Each official position created in §
12-1 hereof shall be filled by a person qualified for such position pursuant to the State Uniform Construction Code and N.J.A.C. 5:23, Construction Code Regulations, provided that in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to the Construction Code Regulations. More than one such official position may be held by the same person, provided that such person is qualified, pursuant to the State Uniform Construction Code and the Construction Code Regulations, to hold each such position.
The following employees of the Department shall
be appointed by the Mayor and confirmed by the Council:
B. Building Subcode Official.
C. Plumbing Subcode Official.
D. Electrical Subcode Official.
E. Fire Protection Subcode Official.
F. Such other subcode officials for such additional subcodes
as the Commissioner of the Department of Community Affairs shall require.
G. Such number of assistant construction officials, assistant
subcode officials, plan reviewers, inspectors, trainees and/or clerks
as the Mayor and Council shall deem necessary.
All employees of the Department shall comply
with the provisions of the State Uniform Construction Code and the
Construction Code Regulations related to conflict of interest.
Employees of the Department shall be compensated pursuant to Chapter
86 of the Code of the Borough of Fanwood.
The Construction Official and subcode officials shall have those powers and perform those duties provided for in the State Uniform Construction Code and the Construction Code Regulations. Other employees of the Department shall have those powers and perform those duties delegated to them by the Construction Official not inconsistent with the Construction Code Regulations.§
12-8.
The public shall have the right to do business
with the Department at the Borough Hall, except for emergencies and
unforeseen or unavoidable circumstances. The offices shall be open
at hours posted, and the Central Permit Office is established at the
Borough Hall.
All appeals from decisions by the Department
shall be filed with the Union County Construction Board of Appeals
in accordance with the provisions of the State Uniform Construction
Code and the Construction Code Regulations.
[Amended 4-11-2001 by Ord. No. 01-04R]
A. Notwithstanding anything herein to the contrary, the
State Uniform Construction Code and the Construction Code Regulations
shall govern in the event of any conflict.
B. In the event the Department of Community Affairs determines
the need to add, increase, or delete any of the aforementioned fees,
the fee schedule for the Department of Inspectors for the Borough
of Fanwood shall be automatically adopted and the new fees be implemented
accordingly, and published in the official Borough newspaper.
[Added 8-21-2023 by Ord. No. 23-12-R]
A. Inspections and standards. The housing/multiple dwelling state inspection
officer is authorized and empowered to inspect all rental dwelling
units offered for rent to determine the condition thereof, and to
order the repair or alteration of any deficiencies found by him or
brought to his attention, in order to safeguard the health, safety
and welfare of the occupants and the general public. Violations of
the Code shall be specified in writing and provide a time frame for
repair of same. The standards established by the New Jersey Housing
Code (N.J.A.C. 5:28) shall apply. In addition to the standards set
forth in the New Jersey Housing Code, the following shall apply:
(1) Parking: Parking at all rental dwelling units shall be governed by
the standards set forth in N.J.A.C. 5:21-4. 14.
(2) Occupancy: Occupancy at all rental dwelling units shall be governed
by the standards set forth in N.J.A.C. 5:10-22.3.
(3) Lead-Based Paint Inspection. Inspections for lead-based paint in
rental dwellings units shall be governed by the standards set forth
in N.J.S.A. 52:27D-437.1 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 certified to be free of lead-based paint;
(b)
Was constructed 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 single-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; or
(e)
Has a valid lead-safe certification.
B. Required inspections.
(1) Inspections:
(a)
General inspection: The owner, landlord and/or agent of every
rental dwelling unit offered for rental shall be required to have
an inspection of the facility done by the housing/multiple dwelling
state inspection officer prior to the rental thereof. The housing/multiple
dwelling state 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 units
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.
(2) Notice: Whenever any rental dwelling is scheduled for a change in
occupancy, the then-current owner shall provide written notice to
the housing/multiple dwelling state inspection officer that an inspection
is needed at least 20 days' prior to the scheduled change.
(3) Time for inspections: All inspections and re-inspections shall take
place within 10 working days of the requested inspection. Inspection
fees shall be paid prior to the inspection. No inspections or re-inspections
shall take place unless all fees are paid. Scheduled inspections or
re-inspections may be canceled by the Borough unless the completed
application and required fees have been received 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.
(4) Fees for inspection:
(a)
Visual lead assessment inspection: CO inspections on rental
properties built before 1978 will include the visual lead assessment
inspection as well as the CACO fee.
(b)
Lead base paint dust wipe 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.
Alternatively, a dwelling owner of 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
the requirements of Sec. 22-346(c)(1)(b), in which case no additional
lead-based paint inspections fee shall be paid.
[Added 8-21-2023 by Ord. No. 23-11-R]
A. No building or structure shall be occupied or used in whole or part
unless and until a certificate of approval for continued occupancy
has been issued by the Director of Housing The Director of Housing
shall not issue such certificate unless he or she determines, after
inspection, that there are no violations of any applicable laws, ordinances
or orders pending at the time of issuing the certificate. The certificate
shall be issued upon written request from the owner or his authorized
agent.
B. A certificate of approval for continued occupancy shall be applied
for and obtained prior to the use or occupancy of the whole or any
part of any building undergoing a change in ownership; undergoing
a change of occupancy, except that this provision shall not apply
to a change in the occupancy of less than the whole number of dwelling
units contained within a building containing more than one dwelling
unit when the change of occupancy of such dwelling unit or units occurs
within 90 days of the issuance of a prior certificate of approval
for continued occupancy for such unit or units. Upon receiving an
application for a certificate of approval for continued occupancy,
the Director of Housing or the authorized representative shall make
an inspection of the building or part thereof for which the certificate
is requested and shall forthwith issue the certificate of approval
for continued occupancy if the use and occupancy thereof shall be
in conformity with the Fanwood Borough Code or other applicable ordinances
of the Borough and if the building is safe and does not constitute
a nuisance or hazard likely to result in injuries to persons or damages
to property; in case the Director of Housing shall decline to issue
a certificate of approval for continued occupancy, his or her reasons
for doing so shall be stated to the applicant, and a written statement
thereof shall be transmitted to the applicant on request.
C. A certificate of approval for continued occupancy shall be issued
to any person having a proprietary or tenancy interest who shall be
held responsible for any violations on the premises. A record of all
certificates shall be kept on file by the Construction Code Official,
and copies shall be furnished to any person having a proprietary or
tenancy interest in the building affected.
D. Fee for certificate of approval for continued occupancy.
(1) A fee of $175 shall be charged and paid to the Borough for each original
certificate of approval for continued occupancy for private property,
except that the fee for a certificate of approval for a structure
containing more than one habitable unit shall be $175 per unit and
$1 for each copy thereof. If the property is a rental and was built
before 1978, the fee will be $200 per unit.
[Amended 10-2-2023 by Ord. No. 23-13-R]
(2) A fee of $200 shall be charged and paid to the Borough for each original
certificate of approval for continued occupancy for commercial property
with a $1 charge for each copy thereof.
E. Temporary certificate of approval for continued occupancy. If, in
the opinion of the Director of Housing, a time period is required
to conform with the requirements as set forth in the inspection of
said structure or dwelling, a temporary certificate of approval for
continued occupancy may be issued by the Supervisor for a period of
no less than 30 days nor more than 120 days. The fee shall be $175
per unit for private property and $200 per unit for commercial property.
F. Any owner-occupant of a building, structure or premises, or any architect, builder, contractor, agent or other person employed in connection therewith, who violates this section or assists in the commission of such violation shall be subject to the penalty set forth in §
12-10 of this chapter.
G. Alarm signaling device.
(1) Every dwelling unit, prior to the issuance of a certificate of occupancy
or certificate of continued occupancy, shall have installed therein
and maintained thereafter an approved products of combustion detection
alarm system or device, except that any system or device sensitive
only to heat shall not be approved.
(2) Alarm signaling devices shall be so located as to be clearly audible
in all areas utilized or designated for sleeping purposes when all
intervening doors are closed.