[HISTORY: Adopted by the Township Committee of the Township
of Franklin 4-13-1999 by Ord. No. O-4-99; amended in its entirety 8-26-2014 by Ord. No.
O-24-2014. Subsequent amendments noted where applicable.]
The purpose of establishing certificates of occupancy transfer
is to protect the health, safety and general welfare of Franklin Township
residents by requiring certain minimum standards to be satisfied upon
each transfer or change of occupancy of all dwelling units in the
Township.
As used in this chapter, the following terms shall have the
meanings indicated:
A document issued by the Housing Code Official certifying
that the subject existing dwelling unit meets the minimum code standards
adopted in this chapter.
A change in the occupation of a dwelling unit by rent, sale,
transfer, grant, lease, let, mortgage with right of occupancy or to
otherwise dispose of the ownership or occupancy, whether or not for
a consideration and whether such disposal of ownership or occupancy
is temporary or permanent.
Any building or structure or portion thereof presently used
or used hereafter for habitation by any human beings, whether it is
occupied or to be occupied by an owner or tenant or occupied on any
other basis.
For the purpose of this chapter, the Housing Code the Township of Franklin shall refer to those sections of the International Property Maintenance Code, current edition, or its successors as published by the Building Officials and Code Administrators, Inc., relating to the areas and items subject to inspection as identified in § 178-7 of this chapter.
A suitably qualified employee of the Township designated
to conduct inspections of existing dwelling units prior to the issuance
of a certificate of occupancy transfer.
A document issued by the Housing Code Official that allows
the occupancy of an existing dwelling unit for up to 60 calendar days
while the owner/occupant completes correction of non-health and safety
items found during an inspection of the existing dwelling unit by
the Housing Code Official.
[Amended 12-14-2021 by Ord. No. O-14-21]
Certificates of occupancy transfer shall hereafter be required
for human habitation of all existing dwelling units in the Township
of Franklin before a change in occupancy of any such unit.
[Amended 12-14-2021 by Ord. No. O-14-21]
The owner of each dwelling unit subject to this chapter shall
be responsible for making written application to the Housing Code
Official for a certificate of occupancy transfer. In the event that
a change of occupancy is also accompanied by a change of ownership
of a dwelling unit, the buyer of such dwelling unit may waive the
seller's responsibility and assume the same; however, that such waiver
shall be in writing, which said waiver shall further state that the
buyer is fully aware that he, she or it is assuming full responsibility
for obtaining a certificate of occupancy transfer pursuant to this
chapter, and provided further that such written waiver shall be filed
with the Housing Code Official.
The certificate of occupancy transfer required herein does not
repeal or amend requirements for other certificates of occupancy heretofore
provided for by ordinances of this Township or statutes of the State
of New Jersey.
A.
Application for a certificate of occupancy transfer shall be made
to the Housing Code Official of this Township on a form provided by
said Official.
B.
The Housing Code Official shall thereupon cause inspection to be
made of the subject dwelling unit to determine if such unit is fit
for human habitation and in compliance with all applicable Township
ordinances and laws of the State of New Jersey related to maintenance,
safety and health.
The Housing Code Official shall inspect and verify the working
condition and safety of the following prior to the issuance of any
certificate of occupancy transfer:
A.
Property identification (911 numbering);
B.
Cleanliness of walls and ceilings;
C.
Doors and all handles, knobs and other door structures;
D.
Windows, storm windows and screens;
E.
Exterior paint;
F.
Exterior maintenance;
G.
A visual inspection of the roof;
H.
A visual inspection of the chimney;
I.
Basement, including windows and screens;
K.
Smoke detectors;
L.
Electrical outlets and electrical switches;
M.
Electrical fuse box or panel cover;
N.
Electrical outlet and switch covers;
P.
Sidewalks;
Q.
Exterior lawn, shrubs, trees;
R.
Maximum bedroom occupancy; and
S.
Such other criteria and/or items that the Housing Code Official deems
appropriate.
In addition to the requirements for a certificate of occupancy
transfer set forth above, smoke detectors shall also be provided in
each dwelling unit in compliance with N.J.A.C. 5:18-2.20. Smoke detectors
shall be installed as follows:
A.
On each level of the premises.
B.
Outside of each separate sleeping area. The smoke detectors required
in all Use Group R-3 dwellings shall be located in accordance with
NFPA 74 and maintained in working order.
C.
The smoke detectors shall not be required to be interconnected. Smoke
detectors may be battery powered and shall be listed in accordance
with ANSI/UL217.
D.
A/C powered smoke detectors shall be accepted as meeting the requirements
of this section.
E.
Wireless smoke detectors and carbon monoxide detectors shall be accepted
as meeting the requirements of this section.
A.
The application for a certificate of occupancy transfer or annual
rental inspection shall be filed with the Housing Code Official's
office and be accompanied by a fee of $100.
[Amended 12-14-2021 by Ord. No. O-14-21]
(1)
On-site
sewage/septic inspection required. As a condition to the submission
of a certificate of transfer application or annual rental inspections
application, the owner, purchaser, lessor, lessee, or occupant of
each residential unit shall provide to the Housing Office a certificate
or report issued by a New Jersey licensed independent inspection company
indicating that an inspection of the on-site sewage disposal septic
system was conducted and meets the current standards required by the
Gloucester County Health Department and/or the New Jersey Department
of Environmental Protection.
(2)
Compliance
with Private Well Testing Act required. The Enforcement Officer is
hereby authorized and directed, as part of their inspections set forth
in the Code, to require that all dwellings, dwelling units, rooming
units and premises located within the Township comply with all the
terms and conditions of N.J.S.A. 58:12A-26 et seq. (Private Well Testing
Act). The requirements set forth within the Act shall be a condition
of the issuance of a housing permit and/or certificate of occupancy
for a resale or rental property. In addition to the requirements set
forth in the Act, the owner, prior to a transfer of the structure
set forth herein, shall be required to remediate any deficiencies
without any exceptions. There shall be no exemptions or temporary
permits issued wherein it is determined that there is noncompliance
with the Act or the requirements of the Township Code.
B.
The Housing Code Official or his/her representative shall, within 10 working days of the receipt of a fully completed application for certificate of occupancy transfer or annual rental inspection and the accompanying fee pursuant to Subsection A, make such inspections as required herein and, upon determining that the requirements of § 178-7 have been complied with, issue a certificate of occupancy transfer.
[Amended 12-14-2021 by Ord. No. O-14-21]
C.
If, upon completion of the inspection or inspections, the Housing
Code Official or his/her representative finds the subject dwelling
unit is not in compliance with the Franklin Township Housing Code,
said Official or his/her representative shall notify the applicant
in writing of such noncompliance within the said 10 working days.
Said notice shall specifically set forth the violation or violations
which require correction.
D.
Upon correction of the violations, the applicant shall notify the
Housing Code Official in writing. Upon receipt of the notification,
the Housing Code Official or his/her representative shall reinspect
the subject dwelling. If all violations have been corrected, a certificate
of occupancy will be issued. If all violations have not been corrected,
a certificate of occupancy will not be issued. For each subsequent
reinspection, the applicant shall notify the Housing Code Official
in writing and shall submit a reinspection fee of $50. This procedure
shall be followed until all violations have been corrected, at which
time a certificate of occupancy shall be issued. At the discretion
of the Housing Code Official or his/her designee, a temporary certificate
shall be allowed to be issued for 60 days when non-life-threatening
repairs are found after the initial inspections is conducted and will
allow a new occupant to occupy the premises after the temporary certificate
of transfer form is signed by all parties and the reinspection fee
of $50 is paid to the Housing Office.
[Amended 12-14-2021 by Ord. No. O-14-21]
E.
The Housing Code Official or his/her designee shall furnish copies
of all regulations referred to herein to any person requesting the
same for a fee commensurate with the costs of reproducing such regulations.
[Amended 12-14-2021 by Ord. No. O-14-21]
[Added 12-14-2021 by Ord. No. O-14-21]
A.
Cellars and basements. No cellar area or any part thereof shall be
used for sleeping purposes. Basements may be used for sleeping purposes,
provided that the entire basement complies with all requirements of
this chapter, that all furnaces or other heating or hot-water facilities
are so located, insulated and separated from living areas by resistive
partitions of two-hour fire rating, that fire extinguishers are provided
at an accessible location in proximity thereto for use in case of
fire and that the floors, ceilings and walls are impervious to leakage
of underground and surface runoff water and are insulated from and
free from dampness and moisture.
B.
Heat. Every rental facility shall have heating facilities which are
properly installed, maintained in good and safe working condition
and capable of safely and adequately heating all applicable rooms,
bathrooms and water closets located therein to a temperature of at
least 70° F. when the outside temperature is 0° F. The temperature
shall be read at a height of three feet above floor level at the center
of the room.
C.
All heating facilities located on the same floor with sleeping or
living facilities shall be separated from said sleeping or living
facilities by a fire-resistant wall.
D.
Lighting and ventilation.
(1)
Every habitable room shall have at least one window or skylight facing
directly to outdoors, which shall be of sufficient size and location
so that, when combined with artificial lighting and ventilating devices,
said room will be fit for human occupancy, in accordance with the
minimum standards hereinafter set forth with respect to lighting and
ventilation.
(2)
Means of ventilation shall be provided for every habitable room.
Such ventilation may be provided by an easily operable window or skylight,
or by other acceptable means, which will provide at least two air
changes per hour.
(3)
Means of ventilation shall be provided for every bathroom or water
closet compartment. Such ventilation may be provided by an easily
operable window or skylight or by other acceptable means which will
provide at least six air changes per hour.
E.
Kitchen. Every dwelling unit in which the regular preparation of
meals is to be accomplished must be equipped with a means of natural
ventilation or mechanical ventilation sufficient to promptly remove
cooking odors to the exterior of the premises.
F.
Maintenance.
(1)
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 parts or part thereof
subject to corrosion or deterioration shall be kept well painted.
(2)
Every inside and outside stairway and porch and appurtenance thereof
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 kept in
sound condition and good repair. Every stairway having three or more
steps shall have a handrail per code.
(3)
Every porch, balcony, roof and/or similar place higher than 30 inches
above the ground used for egress or for use by occupants shall be
provided with adequate railings. Such protective railings shall be
properly balustraded and shall not be less than three feet in height.
(4)
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.
(5)
Every foundation, floor and wall shall be free from chronic dampness.
(6)
Every rental facility shall be free from rodents, vermin and insects.
Rodents or vermin extermination and rodentproofing or verminproofing
may be required by the inspecting officer or the Board of Health.
(7)
Every rental facility shall be clean and free from garage or rubbish
and other hazards to safety. Lawns, hedges, trees, brushes, and other
forms of vegetation shall be kept trimmed and shall not be permitted
to become overgrown and unsightly. Fences shall be kept in good repair.
(8)
The inspecting officer, Code Official or Board of Health may issue
an order to clean, repair, paint, whitewash or paper such walls or
ceilings when a wall or ceiling in a dwelling has deteriorated so
as to provide a harborage for rodents or vermin, or when such wall
or ceiling has become stained or soiled or where the plaster wallboard
has become loose or badly cracked or missing.
G.
Fire protection. Each rental facility shall contain a fire extinguisher
on every floor or portion thereof used as a rental facility. These
should be kept in a designated location in a condition which will
permit efficient operation without delay.
[Amended 12-14-2021 by Ord. No. O-14-21]
Any person charged with the responsibility for obtaining a certificate
of occupancy pursuant to this chapter who violates the provisions
hereof shall be subject, upon conviction thereof, to a fine of not
less than $200 nor more than $400 at the discretion of the Court.
Each day that a violation continues after due notice has been served
shall be deemed a separate offense.
