Borough of Folsom, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Folsom 7-10-1980 by Ord. No. 141. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 90.
Flood damage prevention — See Ch. 111.
Lowland areas — See Ch. 124.
Recycling — See Ch. 155.
Solid waste and littering — See Ch. 162.
Trailers and camp cars; trailer parks — See Ch. 180.
Wells and other open excavations — See Ch. 196.

§ 151-1 Title; purpose; scope.

A. 
Title. This chapter shall be known as the "Minimum Standards Ordinance for Dwellings and Other Structures" and is herein referred to as the "Property Maintenance Code" or "this Code."
B. 
Purpose. The purpose of this chapter is to protect the public health, safety and welfare in buildings as hereinafter provided by:
(1) 
Establishing a minimum standard of maintenance for residential and nonresidential buildings, through a program of occupancy permits to order property owners to meet this standard prior to reoccupancy of any building or structure within the municipality.
(2) 
Fixing the responsibilities of owners, operators and occupants of dwellings and other structures.
(3) 
Providing for administration, enforcement, appeals and penalties.
C. 
Matters covered. The provisions of the Property Maintenance Code apply to all structures used for human habitation which are now or may become in the future substandard with respect to structure, protection against fire hazard, equipment or maintenance, inadequate provisions for light and air, lack of proper heating, unsanitary conditions and overcrowding, or shall otherwise be deemed to constitute a menace to safety, health and welfare of their occupants, except as provided. The existence of such conditions, factors or characteristics adversely affect public safety, health and welfare and lead to the continuation, extension, and aggravation of urban blight. Adequate protection of the public, therefore, requires the establishment and enforcement of these minimum property standards.

§ 151-2 Applicability; conflicts with other regulations.

A. 
Application of uniform construction codes. Any alterations to buildings, or changes of use therein, which may be caused directly or indirectly by the enforcement of this chapter, shall be done in accordance with the applicable section of the uniform construction codes.[1]
[1]
Editor's Note: See Ch. 90, Construction Codes, Uniform.
B. 
Application of Chapter 200, Zoning. Nothing in this chapter shall permit the establishment or conversion of a multifamily dwelling in any zone except where permitted by Chapter 200, Zoning, nor the continuation of such nonconforming use in any zone except as provided therein.
C. 
Conflict with other ordinances. Except as provided, in any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of the Borough of Folsom existing on the effective date of this chapter, the provisions on the safety and health of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of the Borough of Folsom in the County of Atlantic existing on the effective date of this chapter which establishes a minimum standard for the promotion and protection of the safety and health of the people, the provisions of this chapter shall prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.
D. 
Existing building. This chapter establishes minimum requirements for the continued occupancy of all buildings used for human habitation and does not replace or modify requirements otherwise established for the construction, repair, alteration or use of buildings, equipment or facilities except as provided in this section.
E. 
Existing remedies. Nothing in this chapter shall be deemed to abolish or impair existing remedies of the Borough of Folsom or its officers or agencies relating to the removal or demolition of any buildings which are deemed to be dangerous, unsafe or unsanitary.

§ 151-3 Definitions; word usage.

Unless otherwise stated the following terms shall, for the purposes of this chapter, have the meanings indicated in this section.
A. 
Word usage. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; and the singular number includes the plural and the plural the singular.
B. 
Terms defined in uniform construction codes. Where terms are not defined in this section and are defined in the uniform construction codes, they shall have the meanings ascribed to them as in the uniform construction codes.
C. 
Terms not defined. Where terms are not defined under the provisions of this chapter or under the provisions of the uniform construction codes, they shall have ascribed to them their ordinarily accepted meanings of such as the context herein may imply.
D. 
Terms defined. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that attached thereto or located on the same premises.
BUILDING
Any building or structure, or part thereof, used for human habitation, use or occupancy and includes any accessory buildings and appurtenances belonging thereto or usually enjoyed therewith.
CERTIFICATE OF CONTINUED OCCUPANCY
The certificate issued by the Construction Official which provides, based upon a general inspection of the visible parts of a dwelling, that there is no unsafe condition found, that the dwelling complies with the Property Maintenance Code and other ordinances of the Borough of Folsom, that no violations exist which would prevent the issuance of a certificate of continued occupancy and that the dwelling is approved for continued occupancy.
[Added 2-6-2008 by Ord. No. 01-2008]
CONSTRUCTION OFFICIAL
The official designated herein or otherwise charged with the responsibilities of administering this chapter, or his authorized representative.
DWELLING
Any building, including a so-called motel-type of operation which has facilities as described in the following definition of "dwelling unit," which is wholly or partly used or intended to be used for living or sleeping by human occupants, provided that temporary housing as hereinafter defined shall not be regarded as a "dwelling."
DWELLING, TWO-FAMILY
A building containing two units.
DWELLING UNIT
One or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.
EXTERIOR PROPERTY AREAS
The open space on the premises and on adjoining property under the control of owners or operators of such premises.
EXTERMINATION
The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poison spraying, fumigating or trapping or by any other approved pest elimination methods.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
HABITABLE ROOM
A room or enclosed floor space arranged for living, eating and sleeping purposes, not including bathrooms, water closet compartments, laundries, pantries, foyers, hallways and other accessory floor space.
INFESTATION
The presence of insects, rodents, vermin or other pests.
OCCUPANT
Any person over one year of age, including the owner or occupant, living and sleeping in a dwelling unit or having actual possession of said dwelling or rooming unit.
OPENABLE AREA
That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR
Any person who has charge, care or control of a multifamily dwelling or rooming house in which dwelling units or rooming units are let or offered for occupancy.
OWNER
Any person who, along or jointly or severally with others:
(1) 
Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or
(2) 
Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner or as executor or executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter, and the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
PERSON
An individual, firm, corporation, association or partnership.
PREMISES
A lot, plot or parcel of land, including the building or structure thereon.
RUBBISH
Combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
SUPPLIED
Installed, furnished or provided by the owner or operator.
TEMPORARY HOUSING
Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utility system on the same premises for more than 30 consecutive days.
WORKMANLIKE STATE OF MAINTENANCE AND REPAIR
That such maintenance and repair shall be made in a reasonably skillful manner.

§ 151-4 Enforcement; authority of Construction Official; liability; inspections.

A. 
It shall be the duty and responsibility of the Construction Official or his authorized representative to enforce the provisions of the Property Maintenance Code as herein provided.
B. 
Modification. The Construction Official shall have the power to modify any of the provisions of this chapter when there are practical difficulties in the way of carrying out the strict letter of this chapter, provided that the spirit of this chapter shall be observed and public safety secured. The particulars of such modification, when granted or allowed, and the decision of the Construction Official thereon, shall be entered upon the records of the Building Department, and a signed copy shall be furnished the applicant.
[Amended 5-20-2004 by Ord. No. 9-2004]
C. 
Coordination of enforcement. The inspection of premises and the issuing of orders in connection therewith under the provisions of this chapter shall be the exclusive responsibility of the Building Department of the Borough of Folsom. However, whenever deemed appropriate by the Construction Official or the Zoning Officer, the inspections by the Construction Official shall be coordinated with the Zoning Officer for compliance with Chapter 152 of this Code. In addition, whenever deemed necessary or appropriate by the Construction Official, the Construction Official may arrange for inspections by any other department of the Borough. All inspections shall be coordinated and arranged so as to avoid or minimize multiple inspections and inconvenience to the owner or occupant. No order for correction of any violation under this chapter shall be issued without the approval of the Construction Official and it shall be the responsibility of such official, before issuing any such order, to determine that there is concurrence by the Zoning Officer or any other department or officer of Borough government which has a concern with any matter involved with the property.
[Amended 6-12-2013 by Ord. No. 03-2013]
D. 
Administrative liability. Except as may otherwise be provided by statute or local law or ordinance, no officer, agent or employee of the Borough of Folsom charged with the enforcement of this chapter shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. No person who institutes or assists in the prosecution of a criminal proceeding under this chapter shall be liable to damage hereunder unless he acted with actual malice and without reasonable grounds for believing that the person accused or prosecuted was guilty of an unlawful act or omission. Any suit brought against any officer, agent or employee of the Borough of Folsom as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the legal representative of the Borough of Folsom until the final determination of the proceedings therein.
E. 
Inspections. The Construction Official shall make or cause to be made inspections to determine the conditions of any building or structure in order to safeguard the safety, health and welfare of the public under the provisions of this chapter. The Construction Official is authorized to enter any building or structure only by expressed consent of the owner, or his agent, or by an inspection warrant issued by the Municipal Judge.

§ 151-5 Certificate of occupancy; fee.

[Amended 2-6-2008 by Ord. No. 01-2008]
A. 
No owner or his agent shall sell, rent, transfer, grant, lease, let, mortgage with right of occupancy or 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, of any dwelling unit, hotel, motel, rooming house, rooming unit, boardinghouse or premises on which a building is located and is used for human occupancy unless a certificate of continued occupancy, certifying that the building and premises qualify for the issuance of a certificate of continued occupancy, shall first be obtained from the Construction Official of the Borough. Such certificate of continued occupancy shall be granted or denied within 10 days from the date of the application for the same.
B. 
The Construction Official shall cause to be prepared appropriate application forms for such certificate of continued occupancy, which forms shall be available at the office of the Construction Official.
C. 
The Construction Official shall also cause to be prepared appropriate forms of such certificate of continued occupancy.
D. 
A charge of $120 to cover the cost of inspection in connection with such application shall be paid to the Construction Official at the time the application is filed and shall not be returnable. If an inspection by the Zoning Officer pursuant to Chapter 152 is required, an additional charge of $50 to cover the cost of such inspection shall be paid to the Construction Official at the time the application is filed and shall not be returnable.
[Amended 6-12-2013 by Ord. No. 03-2013]
E. 
No certificate of continued occupancy may be issued unless approved smoke detectors and carbon monoxide detectors have been installed as required by applicable state statute.
F. 
A certificate of continued occupancy shall remain valid for 90 days after the date of issuance. An application for an extension of an additional 90 days may be applied for. The fee for an extension of a certificate of continued occupancy shall be $50.
G. 
In the event that any building or premises is occupied or otherwise disposed of in violation of the requirement for a certificate of continued occupancy, both the owner and the purchaser or the lessor and lessee or the occupant shall be deemed to have violated this section and shall each be subject to the penalties provided hereafter.
H. 
In the case of any property which is vacant and in such poor condition that it may not be occupied without substantial rehabilitation work, the Construction Official or his designee is authorized to defer the inspection and issuance of a certificate of occupancy normally required prior to a sale or other transfer of such property. The prospective owner shall certify that the required repairs will be begun within 30 days after closing and completed within six months after closing. Such six months may be extended by the Construction Official or his designee for good cause. The property may not be occupied until a certificate of occupancy is issued. The required fee for the certificate of occupancy shall be paid at the time of the request for a deferral and shall be applied to the required inspection. The failure to complete the work as required in this section or the occupancy of the property prior to the issuance of the certificate of occupancy shall be a violation in accordance with § 151-7.
[Added 9-14-2011 by Ord. No. 05-2011]

§ 151-6 Condemnation of unsafe buildings.

Dwelling units or housing units can be condemned as dangerous structures or unsafe for human habitation as herein provided.
A. 
Dangerous structures. If any building or structure shall be found to be in an unsafe condition and dangerous to life, limb and property, the Construction Official shall proceed to have the same condemned pursuant to the applicable provisions of ordinance of the Borough of Folsom pertaining to unsafe structures.
B. 
Structures unfit for human occupancy. Whenever the Construction Official finds that any dwelling constitutes a hazard to the safety, health or welfare of the occupant or to the public because it is in disrepair, is unsanitary or is vermin- or rodent-infested or because it lacks the sanitary facilities or equipment or otherwise fails to comply with the minimum provisions of this chapter, but has not yet reached such stage of complete disrepair as to be condemned as a dangerous structure as hereinbefore provided, he may declare such dwelling unfit for human habitation. It shall be unlawful to again occupy such dwelling until it or its occupants, as the case may be, have been made to conform to the law.
C. 
Vacant buildings. Whenever a structure deemed unfit for human habitation or dangerous to life and health remains vacant for a period of one year, proceedings shall be instituted against the owner.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Notice. Notice of the declaration of any building under this chapter as unfit for human habitation and the order to vacate it shall be served as provided in such other codes or ordinances of the Borough of Folsom, pertaining to unsafe buildings.
E. 
Posting of notice. Any dwelling or multifamily dwelling declared as unfit for human habitation shall be posted with a placard by the Construction Official. The placard shall include the following:
(1) 
Name of the Borough.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
The name of the authorized department having jurisdiction.
(3) 
The chapter and section of the ordinance under which it is issued.
(4) 
An order that the dwelling or room, when vacated, must remain vacant until the provisions of the order are complied with, and the order to vacate is withdrawn.
(5) 
The date that the placard is posted.
(6) 
A statement of the penalty for defacing or removal of the placard.
(7) 
That the person served has a right to a hearing.
F. 
Form of notice. When the Construction Official has declared a dwelling or rooming unit as unfit for human habitation, he shall give notice to the owner. Such notice shall:
(1) 
Be in writing.
(2) 
Include a description of the real estate sufficient for identification.
(3) 
Include a statement of the reason or reasons why it is being issued.
(4) 
State the time to correct the conditions.
(5) 
State the time occupants must vacate the dwelling unit or units, as the case may be.
G. 
Service of notice. Service of notice to shall be by one of the following methods:
(1) 
By delivery to the owner personally or by leaving the notice at the usual place of residence of the owner with a person of suitable age and discretion.
(2) 
By certified or registered mail addressed to the owner at his last known address with postage prepaid thereon.
(3) 
By posting and keeping posted for 24 hours a copy of the notice in placard form in a conspicuous place on the premises to be vacated.
H. 
Removal of placard or notice. No person shall deface or remove the placard from any dwelling or multifamily dwelling which has been declared or placarded as unfit for human habitation except by authority in writing from the Construction Official.
I. 
Vacating of declared building. Any dwelling or room which has been declared and placarded as unfit for human habitation by the Construction Official shall be vacated within a reasonable time as required by the Construction Official, and it shall be unlawful for any owner or operator to let to any person for human habitation said dwelling, multifamily dwelling or rooming unit, and no person shall occupy any dwelling or multifamily dwelling which has been declared or placarded by the Construction Official as unfit for human habitation after the date set forth in the placard.
J. 
Occupancy of building. No dwelling unit which has been declared or placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from the Construction Official. The Construction Official shall remove such placard whenever the defect or defects upon which the declaration and placarding action were based have been eliminated.
K. 
Demolition permit. A demolition permit for the removal of any structure or part of a building (including, among others, a fence, billboard or sign), as outlined in this chapter, must be obtained from the Construction Official.

§ 151-7 Notice of violations; violations and penalties.

A. 
Notice of violations shall be served upon the owner of record, provided that such notice shall be deemed to be properly served upon such owner if a copy thereof is delivered to him personally or, if not found, by leaving a copy thereof at his usual place of residence with a person of suitable age and discretion who shall be informed of the contents thereof, or by sending a copy thereof by mail to his last known address, or, if the letter with the copy is returned showing it has not been delivered to him, by posting a copy thereof in a conspicuous place in or about the dwelling affected by the notice.
B. 
Service of notice. Whenever the Construction Official determines that there has been or is a violation, or that there are reasonable grounds to believe that there has been or is a violation, of any provision of this chapter, he shall give notice of such violation or alleged violation to the person or persons responsible therefor. Such notice shall:
(1) 
Be in writing.
(2) 
Include a description of the property sufficient for identification, preferably by address and Borough block and lot numbers.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Specify the violation which exists and the remedial action required.
(4) 
Allow a reasonable time for the performance of any act it requires.
C. 
Prosecution of violation. In case any violation order is not promptly complied with, the Construction Official may request the legal representative to institute an appropriate action or proceedings at law or in equity against the person responsible for the violations.
D. 
Penalties. Any person who violates any of the provisions of this chapter or who fails to comply with an appropriate order issued by the Construction Official shall be subject to a penalty of not more than $1,250, a term of imprisonment not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof. The imposition of the penalties provided herein shall not preclude the Borough from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure, or premises, or to stop an illegal act, conduct, or use of a building, dwelling, structure or premises.
[Amended 5-20-2004 by Ord. No. 9-2004; 2-6-2008 by Ord. No. 01-2008]

§ 151-8 Hearings; decision.

Any persons affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Mayor and Council of the Borough of Folsom, provided that such person shall file with the Borough Clerk/Municipal Administrator a written application requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such application, the Mayor and Council shall set a time and place for such hearing and shall give the applicant written notice thereof. At such hearing, the applicant shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the application was filed, provided that, upon application of the applicant, the Mayor and Council may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in its judgment, the applicant has submitted a good and sufficient reason for such postponement.
A. 
After such hearing, the Mayor and Council shall sustain, modify or withdraw the notice, depending upon its finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with.
B. 
The proceedings at such hearing, including the findings and decisions of the Mayor and Council, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Borough Clerk/Municipal Administrator. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Mayor and Council may seek relief therefrom in any court of competent jurisdiction as provided by the laws of this state.
C. 
Whenever the Construction Official finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to which such order is directed shall comply therewith immediately but, upon written application to the Mayor and Council, shall be afforded a hearing within 48 hours. After such hearing, depending upon its findings as to whether the provisions of this chapter and the rules and regulations adopted pursuant thereto have been complied with, the Mayor and Council shall continue such order in effect, modify it or revoke it.

§ 151-9 Environmental requirements.

A. 
Scope. The provisions of this section shall govern the minimum conditions of property and buildings to be used for human occupancy. Every building or structure occupied by humans and the premises on which it stands shall comply with conditions herein prescribed as they apply thereto.
[Amended 5-20-2004 by Ord. No. 9-2004]
B. 
Exterior property areas. No person shall occupy as owner-occupant or let to another for occupancy any dwelling unit for the purpose of living therein or premises which does not comply with the following requirements:
(1) 
Sanitation. All exterior property areas shall be maintained in a clean and sanitary condition free from any accumulation of rubbish and garbage.
(2) 
Noxious weeds. All exterior property areas shall be kept free from species of weeds or plant growth which are noxious or detrimental to the public health.
(3) 
Grading and drainage. All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon or within any buildings or structure located thereon.
(4) 
Insect and rodent harborage. Every owner of a dwelling or other premises shall be responsible for the extermination of insects, rodents, vermin or other pests in all exterior areas of the premises, except that the occupants shall be responsible for such extermination in the exterior areas of the premises of a single-family dwelling. Whenever infestation exists in the shared or public parts of the premises of other than a single-family dwelling, extermination shall be the responsibility of the owner.
C. 
Motor vehicles. All persons owning motor vehicles shall be subject to the following requirements:
[Added 9-11-1980 by Ord. No. 145]
(1) 
Residential areas. Except as provided in Chapter 200, Zoning, not more than one currently unregistered and/or uninspected motor vehicle shall be parked on any property in a residential district.
(2) 
Nonresidential areas. Except as provided in Chapter 200, Zoning, not more than two currently unregistered and/or uninspected motor vehicles shall be parked on any property in a nonresidential district.

§ 151-10 Exterior structure.

No person shall occupy as owner-occupant or let to another for occupancy any building or structure or portion thereof which does not comply with the following requirements:
A. 
Foundations. Every foundation, wall and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair and shall be kept in such condition as to exclude rodents and other intrusion. The foundation elements shall adequately support the building at all points.
B. 
Exterior walls. Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building.
C. 
Exterior maintenance of structures. The exterior of every structure or accessory structure or other improvement on the premises shall be kept in good repair, and all exposed surfaces thereof subject to deterioration shall be covered by a coating appropriate for the particular material involved.
D. 
Roofs. The roof shall be structurally sound, tight and have no defects which might admit rain, and roof drainage shall be adequate to prevent rainwater from causing dampness in the walls or interior of the building.
E. 
Drainage. Leaders and drainpipes shall be securely fastened to the buildings and maintained in good condition, free of leaks, kept clean and free of obstruction and shall direct stormwaters from foundation walls of the structure.
F. 
Stairs, porches and railings. Stairs and other exit facilities shall be adequate for safety, as provided in the uniform construction codes, and shall be kept in sound condition and good repair.
G. 
Windows, doors and hatchways. Every window, exterior door and basement hatchway shall be substantially tight and shall be kept in sound condition and repair.
H. 
Door hardware. Every exterior door, door hinge and door latch shall be maintained in good condition and, when closed, shall fit reasonably well within its frame.
I. 
Exit doors. Every door available as an exit shall be capable of being opened from the inside easily and without the use of a key.
J. 
Screening. Guards and screens shall be supplied for protection against rodents and insects.
K. 
Guards for basement windows. Every basement or cellar window which is openable shall be supplied with rodent-proof shields, wire mesh screens or with other materials affording equivalent protection against entry of rodents.

§ 151-11 Interior structure.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling, rooming unit or portion thereof for the purpose of living therein which does not comply with the following requirements:
A. 
Structural members. The supporting structural members of every dwelling and rooming house used for human habitation shall be maintained structurally sound, showing no evidence of deterioration which would render them incapable of carrying the imposed loads.
B. 
Interior stairs and railings. The interior stairs of every structure used for human habitation shall be maintained in sound condition and good repair by replacing treads and risers that evidence excessive wear or are broken, warped or loose. Every inside stair shall be constructed and maintained as to be safe for use and capable of supporting required loads.
C. 
Bathroom floors. Every toilet and bathroom floor surface shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.
D. 
Sanitation. The interior of every dwelling, room or other structure used for human habitation shall be maintained in a clean and sanitary condition, free from any accumulation of rubbish or garbage. Rubbish, garbage and other refuse shall be kept inside temporary storage facilities by appropriate ordinance of the Borough of Folsom.
E. 
Insect and rodent harborage. Buildings used for human habitation shall be kept free from insect and rodent infestation. Where insects or rodents are found, they shall be promptly exterminated by acceptable processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
F. 
Maintenance of interior dwelling units. Interior walls, ceilings and other exposed surfaces on the interior of dwelling units shall be kept smooth, clean and free of flaking, loose or peeling paint, plaster or paper and shall be capable of being maintained free of visible foreign matter and vermin and in a sanitary condition. Where necessary to accomplish the foregoing or any part thereof, by reason of the nature of the surface material, such interior walls shall be painted, papered, plastered or otherwise provided with a protective coating.

§ 151-12 Sanitary and heating requirements.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the following requirements:
A. 
Sanitary facilities. The following minimum sanitary facilities shall be supplied and maintained in a sanitary safe working condition:
(1) 
Water closet. Every dwelling unit shall contain a bathroom within its walls, separate from the habitable rooms, which affords privacy and which is equipped with a water closet.
(2) 
Lavatory. Every dwelling unit shall contain a lavatory which, when a water closet is required, shall be in the same room with said water closet.
(3) 
Bathtub or shower. Every dwelling unit shall contain a room which affords privacy to a person in said room and which is equipped with a bathroom or shower.
(4) 
Kitchen sink. Every dwelling unit shall contain a kitchen sink apart from the lavatory required under Subsection A(2).
(5) 
Water and sewer system. Every kitchen sink, lavatory basin, bathtub or shower and water closet required under the provisions of this section shall be properly connected to either a public water and sewer system or to an approved private water and sewer system. All sinks, lavatories, bathtubs and showers shall be supplied with hot and cold running water.
B. 
Water-heating facilities. Every dwelling unit shall be supplied with water-heating facilities which are installed in an approved manner, properly maintained and properly connected with hot-water lines to the fixtures required to be supplied with hot water under Subsection A(5). Water-heating facilities shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at any kitchen sink, lavatory basin, bathtub, shower and laundry facility or other similar units at a temperature of not less than 120° F. at any time needed.
C. 
Heating facilities.
(1) 
Every dwelling and rooming house shall have heating facilities which are properly installed, are maintained in safe and good working condition and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments to a temperature of at least 68° F. at a distance of three feet above floor level, under ordinary weather conditions.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Operation of heating facilities and incinerators. Every heating or water-heating facility and incinerator shall be installed and shall operate in accordance with the requirements of the uniform construction codes.

§ 151-13 Occupancy requirements.

No person shall occupy or let to another for occupy any dwelling unit or room for the purpose of living therein which does not comply with the following requirements:
A. 
Minimum ceiling heights. At least 1/2 of the floor area of every habitable room shall have a ceiling height of at least seven feet, and the floor area of that part of any room where the ceiling height is less than five 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.
B. 
Required space in dwelling units. Every dwelling unit shall contain a minimum gross floor area of not less than 150 square feet for the first occupant and 100 square feet for each additional occupant. The floor area shall be calculated on the basis of the total area of all habitable rooms.
C. 
Occupancy of rooming units. Occupancy of dwelling units and rooming units having only one habitable room shall be limited to two persons.

§ 151-14 Light and ventilation.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling unit or rooming unit for the purpose of living therein which does not comply with the following requirements:
A. 
Natural light in habitable rooms. Every habitable room shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of such room, except in kitchens when artificial light may be provided in accordance with the provisions of the uniform construction codes. Whenever walls or other portions of a structure face a window of any room and such obstructions 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 deemed to face directly to the outdoors nor to a court, and shall not be included as contributing to the required minimum total window area for the room.
B. 
Light in common halls and stairways. Every common hall and inside stairway in every dwelling or other building shall be adequately lighted at all times with an illumination of at least five lumens per square foot in the darkest portion of the normally traveled stairs and passageways.
C. 
Electric outlets required. When there is electric service available, every habitable room shall contain at least two separate-type electric convenience outlets or one such convenience outlet and one supplied ceiling-type electric light fixture. Every such outlet and fixture shall be maintained in good and safe working condition and shall be connected to the source of electric power in an approved manner.
D. 
Adequate ventilation. Every habitable room shall have at least one window which can be easily opened or such device as will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least 45% of the minimum window area size required in Subsection A, except where mechanical ventilation is provided in accordance with the provisions of the uniform construction codes.
E. 
Ventilation and light in bathroom and water closet. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms as required by Subsections A and D, except that no window shall be required in bathrooms or water closet compartments equipped with an approved ventilation system.

§ 151-15 Minimum requirements for safety from fire.

[Amended 9-11-1980 by Ord. No. 145]
A. 
Smoke detectors. Before any building which is occupied as and/or contains a rooming or dwelling unit as defined by this code is reoccupied, an approved smoke detector shall be installed in a manner and location approved by the Construction Official. In existing buildings having basements or cellars, an additional smoke detector shall be installed in said basement or cellar in a location approved by the Construction Official.
B. 
Exceptions. Existing buildings, governed by other state and federal codes, including all new buildings, shall be subject to the requirements of said codes and shall be exempt from the requirements of this code.

§ 151-16 Responsibilities of occupants.

A. 
Scope. Occupants of dwellings and multifamily dwellings and owners or operators of rooming houses shall be responsible for maintenance thereof as provided in this section.
B. 
Cleanliness. Every occupant of a dwelling unit shall keep that part of the dwelling unit and premises thereof which he occupies, controls or uses in a clean and sanitary condition.
C. 
Disposal of rubbish. Every occupant of a dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers required by the appropriate codes of the Borough of Folsom.
D. 
Use and operation of supplied plumbing fixtures. Every occupant of a dwelling unit shall keep the supplied plumbing fixtures therein clean and sanitary and shall be responsible for the exercise of reasonable care in their proper use and operation.
E. 
Installation and care of plumbing fixtures furnished by occupant. Every plumbing fixture furnished by the occupant of a dwelling unit shall be properly installed and shall be maintained in good working condition and kept clean and sanitary and free of defects, leaks and obstructions.

§ 151-17 Vacant, abandoned property; responsibilities of foreclosing creditors.

[Added 11-12-2014 by Ord. No. 07-2014]
A. 
Creditor responsibility. Pursuant to the provisions of the Public Laws of 2014, Chapter 35, a creditor filing a summons and complaint to foreclose a lien on a residential property that is vacant and abandoned, whether the filing of the summons and complaint is made before or after the determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security, and upkeep of the exterior of the residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer pursuant to the provisions of this chapter, Chapter 90 of the Code of the Borough of Folsom, pursuant to the provisions of N.J.S.A. 2A:50-73 or otherwise.
B. 
Notice to creditor; time to correct violations. If the public officer, or other authorized municipal official, determines that a creditor obligated to care, maintain, secure and keep up a vacant and abandoned property has failed to do so in violation of the provisions of this chapter or Chapter 151 of this Code, the public officer or other authorized municipal official shall issue a notice of violation to the creditor that has filed a summons and complaint to foreclose on the property in question. The notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of this notice shall constitute evidence that a property is vacant and abandoned for purposes of N.J.S.A. 2A:50-73.
C. 
Designated representative of out-of-state creditor; violation. An out-of-state creditor shall include the full name and contact information of the in-state representative or agent in the notice required to be provided to the Municipal Clerk pursuant to Paragraph (1) of N.J.S.A. 46:10B-51. An out-of-state creditor found by a court of competent jurisdiction to have violated this provision shall be subject to a fine of $2,500 for each day of the violation commencing on the day after the ten-day period set forth in Paragraph (1) of N.J.S.A. 46:10B-51 with respect to notifying the Municipal Clerk that an action to foreclose on the property has been filed.
D. 
Violations and penalties. A creditor subject to this chapter found by the municipal court, or by any other court of competent jurisdiction, to be in violation of the requirement to care, maintain, secure or upkeep a property as cited in the notice issued pursuant to this chapter shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this section shall commence 31 days following receipt of the notice, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.