The Property Maintenance Code of Piscataway Township
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Chapter PM-1
Administration
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SECTION PM-101.0 GENERAL.
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PM-101.1 Title: These regulations shall be known
as the Property Maintenance Code of Piscataway Township hereinafter
referred to as "this code."
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PM-101.2 Scope: This code is to protect the public
health, safety and welfare in all existing structures, residential
and nonresidential, and on all existing premises by establishing minimum
requirements and standards for premises, structures, equipment, and
facilities for light, ventilation, space, heating, sanitation, protection
from the elements, life safety, safety from fire and other hazards,
and for safe and sanitary maintenance; fixing the responsibility of
owners, operators and occupants; regulating the occupancy of existing
structures and premises, and providing for administration, enforcement
and penalties.
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PM-101.3 Intent: This code shall be construed to
secure its expressed intent which is to ensure public health, safety
and welfare insofar as they are affected by the continued occupancy
and maintenance of structures and premises. Existing structures and
premises that do not comply with these provisions shall be altered
or repaired to provide a minimum level of health and safety as required
herein.
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PM-101.4 Referenced standards: The standards referenced
in this code and listed in Chapter 8* of this Property Maintenance
Code shall be considered part of the requirements of this code to
the prescribed extent of each such reference.
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Where differences occur between provisions of this code and
referenced standards, the provisions of this code shall apply.
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PM-101.5 Existing remedies: The provisions in this
code shall not be construed to abolish or impair existing remedies
of the jurisdiction or its officers or agencies relating to the removal
or demolition of any structure which is dangerous, unsafe and unsanitary.
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PM-101.6 Workmanship: All repairs, maintenance
work, alterations or installations which are caused directly or indirectly
by the enforcement of this code shall be executed and installed in
a workmanlike manner.
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PM-101.7 Application of other codes: Any repairs,
additions or alterations to a structure, or changes of occupancy,
shall be done in accordance with the procedures and provisions of
the building, plumbing and mechanical codes and NFPA 70 listed in
Chapter 8.[1]
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PM-101.8 Application to creditors:
[Ord. No. 14-17; amended 12-13-2022 by Ord. No.
2022-27] |
PM-101.8 Application to creditors.
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1. Any creditor, as that term is hereinafter defined,
which initiates a foreclosure proceeding on residential property or
a commercial property shall be responsible to remedy all violations
of any applicable State of New Jersey housing code or the Piscataway
Property Maintenance Code determined by the Township to exist on that
residential property or commercial property if the residential property
or commercial property owner has vacated or abandoned that residential
property or commercial property on which a foreclosure proceeding
has been initiated, or if that residential property or commercial
property becomes vacant at any time after the creditor files the Summons
and Complaint in its action to foreclose, but prior to the vesting
of title in the creditor or any third party.
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2. When the Township requires a creditor to remedy
such a violation, it shall send a notice to the creditor by notifying
the person or entity located within the State of New Jersey authorized
to accept service on behalf of the creditor. The notice shall include
a description of the violation(s) and shall provide the creditor a
period of not less than 30 days from the creditor's receipt of
the notice to remedy the violation(s). Service of the notice shall
be effective if sent by certified mail, return receipt requested.
If the creditor fails to remedy the violation within that time period,
the municipality may impose penalties allowed for the violation of
municipal ordinances.
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3. For purposes of this Chapter 17, a creditor shall be defined as a federal or State chartered bank, savings bank, savings and loan association or credit union, any person required to be licensed under the provisions of the "New Jersey Licensed Lenders Act," P.L. 1996 c. 157 (C. 17:11C-1 et seq.), and any entity acting on behalf of the creditor named in the debt obligation, including but not limited to servicers.
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4. In accordance with N.J.S.A. § 40:48-2.12s2,
a creditor serving a summons and complaint in an action to foreclose
on a mortgage on commercial property in the Township shall, within
10 days of serving the summons and complaint, notify the municipal
clerk and the mayor of the Township that a summons and complaint in
an action to foreclose on a mortgage has been filed against the subject
property.
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a. The notice shall contain the full name, address,
and telephone number for the representative of the creditor who is
responsible for receiving complaints of property maintenance and code
violations the full name and contact information for any person or
entity retained by the creditor or a representative of the creditor
to be responsible for any care, maintenance, security, or upkeep of
the property. The shall also contain the street address, lot and block
number of the property. The notice may contain information about more
than one property. The notice shall be provided by mail or electronic
communication at the discretion of the municipal clerk. The municipal
clerk shall forward a copy of the notice to the code official.
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b. In the event the creditor that has served a summons
and complaint in an action to foreclose on a commercial property that
is located out-of-State, the notice shall also contain the full name,
address, and telephone number of an in-State representative or agent
who shall be responsible for the care, maintenance, security, and
upkeep of the exterior of the property if it becomes vacant and abandoned.
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c. If there is any change in the name, address,
or telephone number for a representative, agent, or individual authorized
to accept service on behalf of a creditor required to be provided
in a notice pursuant to this paragraph following the filing of the
summons and complaint, the creditor shall provide a notice to the
municipal clerk containing the updated name, address, or telephone
number within 10 days of the change in that information.
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5. Pursuant to N.J.S.A. § 40:48-2.12s2,
within 30 days following the effective date of P.L. 2021, c.444 (C.40:48-2.12s1
et al.), any creditor that has initiated a foreclosure proceeding
on any commercial property that is pending in Superior Court shall
provide to the municipal clerk of the Township, a listing of all commercial
properties in the Township for which the creditor has foreclosure
actions pending by street address and lot and block number. The municipal
clerk shall forward a copy of the notice to the code official.
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SECTION PM-102.0 VALIDITY.
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PM-102.1 Validity: If any section, subsection,
paragraph, sentence, clause or phrase of this code shall be declared
invalid for any reason whatsoever, such decision shall not affect
the remaining portions of this code which shall continue in full force
and effect, and to this end the provisions of this code are hereby
declared to be severable.
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PM-102.2 Saving clause: This code shall not affect
violations of any other ordinance, code or regulation existing prior
to the effective date hereof, and any such violation shall be governed
and shall continue to be punishable to the full extent of the law
under the provisions of those ordinances, codes or regulations in
effect at the time the violation was committed.
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SECTION PM-103.0 MAINTENANCE.
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PM-103.1 Required: All equipment, systems, devices
and safeguards required by this code or a previous statute or code
for the structure or premises when erected or altered shall be maintained
in good working order. The requirements of this code are not intended
to provide the basis for removal or abrogation of fire protection
and safety systems and devices in existing structures.
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SECTION PM-104.0 APPROVAL.
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PM-104.1 Approved materials and equipment: All
materials, equipment and devices approved by the code official shall
be constructed and installed in accordance with such approval.
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PM-104.2 Modifications: Where there are practical
difficulties involved in carrying out provisions of this code, the
code official shall have the right to vary or modify such provisions
upon application of the owner or the owner's representative, provided
that the spirit and intent of the law is observed and that the public
health, safety and welfare is assured.
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PM-104.2.1 Records: The application for modification
and the final decision of the code official shall be in writing and
shall be officially recorded in the permanent records of the division.
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PM-104.3 Material and equipment reuse: Materials,
equipment and devices shall not be reused unless such elements have
been reconditioned, tested and placed in good and proper working condition
and approved.
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PM-104.4 Alternative materials and equipment: The
provisions of this code are not intended to prevent the installation
of any material or method of construction not specifically prescribed
by this code, provided that any such alternative has been approved.
An alternative material or method of construction shall be approved
when the code official finds that the proposed design is satisfactory
and complies with the intent of the provisions of this code, and that
the material, method or work offered is, for the purpose intended,
at least the equivalent of that prescribed in this code in quality,
strength, effectiveness, fire resistance, durability and safety.
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PM-104.5 Research and investigations: Sufficient
technical data shall be submitted to substantiate the proposed installation
of any material or assembly. If it is determined that the evidence
submitted is satisfactory proof of performance for the proposed installation,
the code official shall approve such alternative subject to the requirements
of this code. The cost of all tests, reports and investigations required
under these provisions shall be paid by the applicant.
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SECTION PM-105.0 DUTIES AND POWERS OF THE CODE OFFICIAL.
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PM-105.1 General: The code official shall enforce
all of the provisions of this code.
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PM-105.2 Notices and orders: The code official
shall issue all necessary notices or orders to ensure compliance with
the code.
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PM-105.3 Right of entry: The code official is authorized
to enter the structure or premises at reasonable times to inspect
subject to constitutional restrictions on unreasonable searches and
seizures. If entry is refused or not obtained, the code official is
authorized to pursue recourse as provided by law, including the issuance
of a search warrant as set forth herein.
[Ord. No. 10-23] |
PM-105.3A Search warrant: If the code official
is refused access to a structure or premises under PM-105.3, the code
official may, upon affidavit, apply to a Judge of the Municipal Court
in the Township of Piscataway for a search warrant, setting forth
factually the actual conditions and circumstances that provide a reasonable
basis for believing that a nuisance or violation of the code may exist
on the premises, including one or more of the following:
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a. Upon receipt of a written complaint;
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b. Observation of the external condition of the
premises and its public area has resulted in the belief that violation
of the code exist;
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c. Circumstances such as age of building, type of
building, particular use of premises or other factors which render
systematic inspections of such buildings necessary in the interest
of public health and safety.
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If the Judge of the Municipal Court of the Township of Piscataway
is satisfied as to the matters set forth in said affidavit, he shall
authorize the issuance of a search warrant permitting access for an
inspection of that part or those parts of the premises on which the
nuisance or violation may or is suspected to exist.
[Ord. No. 10-23] |
PM-105.4 Access by owner or operator: Every occupant
of a structure or premises shall give the owner or operator thereof,
or agent or employee, access to any part of such structure or its
premises at reasonable times for the purpose of making such inspection,
maintenance, repairs or alterations as are necessary to comply with
the provisions of this code.
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PM-105.5 Identification: The code official shall
carry proper identification when inspecting structures or premises
in the performance of duties under this code.
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PM-105.6 Coordination of enforcement: Inspection
of premises, the issuance of notices and orders and enforcement thereof
shall be the responsibility of the code official so charged by the
jurisdiction. Whenever inspections are necessary by any other department,
the code official shall make reasonable effort to arrange for the
coordination of such inspections so as to minimize the number of visits
by inspectors, and to confer with the other departments for the purpose
of eliminating conflicting orders before any are issued. A department
shall not, however, delay the issuance of any emergency orders.
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PM-105.7 Rule-making authority: The code official
shall have power as necessary in the interest of public health, safety
and general welfare, to adopt and promulgate rules and regulations
to interpret and implement the provisions of this code to secure the
intent thereof and to designate requirements applicable because of
local climatic or other conditions. Such rules shall not have the
effect of waiving structural or fire performance requirements specifically
provided for in this code or of violating accepted engineering practice
involving public safety.
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PM-105.8 Organization: The code official shall
appoint such number of officers, technical assistants, inspectors
and other employees as shall be necessary for the administration of
this code and as authorized by the appointing authority. The code
official is authorized to designate an employee as deputy who shall
exercise all the powers of the code official during the temporary
absence or disability of the code official.
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PM-105.9 Restriction of employees: An official
or employee connected with the enforcement of this code, except one
whose only connection is that of a member of the Board of Appeals
established under the provisions of Section PM-111.0, shall not be
engaged in, or directly or indirectly connected with, the furnishing
of labor, materials or appliances for the construction, alteration
or maintenance of a building, or the preparation of construction documents
thereof, unless that person is the owner of the building; nor shall
such officer or employee engage in any work that conflicts with official
duties or with the interests of the division.
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PM-105.10 Relief from personal responsibility: The
code official, officer or employee charged with the enforcement of
this code, while acting for the jurisdiction, shall not thereby be
rendered liable personally, and is hereby relieved from all personal
liability for any damage occurring to persons or property as a result
of any act required or permitted in the discharge of official duties.
Any suit instituted against an officer or employee because of an act
performed by that officer or employee in the lawful discharge of duties
and under the provisions of this code shall be defended by the legal
representative of the jurisdiction until the final termination of
the proceedings. The code official or any subordinate shall not be
liable for costs in any action, suit or proceeding that is instituted
in pursuance of the provisions of this code; and any officer of the
division of building inspection, acting in good faith and without
malice, shall be free from liability for acts performed under any
of its provisions or by reason of any act or omission in the performance
of official duties in connection therewith.
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PM-105.11 Official records: An official record
shall be kept of all business and activities of the division specified
in the provisions of this code, and all such records shall be open
to public inspection at all appropriate times and according to reasonable
rules to maintain the integrity and security of such records.
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SECTION PM-106.0 VIOLATIONS.
[Amended 12-14-2021 by Ord. No. 2021-41] |
PM-106.1 Unlawful acts: It shall be unlawful for
any person, firm or corporation to erect, construct, alter, extend,
repair, remove, demolish, maintain, fail to maintain, provide, fail
to provide, occupy, let to another or occupy or let to another person
to occupy any premises, property, structure or equipment regulated
by this code, or cause same to be done, contrary to or in conflict
with or in violation of any of the provisions of this code, or to
fail to obey a lawful order of the code official, or to remove or
deface a placard or notice posted under the provisions of this code.
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PM-106.2 Penalty: Any person, firm, or corporation
who shall violate any provisions of this code shall be subject to
the fine of not less than $250 nor more than $2,000, or imprisonment
for a term not to exceed 90 days, or both, at the discretion of the
court. Each day that a violation continues after due notice has been
served, in accordance with the terms and provisions hereof, shall
be deemed a separate offense. The penalties pursuant to this section
may be collected in a summary proceeding pursuant to N.J.S.A. 2A.58-1
et seq. (Penalty Enforcement Law).
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a. In accordance with N.J.S.A. 40:48-2.13 any owner
or tenant of lands lying within the municipality, where it shall be
necessary and expedient for the preservation of the public health,
safety, general welfare or to eliminate a fire hazard, to remove from
such lands or dwelling or destroy brush, weeds, including ragweed,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris within 10 days after notice to remove or destroy
the same, and to provide for the removal or destruction of the same
by or under the direction of some officer of the municipality in cases
where the owner or tenant shall have refused or neglected to remove
or destroy same in the manner and within the time provided above,
and to provide for the imposition of penalties for the violation of
any such ordinance.
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b. In accordance with N.J.S.A. 40:48-2.13a any owner
or tenant of lands lying within the limits of the municipality when
it is necessary and expedient for the preservation of the public health,
safety, or general welfare, to remove from that dwelling or land or
to destroy any solid waste stored in such a way that is accessible
to and likely to be strewn about by animals such as but not limited
to dogs, cats, raccoons, birds, or rodents. The removal or destruction
of the solid waste within 72 hours after the owner or tenant has received
written notice to that effect. The municipality requires the removal
or destruction of the solid waste by or under the direction of an
officer or code enforcement officer of the municipality when the owner
or tenant refuses or neglects to remove or destroy the solid waste
in the manner and within the time required by the ordinance, and provide
for the imposition of penalties for the violation of the ordinance.
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c. In accordance with N.J.S.A. 40:48-2.14 the Cost
of removal of brush, weeds, debris, etc.; lien. In all cases where
brush, weeds, including ragweed, dead and dying trees, stumps, roots,
obnoxious growth, filth, garbage, trash and debris are destroyed or
removed from any dwelling or lands under any ordinance adopted pursuant
to section 1 of P.L. 1943, c. 71 (C. 40:48-2.13) or section 1 of P.L.
1994, c. 167 (C. 40:48-2.13a), by or under the direction of the business
administrator or code enforcement officer of the municipality, the
business administrator or code enforcement officer shall certify the
cost thereof to the Township Council, certifying the actual costs
of same plus 25% administrative fee but not less than a $100 administrative
fee, to the Township Council, which shall examine the report and certificate
and, if it is correct, cause the cost as shown thereon to be charged
against the dwelling or lands. A copy of the resolution approving
the expenses shall be certified by the Township Clerk and filed with
the Tax Collector, who shall be responsible for the collection thereof.
The amount so charged shall forthwith become a lien upon the dwelling
or lands and shall be added to and become and form part of the taxes
next assessed and levied upon such dwelling and lands, shall bear
interest at the same rate as the taxes, and shall be collected and
enforced by the same officer and in the same manner as taxes. Costs
shall be in addition to any penalties imposed for any violation of
this chapter.
[Ord. No. 11-19; Ord. No. 12-23; Ord. No.
13-28] |
d. Pursuant to N.J.S.A. § 40:48-2.12f, the Township, by
resolution of its governing body, may abate a nuisance, correct a
defect, or put the premises in proper condition so as to comply with
the requirements of any municipal ordinance or State law applicable
thereto, at the cost of the owner or lessor, and expend municipal
funds for such purpose and charge the same against the premises, and
the amount thereof as determined by the governing body of the municipality
shall be a lien against the premises and collectible as provided in
this act.
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PM-106.3 Prosecution: In case of any unlawful acts
the code official shall institute an appropriate action or proceeding
at law to exact the penalty provided in Section PM-106.2. Also, the
code official shall ask the jurisdiction's legal representative to
proceed at law or in equity against the person responsible for the
violation for the purpose of ordering that person:
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1. To restrain, correct or remove the violation
or refrain from any further execution of work;
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2. To restrain or correct the erection, installation,
maintenance, repair or alteration of such structure;
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3. To require the removal of work in violation;
or
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4. To prevent the occupancy of the structure that
is not in compliance with the provisions of this code.
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SECTION PM-107.0 NOTICES AND ORDERS.
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PM 107.1 Notice to Owner or to person or persons responsible: Whenever the code official determines that there has been a violation
of this code or has grounds to believe that a violation has occurred,
notice shall be given to the owner or the person or persons responsible
therefor in the manner prescribed in Sections PM-107.2 and PM-107.3.
Notices for condemnation procedures shall comply with Section PM-108.3.
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PM-107.1.1 Summons: At the discretion of the code
official, or his designee, notices, orders, or hearings to abate will
be issued when the following violations have occurred.
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1. Not providing sufficient heat in any residential
building or dwelling unit as required under PM 602.
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2. The illegal use of any building or dwelling unit.
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3. The conversion of a building or dwelling unit
without proper application.
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4. The ownership of a building or dwelling unit
that has been illegally converted.
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5. Inadequate exitway facilities; or
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6. Any violation that the code official deems to
constitute an imminent hazard to public safety or welfare.
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PM-107.2 Form: Such notice prescribed in Section
PM-107.1 shall:
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1. Be in writing;
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2. Include a description of the real estate sufficient
for identification;
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3. Include a statement of the reason or reasons
why the notice is being issued; and
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4. Include a correction order allowing a reasonable
time for the repairs and improvements required to bring the dwelling
unit or structure into compliance with the provisions of this code.
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PM-107.3 Method of service: Such notice shall be
deemed to be properly served if a copy thereof is (a) delivered to
the owner personally; or (b) sent by certified or registered mail
addressed to the owner at the last known address with return receipt
requested. If the certified or registered letter is returned showing
that the letter was not delivered, a copy thereof shall be posted
in a conspicuous place in or about the structure affected by such
notice and such notice shall be published once in a newspaper circulated
in the municipality in which the property is located. Service of such
notice in the foregoing manner upon the owner's agent or upon the
person responsible for the structure shall constitute service of notice
upon the owner.
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PM-107.4 Penalties: Penalties for noncompliance
with orders and notices shall be as set forth in Section PM-106.2.
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PM-107.5 Transfer of ownership: It shall be unlawful
for the owner of any dwelling unit or structure who has received a
compliance order or upon whom a notice of violation has been served
to sell, transfer, mortgage, lease or otherwise dispose of to another
until the provisions of the compliance order or notice of violation
have been complied with, or until such owner shall first furnish the
grantee, transferee, mortgagee or lessee a true copy of any compliance
order or notice of violation issued by the code official and shall
furnish to the code official a signed and notarized statement from
the grantee, transferee, mortgagee or lessee, acknowledging the receipt
of such compliance order or notice of violation and fully accepting
the responsibility without condition for making the corrections or
repairs required by such compliance order or notice of violation.
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SECTION PM-108.0 UNSAFE STRUCTURES AND EQUIPMENT.
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PM-108.1 General: When a structure or equipment
is found by the code official to be unsafe, or when a structure is
found unfit for human occupancy, or is found unlawful, such structure
shall be condemned pursuant to the provisions of this code.
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PM-108.1.1 Unsafe structure: An unsafe
structure is one that is found to be dangerous to the life, health,
property or safety of the public or the occupants of the structure
by not providing minimum safeguards to protect or warn occupants in
the event of fire, or because such structure contains unsafe equipment
or is so damaged, decayed, dilapidated, structurally unsafe, or of
such faulty construction or unstable foundation, that partial or complete
collapse is likely.
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PM-108.1.2 Unsafe equipment: Unsafe
equipment includes any boiler, heating equipment, elevator, moving
stairway, electrical wiring or device, flammable liquid containers
or other equipment on the premises or within the structure which is
in such disrepair or condition that such equipment is a hazard to
life, health, property or safety of the public or occupants of the
premises or structure.
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PM-108.1.3 Structure unfit for human occupancy: A structure is unfit for human occupancy whenever the code official
finds that such structure is unsafe, unlawful or, because of the degree
to which the structure is in disrepair or lacks maintenance, is unsanitary,
vermin or rat infested, contains filth and contamination, or lacks
ventilation, illumination, sanitary or heating facilities or other
essential equipment required by this code, or because the location
of the structure constitutes a hazard to the occupants of the structure
or to the public.
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PM-108.1.4 Unlawful structure: An unlawful
structure is one found in whole or in part to be occupied by more
persons than permitted under this code, or was erected, altered or
occupied contrary to law.
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PM-108.2 Closing of vacant structures: If the structure
is vacant and unfit for human habitation and occupancy, and is not
in danger of structural collapse, the code official is authorized
to post a placard of condemnation on the premises and order the structure
closed up so as not to be an attractive nuisance. Upon failure of
the owner to close up the premises within the time specified in the
order, the code official shall cause the premises to be closed through
any available public agency or by contract or arrangement by private
persons and the cost thereof shall be charged against the real estate
upon which the structure is located and shall be a lien upon such
real estate.
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PM-108.3 Notice: Whenever the code official has
condemned a structure or equipment under the provisions of this section,
notice shall be posted in a conspicuous place in or about the structure
affected by such notice and served on the owner or the person or persons
responsible for the structure or equipment in accordance with Section
PM-107.3. The notice shall be in the form prescribed in Section PM-107.2.
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PM-108.3a Content of Notice: Pursuant to N.J.S.A.
40:48:2.5, the Notice shall be in the form of a complaint, addressed
to the property owner and any known parties-in- interest and state
the charges in that respect and advise that a hearing will be held
at a designated time and location not less than seven days and nor
more than 30 days after the serving of the complaint before the Board
of Appeals. The complaint shall also advise that the owner and parties-in-interest
have the right to file an answer to the complaint, appear in person
and give testimony at the place and time fixed in the complaint and
that the NJ Court Rules governing evidence procedures shall not govern
the hearings before the Board of Appeals.
[Ord. No. 12-12] |
PM-108.3b Order: After the conclusion of the notice
and hearing, in the event that the Board of Appeals determines that
the building under consideration is unfit for human habitation or
occupancy or use, such determination shall be issued in writing stating
the findings of fact and shall be served upon the owner and parties-in-interest
in the form of an order. Pursuant to Section PM-105.2, the order shall
be issued by the code official. The order shall require:
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(1) 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 said building vacated and closed within the
time set forth in the order; and
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(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 said
building within the time specified in the order, then the owner shall
be required to remove or demolish the said building within a reasonable
time as specified in the said order of removal.
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(d) That, 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 code official may cause such building
to be repaired, altered or improved, or to be vacated and closed;
that the code official 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."
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(e) That, if the owner fails to comply with an order
to remove or demolish the building, the code official may 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.
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(f) That the amount of
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(1) the cost of the filing of legal papers, expert
witnesses' fees, search fees and advertising charges, incurred in
the course of any proceeding taken under this act determined in favor
of the municipality, and
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(2) such cost of such 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. If the building is removed or demolished by the public officer,
he shall sell the materials of such building. 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 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 code official, 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 entitle
thereto by final order or judgment of such court. 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.
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If an actual and immediate danger to life is posed by the threatened
collapse of any fire damaged or other structurally unsafe building,
the code official may, after taking such measures as may be necessary
to make such building temporarily safe, seek a judgment in summary
proceedings for the demolition thereof.
[Ord. No. 12-12] |
PM-108.4 Placarding: Upon failure of the owner
or person responsible to comply with the notice provisions within
the time given, the code official shall post on the premises or on
defective equipment, a placard bearing the word "Condemned" and a
statement of the penalties provided for occupying the premises, operating
the equipment or removing the placard.
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PM-108.5 Prohibited occupancy: Any person who shall
occupy a placarded premises or shall operate placarded equipment,
and any owner or any person responsible for the premises who shall
let anyone occupy a placarded premises or operate placarded equipment
shall be liable for the penalties provided by this code.
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PM-108.6 Removal of placard: The code official
shall remove the condemnation placard whenever the defect or defects
upon which the condemnation and placarding action were based have
been eliminated. Any person who defaces or removes a condemnation
placard without the approval of the code official shall be subject
to the penalties provided by this code.
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SECTION PM-109.0 EMERGENCY MEASURES.
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PM-109.1 Imminent danger: When, in the opinion
of the code official, there is imminent danger of failure or collapse
of a building or structure which endangers life, or when any structure
or part of a structure has fallen and life is endangered by the occupation
of the structure, or when there is actual or potential danger to the
building occupants or those in the proximity of any structure because
of explosives, explosive fumes or vapors or the presence of toxic
fumes, gases or materials, or operation of defective or dangerous
equipment, the code official is hereby authorized and empowered to
order and require the occupants to vacate the premises forthwith.
The code official shall cause to be posted at each entrance to such
structure a notice reading as follows: "This Structure is Unsafe and
its Occupancy has been Prohibited by the Code Official." It shall
be unlawful for any person to enter such structure except for the
purpose of securing the structure, making the required repairs, removing
the hazardous condition, or of demolishing the same.
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PM-109.2 Temporary safeguards: Notwithstanding
other provisions of this code, whenever, in the opinion of the code
official, there is imminent danger due to an unsafe condition, the
code official shall order the necessary work to be done, including
the boarding-up of openings, to render such structure temporarily
safe whether or not the legal procedure herein described has been
instituted; and shall cause such other action to be taken as the code
official deems necessary to meet such emergency.
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PM-109.3 Closing streets: When necessary for the
public safety, the code official shall temporarily close structures
and close, or order the authority having jurisdiction to close, sidewalks,
streets, public ways and places adjacent to unsafe structures, and
prohibit the same from being utilized.
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PM-109.4 Emergency repairs and demolition: For
the purposes of this section, the code official shall employ the necessary
labor and materials to perform the required work as expeditiously
as possible. Additionally, the code official shall order the demolition
of any building which in the code official's judgment is so old, dilapidated
or has become so out of repair as to be an imminent danger to the
health, safety and welfare of the public.
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PM-109.5 Costs of emergency repairs and demolition: Costs incurred in the performance of emergency work, including repairs
or demolition, shall be paid first, from the fines collected in the
enforcement of this code, and then from the treasury of the jurisdiction
on approval of the code official. All costs incurred by the Township
due to the razing and removal of any structure pursuant to this Code
shall be charged against the real estate upon which the structure
is located and shall be a lien upon such real estate. The legal counsel
of the jurisdiction shall institute appropriate action against the
owner of the premises where the unsafe structure is or was located
for the recovery of such costs.
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PM-109.6 Hearing: Any person ordered to take emergency
measures shall comply with such order forthwith. Any affected person
shall thereafter, upon petition directed to the appeals board, be
afforded a hearing as described in this code.
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SECTION PM-110.0 DEMOLITION.
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PM-110.1 General: Upon the advice and consent of
the Mayor of the Township (except in cases of extreme emergency with
imminent harm), the code official shall order the owner of any premises
upon which is located any structure, which in the code official's
judgment is so old, dilapidated or has become so out of repair as
to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation
or occupancy, and such that it is unreasonable to repair the structure,
to raze and remove such structure; or if such structure is capable
of being made safe by repairs, to repair and make safe and sanitary
or to raze and remove at the owner's option; or where there has been
a cessation of normal construction of any structure for a period of
more than two years, to raze and remove such structure.
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PM-110.2 Order: All notices and orders shall comply
with Section PM-107.0.
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PM-110.3 Failure to comply: If the owner of a premises
fails to comply with a demolition order within the time prescribed,
the code official shall cause the structure to be razed and removed,
either through an available public agency or by contract or arrangement
with private persons, and the cost of such razing and removal shall
be first paid from the fines levied and collected in the enforcement
of this Code, and second from the treasury of the jurisdiction upon
approval of the code official. All costs incurred by the Township
due to the razing and removal of any structure pursuant to this Code
shall be charged against the real estate upon which the structure
is located and shall be a lien upon such real estate.
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PM-110.4 Salvage materials: When any structure
has been ordered razed and removed, the governing body or other designated
officer under said contract or arrangement aforesaid shall have the
right to sell the salvage and valuable materials at the highest price
obtainable. The net proceeds of such sale, after deducting the expenses
of such razing and removal, shall be promptly remitted with a report
of such sale or transaction, including the items of expense and the
amounts deducted, for the person who is entitled thereto, subject
to any order of a court. If such a surplus does not remain to be turned
over, the report shall so state.
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SECTION PM-111.0 MEANS OF APPEAL.
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PM-111.1 Application for appeal; Fee: Any person
affected by any notice which has been issued in connection with the
enforcement of Section P.M. 108, 109, 110 or 308 only may request
and shall be granted a hearing on the matter before the Board of Appeals;
provided that such person shall file in the office of the enforcing
division a written petition requesting such hearing and containing
a statement of the grounds therefor within five days after the day
notice was served. Any person requesting an appeal shall be required
to remit a fee of $50 at the time the request is filed.
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PM-111.2 Membership of the board: Said board shall
consist of three residents of the Township appointed by the Mayor,
with the advice and consent of Council, including at least one person
skilled in real estate sales or development, property management,
general contracting or who is a registered architect or engineer with
at least three years experience. Each member shall have been a resident
of the Township for at least one year prior to appointment. The Mayor
may appoint, with the advice and consent of Council, in addition to
the three members above provided for, an alternate member of the board.
Such alternate member shall have full power to act when a member of
the board is excused because of conflict of interest or when a member
is absent. All appointments, other than the alternate member, shall
be for a period of two years. Each member shall serve until his or
her successor has been appointed and qualified.
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PM-111.2.1 Chairman: The board shall
annually select one of its members to serve as chairman.
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PM-111.2.2 Disqualification of member: A member shall not hear an appeal in which that member has any personal,
professional or financial interest.
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PM-111.2.3 Secretary: The chief administrative
officer shall designate a qualified clerk to serve as secretary to
the board. The secretary shall file a detailed record of all proceedings
in the office of the chief administrative officer.
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PM-111.2.4 Compensation of members: Compensation of members shall be determined by law.
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PM-111.3 Notice of meeting: The board shall meet
upon notice from the chairman, within 10 days of the filing of an
appeal, or at stated periodic meetings.
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PM-111.4 Open hearing: All hearings before the
board shall be open to the public. The appellant, the appellant's
representative, the code official, and any person whose interests
are affected shall be given an opportunity to be heard.
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PM-111.5 Procedure: The board shall adopt and make
available to the public through the secretary, procedures under which
a hearing will be conducted. The procedures shall not require compliance
with strict rules of evidence but shall mandate that only relevant
information be received.
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PM-111.6 Resolution: The decision of the board
shall be by resolution. Certified copies shall be furnished to the
appellant and to the code official.
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PM-111.7 Administration: The code official shall
take immediate action in accordance with the decision of the board.
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PM-111.8 Court review: Any person, whether or not
a previous party of the appeal, shall have the right to apply to the
appropriate court for a writ of certiorari to correct errors of law.
Application for review shall be made in the manner and time required
by law following the filing of the decision in the office of the chief
administrative officer.
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SECTION PM-112.0 CONFLICT; COMPLIANCE AND INTERPRETATION.
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PM-112.1 Conflict: In the event of conflict between
the Zoning Ordinance of the Township of Piscataway, and this Property
Maintenance Ordinance, the terms of the Zoning Ordinance of the Township
of Piscataway shall take precedence.
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PM-112.2 Compliance: Compliance with the terms
and conditions of this Property Maintenance Code of the Township of
Piscataway does not alleviate the requirement of compliance with the
terms and conditions of the Zoning Ordinance, Site Plan Review Ordinance,
or Land Use Procedures Ordinance of the Township of Piscataway.
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PM-112.3 Interpretation: This Property Maintenance
Code of the Township of Piscataway shall not be interpreted in any
manner which is in conflict with the Zoning, Site Plan Review, or
Land Use Procedures Ordinances of the Township of Piscataway.
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Chapter PM-113
ABANDONED PROPERTY
[Added 11-26-2019 by Ord. No. 19-29]
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PM-113.1 Purpose and intent. It is the purpose
and intent of this article to establish a process to mitigate the
amount of deteriorating property located within the Township of Piscataway,
which is vacant and/or in default for which a public notice of default
has been filed regardless of occupancy, is in foreclosure, or where
ownership has been transferred to lender or mortgagee by any legal
method. It is further intended to establish a registration program
as a mechanism to protect neighborhoods from becoming blighted through
the lack of adequate maintenance of abandoned and vacated properties
subject to a mortgage or properties subject to mortgages that are
in default.
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PM-113.2 Definitions. The following words, terms
and phrases, when used in this article, shall have the meanings ascribed
to them, except where the context clearly indicates a different meaning.
Where the context will permit and no definitions are provided herein,
the definitions provided in the State of New Jersey Building Code
shall apply.
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ABANDONED REAL PROPERTY: Any real property
that is vacant and/or is under a current notice of default, notice
of mortgagee's sale, pending tax assessor's lien sale and/or properties
that have been the subject of a foreclosure sale where title is retained
by the beneficiary of a mortgage involved in the foreclosure, and
any properties transferred under a deed-in-lieu of foreclosure sale,
a short sale or any other legal means.
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ACCESSIBLE PROPERTY: A property that
is accessible through a compromised/breached gate, fence, wall, etc.
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ACCESSIBLE STRUCTURE: A structure/building
that is unsecured and/or breached in such a way as to allow access
to the interior space by unauthorized persons.
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DEFAULT: Mortgagee declares said mortgage
to be in default either in writing, by recording a lis pendens, or
by its actions, or commences foreclosure proceedings.
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ENFORCEMENT OFFICER: Any full-time
law enforcement officer, Building Official, Fire Inspector or Code
Enforcement Officer employed by, contracted for, or servicing the
Township of Piscataway.
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EVIDENCE OF VACANCY: Any condition
that on its own, or combined with other conditions present would lead
a reasonable person to believe that the property is vacant. Such conditions
may include, but not be limited to, overgrown and/or dead vegetation;
electricity, water or other utilities turned off; stagnant swimming
pool; and statements by neighbors, passers-by, delivery agents or
government agents, among other evidence.
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FORECLOSURE: The judicial process by
which a property, placed as security for a mortgage loan, after a
judicial process, is to be sold at an auction to satisfy a debt upon
which the borrower has defaulted.
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LOCAL PROPERTY MANAGER: An individual
property manager, property management company, property maintenance
company or similar entity located within Middlesex County, designated
by the owner or mortgagee which is responsible for the maintenance
of abandoned real property.
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PUBLIC PROPERTY: Canals, all waterways,
lands and improvements owned by any governmental body or any governmental
agency including but not limited to easements and rights-of-way, but
excluding the campus of any institution of the state university system.
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RESIDENTIAL BUILDING: Any improved
real property, or portion thereof, situated in the Township, designed
or permitted to be used for dwelling purposes, and shall include the
buildings and structures located on such improved real property.
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VACANT: Any building or structure that
is not lawfully occupied or inhabited by human beings.
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PM-113.3 Applicability. This article relates to
abandoned and vacant property and to property subject to a mortgage
that has been determined by the mortgagee to be in default. This article
shall be considered cumulative and is not superseding or subject to
any other law or provision for same, but shall rather be an additional
remedy available to the Township above and beyond any other state,
county and/or local provisions for same.
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PM-113.4 Violations and penalties. Any person who
shall violate the provisions of this article shall, upon conviction,
be subject to the penalties and provisions of Section PM-106.0 through
PM-106.3. In addition, any violation of this section may be enforced
by the CO/CCO Supervisor.
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PM-113.5 Registration of real property mortgagee holding
mortgages in default.
[Amended 12-13-2022 by Ord. No. 2022-27] |
A. Any mortgagee who holds a mortgage on real property
located within the Township of Piscataway or any bank who owns non-foreclosed
on real property, shall perform an inspection of the property that
is the security for the mortgage, upon default by the mortgagor, the
issuance of a notice of default, or receipt of notice of potential
vacancy of a non-foreclosed property by the CO/CCO Supervisor. If
the property is found to be vacant or shows evidence of vacancy, it
shall be deemed abandoned and the mortgagee shall, within 10 days
of the inspection, register the property with the CO/CCO Supervisor,
designee, or other authorized representative, on forms provided by
the Township of Piscataway. A registration is required for each vacant
property.
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B. If the property is occupied but remains in default,
it shall be inspected by the mortgagee or his designee monthly until
the mortgagor or other party remedies the default, or it is found
to be vacant or shows evidence of vacancy at which time it is deemed
abandoned, and the mortgagee shall, within 10 days of that inspection,
register the property with the CO/CCO Supervisor, his/her designee,
or Township-authorized representative, electronically via the Township
or other designated website or on forms provided by the Township of
Piscataway.
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C. Within 10 days of the date the mortgagee declares
its mortgage to be in default through public notice or recordation,
or a bank-owned non-foreclosed real property is deemed vacant, the
mortgagee or bank shall register the real property with the Township
or its designee and, at the time of registration, shall designate
in writing a local property manager to inspect, maintain and secure
the real property subject to the mortgage in default.
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D. Registration. Registration pursuant to this section
shall contain at a minimum the name of the mortgagee and servicer
along with the corresponding mailing addresses of both mortgagee/servicer,
email addresses, and telephone numbers and name of the local property
manager and said person's address, email address, and telephone number.
The local property manager shall be responsible to inspect, secure
and maintain the property. The property manager named in the registration
shall be located within Middlesex County and available to be contacted
Monday through Friday between 9:00 a.m. and 5:00 p.m., holidays and
lunch hours excepted. If the subject of the registration is investor-
or bank-owned, the registration shall contain at the minimum the name
of the owner, the mailing address of the owner, email address, and
telephone number, asset manager along with the property manager.
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E. An annual registration fee in the amount of $500
per property shall accompany the registration or a modification of
a registration. There is no fee for modifying contact information,
if the organizational information remains the same and within one
year of the last registration payment. If the property is vacant or
abandoned at the time of registration or any time after registration,
as defined in PM-113.2, the Township may impose an additional $2,000
fee per property annually. The Township of Piscataway may assign and
delegate the collection of such fee to an independent contractor as
noted on the registration form.
[Amended 5-5-2020 by Ord. No. 2020-15; 12-13-2022 by Ord. No. 2022-27] |
F. This section shall also apply to properties that
have been the subject of a foreclosure sale where title is transferred
to a beneficiary of a mortgage involved in the foreclosure and any
properties transferred to the mortgagee under a deed in lieu of foreclosure/sale.
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G. Any person or other legal entity that has registered
a property under this article must report any change of information
contained in the registration within 10 days of the change.
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H. Properties subject to this section shall remain
under the annual registration requirement, inspection, security, and
maintenance standards of this section as long as they remain vacant
or subject to having been declared by a mortgagee to be in default.
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I. Failure of the mortgagee and/or property owner
of record to properly register or to revise from time to time the
registration to reflect a change of circumstances as required by this
article is a violation of the codes of the Township of Piscataway
and may result in a citation by the Housing Certificate of Occupancy
Office. Pursuant to a finding and determination by the CO/CCO Supervisor
that any property is in violation of Township ordinances, the Township
of Piscataway may take the necessary action to ensure compliance with
its ordinances and place a lien(s) on the property for the cost of
the work performed to benefit the property and to bring it into compliance,
which lien may be assigned to either the entity that performs the
work or arranges to have the work performed.
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J. At such time that the property becomes abandoned
the mortgagee or bank shall submit a no trespass affidavit with the
CO/CCO Supervisor and/or assignee.
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PM-113.6 Maintenance requirements.
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A. Properties subject to this article shall be kept
free of weeds, overgrown brush, dead vegetation, trash, junk, debris,
building materials, any accumulation of newspapers, circulars, flyers,
notices, except those required by federal, state, or local law, discarded
personal items, including, but not limited to, furniture, clothing,
large and small appliances, or any other items that give the appearance
that the property is abandoned or not being properly maintained. Weeds,
overgrown brush or dead vegetation over the height limitations imposed
by the Township of Piscataway's codes are prohibited.
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B. The property shall be maintained free of graffiti
or similar markings by removal or painting over with an exterior grade
paint that matches the color of the exterior structure. Yards shall
be landscaped and maintained pursuant to the standards set forth in
the Code. Landscaping shall include, but not be limited to, grass,
ground cover, bushes, shrubs, hedges or similar plantings, decorative
rock or bark or artificial turf/sod designed specifically for residential,
commercial or industrial installation, as applicable. Landscaping
shall not include weeds, gravel, broken concrete, asphalt or similar
material.
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C. Maintenance shall include, but not be limited
to, watering, irrigation, cutting and mowing of required landscape
and removal of all trimmings and weeds.
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D. Pools and spas shall be kept in working order
so that pool and spa water remains free and clear of pollutants and
debris. Pools and spas shall comply with the enclosure requirements
of the Township of Piscataway Codes and the State of New Jersey Building
Code.
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E. Failure of the mortgagee and/or property owner
of record to properly maintain the property is a violation of the
code of ordinances of the Township of Piscataway and may result in
the issuance of a citation by the Housing Certificate of Occupancy
Office. Pursuant to a finding and determination by the CO/CCO Supervisor
they may take the necessary action to ensure compliance with its ordinances
and place a lien(s) on the property and assign it as provided herein.
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PM-113.7 Security requirements.
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A. Properties subject to this article shall be maintained
in a secure manner so as not to be accessible to unauthorized persons.
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B. A "secure manner" shall include, but not be limited
to, the closure and locking of windows, doors, gates and other openings
of such size that may allow a child or adult to access the interior
of the property and/or structure. Broken windows shall be secured
by reglazing or boarding.
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C. If a mortgage on the property is in default on
the property and has become vacant or abandoned, a local property
manager shall be designated by the mortgagee to perform the work necessary
to bring the property into compliance with the code of ordinances
and the local property manager must perform weekly inspections to
verify compliance with the requirements of this section, and any other
applicable laws or ordinances of the Township of Piscataway.
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D. When the property becomes vacant or abandoned,
it shall be posted with the name and twenty-four-hour contact telephone
number of the local property manager. The posting shall be no less
than 18 inches by 24 inches, and shall be of a font that is legible
from a distance of 45 feet. The posting shall contain the following
language: "This property is managed by (Name of Local Property Manager).
To report problems or concerns call (Telephone number of Local Property
Manager)."
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E. The posting shall be placed on the interior of
a window facing the street to the front of the property so that it
is visible from the street, or secured to the exterior of the building/structure
facing the street to the front of the property so that it is visible
from the street, or if no such area exists, on a stake of sufficient
size to support the posting in a location that is at all times visual
from the street to the front of the property but not readily accessible
to vandals. Exterior posting shall be constructed of and printed with
weather-resistant materials.
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F. The local property manager shall inspect the
property on a biweekly basis to ensure that the property is in compliance
with this section. Upon the request of the Township of Piscataway,
or its authorized representative, the local property manager shall
provide a copy of the inspection reports to the Housing Certificate
of Occupancy Office.
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G. Failure of the mortgagee and/or property owner
of record to properly inspect and secure the property, and post and
maintain the signage noted in this section, is a violation of this
article and shall result in the issuance of a notice of violation
by a CO/CCO Supervisor. Pursuant to a finding and determination made
by the Township of Piscataway or its designee, necessary action may
be taken to ensure compliance with this section, and a lien(s) may
be placed on the property and assigned as provided herein.
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PM-113.8 Additional authority. The CO/CCO Supervisor,
designee, or other authorized representative shall have authority
to require the mortgagee and/or owner of record of any property affected
by this section to implement additional maintenance and/or security
measures including, but not limited to, securing any and all door,
window or other openings, employment of an on-site security guard,
or other measures as may be reasonably required to help prevent further
decline of the property.
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PM-113.9 Supplemental provisions. Nothing contained
in this article shall prohibit the Township of Piscataway from enforcing
its codes by any other means, including, but not limited to, injunction,
abatement or as otherwise provided by code.
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Chapter PM-2
Definitions
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SECTION PM-201.0 GENERAL.
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PM-201.1 Scope: Unless otherwise expressly stated,
the following terms shall, for the purposes of this code, have the
meanings shown in this chapter.
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PM-201.2 Interchangeability: Words stated in the
present tense include the future; words stated in the masculine gender
include the feminine and neuter; the singular number includes the
plural and the plural the singular.
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PM-201.3 Terms defined in other codes: Where terms
are not defined in this code and are defined in the building, plumbing
or mechanical codes listed in Chapter 8, such terms shall have the
meanings ascribed to them as in those codes.
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PM-201.4 Terms not defined: Where terms are not
defined, through the methods authorized by this section, such terms
shall have ordinarily accepted meanings such as the context implies.
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PM-201.5 Parts: Whenever the words "dwelling unit,"
"dwelling," "premises," "building," "rooming house," "rooming unit"
or "story" are stated in this code, they shall be construed as though
they were followed by the words "or any part thereof."
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SECTION PM-202.0 GENERAL DEFINITIONS.
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Alteration: Any change to a building
or portion thereof which would change the use or intensity of use
of the building.
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Approved: Approved by the code official.
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Basement: See Section PM-302.0.
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Bathroom: See Section PM-502.0.
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Building: Any structure occupied or
intended for supporting or sheltering any occupancy.
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Building code: The building code officially
adopted by the legislative body of this jurisdiction, or other such
codes officially designated by the legislative body of the jurisdiction
for the regulation of construction, alteration, addition, repair,
removal, demolition, location, occupancy and maintenance of buildings
and structures.
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Boarding House: Any building, together
with any related structure, accessory building and any land appurtenant
thereto, and any part thereof, which contains two or more units of
dwelling space arranged or intended for single room occupancy, exclusive
of any such unit occupied by an owner or operator, and wherein personal
or financial services are provided to the residents, including any
residential hotel or congregate living arrangement, but excluding
any hotel, motel or established guest house wherein a minimum of 85%
of the units of dwelling space are offered for limited tenure only,
any foster home, any community residence for the developmentally disabled
and any community residence for the mentally ill.
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Code official: The official who is
charged with the administration and enforcement of this code, or any
duly authorized representative.
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Condemn: To adjudge unfit for occupancy.
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Construction documents: All the written,
graphic and pictorial documents prepared or assembled for describing
the design, location and physical characteristics of the elements
of the project necessary for obtaining a building permit. The construction
drawing shall be drawn to an appropriate scale.
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Dwellings: A single unit of dwelling
space providing complete, independent living facilities for living,
sleeping, eating, cooking and sanitation.
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Exterior property: See Section PM-302.0.
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Extermination: See Section PM-302.0.
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Family: One or more persons occupying
a dwelling unit as a single housekeeping unit, being a traditional
family unit or the functional equivalency thereof.
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Floor Area: Any usable space in a dwelling
not including closet space, counter tops, etc.
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Garbage: See Section PM-302.0.
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Habitable Floor Area: The net floor
area in a habitable space excluding encumbrances such as closets,
cabinets, columns, etc.
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Habitable Space: See Section PM-402.0.
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Housekeeping Unit: Those occupants
of a dwelling unit sharing responsibility for the dwelling as a whole.
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Illegal Dwelling Unit: A rental unit
or rooming unit which is occupied by an excessive number of persons
pursuant to State or Township law; does not fulfill the State, County,
or Township requirements for the health, welfare and safety of its
occupants; has been created without the requisite building/zoning
permits, or is in violation of any State, County or Municipal Law,
Ordinance or Regulation.
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Infestation: See Section PM-302.0.
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Inspection certificate: An identification
applied on a product by an approved agency containing the name of
the manufacturer, the function and performance characteristics, and
the name and identification of an approved agency which indicates
that the product or material has been inspected and evaluated by an
approved agency.
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Label: An identification applied on
a product by the manufacturer which contains the name of the manufacturer,
the function and performance characteristics of the product or material,
and the name and identification of an approved agency and which indicates
that the representative sample of the product or material has been
tested and evaluated by an approved agency (see Section 1704.0 of
the building code listed in Chapter 8, and also Mark, Manufacturer's
designation and Inspection certificate).
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Let for occupancy or let: See Section
PM-302.0.
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Manufacturer's designation: An identification
applied on a product by the manufacturer indicating that a product
or material complies with a specified standard or set of rules (see
also Mark, Label, and Inspection certificate).
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Mark: An identification applied on
a product by the manufacturer indicating the name of the manufacturer
and the function of a product or material (see also Manufacturer's
designation, Label, and Inspection certificate).
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Occupancy: The purpose for which a
building or portion thereof is utilized or occupied.
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Occupant: See Section PM-302.0.
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Openable area: See Section PM-402.0.
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Operator: See Section PM-302.0.
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Owner: See Section PM-302.0.
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Person: See Section PM-302.0.
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Plumbing: See Section PM-502.0.
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Plumbing fixture: See Section PM-502.0.
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Premises: See Section PM-302.0.
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Public nuisance: See Section PM-302.0.
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Registered design professional: An
architect or engineer, registered or licensed to practice professional
architecture or engineering, as defined by the statutory requirements
of the professional registration laws of the state in which the project
is to be constructed.
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Relocation Costs: Relocation costs
shall include the relocation allocations required to be paid to displaced
tenants pursuant to State or Federal law. If the tenant does not qualify
for said allocations under State or Federal law, then said tenant
shall be entitled to receive, from the owner of the premises affected,
all actual reasonable costs associated with relocation.
|
Residential Furniture: Any table, chair,
sofa or any other similar object customarily used for the purpose
of furnishing the interior of a residential dwelling unit.
|
Rooming House: A boarding house wherein
no personal or financial services are provided to the residents.
|
Rubbish: See Section PM-302.0.
|
Single room occupancy: An arrangement
of dwelling space which does not provide a private, secure dwelling
space arranged for independent living, which contains both the sanitary
and cooking facilities required in a dwelling unit as defined in this
code.
|
Structure: That which is built or constructed
or a portion thereof.
|
Tenant: See Section PM-302.1.
|
Toilet room: See Section PM-502.0.
|
Ventilation: See Section PM-402.0.
|
Workmanlike: Executed in a skilled
manner; e.g., generally plumb, level, square, in line, undamaged,
and without marring adjacent work.
|
Yard: See Section PM-302.0.
|
Chapter PM-3
General Requirements
|
SECTION PM-301.0 GENERAL.
|
PM-301.1 Scope: The provisions of this chapter
shall govern the minimum conditions and the responsibilities of persons
for maintenance of structures, equipment and exterior property.
|
PM-301.2 Responsibility: The owner of the premises
shall maintain the structures and exterior property in compliance
with these requirements, except as otherwise provided for in Sections
PM-306.0 and PM-307.0. A person shall not occupy as owner/occupant
or permit another person to occupy premises which do not comply with
the requirements of this chapter.
|
PM-301.3 Vacant structures and land: All vacant
structures and premises thereof or vacant land shall be maintained
in a clean, safe, secure and sanitary condition as provided herein
so as not to cause a blighting problem or adversely affect the public
health or safety.
|
SECTION PM-302.0 DEFINITIONS.
|
PM-302.1 General: The following words and terms
shall, for the purposes of this chapter and as stated elsewhere in
this code, have the meanings shown herein.
|
Basement: That portion of a building
which is partly or completely below grade.
|
Exterior property: The open space on
the premises and on adjoining property under the control of owners
or operators of such premises.
|
Extermination: The control and elimination
of insects, rats or other pests by eliminating their harborage places;
by removing or making inaccessible materials that serve as their food;
by poison spraying, fumigating, trapping or by any other approved
pest elimination methods.
|
Garbage: The animal and vegetable waste
resulting from the handling, preparation, cooking and consumption
of food.
|
Infestation: The presence, within or
contiguous to, a structure or premises of insects, rats, vermin or
other pests.
|
Let for occupancy or let: To permit,
provide or offer possession or occupancy of a dwelling, dwelling unit,
rooming unit, building, premises or structure by a person who is or
is not the legal owner of record thereof, pursuant to a written or
unwritten lease, agreement or license, or pursuant to a recorded or
unrecorded agreement of contract for the sale of land.
|
Occupant: Any person living or sleeping
in a building; or having possession of a space within a building.
|
Operator: Any person who has charge,
care or control of a structure or premises which is let or offered
for occupancy.
|
Owner: Any person, agent, operator,
firm or corporation having a legal or equitable interest in the property;
or recorded in the official records of the state, county or municipality
as holding title to the property; or otherwise having control of the
property, including the guardian of the estate of any such person,
and the executor or administrator of the estate of such person if
ordered to take possession of real property by a court.
|
Premises: A lot, plot or parcel of
land including any structures thereon.
|
Public nuisance: Includes any of the
following:
|
1. The physical condition or occupancy of any premises
regarded as a public nuisance at common law;
|
2. Any condition or occupancy of any premises or
its appurtenances considered an attractive nuisance to children, including,
but not limited to abandoned wells, shafts, basements, excavations
and unsafe fences or structures;
|
3. Any premises that has unsanitary sewerage or
plumbing facilities;
|
4. Any premises designated as unsafe for human habitation;
|
5. Any premises that is manifestly capable of being
a fire hazard, or is manifestly unsafe or unsecure so as to endanger
premises from which the plumbing, heating or facilities required by
this code have been removed, or from which utilities have been disconnected,
destroyed, removed or rendered ineffective, or the required precautions
against trespassers have not been provided;
|
6. Any premises that is unsanitary, or that is littered
with rubbish or garbage, or that has an uncontrolled growth of weeds;
or
|
7. Any structure that is in a state of dilapidation,
deterioration or decay; faulty construction; overcrowded; open, vacant
or abandoned; damaged by fire to the extent so as not to provide shelter;
in danger of collapse or failure; and dangerous to anyone on or near
the premises.
|
Rubbish: Combustible and noncombustible
waste materials, except garbage; the term shall include the residue
from the burning of wood, coal, coke and other combustible materials,
paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree
branches, yard trimmings, tin cans, metals, minerals matter, glass,
crockery and dust and other similar materials.
|
Tenant: A person, corporation, partnership
or group, whether or not the legal owner of record, occupying a building
or portion thereof as a tenant.
|
Yard: An open area space on the same
lot with a structure.
|
SECTION PM-303.0 EXTERIOR PROPERTY AREAS.
|
PM-303.1 Sanitation: All exterior property and
premises shall be maintained in a clean, safe and sanitary condition.
The occupant shall keep that part of the exterior property which such
occupant occupies or controls in a clean and sanitary condition.
|
PM-303.2 Grading and drainage: All premises shall
be graded and maintained to prevent the erosion of soil and to prevent
the accumulation of stagnant water thereon, or within any structure
located thereon.
|
Exception: Water retention areas and
reservoirs approved by the code official.
|
PM-303.3 Sidewalks and driveways: All sidewalks,
walkways, stairs, driveways, parking spaces and similar areas shall
be kept in a proper state of repair, and maintained free from hazardous
conditions. Stairs shall comply with the requirements of Sections
PM-304.10 and PM-702.9.
|
PM-303.4 Weeds: All premises of an exterior property
shall be maintained free from weeds or plant growth in excess of eight
inches. All noxious weeds shall be prohibited. Weeds shall be defined
as all grasses, annual plants and vegetation, other than trees, shrubs
or perennials, provided, however, this term shall not include cultivated
flowers and gardens.
|
Exception: Grasses, annual plants and
vegetation may exceed a height of eight inches; an existing ecosystem
may be allowed to continue to function naturally; or a vegetation
corridor can be re-established with native or adaptive vegetation,
if (i) the owner or tenant of the premises has obtained, or is actively
seeking Leadership In Energy and Environmental Design (LEED) certification
issued by the United States Green Building Council, which includes
meeting the LEED standards for site specifications by planting and/or
maintaining sustainable landscaping; has filed a survey or site plan
drawing identifying the area(s) where grasses, annual plants and/or
vegetation are proposed to exceed eight inches, the area(s) where
an existing ecosystem is located and/or the area where a vegetative
corridor with native or adaptive vegetation is proposed to be re-established
and has obtained administrative approval for the location of same
from the Director of Community Development, or his or her designee,
or (ii) has received approval from the Township Planning Board, after
a public hearing with notice, for grasses, annual plants and vegetation
to exceed a height of eight inches, or to re-establish a vegetation
corridor with native or adaptive vegetation, and/or permit an existing
ecosystem to continue to function naturally.
[Ord. No. 10-33] |
PM-303.5 Rat harborage: All structures and exterior
property shall be kept free from rat infestation. Where rats are found,
they shall be promptly exterminated by approved processes which will
not be injurious to human health. After extermination, proper precautions
shall be taken to prevent reinfestation.
|
PM-303.6 Exhaust vents: Pipes, ducts, conductors,
fans or blowers shall not discharge gases, steam, vapor, hot air,
grease, smoke, odors or other gaseous or particulate wastes directly
upon abutting or adjacent public or private property or that of another
tenant.
|
PM-303.7 Accessory structures: All accessory structures,
including detached garages, fences and walls, shall be maintained
structurally sound and in good repair.
|
PM-303.8 Motor vehicles:
Except as provided for in other regulations, not more than one
currently unregistered or uninspected motor vehicle shall be parked,
kept or stored on any premises, and no vehicle shall at any time be
in a state of major disassembly, disrepair, or in the process of being
stripped or dismantled.
[Amended 4-1-2003 by Ord.
No. 03-20] |
Exception: A resident shall be permitted
to perform service and/or repairs on a personal or family owned motor
vehicle in the resident's driveway provided that the work is completed
within 48 hours. Said service and/or repairs shall include procedures
requiring the major disassembly or reassembly of the motor vehicle.
|
Exception: A vehicle of any type is
permitted to undergo major overhaul, including body work, provided
that such work is performed inside a structure or similarly enclosed
area designed and approved for such purposes.
|
PM 303.9 Bamboo:
|
PM 303.9-1 Purpose:
|
The purpose of this section is to protect and promote the public
health through the control of the growth of bamboo.
[Ord. No. 2016-41] |
PM 303.9-2 Definitions:
|
As used in this section, the following terms shall
have the meanings indicated:
|
Bamboo shall mean all native and non-native
variations of the plant commonly known as bamboo not including the
plant commonly known as Nadina. These plants may damage trees, vegetation,
or structures.
|
Enforcing officer shall mean the Township
Zoning Officer, the Township Property Maintenance officials, or the
Mayor's designee.
[Ord. No. 2016-41] |
PM 303.9-3 Inspections:
|
All places and premises in the Township of Piscataway
shall be subject to inspection by the enforcing officer. Such inspections
shall be performed by such person, persons or agency duly authorized
and appointed by the Township of Piscataway. Such inspection shall
be made if that official has reason to believe that any subsection
of this section is being violated.
[Ord. No. 2016-41] |
PM 303.9-4 Violations and Penalties:
|
a. Whenever bamboo as defined by this section is
found planted in the ground on any plot of land, lot or any other
premises or place, a notice of violation shall be given to the owner
and any tenant in possession of the property, in writing, to remove
or abate the same within such time as shall be specified herein. Bamboo
whose root system is entirely contained within a pot or other acceptable
containment system or container that prevents contact with surrounding
soil shall not constitute a violation.
|
b. The cost of the abatement shall be borne by the
property owner and/or any tenant in possession of the property.
|
c. If the owner and/or tenant fails to comply with
such notice within the time specified therein, the enforcing officer
may remove or otherwise control the bamboo and the Township may thereafter
recover the costs incurred in connection with said removal. Should
owner or tenant, within 30 days of the demand of the Township fail
to reimburse the Township for all amounts paid by the Township to
abate any violations of this section, said amount shall be forwarded
to the Tax Collector and shall be added to the next applicable tax
bill for the property in question.
|
d. Any person who shall violate subsection PM 303.9
or who shall fail to comply with any notice issued pursuant to subsection
PM 303.9-4a shall, upon issuance of a summons to the property owner
and/or tenant and conviction thereof, be punished by a fine of not
less than $250 and not greater than $2,000. A prosecution under this
section may be maintained regardless of whether the Township elects
to proceed as authorized under subsection PM 303.9-4c.
[Ord. No. 2016-41] |
PM 303.10 Residential Furniture. Residential furniture,
as defined in Section PM-302.0, Definitions, is only permitted on
the exterior of a person's property for a period of 24 hours and is
thereafter prohibited.
[Added 11-26-2019 by Ord.
No. 19-29] |
SECTION PM-304.0 EXTERIOR STRUCTURE.
|
PM-304.1 General: The exterior of a structure shall
be maintained in good repair, structurally sound and sanitary so as
not to pose a threat to the public health, safety or welfare.
|
PM-304.2 Exterior painting: All wood and metal
surfaces, including but not limited to, window frames, doors, door
frames, cornices, porches and trim shall be maintained in good condition.
Peeling, flaking and chipped paint shall be eliminated and surfaces
repainted.
|
PM-304.3 Street numbers: Each structure to which
a street number has been assigned shall have such number displayed
in a position easily observed and readable from the public right-of-way.
All numbers shall be in arabic numerals at least three inches (76
mm) high and 1/2 inch (13 mm) stroke.
|
PM-304.4 Structural members: All structural members
shall be maintained free from deterioration, and shall be capable
of safely supporting the imposed dead and live loads.
|
PM-304.5 Foundation walls: All foundation walls
shall be maintained plumb and free from open cracks and breaks and
shall be kept in such condition so as to prevent the entry of rats.
|
PM-304.6 Exterior walls: All exterior walls shall
be free from holes, breaks, loose or rotting materials; and maintained
weatherproof and properly surface coated where required to prevent
deterioration.
|
PM-304.7 Roofs and drainage: The roof and flashing
shall be sound, tight and not have defects that admit rain. Roof drainage
shall be adequate to prevent dampness or deterioration in the walls
or interior portion of the structure. Roof drains, gutters and downspouts
shall be maintained in good repair and free from obstructions. Roof
water shall not be discharged in a manner that creates a public nuisance.
|
PM-304.8 Decorative features: All cornices, belt
courses, corbels, terra cotta trim, wall facings and similar decorative
features shall be maintained in good repair with proper anchorage
and in a safe condition.
|
PM-304.9 Overhang extensions: All canopies, marquees,
signs, metal awnings, fire escapes, standpipes, exhaust ducts and
similar overhang extensions shall be maintained in good repair and
be properly anchored so as to be kept in a sound condition. When required,
all exposed surfaces of metal or wood shall be protected from the
elements and against decay or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
|
PM-304.10 Stair and walking surfaces: Every stair,
ramp, balcony, porch, deck or other walking surface shall comply with
the provisions of Section PM-702.9.
|
PM-304.11 Stairways, decks, porches and balconies: Every exterior stairway, deck, porch and balcony, and all appurtenances
attached thereto, shall be maintained structurally sound, in good
repair, with proper anchorage and capable of supporting the imposed
loads.
|
PM-304.12 Chimneys and towers: All chimneys, cooling
smoke stacks, and similar appurtenances shall be maintained structurally
safe and sound, and in good repair. All exposed surfaces of metal
or wood shall be protected from the elements and against decay or
rust by periodic application of weather-coating materials such as
paint or similar surface treatment.
|
PM-304.13 Handrails and guards: Every handrail
and guard shall be firmly fastened and capable of supporting normally
imposed loads and shall be maintained in good condition.
|
PM-304.14 Window and door frames: Every window,
door and frame shall be kept in sound condition, good repair and weather
tight.
|
PM-304.14.1 Glazing: All glazing materials
shall be maintained free from cracks and holes.
|
PM-304.14.2 Openable windows: Every
window, other than a fixed window, shall be easily openable and capable
of being held in position by window hardware.
|
PM-304.15 Insect screens: Every door, window and
other outside opening utilized or required for ventilation purposes
serving any structure containing habitable rooms, food preparation
areas, food service areas, or any areas where products to be included
or utilized in food for human consumption are processed, manufactured,
packaged or stored, shall be supplied with approved tightly fitting
screens of not less than 16 mesh per inch and every swinging door
shall have a self-closing device in good working condition.
|
Exception: Screen doors shall not be
required where other approved means, such as air curtains or insect
repellent fans are employed.
|
PM-304.16 Doors: All exterior doors and hardware
shall be maintained in good condition. Locks at all entrances to dwelling
units, rooming units and guestrooms shall tightly secure the door.
|
PM-304.17 Basement hatchways: Every basement hatchway
shall be maintained to prevent the entrance of rats, rain and surface
drainage water.
|
PM-304.18 Guards for basement windows: Every basement
window that is openable shall be supplied with rat-proof shields,
storm windows or other approved protection against the entry of rats.
|
SECTION PM-305.0 INTERIOR STRUCTURE.
|
PM-305.1 General: The interior of a structure and
equipment therein shall be maintained in good repair, structurally
sound and in a sanitary condition. Every occupant shall keep that
part of the structure which such occupant occupies or controls in
a clean and sanitary condition. Every owner of a structure containing
a rooming house, a hotel, a dormitory, two or more dwelling units
or two or more nonresidential occupancies, shall maintain, in a clean
and sanitary condition, the shared or public areas of the structure
and exterior property.
|
PM-305.2 Structural members: All structural members
shall be maintained structurally sound, and be capable of supporting
the imposed loads.
|
PM-305.3 Interior surfaces: All interior surfaces,
including windows and doors, shall be maintained in good, clean and
sanitary condition. Peeling paint, cracked or loose plaster, decayed
wood, and other defective surface conditions shall be corrected.
|
PM-305.5 Stairs and railings: All interior stairs
and railings shall be maintained in sound condition and good repair.
|
PM-305.6 Stairs and walking surfaces: Every stair,
ramp, balcony, porch, deck or other walking surface shall comply with
the provisions of Section PM-702.9.
|
PM-305.7 Handrails and guards: Every handrail and
guard shall be firmly fastened and capable of supporting normally
imposed loads and shall be maintained in good condition.
|
SECTION PM-306.0 RUBBISH AND GARBAGE.
|
PM-306.1 Accumulation of rubbish or garbage: All
exterior property and premises, and the interior of every structure
shall be free from any accumulation of rubbish or garbage.
|
PM-306.2 Disposal of rubbish: Every occupant of
a structure shall dispose of all rubbish in a clean and sanitary manner
by placing such rubbish in approved containers.
|
PM-306.2.1 Rubbish storage facilities: The owner of every occupied premises shall supply approved covered
containers for rubbish, and the owner of the premises shall be responsible
for the removal of rubbish.
|
PM-306.3 Disposal of garbage: Every occupant of
a structure shall dispose of garbage in a clean and sanitary manner
by placing such garbage in an approved garbage disposal facility or
approved garbage containers.
|
PM-306.3.1 Garbage facilities: The
owner of every dwelling shall supply one of the following: an approved
mechanical food waste grinder in each dwelling unit; an approved incinerator
unit in the structure available to the occupants in each dwelling
unit; or an approved leakproof, covered, outside garbage container.
|
PM-306.3.2 Containers: The operator
of every establishment producing garbage shall provide, and at all
times cause to be utilized, approved leakproof containers provided
with close-fitting covers for the storage of such materials until
removed from the premises for disposal.
|
SECTION PM-307.0 EXTERMINATION.
|
PM-307.1 Infestation: All structures shall be kept
free from insect and rat infestation. All structures in which insects
or rats are found shall be promptly exterminated by approved processes
that will not be injurious to human health. After extermination, proper
precautions shall be taken to prevent reinfestation.
|
PM-307.2 Owner: The owner of any structure shall
be responsible for extermination within the structure prior to renting
or leasing the structure.
|
PM-307.3 Single occupant: The occupant of a one
family dwelling or of a single-tenant nonresidential structure shall
be responsible for extermination on the premises.
|
PM-307.4 Multiple occupancy: The owner of a structure
containing two or more dwelling units, a multiple occupancy, a rooming
house or a nonresidential structure shall be responsible for extermination
in the public or shared areas of the structure and exterior property.
If infestation is caused by failure of an occupant to prevent such
infestation in the area occupied, the occupants shall be responsible
for extermination.
|
PM-307.5 Occupant: The occupant of any structure
shall be responsible for the continued rat-free condition of the structure,
and if the occupant fails to maintain the rat-free condition, the
cost of extermination shall be the responsibility of the occupant.
|
Exception: Where rat infestations are
caused by defects in the structure, the owner shall be responsible
for extermination.
|
SECTION PM-308.0 VACANT BUILDINGS.
|
PM-308.1 Findings: The Township Council finds that
in order to preserve and maintain the appearance and property values
of the neighborhoods of the Township of Piscataway and to promote
the health, welfare and safety of its citizens, it is necessary to
enact standards governing the repair and maintenance of vacant buildings
located within the Township of Piscataway.
|
PM-308.2 Definition: An unoccupied or vacant building
shall mean any structure intended for residential or commercial use
which is not currently occupied or in use. For the purpose of the
enforcement of this ordinance a presumption shall exist that a structure
vacant for six months or more is not currently occupied or in use.
|
PM-308.2a Notice of Vacancy: Prior to vacating
any structure located within the Township, all building owners or
their representatives shall notify the code official in writing of
the intent to vacate the structure. The notice to the code official
shall contain the following information:
|
1. The name, address and telephone number of the
building owner.
|
2. The name and telephone number of at least two
individuals who may be contacted in the event corrective action at
the property is required. These individuals must also have the authority
to take any corrective actions necessary to abate any violations of
this code.
|
PM-308.3 Safety from fire: All owners of unoccupied
or vacant buildings shall comply with the applicable provisions of
current adopted version of the New Jersey Uniform Fire Code N.J.A.C.
5:70 and the current adopted local ordinances and the following additional
standards for safety from fire:
|
a. No unoccupied or vacant building shall contain
any space utilized for the storage of flammable liquids.
|
b. No room within any vacant or unoccupied building
shall be used for storage of junk, rubbish or wastes, furniture or
building materials not intended to be used in the existing building.
|
c. The early detection and containment of fire being
a valid municipal concern, the boarding up of doors and windows shall
not be permitted except with the permission of the construction official
in emergency situations. When doors and windows are boarded up, they
shall be covered with no less than 1/2 inch exterior plywood or equivalent
and be painted the same color as the body of the building. In no case
shall boarding up of doors and windows be permitted in excess of six
months. Should an owner find it necessary to board up doors and windows
in excess of six months, an appeal seeking permission to do so must
be made before the expiration of this six-month period to the Township
Housing and Property Maintenance Appeals Board. At the time of appeal
all circumstances shall be set forth supporting the owner's request
for extension of the board-up.
|
d. All windows within 20 feet of the ground or which
may be readily accessible, may be secured with security screens, bars,
and/or grills and the security screens, bars, and/or grills on open
windows shall include quick release mechanisms all of which shall
be subject to the approval of the Division of Fire Safety of the Township
of Piscataway prior to installation.
|
PM-308.4 Safe and sanitary maintenance: All unoccupied
or vacant buildings shall comply with the following minimum standards
for safe and sanitary maintenance:
|
a. Every foundation, exterior wall and exterior
roof shall be weather tight, watertight, and rodent proof, shall be
kept in sound condition and good repair, and shall be safe to use
and capable of supporting the load which normal use may cause to be
placed thereon.
|
b. Every yard shall be properly graded so as to
prevent the accumulation of stagnant water.
|
c. Every building shall have all utilities, including
but not limited to gas, electric, water and sewer turned off and/or
disconnected with sewer service to be sealed at the trap of said property.
|
d. The exterior of the premises and the condition
of accessory structures shall be maintained so that the appearance
of the premises and all buildings thereon shall reflect a level of
maintenance in keeping with the standards of the neighborhood, and
such that the appearance of the premises and structures shall not
constitute a blighting factor for adjoining property owners nor an
element leading to the progressive deterioration and downgrading of
the neighborhood with the accompanying diminution of property value.
|
PM-308.5 Further responsibilities of owners: All
owners of unoccupied or vacant buildings shall be required to comply
with the following standards:
|
a. Any yard area (front, side and rear) adjacent
to an unoccupied or vacant building shall be cleared and maintained
free of trash, solid debris, or any other materials that cause litter
and accumulate to an unhealthy and blighting proportion.
|
b. Grass, weeds, or vegetation shall not be permitted
to grow or remain on the side, front and/or rear yards of any occupied
or vacant building so as to exceed a height of eight inches. Any edible
vegetation or vegetation planted for some useful or ornamental purpose
shall not be governed by this article.
|
c. Unoccupied or vacant buildings including the
yard portion of such buildings, shall not be utilized for storage
of any materials whether solid or liquid.
|
d. When a vacant dwelling is found to be infested
with rats, termites, roaches and/or any other insects and vermin,
the owner shall undertake an expedient means of extermination of such
nuisances. Such extermination shall be certified by an approved exterminator.
|
e. All doors and/or lids on appliances, furniture
utilized for storage or on heating furnaces shall be locked in order
to deny entry to individuals where the potential for physical harm
or death may result should said door close and prevent the individual's
escape.
|
f. Temporary fencing shall be erected at the entrance
and exit of all driveways provide access to parking or paved areas
adjacent to or on the same lot of any unoccupied or vacant commercial
building sufficient to bar the utilization of the parking and paved
areas during that period of time that the commercial building remains
unoccupied or vacant. Additionally, non-illuminated signage stating
"No Parking" shall be erected on each side of all such entrance and
exit driveways. Each sign shall be 24 inches in height and width and
shall be a minimum of six feet, and a maximum of 10 feet above grade
level. Each sign shall be constructed of weather-resistant materials.
No paper, fiber board, foam core board, corrugated paper or unfinished
wood material shall be utilized. The type of temporary fencing to
be utilized must be reviewed and approved in advance by the Township
Construction Official and have a height of six feet.
[Ord. No. 11-20] |
PM-308.6 Applicability: The standards and requirements
of this Article shall apply as long as any dwelling, building and/or
commercial structure remains vacant or unoccupied. Upon occupancy,
the other appropriate sections of this chapter shall prevail along
with other state and local codes and regulations.
|
PM-308.7 Commercial structures containing storefront display
windows: As to any commercial structure determined to be vacant
as defined herein that contains a storefront, display windows, and/or
any area intended to exhibit or display merchandise or conduct advertising,
the owner of said structure shall place a display or a visual medium
which will not by its appearance constitute a blighting factor for
adjoining property owners or the public, which is properly maintained.
Specifically, the following methods of obstructing windows and/or
storefronts are prohibited: placement of newspaper or other types
of news print; the painting, soaping or hazing of windows and/or storefronts;
the boarding and/or placement of cardboard or other similar material
in windows and/or storefronts. This listing is not intended to be
exhaustive but rather illustrative as to those types of conditions
which are specifically prohibited under this section.
|
PM-308.8 Notice to abate: Any property owner in
violation of any subsection of this Section shall first be provided
with a Notice to Abate as provided for in Section 107.2 of this code
prior to issuance of a summons for a violations hereunder.
|
PM-308.9 Penalty: Any person, firm, or corporation
who shall violate any provisions of this section shall be subject
to a fine of $500 for the first offense and $1,000 for a second or
subsequent offense, or imprisonment for a term not to exceed 90 days,
or both, at the discretion of the court. Each day that a violation
continues after due notice has been served, in accordance with the
terms and provisions hereof, shall be deemed a separate offense. The
penalties pursuant to this section may be collected in a summary proceeding
pursuant to N.J.S.A. 2A:58-1 et seq. (Penalty Enforcement Law).
|
PM-308.10 Permission to Occupy: No owner or their
representative shall give permission to any person or persons to occupy
a vacant structure, building or property without first obtaining the
permission of the code official. Any such occupancy shall be subject
to the compliance with the terms and conditions of this code, the
Zoning Ordinance of the Township of Piscataway, and any and all other
local, county, state and federal requirements.
|
Chapter PM-4
Light, Ventilation and Occupancy Limitations
|
SECTION PM-401.0 GENERAL.
|
PM-401.1 Scope: The provisions of this chapter
shall govern the minimum conditions and standards for light, ventilation
and space for occupying a structure.
|
PM-401.2 Responsibility: The owner of the structure
shall provide and maintain light, ventilation and space conditions
in compliance with these requirements. A person shall not occupy as
owner-occupant, or permit another person to occupy any premises that
do not comply with the requirements of this chapter.
|
PM-401.3 Alternative devices: In lieu of the means
for natural light and ventilation herein prescribed, artificial light
or mechanical ventilation complying with the building code listed
in Chapter 8 shall be permitted.
|
SECTION PM-402.0 DEFINITIONS.
|
PM-402.1 General: The following words and terms
shall, for the purposes of this chapter and as stated elsewhere in
this code, have the meanings shown herein.
|
Habitable space: Space in a structure
for living, sleeping, eating or cooking. Bathrooms, toilet rooms,
closets, halls, storage or utility spaces, and similar areas are not
considered habitable spaces.
|
Openable area: That part of a window
or door which is available for unobstructed ventilation and which
opens directly to the outdoors.
|
Ventilation: The natural or mechanical
process of supplying conditioned or unconditioned air to, or removing
such air from, any space.
|
SECTION PM-403.0 LIGHT.
|
PM-403.1 Habitable spaces: Every habitable space
shall have at least one window of approved size facing directly to
the outdoors or to a court. The minimum total window area, measured
between stops, for every habitable space shall be 8% of the floor
area of such room, except in kitchens where artificial light is provided
in accordance with the provisions of the building code listed in Chapter
8. Wherever walls or other portions of a structure face a window of
any room and such obstructions are located less than three feet (914
mm) from the window and extended to a level above that of the ceiling
of the room, such window shall not be deemed to face directly to the
outdoors nor to a court and shall not be included as contributing
to the required minimum total window area for the room.
|
PM-403.2 Common halls and stairways: Every common
hall and stairway, other than in one- and two-family dwellings, shall
be lighted at all times with at least a sixty-watt standard incandescent
light bulb or equivalent for each 200 square feet (19 m2) of floor area, provided that the spacing between
lights shall not be greater than 30 feet (914 mm). Every exterior
stairway shall be illuminated with a minimum of one footcandle (11
lux) at floors, landings and treads.
|
PM-403.3 Other spaces: All other spaces shall be
provided with natural or artificial light sufficient to permit the
maintenance of sanitary conditions, and the safe occupancy of space
and utilization of the appliances, equipment and fixtures.
|
PM-403.4 Basement and cellars: Basement or cellar
dwelling units or rooms completely or partially below grade shall
not be used for living or sleeping purposes unless:
|
1. Floors and walls are watertight and so insulated
as to prevent entry of moisture.
|
2. Total window area, total openable area and ceiling
height are in accordance with this code.
|
3. Required minimum window area of every habitable
room is entirely above grade of the ground adjoining such window area.
|
4. Each basement dwelling unit shall be provided
with two means of egress leading directly to the outdoors.
|
SECTION PM-404.0 VENTILATION.
|
PM-404.1 Habitable spaces: Every habitable space
shall have at least one openable window. The total openable area of
the window in every room shall be equal to at least 45% of the minimum
glazed area required in Section PM-403.1.
|
PM-404.2 Bathrooms and toilet rooms: Every bathroom
and toilet room shall comply with the ventilation requirements for
habitable spaces as required by Section PM-404.1, except that a window
shall not be required in spaces equipped with a mechanical ventilation
system that complies with the following:
|
1. Air exhausted by a mechanical ventilation system
from a bathroom within a dwelling unit shall be exhausted to the exterior
and shall not be recirculated to any space, including the space from
which such air is withdrawn.
|
2. Air exhausted by a mechanical ventilation system
from all other bathrooms or toilet rooms shall be exhausted to the
exterior without recirculation to any space, or not more than 85%
of the exhaust air shall be recirculated where the system is provided
with effective absorption and filtering equipment.
|
PM-404.3 Cooking facilities: Unless approved through
the certificate of occupancy, cooking shall not be permitted in any
rooming unit or dormitory unit, and a cooking facility or appliance
shall not be permitted to be present in a rooming unit or dormitory
unit.
|
Exception: Where specifically approved
in writing by the code official.
|
PM-404.4 Process ventilation: Where injurious,
toxic, irritating or noxious fumes, gases, dusts or mists are generated,
a local exhaust ventilation system shall be provided to remove the
contaminating agent at the source. Air shall be exhausted to the exterior
and not be recirculated to any space.
|
PM-404.5 Clothes dryer exhaust: Clothes dryer venting
systems shall be independent of all other systems and shall be vented
in accordance with the manufacturer's instructions.
|
SECTION PM-405.0 OCCUPANCY LIMITATIONS.
|
PM-405.1 Privacy: Dwelling units, hotel units,
rooming units and dormitory units shall be arranged to provide privacy
and be separate from other adjoining spaces.
|
PM-405.1a Minimum gross floor area: Every dwelling
unit shall contain a minimum gross floor area of not less than 175
square feet for the first occupant, and 125 square feet for each additional
occupant.
|
PM-405.2 Access from sleeping rooms: Sleeping rooms
shall not constitute the only means of access to other sleeping rooms
or habitable spaces.
|
Exception: Dwelling units that contain
fewer than two bedrooms.
|
PM-405.3 Area for sleeping purposes: Every room
occupied for sleeping purposes by one occupant shall contain at least
70 square feet of floor area, and every room occupied for sleeping
purposes by more than one person shall contain at least 50 square
feet of floor area for each occupant thereof.
[Ord. No. 14-17] |
PM-405.4 Water closet accessibility: Every bedroom
shall have access to at least one water closet and one lavatory without
passing through another bedroom.
|
PM-405.5 Minimum Occupancy Area Requirements:
|
Space
|
Minimum Occupancy Area in Square Feet
| ||||
---|---|---|---|---|---|
1-2
|
3-5
|
6-10
|
11-15
|
16 or more
| |
Living Room
|
No requirements
|
145
|
175
|
225
|
260
|
Dining Room-1
|
No requirements
|
100
|
120
|
150
|
180
|
Kitchen
|
50
|
70
|
85
|
120
|
145
|
Bedrooms
|
Shall comply with Section PM-405.3
|
Note a. See Section PM-405.6 for combined living room/dining
room spaces.
|
Note b. 1 square foot = 0.093m2.
|
PM-405.6 Combined spaces: Combined living room
and dining room spaces shall comply with the requirements of Table
PM-405.5 if the total area is equal to that required for separate
rooms and if the space is located so as to function as a combination
living room/dining room.
|
PM-405.7 Prohibited occupancy: Kitchens, nonhabitable
spaces and interior public areas shall not be occupied for sleeping
purposes.
|
PM-405.8 Minimum ceiling heights: Habitable spaces,
hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable
basement areas shall have a clear ceiling height of not less than
7.5 feet.
|
PM-405.9 Minimum room widths: A habitable room,
other than a kitchen, shall not be less than seven feet (2,134 mm)
in any plan dimension. Kitchens shall have a clear passageway of not
less than three feet (914 mm) between counterfronts and appliances
or counterfronts and walls.
|
PM-405.10 Food preparation: All spaces to be occupied
for food preparation purposes shall contain suitable space and equipment
to store, prepare and serve foods in a sanitary manner. There shall
be adequate facilities and services for the sanitary disposal of food
wastes and refuse, including facilities for temporary storage.
|
SECTION PM-406 CHANGE OF USE.
|
PM-406 Change of use: If a change in the use of
a building shall result, it shall be unlawful to alter, renovate,
or add additional dwelling units to any building or structure without
first obtaining constructions permits and all required approvals.
|
a. It shall be the responsibility of the owner of
the building or structure that has been altered to prove that the
use is a legal conforming use.
|
b. It shall be unlawful to occupy or use the altered
building or structure until all applicable construction and other
required approvals are received.
|
c. Any and all alterations, renovations or additions
to any building or structure which have been performed without first
obtaining construction permits and all required approvals, shall be
removed by the owner of the building or structure.
|
Chapter PM-5
Plumbing Facilities and Fixture Requirements
|
SECTION PM-501.0 GENERAL.
|
PM-501.1 Scope: The provisions of this chapter
shall govern the minimum plumbing facilities and plumbing fixtures
to be provided.
|
PM-501.2 Responsibility: The owner of the structure
shall provide and maintain such plumbing facilities and plumbing fixtures
in compliance with these requirements. A person shall not occupy as
owner-occupant or permit another person to occupy any structure or
premises which does not comply with the requirements of this chapter.
|
SECTION PM-502.0 DEFINITIONS.
|
PM-502.1 General: The following words and terms
shall, for the purposes of this chapter and as stated elsewhere in
this code, have the meanings shown herein.
|
Bathroom: A room containing plumbing
fixtures including a bathtub or shower.
|
Plumbing fixture: A receptacle or device
which is either permanently or temporarily connected to the water
distribution system of the premises, and demands a supply of water
therefrom; or discharges waste water, liquid-borne waste materials,
or sewage either directly or indirectly to the drainage system of
the premises; or which requires both a water supply connection and
a discharge to the drain system of the premises.
|
Toilet room: A room containing a water
closet or urinal but not a bathtub or shower.
|
SECTION PM-503.0 REQUIRED FACILITIES.
|
PM-503.1 Dwelling units: Every dwelling unit shall
contain its own bathtub or shower, lavatory, water closet and kitchen
sink which shall be maintained in a sanitary, safe working condition.
The lavatory shall be placed in the same room as the water closet
or located in close proximity to the door leading directly into the
room in which such water closet is located.
|
PM-503.2 Rooming houses: At least one water closet,
lavatory and bathtub or shower shall be supplied for each four rooming
units.
|
PM-503.3 Hotels: Where private water closets, lavatories,
and baths are not provided, one water closet, one lavatory and one
bathtub or shower having access from a public hallway shall be provided
for each 10 occupants.
|
PM-503.4 Employee's facilities: A minimum of one
water closet, one lavatory and one drinking facility shall be available
to employees.
|
PM-503.4.1 Drinking facilities: Drinking
facilities shall be a drinking fountain, water cooler, bottled water
cooler, or disposable cups next to a sink or water dispenser. Drinking
facilities shall not be located in toilet rooms or bathrooms.
|
SECTION PM-504.0 TOILET ROOMS.
|
PM-504.1 Privacy: Toilet rooms and bathrooms shall
provide privacy and shall not constitute the only passageway to a
hall or other space, or to the exterior.
|
PM-504.2 Location: Toilet rooms and bathrooms serving
hotel units, rooming units or dormitory units, shall have access by
traversing not more than one flight of stairs and shall have access
from a common hall or passageway.
|
PM-504.3 Location of employee toilet facilities: Toilet facilities shall have access from within the employee's regular
working area. The required toilet facilities shall be located not
more than one story above or below the employee's regular working
area and the path of travel to such facilities shall not exceed a
distance of 500 feet (152 m). Employee facilities shall either be
separate facilities or public customer facilities.
|
SECTION PM-505.0 PLUMBING FIXTURES.
|
PM-505.1 General: All plumbing fixtures shall be
properly installed and maintained in working order, and shall be kept
free from obstructions, leaks and defects and be capable of performing
the function for which such plumbing fixtures are designated. All
plumbing fixtures shall be maintained in a safe, sanitary and functional
condition.
|
PM-505.2 Fixture clearances: Plumbing fixtures
shall have adequate clearances for usage and cleaning.
|
SECTION PM-506.0 WATER SYSTEM.
|
PM-506.1 General: Every sink, lavatory, bathtub
or shower, drinking fountain, water closet or other plumbing fixture
shall be properly connected to either a public water system or to
an approved private water system. All kitchen sinks, lavatories, laundry
facilities, bathtubs and showers shall be supplied with hot or tempered
and cold running water.
|
PM-506.2 Contamination: The water supply shall
be maintained free from contamination, and all water inlets for plumbing
fixtures shall be located above the flood level rim of the fixture.
Shampoo basin faucets, janitor sink faucets, and other hose bibs or
faucets to which hoses are attached and left in place, shall be protected
by an approved atmospheric-type vacuum breaker or an approved permanently
attached hose connection vacuum breaker.
|
PM-506.3 Supply: The water supply system shall
be installed and maintained to provide a supply of water to plumbing
fixtures, devices and appurtenances in sufficient volume and at pressures
adequate to enable the fixtures to function properly, safely, and
free from defects and leaks.
|
PM-506.4 Water heating facilities: Water heating
facilities shall be properly installed, maintained and capable of
providing an adequate amount of water to be drawn at every required
sink, lavatory, bathtub, shower and laundry facility at a temperature
of not less than 120° F. nor more than 140°. A gas-burning
water heater shall not be located in any bathroom, toilet room, bedroom
or other occupied room normally kept closed, unless adequate combustion
air is provided. An approved combination temperature and pressure
relief valve and relief valve discharge pipe shall be properly installed
and maintained on water heaters.
|
SECTION PM-507.0 SANITARY DRAINAGE SYSTEM.
|
PM-507.1 General: All plumbing fixtures shall be
properly connected to either a public sewer system or to an approved
private sewage disposal system.
|
PM-507.2 Maintenance: Every plumbing stack, vent,
waste and sewer line shall function properly and be kept free from
obstructions, leaks and defects.
|
SECTION PM-508.0 STORM DRAINAGE.
|
PM-508.1 Intent and Purpose:The implementation
of this section will aid the Township by reducing the inflow of unnecessary
additional water into the sanitary sewer system and the stormwater
collection system. By prohibiting the discharge of water from any
roof, basement, sump pump or swimming pool into the Township's sanitary
sewer and stormwater collection systems, the Township is seeking to
reduce costs as well as protect against potential negative environmental
impacts. The Township's sanitary sewer system has on occasions in
the past been overloaded and flooded thereby creating significant
damage or threat to an individual's property as well as the systems
themselves. Further, all water that enters the systems must be treated
at the Middlesex County Utility Authority sewage treatment plant.
Therefore, by reducing this inflow of "clean water" into the sanitary
sewer system and the subsequent unnecessary treatment, the expenses
to the Township and its citizens will be reduced and will also assist
in protecting the health, safety and welfare of the residents of the
Township. Furthermore by restricting sump pump, basement, swimming
pool and/or roof drain discharges onto the Township's streets and
sidewalks it will protect the number of possible entry points, which
if the discharge has become contaminated with oil, grease or other
pollutants, will create a negative environmental impact in the community
and the waterways in the Township. Extraneous and uncontrolled discharges
from sump pump, basements, swimming pools and/or roof drains has resulted
in water ponding on surfaces of sidewalks and streets of the Township,
which during certain times of the year, freeze, causing substantial
hazard to both vehicles and pedestrians. For all these reasons, the
Township finds and declares it to be in the best interest to regulate
the discharge of roof drains, sump pumps and water from basements
and swimming pools for the health, safety, and welfare of the residents
of the Township and protect the environment in general.
[Ord. No. 11-26; amended 12-15-2020 by Ord. No.
2020-35] |
PM-508.2 All Properties:The developer or owner
of any newly constructed building with a sump pump, basement, swimming
pool, and/or roof drain shall, at the developer/owner's sole expense;
control the discharge such that any and all flow originating from
the sump pump, basement, swimming pool, and/or roof drain is either
retained on the property where the discharge originated or directed
into the Township's existing stormwater collection system. If the
developer/owner elects to retain the sump pump, basement, swimming
pool, and/or roof drain discharge on their property from which the
discharge has originated, the owner must do so in a way that does
not cause any ponding of water on, or flooding of, any neighboring
property, even if that neighboring property is owned by the same person.
If the owner elects to connect sump pump, basement, swimming pool,
and/or roof drain discharges to the Township's existing stormwater
collection system, all necessary permits and approval must be obtained
from the Township's Supervisor of Engineering or his/her designee.
Connection to the Township's stormwater collection system approval
or denial is at the sole discretion of the Township. All discharges
from sump pump, basement, swimming pool, and/or roof drain must not
discharge within any public right of way, within 12 feet of any Township
sidewalk or within 20 feet from the curb or street or road. All sump
pump, basement, swimming pool, and/or roof drain discharges should
be directed to the front or rear of the property in a sheet flow manner
in order to best retain the water on said property and so that water
may percolate into the soil.
For properties with a sump pump, basement, swimming pool, and/or
roof drain installed and operating prior to the effective date of
this ordinance, the owner of a property shall comply with the requirements
of this section no later than six months after the effective date
of the section, if directed to do so by the Township Supervising of
Engineering or his/her designee. The date of compliance shall be within
the discretion of the Township Supervisor of Engineering or his/her
designee and shall be based upon the extent and frequency of the flow
and the potential for jeopardizing the public safety and welfare.
Should an inspection result in the discovery of sump pumps, basements,
swimming pools, roof drains and/or any other drainage devices being
discharged onto Township sidewalks, streets, sanitary sewer, or any
other prohibited connection the property owner may be subject to a
fine of up to $1,250 and a Municipal Certificate of Continued Occupancy
for that property shall not be issued until the property complies
with this section.
[Ord. No. 11-26; amended 12-15-2020 by Ord. No.
2020-35] |
PM-508.3 Inspections: The Building Inspector, Township
Engineer, Township Fire Code official and/or Township sub-code inspector,
as long as they display the proper credentials and identification,
shall be permitted to request entrance to any property for the purpose
of inspecting, observing, testing and sampling to confirm that there
is no sump pump or other prohibited discharge into the sanitary sewer
system in accordance with this Ordinance.
|
Any owner, tenant, landlord, or other person with a property
interest who shall refuse entrance to the Building Inspector, Township
Engineer, Township Fire Code official or Township sub-code inspector,
shall immediately become subject to the monthly Surcharge noted in
Section PM-508.4 of this Ordinance. Said property shall remain subject
to the monthly Surcharge until such time as an inspection is permitted
to ensure compliance by the Township of all terms of this Ordinance.
[Ord. No. 11-26] |
PM-508.4 Surcharge.
|
a. A surcharge of $50 per month (the "Surcharge")
is hereby imposed upon every sewer utility bill to property owners,
tenants, landlords, or other persons with a property interest for
the following conditions:
|
i. Failure to comply with this Ordinance.
|
ii. Refusal to permit inspection.
|
b. If the Surcharge is not paid and received by
the Township, a lien shall be imposed upon the property as per N.J.S.A.
40:14B-42.
|
c. Said Surcharge shall remain on the property and
sewer utility bill until such time as the Township Building Inspector
or Township Engineer certifies that the property owner, tenant, landlord,
or other person with a property interest is in full compliance with
this Ordinance.
[Ord. No. 11-26] |
PM-508.5 Appeal of Surcharge: Any property owner
who shall be assessed a Surcharge pursuant to this Ordinance shall
have a right to appeal to the Municipal Court for the purposes of
proving compliance with this Ordinance.
[Ord. No. 11-26] |
PM-508.6 Municipal Assistance: The Township shall
assist and provide guidance to any property owner, tenant, landlord,
or other person with a property interest in remedying the situation
as it involves a matter of public concern to the resident's health,
safety and welfare of the community in remedying the illicit connection.
Except as specifically set forth in this Ordinance, all costs associated
to comply with this Ordinance shall be borne by the property owner,
tenant, landlord, or other person with a property interest.
[Ord. No. 11-26] |
PM-508.7 Waiver: Any person, business, or other
entity, who shall by inspection or voluntary reporting is determined
to be in violation of any section of this Ordinance, shall be permitted
to file for a waiver of the Surcharge requirement of this Ordinance,
if they can prove that they have exhausted all possible remedial measures.
Remedial measures include but are not limited to the installation
of a dry-well, the connection to a storm sewer, and/or use of one's
own property for discharge of the water so long as such discharge
does not adversely affect any neighboring property owner. Upon certification
of the Building Inspector and/or Township Engineer, the person, business,
or other entity shall be granted such waiver, but only for such time
as to when a remedy becomes available. If such remedy is made available
by the Township, the Township shall notify the person, business, or
other entity, that they shall comply with this Ordinance within 120
days of receiving said notice. Failure to comply will result in the
imposition of a Surcharge as per Section PM-508.4.
[Ord. No. 11-26] |
PM-508.8 Maintenance of Sump Pumps: Sump Pumps
shall be maintained in good repair and free from all obstructions.
[Ord. No. 11-26] |
Chapter PM-6
Mechanical and Electrical Requirements
|
SECTION PM-601.0 GENERAL.
|
PM-601.1 Scope: The provisions of this chapter
shall govern the minimum mechanical and electrical facilities and
equipment to be provided.
|
PM-601.2 Responsibility: The owner of the structure
shall provide and maintain mechanical and electrical facilities and
equipment in compliance with these requirements. A person shall not
occupy as owner-occupant or permit another person to occupy any premises
which does not comply with the requirements of this chapter.
|
SECTION PM-602.0 HEATING FACILITIES.
|
PM-602.1 Facilities required: Heating facilities
shall be provided in structures as required by this section. Every
dwelling shall be provided with heating facilities capable of maintaining
a room temperature of 65° F. (18° C.) in all habitable rooms,
bathrooms and toilet rooms based on the outside design temperature
required for the locality by the mechanical code listed in Chapter
8.
|
PM-602.2.1 Heat supply: Where any occupant
undertakes by contract, or as a condition of his letting, to supply
his own heat through a furnace or boiler which also heats a dwelling
unit or rooming unit occupied by other persons, the occupant shall
be responsible for supplying heat in accordance with the provisions
of subsection 602.1. It shall be the responsibility of the owner or
operator to maintain heat in every habitable space. Whenever the outside
temperature of a structure falls below 55° F. between September
15 through May 31 heat shall be maintained at 68° F. between the
hours of 6:00 a.m. and 11:00 p.m., and 65° F. between the hours
of 11:00 p.m. and 6:00 a.m. Any owner or operator who has an express
contractual arrangement with an occupant under which the occupant
undertakes to supply his own heat through facilities under the occupant's
exclusive control shall be excepted from the requirement to supply
heat.
|
PM-602.2.2 Room temperature exception: When the outdoor temperature is below the outdoor design temperature
required for the locality by the mechanical code listed in Chapter
8, the owner or operator shall not be required to maintain the minimum
room temperatures, provided that the heating system is operating at
full capacity, with supply valves and dampers in full open position.
|
PM-602.3 Nonresidential structures: Every enclosed
occupied work space shall be supplied with sufficient heat during
the period from September 15 to May 31 to maintain a temperature of
not less than 65° F. (18° C.) during all working hours.
|
Exceptions:
|
1. Processing, storage and operation areas that
require cooling or special temperature conditions.
|
2. Areas in which persons are primarily engaged
in vigorous physical activities.
|
PM-602.4 Room temperature measurement: The required
room temperatures shall be measured at a point three feet (914 mm)
above the floor and three feet (914 mm) from the exterior walls.
|
SECTION PM-603.0 MECHANICAL EQUIPMENT.
|
PM-603.1 Mechanical equipment: All mechanical equipment,
fireplaces and solid fuel-burning appliances shall be properly installed
and maintained in a safe working condition, and shall be capable of
performing the intended function.
|
PM-603.2 Equipment access: Access to outdoor mechanical
equipment shall be maintained under all weather conditions.
|
PM-603.3 Cooking and heating equipment: All cooking
and heating equipment, components and accessories in every heating,
cooking and water-heating device shall be maintained free from leaks
and obstructions.
|
PM-603.4 Flue: All fuel-burning equipment and appliances
shall be connected to an approved chimney or vent.
|
Exception: Fuel-burning equipment and
appliances which are labeled for unvented operation.
|
PM-603.5 Clearances: All required clearances to
combustible material shall be maintained.
|
PM-603.6 Safety controls: All safety controls for
fuel-burning equipment shall be maintained.
|
PM-603.7 Combustion air: A supply of air for complete
combustion of the fuel and for ventilation of the space shall be provided
for the fuel-burning equipment.
|
PM-603.8 Energy conservation devices: Devices purporting
to reduce fuel consumption by attachment to a fuel-burning appliance,
to fuel supply line thereto, or to vent outlet or vent piping therefrom,
shall not be installed unless labeled for such purpose and the installation
is specifically approved.
|
SECTION PM-604.0 ELECTRICAL FACILITIES.
|
PM-604.1 Facilities required: Every occupied building
shall be provided with an electrical system in compliance with the
requirements of this section and Section PM-605.0.
|
PM-604.2 Service: The size and usage of appliances
and equipment shall serve as a basis for determining the need for
additional facilities in accordance with NFPA 70 listed in Chapter
8. Every dwelling shall be served by a main service that is not less
than 60 amperes, three wires.
|
PM-604.3 Electrical system hazards: Where it is
found that the electrical system in a structure constitutes a hazard
to the occupants or the structure by reason of inadequate service,
improper fusing, insufficient outlets, improper wiring or installation,
deterioration or damage, or for similar reasons, the code official
shall require the defects to be corrected to eliminate the hazard.
|
SECTION PM-605.0 ELECTRICAL EQUIPMENT.
|
PM-605.1 Installation: All electrical equipment,
wiring and appliances shall be properly installed and maintained in
a safe and approved manner.
|
PM-605.2 Receptacles: Every habitable space in
a dwelling shall contain at least two separate and remote receptacle
outlets. Every laundry area shall contain at least one grounded type
receptacle. Every bathroom shall contain at least one approved receptacle.
|
PM-605.3 Lighting fixtures: Every public hall,
interior stair-way, water closet compartment, bathroom, laundry room
and furnace room shall contain at least one electric lighting fixture.
|
SECTION PM-606.0 ELEVATORS, ESCALATORS AND DUMBWAITERS.
|
PM-606.1 General: Elevators, dumbwaiters and escalators
shall be maintained to sustain safely all imposed loads, to operate
properly, and to be free from physical and fire hazards.
|
PM-606.2 Elevators: In buildings equipped with
passenger elevators, at least one elevator shall be maintained in
operation at all times when the building is occupied.
|
Exception: Buildings equipped with
only one elevator shall be permitted to have the elevator temporarily
out of service for testing or servicing.
|
Chapter PM-7
Fire Safety Requirements
|
SECTION PM-701.0 GENERAL.
|
PM-701.1 Scope: The provisions of this chapter
shall govern the minimum conditions and standards for fire safety
relating to structures and exterior premises, including fire safety
facilities and equipment to be provided.
|
PM-701.2 Responsibility: The owner of the premises
shall provide and maintain such fire safety facilities and equipment
in compliance with these requirements. A person shall not occupy as
owner-occupant or permit another person to occupy any premises that
do not comply with the requirements of this chapter.
|
SECTION PM-702.0 MEANS OF EGRESS.
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PM-702.1 General: A safe, continuous and unobstructed
means of egress shall be provided from the interior of a structure
to a public way.
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PM-702.2 Exit capacity: The capacity of the exits
serving a floor shall be sufficient for the occupant load thereof
as determined by the building code listed in Chapter 8.
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PM-702.3 Number of exits: In nonresidential buildings,
every occupied story more than two stories above grade shall be provided
with not less than two independent exits. In residential buildings,
every story exceeding two stories above grade shall be provided with
not less than two independent exits. In stories where more than one
exit is required, all occupants shall have access to at least two
exits. Every occupied story which is both totally below grade and
greater than 2,000 square feet (186 ms) shall be provided with not
less than two independent exits.
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Exception: A single exit is acceptable
under any one of the following conditions:
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1. Where the building is equipped throughout with
an automatic sprinkler system and an automatic fire detection system
with smoke detectors located in all corridors, lobbies and common
areas.
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2. Where the building is equipped throughout with
an automatic fire detection system and the exit is an approved smoke-proof
enclosure or pressurized stairway.
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3. Where an existing fire escape conforming to the
building code listed in Chapter 8 is provided in addition to the single
exit.
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4. Where permitted by the building code listed in
Chapter 8.
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PM-702.4 Arrangement: Exits from dwelling units,
rooming units, guestrooms and dormitory units shall not lead through
other such units, or through toilet rooms or bathrooms.
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PM-702.5 Exit signs: All means of egress shall
be indicated with approved "Exit" signs where required by the building
code listed in Chapter 8. All "Exit" signs shall be maintained visible
and all illuminated "Exit" signs shall be illuminated at all times
that the building is occupied.
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PM-702.6 Corridor enclosure: All corridors serving
an occupant load greater than 30 and the openings therein shall provide
an effective barrier to resist the movement of smoke. All transoms,
louvers, doors and other openings shall be closed or shall be self-closing.
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Exceptions:
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1. Corridors in occupancies in other than Use Group
H which are equipped throughout with an automatic sprinkler system.
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2. Patient room doors in corridors in occupancies
in Use Group 1-2 where smoke barriers are provided in accordance with
the fire prevention code listed in Chapter 8 are not required to be
self-closing.
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3. Corridors in occupancies in Use Group E where
each room that is occupied for instruction or assembly purposes has
at least one-half of the required means of egress doors opening directly
to the exterior of the building at ground level.
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4. Corridors that are in compliance with the building
code listed in Chapter 8.
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PM-702.7 Dead-end travel distance: All corridors
that serve more than one exit shall provide direct connection to such
exits. The length of a dead-end corridor shall not exceed 35 feet
(10,668 mm) where the building is not equipped throughout with an
automatic sprinkler system. The dead-end travel distance limitation
shall be increased to 70 feet (21,336 mm) where the building is equipped
throughout with an automatic sprinkler system.
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PM-702.8 Aisles: Arrangements of chairs or table
and chairs shall provide for ready access by aisle accessways and
aisles to each egress door. The minimum clear width of each aisle
in occupancies in Use Groups A, E and I-2 shall be maintained in accordance
with the requirements of the building code listed in Chapter 8. In
all other occupancies, aisles shall have a minimum required clear
width of 44 inches (1,118 mm) where serving an occupant load greater
than 50, and 36 inches (914 mm) where serving an occupant load of
50 or less. The clear width of aisles shall not be obstructed by chairs,
tables or other objects.
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PM-702.9 Stairways, handrails and guards: Every
exterior and interior flight of stairs having more than four risers,
and every open portion of a stair, landing, balcony, porch, deck,
ramp or other walking surface which is more than 30 inches (762 mm)
above the floor or grade below shall have guards. Handrails shall
not be less than 30 inches (762 mm) nor more than 42 inches, (1,067
mm) high, measured vertically above the nosing of the tread or above
the finished floor of the landing or walking surfaces. Guards shall
not be less than 30 inches (762 mm) high above the floor of the landing,
balcony, porch, deck, ramp or other walking surface.
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PM-702.10 Information signs: A sign shall be provided
at each floor landing in all interior stairways more than three stories
above grade, designating the floor level above the floor of discharge.
All elevator lobby call stations on all floor levels shall be identified
by approved signs in accordance with the requirements for new buildings
in the building code listed in Chapter 8.
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Exception: The emergency sign shall
not be required for elevators that are part of an accessible means
of egress complying with the building code listed in Chapter 8.
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PM-702.11 Locked doors: All means of egress doors
shall be readily openable from the side from which egress is to be
made without the need for keys, special knowledge or effort, except
as provided for in Section PM-702.11.1.
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PM-702.11.1 Locks permitted: Locks
or fasteners shall not be installed on egress doors except in accordance
with the following conditions:
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1. In problem security areas, special-purpose door
alarms or locking devices shall be approved prior to installation.
Manually operated edge or surface-molded flush bolts are prohibited.
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2. Where the door hardware conforms to that permitted
by the building code listed in Chapter 8.
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PM-702.12 Emergency escape: Every sleeping room
located in a basement in an occupancy in Use Group I-1 or R shall
have at least one openable window or exterior door approved for emergency
egress or rescue; or shall have access to not less than two approved
independent exits.
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Exception: Buildings equipped throughout
with an automatic fire suppression system.
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PM-702.12.1 Security: Bars, grilles or screens
placed over emergency escape windows shall be releasable or removable
from the inside without the use of a key, tool or force greater than
that which is required for normal operation of the window.
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SECTION PM-703.0 ACCUMULATIONS AND STORAGE.
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PM-703.1 Accumulations: Rubbish, garbage or other
materials shall not be stored or allowed to accumulate in stairways,
passageways, doors, windows, fire escapes or other means of egress.
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PM-703.2 Hazardous material: Combustible, flammable,
explosive or other hazardous materials, such as paints, volatile oils
and cleaning fluids, or combustible rubbish, such as wastepaper, boxes
and rags, shall not be accumulated or stored unless such storage complies
with the applicable requirements of the building code and the fire
prevention code listed in Chapter 8.
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SECTION PM-704.0 FIRE RESISTANCE RATINGS.
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PM-704.1 General: The fire resistance rating of
floors, walls, ceilings, and other elements and components shall be
maintained.
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PM-704.2 Maintenance: All required fire doors and
smoke barriers shall be maintained in good working order, including
all hardware necessary for the proper operation thereof. Fire doors
shall not be held open by door stops, wedges, and other unapproved
hold-open devices.
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SECTION PM-705.0 FIRE PROTECTION SYSTEMS.
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PM-705.1 General: All systems, devices and equipment
to detect a fire, actuate an alarm, or suppress or control a fire
or any combination thereof shall be properly maintained.
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PM-705.2 Fire suppression system: Fire suppression
systems shall be in proper operating condition at all times.
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PM-705.2.1 Valves: Control valves shall
be in the fully open position.
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PM-705.2.2 Sprinklers: Sprinklers shall
be clean and free from corrosion, paint and damage. Stock shall be
at least 18 inches (457 mm) below sprinkler deflectors.
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PM-705.2.3 Piping: Piping shall be
properly supported and shall not support any other.
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PM-705.3 Standpipe systems: Standpipe systems shall
be in proper operating condition at all times.
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PM-705.3.1 Valves: Water supply control
valves shall be in the fully opened position.
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PM-705.3.2 Hose connections: Hose connections
shall be identified and have ready access thereto.
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PM-705.3.3 Hose: Where provided, the
hose shall be properly packed, dry and free from deterioration.
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PM-705.4 Fire extinguishers: All portable
fire extinguishers shall be visible, provided with ready access thereto,
and maintained in an efficient and safe operating condition. Extinguishers
shall be of an approved type.
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PM-705.5 Smoke detectors: A minimum of one approved
single-station or multiple-station smoke detector shall be installed
in each guestroom, suite or sleeping area in occupancies in Use Groups
R-1 and I-1, and in dwelling units in the immediate vicinity of the
bedrooms in occupancies in Use Groups R-2 and R-3. In all residential
occupancies, smoke detectors shall be required on every story of the
dwelling unit, including basements. In dwelling units with split levels
and without an intervening door between the adjacent levels, a smoke
detector installed on the upper level shall suffice for the adjacent
lower level, provided that the lower level is less than one full story
below the upper level.
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PM-705.5.1 Installation: All detectors
shall be installed in accordance with the building code listed in
Chapter 8. When activated, the smoke detectors shall provide an alarm
suitable to warn the occupants within the individual room or dwelling
unit.
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PM-705.5.2 Power source: The power
source for smoke detectors shall be either an AC primary power source
or a monitorized battery primary power source.
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PM-705.5.3 Tampering: Anyone tampering
or interfering with the effectiveness of a smoke detector shall be
in violation of this code.
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PM-705.6 Fire alarm systems: Fire alarm systems
shall be in proper operating condition at all times.
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PM-705.6.1 Control panel: The "power
on" indicator shall be lit. Alarm or trouble indicators shall not
be illuminated.
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PM-705.6.2 Manual fire alarm boxes: All manual fire alarm boxes shall be operational and unobstructed.
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PM-705.6.3 Automatic fire detectors: All automatic fire detectors shall be operational and free from
any obstructions that prevent proper operation, including smoke entry.
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PM-705.7 Records: A complete written record of
all tests and inspections of fire protection systems shall be maintained
on the premises by the owner or occupant in charge of said premises.
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SECTION PM-706.0 ELEVATOR RECALL.
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PM-706.1 Required: All elevators having a travel
distance of 25 feet (7,620 mm) or more above or below the primary
level of elevator access for emergency firefighting or rescue personnel
shall conform to the requirements of Rule 211.3 of ASME A17.1 listed
in Chapter 8.
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SECTION PM-707.0 MECHANICAL EQUIPMENT CONTROL SMOKE DETECTORS/SMOKE
DETECTOR SYSTEMS.
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PM-707.1 Types of smoke detectors: Smoke detectors
shall be Underwriters Laboratories, Inc. (U.L.), Factory Mutual Research
Corporation (F.M.) or other nationally recognized testing laboratory
listed ionization or photo-electric type units.
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a. Single station units shall have the following
features: integral alarms capable of emitting a minimum sound intensity
of 85 dbA at a ten-foot distance, an easily seen and activated manual
unit test button or approved alternative and a power source monitor
light or trouble signal. All units shall be listed as conforming to
latest NFPA No. 72 standards for design and performance.
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PM-707.2 Power source and owner duties: All dwelling
unit smoke detectors shall be battery powered single station units
and may be installed in dwelling units provided that the following
conditions are met:
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a. The owner or his representative shall inspect
and clean all units and replace batteries in all units annually or
as otherwise required per manufacturer's printed recommendations.
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b. The owner of a two-family dwelling shall supply
each occupant with a copy of the manufacturer's printed instructions
for the testing of the installed unit(s).
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c. The owner of a two-family dwelling who has been
notified by an occupant, that such occupant is unable to perform the
required monthly testing of detector units in his dwelling or have
this performed by a member of his household, shall perform such monthly
testing.
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d. In all common areas, the owner or his representative
shall test all smoke detectors and/or detection systems monthly and
maintain them as per manufacturer's recommendations.
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PM-707.3 Required location of smoke detectors in dwelling
units: Dwelling units in one and two family dwellings shall
have smoke detectors installed at locations as follows:
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a. Each dwelling unit shall have a minimum of one
approved single station smoke detector located in close proximity
to each sleeping area. Smoke detectors shall be located so that the
maximum distance from the detector to any sleeping area exit door
shall not exceed 10 feet.
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b. A basement, cellar or attic directly connected
to a dwelling unit and used by the occupants of that unit only shall
have a minimum of one approved smoke detector located in the highest
ceiling area or at the ceiling of the first floor stair landing or
other approved location where the earliest detection of fire would
activate the alarm.
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PM-707.4 Common area smoke detection requirements: Common areas in all buildings that do not comply with the minimum
life safety requirements of the New Jersey Uniform Construction Code
shall be required to have an approved system. Alarms shall be located
so as to be effectively heard above all other sounds, by all occupants,
in every occupied space within the building.
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a. All corridors up to 30 feet in length which form
part of a means of egress shall have a minimum of one approved smoke
detector. An additional smoke detector shall be installed for every
additional 30 feet or part thereof. Detectors shall be so located
as to provide most complete coverage.
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b. All interior stairways in buildings not enclosed
by a minimum one hour fire-rated separation from other common areas
and/or dwelling units shall have approved smoke detectors installed
at each floor-level at either the ceiling of the landing or the high
point of the sloped staircase soffit.
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c. All basements, cellars or attics which lack a
minimum one fire-rated smooth ceiling surface shall have approved
smoke detectors installed at spacings not to exceed 300 square feet
of floor space coverage per smoke detector, unless the detector is
listed for a greater allowable space.
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d. All basements, cellars or attics which have an
existing approved minimum of one hour fire-rated ceiling assembly
shall have a minimum of one approved smoke detector per 625 square
feet of area, unless the detector is listed for a greater allowable
spacing.
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e. All other use groups within the same fire area
shall be considered as common area when not separated by fire assemblies
of two hour construction.
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f. Any mechanical room containing appliances for
both dwelling units.
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PM-707.5 Substitution of heat detectors: With the
approval of the fire subcode official, heat detectors may be substituted
for smoke detectors in those locations where frequent nuisance alarms
would be likely to occur.
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PM-707.6 All smoke detector systems shall require
permits and inspections as per the State of New Jersey Uniform Construction
Code.
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Chapter PM-8
Responsibilities of Persons
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SECTION PM-800.0 DUTIES AND RESPONSIBILITIES OF OCCUPANTS:
RESIDENTIAL.
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PM-800.0 Occupancy and reports where violations exist: Occupants shall not after notice as required hereafter occupy or
continue to occupy premises which are substandard by reason of failure
of the dwelling unit or rooming unit occupied by them or the dwelling
or premises to conform to and comply with the requirements of this
code. Upon discovery by the occupant of any condition on premises,
occupied by the occupant which constitutes a violation hereof, the
occupant shall report the same to the public officer responsible for
enforcement hereunder.
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PM-800.1 Garbage disposal and personal accumulations: Occupants shall place all garbage in the receptacles provided for
garbage disposal and shall, where janitor service is not supplied,
place for disposal all garbage and other refuse in garbage cans located
in the exterior of the premises in an area designated and set forth
for this disposal, but such containers may not be stored in the area
between dwellings and street side lines or on streets. Where janitorial
service for the removal of garbage and other refuse to the exterior
of the premises is provided by the owner or operator, then the occupant
shall dispose of garbage and other refuse in containers provided therefor
by the owner or operator in designated and enclosed areas in the interior
of the premises. Garbage and other refuse shall not be thrown out
of windows or down dumbwaiters, nor shall garbage and refuse be set
out on stairways or fire escapes or in common hallways. All fire escapes,
stairways, and common hallways shall be kept free of accumulations
of personal belongings. All dumbwaiters shall be operative at all
times where in existence and used as a regular part of the garbage
disposal system.
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PM-800.2 Infestation elimination: Every occupant
of a single family dwelling shall be responsible for the elimination
of infestation in the dwelling on the premises. Every occupant of
a dwelling shall be responsible for eliminating all conditions causing
infestation which are caused by the occupant, and also those conditions
which are subject to and under his exclusive control.
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PM-800.3 Plumbing maintenance: Every occupant or
operator shall maintain all plumbing fixtures used by him in a clean
and sanitary condition and he shall not deposit any material in any
fixture or sewer system which would result in stoppage of or damage
to the fixtures or sewer system.
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PM-800.4 Wiring: No loose cords or loose extension
lines in excess of six feet in length shall be permitted and no ceiling
or wall fixture shall be used to supply power to equipment other than
that for which they are designed.
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PM-800.5 Notice of defect to owner: Where the owner
or operator would not otherwise know of a defect of any facility,
utility, or equipment required to be furnished hereunder and the same
is defective or inoperable, each occupant or owner affected thereby
shall upon learning of the defect, provide notice to the owner, operator,
or other person in charge of the premises. Nothing herein shall be
construed to provide a defense to any owner or operator violating
this code.
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PM-801.0 Occupancy: No occupant shall occupy or
permit the occupancy of any rooming unit or dwelling unit in violation
of the occupancy standards established in subsection 405.5. No occupant
shall occupy or continue to occupy a dwelling unit or rooming unit
that does not have provision for bathroom facilities.
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PM-801.1 Cooking: No occupant shall cook in any
dwelling unit except where all the required facilities are installed
as required under this Code.
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PM-801.2 Violations by minors: Any adult member
of the family shall be responsible and liable for any violation of
the stated subsection caused by minors under their care or custody
occupying the same dwelling unit if the violations were created or
permitted to continue with the knowledge or acquiescence of consent
of the adult member.
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PM-801.3 Miscellaneous provisions: Owners, occupants
and their guests are prohibited from walking, standing, sitting or
lying on the roof or fire escape of any building except in the case
of emergency or to effectuate repairs.
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PM-801.4 Owners, occupants and their guests are prohibited
from placing residential furniture on the roof or porch of any building: Owner and occupants of the premises are responsible for eliminating
and preventing violations of the above provision.
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PM-801.5 Owners, occupants and their guests are
prohibited from placing or utilizing any cooking devices on the roof
of any building.
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PM-801.6 Owners and occupants of the premises are
responsible for eliminating and preventing any violations of the above
provision.
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REFERENCED STANDARDS
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This chapter lists the standards that are referenced in various
sections of this document. The standards are listed herein by the
promulgating agency of the standard, the standard identification,
the effective date and title, and the section or sections of this
document that reference the standard. The application of the referenced
standards shall be as specified in Section PM-101.4
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ASME
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American Society of Mechanical Engineers
345 East 47th Street
New York, New York 10017
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Standard reference number
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Title
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Referenced in Code Section number
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A17.1-93
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Safety Code for Elevators and Escalators — with 1994 Addenda
(A17.1a)
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PM-706.1
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CODES*
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Building Officials and Code
Administrators International, Inc.
4051 West Flossmoor Road
Country Club Hills, Illinois 60478-5795
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Standard reference number
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Title
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Referenced in Code Section number
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BNBC — 96
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BOCA National Building Code
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PM-101.7
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PM-201.3, PM-201.3, PM-202.0, PM-401.2, PM-403.1, PM-702.2,
PM-702.3, PM-702.5, PM-702.6, PM-702.8, PM-702.10, PM-702.11.1, PM-703.2,
PM-705.5.1
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Standard reference number
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Title
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Referenced in Code Section number
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BNBC-96
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BOCA National Building Code
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PM-101.7
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BNFPC-96
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BOCA National Fire Prevention Code
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PM-702.6
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PM-703.2
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IMC-96
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ICC International Mechanical Code
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PM-101.7
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PM-102.3, PM-602.2, PM-602.2.2, PM-707.1
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IPC-95
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ICC International Plumbing Code -with 1996 Supplement
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PM-101.7
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PM-201.3, PM-502.1
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*All BOCA and ICC publications are available from BOCA
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NFPA
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National Fire Protection Association
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Batterymarch Park
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Quincy, Massachusetts 02269
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Standard reference number
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Title
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Referenced in Code Section number
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70 — 96
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National Electric Code
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PM-101.7
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PM-604.2
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