The following terms, wherever used herein or
referred to in this code, shall have the respective meanings assigned
to them, unless a different meaning clearly appears from the context:
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
American National Standards Institute, Inc.
[Added 8-9-1984 by Ord. No. 795-84]
The portion of the building that is partly underground which
has more than 1/2 of its height, measured from clear floor to ceiling,
above the average adjoining ground level. Where the natural contour
of the ground level immediately adjacent to the building is interrupted
by ditching, pits or trenching, then the average adjoining ground
level shall be the nearest natural contour line parallel to the walls
of the building without regard to the levels created by the ditching
pits or trenching.
Enclosed space containing one or more bathtubs or showers,
or both, and which shall also include toilets, lavatories or fixtures
serving similar purposes.
A combination of materials to form a structure adapted to
permanent or continuous occupancy or use for public, institutional,
residence, business, industrial or storage purposes.
The adopted Building Code of the City of Passaic.[1]
The officer or other designated authority charged with the
administration and enforcement of the BOCA Basic Building Code or
the Uniform Construction Code; the Construction Official; or a duly
authorized representative.
[Added 8-9-1984 by Ord. No. 795-84]
Any device designed to detect and alert the presence of abnormal
carbon monoxide levels within a building, dwelling or structure.
[Added 6-9-2004 by Ord. No. 1620-04]
The lowermost portion of the building partly or totally underground,
having 1/2 or more of its height measured from clear floor to ceiling
below the average adjoining ground level. Where the natural contour
of the ground level immediately adjacent to the building is interrupted
by ditching, pits or trenching, then the average adjoining ground
level shall be the nearest natural contour line parallel to the walls
of the building without regard to the levels created by the ditching,
pits or trenching.
A heating system in a fire-resistant enclosed space or spaces,
separate and apart from the area to be heated, which system is permanently
affixed on a fireproof base and connected by breaching to a stack
in accordance with Article 10 of the Building Code. Direct electric
and/or gas heating systems without the use of a boiler, serving all
dwelling units in a structure, are exempt from the above requirements.
[Added 8-9-1984 by Ord. No. 795-84; repealed 10-7-1993 by Ord. No. 1252-93]
An alteration by change of use in a building heretofore existing,
such as from a one-family to a two-family dwelling or from a commercial
use to a residential use or any other change, whether from less intensive
to more intensive or from more intensive to less intensive.
[Added 8-9-1984 by Ord. No. 795-84]
A kitchen facility shared by occupants of one or more rooming
units or dwelling units.
A device or combination of devices which provides no fewer
than four burners and an oven, which may be a convection- or microwave-type.
For the purposes of this chapter, a hot plate or similar device does
not fulfill the requirement of a "cooking facility" or any part thereof.
[Added 3-20-1986 by Ord. No. 924-86]
The condition or appearance of a building or part thereof,
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay/neglect, lack of maintenance
or excessive use.
Any structure designed for use by human occupants for sleeping
and living purposes, whether occupied or vacant, except that the foregoing
shall not apply to hotels.
Any room or group of rooms located within a dwelling forming
a single habitable unit, which includes facilities for living, sleeping,
cooking, eating, bathing and toilet purposes.
Any rooming house or nursing home which is required to be
licensed pursuant to this code.
Any premises or any part thereof or any building or any part
thereof which may be lawfully viewed by the public or any member thereof
from a sidewalk, street, alleyway, licensed open-air parking lot or
from any adjoining or neighboring premises.
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
The control and elimination of insects, rodents and vermin
by exterminating their harborage places; by removing or making inaccessible
material that may serve as their food; by poisoning, spraying, fumigating,
trapping or by other approved means of pest elimination.
See "immediate family."
The Fire Chief of the City of Passaic.
Anything or any act which increases or may cause an increase
of the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service of preventing,
suppressing or extinguishing fire; or which may obstruct, delay or
hinder or may become the cause of an obstruction, a delay, a hazard
or a hindrance to the prevention, suppression or extinguishment of
fire.
The net floor area within the enclosing walls of the room,
excluding built-in equipment, such as wardrobes, cabinets, closets,
kitchen units or fixtures which are not readily removable and excluding
the floor area where the floor to ceiling height is less than seven
feet.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food. (See also
"refuse" and "rubbish.")
Rooms used or designed for use by one or more persons for
living or sleeping or cooking and eating, but not including bathrooms,
water closet compartments, laundries, serving and storage pantries,
corridors, foyers, vestibules, cellars, heater rooms, boiler rooms,
utility rooms and other rooms or spaces that are not used frequently
or for an extended period of time or that have less than 50 square
feet of superficial floor area shall not be considered as "habitable
rooms."
Any building kept, used, maintained, advertised as or held
out to be a place where sleeping accommodations are supplied for pay
to transient or permanent guests, in which 10 or more rooms are rented,
furnished or unfurnished, including any room found to be arranged
for or used for sleeping purposes, with or without meals, for the
accommodation of such guests, or every building or part thereof which
is rented for hire to 25 or more persons for sleeping accommodations.
There shall not be included rooms which are physically a part of a
self-contained and enclosed dwelling unit.
All officials, officers or employees of the City of Passaic
entrusted with the enforcement of this code.
The Director of Housing Inspections of the City of Passaic.
[Amended 1-5-1984 by Ord. No. 768-83; 8-9-1984 by Ord. No. 795-84; 6-9-2004 by Ord. No. 1620-04]
The head of the family, spouse, the parents and children
(including adopted children) of either the head of the family or spouse.
There shall be a rebuttable presumption that three or more persons
occupying any dwelling unit or rooming unit are not related to one
another so that any two or more shall be members of an immediate family,
and the burden on proving such relationship shall be on the person
or persons asserting it.
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.
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
Any room or part of a room used for cooking or the preparation
of food.
Any building containing one or more dwelling units or rooming
units and also having a portion thereof devoted to nondwelling uses
or as a hotel.
Any building or structure of one or more stories and any
land appurtenant thereto, and any portion thereof, in which three
or more units of dwelling space are occupied or intended to be occupied
by three or more persons who live independently of each other or in
which two units of dwelling space are occupied by two or more persons
who live independently of each other in cases where none of said persons
is the owner of the premises.
[Added 8-9-1984 by Ord. No. 795-84]
Any public nuisance known at common law or in
eq-uity jurisprudence, or as provided by the statutes of the State
of New Jersey or the ordinances of the City of Passaic or any other
local or state code.
Any attractive nuisance which may prove detrimental
to the health or safety of children, whether in a building, on the
premises of a building, or upon an unoccupied lot. This includes,
but is not limited to abandoned wells, shafts, basements, excavations,
abandoned ice-boxes, refrigerators, motor vehicles, any structurally
unsound fences or structures, lumber, trash, fences, debris, or vegetation
such as poison ivy, oak or sumac, which may prove a hazard for inquisitive
minors.
Physical conditions dangerous to human life
or detrimental to health of persons on or near the premises where
the conditions exist.
Overcrowding of a room with occupants in violation
of this code or any other local or state code.
Insufficient ventilation or illumination in
violation of this code or any other local or state code.
Inadequate or insanitary sewage or plumbing
facilities in violation of this code or any other local or state code.
Insanitary conditions or anything offensive
to the senses or dangerous to health, in violation of this code or
any other local or state code.
Fire hazards.
Any building in which two or more disabled persons are housed
for purposes of care, special attention, treatment and or supervision
and are housed for such purposes overnight or longer, but dwellings
where not more than two disabled persons live with members of their
families to whom they are related by blood or marriage shall be excluded
therefrom.
Any person living, sleeping, or having actual possession
of a dwelling unit or rooming unit.
Any person who has charge, care or control of a dwelling
or premises, or part thereof, whether with or without the knowledge
and consent of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof; or shall have charge, care
or control of any building or parcel, as owner or agent of the owner,
or as fiduciary, including but not limited to executor, executrix,
administrator, administratrix, trustee, receiver, or guardian of the
estate, or as a mortgagee in possession regardless of how much possession
was obtained. Any person who is a lessee subletting or reassigning
any part or all of any dwelling or dwelling unit shall be deemed to
be a co-owner with the lessor and shall have joint responsibility
over the portion of the premises sublet or assigned by said lessee.
Any person who does not suffer from such physical or mental
incapacity as to be classified as a disabled person but, by reason
of physical or mental limitations or advanced years, does require
a limited degree of care and attention to assure personal safety at
all times.
All of the following supplies, facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes-washing machines, catch
basins, vents and any other similar supplied fixtures, together with
all connections to water, sewer or gas lines, and water pipes and
lines utilized in conjunction with air-conditioning equipment.
A lot, plot or parcel of land, including the buildings or
structure thereon.
The certificate issued by the Director of Housing Inspections
which permits the use of a building in accordance with the approved
plans and specifications and which certifies compliance with the provisions
of state law and this chapter for the use, occupancy and transfer
of a building in its several parts, together with any special stipulations
or conditions.
[Added 10-7-1993 by Ord. No. 1252-93; amended 6-9-2004 by Ord. No. 1620-04]
All putrescible and nonputrescible solid waste (except body
wastes), including but not limited to: garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes. (See also "garbage" and "rubbish.")
Registered mail or certified mail.
Space in an enclosed building or space set apart by a partition
or partitions and any space in a building used or intended to be used
as a bedroom, dining room, living room, kitchen, sewing room, library,
den, music room, dressing room, enclosed sleeping porch, sun room,
party room, recreation room, breakfast room, study, storage room and
similar uses.
Any dwelling, whether furnished or unfurnished, in which
there are one or more independent rooming units, where there are sleeping
accommodations for occupancy or available for occupancy by three or
more persons and where there is no agreement between the operator
and any occupant for feeding, personal care or special supervision
or attention, except "hotels" as defined herein.
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, with or without cooking facilities.
Nonputrescible solid waste consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, tin
cans, yard clippings, leaves, wood, glass, bedding, crockery and similar
materials. (See also "garbage" and "refuse.")
Any sanitary sewer owned, operated and maintained by the
City of Passaic and available for public use for the disposal of sewage.
Waste from flush toilet, bathtub, sink, lavatory, dishwashing
or laundry machine or the water-carried waste from any other fixture
or equipment or machine.
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished ceiling level directly above a basement
or cellar is more than six feet above grade, such basement or cellar
shall be considered a "story."
The combination of any materials, whether fixed or portable,
forming a construction, including buildings.
The specific purpose for which land or a building is designed,
arranged, intended, occupied or maintained.
[Added 8-9-1984 by Ord. No. 795-84]
Supply and removal of air to and from any space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by openings to outer air through windows, skylights,
doors, louvres or stacks, with or without wind-driven devices.
Enclosed space containing one or more bathtubs or showers,
or both, and which shall also include toilets, lavatories or fixtures
serving similar purposes.
Enclosed space containing one or more toilets which may also
contain one or more lavatories, urinals and other plumbing fixtures.
Deterioration, decay or damage caused by exposure to the
elements.
A.
Whenever the words "accessory structure," "boardinghouse,"
"building," "dwelling," "dwelling unit," "establishment subject to
licensing," "habitable room," "independent rooming unit," "lodging
house," "nursing home," "premises," "room," "rooming unit" or "structure"
are used in this code, they shall be construed, unless expressly stated
to the contrary, to include the plurals of these words and as if they
were followed by the words "or any part thereof."
B.
The word "shall" shall be applied retroactively as
well as prospectively.
