[Ord. No. 2013-17; Ord. No. 2015-46]
The Housing Official of Princeton and such assistants as the
Housing Official shall designate in writing are hereby designated
as the officer to exercise the powers prescribed by this ordinance
and revised statutes, sections 40:48-2.3 through 40:48-2.12, and are
hereinafter called the "public officer."
[Ord. No. 2013-17; Ord. No. 2015-46]
The public officer is authorized to make and adopt such written
rules and regulations as the officer may deem necessary for the proper
enforcement of the provisions of this article; provided, that such
rules and regulations shall not be in conflict with the provisions
of this article. The public officer shall file a certified copy of
all rules and regulations which may be adopted in the office of the
municipal clerk and in the office of the public officer.
[Ord. No. 2013-17; Ord. No. 2015-46]
Pursuant to the provisions of N.J.S.A. 40:49-5.1 et seq., the
"New Jersey State Housing Code (1980 revisions)", as approved by the
Department of Community Affairs and filed in the Secretary of State's
Office, is hereby accepted, and adopted in conjunction with supplemental
municipal provisions as a standard to be used in determining whether
dwelling units in Princeton are safe, sanitary, and fit for human
habitation and rental.
[Ord. No. 2013-17; Ord. No. 2015-46; amended 3-13-2023 by Ord. No. 2023-10]
(a) Scope. The provisions of the Housing Code shall constitute the standards
to guide the public officer, and such agents as the officer may designate
in determining the fitness of a building for human habitation, use,
or occupancy.
(b) Definitions. The words, terms, or phrases listed below for the purpose
of the Housing Code shall be defined and interpreted as follows:
(1)
ADMINISTRATIVE AUTHORITY - The department, branch, or agency
of this municipality which is authorized by the adopting ordinance
to administer the provisions of the Housing Code.
(2)
BUILDING - Any building or structure, or part thereof, used
for human habitation, use, or occupancy and includes any accessory
buildings and appurtenance belonging to or usually enjoyed therewith.
(3)
DWELLING - A building or structure, or part thereof containing
one or two dwelling units.
(4)
DWELLING UNIT - Any room or group of rooms or any part thereof
located within a building and forming a single habitable unit with
facilities which are used, or designed to be used for living, sleeping,
cooking, and eating.
(5)
GARBAGE - The animal and vegetable and other organic waste resulting
from the handling, preparation, cooking and consumption of food.
(6)
HABITABLE ROOM - A room or enclosed floor space within a dwelling
unit used or designed to be used for living, sleeping, cooking or
eating purposes, excluding bathrooms, water closet compartments, laundries,
pantries, foyers or communicating corridors, closets, and storage
spaces.
(7)
INFESTATION - The presence, within or around a building, of
any insects, rodents, or other pests.
(8)
LOCAL HEALTH AGENCY - Any county, regional, municipal or other
governmental agency organized for the purpose of providing health
services, administered by a full-time health officer and conducting
a public health program pursuant to law.
(11)
OCCUPANT - Any person or persons in actual possession of, and
living in the building or dwelling unit, including the owner.
(12)
OVERCROWDING - Occupancy of a dwelling or dwelling unit by more
persons than allowed or permitted by the maximum occupancy requirements
for habitable space in accordance with subsection (c) of the Housing
Code.
(13)
OWNER OR DESIGNATED AGENT - The owner of property, or any person
properly authorized to exercise powers of, or for an owner of property
for purposes of its purchase, sale, use, occupancy, or maintenance.
For the purposes of this Article, a tenant shall not be considered
a "designated agent", unless such tenant has accepted the designation
in writing. The use of the term "owner" shall be deemed to include
"designated agent".
(14)
PARTY WALL - The walls separating a dwelling unit from another
dwelling unit or from a common area.
(15)
PERSON - Shall be given the same meaning as defined in R.S.
1:1-2 of the Revised Statutes of New Jersey.
(16)
PLUMBING FIXTURES - All installed receptacles or devices which
are supplied with water or which receive or discharge liquid waste
or sewage into the drainage system with which they are directly or
indirectly connected.
(17)
PRINCIPAL RESIDENCE - The address: (1) where at least one of
the property owners spends the majority of their non-working time,
(2) which is most clearly the center of their domestic life, and (3)
which is identified on their driver's license, voter registration
card or state identification card as their legal address. All the
above requirements must be met in order for an address to be considered
a principal residence for purposes of this Article.
(18)
PUBLIC OFFICER - The Housing Official of Princeton, as authorized
by Section 16-1 of the General Ordinances of Princeton.
(19)
RUBBISH - All combustible and noncombustible waste material,
except garbage.
(20)
UTILITIES - Electric, gas, heating, water and sewerage services,
and equipment therefor.
(c) Use and Occupancy of Space.
(1)
Habitable Space - 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.
(2)
Sleeping Rooms - 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.
(3)
Ceilings - At least 1/2 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 any 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 permissible occupancy thereof.
(4)
Rooms Below Grade - A room located in whole or in part below
the level of the ground may be used for sleeping provided that the
walls and floor thereof in contact with the earth have been damp-proofed
in accordance with a method approved by the administrative authority;
and provided that all requirements otherwise applicable to habitable
rooms generally are satisfied.
(5)
Prohibited Areas - No room or area shall be utilized as habitable
space or as a sleeping room unless a certificate of occupancy has
been issued by the construction official pursuant to the New Jersey
Uniform Construction Code (N.J.A.C. 5:23-1.1 et seq.) covering the
area. If the room or area was constructed prior to the effective date
of the New Jersey Uniform Construction Code, the requirements of the
Princeton Building Official must have been met regarding this room
or area. The public officer may issue a summons and complaint to be
filed without first issuing a notice of violation for this section.
(6)
Overcrowding - The following factors may be considered by the
public officer as rebuttable presumption of overcrowding, as that
term is defined by this chapter and shall support the issuance of
a summons and complaint by the public officer, without first issuing
a notice of violation:
a.
The occupying of areas of a rental dwelling unit prohibited
pursuant to Section 16-3A(c)(5) of this chapter, such as basements
and attics;
b.
The location of mattresses or bedding materials in areas of
a dwelling unit prohibited for occupation pursuant to Section 16-3A(c)(5);
and
c.
The existence of cooking appliances, and/or refrigeration units,
(excluding freezer appliances) in various areas of a dwelling unit
in addition to those located in the kitchen.
(d) Plumbing Facilities.
(1)
Requirements - Every dwelling unit shall contain a kitchen sink
of nonabsorbent impervious material, at least one flush type water
closet, a wash basin in the toilet room or within close proximity
thereto, and a bathtub or shower, available only for the use of the
occupants of that dwelling unit.
(3)
Accessibility - Every water closet, wash basin, and bathtub
or shower for each dwelling unit shall be accessible from within the
dwelling unit without passing through any part of any other dwelling
unit. Such water closet, bathtub or shower shall be contained in a
room or rooms which are separated from all other rooms by walls, doors,
or partitions that afford privacy. All floors, walls, and ceilings
within rooms containing water closets, bathtubs or showers shall be
of or protected by durable materials capable of being exposed regularly
to moisture without damage or deterioration.
(4)
Water/Sewer - Every plumbing fixture shall be connected to water
and sewer systems approved by the New Jersey Department of Environmental
Protection and Energy and/or the local health agency, and shall be
maintained in good working condition. The public officer may issue
a summons and complaint to be filed without first issuing a notice
of violation for violation of this section.
(5)
Hot/Cold Water Lines - Every kitchen sink, wash basin, and bathtub
or shower required by the Housing Code shall be connected with both
hot and cold water lines.
(6)
Water Heating Facilities - Every dwelling shall have water heating
facilities which are installed and maintained in good and safe working
condition, connected with the hot water lines required under the provisions
of Section 16-3A(d)(5) of the Housing Code, and capable of delivering
water at a minimum temperature of not less than 120° F. and at
a maximum temperature of not more than 160° F. at all times in
accordance with anticipated need. The public officer may cause a summons
and complaint to be filed without first issuing a notice of violation
for a violation of this section.
(7)
Water Flow Rate - The minimum rate of flow of hot or cold water
issuing from a faucet or fixture shall not be less than two gallons
per minute.
(8)
Water Source - Every dwelling unit shall be connected to a source
of and system for delivery of potable water sufficient to meet the
requirements for hot and cold water at all connected fixtures simultaneously
within the individual dwelling unit. The public officer may cause
a summons and complaint to be filed without first issuing a notice
of violation for violation of this section.
(e) Electrical Facilities.
(1)
Receptacles - Every habitable room shall be provided with at
least two separate and remote duplex receptacles installed in accordance
with the Building Code in effect at the time of construction or installation.
All bathrooms, and kitchens or kitchenettes with receptacles within
six feet of a sink, shall have receptacles of the Ground Fault Interrupted-type.
Any new, or additional, duplex receptacles shall be installed in accordance
with the New Jersey Uniform Construction Code.
(2)
Electrical Service - Every dwelling unit shall be provided with
electrical service, circuiting, and receptacles which are adequate
for the electrical load being served. If the electrical load being
served is excessive or the electrical service inadequate to supply
all appliances contained in the dwelling unit, the service shall be
upgraded in accordance with the New Jersey Uniform Construction Code.
(3)
Overcurrent Devices - Every electric circuit shall be provided
with approved overcurrent devices installed in accordance with the
Building Code in effect at the time of construction or installation.
(f) Lighting.
(1)
Natural Light - Every habitable room shall have at least one
window or skylight facing directly to the outdoors. The minimum total
window or skylight area measured between stops, for every habitable
room shall be 8% of the floor area of such room. Whenever walls or
other portions of structures face a window of any habitable room and
are located less than three feet from the window and extend to a level
above that of the ceiling of the room, such a window shall not be
included in calculating the required minimum total window area.
(2)
Artificial Light - Every habitable room shall have at least
one source of artificial light, capable of being controlled by a wall
switch or other means of controlling the electric power to the fixture.
(3)
Nonhabitable Areas - Every portion of each staircase, hall,
cellar, basement, landing, furnace room, utility room, and all other
similar nonhabitable space located in a dwelling unit shall have artificial
light available at all times to adequately light the area. Every light
fixture shall be provided with a wall switch or other means of controlling
the electric power to the fixture which is convenient and readily
accessible for use.
(4)
Interior Common Areas - Every portion of any interior or exterior
passageway or staircase common to two families in a dwelling shall
be adequately illuminated naturally or artificially at all times.
In buildings comprising two dwelling units such illumination shall
not be required at all times if separate switches, convenient and
readily accessible to each dwelling unit, are provided for the control
of such artificial light by the occupants thereof.
(5)
Bathrooms - Every bathroom and water closet compartment shall
have artificial light available at all times, which is adequate to
light the area. Artificial lighting shall be controlled by a wall
switch so located as to avoid danger of electrical hazards. Any new
or additional receptacles or switches shall be of the Ground Fault
Circuit Interrupter-type, installed in accordance with the requirements
of the New Jersey Uniform Construction Code.
(6)
Exterior Common Areas - Every portion of any exterior passageway
or staircase common to two families shall be provided with artificial
illumination to adequately light the area.
(g) Ventilation.
(1)
Habitable Rooms - Means of ventilation shall be provided for
every habitable room. Such ventilation may be provided either by an
easily operable window or skylight having an openable area of at least
50% of the minimum window area or minimum skylight area for the room
as required in Section 16-3A(f)(1) of the Housing Code.
(2)
Bathrooms - Means of ventilation shall be provided for every
bathroom or water closet. Such ventilation may be provided either
by an easily operable window or skylight having an openable area of
at least 50% of the minimum window area or minimum skylight area for
the room as required in Section 16-3A(f)(1) of the Housing Code, or
by mechanical ventilation directly to the exterior by an exhaust system
capable of exhausting at least 50 cubic feet of air per minute. A
means of providing an adequate amount of make-up air shall be provided.
New or replacement mechanical ventilation systems shall be constructed
in accordance with the New Jersey Uniform Construction Code.
(3)
Kitchens - Kitchens or kitchenettes wherein the required natural
ventilation is not provided, shall be provided with mechanical ventilation
capable of exhausting at least two cubic feet of air per minute per
square foot of floor area of the kitchen or room in which cooking
facilities are provided. All new or replacement means of mechanical
ventilation in kitchens or cooking areas shall be constructed and
installed in accordance with the New Jersey Uniform Construction Code.
(4)
Clothes Dryer Exhaust - Clothes dryer exhausts shall be independent
of all other ventilation systems and shall be vented in accordance
with the manufacturer's recommendations and the Building/Mechanical
Code in effect at the time of installation.
(h) Heating Equipment.
(1)
Requirements - Every dwelling unit shall have permanent heating
facilities which are properly installed, maintained in good and safe
working condition, and are capable of safely and adequately heating
all habitable rooms, bathrooms, and water closet compartments located
therein. From October 1 of each year to the next succeeding May 1,
every unit of dwelling space and every habitable room therein shall
be capable of being maintained at a temperature of at least 68°
F. between the hours of 6:00 a.m. and 11:00 p.m., and at least 65°
F. between the hours of 11:00 p.m. and 6:00 a.m., during times that
the outside temperature is above 0° F. The temperature shall be
read at a height of three feet above floor level at the center of
the room. The Public officer may cause a summons and complaint to
be filed without first issuing a notice of violation for a violation
of this section.
(2)
Space Heaters - Every space heater, except electrical, shall
be properly installed and vented to a chimney or duct in accordance
with the manufacturer's recommendations and the Building Code in effect
at the time of the installation. Every space heater, except electrical,
and vent or chimney connected thereto, shall be maintained in accordance
with the requirements of the New Jersey Uniform Fire Code. Unvented
portable space heaters burning solid, liquid, or gaseous fuels, shall
be prohibited.
(3)
Insulation - The heating system, including such parts as heating
risers, ducts and hot water lines and including all hot water heaters,
shall be covered with an insulating material to guard or protect occupants
and other persons on the premises from receiving burns due to contact.
(i) Egress.
(1)
Requirements - Every dwelling and every dwelling unit shall
have safe and unobstructed means of egress. Such means of egress shall
not be through any other dwelling unit or part thereof and shall lead
to a safe and open space at ground level accessible to a street.
(2)
Sleeping Rooms - A room used for sleeping purposes under the
provisions of Section 16-3A(c)(4) of the Housing Code shall be provided
with a safe and unobstructed means of egress leading directly to an
outside area accessible to a street.
(3)
Porches and Balconies - Every porch, balcony, roof, and/or similar
place higher than 30 inches above the ground used for egress or other
purposes by the occupants shall be provided with adequate railings
or parapets installed in accordance with the requirements of the Building
Code in effect at the time of construction. All new railings or parapets
shall be constructed in accordance with the New Jersey Uniform Construction
Code.
(j) Windows and Doors.
(1)
Requirements - All doors, and windows required for ventilation
in accordance with Section 16-3A(g)(1) or (g)(2) of the Housing Code,
shall be readily openable from the inside of the building or dwelling
unit. All doors and windows shall be properly installed so as to be
weathertight. All skylights shall be properly installed so as to be
weathertight, and where required by Section 16-3A(g)(1) or (g)(2)
for natural ventilation, shall be readily openable from the inside.
All windows and skylights required to be openable shall be capable
of being held open without the use of bars, stops, wedges or other
devices.
(2)
Screens - From May 1 to October 1, all windows required to be
openable shall be provided with tightly fitting screens of not less
than 16 mesh per inch. Screens shall not be permanently affixed, and
shall be provided year round for the use and removal by the occupants.
Screens shall be stored in the building or dwelling unit when not
attached or in place.
(3)
Door Locks (Dwelling Units) - All dwelling unit entrance doors
shall be equipped with a single cylinder medium duty dead latching
lockset meeting the requirements of American National Standards Institute
(ANSI) Standard A156.2, Grade 2, Type F20 (mortise), or an approved
equivalent. Outside cylinders of main entrance door locks shall be
operated by the tenant's key, which may also open the tenant's dwelling
unit provided it does not open any other apartment door.
(4)
Door Locks (Common Areas) - In all buildings containing two
dwelling units, in which access to any dwelling unit is through interior
spaces such as hallways, vestibules, stairways, or lobbies, the entrance
doors shall be self-closing and shall be equipped with heavy duty
dead latching locksets meeting the requirements of American National
Standards Institute (ANSI) Standard A156.2, Grade 1 Security, Type
F86, (cylindrical) or standard A156.2, Grade 2, Type F20 (mortise),
or an approved equivalent. Outside cylinders of main entrance door
locks shall be operated by the tenant's key, which may also open the
tenant's dwelling unit provided it does not open any other apartment
door.
(5)
Door Locks (Bathroom and Water Closets) - In all buildings,
bathrooms and water closet doors shall be lockable from inside the
bathroom or water closet for privacy purposes.
(6)
Door Locks (Prohibited) - In all buildings, all egress doors
shall be easily openable from the side from which egress is to be
made without the use of a key or special knowledge. The use of double
cylinder dead bolt locks is prohibited. Bedroom doors shall not be
equipped with a locking device that may be locked when the bedroom
is not occupied. The public officer may cause a summons and complaint
to be filed without first issuing a notice of violation of this section.
(7)
Basement/Storage Area Door Locks - All entrance doors to common
cellar or storage areas shall be lockable.
(8)
Window Locks - All openable windows, sliding doors, basement
windows and windows opening onto exterior stairways, fire escapes,
porches, balconies or other area affording easy access to the premises
shall be equipped with a locking device of some kind.
(k) Garbage Receptacles and Exterior Storage.
(1)
Receptacles - Garbage, rubbish, or other organic waste shall
be stored in watertight receptacles of metal or other approved material.
Such receptacles shall be provided with tight-fitting covers.
(2)
Location - Receptacles for garbage, rubbish, or other organic
waste, along with any exterior materials storage shall be located
and protected in accordance with the requirements of Section 14-13(c)
of the Code of Princeton.
(3)
Recycling Containers - Receptacles required for recyclable materials
shall be provided on site and shall be located and protected in accordance
with the requirements of Section 14-13(c) of the Code of Princeton.
(l) Maintenance.
(1)
Exterior (General) - All exterior property and premises shall
be maintained clean, safe, sanitary, and free from any accumulation
of rubbish and garbage. All sidewalks, walkways, driveways, parking
spaces, and similar areas shall be kept in a proper state of repair
and maintained free of hazardous conditions.
(2)
Accessory Buildings - All accessory structures, including detached
garages, fences and walls, shall be maintained structurally sound
and in good repair.
(3)
Street Numbers - Each building to which a street number has
been assigned by the Municipal Engineer shall have such number displayed
in a position easily observed and readable from the public right-of-way.
All numbers shall be at least three inches high and have a 1/2 inch
stroke.
(4)
Structure (General) - All structural members shall be maintained
free of deterioration, and capable of safely bearing the imposed dead
and live loads. All repairs necessitated by compliance with this section
shall be performed in accordance with the requirements of the New
Jersey Uniform Construction Code. All foundation walls shall be maintained
plumb and free from open cracks and breaks and shall be kept in such
condition so as to prevent entry of vermin, water, snow, and ice.
(5)
Exterior (Structure) - All exterior surfaces shall be free of
holes, breaks, loose or rotting materials; and maintained waterproof
and properly surface coated where required to prevent deterioration.
The roof and flashing shall be sound, tight, and not have defects
which admit rain. Roof drainage shall be adequate to prevent dampness
or deterioration in the walls or interior portions of the building.
Roof water shall not be discharged in a manner which creates a hazard
or public nuisance.
(6)
Handrails - Every handrail and guardrail shall be firmly fastened
and capable of bearing normally imposed loads, and shall be maintained
in good condition. New handrails and guardrails shall be constructed
and installed in accordance with the New Jersey Uniform Construction
Code.
(7)
Windows/Doors - Every window, door, and frame, shall be kept
in sound condition, good repair, and weathertight. All glazing material
shall be maintained free and of cracks and holes. All screens shall
be properly maintained and free from holes and tears. All exterior
doors and hardware shall be maintained in good condition. Locks at
all entrances to dwelling units shall tightly secure the door. Every
basement hatchway shall be properly maintained so as not to be a hazard
or public nuisance, and to prevent the entry of rain and surface drainage
water.
(8)
Interior (General) - All interior walls, floors, ceilings, cabinets,
counter tops and other surfaces shall be kept in good repair, free
from cracks, holes, breaks, split or splintering boards or woodwork,
loose plaster, and flaking or peeling paint. Interior walls, floors
and ceiling surfaces shall be spackled, painted, papered, tiled, finished
or otherwise provided with protective coating appropriate for the
surface material when necessary. The required fire-resistance rating
of fire-resistance-rated construction shall be properly maintained.
Such elements shall be properly repaired, restored, or replaced when
damaged, altered, breached or penetrated.
(9)
Ventilation Systems - All mechanical ventilation systems and
clothes dryer exhausts installed or required by this Code shall be
installed in accordance with the New Jersey Uniform Construction Code,
and shall be kept free of accumulations of dust and waste materials,
and be maintained in an operable condition at all times.
(10)
Heat/Hot Water - All heating units, furnaces, hot water heaters,
vents, chimneys, connector pipes, and all portions and parts thereof,
shall be maintained in accordance with the requirements of the New
Jersey Uniform Fire Code.
(11)
Appliances - All appliances including, but not limited to, stoves,
ovens, refrigerators, washers, dryers, freezers and light fixtures
shall be maintained in proper working order at all times, and promptly
repaired or replaced when necessary.
(12)
Carpeting - All carpeting, where provided or installed, shall
be kept in good repair, properly attached to the floor surface which
it is covering, and shall be cleaned at regular intervals to prevent
accumulations of dust and dirt. Carpeting which is worn or becomes
a trip hazard shall be properly repaired or replaced.
(13)
Doorbells - Doorbells, where provided or required by any law
or ordinance, shall be maintained in proper working order at all times
and be available for the occupants' use.
(14)
Plumbing - All plumbing fixtures and piping shall be kept free
of leaks and breaks, and shall be maintained in operative condition
at all times.
(15)
Every chimney shall be inspected by a licensed/certified chimney
contractor every two years to ensure adequate draft, structural integrity
and freedom from combustible deposits and obstructions in accordance
with NFPA 211, 2003 Edition, and a certification documenting compliance
with this requirement shall be provided to the housing inspector at
the time of the structure's scheduled inspection.
(16)
Every fireplace and fireplace chimney shall be inspected by
a licensed/certified chimney contractor every two years to ensure
adequate draft, structural integrity and freedom from combustible
deposits and obstructions in accordance with NFPA 211, 2003 Edition,
and a certification documenting compliance with this requirement shall
be provided to the housing inspector at the time of the structure's
scheduled inspection.
(17)
Every boiler/furnace shall be cleaned, serviced, and inspected
by a licensed/certified HVAC contractor or plumber every two years
to ensure adequate draft, structural integrity, freedom of combustible
deposits, obstructions and all safety and control devices are properly
working, and a certification documenting compliance with this requirement
shall be provided to the housing inspector at the time of the structure's
scheduled inspection.
(18)
Open electrical junction boxes and open-wiring splices shall
be prohibited. Approved covers shall be provided for all switch, outlet
and electrical junction boxes.
(19)
All electrical wiring, devices, appliances and other equipment
shall be installed and maintained in accordance with the manufacturer's
recommendations and provisions of the electrical subcode of the Uniform
Construction Code and this chapter.
(20)
Portable fire extinguishers shall be the proper type (dry chemical),
sized (minimum 2A-10B:C) not weighing more than 10 lbs. and installed
within 10 feet of the kitchen; the extinguisher must be visible and
in a readily accessible location, free from being blocked by furniture,
storage, or other items. Fire extinguishers shall be mounted using
an approved mounting bracket. The top of the fire extinguisher shall
not be more than five feet above the floor, and the bottom of the
installed fire extinguisher shall not be less than four inches from
the floor.
(21)
Single- and multiple-station smoke detectors shall be maintained,
periodically inspected and tested in accordance with NFPA 72, 2002
Edition. Single- and multiple-station smoke alarms installed in one-
and two-family dwellings shall not remain in service longer than 10
years from the date of manufacture and replaced when necessary.
(22)
Single- and multiple-station smoke detectors shall be installed
and maintained in accordance with NFPA 72, 2002 Edition. Single- and
multiple-station smoke alarms shall be on each level and outside each
separate sleeping area.
(23)
All low voltage and/or monitored fire alarm systems installed
in one and two family dwellings shall be in accordance with NFPA 72,
2002 Edition, and shall be tested annually by a New Jersey State-certified
fire protection equipment contractor. A certification documenting
compliance with this requirement shall be provided to the housing
inspector at the time of the structure's scheduled inspection.
(24)
Carbon monoxide detectors shall be installed and maintained
in accordance with NFPA 720, 2005 Edition, and the manufacturer's
instructions.
(25)
Party walls shall be kept free of unsealed or improperly sealed
penetrations and shall be inspected every two years from foundation
to roof deck by a licensed home inspector or other licensed professional
qualified to inspect party walls and/or fire walls to ensure that
any penetrations into said walls have been sealed in accordance with
applicable code requirements. A certification demonstrating compliance
with this section shall be provided at the time of the Housing Official's
scheduled inspection of the premises. The certification shall state
that a visual review of all party walls was conducted, from foundation
to roof deck, and no penetrations were found that were not properly
sealed in accordance with applicable code requirements or, if any
unsealed or improperly sealed penetrations were discovered, same were
repaired and reinspected on (a certain) date or will be repaired and
reinspected within such period as shall be determined by the housing
inspector.
(26)
The clearance between stored materials and heat producing appliances
shall not be less than three feet in all directions or in accordance
with the clearances listed on the heat producing equipment label.
(27)
Access to and a working space of not less than 30 inches in
width, 36 inches in depth and 78 inches in height shall be provided
in front of HVAC units, electrical service equipment, gas meters,
water meters and valves.
(m) Responsibilities of Owners and Occupants.
(1)
Facilities - No owner or occupant shall cause any services,
facilities, equipment, or utilities which are required under the Housing
Code to be removed from, shut off or discontinued in any occupied
dwelling unit let or occupied by them, except for such temporary interruption
which may be necessary while actual repairs or alterations are in
progress or during temporary emergencies when discontinuation of service
is authorized by the public officer. In the event that any service
or utility which the owner has agreed to supply is discontinued, the
owner shall take immediate steps to cause the restoration of such
service or utility.
(2)
Infestation - The owner of a dwelling located in an area found
by the public officer to be infested by rats, insects, or other vermin
shall carry out such rat stoppage, vermin proofing, or other means
of preventing infestations of said dwellings as may be required by
the local health agency.
(3)
Cleanliness - No owner shall occupy or let to an occupant any
vacant dwelling unit unless it is clean and sanitary. Carpeting provided
by the owner shall be steam cleaned, or cleaned by other means acceptable
to the public officer, prior to occupancy by tenants.
(4)
Interior common areas - Every owner of a building containing
two dwelling units shall be responsible for maintaining in a clean
and sanitary condition the common areas of the dwellings and premises
thereof.
(5)
Exterior common areas - It shall be the responsibility of the
owner, unless otherwise provided under lease agreement, to provide
for the orderly maintenance of the exterior of the premises, including
snow and ice removal. This shall not exempt the owner of any property
from removing snow or ice as may be required by any other law or ordinance.
The storage of objects or materials not covered in Section 16-3A(m)(7)
and (m)(8) of the Housing Code, or not otherwise prohibited by municipal
ordinance shall be done in an orderly manner so as not to constitute
a health, safety or fire hazard.
(6)
Dwelling Units - Every occupant of a dwelling shall keep in
a clean, safe and sanitary condition that part of the dwelling which
the occupant occupies and controls. Carpeting provided by the occupants
or tenants and which is not provided by the owner as part of a lease
agreement, shall be kept clean and in good repair, as provided in
Section 16-3A(m)(15) of the Housing Code.
(7)
Garbage Receptacles - It shall be the responsibility of the
owner of each building to furnish sufficient garbage and recycling
receptacles outside the dwelling unit for the storage of garbage,
recycling and rubbish until removal from the premises.
(8)
Removal of Garbage, Rubbish, and Recyclable Materials - Every
owner of a building shall be responsible for complying with the regulations
of this municipality for the periodic collection of all garbage, rubbish,
and recyclable materials.
(9)
Extermination - Every occupant of a building unit comprising
a single dwelling unit 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 building containing more
than one unit shall be responsible for such extermination whenever
the occupant's dwelling unit is the only one infested. Notwithstanding
the foregoing provisions of the subsection, whenever infestation is
caused by the failure of the owner to maintain a dwelling in a vermin-proof
or reasonably insect-proof condition, extermination shall be the responsibility
of the owner. Whenever infestation exists in two dwelling extermination
thereof shall be the responsibility of the owner.
(10)
Plumbing Fixtures (Cleanliness) - Every occupant of a dwelling
unit shall keep all plumbing fixtures therein in a clean and sanitary
condition and shall be responsible for the exercise of reasonable
care in the proper use and operation thereof.
(11)
Heating and Hot Water Facilities (responsibility to provide)
- Every owner of a dwelling, or his or her designated agent, shall
supply heating facilities in accordance with Section 16-3A(d)(6) of
the Housing Code. Notwithstanding any agreement to the contrary between
the owner or his or her designated agent, and any occupants, it shall
be the responsibility of the owner, or his or her agent, to obtain
prompt or emergency service to repair or service any heating or hot
water facilities that are malfunctioning or become inoperable, even
in cases where the occupants are required to provide the fuel.
(12)
Fuel for Heating and Hot Water Facilities (Responsibility to
Provide) - It shall be the responsibility of the owner, or his or
her designated agent, unless otherwise agreed to in the written lease,
to provide fuel for the heating and hot water facilities. Notwithstanding
any agreement to the contrary between the owner, or his or her designated
agent, and any occupant, in buildings of two dwelling units having
a common source of heating or hot water, and in dwelling units in
which the heating and hot water facilities are not under the exclusive
control of the occupant, it shall be the responsibility of the owner,
or his or her designated agent, to provide the fuel required to operate
the heating and hot water facilities.
(13)
Owner's Responsibility - The owner shall be responsible for
compliance with all provisions of this Code not specified as the responsibility
of the occupants.
(14)
Appliances - Any appliances provided by the owner at the time
of the occupancy shall, unless otherwise agreed to in writing, be
repaired or replaced by the owner at the owner's expense, unless purposefully
damaged by the occupant. The owner shall inspect the appliances provided
prior to occupancy, and such appliances shall be repaired if necessary
and be in proper working order prior to occupancy.
(15)
Carpeting - Owners shall be responsible for the repair and replacement
of worn or damaged carpeting provided at the time of occupancy or
as part of a lease agreement; and the occupants of a dwelling unit
shall be responsible for the installation, repair and replacement
of worn or damaged carpeting not provided by the owner at the time
of occupancy or as part of the lease agreement, including removal
and disposal by the owner after the occupants vacate a dwelling unit.
Occupants shall be responsible for maintaining all carpeting in a
clean and sanitary manner at all times.
(16)
Repairs - All repairs or alterations to the building or an individual
dwelling unit required by this Code or performed in accordance with
any other lawful order, ordinance, statute, or regulation, shall be
performed and completed in a workmanlike manner. All repairs or alterations
required by the Housing Code shall be performed, where required, in
accordance with the requirements of the New Jersey Uniform Construction
Code. No violation of the Housing Code shall be deemed corrected or
repaired until all permits required to perform such repair or alteration
have been obtained and the work completed in a satisfactory manner.
(17)
Utilities - In buildings containing more than one dwelling unit,
no tenant shall be required to pay any utility cost, or portion thereof,
for water, sewer, electric, or natural gas unless separate meters
for each unit are provided. No owner shall enter into any agreement
with a tenant to the contrary.
(18)
Pools - Outdoor water pools shall be construed to mean any swimming
pool or portable tank, erected or maintained which will cause the
retaining of water to a greater depth than 24 inches. All installations
and maintenance shall be in accordance with the requirements of the
New Jersey Uniform Construction Code.
(19)
All 1- and 2-Family Dwellings are required to be provided with
a portable fire extinguisher, Installed in accordance with the requirements
of N.J.S.A. 52:27D-198.1 & the Princeton Housing Code Chapter
16-3A(l)(20).
(20)
All 1- and 2-Family Dwellings are required to be provided with
carbon monoxide detectors. Carbon monoxide detectors shall be installed
and maintained in accordance with NFPA 720, 2005 edition, CO detectors
are required to be provided in the immediate vicinity of all sleeping
rooms and are required to be installed as follows:
a.
- The device is permitted to be a battery powered, hard-wired
or plug-in type.
b.
- If installing an electrically operated device, the AC power
source is required to be supplied from either a dedicated branch circuit
or the nonswitched portion of a branch circuit also used for power
and lighting. Operation of a switch (other than a circuit breaker)
or GFCI is not permitted to cause loss of power to the alarm.
c.
- The device must be installed in accordance with the manufacturer's
instructions.
(21)
Single- and multiple-station smoke detectors shall be installed
and maintained in accordance with NFPA 72, 2002 Edition. Single- and
multiple-station smoke alarms shall be on each level and outside each
separate sleeping area.
[Ord. No. 2013-17; Ord. No. 2015-46]
The public officer is authorized and directed to make inspection
to determine the condition of dwellings, dwelling units, rooming units
and premises located within the municipality, 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 public officer is authorized to enter upon premises
with the consent of the owner, his designated agent or occupant thereof,
or failing that, pursuant to a properly issued search warrant, in
such a manner as to cause the least possible inconvenience to the
persons in possession thereof.
[Ord. No. 2013-17; Ord. No. 2015-46]
Whenever the public officer determines that there are reasonable
grounds to believe that there has been a violation of any provisions
of section 16-3A of this article, the public officer shall give notice
of such alleged violation to the person responsible therefor, as provided
in this section. Such notice shall be put in writing, include a statement
of the reasons why it is being issued, allow a reasonable time for
the performance of any act it requires and be served upon the owner
or the owner's agent, or the occupant, as the case may require. Such
notice shall be deemed to be properly served upon such owner or agent
or upon such occupant, if a copy thereof is sent by certified mail
to the last known address, or if a copy thereof is posted in a conspicuous
place in or about the dwelling affected by the notice, or if the owner
or owner's agent is served with such notice by any other method authorized
or required under the laws of this state. Such notice may contain
an outline of remedial action which, if taken, will effect compliance
with the provisions of this article and with rules and regulations
adopted pursuant thereto.
[Ord. No. 2013-17; Ord. No. 2015-46]
The public officer may grant one or more extensions of time
to correct violations beyond the date set for correction in a notice
of violation issued pursuant to Section 16-5 of this article. Such
extension of time shall only be granted upon the written request of
the person or agent responsible for complying with the notice of violation,
and shall be made upon forms provided by the public officer. Any request
for an extension of time shall be deemed to be an admission that the
notice is factually and procedurally correct, and that the violations
do or did exist.
[Ord. No. 2013-17; Ord. No. 2015-46]
If the owner of any building in the municipality shall neither
reside nor have a place of business in the municipality or within
a radius of 20 miles from the intersection of Nassau and Witherspoon
Streets within Princeton and in the State of New Jersey, such owner
shall designate a person residing or having a place of business within
the municipality or within a radius of 20 miles from the intersection
of Nassau and Witherspoon Streets within Princeton and in the State
of New Jersey, as the owner's agent for service of complaints, orders
and notices relating to such building and issued by the public officer
under this article. Such designation shall be in writing, signed by
the owner and shall state the name, address and telephone number of
the local agent and include a signed acceptance by the agent. It shall
be filed with the public officer within 30 days after an owner's relocation
outside the aforementioned 20 mile radius. Any change in designation
shall be made and filed in like manner, but until such change in designation
is filed with the public officer, the prior designation shall remain
in full force and effect.
Service of any complaint, order or notice in the manner prescribed
in this article upon an agent designated as provided in this section
shall have the same force and effect as if such service were made
upon the owner designating such agent.
[Ord. No. 2013-17; Ord. No. 2015-46; amended 3-13-2023 by Ord. No. 2023-10]
The occupancy and rental of buildings and parts thereof for
human habitation shall be subject to the following:
(a) No person shall rent to another, or suffer or permit occupancy by
another, of any building or part thereof for human habitation or use,
without first obtaining from the public officer a certificate stating
that the premises, at the time of the proposed rental to or occupancy
by such other person, complies with the requirements of the Princeton
Housing Code.
(1)
Exemptions - The following dwellings and dwelling units are
exempt from obtaining a certificate of compliance from the public
officer:
a.
Premises that are ordinarily occupied by the owner as a principal
residence and which are not intended to be rented.
b.
Any units owned or operated by a governmental authority as part
of a duly authorized public housing project.
c.
Any units, the rent of which is controlled by any governmental
authority that provides financial or refinancing assistance in the
acquisition, construction and maintenance thereof.
d.
Any unit where the relationship between landlord and tenant
is that of educational institution and student, faculty or staff thereof,
and where the rental of the unit is customarily restricted to such
persons.
e.
Any unit in a hotel or motel.
g.
Any unit in a building containing three or more units registered
with and inspected by the State Commissioner of Community Affairs,
pursuant to N.J.S.A. 55:13A-1 et seq., or successor statutes.
h.
Any lodging or rooming unit in a building which is registered
with and inspected by the State Commissioner of Community Affairs,
pursuant to N.J.S.A. 55:13B-1 et seq., or successor statutes.
(b) No person shall occupy or rent to another for occupancy any building or part thereof for human habitation or use after having been served with an order issued pursuant to this article relating to such building or part thereof and after failure of compliance with such order, but this subsection
(b) shall not apply to rental or occupancy with the written permission of the public officer for a specified period during the making of repairs, alterations and improvements required by such order.
(c) The certificate referred to in subsection
(a) above issued by the public officer shall be valid for two years, or until another inspection by the public officer occurs. The public officer may inspect as frequently as reasonably necessary based on the history of violations or complaints received; and such certificate shall be invalidated by the public officer if the public officer finds substantial violations of the Princeton Housing Code, on the premises. In case the certificate of compliance is invalidated for substantial violations, the owner or the owner's agent shall apply for a new certificate, paying the required fee, which certificate will be issued when the public officer determines that there are no substantial violations. The public officer shall report all substantial violations to the Princeton rental housing coordinator.
The certificate referred to in subsection
(a) above issued by the public officer for a rental unit which is in a building that contains only one rental unit in addition to the unit in which the owner resides, shall be valid until a change in ownership occurs or the owner of the building no longer resides in the building.
In case of invalidation of the certificate for substantial violations,
the public officer may grant extensions of the time period allowed
for the correction of violations as set forth in Section 16-5.1 of
this article.
Every occupant of every dwelling unit shall give the owner thereof
or the owner's agent or employees access to any part of the dwelling
unit upon reasonable notification, which under ordinary circumstances
shall be one day, for the purpose of making such repairs or alterations
as are necessary to effect compliance with the Housing Code. Every
owner shall give the public officer access to any part of the dwelling
unit, for the purpose of making an inspection, upon similar reasonable
notification.
If at the end of the period set for correction of violations,
such corrections have not been made to the satisfaction of the public
officer, the public officer may commence appropriate legal proceedings
in a municipal court of this municipality for violation of this section.
(d) The public officer shall not issue a certificate as required by subsection
(a) above until such time as the dwelling unit has been registered or reregistered in accordance with Section 16-22 of this code.
(e) If the public officer determines that a dwelling unit has been rented
without first obtaining a certificate of compliance as required by
Section 16-7 of this article, the public officer may commence appropriate
legal proceedings in a municipal court of this municipality for violation
of this section. Any failure on the part of the public officer to
provide prior notice of the failure to obtain a certificate of compliance
shall not bar prosecution of the violation.
(f) No person shall convey to another, title to any building or part
thereof that contains any plumbing fixture connected to an on-site
sewage disposal system or to a private water supply, without first
obtaining from the public officer a certificate stating that such
sewage disposal system or water supply complies with the requirements
of applicable laws, ordinances and state regulations. However, title
may be conveyed, notwithstanding any such noncompliance, in cases
where the grantee first executes an agreement with the municipality,
in form satisfactory to the municipal attorney, undertaking to bring
the premises into compliance within a specified period. The premises
so conveyed shall not be occupied until certified by the public officer
to be in compliance with the aforementioned laws, ordinances and regulations.
(g) The owners of all dwelling units required to obtain a certificate under subsections
(a) or
(c) of this section shall render payment of the following fees, which shall be payable to Princeton prior to the issuance of such certificate; except that no fees shall be required for premises that are owned by a nonprofit housing corporation.
(1)
Initial Inspection (to occur prior to issuance of certificate
every two years).
|
Fee per Unit
|
---|
Structures, 1 or 2 dwelling units
|
$200
|
(2)
Reinspections of all structures (to correct violations within
normal two year inspection cycle)
First inspection
|
$0
|
Second inspection
|
$150
|
Third inspection and all subsequent inspections
|
$250
|
(3)
In the event that the property owner, landlord or designated
agent fails to attend a scheduled inspection or arrives at such inspection
15 minutes late, they may be charged as if the inspection occurred.
[Ord. No. 2013-17; Ord. No. 2015-46]
(a) The public officer may prosecute any violation of this article by
the commencement of proceedings in the municipal court of Princeton.
Each such violation shall be subject to the penalties set forth in
Section 1-6 of this Code. Each violation of the housing code shall
be considered a separate violation for each day that such a violation
continues unabated. Violations affecting more than one dwelling unit
shall be considered separate violations for each dwelling affected.
A repeat offender, as that term is defined in Section 1-6, shall be
subject to the penalties in Section 1-6.
(b) The public officer may cause a summons and complaint to be filed
without first issuing a notice of violation for violations of the
following sections of this chapter:
(1)
Section 16-3A(c)(5) - Prohibited areas.
(2)
Section 16-3A(d)(4) - Water/sewer.
(3)
Section 16-3A(d)(6) - Water heating facilities.
(4)
Section 16-3A(d)(8) - Water source.
(5)
Section 16-3A(h)(1) - Heating equipment.
(6)
Section 16-3A(j)(6) - Door locks (prohibited).
(7)
Section 16-3A(c)(6) - Overcrowding.
[Ord. No. 2013-17; Ord. No. 2015-46]
Nothing in this article shall be construed to abrogate or impair
the power of the municipality or any officer or department thereof
to enforce any provisions of its ordinances or regulations or to prevent
or punish violations thereof, and the powers conferred by this article
shall be in addition and supplemental to the power conferred upon
the municipality by any other law or ordinance.