[HISTORY: Derived from Sec. 11-1 of the 1975 Code (Ord. No. 179).
Amendments noted where applicable.]
The State Uniform Construction Code, Building Subcode, is hereby adopted
pursuant to P.L. 1975, c. 217, as amended,[1] and N.J.A.C. 5:23. The code is hereby adopted and incorporated
as fully as if set forth at length herein. The provisions shall be controlling
in the construction of all buildings and structures therein contained within
the corporate limits of the Borough of Franklin.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
This chapter and the codes referred to herein shall be known and may
be cited as the "Building Code of the Borough of Franklin."
All buildings and structures hereafter erected, altered, repaired, moved
or demolished within the Borough of Franklin shall comply in full with the
requirements of the State Uniform Construction Code.
[Amended 6-14-2005 by Ord. No. 14-2005]
A.
Certificate required before occupancy. No person shall
occupy, rent, lease or transfer the occupancy of or the letting of, or allow
any person to live in or upon or inhabit as a tenant or tenants or occupants
or to occupy or do business in, as a new owner or co-tenant(s) or co-owner,
any dwelling house or houses or dwelling/units or mobile home(s) or commercial
building or commercial premises within the confines of the Borough of Franklin
unless and until that person shall have first obtained from the Construction
Official, or his designee, a certificate of habitability inspection permitting
occupancy. Transfers of title may take place after application has been made
for a certificate of habitability inspection for occupancy, but no occupancy
shall be permitted until all items designated for correction by the Construction
Official or his agent are made and completed, except as hereinafter provided.
B.
New occupancy or reoccupancy. The provision of Subsection A shall apply with equal force and effect to any and all new and additional lettings, tenants, transfer of title or premises, or any part thereof, and occupancies of any dwelling house or houses or dwelling units, mobile homes, commercial building or commercial or commercial premises within the borough. Upon vacating of the same by any of the foregoing as may hereafter occur, whether the reoccupancy is by virtue of transfer of title of the dwelling house or houses or dwelling unit or dwelling units or by virtue of rental of any of the foregoing or by virtue of any other action not specifically herein enumerated, the foregoing requirements for Subsection A shall be effective whether the occupancy, rental, lease or transfer of title is temporary, seasonable or permanent, or whether or not for a consideration.
C.
COMMERCIAL BUILDING
COMMERCIAL PREMISES
DWELLING HOUSE
DWELLING UNIT
Definitions; applicability. As used for the purposes
of use and occupancy permits, the following terms shall have the meanings
indicated:
Includes, but is not limited to, any and all buildings used or formerly
used for business purposes.
Includes, but is not limited to, any and all premises used or formerly
used for business purposes.
A building or structure or part thereof containing one or more dwelling
units or lodging units.
Any room or group of rooms or any part thereof located within a building
and forming a single habitable unit with facilities which are used or designed
to be used for living, sleeping, cooking and eating.
D.
Hotels, motels and rooming houses exempt. Licensed hotels,
motels and rooming houses that are annually examined and licensed by the borough
shall be exempt from the rental portions of this section only, provided that
they keep an accurate register giving true names and addresses of all persons
occupying any rooms for any period of time.
E.
Effect on other municipal ordinances. Nothing contained
in this section shall exempt any of the dwellings or buildings, or parts of
buildings, covered by this section from full and complete compliance with
any other provisions of any other ordinance or ordinances of the Borough of
Franklin as the same may be applicable.
F.
Application for certificate. Prior to the rental, transfer of title or occupancy of any dwelling house or houses of any dwelling unit or units or any mobile home provided for in this section, application for certificate of inspection permitting occupancy shall be made in writing to the construction official or his agent of the borough by that person, persons, firm or corporation, agent, servant or representative as set forth in Subsection A and consent is given therewith unto the construction official or his agent to enter upon and examine the dwelling house or houses and dwelling unit or units and mobile home and the building or buildings wherein the same may be situate, for which the application is applied for, so that the construction official or his agent may determine whether or not the dwelling unit or units and the building wherein the same may be situate fully comply with all municipal ordinances and rules and regulations affecting the use and occupancy of all such dwelling houses and dwelling units and structures. No certificate of inspection permitting occupancy shall be issued unless there is full and complete compliance with all of the foregoing, unless otherwise specified in writing by the construction official or his agent.
G.
Violations and penalties.
(1)
Any person or persons or partnership or firm or corporation, including any real estate broker or real estate agent or any representative, servant or employee of any of the foregoing, who in any manner fails to fully comply with the terms and covenants of this section and who is part of any transaction resulting in the violation of any of the terms and provisions of this section shall be deemed to have violated the terms and provisions of this section and is subject to the penalties provided in Chapter 119, Fees, of the Code of the Borough of Franklin for violation of the same, unless and until a certificate of inspection permitting occupancy as aforesaid shall have been issued.
(2)
All violations of this section by any person or persons,
partnership, firm or corporation, or any agents or servants or representatives
as provided herein, whether the person is the owner of the premises, the agent
of any party as aforesaid or the tenant or the occupant or occupants, shall
be deemed separate and distinct violations for each and every day that said
violation may continue, and all parties violating this section shall be deemed
jointly and severally liable for any and all such violations.
H.
Issuance by construction official; fees. A Certificate of Inspection Permitting Occupancy to be issued under the terms of this section shall be issued solely by the construction official or his agent without the necessity of approval therefor by the governing body of the Borough of Franklin. Such Certificate of Inspection Permitting Occupancy shall be granted or denied within 15 days from the date written application therefor has been received by the construction official. If no action is taken by the construction official within the fifteen-day time period, the application shall be considered to be denied. The fee for issuance of such certificate as provided for herein shall be the sum provided for in Chapter 119, Fees. In addition, whenever the construction official shall issue a Correction of Violation Notice as a requirement prior to the issuance of a Certificate of Inspection Permitting Occupancy, if more than one reinspection of the premises is required for the construction official to certify that the relevant violations have been abated, then the applicant shall be required to pay an additional fee for the costs of said reinspection, in the sum provided for in Chapter 119, Fees.
[Amended 5-25-1993 by Ord.
No. 6A-93]
I.
Compliance with ordinances required. All buildings or
structures or dwelling houses or dwelling units for which application shall
have been filed by virtue of this section shall fully comply with all other
municipal ordinances or requisite municipal requirements for the structures
or units. The construction official or his agent shall be required to specify
the corrections to be made to the premises for the certificate to be issued.
J.
Notification when inspection may be made. All owners
or renting agents of real estate of person or persons applying for a certificate
as provided herein shall advise the construction official or his agent of
a reasonable time or times that the inspection may be made and have someone
present to assist and provide entry for the inspection purposes. The construction
official or his agent shall comply with the request and application within
a reasonable time after entry is provided and, when proper, shall issue the
certificate within a reasonable time thereafter.
K.
Compliance with procedures required. No tenant, owner
or occupant shall sublease, sublet, transfer title (except as heretofore provided),
permit the use of the occupancy of the dwelling house, dwelling unit or structure
provided for herein without following the procedures set forth and required
by this section, nor shall any real estate broker or agent or representative
of any of the foregoing permit any violation of this section.
Fees for construction permits shall be changed in accordance with the schedules set forth in § 14-1E.
No building permit shall be issued for a residence of less than 1,100
square feet area, excluding porches and garage area.
It shall be unlawful for any person to erect, use, occupy, demolish
or move any building or structure in violation of any provision of this chapter
or the code referred to herein or to cause or permit any such violation to
be committed.
Any violator of this article, upon conviction thereof, shall be subject to the penalties as provided for in Chapter 1, General Provisions.
