Howell Township recognizes the requirement to perform inspections in accordance with the New Jersey Uniform Fire Code before any one- and two-family or attached single-family structure is sold, leased, or otherwise made subject to a change of occupancy for residential purposes, the owner shall obtain a certificate of smoke alarm, carbon monoxide alarm, and secondary power source compliance to protect the health, safety and wellness of all residents and first responders within Howell Township. The Township finds the issuance of a Certificate of Smoke Alarm, Carbon Monoxide Alarm, and Secondary Power Source Compliance (herein this chapter known as a "certificate") to be appropriate after an inspection of the property has been completed and it has been determined that the structure and property is fit for habitation and occupancy. The Certificate of Smoke Alarm, Carbon Monoxide Alarm, and Secondary Power Source Compliance Inspection is designed to efficiently accomplish this purpose.
A.
Certificate requirements.
(1)
No one- and two-family or attached single-family dwelling in the Township may be sold, re-sold, leased or otherwise made subject to a change of occupancy for residential purposes without the owner thereof obtaining a certificate from the Bureau of Fire Prevention.
(2)
The owner of title, or designated agent, of the residential dwelling is responsible for submitting the required application packet and fees in accordance with this section. In the event title of property changes ownership prior to the provision of a certificate, responsibility to obtain a certificate shall transfer with any change in title of the property and the subsequent owner will be responsible for all items necessary to obtain the certificate.
(3)
Failure to obtain a certificate constitutes a violation of this Code section subject to the fines and penalties provided hereunder.
B.
Applications; inspections.
(1)
Fees associated with applications for certificate shall be determined based upon the tiered schedule provided in § 139-16G of this Code.
(2)
Only the record owner, authorized designee, licensed realtor, or authorized seller of the subject property may apply for a certificate. If the record owner or authorized seller is an estate, corporation, limited liability company, partnership, or other entity, the application must be submitted and signed by the executor, administrator, officer, managing member, partner, or other agent with the legal authority to act on behalf of the entity in connection with the subject premises.
(3)
After a complete application is filed, the Bureau of Fire Prevention shall conduct an inspection of the subject dwelling. The inspection shall include a physical inspection of the subject property evidencing compliance with N.J.A.C. 5:70-4.19.
(4)
An individual 18 years of age or older shall be on site on behalf of the record owner to facilitate the scheduled inspection.
(5)
The findings of the inspection shall be documented in a written report, a copy of which shall be provided to the applicant; and the record owner, if different from the applicant. The report shall be completed no later than five business days' following the completion of the inspection.
C.
Right of entry. Upon presentation of proper identification, the owner, occupant or person in charge of a dwelling, dwelling unit, or rooming unit shall give the enforcing officials or their agent free access to the premises for the purpose of inspection or evaluation of repairs or alterations which are necessary to effect compliance with this chapter.
D.
Inspection criteria for certificate: issuance of a certificate shall be predicated on a successful inspection.
(1)
The requirements of N.J.A.C. 5:70-2.3(a) and associated criteria within N.J.A.C. 5:70-4.19 for a successful inspection shall be maintained by the Howell Township Bureau of Fire Prevention and shall be available for review at the Bureau's offices upon request.
(2)
Secondary power source identification requirements in accordance with P.L. 2025, c. 19, provides labeling requirements for certain residential structures containing secondary power sources. ANSI Z535.4 compliant labels will meet the requirements.
E.
Issuance of certificate; violations; corrections.
(1)
Upon the filing of a completed application, payment of the prescribed fee, and a satisfactory inspection, the owner shall be entitled to the issuance of a certificate no later than five business days after the inspection has concluded.
(2)
If the subject applicant dwelling fails inspection, the Bureau of Fire Prevention shall notify the applicant and the record owner, if different from the applicant, in writing in the form of an inspection report no later than five business days after the completion of the inspection. The inspection report shall identify the deficiencies and the location of each. The applicant must thereafter schedule a re-inspection to determine if the violations have been appropriately remediated. Un-remedied violations preclude the issuance of a certificate.
(3)
Occupying a dwelling without first obtaining a certificate is a violation of this Code section and N.J.A.C. 5:70-2.3. Written notice shall be given of said violation with a requirement to file application within 14 days of notice. The owner must obtain a certificate within 30 days of a violation notice. In the case of unsafe conditions, the violation period may be reduced at the Bureau's discretion. Representatives of the Township of Howell including but not limited to the Board of Health Officer, Construction Official, Code Enforcement Official, and the Police Department to assist in the enforcement of this chapter or identification of unfit dwellings or emergencies which requires immediate action to protect public health or safety.
(4)
An owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises subject to the provisions of P.L. 1991, c. 92 (N.J.S.A. 52:27D-198.1 et seq.) when the premises do not comply with the requirements of Section 1 of P.L. 1991, c. 92 (N.J.S.A. 52:27D-198.1), or without complying with the inspection and certification requirements of Section 2 of P.L. 1991, c. 92 (N.J.S.A. 52:27D-198.2), shall be subject to a fine of $500, which shall be collected and enforced by the local enforcing agency as defined in subsection g of Section 5 of P.L. 1983, c. 383 (N.J.S.A. 52: 27D-196) by summary proceedings pursuant to the "Penalty Enforcement Law of 1999," P.L. 1999, c. 274 (N.J.S.A. 2A:58-1 et seq.).
(5)
Enforcement of this Code section shall be undertaken by the Bureau of Fire Prevention, which shall consult as necessary with other Township agencies as necessary for the proper enforcement of this Code section.
F.
Validity and expiration. A certificate shall be valid for six months from the date issued and shall be issued to the property that is the subject of a certificate application. In the event of a change in purchaser during the six-month period, the certificate issued shall remain valid. Following the expiration of the six-month time period, a new application and fee for a certificate must be submitted.
G.
Exceptions.
(1)
Title may transfer without seller having obtained a certificate provided that the parties to a transaction involving a sale of a residential dwelling file an affidavit on a form promulgated by the Township of Howell. This shall be known as a "Residential Re-Sale Certificate — No Occupancy," jointly certifying as follows: The purchaser acknowledges and agrees, to refrain from occupying the subject dwelling in any way until a CO or certificate is issued. The affidavit in this case shall confirm notice of the prohibition on occupancy, and any occupancy in contradiction to this affidavit shall be deemed as an immediate violation and penalties shall be issued to the property owner without further warning. A site inspection shall be conducted by the Bureau of Fire Prevention prior to issuing a "Residential Re-Sale Certificate - No Occupancy" confirming the subject dwelling is deemed unsuitable for occupancy.
(2)
In the case of an "as-is" purchase or a purchase with planned demolition or major reconstruction of structure, An application for Residential Resale Certificate — No Occupancy must be submitted prior to the transfer of title. It is the responsibility of the new title owner of record of the property to perform all work in accordance with the New Jersey Uniform Construction Code. Occupancy prior to the issuance of a certificate is a violation of this chapter.
(3)
The purchaser accepts sole and full responsibility to obtain all necessary inspections, permits, and certifications, and to take all remedial action necessary to qualify the subject dwelling for occupancy.
(4)
New construction of a residential dwelling does not require provision of a certificate if a full CO has been granted by the Construction Department within the last year. This exception will only apply to the first owner of a newly constructed residential dwelling.