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Township of Lakewood, NJ
Ocean County
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Table of Contents
Table of Contents
[1971 Code § BH13-1]
As used in this chapter:
DWELLING
Shall mean any building or structure used or occupied for human habitation or occupancy, or intended to be so used.
EXTERMINATION
Shall mean the control and elimination of infestation by eliminating harboring places, removing or making inaccessible any food, dirt, waste or other materials that may stimulate said infestation, and shall mean pest control by poisoning, spraying, trapping, fumigation by a licensed fumigator or any other recognized, legal, effective pest elimination procedure.
INFESTATION
Shall mean the presence of household pest cockroaches, vermin, harmful insects, rodent nesting places and conditions for nesting.
OCCUPANT
Shall mean the tenant, lessee or other person or persons in actual possession of and living in the dwelling.
OWNER
Shall mean any person, firm, corporation or entity holding title to a dwelling or any executor, executrix, administrator, trustee, guardian or agent of the owner.
PLUMBING
Shall mean gas pipes and provided gas burning equipment, heaters and tanks or boiler for hot water, waste pipes, water pipes, water closets, sinks, lavatories, furnaces for steam heat and other heating appliances, bathtubs, catchbasins, drains, vents and any other provided fixtures together with connections to the water, sewer or gas lines.
PROVIDED
Shall mean furnished, supplied, paid for or under the control of the owner.
[1971 Code § BH13-2.1]
It shall be the duty and responsibility of the owner:
a. 
To maintain every dwelling and every part thereof, including the roof, walls, floors, carpeting, ceilings, attics, cellars, halls, stairs, stairways, porches, plumbing, provided heating plants and provided fixtures and equipment for heating water, including chimneys and smoke pipes, doors, windows, foundations and rubbish containers in a state of sound repair and in a clean and sanitary condition.
b. 
To maintain such dwelling in such a manner so as to avoid excessive heat loss caused by lack of or improper maintenance of the doors, windows, walls, roofs or other parts of the building. All roofs, sidewalls, doors, windows, and other outside surfaces shall be kept in a rainproof and weathertight condition, so as to prevent dampness or excessive cold air from entering the premises. Any broken exterior surfaces or holes in same must be repaired within a reasonable time not to exceed 30 days.
c. 
To refrain from shutting off, or causing to have discontinued or disconnected provided utilities for any occupied dwelling, except where such interruption of utility service is necessary while in the actual process of making repairs or during temporary emergencies for which repairs are being arranged.
d. 
To maintain the basement or cellar dry and ventilated. The walls and floors of such basement or cellar below ground level shall be paved with brick, cement, tile or asphalt, or with some other impervious material. The sidewalls and ceilings of every basement or cellar shall be kept free from dampness. Cellar floors shall be drained to an outlet permanently.
e. 
To maintain sidewalls and ceilings of such dwelling unit and every habitable room, hall, closet and compartment clean and sufficiently plastered, painted or papered, so that the same may have clean, smooth and washable surfaces.
f. 
To maintain the flooring of the halls, stairs and landings clean and free from filth, ashes, garbage, rubbish, refuse, junk, soil, water, wood, paper and other material of a putrefactive or combustible nature and free from fire and accident hazards.
g. 
To maintain the porches, stairways, landings, steps, floors, fire escapes, courts, yards, alleys, areaways, passageways and all surrounding exterior surfaces of any dwelling free from any accumulation of filth, ashes, garbage, refuse, junk, paper, wood, soil matter, waste matter, drainage and other material of a combustible or putrefactive nature. Such places shall at all times be kept free from fire and accident hazards.
h. 
In every dwelling occupied by more than three families, in which the owner does not reside therein, to provide a janitor, caretaker, housekeeper or other person designated by the owner, who shall at all times keep the court, yard, alley, areaway, sidewalks and other exterior surfaces clean and free from any accumulation of waste material. Garbage and all waste material shall be removed from such dwelling premises at regular intervals and at the convenience and according to the collection schedule of the garbage removal agency of the Township.
i. 
To maintain and keep chimneys, smokestacks, smokepipes and flues, and provided heating equipment of such dwelling free from defect and in such condition as to prevent coal or illuminating gas, soot, smoke or noxious fumes or odors from entering such dwelling, dwelling unit or habitable rooms, or any dwelling or dwelling unit adjacent thereto.
j. 
To make and maintain the dwelling reasonably vermin and rodent proof and to exterminate the same.
k. 
To keep and maintain structurally sound and free from any defects the exterior of the dwelling and the masonry walls, clapboards, sheathing, shingles, exterior studs, main cornices, foundation wall, wood sills, corner posts, wood plates, supporting rafters, roofing boards and covering; the stoops and porches, flooring, railings, stair treads; the risers, posts, handrails, balustrades and newels; windows, sash, frames, sills, stools and apron; the door and door frame; the fire escapes, flooring, railings, ladders, passageways, weights, chains, basket and stairs; and the joists and crossbeams of any dwelling and parts thereof of frame construction and any part or parts subject to erosion and deterioration shall be kept well painted and free from such deterioration. Foundation walls shall be kept structurally sound and free from any defects.
l. 
No room in any dwelling shall be used for sleeping quarters unless it complies with the following regulations: Every sleeping room for one person shall have at least 70 square feet floor space and for more than one person at least 50 square feet per person. At least 1/2 of the floor area of every sleeping room shall have a ceiling height of at least seven feet. The floor area of that part of any room where the ceiling height is less that five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
m. 
To provide in every room and hall in every dwelling a window or skylight, opening directly to the outside. The total area of such window or skylight, shall not be less than 10% of the floor area of such room. All windows and skylights shall be enclosed with glass and shall be provided with suitable hardware and sashcord and made to open to the extent of 5% of the floor area. Every dwelling, habitable room and hall shall be equipped with a safe artificial lighting service, and all electrical wiring, outlets and fixtures thereof shall be installed and maintained in accordance with the requirements of the National Electrical Code. In the absence of natural ventilation, every habitable room shall be ventilated by mechanical means. No habitable room shall be lighted by gas lamps or kerosene lamps.
n. 
To provide the occupant of every dwelling with adequate and tight fitting window and door screens to cover all outside doors and windows and to maintain the same at all times in good and serviceable condition. The screens shall be constructed and maintained so as to prevent the entry of flies, mosquitoes and other disease bearing insects.
o. 
To maintain all crawl spaces, or open area under dwellings in a clean, trash free, vermin and rodent free condition, free of trash and debris, such as might tend to create an unsanitary, unsightly, unhealthy or hazardous condition.
p. 
To see that no room used for occupancy is heated by a portable kerosene, gas or oil stove or heater.
[1971 Code § BH13-2.2]
It shall be the duty and responsibility of the occupant:
a. 
To keep the dwelling in a clean and sanitary condition.
b. 
To place all garbage and refuse in proper, legal containers.
c. 
To eliminate all vermin infestation in the dwelling by prompt and proper extermination.
d. 
To refrain from willfully or maliciously damaging or permitting any member of his family to damage any part or portion of the dwelling.
e. 
To refrain from using any fuel which, by its combustion, may cause excessive smoke and the rapid discoloration of the sidewalls and ceilings of any dwelling.
f. 
To maintain in a clean and sanitary condition plumbing fixtures.
g. 
To see that no room in any dwelling is used for sleeping purposes unless it complies with the following regulations: Every sleeping room for one person shall have at least 70 square feet floor space and for more than one person at least 50 square feet per person. At least 1/2 of the floor area of every sleeping room shall have a ceiling height of at least seven feet. The floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
[1971 Code § BH13-3]
The duties and obligations of the owner and occupant shall be separate and distinct, and nothing herein contained shall be construed to relieve the owner or the occupant of any requirement or duty herein set forth.
[1971 Code § BH13-4]
No owner or occupant of a dwelling shall install or maintain any gas appliance, kerosene lamp or kerosene stove in any room used for sleeping purposes.
[1971 Code § BH13-5.1]
The Sanitary Inspector shall notify in writing, by mail or personal service, the owner or occupant, as the case may be, of the existence of a condition which constitutes a violation of this chapter and such notice shall:
a. 
Designate the dwelling or part thereof complained of.
b. 
Contain a statement of the violation existing in the dwelling.
c. 
Specify a reasonable time not to exceed 10 days in which the notice shall be complied with and the violation abated, corrected or eliminated. However, where it appears that by reason of the existing violation there is an immediate danger to life, health or safety of any occupant, the owner or occupant, as the case may be, may be required to abate or repair the condition complained of within a period of time less than 10 days.
The notice to an owner shall be sent or delivered to the last known address; however, if upon diligent search the address of the owner cannot be ascertained, such notice shall be posted upon the dwelling. In the case of the occupant, notice shall be sent to or delivered at the dwelling of the occupant.
[1971 Code § BH13-5.2]
a. 
Whenever an owner, occupant, prospective purchaser or mortgagee shall apply to the Board of Health for an inspection of any building, the Sanitary Inspector, or his agent, shall upon the payment of $5 for each building, to be paid by such applicant, make an inspection and issue a certificate or report any health violation existing on such inspected premises.
b. 
Such inspection and report shall cover only such matters as are within the power, authority or jurisdiction of the Board of Health.
c. 
All fees collected for inspections and report shall be forthwith transmitted to the office of the Township Treasurer.
[1971 Code § BH13-6]
Whenever it shall be determined by the Sanitary Inspector that any building or part thereof is unfit for human habitation, and notice of such determination shall have been affixed conspicuously on the building, and personally served upon the owner, agent or lessee, requiring all persons therein to vacate such building or part thereof, for the reasons to be stated therein, such building, or part thereof, shall within 10 days thereafter be vacated. In case of special emergency, in the judgment of the Sanitary Inspector, the building may be vacated within a shorter time span.
No building closed for violation of this section shall reopen without a new certificate of occupancy, which shall be issued only after a Board of Health certificate is obtained showing said building to have been inspected and found fit for occupancy.
[1971 Code § BH13-7]
It shall be the duty of every person who shall have contracted or undertaken, or shall be bound, to heat or to furnish heat for any building or portion thereof, occupied as a home or place or residence of one or more persons, or as a business establishment where one or more persons are employed, to heat or to furnish heat for every occupied room in such building or portion thereof, so that a minimum temperature of 70 degrees Fahrenheit may be maintained at all times. This section shall not apply to the buildings or portions thereof used and occupied for trades, businesses or occupations where such higher or lower temperatures are essential for the operation of said trade, business or occupation.
For the purpose of this section, wherever a building is heated by means of a furnace, boiler or apparatus under the control of the owner, agent or lessee in the absence of a contract or agreement to the contrary, such person shall be deemed to have contracted, undertaken or bound himself to furnish heat in accordance with the provisions of this section.
The term "at all such times" as used in this section, unless otherwise provided by a contract or agreement, shall include the time between the hours of 6:00 a.m. and 11:00 p.m., in a building or portion thereof occupied as a home or place of residence, and during the usual working hours maintained and established in a building or portion thereof, occupied as a business establishment, each day whenever the outer temperature shall fall below 60 degrees Fahrenheit. In a building or portion thereof occupied as a home or place of residence or sleeping room, the heat between 11:00 p.m. and 6:00 a.m., shall be at least 65 degrees Fahrenheit.
The terms "contract" as used in this section shall be taken to mean and include a written, verbal or implied contract, lease or letting, and the presence of heating outlets, radiators, risers or returns in any hall or apartment, or subdivision of a house, shall be prima facie evidence of an implied contract.
[1971 Code § BH13-8]
Whenever a building is heated by means of a furnace, boiler or apparatus under the control of the owner, agent or lessee, and in the event that such furnace, boiler or apparatus becomes defective it shall be the duty of the owner, agent or lessee to properly repair the same.
[1971 Code § BH13-9]
The owner, lessor, tenant, lessee or agent of any building or part thereof, except dwellings, used in any degree for occupation by human beings for business purposes, shall keep the roofs, gutters and every part of the same and the sidewalls of such buildings so that the same shall not leak. All rain water shall be drained and conveyed from such roofs, gutters or sidewalls in such manner as to prevent the drippings of water upon the ground or upon any portion of the structure or in the yard adjacent thereto.
[1971 Code § BH13-10]
No premises shall be rented, let, leased or occupied by any person unless such shall have a plentiful supply of pure water suitable for domestic purposes. No premises, home, apartment, studio apartment or lodging shall be leased to or rented for the use of more than one person unless hot water of 120 degrees Fahrenheit at the tap shall be provided for bath and kitchen use.
[1971 Code § BH13-11]
Pursuant to the powers vested in this Board of Health by N.J.S. 26:3-33, no sewerage disposal system shall be permitted on any lands or premises in the Township other than a sewerage disposal system connecting with an outside sewer or septic tank and no outhouse or privies shall be permitted in the Township.