[HISTORY: Adopted by the Mayor and Council of the Borough of Bradley Beach as indicated in article histories. Amendments noted where applicable.]
Moving of buildings; storage sheds — See Ch. 142.
Fire prevention — See Ch. 210.
Housing standards — See Ch. 262.
Liquid fuel — See Ch. 281.
Property maintenance and housing standards — See Ch. 350.
Relocation assistance — See Ch. 361.
Rental property — See Ch. 365.
Swimming pools — See Ch. 406.
Zoning — See Ch. 450.
Article I Uniform Construction Code Enforcement
Article II Certificates of Occupancy
§ 160-12 Application for certificate of occupancy; temporary certificate of occupancy; compliance with regulations required.
[Adopted 12-21-1976 (Secs. 12-1.1 through 12-1.7 of the 1974 Code)]
There is hereby established in the Borough of Bradley Beach a State Uniform Construction Official, building subcode official, plumbing subcode official, electrical 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. The Construction Official shall establish the day-to-day operating routines of the agency and shall coordinate the activities of the subcode officials. He shall be qualified in accordance with Part IV of the Regulations, in at least one subcode.
Each official position created in Subsection 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, any on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one 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 such position.
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
The public shall have the right to do business with the enforcing agency at one office location except for emergencies and unforeseen or unavoidable circumstances.
No person employed by the enforcing agency as the construction or subcode official, trainee, inspector or plan reviewer shall engage in, or otherwise be connected directly or indirectly for purposes of economic gain, with any business or employment furnishing labor, material, appliances or services for the construction, alteration, demolition or maintenance of buildings or structures within the Borough of Bradley Beach; nor shall any such official or employee engage in any other activity or work which conflicts with his official duties.
Fees may be waived at the discretion of the enforcing agency for the following autonomous agencies, such as public institutions.
All appeals from decisions of the enforcing agency shall be made to the Construction Board of Appeals of the County of Monmouth.
[Amended 3-8-1977; 1-9-1979; 1-8-1980; 5-26-1981; 3-8-1983; 12-31-1984; 4-14-1992; Ord. No. 1993-03; Ord. No. 1999-20; Ord. No. 2000-02; Ord. No. 2001-11; Ord. No. 2002-12; Ord. No. 2003-13; 3-22-2004 by Ord. No. 2004-4; 2-8-2005 by Ord. No. 2005-2; 8-23-2005 by Ord. No. 2005-23; 3-13-2012 by Ord. No. 2012-4]
Plan review fee. The fee for plan review shall be 20% of the amount to be charged for a new constriction permit. There shall be an additional fee of $50 per hour or part thereof per subcode having assigned plan review responsibility for review of an amendment or change to a plan that has already been released. This fee may be waived at the discretion of the Construction Official in the event the work and review is of minor nature.
The basic construction fee shall be the sum of the parts computed on the basis of the volume or the cost of construction, the number of plumbing fixtures and pieces of equipment, the number of electric fixtures and devices and the number of sprinklers, standpipes and detectors (smoke and heat) at the unit rates and/or the applicable flat fees provided herein plus any special fees. The minimum fee for a basic construction permit covering any or all of building, plumbing, electric or fire protection work shall be $60 per subcode except as herein noted, as follows.
Building volume or cost. The fees for new construction or alteration are as follows:
Fees for new construction shall be based upon the volume of the structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The new construction fee shall be in the amount of $0.034 per cubic foot of volume. The minimum fee shall be $125.
Fees for reconstruction, renovations, alterations and repairs or site construction associated with premanufactured construction, and external utility connections for premanufactured construction shall be based upon the estimated cost of the work. The fee shall be in the amount of $30 per $1,000 of the estimated cost of work up to $50,000. From $50,001 to and including, $100,000, the additional fee shall be in the amount of $24 per $1,000 of the estimated cost above $50,000. Above $100,000, the additional fee shall be in the amount of $18 per $1,000 of the estimated cost above $100,000.
For the purpose of determining the estimated cost, the applicant shall submit such data as may be available produced by the architect or engineer of record, or by a recognized estimating firm, or by the contractor. A bona fide contractor's bid, if available, shall be submitted. The construction official shall make the final decision regarding estimated cost.
Fees for additions shall be computed on the same basis for new construction of the added portion.
The fee for tents requiring a construction permit shall be $100.
The fee for temporary structures requiring a construction permit shall be $75.
The fee for roofing and siding work completed on structures in shall be considered renovation and calculated as per Subsection B(1)(b) above. The maximum fee for a R-3 and R-5 structure shall be $400.
The fee for an aboveground swimming pool shall be $75.
The fee for an in-ground swimming pool with a surface area greater than 800 square feet shall be $250: the fee for all other cases shall be $150.
The fee for replacing barriers surrounding and enclosing swimming pools required to have barriers shall be $60.
The fee for a permit to construct a sign shall be in the amount of $2 per square foot of surface area of the sign, computed on one side only for a double-faced sign. The minimum fee shall be $60.
The fee for a permit for lead hazard abatement work shall be $161. The fee for lead abatement clearance certificate shall be $32.
The fee for a permit to move a building or structure from one lot to another, or to a new location on the same lot, shall be $81 plus an additional fee based upon the cost of the new foundation and alterations to the building and the placement of the building in its new location as required for renovations, alterations and repairs in Subsection B(1)(b).
The fee to erect a fence greater than six feet in height shall be $60.
The fee for an asbestos removal permit shall be $81.
Fees for retaining walls that require a construction permit shall be as follows:
The fee for a retaining wall with a surface area greater than 550 square feet that is associated with a Class 3 residential structure shall be $150;
The fee for a retaining wall with a surface area of 550 square feet or less that is associated with a Class 3 residential structure shall be $75;
The fee for a demolition removal permit shall be $100 for structures of less than 5,000 square feet in area and less than 30 feet in height, and for one- and two-family residences. The fee shall be $200 for all other structures. (Accessory structures, garages and sheds with no utilities shall be $60.)
Plumbing fixtures and equipment. The fees shall be as follows:
The fee shall be $15 per plumbing fixture and or water closet, urinal, bidet, bathtub, shower, lavatory, sink, laundry tub, floor drains, drinking fountains, residential dishwashers, garbage disposals, clothes washers, water heaters up to 99 gallons, recirculation systems, roof drains, hose bibs, residential oil piping, manholes, reheat coils, condensate drains, or similar devices, except as listed below.
The fee shall be $75 per special device for the following: grease traps, oil separators, water utility connections per every 150 lineal feet, sewer utility connections per every 150 lineal fee, commercial dishwashers, backflow preventors in other than one- and two-family dwellings, sewer pumps, interceptors, active solar systems and, testing of waste and vents for modular homes.
The fee shall be $35 for the installation of lawn sprinkler backflow preventors.
The fee shall be $60 for the installation of a boiler (hot water or steam) up to 250,000 Btu's.
The fee shall be $250 for the installation of a boiler (hot water or steam) 250,001 Btu's and above.
The fee for the installation of gas piping shall be $65 plus $30 per appliance connection to the system.
The fee shall be $40 for the installation of a water heater 100 gallons and up.
The fee shall be $30 for commercial oil piping. Adding to an existing system shall be $20.
For cross-connections and backflow preventors that are subject to testing, the fee shall be $75 per device for each test.
The fee shall be $56 for the installation of air conditioning for use groups R-2, R-3, R-4 and R-5.
The fee shall be $110 for the installation of industrial and commercial air conditioning and refrigeration.
The fee for the installation of hydronic piping shall be $35 per every 100 lineal feet.
The fee for the installation of medical gas shall be $65 per system plus $13 for each station, outlet, inlet, or alarm box.
The fee for the installation of a geo-thermal system shall be $65.
The fee for the demolition of a sewer or water service, or a septic system shall be $60.
The fee for the installation of pool drains associated with swimming pools shall be $60.
The electrical subcode fees shall be as follows:
For the first block of one to 25 receptacles, fixtures or devices, the fee shall be $36. For each additional block consisting of up to 25 receptacles, fixtures or devices, the fee shall be $20. For the purpose of computing this fee, receptacles, fixtures or devise shall include wall switches, convenience receptacles, light fixtures, exit signs, emergency lights, smoke detectors, CO detectors, heat detectors, communications points, rain sensor, CATV, intercoms, alarm devices, glass-breaks, motion sensors, keypads, light standards eight feet or less in height including luminaries, thermostats, energy management points, sensors, dimmers, or similar electric fixtures and devices rated 20 amperes or less including motors or equipment rated less than one horsepower (hp) or one kilowatt(kW).
For each service equipment, panel board, load center, overhead service entrance conductor, motor starter, motor control center, automatic transfer switch, disconnecting means, and future electric, such as circuits installed for future use or intermittent needs (All bonding and grounding for the above items are included), the fee shall be:
For each generator, transformer, and all other items measured in kW not specified in this fee schedule, the fee shall be:
For each piece or unit of equipment used for air conditioning, refrigeration, measured in tonnage, the fee shall be $13 per ton.
For each swimming pool, spa, hydro-massage tub, hot tub or sauna, (fee includes one GFCI, one timer, up to two underwater lights (UW), bonding and trenches up to 150 lineal feet), the fee shall be:
Aboveground swimming pool for group R-5: $75.
In-ground swimming pool for group R-5: $100.
Swimming pool for all other groups: $150.
Spa, hydro-massage tub, hot tub, sauna: $35.
Annual commercial pool inspection: $65.
For each additional UW light, add: $5.
Trenches over 150 feet, add $43 for each 150 lineal feet.
For each burglar alarm panel, fire alarm panel, intercom panel, audio video head-end panel, energy management control panel, communications closet, and automated card access panels, the fee shall be $35 per panel.
For each trench of 150 lineal feet for primary power, secondary power, and communications, the fee shall be $35.
For light standards above 8.0 feet in height (includes first 150 lineal feet of trench), the fee shall be $15 per fixture. Trenches over 150 lineal feet shall be $35 for each additional 150 lineal feet.
For each hardwired sign, the fee shall be $56.
For all lighting protection, lightning arrester systems, other than service electrode, the fee shall be $13 for each point, lighting rod or arrestor.
For each satellite dish, the fee shall be $43.
For fire protection and hazardous equipment, sprinklers, standpipes, detectors (smoke and heat), pre-engineered suppression systems, gas- and oil-fired appliances not connected to the plumbing system, kitchen exhaust systems, incinerators, crematoriums, fireplaces and flues, the fee shall be as follows:
Sprinkler heads and smoke or heat detectors.
The installation, relocation or alteration of sprinkler heads and single or multiple-station smoke or heat detectors not connected to a fire system panel:
The fee for 20 or fewer sprinkler heads or detectors shall be $65.
The fee for 21 to and including 100 sprinkler heads or detectors shall be $125.
The fee for 101 to and including 200 sprinkler heads or detectors shall be $250.
The fee for 201 to and including 400 sprinkler heads or detectors shall be $525.
The fee for 401 to and including 1,000 sprinkler heads or detectors shall be $800.
The fee for over 1,000 sprinkler heads or detectors shall be $1,050.
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.
The fee for the installation of a fire alarm panel shall be $50. The fee for each smoke and heat detector, pull station, horn, strobe enunciator, tamper switch, flow switch, and any other device connected to the fire alarm panel shall be as follows:
The fee for each standpipe shall be $210.
The fee for each independent pre-engineered system shall be $100.
The fee for each gas- or oil-fired appliance shall be $60.
The fee for each commercial exhaust system shall be $75.
The fee for each gas fireplace shall be $60. The fee for each solid fuel burning fireplace shall be $86.
The fee for each flue, vent and chimney liner shall be $55.
The fee shall be $69 for the installation of residential fuel tanks.
The fee for the installation of commercial fuel tanks up to and including 1,000 gallons shall be $120 each. For tanks 1,001 gallons and above the fee shall be $225 each.
The fee for the removal or abandonment of a fuel storage tank shall be $69 for each tank under 2,000 gallons and $100 for each tank 2,000 gallons and above.
The fee for each incinerator shall be $420.
The fee for each crematorium shall be $420.
The fee for fire-suppression system underground piping up to the building shall be $75 per every 150 lineal feet.
The fee for the inspection of gasoline vapor/product line shall be $69.
The fee for the installation of a smoke-control system shall be $250.
Certificates and other fees as follows:
The fee for a certificate of occupancy shall be 10% of all construction permit and permit update fees. The minimum fee shall be $85.
The fee for a certificate of occupancy granted pursuant to a change of use group shall be $150.
The fee for a continued certificate of occupancy shall be $150.
The fee for a temporary certificate of occupancy shall be $30. There shall be no fee for the first issuance of the temporary certificate of occupancy, provided the certificate of occupancy fee is paid at that time.
The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $75. The fee for a resubmission of an application for a variation shall be $50.
The minimum fee for any building, electrical, fire and plumbing permit shall be $60.
The fee to reinstate a lapsed construction permit shall be 10% of the cost of the original permit, but in no case less than $60.
The fee for the issuance of a construction permit as a result of changing from one contractor to another shall be $25 plus the fees normally charged for any additional items that were not previously included.
The fee for development-wide inspection of homes after the certificate of occupancy ordered pursuant to N.J.A.C. 5:23-2.35 or otherwise shall be:
The hourly charge shall be an amount equal to twice the hourly base salary paid to any licensed code official(s) performing the work or the hourly fees charged to the municipality by a professional contracted to provide such services;
The fees, payments, accounting procedures and limits shall be set in accordance with and subjected to N.J.A.C. 5:23-4.17(d)1 to 5.
Pursuant to the rules adopted by the New Jersey Department of Children and Families, the fee for the issuance of a letter of verification of the prior uses of a structure that is intended to be used for a child-care facility shall be $86.
The Construction Official shall, with advice of the subcode official, prepare and submit to the Borough Council of the Borough of Bradley Beach, annually, 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.
In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act, the enforcing agency shall collect a state permit fee as required by New Jersey Administrative Code.
[Added 4-14-1992; amended by Ord. No. 1994-08; 6-22-2010 by Ord. No. 2010-4; 2-22-2011 by Ord. No. 2011-2]
The fee for a certificate of occupancy issued in reference to the rental or change of occupancy of any residential unit shall be $50 for each residential unit. The fee for a certificate of occupancy issued in reference to a sale or other transfer of title of a property containing a single-family dwelling structure shall be $90. The fee for a certificate of occupancy issued in reference to a sale or other transfer of title of any property containing a single-family dwelling structure and an additional accessory unit, or consisting of a two-family dwelling structure, shall be $100.
The fee for a certificate of occupancy for a multi-unit dwelling structure, other than a two-unit dwelling structure as described herein above, shall be $125 up to five units. The fee for a certificate of occupancy for a multi-unit dwelling structure in excess of five units shall be $125 plus $30 per each additional unit in excess of five units.
The fee for a certificate of occupancy issued in reference to the rental or change of occupancy of any commercial unit shall be $90 for each commercial unit. The fee for a certificate of occupancy issued in reference to a sale or other transfer of title of a single-unit commercial structure shall be $145. The fee for a certificate of occupancy issued in reference to the sale of transfer of title of multi-unit structures containing a commercial unit shall be $145 plus $30 for each additional commercial or residential unit.
The fee for a reinspection in connection with any certificate of occupancy shall be $25 per unit.
The fees herein are applicable to all applications for certificates of occupancy received by the Borough of Bradley Beach more than 10 days prior to the occupancy, rental, sale, transfer of title or other act, occurrence or circumstance in reference to which the application is made. For all applications made within 10 to five days prior to any such occupancy, rental, sale, transfer of title or other act, occurrence or circumstance, in addition to the fees described herein, the Borough shall assess an additional fee of $25. For all applications made within four days or less prior to any occupancy, rental, sale, transfer of title or other act, occurrence or circumstance, in addition to the fees described herein, the Borough shall assess an additional fee of $50.
The fire limits heretofore established by the applicable Borough ordinances shall be considered to be the fire limits established as required by N.J.A.C. 5:23.
The Construction Official shall prepare and submit to the Borough Council of the Borough, biannually, a report reevaluating the delineation of the fire limits. This report shall indicate the recommendations of the Construction Official, the building subcode official, and the fire subcode official regarding those areas which should be designated as within fire limits, with the reasons therefor.
The fire districts of the Borough shall be established as follows:
Fire District Number One. Beginning at a point in the southern boundary of the Borough 150 feet east of the east line of Main Street; thence northerly parallel to Main Street to the northern boundary of the Borough; thence westerly along the northern boundary to the western boundary of the Borough; thence southerly along the western boundary of the Borough to its intersection with the southern boundary of the Borough; thence easterly to the point of beginning.
Fire District Number Two. Beginning at a point in the northern boundary line of the Borough at its intersection with the center line of Ocean Avenue extended; thence southerly along the center line of Ocean Avenue to the southern boundary of the Borough; thence westerly to the center line of Beach Avenue extended; thence northerly along the center line of Beach Avenue extended; thence northerly along the center line of Beach Avenue to the northern boundary of the Borough; thence eastwardly along the northern boundary of the Borough to the point of beginning.
All other areas shall be designated "Outside Fire Limits."
[Adopted 2-23-1971 (Secs. 12-1.8 through 12-1.19 of the 1974 Code)]
No person shall occupy, rent, lease, sell, transfer title or permit the occupancy, letting or sale, or allow any person to live in or upon or inhabit as a tenant or occupant or to occupy as any new owner or co-tenant or co-owner any dwelling house or dwelling unit or any portion of a premises occupied for a separate and distinct commercial use within the confines of the Borough unless such person first obtains from the Code Enforcement Officer of the Borough a certificate of occupancy and permit authorizing any of the foregoing and when any of the foregoing shall take place.
The provisions of § 160-3 shall apply to any and all new additional lettings, tenants, transfers of title of premises or any part thereof and occupancies of any dwelling house or dwelling unit or portion of premises occupied for a separate and distinct use within the Borough upon the vacating of same by any and each occupant hereafter whether the occupant was a tenant or owner, occupant or co-owner not covered by either of the foregoing as may hereafter occur whether the reoccupancy is by virtue of transfer of title of the dwelling house or dwelling unit or by virtue of rental of any of the foregoing or by virtue of any other action not specifically herein enumerated.
[Amended 4-23-1974; 1-9-1979; 3-27-1979]
As used in this chapter, dwelling house shall include but not be limited to any one-family dwelling constructed for or occupied by more than one family, and a dwelling unit as applicable to this chapter shall include any and all apartments or portions of apartments in any apartment house or apartment structure and shall also include any and all living quarters and rooms in any motel where the rental thereof is for 30 days or more. A dwelling unit shall also include a unit in a condominium and that the sale or rental of any such condominium unit shall require certificates of occupancy applications and approvals, as set forth in this chapter, the same as required for any dwelling house or dwelling unit requiring the foregoing. This shall apply to every dwelling house and to every dwelling unit as defined aforesaid within the Borough whether the same are situated in single-dwelling structures or multiple-dwelling structures; but there shall be deemed excluded from this section any hotel room, boardinghouse room and rooming house room rentals; but there shall not be deemed excluded therefrom the sale, rental, or transfer of title to any hotel, rooming house, boardinghouse or motel; and nothing contained herein shall exempt any of the buildings or parts of buildings covered by this section from full and complete compliance with any other provisions of any ordinance of the Borough as the same may be applicable. As used in this chapter, a commercial use shall mean any use or occupancy that is not residential.
[Added 5-24-2016 by Ord. No. 2016-24]
As used in this article, the following terms shall have the meanings as indicated:
- A reasonable number of persons (in relation to available sleeping and bathroom facilities) occupying a dwelling unit and living as a bona fide single, nonprofit housekeeping unit, living and cooking together, and constituting a stable and permanent living unit of a distinct domestic character, being a traditional family unit or the functional equivalent thereof, using certain rooms and housekeeping facilities in common.
- A. This definition shall not include any society, club, fraternity, sorority, association, lodge, combine, federation, group, coterie or organization which is not a recognized religious order.
- B. For the purposes of this definition, there shall be a presumption that a collective group of persons related by kinship, adoption, blood or marriage living together under the same roof and maintaining a common household or distinct relationship on a permanent basis or for an indefinite period of time, including domestic servants, does constitute a “family” within the meaning of this definition.
- ROOMING HOUSE
- A building arranged or used for individual nontransient residency by persons living independently of one another, regardless of whether the residents share the use of common facilities, such as kitchen or bathing facilities; and where no meals or personal or financial services are provided to the residents.
[Added by Ord. No. 1996-25]
The Code Official shall issue a certificate of occupancy upon completion of a satisfactory inspection in accordance with the provisions of this chapter. In the case of residential rental units, the Code Official shall reinspect all residential rental units upon the transfer of ownership of the property and upon a change in the tenant for said unit. Except for multiunit residential dwelling units under the jurisdiction of the Bureau of Housing Inspection, Division of the Department of Community Affairs, State of New Jersey, the certificate of occupancy for residential rental units shall be for a term of three years or until the change in ownership of the property or a change in the tenant of the property, whichever event is sooner.
[Added by Ord. No. 1996-25]
All residential units in the Borough, except for the multiunit residential dwelling units which are required to be reinspected by the State of New Jersey every five years, which have not been reinspected within the last three years from the effective date of this chapter, shall be reinspected by the Code Official within the next 12 months, and said inspection shall be for the period set forth in § 160-10.
§ 160-12 Application for certificate of occupancy; temporary certificate of occupancy; compliance with regulations required.
[Amended 1-9-1979; 6-27-1989]
Prior to the rental, transfer of title or occupancy of any dwelling, dwelling unit or commercial use, application for a certificate of occupancy shall be made in writing to the Code Enforcement Officer, and consent shall be given therewith to the Code Enforcement Officer to enter upon and examine the dwelling house, dwelling unit or commercial occupancy wherein the same may be situated for which the application is applied for, so that the Code Enforcement Officer may determine whether or not the same complies with all municipal ordinances, rules and regulations effecting the use and occupancy of such structure. When a determination is made by the Code Enforcement Officer that violations exist, notification shall be given in writing to the applicant delineating the violations. If the Code Enforcement Officer concludes that the violations are not a risk to life, safety or health, a temporary certificate of occupancy may be issued permitting occupancy, provided a letter of intent is supplied by the applicant to the Code Enforcement Officer stating that the cited violations shall be abated within a twenty-day period from the date of the violation notification. The Code Enforcement Officer shall make a reinspection on the 21st day, and if all violations have not been satisfactorily abated, the temporary certificate of occupancy shall be rescinded, thereby requiring any occupancy to immediately cease pending the issuance of a final certificate of occupancy. No final certificate of occupancy shall be issued unless there is full and complete compliance with all of the foregoing.
[Amended 9-26-1978; 1-9-1979; 11-12-1980]
Each application for a certificate of occupancy shall be made in writing and shall state the name and address of the owner-occupant, tenant-occupant or any other occupant of the same and also the name and address of the new proposed owner-occupant or any other proposed occupant. It shall further state the name and address of the renting agent, if any, and shall describe the premises to be occupied, including the street address and a designation of the portion of the premises or structures for which the specific application is being made; and it shall set forth the number of persons who shall occupy any and all portions of the premises, including the specific portion for which the application is being made and the specific room in the premises to be occupied for sleeping purposes and the number of persons to occupy each sleeping room.
In order to protect the health and increase the safety and welfare of the citizens and residents of the Borough, it shall be a further requirement for the issuance of the certificate of occupancy provided for in § 160-7 that each dwelling, motel unit and hotel room, multifamily dwelling unit or garden apartment unit shall be provided with a minimum of one approved Underwriters Laboratories, Inc. (U.L.)-tested and labeled smoke detector sensing visible or invisible particles of combustion installed in a manner and location consistent with its listing and approved by the Code Enforcement Officer. When activated, the detector shall provide an alarm suitable to warn occupants within the dwelling, motel unit and hotel room, multifamily dwelling unit or garden apartment. The Code Enforcement Officer shall have authority to approve the quantity and location of each such detector.
In order to protect the health and increase the safety and welfare of the citizens and residents of the Borough, it shall be a further requirement for the issuance of the certificate of occupancy provided for in § 160-7 that each dwelling house containing a furnace for the generation of heat, contained within the ceiling area immediately above the said furnace and for an area extending two feet beyond said furnace on all sides, one-half-inch Sheetrock, properly taped and spackled and fire-retardant "intumescent" paint. The appropriate subcode official shall have authority to approve the quality, location and installation of said Sheetrock.
Any person, including any real estate broker or real estate agent or any representative of any of the foregoing, who in any manner fails to fully comply with the terms and covenants of this chapter and who is a part of any transaction resulting in the violation of any of the terms and provisions of this chapter shall be deemed to have violated the terms and provisions of this chapter and shall be subject to the penalties provided for herein, unless and until a certificate of occupancy is issued.
All violations of this chapter by any person, whether the person be the owner of the premises, the agent or any party as aforesaid, or the tenant or the occupant shall be deemed separate and distinct violations for each and every day that the violation may continue, and all parties violating this chapter shall be deemed jointly and severally liable for any and all such violations.
A certificate of occupancy shall be issued solely by the Code Enforcement Officer without the necessity of approval by the Borough Council. The fee for the issuance of a certificate of occupancy as provided for herein shall be as stated in § 160-3. The fee shall be paid at the time of filing the application for the certificate of occupancy.
All buildings or dwelling houses, for which an application shall have been filed, shall fully comply with all municipal ordinances or requisite municipal requirements for the structures or units. In addition thereto but not in limitation thereof, any and all structures, dwelling houses or dwelling units for which application for a certificate of occupancy shall be made shall be deemed violative of this chapter, for which a certificate of occupancy shall not be issued, in the event that any such structure, dwelling house or dwelling unit, in the opinion of the Code Enforcement Officer, is in need of proper repairs for habitation or is in a dilapidated condition which might constitute a health or fire hazard or if the same has a lack of adequate sewerage facilities, plumbing facilities, proper water or toilet facilities, inadequate electrical wiring or facilities or is unfit for human habitation or proper and healthful use and occupancy or may be overcrowded by virtue of the number of proposed occupants which might constitute a health or fire hazard, of which by virtue of any combination of any of the foregoing or any matters not specifically enumerated which may be deemed hazardous as to the health and welfare of the occupants or proposed occupants or of any adjoining properties or other persons within the municipality. The Code Enforcement Officer shall specify the corrections to be made to the premises for a certificate of occupancy to be issued.
All owners or renting agents or real estate agents or any person applying for a certificate of occupancy as provided for herein shall be required to request inspection of the structure or unit in question which may be or is about to be vacated or rerented or reoccupied or sold, to ascertain what is required to gain approval for rental, sale or occupancy and shall advise the Code Enforcement Officer of the reasonable time that the inspection may be made and have someone present to assist with the entry for the inspection purposes. The Code Enforcement Officer shall comply with the request within a reasonable period of time and when proper shall issue the requisite certificate of occupancy within a reasonable period of time.
No tenant, owner or occupant shall sublease, transfer title, permit the use or occupancy of any dwelling house, dwelling unit or structure without following the procedures set forth and required by this chapter, nor shall any real estate broker or agent or representative of any of the foregoing permit any of the foregoing.
[Amended 9-11-1973; Ord. No. 2003-21]