[Adopted 12-6-1984 by Ord. No. 814-84]
The following terms, whenever used or referred
to in this article, shall have the following respective meanings for
the purposes of this article, except in those instances where the
content clearly indicates otherwise:
The space between the ceiling beams of the top story and
the roof rafters.
[Added 3-7-1985 by Ord. No. 836-85]
Placing or directing a person or persons to utilize a room
or rooms or space or spaces for a specific purpose, including but
not limited to sleeping. There shall be a rebuttable presumption that
a property owner shall be the cause of occupancy of any portion of
his/her property.
[Added 10-3-1985 by Ord. No. 883-85]
Any portion of a building in which more than 50% of the height
of such portion, measured from clear floor to ceiling, shall be below
average adjoining ground level.
Any room or rooms or suite or apartment thereof, whether
furnished or unfurnished, which is occupied or intended, arranged
or designed to be occupied for such sleeping or dwelling purposes
by one or more persons, including but not limited to the owner thereof
or any of his servants, agents or employees, and shall include all
privileges, services, furnishings, furniture, equipment, facilities
and improvements connected with the use of occupancy thereof.
A change in the use of any room or rooms or space or spaces,
whether or not any construction takes place, to create dwelling units
without approval of the requisite agencies or boards of the City of
Passaic and for which no certificate of occupancy exists.
A rooming unit in other than a single-family dwelling which
opens directly to the exterior of the premises by way of a common
hallway, common areaway or common stairway or door to the exterior
of the premises without passing through any other rooming unit or
dwelling unit.
[Added 3-7-1985 by Ord. No. 836-85]
Using a room or rooms or space or spaces for a specific purpose,
including but not limited to sleeping. There shall be a rebuttable
presumption that any room or rooms or space or spaces which shall
have within an assembled bed or daybed or convertible sofa or other
convertible furniture is being occupied for sleeping purposes.
[Added 10-3-1985 by Ord. No. 883-85]
Allowing a person or persons to utilize a room or rooms,
space or spaces for a specific purpose, including but not limited
to sleeping. An owner or operator of any premises shall be responsible
for the utilization of any room or rooms or space or spaces within
any premises under his/her ownership/control.
[Added 10-3-1985 by Ord. No. 883-85]
Any dwelling, whether furnished or unfurnished, in which
there are one or more rooming units where there are sleeping accommodations
available for rent or other considerations, and where there is no
agreement between the operator and any occupant for feeding, personal
care or specific supervision or attention, except hotels. To be a
legal "rooming house," the facility must have been licensed as such
and have had a valid certificate of occupancy for such use at the
time jurisdiction over rooming houses was assumed by the State of
New Jersey. Absent proof of a valid certificate of occupancy and prior
licensing by the City, a "rooming house" shall not be considered a
legal facility even if it has been licensed by the State of New Jersey,
for such licenses by definition do not supersede the municipal zoning
regulations.
[Added 3-7-1985 by Ord. No. 836-85]
Any room or group of rooms forming a single habitable unit,
other than a dwelling unit, which is rented or available for rent
for sleeping purposes. There shall be a rebuttable presumption that
any room, which shall have a door-locking device commonly called a
"Yale lock" or similar device added in the door, is intended as a
"rooming unit" and the burden of disproving the same rests with the
owner, operator or occupant.
[Added 3-7-1985 by Ord. No. 836-85]
The specific purpose for which land or a building is designed,
arranged, intended, occupied or maintained.
[Amended 4-6-1995 by Ord. No. 1321-95; 9-18-1997 by Ord. No.
1416-97]
A.
Cellars shall be used only for incidental storage
for the dwelling units above. Use of cellars for sleeping purposes
or as a dwelling unit, rooming unit or independent rooming unit is
prohibited. Kitchens, except kitchens used in conjunction with the
dwelling unit above, are prohibited in cellars.
[Amended 4-18-2005 by Ord. No. 1654-05; 10-4-2018 by Ord. No. 2171-18; 8-3-2021 by Ord. No. 2311-21]
B.
Use of a cellar for purposes other than incidental
storage may be permitted, provided that all UCC permits and all other
applicable municipal approvals are obtained prior to such use.
C.
All finished
or partially finished cellars must print a copy of this section and
post it in a conspicuous location in the cellar.
[Added 8-3-2021 by Ord. No. 2311-21]
[Amended 3-7-1985 by Ord. No. 836-85; 4-6-1995 by Ord. No. 1321-95; 9-18-1997 by Ord. No. 1416-97; 3-2-2000 by Ord. No. 1484-00]
Any residential attic used for other than incidental
storage must meet the following criteria:
A.
Under no circumstances shall the attic be offered
as a separate dwelling unit, rooming unit or independent rooming unit.
B.
The attic must be an integral part of the dwelling
unit below and shall not be leased to any party. Attic occupant(s)
shall have full use of the floor below.
C.
Access to the attic shall be through the dwelling
unit immediately below the attic. If fire exits are required, only
egress shall be allowed. Entrance to the attic through fire exits
shall be prohibited, and proper door hardware shall be installed to
prevent entry.
D.
The attic shall be limited to having only a stall shower, bathtub,
toilet and vanity.
[Amended 5-24-2016 by Ord. No. 2055-16]
E.
There shall be no kitchen or food cooking/preparing
facilities (hotplates, refrigerator, food cabinets or sink) permitted
in the attic.
F.
One door leading to the stairwell between the attic
and the unit immediately below will be allowed. The door will be at
the lower level of the stairwell and will have no locks on the door.
The door will be a thirty-minute-fire-resistant-rated door.
G.
Egress windows must be installed in every attic bedroom
prior to occupancy.
H.
Fire stopping must be installed throughout the attic
at the floor level in all walls which communicate with a lower floor
or level; must obtain certificate of occupancy for attic part and
parcel.
I.
Preexisting thirty-six-inch width stairways may remain.
Any existing stairway less than thirty-six-inch width shall be enlarged
to 44 inches in width and no variations of the Uniform Construction
Code.
J.
All walls and ceilings in an attic unit must have
a minimum one-hour fire rating.
K.
All floors of the building, including any basements,
subbasements, cellars, etc., shall have interconnected, hardwired
smoke detectors with battery backup. Plans for placement of detectors
must be approved by the Fire Department and Fire Subcode Official
prior to occupancy of the attic dwelling unit.
L.
An exterior flashing strobe light connected to the
smoke detector system shall be installed on the street address side
of the building at the peak of the roofline in such a manner as to
be visible from the curbline of the building to indicate attic occupancy.
M.
Only family members of the dwelling unit immediately
below the attic shall be permitted to occupy the attic. Family members
shall include parents, children, grandparents, brothers, sisters,
aunts, uncles, nieces and nephews.
N.
The number of occupants permitted in the attic area
shall be based on the number of square feet of living space in the
attic. This is to avoid overcrowding conditions. Ceiling height must
be seven feet for at least 70 square feet of the room or space. Not
to be counted is any portion of the room less than five feet in height.
O.
The attic dwelling unit must be inspected and approved
by all applicable city agencies before occupancy and may be subject
to annual inspections.
P.
Existing legal attic dwelling units are exempt from compliance with this section except for the requirements under Subsections K and L above. Existing attic units will have a period of 90 days after the adoption of this section to come into compliance with Subsections K and L. All existing requirements for the occupancy shall be adhered to. Should renovations of the building exceed 25% of the value of the building or should the attic be damaged due to a fire, that unit must be brought into compliance with this revised section before being reoccupied.
Q.
In addition to the above requirements, the following
codes and regulations pertaining to attic use shall be enforced, along
with all applicable codes enforced by the City of Passaic.
(1)
Plans are to be submitted for existing rooms; subcode
officials are to determine if they need to be signed and sealed by
an architect.
(2)
Signed and sealed plans are required for the construction
of any room.
(4)
Observance of the regulations presently in effect
is mandatory.
(a)
Usable floor area of the attic shall not exceed
1/3 of the floor area below.
(b)
Each room shall have adequate outlets.
(c)
Each bathroom outlet must be a ground fault
interrupter (GFI) outlet.
(d)
Rooms used for sleeping must have an operable
window with the minimum clear opening of 5.7 square feet.
(5)
Necessary permits are to be obtained before any work
begins.
(6)
Rooms are not to be occupied until a Uniform Construction
Code (UCC) certificate of occupancy is issued.
(7)
The entrance to the attic must be through the second
floor apartment.
(8)
Smoke detectors shall be installed within each bedroom,
and a second hardwired battery backup interconnected smoke detector
shall be installed in the immediate vicinity of the bedrooms, including
the floor below. In addition to the above, smoke detectors are to
be installed at every floor level, hardwired battery backup.
R.
No portable heating appliances shall be used in the
attic.
S.
Privacy locks only will be permitted on bedroom doors.
[Amended 3-7-1985 by Ord. No. 836-85]
Occupying, causing occupancy or permitting occupancy
of any room or space or dwelling unit or rooming unit or independent
rooming unit for which rent or other consideration is sought or paid
and which has been created by means of an illegal conversion as hereinbefore
defined is prohibited.
[Added 3-7-1985 by Ord. No. 836-85[1]]
Where it shall be determined that a dwelling unit, rooming unit or independent rooming unit for which rent or other consideration is sought or accepted is in violation of §§ 125-3, 125-4 or § 125-5 of this chapter, or any parts thereof or combinations thereof, and where the existence of such units by their existence causes violations of certain specific health or safety provisions of the Property Maintenance Code of the City of Passaic, the person or persons deemed in violation shall be subject to penalties for such violations without necessity for prior notification. The specific sections of the Property Maintenance Code to which this section shall be applicable are as follows:
J.
Section 21, Floor area requirements.
[Amended 10-3-1985 by Ord. No. 883-85]
A.
The City Council of the City of Passaic finds and
declares its purpose in adopting this legislation is to counter a
situation which is inimical to the public health, safety and welfare.
The Council declares its intention that this legislation be strictly
construed so as to further such purpose and, further, declares its
belief that every purchaser of real property in the past, present
or future was, is and shall be obliged to ascertain the property occupancy
level of such premises and, failing to do so, shall not attempt to
excuse oneself because an illegal conversion may have been made by
a prior owner or operator.
B.
Any violation of any section or subsection of this
Article shall be punishable by a fine of not less than $100 nor more
than $1,000 and/or 90 days in jail for each violation committed hereunder.
C.
Each violation of a section or subsection of this
Article shall constitute a separate and distinct violation independent
of any other section or subsection. Each day's violation of any section
or subsection of this Code shall constitute a separate violation,
and each dwelling unit within a single building shall constitute a
separate and distinct violation.
