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Atlantic County, NJ
 
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Table of Contents
Table of Contents
GENERAL REFERENCES
Land development — See Ch. 86.
Public health nuisances — See Ch. 92.
As used in this chapter, the following terms shall have the meanings indicated:
HOTEL or BOARDINGHOUSE
A building used or intended to be used for the accommodation of guests and where food is prepared and served under a single management in a central dining area available to all guests and which is not licensed by the State of New Jersey as a sheltered care facility.
ROOMING HOUSE
A dwelling containing guest rooms in which lodging is provided, without meals, for compensation and which is let to three or more guests and which is not licensed by the State of New Jersey as a sheltered care facility.
A. 
Every room occupied for sleeping purposes by one person shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least 60 square feet of floor space for each occupant thereof. The ceiling height of each sleeping room shall be not less than seven feet.
B. 
The number of beds in each room used for sleeping purposes shall not be more than the number of persons permitted to sleep within a room, in accordance with the square footage requirements of Subsection A. The lawful capacity as herein provided shall be conspicuously posted in each such room.
C. 
Every rooming unit shall have a safe, unobstructed means of egress leading to safe and open space at ground level.
D. 
No room shall be let or leased to any persons who are unable to ascend or descend stairs unassisted, dress and bathe without assistance or leave the premises without assistance, care or supervision. This section shall not apply if, in the opinion of the Health Officer, such person or persons are under sufficient care and supervision so as not to unduly endanger the health, welfare and safety of such person or persons.
E. 
No person shall be allowed to use a lobby, hallway, closet, bathroom, basement, cellar or kitchen for a sleeping room.
F. 
Between May 1 and October 1 of any calendar year, all sleeping room windows in any hotel, boardinghouse or rooming house shall be effectively screened with full, tightfitting screens.
G. 
In every hotel, boardinghouse and rooming house, for each five persons or fraction thereof residing within the hotel, boardinghouse and rooming house, including members of the operator's family wherever they share the use of sanitary facilities, there shall be provided at least one flush water closet and one lavatory wash basin, one bathtub or one shower, all properly connected to the water sewer system as approved by the Sanitary Inspector and maintained continuously in good working condition. In hotels, boardinghouses and rooming houses, however, where the occupants are only members of the male sex, flush urinals may be substituted for not more than 1/2 of the required number of the water closets. Hot water shall be supplied at all times for every lavatory wash basin, bathtub or shower. All sanitary facilities shall be located above the street level and within the building, so as to be reasonably accessible from a common hallway or passageway to all persons sharing such facilities.
H. 
The operator of every hotel, boardinghouse and rooming house shall, upon renting a room, furnish and supply clean bed linen and towels for the use of all occupants of each room and shall furnish and supply a change of fresh bed linens and towels at least once a week for the occupants of each room.
I. 
No basement space or room or any part thereof which is below ground level shall be used as a habitable room for guests.
J. 
Every exit door shall be capable of being opened from the inside and shall not be bolted or chained.
K. 
The heating plant shall be capable of maintaining a minimum temperature of 68º F. during the coldest weather, to conform with current national energy policies.
L. 
An adequate supply of hot water, under pressure, shall be made available at all times, and said supply shall conform to the potable water standards of New Jersey.
A. 
Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window or skylight area measured between stops, for every habitable room, shall be 10% of the floor area of such room. Whenever walls or other portions of structures face a window of any habitable room and are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be included in calculating the required minimum total window area.
B. 
Every dwelling shall be provided with electric service.
C. 
Every portion of each staircase, hall, cellar, basement, landing, furnace room, utility room and all similar nonhabitable space located in a dwelling shall have either natural or artificial light available at all times, with an illumination of at least two lumens per square foot (two footcandles) in the darkest portions.
D. 
Every portion of any interior or exterior passageway or staircase shall be illuminated naturally or artificially at all times with an illumination of at least two lumens per square foot (two footcandles) in the darkest portion of the normally traveled stairs and passageways. In dwellings comprising two dwelling units, each illumination shall not be required at all times if separate switches convenient and readily accessible to each dwelling unit are provided for the control of such artificial light by the occupants thereof.
E. 
Every bathroom and water closet compartment shall have either natural or artificial light available at all times with an illumination of at least three lumens per square foot (three footcandles). Such light shall be measured 36 inches from the floor at the center of the room. Artificial lighting shall be controlled by a wall switch so located as to avoid danger of electrical hazards.
A. 
A means of ventilation shall be provided for every habitable room. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least 45% of the minimum window area or minimum skylight area, as required in § 81-3A of this chapter, or by other means acceptable to the administrative authority, which will provide at least two air changes per hour.
B. 
A means of ventilation shall be provided for every bathroom or water closet compartment. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least 45% of the minimum window area or minimum skylight area, as required in § 81-3A of this chapter, or by other means acceptable to the administrative authority, which will provide at least six air changes per hour.
All food preparation areas and procedures shall comply with Chapter 12 of the New Jersey State Sanitary Code (N.J.A.C. 8:012 and N.J.S.A. 26:1A-9).
A. 
Every dwelling shall be free from rodents, vermin and insects. Rodent or vermin extermination and proofing may be required by the Health Officer.
B. 
Every hotel, boardinghouse or rooming house shall be clean and free from garbage and rubbish.
A. 
Garbage and other organic waste shall be stored in watertight receptacles of metal or other approved material. Such receptacles shall be provided with tight-fitting covers.
B. 
Outside storage of garbage and rubbish shall be conducted in a clean and sanitary manner so as not to constitute a public health nuisance.
No person shall own, manage, conduct or carry on the business of a hotel, boardinghouse or rooming house without first obtaining a certificate of approval from the Atlantic County Division of Public Health.
The application for a certificate of approval to manage, conduct and carry on the business of a hotel, boardinghouse or rooming house shall be made by the operator, in writing, to the Health Officer in accordance with the procedure hereinafter provided, and the application shall contain the following information and data:
A. 
The location of the premises and the names and addresses respectively of the owner of the premises and the person operating or intending to operate the premises. Where the applicant is not an individual, the applicant shall state the names of all officers, members of the board of directors and owners of more than 10% of the stock or all officers, trustees, directors or governing officials or all partners thereof, as the case may be.
B. 
Where an applicant seeks a certificate of approval for a hotel, boardinghouse or rooming house in an area which is not zoned to permit the use and the application is based on facts which constitute a lawful nonconforming use, the applicant shall state in the application the name and address of the owner and operator of the premises as of the date when the use, by reason of the zone change or variance, first became a nonconforming use, indicating the number of rooms and the number of guests as of that date.
C. 
If the applicant is not the owner of the premises, the owner's consent to the use of the premises for a hotel, boardinghouse or rooming house shall be affixed to the application.
D. 
There shall be submitted to the Health Officer, by each applicant, floor plans showing the number of rooms on each floor of the premises, including any basement rooms, the size, area and height of each of such rooms, the size and location of each window in each room and the sanitary facilities available for use by the guests, of what they consist and their location in the premises.
E. 
The application shall also state the number of guest rooms in the building and the number of persons proposed to be accommodated and shall indicate the capacity of each guest room.
A. 
Upon receipt of an application, the Health Officer shall cause an inspection of the premises to be made for the purpose of determining if the building complies with the provisions of this chapter and other applicable health ordinances and regulations.
B. 
Based on the results of that inspection, the Health Officer will either approve or deny the certificate of approval.
C. 
The certificate of approval shall be in force for a period not to exceed 12 months from date of issue and shall not be renewed without the approval of the Health Officer.
A. 
For the purpose of this chapter, the Division of Public Health is the enforcing authority.
B. 
The Health Officer shall cause periodic inspections to be made to determine compliance with this chapter.
This chapter shall be effective only in those municipalities in the County of Atlantic that are participants in and are part of the County of Atlantic Public Health Agency.
Any person found guilty of violating any of the provisions of this chapter shall be subject to a fine not exceeding $200 or to imprisonment in the county jail for a period not exceeding 90 days, in the discretion of the Judge who may hear the case, or as set forth in N.J.S.A. 40:24-7 and 40:24-9.
[Added 6-13-1979]
Where the provisions of this chapter of the Atlantic County Code are contrary to or in conflict with state statutes concerning the sheltered care facilities and particularly dealing with the size of rooms, the provisions of the state statute or the Administrative Code of the Department of Health of the State of New Jersey shall take precedence.