City of East Orange, NJ Article VII Responsibilities of Owners, Operators and Occupants

§ 159-58 Duties of owners and operators generally.

Owners and operators shall have all the duties and responsibilities as prescribed in §§ 159-62 to 159-144 and the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.

§ 159-59 Duties of occupants generally.

Occupants shall have all the duties and responsibilities as prescribed in §§ 159-147 to 159-161 and all the regulations promulgated pursuant thereto, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.

§ 159-60 Duties not affected by agreements or contracts.

Unless expressly provided to the contrary in this chapter, the respective obligations and responsibilities of the owner and operator on one hand and the occupant on the other shall not be altered or affected by any agreement or contract by and between any of such persons or between them and other parties.

§ 159-61 Nonresidential lease exception.

[Added 3-13-1972 by Ord. No. 11-1972]

Any tenant or occupant of a nonresidential premises who assumes through a lease agreement any portion of the responsibilities assigned to the owner and operator within § 159-62 of this chapter shall, for the duration of such lease, be liable for such responsibilities as operator within § 159-58 hereof and notwithstanding § 159-60; except, however, that the owner shall under all circumstances continue to be responsible for the following:

A. Toilet facilities, including a commode and hand basin with hot and cold running water. Said facilities shall be adequate in number and within the leased portion of the building or within its reasonably located common areas.

B. Proper hookup to City sewer system.

C. Electrical power hookup, including safe wiring, with operating fixtures and outlets.

D. Keeping the interior free of leaks originating from the exterior or from outside of the confines of the leased portion of the building.

E. A safe and adequate heating system and the provision of heat as required in § 159-117 of this chapter.

F. Egress facilities meeting the minimal standards required within the provisions of Chapter 125, Construction Codes, Uniform.