[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.
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[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.