[HISTORY: Adopted by the Mayor and Council of the Borough
of Fanwood 12-15-1971 by Ord. No. 631R as Ch. 44 of the 1971
Code; amended in its entirety 12-28-1999 by Ord. No. 99-25R. Subsequent amendments
noted where applicable.]
For the purposes of this chapter, the terms used herein are
defined as follows:
A private housing accommodation or dwelling unit where the
principal tenant or other occupant thereof is engaged in keeping boarders,
not related by blood or marriage to such principal tenant or other
occupant, for any part of a day or for a longer period, and, as incidental
thereto, serves food upon the premises under an express contract at
a certain rate for a fixed period of time.
A private housing accommodation or dwelling unit where the
principal tenant or other occupant thereof is engaged in keeping lodgers,
not related by blood or marriage to such principal tenant or other
occupant, for any part of a day or for a longer period, and where
no food is served upon the premises to such persons.
Any building where, for pay, five or more children under
the age of five years are regularly received for care apart from their
parent, close relative, or guardian, whether they are to remain for
periods of less than one day or for longer periods.
A privately operated establishment which maintains facilities
for the treatment or care of two or more individuals, not related
by blood or marriage to the person or persons maintaining the establishment,
suffering from illness or any infirmity, and where convalescent or
nursing care is rendered to such individuals. Any establishment undertaking
to care for elderly persons who are unable to care for themselves
shall be treated as a nursing home.
The Borough, upon authorization by the Commissioner of the New
Jersey Department of Community Affairs (DCA), shall perform such inspections
within the Borough as may be necessary to carry out the provisions
of N.J.S.A. 55:13B-1 et seq. (Rooming and Boarding House Act).
In the case of child care centers, the Construction Official,
at the request of the New Jersey Department of Human Services (DHS),
shall conduct examinations and inspections to determine compliance
with state and local laws and shall report the results of such inspections
to the DHS within 60 days of such request. Child care centers, including
nurseries accommodating six or more children, are governed by N.J.S.A.
30:5B-1 et seq., the Child Care Center Licensing Act.
No license shall be issued until the premises has been inspected
and the application approved by the Health Officer and by the Chiefs
of the Fire and Police Departments or their authorized representatives.
All inspections shall be made and licenses issued or denied within
30 days from the filing of the application.
No dwelling or other building of other than fireproof construction
or semifireproof construction, with all vertical openings suitably
enclosed, shall be occupied and used as a nursing home, convalescent
home or home for the aged, unless the following provisions are complied
with:
A.
No such nonfireproof or semifireproof building shall exceed a height
of three stories and attic, in accordance with the Building Code.
No such building shall have a window opening within 10 feet of any
other nonfireproof building.
B.
No such nonfireproof or semifireproof building shall be used above
the second story for the housing of children, patients, inmates, or
convalescents, nor for occasional sleeping purposes of such persons,
unless such nonfireproof building is, in each case, protected throughout
by an approved system of automatic sprinklers.
C.
Nonfireproof buildings shall have all vertical openings, such as
stairways (except any stairways between basements and first floors
and between first and second floor laundry chutes and dumbwaiter shafts
extending to cellar or basement and between occupied floors), enclosed
in partitions consisting of two-by-four-inch wood studs protected
on both sides with not less than 3/4 inch of cement or gypsum plaster
on metal or gypsum lath, or, in lieu thereof, any form of construction
affording equal resistance to fire. The door openings in such partitions
shall be protected by Class B fire doors listed by the Underwriters
Laboratories, Inc., and equipped with reliable self-closing devices.
The cellar or basement ceiling of a nonfireproof building shall be
protected by construction equal in fire resistance to 3/4 inch of
cement or gypsum plaster on metal or gypsum lath.
D.
No cellar space shall be used for sleeping purposes. Every room used
for sleeping purposes shall not be less than seven feet wide in any
part and shall contain not less than 70 square feet of clear floor
area. Every room shall have a clear height of not less than 7 1/2
feet for at least 60 square feet of floor area. Where a room used
for sleeping purposes contains more than one bed, there shall be at
least 60 square feet of floor area for each bed.
E.
Every building occupied above the first floor shall have at least
two stairways extending between the first and any occupied floor.
Where this is not feasible, one of the two means of egress may be
an outside ramp or stairway.
Every building coming within the scope of § 130-5 shall be inspected at least once every six months by the Fire Chief and by the Health Officer, or by their authorized representatives, in order to ensure proper compliance with the provisions of this chapter. Periodic inspection by any of the Borough agents whose approval is required before the license may issue shall be permitted at all times.
[Amended 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding $2,000,
or by imprisonment for a term not exceeding 90 days; and/or be required
to perform community service for a term not exceeding 90 days.
