There is hereby adopted a code to establish and maintain every person's right to a decent home, located in a desirable, suitable and well-kept neighborhood environment; to establish minimum standards governing the required plumbing, heating and electrical facilities and their maintenance; to establish minimum standards governing the condition and maintenance of dwellings and other structural things and conditions on the inside and outside of dwellings and the premises surrounding dwellings; to make dwellings safe, sanitary and fit for decent living; to establish minimum standards governing the conditions of dwellings offered for rent; to fix the responsibilities of both owners and occupants of dwellings; to authorize and command the inspections of dwellings and the condemnation of dwellings unfit for human habitation; and to fix the penalties for violations.
[HISTORY: Adopted by the Township Council of the Township of Old Bridge as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 108.
Fences — See Ch. 164.
Fire prevention — See Ch. 185.
Graffiti — See Ch. 215.
Heating devices — See Ch. 226.
Homebuyers' protection — See Ch. 230.
Littering — See Ch. 265.
Mosquito breeding control — See Ch. 284.
Multiple dwellings — See Ch. 290.
Nuisances — See Ch. 305.
Numbering of buildings — See Ch. 309.
Pesticide control — See Ch. 355.
Property maintenance — See Ch. 366.
Rental property — See Ch. 388.
Solid waste — See Ch. 429.
Stormwater quality — See Ch. 432.
Abandoned vehicles — See Ch. 463.
[Adopted by Ord. No. D-29 (Sec. 11-2 of the 1973 Revised General Ordinances)]
A. BASEMENT BATHROOM BOARDINGHOUSE CELLAR CONSTRUCTION OFFICIAL DWELLING DWELLING UNIT, APARTMENT, FLAT, LIVING UNIT or OTHER SIMILAR DESIGNATION GARBAGE INFESTATION MULTIPLE DWELLING or APARTMENT HOUSE OCCUPANT OPERATOR OWNER(1) (2) PLUMBING ROOMING HOUSE ROOMING UNIT RUBBISH SUPPLIED
As used in this article, the following terms shall have the meanings indicated:
That portion of a building located partly underground but having half or more than half of its clear floor-to-ceiling height above the average grade of the adjoining ground.
A room which has a floor area including fixtures of at least 35 square feet and which contains a minimum of one flush water closet, one wash basin and one bathtub or shower stall.
Any private dwelling or dwelling unit where the owner, tenant or operator thereof is engaged in keeping one or more roomers or boarders who are not husband or wife, son or daughter, mother or father or sister or brother of the owner, tenant or operator and in serving food to some or all of such lodgers for a part of a day or longer period under expressed contract or rate of payment.
That portion of a building located partly or wholly underground and having more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
The officer of the Township or his authorized representative designated to enforce this article.
Any building or structure or part thereof which is wholly or partly used or intended to be used for toilet and bathing needs, living, sleeping and cooking by human occupants.
Any room or group of rooms located within a dwelling or building and forming a single habitable unit, for one or more persons, for the purpose of living, sleeping, cooking and toilet and bathing needs.
The animal and vegetable and other organic wastes resulting from the handling, preparation, cooking and consumption of food.
The presence of any insects, rodents or other pests within or around a dwelling.
Any dwelling containing more than two dwelling units.
Any person, over one year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling, dwelling unit, rooming unit, apartment, flat or living unit.
Any person who has charge, care, or control of a building, or part thereof, in which dwelling units or rooming units are let.
Any person who, alone or jointly or severally with others:
Has legal title to any dwelling, dwelling unit, hotel, motel, rooming house, rooming unit or boardinghouse, with or without accompanying actual possession thereof; or
Has charge, care or control of any dwelling, dwelling unit, hotel, motel, rooming house, rooming unit, or boardinghouse 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 article and the rules and regulations adopted pursuant thereto to the same extent as if he were the owner.
Includes all the following: supplied piping, facilities and equipment; the house sewer from the septic tank, cesspool, curb or property line to the building foundation; the water service from the curb or property line to the building foundation; or from the well to the building foundation, the system of soil, vent and waste pipes from their connection at the foundation to the house sewer, to their connections to the various plumbing fixtures and to their termination through the roof; all hot and cold water lines in the dwelling or building; every plumbing fixture, trap, floor drain, or any fixture directly or indirectly connected to the plumbing system; the gas piping from the gas meter to the connections to the various gas appliances and any other similar supplied fixtures, together with all connections to water, sewer or gas lines, and any other 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.
Any dwelling or part of any dwelling containing one or more rooming units in which space is let by the operator to one or more persons who are not husband or wife, son or daughter, mother or father or sister or brother of the owner or operator or of the spouse of the owner, tenant or operator.
A room or group of rooms containing no cooking facilities forming a single habitable unit used or intended to be used for living and sleeping and having a private bathroom or the use of a common bathroom with other rooming units in the same building, within the meaning of this article.
Includes all combustible and noncombustible waste material (except garbage) and including boxes, barrels, sticks, stones, bricks, bottles, cans, metal drums, iron pipe, old sheet metal, old furniture, unused motor vehicles and boats, auto parts, tires, unused bicycles and bicycle parts, filth, junk, trash, debris, old lumber or firewood, unless such lumber or firewood is neatly stacked or piled on supports or platform at least eight inches above the ground. It shall also include weeds or grass that have attained a growth of more than 10 inches in height. It shall also include any articles which the Construction Official, in his judgment, declares to be rubbish.
Paid for, furnished, or provided by or under the control of the owner or operator.
B.
Meaning of certain words. Whenever the words "dwelling," "dwelling unit," "flat," "semidetached house," "row house," "apartment," "living unit," "rooming house," "hotel," "motel," "rooming unit," "boardinghouse" or "premises" are used, they shall be construed as though they were followed by the words "or any part thereof."
The Construction Official shall make inspections to determine the condition of dwellings, dwelling units, hotels, motels, rooming units, boardinghouses and premises located in the Township in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the Construction Official may enter, examine, inspect and survey at any time deemed necessary by him all dwellings, dwelling units, hotels, motels, rooming units, boardinghouses or their premises, and the person in charge thereof shall give the Construction Official or his agent free access at all reasonable times for the purpose of making such inspection, examination and survey. Every occupant of a dwelling, dwelling unit, hotel, motel or rooming unit shall give the owner thereof, or his agent or employee, access to any dwelling, dwelling unit, or rooming unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations which are necessary to effect compliance with the provisions of this article or other ordinances in force in the Township or of New Jersey statutes pertaining to this article.
A.
Whenever the Construction Official determines that there are reasonable grounds to believe that there has been a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, notice of such alleged violation shall be given to the person responsible therefor as hereinafter provided. Such notice shall:
(1)
Put in writing the various violations and section and paragraph violated.
(2)
Allow a reasonable time to abate or correct such violations not to exceed 60 days from the date of such notice.
(3)
Be served personally on the owner or occupant or shall be sent by registered mail to the owner's last known address, or a copy posted on the building where the violations occur or be served by any other method authorized under the laws of New Jersey.
B.
At the expiration of the time given to abate a nuisance or correct a condition as set forth in any notice of violation where a reasonable effort, in the discretion of the Construction Official, has not been made by the owner or occupant to abate or correct the violations enumerated, the Construction Official shall summon such person before the Municipal Court of the Township or any other court having jurisdiction.
C.
Whenever the Construction Official finds that an emergency exists which requires immediate action to protect the public health, he may, without written notice or hearing, issue a verbal order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Any person to whom such an order is directed shall comply therewith immediately.
No person shall occupy as owner-occupant or let to another for occupancy any dwelling, hotel, motel, rooming house or boardinghouse for the purpose of living therein which does not comply with the following requirements:
A.
Every foundation shall adequately support the building at all points, shall be kept in good repair, and shall be free of breaks, holes or cracks which make the building unsafe to occupy or which admit rain, cold air, dampness, rodents, insects or vermin, and any exterior parts thereof subject to corrosion or deterioration shall be kept well painted.
B.
The outside building walls shall not have any holes, loose boards, or any broken, cracked or damaged finish, which admit rain, cold air, dampness, rodents, insects or vermin.
C.
Every exterior door, window and cellar or basement entrance shall be reasonably weathertight, watertight and rodentproof and shall open and close easily, and their locks, hinges, pulleys and hardware shall be kept in good repair.
D.
All interior walls and ceilings shall be so constructed and maintained that there shall not be any cracks, voids, holes, loose paper, peeling paint or loose trim which provide a harborage for insects or vermin.
E.
Wallpaper or paint shall cover the entire wall or ceiling on which it is placed. No person shall paper or paint an interior wall or ceiling without first having removed all the old paper and thoroughly cleansed the walls and ceilings.
F.
Every roof, roof gutter, flashing, rain conductor and roof cornice shall be weathertight and raintight and shall be kept in good repair.
G.
All exterior wood surfaces shall be reasonably protected against the elements and against decay by paint or other approved protective coating applied in a workmanlike fashion.
H.
The floor of every room and porch and every inside and outside stair and their supports and every appurtenance thereto shall be so constructed and maintained 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 good repair and sound condition. The floors of every room shall not have any holes, loose boards or cracked, broken or worn-through spots in such floor coverings.
I.
Every foundation, floor and wall of a dwelling shall be free from chronic dampness.
J.
Every porch, balcony, roof or similar place higher than 30 inches from 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.
No person shall occupy or let to another for occupancy, for the purpose of living therein, which does not comply with the following requirements:
A.
Occupancy of cellars for dwelling purpose is prohibited.
B.
Every dwelling and dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 square feet of additional floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area. The kitchen, bathroom, shed and porch are not to be included in total habitable area.
C.
Every dwelling and dwelling unit, hotel, motel, rooming house and boardinghouse shall provide at least 450 cubic feet of air space for each adult for sleeping purposes. Children shall have at least 350 cubic feet of air space for sleeping purposes. The cubic feet of air space shall be calculated in the room in which persons sleep and not the total habitable area.
D.
The habitable area of every dwelling and dwelling unit shall not be used for business or commercial purposes, and if so used that area used for business or commercial purposes shall be subtracted and shall not be included in the total habitable area.
E.
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.
F.
A room used for sleeping purposes under the provisions of § 235-13E shall be provided with a safe and unobstructed means of egress leading directly to an outside area accessible to a street.
G.
Every inside and outside stairway, porch and 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.
No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein, which does not comply with the following requirements:
A.
Every habitable room shall have at least one window facing directly to the outdoors. The minimum total window area, measured between stops for every habitable roof, shall be 10% of the floor area of such room. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 15% of the total floor area of such room. Skylight-type windows of less than 15% of the total floor area existing prior to July 7, 1971, may be increased to 15%, but no skylight-type window shall be installed in lieu of a window where a skylight has not previously existed.
B.
Every habitable room shall have at least one window or skylight which can easily be opened, or such other device which adequately ventilates the room. The total of openable window area in every habitable room shall be equal to at least 50% of the minimum window area size or minimum skylight-type window size as mentioned above except where there is supplied some other device affording adequate ventilation and approved by the Construction Official.
(1)
Ventilation requirements for bathrooms and toilet rooms shall comply with the requirements of the Uniform Construction Code.
C.
Every operable window, exterior door, skylight, and other opening to the outdoors shall be supplied with properly fitting screens in good repair from May 1 to October 1 of each year. Such screens shall have a mesh of not less than No. 16.
A.
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.[1]
B.
All garbage kept on the outside of any building shall be kept in flytight, covered, metal or plastic or other approved material garbage containers.
C.
All garbage shall be drained of its moisture and properly wrapped in heavy paper before such garbage is placed outside. Garbage shall be placed at the curb according to the provisions of § 429-4. Ashes, bottles, cans and rubbish must be placed at the curb in boxes, baskets, cans or other receptacles easily handled by the garbage collector.[2]
D.
The front, side and back yard, the driveway, walks or other parts of the outside premises of any building or of any lot on which no building is located shall not contain any boxes, barrels, sticks, stones, bricks, bottles, cans, metal drums, iron pipe, old sheet metal, old furniture, unused motor vehicles and boats, auto parts, old tires, unused bicycles or parts, filth, junk, rubbish, trash, debris, old lumber or firewood unless such lumber or firewood is neatly stacked or piled on supports at least eight inches above the ground; nor shall the grass or weeds on such premises be allowed to attain a growth of more than 10 inches. Shrubs and flowering woody plants shall be kept under control and not allowed to grow beyond the boundaries of the premises on which a building is located. Shacks and outbuildings, including toolhouses, storage sheds and garages, shall be repaired or improved so that they shall be aesthetically acceptable or shall be demolished.
A.
Every dwelling used or occupied to house individual families living separately for the purpose of living, sleeping, cooking, eating, bathing and defecating shall comply with the following supplied requirements: Every kitchen sink, wash basin, bathtub or shower stall shall be properly connected with supplied water-heating facilities which are capable of heating water to such a temperature as to permit an adequate amount of water drawn to each fixture at a temperature of not less than 120º F., and to a cold water line. Families or individuals living separately in the same dwelling or building shall not share the same bathroom or the use of a kitchen.
B.
In every hotel, rooming house and boardinghouse, where separate bathroom accommodations are not supplied for each room or suite, separate bathroom accommodations shall be provided for each sex as follows: One water closet, one wash basin and one bathtub or shower stall for each five persons, or fraction thereof, who room or board therein.
(1)
In hotels, rooming houses and boardinghouses where separate bathrooms are provided for each sex, the door openings to each bathroom shall be placed so as to afford privacy and shall be plainly marked for male and female usage.
(2)
Bathrooms in hotels, rooming houses and boardinghouses shall be located so as to be accessible from a common hall or passageway to persons using the facilities. Such hall or passageway shall be directly accessible from a roomer's or boarder's rooming unit and not through any other rooming unit.
C.
Where rooming units are provided on more than one floor, except in a rooming house or boardinghouse operated and inhabited by the owner, separate bathrooms shall be provided for each sex on each floor. Such an establishment which has rooming units on more than one floor may have one bathroom in the building for both sexes, if the total combined number of occupants, including both owner's family and roomers, male and female, adults and children, does not exceed five. Where the combined number of occupants exceeds five, the bathroom facilities for the roomers shall comply with Subsection B above.
D.
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.
E.
All water closets shall flush easily, and completely discharge the waste matter in a single operation. All plumbing fixtures shall function perfectly at all times. The finish of toilet seats shall not be chipped or cracked and shall have a smooth finish. Water closets shall be set after the finished floor is laid. There shall be no leaking faucets, leaking or clogged traps, clogged drains, broken handles on fixtures, nor anything that would cause any part of the plumbing system or fixtures to be unsanitary, inconvenient to use or in any way detrimental to the health of the individual. The plumbing fixtures and floors, walls and ceilings in bathrooms and kitchens shall be kept in a sanitary condition at all times. Every water closet compartment floor and bathroom floor shall be constructed and maintained as to be reasonably impervious to water so as to permit such floor to be kept in a clean condition.
F.
All plumbing installed in dwellings, hotels, motels, rooming houses or boardinghouses shall conform to this article and to the Uniform Construction Code and shall be maintained in good working condition.
G.
Plumbing fixtures and other facilities and their uses in kitchens of hotels and boardinghouses shall conform to the "Restaurant" requirements of the Uniform Construction Code and sanitary code of the Township.
H.
Owners of buildings located beyond the public sewer system that are used for human habitation and which do not have installed therein a water closet, wash basin and bathtub or shower, shall, before the above-mentioned plumbing facilities and the individual sewage disposal system connected therewith is installed, cause to be obtained a percolation test of the soil in the area of the proposed sewage disposal system. The installation of the sewage disposal system shall comply with the Township individual sewage disposal system code.
I.
Every dwelling unit and lodging house shall be provided with a safe supply of potable water meeting the standards as set forth in "Potable Water Standards" as published by the New Jersey State Department of Health and Senior Services.
J.
The source of such water supply shall be approved by the New Jersey State Department of Health and Senior Services or the Construction Official.
K.
The minimum rate of flow of hot or cold water issuing from a faucet or fixture shall be not less than one gallon per minute.
A.
It shall be the duty of every owner of a dwelling who permits to be occupied any dwelling unit or lodging unit therein, and who contracts, undertakes or agrees, orally or in writing, to heat or furnish heat for any dwelling unit or lodging unit within the Township, to furnish sufficient heat to any occupied part of such building to maintain at all times between the hours of 6:00 a.m. and 11:00 p.m., a minimum temperature of 68º F., and to maintain in buildings or portions of buildings occupied as residences, at all times between the hours of 11:50 p.m. and 6:00 a.m., a minimum temperature of 65º F. The required supply of heat shall be furnished for or to all buildings or parts thereof used for business or living purposes from October 1 in each year to May 1 of the succeeding year and on all other days of the year when the outside temperature falls below 40º F., provided that the requirements of this article shall not apply to buildings or parts thereof used for any trade or business in which high or low temperatures are essential. The term "contracted" as used in this section shall mean and include any written or implied contract, lease or letting, and the presence of any heating outlets, radiators, risers or returns in any hall, room or other part of a building shall be prima facie evidence of an implied contract. The presence of any central heating plant, furnace or boiler under the control of the owner, lessee or person in charge of a building shall also be prima facie evidence of an implied contract.
B.
A central heating system in any dwelling, hotel, motel, rooming house and boardinghouse shall be kept in good repair and shall not have any leaks in the heater furnace, boiler, smoke pipes, flues, pipe fittings, valves or other appurtenance of the heating system, and shall be kept in such condition that all inhabitable rooms can safely and adequately be maintained at a temperature of 70º F. under average winter conditions.
C.
Every dwelling, hotel, motel, rooming house and boardinghouse shall have a tight masonry chimney lined with fire clay or a chimney of other approved noncombustible material properly constructed and supported so as to avoid overheating adjacent combustible elements.
D.
Every dwelling, hotel, rooming house and boardinghouse shall be prohibited from using a room heater, heating stove, space heater, or tank water heater designed for the use of kerosene, gasoline, oil, gas, wood, coke, charcoal or coal as a fuel unless it has a direct smoke pipe or flue connection to a properly constructed chimney capable of carrying all the products of combustion to the outer air.[1]
E.
Every hotel, motel, rooming house and boardinghouse shall comply with Subsection A above as to the temperature to be kept and the hours it is to be maintained for all rooms occupied or used by roomers, lodgers and boarders.
F.
In the absence of a contract or agreement to the contrary, an owner shall be obliged to provide heat wherever heating facilities are under the control of the owner or whenever two or more dwelling units are heated by a common facility.
G.
The owner shall be responsible for compliance with all provisions of this article not specified as the responsibility of occupants.
H.
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 in conformance with the regulations in Subsection A. The temperature shall be read at a height of three feet above floor level at the center of the room.
I.
In accordance with N.J.S.A. 26:3-31, the following regulations shall apply:
(1)
To require that the aforesaid standards for heating shall be met.
(2)
To act as the agent for a landlord in the engaging of repairmen and the ordering of any parts necessary to restore to operating condition the furnace, boiler or other equipment essential to the proper heating of any residential unit rented by the landlord, provided that at least 24 hours have elapsed since the tenant has lodged a complaint with the Township Department of Health and Welfare, prior to which a bona fide attempt has been made by the tenant to notify the landlord of the failure of the heating equipment, and the landlord has failed to take appropriate action, and the outside air temperature is less than 55° F.[2]
(a)
Any person who supplies material or services in accordance with this article shall bill the landlord directly and by filing a notice approved by the Township Department of Health and Welfare, with the County Clerk, shall have a lien on the premises where the materials were used or services supplied.
A.
Every dwelling shall be provided with electric service.
B.
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 electrical fixtures to convenience outlets, and which do not lie under rugs or other floor coverings, or extend through doorways, transoms, or other openings through structural elements.
C.
Every portion of each staircase, hall, cellar, basement, landing, furnace room, utility room, and all similar nonhabitable 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 footcandles) in the darkest portions.
D.
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 footcandles) 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.
E.
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 footcandles). 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.
F.
Where changes have been made to the original electrical installation or where deterioration is apparent, a certificate of approval shall be supplied by the owner from the Fire Underwriters. Every electrical installation, addition to, or any part thereof shall comply with the current revision of the National Electrical Code with a certificate supplied by the Middle Department Association of Fire Underwriters.
A.
Every owner and operator of a multiple dwelling or apartment house containing two or more dwelling units shall be responsible for maintaining in a sanitary condition the shared or public areas of the dwelling and premises.
B.
Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which he occupies and controls.
D.
Every occupant of a dwelling or dwelling unit shall dispose of all his garbage or any other organic waste which might provide food for rodents, insects or vermin, in a clean and sanitary manner, by placing it in the garbage storage containers required by § 235-8B and C. It shall be the responsibility of the owner to provide such garbage containers for all dwelling units in a multiple dwelling containing more than two dwelling units. In all other cases it shall be the responsibility of the occupant to furnish such garbage containers.
E.
Every dwelling shall be free from rodents, vermin and insects. Every occupant, owner or operator of a dwelling shall be responsible for such extermination whenever his dwelling unit is 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 reasonably insect proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more dwelling units in any dwelling, or in the common parts of a dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.
F.
Every occupant, owner or operator of a dwelling or dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall maintain the inside of the dwelling or dwelling unit and the outside premises over which he has control, clean and orderly.
G.
No owner or occupant shall cause any services, facilities, equipment or utilities which are required under this code to be removed from, shut off, or discontinued in any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during 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 Construction Official. 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.
H.
The owner of a dwelling located in an area found by the Construction Official to be infested by rats, insects or other vermin shall carry out such rat stoppage, vermin proofing, or other means of preventing infestations of the dwelling as may be required by the Construction Official.
I.
No owner shall occupy or let to an occupant any vacant dwelling unit or lodging unit unless it is clean and sanitary.
J.
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 Subsections C and D or not otherwise prohibited by municipal ordinances shall be done in an orderly manner so as to not constitute a health, safety or fire hazard.
K.
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 removal from the premises.
L.
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 periodical removal of all garbage and rubbish from the premises each week in accordance with such regulations of the Township for the collection of garbage and rubbish.[1]
M.
The Construction Official may order the owner to clean, repair, paint, whitewash or paper any wall or ceiling within a dwelling which has deteriorated so as to provide a harborage for rodents or vermin, or when such 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 construed so as to place upon the nonresident owner responsibilities for cleanliness contained in Subsection B.
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 basis of total habitable room area.
B.
In every dwelling unit of two or more rooms, 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. Notwithstanding the foregoing, in every lodging unit every room occupied for sleeping purposes by one occupant shall contain at least 80 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 60 square feet of floor space for each occupant thereof.
C.
At least one half 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 of the room for the purpose of determining the maximum permissible occupancy thereof.
D.
No room in a dwelling may be used for sleeping if the floor level of the room is lower than 3 1/2 feet below the average grade of the ground adjacent to and within 15 feet of the exterior walls of the room.
E.
A room located below the level of the ground but with the floor level less than 3 1/2 feet below the average grade of the ground adjacent to and within 15 feet of the exterior walls of the room may be used for sleeping, provided that the walls and floor thereof in contact with the earth have been damp proofed in accordance with a method approved by the Construction Official, and provided that the windows thereof are at least 15 feet from the nearest building or wall.
A.
No person shall operate, manage, conduct or maintain a hotel, motel, rooming house, rooming unit or boardinghouse without first having obtained a license therefor.
B.
An application for a license to construct, carry on or manage the business of a hotel, motel, rooming house, rooming unit or boardinghouse shall be made in writing, under oath, signed by the operator, to the Construction Official, on such form or forms as may be provided and shall set forth the following:
(1)
Full name and address of proprietor, manager or operator of such hotel, motel, rooming house, rooming unit or boardinghouse.
(2)
Full name of the owner of the premises and his address.
(3)
Location of the hotel, motel, rooming house, rooming unit or boardinghouse.
(4)
The number and location of bedrooms to be used for rooming or boarding and the size of each room.
(5)
Statement as to the number of toilets, wash basins, urinals, bathtubs or showers, and their location in such hotel, motel, rooming house, rooming unit and boardinghouse.
C.
Each application shall be referred to the Construction Official for his inspection and report. The Construction Official shall also request an investigation by the Police Department of each applicant. If the report of the Construction Official or the Police Department discloses the applicant was convicted of a crime involving morals or the sanitary code in the Township or in any other municipality, no license shall be issued. If the report of the Construction Official discloses no violation of the sanitary code and the report of the Chief of Police is favorable, a license shall be issued, which license shall be for the calendar year.
D.
All applications for renewal of licenses shall be made by December 1 of the year preceding the license year.
F.
All fees shall accompany the application for the total number of beds desired in any calendar year. No more beds shall be allowed in any motel, hotel, rooming unit or boardinghouse in any calendar year than the number enumerated on the application. All licenses shall be for the calendar year and shall expire on December 31 of the year of issue, unless surrendered or revoked because of a violation of this article or any applicable ordinances or statutes. Surrender or revocation of any license issued prior to December 31 of the year of issue shall not entitle the licensee to reimbursement for any pro rata portion thereof. The license fees fixed for issuance of such licenses is imposed for the purpose of regulation and not for revenue.
G.
Each building or room licensed as a hotel, motel, rooming house, rooming unit or boardinghouse may be inspected at any hour deemed necessary and as often as the Construction Official may deem it necessary. If any inspection discloses a condition existing in the building tending to create a violation of the sanitary code and such condition is not corrected within 10 days after notice in writing to the owner or operator of the business, the Construction Official, upon notice to the licensee, may order him to show cause before him, on notice of not less than five days, why the license shall not be revoked. Whenever the Construction Official finds that an emergency exists which requires immediate action, he may give verbal order to the owner or operator of a hotel, motel, rooming house, rooming unit or boardinghouse and it shall have the same effect and force as a written notice and shall be complied with immediately or within the time that the Construction Official stipulates.
H.
No room in any hotel, motel, rooming house, rooming unit or boardinghouse shall be so constructed that there shall be afforded less than 450 cubic feet of air space for each child under 12 years of age. Where the same room is used for both living and sleeping, there shall be at least 550 cubic feet of air space for each adult and 450 cubic feet of air space for each child under 12 years of age.
I.
Every sleeping room in a hotel, motel, rooming house, rooming unit or boardinghouse shall have a clear height between floor and ceiling of not less than seven feet. In sleeping rooms with sloping ceilings, more than 50% of the floor area of such sleeping room shall have a clear height between floor and ceiling of seven feet. The least horizontal dimensions of a sleeping room shall not be less than seven feet.
J.
Every room used for sleeping purposes in a hotel, motel, rooming house, rooming unit or boardinghouse shall have a window placed in an outside wall. The openable area of such window shall comply with § 235-7, and the window shall be constructed so that it can be opened and closed easily by the occupant of the room.
K.
All windows in hotels, motels, rooming houses, rooming units and boardinghouses in sleeping rooms, dining rooms, kitchens, halls, bathrooms and all other outside openings and outside doors shall have placed on the outside of such windows, openings or doors a full-length screen of a size mesh to provide adequate ventilation while excluding mosquitoes and insects and kept in good repair, shall be placed thereon on May 1 of each year and remain thereon until October 1 of the same year. Those owners of such establishments who install a combination storm and screen window in which only a half window or screen is available shall comply with the meaning of this subsection.
L.
In every hotel, motel, rooming house, rooming unit or boardinghouse, there shall be a water closet, wash basin, urinal, bath or shower as provided in § 235-9 herein and in the Uniform Construction Code. All doors on toilet rooms and bathrooms shall be equipped with self-closing springs or other devices to close the door, and such doors shall be kept closed at all times. On each toilet room or bathroom door there shall be an adequate locking device on the inside of such door, so that privacy can be had by the user of the room.
M.
Clean sanitized sheets and pillow cases shall be provided for each bed occupied in all hotels, motels, rooming houses, rooming units and boardinghouses. They shall be changed for each occupant and for continued occupancy shall be changed each week.
N.
In every hotel, motel, rooming house, rooming unit or boardinghouse, all wool, cotton or mixed fabric rugs or other coarse floor coverings shall be kept in a sanitary condition. All exposed wooden floors or diverse impervious floor coverings shall be washed thoroughly with hot water and soap or detergent at least once a week or cleansed by other methods approved by the Construction Official.
O.
In every hotel, motel, rooming house, rooming unit or boardinghouse, adequate lighting of at least 25 watts of illumination shall be provided over the entrance, in the entrance hall and in all interior halls. Bathrooms shall be provided with at least 40 watts of illumination.
P.
In every hotel, motel, rooming house, rooming unit or boardinghouse, garbage pails shall be cleansed thoroughly at least once a week or oftener if deemed necessary by the Construction Official.
Q.
Every hotel, motel, rooming house, rooming unit and boardinghouse shall maintain heat to comply with § 235-10A.
R.
Every hotel, motel, rooming house, rooming unit and boardinghouse shall be kept free and clean of and shall not harbor nor have on their premises rats, mice, fleas, bedbugs, cockroaches, ants, silverfish or other insects or vermin.
S.
In every hotel, motel, rooming house, rooming unit and boardinghouse there shall not be kept, harbored or maintained in any room in such establishment or on the outside grounds or premises any rabbit, parakeet, chicken, pigeon, dog, goat, sheep, cat or any other animal, bird or fowl, unless the facilities for maintaining the same are such that an unsanitary or unsafe condition shall not be created or maintained.
T.
The exterior grounds and premises of every hotel, motel, rooming house, rooming unit and boardinghouse shall be kept clean and orderly and shall comply with § 235-8C.
V.
Every hotel, motel, rooming house, rooming unit and boardinghouse shall keep a day book showing the name and permanent address of each guest and showing the room occupied by each guest. Such book shall be kept up-to-date and shall be available for inspection at all times by the Construction Official.
W.
There shall be posted in a conspicuous place in every hotel, motel, rooming house, rooming unit and boardinghouse a copy of this article, which copy shall be furnished by the Township.
X.
Every room occupied for sleeping purposes in a hotel, motel, rooming house, rooming unit or boardinghouse shall contain at least 70 square feet of floor space, and every room occupied by two persons for sleeping purposes shall contain at least an additional 50 square feet of floor space.
Y.
The owner or operator of every hotel, motel, rooming house, rooming unit and boardinghouse shall be responsible for the clean and sanitary maintenance of all floors, walls and ceilings and for the maintenance in a clean and sanitary condition of every other part of such establishment.
Whenever the owner of a building used for human habitation fails to comply with a notice of violation to repair, alter or improve or, at the option of the owner, to vacate and close the dwelling, the Construction Official shall post a sign on the building declaring it unfit for human habitation, and it shall be unlawful to use the building for human habitation thereafter until it is repaired, altered or improved in compliance with this article.
[Amended 3-2-1981 by Ord. No. 4-81; 1-3-1983 by Ord. No. 26-82; 10-3-1983 by Ord. No. 19-83; 1-7-1985 by Ord. No. 4-85; 9-29-1994 by Ord. No. 57-94; 9-12-2005 by Ord. No. 28-2005; 6-25-2007 by Ord. No. 2007-16; 6-30-2008 by Ord. No. 2008-22; 7-20-2020 by Ord. No. 2020-14; 10-26-2021 by Ord. No. 2021-20]
A.
No owner, agent of owner, real estate agent or broker, firm, company, partnership, corporation or person or persons shall rent, grant lease, let, mortgage with right of occupancy by rent, lease or let, whether or not for a consideration and whether occupancy is temporary, long-term or permanent, any dwelling, dwelling unit, hotel, motel, rooming house, rooming unit, boardinghouse or premises on which a building is located and is used or intended to be used for human occupancy, until a certificate of approval is obtained from the Construction Official stating that the building and premises comply with the requirements of this article. Any person occupying such premises or any person contracting with the owner for occupancy of the premises by another by rent, lease or let shall be bound by the provisions of this section and the penalties imposed for the violation of the same.
B.
There shall be a fee of $165 for all single-family dwellings or duplexes that are rented and/or otherwise leased for any period of time, and a fee of $150 per unit for each unit located within a multiple dwelling or apartment house, hotel, motel, rooming house, rooming unit or boardinghouse, or similar type building and structure, to cover the cost of inspection necessary to the issuance of the certificate of approval, as required in this section, which shall be paid by the person disposing of the ownership or occupancy of the property. In the event the Township Construction Official is called upon by the owner to make an inspection and, having made said inspection, determines that the unit inspected is in such a condition as to require denial of a certificate and must therefore be reinspected, an additional fee, equivalent to the initial inspection fee, shall be charged.
[Adopted 7-15-2025 by Ord. No. 2025-19[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Affordable Housing, adopted 2-24-1997 by Ord. No. 6-97.
This article is enacted pursuant to P.L. 2021, c. 182, and shall be interpreted and enforced to the same extent as that legislation, any amendments or supplements thereto, the companion regulations set forth at N.J.A.C. 5:28A-1.1 et seq., and other associated regulatory or judicial authority.
For the purposes of this article, the following words and terms have the meanings indicated:
The New Jersey Department of Community Affairs.
The New Jersey Department of Health.
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 ("HUD") and as conducted pursuant to N.J.A.C. 5:28A-2.3.
A building containing a room or rooms, or suite, apartment, unit, or space, that is rented and occupied, or intended to be rented and occupied, for sleeping and dwelling purposes by one or more persons.
A unit within a building that is rented and occupied, or intended to be rented and occupied, for sleeping and dwelling purposes by one or more persons.
A set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs, or the term as it is defined pursuant to 42 U.S.C. § 4851b and the regulations adopted pursuant thereto.
A set of measures designed to permanently eliminate lead-based paint hazards in accordance with standards adopted pursuant to N.J.A.C. 5:17.
A firm certified by DCA to perform remediation through lead abatement or interim control work pursuant to N.J.A.C. 5:17.
An individual certified by the New Jersey Department of Health to perform lead abatement work pursuant to N.J.A.C. 8:62.
A firm certified by DCA to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17. This includes the ability to perform dust-wipe sampling.
An individual certified by DOH to perform lead inspection and risk assessment work pursuant to N.J.A.C. 8:62. This includes the ability to perform dust wipe sampling.
Interim control as defined above.
Paint or other surface coating material that contains lead in excess of 1.0 milligram per centimeter squared or in excess of 0.5% by weight, or such other level, as may be established by federal law.
Any condition that causes exposure to lead from lead-contaminated dust or lead-contaminated paint that is deteriorated or present on surfaces that would result in adverse human health effects.
That a dwelling has been certified to have no lead-based paint or has undergone lead abatement in accordance with N.J.A.C. 5:17.
The certification issued pursuant to N.J.A.C. 5:28A, which confirms that a periodic lead-based paint inspection was performed and that no lead-based paint hazards were found.
That a dwelling has been found to have no outstanding lead-based paint hazards, but does not mean that the dwelling is certified as lead-free.
Any building or structure and any land appurtenant thereto and any portion thereof in which three or more dwelling units are occupied or intended to be occupied by three or more persons living independently of each other;
Any group of 10 or more buildings on a single parcel of land or on contiguous parcels under common ownership, in each of which two dwelling units are occupied, or intended to be occupied, by two persons or households living independently of each other, and any land appurtenant thereto, and any portion thereof. Buildings or structures excluded pursuant to N.J.S.A. 55:13A-3(k) are not included in this definition.
A lead evaluation contractor retained by the Township of Old Bridge.
The initial inspection of all applicable dwelling units at the earlier of two years from the effective date of P.L. 2021, c. 182 (July 22, 2022), or tenant turnover, and thereafter the earlier of three years or upon tenant turnover, consistent with N.J.A.C. 5:28A-2.1, for the purposes of identifying lead-based paint hazards in dwellings subject to this article.
Interim controls or lead abatement work undertaken in conformance with this article and N.J.A.C. 5:28A to address lead-based paint hazards.
The time at which all existing occupants vacate a dwelling unit, and all new tenants move into the dwelling unit, or the time at which a new tenant enters a vacant dwelling unit.
A visual examination for deteriorated paint or visible surface dust, debris, or residue, and as conducted pursuant to N.J.A.C. 5:28A-2.3 and this article.
All rental single-family, two-family, and multiple dwelling units must be inspected for lead-based paint hazards in accordance with this article except for those listed under § 235-25, Exemptions. All applicable inspections shall apply to interior spaces within dwellings. This is interpreted to include any common areas that tenants of a rental dwelling have access to, including hallways and basements, in two-family and multiple dwelling rentals. Dust wipe samplings are required for all lead-based paint inspections.
A.
Visual assessments. Periodic lead-based paint inspections may be performed through visual assessment if, according to the central lead screening database maintained by DOH, or other data deemed appropriate by DOH, Old Bridge Township is a municipality in which less than 3% of children tested, six years of age or younger, have a blood lead level greater than or equal to five ug/dl.
(1)
Pursuant to N.J.A.C. 5:28A-2.3(a)1, for visual assessments, dwellings must be examined in accordance with the guidelines and regulations promulgated by the United States Department of Housing and Urban Development ("HUD") set forth at 42 U.S.C. § 4851b for deteriorated paint or visible surface dust, debris, or residue on all painted building components, especially any walls, window, trim, and surfaces that experience friction or impact.
B.
Dust wipe sampling. Dust wipe sampling is required if, according to the central lead screening database maintained by DOH, or other data deemed appropriate by DOH, Old Bridge Township becomes a municipality in which 3% or more of children tested, six years of age or younger, have a blood lead level greater than or equal to five ug/dl, or if different, the level set forth at N.J.S.A. 52:27D-437.16.
(1)
Pursuant to N.J.A.C. 5:28A-2.3(b)1, dust wipe sampling must be performed by the collection of samples from the wiping of representative surfaces, including floors, interior windowsills, and other similar surfaces, and tested in accordance with methods approved by HUD.
A.
Initial inspections. At tenant turnover, or within two years of July 22, 2022 (the effective date of P.L. 2021, c. 182), whichever is sooner, every single-family, two-family, and multiple rental dwelling subject to this article located within the Township shall be inspected for lead-based paint hazards.
B.
Periodic inspections. After the initial inspection, all dwelling units shall be inspected for lead-based paint hazards the earlier of every three years or upon tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification for the dwelling unit. Periodic lead-based paint shall be counted from the most recent periodic lead-based paint inspection which resulted in a valid lead-safe certification.
C.
Dwelling owners or landlords may satisfy the requirements of this section by hiring a lead evaluation contractor certified to provide lead paint inspection services by the Department of Community Affairs ("DCA").
D.
Every owner of a dwelling unit subject to this section shall be responsible for obtaining the required inspection. The owner may directly hire and pay for the lead evaluation contractor to conduct the periodic lead-based paint inspections for lead-based paint. Inspections shall be conducted pursuant to N.J.A.C. 5:28A-2.3 or request a Township Facilitated Inspection pursuant to § 235-22.
E.
The Division of Housing/Code Enforcement office will provide a list of lead evaluation contractors certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:171.1 et seq. to owners who request it.
A Municipal Lead Inspector or vendor designated by the Township of Old Bridge shall be authorized and empowered to conduct periodic lead-based paint inspections for all applicable rental dwelling units in accordance with N.J.S.A. 52:27D-437.16 and N.J.A.C. 5:28A-1.1 et seq.
A.
Notice of inspection.
(1)
Request for an initial lead inspection by a Township-facilitated inspector or vendor must be submitted in writing by the property owner a minimum of 10 business days prior to the scheduled date of tenant turnover. It is the responsibility of the property owner to schedule inspections.
(2)
Request for a Township-facilitated or vendor inspection must be submitted in writing by the property owner a minimum of 10 business days prior to the scheduled date of tenant turnover or expiration of the required three-year inspection period.
C.
Every inspection for which the landlord, tenant, owner or agent has failed to provide access for inspection shall be deemed a failed inspection and the inspection fees shall be forfeited. If an owner desires to cancel an inspection, a written notice of cancellation must be provided to the Township with a minimum of 24 business hours in advance of the scheduled inspection. Business hours are Monday through Friday, 9:00 a.m. through 5:00 p.m., excluding holidays.
D.
The Township Housing/Code Enforcement Officer, designee, or certified lead evaluation contractor responsible for inspecting single-family, two-family, and multiple rental dwellings pursuant to this article may consult with the local health board, the State of New Jersey Department of Health, and/or the State of New Jersey Department of Community Affairs concerning the criteria for the inspection and identification of areas and conditions involving a high risk of lead poisoning in dwellings, methods of detection of lead in dwellings, and standards for the repair of dwellings containing lead paint.
A.
A dwelling owner or landlord may hire a private lead evaluation contractor certified to provide lead paint inspection services in accordance with N.J.S.A. 52:27D-437.1 et seq., to conduct lead paint inspections and provide lead-safe or lead-free certificates in lieu of obtaining a Township-facilitated inspection. Dust wipe samplings are required for all lead-based paint inspections.
B.
The Township retains the authority to prohibit an owner from directly hiring a private lead evaluation contractor to conduct a periodic lead-based paint inspection where:
C.
If the Township restricts the owner from directly hiring a private lead evaluation contractor, the Township shall provide written notice to the owner that a Township-facilitated inspection or inspection through another vendor is required with applicable fees.
A.
If an inspection determines that a lead-based paint hazard exists, then the owner of the dwelling unit must remediate the lead-based paint hazard by using abatement or lead-based paint hazard control methods approved in accordance with the provisions of the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437.1 et seq. A follow-up inspection is required to certify that the hazard has been properly remediated.
(1)
If hazard controls are employed, the follow-up inspection must be conducted using dust wipe sampling. If the follow-up inspection shows that the hazard is no longer present, the unit must be certified as lead-safe pursuant to the lead-safe certification requirements set forth in N.J.A.C. 5:28A-2.4. Documentation of such remediation shall be provided to the Township Housing/Code Enforcement Officer.
(2)
If abatement is utilized, and a lead abatement clearance certificate has been issued in accordance with N.J.A.C. 5:17, then the lead-free certificate issued at the final clearance inspection shall exempt the dwelling from future periodic lead-based paint inspections.
(3)
To the extent dust wipe sampling is required as part of the remediation process, the owner must have such testing performed by a licensed contractor.
B.
If an inspection determines that no lead-based paint hazard exists or following remediation of a lead-based paint hazard, the Township shall certify the dwelling unit as lead-safe on a form prescribed by DCA. This certification shall be valid for two years. If the inspection was conducted by a lead evaluation contractor, the contractor must provide a copy of the lead-safe certificate to the owner and the Township.
C.
If a lead hazard is identified in an inspection of one of the dwelling units in a building consisting of two or three dwelling units, then the remainder of the building's dwelling units shall be inspected for lead hazards, except for dwelling units that have been certified to be free of lead-based paint. These additional inspections are subject to fees.
D.
If the Township Housing/Code Enforcement Officer, designee, or certified lead evaluation finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to this chapter, then the inspector shall notify the Commissioner of Community Affairs, who shall review the findings in accordance with the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D-437.8).
The following dwelling units in a single-family, two-family, or multiple rental dwelling are not subject to inspection and evaluation for the presence of lead-based paint hazards:
A.
Dwelling units that have been certified to be free of lead-based paint pursuant to N.J.A.C. 5:17.
B.
Dwelling units constructed during or after 1978.
C.
Single-family and two-family seasonal rental dwellings rented for less than six months in duration each year by tenants that do not have consecutive lease renewals.
D.
Multiple rental dwelling units constructed prior to 1978 that have been registered with the DCA for at least 10 years and have no outstanding paint violations from the most recent cyclical inspection performed on the dwelling pursuant to the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq. and N.J.A.C. 5:10.
(1)
All multiple dwelling units constructed prior to 1978 that have been registered with the DCA for at least 10 years and that have a current certificate of inspection issued by DCA.
E.
Dwelling units 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 under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
F.
Dwellings that have a valid lead-safe certification issued in accordance with this article and N.J.A.C. 5:28A. Lead-safe certifications are valid for two years from the date of issuance pursuant to N.J.A.C. 5:28A-2.4.
A.
The Township Housing/Code Enforcement Division is charged with enforcing the provisions of this article. In carrying out this function, the Division may consult with all appropriate federal, state, county, and local agencies concerning the criteria for the inspection and identification of areas and conditions involving a high risk of lead poisoning in such dwellings, methods of detection of lead in such dwellings, and standards for the repair of such dwellings concerning lead paint.
B.
Pursuant to N.J.A.C. 5:28A-2.1(d), the Municipal Inspector shall exercise appropriate oversight of a landlord or owner who chooses to hire a lead evaluation contractor to perform the periodic lead-based paint inspection.
A.
In cases where visual inspections are sufficient pursuant this Chapter 235, the inspection fees are as follows:
(1)
Inspections conducted as part of the certificate of approval process pursuant to § 235-16: $40, plus an additional $20 per unit inspected for deposit into the Lead Hazard Control Assistance Fund established pursuant to N.J.S.A. 52:27D-437.4. The $20 surcharge does not apply where the unit owner demonstrates that the DCA has already assessed such a surcharge pursuant to N.J.S.A. 52:27D-437.10.
(2)
Other inspections: fees associated with lead paint inspections by the Township Housing/Code Enforcement Officer or designee for one-bedroom unit, $150; two-bedroom unit, $200; three-bedroom unit, $250; four-bedroom unit, $300; five-bedrooms or more $350, plus an additional $20 per unit inspected for deposit into the Lead Hazard Control Assistance Fund established pursuant to N.J.S.A. 52:27D-437.4. The $20 surcharge does not apply where the unit owner demonstrates that the DCA has already assessed such a surcharge pursuant to N.J.S.A. 52:27D-437.10.
B.
Inspection fees charged for dwelling units in a common interest community are the responsibility of the unit owners, not homeowners' associations, unless the dwellings are association-owned.
C.
Fees collected must be dedicated to cover the costs of implementing and enforcing this article and must not be used for any other purpose.
A.
The Division of Housing/Code Enforcement shall maintain a record of all dwellings subject to this article, including all current information on inspection schedules, inspection results, and tenant turnover.
B.
The Division of Housing/Code Enforcement shall also maintain a record of all lead-safe certifications issued pursuant to this article and all lead-free certifications issued pursuant to N.J.A.C. 5:17.
C.
Any time a lead evaluation contractor performs an inspection; the lead evaluation contractor must provide the Division of Housing/Code Enforcement a copy of any lead-safe certification issued.
D.
Owners of dwellings must provide evidence of a valid lead-safe certification obtained pursuant to this article to new tenants of the property at the time of tenant turnover unless not required to have had an inspection by the Housing/Code Officer, designee, or certified lead evaluation contractor pursuant to this article and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease.
E.
Owners of dwellings subject to this chapter shall comply with the recordkeeping requirements imposed pursuant to N.J.A.C. 5:28A-3.1.
A.
Pursuant to N.J.S.A. 52:27D-437.6 and N.J.A.C. 5-28A-4.1, the Township Housing/Code Enforcement Officer is authorized to conduct investigations and issue penalties in order to enforce an owner's failure to comply with this article.
B.
Offending owners have 30 days to cure any violation by conducting the required inspection or initiating any required remediation efforts.
C.
If the dwelling owner has not cured the violation or initiated remediation efforts within 30 days, the owner shall be subject to a penalty of $1,000 per week until the required inspection has been conducted or the remediation efforts have been initiated.
D.
Any other violation of the provisions of this article shall be subject to a fine of not less than $100 or more than $1,000 for each offense.
E.
For the purposes of this section, remediation efforts are deemed to have been initiated when the owner has hired a lead abatement contractor or other qualified party to perform lead hazard control methods.
F.
Failure to conduct the required inspection, or remediate a lead-based paint hazard, shall constitute a violation of the International Property Maintenance Code adopted pursuant to Chapter 366 of the Township Code, and any unpaid penalties imposed for such violations may be assessed as liens against the subject property.