Township of East Windsor, NJ
Mercer County
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Table of Contents
Table of Contents
There is hereby established in and for the Township of East Windsor, a State Uniform Construction Code enforcing agency to be known as the Township Code Enforcement Agency, consisting of a construction official, building subcode official, plumbing subcode official, fire protection subcode official, and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The construction official shall be the chief administrator of the enforcing agency.
Each official position created in subsection 13-1.1 hereof shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119, et seq. and N.J.A.C. 5:23; provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by a contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person; provided that such person is qualified pursuant to N.J.S.A. 52:27D-119, et seq. and N.J.A.C. 5:23 to hold each such position.
a. 
The fee for plan review shall be five percent of the fee for a construction permit. Plan review fees shall be paid at the time of granting the permit. Plan review fees shall not be refunded.
b. 
The fees for a construction permit shall be the sum of the subcode fees listed in "1 through 6" hereof and shall be paid before the permit is issued.
1. 
The building subcode fee shall be:
(a) 
For new construction, $0.030 per cubic foot (volume) for all use groups; except for Storage 1 or Storage 2 use. S1 and S2 use shall be $0.020 per cubic foot (volume).
(b) 
For renovations, alterations and repairs and for the installation and foundation systems of premanufactured construction, $25 per $1,000 of estimated cost.
(1) 
For the purpose of determining estimated cost the applicant shall submit to the construction official cost data produced by the architect or engineer of record, or by a recognized estimating firm or by the contractor. A bona fide contractor's bid, if available shall be submitted. The construction official will make the final decision regarding estimated cost.
(c) 
For combinations of renovations and additions, the sum of the fees computed separately as renovations and additions;
(d) 
For farm outbuildings and accessory structures not intended for human habitation when used specifically for agriculture or horticulture and assessed under the 1964 Farm Assessment Act, $0.015 per cubic foot of structure volume, not to exceed a maximum fee of $500;
(e) 
The fee for minor work shall be based on the estimated cost of the work. Twenty-five dollars per $1,000 of estimated cost.
(f) 
The fee for roofing or siding work in use group R3 or R5 shall be a flat fee of $45 for residential reroofing, $60 for residential new roof and residential siding, and $25 per $1,000 of estimated cost for commercial and R2 residential.
(g) 
The fees for retaining walls shall be as follows:
(1) 
The fee for a retaining wall with a surface area greater than 550 square feet that is associated with a Class III residential structure shall be $120.
(2) 
The fee for a retaining wall with a surface area of 550 square feet or less that is associated with a Class III residential structure shall be $60.
(3) 
The fee for a new constructed retaining wall of any size for other than a Class III residential structure shall be based on the cost of construction at $25 per $1,000 of estimated cost.
(h) 
The fees for tents that are greater than 16,800 square feet or more than 140 feet in any direction shall be $200.
(i) 
The fees for trailers shall be $45 for a construction storage trailer and $60 for a sales/business trailer.
2. 
The mechanical subcode fees shall be charged as per UCC 5:23-4.18(c) 5.
(a) 
The first two devices or systems for new construction shall be $60.
(b) 
Each additional device or system shall be $15.
(1) 
The following items to be charged as permitted under N.J.A.C. 5:23-4.18 R-3, and R-4 and R-5 use group:
Hot water boiler
Steam boiler
Hot air furnace
Room heater
Air conditioning system
Solar heating system
Air distribution system
Hydronic piping system
Bathroom exhaust system
Kitchen exhaust system
Clothes dryer exhaust system
Each appliance connected to gas piping system
Each appliance connected to fuel piping
Fireplace (prefab) gas
Fireplace (masonry)
Gas grills
Chimney or vent for any appliance
Water heater (replacement only)
(c) 
The fee for replacement of a device or system shall be $40, except that the fee for a residential hot water heater replacement shall be $35.
(1) 
Each additional device or system the fee shall be $15.
3. 
The plumbing subcode fees shall be:
(a) 
Plumbing fixtures and equipment.
(1) 
For the first two fixtures or appliances the fee shall be $60.
(2) 
All remaining fixtures shall be $15 each.
(3) 
Grease traps, oil separators, water-cooled air conditioners, refrigerator units, utility service connections, backflow preventers, steam boilers, hot water boilers, active solar systems, sewer pumps, or interceptors shall be $80.
(4) 
Fuel and gas tank installation fees shall be as follows:
(i) 
Residential fuel tank installation: $60.
(ii) 
Commercial fuel tank installation: $75.
(iii) 
LP gas tank installation: $60.
(iv) 
Temporary LP gas tank installation: $40.
(b) 
Periodic inspections.
(1) 
Cross connections and backflow preventers that are subject to testing, requiring a test every 12 months shall be $46. Devices registered with the DEP shall not require testing under the UCC.
4. 
The electrical subcode fee shall be as follows:
(a) 
Electrical fixtures and devices:
(1) 
From one to five devices: $30.
(2) 
From six to 25 additional devices: $25.
(3) 
For each additional 25 devices: $15.
(4) 
For the purpose of computing the fee schedule, receptacles, fixtures, or switches shall include, but not be limited to wall switches, lighting outlets, convenience receptacles, fluorescent fixtures, smoke detectors, heat detectors, intercom devices, burglar alarm detectors/devices, thermostats, and similar devices, or motors of one horsepower or one kilowatt or less.
(b) 
Motors:
Size (horsepower)
Fee
0.5 to 10
$15
10.1 to 50
$75
50.1 to 100
$150
100.1 to 500
$300
Over 500
$300 plus $100 for each additional 100 hp over 500 hp
(c) 
Electrical devices:
Size (kilowatts)
Fee
1.1 to 10
$15
10.1 to 50
$75
50.1 to 100
$150
100.1 to 500
$300
Over 500
$300 plus $100 for each additional 100 kW over 500 kW
(d) 
For the purpose of computing this fee schedule, typical electric devices sizes are listed below and the proper kilowatt rating MUST be noted on the application so the proper fee can be assessed. This typical list is not all inclusive:
(1) 
Dishwasher: one and two-tenths kilowatts.
(2) 
Hot-water heater: four and five-tenth kilowatts.
(3) 
Electric dryer: 5 kilowatts.
(4) 
Apartment-sized range: 8 kilowatts.
(5) 
Electric baseboard heaters: 250 watts per foot.
(e) 
Transformers or generators:
Size (kilowatts)
Fee
1.1 to 10
$15
10.1 to 45
$75
45.1 to 112.5
$150
112.6 to 500
$300
Over 500
$300 plus $100 for each additional 100 KW over 500 KW
(f) 
Low voltage service equipment (under 400 volts):
Size
Fee
0 to 200 amp
$60
200.1 to 800 amp
$120
800.1 to 2000 amp
$300
Over 2000 amp
$300 plus $100 for each additional 500 amp over 2000 amp
(g) 
High voltage service (over 400 volts):
Size
Fee
0 to 200 amp
$120
200.1 to 800 amp
$250
800.1 to 2000 amp
$400
Over 2000 amp
$400 plus $150 for each additional 500 amp over 2000 amp
(h) 
Sub panels:
Size
Fee
0 to 200 amp
$75
200.1 to 800 amp
$150
800.1 amp and larger
$300
(i) 
Construction pole service and one to ten receptacles: $75
(j) 
Air conditioners: apply motor schedule.
Exceptions: Residential (R3, R5) replacement: $50.
(k) 
Pools:
Public pools: $125.
Exceptions: R3, R5: aboveground: $60; inground: $75.
(l) 
Trailer connections: $60.
(m) 
Solar photovoltaic systems: The fee shall be based on the designated kilowatt rating of the solar photovoltaic system as per N.J.A.C. 5:23-4.20(c)iii.(13):
(1) 
One to 50 kilowatts, the fee shall be $46.
(2) 
51 to 100 kilowatts, the fee shall be $92.
(3) 
Greater than 100 kilowatts, the fee shall be $457.
5. 
The fire protection subcode fee shall be per device.
(a) 
The fee for sprinkler heads shall be:
One to nine devices: $60.
10 to 20 devices: $75.
21 to 100 devices: $150.
101 to 200 devices: $250.
201 to 400 devices: $600.
401 to 1000 devices: $800.
1001 to 1200 devices: $1,000.
Over 1200 devices: an additional $100 per 500 devices.
(b) 
The fee for heat/smoke detectors shall be: one to ten devices $40. Each additional 25 devices shall be $25.
(c) 
The fee for a special suppression system shall be a flat fee of $100 per system.
(d) 
The fee for a standpipe system shall be a flat fee of $225 per standpipe.
(e) 
The fee for each gas or oil fired appliance except hot water heaters shall be $60.
(f) 
The fee for each kitchen exhaust system will be $60.
(g) 
The fee for each fire pump installation shall be $225.
(h) 
The fee for each crematorium shall be $300.
(i) 
The fee for each incinerator shall be $300.
(j) 
Any other work requiring a permit shall be charged at the rate of $25 per thousand of estimated cost.
6. 
Elevator safety subcode.
(a) 
Test and inspection fees: For witnessing acceptance tests and performing inspections shall be as follows:
(1) 
The basic fee for elevator devices in structures not in Use Group R-3 or R-4 shall be as follows:
(i) 
Traction and winding drum elevators:
1-10 floors: $243.
Over 20 floors: $405.
(ii) 
Hydraulic elevators: $216.
(iii) 
Roped hydraulic: $243.
(iv) 
Escalators, moving walks: $216.
(v) 
Dumbwaiters: $54.
(vi) 
Stairway chairlifts, inclined and vertical wheelchair lifts with manlifts: $54.
(2) 
Additional charges for devices equipped with the following features shall be as follows:
(i) 
Oil buffers (charge per oil buffer): $43.
(ii) 
Counterweight governor and safeties: $108.
(iii) 
Auxiliary power generator: $81.
(3) 
The fee for elevator devices in structures in Use Group R-3 or R-4 shall be $162. This fee shall be waived when signed statements and supporting inspection and acceptance test reports are filed by an approved qualified agent or agency in accordance with N.J.A.C. 5:23-2.19 and 2.20.
(4) 
The fee for witnessing acceptance tests of, and performing inspections of, alterations shall be $54.
(5) 
The fees for routine and periodic tests and inspections for elevator devices in structures not in Use Group R-3 and R-4 shall be as follows:
(i) 
The fee for the six month routine inspection of elevator devices shall be as follows:
A. 
Traction and winding drum elevators:
1 — 10 floors: $151.
Over 10 floors: $194.
B. 
Hydraulic elevators: $108.
C. 
Roped hydraulic elevators: $151.
D. 
Escalators, moving walks: $151.
(6) 
The fees for the one year periodic inspection and witnessing of tests of elevator devices, which shall include a six month routine inspection, shall be:
(i) 
Traction and winding drum elevators:
1 — 10 floors: $216.
Over 10 floors: $259.
(ii) 
Hydraulic elevators: $162.
(iii) 
Roped elevators: $216.
(iv) 
Escalators, moving walks: $346.
(v) 
Dumbwaiters: $86.
(vi) 
Manlifts, stairway chairlifts, inclined and vertical wheelchair lifts: $130.
(7) 
Additional yearly periodic inspection charges for elevator devices equipped with the following features shall be as follows:
(i) 
Oil buffers (per buffer): $43.
(ii) 
Counterweight governor and safeties: $86.
(iii) 
Auxiliary power generator: $54.
(8) 
The fee for the three year or five year inspection of elevator devices shall be as follows:
(i) 
Traction and winding drum elevators:
1 — 10 floors, five year inspection: $367.
Over 10 floors, five year inspection: $410.
(ii) 
Hydraulic and roped hydraulic elevator:
Three year inspection: $270.
Five year inspection: $162.
The fee to be charged for an annual construction permit shall be charged annually. The fee shall be a flat fee based on the number of maintenance workers who are primarily engaged in work that is governed by a subcode. Fees shall be as follows: Building, Fire, Pluming, and Electric -each subcode- 1 — 25 workers at $425 per worker; each additional worker over 25 will be $165 per worker.
The fee for a permit for demolition of a building or a structure shall be as follows: One- and two-family residential buildings, $80. All Class II, $100 and Class I, $200. Residential aboveground swimming pool, $45. Residential inground swimming pool, $60.
The fee for a permit for the removal of a building or structure from one lot to another or to a new location on the same lot shall be $100.
The fee for a permit to construct an aboveground pool shall be a flat fee of $60. The fee to construct an inground pool shall be a flat fee of $150. The fee for a permit to construct a spa or hot tub shall be a flat fee of $50. Residential swimming pool fence replacement shall be a flat fee of $25. The fee to construct a public pool shall be $15 per $1,000 of estimated cost.
The fee for a permit to construct a sign shall be as follows:
a. 
Fees for pylon signs (footings and/or foundations) shall be:
1. 
$4 per square foot for the first 100 square feet.
2. 
$3 per square foot for the next 400 square feet.
3. 
$2 per square foot thereafter.
b. 
Fees for ground signs and wall signs shall be:
1. 
$2 per square foot for the first 100 square feet.
2. 
$1.50 per square foot for the next 400 square feet.
3. 
$1 per square foot thereafter.
c. 
The minimum signage shall be $46.
The fee for a residential certificate of occupancy shall be $40. The fee for a commercial certificate of occupancy shall be $75.
a. 
The fee for a certificate of continued occupancy shall be $20 per subcode.
b. 
The fee for a certificate of occupancy granted pursuant to a change in use shall be $150.
c. 
A certificate of approval for rehabilitation work shall be issued when requested. No fee shall be charged.
d. 
The fee for first issuance of a temporary certificate of occupancy and renewal of a temporary certificate of occupancy shall be $25.
The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $550 for Class I structures and $110 for Class II structures. The fee for resubmission of an application for variation shall be $212 for Class I structures and $60 for Class II structures.
Premanufactured sheds over 100 square feet, up to 200 square feet, a flat $50. Premanufactured sheds over 200 square feet a fee of $0.020 per cubic foot (volume) shall be assessed.
The fee for a zoning permit shall be as follows:
a. 
Commercial.
1. 
Structure: $50.
2. 
Addition: $50.
3. 
Sign: $50.
4. 
Fence: $50.
5. 
Shed: $50.
6. 
Deck: $50.
7. 
Pool: $50.
8. 
Pool House: $50.
9. 
Pole Barn: $50.
10. 
Utility: $50.
11. 
Trailer: $50.
b. 
Residential Development.
1. 
Home: $50.
c. 
Homeowners (Residential).
1. 
Shed: $40.
2. 
Deck: $40.
3. 
Fence: $40.
4. 
Pool: $40.
5. 
Pool House: $40.
6. 
Addition: $40.
7. 
Arbor: $40.
8. 
Pole Barn: $40.
9. 
Gazebo: $40.
10. 
Garage: $40.
11. 
Utility: $40.
12. 
Paver Patio: $40.
a. 
The construction official shall, with the advice of the subcode officials, prepare and submit to the township council annually, a report recommending a fee schedule based on the operating expenses of the agency, and any other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.
a. 
The enforcing agency shall collect the fees specified below in this section. Said surcharge fee shall be remitted monthly by the municipal treasurer to the Bureau of Regulatory Affairs, Department of Community Affairs, State of New Jersey.
1. 
State Training Fees. This fee shall be in the amount of $0334 per cubic foot volume of new building and additions. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. Fee for all other construction shall be $1.70 per $1,000 of value of construction.
2. 
Pursuant to N.J.A.C. 5:23-4.18, municipalities in which private agencies enforce subcodes are authorized to charge up to a 15 percent administrative surcharge fee to cover their cost of administration.
3. 
Pursuant to N.J.A.C. 5:23-8.9, in addition to asbestos hazard abatement permit fees, the following administrative fees shall be collected and remitted as per 13-1.3.11a.
(a) 
An administrative fee of $70 for each construction permit issued for an asbestos hazard abatement project.
(b) 
An administrative fee of $14 for each certificate of occupancy issued following the successful completion of an asbestos hazard abatement project. Where the State changes the fee those fees shall be charged by the municipality.
No fees (this does not include third party subcodes) shall be required by the code enforcement agency for any construction for or constructed by the township or nonprofit organizations on township owned land within the corporate boundaries of the township. Any other nonprofit organization requesting exemption must apply through the township manager and council for waiver of municipal construction fee.
No fee (this does not include third party subcodes) shall be required by the code enforcement agency for any public school pursuant to N.J.A.C. 5:23-1.6.
A fee of ten percent of the total fee shall be charged to reinstate a lapsed permit. Said fee shall not be less than $45.
All fees shall be rounded to the nearest dollar.
Where a private on-site agency performs subcode services, the fees charged to the municipality by the private agency shall be fees determined by contract as per N.J.A.C. 5:23-4.5A.
No person shall move any building or structure to or from any tax map in the township without a permit issued by the construction official pursuant to subsection 13-1.7 hereof and without having filed with the construction official not less than ten days before the proposed date of the move, proof of having done the following:
a. 
Provided guarantees as per subsection 13-2.2 hereof; and
b. 
Obtained written approval as to traffic control plans from the chief of police pursuant to subsection 13-2.3 hereof; and
c. 
Made arrangements for barricades and detour signs pursuant to the traffic control plan; and
d. 
Arranged for the safe removal and replacement of all utility cables in the path of the move, and for the continuation of any fire or police alarm or other emergency circuits, or alternatives thereto as the chief of police may approve, during the move.
The applicant shall provide such proof of insurance as will cover all aspects of the move, from initial procedures on the original site through moving and through installation on the new site. Such insurance shall cover the township as additional named insured and shall be in an amount equal in the judgment of the township construction official to cover the potential liability of the township and motorists and property owners in view of:
a. 
The size and condition of the building being moved;
b. 
The route proposed and the time of the day the building will be moved.
The applicant shall further execute agreements satisfactory in form to the township attorney to defend and hold the township harmless from any claim arising out of the permitted activity.
All moving operations, as they relate to the problem of traffic, shall be approved in advance by the chief of police, who shall order such extra police services as he deems necessary for the public's safety. All costs for such extra police services shall be borne by the permit holder pursuant to section 3-8 of the Revised General Ordinances, except that the 15 days' notice provision thereof shall be modified for purposes of this section to ten days and an estimated payment for extra police services shall be made in advance to the finance department. The chief shall further specify and the applicant provide such barricades or temporary traffic diversion signs as may be necessary.
[1]
Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 3/1/61, 1976-40, 1976-41, 1978-16, 1979-27, 1980-4, 1980-15, 1981-3, 1981-7, 1981-29, 1982-26, 1984-13, 1985-11, 1985-38, 1985-39, 1986-6, 1986-25 and 1991-3.
This section is adopted to establish and maintain every person's right to a decent home, located in a desirable, suitable and well-kept neighborhood environment; establishing minimum standards governing the required plumbing; heating and electrical facilities and their maintenance; establishing minimum standards governing the condition and maintenance of dwellings and other structural things and conditions on the interior and exterior of dwellings and the premises surrounding dwellings to make dwellings safe, sanitary and fit for decent living; establishing minimum standards governing the conditions of dwellings offered for rent; fixing the responsibilities of both owners and occupants of dwellings; authorizing and commanding the inspections of dwellings and the condemnation of dwellings unfit for human habitation; and fixing the penalties for violations. However, the township, by this section, is not acting as a guarantor of any property insofar as any potential owner or occupant is concerned, nor shall the township be considered to be involved in any matter in the contractual relationships between parties.
The housing officer may make rules and regulations which interpret or amplify any provision of this chapter or for the purpose of making the provisions of this chapter more effective. No regulation shall be inconsistent with or alter or amend any provision of this chapter and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this chapter. Violations of all such rules and regulations shall only become effective after review and approval by resolution of the council. The approved rules and regulations shall be posted on the public announcements bulletin board in the municipal building, available for public inspection and purchase in the offices of the housing officer and the township clerk. Rules and regulations are subject to the same penalties as other violations of this chapter.
As used in this section:
a. 
CERTIFICATE OF CONTINUED OCCUPANCY — Shall mean the certificate provided for in the State Uniform Construction Code regulations issued by the township code enforcement agency and which certifies that as a result of a general inspection of the visible parts of the dwelling or dwelling unit there are no apparent violations of the regulations.
b. 
CERTIFICATE OF INSPECTION — Shall mean the certificate provided for in subsection 13-3.15 issued by the township housing inspector upon inspection and which certifies that such dwelling or dwelling unit complies with the standards of the township housing code.
c. 
CERTIFICATE OF OCCUPANCY — Shall mean the certificate provided for in the State Uniform Construction Code issued by the Township Code Enforcement Agency and which certifies that all of the work covered by a construction permit has been completed in accordance with the permit, the code and other applicable laws and ordinances.
d. 
DWELLING UNIT, APARTMENT, FLAT, LIVING UNIT (or other similar designation) — Shall mean any room or group of rooms located within a dwelling or building and forming a single habitable unit, for one or more persons, for the purpose of living, sleeping, cooking and toilet and bathing needs.
e. 
ROOMING HOUSE — Shall mean any dwelling or part of any dwelling containing one or more rooming units in which space is let by the operator to one or more persons who are not husband or wife, son or daughter, mother or father or sister or brother of the owner or operator or of the spouse of the owner, tenant or operator.
f. 
BOARDING HOUSE — Shall mean any private dwelling or dwelling unit where the owner, tenant or operator thereof is engaged in keeping one or more roomers or boarders who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner, tenant or operator or of the spouse of the owner, tenant or operator and in serving food to some or all of such lodgers, for a part of a day or longer period, under expressed contract or rate of payment.
g. 
COMMON INTEREST COMMUNITY — Shall mean a housing corporation or association, commonly known as a cooperative, which entitles the holder of a share or membership interest thereof to possess and occupy for dwelling purposes a house, apartment, manufactured or mobile home or other unit of housing owned or leased by the corporation or association, or to lease or purchase a unit of housing constructed or to be constructed by the corporation or association.
h. 
MULTIPLE DWELLING OR APARTMENT HOUSE — Shall mean any dwelling containing four or more dwelling units.
i. 
BASEMENT — Shall mean that portion of a building located partly underground but having half or more than half of its clear floor to ceiling height above the average grade of the adjoining ground.
j. 
CELLAR — Shall mean that portion of a building located partly or wholly underground and having more than half of its clear floor to ceiling height below the average grade of the adjoining ground.
k. 
HOUSING OFFICER — Shall mean the township health department employee designated by the township manager as the township housing officer and shall include any person designated by the manager to serve in a similar capacity.
l. 
OWNER — Shall mean any person who, alone or jointly or severally with others shall have legal title to any dwelling, dwelling unit, hotel, motel, rooming house, rooming unit or boarding house, with or without accompanying actual possession thereof; or shall have charge, care or control of any dwelling, dwelling unit, hotel, motel, rooming house, rooming unit or boarding house as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this section, and the rules and regulations adopted thereto, to the same extent as if he were the owner.
m. 
OPERATOR — Shall mean any person who has charge, care, or control of a building, or part thereof, in which dwelling units or rooming units are let.
n. 
OCCUPANT — Shall mean any person, over one year of age, living, sleeping, cooking or eating in, or having actual possession of a dwelling unit or rooming unit.
o. 
HOUSING INSPECTOR — Shall mean the township health department employee designated by the township manager to serve under the housing officer.
p. 
GARBAGE — Shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
q. 
INFESTATION — Shall mean the presence, within or around a dwelling, of any insects or pests.
r. 
SUPPLIED — Shall mean paid for, furnished, or provided by or under the control of the owner or operator.
s. 
HABITABLE SPACE — Shall be deemed to be all the space used by the inhabitants of a dwelling unit except: bathrooms, closets, hallways, pantries, porches, storage areas and any area more than 60 percent below ground as measured from basement floor to ceiling.
t. 
BATH ROOM — Shall mean a room which has a floor area including fixtures of at least 35 square feet and which contains a minimum of one flush water closet, one wash basin and one bath tub or shower stall.
u. 
PLUMBING — Shall mean and include all of the following supplied piping, facilities and equipment, the house sewer from the septic tank, cesspool, curb or property line to the building foundation; the water service from the curb or property line to the building foundation; or from the well to the building foundation, the system of soil, vent and waste pipes from their connection at the foundation to the house sewer, to their connections to the various plumbing fixtures and to their termination through the roof; all hot and cold water lines in the dwelling or building, every plumbing fixture, trap, floor drain, or any fixture directly or indirectly connected to the plumbing system; the gas piping from the gas meter to the connections to the various gas appliances and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.
v. 
Whenever the words "dwelling," "dwelling unit," "flat," "semi-detached house," "motel," "hotel," "rooming unit," "boarding house," or "premises" are used in this section, they shall be construed as though they were followed by the words "or any part thereof."
w. 
BEDROOM — Shall mean a room or enclosed floor space within a dwelling unit used or designed to be used for sleeping, equipped with a privacy door, at least one window allowing access to the outside, and having a ceiling height of at least seven feet over at least one-half of the floor area. Bedroom shall not include bathrooms, kitchens, dining rooms, living rooms, family rooms, water closet compartments, walk-in closets, laundries, pantries, foyers, hallways or storage spaces.
The housing officer/inspector is directed to make inspections to determine the condition of the dwellings, dwelling units, hotels, motels, rooming units, boarding houses and premises located in the township in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the housing officer/inspector is authorized to enter, examine, inspect and survey, at any time deemed necessary by him/her, all dwellings, dwelling units, hotels, motels, rooming units, boarding houses and premises. The owner or occupant of every dwelling, dwelling unit, hotel, motel, rooming unit, boarding house, or its premises, or the person in charge thereof shall give the housing officer/inspector or his/her agent free access at all times for the purpose of making such inspection, examination and survey. Every occupant of a dwelling, dwelling unit, hotel, motel or rooming unit shall give the owner thereof, or his/her agent or employee, access to any dwelling, dwelling unit, or rooming unit, or its premises, at all times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this section or other ordinances in force in the township or of State statutes pertaining to public health.
a. 
Except as otherwise provided, whenever the housing officer/inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this section or of any rule or regulation adopted pursuant thereto, notice of such alleged violation shall be given to the person responsible, as hereinafter provided. Such notice shall put in writing the various violations and section and paragraph violated, and allow a reasonable time to abate or correct such violations, not to exceed 60 days from the date of such notice. Such notice shall be served personally on the owner or occupant or shall be sent by certified mail to the owner's last known address, or the housing officer/inspector shall post a copy on the building where the violations occur; or the notice shall be served by any other method authorized by the laws of this State.
b. 
At the expiration of time given to abate a nuisance or correct a condition as set forth in notice of violation where a reasonable effort, in the discretion of the housing officer/inspector, has not been made by the owner or occupant to abate or correct the violations enumerated, the housing officer/inspector shall summon such person or persons before the municipal court of the township or other court having jurisdiction.
c. 
Whenever the housing officer/inspector finds that an emergency exists which requires immediate action to protect the public health, he/she may, without written notice or hearing, issue a verbal order reciting the existence of such an emergency and requiring that such action be taken as he/she deems necessary to meet the emergency. Any person to whom such an order is directed shall comply therewith immediately.
d. 
For the purpose of effectuating the service of any notices, orders, or summonses provided for under this chapter, every owner shall file with the housing officer the name, street, address and 24-hour a day telephone number of the owner's agent, located within the State of New Jersey, who shall be authorized to accept service of process, notices and/or orders on behalf of the owner. An owner may designate itself as agent for these purposes provided that the owner has a residential or business street address within the State of New Jersey. Such designation shall be in writing and signed both by the owner and its agent, in the presence of a notary public. Any such designation shall remain in full force and effect until such time as the owner files with the housing officer, a written replacement designation, in accordance with the requirements of this paragraph.
The exterior of all dwellings, whether owner-occupied or rental, shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public's health, safety and welfare. The exterior shall be aesthetically acceptable. The following specific standards shall apply:
a. 
Structural Members. All structural members shall be maintained free of deterioration and capable of safely supporting the dead and live loads.
b. 
Foundation Walls. All foundation walls shall be maintained and free from open cracks and breaks and shall be in such condition so as to be weatherproof and deny the entrance of rodents and vermin.
c. 
Exterior Surfaces. All exterior walls, floors, ceilings, doors and windows shall be free of holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface-coated where required to prevent deterioration. In repainting and/or repairing the finish of the outside building walls, the original design and material shall be matched as near as is reasonably possible, and when completed the outside building walls shall be aesthetically acceptable. This paragraph does not preclude any owner from repainting or refinishing the exterior walls with any aesthetically acceptable material or design.
d. 
Roof. The roof and flashing shall be sound, tight and weatherproof.
e. 
Decorative Features. All cornices, belt courses, corbels, trim, shutters and similar decorative features shall be maintained in good repair, properly surface-coated and securely anchored.
f. 
Chimneys and Smokestacks. All chimneys, smokestacks and similar appurtenances shall be maintained structurally safe, sound and in good repair. All chimneys and smokestacks will be cleaned at least every three years to remove accumulations of soot and debris.
g. 
Driveways and Sidewalks. All driveways and sidewalks shall be maintained free of holes and cracks which may endanger the safety of the occupants or public.
h. 
Outbuildings, Garages, Sheds. Various and sundry outbuildings, garages and sheds shall be maintained so as to be safe and aesthetically acceptable. Aluminum or metal sheds shall be anchored.
i. 
Fences. Every fence which wholly or partially encloses a premises on which a building is located must be maintained in a manner that is aesthetically acceptable and shall not have broken posts, broken supporting members nor have holes, voids or rotted sections.
j. 
Grounds. The front, side and back yard, or other parts of the outside premises on which any building is located or any lot on which no building is located shall not contain any rubbish. Nor shall the grass or weeds on such premises be allowed to attain a growth of more than ten inches. Shrubs or flowering woody plants shall not be allowed to grow beyond the boundaries of a premises on which a building is located. Dead or dying trees and broken or dangerous limbs shall be removed.
k. 
Stairs. All stairways having three or more risers shall have a handrail in accordance with the Uniform Construction Code. All risers shall be the same height.
l. 
Railings. Every porch, balcony, roof, and/or similar part of a building higher than 30 inches above the ground, used for egress or by occupants shall be provided with adequate railings or parapets. Such protective railings or parapets shall be properly balustraded and shall not be less than three feet in height.
The interior of any rental dwelling and equipment therein shall be maintained in a safe condition, structurally sound and sanitary so as not to pose a threat to the public's health, safety and welfare. The following specific standards shall apply:
a. 
Structural. The supporting structural members of every dwelling shall be maintained structurally sound, and capable of carrying the imposed loads.
b. 
Maintenance. Dwelling units, hotels, motels and rooming houses must keep all floors, walls, ceilings and other surfaces in good repair, that is, free from cracks, breaks, split or splintering boards on woodwork, loose plaster, flaking or peeling paint on other materials. Loose or defective sections shall be removed and replaced so that the sound material is flush and smooth. Floors, walls, ceilings and other exposed surfaces shall be kept clean, free from visible foreign matter and sanitary at all times. If necessary to accomplish the foregoing, these surfaces shall be kept well-painted, whitewashed, papered, covered or treated with sealing material or other coating as needed. The original design and material shall be matched as near as is reasonably possible and when completed shall be aesthetically acceptable.
c. 
Plumbing. All parts of the plumbing system shall be maintained leak free. All plumbing fixtures shall be free of cracks, holes or breaks.
d. 
Electrical. All electrical outlets and switches will function properly at all times. All ground fault interrupt outlets shall function as designed. All plates and covers shall be in place.
e. 
Glass. All glass will be free from breaks or cracks. All panes will be securely anchored and properly glazed within their frames. All second floor or higher operable windows will open and close easily. All cracks and voids around the window frames which may allow the entrance of weather or insects will be sealed. All ground level windows will be equipped with latches. All windows and patio doors must be provided with a working latch or device not to include a charlie bar.
f. 
Stairs. Every stairway having three or more risers shall be properly banistered and safely balustraded.
g. 
All owner-occupied dwellings are exempt from subsection 13-3.6b. Owner-occupied dwellings shall be maintained in good condition and broom clean.
h. 
All exit doors shall be readily opened from the side from which egress is to be made, without the use of a key, unless the key is permanently affixed in the lock, and without use of a combination lock, electronic code or similar special knowledge or effort.
a. 
It shall be the responsibility of the owner to ensure that the maximum number of occupants in a dwelling unit shall not exceed the lesser number permitted under the following two standards:
1. 
Two occupants for each bedroom within the dwelling unit. For purposes of this paragraph a1 only, the term occupant shall not include persons 18 years of age or younger; or
2. 
Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area.
b. 
Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof.
c. 
At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet. The floor area of that part of every room where the ceiling is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum occupancy thereof.
No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not meet the following requirements:
a. 
Every habitable room shall have at least one window facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be ten percent of the floor area of such room. Whenever the only window in a room is a skylight type window in the top half of such room, the total window area of such skylight shall equal at least 15 percent of the total floor area of such room. Skylight type windows existing on March 1, 1961, may if less than 15 percent of the total floor area, be increased to 15 percent, but no skylight type window shall be installed in lieu of a window where a skylight has not previously existed.
b. 
Every habitable room shall have at least one operable window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total of operable window area in every habitable room shall be equal to at least 50 percent of the total window area size or minimum skylight type window size as mentioned above except where there is supplied some other device affording adequate ventilation and approved by the housing officer.
c. 
All toilet rooms and bathrooms shall have at least one outside window or be provided with local vent pipes or air shafts so as to insure at least four air changes per hour. Local vents or air shafts shall not be connected with the plumbing system and must be so installed as to provide adequate ventilation. In lieu of a window or local vent, an approved mechanical means of ventilation may be installed. All bathrooms or toilet rooms in new or existing buildings shall be entirely enclosed with tight partitions; however, a water closet may be installed in a basement or cellar in other than a food store, using dwarf partitions for an enclosure, in which case further ventilation is not required.
a. 
All garbage kept on the outside of any building shall be kept in fly-tight, covered, metal or other approved type garbage containers.
b. 
The front, side and back yard, the driveway, walks, or other parts of the outside premises of any building or any lot on which no building is located shall not contain any boxes, barrels, sticks, stones, bottles, garbage, cans, metal drums, iron pipe, old sheet metal, old furniture, unused motor vehicles and boats, auto parts, old tires, unused bicycles or parts, filth, junk, rubbish, trash, debris, old lumber or firewood unless such lumber or firewood is neatly stacked or piled on supports at least eight inches above the ground. Various and sundry shacks and outbuildings, including tool houses, storage sheds and garages shall be aesthetically acceptable or shall be demolished.
The exterior of premises and structures shall be kept free of nuisances to the safety of occupants, pedestrians and other persons utilizing the premises. Any nuisance shall be promptly removed and abated by the owner and/or operator to keep the premises free of health hazards such as:
a. 
Refuse, broken glass, filth, garbage, trash, litter and debris.
b. 
Natural growth, brush, weeds, ragweed, stumps, roots and obnoxious growths; dead and dying trees and limbs or other natural growth which, through rotting or deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity. Trees shall be kept pruned to prevent such conditions.
c. 
Overhangings. Loose and overhanging objects and accumulations of ice and snow above ground level which constitute a danger of falling on persons in the vicinity.
d. 
Ground surface hazards or unsanitary conditions. Holes, excavations, breaks, projections, obstructions and excretion of pets and other animals on paths, walks, driveways, parking lots and parking areas, and other parts of the exterior premises which are accessible to and used by persons on the premises. All holes and excavations shall be filled and repaired, walks and steps repaired and other conditions removed where necessary to eliminate hazards or unsanitary conditions. It shall be the responsibility of owners and operators to take reasonable steps to discover and remove any such hazards or unsanitary conditions which may exist on their premises. All sidewalks and parking areas shall be kept free of ice and snow. Ice and snow shall be removed within one-half business day after occurrence and shall not be allowed to accumulate or to freeze in any area between parking areas and entrances or exits.
e. 
Sources of infestation.
a. 
Every dwelling used or occupied to house individual families living separately for the purpose of living, sleeping, cooking, eating, bathing and defecating must comply with the following supplied requirements: a kitchen sink, flush water closet, wash basin, bath tub or shower stall. Every kitchen sink, wash basin, bath tub or shower shall be properly connected with supplied water heating facilities which are capable of heating water to such a temperature as to permit an adequate amount of water drawn to each fixture at a temperature of not less than 120° Fahrenheit. Families or individuals living separately in the same dwelling or building cannot share the same bathroom nor can they share the use of a kitchen.
b. 
In every hotel, rooming house and boarding house where separate bathroom accommodations are not supplied for each room or suite, separate bathroom accommodations shall be provided for each sex as follows: One water closet, one wash basin and one bathtub or shower stall for every five persons, or fraction thereof, who room or board therein. The door openings to each bathroom shall be placed as to afford privacy and shall be plainly marked for male and female usage. Such bathrooms shall be accessible from a common hallway or passageway to persons using the facilities. Such hall or passageway shall be directly accessible from a roomer's or boarder's rooming unit and not through any other rooming unit.
c. 
Where rooming units are provided on more than one floor, separate bathrooms must be provided for each sex on each floor, except in a rooming house or boarding house operated and inhabited by the owner. Such an establishment which has rooming units on more than one floor may have one bathroom for both sexes, if the combined number of occupants, including both owners' family and roomers, male and female, adults and children does not exceed five. Where the combined number of occupants exceeds five, the bathroom facilities for the roomers shall comply with paragraph b above.
d. 
All water closets must flush easily, and completely discharge the waste matter in a single operation. All plumbing fixtures must function perfectly at all times. The finish of toilet seats must not be chipped or cracked and shall have a smooth finish. Water closets shall be set after the finished floor is laid. There shall not be any leaking faucets, leaking or clogged traps, clogged drains, broken handles on fixtures, nor anything that would cause any part of the plumbing system or fixtures to be unsanitary, inconvenient to use or in any way detrimental to the health of the individual. The plumbing fixtures and floors, walls and ceilings in bathrooms and kitchens must be kept in a sanitary condition at all times.
e. 
All plumbing installed in dwellings, hotels, motels, rooming houses or boarding houses shall comply with this section, the township plumbing code and the currently adopted plumbing subcode under the State Uniform Construction Code, except as provided in subsection 13-3.15c2.
f. 
Plumbing fixtures and other facilities and their uses in kitchens of hotels and boarding houses shall conform with the "restaurant" requirements of the plumbing code and sanitary code of the township.
g. 
Owners of buildings located beyond any public sewer system that are used for human habitation and which do not have installed therein a water closet, wash basin, and bathtub or shower, shall, before the above-mentioned plumbing facilities and the individual sewage disposal system connected therewith are installed, be in compliance with East Windsor Township Code section 18-4.
h. 
Garbage disposals that are connected to the township sanitary sewer are not permitted within any dwelling or dwelling unit in the township.
i. 
Sump pumps shall not be connected to the sanitary sewer system, nor shall the discharge of the sump pump be permitted to cause a flooding or nuisance condition upon adjacent properties or public rights of way.
j. 
In a single-family dwelling, if there is a well that is no longer the main supply of potable water, said well shall be sealed by a licensed NJDEPE well driller.
k. 
The minimum rate of flow for hot or cold water from a faucet or fixture shall not be less one gallon per minute. The minimum temperature of hot water shall not be less than 120 degrees Fahrenheit (9.4 c). The maximum temperature shall not exceed 160 degrees Fahrenheit (21.7 c).
a. 
When any part of any premises shall be rented to another for habitation, the premises so rented shall be served by a heating system which can provide heat sufficient to maintain a minimum temperature of 68 degrees Fahrenheit in all habitable rooms, measured at least one foot away from any surface at the coldest portion of the space subject to regular use by the occupants of any such room when the outside temperature is at designated winter conditions.
When the heating system is not controlled by the person renting the premises, the owner shall be responsible for providing that, from September 1 of each year to the next succeeding June 1, every habitable room therein shall be maintained at a temperature of at least 68 degrees Fahrenheit between the hours of 6 a.m. and 11 p.m. and at least 65 degrees Fahrenheit between the hours of 11 p.m. and 6 a.m.
Such levels of heat shall also be provided by the owner between June 1 and the next succeeding September 1 during any time period in which the temperature outside the rented premises within a 24 hour period is below 55 degrees Fahrenheit.
b. 
Every dwelling, hotel, motel, rooming house and boarding house which has a central heating system shall keep it in good repair and shall not have any leaks in the heater, furnace, boiler, smoke pipes, flues, pipe fittings, valves or other appurtenance of the heating system, and shall be kept in such condition so that all habitable rooms can safely and adequately be maintained at a temperature of 70° Fahrenheit under average winter conditions.
c. 
Every dwelling, hotel, motel, rooming house and boarding house shall have a tight masonry chimney lined with fire clay or a chimney of other approved noncombustible material properly constructed and supported so as to avoid overheating adjacent combustible elements.
d. 
Every dwelling, hotel, motel, rooming house and boarding house shall be prohibited from using a room heater, heating stove, space heater, or tank water heater designed for the use of kerosene, gasoline, oil, gas, wood, coke, charcoal or coal as a fuel unless it has a direct smoke pipe or flue connection to a properly constructed chimney capable of carrying all the products of combustion to the outer air.
Every electrical installation, addition or change thereto, or any part thereof must comply with the currently adopted electrical subcode under the State Uniform Construction Code, and a certificate supplied by an approved electrical inspection agency, except as provided in subsection 13-3.17b.
a. 
Definition. "Fire and smoke detector device" shall mean a fire alarm or device which consists of an assembly of electrical components including a smoke chamber and provision for connection to a power source and may either be a single station unit or a multiple station unit.
b. 
Where required. Smoke detector/smoke sensitive alarms shall be installed on each level of the premises in compliance with P.L. 1991, c. 92 and D.C.A. Reg. 5:18-4.19.
c. 
Features. Each smoke unit must have:
1. 
A minimum sound intensity of 85 dba at a ten foot distance;
2. 
An easily seen and activated test button or an approved alternative; and
3. 
A seal indicating approval by the Underwriters Laboratories, Inc. (U.L.) or other nationally recognized testing laboratory.
d. 
Maintenance. Each smoke detector unit shall be inspected annually by owner or occupant, or as frequently as otherwise required by manufacturer's printed recommendations. Inspection is also required when a change of occupancy occurs. To assure reliable performance of each unit:
1. 
Hardwired units shall be cleaned as often as necessary; and
2. 
Battery powered units shall be equipped with new batteries as often as necessary.
e. 
Substitution. With the approval of the fire subcode inspector, heat detectors may be substituted for smoke detectors.
f. 
Interference. It shall be unlawful for any person intentionally to interfere with the proper operation of a smoke detector in any manner except for replacement of same.
a. 
Every owner and operator of a multiple dwelling or apartment house containing four or more dwelling units shall be responsible for maintaining in a sanitary condition the shared or public areas of the dwelling and premises. Every common interest community association shall be responsible to correct any violation of this chapter which falls under their control or jurisdiction. It shall be the responsibility of the owner of any unit to inform their association of these violations.
b. 
Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which he occupies and controls.
c. 
Every occupant of a dwelling or dwelling unit shall dispose of all his garbage in a clean and sanitary manner by placing it in fly-tight, covered, metal or other approved type garbage containers.
d. 
It shall be the responsibility of the owner to provide such garbage containers for all dwelling units in a multiple dwelling containing more than four units. In all other cases it shall be the responsibility of the occupants to furnish such garbage containers.
e. 
Every occupant, owner or operator of a dwelling shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a rat-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling containing four or more dwelling units, extermination thereof shall be the responsibility of the owner. All exterminations taking place in East Windsor Township must be in compliance with New Jersey Department of Environmental Protection regulations.
f. 
Every owner of a rental unit shall keep all wall-to-wall carpeting in good repair, in sanitary condition and free from excessive stains.
g. 
Every owner or operator of a multiple dwelling or apartment house containing four or more units shall be responsible for insuring that the following or similar notice is posted in a conspicuous place in the owner's or agent's on-site office and adhered to:
TOWNSHIP REGULATIONS REQUIRE THAT ALL APARTMENT UNITS BE INSPECTED WHENEVER THERE IS A CHANGE OF OCCUPANT. (A COPY OF CERTIFICATE MUST BE PRESENTED TO THE NEW TENANT.)
h. 
(Reserved)
i. 
All appliances provided by the owner of a rental unit shall be maintained in good operating condition and function as designed. It shall be the owner's responsibility to provide services necessary to comply with this code.
j. 
The owner of a rental unit shall maintain all heating equipment in good working order and shall have such heating equipment inspected and serviced by a licensed heating/plumbing contractor a minimum of once every three years, except when such equipment falls under the requirements of N.J.S.A. 34:7-14. A receipt displaying the date of service, address of service and name of contractor shall be required to establish proof of service requirement. Any conditions cited as required or unsafe shall immediately be abated by the owner.
k. 
It shall be unlawful for any owner to shut off any utility supplied by the owner to the tenant due to nonpayment of rent.
l. 
No discarded refrigerator shall be stored on any street or any other open space in the Township of East Windsor, without first removing the doors from its hinges.
All hotels, motels, rooming houses, rooming units and boarding houses must comply with N.J.A.C. 5:10-19.1 et seq.
Whenever the owner of a building used for human habitation fails to comply with a notice of violation to repair, alter or improve, or at the option of the owner, to vacate and board up all openings in the dwelling, the housing officer/inspector is authorized to post a sign on the building declaring it "Unfit for Human Habitation" and it shall be unlawful to use the building for human habitation thereafter until the same is repaired, altered or improved in compliance with this section.
No owner of any multiple dwelling or apartment house shall rent, sell, or otherwise permit occupancy of any dwelling unit or any part thereof by any person not a member of his/her family, as defined in the East Windsor Revised General Ordinances subsection 20-3.0227, unless he/she shall first obtain a certificate of inspection from the housing officer. In the event of a lease, sale, or other occupancy as above described without the issuance of a certificate of inspection, both the owner and/or seller and the purchaser shall be deemed to have violated this section, and the housing officer/inspector shall summon such person or persons before the municipal court of the township without further notice.
a. 
Validity. No certificate of inspection shall be valid unless signed within 60 days prior to closing title on any residential premises or, in the case of rental housing within 45 days prior to the signing of a lease or actual occupancy of the premises by new tenants, whichever comes first.
b. 
Conditional Certificate of Inspection. The housing officer may issue certificates of inspection which require correction of existing violations, or inspection of improvements for which no previous certificate of occupancy had been obtained, as a condition of their issuance. Such conditional certificates may require full compliance within 60 days after issuance or may allow for reasonable extensions of time due to adverse weather conditions, unavailability of supplies or other unusual circumstances. A conditional certificate will not be issued wherein a violation consists of a safety hazard, or in the absence of basic utilities such as gas, water, heat or electric when supplied to the owner. The housing officer may require reports or inspections to insure progress in abating the violations is being maintained. If a certificate of inspection is issued upon such conditions as are described above, such conditional certificate shall state who is responsible for satisfying the conditions imposed. Such responsibility will be established by receipt of a notarized form assuming such responsibility. Such conditional certificate shall have clearly shown upon its face in large type a warning that it is issued only upon certain conditions and will remain valid only so long as such conditions are met. True copies of such certificates and a listing of existing violations shall be given by any landlord to any tenant leasing or beginning to occupy a rental dwelling covered by a conditional certificate.
1. 
Except for dwelling units purchased through foreclosure, a buyer of a dwelling unit will not be allowed to assume any violations or receive a conditional certificate of inspection if there exists any outstanding or open permit violations.
2. 
No certificate of inspection shall be issued for a dwelling if there is a safety hazard for which repair or replacement is the responsibility of a homeowner's association.
3. 
No conditional certificate of inspection shall be issued for the rental of a dwelling unit until a designated agent form is signed and notarized by both the owner and designated agent.
4. 
In the event an apartment complex is sold, it shall be the responsibility of the new owner to obtain new certificates of inspection for each unit before they can be rented. A fee of $50 shall be charged for the initial inspection and a fee of $25 shall be charged for each reinspection.
c. 
Certificate of Transfer. In the event of a sale of a nonhabitable dwelling, the owner must obtain a certificate of transfer from the housing officer/inspector. A dwelling sold under a certificate of transfer may under no circumstances be occupied until a certificate of inspection is obtained.
d. 
Refinancing. A certificate of inspection will not be required for refinancing a mortgage. However, when a certificate is required by a lending institution for the purpose of refinancing, the owner will schedule an inspection and pay the appropriate fee. The housing officer/inspector will perform a visual inspection of the dwelling for safety related hazards only. A housing code certificate issued after a satisfactory inspection will have written upon its face "FOR REFINANCING ONLY."
e. 
Inspections Other than Change of Occupancy.
1. 
When there is a sale of a dwelling unit subject to a tenancy, and the tenant remains in the dwelling unit after the transfer of title, a certificate of inspection will not be required unless a certificate of inspection had not been obtained prior to the occupancy of the current tenant.
2. 
In the event a certificate of inspection is not required by this section, but is required by a lending institution or by the rules or regulations of a homeowners association or similar entity having jurisdiction over a dwelling unit, all applicable fees and the abatement of all noted violations will be required.
f. 
Inspection of Improvements:
1. 
If any construction or improvements were completed in any dwelling or dwelling unit without approval of the township code enforcement agency, a required permit shall be issued and the required inspections performed, to obtain a certificate of inspection, except as provided in subsection 13-3.17b.
2. 
If a certificate of inspection, or the equivalent certificate, was issued subsequent to completion of the unapproved construction or improvements, the owner or seller shall provide proof of completion date satisfactory to the housing officer/inspector. If no proof can be produced, the housing officer/inspector may accept in its place an affidavit stating that the unapproved construction or improvements were completed prior to his/her purchase of the dwelling or dwelling unit. If proof is produced and accepted by the housing officer/inspector, a certificate of continued occupancy shall be required to obtain a certificate of inspection.
3. 
Where a certificate of continued occupancy is required to obtain a certificate of inspection, the fee prescribed in subsection 13-1.9a shall be waived for the initial inspection. However, if any reinspections are necessary in connection with obtaining a certificate of continued occupancy, the fee prescribed in subsection 13-1.9a will be charged.
4. 
If the certificate of inspection is to be issued for a premises where the housing officer has reason to suspect the integrity or working conditions of any part of the dwelling or equipment, an approval by a licensed or qualified professional shall be required.
5. 
Water tests. If a certificate of inspection is to be issued for a premises where drinking water is provided by a non-public water supply, the applicant shall provide a certificate report from a laboratory licensed by the New Jersey Department of Environmental Protection and Energy. Such report must certify that the sample was taken by the laboratory technician within the past 12 months and state the results for pH, iron, nitrates, manganese and bacteriological quality. To obtain a certificate of inspection, the water must meet any standards promulgated by the township health officer/inspector and these minimum standards for potability:
pH
6.5 to 8.5
Iron
0.3 ppm (Mg/L)
Nitrates
10.0 ppm (Mg/L)
Manganese
0.05 ppm (Mg/L)
Bacteriological
0 coliform
6. 
Fees. A fee of $100 shall be paid at the time of application for a certificate of inspection for a single-family residence or a multiple-dwelling unit or apartment unit. If any re-inspections are required prior to the issuance of a certificate of inspection, the fee shall be an additional $50 per inspection.
7. 
Cancellation. The Division of Housing shall be notified within 24 hours prior to the cancellation of any inspection. Failure to do so will result in forfeiture of the inspection fee.
a. 
Any person found violating any provision of this section shall be subject to a fine upon a first conviction of $100 for each separate offense; the fine for a second conviction shall be $250 for each separate offense; and the fine for a third and subsequent conviction shall be up to $1,000 for each separate offense. In addition, any person found violating any provision of this chapter shall be subject to imprisonment for a period not exceeding 90 days.
b. 
Any person who is found guilty of violating any provision of this section in connection with the ownership or operation of a multiple dwelling or apartment house shall be fined a minimum of $50 for each separate offense.
c. 
Each day of continuing violation of any provision of this section from the date of notice pursuant to subsection 13-3.4 shall constitute a separate and additional offense. This paragraph shall apply to the determination of penalties under 13-3.18b.
d. 
Repeated failure to comply with the conditions of a conditional certificate will result in denial of future conditional certificates.
As used in this section the following terms shall have the meanings herein indicated:
1. 
APARTMENT COMPLEX or COMPLEX — Shall mean any group of four or more dwelling units on the same tax map lot or on adjacent lots and offered for rent to the public under a single name or designation. In any instance in which an apartment complex is located on the same tax lot as other uses not related to the apartment complex, the term "apartment complex" shall mean the dwelling units rented; and all rental offices and employee dwelling units; and all common areas and accessory facilities, such as laundry areas, storage areas, etc., serving the tenants of the complex.
2. 
BASE RENT — Shall mean the previous year's rental as calculated pursuant to this section; base rent does not include any supplemental charges except the allowable base increase (ABI) as calculated pursuant to subsection 13-4B.2 hereof.
3. 
COST OF LIVING — Shall mean the arithmetic mean of the changes in the consumer price indices (all items) for the New York City and Philadelphia Metropolitan areas, respectively, as measured for the month of May immediately prior to the lease year and that of May of the preceding calendar year as established by the U.S. Department of Labor. The mean change shall be expressed in percentage terms as a percentage of the preceding year's mean consumer price index.
4. 
FUEL COST INCREASE — Shall mean the percentage increase between the fuel cost for all apartment complexes reporting for the period May 1—April 30 immediately prior to the lease year and the fuel cost for the same period one year earlier.
5. 
FUEL COST — Shall mean the actual cost of all fuel delivered to a complex during the twelve months preceding the first day of May preceding the lease year.
6. 
LEASE — Shall mean any written or oral agreement renting an apartment in the township to any person for a twelve-month period (including twelve successive month-to-month tenancies) when such person shall have previously occupied said apartment. Initial leases of vacant apartments shall not be deemed to be leases regulated by this section.
7. 
LEASE YEAR — Shall mean the twelve months next following October 1 of any year.
8. 
NET OPERATING INCOME (NOI) — Shall mean total income less operating expenses (i.e., maintenance, administration and fuel costs and real property taxes).
Any word or phrase not defined in this section shall be deemed to have the meaning ascribed to it: a) in any other portion of Chapter 13 of the Revised General Ordinances; or b) if not set forth therein, as set forth in Chapter 1 thereof.
1. 
Except as provided in paragraph .6 hereof, no apartment owner shall execute or cause to be executed any lease at a rental in excess of the base rent plus the allowable base increase (ABI).
2. 
The ABI shall be calculated as follows:
ABI
=
GOI% (B) + 0% (B)
GOI%
=
General operating percentage increase as calculated pursuant to paragraph 3 hereof.
B
=
Base rent
0%
=
Allowable fuel cost percentage increase pursuant to paragraph 4 hereof.
3. 
The general operating increase (GOI%) shall be calculated by dividing the cost of living by two and adding one percentum.
013--Image-1.tiff
4. 
Allowable fuel cost. The percentage increase for allowable fuel cost (ϕ%) shall be calculated by following the steps set forth in a through c hereof, successively.
a. 
The first calculation shall be to subtract a percentage equal to twice the general operating increase (GOI%) from the fuel cost increase. If the resulting percentage is greater than 0, that percentage figure shall be used to make the calculation described in subparagraph b hereof. If the result is not greater than 0, no ϕ% shall be allowed during the following lease year.
b. 
The total fuel cost for all apartment complexes shall then be multiplied by the percentage as computed pursuant to subparagraph a above.
c. 
The product of the multiplication described in subparagraph b above shall then be divided by the total base rent of all apartments in all complexes as estimated for the entire current lease year and the result shall be expressed as a percentage. That percentage figure is the ϕ%.
013--Image-2.tiff
d. 
In the event a complex converts to a different fuel system, the complex shall, during the second lease year following the conversion, use the ϕ% as calculated for all other complexes, but the data from the converting complex shall not be used in calculating such ϕ%. In the third and every subsequent lease year after the conversion, all data from the converting unit shall be used in the same manner as if there had been no conversion.
5. 
The GOI% and ϕ% shall be promulgated by the township manager pursuant to section 13.4 hereof.
6. 
a. 
The owner of any complex may at any time apply for an emergency increase in rents based on some unforeseen and extraordinary hardship which has befallen or is about to befall a complex. Such hardships must be:
i. 
Such that they could not have been avoided by reasonable and prudent managers; and
ii. 
Generative of a 15 percentum or greater reduction in net operating income for a period of more than one year; or capable of reducing net operating income by more than 50 percent for a period in excess of six months; and
iii. 
Proven to be uninsured; and
iv. 
Not included in increase provisions elsewhere in this section.
b. 
Within 15 days of presentation of a hardship increase application to the township council on forms provided by the manager, the mayor shall appoint three members of the council to hear and decide such an appeal within 30 days of appointment or within such extensions thereof as the applicant may approve.
c. 
The council committee shall take sworn testimony and may compel the production of documents from any party.
d. 
Within five days of filing a hardship application the applicant shall file with the township clerk an affidavit of service indicating that a notice of the application provided by the applicant on a form promulgated by the manager, has been posted on the door of every apartment with a second copy thereof placed within each apartment.
e. 
At least one hearing on the application shall be for the purpose of allowing all tenants of the complex to express their views on the application. In the event that occupants of more than 15 percent of the apartments in a complex designate a group of not more than three persons to represent them, the group shall be treated as a party to the application with full right to present evidence and cross examine witnesses. For purposes of this paragraph the occupants of each apartment may collectively designate only one group. All groups shall file with the township manager within ten days of the filing of the hardship application. The filing shall be on forms provided by the manager and shall have appended thereto a petition of designation signed by the occupants of the requisite number of apartments.
f. 
Upon completion of all hearings the committee may, based on the nature of the evidence presented, grant the increase requested in whole or in part upon such terms as in their view the public interest and the nature of the emergent hardship require, including an immediate increase. No increase application which the committee finds meets criteria set forth in subsection 13-4B6ai—iv hereof, inclusive, shall be rejected.
7. 
a. 
If during any lease year an apartment complex receives a credit toward real property taxes due and owing, or a cash repayment, either of which comes as a result of a successful real property tax appeal from any previous year, the owner of that complex shall pay to the current tenants of the complex an amount equal to 75 percent of the judgment as rendered as to that apartment complex in the appeal, less 75 percent of the costs of suit and legal and expert witness fees as submitted to the township manager in affidavit form.
b. 
The repayment shall be made in a lump sum to each tenant. The total amount to be paid shall be pro-rated based on total leasable square footage. The repayment to the tenants of each apartment shall be on the basis of the square footage that each apartment represents of the total leasable square footage of the complex.
c. 
Within 90 days of receipt of tax refund check or credit from the Township of East Windsor the owner shall file an affidavit with the township manager stating the amount and recipients of all repayments as are herein required.
1. 
a. 
On or before 1 August each year the owner of each apartment complex shall file with the township manager a schedule showing all proposed rent increases for leases to be made during the coming lease year and further showing the method used to compute same. Such schedule shall be on forms promulgated by the township manager and shall further set forth the actual comparable rental rates for the then current lease year.
b. 
Proposed leases, together with a form promulgated by the township manager showing how the lease rental has been calculated, shall be sent to each tenant by the owner not less than 60 days before the proposed renewal date, so the tenant shall be able to examine same for not less than 30 days prior to giving notice of renewal.
c. 
On or before 1 June each year the owner shall submit to the township manager in affidavit form all data as to usage and cost of fuel for the complex during the twelve months preceding the previous May 1. The affidavit shall be accompanied by such supporting documents as the township manager shall request. Each owner shall further submit an executed authorization directing the complex's fuel supplier to furnish such confirmatory data as the manager shall require.
In the event that any owner fails to submit the required information by 1 June, or within such extensions thereof as the manager shall grant for good cause shown within the parameters of the timetable herein set forth, the 0% shall be calculated without using any data from the complex failing to submit data and that complex shall not be allowed any percentage increase for fuel costs during the next lease year.
On or before 1 July of each year the township manager shall promulgate the GOI% and 0% to be used by all apartment owners in the township to compute increases in base rent for the coming year.
d. 
i. 
On or before 31 March and 30 September of each year every owner of an apartment complex shall file with the township manager an affidavit of compliance with subsection 13-4Clb hereof and setting forth the date when the required form was sent to each tenant and the date proposed for renewal of the lease as sent by the owner during the previous six months.
ii. 
In addition to the information required by subsection 13-4C1di hereof, the owner shall also submit on the same dates a list of all apartments which have become vacant and rented to new tenants during the previous six months. For each such apartment the owner shall set forth the current monthly rent and the serial number of the certificate of occupancy issued by the township immediately prior to the occupancy of that apartment by the new tenants.
2. 
a. 
No apartment complex shall diminish or cease to provide services currently provided within the current rental charge without reducing such rents proportionately.
b. 
No apartment complex shall charge late charges of any description or nomenclature, including such charges as "liquidated attorneys' fees", in excess of ten percentum of the monthly rental if the rent is paid during the month in which it is due. Such fee shall be not more than five percentum if the rent is paid within ten days following the last day on which it may be paid without penalty pursuant to the lease.
c. 
Any tenant whose lease of any apartment expires and who thereafter remains in that same apartment for any period of less than a year after such expiration may be charged a maximum monthly rental at the same rate as would be permitted were the tenant to have entered into a new full year's lease.
d. 
In accordance with N.J.S. 46:8-21.2, no apartment complex shall require a sum in excess of one and one-half times one month's rental according to the terms of the lease or agreement as security for the use or rental of any unit. An apartment complex shall not require any additional or supplemental sums as security, howsoever designated including but not limited to key deposits and pet deposits.
e. 
Any separate charge or fee presently in effect in any apartment complex for services or facilities, such as pet fees, swimming pool membership, parking spaces or any similar fees or charges, shall be subject to the same percentage increase as the base rent.
f. 
No new separate charges or fees shall be charged to any tenant by any apartment complex for services or facilities currently provided within the current rental.
g. 
No apartment complex which currently prohibits pets shall charge an initial separate pet fee to any tenant in excess of $10 per month, and thereafter the fee shall be subject to the same percentage increase as the base rent.
h. 
No apartment complex may charge to any tenant inspection fees incurred in connection with obtaining a township certificate of inspection for an apartment unit.
3. 
a. 
No owner who has not first complied with all the provisions of this section shall collect or seek to collect any rent increase.
b. 
No owner shall retaliate against or discriminate against any person by reason of that person's having exercised the rights provided under this section.
c. 
Any owner who collects a rent increase in violation of this section shall be subject to the following penalties:
1. 
To every tenant from whom such an increase is found to have been illegally collected the owner shall be ordered to return a sum equal to such illegally collected increase with interest, at the same rate payable for delinquent taxes, from the date such increase was collected to the date the increase is determined to have been illegal.
2. 
Offenses; penalty.
(a) 
For a first offense, or a simultaneous series of first offenses: $75 for each rental unit against which such an increase was illegally levied.
(b) 
For a second offense, or simultaneous series of second offenses: $150 for each rental unit against which such an increase was illegally levied.
(c) 
For a third or subsequent offense or simultaneous series of such offenses: $300 for each rental unit against which such an increase was illegally levied.
(d) 
For a violation of subsection 13-4C3b thereof, up to the maximum penalty of $1,000, or imprisonment for a period not exceeding 90 days, or both.
(e) 
For any other violation of this section: for a first offense — not in excess of $150; for a second offense — not in excess of $250.
4. 
The township manager is hereby designated as the officer to receive all complaints regarding violations of this section.
5. 
On or before 1 September of each year the township manager shall report to the township council on current economic conditions and shall recommend such changes in the rent increase formula as he deems consistent with the stated purposes of this section.
6. 
In the event that any apartment complex contains any violations of any township ordinance which, in the opinion of the township manager, constitutes a threat to life, health or safety, the manager shall forthwith serve notice on the owner that unless such violations are corrected within 30 days, or such reasonable extensions as the manager may grant for good cause shown, that as of the expiration of said period, if the condition has not been corrected, the owner shall cease collecting any increase above base rent from any apartment affected by the uncorrected condition. The notice to the owner shall state with specificity:
a) 
The location of the violation;
b) 
The nature of the violation, with reference to specific sections of the township ordinances;
c) 
Exactly which apartments are affected by the violation; and
d) 
Shall offer a hearing on the violation within ten days of service if the owner requests one in writing within five days of service. Service of the notice of violation shall be provided in the manner set forth in subsection 13-3.4a.
7. 
The township manager is hereby authorized to promulgate such reasonable regulations as he may deem necessary to effectuate the intent of this section.
1. 
The annual increase schedule required by subsection 13-4C1 shall be accompanied by a single annual fee of $1.50 per apartment to include all costs of administrative processing, review and investigation during the lease year.
2. 
Any applicant filing an application for an emergency hardship increase shall submit with the application the sum of $1,000 as a deposit against the legal, accounting and clerical services to be incurred by the township in hearing the application. Before any final decision of the committee is rendered, the township shall render to the applicant an accounting of actual costs incurred in hearing the application. In the event that the actual costs exceed the initial deposit, the applicant shall pay the balance before a decision is rendered. In the event that actual costs are less than the initial deposit the township shall process a voucher for repayment forthwith.
If the owner alleges a hardship so substantial that he cannot post the deposit, and if he provides affidavits establishing such inability to the satisfaction of the committee hearing the application, they may recommend to the township council that the application fee should, by resolution of the township council, be payable in a manner consistent with the applicant's situation, provided that such payment shall bear interest at the same rate as delinquent taxes and be a lien against the property to the same extent and in the same manner as a tax lien.
[Reserved by Ord. 1984-19.]
a. 
The township manager shall, as soon as practicable and annually thereafter, after public hearing, promulgate a statement summarizing whatever agreement concerning rental increases is currently in force and the provisions of section 13-4 of the Revised General Ordinances and regulations concerning the size of copies of the statement as distributed and posted pursuant to paragraph b hereof.
b. 
Every landlord shall at his own expense distribute one copy of the statement prepared to each of their tenants within 30 days after it has been made available by the township manager and shall thereafter provide a copy of the current statement to each new tenant at or prior to the time he assumes occupancy of the dwelling. In addition, every landlord shall keep a copy of the current statement posted in one or more locations so that the statement is prominent and accessible to all his tenants.
1. 
There is hereby established an owner-tenant committee in and for the Township of East Windsor to have the following duties.
a. 
To monitor on an ongoing basis the level of services and facilities provided to tenants and the state of owner-tenant relations; and
b. 
To receive and review any matter or any individual complaint which the township manager submits to them for their consideration; and
c. 
To report at least annually to the township manager on the state of matters within their area of concern and to recommend such changes in the township ordinances dealing with apartments as are in the public interest; and
d. 
To advise the township manager on any emergent matter in their area of concern when in their opinion immediate action is warranted.
2. 
The committee shall be composed of five members appointed by the township council; two members shall be tenants in apartment complexes within the township; two members shall be owners of apartment complexes within the township; one member shall reside in the township and be neither a tenant nor an apartment complex owner.
3. 
The members shall serve for a term of one year but may be reappointed. If any member ceases to be a tenant or apartment complex owner or non-tenant-non-apartment complex owner, respectively, in the township, the position of that member shall be deemed vacant and the township council may appoint a successor to serve for the balance of the previous member's term.
4. 
The members shall set such rules of procedure and select such presiding officers as they deem fit.
5. 
This ordinance shall take effect 20 days after final passage, adoption and publication, according to law, but not before July 1, 1984.
1. 
The township clerk is designated as the local officer for purposes of the "Senior Citizens and Disabled Protected Tenancy Act", N.J.S. 2A:18-61.22, et seq. The clerk shall be governed by the provisions of N.J.S. 2A:18-61.22, et seq. and rules and regulations adopted by the State Department of Community Affairs pursuant to N.J.S. 2A:18-61.38.
2. 
Any person aggrieved by a determination of the clerk regarding eligibility under N.J.S. 2A:18-61.22, et seq., shall be entitled to an administrative hearing before the clerk or before a hearing officer designated by the clerk.
3. 
A rent increase for a tenant with a protected tenancy status or for any tenant to whom notice of termination pursuant to N.J.S. 2A:18-61.2 has been given shall not exceed the increase permitted by this section for apartment complexes; the provisions of this section shall apply even if a unit, or the proprietary lease thereto, is sold to a person who purchases three or fewer units. Increase costs which are solely the result of a conversion, including but not limited to any increase in financing or carrying costs, and which do not add services or facilities not previously provided, shall not be used as a basis for a hardship increase.
4. 
If an apartment complex files a notice of intention to convert to condominiums or cooperatives and thereafter, failing to complete such conversion, returns the units to the market as rental units, no unit in the apartment complex shall be charged a rent in excess of the rent permitted under this section had the unit been occupied continuously by the same tenant.
5. 
Upon notifying the clerk or his intention to convert an apartment complex to condominiums or cooperatives, the owner of the apartment complex shall pay a fee of $10 per unit to the clerk. This fee shall be paid upon submission to the clerk of a tenant list, sufficient copies of the notice to tenants and application forms for protected tenancy status and stamped envelopes addressed to each tenant.
6. 
Any person requesting an administrative hearing shall pay a fee of $50 to the clerk. This fee shall accompany the application for an administrative hearing.
[1]
Editor's Note: Former section 13-5, Registration of Contractors, previously codified herein and containing portions of Ordinance No. 1990-15, was repealed in its entirety by Ordinance No. 2005-18.