No person, firm or corporation shall manage,
conduct or operate the business of keeping a rooming house or hotel,
referred to hereunder as "establishments subject to licensing," without
first securing a license therefore within the time and manner provided,
nor shall any owner permit on premises owned by him the operation
of such establishment without a license.
The application for a license as required herein
shall be made on forms prescribed by the Housing Officer, which forms
shall require information concerning occupancy standards, including
the number of rooms to be used for sleeping, the maximum number of
persons which each room in the establishment itself can accommodate,
the location of all such rooms, types and location of bathrooms, exits
and other facilities and names and addresses of all persons who will
actually be in charge of the management or conduct of the establishment
and whether such establishment is equipped to accommodate persons
who are disabled or persons who require special care and such further
data as may be required for the enforcement of this code. All applications
shall be accompanied by the required fee. The application shall be
signed by the owner or operator and shall contain a certification
of the truth of the information contained therein. Any false information
shall constitute a violation of this code and, in addition, grounds
for revocation of any license approved pursuant thereto.
Except as otherwise provided herein, the term
of the license shall be for one year, from May 1 to April 31 of the
next succeeding year, and is renewable annually.
The license fee shall be due and payable as
of May 1 of each year. The license fee shall be:
Upon filing of an application with the Housing
Officer, an inspection of the premises of compliance with this code,
other ordinances of the City of Passaic or laws of the State of New
Jersey shall be conducted in accordance with the regulations of the
Housing Officer. Upon completion of inspection, the Housing Officer
shall determine and issue the license forthwith. Renewal of licenses
shall be based upon reinspection of the premises prior to May 1 of
each year for compliance with this code, other ordinances of the City
of Passaic or laws of the State of New Jersey and shall be conducted
in accordance with the regulations of the Housing Officer; and the
Housing Officer shall determine if the premises comply with all codes
and issue the renewal license forthwith upon payment of required fee.
Notwithstanding the provisions of § 219-115, the Housing Officer may refuse to certify the said application or renewal of license where the operator or any person or persons who shall be in active management of the premises shall be unfit to perform the duties thereof by reason of a record of conviction of a crime or offense involving moral turpitude, gambling or prostitution, alcoholism, illegal possession or use of drugs or narcotics; be a known carrier of a communicable disease; or otherwise physically or mentally unfit or unsuited by similar or equivalent circumstances for active management of the premises.
Upon determining that the premises are in violation of this code or any other ordinances of the City of Passaic or the laws of the State of New Jersey, at any time after the license is issued, the Housing Officer shall require correction of said violation within the prescribed time set forth by the Housing Officer by notice in writing to the owner and operator. Upon failure to correct the violation within the time prescribed, the owner and operator shall be liable for the penalties for violations of this code prescribed in Chapter 1, General Provisions, Article II. In addition thereto, the Housing Officer may suspend temporarily or conditionally refuse to renew the license issued for the premises for failure to correct the violations as aforesaid. Where there has been a violation or conviction within one year from the date of service of notice of violation and the violation shall be repeated or remain unabated resulting in a second notice of violation and conviction thereof in the Municipal Court, the Housing Officer may thereafter permanently revoke the license or refuse renewal thereof without conditions or terms.
Any license issued hereunder shall cover only
the number of occupants and that part of the premises described in
the application therefor. Any increase in rooming units or in the
number of roomers to be accommodated or of the part of the premises
utilized as a rooming house, hotel or nursing home or other structural
changes affecting the date contained in the application or change
in the person or persons actually in charge of operating or maintaining
the premises shall require the submission and filing of an amended
application containing the additional information as required by the
Housing Officer.
The license issued hereunder shall be nontransferable,
and no person other than the licensee shall operate or be permitted
by the owner to operate the licensed premises. Where there is to be
a change of ownership or operation, application shall be made for
a new license.
The applicant shall not be entitled to any refund
of any fees paid hereunder by reason of the rejection of any application,
the suspension or revocation of any license or transfer of ownership
or operation of premises prior to the termination of the license period.
The licensee shall display the license in the
vestibule, front hallway or other prominent and public place at or
near the front entrance of the building during the entire period for
which the license was issued.
The issuance of a license shall constitute a
certification that the premises, as of the date of issuance, comply
with this code, but shall not be construed to constitute a certification
that the premises comply with any other City ordinance or any State
of New Jersey law, nor shall it relieve any other official or public
agency from enforcing any applicable ordinance or law.
False registration shall be prohibited. All
such establishments subject to licensing shall keep a register, in
which there shall be set forth in ink the name and last permanent
address and signature of each occupant, the number of the room to
be occupied by each occupant and the name and address of any person
or persons to be notified in case of emergency. Said register shall
be available at all times to the authorized representative of the
Housing Officer, Police Chief and Fire Chief of the City of Passaic.
Registration in a false name is prohibited. Beside each registration,
a notation shall be made to indicate which occupant is a disabled
person or person requiring special care.
Bathroom and water closet facilities shall be provided for occupants pursuant to § 219-77. All bathrooms shall be provided with inside locks.
Every operator shall provide for all occupants
bedding, mattresses, mattress covers, bed linens, blankets, pillows,
towels and soap. All such items shall be kept in a clean and sanitary
condition at all times. Fresh, clean bed linens and towels shall be
supplied for each new occupant at the commencement of the term of
occupancy, and fresh, clean bed linens and towels shall be supplied
at least once a week. Unless laundry service is provided for all occupants,
a laundry tub or washing machine shall be accessible to and available
to and available for use by all occupants.
All furniture and furnishings shall be maintained
in safe and sound condition and in good repair, and upholstery and
coverings shall be kept clean and free of rips and tears. Windows
shall be provided where necessary with blinds, draw drapes, curtains
or shades to provide occupants with privacy.
There shall be present and in charge of every establishment subject to licensing a person who is mentally and physically competent to maintain the same in safe and sanitary condition, who shall keep the exterior of the premises and all common interior areas, including, but not limited to, the landings, stairways, hallways and bathrooms, clean, free from garbage and other refuse and free of infestation and who shall attend to the daily removal of garbage as required under § 219-99.
Every establishment subject to licensing shall
be provided with a fire alarm system or device approved by the Fire
Prevention Bureau or by such other laboratories qualified and equipped
for the testing of fire protection equipment or materials as approved
by the Housing Officer and the Fire Chief. The system or device required
hereunder shall be maintained in good working order at all times.
The alarm shall be provided with a heat-operated device which will
automatically set off the fire alarm system and shall be operated
by electrical or self-contained automatic means. Alarm sounding devices
provided shall be distinctive in pitch and shall be of such quality
and so distributed on every floor that they shall be effectively heard
in case of fire in every room above the usual sound level. Periodic
testing shall be required in accordance with the regulations of the
Housing Officer approved by the Fire Chief.
Every licensed establishment shall have exit
signs posted in common hallways visible from the door of every rooming
unit, which sign shall indicate the direction of and location of the
nearest means of egress. All such signs shall be of a size and color
and be illuminated in accordance with the regulations of the Housing
Officer, which regulations are to be approved by the Fire Chief.
Wherever there are doors or framework for doors
which would close off sections of the stairway from common hallways,
areaways or other parts of the stairway, such doors shall be equipped
with self-closing devices, or such framework shall be equipped with
doors having self-closing devices.
Storage of combustible materials and temporarily
used or unused household furnishings, bedding, mattresses and similar
articles shall only be permitted in enclosed fireproof compartments.
Storage area shall, as of the effective date of this code, comply
with the Fire Code, notwithstanding the date set forth herein.
All combustible materials shall be disposed
of in self-closing metal cans which shall be provided where needed
on the premises for that purpose.
Night-lights shall be provided in all common hallways leading to bathrooms as well as in hallways in compliance with § 219-59.
There shall be central heating in all establishments subject to licensing, which shall supply adequate heat as required under § 219-48 to all occupied rooming units and to all bathrooms.
The operator, pursuant to the regulations and
supervision of the Fire Chief, shall be responsible for instructions
to all occupants and employees as to procedures to be followed for
firesafety and for orderly emergency evacuation.
In addition to the requirements of §§ 219-81 through 219-83, existing stairways utilized as fire escapes on the exterior of the building shall extend all the way to the ground, and drop ladders for any part thereof shall be prohibited. Access to outside exit stairways shall be through doors leading to balconies, and window exits shall be prohibited. All such exit doors shall be equipped with panic locks or similar devices readily opened from the inside and shall open in the direction of exit travel.
Bathroom and water closet facilities shall be provided on each floor having sleeping rooms, in addition to the requirements of § 219-43.
All nursing homes shall be of fireproof construction.
All nursing homes shall comply with state laws,
and any violation of such laws, or regulations thereunder, shall constitute
a violation of this code.
