This chapter shall be known as the "Chapter
Establishing Commercial Building Standards Upon Change of Ownership
or Change of Tenant of a Commercial Premises."
[Amended 3-28-2006 by Ord. No. 06-20; 3-22-2011 by Ord. No. 11-09]
A. No person
shall convey title to any commercial property in the Borough of Glassboro
without first obtaining an approval of occupancy form in the manner
provided, certifying that said premises conform to the provisions
of the construction code implemented in the Borough of Glassboro.
B. Issuance
of certificates.
(1) Prior
to conveying title to any premises described in the preceding subsection,
an owner shall apply to the Construction Officer for such approval
of occupancy form. The Construction Officer or his representative
shall inspect the premises within 10 days of said application and,
upon determining that all provisions of the code have been complied
with, shall issue an approval of occupancy form permitting occupancy
of said premises. Such approval of occupancy form shall indicate that
compliance has been met. If, upon inspection, the commercial unit
is found to be not in compliance, the Construction Officer or his
representative shall notify the owner, in writing, of such noncompliance,
specifically setting out those violations requiring correction. Upon
correction of the violation(s), the owner shall notify the Construction
Officer, who shall, within five days, reinspect the required correction(s).
This procedure shall be followed until all violations have been corrected,
at which time an approval of occupancy form shall issue as above provided.
Such approval of occupancy form shall be valid for a period of 90
days from the date of its issuance, after which ninety-day period
it shall expire. Such expiration date shall be stated on the form.
(2) Notwithstanding the provisions of Subsection
B(1) of this section, an owner conveying title to any commercial premises to a contract purchaser who intends to and does utilize the premises for a commercial use, or a change of a tenant of a commercial premises or unit of a commercial premises may make application for a certificate known as a "certificate of transfer of title/change of tenancy," where substantial renovations to the commercial premises are to be made upon conveyance or change of tenancy of the premises or unit of the premises. The application shall be signed by both the owner and the contract purchaser or tenant, as the case may be, and shall have a copy of the contract for sale or lease attached thereto. The application for the issuance of a certificate of transfer of title/change of tenancy shall be made not later than 20 days prior to the intended settlement date as set forth in the contract of sale or 20 days prior to the commencement of the lease, as the case may be. The Construction Officer or his/her representative shall inspect the premises with the owner and contract purchaser/tenant within 10 days of said application and, upon determining that substantial renovations to the premises are intended to be made by the contract purchaser/tenant, shall issue a certificate of transfer of title/change of tenancy, permitting occupancy by the new owner or new tenant of the premises. Such certificate of transfer of title/change of tenancy shall be valid for a period of 90 days from the date of settlement or commencement of the lease, as the case may be. The purchaser/tenant of the premises may apply to extend the ninety-day period to complete the renovations, but said application shall be filed prior to the expiration of the initial ninety-day period. The Construction Officer may grant the extension, at his/her sole discretion, for a period up to, but not greater than, 90 days. Upon notification of the Construction Officer by the purchaser or tenant that the renovations have been completed, the Construction Officer or representative shall inspect the premises within 10 days. The Construction Officer shall then take appropriate action for the issuance of an approval of occupancy form in accordance with Subsection
B(1) of this section.
(3) Housing
rentals. The provisions of this chapter shall not be applicable to
any housing rental units from one to five units per lot. Any housing
rental units of six or more units per lot shall be subject to the
provisions of this chapter.
C. The owner
making application for an approval of occupancy form or a certificate
of transfer of title/change of tenancy under this section shall be
charged a fee of $200 for the initial inspection of a premises containing
one commercial unit and $100 for the initial inspection of each additional
unit. A purchaser or tenant shall be charged an additional fee of
$100 for each reinspection and/or extension of time for completion
of renovations of commercial premises containing one unit and $100
for each inspection of each additional commercial unit.
[Added 3-22-2011 by Ord.
No. 11-09]
Any person who shall violate the provisions of this chapter
shall, upon conviction, be subject to a fine not to exceed $2,000,
imprisonment for not more than 90 days or a period of community service
not to exceed 90 days, or any combination thereof.