A.
Concurrent responsibilities.
(1)
Owners, including agents of owners and managing agents and superintendents,
shall have the general duties outlined herein for the maintenance
of the premises, and no such person shall be relieved from any such
responsibility hereunder by reason of the fact that an occupant or
the person shall have similar responsibilities or shall have failed
to report any violation, nor shall any such person be relieved of
any responsibility by the terms or provisions of any lease, contract
or agreement.
(2)
In any premises subject to either the Horizontal Property Act (N.J.S.A.
46:8A-1 et seq.) or the Condominium Act (N.J.S.A. 46:8B-1 et seq.),
the council of co-owners or condominium association, as the case may
be, shall have the duties of an owner as set forth in these regulations.
However, any such council or association shall only be required to
abate those violations which pertain either to the common areas or
common elements or which it has the right, pursuant to contract or
otherwise, to require the owner of the individual dwelling unit to
abate. Owners of individual dwelling units shall be responsible for
the abatement of violations pertaining only to each such unit; provided,
however, that the responsibilities of the dwelling unit owner and
of the council or association may be concurrent.
B.
Discontinuation of services.
(1)
No person shall intentionally cause any service, facility, equipment
or utility which is required to be supplied under this chapter to
be removed, shut off or discontinued, or knowingly allow such condition
as will adversely affect any dwelling space.
(2)
This section shall not be applicable to such temporary interruption
as may be necessary when actual repairs or alterations are in process
or during temporary emergencies when discontinuance of service is
caused by any public utility or public agency or is approved by Plainsboro
Township Housing.
(3)
In the event of any discontinuation of services, repairs shall be
performed expeditiously to minimize inconvenience to occupants and,
to the greatest extent possible, temporary or alternate service shall
be provided until permanent service can be restored.
(4)
All utility services must be operational at the time of inspections.
A.
Responsibility of occupant.
(1)
An occupant shall, in addition to complying with all provisions of
this chapter applicable to him, be responsible for violations of this
chapter to the extent that he has the power to prevent the occurrence
of a violation or assist in abating the violation. An occupant has
the power to prevent the occurrence of a violation if:
(2)
The occupant, any member of his family or household, or his guest
shall, with respect to the public parts of the premises, be liable
if a violation is caused by his own willful act, neglect or abuse.
(3)
Every occupant of each unit of dwelling space shall give the owner
thereof or his agent or employees access to any part of the unit of
dwelling space upon reasonable notification, which under ordinary
circumstances shall be 24 hours for multiple dwellings, except immediately
for hotels, for the purpose of making such inspection and such repairs
of alterations as are necessary to effect compliance with the law
and this chapter. In case of safety or structural emergencies, immediate
access shall be given.
(4)
All items stored by occupants in any area provided for common storage
by occupants of more than one unit of dwelling space shall bear the
name and dwelling unit number of the occupant storing the said item
or items. It shall be the responsibility of the occupant to label
each item and maintain it labeled. Materials stored in such areas
shall be secured against becoming sources of infestation and shall
not be placed so as to create a hazard. No flammable or other hazardous
liquids or gas shall be stored within any storage area or within the
dwelling unit.
B.
Reporting of violations. Upon discovery by an occupant of any conditions
on the premises, failure of service, or defect in any equipment, which
constitutes a violation hereof, the occupant shall report the same
promptly to the owner or to the managing agent having charge of the
premises.
(1)
Prohibited acts. No occupant or other person shall:
C.
Unsafe and unsanitary conditions.
(1)
Occupants shall place all garbage within the receptacles provided
for garbage disposal. Where janitorial service is not required, they
shall place all containers with sufficient frequency to avoid an unsanitary
accumulation in the exterior area or areas set aside for the same.
Garbage, rubbish and other refuse shall not be thrown out of windows
or down dumbwaiters, nor shall garbage and refuse be set out on stairways
or fire escapes or in common hallways.
(2)
Occupants of each unit of dwelling space shall be responsible to
the extent of their own use and activities for keeping the interior
thereof safe and sanitary. Occupants shall prevent any accumulation
of garbage or waste matter which may become a source of infestation
or accumulation of combustible material (ex.: newspaper and books)
which may constitute a fire hazard.
(3)
Every occupant shall maintain all plumbing fixtures used by him in
a clean and sanitary condition, shall not deposit any material in
any fixture or sewer system which would cause stoppage of or damage
to properly maintained fixtures or sewer systems and shall be responsible
for the exercise of reasonable care in the proper use and operation
of such fixtures.
(4)
Occupants shall not damage, remove or destroy screens needed for
the building.
(5)
Every occupant of any unit of dwelling space shall be responsible
for removing conditions resulting from the occupant's own activities
or which may result in infestation conditions which are subject to
and under his exclusive control.
(6)
No occupant shall cause excessive grease, soot or other foreign matter
to accumulate on side walls, ceilings or other exposed room surface
by improper use of heating or cooking equipment. Cooking equipment
shall be kept clean, free of garbage, food particles and grease.
D.
Malicious damage. Every occupant shall be liable for willfully or
maliciously causing damage to any part of the premises which results
in a violation of this chapter. Any adult occupants shall be responsible
and liable for any violation of this section caused by minors under
their care or custody occupying the same unit of dwelling space if
the violations were created or permitted to continue with the knowledge
or acquiescence or consent of said adult member.
E.
Heating by occupant. Where any occupant undertakes, by condition
of his lease, to supply his own heat through a furnace or boiler which
also heats any unit of dwelling space occupied by other persons, the
said occupant shall be responsible in the same manner as the owner
for supplying heat in accordance with the provisions of this chapter.
Where any occupant undertakes to install heating equipment, it shall
conform to the requirements of the New Jersey Uniform Construction
Code. The occupant shall be responsible for maintaining such equipment
installed by them in good repair and operating condition during all
times that the heating equipment remains under their control.
F.
Occupancy violations of housing ordinance. No occupant shall occupy
or permit the occupancy of any unit of dwelling space in violation
of the occupancy standards established under N.J.A.C. 5:10-22 or any
applicable section of Plainsboro Township ordinances. No occupant
shall cook in any unit or dwelling space except where all the required
cooking facilities are installed as required under N.J.A.C. 5:10-20.
No occupant shall occupy or continue to occupy a unit of dwelling
space that does not have provision for bathroom and toilet room facilities
as required by N.J.A.C. 5:10-21.
G.
Storage. No occupant shall utilize any area outside of his dwelling
space for storage purposes except in an area designated for such use
in accordance with this chapter.
A.
Elimination of hazards. The owner of any vacant property, rental
unit or rental dwelling shall be responsible at all times for keeping
all parts of the premises clean and free of infestation and hazards
to the health or safety of occupants and/or other persons in or near
the premises.
B.
Nuisances. The owner or occupant of any dwelling shall be responsible for avoiding, eliminating or abating any noises, lights, odors, radiations or vibrations or other conditions enumerated in Chapter 73 of Plainsboro Township Code, arising out of the use or occupancy of the premises which shall constitute a nuisance that is harmful or potentially harmful to the health and well-being of persons occupying or using the premises.
C.
Maintenance of dwellings. Every residential dwelling space, whether
vacant or in a multiple dwelling, condominium rental unit, rental
townhouse, or single-family rental, shall be so maintained as to be
fit for human use and habitation and to prevent progressive deterioration
of the unit to the detriment of the health, safety and well-being
of its occupants.
D.
Maintenance of exterior.
(1)
The exterior of all vacant and rental premises and all structures
thereon shall be kept free of all nuisances, insanitary conditions,
and any hazards to the safety or health of occupants, pedestrians
and other persons utilizing the premises, and any of the foregoing
conditions shall be promptly removed and abated by the owner or operator.
It shall be the duty of the owner or operator to keep the premises
free of such conditions, which include but are not limited to the
following:
(a)
Brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash, refuse and debris.
(b)
Dead and dying trees and limbs or other natural growth which
by reason of rotting or deteriorating conditions or storm damage constitute
a hazard to persons in the vicinity thereof. Trees shall be kept pruned
and trimmed to prevent such conditions. Tree stumps, which may be
tripping hazards, shall be removed.
(c)
Loose and overhanging objects and accumulations of ice and snow
which, by reason of location above ground level, constitute a danger
of falling on persons in the vicinity thereof.
(d)
Holes, excavations, breaks, projections, obstructions, litter,
icy conditions, unclean snow and excretion of pets and other animals
on paths, walks, driveways, parking lots and parking areas and other
parts of the premises. Holes and excavations shall be filled and repaired,
walks and steps replaced and other conditions removed where necessary
to eliminate hazards or unsanitary conditions with reasonable dispatch
upon their discovery.
(e)
Accumulations of water, vegetation or other matter which might
serve as a source of food or as a harboring or breeding place for
infestation.
(f)
Walks, courts and other paved areas shall be kept clean and
free of litter, dirt, mud or other conditions hazardous to pedestrians.
(g)
Exception to section above all. In single-family rental units
where the conditions listed above are specified in the lease as the
responsibility of the tenant, the tenant shall then be responsible.
(2)
All parts of the premises shall be so graded and, where necessary,
provided with runoff drains and/or other means to carry off and dispose
of surface waters in such a manner as to eliminate any recurrent or
excessive accumulations of stormwater on the premises, without causing
the accumulation of water on adjoining properties:
(3)
All outside contractors or concession-providing services on the premises
of apartment complexes, condominiums, or townhome projects shall maintain
all their equipment in a safe manner (example: cable wiring and boxes).
(4)
Outdoor swimming pools, decorative pools, reflecting pools and artificial
fish ponds which contain 24 inches or more of water or having a surface
area of 250 square feet or more shall be protected by a barrier conforming
to the requirements of the International Building Code.
(5)
Electrical hazards near swimming pools. No overhead electrical conductors
shall be within 15 feet of any swimming pool. All metal fences, enclosures
or railings that might become electrically charged as a result of
contact with broken overhead conductors or from any other cause near
or adjacent to a swimming pool shall be grounded in accordance with
the provisions of the National Electrical Code.
A.
Bearing of loads. Building and parts thereof shall be maintained
so as to be capable of sustaining safely their own weight and the
loads to which they may be subject so that loads are transmitted to
the soil without undue differential settlement, unsafe deformation
or movement of the building or any structural part thereof.
B.
Foundations. Foundations of all structures shall be kept, maintained
and repaired to eliminate all exposed holes, cracks and other defects
so that the foundation shall be at all times capable of resisting
the penetration of liquids into the building and be weathertight and
serve to protect the building against infestation. They shall also
be maintained to prevent or correct erosion around footings.
C.
Exterior surfaces.
(1)
The exterior of every structure or accessory structure, fence or
other improvement on the premises shall be kept in good repair and
all exposed surfaces thereof subject to deterioration shall be protected
against weathering or deterioration by a protective coating appropriate
for the particular material involved as needed.
(2)
All exterior windows and window frames shall be painted with at least
one coat of suitable exterior paint or other preservative as needed
except where constructed of an approved atmospheric corrosion-resistant
metal or other equivalent material.
(3)
The exterior surfaces shall be maintained to eliminate conditions
reflective of deterioration or inadequate maintenance, such as broken
glass, loose shingles, crumbling stone or brick or excessive peeling
of paint.
(4)
The exterior of the building shall be free of loose material that
may create a hazard by falling on persons utilizing the premises.
D.
Leakage, drafts and infestation. All exterior walls, roofs, windows,
window frames, doors, door frames, skylights, foundations and other
parts of the structure shall be maintained as to keep water from entering
the structure, to prevent excessive drafts or heat loss during cold
or inclement weather and to provide a barrier against infestation.
Damaged or badly worn material shall be repaired or replaced, and
places showing signs of rot, leakage, deterioration or corrosion shall
be treated or restored to prevent weathering or seepage.
E.
Leaders and drainpipes. Leaders and drainpipes shall be securely
fastened to the building and maintained in good condition, free of
leaks, kept clean and free of obstructions and shall direct stormwaters
into draining systems and away from the foundation walls of the structure.
Splash block shall be provided where needed to direct water away from
a building.
F.
Railings. Stairways shall have continuous guards and handrails conforming
to the International Building Code or International Residential Code
as applicable.
G.
Exception: structural maintenance. Owner-occupied single-family residence
shall be exempt.
A.
Basements and crawl spaces.
(1)
Basements and crawl spaces are to be free of moisture resulting from
liquid penetration from the exterior and shall be provided with ventilation
as required herein to prevent accumulations of moisture and dampness.
(2)
Floors of basements shall have a permanent surface that is water-resistant
and capable of being kept broom-clean so as not to create a safety
hazard. Crawl spaces which are neither usable nor occupiable need
not be permanently surfaced.
B.
Interior surfaces.
(1)
All floors, walls, ceilings and other surfaces shall be kept in good
repair, that is, free from cracks, breaks, split or splintering boards
or woodwork, loose plaster, flaking or peeling paint or other materials.
Loose or defective sections shall be removed and replaced so that
the joint between the repair and the sound material is made flush
and smooth.
(2)
Floors, walls, ceilings and other exposed surfaces shall be kept
clean, free from visible foreign matter, sanitary and well-maintained
at all times. If necessary to accomplish the foregoing, these surfaces
shall be kept painted, whitewashed, papered, covered or treated with
sealing materials or other protective coatings as needed.
(3)
Interior walls, ceilings and other exposed surfaces in units of dwelling
space shall be kept smooth, clean, free of flaking, loose or peeling
paint, plaster or paper and capable of being maintained free of visible
foreign matter and of vermin, and in a sanitary condition. If and
when necessary to accomplish the foregoing or any part thereof, such
interior surfaces shall be spackled, painted, papered or otherwise
provided with a protective coating appropriate for the surface material,
and this shall be done at least once every three years unless it is
clearly unnecessary. Painting or other provision of a protective coating
shall be the responsibility of the occupant and not of the owner when
required more frequently than once every three years as a result of
the acts or omissions of the occupant, a member of his family or household
or his guest.
(4)
Owners shall maintain records indicating the date on which any dwelling
unit or part thereof was painted or otherwise provided with a protective
coating for six years. Said records shall also indicate the names
and address of the person who did the work, the nature of the work
done and the cost. Said records shall be made available upon request
to the Plainsboro Township Housing Division or to any inspector performing
an inspection of the premises on behalf of the Township.
(5)
Carpeting, where provided by the owner, shall be cleaned, sanitized
and in good condition at the time of reoccupancy by a new tenant.
(6)
Carpeting which creates a hazardous condition shall be repaired or
replaced.
(7)
Except where housekeeping services are provided, normal housekeeping
as required for the maintenance of cleanliness and sanitation within
individual units of dwelling space of multiple dwellings shall be
the responsibility of the occupants and shall not, unless a hazard
to the health, safety or welfare of persons other than the occupant
of the dwelling unit is thereby created, be the responsibility of
the owner.
C.
Stairways and common areas.
(1)
Stairways shall be maintained to support a live load of 100 pounds
per square foot and walking surfaces shall be maintained free of hazards,
such as loose steps, loose or uneven treads, torn carpeting, raised
strips and non-uniform risers.
(2)
Hallways, fire escapes, stairs, landings and passages and other common
areas shall be kept open for unrestricted passage.
(3)
There shall be guards and hand railings to provide support and protect
persons from falling off the stairways or landings. Such stairways
shall have continuous guards and handrails on both sides.
(4)
Exceptions:
(a)
Stairways with fewer than four risers are not required to have
handrails where serving a single dwelling unit or where such stairways
are not in an exit access corridor or aisle, exit or exit discharge.
(b)
Stairways within a dwelling unit shall be equipped with a minimum
of one handrail.
(c)
Spiral stairways shall be equipped with a minimum of one handrail.
(d)
Egress: habitable rooms and sleeping areas. Every dwelling shall
have a safe and unobstructed means of egress. Such egress shall not
be through any other dwelling or part thereof and shall lead to a
safe and open space at ground level accessible to the street.
D.
Doors. All doors shall be so maintained that they can be readily
opened and closed.
E.
Exception: maintenance of interior. Owner-occupied single-family
residences, townhomes, and condominiums shall be exempt.
A.
Receptacles.
(1)
There shall be provided, for each multiple dwelling, noncorrosive,
impervious and noncombustible receptacles sufficient in size and number
to contain waste accumulation, pending collection, twice weekly. The
receptacles shall be so constructed as to hold their contents without
leakage and shall be provided with tight-fitting covers and handles.
(2)
Receptacles for the collection of garbage shall be located so as
not to constitute a hazard and located so as to be accessible to the
collecting agency.
(3)
Garbage collection receptacles shall be kept covered, shall be maintained
in good repair and shall be kept in the area designed for storage
of such receptacles.
B.
Materials requiring separate disposal.
(1)
Disposal of materials not fitting into or appropriate for receptacles,
such as newspapers, wrapping paper and other inorganic wastes which
are likely to be blown or scattered about the adjacent property or
streets, shall be secured to prevent littering.
(2)
Other objects and material which, because of bulk or size, do not
fit into receptacles shall be placed out for collection only at such
places as are designated for that purpose and at such times as shall
assure the prompt removal by the collection service available to the
building and/or site.
C.
Exception: waste disposal. Owner-occupied single-family residences
shall be exempt.
A.
Screens. Screens suited to protect the interior of the building against
mosquitoes, flies and other undesirable insects shall be provided
and kept in good repair for each exterior door (except as otherwise
provided in Exception 2 below) and each operable window in habitable
and occupiable rooms and common areas. Screens shall be installed
and maintained by the owner on all such doors and windows at least
from May 1 to October 1 each year. All screens required pursuant hereto
shall be affixed either to the window frame or to the upper sash and
the window frame. Fixed windows need not be provided with screens.
(1)
Exception 1: In transient nonresidential hotels.
(2)
Exception 2: Exterior doors which do not provide any portion of the
minimum ventilation area of at least 4% of the floor area of the room
or space ventilated.
(3)
Exception 3: Screens are not required on windows or exterior doors
in areas and spaces where a central mechanical ventilation system
is provided which conforms to applicable construction codes of the
New Jersey Uniform Construction Code.
(4)
Exception 4: In areas used for storage purposes only.
B.
Elimination of infestation. Every owner shall be responsible for
the eradication of any insects, rats or other pests when the infestation
exists in two or more units of dwelling space or in common areas.
All buildings subject to this chapter shall be made ratproof and shall
be maintained in a condition free from infestation. Such ratproofing
and pest extermination shall include but is not limited to the following:
(1)
Prevention of entrance by blocking off or stopping up at passages
by which rats may secure entry from the exterior with rat-impervious
material.
(2)
Prevention of interior infestation by elimination of sources of food
and access thereto.
(3)
Prevention of any vertical travel of vermin through pipe chases or
other similar methods of travel.
(4)
All multiple dwellings shall be subject to periodic procedures for
the prevention and elimination of infestation by persons qualified
to conduct such procedures no less frequently than once annually and
more frequently where there is recurring evidence of infestation.
C.
Exception: screens and infestation. Owner-occupied single-family
residences, townhouses and condominiums shall be exempt.
A.
Duties of owner of a multiple dwelling.
(1)
The owner shall have the positive responsibility of providing, either
by their own direct efforts or by hiring others qualified to so serve,
a person or persons qualified by training or experience to discharge
the duties and responsibilities outlined for owners under these regulations.
(2)
In multiple dwelling of nine or more dwelling units, the owner shall
either perform the janitorial and/or maintenance services themselves,
or provide a janitor and/or maintenance person, or provide janitorial
and/or maintenance services to be performed, on a twenty-four-hour-a-day
basis in a manner approved by this chapter.
(3)
Where necessary to assure compliance with this chapter and other
provisions of law affecting multiple dwellings, there shall be a full-time
person or employee responsible for providing janitorial and/or maintenance
services as defined herein. The owner shall provide additional personnel
as may be required to assure proper maintenance and compliance with
this chapter.
B.
Duties of manager and superintendent.
(1)
Without relieving the owner of any responsibility placed by these
regulations on the owner, any person undertaking for and on behalf
of the owner any responsibilities for the operation and maintenance
of the premises shall thereby assume, concurrently with the owner,
responsibilities for the premises and be subject to penalty for failure
to comply with any regulation or order relating to any item or matter
within the responsibilities so assumed.
(2)
Where the owner has vested any other person with active management
or control of the property and the owner either by their physical
absence or unavailability to the premises has left such person in
charge thereof, or by reason of any other arrangement with such person
the owner does not actively engage in the day-to-day conduct or operation
of the premises, then such person assuming management shall be responsible
as the agent of the owner for compliance thereto.
(3)
Where there is present on the premises or available to the premises
a person whose duties and authority do not comprise overall control
of the management of the premises, but such person is designated by
the owner as the person responsible for the day-to-day physical upkeep
and maintenance for the premises, then such person shall be liable
concurrently and jointly with the owner and any managing agent for
such matters as shall constitute routine maintenance and upkeep of
the premises, for any other matters pertaining to the maintenance
of the premises entrusted to such person by the owner or management,
and for apprising the owner or managing agent promptly of any other
and further matters such as major repairs, structural improvements
and capital investments which are beyond such person's authority
and competence to undertake, and which, if not done, constitute violations
of this chapter or hazards to the health, safety or well-being of
occupants.
C.
Janitorial/maintenance services required. The person in regular attendance
on the premises and responsible for providing janitorial or maintenance
duties as required by this chapter shall provide the following services:
(1)
Setting out and returning waste disposal receptacles and avoiding
leaving receptacles on days when there is no pickup;
(2)
Providing regular daily care for all common areas, including removal
of garbage, litter or other accumulations;
(3)
Attending to sidewalk, pedestrian walkways, parking areas and driveways
and, in case of snow or ice, to permit safe passage in and out of
the premises for vehicles and pedestrians;
(4)
Operating of the equipment designed to provide heat as required under
these regulations;
(5)
Such other and further routine operational and maintenance service
as is required for the owner to comply with this chapter; and
(6)
Provide regular maintenance services for interior repairs which are
the responsibility of the owner as outlined in this chapter.
A.
Suspension of service. Elevator service in a multiple dwelling shall
not be suspended except where unavoidable or where necessary to provide
servicing or repairs and then only for the minimum period of time
necessary to effectuate such servicing or repairs. Where the owner
has knowledge in advance of such suspension, they shall post a notice
of the same advising all occupants of the time and duration of any
such suspension and the reason thereof.
B.
Mirrors. In all multiple dwellings in which there are one or more
self-service elevators, there shall be affixed and maintained in each
elevator a mirror that will enable persons, prior to entering into
such elevator, to view the inside thereof to determine whether any
person is in such elevator.
C.
All elevators and elevator equipment and accessory devices shall
be provided with preventive maintenance and inspections as required
by N.J.A.C. 5:23-12.1 et seq.
A.
Electrical service.
(1)
Service location/meter panels. In all multiple dwellings, each individual
meter shall be identified to indicate the unit the meter serves. Markings
shall be at least one inch high and easily visible. Markings shall
be maintained so as to be legible at all times and of sufficient durability
to withstand the environment.
(2)
There shall be maintained in good operational condition in every
rental dwelling electrical service which shall comply with the electrical
requirements in effect at the time the dwelling or dwelling unit received
the certificate of occupancy from the Plainsboro Township Code Enforcement
Department.
(3)
The following electrical installations shall be provided and hereafter
properly maintained in all rental dwellings or dwelling units:
(a)
All entrances and exits shall be illuminated by exterior lights
sufficient to provide safe passage for persons of normal vision. Exterior
lighting fixtures shall be controlled by interior wall switches, located
for convenient and readily accessible use, except if such lights are
controlled by an automatic timer or photoelectric control device.
(b)
Every kitchen shall be provided with a minimum of two duplex
receptacle outlets; when replacing receptacles within six feet of
a sink, a ground fault circuit interrupt protection receptacle shall
be provided.
(c)
Each basement shall be wired for a minimum of one lighting fixture
for use as general illumination. All enclosed areas to which occupants
of the apartment or hotel have access shall be provided with at least
one lighting fixture. Stairwell and laundry area lighting fixtures
shall not be counted as part of the required basement lighting fixtures.
(d)
Laundry areas shall be provided with illumination. The laundry
circuit shall be an individual circuit. A wall-mounted grounding type
duplex receptacle outlet shall be provided, located near the laundry
equipment.
(e)
Heating equipment requiring electrical energy of operation or
control shall be provided with an individual circuit.
(f)
Service and circuiting shall be adequate for the electric load
being served. If the electrical load in a building is excessive, the
load shall be required or service shall be increased so as to be adequate.
(g)
Existing wiring and equipment shall be kept in good repair.
(h)
Bathroom. When replacing existing receptacles within six feet
of a sink, a ground fault circuit interrupt protection receptacle
shall be provided.
(i)
Electric garage door openers shall plug directly into an electrical
box. No extension cords shall be permitted.
(4)
Over-current protection devices shall be provided. Under no circumstances
shall the capacity of over-current protection devices exceed the rated
capacity of all connected wiring as determined by the National Electrical
Code.
(5)
No extension cords shall be utilized except in conformity with the
following standards:
(a)
No cords shall be used which are not listed by Underwriters
Laboratories, Inc. Maximum length shall not exceed eight feet and
minimum wire size shall not be less than No. 18 (AWG).
(b)
No extension cord shall be used that is rated for a lower current
carrying capacity than is required by the appliance(s) to which it
is connected.
(c)
No extension cord shall pass under any rug or carpet or across
any path of travel or be used in any other location where it would
create a hazardous condition.
(d)
No frayed, worn or otherwise damaged extension cord shall be
used.
B.
Exterior lighting.
(1)
Illumination of common areas in apartment and condominium complexes
shall be situated so as not to shine into adjacent dwelling units.
(2)
Exterior parking areas, pedestrian walkways or other portions of
the premises in apartment, condominium and townhouse complexes subject
to regular and recurrent use by occupants at night shall be illuminated
continually from 1/2 hour before sunset to 1/2 hour after sunrise,
unless the lighting is connected to a dusk-to-dawn photoelectric device
to enable safe passage of persons of normal vision.
C.
Artificial lighting: multiple dwellings rental complexes.
(1)
All interior common areas on the premises utilized by occupants and
likely to be used by persons frequenting the premises shall be equipped
with lighting so that, during periods of darkness, all such parts
and areas shall be sufficiently illuminated to enable persons of normal
vision to traverse such areas safely and to perform therein the functions
for which the parts or areas are designed.
(2)
Light switches in exitways, including corridors, hallways, landings,
stairways and vestibules, shall be of a type that may not be operated
by occupants or persons frequenting the premises.
(3)
Lighting fixtures, wall plates and other electrical facilities in
bathrooms and toilet rooms shall be of the type or located and maintained
so that there will be no danger of short-circuiting from splashing
of water from any facility therein. No such fixtures shall be located
so as to be reached from a bathtub or shower enclosure.
(4)
Every habitable or occupiable room shall have light available at
all times, with an illumination of at least six footcandles. Such
light shall be measured 30 inches from the floor at the center of
the room.
(5)
Every bathroom and toilet room shall have light available at all
times, with an illumination of at least three footcandles. Such light
shall be measured 30 inches from the floor at the center of the room.
(6)
The foregoing provisions notwithstanding, it shall not be the responsibility
of a multiple dwelling owner to provide lamps or lighting fixtures
in dwelling units other than kitchen and bathroom ceiling or wall
fixtures or to supply replacement bulbs.
A.
Standard of performance. Every unit of rental dwelling space shall
contain facilities to provide heat sufficient to maintain a minimum
inside temperature of 68° F. 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 occupants of any such room when
the outside temperature is at design winter conditions.
B.
Corrective measures. Where the Plainsboro Township Housing Division,
in consultation with the Plainsboro Building Division, determines
that the facilities are of inadequate size or capacity to accomplish
the foregoing, the owner may be ordered to either increase the capacity
of the heating system, provide additional insulation or take such
other or further steps as will enable the heating system of the unit
to satisfy this requirement; provided, however, that nothing herein
shall be construed as authorizing loss of habitable space to an extent
that would create a violation of this chapter.
C.
Standards of maintenance.
(1)
The heating equipment, facilities and system and all parts thereof
shall be kept in good operating condition, free of defects, corrosion
and deterioration at all times.
(2)
Heating equipment shall be installed and maintained in such a manner
as to avoid leakage of or concentration of liquids, gases and solid
matters which may constitute hazards or violations of this chapter.
(3)
Heating equipment shall not be operated in such a manner as to impair
its ability to perform as required hereunder or create a hazard anywhere
in the system due to excessive temperature.
(4)
The heating system, including such parts as heating risers, ducts
and hot water lines, shall be covered with an insulating material
or guard to protect occupants and other persons on the premises from
receiving burns due to chance contact.
(5)
Any pressure relief valve on any type of heating unit shall be connected
to a pipe that discharges either vertically toward the floor to a
maximum distance of four inches from that floor surface or in a manner
conforming to the plumbing subcode of the Uniform Construction Code.
(6)
Furnace rooms which contain gas or oil-fired furnaces and/or hot
water heaters shall not be used for storage of any kind.
(7)
At the time of sale of any residential unit, the Plainsboro Housing
Division may require the seller to provide documentation as to the
maintenance of oil-fired and gas heating units.
D.
Minimum temperature; rental units.
(1)
From October of each year to the next succeeding May 1, every unit
of dwelling space and every habitable room therein shall be maintained
at a temperature of at least 68° F. between the hours of 6:00
a.m. and 11:00 p.m., at least 65° F. between the hours of 11:00
p.m. and 6:00 a.m. The heating system shall be capable of maintaining
the minimum required temperature in the habitable rooms without the
necessity of heating adjoining rooms more than 5° higher than
said minimum required temperature. The design of the heating system
shall conform to the ASHRAE Guide and Data Book.
(2)
In meeting the aforesaid standards, the owner shall not be responsible
for heat loss and the consequent drop in the interior temperature
arising out of action by the occupant in leaving windows or doors
open to the exterior of the building.
(3)
The owner shall be obligated to supply required fuel or energy and
maintain the heating system in good operating condition so that it
can supply heat as required herein, notwithstanding any contractual
provision seeking to delegate or shift responsibility to the occupant
or third person, except that the owner shall not be required to supply
fuel or energy for heating purposes to any unit where the occupant
thereof agrees, in writing, to supply heat to his own unit of dwelling
space and the said unit is served by its own exclusive heating equipment
for which the source of heat can be separately computed and billed.
E.
Space heaters.
(1)
Space heaters shall be so installed, located and maintained so as
to exhaust the products of combustion to the outside air (unless the
appliance is labeled as having been tested and approved for unvented
operation, in compliance with the Uniform Construction Code), to prevent
a fire hazard by being sufficiently removed or insulated from surrounding
material, to be permanently affixed so that the heater cannot be moved
by occupants, and not to constitute a hazard to persons using the
premises in close proximity to the heater by reason of chance contact
or by reason of lack of fresh air supply.
(2)
Space heaters shall be installed in such a manner that all habitable
rooms will be heated to the required temperature.
(3)
Electric and gas space heaters shall be permitted, provided that
they meet standards established by the Underwriters' Laboratories
and shall be used in accordance with the manufacturer's instruction.
F.
Inspection.
(1)
The heating system as herein defined shall be inspected annually:
(a)
To insure that the system is being maintained in accordance
with the standards applicable to the system as of the time of installation.
(b)
To locate and remove hazards or conditions that, if not corrected,
are foreseen to develop into hazards or become violations of these
regulations.
(c)
To confirm the ability of the system to fulfill the heating
requirements provided hereunder.
(2)
Fireplaces, fireplace inserts, wood-burning stoves, and their appurtenances
shall be maintained and inspected in accordance with the manufacturer's
recommendations and NFPA 211. Chimneys shall be inspected and cleaned
annually in accordance with NFPA 211. A Level II inspection shall
be required for the sale or transfer of property. Inspections, maintenance
and repairs shall be conducted by a qualified agency/individual approved
by the Code Official.
(3)
Exception: heating. Owner-occupied single-family residences, townhomes
and condominium units shall be exempt unless sold.
A.
Sufficiency of source and system. Every multiple dwelling 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.
B.
Connection of fixtures. Every kitchen sink, bathroom or toilet room,
sink, basin, tub or shower shall be connected to both hot and cold
water lines and be provided with both hot and cold water.
C.
Hot water. Each building or dwelling unit shall be served by a hot
water heater and hot water distribution system capable of operating
even when the heating system itself is not in operation and of providing
all units of dwelling space and facilities therein requiring hot water
with water at the outlets at a minimum temperature of 120° F.
and a maximum temperature of 140° F., however, bathtubs and showers
shall not exceed 120° F., at all times in accordance with anticipated
need resulting from the number of fixtures and use of the building.
D.
Flow of water. All plumbing fixtures and equipment for the supply
and drainage of running water shall be maintained so that the rate
of flow shall be of sufficient volume and at pressures adequate to
enable them to function properly. The pipes conveying the water shall
be of sufficient size to provide the water required without undue
pressure reduction and without undue noise under all normal conditions
of use.
A.
Natural light.
(1)
Every habitable room shall have at least one window or skylight or
transparent or translucent panel facing the exterior of the premises
directly or through an open porch into the room, equal in area to
at least 8% of the floor area of such room.
(2)
Wherever walls or other portions of a structure or other opaque barriers
face a window surface and are less than three feet distant from such
window surface and where the projected plane of any such wall, surface
or barrier shall obscure more than 1/2 of the window surface, then
such shall not be included in the calculation as contributing to meet
the minimum requirements hereof.
B.
Natural ventilation.
(1)
Every habitable room, bathroom, toilet room or enclosed kitchenette shall have a means of natural ventilation unless there is supplied some other device affording adequate ventilation and exchange of air. Natural ventilation as required hereunder shall be directly to the exterior through an opening of at least three square feet or through a porch having access and exposure to fresh air from the exterior. The total of openable window or skylight area in each such room shall be equal to at least 50% of the minimum window or skylight area required for natural light under Subsection A above.
(2)
Every such window or skylight shall be equipped with the necessary
hardware or other means so that it can be readily opened and closed
by occupants from the interior of the dwelling space.
C.
Mechanical ventilation. Where the required natural ventilation is
not provided, there shall be ventilation by mechanical means, conforming
to the following requirements:
(1)
Kitchens and kitchenettes shall be ventilated by mechanical means
so as to exhaust at least two cubic feet of air per minute per square
foot of floor area directly to the outdoors or by means of a properly
installed and maintained electrically powered nonducted range hood
equipped with an activated charcoal filter for the elimination of
cooking odors.
(2)
Bathrooms and toilet rooms containing only one water closet or urinal
shall be mechanically vented by an exhaust system that exhausts at
least 50 cubic feet of air per minute. Means shall be provided for
air ingress by louvers in the door, by undercutting the door or by
transfer ducts, grilles, or other openings.
(3)
Bathrooms and toilet rooms containing more than one water closet
or urinal shall be mechanically vented by an independent exhaust system
that exhausts at least 40 cubic feet of air per minute per water closet
or urinal.
(4)
Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent
of all other systems and shall be exhausted outside the structure
in accordance with the manufacturer's instructions. Clothes dryers
and dryer ducts shall be cleaned in accordance with the manufacturer's
recommendations. Exception: listed and labeled condensing (ductless)
clothes dryers.
D.
Replacement glazing. All replacement glazing shall conform to the
applicable construction codes of the New Jersey Uniform Construction
Code for glazing requirements for specific hazardous locations.
A.
Storage of occupants' property.
(1)
Any storage area available to or used by occupants in common areas
shall have each space within the area separately designated for each
unit of dwelling space, and a list identifying each such space shall
be retained by the person in charge of the premises or, if the space
is used in common by occupants of more than one unit of dwelling space,
then all items so stored shall bear the identification of the occupant
storing the item or items.
(2)
The owner shall not permit unmarked items to be stored in a common
storage area and shall have a procedure for notifying each tenant,
in writing, before removal and disposal of the same.
(3)
Materials stored in such areas shall be secured against becoming
sources of infestation and shall be protected against fire hazards
caused by ignition from electrical or heating devices or equipment
of similar possible sources of fire.
B.
No smoking signs. Common areas available for or utilized for storage
purposes and public garages shall contain one sign at least one square
foot in area, clearly legible and prominently displayed at or near
the entrance to the space, prohibiting smoking in the area.
C.
Limitations on storage space.
(1)
Storage in common areas shall not cover more than 80% of the overall
floor area and not more than 60% of the cubic content of the storage
area and shall be arranged so that there will be maintained at all
times aisles at least three feet in width.
(2)
Storage shall not be permitted in attic spaces in garden apartments
unless such spaces are designed for such purposes according to the
International Building Code.
D.
Refrigerators and similar equipment. The owner shall first remove
the doors of any refrigerators or other such equipment with exterior
closing devices likely to be hazardous to children, if stored on the
premises.
A.
Mailboxes and directories.
(1)
The owner shall provide and maintain mail receptacles for all occupants,
conforming to all federal postal laws and regulations.
(2)
In multiple dwellings, there shall be identification by name and
unit of dwelling space for each designated occupant, maintained by
the person in charge of the premises or posted at or near the main
entrance of the premises or in the lobby, lounge or mailroom area.
Nothing herein shall be construed as requiring a directory for transient
guests, provided that there is a responsible person on the premises
designated by the owner, known to postal authorities, who shall on
behalf of the owner receive and distribute or make available for pickup
mail for transient guests.
B.
Identification signs.
(1)
Every unit of dwelling space in multiple dwellings shall have some
permanent and legible identification by letter, number or other symbol
at or near the front entrance thereof.
(2)
Floor signs designating the number of the floor shall be posted prominently
and maintained permanent and legible identification by letter, number
or other symbol at or near the front entrance thereof.
(3)
The street number of the premises shall be posted prominently at
the front entrance of the premises and be visible day and night from
the public right-of-way adjoining the main front entrances of the
premises.
(4)
Buildings having three or more units shall have identification posted
prominently at the front entrance of the premises and be visible day
and night from the public right-of-way adjoining the main front entrance
of the premises. Signs shall be of reflective material and bear both
the street number and unit numbers (example: Bldg. 36, 36-01 through
36-24).
A.
Multiple dwellings. The following provisions apply to multiple dwellings:
(1)
Every building entrance door or other exterior door permitting access
to two or more units of dwelling space shall be equipped with heavy
dead latching lockset (series 161, FF-H-106a, minimum, with a minimum
7/8 inch by 5/8 inch with 1/2 inch minimum throw latch bolt with automatic
deadlocking plunger). Outside cylinders of main entrance door locks
shall be operated by the tenant's key, which shall not be keyed
to also open the tenant's dwelling unit entrance door.
(2)
All exit and exitway doors shall be freely openable from the inside
at all times. Double-keyed dead bolts shall be prohibited.
(3)
All exterior entrance doors to common basement, cellar or storage
area shall be self-closing and lockable.
(4)
All entrance doors to dwelling units shall be equipped with a medium-duty
latching lockset (series 160, FF-H106a, minimum, with a minimum 1 1/16
inch by 1/2 inch with 1/2 inch minimum throw latch bolt with automatic
deadlocking plunger) or with a dead bolt lock separate from the latch
set.
(5)
All entrance doors to each dwelling unit shall be equipped with a
chain door guard so as to permit partial opening of the door, and
a viewing device installed on the designated main entrance door to
the dwelling unit, located so to enable a person on the inside or
the entrance door to view a person immediately outside.
(6)
All openable windows, sliding doors, basement windows and windows
opening onto exterior stairways, fire escapes, porches, terraces,
balconies or other areas affording easy access to the premises shall
be equipped with a locking device of some kind.
(7)
Grilles lockable from the inside only may be placed on the inside
or outside of windows only if the windows do not serve to provide
access to exits.
(8)
Every exterior entrance door leading to interior common areas which
provide access to two or more interior dwelling units, entrance doors
shall be self-closing and self-locking doors, shall be kept closed
at all times except when in actual use and shall be equipped with
a viewing device if it would not otherwise be possible to see a person
seeking to enter without opening the door. In addition, the main entrance
door shall be equipped with an electrically operated buzzer and latch-release
system, individual exterior doorbells connected to each dwelling unit,
or an approved alternative security and entrance system. However,
no building shall be equipped with an electrically operated latch-release
system if such building is not also equipped with an intercommunication
system allowing effective communication between a person in any dwelling
unit and a person standing outside of the main entrance door.
(9)
When the main entrance to a building contains a vestibule with doors
at both ends, only the inside set of doors must conform to the security
requirements.
(10)
Buildings with fewer than six dwelling units shall not be required
to have bells in every dwelling unit, provided that there is at least
one exterior doorbell connected so as to ring at least one bell in
the common areas which will be audible in all dwelling units.
(11)
Exposed hinge on building entrance doors and entrance doors
to dwelling units are either to be removed and replaced with hinges
which have nonremovable hinge pins, or altered so that the door would
be protected against being lifted from its hinges by pulling the hinge
pin.
A.
Required facilities. No cooking shall be permitted in any unit of
dwelling space unless there is a provision for the following minimum
cooking and sanitary facilities:
(1)
A kitchen sink of nonabsorbent impervious material and drainboard of appropriate materials, connected to and having available at all times a supply of hot and cold water under sufficient pressure as required under § 55B-16. The kitchen sink shall be connected to a sanitary disposal or sewer system.
(2)
Cooking and preparation of food shall be undertaken only in areas
designated therefor.
(3)
Means of natural ventilation or mechanical ventilation sufficient
to remove promptly cooking odors to the exterior of the premises without
first circulating them within the interior habitable space of the
unit.
(4)
Place for storage of food free from infestation.
(5)
Facilities for refrigeration in good operating condition for protection
of food from spoilage permitting maintenance of temperatures for storage
above 32° and below 50° without regard to outside temperature.
(6)
A cooking facility which, if electrical, is connected with safety
to an electrical system of sufficient capacity, or, if gas, connected
by permanent fixture and tubing to avoid leakage of gas. The use of
gasoline stoves or other similar fuel-burning appliances using highly
flammable liquids and the use of portable kerosene stoves or other
similar fuel-burning portable appliances for cooking is prohibited.
(7)
Cabinets or drawers or other storage areas for utensils, dishes and
other cooking and eating equipment. Cabinets and countertops shall
be in good condition and well maintained.
(8)
Two floor or wall electrical outlets for electrical appliances.
A.
Required facilities.
(1)
Every unit of dwelling space shall contain the following minimum
sanitary facilities:
(a)
A toilet equipped with a flushing mechanism.
(b)
A bathtub or shower or other complete bathing facility.
(c)
A wash basin in the toilet room or within close proximity thereto.
(d)
In dwelling units having more than one room available or used
for sleeping purposes, each such room shall have accessible to it
sanitary facilities directly from the room itself or through any common
portion of the dwelling unit without requiring passage through the
bedroom.
(2)
A complete second set of sanitary facilities shall be required for
any unit of dwelling space with permissible occupancy of eight or
more persons.
(3)
Each toilet and bathing facility shall be located in a separate room
or rooms completely enclosed sides and top and shall be provided with:
(4)
Every bathroom and toilet room shall be of sufficient dimension to
provide 1 1/2 foot clearance in front of each fixture, including
but not limited to toilet, lavatory, bathtub or shower.
(5)
Every toilet, including the toilet seat, wash basin, shower, bath
and other plumbing or sanitary facility forming part of any toilet
room or bathroom shall be maintained in good operating condition at
all times and shall be kept clean and free of material that might
clog the same or impair its operation and shall drain into a sanitary
sewer or other approved sanitary disposal system.
A.
Basements and cellars. Basements and cellars may be used for dwelling
space, provided that:
(1)
The entire area constituting the dwelling unit must comply with all
requirements set forth in this chapter applicable to habitable rooms
or areas and to all requirements set forth in the New Jersey Uniform
Construction Code applicable to rooms and dwelling units in basements
or stories below grade; and
(2)
The floors, ceiling and walls of each unit of dwelling space must
be free of moisture.
B.
Floor area.
(1)
In all dwelling units there shall be a minimum usable floor area
for the initial occupant of 150 square feet and 100 square additional
space for each additional occupant; provided, however, that children
under the age of two shall not be considered additional occupants.
(2)
In every dwelling unit, every room occupied or intended to be occupied
for sleeping purposes by one occupant shall have a minimum usable
floor area of 70 square feet and every room occupied or intended to
be occupied for sleeping purposes by more than one occupant shall
have a usable floor area of at least 50 square feet for each such
occupant; provided, however, that children under the age of two shall
not be considered to be additional occupants.
C.
Prohibited sleeping areas. Kitchens, bathrooms, and toilet rooms
shall not be used for sleeping purposes.
D.
Required ceiling height.
(1)
No room or space or portion of a room or space shall be considered
habitable unless that room or space or portion of a room or space
has a clear ceiling height of at least seven feet, zero inches, except
where a variation has been previously granted by the Construction
Official.
(2)
Read in context with the definition of habitable room and the occupancy
standards found in this chapter, this section requires an attic apartment
to contain at least 150 square feet of floor space having a ceiling
height of seven feet, zero inches and that every attic room have at
least 59 square feet of floor area having a ceiling height of at least
seven feet, zero inches. While additional floor area having less than
seven feet, zero inches, ceiling height is permitted, it cannot be
counted for purposes of determining habitability.
A.
Design requirements.
(1)
Driveways shall have two traffic lanes for their entire length, in
addition to any parking space, except that a single lane may be used
for short straight service driveways where two-way traffic is not
anticipated.
(2)
Buildings, walls, fences, planting and other sight obstructions shall
be so located and designed that a driver backing out of a garage,
carport or parking space can see approaching traffic speed and volume.
B.
Maintenance requirements. Driveways and parking areas shall be maintained
free of potholes or other unsafe or unsanitary conditions.
C.
Parking in approach drives. No parking will be permitted in approach
drives to parking areas where such parking will obstruct ingress of
fire-fighting equipment.
D.
Parking for handicapped residents.
(1)
Any owner of a multiple dwelling with five or more dwelling units
which provides parking to the occupants thereof, and in which a handicapped
person resides, shall provide parking spaces for occupants who are
handicapped located at the closest possible proximity to the principal
accesses of the multiple dwelling.
(2)
A minimum of 1% of the total number of parking spaces provided for
the occupants of the multiple dwelling, but not less than one parking
space, shall be set aside as parking for the handicapped.
(a)
Each space or group of spaces shall be identified with a clearly
visible sign displaying the International Symbol of Access along with
the following words: "This space reserved for physically handicapped
drivers."
(b)
Each reserved space shall be 12 feet wide to allow room for
a person in a wheelchair or on braces or crutches to get in and out
of either side of an automobile onto a level, paved surface suitable
for wheeling and walking and shall be located so that a person in
a wheelchair or using braces or crutches is not compelled to wheel
or walk behind parked cars.
(c)
Where applicable, curb ramps shall be provided to permit a handicapped
person access from the parking area to the sidewalk.
(3)
For purposes of this section, "handicapped" means a physical impairment
which confines a person to a wheelchair; causes a person to walk with
difficulty or insecurity; affects the sight or hearing to the extent
that a person functioning in public areas is insecure or exposed to
danger; causes faulty coordination; or reduces mobility, flexibility,
coordination and perceptiveness to the extent that facilities are
needed to provide for the safety of that person.
A.
Child-protection window guards; when required.
(1)
Except as provided in Subsection A(2) below, the owner or other person responsible for the management or control of a multiple dwelling shall, upon the written request of a tenant of a unit in which a child or children 10 years of age or under reside or are regularly present for a substantial period of time, provide, install and maintain approved child-protection window guards on the windows of the dwelling unit and on any windows of the dwelling unit and on any windows in the public halls of the multiple dwelling.
(2)
The requirements of this chapter shall not apply to any window which
either gives access to a fire escape or is on the first floor, or
the unit that is owner-occupied, is part of a condominium or is held
by a proprietary lessee under a cooperative form of ownership or occupied
by a shareholder in a mutual housing corporation.
(a)
For purposes of this chapter, a window in a room or hallway
shall not be considered to be on the first floor if the finished surface
of the floor of that room or hallway is more than six feet above grade
as measured at the location of the window.
(3)
All leases offered to tenants in multiple dwellings, other than condominium,
cooperative or mutual housing form of ownership, shall contain a clear
and conspicuous notice advising tenants that the owner is required
by law to provide, install and maintain window guards in the apartment
of any who has a child or children 10 years of age or younger living
in the apartment and makes a written request to the owner or manager
to install window guards, and that owner is also required, upon written
request of any such tenant, to provide, install and maintain window
guards in the building hallways to which persons in the tenant's
unit have access without having to go out of the building. A lease
offered to a tenant of a first-floor unit shall not be required to
refer to window guards in the apartment, but only to window guards
in the hallways above the first floor to which persons in the tenant's
unit have access without having to go out of the building.
B.
General installation requirements.
(1)
Window guards shall be installed in accordance with all applicable
requirements of the State Uniform Construction Code, N.J.A.C. 5:23,
and with manufacturer's instructions.
(2)
Any window guard installed on an emergency egress window shall be
releasable or removable from the inside without use of a key, tool
or excessive force. For purpose of this chapter, an "emergency egress
window" is any window in a sleeping room located on the second or
third floor, other than a window providing access to a fire escape.
(3)
Any window guard installed on a window that is not an emergency egress
window, including any window in a unit located above the first floor
that is not a sleeping room, shall be designed, constructed and installed
so that it cannot be removed, opened or dislodged without the use
of a key or tool; provided, however, that no window guard shall be
installed on any window giving access to a fire escape.
C.
Specifications for window guards.
(1)
Window guards shall be constructed as to reject the passage of a
solid four-inch sphere at every space and interval.
(2)
Window guards shall bear a 150-pound load at center span when extended
to maximum width or shall meet the performance tests of ASTM F2006-00
or ASTM F2090-01a, incorporated herein by reference.
(3)
Window guards shall be constructed of metal or of other material
of comparable strength and durability. The diameter or width of metal
rods used in the guards shall not exceed 1/2 inch.
(4)
Window guards shall be constructed and installed so as to serve their
intended purpose without any risk of collapse, breakage, spreading
of the bars or other malfunction.
(5)
In a room, window guards shall be of at least a height sufficient
to allow a total openable window area, for all windows in the room,
of not less than 4% of the floor area of the room. In a public hallway,
window guards shall protect the full openable area of each window.
(6)
Guards shall be securely fastened in order to bear the required load.
(7)
All window guards shall be installed as to prevent the lower window
from being raised four inches or more above the lowest section of
the top horizontal bar of the window guard. Where necessary, rigid
metal stops shall be installed securely in the upper tracks of each
side of the bottom window. Screws used to mount window guards and
stopping devices shall be:
(8)
The coating of all guards shall be unleaded.
(9)
Guards shall be installed only in sound (nonrotting) mountings or
tracks.
(10)
Window guards installed prior to November 20, 1995, shall be accepted as being in conformity with this chapter if they were designed and installed in accordance with the rules and specifications established by the New York City Department of Health and if such installation is not in violation of § 55B-25B of this Code. Window guards installed on or after November 20, 1995, that are so constructed as to reject the passage of a solid four-inch sphere at every space and interval and are otherwise designed and installed in accordance with the rules and specifications established by the New York City Department of Health, and not in violation of § 55B-25B of this Code, shall be accepted as being in conformity with this chapter.
D.
Additional specifications for window guards for other than double-hung
windows.
(1)
Window guards intended for casements, sliders and other types of
combinations of windows in which the height of the openings is not
subject to limitation shall be of such size as to fill the entire
aperture, and shall reject passage of a solid four-inch sphere at
every space or interval.
(2)
Except as otherwise provided in Subsection D(3) below, sliding windows and vertical pivoting windows may be equipped with stopping devices in place of window guards as follows:
(a)
For sliding windows, solid metal blocks, measuring at least
1/2 the depth of the window track and 1/2 the width, shall be securely
fastened into the bottom and upper window tracks to prevent the window
from opening four inches or more.
(b)
For vertical pivoting windows, metal stopping devices shall
be securely fastened to the upper and lower window frames so as to
prevent the window from pivoting open four inches or more. The height
of the stopping devices shall extend no less than one inch nor more
than two inches beyond the window frame as needed to stop the window.
The protruding edge of the stopping device shall be smooth and rounded.
(3)
Use of such stopping devices in lieu of window guards shall be allowed within dwelling units only where they do not preclude meeting the requirement, as per § 55B-17B, that the total operable window and/or openable skylight area in each room be equal to at least 4% of the floor area of the room.
E.
Prohibited acts. No person shall obstruct or interfere with the installation
of child-protection window guards required under P.L. 1995, c. 120,
and under this chapter, nor shall any person remove or otherwise render
ineffective such window guards; provided, however, that the owner
or the representative of the owner may remove window guards from an
unoccupied unit or, with the consent of the tenant, from a unit in
which no child 10 years of age or under resides.
B.
Penalty.
(1)
Any person who violates the prohibited uses provision shall be liable
to a penalty of not less than $50 nor more than $500 for each violation
and a penalty of not less than $500 nor more than $5,000 for each
continuing violation.
(2)
Where any violation of Subsection A of this section is of a continuing nature, each day during which such continuing violation remains unabated in any order or notice by the Plainsboro Housing Division in any order or notice for the correction or termination of such continuing violation, shall constitute an additional separate and distinct violation except during the time on arbitration or appeal from said order may be taken or is pending.
A.
One- and two-family or attached single-family dwellings shall comply
with N.J.A.C. 5:70-4.19 prior to sale or lease, or otherwise made
subject to a change of occupancy for residential rental purposes.
B.
Multiple-family dwelling units shall comply with the following prior
to a change of occupancy for residential purposes:
(1)
Single- or multiple-station smoke alarms shall be installed and maintained
in multiple dwellings in accordance with the manufacturer's instructions
and the following:
(a)
On the ceiling or wall outside of each separate sleeping area
in the immediate vicinity of bedrooms and, where required, on the
ceiling or wall within each sleeping area.
(b)
In each story within a dwelling unit, including basements but
not including crawl spaces and uninhabitable attics. In dwellings
or dwelling units with split levels and without an intervening door
between the adjacent levels, a smoke alarm installed on the upper
level shall suffice for the adjacent lower level, provided that the
lower level is less than one full story below the upper level.
(2)
Smoke alarms shall not be installed in the following locations unless
this would prevent placement of a smoke alarm in a location required
herein:
(a)
Ionization smoke alarms shall not be installed less than 20
feet horizontally from a permanently installed cooking appliance.
(b)
Ionization smoke alarms with an alarm-silencing switch shall
not be installed less than 10 feet horizontally from a permanently
installed cooking appliance.
(c)
Photoelectric smoke alarms shall not be installed less than
six feet horizontally from a permanently installed cooking appliance.
(d)
Installation near bathrooms. Smoke alarms shall be installed
not less than five feet horizontally from the door or opening of a
bathroom that contains a bathtub or shower unless this would prevent
placement of a smoke alarm required herein.
(3)
At the request of a tenant of a unit in which a person who is deaf
or hearing-impaired resides, the owner shall provide and install a
visual-alarm-type smoke detector or smoke alarm for that unit or,
in the case of a rooming house or boardinghouse resident, for that
resident's sleeping area.
(4)
In dwelling units, approved ten-year sealed battery-powered single-station
alarms shall be installed.
(a)
Exception: ten-year sealed battery-powered single-station alarms
are not required when the dwelling unit is provided with a single-
or multiple-station smoke alarm receiving primary power from the building
wiring, provided that such wiring is served from a commercial source
and shall be equipped with a battery backup.
C.
Maintenance of single- and multiple-station smoke alarms. Single-
and multiple-station smoke alarms shall be tested and maintained in
accordance with the manufacturer's instructions. Smoke alarms
that do not function shall be replaced. Smoke alarms shall be replaced
not more than 10 years from the date of manufacture marked on the
unit, or shall be replaced if the date of manufacture cannot be determined.
D.
Responsibility. The owner of any vacant rental dwelling unit shall
be responsible for maintaining and replacing the batteries as needed
in battery-powered smoke detectors and provide power in vacant units
equipped with hard-wired smoke detectors.
E.
Carbon monoxide alarms shall be installed and maintained in full
operating condition in the following locations:
(1)
Carbon monoxide detection equipment shall be installed in the immediate
vicinity of each sleeping area in any dwelling unit that contains
a fuel-burning appliance or that has an attached garage.
(2)
Dwelling units which do not themselves contain a fuel-burning appliance
or have an attached garage, but which are located in a building with
a fuel-burning appliance or an attached garage, need not be provided
with single-station carbon monoxide detection equipment, provided
that:
(a)
The dwelling unit is located more than one story above or below
any story which contains a fuel-burning appliance or an attached garage;
(b)
The dwelling unit is not connected by ductwork or ventilation
shafts to any room containing a fuel-burning appliance or an attached
garage and the building has a common area carbon monoxide alarm system
with all common area detectors connected to an approved supervisory
station or other approved local visual and audible supervisory signal;
and
(c)
Individual detection equipment is located in every room adjacent
to the room(s) containing a fuel-burning appliance; and
[1]
In every corridor, hall or lobby adjacent to such room(s);
[2]
In the immediate vicinity of any ventilated shaft, including,
but not limited to, stair shafts, elevator shafts, ventilation shafts
on the story containing the fuel-burning appliance; and
[3]
On any story within two stories above or below the story containing
the fuel-burning appliance;
(d)
The building is provided with a supervised carbon monoxide detection
system. Individual detectors shall be located in every room containing
a fuel-burning appliance. All such detectors shall be connected to
an approved supervisory station. Carbon monoxide and fire alarms may
be incorporated into a common monitored system.
(3)
Carbon monoxide alarms shall be manufactured, listed and labeled
in accordance with UL 2034 and shall be installed in accordance with
the requirements of this chapter and NFPA 720. Carbon monoxide alarms
shall be battery operated, hard-wired or of the plug-in type.
(4)
At the request of a tenant of a multiple-dwelling unit in which a
person who is deaf or hearing-impaired resides, the owner shall provide
and install a visual-alarm-type carbon monoxide detector for that
unit.
F.
Emergency escape openings. Required emergency escape openings shall
be maintained in accordance with the code in effect at the time of
construction, and the following. Required emergency escape and rescue
openings shall be operational from the inside of the room without
the use of keys or tools. Bars, grilles, grates or similar devices
are permitted to be placed over emergency escape and rescue openings,
provided that the minimum net clear opening size complies with the
code that was in effect at the time of construction and such devices
shall be releasable or removable from the inside without the use of
a key, tool or force greater than that which is required for normal
operation of the escape and rescue opening.
