The New Jersey State Housing Code, as approved by the Department
of Community Affairs and filed in the Secretary of State’s office,
is accepted, adopted and established pursuant to N.J.S.A. 40:49-5.1,
as the standard to guide the Construction Official or his designated
agent in determining the fitness of a dwelling unit for human habitation,
use, or occupancy and in conducting inspections for enforcement of
these regulations. A copy of the New Jersey State Housing Code codified
as N.J.A.C. 5:28-1.1 et seq., is annexed to this chapter as Exhibit
A and three copies of the same have been placed on file in the office
of the Borough Clerk, which are available to all persons desiring
to use and examine the same.
A. Attics.
(1) Unapproved
occupancies of attics are prohibited.
(2) Any
residential attic used for other than incidental storage must meet
the following criteria:
(a) There shall be no kitchen or any semblance of same (i.e., hotplate,
refrigerator, food cabinets, sink).
(b) Except for required fire exits, access to the attic shall be through
the unit below.
(c) Under no circumstances shall the attic be offered as a separate dwelling
unit, rooming unit or independent rooming unit.
(d) The attic must be an integral part of the unit below and shall not
be leased to any party that does not have full access and rights to
the unit below.
(e) The attic area must have a valid certificate of occupancy.
(f) All permits must be obtained and a certificate of occupancy issued
after final inspections.
B. Cellars.
(1) Unapproved
occupancies of cellars and/or basements are prohibited.
(2) Any
residential basement or cellar used for other than incidental storage
must meet the following criteria:
(a) There shall be no kitchen or any semblance of same (i.e., hotplate,
refrigerator, food cabinets, sink).
(b) Under no circumstances shall bedroom or sleeping quarters be allowed
in basements and/or cellars.
(c) Except for required fire exits, access to the basement or cellars
shall be through the unit above.
(d) Under no circumstance shall a basement and/or cellar be utilized
as separate dwelling unit, rooming unit or independent rooming unit.
(e) A basement and/or cellar must be an integral part of the unit above
and shall not be leased to any party that does not have full access
and rights to the unit above.
(f) The basement and/or cellar area must have a valid certificate of
occupancy.
(g) All permits must be obtained and a certificate of occupancy issued
after final inspections.
Any person violating or failing to comply with any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter
1, General Provisions, Article
II, General Penalty, of the Code. The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.