[HISTORY: Adopted by the Township Committee of the Township of West Deptford 8-3-1978 by Ord. No. 78-9 as Section 4:4 of the General Ordinances, effective 10-1-1978. Section 115-8 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amended 4-6-1981 by Ord. No. 81-3; 7-2-1981 by Ord. No. 81-17; 6-7-1984 by Ord. No. 84-5; 3-19-1992 by Ord. No. 92-4; 6-18-1996 by Ord. No. 96-8; 6-4-1998 by Ord. No. 98-4; 5-20-2004 by Ord. No. 2004-9; 8-7-2014 by Ord. No. 2014-16. Amended in its entirety 4-6-2016 by Ord. No. 2016-05. Other amendments noted where applicable.]
Change of Occupancy Certificate ("Certificate") shall hereafter be required for human habitation of all existing dwelling and commercial units in the Township of West Deptford before a change in occupancy of any such unit may be effected.
As used in this chapter, the following terms shall have the meanings indicated:
- EXISTING COMMERCIAL UNIT
- Any building used as a place of business requiring a fire safety registration through the Township Fire Prevention Office.
- EXISTING DWELLING UNITS
- Any building or structure presently used or used hereafter for habitation by any human beings, whether the same is occupied or to be occupied by an owner or tenant or occupied on any other basis.
The Change of Occupancy Certificate required herein does not repeal or amend requirements for other certificates heretofore provided for by ordinances of this Township or statutes of the State of New Jersey.
Application for a Change of Occupancy Certificate for change in occupancy shall be made to the Construction Code Official of this Township on a form provided by said Construction Code Official.
The Construction Code Official shall thereupon cause inspection to be made of the subject dwelling unit to determine if such unit is fit for human habitation and in compliance with the West Deptford Township Chapter 144, Swimming Pools and the following sections at the BOCA National Property Maintenance Code/1996 PM-303.7, PM-304.1, PM304-2, PM-304.3, PM-304.13, PM-305.7, PM-307.1, PM-404.2, PM-405.6, PM506.1, PM-506.4, PM-507.1, PM-602.2, PM-603.1, PM-605.1, PM-702.9, PM-704.1, PM-75.1
Construction Code Official shall thereupon cause inspection to be made to subject commercial unit to determine if such unit is fit for human habitation and meets all the requirements of the current Uniform Fire Code as enforced by the Township Fire Official or designee.
In addition to the requirement for a Change of Occupancy Certificate hereinabove set forth, it shall also be required that each such dwelling unit shall comply with N.J.A.C. 5:70-4.19. Detectors shall be installed as follows:
On each level of the premises; and
Outside of each separate sleeping area:
The smoke detectors required in all Use Group R-3 dwellings shall be located in accordance with the building code at the time of issuance of the original CO and maintained in working order.
The detectors shall not be required to be interconnected.
Smoke detectors may be battery-powered and shall be listed in accordance with ANSI/UL 217.
A/C powered smoke detectors shall be accepted as meeting the requirements of this section.
Carbon monoxide detector in the vicinity of the sleeping area.
In addition to the requirement for a Change of Occupancy Certificate hereinabove set forth, it shall also be required that each such unit shall comply with West Deptford Township's rules and regulations concerning water meters, as follows:
In order to obtain a Change of Occupancy Certificate, the Water Department shall be granted access to the property and be permitted to inspect and obtain a final reading of the inside water meter; and
If upon said inspection the Water Department determines pursuant to West Deptford Township Rules and Regulations that the water meter must be replaced, then the appropriate water meter must be installed in order to obtain a Change of Occupancy Certificate. The cost of the replacement/installation of the meter shall be paid by the current owner.
The owner of each unit subject to this chapter is hereby charged with the responsibility for making written application to the Construction Code Official for a Change of Occupancy Certificate. In the event that a change of occupancy is also accompanied by a change of ownership of a unit, the buyer may waive the seller's responsibility and assume the same; provided, however, that such waiver shall be in writing, which said waiver shall further state that the buyer is fully aware that he, she or it is assuming full responsibility for obtaining the Change of Occupancy Certificate pursuant to this chapter, and provided further that such written waiver shall be filed with the Construction Code Official.
Application to the Construction Code Office shall be accompanied by a fee of $60. If an inspection is needed to take place within 48 hours (i.e., due to a settlement), then the Application shall be accompanied by a fee of $120.
The Construction Code Official or his representative shall, within 10 workings days of the receipt of a fully completed application for a Change of Occupancy Certificate and the accompanying fee pursuant to this chapter make such inspections as are required hereinabove and, upon determining that the requirements of § 115-4B above have been completed with, issue a Change of Occupancy Certificate.
If upon the inspection or inspections aforesaid, the Construction Code Official or his representative finds the subject unit is not in compliance, said Official or his representative shall thereupon and within the said 10 working days, notify the applicant in writing of such noncompliance, specifically setting forth the violation or violations which require correction.
Upon correction of the violations, the applicant shall notify the Construction Code Official in writing and shall submit a reinspection fee of $30 with such notification whereupon the Construction Code Official or his representative shall reinspect the subject unit upon receipt of such notification and reinspection fee. This procedure shall be followed until all violations have been corrected, at which time a Change of Occupancy Certificate shall be issued.
The Construction Code Official shall furnish copies of all regulations referred to herein to any person requesting the same for a reasonable fee, commensurate with the costs of reproducing such regulations.
Conditional certificate: A conditional certificate will be granted based on extraordinary conditions that would prevent the applicant from meeting the requirements of this chapter within the allotted time. This can only take place after an initial inspection has taken place listing the deficiencies. A notarized letter from the applicant will be needed stating the hardship for not being able to meet the requirements along with a fee of $30. The conditional certificate will be granted by the Housing Official for a period of 30 days. By the end of this period all condition must be met, or required permits issued to address the conditions. Conditional certificates will not be issued for water meter issues.
Any person affected by a decision of the Construction Code Official or a notice or order issued under this chapter shall have the right to appeal. The means of appeal shall be that set out at the BOCA National Property Maintenance Code/1996 PM-111.0 through PM-111.7, which is adopted and made a part hereof, as if fully set out in this chapter, except as amended and changed, as follows: