As used in this article, the following terms shall have the
meaning indicated:
A documents issued by the building inspector, to the owner
of a new building, home, or residential structure, which: 1) the completed
project meets the conditions of the construction permit; 2) has obtained
and conforms to all prior approvals and has been constructed substantially
in accordance with the building code(s) and with those portions of
the plans and specifications controlled by the code(s); 3) all required
fees have been paid in full; 4) all necessary inspections have been
completed and the completed project meets the requirements of the
building code(s); 5) all protective devices and equipment required
to be installed buy the building code(s) are operational as required
by the building code(s).
Includes but is not limited to any one or more family dwelling
structure, all apartments, or portions of apartments in any apartment
house or residential structure and all rooms in a motel, hotel, and/or
other place of public accommodation. The term shall also include a
unit in a condominium or cooperative.
As used in this article, the word "occupant" refers to any
person or entity that desires to act as the primary resident, licensee,
tenant, subtenant, lessee, sublessee, or the person who in any way
permits occupancy of any portion of real property for remuneration
of any kind.
Any individual, partnership, firm, corporation, holding company,
foreign corporation, limited-liability company or any other entity,
whether or not incorporated in this or any other state or country,
including any real estate broker or real estate agent or any representative
or employee of the foregoing.
Document issued by the building inspector to a person regarding
an existing building, home or residential structure which all necessary
inspections have been completed and the completed project meets the
requirements of the regulations, which is not a newly constructed
dwelling, but will have new occupants, tenants, or owners.
A.
Certificate of occupancy/resale or rental certificate. No property
owner and/or landlord shall authorize resale occupancy or rent, leave,
sublet, or permit residual stay, pursuant to a tenancy or a use and
occupancy, transfer title to a new owner, new co-tenants, or a new
co-owner, in any new or previously constructed residential dwelling
unit or structure within the Borough of Cresskill unless that person
or entity shall have first obtained either a certificate of occupancy,
or resale and/or rental certificate.
B.
If a demolition permit is issued the building or structure shall
remain unoccupied.
The provision of § 207-2A herein, shall also apply to any nonresidential leases, transfer of title, etc., or by any other use not specifically enumerated herein.
A.
New construction. Certificate of occupancy shall only be issued when
either there is newly constructed building addition or for new construction.
B.
Resale or rental of existing structure. Every property owner or landlord
as a condition to resale or rental, shall request and obtain from
the construction official, an "inspection certificate" and not a certificate
of occupancy.
C.
This section shall apply to each and every residential structure
as described herein and to each and every dwelling unit as described
herein within the Borough and shall include all single and multiple
dwellings and premises on which a building is located and is used
for human occupancy.
(1)
Rooming houses exempt. Licensed rooming houses that are annually
examined and licensed by the Borough shall be exempt from the rental
portions of this section only, provided that they keep an accurate
register giving true names and addresses of all persons occupying
any rooms for any period of time.
(2)
Effect on other municipal ordinances. Nothing contained in this section
shall exempt any of the dwelling or buildings or parts of buildings
covered by this section from full and complete compliance with any
other provisions of any other ordinance or ordinances of the Borough
of Cresskill, as the same may be applicable.
The recipient of an inspection certificate shall permit the
occupancy of a dwelling unit by a tenant, not previously occupying
the respective dwelling unit.
An inspection is required for the issuance of the "inspection
certificate" which shall be conducted within 10 days after receipt
of the written request and payment of fees by the owner or landlord.
A.
Inspection certificates shall not be required within six months after
the issuance of a certificate of occupancy for a new dwelling unit,
unless the dwelling unit is sold within 12 months from the issuance
of the certificate of occupancy; or
B.
When a new lease is tendered to an existing tenant, or is deemed
a statutory holdover tenant, an inspection certificate shall not be
required.
A.
Prior to the rental, transfer of title or occupancy of any dwelling
house or houses, or any other dwelling unit or units provided for
in this section, application for a certificate of occupancy, resale
and/or rental certificates, permitted occupancy shall be made, in
writing to the construction official of the Borough of Cresskill by
that person, persons, firm or corporation, agent, or representative,
as set forth in subsection herein, and consent shall be given therewith
unto the construction official to enter upon and examine the dwelling
house or houses and dwelling unit or units and the building or buildings
wherein the same may be situated, for which the application is applied
for.
B.
All applications for certificates defined herein, shall be made in
writing and shall state the name and address of the owner of the dwelling
house or houses, the dwelling unit or units, and the building or structure
wherein the units are situated; and the name and address of the owner-occupant
or tenant-occupant or any other occupant of the same structure; and
also the name and address, if a sale or transfer of title, of the
seller, transferor, buyer and the new proposed owner-occupant or any
other purpose occupant; and shall further state the name and address
of the renting or sales agent, if any, and shall describe the premises
to be occupied, including the street address, and a designation of
the portion or portions of the premises or structures for which the
specific application is being made and the specific room or rooms
in the premises to be occupied for sleeping purposes and the number
of persons to occupy each sleeping room.
Permits and approvals are required for any recent construction
and all open permits must be deemed "closed" before an inspection
certificate inspection may be scheduled.
A.
The building inspector or his agent shall conduct an inspection of
the premises to ensure compliance with applicable municipal ordinances
and rules and regulations affecting the use and occupation of all
such dwellings including but not limited to, houses and multifamily
structures. The inspection shall also require compliance with, but
not limited to, the following regulations:
(1)
Furnace/boiler flue connections: properly sealed vent connectors
at chimney.
(2)
Water heater/mechanical equipment: require a permit to replace and
must have an inspection with an approved sticker affixed to the exterior
of the unit.
(3)
Sump pumps: must be discharged to the exterior and cannot be attached
to sanitary sewer line.
(4)
Anti-tip brackets: must be installed on kitchen stoves if required
by the manufacturer.
(5)
Kitchen hood/microwave exhaust ducts: must be rigid, not flexible,
where required by the manufacturer.
(6)
All electrical outlets/switches/junction boxes/panels: must be properly
covered, no wires exposed or hanging.
(7)
Lamp cords: cannot be used on fixed appliances (e.g. garage openers,
wall-installed A/C Units).
(8)
Handrails: must be installed on four or more risers.
(9)
Guards must be installed on landings 30 inches above floor/grade
and on open basement stairs.
(10)
Garage walls/ceilings adjacent to dwelling must be sheet rocked.
(11)
Pool/pool gates and fencing: there can be no deviation from
original fence installation, gates must swing out, be self-closing,
and latching, and have latches 54 inches above grade, aboveground
pools in non-fence compliant yards must be 48 inches high with code
compliant ladders. Exterior hot tubs shall have approved latches or
conform to all municipal and state building and codes.
(12)
Lawn and bushes must be neatly trimmed.
B.
No certificates of occupancy, resale, and/or rental certificate permitting
occupancy shall be issued unless there is full and complete compliance
with all of the foregoing, unless otherwise specified, in writing,
by the construction official or his designee.
C.
The fee for such inspection shall be the below, payable to the Borough
of Cresskill. Twenty-five dollars shall be remitted to the construction
official upon verification of inspection and issuance of a certificate
of occupancy.
The inspection is visual only. It shall not be considered a
UCC building inspection and is not and shall not be deemed a guarantee
or warranty of any kind.
A.
Any person, persons, partnership, firm, corporation, holding company,
foreign corporation, limited-liability company or any other entity,
whether or not incorporated in this or any other state or country,
including any real estate broker, or real estate agent, or any representative
or employee of any of the foregoing, who in any manner knowingly fails
to fully comply with the terms and requests of this chapter and who
is part of any transaction resulting in the violation(s) of any of
the withing section shall be deemed to have violated this chapter
and is subject to the penalties stated herein for violation of the
Ordinance, unless and until a certificate of occupancy, resale, and/or
rental certificate permitting occupancy as described herein have been
issued.
B.
All violations of this section by any person or persons, partnership,
for or corporation or any agents or representatives, as provided herein,
whether the person is the owner of the premises the agent of any party
or the tenant or the occupant or occupants, shall be deemed separate
and distinct violations for each and every day that said violations
may continue, and all parties violating this chapter shall be deemed
jointly and severally liable for any and all such violations. For
each and very violation committed, in violation of this section, violators
shall be subject to penalty of not less than $1,000 per day, per each
violation.
A.
A certificate of occupancy, or inspection certificate for resale,
and/or rentals shall permit occupancy under the terms of this chapter,
and shall only be issued by the construction official, without the
necessity of approval by the governing body of the Borough of Cresskill.
The fee for issuance of such certificate, as provided herein as follows:
B.
All fees and penalties noted herein may be modified by resolution.
All buildings or structures or dwelling houses or dwelling units
for which application shall have been filed pursuant to this chapter
shall fully comply with all other municipal ordinances and/or requisite
municipal requirements for the structures or units. The construction
official or his designee shall be required to specify the corrections
to be made to the premises for the certificate to be issued.
All owners or renting agents of real estate or person or persons
applying for a certificate, as provided herein, shall advise the construction
official of a reasonable time or times that the inspection may be
made and have someone present to assist and provide entry for the
inspection purposes. The construction official shall issue or deny
the certificate within 10 working days after entry is provided, if
the property is compliant with this chapter, the construction code
official shall issue the appropriate the certificate.
No tenant, owner or occupant shall sublease, sublet, transfer
title (except as provided herein), permit the use or the occupancy
of the dwelling house, dwelling unit, swimming pool, or structure
provided for herein without following the procedures set forth and
required by this chapter, nor shall any real estate broker or agent
or representative of any of the foregoing permit any violation of
this section.
Inspections for lead-based paint in rental dwelling units shall
be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et
seq., and N.J.S.A. 55:13A-1 et seq. A dwelling unit in a single-family,
two-family, or multiple rental dwelling shall not be subject to inspection
and evaluation for the presence of lead-based paint hazards if the
unit:
A.
Has been formally certified to be free of lead-based paint.
B.
Was construction during or after 1978.
C.
Is in a multiple dwelling that has been registered with the Department
of Community Affairs as a multiple dwelling for at least 10 years,
either under the current or a previous owner, and has no outstanding
lead violations from the most recent cyclical inspection performed
on the multiple dwelling under the "Hotel and Multiple Dwelling Law,"
P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
D.
Is a singly-family or two-family seasonal rental dwelling which is
rented for less than six months duration each year by tenants that
do not have consecutive lease renewals.
A.
General inspection: the owner, landlord and/or agent of every rental
dwelling unit offered for rent shall be required to have an inspection
of the facility done by the lead inspection officer prior to the rental
thereof. The rental inspection officer shall inspect every rental
dwelling unit prior to any occupancy or re-occupancy of the dwelling.
B.
Lead-based paint inspection: The owner, landlord and/or agent of
every single-family, two-family, and/or multiple dwelling unit offered
for rental shall be required to obtain an inspection of the unit for
lead-based paint hazards every three years, or at tenant turnover,
whichever is earlier.
Whenever any rental dwelling unit is scheduled for a change
in occupancy, the then current owner shall provide written notice
to the rental inspection officer that an inspection is needed at least
20 days prior to the scheduled change.
All inspections and reinspection shall take place within 10
working days of the requested inspection. Inspection fees shall be
paid prior to the inspection. No inspections or reinspection shall
take place unless all fees are paid. Scheduled inspections or reinspection
may be canceled by the Borough at least 24 hours prior to the scheduled
inspection or on the last working day prior to the scheduled inspection.
Every inspection where the landlord, tenant, owner or agent has failed
to provide access for inspection shall be deemed a failed inspection.
In addition to the general inspection fees due pursuant to this
section, an additional fee in the amount of $200 shall be paid for
each lead-based paint inspection, plus the state fee of $20. Alternatively,
a dwelling owner or landlord may directly hire a private lead evaluation
contractor who is certified to provide lead paint inspection services
by the Department of Community Affairs to satisfy all statutory and
regulatory requirements, in which case no additional lead-based paint
inspection fee shall be paid, in this case an administrative fee of
$40 shall be collected along with the $20 state fee, deposited to
the Lead Hazard Control Assistance Fund.
