[1991 Code AIV; Ord. No. 823]
Standards applicable to dwelling units which are owner-occupied and dwelling units and lodging units which are rented to tenants (all dwellings and dwelling units).
[1991 Code § 121-6; Ord. No. 823; Ord. No. 2010-05]
A. 
Every foundation, floor, wall, ceiling, door, window, roof or other part of a building shall be maintained in a safe, sanitary, and structurally sound condition so as not to pose a threat to the public health, safety or welfare, and capable of the use intended by its design. Any exterior part or parts thereof shall be maintained weatherproof and properly surface-coated where required to prevent deterioration.
B. 
Every inside and outside stairway, every porch and every appurtenance thereto shall be so constructed as to be safe to use and capable of safely supporting the imposed dead and live loads and shall be kept in sound condition and good repair. As of the effective date of this article, every stairway having four or more risers shall be properly bannistered and safely balustraded pursuant to the Uniform Construction Code of the State of New Jersey.
C. 
Every porch, balcony, roof or similar place higher than 30 inches above the ground used for egress or for use 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.
D. 
Every roof, wall, window, exterior door and hatchway shall be free from holes or leaks that would permit the entrance of water within a dwelling or be a cause of dampness.
E. 
Every dwelling shall be free from rodents, vermin and insects. Rodent or vermin extermination and rodent-proofing may be required by the Health Department.
F. 
Every building, dwelling, dwelling unit, and all other areas of the premises shall be clean and free from garbage or rubbish and hazards to safety. Lawns, hedges and bushes shall be kept trimmed and not permitted to become overgrown, thereby becoming a hazard to the public health, safety and welfare. Dead or broken limbs which may pose a threat to the safety and welfare of the public shall be removed.
G. 
The Housing Inspector may order the owner to clean, repair, paint, whitewash or paper any walls or ceilings within a dwelling which have deteriorated so as to provide a harborage for rodents or vermin.
H. 
Every sidewalk, walkway and driveway shall be maintained in such a manner as not to pose a safety hazard. There must be at least seven foot clearance from the sidewalk to the lowest tree branch overhanging the sidewalk, and shrubbery must not overhang or obstruct the sidewalk.
I. 
All chimneys, smokestacks and similar appurtenances shall be maintained structurally safe, sound and in good repair. Various and sundry outbuildings, garages and sheds shall be maintained so as to be safe, and any exterior part or parts thereof shall be maintained weatherproof and properly surface-coated where required to prevent deterioration. All sheds erected after the effective date of this article shall be safely anchored.
[1991 Code § 121-7; Ord. No. 823; Ord. No. 94-6]
No sump pump shall be connected to any sanitary sewer line within the Borough. All sewer line clean-outs shall be at least one foot above floor level. This section shall be enforced by the Housing Inspector or the Superintendent of the Advanced Wastewater Treatment Plant in accordance with the provisions of § 19-3-1G of Chapter 19 governing wastewater discharges. Certificates of Compliance, pursuant to Articles 13-7 and 13-8 of this chapter shall be not issued prior to compliance with the provisions of § 19-3-1G of Chapter 19.
[1991 Code § 121-8; Ord. No. 823]
Every dwelling and dwelling unit shall be provided with a safe supply of potable water meeting the standards set forth in the Potable Water Standards as published by the New Jersey Department of Environmental Protection and Energy.
[1991 Code § 121-9; Ord. No. 823]
A. 
All plumbing and heating systems shall be in satisfactory working order.
B. 
No 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 shall be used in any dwelling or dwelling unit unless it has an approved direct smoke pipe or flue connection to a properly constructed chimney capable of carrying all of the products of combustion to the outside air.
[1991 Code § 121-10; Ord. No. 823; Ord. No. 2015-22]
The electrical system shall be in proper working order so as not to pose a threat of electrical shock, fire or other hazard. All Groundfault Interrupt Outlets shall function as designed. All plates and covers shall be in place. No extension cords shall be connected to appliances and/or air conditioners, with the exception of use of a portable generator in times of emergency.
[1991 Code § 121-11; Ord. No. 823-3; Ord. No. 2015-22; Ord. No. 2021-14]
All dwellings and dwelling units shall have a ten-year sealed battery-powered single station, or be hardwired if required at time of construction. Smoke alarms shall be installed on each level of the structure and outside each separate sleeping area and located on or near the ceiling in accordance with P.L. 1991, c. 92. A carbon monoxide detector must be located outside all sleeping areas. Tenants/residents shall test monthly to confirm operating and functional.
[1991 Code § 121-12; Ord. No. 823-3]
Every fence shall be maintained and kept in a condition which shall not pose structural, health or safety dangers.
[1991 Code § 121-13; Ord. No. 823; Ord. No. 2010-05; Ord. No. 2014-14; Ord. No. 2015-22; Ord. No. 2021-14]
A. 
It shall be the responsibility of the owner and/or tenant to ensure that the maximum number of occupants in a dwelling unit shall not exceed the following standard:
(1) 
Every dwelling unit shall contain at least 150 square feet of common area (living room, dining room, etc) floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof, such floor space to be calculated on the basis of total common area, excluding kitchens, bathrooms, water closet compartments, laundries, pantries, foyers, corridors, closets and storage spaces.
B. 
In addition, the following requirements shall apply:
(1) 
Every room in a dwelling unit 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 an additional 50 square feet of floor space for the second occupant. Under no circumstances shall there be more than two occupants in each bedroom of a dwelling unit. Children under the age of two shall not be considered to be additional occupants.
(2) 
Notwithstanding the foregoing, in every lodging unit every room occupied for sleeping purposes by one occupant shall contain at least 80 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 60 square feet of floor space for each occupant thereof.
C. 
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.
D. 
No room in a dwelling unit may be used for sleeping if the floor level of the room is lower than 3 1/2 feet below the average grade of the ground adjacent to and within 15 feet of the exterior walls of the room.
E. 
A room located below the level of the ground but with the floor level less than 3 1/2 feet below and the average grade of the ground adjacent to and within 15 feet of the exterior walls of the room 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 Housing Inspector and that the windows thereof are at least 15 feet from the nearest building or wall.
F. 
Keyed and/or Combination Locks on Interior Doors are Prohibited. Privacy locks are allowed on bedroom doors, provided that the lock can be opened easily and without the use of force from the outside of the room, or from any hallway or common area, in the event of emergency.
G. 
Non-habitable spaces, including storage and closet areas, kitchens, hallways and all portions of living rooms, dining rooms, dens, enclosed porches, attics and basements, shall not be used as bedrooms or otherwise occupied for sleeping purposes; notwithstanding the foregoing, attics and basements may be used as bedrooms if they have been rendered habitable pursuant to all requirements of the State Housing Code.
H. 
The number of bedrooms in a dwelling unit is determined by the number of bedrooms on the tax records for the property.
I. 
The bedroom cannot be used to pass through to another habitable space, bedroom or kitchen.
J. 
Overcrowding. The following factors may be considered by the Housing Inspector 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 Housing Inspector, without first issuing a notice of violation:
(1) 
The occupying of areas of a rental dwelling unit prohibited pursuant to § 13-3-9G of this chapter, such as basements and attics;
(2) 
The location of mattresses or bedding materials in areas of a dwelling unit prohibited for occupancy pursuant to § 13-3-9G; and
(3) 
The existence of cooking appliances, and/or refrigeration units, (excluding freezer appliances) in inappropriate areas of a dwelling unit in addition to those located in the kitchen, as determined by the Housing Inspector.
[1991 Code § 121-14; Ord. No. 823]
All dwellings shall be adequately ventilated; every bathroom and water closet compartment shall have ventilation provided either by a window, skylight or mechanical ventilation system.
[1991 Code § 121-15; Ord. No. 823]
Upon written request of the property owner, an historic landmark may be exempted by the Housing Inspector from strict compliance with the requirements of this chapter if such strict compliance would compromise the historic significance of the property; provided, however, that no exemption shall be granted which, in the opinion of the Housing Inspector, would create a health or safety hazard or allow such a hazard to continue.
[Ord. No. 2002-20]
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.
[Ord. No. 2010-05]
A. 
Posting of signs for rent, or advertising room or rooms for rent by any means of publication (whether through broadcast media, print media, or by electronic means, including the internet), is prohibited for any property in the Borough of Hightstown for which no license has been issued in accord with Articles 4-1, 13-8 and 13-10 of this Code to qualify that property as a boarding house, rooming house, or rooming unit.
B. 
Posting of signs, or advertising an apartment or house for rent by any means of publication (whether through broadcast media, print media, or by electronic means, including the internet), is prohibited for any property in the Borough of Hightstown for which a Rental Certificate of Compliance has not been issued by the Housing Inspector, pursuant to § 13-8-1 of this Code.