, the address of
the building or site in question, the permit number, and shall reference
the specific sections of the Regulations in question and the extent
and nature of the appellant's reliance on them. The appellant
may append to his written application any data or information that
he may deem appropriate to his cause.
1.
The Enforcing Agency shall make available to the Board the full record
of the application below, which shall include a detailed explanation
of the reasons for the denial of the appellant's request.
d.
The application shall be accompanied by a fee in the sum of $50.
An application shall not be considered complete unless accompanied
by the appeal fee. In the case of appeal based on the failure of the
Enforcing Agency to act within any time frame specified, the fee shall
be waived.
e.
The time for appeal may be extended prior to a meeting upon application
to the Secretary of the Board, or may be extended at any regular or
special meeting of the Board, by the affirmative vote of a majority
of the Board present.
[1974 Code § 9-1.9; Ord. No. 77-3]
a.
The Board shall meet upon notice of the chairman or at stated periodic
meetings, if warranted by the volume of work. The hearing shall be
recorded and copies made available upon request at the expense of
the requesting party.
b.
All hearings shall be open to the public. The appellant, his representatives
or legal counsel and the Enforcing Agency through the Construction
Official or the appropriate Subcode Official shall be granted an opportunity
to address the Board.
[1974 Code § 9-1.10; Ord. No. 77-3]
a.
When five members are not present to consider a specific appeal,
either the appellant or the Enforcing Agency shall upon request be
entitled to a postponement of the hearing. If there is no such request
for a postponement, any decision made by the members present shall
be binding and shall be considered as a decision of the full Board.
No meeting shall be conducted unless there are at least three members
of the Board present.
b.
No specific combination of business or profession represented on
the Board need be present when less than the full Board is convened,
or when the Board is convened with alternate members, unless an affirmative
vote of the regular members present determines that because of the
nature of a particular matter before it, a certain specific trade
or profession not present, is required. Further, the appellant or
the Enforcing Agency shall upon request, and upon a concurring vote
of a majority of the regular members present, be entitled to a postponement
of the hearing upon the grounds that a certain specific trade or profession
not present, is required.
[1974 Code § 9-1.11; Ord. No. 77-3]
a.
Procedure.
1.
The Board shall hear the appeal, render a decision thereon, and file
its decision with a statement of the reasons therefore with the Enforcing
Agency from which the appeal has been taken not later than 10 business
days following the submission of the appeal, unless such period of
time has been extended with the consent of the appellant. Such decision
shall also be filed with the State Division of Housing and Urban Renewal
Bureau of Housing Inspection, Attention: Uniform Construction Code
Appeals File, 363 West State Street, Trenton, New Jersey 08625. Decisions
of the Board shall be available for public inspection at both the
offices of the Bureau and the Enforcing Agency during normal business
hours.
2.
Such decision may affirm, reverse, or modify the decision of the
Enforcing Agency or remand the matter to the Enforcing Agency for
further action. Whenever the Board shall reverse or modify the decision
of the Enforcing Agency, its statement of reasons therefor, shall
explain in specific detail the nature and extent of its disagreement
with the Enforcing Agency.
3.
Decisions of the Board shall be by a concurring vote of three members.
Failure to secure three concurring votes shall be deemed a confirmation
of the decisions of the Enforcing Agency; except that when less than
five members are present, a majority of those present shall be required
for concurrence. Any dissenting member may attach a statement of reasons
in opposition to the decision of the Board.
4.
Every action of the Board shall be by resolution and copies shall
be forwarded by certified or registered mail to the appellant or his
representatives.
5.
Failure by the Board to hear an appeal and render and file a decision
thereon, within the time limits prescribed in this section, shall
be deemed a denial of the appeal for purposes of a complaint, application
or appeal to a Court of competent jurisdiction.
6.
The Enforcing Agency shall take immediate action in accordance with
the decision of the Board, unless otherwise stayed by a Court of competent
jurisdiction.
7.
Any party, including the Enforcing Agency, may within 30 days, appeal
from the decision of the Board, to a Court of competent jurisdiction.
b.
Criteria. Decisions of the Board shall be in accordance with the
following:
1.
Where an Enforcing Agency has failed to act on an application for
a construction permit, the Board may order the Enforcing Agency to
act or may grant such permit if the applicant is otherwise entitled
thereto, or may deny the permit;
2.
Where an Enforcing Agency has denied an application for a construction
permit, the Board may reverse or modify such decision upon a finding
that such was arbitrary, or based upon an erroneous interpretation
of the Regulations;
3.
Where an Enforcing Agency has denied in whole or in part an application
for a variation, or place conditions upon the granting of a variation,
the Board may upon making the same findings grant such variation,
and establish any conditions of the variation. Except as is otherwise
specified, no variations may be granted from any of the requirements
of Parts I, III, and IV of the Regulations;
4.
Where the appeal is from an order to pay a monetary penalty, the
Board may reduce such penalty if it determines that the assessment
was excessive, it may void such penalty if it determines that its
assessment was unnecessary to bring about compliance, or that it was
an inappropriate remedy under the circumstances of the case, or it
may hold such penalty in abeyance until the issuance of a certificate
of occupancy or some earlier event or period in anticipation of reducing
or voiding such penalty where no further violation of the Regulations
are uncovered;
5.
Where the appeal is based on any other section of the Enforcing Agency,
the decision of the Board shall give effect to the intent and purposes
of the Act and shall be consistent with the interests of the general
health, safety and welfare.
[1974 Code § 9-1.12; Ord. No. 77-3; Ord. No. 84-6; Ord. No. 88-2 § 1; Ord. No. 89-11; Ord. No. 91-18; Ord. No. 98-27; Ord. No. 00-34; Ord. No.
04-14 § 1; Ord. No. 04-18 § 1; Ord. No. 04-41 § 1; Ord. No. 09-11; Ord. No. 2014-5]
a.
The fees for a construction permit shall be the sum of the subcode
fees listed hereof and shall be paid before the permit is issued.
1.
Building Fees.
|
(a)
|
New construction (per cubic foot of volume)
|
$0.025
|
|
(b)
|
Renovation/alteration/repair (per $1,000 of estimated cost)
|
$25
|
|
(c)
|
Minimum fee
|
$75
|
|
(d)
|
Demolition:
| |
|
1-2 family residential
|
$100
| |
|
Garage/accessory
|
$50
| |
|
Multi-family
|
$200
| |
|
Each unit over 3, add
|
$25
| |
|
Commercial to 10,000 square feet
|
$300
| |
|
Each additional 1,000 square feet, add
|
$25
| |
|
Underground storage tank up to 2,000 gallons (removal or closure)
|
$100
| |
|
Over 2,000 gallons
|
$200
| |
|
(e)
|
Certificate of occupancy:
| |
|
1-2 family residential
|
$75
| |
|
Multi-family (each unit)
|
$75
| |
|
Business/mercantile/assembly
|
$250
| |
|
Accessory use
|
$25
| |
|
Factory/industrial/storage up to 10,000 square feet
|
$250
| |
|
Each additional 1,000 square feet, add
|
$50
| |
|
Certificate of approval
|
$25
| |
|
If cost of permit is minimum fee
|
$10
| |
|
(f)
|
Fences:
| |
|
Up to 6 feet
|
$75
| |
|
Over 6 feet (by cost of construction)
| ||
|
(g)
|
Signs:
| |
|
Per square foot of surface
|
$5
| |
|
(h)
|
Swimming pools:
| |
|
Above ground more than 2 feet deep
|
$40
| |
|
Or more than 250 square feet surface area in ground
|
$100
| |
|
(i)
|
Asbestos removal:
| |
|
(Educational and public buildings 5:23-8.9)
|
$70
| |
|
Asbestos C of O
|
$25
| |
|
(j)
|
Application for variation
|
$75
|
|
(k)
|
Mechanical systems/equipment (HVAC)
|
15% of building fee
|
|
(l)
|
State training fee:
| |
|
(Per cubic foot of volume)
|
$0.00265
| |
|
All other work by cost of construction
|
$0.00135 per $1,000
| |
|
If cost is less than $625
|
No fee
| |
|
(m)
|
Sheds:
| |
|
Under 200 square feet
|
$75
| |
|
(n)
|
Zoning Fee for Plan Review
|
$25
|
|
(o)
|
Sidewalks/patios, any concrete work
|
$75
|
2.
Plumbing fees.
|
(a)
|
Fixtures/stacks:
| ||
|
(New or replacement) each
|
$25
| ||
|
(b)
|
Gas piping
|
$25
| |
|
(c)
|
Backflow preventer 1/2 inch to 1 inch
|
$20
| |
|
Each additional inch in diameter, Add
|
$25
| ||
|
(d)
|
Dishwasher/washing machine
|
$25
| |
|
(e)
|
Special Devices:
|
$50 each
| |
|
(1)
|
Gas service connection
| ||
|
(2)
|
Domestic boiler
| ||
|
(3)
|
Steam boiler
| ||
|
(4)
|
Water heater
| ||
|
(5)
|
Sewer pump
| ||
|
(6)
|
Oil separator/interceptor
| ||
|
(7)
|
Grease trap
| ||
|
(8)
|
Water cooled a/c or refrigerator unit
| ||
|
(f)
|
Water service installation/replacement:
| ||
|
(1)
|
Up to 1 inch
|
$30
| |
|
(2)
|
1 1/2 inch
|
$40
| |
|
(3)
|
2 inch
|
$50
| |
|
(4)
|
2 1/2 inch
|
$60
| |
|
(5)
|
3 inch
|
$75
| |
|
(6)
|
4 inch
|
$150
| |
|
(7)
|
5 inch and over
|
$250
| |
|
(g)
|
Sewer installation/replacement:
| ||
|
(1)
|
4 inch
|
$30
| |
|
(2)
|
5 inch
|
$50
| |
|
(3)
|
6 inch
|
$150
| |
|
(4)
|
Over 6 inch
|
$350
| |
|
(h)
|
Minimum fee
|
$50
| |
|
(i)
|
State training fee:
| ||
|
Per estimated cost of job
|
$0.00135 per $1,000
| ||
|
If cost is less than $625
|
No fee
| ||
|
(j)
|
Drinking Fountain
|
$25
| |
|
(k)
|
Hose Bibb
|
$25
| |
|
(l)
|
Fuel Oil Piping
|
$25
| |
3.
Electrical fees.
|
(a)
|
Switching/lighting/receptacle outlets:
| |
|
1-50
|
$40
| |
|
Each additional 25
|
$10
| |
|
(b)
|
Service panels/entrance/subpanels:
| |
|
0-200 amps
|
$50
| |
|
Over 200 to 300 amps
|
$75
| |
|
Each additional 100 amps, add
|
$25
| |
|
(c)
|
Motors:
| |
|
Fractional up to 1 HP
|
$10
| |
|
Over 1 HP/KW to 10 HP/KW
|
$15
| |
|
Over 10 HP/KW to 50 HP/KW
|
$50
| |
|
Over 50 HP/KW to 100 HP/KW
|
$100
| |
|
Over 100 HP/KW
|
$400
| |
|
(d)
|
Electrical devices/generators/transformers/vaults:
| |
|
Up to 45 KV/KW
|
$40
| |
|
Over 45 KW/KW to 112.5 KV/KW
|
$75
| |
|
Over 112.5 KV/KW
|
$400
| |
|
(e)
|
Line items:
| |
|
Range/oven/surface unit
|
$25
| |
|
Dishwasher/dryer
|
$25
| |
|
Water heater
|
$25
| |
|
Garbage disposal (replacement only)
|
$25
| |
|
Intercom system
|
$25
| |
|
Heating unit (wiring)
|
$25
| |
|
Sign
|
$25
| |
|
Pool binding (including G.F.I. Recp)
|
$100
| |
|
Baseboard heat (by KW size)
| ||
|
Smoke/heat detectors 1-5
|
$25
| |
|
Smoke/heat each additional 3, add
|
$10
| |
|
Outdoor light, poles each
|
$50
| |
|
A/C units (residential) per unit
|
$50
| |
|
A/C units (commercial) per unit
|
$100
| |
|
Heat pump (by HP size)
| ||
|
Temporary pole
|
$40
| |
|
Whirlpool/spa (by HP size)
| ||
|
Pool filter (by HP size)
| ||
|
(f)
|
Minimum fee
|
$75
|
|
(g)
|
State training fee:
| |
|
Per estimated cost of job
|
$0.00135 per $1,000
| |
|
If cost of job is less than $625
|
No fee
|
4.
Fire Subcode fees.
|
(a)
|
Suppression system:
| |
|
Up to 25 heads
|
$75
| |
|
26 to 75 heads
|
$150
| |
|
76 to 100 heads
|
$200
| |
|
Each 100 heads thereafter, add
|
$150
| |
|
(b)
|
Stank pipe per riser:
| |
|
Up to 6 inches in diameter
|
$200
| |
|
Over 6 inches
|
$300
| |
|
(c)
|
Suppression system in hood over stove:
| |
|
Restaurants
|
$150
| |
|
(d)
|
Automatic fire alarm system:
| |
|
(Supervised — Annunciator panel etc.)
|
$150
| |
|
(e)
|
Kitchen exhaust system
|
$50
|
|
(f)
|
Gas or oil fired appliances:
| |
|
Not connected to the plumbing system
|
$75
| |
|
(g)
|
Fire pump
|
$200
|
|
(h)
|
Pre-engineered suppression systems
|
$125
|
|
(i)
|
Wood burning ovens/stoves
|
$40
|
|
(j)
|
Minimum fee
|
$50
|
|
(k)
|
State training fee:
| |
|
Per estimated cost of job
|
$0.80 per $1,000
| |
|
If cost is less than $625
|
No fee
| |
|
(l)
|
Smoke control system
|
$50
|
5.
New D.C.A. (A/0 2009) ELEVATOR FEE SCHEDULES at 100% (40% admin.
fee).
|
A= Client Fee
|
B = DCA Fee
|
C = Admin. Fee
|
(a)
The fee for a permit to install an elevator device shall be
a flat fee. The fee may vary for different types of inspections, tests
and elevator devices. N.J.A.C. 5:23-4.18 (g) 1.
(b)
The categories of municipal elevator fees shall be identical
to the categories of elevator fees listed in N.J.A.C. 5:23-12.6(a)
and (b).
(c)
The fee for Plan Review for elevator devices in structures use
group R-3 and R-4 shall be: N.J.A.C. 5:23-4.20(C)6.
|
A
|
B
|
C
|
|---|---|---|
|
$101
|
$63
|
$38
|
(d)
The fee for Plan Review for elevator devices in structures in
use groups other than R-3 and R-4 shall be: N.J.A.C. 5:23-4.20 (c)7:
|
A
|
B
|
C
|
|---|---|---|
|
$459
|
$328
|
$131
|
(e)
The fee for a Certificate of Approval or Certificate of Compliance
certifying the work done under a construction permit has been satisfactorily
completed shall be: N.J.A.C. 5:23-4.20(C)3vii. Effective January 1996
no application shall be required for a Certificate of Approval.
(f)
Acceptance tests, the fee for elevators in structures not in
use group R-3 or R-4 shall be as follows: N.J.A.C. 5:23-12.6(a)li
thru vi.
|
Traction and winding drum elevators:
|
A
|
B
|
C
|
|---|---|---|---|
|
1 to 10 floors
|
$428
|
$306
|
$122
|
|
Over 10 floors
|
$714
|
$510
|
$204
|
|
Hydraulic elevators
|
$381
|
$272
|
$109
|
|
Roped hydraulic elevators
|
$428
|
$306
|
$122
|
|
Escalator and moving walks
|
$381
|
$272
|
$109
|
|
Dumbwaiter
|
$95
|
$68
|
$27
|
|
Stairway chair, incline and vertical Wheelchair lift and man
lifts
|
$95
|
$68
|
$27
|
(1)
Additional charges for devices equipped with the following features
shall be as follows:
N.J.A.C. 5:23-12.6(A)2i thru iii.
|
Oil buffers
|
$76
|
$54
|
$22
|
|
Cwt. governor and safeties
|
$190
|
$136
|
$54
|
|
Auxiliary power generator
|
$143
|
$102
|
$41
|
(g)
The fee for elevator devices in structures in Use Group R-3
or R-4 shall be: N.J.A.C. 5:23-12.6(a)3.
|
$286
|
$204
|
$82
|
(h)
The fee for witnessing acceptance tests of and performing inspections
of alterations shall be: N.J.A.C. 5:23-12.6(a)4.
|
$95
|
$68
|
$27
|
(i)
The fee for routine, six month tests and inspections for elevator
devices in structures not in Use Groups R-3 or R-4 shall be as follows:
N.J.A.C. 5:23-12.6(b)1i thru iv.
|
Traction and winding drum elevators:
|
A
|
B
|
C
|
|---|---|---|---|
|
1 to 10 floors
|
$266
|
$190
|
$76
|
|
Over 10 floors
|
$342
|
$244
|
$98
|
|
Hydraulic elevators
|
$190
|
$136
|
$54
|
|
Roped hydro
|
$266
|
$190
|
$76
|
|
Escalator and moving walk
|
$266
|
$190
|
$76
|
(j)
The fee for one year periodic inspection and witnessing of tests
of elevator devices, which shall include a six month routine inspection
shall be: N.J.A.C. 5:23-12.6(b)2i thru vi.
|
Traction and winding drum elevators:
|
A
|
B
|
C
|
|---|---|---|---|
|
1 to 10 floors
|
$381
|
$272
|
$109
|
|
Over 10 floors
|
$456
|
$326
|
$130
|
|
Hydraulic elevators
|
$286
|
$204
|
$82
|
|
Roped hydro
|
$381
|
$272
|
$109
|
|
Escalator, moving walk
|
$610
|
$436
|
$174
|
|
Dumbwaiters
|
$151
|
$108
|
$43
|
|
Manlifts, stairway chair lifts, incline and Vertical wheelchair
lifts
|
$230
|
$164
|
$66
|
(1)
Additional yearly periodic inspection charges for elevator devices
equipped with the following features shall be as follows: N.J.A.C.
5:23-12.6(b)3i thru iii.
|
Oil buffers, per buffer
|
$76
|
$54
|
$22
|
|
Cwt. governor and safeties
|
$151
|
$108
|
$43
|
|
Auxiliary power generator
|
$95
|
$68
|
$27
|
(k)
The fee for the three year or five year inspection of elevator
devices shall be as follows: N.J.A.C. 5:23-12.6(b)4i and ii.
|
Traction and winding drum elevators:
|
A
|
B
|
C
|
|---|---|---|---|
|
1 to 10 floors (5 year inspection)
|
$647
|
$462
|
$185
|
|
Over 10 floors (5 year inspection)
|
$815
|
$582
|
$233
|
|
Hydraulic and roped hydraulic elevators:
|
A
|
B
|
C
|
|---|---|---|---|
|
3 year inspection
|
$476
|
$340
|
$136
|
|
5 year inspection
|
$286
|
$204
|
$82
|
6.
In addition to those fees set forth above, the Construction Official
may require an escrow fee of up to $5,000 for an application and plans
for a construction permit for the review of said applications and
plans by the Borough Engineer.
[1974 Code § 9-1.13; Ord. No. 77-3]
The Construction Official shall, with the advice of the Subcode
Officials, prepare and submit to the Mayor and Council biannually,
a report recommending a fee schedule based on the operating expenses
of the agency, and any other expenses of the municipality fairly attributable
to the enforcement of the State Uniform Construction Code Act.
[1974 Code § 9-1.15; Ord. No. 77-3]
The Construction Official shall prepare and submit to the Mayor
and Council biannually, a report reevaluating the delineation of the
fire limits. This report shall indicate the recommendations of the
Construction Official, the Building Subcode Official, and the Fire
Subcode Official regarding those areas which should be designated
as within fire limits, with reasons therefor.
[Ord. No. 98-16 § 1]
No person shall be charged a construction permit surcharge fee
or Enforcing Agency fee for any construction, reconstruction, alteration
or improvement designed and undertaken solely to promote accessibility
by disabled persons to an existing public or private structure or
any of the facilities contained therein.
[1974 Code § 9-2.1; Ord. No. 84-8 § 1; New]
This section is adopted for the purpose of having any and all
apartments in the Borough of Fairview not being taxed to register
the apartments with the Office of the Tax Assessor for the purpose
of taxation.
[1974 Code § 9-2.2; Ord. No. 84-8 § 2]
For the purpose of this section an "illegal apartment" is defined
as follows:
a.
An apartment for which no certificate of occupancy has been issued.
b.
An apartment which would exceed the number of families permitted
according to the zoning code.
c.
An apartment which fails to meet requirements of any regulation affecting
the health, safety and welfare of the public.
d.
An apartment which fails to meet the requirements of the tenement
housing law.
e.
An apartment which is created by a landlord without the necessary
plumbing, electrical and building permits.
f.
Any other apartment which shall be in violation of any State, County
or municipal regulation.
[1974 Code § 9-2.3; Ord. No. 84-8 § 3]
Any existing "illegal apartments" which are not registered and
assessed by the Borough of Fairview must register with the Board of
Assessors within 45 days from the adoption of this section.
[1974 Code § 9-2.4; Ord. No. 84-8 § 4]
Any and all uninhabitable apartments found by any Borough agency
or any governmental department shall, within 30 days from written
notice, repair and satisfy such violations. The written notice shall
enumerate the defects.
[1974 Code § 9-2.5; Ord. No. 84-8 § 5]
If the owner of any building who rents an "illegal apartment"
to a tenant and the tenant is thereafter required to vacate the apartment,
the owner of the building will be liable for all reasonable expenses
sustained by the tenant, which shall include moving expenses to a
new location not to exceed $500 together with utility deposits.
The landlord shall also be required to return the security deposit
and any pro rata rent which may be due the tenant upon notification
by the Building Official or his duly authorized representative that
the apartment must be vacated.
[1974 Code § 11-2.6; Ord. No. 84-8 § 6]
Failure of landlord to comply with the provisions of this section
shall subject the landlord to a fine not to exceed $5,000 or confinement
up to 10 days in jail or both.
[1974 Code § 9-3A.1; Ord. No. 89-12 § 1]
a.
To determine whether the property may continue to be used as it is
currently being used in accordance with the zoning ordinances of the
Borough of Fairview or by virtue of the fact that the use is a valid
nonconforming use in the zone or a permitted use by legal variance
procedure; and
b.
To visually inspect and determine whether or not any potentially
hazardous conditions exist; and
c.
To insure that at least battery-operated smoke detectors have been
installed in order to protect the occupants from fire, smoke, personal
injury, property damage and other dangers attendant upon residential
house fires.
d.
There are any outstanding violations of law or orders of the Construction
Official pending.
The employee designated by the Mayor and Council of the Borough
of Fairview to conduct the certificate of continued occupancy shall
only inspect the building for the aforestated purposes.
[1974 Code § 9-3A.2; Ord. No. 89-12 § 2; Ord. No. 90-9 § 1; Ord. No. 04-16]
a.
Any owner, landlord or agent of any premises which is about to be
sold or newly occupied shall apply in writing utilizing the forms
provided by the municipality to the enforcement authority of the Borough
for a certificate of continued occupancy and shall supply all information
requested on the application. In the event the owner or landlord of
any premises fails to apply for a certificate of continued occupancy
it shall be the responsibility of the new owner, landlord or tenant
to file for same.
b.
The application shall be filed by the current property owner no later
than 21 calendar days prior to the anticipated date of occupancy by
a new tenant or owner.
c.
Prior to the rental, transfer of title or occupancy of any dwelling
house or houses or any dwelling unit or units provided for in this
section, application for certificate of continued occupancy shall
be made in writing to the enforcement official or his agent of the
Borough by that person, persons, firm or corporation, agent, servant
or representative, and consent shall be given therewith unto the enforcement
official or his agent to enter upon and examine the dwelling house
or houses and dwelling unit or units and the building or buildings
wherein the same may be situate, for which application is applied
for, so that the enforcement official or his agent may determine whether
or not the dwelling unit or units and the building wherein the same
may be situate fully comply with all municipal ordinances and rules
and regulations affecting the use and occupancy of all such dwelling
houses and dwelling units and structures. No certificate of continued
occupancy shall be issued unless there is full and complete compliance
with all of the foregoing unless otherwise specified in writing by
the enforcement official.
d.
All applications for such certificates, as aforesaid, shall be made
in writing and shall state the name and address of the owner of the
dwelling house or houses, the dwelling unit or units and the building
or structure wherein the same may be situate, and the name and address
of the owner-occupant or tenant-occupant or any other occupant of
the same, and also the name and address, of a sale or transfer of
title of the seller, transferor, buyer and new proposed owner-occupant
or any other purposes occupant, and shall further state the name and
address of the renting agent, if any, and shall describe the premises
to be occupied, including the street address thereof, and a designation
of the portion or portions of the premises or structures for which
the specific application is being made, and shall set forth the number
of persons who shall occupy any and all portions of the premises,
including the specific portion for which the application is being
made, and the specific room or rooms in the premises to be occupied
for sleeping purposes and the number of persons to occupy each sleeping
room.
e.
An affidavit signed by the property owner, purchasers, and realtors
describing the premises to be occupied and the penalties for maintaining
and/or establishing an illegal dwelling shall be submitted with the
application for a certificate of continued occupancy.
[1974 Code § 9-3A.3; Ord. No. 89-12 § 3]
a.
No person, firm, partnership or corporation shall sell, rent, lease,
suffer or allow any person or persons, firms, partnerships or corporations
to live in or inhabit as a tenant or lessee any house, apartment or
other structure, including a mobile home or modular unit, unless the
person, firm, partnership or corporation shall first obtain from the
Borough of Fairview an occupancy permit or continued certificate of
occupancy in accordance with this chapter.
b.
No person, group of persons, associations, partnerships or corporations,
or any combination thereof, who own, manage, conduct or operate a
dwelling unit shall sell, rent, lease, sublet or permit the same to
be occupied or rented, nor shall any person, group of persons, associations,
partnerships or corporations, or any combination thereof, purchasing
or acquiring in any manner occupancy or dwelling units permit same
to be occupied without first securing from the enforcement official
or his designated representative a certificate of occupancy or a continued
certificate of occupancy for the dwelling unit.
c.
No person shall occupy a building or portion thereof, for commercial
or industrial purpose after the building or portion thereof has been
vacated due to the sale of the commercial or industrial property or
for which there has been a change in use or change in occupancy until
the owner of the premises has applied and secured a certificate of
continued occupancy from the Borough of Fairview.
The current owner shall supply to the enforcement official a
certified to be true copy of the parcels' Environmental Clean
Up and Recovery Act (ECRA) documentation, plus a copy of the vacating
tenants ECRA documents if it is determined that ECRA applies.
[1974 Code § 9-3A.4; Ord. No. 89-12 § 4; Ord. No. 11-4]
a.
No certificate of occupancy or continued certificate of occupancy
shall be issued for a dwelling unit unless the condition of the same
complies with all of the statutes of the State of New Jersey, the
rules and regulations issued thereunder, the ordinances of the Borough
of Fairview now in existence or hereinafter enacted pertaining to
building, plumbing, electrical, zoning, health, safety, fire and minimum
housing standards, including but not limited to the BOCA Basic National
Building Code, Basic National Mechanical Code, Basic National Fire
Prevention Code, Basic National Energy Conservation Code, CABO One
and Two Family Dwelling Code, Barrier Free Code, regulations providing
for accessibility to and usability to the physically handicapped,
the Code of the Building Officials and Code Administrators International,
Inc., the National Electrical Code and the National Standard Plumbing
Code, and any other codes, rules and regulations established by the
State of New Jersey and the Borough of Fairview.
b.
In the event there is a conflict in the provisions of the codes and
the Borough of Fairview and the codes, rules and regulations of the
State of New Jersey, the higher standards for the promotion of the
health, safety and welfare of the inhabitants of the Borough shall
prevail.
c.
The Construction Official, as Code Enforcement Officer, his assistants
and deputies of the Borough of Fairview shall be the persons who have
the duty to enforce this section.
d.
Before a continued certificate of occupancy (CCO) for resale is issued
for a residential building, the Building Department is required to
review their records to ensure that all rental CCO's for each
and every apartment for the property is on file and valid for all
current tenants. If these certificates are not on file with the Building
Department and the seller cannot produce copies, the seller will be
responsible for obtaining a rental CCO for each apartment.
e.
Before a continued certificate of occupancy (CCO) for resale is issued
for a commercial building, the Building Department shall review the
records to ensure that all rental CCO's for each and every commercial
space for the property is on file and valid for all current tenants.
If these certificates are not on file with the Building Department
and the seller cannot produce copies, the seller will be responsible
for obtaining a rental CCO for each commercial space. All commercial
tenants must also have a valid Business Certificate.
f.
Before a continued certificate of occupancy (CCO) for resale is issued
for a mixed use building, the Building Department is required to review
the records to ensure that all rental CCO's for each and every
apartment and store for the property is on file and valid for all
current tenants. If these certificates are not on file with the Building
Department and the seller cannot produce copies, the seller shall
be responsible for obtaining a rental CCO for each apartment and store.
All commercial tenants must also have a valid Business Certificate.
[1974 Code § 9-3A.5; Ord. No. 89-12 § 5]
a.
Whenever a transfer, conveyance or delivery of premises is made between
immediate members of a family, including but not limited to husband
and wife.
b.
Whenever premises are purchased specifically for the building thereon
to be demolished, then, in that event, such intention shall be given
to the enforcement official in writing, and the necessary demolition
permit shall be applied for from the applicable department.
[1974 Code § 9-3A.6; Ord. No. 89-12 § 6]
a.
Upon inspection of any dwelling unit, the enforcement official may
issue a temporary certificate of occupancy conditioned upon the property
owner remedying such minor violations as shall be set forth specifically
therein within 45 days of the date thereof. Upon compliance with the
terms of the temporary certificate of occupancy, the enforcement official
shall issue a permanent certificate of occupancy. A temporary certificate
of occupancy shall not be issued in the event that substantial violations
are found to exist.
b.
Certificates of occupancy issued pursuant to this section shall set
forth the maximum number of persons by which the dwelling unit may
be occupied pursuant to code.
c.
The owner of any real property to which this section is applicable
or his agent shall cause a true copy of the temporary or permanent
certificate of occupancy to be personally delivered or mailed and
a written receipt therefor executed by the tenant or representative.
d.
It shall be unlawful for the owner of any dwelling unit for which
a temporary or permanent certificate of occupancy has been issued
to knowingly rent, lease or otherwise deliver up for occupancy the
dwelling unit to persons in excess of the number permitted by law.
It shall be unlawful for any tenant of a dwelling unit for which a
temporary or permanent certificate of occupancy has been issued to
suffer or permit the dwelling unit to be occupied by persons in excess
of the number permitted by law.
[1974 Code § 9-3A.7; Ord. No. 89-12 § 7]
Nothing contained in this section shall exempt any of the dwellings
or buildings, or parts of buildings, covered by this section from
full and complete compliance with any other ordinance or ordinances
of the Borough of Fairview as the same may be applicable.
[1974 Code § 9-3A.8; Ord. No. 89- 12 § 8]
A notice shall be included on all tax searches and added assessment
searches prepared by the Tax Collector of the Borough of Fairview
stating that a certificate of continued occupancy is required for
a change of occupancy, sale or the vacation of any building or portion
thereof used for residential and/or commercial, industrial purposes
within the Borough of Fairview provided, however, that a failure to
affix such notice shall not constitute a defense for the failure to
obtain a certificate of continued occupancy in violation of this section.
[1974 Code § 9-3A.9; Ord. No. 89-12 § 9; New; Ord. No. 01-1]
No certificate of occupancy or certificate of continued occupancy
shall be issued for any structure unless smoke detectors and carbon
monoxide alarms are installed in such structure. The standard for
installation of smoke detectors shall be in accordance with NFPA74
Installation of Household Fire Warning Equipment as hereinafter may
be amended, however, existing one and two family dwellings may utilize
approved battery operated smoke detectors.
Carbon monoxide alarms shall be installed and maintained in
full operating condition in the following locations:
a.
Single station carbon monoxide alarms shall be installed and maintained
in the immediate vicinity of the sleeping area in every guestroom
or dwelling unit in buildings that contain a fuel-burning appliance
or that have an attached garage.
b.
As an alternative to the requirements in Subsection a above, carbon monoxide alarms may be installed in the locations specified in the Uniform Construction Code (N.J.A.C. 5:23-3.20) with the approval of the Bureau.
Carbon monoxide alarms shall be manufactured, listed and labeled
in accordance with UL 2034 and shall be installed in accordance with
the requirements of this subchapter and NFPA 720. Carbon monoxide
alarms shall be battery operated, hard-wired or of the plug-in type.
[1974 Code § 9-3A.10; Ord. No.
89-12 § 10; Ord. No. 96-15; Ord. No. 96-39; Ord. No. 98-12; Ord. No.
09-10]
[1974 Code § 9-3A.11; Ord. No.
89-12 § 11]
a.
For any and every violation of the provisions of this section, the
owner, general agent or contractor of a building or premises in which
such violation has been committed or shall exist, and the owner, general
agent or contractor, lessee or tenant of any part of a building or
premises in which such violation has been committed or shall exist,
and the general agent, architect, builder, contractor or any other
person who commits, takes part in or assists in such violation, shall
for each and every day such violation continues, be subject to imprisonment
in the Bergen County Jail for a period not to exceed 90 days or to
be fined a sum not exceeding $500, or both. Each day that the violation
is permitted to exist shall constitute a separate offense, and, in
addition, the violator shall pay all costs and expenses incurred by
the Borough in determining such violation.
b.
Penalties for such violation shall be collected and violations of
this section shall be prosecuted the manner prescribed by law effective
in the Borough of Fairview. Nothing in this section shall be construed
as depriving the Borough of Fairview of any other available remedy.
[1974 Code § 9-4.1; Ord. No. 71-11]
By a resolution adopted by the Council of the Borough, the Council
has found and declared that there exists within the Borough buildings
which are unfit for human habitation due to dilapidation, defects
increasing the hazards of fire, accidents or other calamities, lack
of ventilation, light or sanitary facilities, or due to other conditions
rendering such buildings unsafe or unsanitary or dangerous or detrimental
to the health or safety, or otherwise inimical to the welfare of the
residents of the Borough.
It is in the interest of the health, welfare and safety of the
people of the Borough that these buildings be repaired, closed or
demolished.
The following is ordained by the Mayor and Council of the Borough,
by virtue of the authority of N.J.S.A. 40:48-2.3.
[1974 Code § 9-4.2; Ord. No. 71-11 § 1]
As used in this section:
Shall mean any building or structure or part thereof, whether
used for human habitation or otherwise, and includes accessory buildings
or structures, outhouses, or appurtenances belonging to a building
or structure, or usually enjoyed therewith.
Shall mean the holder or holders of the title in fee simple.
Shall mean all individuals, associations or corporations
who have interests of record in a building, or the land upon which
it is located, and any who are in actual possession thereof.
Shall mean the Construction Official, Fire Chief, Chief of
Police, or the Borough Health Inspector.
Shall mean the Construction Official.
[1974 Code § 9- 4.3; Ord. No. 71-11 § 2]
The Code Enforcement Officer of the Borough is hereby designated
as the public officer to exercise the powers hereinafter prescribed
by this section.
[1974 Code § 9-4.4; Ord. No. 71-11 § 3]
Upon the filing of a petition with the public officer by a public
authority or by at least five residents of the Borough charging that
any building is unfit for human habitation or occupancy or use, or
whenever it appears to the public officer (on his own motion) that
any building is unfit for human habitation or occupancy or use, the
public officer shall, if his preliminary investigation discloses a
basis for such charges, issue and cause to be served upon the owner
of and parties in interest in such building a complaint stating the
charges in that respect and containing a notice that a hearing will
be held before the public officer (or his designated agent) at a place
therein fixed not less than 10 days nor more than 30 days after the
service of the complaint. The owner or parties in interest shall have
the right to file an answer to the complaint and appear in person,
or otherwise, and give testimony at the time and place fixed in the
complaint; and the rules of evidence prevailing in the courts shall
not be controlling in hearings before the public officer.
[1974 Code § 9-4.5; Ord. No. 71-11 § 4]
If, after such notice and hearing, the public officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, he shall state in writing his findings of fact
in support of such determination and shall issue and cause to be served
upon the owner thereof and parties in interest, an order:
a.
Requiring 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 building vacated and closed within the time set forth in
the order; and
b.
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 building within the time
specified in the order, then the owner shall be required to remove
or demolish the building within a reasonable time as specified in
the order of removal.
[1974 Code § 9-4.6; Ord. No. 71-11 § 5]
If the owner fails to comply with the order to repair, alter
or improve or, at the option of the owner, to vacate and close the
building, the public officer may cause such building to be repaired,
altered or improved, or to be vacated and closed, and 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 occupancy of this building is prohibited
and unlawful."
[1974 Code § 9-4.7; Ord. No. 71-11 § 6]
If the owner fails to comply with an order to remove or demolish
the building, the public officer 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.
[1974 Code § 9-4.8; Ord. No. 71- 11 § 7]
The amount of 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 section determined
in favor of the Borough, and the 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
the building or for 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, and
there shall be credited against the cost of the removal or demolition
thereof 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 Borough Tax Assessor
or other custodian of the record of tax liens and with the Borough
Tax Collector and a copy thereof shall be forthwith forwarded to the
owner by registered mail. If the total of such credits exceeds such
costs the balance remaining shall be deposited in the Superior Court
by the public officer, shall be secured in such manner, as may be
directed by the Court, and shall be disbursed according to its order
or judgment. Nothing in this section shall be construed to impair
or limit in any way the power of the Borough to define and declare
nuisances and to cause their removal or abatement by summary proceedings
or otherwise.
[1974 Code § 9-4.9; Ord. No. 71-11 § 8]
The public authority may determine that a building is unfit
for human habitation or occupancy or use if he finds that conditions
exist in such building which are dangerous or injurious to the health
or safety of the occupants of such building, the occupants of neighboring
buildings or other residents of the Borough. Such conditions may include
the following (without limiting the generality of the foregoing):
defects therein increasing the hazards of fire, accident or other
calamities; lack of adequate ventilation, light or sanitary facilities;
dilapidation; disrepair, structural defects; uncleanliness.
[1974 Code § 9-4.10; Ord. No. 71-11 § 9]
Any complaint or order issued by the public officer pursuant
to this section shall be served upon the owner and parties in interest
either personally or by registered mail, but if the whereabouts of
any such owner or party in interest is unknown and the same cannot
be ascertained by the public officer in the exercise of reasonable
diligence, and the public officer shall make an affidavit to that
effect, then the service of any such complaint or order may be made
by publishing the same once each week for two successive weeks in
a newspaper printed and published in the Borough, or in the absence
of such newspaper, in one printed and published in the County and
circulated in the Borough. A copy of such complaint or order shall
be posted in a conspicuous place on the premises affected by the complaint
or order. A copy of such complaint or order shall be duly recorded
or lodged for record in the office of the County Clerk.
[1974 Code § 9-4.11; Ord. No. 71-11 § 10]
The public officer is hereby authorized to exercise such powers
as may be necessary or convenient to carry out and effectuate the
purposes and provisions of this section, including the following powers
in addition to others herein granted:
a.
To investigate the building conditions in the Borough in order to
determine which buildings therein are unfit for human habitation or
occupancy or use;
b.
To administer oaths, affirmations, examine witnesses and receive
evidence;
c.
To enter upon premises for the purposes of making examinations; provided,
however, that such entries shall be made in such manner as to cause
the least possible inconvenience to the person in possession;
d.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this section; and
e.
To delegate any of his functions and powers under this section to
such officers and agents as he may designate.
[1974 Code § 9-4.12; Ord. No. 71-11 § 11]
Nothing in this section shall be construed to abrogate or impair
the powers of the municipal court of the Borough or of any department
of the Borough to enforce any of the provisions of the Charter of
the Borough, or of its ordinances or regulations, nor to prevent or
punish violations thereof. The powers conferred by this section shall
be in addition and supplemental to the powers conferred by any other
law or ordinance.
[1974 Code § 9-5.1; Ord. No. 70-8 § 1]
No person shall rent, lease, occupy or use or cause to allow
any other person to rent, lease, occupy or use any place within the
Borough to conduct a business with the general public without first
having obtained a certificate of occupancy from the Borough to conduct
that business on the premises.
[1974 Code § 9-5.2; Ord. No. 70-8 § 2]
The certificate shall be issued by a Code Enforcement Officer
after the applicant has adequately provided that all zoning, building,
health and fire ordinances of the Borough are complied with.
[1974 Code § 9-5.3; Ord. No. 70-8 § 3]
Application for permits shall be in writing and shall state
the name and address of the owner of the place to be occupied, the
name and address of the renting agency, the name and address of the
owner and operator of the proposed business, the type of business
to be conducted, a description of the place to be occupied and its
address.
[Ord. No. 08-26 § 2; Ord. No. 08-31 § 2]
If an existing business is sold or changes its use, the new
owner must apply for a business certificate and a certificate of continued
occupancy for the rental of the store, and any construction permits
that may be needed from the Building Department. All food establishments
must also contact the Health Inspector regarding food regulations
before a business certificate is issued.
[Ord. No. 08-26 § 3; Ord. No. 08- 31 § 3]
If a new business is to open or an existing business has a change
or additional use, the new owner must apply for a business certificate
and a certificate of occupancy and any construction permits that may
be needed from the Building Department. All new business/change of
uses must also meet all zoning requirements and restrictions.
All food establishments must also contact the Health Inspector
regarding food regulations before a business certificate is issued.
[1974 Code § 9-5.4; Ord. No. 70-8 § 4; Ord. No. 08- 26 § 1; Ord. No. 08-31 § 1]
The fee for the issuance of each business certificate shall
be the sum of $250.
[1974 Code § 9-5.5; Ord. No. 70-8 § 5]
No certificate shall be issued to an applicant for any place
not complying with the provisions of this section.
[1974 Code § 9-5.6; Ord. No. 70-8 § 6]
Certificates shall not be transferable and each new business,
before it may begin operations, shall obtain a certificate in its
own name.
[1974 Code § 9-5.7; Ord. No. 70-8 § 7]
The Code Enforcement Officer shall have such powers as may be
necessary to carry out and effectuate the purpose and provisions of
this section.
[Ord. No. 09-13]
Every person engaged in the business of constructing, erecting,
altering, repairing, restoring, re-roofing, re-siding, moving, or
demolishing the whole or any part of commercial buildings or structures,
or engaging in the business of erecting or altering signs, for any
of which a permit is required by the applicable ordinances of the
Borough shall be required to register the name of such person with
the Building Inspector.
[Ord. No. 09-13]
Applications for the licensing of contractors shall be submitted to the Building Inspector on forms supplied by him and shall include, in addition to any information he may deem necessary, a statement giving the name or corporate or firm name of the contractor and in the case of a firm, corporation or partnership, the name and address of the principal officer or member of the firm, corporation or partnership. This application shall also contain the number of years such person has been in business or in existence at the current location or any other prior locations including the address of such prior locations, if any. The applicant shall state in which category he desires to be registered, choosing one or more of the categories designated in Subsection 11-7.4.
[Ord. No. 09-13]
a.
No person shall be licensed hereunder or shall be relicensed after
revocation of licensure unless there is paid to the Building Inspector
to the account of the Borough therefor a fee of $75.
b.
This license will be valid from the first of January through the
31st of December each year. All contractors will be required to be
relicensed and pay the above fee each year.
[Ord. No. 09-13]
For the purpose of this section, there shall be the following
classes for licensure:
a.
General Contractor. A general contractor who is proficient in the
construction of a commercial building or structure from start to finish
and the alterations, additions to or repair of any commercial building
or structure. This class of contractor shall be equipped to handle
such work either by and through his own organization or appropriate
subcontractors and in the latter event, shall be completely responsible
for his subcontractors' work.
b.
Contractor. A contractor who is proficient in the construction of
a commercial building or structure from start to finish and the alteration,
addition to or repair of any commercial building or structure. This
class of contractor shall be equipped to handle such work by and through
his own work of his own organization of employees.
c.
Roofing and Siding Contractor. A contractor who is engaged in the
business of, or who is proficient in the applying of roofing and siding
materials to existing or new commercial buildings or structures.
d.
Demolition Contractor. A contractor who is engaged in the business
of, or who is proficient in the demolishing of any commercial building
or structure in whole or in part.
e.
Moving Contractor. A contractor who is engaged in the business of,
or who is proficient in the moving of any commercial building or structure.
f.
Swimming Pool Contractor. A contractor who is engaged in the business
of, or who is proficient in the installation of, commercial swimming
pools, their equipment or appurtenances.
g.
Sign or Billboard Contractor. A contractor who is engaged in the
business of, or who is proficient in the erection, alteration or maintenance
of commercial signs or billboards.
h.
Miscellaneous Contractor. A contractor who is proficient in commercial
work of a special character as determined by the Building Inspector.
[Ord. No. 09-13]
a.
If any person licensed hereunder shall fail, in the execution of
any work for which a permit is required by this section, to comply
with the applicable ordinances and regulations of the Borough relevant
to the construction, erection, alteration, repair, restoration, re-siding,
re-roofing, moving or demolition of any commercial building, structure,
swimming pool, sign or billboard or part thereof, the Building Inspector
shall cause a notice of violation to be served upon such person or
the principal member or officer of any such firm or corporation in
accordance with establishing procedures as set forth in the standard
Building Code of New Jersey.
b.
Upon conviction of such violation, or upon failure to correct such
violations within the period of time stated in the notice of violation,
the license of such person shall be revoked by the Building Inspector
who shall strike the name of such person form the license list and
shall not re-enter or reinstate such license during such time as the
violation exists or remains. Upon revocation, the Building Inspector
shall cause the notice of revocation to be published in a newspaper
as required by law.
[Ord. No. 09-13]
Any person whose license has been revoked under the provisions of Subsection 11- 7.5 may be relicensed and have his name re-entered upon the licensing list upon filing with the Building Inspector a certificate or affidavit to the effect that all violations with reference to which conviction was secured have been corrected or are nonexistent, and upon payment of the fee prescribed in Subsection 11-7.3
[Ord. No. 10-10 § I]
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Borough
of Fairview so as to protect public health, safety and welfare, and
to prescribe penalties for the failure to comply.
[Ord. No. 10-10 § II]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Fairview or other public body, and is
designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 10-10 § III]
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
[Ord. No. 10-10 § IV]
Storm drain inlets identified in Subsection 11-8.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 11-8.4c below.
a.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2.
A different grate, if each individual clear space in that grate has
an area of no more than seven square inches, or is no greater than
0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces), shall have an area of no more
than seven square inches, or be no greater than two inches across
the smallest dimension.
c.
This standard does not apply:
1.
Where the Municipal Engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
[Ord. No. 10-10 § V]
This section shall be enforced by the Police Department and/or
other municipal officials of the Borough of Fairview.
[Ord. No. 10-10 § VI]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,000 for
each storm drain inlet that is not retrofitted to meet the design
standard.
[1974 Code § 9-11.1; Ord. No. 89-13 § 1; Ord. No. 94-7 § 1; Ord. No. 01-17 § 1; Ord. No. 03-13]
All buildings hereafter erected or constructed in the Borough
and all buildings hereafter converted or to be converted in whole
or in part, shall conform to the following requirement:
a.
If a room in a residence building is overcrowded, the Code Enforcement
Officer shall order the number of persons sleeping or living in the
room to be reduced so that there shall be not less than 480 cubic
feet of air to each person over the age of 12 years and 300 cubic
feet of air to each child under 12 years of age occupying such room.
[1974 Code § 9-11.2; Ord. No. 94-7 § 1.01; Ord. No. 01-17 §§ 1.01, 1.02]
a.
For the purpose of this section, an "illegal dwelling unit" is defined
as follows:
1.
A dwelling unit for which no certificate of occupancy has been issued;
2.
A dwelling unit which would exceed the number of families permitted
according to the Borough's zoning ordinance;
3.
A dwelling unit which fails to meet requirements of any regulation
affecting the health, safety and welfare of the public;
5.
A dwelling unit which fails to meet the requirements of the State
Tenant Housing Law;
6.
A dwelling unit which is created by a landlord without the necessary
plumbing, electrical and/or building permits;
[Amended 3-6-2017 by Ord. No. 17-2]
7.
Any other dwelling unit which shall be in violation of any State,
County or Municipal statute, regulation and/or ordinance;
8.
The word "landlord" shall be deemed to be the fee owner of the property
in question irrespective of their residency within the building which
houses the illegal dwelling.
9.
The word
"tenant" shall be deemed to be one who pays rent to use or occupy
a dwelling unit owned by another.
[Added 3-6-2017 by Ord. No. 17-2]
b.
For the purposes of this section, a dwelling unit is defined as follows:
one or more rooms occupied or intended for occupant as separate living
quarters by one or more persons.
[Amended 3-6-2017 by Ord. No. 17-2]
1.
Where applicable, basements must have interior first floor entrance/exit
doorways free of any locks in order not to constitute a dwelling unit.
[1974 Code § 9-11.3; Ord. No. 89-13 § 1; Ord. No. 89-32 § 1; Ord. No. 90-35 § 1; Ord. No. 94-7 § 2; Ord. No. 01-17 §§ 2-2.02; Ord. No. 03-19]
Immediately following an order to vacate an unlawful dwelling unit and/or occupancy in violation of this section or of the Zoning Ordinance of the Borough of Fairview, the Code Enforcement Officer of the Borough of Fairview shall post a notice of violation on the unlawful dwelling units. The property owner and/or tenant occupying the unlawful dwelling unit must immediately vacate same and make said unit available for inspection. A court summons will be issued to the property owner to expedite compliance of this order and fines will be issued as described in Subsection 11-9.4.
[1974 Code § 9-11.4; Ord. No. 89-13 § 3; Ord. No. 89-32 § 1; Ord. No. 94-7 § 3; Ord. No. 01-17 § 3; Ord. No. 02-33; Ord. No. 03-13; Ord. No. 03-22; Ord. No. 04-19]
a.
Any person convicted of violating any provision of this section shall
be subject to a fine of $1,250 per day. Each twenty-four-hour period
shall be deemed a separate offense.
b.
The aforesaid fine will commence with the original inspection date.
c.
Any person convicted of a subsequent violation of this section shall,
in addition to a fine of $1,250 per day, be subject to community service
of up to 90 days.
[1974 Code § 9-11.5; Ord. No. 89-13 § 4; Ord. No. 94-7 § 4; Ord. No. 01-17 § 4; Ord. No. 02-22; Ord. No.
03-13; Ord. No. 04-26]
In addition to the foregoing, any tenant who receives a Notice
of Eviction pursuant to N.J.S.A. 2A:18-61.21 or is evicted as a result
of zoning or code enforcement activities for an illegal occupancy,
shall be considered a displaced person and shall be entitled to relocation
assistance in an amount equal to six times the monthly rental paid
by the displaced person. The owner-landlord of the structure shall
be liable for the payment of relocation assistance.
The owner-landlord shall also be required to pay an additional
fine for zoning or housing code violations for an illegal occupancy
up to an amount equal to six times the monthly rental paid by the
displaced person.
Furthermore, upon affording the owner-landlord an opportunity
for a hearing on the matter for a second or subsequent violation for
an illegal occupancy, the owner-landlord shall be subject to a fine
equal to the annual cost of any resident of the illegally occupied
unit attending public school, which fine shall be recovered in a civil
action by a summary proceeding in the name of the municipality pursuant
to "The Penalty Enforcement Law of 1999", N.J.S.A. 2A:58-10 et seq.
The Municipal Court and the Superior Court shall have jurisdiction
of proceedings for the enforcement of the penalty provided by this
section. The tuition cost shall be determined in the manner prescribed
for nonresident pupils pursuant to N.J.S.A. 18A:38-19 and the payment
of the fine shall be remitted to the appropriate school district.
For the purpose of this section, a "second or subsequent violation
for an illegal occupancy" shall be limited to these violations that
are new and are a result of distinct and separate zoning or code enforcement
activities and shall not include any continuing violations for which
citations are issued by a Zoning or Code Enforcement Agent during
the time period required for summary dispossession proceedings to
conclude if the owner has initiated eviction proceedings in a court
of proper jurisdiction.
[1974 Code § 9-11.6; Ord. No. 94-7 § 5.01]
Upon written notification by the municipal official that the
apartment is illegal, the landlord shall place all prospective rent
in an interest-bearing escrow account until finalization of the municipal
action.
For example, if the landlord is issued a summons on the 15th
of the month for an illegal apartment, the landlord is required prospectively
from the day of receipt of the summons to deposit the prorated rental
for the remaining period of the month in escrow (interest-bearing
account) for the benefit of the tenant.
Additionally, all future rent payments shall be placed in escrow
until finalization of the municipal court action, and exhaustion of
all appeals.
[1974 Code § 9-11.7; Ord. No. 94-7 § 5.02; Ord. No. 01-17 § 5.02; Ord. No. 02-33; Ord. No. 03-13]
a.
Landlord shall have the right to file a variance application with
the Zoning Board of Adjustment relative to the illegal dwelling unit
provided there are no building or health and safety issues or violations.
The zoning application must be completed within 21 days of receipt
of the violation notice or the inspector shall presumptively determine
that the landlord has waived this alternative remedy. Landlords and/or
tenants shall have the right to appeal overcrowding violations through
the Municipal Court of Fairview. During the zoning appeal process,
the landlord must deposit all monthly rental sums into escrow per
the provisions of this section.
b.
If the landlord is acquitted of the violation or, in the alternative,
obtains a variance from the Board of Adjustment to utilize this apartment,
all escrowed rental payments, inclusive of interest, shall be used
for the benefit of the landlord.
[1974 Code § 9-11.8; Ord. No. 94-7 § 5.03]
If the landlord is convicted of violating this section, he/she
shall, upon exhaustion of appeal periods, tender all sums in escrow
plus any accrued interest to the tenant.
[1974 Code § 9-11.9; Ord. No. 94-7 § 5.04; Ord. No. 01-17 § 5.04]
The landlord shall have an affirmative obligation to produce
proof of this account to the Judge of the Municipal Court on the return
date of the ordinance violation or to the inspector on the reinspection
date for the property in violation, whichever is applicable.
[1974 Code § 9-11.10; Ord. No.
94-7 § 5.05]
Failure to have committed the funds in escrow shall result in
an Order to Restitution, payable to the tenant by the landlord inclusive
of statutory interest. All restitution payments must be made within
one year of finalization of the appeal process.
[1]
Editor's Note: Former Subsection 11-9.11, Recoupment of Municipal
Funds, previously codified herein and containing portions of 1974
Code § 9-11.11 and Ordinance Nos. 94-7 and 03-11 was repealed
in its entirety by Ordinance No. 04-26.
[1974 Code § 9-11.12; Ord. No.
94-7 § 7; Ord. No. 03-13]
If the landlord fails to pay the additional penalty per Subsection
11-9.11 hereof within the time periods prescribed by the Judge of
the Municipal Court which in any event shall not exceed six months,
the Court Administrator shall tender a detailed statement of the aforesaid
costs (tuition) and the amount so due shall be filed with the Borough
Tax Assessor or other custodian of the record tax liens and with the
Borough Tax Collector as a lien against the fee estate. Upon docketing
of the lien, the Court Administrator shall be required to forward
a certified copy of the lien to the landlord per this section.
[1974 Code § 9-11.13; Ord. No.
94-7 § 8]
A lien filed pursuant to this section shall be served upon the
owner and/or parties in interest either personally, evidenced by an
affidavit of service, or by certified mail, return receipt requested.
[1974 Code § 9-11.14; Ord. No.
94-7 § 9]
An original of the Order Liening the Fee Estate shall be duly
recorded in the office of the County Clerk.
[1974 Code § 9-11.15; Ord. No. 94-7 § 10; Ord. No. 01-17§ 10]
The lien shall be prepared in quadruplicate with the copies
distributed as follows:
[1974 Code § 9-11.16; Ord. No.
94-7 § 11]
Nothing in this section shall be construed to abrogate or impair
the powers of the municipal court of the Borough or any department
of the Borough to enforce any of the provisions of the Charter of
the Borough, or of its ordinances or regulations, nor to prevent or
punish violators thereof. The powers conferred by this section shall
be in addition and supplemental to the powers conferred by any other
law or ordinance.
[1974 Code § 9-11.17; Ord. No.
94-7 § 12]
If any sentence, clause or other portion of this section or
the application thereof to any person or circumstance shall for any
reason be adjudged by a court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or repeal the remainder of
this section.
[1974 Code § 9-11.18; Ord. No.
94-7 § 13]
a.
This section shall take effect upon passage and publication in the
manner prescribed by law except as otherwise noted herein.
b.
The appointed municipal official authorized to inspect for illegal
apartments shall, effective April 1, 1994, through, to and inclusive
of May 31, 1994, issue warning summonses only relative to any violations
of this section. Any person receiving a warning summons shall be required
to remedy the violation by June 1, 1994. Failure to comply by the
June 1, 1994 date shall result in the penalties and fines prescribed
herein.
c.
The provisions of Ordinance No. 89-13 shall not be effective and
shall be rescinded as modified and amended herein by this section.
d.
On June 1, 1994 the provisions of this section shall be effective
as prescribed by law.
[Ord. No. 96-11; Ord. No. 03-13]
a.
In the event building violations are found in an apartment building,
the landlord of the building shall pay the Borough a $100 fee for
each unit in which violations are found.
b.
For each inspection after the first inspection and for each inspection
thereafter, the landlord of the building shall pay a $50 fee for each
unit that must be reinspected.
c.
If the landlord fails to pay the inspection fee within 10 days after
a written notice of the reinspection, the landlord shall be subject
to a fine not to exceed $1,000 in addition to all other fines and
penalties for failing to correct the violations.
[Ord. No. 01-17 § 16]
If the inspector has suspicion, evidence, and/or complaints
concerning a property in violation of this section, the inspector
has the authority to conduct an unannounced inspection.
a.
Suspicion, evidence and/or complaints constitute but are now limited
to the following: neighbor complaints, video evidence, photos, life
hazard, memos from other Borough Departments, excessive garbage and/or
recycling, excessive vehicles, attempted school registration.
b.
Other officials that may accompany the Code Enforcement Officer are:
Borough Health Inspector, Building Inspector, Police Officer(s), and
the Fire Inspector.
[1974 Code § 9-12.1; Ord. No. 89-15 § 1]
a.
The purpose of this section is to identify and mark buildings of
truss type construction in order to safeguard the occupants and emergency
personnel in the event of fire and other hazardous condition.
b.
The provisions of this section shall apply to the owner/occupant
of any building or structure of truss type construction as determined
by the Fire Official.
[1974 Code § 9-12.2; Ord. No. 89-15 § 2]
Shall mean used or intended for supporting or sheltering
any use or occupancy, including but not limited to commercial, residential,
governmental, educational and any other place of public assembly.
Shall mean the Borough of Fairview Fire Official or their
designated representative. As defined in N.J.A.C. 5:18 Uniform Fire
Code.
Shall mean any natural person or individual, or any firm,
partnership, association, limited partnership, sole proprietorship,
corporation, or any other business entity or any government agency
or entity.
A truss is a single plane framework of individual structural
members connected at their ends to form a series of triangles to span
a distance greater than would be possible with any of the individual
members on their own.
[1974 Code § 9-12.3; Ord. No. 89-15 § 3]
a.
The section shall be enforced by the Fire Official as required by
the Mayor and Council.
b.
Upon inspection and identification of a building of such truss type
construction, the owner/occupant shall be notified by the Fire Official
of the requirements of this section in accordance with the Uniform
Fire Code of the State of New Jersey.
c.
Upon notification the owner/occupant will be required to permanently
affix a Fairview Fire Department approved 12 inches by 18 inches reflective
truss construction identification logo by the Fire Official. The identification
logo shall be properly installed within 10 days of receipt of written
notice. The initial identification logo will be supplied by the Fairview
Fire Department.
d.
The owner/occupant shall be required to maintain the approved identification
logo at the designated locations on the building, missing or damaged
identification logos will be reported to the Fire Official immediately.
Replacement cost shall be the responsibility of the owner/occupant.
Replacement must be made within 10 days of written notice from the
Fire Official. Approved identification logos are available from the
Fire Official.
[1974 Code § 9-12.4; Ord. No. 89-15 § 4]
[1974 Code § 9-12.5; Ord. No. 89-15 § 5]
Penalties shall be assessed in accordance with the Uniform Fire
Code, State of New Jersey N.J.A.C. 5:18. Failure to comply: $500.
Daily penalty for noncompliance: $100 per day in addition to initial
penalty assessment for noncompliance.
[1974 Code § 9-13.1; Ord. No. 90-20 § 1]
The Borough of Fairview hereby adopts the provisions of the
Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq. and the
regulations promulgated thereunder entitled "Regulations for Maintenance
of Hotel and Multiple Dwellings" and amendments thereto which are
set forth in N.J.A.C. 5:10-1 et seq. as the standards for the maintenance
of such structures within the Borough. Where the rules and regulations
conflict with the standards set forth in the regulations for the New
Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq., the higher
standard shall prevail.
[1974 Code § 9-14.1; Ord. No. 90-20 § 2]
There is hereby established in the Borough of Fairview the position
of Housing Inspector to enforce the regulations hereinabove set forth,
within the Borough. The Housing Inspector shall comply with the "Conditions
of Authorization" promulgated by the Department of Community Affairs
in conducting inspections. The Housing Inspector shall be appointed
by the Mayor with the advice and consent of the Council and in addition
to the above described duties shall perform such other functions as
may be designated from time to time by the Mayor and Council. The
Housing Inspector shall serve at the pleasure of the Mayor and Council.
[1974 Code § 9-14.2; Ord. No. 90-20 § 3]
a.
No person shall:
1.
Obstruct, hinder, delay or interfere with, by force or otherwise,
the Housing Inspector in the exercise or discharge of his powers or
duties.
2.
Prepare, utter or render any false statement, report or document
permitted or required to be prepared, uttered or rendered under the
provision of the aforesaid regulations.
3.
Render ineffective or inoperative any protective equipment installed
or intended to be installed in any hotel or multiple dwelling.
4.
Refuse or fail to comply with any lawful ruling, action, order or
notice issued by the Housing Inspector.
5.
Violate or cause to be violated any of the provisions of the aforesaid
regulations.
b.
Any person who violates or causes to be violated any provision of Subsection a of this subsection shall be liable, upon conviction, to the penalty stated in Chapter 1, § 1-5 for each violation. Where any violation of Subsection a of this subsection is of a continuing nature, each day during which such continuing violation remains unabated after the date fixed by the Housing Inspector in any order or notice for the correction or termination of such continuing violation shall constitute an additional, separate and distinct violation.
c.
For the purposes of this subsection, any person shall be deemed to have violated or to have caused to be violated any provision of Subsection a of this subsection whenever any officer, agent or employee thereof, under the control of and with the knowledge of the person shall have violated or caused to be violated any of the provisions of Subsection a of this subsection.
[1974 Code § 9-14.3; Ord. No. 90-20 § 4]
The Housing Inspector shall receive a salary based upon the
number of inspections performed in accordance with the fees prescribed
in the conditions of authorization promulgated by the Department of
Community Affairs.
[Ord. No. 95-20 § 1]
The owners or lessees in a structure above six stories having
an elevator must post the following information in a conspicuous location
next to the elevator in the lobby of the building:
a.
The name, address and twenty-four-hour telephone number of the owner,
representative or lessee; and
b.
The name, address and twenty-four-hour telephone number of the emergency
elevator service company.
Failure to provide the information set forth in this subsection
shall subject the owner to a fine not to exceed $500.
[Ord. No. 95-20 § 2]
If the Fire Department is called to a building above six stories
with an elevator and in the judgment of the Fire Chief in charge of
the incident a potentially dangerous condition exists with a building's
elevator system, the Fire Chief in charge of the incident will notify
the building's owner, owner's representative, superintendent
or lessee of the potentially dangerous condition. It will be the owner's
responsibility to notify their elevator service company immediately.
It shall also be the owner's responsibility to have the elevators
serviced within a ten-hour time period after notification has been
made by the Fire Chief in charge to the owner, owner's representative,
superintendent or lessee. Failure of the owner or lessee to have the
elevators serviced within 10 hours of notification from the Fire Chief
in charge to the owner, owner's representative, superintendent
or lessee shall result in a fine not to exceed $500.
[Ord. No. 95-20 § 3]
If the Fire Chief in charge or Building Inspector deems it necessary
to shut down the elevator due to improper maintenance or failure to
comply with prior verbal or written warnings by the Fire Chief in
charge to the owner, owner's representative, superintendent or
lessee, the owner or lessee shall be subject to a maximum fine of
up to $1,000.
[Ord. No. 95-20 § 4]
In the event an elevator is shut down by the Fire Chief in charge
or Building Inspector, and the Fire Chief in charge deems it necessary
to maintain emergency equipment and personnel in the building, the
owner shall be responsible for all cost incurred by the Borough for
the equipment and personnel. It shall be the responsibility of the
Fire Chief in charge to notify the Building Department of an elevator
shutdown.
[Ord. No. 95-20 § 5]
No elevator shall be placed back in service unless properly
repaired by a qualified/licensed elevator mechanic. If the owner,
lessee, owner's representative or superintendent places the elevator
back in service without having the elevator repaired by a qualified/licensed
elevator mechanic, the owner or lessee shall be subject to a fine
of up to $1,000.
[Ord. No. 03-9 § 1]
Locking mechanisms such as dead bolt, dead latch, dead lock,
and mortise locks are prohibited in all dwelling units within residential
one and two family dwellings and all multiple dwellings with the exception
of the dwelling unit entrance doors, cellar entrance door and storage
areas.
[Ord. No. 03-9 § 2]
Shall mean a locking device using a fixed bolt that, when
in the locked position, cannot be retracted by a doorknob or handle
or other normal door opening device or by the application of force
against the penetrating end of the bolt.
Shall mean a locking device, usually spring-operated, that
incorporates a feature to render the latch rigid in its locked position
and incapable of release by prying or by the turning of an outside
doorknob or handle or similar door-opening device.
Shall mean a locking device incorporating a lock that cannot
be pushed or retracted into a door by the use of tools inserted between
the frame of the door and the door itself. Except as otherwise indicated,
a dead lock may be equipped with a dead bolt or dead latch.
Shall mean a room or rooms, suite(s) or apartment(s) that
are occupied or intended to be occupied for sleeping or dwelling purposes
by one or more persons.
Shall mean a lock mortised into a door, rather than applied
to its surface.
[Ord. No. 03-9 § 3]
Failure of the owner or landlord to comply with the provisions
of this section shall subject the owner, tenant and/or landlord to
a fine not exceeding $1,000.
