The Building Inspector and/or the Code Enforcement Officer of
the Township of Pemberton and/or the Burlington County Public Health
Officer of the Burlington County Health Department be and they are
hereby designated as the officers to exercise the powers prescribed
by the within chapter and they shall serve in such capacity without
any additional salary.
Pursuant to N.J.S.A. 40:49-5.1, the New Jersey State Housing
Code, as approved by the Department of Community Affairs and filed
with the Secretary of State, is hereby accepted, adopted and established
as a standard to be used as a guide in determining whether dwellings
in this municipality are safe, sanitary and fit for human habitation
and rental. A copy of the New Jersey State Housing Code is incorporated
by reference into this chapter and one copy of the same has been placed
on file in the office of the Township Clerk and is available to all
persons desiring to use and examine the same.
The Director of Community Development is hereby authorized and
empowered to make and adopt such written rules and regulations as
he may be deemed necessary for the proper enforcement of the provisions
of this chapter; provided, however, that such rules and regulations
shall not be in conflict with the provisions of this chapter nor in
anywise alter, amend or supersede any of the provisions thereof. Prior
to issuance, the Director of Community Development shall forward a
copy to the Township Business Administrator and thereafter file a
certified copy of all rules and regulations in the office of the Township
Clerk. The following housing requirements shall be enforced:
A. Cellars and basements. No cellar area or any part thereof shall be
used for sleeping purposes. Basements may be used for sleeping purposes,
provided that the entire basement complies with all requirements of
this chapter, that all furnaces or other heating or hot-water facilities
are so located, insulated and separated from living areas by resistive
partitions of two-hour fire rating, that fire extinguishers are provided
at an accessible location in proximity thereto for use in case of
fire and that the floors, ceilings and walls are impervious to leakage
of underground and surface runoff water and are insulated from and
free from dampness and moisture.
B. Heat. Every dwelling unit shall have heating facilities which are
properly installed, maintained in good and safe working condition
and capable of safely and adequately heating all applicable rooms,
bathrooms and water closets located therein to a temperature of at
least 70° F. when the outside temperature is 0° F. The temperature
shall be read at a height of three feet above floor level at the center
of the room.
[Amended 8-16-2023 by Ord. No. 34-2023]
C. All heating facilities located on the same floor with sleeping or
living facilities shall be separated from said sleeping or living
facilities by a fire-resistant wall.
D. Lighting and ventilation.
(1) Every habitable room shall have at least one window or skylight facing
directly to outdoors, which shall be of sufficient size and location
so that, when combined with artificial lighting and ventilating devices,
said room will be fit for human occupancy, in accordance with the
minimum standards hereinafter set forth with respect to lighting and
ventilation.
(2) Means of ventilation shall be provided for every habitable room.
Such ventilation may be provided by an easily operable window or skylight,
or by other acceptable means, which will provide at least two air
changes per hour.
(3) Means of ventilation shall be provided for every bathroom or water
closet compartment. Such ventilation may be provided by an easily
operable window or skylight or by other acceptable means which will
provide at least six air changes per hour.
E. Kitchen. Every dwelling unit in which the regular preparation of
meals is to be accomplished must be equipped with a means of natural
ventilation or mechanical ventilation sufficient to promptly remove
cooking odors to the exterior of the premises.
F. Maintenance.
(1) Every foundation, floor, wall, ceiling, door, window, roof or other
part of a building shall be kept in good repair and capable of the
use intended by its design, and any exterior parts or part thereof
subject to corrosion or deterioration shall be kept well painted.
(2) Every inside and outside stairway and porch and appurtenance thereof
shall be so constructed as to be safe to use and capable of supporting
the load that normal use may cause to be placed thereon and kept in
sound condition and good repair. Every stairway having three or more
steps shall have a handrail per code.
(3) Every porch, balcony, roof and/or similar place higher than 30 inches
above the ground used for egress or for use by occupants shall be
provided with adequate railings. Such protective railings shall be
properly balustraded and shall not be less than three feet in height.
(4) 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.
(5) Every foundation, floor and wall shall be free from chronic dampness.
(6) Every dwelling unit shall be free from rodents, vermin and insects.
Rodents or vermin extermination and rodent proofing or vermin proofing
may be required by the inspecting officer or the Board of Health.
[Amended 8-16-2023 by Ord. No. 34-2023]
(7) Every dwelling unit shall be clean and free from garage or rubbish
and other hazards to safety. Lawns, hedges, trees, brushes, and other
forms of vegetation shall be kept trimmed and shall not be permitted
to become overgrown and unsightly. Fences shall be kept in good repair.
[Amended 8-16-2023 by Ord. No. 34-2023]
(8) The Housing Officer, Code Official or Board of Health may issue an
order to clean, repair, paint, whitewash or paper such walls or ceilings
when a wall or ceiling in a dwelling has deteriorated so as to provide
a harborage for rodents or vermin, or when such wall or ceiling has
become stained or soiled or where the plaster wallboard has become
loose or badly cracked or missing.
G. Fire protection. Each dwelling unit shall contain a fire extinguisher
on every floor or portion thereof used as a residential dwelling.
These should be kept in a designated location in a condition which
will permit efficient operation without delay.
[Amended 8-16-2023 by Ord. No. 34-2023]
H. Smoke detector required. In addition to the requirements for a certificate
of occupancy-transfer set forth above, smoke detectors shall also
be provided in each dwelling unit in compliance with N.J.A.C. 5:18-2.20.
Smoke detectors shall be installed as follows:
(1) On each level of the premises.
(2) Outside of each separate sleeping area. The smoke detectors required
in all Use Group R-3 dwellings shall be located in accordance with
NFPA 74 and maintained in working order.
(3) The smoke detectors shall not be required to be interconnected. Smoke
detectors may be battery powered and shall be listed in accordance
with ANSI/UL217.
(4) A/C powered smoke detectors shall be accepted as meeting the requirements
of this section.
(5) Wireless smoke detectors and carbon monoxide detectors shall be accepted
as meeting the requirements of this section.
Complaints or orders issued by the Director of Community Development or Housing Officer pursuant to §
115-6 shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by said Housing Officer in the exercise of reasonable diligence, the said Housing Officer shall make an affidavit to that effect. The serving of such complaints or orders upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the Township of Pemberton. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order, and a copy of such complaint or order shall be duly recorded or lodged for record with the county recording officer of the county in which the dwelling is located.
No person shall occupy as owner-occupant or rent to another
for occupancy any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of the New Jersey
State Housing Code established hereby as the standard to be used in
determining whether a dwelling is safe, sanitary and fit for human
habitation.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be liable for fines and penalties in accordance with the provisions outlined in §
145-37.