[1973 Code § 66-1; Ord. No. 2-23-77; Ord. No. 11-10-92; Ord. No. 2015-3]
a. 
There is hereby established in the Town of Kearny a State Uniform Construction Code enforcing agency to be known as the "Kearny Construction Code Enforcement Department," consisting of a Construction Official, Building Subcode Official, Assistant Building Subcode Official, Plumbing Subcode Official, Electrical 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 department. All subcode officials, their assistants and staff, for the purposes of the regulations and their enforcement, are subject to the procedures and policies of the enforcing agency and are primarily responsible to the Construction Official.
b. 
Each official position created in paragraph a 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 such position.
c. 
The public shall have the right at all times to do business with the enforcing agency at one office location except for emergencies and unforeseen or unavoidable circumstances.
d. 
The official positions as created by paragraph a shall be as follows:
1. 
Construction Official, which position shall be filled by the present Building Inspector, provided that he is qualified to occupy the position.
2. 
Building Subcode Official, which position shall also be filled by the present Building Inspector, provided that he is qualified to occupy the position.[1]
[1]
Editor's Note: For regulations concerning construction hours, see Chapter 4, Section 4-16. For provisions regarding construction site debris, see Chapter 20, Section 20-4.
3. 
Assistant Building Subcode Official, which position shall be filled by the present person holding the title of Assistant Building Inspector and Superintendent of Weights and Measures.
4. 
Plumbing Subcode Official, which position shall be filled by the present Plumbing Inspector, provided that he is qualified to occupy the position.
5. 
Fire Protection Subcode Official, which position shall be filled by the present Chief Inspector of the Bureau of Combustibles of the Kearny Fire Department, provided that he is qualified to occupy the position.
6. 
The position of Electrical Subcode Official (05046) be and is hereby established as positions in and for the Town of Kearny.
7. 
Assistant Construction Official, which position shall be filled by the present Assistant Building Subcode Official, provided he is qualified to occupy the position.
e. 
Salaries. The salaries of the Construction Official, Assistant Construction Official, Building Subcode Official, Assistant Building Subcode Official, Plumbing Subcode Official and Fire Protection Subcode Official shall be set forth in the annual ordinance of the Town of Kearny.
f. 
Assistant Construction Official. The Assistant Construction Official shall act in the capacity of the Construction Official in his absence.
g. 
Central Permit Office. A central permit office, under the supervision of the Construction Official, will be located in the Municipal Building, 402 Kearny Avenue, Kearny, New Jersey, to be open during the hours of 9:00 a.m. to 4:00 p.m. on normal business days of the municipality.
[1]
Editor's Note: Former § 14-1.2, Construction Board of Appeals, 1973 Code § 66-2, was repealed 9-22-2020 by Ord. No. 2020-34.
[1973 Code § 66-3; Ord. No. 5-25-83; Ord. No. 6-8-83; Ord. No. 9-11-85; Ord. No. 4-13-88; Ord. No. 1-13-93; Ord. No. 1999-0-16 § 1; Ord. No. 2015-8]
The following schedule of fees is hereby established for various activities with the Town of Kearny.
Fee Schedule
1.A.
New Structure Fees:
I.
Use Groups: B, H & R
Volume of bldg.
0.031 per cubic feet
= $
(Volume Fee)
II.
Use Groups: A, I, F, S & M
Volume of bldg.
0.029 per cubic feet
= $
(Volume Fee)
IIb.
Use Group U
Volume
0.038 per cubic feet
= $
III.
Commercial Farm Buildings Maximum fee not to exceed $1,145
Volume of bldg.
0.011 per cubic feet
= $
(Volume Fee)
TOTAL FEE
$
(Sum of above 3 fees)
1.B.
Renovations, Alterations, Repair & Minor Work Fees:
(The applicant shall submit cost data by architect or engineer of record, a recognized estimating firm or by contractor bid. The Department will review the construction cost for acceptability.)
A.
Estimated cost up to and including $50,000
$20 per $1,000
= $
B.
Portion of cost $50,001 to & including $100,000
$16 per $1,000
= $
C.
Portion of cost above $100,000
$15 per $1,000
= $
Sum of above items
= $
D.
For combination or renovation and addition:
The sum of the fees are computed separately as renovations and additions.
1) Inground pools
shall be
= $150
2) Above ground pools
shall be
= $65
3) Roofing & Siding on R-3, R-4 Use Groups
shall be
= $65
4) Residential Fences
shall be
= $50
5) All other Fences based on Fee Schedule 1.B.
= $
2.
Plumbing Fees:
A.
Total number of fixtures
x $15
= $
Fixtures to include all fixtures, pieces of equipment or appliances connected to the plumbing system and for each appliance connected to the gas piping or, oil piping system, except as indicated below:
B.
Total number of special devices:
x $91
= $
Special devices included but not limited to grease traps, oil separators, refrigeration units, backflow preventers, active solar systems, sewer pumps, interceptors and fuel oil piping.
C.
Each domestic water service or commercial sewer connection:
x $65
= $
D.
Each commercial water service or commercial sewer connection:
x $150
= $
E.
Steam furnaces or hot water boilers shall be as follows:
0 to 200,000 B.T.U.'s
x $50
= $
201,000 to 500,000 B.T.U.'s
x $91
= $
501,000 to and over B.T.U.'s
x $175
= $
3.
Electrical Fees:
(A. & B.: Fixtures and devices to be counted for these items include lighting outlets, wall switches, fluorescent fixtures, convenience receptacles or similar fixtures and motors or devices of 1 hp or 1 kw or less.)
A.
Electrical fixtures and devices: first 50, the fee shall be
x $45
= $
B.
Increments of 25 additional fixtures and devices:
x $10
= $
(C. Through F.: For the purpose of calculating the following electrical fees, all motors except those in plug-in appliances shall be counted including control equipment, generators, transformers and all heating, cooking or other devices consuming or generating electrical current.)
C.
Each motor or electrical device greater than 1 hp and less than or equal to 10 hp and for transformers and generators greater than 1 kw and less than or equal to 10 kw:
x $12
= $
D.
Each motor or electrical device greater than 10 hp and less than or equal to 50 hp and for each service panel, service entrance or sub panel less than or equal to 200 amperes and for all transformers and generators greater than 10 kw and less than or equal to 45 kw and for each utility load management device.
x $56
= $
E.
Each motor or electrical device greater than 50 hp and less than or equal to 100 hp; for each service panel, service entrance or sub panel greater than 200 amperes and less than or equal to 1,000 amperes; and for transformers and generators greater than 45 kw and less than or equal to 112.5 kw.
x $135
= $
F.
Each motor or electrical device greater than 100 hp, for each service panel, service entrance or sub panel greater than 1,000 amperes and for each transformer or generator greater than 112.5
x $640
= $
G.
The fee for required annual inspections of swimming pools shall be:
x $77
= $
4.
Asbestos Abatement Fee:
As currently established pursuant to N.J.A.C. 5:23-8.9 (A) 1 & 2
= $
5.
Elevator Fee:
The percentage of the current departmental fees pursuant to N.J.A.C. 5:23-4.20 (c) 6 & 7 and N.J.A.C. 5:23-12.6 (a), (b) and (c) as established by the contract between the third party agency and the municipality.
6.
Fire Protection and Hazardous Equipment Fee:
(Fire protection and other hazardous equipment, sprinklers, standpipes, detectors (smoke and heat), pre-engineered suppression systems, gas and oil fired appliances not connected to the plumbing systems, kitchen exhaust systems, incinerators and crematoriums:)
A.
Number of standpipes:
x $321
= $
B.
Sprinkler heads or detectors:
1 to 20 heads or detectors
x $50
= $
21 to 100 heads or detectors
x $125
= $
101 to 200 heads or detectors
x $260
= $
201 to 400 heads or detectors
x $831
= $
401 to 1,000 heads or detectors
x $1,150
= $
Over 1,000 heads or detectors
x $1,469
= $
C.
Gas or oil fired appliance, which is not connected to the plumbing system:
Number of appliances:
x $65
= $
D.
Kitchen exhaust system:
Number of systems:
x $65
= $
E.
Incinerator:
Number of incinerators:
x $511
= $
F.
Crematorium:
Number of crematoriums:
x $511
= $
G.
Pre-engineered system:
Number of systems:
x $135
= $
7.
Demolition or Removal Permit (if needed):
A.
For Use Group U:
1.) Residential garage/oil tank:
Minimum Fee
= $50
2.) Number of gas and/or oil tanks:
x $135
= $135
B.
For a structure less than 5,000 square feet. In area and less than 30 feet in height, for one or two family residences, and for structures on farms, including commercial farm buildings:
x $160
= $
C.
All other structures:
x $420
= $
8.
Signs:
*Note: Fee to be based on 1 side of double-sided sign:
x $1.20/square feet/or
= $
Minimum Fee
= $65
9.
Certificate of Occupancy Fees:
A.
New construction of Use Groups:
R-2, R-3, R-4
$150
= $
For Use Groups: B, M, E&U
$250
= $
B.
New construction of all other Use Groups:
$300
= $
C.
Alterations or renovations requiring a Certificate of Occupancy shall be as follows:
1) Use Groups: R-1, R-2, R-3 and U
x $40 per unit
= $
2) All other Use Groups:
x $250
= $
D.
Residential swimming pools
x $20
= $
E.
Commercial swimming pools
x $155
= $
F.
The fee for a Certificate of Occupancy pursuant to a change in a Use Group shall be:
x $250
= $
G.
The fee for a Continued Certificate of Occupancy shall be:
x $150
= $
H.
The fee to renew a Temporary Certificate of Occupancy shall be:
x $2 5
= $
10.
Plan Review Fees:
For a building for compliance under the alternate systems and non-depletable energy source Provisions of the Energy Subcode shall be:
A.
For one and two family homes (Use Group R-3 of the Building Subcode), for light commercial structures having the indoor temperature controlled from a single point:
x $275
= $
B.
For all other structures:
x $1,625
= $
11.
Variation Fees:
In accordance with N.J.A.C. 5:23-2.10 shall be:
= $
A.
Class I structures:
x $821
= $
B.
Class II and III structures:
x $120
= $
C.
For resubmission of an application:
1) Class I structures:
x $321
= $
2) Class II structures:
x $65
= $
12.
Lead Hazard Abatement Fees:
A.
Lead hazard abatement work:
x $140
= $
B.
Lead abatement clearance certificate:
x $28
= $
13.
Cross Connections and Backflow Preventers Fees:
For cross connections and backflow preventers that are subject to testing, requiring re-inspections annually, the fee shall be for each device when they are tested:
x $65
= $
14.
State Training and Certification Fees:
A.
Current fees pursuant to N.J.A.C. 5:23-4.19:
= $
B.
For tank removal or demolition
No State or C/O Fee
15.
Grand Total of All Fees:
A.
Minimum fee for each subcode, exclusive of elevators, shall be:
$50
= $
B.
In the case of a discontinuance of a building project, the plan review fees are 20% of the cost of the permit fee and are
NON-REFUNDABLE
C.
Flat fee for sheds under 200 square feet shall be:
x $60
= $
[1973 Code § 66-4]
a. 
The fire limits of the Town of Kearny, pursuant to N.J.A.C. 5:23-4.7 are hereby established as follows.
1. 
Description-First Tract-Kearny Avenue.
Beginning at a point of the southerly Kearny Town Line between East Newark at the north side of the Erie-Lackawanna Railroad right-of-way and west side of Kearny Avenue continuing in a northerly direction taking in all lots, in their entirety, fronting on the west side of Kearny Avenue to the southwest corner of Washington Avenue.
2. 
Description-Second Tract-Kearny Avenue.
Beginning at a point of the northwest corner of Kearny Avenue and Elizabeth Avenue continuing in a northerly direction taking in all lots, in their entirety, fronting on the west side of Kearny Avenue to the southwest corner of Kearny Avenue and Belleville Turnpike being the northerly Kearny Town line between North Arlington.
3. 
Description-Third Tract-Kearny Avenue.
Beginning at a point of the southerly Kearny Town line between Harrison at the north side of the Erie Railroad right-of-way and on the east side of Kearny Avenue continuing in a northerly direction taking in all lots, in their entirety, fronting on the east side of Kearny Avenue to the southeast corner of Kearny Avenue and Quincy Avenue; starting again at the point formed by the intersection of Kearny Avenue and Beech Street taking in all of Block 206 which is circumferenced by Kearny Avenue, Beech Street and Oakwood Avenue, and continuing in a northerly direction taking in all lots in their entirety fronting on the east side of Kearny Avenue to the southeast corner of Columbia Avenue.
4. 
Description-Fourth Tract-Kearny Avenue.
Beginning at a point of the northeast corner of Kearny Avenue and Seeley Avenue continuing in a northerly direction taking in all lots, in their entirety, fronting on the east side of Kearny Avenue to the southeast corner of Kearny Avenue and Belleville Turnpike being the northerly Kearny Town line between North Arlington.
5. 
Description-Fifth Tract-Belleville Turnpike.
Beginning at a point of the southeast corner of Kearny Avenue and Belleville Turnpike continuing in an easterly direction taking in all lots in their entirety, fronting on the south side of Belleville Turnpike to the southwest corner of Belleville Turnpike and Schuyler Avenue.
6. 
Description-Sixth Tract-Midland Avenue.
Beginning at a point of the southeast corner of Kearny Avenue and Midland Avenue continuing in an easterly direction taking in all lots in their entirety, fronting on the south side of Midland Avenue to the southwest corner of Midland Avenue and Davis Avenue and henceforth continuing in a southerly direction on Davis Avenue taking in all lots in their entirety, fronting on the west side of Davis Avenue for a distance of 152.5 feet.
7. 
Description-Seventh Tract-Midland Avenue.
Beginning at a point of the northeast corner of Kearny Avenue and Midland Avenue continuing in an easterly direction taking in all lots, in their entirety, fronting on the north side of Midland Avenue to the northwest corner of Midland Avenue and Forest Street.
8. 
Description-Eighth Tract-Elm Street.
Beginning at a point of the northwest corner of Midland Avenue and Elm Street continuing in a northerly direction taking in all lots in their entirety, fronting on the west side of Elm Street to the south side of the Greenwood Lake Branch-Erie Lackawanna Railroad right-of-way.
b. 
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 the reasons therefor.
[Ord. No. 2002-O-77; Ord. No. 2002-(O)-06]
When an applicant for a building permit proposes to do work which will disrupt or impact in any way any street or roadway in the Town, such applicant, in addition to satisfying all other requirements applicable to the issuance of building permits in the Town, shall satisfy the following additional requirements before receiving a building permit:
a. 
The applicant shall submit the following documents to the Construction Code Enforcement Department:
1. 
Plans, at a proper scale, illustrating the proposed work;
2. 
Photographs of the street or roadway which will be impacted by the proposed work and the areas immediately adjacent thereto as it exists at the time of the application for the building permit;
3. 
A utility mark-out within the area affected;
4. 
A written agreement to completely restore the area affected within a specified number of calendar days after the first disruption thereof to the condition it was in at the time it was first completed. The selected period of time is subject to the approval of a representative of the Construction Code Enforcement Department;
5. 
Specifications, matching those used to construct the street or roadway in the first place, for the complete restoration of any and all bituminous paving, concrete sidewalks, concrete curbs, brick pavers, bollards, light poles, benches, trash receptacles, planters, sign posts and all other aspects of the street or roadway that may be disrupted or impacted in any way by such work;
6. 
An itemized and detailed estimate of the cost of the proposed work, including the cost of the complete restoration of the street or roadway, prepared by the applicant's architect or engineer;
7. 
A written agreement to submit photographs of the street or roadway once the Construction Code Enforcement representative has approved the complete restoration of the street or roadway.
b. 
The applicant shall pay an application review and site inspection fee of $100.
c. 
The applicant shall post security to ensure the complete restoration of the street or roadway in an amount equal to 120% of the estimated cost of the proposed work, including the complete restoration of the street or roadway, as determined by either the Town's engineers or the Construction Code Enforcement representative, which estimate may exceed that submitted by the applicant's engineer or architect. The applicant shall post this security by either (i) posting a bond in such amount or (ii) depositing cash in such amount in the Town's escrow account maintained by the Chief Financial Officer. There shall be filed with the posted security a written consent that if the restoration work has not been completed by the date specified in paragraph a,4, the Town may retain a private contractor to perform the restoration work and draw upon the security to pay him.
d. 
The Construction Code Enforcement Department shall issue a building permit to the applicant when it determines that (i) the above documents are acceptable in form and substance, (ii) the applicant has paid the review and inspection fee, (iii) the applicant has posted sufficient security, (iv) the applicant has satisfied all other requirements applicable to the issuance of building permits in the Town of Kearny and (v) the Town Engineer has confirmed that the requirements of paragraph a,5 have been met.
e. 
If the restoration does not occur by the time prescribed in paragraph a,4, the Town may retain a private contractor to restore the street or roadway and shall draw upon the posted security to compensate the said contractor.
[1]
Editor's Note: For regulations requiring fences or walls to protect streets and sidewalks from unsafe places, see Chapter 23, Streets and Sidewalks, Section 23-14.
[1973 Code § 62-1]
Whenever the Chief of the Fire Department or the Construction Official shall declare that any building, wall or structure is or may become dangerous to life or health, or might tend to extend a conflagration, it shall be the duty of the Construction Official to cause the removal and destruction of any such building, wall or structure.
[1973 Code § 62-2]
The cost of such removal or destruction, as herein provided, shall be assessed as a municipal lien against the lands whereon any such building, wall or structure is located, and the assessment shall be made on notice by the Board of Assessors in the same manner as improvement assessments are made.
[1973 Code § 62-3]
All proceedings taken under the provisions of this section shall be made pursuant to the provisions of N.J.S.A. 40:48-1.
[1973 Code § 62-4; Ord. No. 12-10-80]
The Construction Code Official is hereby designated and appointed to exercise the following powers enumerated in the within sections relating to buildings deemed unfit for human habitation, occupancy and use.
[1973 Code § 62-5; Ord. No. 12-10-80]
a. 
Petition; Charges and Complaints. Whenever a petition is filed with the Construction Code Official by the Mayor and Town Council or by at least five residents of the municipality charging that any building is unfit for human habitation, occupancy or use, or whenever it appears to the Construction Code Official, 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 seven days nor more than 30 days after the serving of the complaint; that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in the Courts shall not be controlling in hearings before the public officer.
b. 
Findings and Order. If after such notice and hearing, the public officer determines that the building under construction is unfit for human habitation or occupancy or use, he shall state in writing his findings or fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order:
1. 
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
2. 
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.
c. 
Failure to Comply.
1. 
If the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the building, the Construction Code Official may cause such building to be repaired, altered or improved, or to be vacated and closed; that the public officer 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 occupation of this building is prohibited and unlawful."
2. 
If the owner fails to comply with an order to remove or demolish the building, the public officer may, after obtaining a consent resolution from the Mayor and Town Council, 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.
[1973 Code § 62-6; Ord. No. 12-10-80]
The amount of:
a. 
The cost of the filing of legal papers, expert witness fees, search fees and advertising charges incurred in the course of any proceeding taken under this act determined in favor of the municipality; and
b. 
The cost of 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 such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred.
c. 
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, including the clearance and, if necessary, leveling of the site, 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 municipal tax assessor or other custodian of the records of the tax liens and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceed 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 such Court, and shall be disbursed according to the order or judgment of the court to the persons found to be entitled thereto by final order or judgment of such Court.
d. 
Any owner or party in interest may, within 30 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
[1973 Code § 62-7; Ord. No. 12-10-80]
If an actual and immediate danger to life is posed by the threatened collapse of any fire damages or other structurally unsafe building, the Construction Code Official or his designee may, after taking such measures as may be necessary to make such building temporarily safe, seek a judgment in a summary proceeding in the Superior Court for the demolition thereof.
[1973 Code § 62-8; Ord. No. 12-10-80]
Nothing in this section shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise, nor is anything in this act intended to limit the authority of the enforcing agency or Construction Official under the "State Uniform Construction Code Act," (P.L. 1975, C217) (52:27D-119), or any rules or regulations adopted thereunder.
[Ord. No. 2001-O-38 § 1; Ord. No. 2006-(O)-20 §§ 1 — 3; Ord. No. 2006-(O)-29; Ord. No. 2006-(O)-30 §§ 1 — 3]
BATHROOM FACILITIES
Shall mean a room equipped with a bathtub or shower, a sink and a toilet.
BEDROOM
Shall mean any room used in whole or in part for sleeping purposes regardless of whether such room may be utilized for other purposes as well.
DWELLING UNIT
Shall mean one or more rooms (a) occupied as separate living quarters or designed so that it or they may be occupied as a separate living quarters, (b) isolated and secure from access to all other portions of the building in which it or they are located, and (c) which include all of the following:
(i) 
Bathroom facilities not shared by occupants of any other dwelling unit,
(ii) 
Kitchen facilities, and
(iii) 
A separate means of egress not requiring access or passage through a private portion of another dwelling unit.
HABITABLE SPACE
Shall mean, for the purposes of this section, a space used for living or sleeping. Kitchens, bathrooms, toilet rooms, closets, halls, storage and utility spaces and similar areas shall be considered nonhabitable spaces for purposes of this ordinance.
KITCHEN FACILITIES
Shall mean an area with a stove or an oven where food is cooked or prepared.
OCCUPANT
Shall mean any individual above the age of two years old living or sleeping in a building or portion thereof.
[Ord. No. 2001-O-38 § 1]
Every bedroom shall comply with the following requirements:
a. 
Area for Sleeping Purposes. Every bedroom occupied by one person shall contain at least 70 square feet of floor area and every bedroom occupied by more than one person shall contain at least 50 square feet of floor area for each person thereof. If a room does not include the floor space as described in this section, the room shall not be utilized for sleeping purposes.
b. 
Efficiency Units. An efficiency unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet. An efficiency unit occupied by three occupants shall have a clear floor area of not less than 320 square feet. The maximum number of occupants in an efficiency unit shall not exceed three.
c. 
Access from Bedrooms. Bedrooms shall not constitute the only access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces; provided, that in units that contain not more than three bedrooms, access to another bedroom or habitable space and egress from a habitable space may be accomplished through not more than one bedroom.
d. 
Bathroom Facilities. Every bedroom shall have access to at least one toilet facility and one lavatory without passing through another bedroom; provided, that this requirement shall not apply to units having three or fewer bedrooms.
e. 
Prohibited Occupancy. Nonhabitable spaces as defined by this section shall not be used for sleeping purposes.
f. 
Other Requirements. Bedrooms shall comply with the requirements of N.J.A.C. 5:23 and its adopted standards, including but not limited to light, ventilation, heating facilities, electrical receptacle requirements, means of egress and emergency escape requirements and smoke detector requirements.
g. 
Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of subsections 14-6.2a and b.
h. 
Habitability. No person shall occupy any space for living or sleeping purposes other than a habitable space contained completely within a legally existing dwelling unit or a legally existing rooming or boarding house that is licensed by the State for that purpose.
[Ord. No. 2001-O-38 § 1]
The Construction Official shall be responsible for the enforcement of the provisions of this section.
[Ord. No. 2001-O-38 § 1]
a. 
Unlawful Acts. It shall be unlawful for any owner or tenant to allow the number of occupants of any dwelling unit to exceed the number permitted by subsections 14-6.2a or b or to violate any other provision of this section.
b. 
Notice of Violation. Whenever the Construction Official determines that there is a violation of this section or has grounds to believe that a violation exists, notice shall be served on the owner and person or persons responsible for the violations.
c. 
Contents of Notice. This notice shall contain:
1. 
The address and apartment number at which the violation exists.
2. 
The name and address of the owner of the property.
3. 
A statement describing the violation.
4. 
The time period within which the violation is to be corrected.
5. 
The right of the person served to request a hearing.
6. 
A statement that the notice shall automatically become an order of the Construction Official in 30 days unless a hearing is requested.
d. 
Final Order; Request for Hearing. Thirty business days after the date of service, the notice shall constitute a final order unless a person affected by the notice serves a written request for a hearing upon the Construction Official before that time. Such a request for a hearing shall set forth briefly the grounds or reasons on which the request is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The application shall be accompanied by a fee in the sum of $50. However, the fee shall be refundable if no correction or abatement is found necessary by the Construction Board of Appeals.
Within 30 days of receipt of the request, the Construction Official shall set the matter down for hearing before the Construction Board of Appeals. The party requesting the hearing shall receive at least five business days' notice of the hearing.
If the person who receives notice of a violation hereof is a property owner who, within 30 days of receipt of said notice, commences a legal action to dispossess, evict or eject the occupants who cause the violation and provides satisfactory proof of such legal action to the Construction Official, no further action hereunder shall be taken against the owner so long as such legal action is pending in Court and is prosecuted expeditiously and in good faith.
e. 
Hearings: Determination: Appeals. The Construction Official shall make available to the Construction Board of Appeals the full record of the application, including a detailed explanation of the reasons for the notice of violation.
All hearings shall be open to the public. The appellant, his representatives or legal counsel and the Construction Official or his representative shall be granted an opportunity to address the Construction Board of Appeals, which may take testimony under oath.
If fewer than four members of the Construction Board of Appeals are present to consider a specific matter, either the appellant or the Construction Official shall be entitled to a postponement of the hearing. In such cases, the proceedings shall not be stayed more than 90 days. If there is no request to postpone, any decision made by the Board members present shall be binding.
No hearing shall be conducted unless there are at least three members of the Construction Board of Appeals present.
The Construction Board of Appeals shall hear the appeal, render a decision thereon and file its decision with a statement of the reasons therefore with the Construction Official not later than 10 business days following the hearing.
The Construction Board of Appeals may affirm, reverse or modify the decision of the Construction Official or remand the matter to the Construction Official for further action.
Decision of the Construction Board of Appeals shall be by a concurring vote of at least three members. If three concurring votes are not obtained, the decision of the Construction Official shall be deemed affirmed.
The Construction Official shall take immediate action in accordance with the decision of the Construction Board of Appeals, unless the Board's decision is stayed by a Court of competent jurisdiction.
f. 
Penalties. Any person, whether owner or tenant, violating any provisions of this section shall upon conviction be subject to the following penalties:
1. 
First offense: $100.
2. 
Second offense: $500.
3. 
Third and subsequent offenses: $1,000 or imprisonment not exceeding 90 days or both.
Each day that a violation occurs or is committed shall constitute a separate offense.
The imposition of the penalties herein prescribed shall not preclude the Town of Kearny from instituting an appropriate action or proceeding to restrain, correct or abate a violation of the provisions of this section.
[1973 Code § 89-1; Ord. No. 4-11-90]
a. 
It shall be the duty of every person who shall have contracted, undertaken or agreed, or shall be bound under the terms of any lease, contract or agreement to heat or to furnish heat for any building, tenement or apartment house or portion thereof, to heat or to furnish heat for every occupied room in such building or portion thereof, so that a minimum temperature of 70° F. shall be maintained therein at all times between the hours of 6:30 a.m. and 11:00 p.m. on each and every day and at a minimum temperature of 60° F. between the hours of 11:00 p.m. and 6:30 a.m. on each and every day, whenever the outside temperature shall fall below 55° F.
b. 
For the purpose of this section, whenever a building, tenement or apartment house is heated by means of furnace, boiler or other apparatus under the control of the owner, agent or lessee of the building, tenement or apartment house, such person, in the absence of a contract or agreement to the contrary, shall be deemed to have contracted, undertaken or agreed to furnish heat in accordance with the provisions of this section.
[1973 Code § 89-2]
Whenever a building is heated by means of a furnace, boiler or apparatus under the control of the owner, agent or lessee, in the event that the furnace, boiler or apparatus becomes defective, it shall be the duty of the owner, agent or lessee to properly and immediately repair the same.
[1973 Code § 89-3; New]
Any person, firm or corporation who shall violate any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[1973 Code § 60-1; Ord. No. 9-13-89]
a. 
It shall be unlawful for any owner, operator, or lessee of any commercial establishment in the Town of Kearny to install or maintain any solid sliding, or rolled horizontal or vertical grille on the front of any such commercial establishment, provided however that it shall be lawful to continue the use of any such solid, sliding or rolled, horizontal or vertical, security grille that was installed or in use as of March 22, 1989 (the effective date of the final passage of the first ordinance prohibiting same) and provided further that all such existing grilles, solid or open, shall be retrofitted to comply with paragraphs b, c and d hereof.
b. 
Any security grille installed on any commercial establishment in the Town of Kearny shall be installed so as not to block any cellar door when the security grille is in closed or open position.
c. 
All commercial buildings equipped with security grilles shall install an alarm bell, siren, or horn; together with a warning light on the exterior of the building, which alarm, bell or siren, shall be wired to an AC powered smoke detector or system located in the interior of said commercial establishment. Smoke detectors shall be installed on all levels or floors of tenants use, and said smoke detectors and interconnected alarm shall be wired directly into a constantly active 120V AC building circuit.
d. 
A sign shall be posted in the immediate area of the exterior alarm stating as follows:
"Notify Fire Department if alarm or warning lights are activated."
[1973 Code § 60-2; Ord. No. 9-13-89]
Nothing contained herein shall apply to any such solid, sliding or rolled horizontal or vertical security grille that is already installed or existing on any commercial establishment on the effective date hereof.
[1973 Code § 60-3; Ord. No. 9-13-89]
Nothing contained herein shall be construed to repeal, amend or modify any provision of the Uniform Construction Code of the State of New Jersey, and in the event of any inconsistency between the terms of this section and the provisions of the Uniform Construction Code, the provisions of the Uniform Construction Code shall prevail.
[1973 Code § 60-4; Ord. No. 9-13-89]
No person shall install any security grille or any alarm or smoke detector in any building in the Town of Kearny without first obtaining a permit therefor from the Construction Code Official or his designee.
[1973 Code § 60-5; Ord. No. 9-13-89; New]
Any person violating the provisions of this section shall, upon conviction thereof, be liable to the penalties stated in Chapter 1, Section 1-5.
[1973 Code § 104-1]
The numbers on all houses erected or to be erected within the limits of the Town of Kearny shall correspond to the street numbers on the tax maps of the Town filed in the office of the Board of Assessors of the Town; and it shall be the duty of all property owners to have their houses numbered in conformity with the street numbers as the same are designated on the tax maps.
[1973 Code § 104-2]
In all cases where any number is or shall be hereafter affixed to any house, it shall be the duty of the owner thereof to apply to the Clerk of the Board of Assessors for the correct number of the house as the same as indicated on the tax maps of the Town, and upon the application the Clerk shall furnish to the applicant, the correct number to designate his property, and the property owner shall thereupon place and affix to his house a sign indicating the number of his house on the street whereon it is situated, in conformity with the street number of the lot as furnished by the Clerk on which the house is located.
[1973 Code § 104-3; New]
If any owner of any house erected or to be erected in the Town of Kearny shall fail to number or cause to be renumbered his house in conformity with the street numbers designated on the tax maps of the Town of Kearny as aforesaid and in accordance with the two previous subsections of this section, he shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 2003-(O)-18; Ord. No. 2003-(O)-33 § 1]
a. 
When any R-3 property is sold, leased or otherwise subjected to a change of occupancy for residential purposes, a smoke and carbon monoxide detector compliance certificate as required by the laws of the State of New Jersey must be obtained from the Construction Official/Zoning Officer prior to the issuance of a certificate of occupancy. The fee for the compliance certificate shall be $30 as required by New Jersey statutes.