[Ord. 1976-38; Ord. 1978-23; Ord. 1979-11; Ord. 1979-12; Ord. 1981-4; Ord. 1981-10; Ord. 1984-1; Ord. 1985-1; Ord. 1990-16; Ord. 1992-17; Ord. 1994-8; Ord. 1996-3; Ord. 2009-10]
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.
[Amended 9-22-2020 by Ord. No. 2020-10]
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.
Notwithstanding any other fee or assemblage of fees within this subsection,
the minimum building subcode permit fee shall be: $75.
[Amended 9-22-2020 by Ord. No. 2020-10]
(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.
(j)
Towers.
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Towers up to 20 feet: $50.
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Towers 21 feet to 30 feet: $75.
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Towers 31 feet and over: $200.
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2.
The mechanical subcode fees shall be charged as per UCC 5:23-4.18(c)
5. Notwithstanding any other fee or assemblage of fees within this
subsection, the minimum mechanical subcode permit fee shall be $75.
[Amended 9-22-2020 by Ord. No. 2020-10]
(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:
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Hot water boiler
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Steam boiler
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Hot air furnace
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Room heater
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Air conditioning system
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Solar heating system
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Air distribution system
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Hydronic piping system
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Bathroom exhaust system
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Kitchen exhaust system
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Clothes dryer exhaust system
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Each appliance connected to gas piping system
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Each appliance connected to fuel piping
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Fireplace (prefab) gas
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Fireplace (masonry)
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Gas grills
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Chimney or vent for any appliance
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Water heater (replacement only)
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(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.
(d)
Gas connection: $25.
(e)
Temporary liquid propane tank: $25.
(f)
Hydronic piping: $75.
(g)
Residential ductwork: $50.
(h)
Commercial ductwork: $200.
3.
Notwithstanding any other fee or assemblage of fees within this subsection,
the minimum plumbing subcode permit fee shall be: $75.
[Amended 9-22-2020 by Ord. No. 2020-10]
(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.
The electrical subcode fee shall be as follows:
(a)
Notwithstanding any other fee or assemblage of fees within this
subsection, the minimum electrical permit fee shall be $75.
[Amended 9-22-2020 by Ord. No. 2020-10]
(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:
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Size (horsepower)
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Fee
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0.5 to 10
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$15
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10.1 to 50
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$75
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50.1 to 100
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$150
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100.1 to 500
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$300
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Over 500
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$300 plus $100 for each additional 100 hp over 500 hp
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(c)
Electrical devices:
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Size (kilowatts)
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Fee
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|---|---|
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1.1 to 10
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$15
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10.1 to 50
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$75
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50.1 to 100
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$150
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100.1 to 500
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$300
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Over 500
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$300 plus $100 for each additional 100 kW over 500 kW
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(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:
(e)
Transformers or generators:
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Size (kilowatts)
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Fee
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|---|---|
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1.1 to 10
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$15
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10.1 to 45
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$75
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45.1 to 112.5
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$150
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112.6 to 500
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$300
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Over 500
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$300 plus $100 for each additional 100 KW over 500 KW
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(f)
Low voltage service equipment (under 400 volts):
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Size
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Fee
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|---|---|
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0 to 200 amp
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$60
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200.1 to 800 amp
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$120
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800.1 to 2000 amp
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$300
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Over 2000 amp
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$300 plus $100 for each additional 500 amp over 2000 amp
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(g)
High voltage service (over 400 volts):
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Size
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Fee
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|---|---|
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0 to 200 amp
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$120
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200.1 to 800 amp
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$250
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800.1 to 2000 amp
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$400
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Over 2000 amp
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$400 plus $150 for each additional 500 amp over 2000 amp
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(h)
Sub panels:
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Size
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Fee
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|---|---|
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0 to 200 amp
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$75
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200.1 to 800 amp
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$150
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800.1 amp and larger
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$300
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(i)
Construction pole service and one to ten receptacles: $75
(j)
Air conditioners: apply motor schedule.
Exceptions: Residential (R3, R5) replacement: $50.
(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):
5.
Notwithstanding any other fee or assemblage of fees within this subsection,
the minimum fire protection subcode permit fee shall be: $75.
[Amended 9-22-2020 by Ord. No. 2020-10]
(a)
The fee for sprinkler heads shall be:
(1)
Residential head minimum fee: $75.
(2)
Commercial head minimum fee: $100.
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One to nine devices: $60.
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10 to 20 devices: $75.
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21 to 100 devices: $150.
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101 to 200 devices: $250.
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201 to 400 devices: $600.
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401 to 1000 devices: $800.
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1001 to 1200 devices: $1,000.
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Over 1200 devices: an additional $100 per 500 devices.
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(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.
(k)
Fire Main, first 500 feet: $250.
(l)
Fire Mains, additional, per 100 feet: $100.
(m)
Supervisory devices, minimum: $100.
(n)
Signaling devices, minimum: $150.
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:
(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:
(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:
(8)
The fee for the three year or five year inspection of elevator
devices shall be as follows:
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:
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.
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.
[Ord. 1982-2]
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:
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.
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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.
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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.
[Ord. 1993-10; Ord. 1994-43; Ord. 1999-2; Ord. 2009-10; Ord. 2010-02]
[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:
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:
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:
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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.)
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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, 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:
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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.
[Ord. 1981-20]
[Ord. 1981-20; Ord. 1984-19]
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).
[Ord. 1981-20; Ord. 1982-25; Ord. 1984-19; Ord. 1984-27]
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.
 |
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%.
 |
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.
[Ord. 1981-20; Ord. 1981-28; Ord. 1982-23; Ord. 1984-19; Ord. 1984-27; Ord. 1985-43]
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:
7.
The township manager is hereby authorized to promulgate such
reasonable regulations as he may deem necessary to effectuate the
intent of this section.
[Ord. 1981-20; Ord. 1984-19; Ord. 1984-27]
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.]
[Ord. 1979-36; Ord. 1981-20; 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.
[Ord. 1981-23; Ord. 1984-19; Ord. 1984-27]
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.
[Ord. 1984-27]
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.
[Ord. 1990-15; repealed
by Ord. 2005-18]
[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.
