Editor's Note: For licensing provisions for contractors and builders, see Chapter 4, Section 4-10.
[1978 Code § 9-1.1]
a.
There is hereby established in the Township a State Uniform Construction Code enforcing agency to be known as the Construction Inspection Office, consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Fire Protection Subcode Official, and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the enforcing agency.
b.
Each official position created in paragraph a hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c.217, as amended, and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person; provided that such person is qualified pursuant to P.L. 1975, c.217 and N.J.A.C. 5:23, to hold each such position.
c.
The public shall have the right to do business with the enforcing agency at the Municipal Building, 65 Main Street, from 8:30 a.m. to 10:30 a.m. Monday through Friday, except for holidays, emergencies and unforeseen or unavoidable circumstances.
[Ord. No. 970 § 1]
The Sussex County Construction Board of Appeals as established pursuant to N.J.A.C. 5:23A-1.1 et seq., shall serve as the Appeal Board for any decisions made by the Township's Uniform Construction Code Enforcing Agency.
[1978 Code § 8-6; § 9-1.3; Ord. No. 604; Ord. No. 638; Ord. No. 712; Ord. No. 736; Ord. No. 780; Ord. No. 815; Ord. No. 843, § 1; Ord. No. 01-03 §§ 1 - 3; Ord. No. 05-17 §§ 1, 2; Ord. No. 08-24 § 4; Ord. No. 09-03 § 1; Ord. No. 12-14 § 1; Ord. No. 2016-19 § 3; amended 11-22-2022 by Ord. No. 22-16; 12-10-2024 by Ord. No. 2024-20]
a.
The fees for construction permits shall be as follows:
1.
Plan review:
(a)
The fee for plan review shall be 20% of the amount to be charged for the construction permit and shall be paid before the plans are reviewed. The amount paid for this fee shall be credited towards the amount of the fee to be charged for the construction permit and shall not be refundable.
(b)
Issued permits with no activity for 12 consecutive months shall be considered abandoned. No refunds will be provided.
2.
Building subcode: The building subcode fees shall be:
New construction (for all use groups except use groups S-1 and S-2) | $0.033 |
New construction S-1 and S-2 use groups: | |
Up to 100,000 cu. ft. per cu. ft. | $0.019 |
Over 100,000 cu. ft. per cu. ft. | $0.011 |
New construction is subject to a minimum fee of: | |
For principal structure | $110 |
For accessory structure | $50 |
Additions to existing structures per cu. ft. | $0.033 |
Subject to a minimum fee of | $50 |
Alterations/renovations/repairs per $1,000 of cost: | |
For costs up to $50,000 | $25 |
For costs from $50,000 to $100,000 | $13 |
For costs exceeding $100,000 | $11 |
Addition of open unroofed deck per $1,000 of cost | $25 |
Subject to a minimum fee of | $80 |
R3 or R4 or R5 re-roof or re-side | $80 |
Combination of additions and alterations/renovations/repairs shall be computed separately applying the sum of the above schedule; subject to the same minimum fee | |
Pools: | |
Private: | |
Above ground | $100 |
Below ground-includes fence | $250 |
Certificate of occupancy | $20 |
Public: | |
Less than 25,000 gallons capacity | $198 |
In excess of 25,000 gallons capacity | $396 |
Certificate of occupancy | $85 |
All structures for which volume cannot be computed, shall be computed as follows: | |
Under 35 feet in height - per $1,000 of cost | $20 |
Subject to minimum fee of | $40 |
Exceeding 35 feet in height - per $1,000 of cost | $25 |
Subject to minimum fee of | $110 |
Solid fuel burning device | $120 |
3.
Plumbing subcode: The plumbing subcode fees shall be:
(a)
Per fixture or stack except as elsewhere noted: $25.
(For the purpose of computing this fee, fixtures or stacks shall include but not be limited to lavatories, kitchen sinks, slop sinks, sinks, urinals, water closets, bathtubs (excluding whirlpool type). Shower stalls, laundry tubs, floor drains, leaders, roof drains, drinking fountains, dishwashers, water heaters, air cooled air condition or refrigeration units, clothes washers, or similar devices.)
(b)
Special devices as listed herein: $75.
Grease interceptors, oil separators, water cooled air condition or refrigeration units, public or private water or sewer utilities, steam or water boilers, whirlpool type bathtubs, sewer ejectors, storm sewer, lawn sprinkler systems, reduced pressure backflow preventers, gas piping, water conditioners.
(c)
Minimum plumbing subcode fee: $80.
5.
Fire protection subcode: The fire protection subcode fees shall be:
(a)
Sprinkler systems and smoke and heat detectors.
(1)
One to 20 heads or detectors: $91.
(2)
Twenty-one to 100 heads or detectors: $168.
(3)
One hundred one to 200 heads or detectors: $321.
(4)
Two hundred one to 400 heads or detectors: $831.
(5)
Four hundred one to 1,000 heads or detectors: $1,150.
(6)
Over 1,000 heads or detectors: $1,469.
In computing fees for heads and detectors the number of each shall be counted separately and two fees, one for heads and one for detectors shall be charged. |
(b)
Standpipes: The fee for each standpipe shall be $163.
(c)
Pre-engineered systems: The fee for each independent pre-engineered system shall be $129.
(d)
Kitchen exhaust system: The fee for each kitchen exhaust system shall be $65.
(e)
Suppression systems (other than water) per $1,000 of cost $42.
Subject to a minimum fee of $42.
(f)
Manual alarm systems: The fee for a manual alarm system shall be $60.
(g)
Appliances: The fee for each gas or oil fired appliance which is not connected to the plumbing system shall be $50.
(i)
Chimney liners: The fee for wood burning chimney lines is: $75.
Wood burning fireplace of insert fee is: $75.
7.
Demolition:
(a)
The fee for a demolition permit for a structure less than 5,000 square feet and less than 30 feet in height for one- or two-family residences (use groups R-3 and R-4) and all structures on farms regardless of height, used exclusively for storage of feed or grain or sheltering of livestock shall be $75.
(b)
The fee for all other demolition permits shall be $125.
8.
Moving/relocation:
(a)
The fee for a permit for removal of one building from one lot to another or to another location on the same lot shall be in the amount of $25 per $1,000 of the estimated cost of moving, plus the estimated cost of new foundation and all work necessary to place the building in its completed condition in the new location.
9.
Signs:
(a)
Advertising signs shall be computed on the basis of square footage of surface area. Double faced signs shall be computed on one side only:
Per sq. ft. $1.
Subject to minimum fee of $80.
10.
Temporary structures:
(a)
The fee for all temporary structures (tents, air supported structures, trailers, etc.) shall be $80.
11.
Permit update: The administrative fee for updating permits shall be $50.
13.
Variation: The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $423 for class I structures and $85 for class II and class III structures. The fee for resubmission of an application for a variation shall be $163 for class I structures and $46 for class II and class III structures.
14.
Certificate of occupancy/approval:
(a)
The minimum fee shall be $250 except for one- or two-family (use group R-3, R-4 and R-5) structures of less than 5,000 square feet in area and less than 35 feet in height and structures on farms (regardless of height) used exclusively for storage of food or grain or sheltering of livestock, for which the minimum fee shall be $100.
(b)
Change of use of occupancy fee: $250.
(c)
Certificate of continued occupancy fee: $250.
(d)
There shall be no fee for a temporary certificate of occupancy: $0.
(e)
Certificate of approval fee: $0.
(f)
Certificate of occupancy for R-3, R-4 or R-5 additions or alterations: $100.
15.
All fees shall be rounded to the nearest dollar amount.
16.
Waiver of fees:
(a)
The Township of Sparta waives all construction code fees subject to exceptions set forth herein for the following entities:
(1)
Sparta Township Fire Department.
(2)
Sparta Township Ambulance Squad.
(3)
Charitable, philanthropic, fraternal, and religious nonprofit organizations holding a tax exempt status under the Federal Internal Revenue Code of 1954 (26 U.S.C. Section 501 (c) or (d)).
(4)
Those entities set forth in Section 52:27D-16C of the Uniform Construction Code Act.
(5)
The within waiver shall not apply to Department of Community Affairs Training Fees and private enforcing agency fees.
17.
Training fees:
(a)
In order to provide for the training and certification and technical support programs required by the New Jersey Uniform Construction Code, the Township shall collect a surcharge fee which shall be forwarded to the Department of Community Affairs of the State of New Jersey.
(b)
This fee shall be computed in accordance with N.J.A.C. 5:23-4.19.
18.
Unlisted fees: Construction fees not specifically listed in this schedule shall be as listed in N.J.A.C. 5:23-4.20.
19.
Mechanical subcode.
Mechanical inspections (replacement):
Fee for replacement or new installation of: | |
|---|---|
Oil or gas-fired stove or fireplace, water heater, boiler, furnace, air conditioning unit, pool heater and similar devices, oil and propane tanks, oil or gas lines and chimney liners in existing R-3, R-4 and R-5 structures | $75 |
For each additional appliance on same permit (no additional fee for gas, fuel oil or water piping connection to appliance) | $75 |
20.
HVACR work.
Commercial HVACR duct work: Up to 4,500 square feet in area: | $100 |
Above 4,500 square feet: | $150 |
Heating and cooling units: First 10 tons: | $100 |
Each additional ten (10) tons: | $65 |
b.
Building permits must be obtained before any work is commenced involving new construction, additions or alterations to existing structures and repairs or maintenance to existing structures (other than exterior or interior painting or redecoration).
[1978 Code § 9-1.4]
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Township Manager biannually a report recommending a fee schedule based on the operating expenses of the agency, and any other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.
[1978 Code § 9-1.6]
In the event any Township ordinance or portion thereof, or prior resolution, shall be inconsistent with the provisions of this section or the State Uniform Construction Code Act, the same are hereby repealed.
[1]
Editor's Note: Former subsection 12-1.6, Intermunicipal Service Agreement for Electrical Inspectors, previously codified herein and containing portions of Ordinance No. 05-16, was repealed in its entirety by Ordinance No. 12-14.
[1978 Code § 9-4.1; Ord. No. 583 § 1]
This section may be known and may be cited as "The Building Numbering Regulations of the Township of Sparta" and is referred to herein as "this section."
[1978 Code § 9-4.3; Ord. No. 583 § 3]
The purpose of this section is to insure that buildings in the Township have been incorporated within the numbering system of the Township and may be so identified by emergency vehicles.
[1978 Code § 9-4.4; Ord. No. 583 § 4]
All structures which have been assigned a street number from the Tax Assessor's office of the Township shall display such numbers in such a manner that they may be readily visible from the street to individuals driving the legal speed limit of such street, to both directions of traffic. Specifically, no numbers shall be less than three inches in height nor less than 1 1/2 inches in width and will be black on a light background or white on a dark background. They shall be displayed on a free standing post, fence post, mailbox, lamp post, or similar structure at the right or left side of the driveway or pedestrian walkway to the residence. Such structure must be within 10 feet of the driveway/walkway and within 10 feet of the roadway. All businesses shall have the aforementioned numbers displayed on the front wall of the building. Brass or metallic numbers, alpha characters, and Roman numerals are not to be used to satisfy this requirement but may be used as a secondary means of identification at the discretion of the homeowner or business owner.
[1]
Editor's Note: Former Section 12-3, Swimming Pools, previously codified herein and contacting portions of 1978 Code §§ 15-1.1 through 15-1.7 was repealed in its entirety by Ordinance No. 01-03.
[Amended in entirety 4-9-2024 by Ord. No. 2024-03. History includes 1978 Code § 9-2; Ord. No. 1005; Ord. No. 07-14.]
[Amended 4-9-2024 by Ord. No. 2024-03]
The provisions of this section shall constitute the standards to guide the Public Officer or his agents in determining the fitness of a building for human habitation, use, or occupancy.
[Amended 4-9-2024 by Ord. No. 2024-03]
The words, terms or phrases listed below for the purpose of this section shall be defined and interpreted as follows.
The Sussex County Health Department and the Township of Sparta Code Enforcement Officer and/or Construction Official, or a designee appointed by the Township Manager, which is authorized to administer the provisions of this section.
Any building or structure, or part thereof, used for human habitation, use, or occupancy and includes any accessory buildings and appurtenance belonging thereto or usually enjoyed therewith.
A building or structure or part thereof containing one or more dwelling units or lodging units.
Any room or group of rooms or any part thereof located within a building and forming a single habitable unit with facilities which are used, or designed to be used for living, sleeping, cooking, and eating.
The animal and vegetable and other organic waste resulting from the handling, preparation, cooking and consumption of food.
A room or enclosed floor space within a dwelling unit used or designed to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets, and storage spaces.
The presence, within or around a building, of any insects, rodents, or other pests.
Sussex County Health Department organized for the purpose of providing health services, administered by a full-time health officer and conducting a public health officer program pursuant to law.
Any building, or that part of any building containing one or more lodging units, each of which is rented by one or more persons not related to the owner.
A rented room or group of rooms, containing no cooking facilities, used for living purposes by a separate family or group of persons living together or by a person living alone, within a building.
Any person or persons in actual possession of, and living in the building or dwelling unit, including the owner.
Any person properly authorized to exercise powers of, or for an owner of property for purposes of its purchase, sale, use, occupancy, or maintenance.
Shall be given the same meaning as defined in N.J.S.A. 1:1-2, as may be amended.
And include all installed receptacles or devices which are supplied with water or which receive or discharge liquid waste or sewage into the drainage system with which they are directly or indirectly connected.
The officer(s) of the Sussex County Health Department or the Township of Sparta who are authorized to exercise the powers prescribed by this section.
And include all combustible and noncombustible waste material, except garbage.
And include electric, gas, heating, water and sewerage services, and equipment therefor.
[Amended 4-9-2024 by Ord. No. 2024-03]
a.
Every dwelling unit and lodging house shall be provided with a safe supply of potable water meeting the standards as set forth in the New Jersey Safe Drinking Water Act regulations (N.J.A.C. 7:10-1 et seq.) published by the New Jersey Department of Environmental Protection.
b.
The source of such water supply shall be approved by the New Jersey Department of Environmental Protection and/or the local health agency.
c.
The minimum rate of flow of hot or cold water issuing from a faucet or fixture shall not be less than one gallon per minute.
[Amended 4-9-2024 by Ord. No. 2024-03]
a.
Every dwelling unit shall contain a kitchen sink of nonabsorbent impervious material, at least one flush type water closet, a lavatory, and a bathtub or shower, available only for the use of occupants of that dwelling unit.
b.
Every lodging house shall be provided with a minimum of one flush type water closet, lavatory, and a bathtub or shower for every eight persons or part thereof.
c.
Every water closet, lavatory, and bathtub or shower for each dwelling unit or lodging house shall be accessible from within the building without passing through any part of any other dwelling unit or lodging unit and in a lodging house shall be located no farther than one floor above or below the lodging units served. Such water closet, lavatory and bathtub or shower shall be contained in a room or rooms which are separated from all other rooms by walls, doors, or partitions that afford privacy.
d.
Every plumbing fixture shall be connected to water and sewer systems approved by the New Jersey Department of Environmental Protection and/or the local health agency, and shall be maintained in good working condition.
e.
Every kitchen sink, lavatory, and bathtub or shower required by this section shall be connected to both hot and cold water lines.
f.
Every dwelling shall have water heating facilities which are installed and maintained in good and safe working condition, connected with the hot water lines required under the provisions of paragraph e above, and capable of delivering water at a minimum temperature of not less than 120° F. and at a maximum temperature of not more than 140° F. at all times in accordance with anticipated need.
[Amended 4-9-2024 by Ord. No. 2024-03]
a.
Garbage or other organic waste shall be stored in watertight receptacles of metal or other approved material. Such receptacles shall be provided with tight fitting covers. At least one approved type garbage receptacle shall be provided for each dwelling unit, in accordance with N.J.A.C. 5:28-1.12(i).
b.
Rubbish shall be stored in receptacles of metal or other approved material. At least one rubbish receptacle shall be provided for each dwelling unit, in accordance with N.J.A.C. 5:28-1.12(i).
c.
Rubbish that does not include materials determined by local ordinance to be recyclable may be stored together with garbage in an approved type garbage receptacle, unless otherwise provided by ordinance. Recyclable materials shall be stored separately from non-recyclable materials.
[Amended 4-9-2024 by Ord. No. 2024-03]
a.
Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window or skylight area measured between stops, for every habitable room shall be 8% of the floor area of such room. Whenever walls or other portions of structures face a window of any habitable room and are located less than three feet from the window and extended to a level above that of the ceiling of the room, such a window shall not be included in calculating the required minimal total window area.
b.
Every dwelling shall be provided with electric service.
c.
Every habitable room shall contain at least two separate wall type electric convenience outlets, or one such convenience outlet and one ceiling or wall type electric light fixture. Every such outlet and fixture shall be maintained in good and safe condition, and shall be connected to the source of electric power. No temporary wiring shall be used except extension cords which run directly from portable electric fixtures to convenience outlets, and which do not lie under rugs or other floor coverings nor extend through doorways, transoms, or other openings through structural elements.
d.
Every portion of each staircase, hall, cellar, basement landing furnace room, utility room, and all similar non-habitable space located in a dwelling shall have either natural or artificial light available at all times, with an illumination of at least two lumens per square foot (two foot-candles) in the darkest portions.
e.
Every portion of any interior or exterior passageway or staircase common to two or more families in a dwelling shall be illuminated naturally or artificially at all times with an illumination of at least two lumens per square foot (two foot-candles) in the darkest portion of the normally traveled stairs and passageways. In dwellings comprising two dwelling units such illumination shall not be required at all times if separate switches, convenient and readily accessible to each dwelling unit, are provided for the control of such artificial light by the occupants thereof.
f.
Every bathroom and water closet compartment shall have either natural or artificial light available at all times, with an illumination of at least three lumens per square foot (three foot-candles). Such light shall be measured 36 inches from the floor at the center of the room. Artificial lighting shall be controlled by a wall switch so located as to avoid danger of electrical hazards.
[Amended 4-9-2024 by Ord. No. 2024-03]
a.
Means of ventilation shall be provided for every habitable room. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least 50% of the minimum window area or minimum skylight area as required in N.J.A.C. 5:28-1.6(a), or by other means acceptable to the Administrative Authority which will provide at least two air changes per hour.
b.
Means of ventilation shall be provided for every bathroom or water closet compartment. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least 50% of the minimum window area or minimum skylight area as required in N.J.A.C. 5:28-1.6(a), or by other means acceptable to the Administrative Authority which will provide at least six air changes per hour.
[Amended 4-9-2024 by Ord. No. 2024-03]
a.
Every dwelling shall have heating facilities which are properly installed, maintained in good and safe working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments located therein to a temperature of at least 68° 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.
b.
Every space heater, except electrical, shall be properly vented to a chimney or duct leading to outdoors, unless the appliance is labeled as having been tested and approved for unvented operation, in compliance with the State Uniform Construction Code. Unvented portable space heaters that burn solid, liquid, or gaseous fuels shall be prohibited.
[Amended 4-9-2024 by Ord. No. 2024-03]
a.
Every dwelling, dwelling unit, or lodging unit shall have safe and unobstructed means of egress. Such means of egress shall not be through any other dwelling unit or part thereof and shall lead to a safe and open space at ground level accessible to a street.
b.
A room used for sleeping purposes under the provisions of N.J.A.C. 5:28-1.11(d) shall be provided with a safe and unobstructed means of egress leading directly to an outside area accessible to a street.
c.
There shall be not fewer than two independent exits remote from each other from every floor of a building greater than two stories in height having more than two dwelling and/or lodging units.
[Amended 4-9-2024 by Ord. No. 2024-03]
a.
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 part or parts thereof subject to corrosion or deterioration shall be kept well painted.
b.
Every inside and outside stairway, every porch, and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair. Every stairway having three or more steps shall be properly banistered and safely balustraded.
c.
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 or parapets. Such protective railings or parapets shall be properly balustraded and be not less than three feet in height.
d.
Every roof, wall, window, exterior door, and hatchway shall be free from holes or leaks that would permit the entrance of water within a dwelling or be a cause of dampness.
e.
Every foundation, floor, and wall of a dwelling shall be free from chronic dampness.
f.
Every dwelling shall be free from rodents, vermin and insects. Rodent or vermin extermination and rodent proofing and vermin proofing may be required by the local health agency. Rodent and vermin extermination shall be carried out in accordance with N.J.A.C. 5:28-1.12(k). Every openable window, exterior door, skylight, and other opening to the outdoors shall be supplied with properly fitting screens in good repair from May 1st until October 1st of each year. Such screens shall have a mesh of not less than No. 16.
g.
Every building, dwelling, dwelling unit and all other areas of the premises shall be clean and free from garbage or rubbish and hazards to safety. Lawns, hedges and bushes shall be kept trimmed and shall not be permitted to become overgrown and unsightly. Fences shall be kept in good repair.
h.
The Public Officer may order the owner to clean, repair, paint, whitewash, or paper such walls or ceilings, when a wall or ceiling within a dwelling has deteriorated so as to provide a harborage for rodents or vermin, or when such a wall or ceiling has become stained or soiled, or the plaster, wallboard, or other covering has become loose or badly cracked or missing. Nothing in this subsection shall be so construed as to place upon the nonresident owner responsibilities for cleanliness contained in N.J.A.C. 5:28-1.12(f).
i.
Every water closet compartment floor and bathroom floor shall be so constructed and maintained as to be reasonably impervious to water so as to permit such floor to be kept in a clean condition.
[Amended 4-9-2024 by Ord. No. 2024-03]
a.
Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the base of total habitable room area.
b.
Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof.
c.
At least 1/2 of the floor area of every habitable room shall have a ceiling height of at least seven feet. The floor area of that part of any room where the ceiling is less than five feet shall not be considered as part of the floor area in computing the total floor area in the room for the purpose of determining the maximum permissible occupancy thereof.
d.
A room located in whole or in part below the level of the ground may be used for sleeping provided that the walls and floors thereof in contact with the earth have been damp-proofed in accordance with a method approved by the Administrative Authority; and provided that all requirements otherwise applicable to habitable rooms generally are satisfied.
[Amended 4-9-2024 by Ord. No. 2024-03]
a.
No owner or occupant shall cause any services, facilities, equipment, or utilities which are required under this section to be removed from, shut off, or discontinued in any occupied dwelling let or occupied by him or her, except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during temporary emergencies when discontinuance of service is authorized by the Public Officer. In the event that any service or utility which the owner has agreed to supply is discontinued, the owner shall take immediate steps to cause the restoration of such service or utility.
b.
The owner of a dwelling located in an area found by the Public Officer to be infested by rats, insects, or other vermin shall carry out such rat stoppage, vermin proofing, or other means of preventing infestations of said dwellings as may be required by the local health agency.
c.
No owner shall occupy or let to an occupant any vacant dwelling unit or lodging unit unless it is clean and sanitary.
d.
Every owner of a dwelling containing two or more units or lodging units shall be responsible for maintaining in a clean and sanitary condition the common areas of the dwellings and premises thereof.
e.
It shall be the responsibility of the owner, unless otherwise provided for under lease agreement, to provide for the orderly maintenance of the premises. The storage of objects or materials not covered in paragraphs g and h below, or not otherwise prohibited by municipal ordinance shall be done in an orderly manner so as to not constitute a health, safety, or fire hazard.
f.
Every occupant of a dwelling shall keep in a clean and sanitary condition every part of the dwelling which he or she occupies and controls.
g.
Every occupant of a dwelling unit shall dispose of all of his or her garbage, and any other organic waste which might provide food for rodents, by placing it in the garbage disposal facilities or garbage storage receptacles required by N.J.A.C. 5:28-1.5(a).
h.
Every occupant of a dwelling unit shall dispose of all of his or her rubbish in a clean and sanitary manner, by placing it in the rubbish containers required by N.J.A.C. 5:28-1.5(b) and (c).
i.
In dwellings containing no more than three dwelling units, it shall be the responsibility of the occupant of each dwelling unit to furnish the receptacles outside the dwelling unit as are needed for the storage of garbage and rubbish until removal from the premises. In lodging houses, and in dwellings containing four or more dwelling units, it shall be the responsibility of the owner to furnish such receptacles outside the lodging units or dwelling units as are needed for the storage of garbage and rubbish until removed from the premises.
j.
Every occupant of a dwelling unit in a dwelling containing no more than three dwelling units shall be responsible, unless provided for otherwise under a lease agreement, for the periodic removal of all garbage and rubbish from the premises each week in accordance with such regulations of this Municipality for the collection of garbage and rubbish.
k.
Every occupant of a dwelling comprising a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his or her dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a ratproof or reasonable insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the common parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.
l.
Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
m.
In dwellings containing two or more dwelling units having a common source of heat for domestic hot water, it shall be the responsibility of the owner to make provision for the proper operation of such facilities at all times.
n.
Every owner of a dwelling, who permits to be occupied any dwelling unit or lodging unit therein under any agreement, expressed or implied, to supply or furnish heat to the occupants thereof, shall supply heat adequate to maintain therein a minimum inside temperature in all habitable rooms, bathrooms, and water closet compartments of 68° F. between the hours of 6:00 a.m. and 11:00 p.m., and 65° F. between the hours of 11:00 p.m. and 6:00 a.m., from October 1 of each year to the next succeeding May 1.
o.
In the absence of a contract or agreement to the contrary, an owner shall be obligated to provide heat whenever heating facilities are under the control of the owner or whenever two or more dwelling units or lodging units are heated by a common facility.
p.
The owner shall be responsible for compliance with all provisions of this section not specified as the responsibility of occupants.
[Amended 4-9-2024 by Ord. No. 2024-03]
a.
Each tenant-occupied residential building constructed before 1978 shall be subject to the requirements for lead-safe maintenance contained in this section. All such buildings shall undergo a combined inspection and risk assessment, and lead hazard control work in accordance with paragraph b below or shall comply with the requirements for standard treatments contained in paragraph c below. Following the performance of lead hazard control work or standard treatments, all buildings shall be subject to the requirements for on-going evaluation and maintenance contained in paragraph d below.
1.
The requirements of this section shall not apply to:
(a)
Buildings, dwelling units or common areas that have been certified to be free of lead-based pain in accordance with N.J.A.C. 5:17;
(b)
A seasonal rental unit which is rented for less than six months' duration each year; or
(c)
A dwelling unit that has been certified has having a lead-free interior in accordance with N.J.A.C. 5:17.
b.
Inspection, risk assessment and lead hazard control work: A combined inspection and risk assessment shall be performed in accordance with the applicable provisions of N.J.A.C. 5:17. Data collected from a previous inspection or risk assessment may be used. If a property or portions of a property were inspected for lead-based paint prior to May 16, 2005, a risk assessment shall be performed for the property or portions inspected; however, a new inspection shall not be required. For purposes of this section, "risk assessment" shall exclude testing of soil. For purposes of this section, "floors" shall include both carpeted and uncarpeted surfaces.
1.
Lead hazard control work to address lead-based paint hazards identified in the risk assessment shall be conducted in accordance with the applicable provisions of N.J.A.C. 5:17 for lead-based paint abatement and in accordance with the U.S. Department of Housing and Urban Development rules (24 C.F.R. 35) for interim controls, 24 C.F.R. 35.1330, incorporated herein by reference.
2.
Following the performance of an inspection and risk assessment and any necessary lead hazard control work, the owner shall obtain a certification that the property is free of lead-based paint hazards issued in accordance with N.J.A.C. 5:17-3.6.
c.
Standard treatments: If the owner chooses not to have an inspection and risk assessment performed, as described in paragraph b above, the following lead hazard control requirements shall be followed for each dwelling unit and for all common areas. For each such building, the owner shall undertake periodic standard treatments as described below.
1.
Standard treatments for lead safety shall be undertaken at unit turnover, unless they were undertaken less than 12 months before. Standard treatments shall be undertaken not less than once every 12 months in dwelling units where the owner has been notified by a tenant that a pregnant woman or a child under the age of six years resides.
2.
Standard treatments shall include the following:
(a)
Smooth and cleanable horizontal surfaces shall be provided. All horizontal surfaces, such as floors, stairs, interior window sills and window troughs, that are rough, pitted or porous, shall be covered with a smooth, cleanable covering or coating, such as metal coil stock, plastic, polyurethane or linoleum;
(1)
If carpet is to remain, wipe samples shall be collected from the carpeted surfaces. For test results that indicate lead levels above the clearance levels specified in N.J.A.C. 5:17, the carpet shall be removed.
(i)
If carpet is to be removed and replaced with new carpet, the padding beneath the contaminated carpet shall also be replaced and the floor below shall be tested and shall not exceed the clearance levels set forth in N.J.A.C. 5:17.
(b)
Conditions of rubbing, binding, friction or crushing of painted surfaces shall be corrected;
(c)
Specialized cleaning shall be performed in accordance with paragraphs (c)(1) through (c)(3) below.
(1)
The work area shall be vacuumed with a HEPA vacuum cleaner as follows:
(i)
HEPA vacuuming shall be sequenced to avoid passing through rooms already cleaned. The entryway shall be vacuumed last; and
(ii)
In each room, vacuuming shall begin with the ceiling and shall proceed down the walls. Every surface shall be vacuumed including, but not limited to, ceiling, walls, windows, window sills, exterior sills, window wells, doors, heating and air conditioning equipment, fixtures, such as light fixtures, and built-in appliances. Floors shall be the final surface vacuumed.
(2)
The work area(s) shall be wet washed with a detergent solution such as trisodium phosphate, formulated to bind lead. An original, marked container showing the nature of the formula and any necessary precautions shall be available at the work site. The name of the product used and its manufacturer shall be included in the records retained by the owner.
(3)
When dry, the abated area(s) shall be HEPA vacuumed again, following the sequence in paragraphs (c)(1)(i) and (ii) above; and
(d)
Maintenance staff trained in accordance with N.J.A.C. 5:28-2.1(g) or a lead evaluation firm certified in accordance with N.J.A.C. 5:17 shall perform dust wipe sampling per N.J.A.C. 5:17-9.1, Table 9.1 for Single Surface Wipe Samples, if standard treatments are performed that disturb painted surfaces that total two square feet or more in any one interior room space, or 10% or more of the total surface area of an interior component with a small surface area, including, but not limited to, window sills, baseboards or trim. The results shall not exceed the levels established in N.J.A.C. 5:17.
d.
On-going evaluation and maintenance, as described below, shall be required for all buildings.
1.
A visual examination for deteriorated paint shall be performed by the owner at unit turnover or every 12 months, whichever comes first.
2.
Deteriorated paint and the causes of deterioration shall be promptly and safely repaired in accordance with the requirements of paragraph (a) below.
(a)
Painted surfaces shall be made intact by paint stabilization, enclosure, encapsulation or removal.
(b)
The causes of paint deterioration shall be diagnosed and corrected.
(c)
Dust wipe testing shall be performed in accordance with paragraphs (1) through (4) below when the work is complete to ensure that the lead dust levels do not exceed the lead hazard levels established by N.J.A.C. 5:17. If the level exceeds the lead hazard level established by N.J.A.C. 5:17, cleaning and retesting shall be performed until the results of testing demonstrate lead levels below the standard.
(1)
Dust wipe sampling shall be performed following the first 20 maintenance activities. Ninety-five percent of these samples taken shall meet the clearance levels set forth at N.J.A.C. 5:17.
(2)
If the 95% accuracy level is reached, dust wipe sampling shall be performed following 5% of maintenance activities performed and samples shall be ordered on a random basis. A 95% accuracy level shall be maintained.
(3)
If the accuracy level falls below 95% or if a 95% accuracy level was not achieved following the first 20 maintenance activities, dust wipe sampling shall be performed following all maintenance activities until the 95% accuracy level is reached.
(4)
Property owners shall be required to maintain records of all dust wipe sampling performed.
e.
The following concern exterior surfaces:
1.
The requirements set forth in paragraphs a through d above shall apply to stairwells, porches, balconies, entryways, and windows.
2.
For all other exterior surfaces, lead-safe work practices, in accordance with paragraph i below, shall be used for any work to be undertaken, unless the paint has been tested and not found to be lead-based paint.
f.
The following concern recordkeeping:
1.
A record of testing performed and any certificate issued by a certified evaluation firm indicating that the building or any portion thereof is lead free shall be maintained for the life of the structure.
2.
A record of all testing, visual examinations, findings and corrective action taken, including the date(s) and location(s) of any sampling performed and of corrective actions taken, shall be maintained for not less than five years and shall be made available upon request for review by the enforcing agency having jurisdiction. This shall include a record of:
(a)
Inspections, risk assessments and lead hazard control work performed pursuant to paragraph b above;
(b)
Standard treatments undertaken pursuant to paragraph c above;
(c)
On-going evaluation and maintenance undertaken pursuant to paragraph d above;
(d)
Any certificates issued to the building owner by a certified lead evaluation firm;
(e)
Tenant notification required pursuant to paragraph h below; and
(f)
Any reports of deteriorated paint received from tenants and documentation of the owner's responses pursuant to paragraph h below.
3.
A record of the training in safe building maintenance practices of each individual as required by paragraph g below shall be maintained by the owner as long as that individual is involved in the maintenance of the building and shall be made available upon request for review by the enforcing agency having jurisdiction.
g.
Training requirements are as follows:
1.
All owners or employees of the owner performing visual examinations or undertaking corrective action or maintenance work shall complete a one-day training course on safe building maintenance practices and applicable New Jersey law offered by a training provider accredited by the Department of Health and Senior Services. Courses approved for this purpose shall include:
(a)
The Lead-Based Paint Maintenance Training Program, "Work Smart, Work Wet, and Work Clean to Work Lead Safe," prepared by the National Environmental Training Association for EPA and HUD;
(b)
"The Remodeler's and Renovator's Lead-Based Paint Training Program," prepared by HUD and the National Association of the Remodeling Industry;
(c)
Lead Safety for Remodeling, Repair and Painting: A Joint EPA-HUD Course; or
(d)
Any other course that the Department finds to be substantially equivalent.
2.
Owners or employees of the owner shall not perform dust wipe sampling unless they have completed a State-certified course in accordance with this section or a HUD-approved clearance technician course (for example, the course developed by EPA, "Lead Sampling Technician ('HUD Clearance Technician') Training Course").
h.
Tenant notification and owner response requirements are as follows:
1.
Owners shall distribute a pamphlet developed by the Department prior to commencement of repair work that will disturb more than two square feet of lead-based pain, unless the tenant has received the pamphlet within the last 12 months.
2.
Owners shall post a notice advising tenants to report deteriorated paint and shall respond to any reported problem within 30 days. The notice shall include the landlord's name, address, and telephone number.
(a)
If an owner has received notice from a tenant that there is a pregnant woman or a child under the age of six years residing in the unit or, with regard to any problem reported in a common area, in the building, the owner shall correct any conditions of deteriorated paint within one week of the tenant complaint.
(b)
In buildings where there is no central location for posting notices or where notices are likely to be defaced or removed without authorization, the owner shall provide each tenant with a copy of such a notice.
i.
Lead-safe work practices: All work undertaken to repair or stabilize deteriorated paint and any other work that will disturb painted surfaces shall comply with the following:
1.
Occupant protection and worksite preparation shall be performed in accordance with the applicable provisions of U.S. Department of Housing and Urban Development rules, 24 C.F.R. 35.1345, incorporated herein by reference.
2.
The following work practices shall be prohibited:
(a)
Open flame burning or the use of high temperature (in excess of 1,100° F.) heat guns;
(b)
Power sanding or sandblasting, unless a special HEPA (high efficiency particulate air) filter equipped vacuum attachment is used to contain dust;
(c)
Uncontained water blasting or power washing; or
(d)
Dry scraping or sanding more than two square feet of painted surface per room (interior) or more than 10 square feet per building (exterior).
3.
All work shall be undertaken in a manner that prevents the spread of dust.
4.
Specialized cleaning shall be performed at the end of each work day if the job will take more than one day and the area is to be occupied before work begins again and at the end of each job.
5.
Occupant protection, worksite preparation and specialized cleaning (paragraphs i1 and i4 above) are not required for maintenance activities that disturb painted surfaces that total:
(a)
Twenty square feet or less on the exterior of the building;
(b)
Two square feet or less in any one interior room or space; or
(c)
Ten percent or less of the total surface area of an interior or exterior component with a small surfaces area, including, but not limited to, window sills, baseboards or trim.
6.
After the completion of any work involving the disturbance of painted surfaces of a size that exceeds the limits of paragraph i5 above, at least one dust wipe sample shall be taken by maintenance staff trained in accordance with (g) above in each room that is part of the work area at a location where work was performed. If the level exceeds the lead hazard level established by N.J.A.C. 5:17, the room shall be cleaned and retested until the results of testing demonstrate lead levels below the standard.
j.
Bare soil in excess of nine square feet per property shall be covered or access to these areas shall be restricted and bare soil in play areas or walkways of any size shall be covered unless that soil has been tested and has been found to be below the lead hazard level established by the U.S. Environmental Protection Agency at 40 CFR 745, incorporated herein by reference.
k.
Garages and other structures on the site: Any work on garages and other structures on the site shall be performed in accordance with the lead-safe work practices listed in paragraph i above. Structures to which tenants have access shall comply with the requirements set forth in paragraphs a through e above.
[Amended 4-9-2024 by Ord. No. 2024-03]
Nothing in this section shall be construed to abrogate or impair the powers of any department of this municipality or any agency of the State of New Jersey to enforce any provisions of its charter or its ordinances, codes, regulations or statutory provisions or to prevent or punish violations thereof.
[1978 Code § 9-3.1]
As used in this section:
Shall mean any building, or structure, or part thereof, whether used for human habitation or otherwise, and includes any outhouses, and appurtenances belonging thereto or usually enjoyed therewith.
Shall mean the holder or holders of the title in fee simple.
Shall mean all individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.
Shall mean any housing authority or any officer who is in charge of any department or branch of the government of the Township, County or State relating to health, fire, building regulations, or to other activities concerning buildings in the Township.
Shall mean the sanitarian, or such other employee as may be hereafter designated by the Township Council, who is authorized by this section to exercise the powers hereinafter prescribed for him.
[1978 Code § 9-3.2]
It is hereby found and declared that there exists in the Township, buildings or parts thereof which are unfit for human habitation or occupancy or use, due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitation facilities, or due to other conditions rendering such building or buildings, or part thereof, unsafe, or unsanitary, or dangerous or detrimental to the health or safety or otherwise inimical to the welfare of the residents of the Township. It is therefore necessary to exercise the police powers of the Township to repair, close or demolish, or cause or require the repairing, closing or demolition of such buildings or part thereof in the manner provided, pursuant to the statute applicable thereto.
[1978 Code § 9-3.3]
The sanitarian is hereby designated and appointed as the public officer to exercise the powers prescribed by this section. The Township Council may, by resolution at its discretion, transfer to some other Township employee or employees, the duties and functions of such public officer.
[1978 Code § 9-3.4]
Whenever a petition is filed with the public officer by a public authority or by at least five residents of the Township charging that a building is unfit for human habitation or occupancy or use, or whenever it appears to the public officer that any building is unfit for human habitation or occupancy or use, the public officer shall make a preliminary investigation. If the investigation discloses a basis for such charges, he shall issue and cause to be served, upon the owner and parties in interest of such building, a complaint stating the charges in that respect. The complaint shall also contain a notice that a hearing will be held before the public officer or his designated agent at a place therein fixed not less than 10 days nor more than 30 days after the serving of the complaint. The notice shall state that the owner and parties in interest have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in the courts shall not be controlling in hearings before the public officer. The complaint shall be served in the manner provided in Subsection 12-9.7.
[1978 Code § 9-3.5]
After notice and hearing, the public officer may determine that the building under consideration is unfit for human habitation or occupancy or use if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of the Township. Such conditions may, among other things, include the following:
[1978 Code § 9-3.6]
a.
If, after the notice and hearing, the public officer determines that the building under consideration is unfit for human habitation or occupancy or use, he shall state in writing his findings of fact in support of such determination. He shall then issue and cause to be served, upon the owner thereof and parties in interest, an order. The order shall require the repair, alteration or improvement of the building to be made by the owner, within a reasonable time, which time shall be set forth in the order, and it shall give the option to the owner to vacate or have the said building vacated and closed within the time set forth in the order.
b.
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises, and the owner fails to repair, alter or improve the building within the time specified in the order described in paragraph a hereof, then the owner shall be required by a further order to remove or demolish the building within a reasonable time as specified in the order of removal.
c.
The orders referred to in paragraphs a and b of this section shall be served upon the owner and parties in interest in the manner provided in Subsection 12-6.7.
[1978 Code § 9-3.7]
Complaints, notices and orders issued by the public officer pursuant to this section shall be served upon persons either personally or by registered mail. If the whereabouts of such persons is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and he shall make an affidavit to that effect, then the serving of such complaint, notice or order 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, or, in the absence of such newspaper, in one printed and published in the County and circulating in the Township. A copy of such complaint, notice or order shall be posted in a conspicuous place on the premises affected by the complaint, notice or order. A copy of such complaint, notice or order shall be duly recorded with the County Clerk.
[1978 Code § 9-3.8]
a.
If the owner fails to comply with an order to repair, alter or improve, or, at the option of the owner, to vacate and close the building, the public officer may cause to be posted on the main entrance to any building so closed a placard with the following words, "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."
b.
If the owner fails to comply with an order to remove or demolish the building, the public officer may cause such building to be removed or demolished, or he may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefor.
[1978 Code § 9-3.9]
a.
The amount of the cost of:
1.
Filing of legal papers, expert witnesses' fees, search fees and advertising charges in the course of any proceeding taken under this section determined in favor of the Township; and
2.
Such repairs, alterations or improvements, or vacating and closing, or removal or demolition, as the case may be, shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the public officer, he shall sell the materials of such building. The proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building shall be credited against the cost of the removal or demolition thereof. If there are no such credits, or if the total sum of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed as a lien certificate with the Township Tax Collector and a copy thereof shall be sent forthwith to the owner by registered mail.
b.
If the total of the credits exceeds such costs, the balance remaining shall be deposited by the public officer in the Superior Court of New Jersey and shall be secured in such manner as may be directed by such court. The proceeds shall be disbursed according to the order or judgment of such court to the persons found entitled thereto by final order or judgment of the court. Any owner or party in interest may, within 60 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court of New Jersey to contest reasonableness of the amount or the accuracy of the costs set forth in the lien certificate.
[1978 Code § 9-3.10]
The public officer is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section, including the following powers, in addition to others herein granted:
a.
To investigate building conditions in the Township in order to determine which buildings therein are unfit for human habitation or occupancy or use;
b.
To administer oaths and affirmations; examine witnesses and receive evidence;
c.
To enter upon premises for the purpose of making examinations; provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession;
d.
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this section;
e.
To delegate any of his functions and powers under this section to such assistants and other employees as he may require in the performance of his duties.
[Added 2-27-2024 by Ord. No. 2024-02]
The following definitions shall apply to this section:
A real estate development or neighborhood in which the property is burdened by servitudes requiring property owners to contribute to maintenance of commonly held property or to pay dues or assessments to an owners' association that provides services or facilities to the community.
A sample collected by wiping a representative surface and tested in accordance with a method approved by the United States Department of Housing and Urban Development.
A person certified by the Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17-1.1 et seq. This includes the ability to perform dust wipe sampling.
Any condition that causes exposure to lead from lead-contaminated dust or lead-contaminated paint that is deteriorated or present in surfaces that would result in adverse human health effects.
A certification that confirms that a lead-based paint inspection was performed and that no lead-based paint exists in the dwelling unit or that all lead-based paint hazards have been fully abated.
A certification that confirms that a lead-based paint inspection was performed and no lead- based paint hazards were found. This certification is valid for two years from the date of issuance.
The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface dust, debris, or residue.
A person that is certified to perform a visual assessment.
[Added 2-27-2024 by Ord. No. 2024-02]
a.
A lead inspector for the Township of Sparta shall inspect every single-family, two-family, and multiple rental dwelling located within the Township of Sparta for lead-based paint hazards through visual assessment and dust wipe sampling in accordance with N.J.S.A. 52:27D-437.16 et seq., as may be amended from time to time.
b.
The property owner or landlord may, in lieu of having the dwelling inspected by the Township's lead inspector, directly hire a private lead inspector who is certified to provide lead paint inspection services by the Department of Community Affairs to perform the lead-based paint inspection in accordance with N.J.S.A. 52:27D-437.16 et seq., as may be amended from time to time.
c.
In accordance with N.J.S.A. 52:27D-437.16(c), 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:
1.
Has been certified to be free of lead-based paint;
2.
Was constructed during or after 1978;
3.
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 multiple use dwelling under the Hotel and Multiple Dwelling Law; See N.J.S.A. 55:13A-1 et seq.
4.
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
5.
Has a valid lead-safe certification.
d.
If lead-based paint hazards are identified, then the owner of the dwelling shall remediate the hazards through abatement or lead-based paint hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16(d). Upon the remediation of the lead-based paint hazard, the Township's lead inspector or visual assessor, as may be applicable, or the owner's private lead inspector, shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
e.
If no lead-based paint hazards are identified, then the Township's lead inspector or the owner's private lead inspector shall certify the dwelling as lead safe on a form prescribed by the Department of Community Affairs, which shall be valid for two years.
f.
In accordance with N.J.S.A. 52:27D-437.16(e), property owners shall:
1.
Provide evidence of a valid lead-safe certification and the most recent tenant turnover to the Township of Sparta at the time of the cyclical inspection.
2.
Provide evidence of a valid lead-safe certification to new tenants of the property at the time of tenant turnover and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease.
3.
Maintain a record of the lead-safe certification which shall include the name or names of the unit's tenant or tenants if the inspection was conducted during a period of tenancy.
g.
The fees for a lead-based paint inspections shall be as follows:
1.
The fee for a visual assessment $250 per unit performed by the Township's third-party lead inspector.
2.
The fee for the filing of a lead-safe certification or lead-free certification shall be $50.
3.
In a common interest community, any inspection fee charged shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit.
4.
In accordance with N.J.S.A. 52:27D-437.16(h), an additional state fee of $20 per dwelling unit inspected by the Township's lead inspector or the owner's private lead inspector shall be assessed for the purposes of the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D-437.1 et seq.) unless the unit owner demonstrates that the Department of Community Affairs has already assessed an additional inspection fee of $20. The fees collected pursuant to this subsection shall be paid directly to the Township and shall be deposited into the Lead Hazard Control Assistance Fund.
5.
Re-inspection/clearance by the Township's third-party lead inspector, $320 per unit.
Fees charged by the Township's third-party lead inspector shall be billed directly by such vendor to the party requesting the inspection.
[Added 2-27-2024 by Ord. No. 2024-02]
In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of § 12-10.2 D and F shall be as follows:
a.
If a property owner has failed to conduct the required inspection or initiate any remediation efforts, the owner shall be given 30 days to cure the violation.
b.
If the property owner has not cured the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection is conducted or remediation efforts have been initiated.
[Added 5-14-2024 by Ord. No. 2024-04]
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Means any form of solicitation, promotion, marketing and/or communication used to solicit, encourage, persuade, or manipulate viewers, readers, or listeners into contracting for goods and/or services in violation of this section, as same may be viewed through various media including but not limited to, newspapers, magazines, flyers, handbills, pamphlets, commercials, radio, direct mail, internet websites, or text or other electronic messages for the purpose of establishing occupancies or uses of rental property, or consideration, which are prohibited by this section.
Means the receipt or acceptance of any legally recognized form of consideration including a promise or benefit, a quid-pro-quo, rent, fees, money, other forms of payment and/or things of value.
Means any single family detached dwelling, whether furnished or unfurnished, used and/or offered or made available for use, for accommodations, lodging, cooking, sleeping, gathering and/or entertaining of occupants and/or guests.
Means any person or entity, association, limited liability company, corporation, or partnership, who, alone or jointly or severally with others, has actual possession of or possessory rights to, a dwelling unit or any portion thereof, for a period of 28 days or more.
Means any person or entity, association, limited liability company, corporation, or partnership, who, alone or jointly or severally with others:
Shall have legal title to a dwelling unit, with or without accompanying actual possession thereof; or
Shall have charge, care or control of a dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this section and the rules and regulations adopted pursuant thereto, to the same extent as if they were the owner.
Means an individual, entity, association, limited liability company, corporation, or partnership, and any person and/or entity acting on their behalf or in concert therewith.
[Added 5-14-2024 by Ord. No. 2024-04]
It shall be unlawful for an owner or occupant of a dwelling unit to receive or obtain consideration for the rental of any dwelling unit for a period of less than 28 days.
This section does not apply to lawfully established and operating hotels, motels, rooming houses, boarding houses, and bed and breakfast establishments. This section does not apply to any use of single-family dwellings protected by New Jersey State statutes including, but not limited to, community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries, and children in group homes pursuant to N.J.S.A. 40:55D-66c.
[Added 5-14-2024 by Ord. No. 2024-04]
Nothing contained in this section is intended to prohibit:
[Added 5-14-2024 by Ord. No. 2024-04]
It shall be unlawful to advertise, solicit or promote by any means the rental of dwelling units for a period of less than 28 days in violation of the provisions of this section.
[Added 5-14-2024 by Ord. No. 2024-04]
a.
The Health Department of the Township, Code Enforcement Officer and/or Construction Official are hereby authorized to enforce the provisions of this section.
c.
The penalty imposed herein shall be in addition to any and all other remedies that may accrue under any other law, including, but not limited to, eviction proceedings and/or injunctive relief in any Court of competent jurisdiction.