The provisions of this chapter shall constitute
the standards to guide the Board of Health, the Health Officer or
his agents in determining the fitness of a building for human habitation,
use or occupancy.
A.
Every dwelling unit and lodging house shall be provided
with a safe supply of potable water meeting the standards as set forth
in Potable Water Standards as published by the New Jersey State Department
of Health.
B.
The source of such water supply shall be approved
by the New Jersey State Department of Health and/or the Board of Health.
C.
The minimum rate of flow of hot or cold water issuing
from a faucet or fixture shall be not less than one (1) gallon per
minute.
A.
Every dwelling unit shall contain a kitchen sink of
nonabsorbent, impervious material, at least one (1) flush-type water
closet, a lavatory and a bathtub or shower available only for the
use of the occupants of that dwelling unit.
B.
Every lodging house shall be provided with a minimum
of one (1) flush-type water closet, lavatory and a bathtub or shower
for every eight (8) persons or part thereof.
C.
Every water closet, lavatory and bathtub or shower
for each dwelling unit or lodging house shall be accessible from within
the building without passing through any part of any other dwelling
unit or lodging unit and in a lodging house shall be located no farther
than one (1) floor above or below the lodging units served. Such water
closet, lavatory and bathtub or shower shall be contained in a room
or rooms which are separated from all other rooms by walls, doors
or partitions that afford privacy.
D.
Every plumbing fixture shall be connected to water
and sewer systems approved by the Board of Health and shall be maintained
in good working condition.
E.
Every kitchen sink, lavatory and bathtub or shower
required by this chapter shall be connected to both hot and cold water
lines.
F.
Every dwelling shall have water-heating facilities which are installed and maintained in good and safe working condition, connected with the hot water lines required under the provisions of Subsection E and capable of delivering water at a minimum temperature of not less than one hundred twenty degrees Fahrenheit (120° F.).
A.
Garbage or other organic waste shall be stored in watertight receptacles with a minimum capacity of fifteen (15) gallons constructed of metal or other approved material. Such receptacles shall be provided with tight-fitting covers. At least one (1) approved-type garbage receptacle shall be provided for each dwelling unit in accordance with § 235-20I of this chapter.
A.
Every habitable room shall have at least one (1) window
or skylight facing directly to the outdoors. The minimum total window
or skylight area measured between stops, for every habitable room,
shall be ten percent (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 (3) 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 unit shall be provided with electric
service, and all wiring or new wiring shall conform to the National
Electrical Code as administered by the Middle Department Association
of Fire Underwriters.
C.
Every habitable room shall contain at least two (2)
separate wall-type electric convenience outlets or one (1) such convenience
outlet and one (1) ceiling- or wall-type electric light fixture. Every
such outlet and fixture shall be maintained in good and safe condition
and shall be connected to the source of electric power. No temporary
wiring shall be used except extension cords which run directly from
portable electrical fixtures to convenience outlets and which do not
lie under rugs or other floor coverings nor extend through doorways
or other openings through structural elements.
D.
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 (2) lumens
per square foot [two (2) footcandles] in the darkest portions.
E.
Every portion of any interior or exterior passageway
or staircase common to two (2) or more families in a dwelling shall
be illuminated naturally or artificially at all times, with an illumination
of at least two (2) lumens per square foot [two (2) footcandles] in
the darkest portion of the normally traveled stairs and passageways.
In dwellings comprising two (2) dwelling units, such 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.
F.
Every bathroom and water-closet compartment in a nursing
or convalescent home, hotel, motel, lodging house or other form of
temporary housing shall have either natural or artificial light available
at all times, with an illumination of at least three (3) lumens per
square foot [three (3) footcandles]. Such light shall be measured
thirty-six (36) inches from the floors 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.
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 forty-five
percent (45%) of the minimum window area or minimum skylight area
as required in this chapter or by other means which will provide at
least two (2) air changes per hour and are acceptable to the Health
Officer.
B.
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 forty-five percent (45%) of the minimum window area or minimum
skylight area as required in this chapter or by other means which
will provide at least six (6) air changes per hour and are acceptable
to the Health Officer.
A.
Every dwelling shall have heating facilities which
are properly installed, maintained in good and safe working condition
and are capable of safely and adequately heating all habitable rooms,
bathrooms and water-closet compartments located therein to a temperature
of at least seventy degrees Fahrenheit (70° F.) when the outside
temperature is zero degrees Fahrenheit (0° F.). The temperature
shall be read at a height of three (3) feet above floor level at the
center of the room.
B.
Every space heater, except electrical, shall be properly
vented to a chimney or duct leading to outdoors. Unvented portable
space heaters burning solid, liquid or gaseous fuels shall be prohibited.
A.
Every dwelling, dwelling unit or lodging unit shall
have safe and unobstructed means of egress. Such means of egress shall
not be through any other dwelling unit or part thereof and shall lead
to a safe and open space at ground level accessible to a street.
A.
Every foundation, floor, wall, ceiling, door, window,
roof or other part of a building shall be kept in good repair and
capable of the use intended by its design, and any exterior part or
parts thereof subject to corrosion or deterioration shall be kept
well painted.
B.
Every inside and outside stairway, every porch and
every appurtenance thereto shall be so constructed as to be safe to
use and capable of supporting the load that normal use may cause to
be placed thereon and shall be kept in sound condition and good repair.
Every stairway having three (3) or more steps shall be properly banistered
and safely balustraded.
C.
Every porch, balcony, roof and/or similar place higher
than thirty (30) inches above the ground used for egress or for use
by occupants shall be provided with adequate railings or parapets.
Such protective railings or parapets shall be properly balustraded
and be not less than three (3) feet in height.
D.
Every roof, wall, window, exterior door and hatchway
shall be free from holes or leaks that would permit the entrance of
water within a dwelling or be a cause of dampness.
E.
Every foundation, floor and wall of a dwelling shall
be free from chronic dampness.
F.
Every dwelling shall be free from rodents, vermin and insects. Rodent or vermin extermination and rodent- and verminproofing may be required by the Board of Health. Rodent and vermin extermination shall be carried out in accordance with § 235-20K of this chapter. Every openable window, exterior door, skylight and other opening to the outdoors shall be supplied with properly fitting screens in good repair from May 1 until October 1 of each year. Such screens shall have a mesh of not less than No. 16.
G.
Every building, dwelling, dwelling unit and all other
areas of the premises shall be clean and free from garbage or rubbish
and hazards to safety. Lawns, hedges and bushes shall be kept trimmed
and shall not be permitted to become overgrown and unsightly. Fences
shall be kept in good repair.
H.
The Health Officer may order the owner to clean, repair, paint, whitewash or paper such walls or ceilings when a wall or ceiling within a dwelling has deteriorated so as to provide a harborage for rodents or vermin or when such a wall or ceiling has become stained or soiled or the plaster, wallboard or other covering has become loose or badly cracked or missing. Nothing in this subsection shall be so construed as to place upon the nonresident owner responsibilities for cleanliness contained in § 235-20F of this chapter.
I.
Every water-closet compartment floor and bathroom
floor will be so constructed and maintained as to be reasonably impervious
to water so as to permit such floor to be kept in a clean condition.
A.
Every dwelling unit shall contain at least one hundred
fifty (150) square feet of floor space for the first occupant thereof
and at least one hundred (100) additional square feet of floor space
for every additional occupant thereof, the floor space to be calculated
on the basis of total habitable room area.
B.
In every dwelling unit of two (2) or more rooms, every
room occupied for sleeping purposes by one (1) occupant shall contain
at least seventy-five (75) square feet of floor space, and every room
occupied for sleeping purposes by more than one (1) occupant shall
contain at least sixty (60) square feet of floor space for each occupant
thereof. Notwithstanding the foregoing, in every lodging unit, every
room occupied for sleeping purposes by one (1) occupant shall contain
at least eighty (80) square feet of floor space, and every room occupied
for sleeping purposes by more than one (1) occupant shall contain
at least sixty-five (65) square feet of floor space for each occupant
thereof.
C.
At least one-half (1/2) of the floor area of every
habitable room shall have a ceiling height of at least seven and one-half
(7 1/2) feet. The floor area of that part of any room where the
ceiling is less than five (5) feet shall not be considered as part
of the floor area in computing the total floor area of the room for
the purpose of determining the maximum permissible occupancy thereof.
D.
No room in a dwelling may be used for sleeping if
the floor level of the room is lower than three and one-half (3 1/2)
feet below the average grade of the ground adjacent to and within
fifteen (15) feet of the exterior walls of the room.
E.
A room located below the level of the ground but with
the floor level less than three and one-half (3 1/2) feet below
the average grade of the ground adjacent to and within fifteen (15)
feet of the exterior walls of the room may be used for sleeping, provided
that the walls and floor thereof in contact with the earth have been
dampproofed in accordance with a method approved by the Health Officer,
and provided that the windows thereof are at least fifteen (15) feet
from the nearest building or wall.
A.
No owner or occupant shall cause any services, facilities,
equipment or utilities which are required under this chapter to be
removed from, shut off or discontinued in any occupied dwelling let
or occupied by him, except for such temporary interruption as may
be necessary while actual repairs or alterations are in process or
during temporary emergencies, when discontinuance of service is authorized
by the Health Officer. In the event that any service or utility which
the owner has agreed to supply is discontinued, the owner shall take
immediate steps to cause the restoration of such service or utility.
B.
The owner of a dwelling located in an area found by
the Health Officer to be infested by rats, insects or other vermin
shall carry out such rat stoppage, verminproofing or other means of
preventing infestations of said dwellings as may be required by the
Health Officer.
C.
No owner shall occupy or let to an occupant any vacant
dwelling unit or lodging unit unless it is clean and sanitary and
free from infestation.
D.
Every owner of a dwelling containing two (2) or more
dwelling units or lodging units shall be responsible for maintaining
in a clean and sanitary condition and free from infestation the common
areas of the dwellings and premises thereof.
E.
It shall be the responsibility of the owner, unless
otherwise provided for under lease agreement, to provide for the orderly
maintenance of the premises. The storage of objects or materials other
than garbage and rubbish or not otherwise prohibited by municipal
ordinances shall be done in an orderly manner so as not to constitute
a health, safety or fire hazard.
F.
Every occupant of a dwelling shall keep in a clean
and sanitary condition that part of the dwelling which he occupies
and controls.
G.
Every occupant of a dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents by placing it in the garbage disposal facilities or garbage storage receptacles required by § 235-13A of this chapter.
H.
Every occupant of a dwelling unit shall dispose of all his rubbish in a clean, sanitary manner by placing it in the rubbish containers required by § 235-13B of of this chapter.
I.
In dwellings containing no more than three (3) dwelling
units, it shall be the responsibility of the occupant of each dwelling
unit to furnish the receptacles outside the dwelling unit as are needed
for the storage of garbage and rubbish until removal from the premises.
In lodging houses and in dwellings containing four (4) or more dwelling
units, it shall be the responsibility of the owner to furnish such
receptacles outside the lodging units or dwelling units as are needed
for the storage of garbage and rubbish until removal from the premises.
J.
Every occupant of a dwelling unit in a dwelling containing
no more than three (3) dwelling units shall be responsible, unless
provided for otherwise under a lease agreement, for the periodic removal
of all garbage and rubbish from the premises in accordance with such
regulations of this municipality for the collection of garbage and
rubbish.
K.
Every occupant of a dwelling comprising a single dwelling
unit shall be responsible for the extermination of any insects, rodents
or other pests therein or on the premises, and every occupant of a
dwelling unit in a dwelling containing more than one (1) dwelling
unit shall be responsible for such extermination whenever his dwelling
unit is the only one infested. Notwithstanding the foregoing provisions
of this subsection, whenever infestation is caused by failure of the
owner to maintain a dwelling in a ratproof or reasonably insectproof
condition, extermination shall be the responsibility of the owner.
Whenever infestation exists in two (2) or more of the dwelling units
in any dwelling or in the common parts of any dwelling containing
two (2) or more dwelling units, extermination thereof shall be the
responsibility of the owner.
L.
Every occupant of a dwelling unit shall keep all plumbing
fixtures therein in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and operation
thereof.
M.
In dwellings containing two (2) or more dwelling units
having a common source of heat for domestic hot water, it shall be
the responsibility of the owner to make provision for the proper operation
of such facilities at all times.
N.
Every owner of a dwelling who permits to be occupied
any dwelling unit or lodging unit therein under any agreement, expressed
or implied, to supply or furnish heat to the occupants thereof shall
supply heat adequate to maintain therein a minimum inside temperature
of seventy degrees Fahrenheit (70° F.) in all habitable rooms,
bathrooms and water-closet compartments between the hours of 6:00
a.m. and 11:00 p.m. and a minimum inside temperature of sixty degrees
Fahrenheit (60° F.) at all other times throughout the year.
O.
In the absence of a contract or agreement to the contrary,
an owner shall be obligated to provide heat wherever heating facilities
are under the control of the owner or whenever two (2) or more dwelling
units or lodging units are heated by a common facility.
P.
The owner shall be responsible for the compliance
with all provisions of this chapter not specified as the responsibility
of occupants.
